Book^ ^A^ 1 ^d 5 4 OFFICIAI^ UONATION. ^} LAWS •■ OF THE STATE OF WISCONSIN, EELATING TO OOLS, WITH KEGULATIONS FOE APPEALS, LIBRAEIES, &C., INSTKUCTIONS FOR SCHOOL OFFICERS, FORMS FOE CONDUCTING ALL NECESSARY PEOCEEDLNGS TJNDEE SAID LAWS, AND A DIGEST OF THE DECISIONS MADE BY THE STATE SUPEEINTENDENT WHICH AEE OF GENERAL APPLICATION. Prepared in pursuance of an Act of the Legislature, BY THE SUPERINTENDElsT OF PUBLIC INSTRUCTION MADISON: ^ BERIAH BROWN, PRATER. 1854. VI ^/l .^^"r^A A sufficieDt Dumber of copies of this pamphlet Tvill be fonvaided to the Clerk of the Board of Supervisors of each county in the State to enable him to retain one copy for his own use and fuinish one to the Clerk of each city, to the Town Super- intendent of each town, and to the Clerk of each school district in his county. Each of the officers named will receive the pamphlet in their official capacity, •which they are required by law to deliver to their successors in office. relatijn^g to com^iox schools. CONSTITUTION— ARTICLE X. \ ^ EDUCATION. SectiOi!T, 1. Tlie Supervision of public instruction sliall be State s-apevia- vested in a state superintendent, and such other officers as the t_endeatofpQ?i»- leo-islature shall direct. The state superintendent shall be chosen k° !°fwif ^^ 11 T/>ii ,• T c-t ■ flow electea by the qualified electors of the State, in such manner as the le- and his cois- gislature shall provide ; his powers, duties and compensation pensation. shall be provided by law : Provided, that his compensation shall not exceed the sum of twelve hundred dollars annually. Sec. 2. The proceeds of all lands that have been or hereafter "WTiatioccss- may be granted by the United States to this State for educational stitutetlie purposes, (except the lands heretofore granted for the purposes school fund, of a university,) and all moneys, and the clear proceeds of all property, that may accrue to the State by forfeiture or escheat, and all moneys which may be paid as an equivalent for exemp- tion from military duty, and the clear proceeds of all fines col- lected in the several counties for any breach of the penal laAvs, and all moneys arising from any grant to-the state where the pur- poses of such grant are not specitied, and the five hundred thou- sand acres of land to which the State is entitled by the provisions of an act of Congress, entitled " an act to appropriate the pro- ceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, one thousand eight hundred and fortj^-one, and also the Rve j^sr centum of the nett proceeds of the public lands to Avhich the state shall become entitled on her admission into the Union, (if Congress shall con- LAWS RELATING TO Ho-w interest applied. District Bcbools to of. Income of school fund sent to such appropriation of the two grants last mentioned) shall be set apart as a separate fund, to be called the school fund, the interest of which, and all other revenues derived from the school lands, shall be exclusively applied to the following Tobesetapail. objects, to wit : 1. To the support and maintenance of common schools, in each school district, and the purchase of suitable libraries and apparatus therefor. 2. The residue shall be appropriated to the support and main- tenance of academies and normal schools, and suitable libraries and apparatus therefor. Sec. 3. The legislature shall provide by law for the establish- ^'^f Tl'\^d b ^'^^^ ^^ district schools, Avhich shall be as nearly uniform as law to be free pi'^cticable, and such schools shall be free and witliout cl/arge and' not secta- for tuition to all children between the ages of four and twenty rian. years, and no sectarian instruction shall be allowed therein. Annual tax to Sec. 4. Each town and city shall be required to rais6% by tax, be raised for annually, for the support of common schools therein, A sum not Bvippoit of less than one half the amount received by such town/or city re- schools, spectively for school purposes, from the income cd' the school Amount there- f J i i ' tuna. / Sec. 5. Provision shall be made by law for the distribution of the income of the school fund among the several towns and cities bow aud when Qf i\yQ state, for the support of common schools therein, in some distributed. j^^^^. pj-Qpoj-tiQ^ ^q ti^g number of children and youth resident therein, between the ages of four and twenty years, and no ap- propriation shall be made from the school fund to any city or town, for the year in which said city or town shall fail to raise such tax, nor to any school district for the year in which a school shall not be maintained at least three months. Sec. G. Provision sliall be made by law for the establishment of a state university, at or near the seat of government, and for connecting with the same from time to time such colleges in differ- ent parts of the state, as the interests of education may require. The proceeds of all lands that have been or may hereafter be granted by the United States to the state for the support of a uni- versity, shall be and remain a perpetual fund, to be called the "university fund," the interest of which shall be appropriated to the support of the state university, and no sectarian instruction shall be allowed in such university. Sec. 7. The secretary of state, treasurer and attorney general shall constitute a board of commissioners for the sale of the school and university lands, and for the investment of the funds arising therefrom. Any two of said commissioners shall be a quorum for the transaction of all business pertaining to the duties of their office. Sec. 8. Provision shall be made by law for the sale of all school and university lands, after they shall have been appraised, and where any portion of such lands shall be sold, and the pur- State univer- sity. ScLool land commission- ers. Lands, how sold. COMMON SCHOOLS. ® chase money shall not be paid at the time of sale, the commis- sioners shall take security by mortgage upon the land sold for the sum remaining unpaid, with seven per cent, interest thereon, payable annually at the office of the treasurer. The commission- Powers of ers shall be authorized to execute a good and sufficient convey- commission- ance to all purchasers of such lands, and to discharge any mort- ^^^" gages taken as security when the sum due thereon shall have been paid. The commissioners shall have power to withhold from sale any portion of such lands when they shall deem it ex- pedient, and shall invest all moneys arising from the sale of such lands, as well as all other university and school funds, in such manner as the legislature shall provide, and shall give such se- curity for the faithful performance of their duties as may be re- quired by law. II. Chap. 9, Revised Statutes. OF THE STATE SUPERINTENDENT. Sec. 44. There shall be elected at the next general election, State snperin- and biennially thereafter, a state superintendent, whose term of tendent when office shall commence on the first day of January next succeeding tJ^^^f ^office, his election, and continue for the term of two years, and until his successor is elected and qualified. Sec. 45. The state superintendent shall, before he enters upon Oath of offica> the duties of his office, take and subscribe an oath to support the constitution of the United States, and of the state of Wisconsin, and faithfully to discharge the duties of his office to the best of his ability, which oath shall be filed in the office of the secretary of state. Sec. 46. The said superintendent shall receive for his services His salary, the sum of one thousand dollars per annum, payable quarterly in advance, with his actual postage, and the necessary stationery for his office, payable quarter yearly out of the state treasury. Sec. 47. He shall have a general supervision over the common His dutiea schools in this state, and it shall be his duty, as far as practica- ble, to visit every county in this state, for the purpose of inspect- ing the schools, awakening an interest favorable to the cause of education, and diff"using as widely as possible, by public addresses and personal communication with school officers, teachers and parents, a knowledge of existing defects, and of desirable im- provements in the government and the instruction of the schools. Sec. 48. It shall be his duty to recommend the introduction Ibid, of the most approved text books, and as far as practicable to se- cure a uniformity in the use of text books in the common schools throughout the state ; to discourage the use of sectarian books and sectarian instruction in the schools ; to advise in the selec- tion of books for school district libraries ; and to open such cor- ^ LAWS EELATING TO respondcnce abroad as may enable liim to obtain, so far as practicable, information relative to the system of common schools, and its improvements in other states and countries, which he shall embody in his annual report to the legislature. Eiis duties. Sec. 49. He shall prescribe rules and regulations for the man- agement of school district libraries, and the penalties 'which shall be imposed by district boards for any violation of such rules and regulations ; he shall prepare for the use of common school officers, suitable forms for making reports, and conducting all necessary proceedings, and he shall cause the laws relating to common schools, with the rules, regulations and forms aforesaid, and such instructions as he shall deem necessary, to be printed together, with a suitable index, in pamphlet form, by the person authorized to do the state printing, at the expense of the state ; and he shall cause the same to be distributed among the several school districts and other officers having the care of common schools throughout the state. To examine Sec. 59. He shall examine and determine all appeals duly and determine jnafje to him, from the decision of any school district meeting, or appeals, from the decision of any town superintendent in forming or al- tering, or in refusing to form or alter any school district, or con- cerning any other matter under the common school law of this state, and his decision thereon shall be final. To report. Sec. 51. He shall prepare in each year, a report to be submit- ted to the legislature, bearing date on the last day of December in such year, containing — "Wbiat to con- 1. An abstract of all the common school reports received by ^^"'^ bim from the sevei-al clerks of the county boards of supervisors. 2. A statement of the condition of the common schools in this state. 3. Estimates and accounts of expenditures of the school mon- eys. 4. Plans for the improvement and management of the com- mon school fund, and for the better organization of the common schools. And — 5. All such matters relating to his office, and the common schools of the state, as he shall deem expedient to communi- cate. To apportion Sec. 62. It sliall be the duty of the state superintendent, on Imoneys. or before the tenth of February in each year, to apportion the ^ amount of school moneys to be distributed in such year, among the several counties of the state, and the share of each county among its respective towi>s and cities ; such apportionment shall be made among the several towns and cities, according to the number of children in each, over the age of four and under the age of twenty years, according to the returns thereof as made to his office for the preceding year. The above section fifty-two wns amended by Ilia act approved March 3, 1852, which is now in force, as follows : COMMON SCHOOLS. 7 [Section 1. The income of the state fund for the support of When moneya common schools, which shall have been received up to the tenth *° ^^ distiib- day of March in each year, shall in this year and each subsequent year be distributed between the tenth and fifteenth days of March, among the towns and cities entitled to receive the same.] Sec. 53. He shall certify such apportionment to the treasurer of To certify ap- the state, and shall g-ive immediate notice thereof to the clerk of Poi"t'°"™entto 1,1? • L i- XI J. i- J treasurer and each county board of supervisors, statmg the amount apportioned j^^ notice of to his county, and to each town and city therein, and the time same to county when the same will be payable to the treasurer of such county, clerks. Sec. 54. The state superintendent shall have an office at Mad- Where to keep ison, where shall be deposited all papers and documents apper- ^^^ oflSce. taining to the business of his office ; and to which place commu- nications on the subject of common schools may be addressed to him. Sec. 55. Copies of all papers deposited or filed in the office of Copies of his the state superintendent of common schools, and all acts and de- P'lpers certifi- cisions of such superintendent may be certified by him ; and when ^^^^° "^ ®^' so certified, shall be evidence equally and in like manner as the originals. III. Chapter 10, Revised Statutes. OF THE BOARD OF COUNTY SUPERVISORS. Sec. 28. In addition to the ordinary powers and duties of the Speciil po'w- several county boards of supervisors enumerated in the prece- ers of county ding section, the following special powers are conferred upon "o^^'^- them, subject to such modifications and restrictions as the legis- lature shall from time to time prescribe, to wit : 4. To authorize the levying and collecting of taxes for specific purposes, in any town or school district, not exceeding one thou- sand dollars, when such town or school district is not authorized by law to levy and collect the same, or so large an amount. OF THE CLERK OF THE BOARD OF SUPERVISORS. Sec. so. Whenever the clerk of the board of supervisors of County clerk any county, shall receive from the state superintendent notice of ^-^ ^^® notice J.1 • /. 1 1 i 1 1- i •! i 1 • i-i ot apportion- the apportionment of school moneys to be distributed in tfie coun- ^y^Q^^^ and send ty, he shall file the same in his office, and transmit a certified copy to county copy thereof to the county treasurer ; and such clerk shall also treasurer, lay a certified copy thereof before the board of county supervi- sors, at their next annual meeting. Sec. 51. It shall be the duty of the clerk of the board of su- To inform^ pervisors, in each county, on the last Monday in December in ^^^^'^ supenn- 1 _Lx •.,,1 ,. -xij. x-c-j • tendent 01 ac- each year, to transmit to the state superintendent, certified copies ^^^ ^f county of all resolutions and proceedings of the board of supervisors of board con- 8 LAWS RELATING TO cerning school wlaich he is clerk, passed or had during the preceding year, rela- matters. ^j^g iq \\^q raising of any money for school purposes, and to re- port the amount to be raised in each town in said county. IV. Chap. 12, R. S. POWERS AND DUTIES OF TOWNS. Powers of Sec. 2. The qualified electors of each town shall have power electors at at any legal meeting thereof, to vote to raise such sum of money town meetings for the support of common schools, in addition to the amount re- quired by law to be raised, as they may deem necessary. * * OF TOWN BOARD. Board to audit Sec. 70. The said board shall also, at their annual meeting in town supeiiu- each year, examine and audit the accounts of the town treasurer, and the town superintendent of schools, for all moneys received and disbursed by them as such officers. * * * * tendents ac counts. COMPENSATION OF TOWN OFFICERS. ■p , . Sec 93. Supervisors, assessors, clerks of the polls, and super- superinteod- intendents of schools, shall be entitled to a compensation for eat. each day, actually and necessarily devoted by them to the ser- vice of the town, and in the discharge of any of the duties of their respective offices required of them by law, of one dollar a day each, and at the same rates for parts of a day. Chap. 15, R. S. OF THE ASSESSMENT AND COLLECTION OF TAXES. A„ ii V Sec. 43. The board of county supervisors, at their annual Amount to be . . , , ,, • "^ , ^ i i . ■ .i raised for meeting in each year, shall estimate and determme the amount schools by tax of moneys to be raised in each town and ward in their county, in towns. fQj. i\^q support of common schools therein for such year, which tax shall be levied and collected in each year, and shall not be less than one half the amount of school moneys apportioned to such town and ward by the state superintendent in his last appor- tionment of school moneys, nor shall the amount so raised for Limited. school purposes exceed three mills on the dollar in any one year, upon the valuations of taxable property in such county; every such determination for the raising of school moneys by the said board shall be recorded by their clerk, and the sum so determined to Determination ^^ I'^ised shall be assessed and collected for the use of common to bo recorded, schools in each town and ward in such county, in addition to any COMMON SCHOOLS. VP sum any such town or ward may have voted to raise for the sup- port of common schools therein. Sec. 44. Whenever there shall have been no distribution of Ho-w amount school moneys to any town or ward in any year, the county ^g^^jj^^^g^^^ board of supervisors shall, at their annual meeting in that year, ^i^en town has direct to be raised on the valuation of the taxable property in drawn no such town or ward, the same per centage or proportionable school moneys amount of taxes for the support of common schools therein, as P'eceding shall be required to be raised for that purpose m the other •' towns in such county. VI. Chapter 20, R. S. OF THE DISTRIBUTION OF THE INCOME OF THE SCHOOL FUND. Sec. 1. The income of the state fund for the support of com- When and to mon schools, shall be distributed annually, [between the tenth av hat counties and fifteenth days of March,] among the several counties in this Jl^ J^t^^buted! state, from which reports have been received by the state super- intendent, agreeably to law. Sec. 2. The treasurer of each county shall apply for and re- who shall ap- ceive of the state treasurer the school moneys apportioned to his ply for school; county, as soon as the same shall become payable. money. Sec. 3. Each county treasurer receiving such moneys shall County treasu- immediately give notice in writing to the treasurer of each city, rev to give no- and to the town superintendent of each town in his county, of '^''^^ '^^.'^™°"'?*^ ,, • •'^ 1 , , , -i 1 1 11 1 11 ii apportioned ta the amount apportioned to such town or city, and snail hold the g^^,]^ ^^^^ ^j^^ same, subject to the order of such city treasurer or town super- city. intendent. Sec. 4. In case the treasurer of any such city, or the town Money not superintendent of any such town, shall not apply for and receive f'j^^j .^^^h® such moneys before the next receipt of school moneys appor- amount next tioned to the county, the moneys so remaining with the county to be appor- treasurer shall be added to the moneys next received by him from tioned. the state superintendent, and distributed therewith, and in the same proportion, among the several towns and cities entitled thereto in such county. Sec. 5. Whenever it shall not appear from the certified state- When counties ment of the clerk of the board of supervisors in any county, made "ot entitled to to the state superintendent, that the amount required by law to be ^PP°' lo^^en raised for school purposes has been directed to be raised during the year by the board of supervisors of such county, the super- intendent shall not apportion any of the state school funds to such county, and in such case the moneys so withheld shall be added to the principal of the common school fund. 10 LAWS RELATING TO YII. AN ACT TO AMEND CHAPT. NINETEEN" OF THE REVISED STATUTES, AND TO COMPILE THE SCIIOOL LAWS OF WISCONSIN. Approved April 1, 1854. SCHOOL DISTKICTS. (_See JVotes A. and B.) Notice of for- SECTION 1. Whenever a school district shall be formed Ume°aud place ^'^ ^'0' ^owD, it shall be the duty of the town superintend- of first meet- ent, withiu twenty days thereafter, to prepare a notice in ing of school ■writiDO' of tlie formation of such district, describinfj its boundaries, and appointing a time and place for the. first district meeting, and to deliver such notice to a taxable ia- hahitant of the district. ■'•' Notice how Sec. 2. The towu superintendent sliall, in such notice, turned.'''''^ '^' fl'i'ect such inhabitant to notify every qualified voter of the district, either personally, or by leaving a written notice at his place of residence, of the time and place of such meeting, at least five days before the time appointed therefor; and it shall be the duty of such inliabitant to notify the voters of such district, agreeably to the require- ments of said ^lotice, and indorse thereon a return con- taining tlie names of the persons by him notified ; and said notice and return shall be recorded as a part of the record of the first meeting in such district.f Notice to be gee. 3. In case such notice shall not be given, or the nel'k'ct^to'^at-^"^^^''''^^^'^^^^^ '^^ ^ district shall refuse or neglect to assemble tend first or furni a district meeting, when so notified, or in case any meeting. school district having been formed and organized, shall afterwards be dissolved, so that no competent authority shall exist tliereiii to call a special district meeting in the manner hereinafter provided, notice shall be given by the town superinte .dent, and served in the manner prescribed in the preceding section.;}: * See Forms Nos. 1, 2 and 3. t Nos. 4 and 5. X No. G. COMMON SCHOOLS. 11 Sec. 4. Whenever a district meeting shall be calhsd in Duty of elec- tlie manner prescribed in the preceding sections of this ^oi'^- chapter, it shall be the dntj of the electors of the district to assemble at the time and place mentioned in' suck notice. Sec. 5. Every person shall be entitled to vote in any Who entitled school district meeting of this state, who is qnalified to to vote, vote at a general election lor state and county officers, and who shall have resided for the last ten days in the district where lie or tbey may offer to vote. Sec. 6. If any person oft'ering to vote at a school district Challenge and meeting, shall be challenged as unqualified by any legal proceedings voter in such district, the chairman presiding at such meeting shall declare to the person challenged, the quali- fications of a voter, and if such person shall declare that he is a voter, and if such challenge shall not be withdrawn, the chairman shall tender him the following oath or affir- mation : " You do solemnly swear (or affirm as the case may be) that you have been an actual resident of this school district for the last ten days, and that you are qual- ified according to law to vote at this meeting." And any person taking such oath or affirmation, shall be permitted to vote on all questions proposed at such meeting, but if any person shall refuse to take such oath or affirmation, his vote shall be rejected. Sec. Y. Every school district shall be deemed duly or- When district ganized when any two of the officers elected at the first deemed organ- t/ IZGQ legal meeting thereof, shall have consented to serve for the offices to which tbey have been respectively elected, by a written acceptance thereof filed with and recorded by the clerk; and. every school district shall be considered as legally organized after it shall hare exercised the fran- chises and privile2:es of a district for the term of two years. ^ Sec. 8. Every school district organized in pursuance of Districts to be this chapter, or which has been organized under any pre- ^°^^^^ corpo- vious law of the state or territory of Wisconsin, shall be a powers, body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of *' School district number (such number as shall be desig- nated by tlie town superintendent in the formation there- of) of " (the name of the town or towns in which the district is situate) and in that name shall sue and be sued, and be capable of contracting and being contracted with, * See Form No. 7. 12 LAWS RELATING TO and of holding such real and personal estate as is authorized to be purchased by the provisions of this chapter, and of sellino; the same. Annual meet- ing, •when held "WTien annual meeting not il- legal fur want of notice. Powers of an- nual district meeting. DISTRICT MEETINGS. Sec. 9. The annual meetino; of each school district shall be held on the last Monday of September in each year; the hour of such meethig shall be six o'clock in the afternoon, unless otherwise provided by a vote of the district, duly recorded, at the last previous annual meeting. Sec. 10. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was willful and fraudulent.* Sec. 11. The inhabitants qualified by law to vote at a school district meeting, when assembled at the first and each annual meeting in their district, shall have power — 1st. To appoint a chairman for the time being. 2nd. To adjourn from time to time as occasion may re- quire. 3rd. To choose a director, treasurer and clerk. 4th. To designate a site for a district school house. oth. To vote such tax on the taxable property of the dis- trict, as the meeting shall deem sufficient to purchase or lease a suitable site for a school house, and to build, hire, or purchase such school house, and to keep in repair and furnish the same with the necessary fuel and appendages. Gth. To vote a tax on the taxable property of the district of such sum as the meeting shall deem proper for the pay of teachers' wages in the district. 7th. To authorize and direct the sale of any shool house, site, or other property belonging to the district, when the same shall no longer be needful for the use of the district. 8th. To impose such tax as may be necessary to discharge any debts or liabilities of the district lawfully incurred. 9th. To vote a tax not exceeding twenty dollars in any one year for the purchase of globes, black boards, outline maps, or any apparatus for illustrating the principles of agriculture, chemistry, or the mechanic arts. 10th. To give such direction and make such provision as may be deemed necessary in relation to the prosecution or defence of any suit or proceeding in which the district may be a party or interested. ilth. To alter, repeal and modify their proceedings as occasion may require. * See Form No. 8. COMMON SCHOOLS. 13 Sec. 12. Special district meetings may be called by tlie Special mteet- clerk, or in bis absence by the director or treasurer, on the ed^^anj^tat" written request of any five legal voters of the district, and business may the inbabitants qualified by law to vote wlien lawfully as- transact, sembled at a special meeting, shall have power to transact tbe same business, as at tbe first and eacb annual meeting, except to choose district officers and to vote a tax. "" Sec. 13. Wlienever tbe time for liolding an annual meet- if election not ing in any district for tbe election of district officers shall lield at annual pass without sucb election being held, tbe clerk, or in case "pecila^meet^ of bis absence, either the director or treasurer last elected, ing called for witliin twenty days after tbe time of liolding such meeting that purpose, shall have passed, may notify a special meeting for sucb election in the manner prescribed in the twelfth and twen- ty-ninth sections of this chapter; but if such meeting shall not be notified within twenty days as aforesaid, the town superintendent may order any taxable inhabitant of such district to notify such meeting in the manner provided in this chapter for the formation of a new district; and the officers chosen at such special meeting shall hold their offi- ces until the time for holding the next annual meeting. f Sec. 1-1. No tax to be voted by a district meeting for Tax to build buiidino;, hiiino:, or purchasing a school house, shall exceed f^chooi-house 1 • not to GXCGGCl tbe sum of three hundred dollars, unless the town supenn- $300, except in tendent of the town in which the school house is to be sit- certain cases, uated, shall certify in writing his opinion that a larger sum ought to be raised, and shall specify the sum, in which case a sum not exceeding the sum so specified may be raised; and in districts composed of parts of several towns, the cer- tificate of a major part of the superintendents, of said towns shall be necessary for sucb purpose.:}: Sec. 15. The qualified voters, at each annual meeting, what voters may determine the length of time a school shall be taught may determine in their district the then ensuing year, which shall not be ^iJeti"'^'''; If less than three months, and whether such school shall be they neglect, taught by a male or female teacher, or both, and whether tiic board to the school moneys, to which tbe district is entitled from l^^l_ tbe common school fund and from the town, shall be ap- plied to the support of tbe summer or winter term of the school, or a certain portion to each; but if such matters shall not be determined at the annual meeting, the district board shall have power and it shall be their duty to deter- mine the same. * See Form No. 9. t Nos. 6 and 9. t No. II. 14: LAWS RELATING TO DISTRICT OFFICKRS AND THEIR DUTIES. (See Note C.) District offi- Sec. IG. The officers of each school district shall be a di- cers, how long j-gci^Qv treasurer and clerk, who shall hold their respective xo seiye. ^j, ' •ii i- i- ^^ • ^ • ^ otiices until the annual meeting next lollowiug tlieir elec- tion or appointment, and until tlieir successors shall have been chosen, but not beyond ten days after the time for holding the second annual meeting after their election or appointment, without being again elected or appointed. Any person present at a school district meeting at which he shall be elected one of the district board, shall be deemed to be notified thereof, and any person so elected, and not present, shall be notified thereof by the clerk of such meet- ing within five days thereafter ; and unless each person so HoTT notified elected and notified shall, within ten days after his elec- of their elec- i\q^^ f^ig ^rjj;}, \\^q clerk his refusal in writing to accept the deemed to ^ office, he shall be deemed to haA-e accepted the same; and have accepted, any person appointed to fill a vacancy shall file with the clerk his acceptance in writing before entering up^n the duties of the office to which he has been appointed.* DIRECTOR. Duties of di- g^c. 17. It shall be the duty of the director of each dis- rector. ^^-^.^ |.,^ sign, together with the clerk, all orders drawn by the clerk upon the treasurer of the district for moneys re- ceived by liim to be disbursed therein. f Ibid, Sec. 18. The director shall appear for and on behalf of the district, in all suits brought by or against the district, when no other direction shall be given bj^ the qualified voters of such district at a district meeting. TREASURER. Duties of trea- Sec. 19. It shall be the duty of the treasurer of each dis- surer. ivid to apply for and receive from the town superintendent, , all school moneys apportioned to his district, and pay over on the order of the clerk and director of such district all moneys so received by him.:}: His annual re- Sec. "20. The treasurer shall present to the district at each P°^''' annual meeting a report in writing, containing a statement of all moneys received by him during the preceding year, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor ; also . a statement of all taxes assessed upon the taxable property. * See Forms No, 1, 12, 13 and 24. t Form No. U. \ See Note 0. COMMON SCHOOLS. 15 of the district during the year, the purposes for which such taxes were assessed, and the amount assessed for each par- ticular purpose, which report shall be recorded by the clerk ; and if it shall appear that any balance of moneys To pay over is in the hands of such treasurer at the time of making balance of such report, he shall immediately pay over such balance "°"^^^' to his successor iu office. ■^''' Sec. 21. The treasurer shall within ten days after his To give bond^ election execute to tlie district a bond in double the amount otbetwise of- of money, as near as can be ascertained, to come into his '^^^^'^^^• hands, as treasurer during the year, with sufficient sureties, to be approved by the director and clerk, conditioned for the faithful discharge of the duties of his office ; and if he shall, fail so to do, his office shall be vacant.f Sec. 22. Such bond shall be filed with the clerk, and in whei-e filed case of any breach of the condition thereof, the director and how pros- shall cause a suit to be commenced thereon in the name of ^^^^®'^- the district, and the money, when collected, shall be ap- plied by such director to the use of the district, as the same should have been applied by the treasurer. Sec. 23. If the treasurer shall fail to give a bond as is re- when board quired in this chapter, or shall decline to accept his office, may appoint the said board shall appoint a treasurer, who shall possess '^^easm-er, all the powers of the district treasurer, and shall, before entering upon the duties of his office, give a bond to the district in double the amount of moneys to come into his hands, as near as can be ascertained, in the same manner and with the same effect as the district treasurer is requir- ed to give. Sec. 24. If such treasurer shall refuse or neglect to pay when treasu- over any balance remaining in his hands, it shall be the rer to prosecute duty of his successor in office to prosecute without delay prediceLor^ his official bond for the recovery of such balance. CLEKK. Sec. 25. It shall be the duty of the clerk of each district Duties of clerk to record the proceedings of his district in a book to be provided by the district for that purpose ; to enter therein copies of all reports made by him to'the town superintend- ent, and to keep and preserve all records, books, and pa- To teep re- pers belonging^to his office, and deliver the same to his cords. successor in office.:]: Sec. 26. He shall be clerk of the district board and of if absent from all district meetings when present, but if he shall not be tiistuct meet- * See Form 'Eo. 15. t No. 16, J See Note B. 16 LAWS RELATING TO ing electors to j^resent at any district meeting the qualified voters present appoint a clerk ^^^.^^^ appoint a clerk of such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the clerk of the district. To tire teacli- geg, 27. The clcrk shall contract with and hire qualified ^'^' teachers for and in the name of the district; which con- Contract to be tract shall be in writing, and shall have the consent of iu writing. either the director or treasurer, or both indorsed thereon, and shall specify the wages per week or month as agreed upon by the parties, and such contract so completed shall be filed in his office.* Board to pro- Sec. 28. The district board shall provide the necessary vide necessary appendages for the school house, and keep the same in sdlool hoult^ g<"^od condition and repair during the time a school shall be taught therein ; and they shall keep an accurate account of all expenses incurred by them, and present such account for allowance to the qualified voters at a regular district meeting; and the amount of such account as allowed by such meeting may be assessed and collected in the same manner as other district taxes, but no such account shall be allowed at a special district meeting unless the intention to present the same shall be specified in the notice for such meeting. Clerk to give ggg, 29. It shall be the duty of the clerk to give at least of^eacrannual ^^^ ^^J^ prcvious notice of every annual and special dis- and special trict meeting, by posting up notices therefor in four or more meeting. public places in the district, one of which notices shall be affixed to the outer door of the school house, if there be one in the district ; and he shall give the like notices for every adjourned district meeting, when such meeting shall have been adjourned for a longer period than one month; What notice of every notice for a special district meeting shall specify the iJg'^to^pecifj. objects for which such meeting is called, and no business shall be acted upon at any special meeting which was not specified in such notice. f Clerk to report Sec. 30. It shall bo the duty of the clerk, between the to town super- first and fifteenth days of September, in each year, to latendeut. make and transmit a report, in writing, signed by him to the town superintendent, dated on tlie first day of Septem- ber, in the year in which it shall be transmitted, showing :;}: Keport, what 1st. The number of children, male and female, desig- to show, nated separately, residing in the district on the last day of August previous to the date of such report, over the age of four, and under the age of twenty years ; • See Form No. 17. t Nos. 8, 9, 10. t No. 18. COMMOK SCHOOLS. , 17 2nd. The number attending school daring the year un- der the age of four, and the number over the age of twenty years ; 3rd. The whole number that have attended school during the year ; 4th. The length of time a school has been taught during the year by a qualified teacher, the name of each teacher, the length of time taught by each, and the wages paid to each ; 6th. The average length of time scholars over the age of four and under the age of twenty years, have attended school during the year ; 6th. The amount of moneys received from the town su- perintendent within the year, and the manner in which the same has been applied ; 7th. The amount raised by the district in such year, and the purposes for which it was raised ; 8th. The kind of books used in the school ; 9th. Such othei' facts and statistics in regard to the school and the subject of education as the state superin- tendent may direct. Sec. 31. It shall be the duty of the clerk to draw orders ciei-k to draw- on the treasurer of the district for money in the hands of orders oa trea- such treasurer, wliich have been apportioned to, or raised ^^^^''• by the district, to be applied to the payment of teachers' wages, and apply said moneys to the payment of such teachers as shall have been employed by him in the name of the district, and also to draw orders on said treasurer for moneys in his hands, to be disbursed for any other pur- Money, ho-w pose, for which the same shall have been voted by the dis- disbursed, trict, agreeably to the provisions of this chapter : Provid- ed^ said orders shall be signed by the director.* rSfec.'SS. The clerk of each school district shall furnish Clerk to fur- at the expense of the district, a school register in the form ^ish register, prescribed by the state superintendent, in which every ^^^''g^^^j^j]" teacher in the district shall be required to enter the names, tobedeix ages, and studies of all the scholars attending school and ed. daily, their attendance and absence ; which register shall be deposited with the clerk at the end of each term; and any teacher who shall willfully neglect, or refuse to comply with the requirements of this section, shall forfeit his or her wages for teaching in such district.f * See Form Ifo. 14. t JS'o. 19. 18 LAWS EELATING TO OF THE ASSESSMENT AND COLLECTION OF SCHOOL DISTIUCT TAXES. {Sec Note D.) District clerk Sec. 33. The clerk of eacli school district shall, on or tofiiinishtown jj^fQi-g the fourth Monday of November in each year, deli- verified state- ver to the town clerk in which the district is situated, a- mantof all statement in writing, veritied bj liis affidavit, showing the taxes Toted. j^niount of the tax or taxes voted to be raised at the last precedinfj; annual meeting, or at tlie first meeting after the; To furnish list organization of the district, or both, as the case may re- of persons and quire, together with a list of all persons and corporations iTaWe'tdtex. li'^^^'e to a school district tax therein. In case of a joint district he shall deliver to the town clerk of each town in Ho-wtopro- which any part of the district is situated, a statement so ceed in case of yei.ifie(j^ showing the proportion of the tax to be assessed jom IS uc . ^^^ ^j^_^^ p^^j. ^^. ^1^^ district within such town, together with a list of all persons and corporations, liable to a school district tax in that part of the district. Such proportion shall be ascertained from the valuations contained in the last assessment rolls of the respective towns ; and to en- able the district clerk to ascertain the same, the towo clerk of each such town, shall, on demand, at any time after he has received the equalized assessment roll of his To-wn clerk to town, deliver to the clerk of any such joint district, a cer- fieTstetement tilled statement of the valuation of real and personal pro- of value of perty in that part of such district lying within his town, aa property. i\^q game appears from said assessment roll.'''' Tax, how as- Sec. 34. The town clerk sliall assess such tax, or the due Bessed and col- proportion thereof, upon the real and personal property lected. liable thereto, placing the same in a separate column in the next assessment roll of his town, delivered to the town treasurer for collection, whenever such certificate of the district clerk shall be received by him in time therefor, al- though after the fourth Monday of November. And if fur any reason such tax shall not be assessed in the next assessment roll after the tax is voted, it shall be assessed in To vhom paid, that of the next succeeding year. The tax shall, in all respects, be collected or returned delinquent like other taxes, and when collected the money shall be paid over to the district treasurer. And whenever any part and not the "When part to "whole, of the taxes for all purposes assessed in the assess- l)«paid. ment roll to any person or corporation, or upon any real estate, shall be collected by the town treasurer, he shall pay over the due proportion of the amount collected by him to the district treasurer. » See Forms Nos. 20 and 21. COMMON SCnOOLS. J-W DISTRICT BOARD. (See Note E.) Sec. 35. The director, treasurer and clerk, shall consti- tute'distiS tute the district board. board. Sec. 36. They shall purchase or lease such a site for a Their powers school house as shall have been designated by the district, ^'^^ duties. ia the corporate name thereof, and shall build, hire, or pur- chase such school house out of the funds provided for that purpose, and make sale of any school house, site or other property belonging to the district, and if necessary execute a conveyance of the same in their name of office, when lawfully directed b)^ the qualified voters of such district at any annual or special meeting.'-^ Sec. 37. The said board shall have the care and keeping Tohavecareog' of the school house and other property belonging to the school hoHsa district, except so far as the same shall be especially con- fided to the care of the clerk, including all books purchas- ed by the district for the use of any children. Sec. 38. The said board shall have power to fill by ap- "^^len tofil pointment, an}'- vacancy that shall occur in their own num- [berr^owiT ber, within ten days after such vacancy shall occur ; and if number, asd, such vacancy shall not be filled within ten days as afore- '^^^o supena- said by said board, it shall be the duty of the town super- te^deut .sSiaJl. intendent to fill such vacancy by appointment.f Sec. 39. The district board may purchase, at the expense When board of the district, when families or guardians may not be "^^ P^^^ia^ able to furnish the same, such school books as in their for childres, judgment may be necessary for the use of any children attending school in their district, and they may include the amount of such purchase in any tax to be collected in such district. Whdt shall he Taught in Schools. Sec. 40. The board in each school district shall have Boardtodete- power, under the advice of the superintendent of public j"'°]?TH^ instruction, to determine what school and text books shall used, be used in the several branches taught in the school of such district. Sec. 41. In every district school there shall be taught, in ^^^* ^? H the English language, orthography, reading, writing, Eng- ScfschSofe" lish grammar, geography and arithmetic, during the time such school shall be kept, and such other branches of edu- cation as may be determined upon by the board. * See Forms Nos. 92 and 23. t See K"o. 24 20 LAWS RELATING TO TOWN SUPEKINTENDENT AND HIS POWERS AND DUTIES. (Ste Note F.) Townsnperin- Sec. 42. It shall be the duty of the town superintendent tendeuttogive of common schools, within ten days after he shall have "been notified of his election or appointment, to execute to the chairman of supervisors of his town, and tile with the town clerk, a bond with one or more sufficient sureties, to be approved by the said chairman of supervisors, by indorse- ment over his signature on said bond, with a x)enalty, as bond near as can be ascertained, of double the amount of all the school moneys to come into his hands during the term of liis office, and conditioned for the faithful application and legal disbursement of all such school moneys according to Condition of -^^^^5 ^^^ ^^^ ^^® faithful discharge of all the duties of his and how ap-' office ; and in case such bond shall not be executed, ap- j>rovodana proved and filed within the time prescribed in this section, the office of such town superintendent shall be deemed vacant.'^ Duties of town Sec. 43. It shall be the duty of the town superintendent Buperintend- in each town — ^^^ 1st. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter provided, 2nd. To describe and number the school districts, and to deliver the description thereof and numbers in writing, to the town and district clerk, immediately after the forma- tion or alteration thereof. 3rd. To apply for and receive from the county treasurer, all moneys apportioned for the use of common schools in his town, and from the treasurer of the town, all the mon- eys raised therein for the same purpose. 4th. To apportion the school nioneys received from the town and county treasurers, on the thiid Monday in March in each year, or as soon thereafter as he shall ]'eceive the same, to the several districts and parts of districts within the town, in proportion to the number of children residing in each, over the age of four and under the age of twenty years, as the same shall have appeared from the last annual reports of their respective clerks. 5th. To see that the annual reports of the clerks of the several school districts in his town, are made correctly and in due time. 6th. T(j sue for and collect in his name of office, all pen- alties and forfeitures imposed in this chapter, which shall * See Form No. 32. COMMON SCHOOLS. 21 be incurred bj any ofHcer or inhabitant of his town, and in respect to which no other provision is made. Sec. 44. It shall be the duty of the town superintendent, to make re- between the first and fifteenth days of October in each year, port, to make and transmit to the clerk of the board of supervi- sors of the county, a report in writing, bearing date on the first day of October in theyearof its ti'ansraission stating — * 1st. The whole number of school districts separately set what report, off within the town ; to contain. 2nd. The districts and parts of districts from which re- ports shall have been made to him or his immediate pre- decessor in office, within the time limited for that purpose; 3rd. The length of time a school shall have been taught in each of such districts or parts of districts, distinguishing what portion of that time the school has been taught by qualified teachers; 4th. The amount of public moneys received in each of such districts and parts of districts; 5tli. The number of children taught in each,' and the number of children over the age of four and under the age of twenty years, residing in each; 6th. The whole amount of moneys received by him or his predecessor in office, since the date of the last preceding report, distinguishing the amount received from the coun- ty treasurer, from the amount received from the town treas- urer, and from other sources, if any ; 7th. The manner in which such moneys have been ex- pended, and wdiether any and what part remains unex- pended, and for what cause ; 8th. The amount of money raised in the districts and paid for teachers' wages, in addition to the public money paid therefor; the amount of taxes raised for purchasing school house sites, for building, hiring, purchasing, repair- ing and insuring school houses ; fur fuel, for district libra- ries, or for any other purpose allowed by law, in the dis- tricts or parts of districts from which reports have been received by him, or his predecessor, since the date of the last preceding report, with such other information as the state superintendent may from time to time require. Sec. 45. No moneys shall be apportioned to any district Money not to. or part of a district, unless it shall appear, by the report be apportioned thereof, .that a school has baen taught therein, for at least "aii^lftThr^ three months during the year ending at the date of such months, and report, by a qualified teacher, and that all school moneys school fund " See Form No. 25. £3 LAWS KELATING TO Bsoney legally expended. library mo- Bey when not to be appor- tioced. Siffiperinteud- ent to keep ac- «re>aDt of rao- ney received sad expended, To render ac- eouiit to suc- cessor. To pay money isi successor. Saccessor to bsiug suit. Bnperintend- ent to have powers of a corporation. Pay of super- intendent. Apportion- aaent by su- received during that year from the school fund have been applied to the payment of the wages of such teacher; and no portion of the library money shall be apportioned to any district or part of a district, unless it shall appear from the last annual report thereof, that the library'' money re- ceived at the last preceding apportionment was duly ex- pended according to law, before the first day of September subsequent to such apportionment, and that such district has complied with the regulations established by the state superintendent in relation to district libraries. Sec. 46. The town superintendent, in each town, shall keep a just and true account of all school moneys received and expended by him during each year for which he shall have been chosen, and shall la}'' the same before the board of auditors of town accounts, at the annual meeting of such board in each year. Sec. 47. The town superintendent of schools in eacli town shall, within ten days after the termination of his office, render to his successor in office a just and true ac- count, in writing, of all school moneys received by him during the preceding year, and of the manner in which the same shall have been appropriated and expended by him; and the account so rendered shall be delivered by such successor in office to the town clerk, to be filed and recorded in his office. Sec. 48. On rendering such account, if any balance shall be found remaining in the hands of such town superinten- dent, the same shall be immediately paid by him to his successor in office. Sec. 49. Such successor in office shall bring a suit upon the official bond of any previous town superintendent, for the recovery, with interest, of any unpaid balance of school moneys that shall appear to have been in his hands on leaving his office, cither by the accounts rendered by such town superintendent, or by other sufficient proof Sec. 50. The town superintendent in each town shall have the powers and privileges of a corporation, so far as to enable him to take and hold any property transferred to him for the use of common schools in such town. Sec. 51. The town suj^erintendent shall be entitled to receive one dollar per day for every day actually and nec- essarily devoted by him, in his official capacity, to the service of the toM'n for M'hich he may be chosen, the same to be paid in like manner as other town officers are paid. Sec. 52. If, after the time when the annual reports of the school districts are required to be dated, and before the COMMON SCHOOLS. 23 apportionment of school moneys shall be made, a district perlntendent shall be duly altered, or a new district shall be formed in ^" p^se of di- the town, so as to render an apportionment, founded on tr'fcT 8nch annual reports, unjust as between two or more dis- tricts of the town, the town superintendent shall make an apportionment to such districts according to the number of children in each over the age of four, and under the ao-e of twenty 3^ears, ascertaining that number by the best evi- dence in his power. Sec. 53. AH moneys apportioned by the town superin- When moneys tendent, to any district or part of a district, which shall ^'^ ^'^^'^^'^^ to have remained in the hands of said town superintendent SmeT'" for one year after such apportionment, by reason of such district or part o^ district neglecting or refusing to receive the same, shall be added to \he moneys next thereafter to "be apportioned by such town superintendent, to the sev- eral districts and parts of districts in such town, and ap- portioned therewith. INSPECTION AND SUPERVISION BY TOWN SUPEKTNTENDENT. {See N(Ao G.) Sec. 54:. It shall be the duty of the town superintendent Teaobers, ho-w to examine annually all persons offering themselves as ^"^ V^^°°^ candidates for teachers of common schools in his town, ^^^™'"^'^' -in regard to moral character, learning, and ability to teach school ; and he shall deliver to each person examined and found qualified, a certificate signed by him in such form as shall be prescribed by the state superintendent ; which S-'mo?^' certificate shall be in force for one year from the date thereof, unless annulled within that time, and no person shall be deemed a qualified teacher within the meaning of this chapter who lias not such a cei'tificate in force. A cer- tificate granted by any town superintendent, as provided in this section, shall not be deemed a legal quahfication ofBy^^hom a teacher within the meaning of this chapter in joint granted in case school districts, except in cases where the school house is ^0"*^^^^ ^^' situated in the town for which the superintendent grantino- *"'^** the certificate was chosen.'^" . ° Sec. 55. The town superintendent may annul any such Mayanmiker- certifacate, given by him or his predecessor in ofiice, when^i^cate. he shall think proper, giving at least ten davs previous \ notice in writing to the teacher holding it, and to the dis- trict board of the district in which he may be employed, of his intention to annul the same. * See Form K"o. 2G. 24: LAWS RELATING TO Note to be Sec. 5G. The annulling of a certificate sliall not disqnal- made and filed, j^-^ ^j^^ teacher to wliom it was given, until a note contain- ing the name of the teacher, and the time when the- certificate was annulled, shall be made by the town su- perintendent, and filed in the office of the town clerk.* Re-examina- gee. 57. Tlie town superintendent, whenever he shall tion, when (leem it necessarv, may require a re-examination of all or may be. „ , , -^ ' . "{ . -'■ f ,-i /» any ot the teachers m his town, lor the purpose ot ascer- taining their qualifications to continue as such teachei's.' To visitsclaools Sec. 58, It shall be the duty of the town superintendent to visit all such common schools. Duties as visi- Sec. 5'J. At sucli visitation, the town superintendent ^^^- shall examine into the state and condition of such schools, both as respects the progress of the scholars in learning, and the good order of the schools, and may .give his ad- vice and direction to the district board, and to the teach- ers of such schools, as to the government thereof, and the course of studies to be pursued therein. OF THE FOKMATION AND ALTERATION OF SCHOOL DISTRICTS. {Sec Note H.) IToticeofin- Sec. GO. Whenever the town superintendent shall con- tentiou to alter ^gi^-,plr^^Q ail alteration of the boundaries of a school dis- eiven! ° trict, he shall give at least five days notice in wiiting to the clerk of the district or districts to be aftected thereby, stating in such notice the time and place when and where he will be present to hear and decide upon such proposed ■VVLomaycon- alteration ; and it shall be the duty of such clerk or clerks stitute board to immediately to notify the other mer^bers of the board. In divide. hearing and deciding upon the alteration of a school dis- trict, the district board of the district or districts to be affected by such alteration may apply to the chairman of the town board of supervisors and town clerk, to be asso- Action final clatcd witli the town superintendent, and a majority of •unless appeal- the board SO constituted shall be necessary to make any edfrom, change in the boundaries of a school district, and their action shall be final unless duly appealed from.f Townsiiperin- Scc. 61. Ill all cascs where an alteration of the bounda- tendenttogive pjgg ^f ^^ scliool district shall be made, the town superin- ation. " tendent shall, within three days thereafter, give notice thereof, by filing a copy of the order so altering the same with the clerk of the district or districts aflected by such alteration ; and no alteration of any school district, made without the consent of a majority of the district board * See Form No. 27 and Note G. t No. 28. / / COMMON SCHOOLS. 25 indorsed on such order, sliall take effect until three montlis after notice given as above speciiied, nor shall any alter- Alteration of ation of an organized school district be made to take ^ take effect. effect between the first day of December in any one year, and the first day of April following.''^ Sec. 62. When a new district is formed, in whole or in When new part, from one or more districts possessed of a school p[.operty°t^be house, or entitled to other property, the town superintend- divided, ent, at the time of forming such new district, shall ascer- tain and determine the proportion of the value of the school house and other property justly due to such new district.f Sec. 63. Such proportion shall be ascertained and deter- Ho\v division mined according to tho value of the taxable property of "'^ ®* the respective parts of such former district at the time of the division, by the best evidence in the power of the town superintendent; and such amount of any debt due from the former district, which would have been a charge upon the new, had it remained in the former district, shall be deducted from such proportion. Sec. 64:. Such proportion, when ascertained, shall be Proportion to raised and collected by tax upon the taxable properly of ^'^.J'^'f'^j' ^°5 the district, retaining the school house or other property of appUed. the former district, in the same manner as other district taxes are collected, and when collected, shall be paid to the treasurer of the new district, to be applied towards procuring a school house for such district ; and the money so paid to the new district shall be allowed to the credit of the taxable property taken from the former district, in reduc- tion of any tax that may be imposed on said taxable prop- erty, in the new district, for the building of a school house. Sec. 65. Whenever it shall be necessary to form a dis- trict from two or more adjoining towns, the superintendents Pi'oceedings ' of such adjoining towns shall meet together and form such foj-nied of parts district, and deliver the notice of such formation to a tax- of two or more able inhabitant of such district, whose duty it shall be to adjoining serve such notice, as provided in the second section of this °^°^' chapter, and the clerk of the district so formed shall make such report to the superintendent of each such adjoining town, of such part of said district as may be situate in such town, as is prescribed in the thirtieth section of this chapter; and any district so formed may be altered or regulated by the superintendents of such adjoining towns as may be deemed necessary.:}; * See Forms Nos. 29 and 31. t ITo. 30. X N'os. 2 and 3. 4: 26 LAWS KELATING TO WHEN APPEAL MAY BE TAKEN. In -what cases Sec. 66. Anj pei'son conceiving himself aggrieved in appeal may conscquencc of any decision made by any school district ^°' meeting, or by the town superintendent, in forming or al- tering, or refusing to form or alter any school district, or concerning any other matter nnder the provisions of this chapter, may appeal to the state superintendent, who ia hereby authorized and required to examine and decide the same, and such decision shall be final and conclusive: Provided^ however^ that the decision appealed from shall be operative until the state superintendent shall reverse or change the same. VALUATION AND EQUALIZATION OF PROPERTY. (Sec Note I.) Taxes, on what Sec. 67. All taxes raised and collected in any scJiool dis- eessed^*^ ^' ^^^^^' ^^^' ^"^ ^^ ^^^® purposes authorized by the i^rovisions of this chapter, except when otherwise provided, shall be assessed on the same kind of pro^terty as taxes fi;r town and county purposes are assessed. How assess- Sec. 68. Whenever any real estate in any school district nient made in shall not have becu separately valued in the assessment certain cases. ^,^^1 of the town, and tlie valuation of such real estate can- not be definitely ascertained from sucli assessment roll, the town clerk shall estimate the value of tlie same, in propor- tion to the valuation affixed in said assessment roll to the whole tract of Avliich such lot or piece of land forms a part. Equalization Sec. 69. AVlienever a school district embraces a part of of assessment jTiore than One town, the town superintendents of the toM'ns j\)mrdisTrict8.° ^° ^^^ P^^'*^ embraced, upon application of any three jiersons liable to pay taxes in such district, shall proceed to inquire and determine whether the valuations of taxable pi'operty in the assessment rolh of such towns are just as compared with each other in respect to such district, and if consider- ed not to be so, they shall determine the relative j^ropar- tion of taxes to be assessed upon the real estate of the parts of such district so lying in different towns, and shall certify the same to the town clerk of each town, and if re- ceived b}^ him previous to making out the assessment roll for that year, he shall assess the school district tax accord- ing to such equalized valuation. In cases where tvs''o su- perintendents cannot agree as to such valuation, they shall summon a superintendent from an adjoining town, who shall unite in such inquiry and determination. COMMON SCHOOLS. 27 Duty of Town, Cleric. Sec. YO. It shall be the duty of the town clerk to receive Town ckrlc to and keep all reports made to the town superintendent, from j^g^cTrds^rc^' clerks of school districts, and all books, maps, and papers belonging to the town superintendent when recpiired, and file them in his office ; and he shall record, in a book kept for that purpose, such description of school districts, and organization or alteration thereof as shall be transmitted to his office bj the town superintendent. DUTIES OF THE CLERK OF THE COUNTY BOAED OF SUPERVISOES. {See Note J) Sec. 11. It shall be the duty of the clerk of the county To preserve board of supervisors in each county to receive all docu- documents, ointment by the town superinten- dent, and notice served on all the qualified voters of the district, at," tfec] A. B. was chosen chairman, and C. D. was present as district clerk, \orf if the clerk is not present, say, "the clerk being absent, R. S. was chosen clerk, pro tem."^ Then enter the proceedings in the form of resolutions, and stat j wheth- er adopted or rejected, and the names of every person voting for and against any resolution, if the ayes and nays are called. By section 15 the qualified voters, at an annual meeting, may determine the length of time a school shall be taught, whether by a male or female teacher, the application of public money, &c. ; but if the meeting does not direct the board in these matters, it becomes their duty to act the same as the district might have acted. It must be borne in mind that none but the annual meeting can direct the district board in these matters, though a special meeting may advise and recommend. The board are authorized to hire a teacher for three months, even though the district vote that they will have no school. It is desirable and important that schools should be taught in every district in the state throughout the year, with the exception of the usual vacations ; but as this is impossible in a great majority of districts, there should be at least two terms, one commencing on the first of May, and tlie other on the first of November, thus accommodating a class of schol- SCHOOL LAW. 51 ars who are necessarily engaged in agricultural or other pursuits, and unable to attend school during the summer months. i ill ■ivjl '-: I^OTE C. {See from Sections 16 to 3 2, inclusive.) DISTRICT OFFICERS AND THEIR DUTIES. The officers of a school district are a director, treasurer and clerk, who constitute the district board, and a majority of the members thereof is sufficient to give validity to any act of theirs as a district board. They hold their respective offices until the annual meeting succeeding their election or appointment, and until their successors are elected and quali- fied, but not to exceed ten days beyond the second annual meeting after their election. The manner of calling a special meeting to elect district officers when the annual meeting has passed without an election, has been considered in Note B. District officers are not required to file a written acceptance with the clerk, except at the organization of a district, and when an appointment has been made to fill a vacancy. The clerk of the meeting, at which offi- cers were elected, is required to notify the persons elect who were not present at the time of their election, (See Form No. 12 ;) and unless each person so elected and notified, shall, within ten days after his election file with the clerk his refusal in Avriting to accept the same, he shall be deemed to have accepted the office, (See Form No. 13.) A person ap- pointed to fill a vacancy (See Form No. 24,) must file a written accept- ance. (See Form No. 7.) It is the duty of the director to sign all orders drawn by the clerk on the treasurer, (See Form No. 14,) or the treasurer is not required to par them. But the director is expected to see that the orders drawn bv the clerk are legitimate and proper, and contemplate no illegal or unauthor- ized disbursement of public money. TREASURER. The office of treasurer is vacant unless the person elected qualifies with- in ten days, by filing his bond, duly approved by the director and clerk. (See Form. No. 16.) The duties of treasurer are far less onerous than formerly, as he is not now required to collect school district taxes; but he is required to keep account of all money received by him during 52 NOTES ON THE the year, and of all money disbursed by him, with the items of such dis- bursements, which must be embodied in a report to' the annual meeting, accompanied with vouchers for money paid out. (See Form No. 15.) The treasurer should be careful to keep a minute and correct account of every transaction of his office, and preserve the vouchers for all money paid out. A mere exhibition of vouchers by the treasurer to the meeting is not all that is required by the law. Each item of his account must be particularly and fully set forth and reported to the meeting, that it may be recorded by the clerk. The finances of the district are always a matter of solicitude to those interested, and a very little attention on the ■ part of the treasurer will enable him at all times to satisfy any one of their true condition, and inspire confidence in his report by convincing them of its correctness. The treasurer is liable on his bond for any mal- feasance in office, or for refusing to pay any balance that may be 'ia ^his- hands to his successor. >Wf!rri; '.dj i^-ubfr ?inoi7lo It is the duty of the treasurer to apply to the town superintehdetifr for> the school money due his district as soon as the same becomes payable, and give his receipt therefor to that officer, that he ihay be able to make his annual settlement with the town board of supervisors. The form of such receipt may be as follows : Received of A. B., town superintendent of schools of the town of , the sum of dollars, being the amount of school money apportioned to school district No.' k'' , of said town, by said town super- intendent, for the year 185 — . • '' ■'^" Dated, &c. F. S., Treasurer of school district No. — , of the town of . CLERK. ' The duties of the clerk are particularly specified in the law, which are . generally to keep all the records of the district in a book provided for that purpose. To aid him in the discharge of his duties the necessary forms accompany these notes. If not present at a district meeting, it is his duty to record the proceedings thereof when certified to him by the . clerk of the meeting. It is the duty of the clerk to hire. qualified teachers ; but as a contrac^^ made by him without the consent of either the director or treasurer, or . SCHOOL LAW. 53 "b&th, is liot binding upon the district, it becomes necessaiy for the clerk to consult with the other officers before the contract with the teacher is com- plete. If the officers would on every occasion consult with each other on all matters left to them by the district or imposed upon them by law, there would be no occasion for any rnisconception of the views and feel- Mgs of each other ; and it would be a preventive of the difficulties arising, in school districts, that sometimes result in destroying the usefulness of the school and prostrating the energies of the district. The clerk is not authorized to hire any but qualified teachers, and if the board would invariably insist that the applicant should produce the necessary certificate before the contract is made, it would also prevent much trouble ; for a contract made with a teacher who is not qualified, is not binding upon the district, and the district board make themselves individually liable to pay the teacher. (For form of contract see No. 17.) The contract should be filed with the district clerk, and a duplicate furnished to the teacher. "■'■'There is a diversity of opinion and practice in relation to the word, ■"month" when applied to schools; but general usage has determined a school week to mean five and one-half days, and a month twenty-two days ; allowing the teacher to close the school during the afternoon of each Saturday, or teach all day every other Saturday as may best suit tli>e convenience of the scholars. From long established and time-honored usage, schools may be closed, without loss of time to the teacher, on days which it is customary to ob- serve as holidays, among which may be enumerated the fourth of July, Christmas, New Year's, and the da)^ set apart by the Executive as a day of thankso-ivino'. Section 30 makes it the duty of the clerk, between the first and fifteenth of September in each year, to make and transmit a report in writing, signed b)^ himself, to the town superintendent, dated on the first day of September of the year in which it shall be transmitted. The facts required to be reported by the clerk are those contained in section 30 of the school law and the twenty-second library regulation, to- gether with some others, all of which are provided for in Form No. 18. The blanks are filled for the sake of example. When there is nothing ta be reported, a cipher should be placed opposite the heading. ^^'' '■''>'-> . The clerk is required to draw all orders on the treasurer. (See F6fltt^ 54 NOTES ON THE No. 14.) It is tlie duty of the clerk to furnish a school register, at tte expense of the district, for the use of the teacher, in which shall be en" tered the names, ages, studies, attendance and absence of all scholars attending school. As it is impossible for the clerk to report to the town superintendent some of the facts required to be reported, unless this re- gister is kept, it is important that the clerk should furnish such register to the teacher, and his willful neglect or refusal to make the requisite entries will cause a forfeiture of wages. (See Form No. 19.) NOTE D. {See Sections 33 ami 3i.) OF THE ASSESSMENT AND COLLECTION OF TAXES. On or before the fourth Monday of jSTovember in each year, the district clerk is required to deliver to the town clerk a statement in writing, ver- ified by his affidavit, showing the amount of taxes voted to be raised at the last preceding annual meeting, and at the first meeting after the or-, ganization of the district, or both as the case may require, together with., a list of persons and corporations liable to a district tax. (See Form No. 20.) ,, In making up a list of the corporations liable to tax, the clerk will bears in mind that by the act of April 1st, 1854, railroads and plank roads are exempt from all but a state tax, and that only the real property of any bank or banking association can be taxed for school purposes. All other property is liable for school tax the same as for other taxes. In case of a joint district, the clerk will ascertain the proportion to be raised in each part of such district, and deliver a statement and list to the town clerk of each town in which any part of the district is situated. (See Form No. 21.) To enable him to furnish this statement, the towa clerk of each town is required, on demand, to deliver a certified state- ment of the real and personal property of that part of the district lying "within his town, to the district clerk. The town clerk is required by law to deliver the tax roll to the collec- tor on or before the second Monday of December, and if the district clerk should neglect until that time to deliver the requisite statement to the town clerk, the tax can not be collected until the following year. SCHOOL LAW. 55 Upon delivery to him of such statement, the town clerk must give to the district clerk a certificate that he has received the same, stating the amount of the tax, and time when received, which must be filed in the office of the said district clerk. NOTE E. {See Sections 35 io 41 inclusive.') DISTRICT BOARD. It is made the duty of the district board to purchase or lease such a site for a school house as shall have been designated by the district, (See Form No. 22,) and to build, hire, or purchase such school house out of the funds provided for that purpose. (See Form No. 23.) As these are important duties imposed upon the district board, it is neces- sary that their authority to act in the premises should be clearly and distinctly shown upon the records of the district. When the district board are required to execute a conveyance of a school house site, the same form of a deed may be used as in No. 22, except that the party of the second part becomes the party of the first part, and the signatures of the board are to be made in the same manner as in the form given of a lease. If the district board remove a school house, buy a lot for a site, or do any other act which they are not by law authorized to do without a vote of the district, it is at their own peril. The voters of the district may ratify their proceedings at a subsequent meeting, but if they do not choose to do so, the district board are without remedy. "Section 28 requires the district board to provide the necessary append- ages of the school house. Of their expenses in so doing they must keep an accurate account, and present the same for allowance at the annual meeting. This general power to furnish necessary appendages must not be construed to warrant the district board in incurring more than the usual and ordinary expenses necessary to keep the school house in good repair, supplied with fuel and such appendages as are ordinarilj found in and necessary to the usefulness of a school. A black board is considered an indispensible appendage to a school room, and may be pro- vided by the district board. All extraordinary expenditures should be authorized by a vote of the district. $6 NOTES ON THE The district board have the care and keeping of the school house and otter property belonging to the district ; and in the exercise of this care, their first object should be to secure the school house for the use for 'which it was built, without any interruption or embarrassment to the school, or any damage to the property. This being done, it is compe- tent for the district who are the owners of the school house, to permit it to be used for any moral, literarj', or useful purpose. The district board are authorized to purchase, at the expense of the district, such school books as are necessary for the use of those children attending school whose parents or guardians are unable to furnish them. This duty should never be neglected by the board, and they should promptly furnish books to such children, when informed by the teacher that they are in need of them. WHAT SHALL BE TAUGHT IN SCHOOLS TEXT BOOKS. The law requires orthography, reading, writing, English grammar, geo- graphy and arithmetic, to be taught in every district school. The district board may determine what other branches shall be taught. The only authority to determine what text books shall be used in schools is vested in the district board. This power should be exercised in every district, and with the two-fold object of securing uniformity of text books, and the works of the best authors. The necessity of uniform text books is so apparent to every one, that it seems unnecessary to urge upon the district board the important relation it bears to the success and efficiency of the school. There can be neither order, classification nor sj^stem, in a school without such uniformity, for it compels the teachers to divide the pupils into as many classes as there are kinds of books, so that the time that might have been devoted to a careful and deliberate hearing of a Class of ten or twelve, where all could have improved by the teachings and corrections of the instructor, is almost wasted in the hurried recita- tions of as many pupils in separate classes ; while in large schools some must be wholly neglected. The teacher will thus satisfy neither himself, his scholars or their parents. Recommendations have been made by this department of suitable books to be adopted and used in schools ; but as in many instances it is impossible to obtain them, let the district board consult with the teacher and town superintendent, and any other persons informed and interested upon educational matters, and determine what books shall be used. SCHOOL LA.W. NOTE F. TOWN SUPERINTEIirDENT HIS POWERS AND DUTIES. {See sections 42 to 53 inclusive.) Many of the duties of town superintendents of schools have been con- sidered in connection with other subjects, and are particularly defined in the sections referred to at the commencement of this note. By section 44 it is made his duty, between the first and fifteenth of October in each year, to make and transmit to the clerk of the board of supervisors of his county, a report in writing, bearing date on the 1st of October, of the year of its transmission. Such report must be made up- on all the particulars specified in said section and the twenty-third libra- ry regulation, with some additional ones, which will be found in Form "No. 25, according to which the report must be made. The law makes it the duty of the town superintendent to see that the annual reports of the district clerks are made correctly and in due time. A little attention to "the reports of the clerks at the time they are made, will enable him to •submit a complete report to the clerk of the board of supervisors. Dis- trict clerks and town superintendents are particularly and urgently re- quested to make full and accurate reports upon each subject upon which information is asked. The town superintendent is entitled to one dollar per day for every day actually and necessarily devoted by him to the dischai-ge of his du- ties as such officer. This provides for time spent in examining teachers, visiting schools, making reports, forming or altering school districts, and the performance of all other duties required of him by law. He can not receive fees under any circumstances. His account for ser- vices must be presented to the town board, and paid out of the town treasury, and not from the money raised by the town for school purposes. Whenever a school district is divided and a new district formed, after the annual report of the district clerk has been made, and before the ap- portionment of school moneys by the town superintendent, he shall ap- portion to such districts according to the number of children in each over the age of four and under the age of twenty years. That is, if the dis- trict before it was divided had eighty scholars between four and twenty years of age, and twenty were set into the new district, he will apportion the money in the proportion of twenty to sixty, and not according to the whole number of children that may be found in the new di^rict. 58 NOTES ON THE NOTE G. (See Sections 54 to 59, hielusive) EXAMINATION OF TEACHERS, AND ANNULLING CERTIFICATES. The town superintendent is required, by law, to examine all candidates for teaching, in regard to moral character, learning and ability ; and if found qualified, he shall deliver to such person a certificate in the form prescribed by the state superintendent. (See Form No. 26.) The town superintendent may, if he shall think proper, limit the cer-j tificate to a single district, but it must remain in force for one year, un- less annulled. But if the candidate is found deficient in either of those three important requisites, a certificate should be refused. The law con-,, ' templates a formal examination of the qualifications of candidates which should be extended to all the branches requii-ed to be taught in common schools, and to the method of instruction. The duties and power thus confided to the town superintendent are most important and involve great responsibility, and upon their proper fulfillment, in a great degree, depend the elevation and improvement of the district scliools. He should discharge his duties in this as in all oth- er respects, without "fear, favor, affection, or hope of reward," with no other object in view than the best interests of the schools under his su- pervision. ANNULLING CERTIFICATES. If complaints are made against a teacher, by any person concerned, to the town superintendent, it is his duty to inquire into the cause of such complaints. If it is his intention to annul the certificate of such teacher, he must give ten days notice in writing to the teacher and to the district board, of such intention ; and should state in such notices the complaint or charges made. A day for hearing the charges made against the teacher should be appointed by the town superintendent, if desired by either the teacher or the district board, which will afford a fair opportu- nity of arriving at the truth of the allegations. If the complaint is that he has not sufficient qualifications, he should have an opportunity for a re-examination ; if on account of his mode of instruction or school govern- ment, the superintendent should visit the school and ascertain the truth. But in no cas^ should the town superintendent exercise this power iu an SCHOOL LAW. 59 arbitrary manner, nor unless he is satisfied of the truth of the charges preferred, or of his incompetency to teach the school. For Form of note- annulling teacher's certificate, see No. 27. INSPECTION OF SCHOOLS. It is the duty of the town superintendent to visit all common schools within his town. Section 59 particularly points out his duties as such visitor, and they should not be neglected. He should visit each school at least twice each term, or oftener if circumstances require, and should ad- vise with the teachers, officers and others, upon all matters pertaining to the school, or the. affairs of the district. All teachers will bear witness of the happy influence of frequent visitation of schools, not only by school officers, but by parents, and all persons who have children in the school room under their guardianship. " The teachers and scholars feel that they are not abandoned to neglect ; the apprehension of discredit will stimulate them to the greatest effort ; while the friendly suggestions of the visitors will tend constantly to the improvement of the schools, and they will themselves be more and more enabled to recommend pro- per measures from their better acquaintance with the subject." NOTE H. OF THE FORMATION AND ALTERATION OF SCHOOL DISTRICTS. {See Sections GO to 63 inclusive.) The method of proceeding in the formation of school districts has been considered in Note A. Section 60 provides that whenever the town superintendent contemplates any alteration in the boundaries of a school district, he shall give five days notice to the clerk of each district to be affected thereby, of the time and place he will be present to decide upon such proposed alteration. (See Form No. 28.) The district clerk will immediately notify the other members of the board, which may be done by giving them a copy of the notice served upon him. The district board may apply to the chairman of the town feoard of supervisors and town clerk, to be associated with the town superintendent ; and when such board is constituted, it requires a major- ity to make any change in the boundaries of the district. In all cases of alteration of the boundaries of a school district, ■whether with or without the consent of the district board, it is the duty 60 NOTES ON THE of the town superintendent to immediately notify the town clerk, and the' clerk of each district affected by such alteration. If the district board consent, notice may be given to the district by filing a copy of the order altering the district, Avith such consent endorsed thereon, with the dis- trict clerk. If they I'efuse their consent notice may be given according to Form No. 29. When the consent of the district board is given, the alteration takes effect from the time of filing the notice with the district clerk, unless otherwise specified in the order. Notice may be given to the town clerk by delivering to him the order making the alteration, and also stating when such order will take effect. A conditional consent can not be received from a district board ; it must be given without any express or implied condition, and to the specific al- teration made in the order. For Form of order altering boundaries of a district, and consent of district board, see No. 31. Alterations in the boundaries of a joint district must be made by the concurrence of the town superintendent of each town in which any part of the district is situated, and notice thereof must be given to the clerk of each such town. DIVISION OF PROPERTY ON THE FORMATION OF A NEW DISTRICT FROM AN ORGANIZED DISTRICT. Whenever a new district is formed wholly or partially from the terri- tory of a district possessing a school house or other property, it is the duty of the town superintendent at the time such formation takes effect, to ascertain and determine Avhat proportion of the value of such property the new district is entitled to. This amount must be ascertained by first determining the real condition of the district at the time of the division, by adding to the value of the school house the value of all other proper- ty, including the school house site, librar}^ apparatus and money in the treasury ; and from the aggregate deduct the amount of all debts due from such district. The new district is entitled to such proportion of that balance as the taxable property set off from the old district bears to- the whole amount of taxable property before the division. For instance, if the old district contained ^8,000 of taxable property, and ^2,000 was set into the new district, such new district is entitled to one-fourth of the value of the property retained hj the old district. Having determined the amount to which the new district is entitled, the town superintendent must make an order (see Form No. 32) directed^ \ SCHOOL LAW. 61 to the district board of the district retaining the school house, &c., re- -quiring such district to levy and collect the amount awarded to the jie^y district, and pay the same to the treasurer thereof. u . ,;■ This division of property'- can be made only when a neto district is formed, and not when the boundaries of organized districts ai-e merely altered by the transfer of territory from one to another. By section 96 it is made the duty of the town superintendent to make a map of all the school districts in his town, before the first Monday of September next, and file it with the town clerk ; and within the same time to furnish a map of each district to the clerk thereof. After said first Monday of September it is his duty to mark each alteration made upon the ing,p in. the possession of the town clerk, and upon thexsiap of each dis- i^rict, that may be altered. It is but little trouble to make these maps and note; upon them the different changes made^ and the town superintendent should not fail to discharge his duty in this respect, as such maps are in- dispensible inmany instances where frequent changes are made, and are aj^ays convenient. NOTE I. "■' • "'"VALUATION AND EQUALIZATION OF PROPERTy. TOWN CLERK. {Sections 67, 68, 69 andlQ.) School taxes are assessed upon the same property as taxes for town and county purposes. Whenever, a tract of land has been assessed as a whole, or an ao-o-re- gate valuation has been placed upon the entire tract, and such land lies in different school districts, section 68 authorizes the town clerk to estimate the value of these different parts lying in different districts, for the pur- pose of school district taxation. As the assessments of adjoining towns frequently differ in the relative valuation of property, causing unequal taxation in joint school districts, the superintendents of the towns in part embraced by a joint district, are authorized, upon application of any three tax payers of the district, to determine the relative proportion of taxes to be assessed upon the real estate of the parts of such district. They shall certify their determina- tion to the town clerk, who is required to assess the school tax of such district for that year, according to such determination, if received io, time. 62 NOTES ON THE The town clerk is required to record in a book to be kept for tbat pur- pose, a description of all school districts within his town, and each alter- ation thereof ; and he shall keep all reports, books, papers, maps, &c., belono-ing to the town superintendent, when requred by liim, NOTE J. CLERK OF THE COUNTr BOARD OF SUPERVISORS. (^Sedions 71, 72, 73.) The clerk of the county board of supervisors, is required, on or before the tenth day of November in each year, to transmit to the state superin- tendent a report in writing, setting forth the whole number of towns in his county, distinguishing those from which the required reports have been received from the town superintendents, and containing an abstract of their reports. The clerk of the county board of supervisors is request- ed to report upon some additional particulars, not reported upon by the town superintendents, all of which will be made according to Form No. 33. He is also required to deliver to the county treasurer, on or before the 10th of November in each year, a written statement of the whole number of cbidren over the age of four, and under the age of twenty years, re- siding in each town, as shown by the reports of the town superintendents. The attention of the clerk of the board of county supervisors is direct- to the provisions of section 51, chapter 10, sections 43 and 44, chapter 15, and section 5, of chapter 20, of the Revised Statutes. No portion of the income of the school fund can be apportioned to any town or city, unless such town or city has raised for school purposes, a sum of money equal to one-half the amount received from the state at the last previous apportionment. The law requires the county board of supervisors, at their annual meeting each year, to estimate and determine the amount to be raised in each town and citi/ for school purposes. It is not sufficient that the ag- gregate directed to be raised in the county is equal to one-half the amount received by the county at the last apportionment ; but it must appear from the certified statement of the clerk of the board of supervisors made to the state superintendent that each town and city has been directed to raise an amount equal to one-half that received the March previous, or school money cannot be apportioned to such towns and cities, under the provisions of the constitution. F E M S. No. 1. Form of notice^ to he given J>y the Tovm Superintendent to the Town Clerk,, of the formation of a new school district. [See Sections 1, 43.] To the Town Clerh of the town of . I have this day formed a new school district in the town of , to be called "School District No. of ," of which the following is a description : [Here mention the sections and parts of sections, or other sub- divisions of which such district is composed, or describe the boun- dary.] Such formation will take effect on the day of , 185—. Dated this day of ■ 185 — . [Signed] A. B., Town Superintendent of Schools of the town of , No. 2. Form of Notice,, to le given hy the Town Superintendents to the Town Clerks,^ of the formation of a joint school district. [See Sections 1, 43, 65.] To the Town Clerk of the Town of . We have this day formed a new joint school district, composed of a part of the towns of and , to be called " Joint 64: rOKMS. School District jSTo. of and ," of which the fol- lowing is the description : [Here mention the sections and parts of sections, or other sub- divisions of which the district is composed, or describe boundaries.] Such formation will take effect on the day of , 185 — . Dated this day of , 185 — . [Signed] A. B. Town Superintendent of Schools of the town of . E. F. Town Superintendent of Schools of the town of . NoU. — In case the district ii composed of parts of more than two town?, of course the form inu?t be changed to correspttnd, and the notice given to the clerk of each town in which any part of the district so formed is situated. Is^o. 3. Form of Notice of thefrst meet lag of a School District^ to te de- livered l)y the Town Sitpermte7ide>it to a taxahle inhabitant of the district. [See Sections 1, G5.] To A. B.^ taxaljJe inhabitant of school district No. , of » The town superintendent of schools of the town of , having formed, on the day of ,185 , a new district in said town, called " school district No. , of ," of which the following is a description \TIere describe the district as in Form JSfo. 1]. You are hereby directed to notify every quali- fied voter of said district to attend the first meeting thereof, which is hereby appointed to be held at the house of , in. said district, on the day of — , 185 , at o'clock in the noon, by reading this notice in the hearing of each such Yoter ; or in case of absence from his place of residence, by leaving thereat a written notice of the time and place of such FORMS. 65 meeting, at least five days before the time appointed for such. meeting. Dated at , this day of ,185 . [Signed] A. B., Town Superintendent of Schools, of the town of . Note. — If it is a joint district, the notice must be signed by the superintendent of each town in which any part of the district lies. :n'o. 4-. Form of Notioe of first meeting to he left at the residence of a voter when cibsent. [See Sections 2, 65.1 To a. B. :— By direction of the town superintendent of the town of ■ — , you are hereby notified that the first meeting of school district ISTo, , of , recently formed, will be held at the house of ■ , in said district, on the day of , 185 , at • o'clock in the — '■ — noon. Your attendance is requested. Dated this day of 185 . [Signed] G. H., Person ajypointecl to give notice. 1^0. 5. Form of ret^irn to he indorsed upon notice received from Town Superintendent on the formation of a School District. [See Sections 2, 65.] I hereby certify that I have notified the following named persons ■ \_IIere give the names in full.'] personally, and the following named person [^Ilere insert nmnes.l by copy, according to the direction of the within notice. Dated this day of — ,185 . [Signed] G. H., Person appointed to give notice. ,66 FORMS. No. 6. Form of X^otice of a meeting of a School Dutric t, to he delivered hy the Town Saperintendent^ to a taxable inhabitant, in case there is no officer to call a meeting. [See Section 3.] To A. B., a taxable inhabitant of school district No. — , of : You are hereby directed to notify every qualified voter of school district No. , of , to attend a meeting thereof, which is hereby appointed to be held at the house of , in said dis- trict, on the day of , 185 , at o'clock'in the noon, by reading this notice in the hearing of each such voter, or, in case of absence from his place of residence, by leaving thereat a written notice of the time and place of such meeting, at least five days before the time appointed for such meeting. The follow- ing is a description of said district : [Here describe the district as in Form Wo. 1.] Dated this • day of 185 . [Signed] A. B., Town Superintendent of Schools, of the town of . No. 7. Form of acceptance of office ly District Officers, to'be filed with the district clerk. [See Section 7.] I hereby signify my acceptance of the ofiice of '^of school district No. , in the town of , to which I have been elected. [6>r if appointed, say, " to which I have been appointed to fill a vacancy."] Dated this day of 185 — . [Signed] G. H. FORMS. '6T- No. 8. Form of Notice of Annual District Meeting. [See Sectious 10, 29.] Notice is hereby given to the qualified electors of schoor district' No. , of the town of , that the annual meeting of said district for the election of officers and the transaction of other bu- siness, will be held at on the day of September, pAa last Monday of Sejytem'ber] at 6 o'clock in the afternoon, \imUsa- some other hour was determined uj)on l)y the district at the lasi' previous annual meeting.J Dated this day of , 185 — . [Signed] C. D., District Clerk. No. 9. Form of Notice of Special District Meeting. [See Sections 12, 29.] Notice is hereby given to the qualified electors of school district No. in the town of , that a special meeting of said dis- trict will be held at , on the day of , 185 — , for the following objects. {Here jparticularly specify each item of lyusiness to he acted upon.'] Dated this ■ day of , 185 — . [Signed] C. D., District Clerks No. 10. Form of Notice for an Adjourned District Meeting., when sucA meeting has heen adjourned for a longer period than one m^ontA^. [See Section 29.] Notice is hereby given, that a meeting of the qualiiied electora.- of school district No. in the town of , will be held at. FORMS. , in said district, on the day of , 185 — , at — o'clock in the noon, pursuant to adjournment. Dated this day of • , 185 — . [Signed] C. D., District Olerk. No. 11. ., b Form of Certificate to he given hj the Town Superintendent in cases where a larger sum than $300 is necessary to huild a School House. [See Section 14.] I hereby certify that it is'my opinion that the sum of • dol- lars should be raised in school district I*^o. of the town of , for the purpose of building [Jiiring or iyurchasing'\ a school house for said district. Dated this day of , 185—. [Signed] A. B., Town Superintendent of Schools of the town of . ]}[ote. — In case of a joint district, the certificate should be made and signed by a majority of the superintendents of the towns in which such district is siluated. iS^o. 12. Form of Wotla to le given hy the Clerh of a School District Meeting, to the Officers elect %cho were not lyresent at the meeting. [See Section 16.] To . : You are hereby notified that at a meeting of school district IsTo. in the the town of , held on the day of , 185 — , you were duly elected of said district. Dated this day of , 185 — , [Signed] C. D., Cleik of said meeting. Note. — ^This notice is required to be given within five days after the meeting, and only to those persons elected who were not pre- sent at the time. FOEMS. 6& Ko. 13. Form of Ilefxisal to accept District Office^ to 1)6 filed loith tliQ Clerk of the District. (See Section 16.) To the clerk of school district No. ■ iu the town of : Y'ou are hereby notified of my refusal to accept the office of , to which I was elected at the meetino; of said district held on the day of 185 — . Dated this — — day of , 185 — . [Signed] G. H. Wote. — ^This notice of refusal must be filed within ten days after the election, or the person will be deemed to have accepted the office, and be liable to fine for non-performance of duty. m. 14. Form of Order on Treasurer for Ifoneys to he disbursed hy School District. (See Seclions 17, 19 and 31.) To A. B., treasurer of school district Ko. in the town of • — : ■ Please pay to the sum of dollars out of any money in your hands belonging to said district. Dated this ■ day of , 185—. [Signed] C. D., District Clerk. G. H., Director^ No. 15. Form of Annual Rejport to he submitted by District Treasurer to Annual Meeting. (See Section 20.) I, A. B., treasurer of School district No, , in town of , submit the following report to the annual meeting of said district. 70 FORMS. of all moneys received and disbursed by me since the last annual meeting : [Amount received from my predecessor, . . $10 00 <' " town superintendent, . . 75 00 raised by tax in district, and received, . 300 00 Total received, . • I have paid out, On order of district clerk , Dec. 3rd, 185 , $20 do. do. Jan. 10th, 185 40 do. do. Feb. 1st, 185 10 « do. do. Feb. 2rth, 185 , 55 " do. do. May 10th, 185 80 « do. do. June llthj 185 170 $385 00 $375 00 Leaving; a balance on hand of $10 00 The taxes assessed upon the taxable property of the district during the year have been — % For building a school house, $250 00 « fuel, .... 10 00 " black board, 5 00 " outline maps, . 15 00 " teacher's wages, 20 00 All of which is respectfully submitted. Dated this day of September, 185 . [Signed] E. F., Treasurer of district JSTo. of the town of $300 00] Note, — ^The report should simply state the facts as required by law, and the above form may be of some aid in arranging the items of the report. FOKMS. Ko. 16. Form of Bond of District Treasurer to he filed with the District Glerh. (See Sections 21, 22, 23.) Know all men bj these presents, that we, E. F., treasurer of school district number of the town of — , and L. M., his surety, are held and firmly bound unto said school district in the sum of \]iere insert a siim of double the amount to come into the ■treasurer'' s hands as near as can he ascertained^ to be paid to the eaid school district, ior the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and adminis- trators, jointly and severally, firmly by these presents. Sealed Tvith our seals, and dated this • day of , A. D. 185 — . The condition of the above obligation is such that if the said E. P., treasurer as aforesaid, shall faithfully discharge the duties of his office as treasurer of said school district, then this obligation shall be void, otherwise of full force and virtue. Signed, sealed and delivered in E. F. [Seal] presence of K. S. L. M. [Seal] G. H. Form, of Ajoproval to he indorsed on the Bond of Treasurer. "We approve of the within bond and surety. [Signed] G. H., Director. C. D., Clerk. No. 17. Form of Contract hetween District and Teacher. (See Section 27.) It is hereby agreed between school district number of the town of ■ -^ , and L. M., a qualified teacher of the town of ■ , that the said L. M. is to teach the common school of said •district for l^e term ,of 7— for the sum, of \ : dollars per 72 roKMS, , [week or month as the case may 5e,] commencing on the day of • , A. D. 185 — , and for such services, properly- rendered, the said district is to pay to the said L. M. the amount that may be due, according to this contract, on or before the day of , 185 — . Dated this day of , 185 — . [Signed] C. D., District Clerk. L. M., Teacher. The director or treasurer, or both, are to indorse this contract,, as follows : I \or wel consent to the within contract. G. II., Direcfe^ or, E. F., Treasurer, or both. No. 18. Farm of Annual Re-port of the Glerh of a School District to Town Superintendent. (See Section 30.) Annual Report of the clerk of school district No. , of the town of , for the year ending August 31st, 185 . Ko. of male children residing in district over the age of four, and under the age of twenty years, . 26 No. of female children residing in district over the age of four, and under the age of twenty years, . 24 Total number of children residing in district over the age of four, and under the age of 20 years, . 60 No. of children over four and under twenty years of age, who have attended school, . . .45 No. of children under four years of age who have at- tended school, ..... 3 No. of children over twenty years of age who have at- tended school, . . . • -A. ^ Total number who have attended school durmi^ the year, .... '^*% 52 FORMS. 73 No. of months a school has been taught by Mr. , a qualified teacher, ..... 4 No. of months a school has been taught by Miss , a qualified teacher, ..... 3 Total number of months a school has been taught by a qualified teacher, .... "Wages per month paid Mr. , . . . $15 50 Wages per month paid Miss , . . . 8 50 Average number of months scholars over the age of four and under the age of twenty years, have at- tended school during the year, ... 6 Amount of school money received from the town superintendent within the year. Amount of library money received from town su- perintendent within the year, Total amount received from town superintendent, Amount raised by tax for teachers' wages, " " fuel, . " " blackboard and maps, " " building school house, " " library books, \IIere state the amount raised for any other jpur- 29ose alloioed ly law.'] Total amount raised by tax during the year, Amount received from other sources. Total amount in treasury during the year, Amount expended for teachers' wages, . fuel, building school house, black board and maps, library books, $67 50 7 50 20 00 10 00 20 00 250 00 00 00 (C u (( u a u u ii Total amount of expenditures, Amount remaining unexpended. $75 00 . 00 00 Q'7« . 87 50 6 < . 10 00 . 250 00 . 20 00 , 7 50 . 375 00 . 00 00 375 300 00 1[4 FORMS. Total amount of district debts at date of report, . 8 50 Amount due to district from unpaid taxes at date of report, . . . . . 8 50 Amount of library fines collected, . . 3 50 Amount of library fines expended in repairing and replacing books, . . . . 3 00 Amount of library fines unexpended, . . 50 3 50 "Whole number of volumes in library, . . 150 " " purchased during the year, . 12 " " presented during the year, . 6 " " loaned during the year [count- ing each volume one for each time it is loaned^ 120 The text books used in schools are as follows : Spelling books — Vaughan's, Swan's, &c. Heading books — Sander's, Parker's. Geography — Mitchell's, Smith's. Arithmetic — Ray's, Davies', Perkins'. Grammar — Greene's Elements of English Grammar, ,, McElligot's Young Analyzer. School house. [State whether it is a log, trick, stone or fraoned.'] Value of school house, . . . $250 00 Site [more or less^ than one acre. Inclosed, or not inclosed. School has [one'] black board. l^One'] set of out line maps. I hereby certify that the above is a correct statement of the facts required to be reported ; that a common school has been taught in this district, during the past year, for [seven'] months, by a qualified teacher, and that the library regulations have been complied with. [Signed] C. D., Clerk of school district No. , of the town of . Dated at ■ , September 1st, 185 — . FORMS. 75 'No. 19. Form of School Hegisier to he hejiyt ty Teacher. (See Section 32.) Eegister of the common school of school district Ko. of the town of , for the term of tlwee months, commencing on the first day of May, 185 — , by , teacher : tie "o CO CO 01 >^ 10 11 9 14 12 15 ■ «3 Studies. 1 Aite?idance of Scholars. 03 o g_ 1 tJ3 C c 1 5 g 5 re O ti c 1 1 1 a, a, 5d o o "a g s 1 1 1 ] 1 1 1 May. 1 June. July. Names of scholars attending school. 1 2 3 4 5 6 8 9 1 2 3 5 6' 1 re 9 .-.r Henky Roys.. Willi \m Ray John Chase.... OssiAN Dodge Ch's Bateman Mary Lee... Fanny Lane... JurjA Ray... ■ t - - - ■ - - - . - o. [Signed] L. M., Teacher. Note.- — The studies which the different scholars pnrstie are in- dicated by the figure 1 opposite the name of the scholar, and un- der the appropriate heading. The daily attendance of the scholars is indicated by a horizontal mark - opposite the name, and under the date in the heading. If absent, no mark will be made, and if present but half of a day a cross, f may be made. Thus will the names, ages and studies of all the scholars, and their daily attend- ance and absence, be presented at one view, in a convenient man- ner. No. 20. Form of Statement of the Amount of Taxes voted to he raised in a School District.^ to he delivered hy the District Clerh to the Town Cleric. fS. ■S4 FORMS. m. 27. Form of Note annulling a Teacher''s Certificate. f See Section 56. _^ Having inquired into certain complaints against A. B., hereto- fore licensed by certificate as a teacher of common schools in the town of , and being of the opinion that the said A, B. does not possess the requisite qualification as a teacher, in respect to moral character, [or "in respect to learning;" or "in respect to ability in teacliing," as the case may be,] and having given at least ten days previous notice in writing, to said teacher, and to the district board of the district in which said teacher is employed, of my intention so to do, I have annulled, and hereby do annul the said certificate and license, so granted as aforesaid. Given under uiy hand, this day of , 185 . [Signed] C. D., Town Superintendent of schools for the town of . Ilo. 28. Form of Notice to 1)& given to District Cleric when alteration of the houndaries of a District is contemplated. f^ee Section fiOJ To C. D., clerk of school district No. of the town of : You will take notice that I shall be present at [here mention the place'] on the — — day of — — , 185 , at — o'clock in the after- noon, to hear and decide upon certain proposed alterations of the boundaries of said school district. Dated this day of , 185 . [Signed] A. B., Tou'n Superintendent of schools of the town of . Note. — In case of a joint district the superintendent of the town in which the school house is situated will give the notice requiied to the clerk of that district; and each sui)L'rintL^ndent will gi^e no- tice to the clerk of any dis-trict in liis town to be affected by the proposed alteration. The clerk will immediately notify the other meinbers of the board, by giving them a copy of the notice served on him. FOKMS. No. 29. Form of Notice c(f alteration of the houndaries of a School Dis- trict^ lohen the District Boojvd refuse to give their consent. [See Section 61.] To 0, D., clerk of school district JSTo. , of the town of — — — » : I have made an alteration in the boundaries of school district ISTo. , of the town of , as is shown by the following order by me made on the day of , 185 , [Here copy the order niaMng the alteration,'] which will take effect three months from the filing of this notice. [Signed] A. B., Town Superintendent of Schools of the town of — —— , JSfote. — If the district board indorse their consent upon the order making the alteration, no further notice need be given than to file the order, so indorsed, with the district clerk. 'Eo. 30. Form of Order of Toivn Sivperintendent in awarding pr&porii&m of value of Property to 7iew District [See Sections 62, 63 and 64.] To the district board of school district 'No. — , of the town of———. Having formed a new school district, ISTo. , of the town of , in part [or loholly] from the territory of your district, I have ascertained and determined the proportion of value of the school house and other property justly due to such new district from your district, retaining such school house and other property to be dollars. You are, therefore, to raise and collect bj tax upon the taxable property of your district the said sum of — ^- SU FORMS. dollars, and when collected pay the same to the treasurer of said aew district. Criven under my hand, this day of , 185 . A. B., Town Superintendent of Schools of the town of . No. 31. JFotwj of order altering the boundaries of a School District. [See Section GO.] It is hereby ordered and determined that the,, (north half of the north-east quarter of section No. ten, of town seven north, of Kinge fi^ix west,) now a part of school district No. , of the town <£ , be, and hereby is taken from said school district, and attached to and made a j^art of school district, No. of said Iowa, for all purposes whatsoever. This order will take eflect on the day of , 185 . Given under my hand this day of , 185 . A. B., Town Superintendent of Schools of the town of . The consent of the district board should be indorsed as follows: "We hereby consent to the alteration made in school district !Ho. , of the town of , agreeably to the within order of the town superintendent of said town. Dated, &c. G. H., Director ] Of said school dis- E. F., Treasurer >- trict No. — , of the C. D., Clerk ) town of . JTote. — The board of each district affected by the alteration, «IiLOuld indorse their consent on the order. FOKMS. 8T Ko. 32. Form of Bond of Town Superintendent. (See Section 42.) Know'all men bj these presents, that we, A. B., town superin- tendent of schools of the town of , in the county of , and C. D. and E. F., his sureties, are held and firmly bound unto the chairman of supervisors of said town, in the sum of (here in- sert double the amount of all school money to come into his hands during the term of his office,) to the payment of which sum well and truly to be made to the said chairman of supervisors, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of 185 . The condition of tliis"obligation is such, that if the said A. B., town superintendent of said town of , shall faithfully apply and legally disburse all school money that may come into his hands, according to law, as town superintendent of said town of , during the term of his office, and shall faithfully discharge all the duties of his office, then this^obligation shall be void, other- iwise shall remain, in full^force and virtue. A. B., [L. s.] 0. D., [L. s.] E. F., [l. s.] Signed, sealed and delivered in the presence of This bond should be indorsed as follows : I approve the within bond and^sureties, [Signed] G. II., Chairman of Supervisors, of the town of . FORSrS. ^ e CO CO O 'to "to •S3T.ic.iqi{ joj papuadxo jCaaoui oiiqnd jo ^unoiuy •saSfeAi. ,s.raqoB3; .loj pred >Couoia bqqnd jo ^unocuy •poAiaogjiCaaolu jo ^unoiuB i^ioj, i ./.,'> -sao-incs .loq^jo iuo.i^ poAiaoo.! qanoray Ififvronyl •jo.insBo.i; UM.O} nio.ij paAiaoaj JCba'bta jo lunotuy [ Jnai i> )l •joinscoa; jf^anoa aiojj paAiaoa.i Xauom jo-^uiioaiv • ■ : f J •s.ioqjua; ajnuiGj 05 pind qiiiotu jad ss^rav jo ^nnoniB eSiuoAy •s.i8qo«oi 9|T?iu 01 Tpw.d qinoiu jad saSsA jo innoiuu oSu.ioAy •.I9([JB0l 0[K(U3J U Xq aqSnu^ naoq aAtiq Sfooqos sqiuoui jo -onj aSy.iOAy •jaqoKOj a[r.iu u Af] ■XT\Snv.i nosq 8AT?q pyooqos sq^noui jo -o^j oSrioav put? jnoj naaAiioq ua.ipiiqo s-qinom jo -onj aSv?j3AV •[ooqas p3pu3};u aAT?q oqAi. aSu jo SJca.C X'in9A\'} .laAO usipjiqo jo -osj qooqos papii9;}8 OABq oqAi oSr jo s.iT;a.f .inoj japiiu iia.qiiiqo jo "o^vj qqoqos popnajiu aAKq oqAi aSu JO aiBoX jfinaM^ aapan pus .iiioj .i3ao ua.qqiqo jo "ojij ■aiii; JO S.1K0X A'luaAxj japuu pni! .moj jaAO uavoj ui Suipisar uajppqo jo -o^vj p^oj, •aSu JO gjHai XjiiaA\j .lapun ptm jnoj .iBAO UAVOi ni Jfriip|sa.i ua.iiiTiqo apuuaj }n -ovj ■aSi? JO s.iKaA' XjciaiW; .loputi puB .moj jaAO UAVOJ ui Smpisa.i ua.ip[up 3\aui jo -o^ •;qifnBi uaaq aAEq S[ooqos sq'tuoui jo 'o^ aSB.i9Ay •sjouisip ^uiof UT sasnoq poqos jo -o^ •pajioda-t ^ou OABq qoiqAi epi.qsip jo sjaBd jo -o^ •sppjsip JO s:]JBd JO '0^ •pai-iodDiion aAXjq qoiqAV spujsip |ooqos jo -o^ •spr-nsip |ooqos jo -oj,! S < H FORMS. 'JBO.C 8i]j Sui.uip bdjirj;! qjns StiiptiauK sjidnd jo •o\^ aSu.OA v | •^HUlOa 3l[J ui saiiuopBOi! p.i^u.iod.iooiii jo -ii^^ 1 •.i«o.^<)qj:guunps[ooi[,)s ipiis i^uipiwu^ sjidnf[ jo -ojj a.o'iM^.1 y | •SrijiurtpHJi! p,d.i,ijas jo -o^ij | •p.i[)(wdxr)nn s.iiiLj A!ii:.iqi;[ jo iiiiioiiiv | •pr>puridx.i saiitf Xin.i()i( pi luimuiy | •pf>l03]|oj ysui; jf.iK.iqn p) jiiaouiv | •ii;.)A sqj Sni.iiip paiu;o[ sbuiiiicia jo -o^ | •SfiiiiMCjii 01(1 ((« uisaainiOA jo -o^j | •s-arre.iqij 'jiuut' jo -ofj | •hioi.iiMqi; 5,ii.nsq> p> 'u^ | •sdKiii oiiquio qnciqiiAV spioqjs jo -ov | q):ai|0'qi! v. '}unqjiA\ S[0()q;is p) -ojvj | q)Fi.M)pi!iuiu wojis asnoq yooq.'S jo -o sj | ■o.ijt; BUI) UL'qj s°3[ .oiii(!umiu>.) sons ssnoq yoi.H[,is }i« mm | •osaoq [iKiqjH ,i'm: p) aiiUHiip.^A jS'Tv^oq | •ssnoq [ooqos Xuu jo uouL'n[CA Is^qSifj j ■sasnoq [ooqos jo noiiBnTVA yinoj^ i •snsnoq ]ooqos §o[ jo -o^ i •S9SM!iq [o-rj.is poLuu.rj jo -o^ i •sasn4)n ]ooqos anois jo 'o^^r i •S3snoq [ootpos 2[Ji.iq jd -01^ 1 •s[ooi{-os ui pasn :)soui aiBuiauM.o jo s.ioqin' jo sotiis^kj j ■S[(ioq,.s lu pssn ^som ,soi>Kavi)Tit: p s.ioqim; jo ssuikj^ 1 •fc;[ooqos at posn isoiu s.qqdi!.!.oOoS JO s.ioqjhi.' JO seniK^*^ 1 •S[ooqai t(i posa ^som s:|ooq Snip'K3.t jo s.ioqinK jo sauJBfj i •S[()oq.)s tu (!3sn :isnuj si[()oq Sui{[9dy jo s.ioq'jnT; jo satiiB^vT j •s.isod.inti .taqjo pnv. |9nj .inj popnndxa pm? xP.i £'\ pnsinj Aaiioiu lo luuouiv •S3SU(iq {ooqos ao popuodxo rp xiii.ifq pasiv.i .Cinoui ja[jnnomv i ; ' . •sa!.r«jq![ ^oi.nsip joj pspnadxo pun :s\n /Cq. paeiBJ Xannru jo 'innotuv* •ssSbav iS.iaqoiia^ .loj papuadxa pae xbj Xq pasre.r jiuiouiv 1 •popuadxann SuuiiRLiia.i ^unocuy i •sasod.ind .laqio .loj pap.nadxa ^feuora oi[qnd jo ^anouiv 1 • certified, to be legal evidence same as originals, 7 Of appeals to be served on district or person whose act is ap- pealed from, 35 Of answer to appeal to be served on appellant, 36 Certified copy of bond, sufficient evidence, 32 CORPORATE BODIES— School districts declared to be, 1 1 Powers of school districts sa corporate bodies, 11, 12, 96 COSTS— Of suits, who responsible for, '32 COUNTY BOARD OF SUPERVISORS— May authorize the levying and collecting of district school taxes not to exceed one thousand dollars, 7 To estimate and determine at annual meeting the amount of money to be raised in each town and ward for support of, common schools, 8, 62 Such tax not to be less than one half the amount apportioned to such town or ward, by the state superintendent, at last an- nual apportionment, 8, 62 Not to levy a school tax to exceed three mills on the dollar,, 8- How to order levying of tax when no apportionment has been made to a town, Q COUNTY TREASURER— To apply for and receive of state treasurer the school money apportioned to his county, 5 To notify town superintendents and city treasurers of amount apportioned to each such town and city, 9 To hold school moneys subject to order of city treasurer and town superintendent, ^ What disposition to make of school moneys not called for, 9> When suit may be brought on bond of, 32 Should not receive money raised by towns for school purposes^, 96 D. DEBTS— Of school districts, tax may be voted to pay, 12 How divided on division of district, 25, 60 DECISION— What may be appealed from, 26, 92 Of state superintendent, on appeal, final, 6, 26 Digest of, 89 to 99 DEED— Provision relative to, in purchasing and selling school house site and form of, 55^ 7'7 DESCRIPTION— Of school district to be delivered to town clerk by town super- intendent, 20, 4S. 15 lU IKDEX. DIRECTOR— When to be elected, 12 To call meeting in absence of clerk, 13 To indorse contract with teacher, 16 52 May refuse to indorse contract, 94 To sign orders on district treasurer, 14 To see that orders signed by hina contemplate laAvful expendi- tures of money, 51 To sue treasurer on bond for breach of condition, 15 To appear on behalf of district in suits against it, 14 To certify judgment against district, to town clerk, 29 Fine for neglect or refusal to serve, 30 DISTRICT BOARD— Who to constitute, 12 How should be chosen, 48, 93 A majority can act as a board, 51 Powers and duties of district board, 19, 55, 56 To purchase or lease school house site, 19, 55 To sell and convey school house and other property, 1 9, 53 To have care of school house, 19, 56 Their duties as custodians of school house, 56, 94, 95 When authorized to fill vacancies in their own number, 19 To provide indigent children with school books, 19, 56 Duties of, in determining what text books shall be used, 19, 56 To determine what branches shall be taught in addition to those required by law, 19, 56 Who to be clerk of, 15, 62 When to appoint treasurer, 15 To provide appendages to, and keep school house in repair, 16,' 55 To determine length of time school school be taught when not directed by annual meeting, • 13, 50 To determine whether male or female teacher shall be employed, 13, 50 To determine how school money shall be applied in certain cases, 13, 50 Consent of, reqiiired that alteration of district may take effect immediately, 24, 25, 91 May apply to chairman of town board, and town clerk to be as- sociated with town superintendent in making alteration of the district, 24, 59, 92 INDEX. 115 DISTRICT BOARD continued. To bring suit for the recovery of library fines and penalties, 2t To appoint librarian of joint libraries, 89 To divide joint libraries, 29 To keep account of expenses incurred and present same to dis- trict meeting for allowance, 16, 65 Should not interfere in discipline of school, 98 Are responsible for money unlawfully expended, 94 Individually liable for expenses incurred not authorized~by dis- trict or by law 94 Are responsible for pay of teachers when unlawfully hired, 93 May expel disorderly scholars from school, 94, 95 May employ teacher three months without vote of district, 50, 93 Can not discharge a teacher who has performed his duties ac- cording to contract without paying him for whole term he was hired, 93 May exclude children not residing in their district from attend- ing school, or may admit them, 98 Can not levy a tax, 93 To make and submit to annual meeting estimate of expenses for ensuing year, 49 Are individually responsible for acts not authorized by law or vote of district, 55 DISTRICT CLERK— (See "Clerk of School District.") DISTRICT LIBRARIES— (See Libraries.) DISTRICT MEETINGS— (See "Annual," "Special" and "First meetings.") DISTRICT PROPERTY— District board to have care of, 19, 66 Duties of district board in the care of, 95 May be sold by ordei of district meeting, 12, 55 How divided when district is altered, 26, 60, 91 DISTRICT SCHOOL— (See "Common Sthoois.") DISTRICT TREASURER— When elected, 12 To be one of district board, 14 When may be appointed, 15 To give bond, 15 11 6 mDEx, DISTRICT TREASURER continued. When office of, vacant, t5 To apply for and receive money from town superintendent, 1 4, 52 To pay out moneys on order of clerk, if indorsed by director, 14, 51 To report in writing to annual meeting, 14, 52 Form of report, 69,^70 To pay balance to successor, 15 When may be sued by successor on bond, 15 To call meetings in absence of clerk, 13 To indorse contract with teacher, 16, 52 Fine for neglect or refusal to serve, 30 To give receipt to town superintendent for school moneys received, 62 DIVISION— Of joint libraries, 29 Of district property, 25, CO, 91 Of school districts, 24, 59 E. ELECTORS— Of districts who are qualified, 11, 45 To assemble at meetings when notificid, 11, 48 EQUALIZATION— Of assessments in joint school districts, 26, 61 EXECUTION— Not to issue against school districts, 29 EXPENDITURE— District board to submit estimates of to annual meeting, 49 To be reported by town superintendent, 21 Of library fines, to be reporiel, 40, 41 Account of, by district board to be kept and submitted to an- nual meeting, 16, 55 Of districts, how money raised for, 96 F. FEES— None can be taken by town super intendent^ 67 INDEX. 117 FINES, PENALTIES AND FORFEITURES— Of district clerk for making, false report, 31 Of district clerk for refusal to deliver papers to successor, 31 For injury to library books, and how to be recoveieJ, 39, 40 For refusal to serve notice of first meeting, 30 Of chairman of first meeting for refusal to serve, 30 Of district officers for neglect of duty or refusal to serve, 30 Of town superintendent for refusal or neglect to make annual • report, 31 Of clerk of county board of supervisors, for neglect or refusal to report to state superintendent as required by law, Forfeiture of wages of teacher if school register not kept, FIRST DISTRICT MEETING— When may be called, How notice given and return made. Form of notice and return, Notice and return to be recorded as part of proceedings, What business may be transacted at, Chairman of, to be fined for refusing to serve. May elect district officers, who must file written acceptance, When cannot transact other business than to elect officers, FORFEITURES. (See "Fines, Penalties and Forfeitures.") FORMS, prescribed by state superintendent — Of notice to be given by town superintendent to town clerk of formation of new district, 63 Of notice to town clerks of formation of joint district, 63 Of notice of first meeting of district to be delivered to a taxa- ble inhabitant, 64 Of notice to be left at residence of voter in his absence, 65 Of return to be made on notice of first meeting, 65 Of notice of meeting by town superintendent when there is no officer to call a meeting, 66 Of acceptance of office by district officers, 66 Of notice of annual meeting, 67 Of notice of special meeting, 67 Of notice of adjourned meeting, 67 Of notice by clerk to officei's elect, 68 Of refusal to accept office, 69 31 17, 64 10 10, 45 64, 65 10, tS 4S 30 n, 46 46 118 INDEX. FORMS continued. Of order on treasurer for disbursement of school moneys, 69 Of annual report of district treasurer, 69, 70 Of receipt of district treasurer for moneys received from town superintendent, 52 Of bond of district treasurer, 71 Of contract with teacher, 71,72 Of annual report of district clerk, 72, 73, 74 Of school register, 15 Of statement of amount of taxes voted to be raised in a district to be delivered to town clerk^by district clerk, 75, 76 Of statement of amount of taxes to be raised in parts of joint districts, to be delivered to town clerk by district clerk, 76, 77 Of deed for purchase of property by district, 77 Of lease, 78 Of appointment to fill vacancy, 79 Of annual report of town superintendent, 80 to 8S Of teacher's certificate, 83 Of note annulling teacher's certificate, 84 Of notice to district clerk of proposed alteration of boundaries of district, 84 Of order altering boundaries of school district, 85 Of notice to district that alteration has been made, 84 Of notice by town superintendent to district of division of pro- perty, and the amount awarded to new district, 84 Of annual report of clerk of board of supervisors, 88, 89 For keeping records of district meetings, 49, 50 For district librarian in keeping account of books loaned, 38 Of certificate by town superintendent that a larger sum than $300 may be raised for building a school house, 69 Of bond of town superintendent, 85, 86- FORMATION— Of school districts, 10, 44, 45 Town superintendent to give notice of, 10, 45 When chairman of town board and town clerk to be associated with town superintendent in formation, 24, 44 Of joint school districts, 25, 90, 91 FREE— Common schools to be, 4 INDEX. lis FUEL— How provided, 12, 9? FUND. (See " Income of School Fund.") G. GOVERNMENT OF SCHOOLS— . Town superintendent may advise in, 24, 69' Duties of district board in respect to, 95, 98 Powers and duties of teacher in the, 98, 9S H. HOLLIDAYS— On what schools may be dismissed, 68; I. INCOME OF SCHOOL FUND— When apportionment of to be made by state superintendent, 7, 9' To be certified to state treasurer, 7 State superintendent to notify clerk of county boards of super- visors of, 7 Notice of apportionment of, to be filed in clerk's office, 7 Clerks of county board to furnish county treasurer with copy of notice of, 7 When apportionment of not to be made to towns, 9^ 62r To be expended in payment of teachers' wages, 21^^ County treasurer's to apply for, S INSPECTION OF SCHOOLS, To be made by town superintendent, 24,, 6©s J. JOINT districts- How formed and altered, 25, 45, 90 By whom certificate must be given that a tax exceeding $S0O > may be raised to build a school house, 13, 4T Supervision and number of, SI How money apportioned to, E9f= JOINT libraries- How formed and divided, 28, 29> 90^ Regulations concerning, 45, 91 , Librarian of, how appointed, 29* How reports of to be made, 41 120 INDEX. JUDGMENTS— Against school districts, how collected, 29, 30 How certified and collected in joint districts, 30 JUSTICES OF THE PEACE— Jurisdiction of, in cases where a school district is a partj, 29 L. LEASE— Form of, 78, 79 LIABILITIES— District may vote tax to discharge liabilities legally incurred, 12 LIBRARIAN— When district clerk to be, 28, 39 How appointed, 28 Duties of, 38. 40 LIBRARIES— Provision of law relative to, 27, 28, 29 Regulations concerning, 37 to 44 Slate superintenient to prescribe rules and regulations for, 6, 28 Fines for detention, loss of, or injury to books of, 39 To whom fines should be paid, and how recovered, 40 How books of to be selected, 28 Tax for may be raised by districts, 28 Joint, how formed and divided, 28, 29, 91 LIBRARY MONEY— How much school money town superintendent may set apart for library purposes, , 27 When library money forfeited, 22, 89 M. MAPS— Town superintendents to make maps of all school districts, 32, 61 MEETINGS- (See "Annual," "First" and "Special.") MISDEMEANOR— District clerk when guilty of, 31 MONEYS— (See "School moneys.") INDEX. -► 121 MONTH— Signification of, 63 NAMES— Of school districts, 11 Of scholars to be entered in school register, 17 NEGLECT— Of district treasurer to pay balance of moneys to successor, 15 Of district to receive school moneys, 23 Of district officers to accept office or discharge their duty, 30 Of town superintendent and clerk of board of supervisors to make annual report, 31 NOTICE— Of proposed alteration of district, 24, 44, 59 Of the formation and alteration of school districts, when and by whom to be given, 20, 24, 45, 60 Of first district meeting, 10 Of annual, special and adjourned meetings, 16, 47 Want of, not to vitiate proceedinofs of meeting's, 47 To be given of a meeting when a district has lost its organization, 10 To district officers elect, 14, 61 To school district on division of property, ' 60, 61 To be given by county treasurer to town superintendents and city treasurers of apportionment of school fund income, 9 Of special meeting, what to contain, 16, 46 o. OATH— To be administered by chairman of meeting to challenged voter, 11 OFFICERS. (See " Director," " Treasurer" and " Clerk.") Of district, are director, treasurer and clerk. Term of office of. Should be chosen by ballot. Refusal of, to serve, vacates office, ORDERS— To be drawn by clerk on treasurer, and form of. To be signed by director, OUTLINE maps- How provided for schools, 12,101 14 14 48, 93 93 17, 69 14, 61 122 INDEX. P. PENALTIES. (See " Fines, Penalties and Forfeitures,") PLANK ROADS— Not liable for school district taxes, 54 PRINCIPAL— Of scliool fund, wliat set apart for, 3, 4 When income to be added to, 9 PROCEEDINGS OF DISTRICT MEETINGS— Mode of keeping, 48, 49, 50 When cannot be altered, repealed or modified, 49, 96, 97 When not void for want of due notice, 47 PROPERTY. (See " District Property.") PUBLIC MONEY. (See " School Money.") Q. QUALIFICATIONS— Of voters at district meetings, 1 1, 45 Of teachers, how and by whom determined, 23, 58 K. RAILROADS— Not liable to pay school district taxes, 54 REAL ESTATE— When may be assessed by town clerk, 26, 61 When assessments of, may be equalized in joint districts, 26, 61 receipt- To be given by district treasurer to town superintendent, 52 RECORDS— Of school districts, how and by whom to be kept, 48, 49, 50, 52 To be delivered by clerk to successor, penalty for refusing, 15, 31 REFUSAL— ()£ district officers to accept, 14, 30 Officers deemed to have accepted unless refusal filed, 14 Form of, 69 register- To be furnished by clerk to teacher, 1 7 Form of, 75 Provisions respecting, 17, 54 INDEX. 123 REGULATIONS— Concerning appeals, For school district libraries, REPAIRS— Of school house, provisions relative to, REPEAL— Of proceedings of district meeting, REPORT— Of state superintendent, Of clerk of board of supervisors. Of town superintendent, Of district clerk. Of district treasurer, How made in joint districts, RESIDENCE— Of children, RETURN— Of notice of first meeting of district, 35, 36 37 to 43 12. 97 12, 49, 96 6 27, 62 21, 57 16, IV, 53 52 25 98 10, 45 s. SCHOLARS— Names, ages and studies of, to be entered in school register, Where may attend school. When may be expelled, Power and duties of teacher respecting. May be excluded from school of district where they do not reside, Residence of, SCHOOL BOOKS— (See "Text Books.") District board to determine what shall be used, Uniformity of should be secured, When rnay be purchased by district board for indigent scholars, SCHOOLS— (See " Common Schools.") SCHOOL DISTRICTS— Alteration of, (See " Alteration of School Districts.") Formation of, (See "Formation of School Districts.") When duly organized, 9 94 94. , 95 •98, 99 98 98 19, 56 56 19, 56 11, 46 124 INDEX. To be bodies corporate, 11 Powers of school districts, 11, 12, 96 How money apportioned to, when altered after annual report made, 22, 23, 67 Description and numbers of to be filed in town cljrk'i office, 20 When they become joint district by operation of law, 91 When may bring suit on bond of town superintendent, 31 When may sue county treasurer on bond, 32 Cannot be formed or altered by state superintendent except on appeal, 90 How joint districts may be formed and altered, 25, 00, 90, 91 Supervision of joint, 90 Division of property of, 25, 60, 61, 91 When alteration of cannot take"efFect, 25,91 Appeals in relation to formation or alteration of, 92 Of suits against, 29 Apportionment of school moneys to, 20, 22, 23, 89, 90 When not entitled to apportionment of school moneys, 21, 22, 89 Officers of, 14, 93 SCHOOL HOUSE— Site of designated by voters of district, How purchased and sold by district board. Tax may be voted to build and repair. Tax for enlargement of may be voted without certificate of town superintendent. When tax for building may exceed ^300, District board have care of, Property in, how divided Avhen district is altered, Use of, when not required for district purposes, 56, 96 District board to furnish necessary fuel and appendages, 16, 65, 97 Should be built solely with reference to the use for which it is intended, 96 Suggestions in regard to site and construction of, 101, 102, 103 SCHOOL MONEYS— May be raised by towns in addition to amount required by law to be raised, 8 County board of supervisors at annual meeting to estimate and direct amount to be raised in each town and ward, 8, 62 Apportionment of, by state superintendent, 8, 62 Duties of clerk of county board and county treasurer in relation to apportionment of, 7, 9 12 12, 65 12, 97 wn 97 13,47 19, 56, 96 26, 60, 91 INDEX. 125 SCHOOL MONEYS continued. Moneys raised by towns for school purposes should not be paid to county treasurer, 06 How obtained by town superintendent, 20, 89 How and when apportioned by town superintendent, 20 When towns not entitled to, 9 When school districts not entitled to, 21, 22, 89, 99 How apportioned in certain cases, 22, 23 Report in relation to, by town superintendent, 21 Account of, by town superintendent, 22 Account and report of, by district treasurer, 14, 15, 52 When added to income of school fund, 9 When to be added to next apportionment by town siiperintendent, 23 District board to determine application of, if not done by annual meeting, 13, 50 What is "school money received from school fund," 90 SCHOOL REGISTER— (See "Register." SCHOOL TAXES— Towns and cities required to raise, 4 County board of supervisors to levy in towns, 8, 62 How levied when town has received no apportionment, 9 Cannot be voted by districts except at first and each annual meeting, 49 Statement of to be delivered by district clerk to town clerk, 18, 54 Town clerk to give district clerk a certificate for statement of, 55 To be assessed by town clerk, 18 To be collected by town treasurer, 18 To be paid to district treasurer, 18 For what purpose may be raised in school districts, 12 Vote for raising of, should be by ayes and nays on resolution, 49 How assessed and collected in joint districts, 18 How balance of may be used in certain cases, 96 SECTARIAN INSTRUCTION— Not allowed in schools, 4 Duties of state superintendent in relation to, 5 SITE— Of school house, how designated, 12 Provisi>.ns relative to, 55 126 INDEX. SPECIAL DISTRICT MEETING— How and by whom notified, 13, 16 Form of notice of, 67 What notice to specify, 46 Cannot vote a tax, 13 What business may be transacted at, 13 STATE SUPERINTENDENT— His powers and duties, 6, 6, 7 Has no power to form or alter school districts, 90 Cannot grant certificates of qualification. 92 STATE TREASURER— Duties of, relative to apportionment of school fund, 9 suits- How and when school district may commence suit on bond of of town superintendent, 31 How and when school district may commence suit on bond of town and county treasurer, 32 Prosecution of, 14, 32 Costs of, 32 When may be brought on treasurer's bond, 16 District meeting may make provision relative to, 12 Who shall appear on behalf of district in, 14 How commenced against districts, 29 To be brought by town superintendents for penalties and for- feitures, 20, 21 • May be brought to recover library fines, 28 SUPERINTENDENT. (See "State Superintendent" and " Town Superintendent.") SUPERVISORS. (See " County Board of Supervisors.") T. TAXES. (See "School Taxes.") TEACHERS— To be examined by town superintendent, 23, 68 To receive certificate if qualified, 23 May be re-examined, 24 INDEX. 12T TEACHERS continued. When and how certificate of, may be annulled, 24, 68, 92 When to forfeit wages, 17, 54 Mode of hiring, 93, 94 Powers and duties of, 98, 99 TOWN BOARD— To audit account of town superintendent, 8 TEXT BOOKS. (See "School Books.") TOWNS— May raise school money in addition to amount directed to be raised by county board, 8 TOWN SUPERINTENDENT— His powers and duties, 20 to 26, 89 Compensation of, • 8, 67 Duties of, in the formation of school districts, 10, 44, 46 Duties of, in alteration of school districts, 24, 59 To divide property when district is altered and new district is formed, 25, 60, 91 When to call district meetings, 10 When may appoint district officers, 19 To apportion school moneys, ' 20 When cannot apportion school moneys, 89, 90 Considerations respecting apportionment by, 21, 22, 89, 90 To see that the annual reports of district clerk are made cor- rectly and in due time, 5" To report annually to clerk of board of supervisors, 2 . Form of report of, 80 to 83 Penalty for neglect of, to report, 3 Cannot receive fees, 57 How paid for services, 67 Duties of, in examining teachers and annulling certificates, 23, 24, 68, 92 Supervision and visitation of schools by, 24, 59 To divide joint libraries, 29 To apply for school moneys as soon as payable, 89 TREASURER. (See " County Treasurer" and " District Trea- surer.") 128 INDEX. U. UNIFORMITY— Of text books, 56' UNIVERSITY— Provisions of constitution relative to, 4 y. VACANCY— In district board, bow to be filled, 19 VISITATION— Of district schools, 69 VOTERS. (See "Electors.") W. WAGES— To be specified in contract, 16 Public miney to be applied to payment of, 13, 22 When forfeited, 17,54 By whom paid, 17 When district b^ard liable for payment of, 93 Tax may be voted for payment of, 12, 94 LAWS STATE OF WISCONSIN RELATING TO C-OMMON SCHOOLS aEdULATIONS FOR APPEALS, LIBRARIES, etc, INSTRUCTIONS FOR SCHOOL OFFICERS, FORMS ITOR CONDUCTING ALL NECESSARY PROCEEDINGS UNDER SAID LAWS, AND A DIGEST OF THE DECISIONS MADE AND OPINIONS GIVEN BY THE STATE SUPERINTENDENT, WHICH ARE OF GENERAL APPLICATION. Prepared in pui suance of An Act of the IP>o*'!* Chap. CXXXVIII, General Laws of 1858, Sec. 11 J reads as follows : "The State Superintendent of Public Instruction is hereby .authorized and directed to cause five thousand copies of the laws in relation to Common Schools, as amended by this Legislature, to be printed and published in pamphlet form by the State Printer at the contract prices, including therein such Rules, Forms and Regulations as he may deem necessary to carry into effect its provisions ; and when thus published, he shall send to each Town Superintendent in the State one copy for his own use, and one for each of the School District Clerks within his Town, and hold the remainder to supply future demand, as occasion may require." LAWS RELATING TO COMMON SCHOOLS. CONSTITUTION.— ARTICLE X. EDUCATION Section 1, The supervision of public instruction state superim- shall be vested in a State Superintendent, and such }f°?nsfa^cti other officers as the legislature shall direct. The State how elected Superintendent shall be chosen by the qualified electors and his com- of the State, in such manner as the legislature shall P^nsation, provide ; his powers, duties and compensation shall be provided by law ; Provided, That his compensation shall not exceed the sum of twelve hundred dollars an- nually. Sec. 2. The proceeds of all lands that have been or ^JjJ^* ^q"^' hereafter may be granted by the United States to this school fund. State for educational purposes, (except the lands here- tofore granted for the purposes of a University,) and all moneys, and the clear proceeds of all property, that may accrue to the State by forfeiture or escheat, and all moneys which may be paid as an equivalent for exemp- tion from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, and all moneys arising from any grant to the State where the purposes of such grant are not specified, and the five hundred thousand acres of land to which the State is entitled by the provisions of an act of Congress, entitled " An Act to appropriate the proceeds of the sales of the public lands, and to grant % COMMON SCHOOL LAWS OF pre-emption rights," approved the fourth day of Sep- tember, one thousand eight hundred and forty-one, and also the five pe)' centum of the nett proceeds of the pubUc lands to which the State shall become entitled on her admission into the Union, (if Congress shall consent to such appropriation of the two grants last mentioned) shall be set apart as a separate fund, to be called the School Fund, the interest of which, and all other revenues derived from the school lands, shall be exclusively applied to the following objects, to wit: Tobesetapart. 1. To the support and maintenance of Common Schools, in each school district, and the purchase of suitable libraries and apparatus therefor. How interest 2. The residue shall be appropriated to the support applied. gj^j maintenance of Academies and Normal Schools, and suitable libraries and apparatus therefor. District ^^^- ^- '^^^ Legislature shall provide by law for the schools to be establishment of District Schools, which shall be as neat- established by ly uniform as practicable, and such schools shall be free and' not ^ecta- ^"^ without charge for tuition to all children between irian. the ages of four and twenty years; and no sectarian in- struction shall be allowed therein. Anuual tax to Sec, 4. Each town and city shall be required to raise, supporttf*^ by tax, annually, for the support of Common Schools schools. therein, a sum not less than one-half the amount re- Amountthere- ceived by sucli town or city respectively for school pur- ** * poses, from the income of the School Fund. Income of ^Ec. 5. Provision shall be made by law for the dis- school iund tribution of the income of the School Fund among the distrfbiftfid^^" Several towns and cities of the State, for the support of Common Schools therein, in some just proportion to the nuinber of children and youth resident therein, be- tween the ages of four and twenty years, and no ap- propriation shall be made from the School Fund to any city or town, for the year in which said city or town shall fail to raise such tax, nor to any school district for the year in which a school shall not be maintained at least three months. State univer- Sec. 6. Provision shall be made by law for the estab- ™*y* lishment of a State University, at or near the seat of government, and for connecting with the same from time to time such colleges in different parts of the State, as the interests of education may require. The pro- ceeds of all lands that have been or may hereafter be granted by the United States to the State for the sup- THB STATE Of WISCONSIN,. f port of a University, shall be and remain a perpetual fund, to be called the '" University Fund," the interest of which shall be appropriated to the support of the State University ; and no sectarian instruction shall be allowed in such University, Sec. 7. The Secretary of State, Treasurer and Attor- School Iwd ney General shall constitute a Board of Commissioners commissioners for the sale of the School and University Lands, and for the investment of the funds arising therefrom. Any two of said Commissioners shall be a quorum for the transaction of all business pertaining to the duties of their office. Sec. 8. Provision shall be made by law for the sale Lands, koiv of all School and University Lands, after they shall have sold, been appraised, and where any portion of such lands shall be sold, and the purchase money shall not be paid at the time of sale, the Commissioners shall take secu- rity by mortgage upon the land sold for the sum re- maining unpaid, with seven per cent, interest thereon, payable annually at the office of the Treasurer, The „ ^ >, • • • ^, ii ■, , • 1 T lowers of Commissioners shall be authorized to execute a good commmoHejs and sufficient conveyance to all purchasers of such lands, and to discharge any mortgages taken as secur- ity when the sum due thereon shall have been paid.. The Commissioners shall have power to withhold from. sale any portion of such lands when they shall deem it expedient, and shall invest all moneys arising from the sale of such lands, as well as all other University and School Funds, in such manner as the Legislature shall provide, and shall give such security for the faithful performance of their duties as may be required by law. TITLE m.— CHAP. 10.— REVISED STATUTES. Sec. 59. There shall be elected at the next general State aupma- eiection, and biennially thereafter, a State Superinten- ^"^"^jj^^hfe dent, whose term of office shall commence on the first term of office, day of January next succeeding his election, and con- tinue for the term of two years, and until his successor is elected and qualified. Sec. 60. The State Superintendent shall, before he Oath of ©fiee, enters upon the duties of his office, take and subscribe COMMON SCHOOL LAWS OF His duties. Ibid. His duties. -.itio an oath to support the constitution of the United States^ and of the State of Wisconsin, and faithfully to dis- charge the duties of his office to the best of his ability, which oath shall be filed in the office of the Secretary of State. • Sec. 61. The said Superintendent shall receive for his services the sum of one thousand dollars per annual, payable quarterly in advance, with his actual postage, and the necessary stationery for his office, payable quarter yearly out of the State Treasury. Sec. 62. He shall have a general supervision over the Common Schools in this State, and it shall be his duty, as far as practicable, to visit every county in this State, for the purpose of inspecting the schools, awakening an interest favorable to the cause of education, and dif- fusing as widely as possible, by public addresses and personal communication with school officers, teachers and parents, a knowledge of existing defects, and of desirable improvements in the government and the in- struction of the schools. Sec. 63. It shall be his duty to recommend the intro- duction of the most approved text books, and as far as practicable to secure a uniformity in the use of text books in the Common Schools throughout the State ; to discourage the use of sectarian books and sectarian instruction in the schools ; to advise in the selection of books for school district libraries ; and to open such correspondence abroad as may enable him to obtain, so far as practicable, information relative to the system of Common Schools, and its improvements in other States and Countries, which he shall embody in his Annual Report to the Legislature. Sec 64. He shall prescribe rules and regulations for the management of school district libraries, and the penalties Avhich shall be imposed by District Boards for any violation of such rules and regulations : he shall prepare for the use of Common School officers, suitable forms for making reports, and conducting all necessary proceedings, and he shall cause the laws relating to Common Schools, with the rules, regulations and forms aforesaid, and such instructions as he shall deem neces- sary, to be printed together, with a suitable index, in pamphlet form, by the person authorized to do the State printing, at the expense of the State ; and he shall cause the same to be di.stributed anions: the several school THE STATE OF WISCONSIN. Sf- districts and other officers having the care of Common Schools throughout the State. Sec. 65. He shall examine and determine all appeals To examine duly made to him from the decision of any school dis- and determiEe trict meeting, or from the decision of any Town Super- ^PP®^^^- intendent in forming or altering, or in refusing to form or alter any school district, or concerning any other matter under the Common School law of this State, and his decision thereon shall be final. Sec. 66. It shall be the duty of the State Superinten- Books, charts, dent to collect in his office such school books, apparatus, ^^• maps and charts as can be obtained without expense to the State, and also to purchase at an expense, not ex- ceeding fifty dollars a year, rare and valuable works on education for the benefit of teachers, authors, and others, who may wish to consult them. Sec. 67. He shall prepare in each year, a report to be To report, submitted to the Legislature, on or before the tenth day of December in each year, containing — 1. An abstract of all the Common School reports re- "What to con- ceived by him from the several Clerks of the County *ain. Boards of Supervisors ; 2. A statement of the condition of the Common Schools in this State ; 3. Estimates and accounts of expenditures of the school moneys ; 4. Plans for the improvement and management of the Common School Fund, and for the better organization of the Common Schools. And — 5. All such matters relating to his office, and the Com- mon Schools of the State, as he shall deem expedient to communicate. Sec 68. It shall be the duty of the State Superinten- Apportion- dent, between the tenth and fifteenth day of March in mennt of each year, to apportion and distribute the income ol the income "'^ State Fund for the support of Common Schools, which shall have been received up to the tenth of March in each year, among the several counties of this State, and the share of each county among its respective towns and cities ; such apportionment shall be made among the several towns and cities according to the number of children in each, over the age of four, and under the age of twenty years, according to the returns thereof as made to his office for the preceding year. Sec. 69. He shall certify such apportionment to the po'^tionmentto 2 1# COMMON SCHOOL LAWS OF treasurer and give notice of same to county clerks. Where to keep his office. Copies of his papers certifi- ed to be evi- dence. Assistant state superintend- «nt. Traveling ex- penses. To report to the governor. Clerk hire. Treasurer of the State, and shall give immediate notice thereof to the Clerk of each County Board of Supervi- sors, stating the amount apportioned to his county, and to each town and city therein, and the time when the same will be payable to the Treasurer of such county. Sec. 70. The State Superintendent shall have an of- fice at Madison, where shall be deposited all papers and documents appertaining to the business of his office ; and to which place communications on the subject of Common Schools may be addressed to him. Sec 71. Copies of all papers deposited or filed in the office of the State Superintendent of Common Schools, and all acts and decisions of such Superintendent may be certified by him ; and when so certified, shall be evi- dence equally and in like manner as the originals. Sec. 72. The State Superintendent shall have power to appoint under his hand and seal an Assistant Super- intendent of Public Instruction, who shall take the constitutional oath of office, which shall be filed in the office of the Governor ; and such Assistant shall perform such duties as his principal shall prescribe, not incon- sistent with law, and shall receive an annual salary of eight hundred dollars, to be paid quarter yearly as the salaries of State officers are paid, and such Assistant shall be styled the Assistant State Superintendent, and the State Superintendent shall be responsible for all of the acts of such Assistant. Sec. 73. There is hereby appropriated annually to the State Superintendent a sum not exceeding six hundred dollars, to defray his travelling expenses in making official visits to the counties of this State pursuant to the provisions of this chapter. He may draw the same from time to time in such sums as he may specify ; but he shall not draw to exceed one hundred and fifty dol- lars in advance over and above the amount of his ex- penditures already made for the purposes herein men- tioned. Sec. 74. The Superintendent shall annua'ly submit to the Governor, with his report, a statement of his travels in making official visits during the past year, and of his expenditures for that purpose. Sec 75. There is hereby appropriated out of any moneys m the State Treasury not otherwise appropri- ated, the sum of six hundred dollars annually, to the Superintendent of Public Instruction, for the purpose THB STATE Of WISCONSIN. 11 f of defraying the expenses of clerk hire in the office of ' said Superintei^dent of PubUc Instruction ; said sum to be drawn quarterly by said Superintendent, and to be disbursed by him for the purpose herein named ; PrO' vided, That said sum of six hundred dollars shall be in full for the annual payment of all clerk hire of said Department CHAPTER CXXXVIIL— IIBNERAL LAWS, 1858. Sec. 9. Section two of chapter ninety-nine of the Annual report Genera] Laws of 1857, is hereby so amended as to ex- ^^ supeiintoB- cept the State Superintendent of Public Instruction from being required to make his annual report to the Gover- nor within ten days after the close of the fiscal year ; and said State Superintendent shall make his report, and deliver it on or before the (lOth) tenth day of De- cember in each year to the Governor, who, within three days thereafter, shall deliver the same to the contractor or person authorized to do the public printing of the State; and when printed, one thousand copies thereof shall be dehvered by the Superintendent of Public Property to the Superintendent of Public InstructioDj for the use of his Department, TITLE III.— CHAP. 13,— EEVISED STATUTES. OF THE BOARD OP COUNTY SUPERVISORS. Sec. 28. In addition to the ordinary powers and duties Special pow- of the several County Boards of Supervisors enuraera- ers of country ted in the preceding section, the following special pow- ^^^^ ". ers are conferred upon them, subject to such modifica- tions and restrictions as the legislature shall from time to time prescribe, to wit : 4. To authorize the levying and collecting of taxes for specific purposes in any town or school district, not exceeding one thousand dollars, when such town or school district is not authorized by law to levy and col- lect the same, or so large an amount; and to authorize the issuing and renewal of anv warrant for the collec- 1^ COMMON SCHOOL LAWS OF lion of town, school or road district taxes, as they shall deem just and expedient, when the sarn^is not other- wise authorized by law; Provided, A majority of the electors of such town or school district shall, at some duly organized meeting, vote that such a tax be raised. t '< : OF THE CLERK OP THE BOARD OF SUPERVISORS. County clerk Sec. 60. Whenever the Clerk of the Board of Super- to file notice yisors of any county shall receive from the State Super- ment,anVsend intcudent iiotice of the apportionment of school moneys copy to county to be distributed in the county, he shall file the same treasurer. -^^ j^jg office, and transmit a certified copy thereof to the County Treasurer; and such Clerk shall also lay a cer- tified copy thereof before the Board of County Super- visors, at their next annual meeting. To inform Sec. 61. It shall be the duty of the Clerk of the Board state superia- of Supervisors, in each county, on the last Monday in tion o°^oIinty December in each year, to transmit to the State Super- boaid con- inteudcnt, certified copies of all resolutions and pro- ceming school ceedings of the Board of Supervisors of which he is ma «rs, clerk, passed or had during the preceding year, relating to the raising of any money for school purposes, and to report the amount to be raised in each town in such county. TITLE IV.— CHAP. 15.— REVISED STATUTES. POWERS AND DUTIES OF TOWNS. Powers of Sec. 2, The qualified electors of each town shall have electors at power at any legal meeting thereof to vote to raise such ownmeeings ^^^^ ^^ money for the support of Common Schools, in addition to the amount required by law to be raised, as they may deem necessary. * * ^- * OF TOWN BOARD. Board to audit ^Ec. 81. The said Board shall also, at their annual town superin- meeting in each year, examine and audit the accounts tendentsac- of the Tov/n Treasurer, and the Town Superintendent of schools, lor all moneys received and disbursed by them as such officers. ■' * * * * THE STATE OF WISCONSIN. 13 COMPENSATION OF TOWN OFFICERS. Sec. 93. Supervisors, Assessors, Clerks of the Polls, Pay of town and Superintendents of Schools, shall be entitled to a superintend- compensation for each day actually and necessarily de- voted by them to the service of the town, and in the discharge of any of the duties of their respective offices required of them by law, of one dollar and fifty cents ; ■• ■' for each day, and at the same rates for parts of a dav. '■.-;;• TITLE v.— CHAP. 18.— REVISED STATUTES. OJ.-' THE ASSESSMENT AND COLLECTION OF TAXES. ' Sec. 53. The Board of County Supervisors, at their Amount to be annual meeting in each year, shall estimate and deter- ^^^^^ for mine the amount of moneys to be raised in each town H towns.*^ ^^ and ward in their county, for the support of Common Schools therein for such year, which tax shall be levied and collected in each year, and shall not be less than one-half the amount of school moneys apportioned to such town and ward by the State Superintendent in his last apportionment of school moneys, nor shall the amount so raised for school purposes exceed three mills r • •. j , n ,, • '^ '^ , , . .Limited. on the dollar m any one year, upon the valuations of taxable property in such county ; every such determi- nation for the raising of school moneys by the said j. , , . ,. Board shall be recorded by their Clerk, and the sum so to be recorded, determined to be raised shall be assessed and collected for the use of Common Schools in each town and ward in such county, in addition to any sum any such town or ward may have voted to raise for the support of Common Schools therein. v- Sec 54. Whenever there shall have been no distri- Ho-w amouiit bution of school moneys to any town or ward in anv "^ ^'^^°P^ *?^ ^, ^ -r, 1 c ct • ... . / ascertained year, the County Board of Supervisors shall, at their when town has annual meeting in that year, direct to be raised on the drawn no valuation of the taxable property in such town or ward, preceding"^*^^ the same per centage or proportionable amount of taxes year. for the support of Common Schools therein, as shall be required to be raised for that purpose in the other towns in such county. 14 COMMON SCHOOL LAWS OP TITLE VII.— CHAP. 24— REVISED STATUTES. 05' THE DISTKIBUTION OF THE INCOME OF THE SCHOOL FUNB. "When and to Sec, 1. The income of the State Fund for the sup- what countieB PQJ.J. ^f Common Schools, which shall be received up be distribi^ied. to the tenth day of March in each year, shall be distri- luted annually, between the tenth and fifteenth days of March in each year, or as soon thereafter as practicable, among the several counties in this State, from which reports have been received by the State Superintendent, agreeably to law. Who shall ap- Sec. 2. The Treasurer of each county shall apply for ply for school and receive of the State Treasurer the school moneys Bioney. apportioned to his county, as soon as the same shall become payable. County treas- S^^- ^' Each County Treasurer receiving such mo- urertogiveno- neys shall immediately give notice in writing to the tice of amount Treasurer of each city, and to the Town Superinten- ea^h town and dent of each town in his county, of the amount appor- city. tioned to such town or city, and shall hold the same, subject to the order of such City Treasurer or Town Superintendent. Money not Sec. 4. In case the Treasurer of any such city, or the ^AA^At°ih '^^^^^ Superintendent of any such town, shall not ap- amount°next ply foi' and receive such moneys before the next receipt tobeappor- of scliool moneys apportioned to the county, the mo- tioned, j^gyg gQ remaining with the County Treasurer shall be added to the moneys next received by him from the State Superintendent, and distributed therewith, and in the same proportion, among the several towns a!id cities entitled thereto, in such county. When counties Sec. 5. Whenever it shall not appear from the certi- not entitled to fied Statement of the Clerk of the Board of Supervisors apportionment jjj ^j^y couuty, made to the State Superintendent, that the amount required by law to be raised for school pur- poses has been directed to be raised during the year by the Board of Supervisors of such county, the Superin- tendent shall not apportion any of the State School Funds to such county, and in such case the moneys so withheld shall be added to the principal of the Com- mon School Fund. THE STATE OF WISCONSIN. '15 TITLE VII.— CHAP. 23.— REVISED STATUTES. OF COMMON SCHOOLS. SCHOOL DISTRICTS. {See ^otes A. and B.) Section 1. Whenever a school district shall be form- Notice of for- ed in any town, it shall be the duty of the Town Su- f^ationand penntendent, within twenty days thereafter, to prepare of first meet- a notice in writing of the formation of such district, Jng ^f school describing its bonndaries, and appointing a time and "'^ ' place for the first district meeting, and to deliver such notice to a taxable inhabitant of the district* Sec. 2. The Town Superintendent shall, in such no- Notice how tice, direct such inhabitant to notify every qualified served and re- voter of the district, either personally or by leaving a "™^ • written notice at his place of residence, of the time and place of such meeting, at least five days before the time appointed therefor; and it shall be the duty of such in- habitant to notify the voters of such district, agreeably to the requirements of said notice, and indorse thereon a return containing the names of the persons by him notified ; and said notice and return shall be recorded as a part of the record of the first meeting in such dis- trict.-f Sec. 3. In case such notice shall not be given, or the Notice to be inhabitants of a district shall refuse or nealect to assem- §1^^" ,° ^^^ , , r 1 • • 1 ° • n -t .of neglect to ble or form a district meeting, when so notified, or in attend first case any school district having been formed and organ- meeting, ized, shall afterwards be dissolved, so that no compe- tent authority shall exist therein to call a special district meeting in the manner hereinafter provided, notice shall be given by the Town Superintendent, and served in the manner prescribed in the preceding section.;]: * SeeForrasNos. 1, 2and3. t Nos, 4 and 5. I No. G. 16 COMMON SCHOOL LAWS OF Dutjofelec- Sec, 4. Whenever a district meeting shall be called ^'^^ in the manner prescribed in the preceding sections of this chapter, it shail be the duty of the electors of the district to assemble at the time and place mentioned in such notice. Who entitled Sec. 5. Every person shall be entitled to vote in any to vote. scho©l district meeting of this State, who is qualified to vote at a general election for State and county officers, and who shall have resided for the last ten days in the district where he or they may offer to vote. Challeno-e and ^^^- ^- ^^ ^^'J pc'isou offering to vote at a school dis- proceedings trict meeiiug, shall be challenged as unqualified by any thereon. legal voter in such district, the Chairman presiding at such meeting shall declare to the person challenged, the qualifications of a voter, and if such person shall declare that he is a voter, and if such challenge shall not be withdrawn, the Chairman shall tender him the following oath or affirmation : " You do solemnly swear (or affirm as the case may be) that you have been an actual resident of this school district for the last ten days, and that you are qualified according to law to vote at this meeting," And every person taking such oath or affirmation, shall be permitted to vote on all questions proposed at such meeting, but if any person shall refuse to take such oath or affirmation, his vote shall be rejected. When district Sec, 7. Every school district shall be deemed duly deamed organ- organized when any two of the officers elected at the ized. ^j.gj legal meeting thereof, shall have consented to serve for the offices to which they have been respectively elected, by a written acceptance thereof filed with and recorded by the clerk ; and every school district shall be considered as legally organized after it shall have exercised the franchises and privileges of a district for the term of two years,* Districts to be Sec, 8. Every school district organized in pursuance bodies corpo- Qf j)^[s chapter, or which has been organized under any l^twnrf ^ *^" previous law of the State or Territory of Wisconsin, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of " School district number (such num- ber as shall be designated by the Town Superintendent in the formation thereof) of " (the name of the town or;towns in which the district is situate,) and in * See Form No. 7. powers THE STATE OF WISCONSIN. 17 that name shall sue and be sued, and be capable of contracting and being contracted with, and of holding such real and personal estate as is authorized to be purchased by the provisions of this chapter, and of selling the same. DISTRICT MEETINGS. Sec. 9. The annual meeting of each school district Annual meet- shall be held on the last Monday of September in each ing. when held year ; the hour of such meeting shall be six o'clock in the afternoon, unless otherwise provided by a vote of the district, duly recorded, at the last previous annual meeting. Sec. 10. No annual meeting shall be deemed illegal when aanual for want of due notice, unless it shall appear that the meeting not il- omission to give such notice was willful and fraudu- j^^^^^jl^Jg ^^"^^ lent,* Sec. 11. The inhabitants qualified by law to vote at Po-^^rers of an- a school district meeting, when assembled at the first nual district and each annual meeting in their district, shall have meeting. power — 1st. To appoint a Chairman for the time being. 2d. To adjourn from time to time as occasion may require. 3rd. To choose a Director, Treasurer and Clerk. 4th. To designate a site for a district school house. 5th. To vote such tax on the taxable property of the district, as the meeting shall deem sufficient to purchase or lease a suitable site for a school house, and to build, hire, or purchase such school house, and to keep in re- pair and furnish the same with the necessary fuel and appendages. 6th. To vote a tax on the taxable property of the dis- trict of such sum as the meeting shall deem proper for the pay of teachers' wages in the district. 7th. To authorize and direct the sale of any school house, site, or other property belonging to the district, when the same shall no longer be needful for the use of the district, 8th. To impose such tax as may be necessary to dis- charge any debts or liabilities of the district lawfully in- curred. 9th. To vote a tax not exceeding twenty dollars in * See Form No. 8, II «OMMON SCHOOL LAW3 OF any one year lor the purchase of globes, black boards, outline maps, or any apparatus for illustrating the prin- ciples of agrictilture, chemistry, or the mechanic arts. 10th. To give such direction and make such provi- sion as may be deemed necessary in relation to the pro- secution or defence of any action or proceeding in which the district may he a party or interested. 11th. To alter, repeal and modify their proceedings as occasion may require. Sec. 12. Special district meetifigs may be called by the Clerk, or in his absence, by the Director or Treas- urer, on the written request of any five legal voters of the district, by notifying all the legal voters in such district; and the inliabitants qualified by law to vote, when lawfully assembled at a special meetihg, shal: have power to transact the same business as at the first and each annual meeting.* If election not Sec. 13. Whenever the time for holding an annuas Md atandual meeting in any district for the election of district ofR- Special mcet- ings how called, and Tfhat business Baav Ijansact. meeung, how sneciai meet- '^^'"^ shall pass without such election being held, the img called for Clerk, or in case of his absence, either the Director or that purpo&p. Treasurer last elected, within twenty days after the time of holding such meeting shall have passed, may notify a special meeting for such election in the maimer pre- scribed in the twelfth and twenty-ninlh sections of this chapter; but if such meeting shall not be notified within twenty days as aforesaid, the Town Superintendent may order any taxable inhabitant of such district to notify such meeting in the manner provided in this chapter for the formation of a new district ; and the officers chosen at such special meeting shall hold their offices until the time for holding the next annual meeting.f Sec. 14. No tax to be voted by a district meeting fo^ building, hiring or puichasing a school house, shall ^s'on.exceptin exceed the sum of five hundred dollars, unless the Town <'*i"t«in <^a^^^"'- Superintendent of the town in which the school house is to be situated, shall certify in writing his opinion thai a larger sum ought to be raised, and shall specify the sum, in which case a sum not exceeding the sum so specified may be raised; and in districts composed of parts of several towns, the certificate of a major part of the Superintendents of said towns shall be necessar for such purpose.! Tas to build school house not to exceed * See Form No. 9. t Nos 6 and 9. t No. 11. THE STATE OF WISCONSIN. "1® Sec. 15. The qnalified voters, at each aininiial meet- What voters ing, may determine the length of time a school shall be ™?y deter- taught in their district the then ensuing year, which meetillg^""!?'^ shall not be less than three months, and whether such therneglecfc, school shall be taught by a male or female teacher, or ^J"^ ^"a/d to both, and whether the school moneys, to which the dis- game'""^ trict is entitled from the Common School Fund and from the town, shall be applied to the support of the summer or winter term of the school, or a certain por- tion to each; but if such matters shall not be determin- ed at the annual meeting, the District Board shall have power and it shall be their duty to determine the same. DISTRICT OFFICERS AND THEIR DUTIES. {See Note G.) Sec. 16. The officers of each school district shall be District offi- a Dirfctor, Treasurer and Clerk, who shall hold their ceis, how long respective offices three years, and until their successors to serve, shall have been chosen or appointed, but not beyond ten days after the expiration of their term of office, without being again elected or appointed ; Provided^ That at the first annual election of district officers after the passage of this act, and at the fir^t election of such officers in any newly organized district, the Clerk shall be chosen for one year, the Treasurer for two years, and the Director for three years ; and thereafter each officer shall be chosen for three years. Any person present at g ^^ ^.jg . a school district meeting at which he shall be elected of their elec- one of the District Board, shall be deemed to be noti- tJ"">and-wheia fied thereof, and any person so elected, and not present, hav™accepted. shall be notified thereof by the Clerk of such meeting within five days thereafter; and unless each person so elected arid notified shall, within ten days after his elec- tion, file with ttie Clerk his refusal in writing to accept the office, he shall be deemed to have accepted the same ; and any person appointed to fill a vacancy shall file with the Clerk his acceptance in writing before en- tering upon the duties of the office to which he has been appointed.* DIRECTOR. Sec. 17. It shall be the duty of the Director of each Duties of di= district to sign, together with the Clerk, all orders drawn rector. * See Forms Nos. 7, 12, 13 and 2]. ^120 COMMON SCHOOL LAWS OF by the Clerk upon the Treasurer of the district for mo- neys received by him to be disbursed therein.* Duties of di- Sec. 18. The Director shall appear for and on behalf Tector. of the district, in all af;tions brought by or against the district, when no other direction shall be given by the qualified voters of such district at a district meeting. TREASURER. Duties of trea- Sec, 19. It shall he the duty of the Treasurer of each surer. district to apply for and receive from the Town Super- intendent, all school moneys apportioned to his district, and pay over on the order of the Clerk and Director of such district all moneys so received by him.f His annual re- Sec. 2 _}. The Treasurer shall present to the district at P*''"^- each annual meeting a report in writing, containing a statement of all moneys received by him daring the preceding year, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor ; also a statement of all taxes assessed upon the taxable property of the district during the year, the purposes for which such taxes were assessed, and the amount assessed for each particular purpose, To pay over which report shall be recorded by the Clerk ; and if it rnoneys. ^ shall appear that any balance of moneys is in the hands of such Treasurer at the time of making his final report, he shall immediately pay over such balance to his suc- cessor in ofRce.J i Too-ivebond Sec. 21. The Treasurer shall, within ten days after] otherwise of- ' his election, execute to the district a bond in double the fice vacant. amount of money, as near as can be ascertained, to come into his hands as Treasurer, with sufficient sure- ties, to be approved by the Director and Clerk, condi- tioned for the faithful discharge of the duties of his office ; and if he shall fail so to do, his office shall be vacant.§ When filed ^^^- ^2. Such bond shall be filed with the Clerk, an and how pros- in case of any breach of the condition thereof, the Di-j ecuted. rector shall cause an action to be commenced thereo in the name of the district, and the money, when col- lected, shall be applied by such Director to the use oi the district, as the same should have been applied by the Treasurer. * S<--e Form No. 14. t Note C. t Form No. 15. § Form No. 16. THE STATE OF WISCONSIN. 21 Sec. 23. If the Treasurer shall fail to give a bond as When board s required in this chapter, or shall decline to accept his ™ay appoint office, the said Board shall appoint a Treasurer, who ^^^^^*®^- shall possess all the powers of the District Treasurer, and shall, before entering upon the duties of his office, give a bond to the district in double the amount of moneys to come into his hands, as near as can be as- certained, in the same manner and with the same effect as the District Treasurer is required to give. Sec. 24. If such Treasurer shall refuse or neglect to when treasur- pay over any balance remaining in his hands, it shall er to prosecute be the duty of his successor in office to prosecute with- predecessor out delay his official bond for the recovery of such bal- ance. CLERK. Sec. 25. It shall be the duty of the Clerk of each dis- Duties of clerk trict to record the proceedings of his district in a book to be provided by the district for that purpose ; to enter therein copies of all reports made by him to the Town Superintendent, and to keep and preserve all records, To keep rec- books, and papers belonging to his office, and deliver "• the same to his successor in office.* Sec. 26. He shall be Clerk of the District [Board], and If absent from of all district meetings when present, but if he shall district meet- °,. . ^. ', Tr!j ^ iHS electors t© not be present at any district meeting, the quahned vot- appoint a clerk ers present may appoint a Clerk of such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the Clerk of the district. Sec 27. The Clerk shall contract with and hire qual- To hire teach- ified teachers for and in the name of the district ; which er- contract shall be in writing, and shall have the consent iJ'^rftino-. of either the Director or Treasurer, or both, endorsed thereon, and shall specify the wages per week or month as agreed upon by the parties, and such contract so com- pleted shall be filed in his officaf Sec. 28. The District Board shall provide the neces- Board to pro- sary appendages for the school house, and keep the same appenda^^^ in good condition and repair during the time a school school house. shall be taught therein ; and they shall keep an accurate account of all expenses incurred by them, and present such account for allowance to the qualified voters at a regular district meeting ; and the amount of such ac- * See Note B. t See Form No, 17. f 2 0OMMON SCHOOL LAWS OF count as allowed by such meeting may be assessed and collected in the same manner as other district taxes, but no such account shall be allowed at a special district meeting unless the intention to present the same shall be specified in the notice for such meeting. CSerfeiogive Sec. 29. It shall be the duty of the Clerk to give at Mzdaysnotice jg^g^ gj^ ^jg^^g previous notice of every annual and of each annual .,,.■:•., ■'. ,/. amd special special district meeting, by posting up notices therefor meetinp:. in iour or more public places in the district, one of which notices shall be affixed to the outer door of the school house, if there be one in the district ; and he shall give the like notices for every adjourned district meeting, when such meeting shall have been adjourned What notice of fQ J. j^ longer period than one month ; every notice for a apecial meet- • i ? ■ in • /■ i i • ^ r ing to specify, special district meeting shall specify the objects tor which such meeting is called, and no business shall be acted upon at any special meeting which was not specified in such notic<*. Ckrb to report ^^^' ^^' ^^ shall be the duty of the Clerk, between to Town su- the first and fifteenth days of Julyf in each year, to pmntendent. make and transmit a report in writing, sigtjed by him, to the Town Superintendent, dated on the first day of July,| in the year in which it shall he transmitted, showing :§ "See Forms Nos. 6, 9, 10. fThese dates and inontlis are not as they were iritendod by the State Superintendeni arid Chairman of the Senati- Comiuiliee on Eriucation, ■who prepared iho bill, which pa-ised on the last evetjing of the nessioa of 1858; and by some unaccouiitablt^ mistake in the hurry consequent upon the close f the session, these en ors tiecame incorporated in the law. As it i.4 impossible to carry them into effect this year, and would piove, if enforced, a great hardship npon such districts an have only a three montlis' school, and that in the summer, the State Superintend- ent, with the consent and approval of the Governor, hereby directs the District Clerks to make their annual reports, until otherwise directed, as follows : The school year, as f>rinerly, to clwsa Antjust 3Ist ; their reports to bear date Septf.mber \sf, and to be maile to the Town Super- intendents betweeri the fird and tenth dai^s of September. Thus will the Town Superinteiiilents be enatiled. as l\w law requires, to make their repoits between the fifteenth and twenty fifth day a of September ; and the Cleiks of the Beards of Supervisors to make theirs on or be- fore the tenth dav of October ; and the State Superiritendent, on or before the tenth of December. The law with reference to the close of the school year, ad the time for the District Clerks to make their re- ports, will doubtless be amended at the next session of thcs Legialatnre so as to correspond with the instructions above given. tSce preceding Note, directing September to be substituted for July. $Sec Form No. 18. THE STATE OF WISCONSIN. 23 IsL The number of children, male and female, des- Report, whafc Ignaied separately, residing in the district on the last toshow. day of June* previous to the date of such report, over the age of four, and under the age of twenty years ; 2nd, The number attending school duririg the year under the age of four, and the number over the age of twenty years ; 3rd. The whole number that have attended school during the year.; 4th. The length of time a school has been taught during the year by a qualified teacher, the name of each teacher, the length ot time taught by each, and the wages paid to each ; 5th. The average length of time scholars over the age of four and under the age of twenty years, have attended school during the year ; 6th. The amount of moneys received from the Town Superintendent within the year, and the manner in which the same has been applied ; 7th. The amount raised by the district in such year, and the purposes for which it was raised ; Sth. The kind ol books used in the school ; 9th. Such other facts and statistics in regard to the school and the subject of education as the State Super- intendent may direct. Sec. 31. The State Superintendent is hereby author- stategHpem- ized and required, on or before the 1st day of June in te'ident tofu*^ each year, to furnish to each School District Clerk in forms. the Slate, a blank form, upon which such officer shall make his annual report to the Town Superintendent of his own town. Sec. 32, It shall be the duty of the Clerk to draw ^, , <- j- J 1 m c I J- • J- ■ L. Clerks to dfaw orders on the Treasurer of the district tor money m the orders on trea- hands of such Treasurer, which has been apportioned surer, to, or raised by, the district, to be applied to the pay- ment of teachers' wages, and apply said moneys to the payment of such teachers as shall have been etnployed by him in the name of the district, and also to draw Money, bov orders on said Treasurer for moneys in his hands, to °'^'>^^»- he disbursed for any other purpose for which the same shall have been voted by the distiict, agreeably to the provisions of this chapter: Provided, Said orders shall be signed by the Dlrector.f * This should be August. i See Form No. 14. 24 COMMON SCHOOL LAWS OF Clerk to fur- Sec. 33. The Clerk of each school district shall fur- nish register, nish, at the expense of the district, a school register, in tain and where *^® ^°^^^^ prescribed by the State Superintendent, in t» be deposit- which ev.ery teacher in the district shall be required to ed. enter the names, ages, and studies of all the scholars attending school, and daily their attendance and ab- sence ; which register shall be deposited with the Clerk at the end of each term ; and any teacher who shall willfully neglect or refuse to comply with the require- ments of this section, shall forfeit his or her wages for teaching in such district.* OF THE ASSESSMENT AND COLLECTION OF SCHOOL DISTRICT TAXES. (See Note D.J District Clerk Sec. 34. The Clerk of each school district shall, on to furnish or before the fourth Monday of November in each wi^'a verified year, deliver to the Town Clerk in which the district is statement of situated, a Statement in writing, verified by his affidavit, all taxes Tot«d showing the amount of the tax or taxes voted to be raised T f ■ h list ^^ ^^^ ^^^^ preceding annual meeting, or at the first meet- of persons and ing after the organization of the district, or both, as the corporations case may require, together with a list of all persons and liable to tax. corporations liable to a school district tax therein. In How to pro- c^se of a joint district he shall deliver to the Town ceed in case of Clerk of each town in which any part of the district is joint district, situated, a statement so verified, showing the propor- tion of the tax to be assessed in that part of the dis- trict within such town, together with a list of all per- sons and corporations liable to a school district tax in that part of the district. Such proportion shall be ascertained from the valuations contained in the last assessment rolls of the respective towns ; and to ena- ble the District Clerk to ascertain the same, the town Clerk of each such town, shall, on demand, at any time after he has received the equalized assessment Town Clerk to ^oll of his town, deliver to the clerk of any such joint furnish certi- district, a certified statement of the valuation of real ^f "^ l^ue^S^"* ^^^^ personal property in that part of such district lying property. within his town, as the same appears from said assess- ment rolLf T how as- ^^^" '^^' '^^® Town Clerk shall assess such tax, or sessed and col- the due proportion thereof, upon the real and personal * See Form No. 19. t See Forms Nos, 20 and 21. THE STATE OF WISCONSIN. 25' property liable thereto, placing the same in a separate column in the next assessment roll of his town, deliv- ered to the Town Treasurer for collection, whenever such certificate of the District Clerk shall be received by him in time therefor, although after the fourth Monday of November. And if for any reason such tax shall not be assessed in the next assessment roll after the tax is voted, it shall be assessed in that of the next succeeding year. The tax shall, in all respects, To whom paid be collected or returned delinquent like other taxes, and when collected the money shall be paid over to the District Treasurer. And whenever any part and not the whole of the taxes for all purposes assessed in When part to the assessment roll to any person or corporation, or ^ ^^^ ' upon any real estate, shall be collected by the Town Treasurer, he shall pay over the due proportion of the amount collected by him to the District Treasurer. Sec. 36. It shall be the duty of the Town Treasu- Delinquent rers of the several towns to pay over to the Treasurers taxes ho-wpaid of the several school districts in their respective towns, on demand, the amount of all school district taxes re- turned to the County Treasurer of their respective counties as delinquent, whenever the same shall have been collected and paid over by said County Treasu- rers to such Town Treasurers ; or if any such Town Treasurer shall receive credit from the County Treasu- rer, for such delinquent tax, or any part thereof, on account of any demand or claim due from such town to said county, then said Town Treasurers shall pay over the amount of such delinquent tax, or the part for which credit has been so received, to the Treasurer of the proper school district, on demand thereafter. [Section 2, of An Act approved May 17th, 1858, and published June 1st, 1858, reads as follows: [Sec. 2. So much of chapter nineteen of the Revised Statutes as relates to the assessment and collection of school district taxes, is hereby revived for the purpose of assessing and collecting any tax that may be voted at any special meeting, in accordance with the provi- sions of section one of this act. — See Sec, 12, page 18. [And the following are the sections of the Revised Statutes of 1849 thus revived, and applicable to the 4 u COMMON SCHOOL LA\yS OP Tax list wLat to contain. Assessmeni ftow made. collection of school district faxes that may be voted at any special meeting : — Taices bow as- [Sec. 66. All taxes raised and collected in any school district, for any of the purposes authorized by the pro- visions of this chapter, except when otherwise provi- ded, shall be assessed on the same kind of property as taxes for town and county purposes are assessed. [Sec. 67. The Clerk of each school district, in making out any tax list, shall enter therein the names of all persons liable to pay a school district tax in such dis- trict, the amount of personal property to be taxed to each such person, and a description of all the taxable real estate in such district, and he shall set opposite to each description of taxable property the valuation of the same and the amount of tax charged upon such property, and to each person respectively; such de- scription and valuation of taxable property shall be ascertained so far as possible from the last assessment roll of the town, [Sec. 68. Whenever any real estate in any school district shall not have been separately valued in the assessment roll of the town, and the valuation of such real estate cannot be definitely ascertained from such assessment roll, the District Board of such district shall estimate the value of the same, in proportion to the valuation affixed in said assessment roll to the whole tract of which such lot or piece of land forms a part, Howaltered, [Sec 69. Whenever a school district embraces a part of more than one town, the Town Superintendents of the towns so in part embraced, upon applicarion of any three persons liable to pay taxes in such district, shall proceed to enquire and determine whether the valua- tions of ta:?fable property in the assessment rolls of such towns are just, as compared with each other, in respect to such district, and if considered not to be so, they shall determine the relative proportion of taxes to be assessed upon the real estate of the parts of such dis- trict so lying in different towns; and any tax thereafter to be raised in such district, shall be apportioned and assessed according to such determination, until the pame shall be alrered upon a like application and de- termination as before mentioned; and in cases where the Superintendents cannot agree as to such valuatioQ, they shall summon a Superintendent from an adjoin- THE STATE OF WISCONSIN. 2T ing town, who shall unite in such inquiry and deter- mination. [Sec. 70. The warrant annexed to any tax list shall Wairant what be under the hand of the Clerk of the district, and to contain, shall command the Treasurer of such district to collect from each of the taxable persons and corporations named in such tax list, and of the owners of the real Treasurer to estate described therein, the several sums set opposite rante"**^^'^^ to the persons and corporations so named, and to the several tracts of land so described, within lorty days from the date thereof, and within ten days from the date of such warrant, to personally demand such tax of the persons charged therewith in such lists, if they be found within his town ; and that if any such tax shall not be paid within said ten days, to collect the same by distress and sale of personal property, in the same manner as Town Treasurers are authorized to collect town and county taxes ; and the said Treasurer shall execute said warrant and return the same to the Clerk at the expu'ation of the time limited therein for the collection of such tax list.'^ [Sec. 71. If any tax on real estate, in any tax list de- Proceedings livered to the Treasurer of any district, shall remain ^^?° **^®^.^" unpaid at the time he is required by law to return his ^^^^ ^^^^' warrant to the C'erk of the district, such Treasurer shall make out and deliver to the Town Clerk of his town, a statement in writing, containing a description of the lots and pieces of land upon which such taxes remain so unpaid, together with the amount of tax as- sessed to each ; and he shall make and subscribe an affidavit to such statement before some Justice of the Peace, or other person auihorized to administer oaths, that the taxes mentioned in such statement remain un- paid, and that after diligent efforts he has been unable to collect the same; and whenever atjy school district shall embrace parts of more than one town, such Treasurer shall make his return, as aforesaid, to the Town Clerks of the towns in which such parts of such district shall be situated. [Sec. T2. The Town Clerk, upon delivery to him of Certificate oi such statement, shall give a certificate to the Treasurer be given to of the amount of taxes so remaining, unpaid, as the -®^"^'^' same shall appear from the statement of such Treasu- ' See Forms 34 and 3.'). 28 COMMON SCHOOL LAWS OF Uupaid taxes to be entered in next assess- ment roll. Warrant may be executed out of town or county. Errors in tax list may be corrected by board. How warrant renewed. When tenant paying taxes may recover same of owner, rer ; which certificate shall be deposited by the Treas- urer with the District Clerk, and shall be filed by such Clerk. [Sec. 73. Such Town Clerk shall, on making out the duplicate assessment roll of the town next thereafter, enter such unpaid taxes in a separate column therein, opposite to the description of the land upon which the taxes so remain unpaid, and such taxes shall be collect- ed in the same manner as town and county taxes are collected ; and when so collected shall be paid over to the Town Superintendent of such town, who shall pay the same to the Treasurer of the district in which such taxes were originally assessed. [Sec. 74. The warrant issued by the Clerk of any school district for the collection of any district tax au- thorized to be raised and collected by any of the pro- visions of this chapter, may be executed in any other district or town in the same county, or in any other county in which any part of such district is situate, when the district is composed of parts of two or more adjoining counties, and such warrant shall have the like force and effect as a warrant issued by a Town Clerk lor the collection of town and county taxes ; and the Treasurer of the district to whom any such war- rant may be delivered for the collection of a tax list, shall possess the like powers in the execution of the same as are conferred by law upon the Treasurers of towns in the collection of town and county taxes. [Sec. 75. Whenever any error shall be discovered in any district tax list, and made to appear to the District Board, they may order any moneys which may have been improperly collected on such tax list, to be refund- ed, and may authorize and empower the Clerk to amend and correct such error in said tax list. [Sec. 76. Whenever the Clerk of any district shall deem it necessary, he may renew the warrant annexed to any tax list, in his district, for thirty days, but he shall have power to renew such warrant but once with- out the consent of the Superintendent of the town in which the school house of such district shall be loca- ted, which consent shall be endorsed on such warrant. [Sec. 77. When any district tax shall be lawfully as- sessed and paid by any person on account of any real property whereof he is only a tenant at will or for any period not exceeding three years, such tenant may THE STATE OP WISCONSIN. 29 charge and collect of the owner of such real estate the amount of the tax so paid by him, unless some agree- ment to the contrary shall have been made by such tenant.] DISTRICT BOARD. {See Mote E.) Sec. 37. The Director, Treasurer and Clerk, shall t^^^e^jjig^^f^ft ^" constitute the District Board. Board. Sec. 38. They shall purchase or lease such a site for Their powers a school house as shall have been designated by the and duties, district, in the corporate name thereof, and shall build, hire, or purchase such school house out of the funds provided for that purpose, and make sale of any school house site or other property belonging to the district, and if necessary execute a conveyance of the same in their name of office, when lawfully directed by the qualified voters of such district at any annual or spe- cial meeting.* Sec. 39. The said Board shall have the care and To have care of keeping of the school house and other property be- ^^'^°°^^^^^''^' longing to the district, except so far as the same shall be especially confided to the care of the Clerk, inclu- ding all books purchased by the district for the use of any children. Sec. 40. The said Board shall have power to fill, by When to fill appointment, any vacancy that shall occur in their 'l^^'^^J "^ own number, within ten days after such vacancy shall mimber, and occur; and if such vacancy shall not be filled within whenSuperin- ten days, as aforesaid, by said Board, it shall be the ^^'"^^"^ ^^^^^• duty of the Town Superintendent to fill such vacancy by appointment.f Sec 41. The District Board may purchase, at the When Board expense of the district, when families or suardians ^^ purchase 111 ^-11 711,1 school books may not be able to furnish the same, such school books for children. as in their judgment may be necessary for the use of any children attending school in their district, and they may include the amount of such purchase in any tax to be collected in such district. WHAT SHALL BE TAUGHT IN SCHOOLS. Sec. 42. The Board in each school district shall have Board to de- )\ver, under the advice of the Superintendent of Pub- termine wha books to be * See Forms Nos. 22 and 23. t See Form No. 24. used, se COMMON SCHOOL LAWS OF lie Instruction, to determine what school and texi books shall be used in the several branches taught in the school of such district. What to be ^EC. 43. In every district school there shall he. taught in dis- taught, in the English language, orthography, reading, tnrtfechoolfi. -writnig, English grammar, geography and arithmetic, during the time such school shall be kept, and such other branches of education as may be determined upon by the Board. Town Super- intendent to give bond. Penalty of boBd, Condition of, and how ap- proved and filed. Duties of Town Super- jotendent. TOWN SUPERINTENDENT AND HIS POWERS AND DUTIES. (SceMleF.) Sec. 44. It shall be the duly of the Town Superin- tendent of Common Schools, withia ten days after he shall have been notified of his election or appointment, to execute to the Chaiiman of Supervisors of his town, and file with the Town Clerk, a bond with one or more sufficient sureties, to be approved by the said Chairman of Supervisors, by indorsement over his signature on said bond, with a penalty, as near as can be ascertained, of double the amount of all the school moneys to come into his hands during the term of his office, and conditioned for the faithtui application and legal dis- bursement of all such school moneys according to law, and for the faithful discliarge of ^11 the duties of his office ; and in case such bond shall not be executed, approved and filed within the time prescribed in this section, the office of such Town Superintendent shall be deemed vacant.* Sec. 45 It shall be the duty of the Town Superin- tendent in each town — 1st. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter provided. 2nd. To describe and number the school districts, and to deliver the description thereof and numbers in writing, to the Town and District Clerk, immediately after the formation or alteration thereof. 3rd. To apply for and receive from the County Treasurer, all moneys apportioned for the use of Com- mon Schools in his town, and from the Treasurer of the town, all the moneys raised therein for the same purpose. * See Form No. 32. THE STATE OF WISCONSIN. 31 4tb. To apportion the school moneys received from the Town and County Treasurers, on the third Mon- day in March in each year, or as soon thereafter as he shall receive the same, to the several districts and parts of districts within the town, in proportion to the num- ber ot children residing in each, over the age of four and under the age of twenty years, as the same shall have appeared from the last annual reports of their respective Clerks. 5th. To see that the annual reports of the Clerks of the several school districts in his town, aie made cor- rectly and in due time. 6th. To sue for and collect in his name of office, all penahies and forfeitures imposed in this chapter, which shall be incurred by any otficer or inhabitant of his town, and in respect to which no other provision is made. Sec. 46. It shall be the duty of the Town Superin- To make re- tendent, between the fifteenth and twenty-fifth days of port- September in each year, to make and transmit to the Clerk of the Board of Supervisors of the county, a re- port in writing, bearing date on the fifteenth day of September, in the year of its transmission, stating — * 1st. The whole number of school districts separately What report set on within the town ; 2nd. The districts and parts of districts from which reports shall have been made to him or his immediate predecessor in office, within the time limited for that purpose 5 3rd. The length of time a school shall have been taught in each of such districts or parts of districts, disunguishing what portion of that time the school has been taught by qualified teachers ; 4th. The amount of public moneys received in each of such districts and parts of districts ; 5ih. The number of children taught in each, and the number of children over the age of four and under the age of twenty years, residing in each ; 6th. The whole amount of moneys received by him from his predecessor in office, since the date of the last preceding report, distinguishing the amount received from the County Treasurer, from the amount received from the Town Treasurer, and from other sources, if any; * Form No. 25. 32 COMMON SCHOOL LAWS OF 7th. The manner in which such moneys have been expended, and whether any and what part remains unexpended, and for what cause ; Sih. The amount of money raised in the districts and paid for teachers' wages, in addition to the public money paid therefor; the amount of taxes raised for purchasing school house sites, for building, hiring, pur- chasing, repairing and insuring school houses ; for fuel, for district libraries, or for any other purpose al- lowed by law, in the districts or parts or districts from which reports have been received by him, or his pre- decessor, since the date of the last preceding report, with such other information as the State Superinten- dent may from time to time require. Moneys not to Sec. 47. No moneys shall be apportioned to any dis- beapportioned trict or part of a district, unless it shall appear, by the "rilght three ^ report thereof, that a school has been taught therein, Tnonths, and for at least three months during the year ending at the Scbool Fund (j^te of such report, by a qualified teacher, and that all ™Temled^^ "^ school moneys received during that year from the School Fund have been applied to the payment of the wages of such teacher; and no portion of the library money shall be apportioned to any district or part of a Library mon- district, uuless it shall appear from the last annual re- ey when not to port thereof, that the libiary money received at the beappoitioned Jg^gj. pj-gceding apportionment was duly expended ac- cording to law, before the first day of July* subsequent to such apportionment, and that such district has com- plied with the regulations established by the State Su- perintendent in relation to district libraries. Superintend- Sec. 48. The Tovvu Superintendent, in each town, count orSon- ^^^^^ ^^^^ ^ J^^^^ ^^^^ ^™*^ accouut of all school mon- ey received eys received and expended by him during each year and expended, {qj- which he shall have been chosen, and shall lay the same before the Board of Auditors of Town Accounts, at the annual meeting ot stich Board in each year. To render ac- Sec. 49. The Town Superintendent of Schools in count to sue- q^q^^ town, shall, within ten days after the termination ccssor of his office, render to his successor in office, a just and true account, in writing, of all school moneys re- ceived by him during the preceding year, and of the manner in which the same shall have been appropria- ted and expended by him; and the account so ron- *See Note to Section 30, page 22. THE STATE OP WISCONSIN. 33 dered shall be delivered by such successor in office to the Town Clerk, to be filed and recorded in his office. Sec. 50. On rendering such account, if any balance ,p shall be found remaining in the hands of such Town to successor. Superintendent, the same shall be immediately paid by him to his successor in office. Sec. 51. Such successor in office shall bring an ac- Successor to tion upon the official bond of any previous Town Su- bring suit, perintendent, for the recovery, with interest, of any unpaid balance of school moneys that shall appear to have been in his hands on leaving his office, either by the accounts rendered by such Town Superintendent, or by other sufficient proof. Sec. 52. The Town Superintendent in each town, guperinten- shall have the powers and privileges of a corporation, dent to have so far as to enable him to take and hold any property powers of a transferred to him for the use of Common Schools in '^'^^P**^^ ^®°' such town. Sec, 53, The Town Superintendent shall be entitled Pay ofSuper- to receive one* dollar per day for every day actually intendent. and necessarily devoted by him, in his official capaci- ty, to the service of the town for which he may be -chosen, the same to be paid in like manner as other town officers are paid. Sec 54. If, after the time when the annual reports of Apportion- the school districts are required to be dated, and before ment by Su- the apportionment of school moneys shall be made, a fa'case of ^- district shall be duly altered, or a new district shall be vision of dis- formed in the town, so as to render an apportionment, *"ct. founded on such annual reports, unjust as between two or more districts of the town, the Town Superintendent shall make an apportionment to such districts accord- ing to the number of children in each over the age of four, and under the age of twenty years, ascertaining that number by the best evidence in his power. Sec. 55. All moneys apportioned by the Town Su- ^^j^g^ moneys perintendent, to any district or part of a district;, which to be added to shall have remained in the hands of said Town Super- °®^* appor- intendent for one year after such apportionment, by reason of such district or part of district neglecting or refusing to receive the same, shall be added to the moneys next thereafter to be apportioned by such *The Revised Statutes of 1858, fix t compensation at $1 50 a day. Sae Title iv. Chap. 15, Sec, 93. 5 34 COMMON SCHOOL LAWS OF Town Superintendent, to the several districts and parts of districts in such town, and apportioned therewith. Teachers, how and by -whom examined. Certificate, form of. By whom granted in case of joint dis- trict. May annul certificate. Note to be made and filed Re-examina- tion,/when may be. To visit fichools. INSPECTION AND SUPERVISION BY TOWN SUPERINTENDENT. (See Note G.) Sec. 56. It shall be the duty of the Town Superin- tendent to examine annually all persons offering them- selves as candidates for teachers of Common Schools in his town, in regard to moral character, learning, and ability to teach school; and he shall deliver to each person examined and found qualified, a certificate signed by him in such form as shall be prescribed by the State Superintendent; which certificate shall be in force for one year from the date thereof, unless an- nulled within that time, and no person shall be deemed a qualified teacher within the meaning of this chapter who has not such a certificate in force. A certificate granted by any Town Superintendent, as provided in this section, shall not be deemed a legal qualification of a teacher within the meaning of this chapter in joint school districts, except in cases where the school house is situated in the town for which the Superintendent granting the certificate was chosen.* Sec. 57. The Town Superintendent may annul any such certificate, given by him or his predecessor in office, when he shall think proper, giving at least ten days previous notice in writing to the teacher holding it, and to the District Board of the district in which he may be employed, of his intention to annul the same. Sec 58. The annulling of a certificate shall not dis- qualify the teacher to whom it was given, until a note containing the name of the teacher, and the time when the certificate was annulled, shall be made by the Town Superintendent, and filed in the office of the Town Clerkf Sec. 59. The Town Superintendent, whenever he shall deem it necessary, may require a re-examination of all or any of the teachers in his town, for the pur- pose of asceitaining their qualifications to continue as such teachers. Sec. 60. It shall be the duty of the Town Superin- tendent to visit all such Common Schools. 'See Form No. 26. tSee Form No. 27 and Note G. THE STATE OF WISCONSIN. 35 Sec. 61. At such visitation, the Town Superinten- Duties as visi- dent shall examine into the state and condition of such tor. schools, both as respects the progress of the scholars in learning, and the good order of the schools, and may give his advice and direction to the Boards of Direc- tors and the teachers of such schools, as to the gov- ernment thereof, and the course of studies to be pur- sued therein. OP FORMATION AND ALTERATION OF SCHOOL DISTRICTS. (See Note H,) Sec 62. Whenever the Town Superintendent shall Notice of in- contemplate an alteration of the boundaries of a school Mention to alter , . . ^, , , , . 1 ^1 • • • district to be district, he shall give at least five days notice m writ- given. ing to the Clerk of the district or districts to be affected thereby, stating in such notice the time and place when and where he will be present to hear and decide upon such proposed alteration ; and it shall be the duty of such Clerk or Clerks immediately to notify the other mem- Whomaycon- bers of the Board. In hearing and deciding upon the stitute Board alteration of a school district, the District Board of the district or districts to be affected by such alteration may apply to the Chairman of the Town Board of Supervisors and Town Clerk, to be associated with the '^'own Superintendent, and a majority of the Board so unless appeal- constituted shall be necessary to make any change in ed from, the boundaries of a school district, and their action shall be final unless duly appealed from.* Sec. 63. In all cases where an alteration of the ^^^^ g gj.„ boundaries of a school district shall te made, the intendent to Town Superintendent shall, within three days thereaf- ^"^ notice of ter, give notice thereof, by filing a copy of the order so altering the same with the Clerk of the district or dis- tricts affected by such alteration ; and no alteration of any school district, made without the consent of a majority of the District Board indorsed on such order, shall take effect until three months after notice given as above specified, nor shall any alteration of an organ- ^^trict'when ized school district be made to take effect between the to take effect, first day of December in any one year, and the first day of April following.f Sec. 64. When a new district is formed, in whole or when new in part, from one or more districts possessed of a district formed property to be * See Form No. 28. tSee Forms Nos. 29 and 31. divided. ill COMMON SCHOOL LAWS OF How division school house, or entitled to other property, the Town Superintendent, at the time of forming such new dis- trict, shall ascertain and determine the proportion of the value of the school house and other property justly due to such new district.* Sec. 65. Such proportion shall be ascertained^ and made."*^""" ' determined according to the value of the taxable prop- erty of the respective parts of such former district at the time of the division, by the best evidence in the power of the Town Superintendent; and such amount of any debt due from the former district, which would have been a charge upon the new, had it remained in the former district, shall be deducted from such pro- portion. Proportion to]] Sec. 66. Such proportion, when ascertained, shall be ^™sed,how raised and collected by tax upon the taxable property apph^. ^^ ^^ ^^^® district, retaining the school house or other prop- erty of the former district, in the same manner as other district taxes are collected, and when collected, shall be paid to the Treasurer of the new district, to be applied towards procuring a school house for such district ; and the money so paid to the new district shall be allowed to the credit of the taxable property taken from the former district, in reduction of any tax that may be imposed on said taxable property, in the new district, for the building of a school house. Frooeedings Sec. 67. Whenever it shall be necessary to form a when district district from two or more adjoining towns, the Superin- partsVtwoor tendents of such adjoining towns shall meet together BQwe adjoin- and form such district and deliver the notice of such ing.towns. formation to a taxable inhabitant of such district, whose duty it shall be to serve such notice, as provided in the second section of this chapter, and the Clerk of the district so formed shall make such report to the Superintendent of each such adjoining town, of such part of said district as may be situate in such town, as is prescribed in the thirteenth section of this chapter ; and any district so formed may be altered or regulated by the Superintendents of such adjoining towns as may be deemed necessary.! WHEN APPEAL MAY BE TAKEJf. In what cases Sec. 68. Any person conceiving himself aggrieved app^lmaybej^ consequence of any decision made by any eghool * See Form No. 30, f See Forms Nos. 2 and 3. THE STATE OP WISCONSIN, ^^ district meeting, or by the Town Superintendent, in. forming or altering, or refusing to form or alter any school district, or concerning any other matter under the provisions of this chapter, may appeal to the State Superintendent, who is hereby authorized and required to examine and decide the same ; and such decision shall be final and conclusive ; Provided, however. That the decision appealed from shall be operative until the State Superintendent shall reverse or change the same. VALUATION AND EQUALIZATION OP PROPERTY, (See Mie I.) Sec. 69. All taxes raised and collected in any school Taxes, oowtei; district for any of the purposes authorized by the pro- ^q^^q^^ -^ ^° visions of this chapter, except when otherwise provid- ed, shall be assessed on the same kind of property as taxes for town and county purposes are assessed. Sec. 70. Whenever any real estate in any school dis- ^^\ ^'^^f^- trict shall not have been separately valued in the as- certain caseg,. sessment roll of the town, and the valuation of such real estate cannot be definitely ascertained from such assessment roll, the Town Clerk shall estimate the value of the same, in proportion to the valuation affixed in said assessment roll to the whole tract of which such lot or piece of land forms a part. Sec. 71. Whenever a school district embraces a part Equalizai)i@E of more than one town, the Town Superintendents of "f pfo^f^^y isi the towns so in part embraced, upon application of any joint distra- r n placed by law, shall be deemed sufficient lor all pur- poses of proof required in law, in said actions. And When uit ^"^ actions under this chapter, in which the sum maybe com- claimed to be justly due shall not exceed the sum of menced before one hundred dollars, may be commenced and prose- J^^ '^^' cuted before any Justice of the Peace iii the same manner as other cases. ;• ,, Sec. 98. It shall be the duty of the Town Superin- iitrndent^hall ^^ndent of each town, to make a map of all the school make maps of districts [and parts of districts] in his town, specifying, all districts in fhg sections, parts of sections or other subdivisions own. therein embraced, and file the same with the Town Clerk on or before the first Monday of September next j and also a map of each district, in like manner, and file the same with the Clerk of such district within the time above specified. And whenever thereafter alterations. ^uy alteration shall be made in the boundaries of any school district, the Town Superintendent shall cause such alteration to be marked on the map and filed with the Town Clerk, and on the map of the district Same to fur- or districts affected by such alteration. In case of the nish Clerk of formation of a new district, he shall furnish the Clerk with map^*^*^ of such uew district with a map thereof, and cause the same to be marked out on the map filed in the Town Clerk's office. State Super- ^^^- ^^' Whenever hereafter, any amendment shall intendentto be made to the provisions of this chapter, it shall be provide dis- the duty of the State Superintendent to furnish a copy ainentkoent^ of such amendment to every school district in the to this law. State. OF BORROWING MONEY BV SCHOOL DISTRIGT.S. Districts may Sec. 100. Whenever any school district within this borrow money g^fate, shall desire to make a loan of money to aid in the THE STATE OF WISCONSIN. 45' erection of a school house or houses, the question of a to build school loan shall first be submitted to the legal voters author- houses, &c. ized to vote at an annual school meeting, the vote to be taken by ballot ; those voting in favor of the loan shall have written or printed, or partly written and partly printed, on their tickets '^ For the Loan ;" and those voting against the loan shall have written or printed, or partly written and partly printed, on their tickets " *dgainst the LoanP And provided a majori- ty of all the legal voters resident in the district shall vote in favor of the loan, then the Board of Directors of any such school district, the Trustees of any village, the Common Council of any city, or the Boards of Edu- cation for such village or city within the bounds of which any such school district is located, shall have power and authority to borrow money, to aid in the erection of a school house or school houses under the restrictions hereinafter mentioned. Sec. 101. The money loaned in pursuance of the Length of provisions of the preceding section shall not be b or- time ; rate of rowed for a longer period than five years, and shall p^^^^tions and draw such rate of interest as may be agreed upon by restrictions. the parties, but in no case exceeding a greater rate than twelve per cent, per annum ; and the said Board of Directors, Trustees, Common Council, or Board of Ed- ucation is hereby authorized to give notes, bonds, or execute a mortgage* upon any of the property, real or personal, belonging to the district making the loan, to secure the payment of the principal and the interest on the sum so borrowed ; and the sum so borrowed shall in no case exceed ten per cent, on the valuation of the real estate contained in the district for the ben- fit of which the loan is made, according to the valua- tion contained in the last assessment roll or rolls of the town or towns, village or city, in which any such school district may be situated. WISCONSIN JOURNAL OF EDUCATION^ HOW SUBSCRIBED FOR AND DISTRIBUTED. ^ Sec. 102. The State Superintendent of Public In- JournalofEd- struction from year to year, so long as he shall deem betubscriKd expedient, is hereby authorized to subscribe for so for. many copies of the Wisconsin Journal ef Education, * See Forms ITos, 36 and 37. 46 COMMON SCHOOL LAWS OF How sent, and to whom. How paid for. Amount so taken to be deducted. State Superin- tendent to re- port to State Treasurer the amount so de- ducted. published by the State Teachers' Association, at the price of fifty cents per year, as shall be siulicient to supply one copy to each organized school district in the State, and one copy to each Town Superintendent of schools in the State ; Provided, The State Superin- tendent be allowed to publish, free of expense to the State, any and all matters of an educational character that he may wish to publish from month to month in the columns of said Journal. The said periodical shall be sent by the publishers to the Clerk of each school district in the State, and to each Town Super- intendent in the State. It shall be the duty of each District Clerk to cause each volume to be bound at the expense of the district, and to be kept in the library of such district, subject to the general library regulations. Sec. 103. A sum sufficient to pay for the number of copies of said Journal, so subscribed for, is hereby annually appropriated out of the income of the School Fund, and the same shall remain in the State Treasu- ry subject to the draft of the State Superintendent of Public Instruction, to be drawn quarterly, and paid over to the publisher of said Journal. Sec. 104, In making the annual apportionment of the School Fund among the several towns and cities of this State, it shall be the duty of the State Superin- tendent to deduct from the whole amount otherwise subject to apportionment such sum as may be neces- sary to pay for the said Journal at the price above named. Sec 105. In certifying to the State Treasurer the apportionment of the income of the School Fund an- nually, the State Superintendent shall state in such certificate the aggregate amount deducted according to the provisions of this chapter. CHAPTER CXXXVIII.— GENERAL LAWS. Published June \st, 1858. OF UNION SCHOOLS. [The first eleven sections of this act were amenda- tory to the law of 1854, which amendments have been in their proper sections, incorporated in chapter 23 of Boards THE STATE OF WISCONSIN. 47 the Revised Statutes as herewith given, for which rea- son, the first eleven sections of the act above referred to are not here re-pubhshed.] Sec. 12. Whenever two-thirds of the legal voters of of Union any two or more adjoining school districts shall at an High School annual meeting, by vote, determine to form a Union districts. District for High School purposes, it shall be the duty of the Clerks of the districts so voting to furnish the Town Superintendent a certified copy of ihe minutes of said meeting, together with the names of those voting for and against said proposition. Upon receiv- ing such notice it shall be the duty of the Town Su- perintendent to determine and establish the boundaries of said Union District, and file a copy of such order with the Town Clerk. He may also, upon application, include persons and lands in adjoining districts in said Union District, according to his discretion.* 2. The control of such Union District shall be vest- ed in a Board, consisting of Director, Treasurer and Clerk, who shall be elected in the same manner and hold their offices the same as officers of the District Boards, subject to the same rules and penalties : Pro- vided, That the Town Superintendent shall have pow- er to appoint the first Board of such Union District. 3. The expenses of said Union School District in- Taxes, how curred in purchasing or leasing school houses or sites, levied and col- in ^building or repairing school houses, out-houses, ■^'^°*^^- fences, &c., in hiring teachers, and in establishing and carrying on said High School, shall be defrayed by a tax upon the real and personal property of said Union District, to be called the Union High School tax. Said tax shall be voted by said Union District, at its annual or special meetings, and shall be levied and collected in the manner hereinbefore provided for the assessment and collection of district taxes. No fee for tuition shall be charged or collected : Provided^ however. That Tuition fee. such tuition fee may be charged and collected from scholars not residing in the Union District, which fee or fees shall go into the general fund of said Union District. 4. The Board of said Union District, together with Board of ex- the Town Superintendent, shall constitute a Board to »°"°^*^on. *See Forms Nos. 38 and 39. 48 COMMON SCHOOL LAWS. determine the standard ot qualification necessary for admission, the branches to be taught, and the books and apparatus to be used in said High School; and shall also examine all candidates for teaching in such High School, and award certificates to those deemed competent. Annual meet- ^- '^^^ annual meeting of the Union School districts ing. ' shall be held on the Wednesday after the last Monday in September in each year, and such meeting shall have power to transact all business as prescribed in section 1 1 of the act of which this act is amendatory. 6. Special meetings may be held as provided in sec- tion 12 of said act. Ho-w formed '^^ When it is proposed to form Union Districts of when compos- territory lying in two or more adjoining towns, then ed of districts ^j^g respective Superintendents of those towns shall act tovm*'*™"'^^ in concert In the formation of such Union District, as now required in the formation of joint districts, and the Superintendent of the town in which the house shall be situated, shall have the superintendence and control of said Union District after its organization. Primary dis- 8. Nothing in this law shall be construed so as to trictanotim- impair the organization of primary districts within P^""® • such Union District. Sec. 14. This act shall take effect and be in force from and after its passage and publication ; and all acts and parts of acts contravening the provisions of this act, are hereby repealed. EEGULATIONS CONCERNING APPEALS. BY THB STATE SUPERINTENDENT. 1. An appeal must be in writing, signed by the appellant ; and all the facts therein stated, with the accompanying maps and papers, iat€neal, duly verified by oath, with all the accompanyiug statements^ maps and papers, rnvst be served by the appellant on the opposing party ; and a copy of the answer must be duly served on the app^ lamt. Notwithstanding these re(juirement8 are so plain and posltivTej there are persons who imagine they must visit the State Superinteis- dent in person, and explain and enforce their view of tbe question aS issue. The Superintendent, to be just to himself iind his positiou, cam act consent to hear any ex-parte statements ; he can on?y receive anil ©Btertain papers in appeal cases, properly verified, and properl^^ served on opposing parties ; and it is only upon such cases, so prei- sented, that a decision can be rendered. The decision must be made firom the record, and no amount of personal visiting aii^ plying tbe State Superintendent, can in the least affect the result. It is, there- fdre, very desirable that parties interested in appeals should nbfper- sonally apply to the State Superintendent with a view or hope ofiE!!" j&uencing his action. He is determined to hear and examine cas^ only when "in wHting,'' duly " verified/' and properly served m. apposing parties. i ^ '■■>■. > -■>'■ SCHOOL LIBRARIES, ^uico^r THEIR USEFULNESS AND IMP^ORTANCE;"'"^''^ ^"'^ o™'^''' Too little importance^ it is to tfe apprehended, has been paid to tlie ftflrmation of School Libraries. Books, good books, are everything for children, while forming their characters for life. The mind, as weU as the body, craves its peculiar food, and if it has not proper mental nourishment, it will naturally seek that which is improper — - liins vicious tastes, idle habits, and the most lamentable ignorance will be the natural and inevitable consequence. It was books thai made our Prankuns, Washingtons, and Websters, the great aaS ueeful men they were ; and it will be books that will fit our youth for ihe future part they are destined, under Providence, and their owm SCHOOL LIBRARIES. maply exertions, to act ia the great diraip^ of human iife^— aa atates- men, atUthofs, good citizen^, and custodians of our unequalled Republic. Parents of Wisconsin I Will you arouse yourselves to the incal- Q^lable irpportance of early securing good School Libraries'^ Thaugh the times are haF(|, ^nd mQney difficult to obtain, yelf you never think of making this an excuse for retrenching necessary food for yourselves 3,nd your children. The mind, the young rnind, needs its mental food a^^ much, nay .more ; and you will act a .ver^. unwise .part to withhold it for a single day. Form your School Libraries, though, it may re- (^uire , great sacrifices and self denial to pflFect, it. In t|i8 end, when your beloved ghildren are , grown up^ wisQ, an4 gOQ^? ?^^^ ^®**» JA^ will bless the day when you, as faithful and considerate parentB, "qhose the. good part" fpr your children, that iu all yii^ after .^ififorr tunes of life, coidd never be taken from them. . ; , ■ ■ - . . .^' > If . your, district is too small to enable you to. form the needful li- brary, unite witli a neighboring district or districts, or even a whole town, as provided in section SQ, of the School Code ; aeeurc a judi.- €io^s^§gl^ction.^of .hooks ; ;choQsc. a central locality and a gpod Libra- rian ; and then take special pains to use the books yourselves, for ex- ample is always the most effective instruction a parent can impart to his children. Do not, I beseech you, purchase a few showy volumes of some va- gabond peddler, on Highroaymen and Rohhers, and such worthless trash, and call ^^at'allbrstry ; * f6r '^sucW books would only tend to in- culcate in the minds of your children a desire to become themselvefi desperadoes. There should be much care and discretion exercised in making the choice.;, jind.ij; will .ever be the. pleasure of the Superin- tendent .of Public Instruction, as thp law. makes it his duty,^ ^.' to^d- visp in the selection of books f(^r school district libraries.'" VI '■'•■■.■•■■'■.. • . .' ■ . " . ' ■..■;idl ' How are you to provide the necessary means with which to^ procure a good library r, . Tpri per cent, of the gtoss amount of all school motley apportion,ed to each district may be set apart by the Towh Superintendent, tf this is rarely done,. it is simply because the dis- tripts do not make sucn a wish known to that officer. You can fur- thermore vote a tax not exeeedinff $-80 00 a year at any annual or -.; . j ' • -r I •iff'. l:i(".'" ^irfV' '" ''' '''' ■ V '• f i v < > • '' ■-. > ; ^.'i. •■:'.. special' uieeiihg of your district fpr a library, and any further neces- ■^■ff.i. X. .-Ui:> .:^J'r/^i.:?rl* ;^vi.u.< O'i ri' . ; ' .- :■-■•'':.:' ^'■■. ■ ' t*-^ sary sum tor a book-qase. If these two sources are insufficient to LIBRARY REGUtA*I^GNS. 58^ p'rovide etieii a library a!s the waiits of your district, or union of dis- tricts; requii-e, tlien go to work, appeal to your neighbors, and raise the needed additional amount by subscription. It may interest you to learn, that an earnest appeal will be made ■t*6'''tlie Legislatiire in behalf of School Libraries. ' Better proYision otight to be made for them — some State encouragement should be granted, and then this all-important matter ought no more to be left optional with the districts, than whether they should sustain a sohool and educate their children. It ought to be a component part of our educational system; that either district, union or township libraries 's'liov.ld be established, and not left, as it now is, merely optional-^ — for it but too generally follows, that what is everybody's business is nobody's business ; the library is consequently not provided, and the two'htmdred and fifty thousand children of our State grow up, taught perhaps to read, and yet nothing whatever provided for theta to read; - ' - Fathers, mothers, and citizens of Wisconsin ! Will you not'^ma!ke it -your business to agitate this matter of School Libraries? I believe 'the people are not only ready,' but anxious to inaugurate a new era in the School Library system of our State. If so, you can, if yon will, make your influence felt in the Legislatiti-e, and this greatly nefeded reform will then surely be effected. If, however, you are careleas cind indifferent — think ' of nothing 'but perishable pigs and cattle, leaving ybur d'eiar immortal children to grow up in ignorance, |thdugh 'craving and pleading for School Libraries— if you a^e thtts stnpid and indifferent; can you reasonably expect' your Legislators to feel or act' differently?' la the impressive language of the be^t -of all books, " I speak ai%%,i^''^i'^e' vhiirt^'ddffe ye tohat I say J" ,1 .. XEQTJLATIONS EMBOMEn IN THE LAW. - ,vj^ Ti^e State Superintendent shall prescribe rules and regulations vlQtl^h^iBanagement.pf schopi district .libraries, and the penalties for their ti elation. ^4 LIBRARY REGULATIONS. ,2". Each Town Superintendent may, in his discretion, set apart a sam not exceeding ten per cent, of the gross amount of the sckool money apportioned to any school district, which shall be apjdied to ibe purchase of a district library. 5, Any school district failing to comply with the library regida- laons, or to expend all the library money according to law, before the first day of September after it is received, forfeits the succeeding ap- portiopment. 4. Any resident of a school district, and the parents and guardians of all the children therein, between the ages of four and twenty jearSi shall be permitted to use books from the school district library of said district without charge. 6, Any school district may raise by tax, annually, the Bum of tliirty dollars for a district library, and such sum as is necessary for tihe purchase of a book-case. 6. The district meeting may elect a Librarian ; otherwise the €lerk of the district shall be the Librarian. 1, All fines incurred by violation of the library regulations shall be sued for and collected in the name of the District Board, and ia case of Joint Libraries, by the Boards of the districts whose Librar- ies are joined, and applied for the benefit of the library. 8. Any two or more adjoining districts may, with the conseot of the Town Superintendent, unite their means and form a joint library, which shall be deemed vested in the District Boards of the diatriots ao uniting their libraries ; and the Librarian shall be appointed bj sach District Boards. The division of a joint library, when desired, shall be made by the Directors of the districts concerned in it, or i n case they cannot agree, by the Town Superintendent. REGULATIONS BY THE STATE SUPERINTENDENT. 9. The District Librarian shall have charge of the library, and leep a catalogue of all the books in the library under his care, in a book to be provided by the district for that pm-posc. 10. Every volume in the library shall have pasted on the inside of the cover a printed paper, specifying the name of the district ; the awmber of the volume ; the time books are allowed to remain out of ^e library ; the fine for not returning them within the speeified time, LIBRARY- REGULATIONS. m aiid for lose of or injury to the books. Blanks for this piorpose will ¥e furniBked to the Districts upon application to this Department. 11. Sver-y volume loaned shall be entered by the Librarian in a book, to bo provided by the district for that purpose, by its number, with the day on which it was loaned ; the name of the borrower, and the name of the person to whom it is charged, (see Kegulation 13 ;) the date when returned, and condition of the book ; the fine assessed for detention or injury done to the book, in the following form : delivery. No. of l>Ook. To whom To whom delivered. chared. When retursed. Condition of book. Fine for detention. Fine for injury. 1858. Jnne 10. 4i Jno Wari. Wm. S. Green. Jnne 24. Good. 12. No person aball be allowed to have more than one volume at a time, or retain the same longer than two weeks ; nor shall any person, who has incurred a fine imposed by these regulations, receive a book while such fine remains unpaid. 13. Books may be loaned to minors and charged to their parents, guardians, or the person with whom they reside, who shall be respon- sible for the books under these regulations. 14. On the election of a Librarian, his predecessor shall, within ten days thereafter, deliver to him all the printed and manuscript books, pamphlets, papers, cases, and all other property belonging to the library which was in his custody, for which the Librarian shall give him a full receipt, discharging him from all responsibility there- for, except in the case herein provided ; and on receiving the library property, the Librarian shall careftilly examine all the books, etc., and if any loss or injury shall have been sustained, for which a fine has not been imposed by his predecessor, or for which a fine has been imposed and not certified by him to the Treasurer, the Librarian shall certify the amount thereof to the Treasurer, who shall collect the same of such predecessor in the same manner aa other fines are collected. 16. In case of a vacancy in the office of Librarian, the District Clerk shall perform the duties of Librarian, until the vacancy is filled. 16. If any person having held the office of Librarian shall neglect m refuse to deliver to hia suoceasor all the library property, as pre- 56 LIBRABY REGULATIONS. scribed in the fourteenth regulation, the director shall forthwitli commence an action in the name of the District Board, for the recov- ery of the property he shall so neglect or refuse to deliver. 17. On the return of every book to the library, the Librarian shall examine it carefully, to ascertain what injury, if any, has been sustained by it, and shall charge the amount of fine accordingly ; and in every case of injury not specified in these regulations, he shal^ assess the amount of damages to be paid, subject to revision by the District Board. 18. The following fines are established by the State Superintead- entj viz : 1st. For detaining a book beyond two weeks, five cents per week. 2nd. For the loss of a volume, the cost of the book ; and if one of a set, an amount sufiicient to replace it, or to purchase a new set. 3rd. For a leaf of the context torn out and lost, or so soiled as to render it illegible, the cost of the book. 4th. For any other injury beyond ordinary wear, an amount pro- portionate to the injury, to be estimated by the Librarian. 5th. Whenever any book shall not be returned within six weeks from the time it was loaned, it shaU be deemed to be lost, and the person so detaining it, shall be charged with its cost in addition to the weekly fine for detaining the book, up to the time such charge i^ made. But if the book is finally returned, the charge for loss shall be remitted ; and the fine for not returning the same be levied up to the time of such return ; Provided, That in no case shall the amount of weekly fines exceed double the cost of the book. 19. On the third Monday of August, November, February ana May, and also immediately before he vacates his office, the Librarian shall report to the District Treasurer the names of every person liar ble for fines, and the amount each such person is liable to pay ; and the Treasurer shall give the Librarian a certificate of the same, and immediately proceed to collect the same, and if not paid, shall so certify to the Director, who shall forthwith bring an action in the name of the District Board for the recovery thereof. 20. AU library fines shall be paid to the District Treasurer, who shall keep account of the same, and shall report thereon to the an- nual district meeting, giving the name of each individual fined, the LIBRARY REGULATIONS. 57 iamount of the fine, and the sum total of all fines, which report shall be recorded by the Clerk ; and the District Treasurer shall be re- sponsible for all fines not collected through his neglect. 21. On the fii-gt day of September in each year, '■ili'e Librarian shall report to the District Clerk, as follows i 1st. The number of volumes in the library ; 2d. The number of volumes purchased during the y^'ai* ; 3d. The number of volumes presented during the year ; 4th. The number of volumes loaned during the year [^counting each volume one /or each time ti is loaned'}', 5th. Amount of fines collected ; 6th. Amount of fines unexpended ; 7 th. Amount of fines remaiijing expended. 22. The District Clerk in his annual report to the Town Superin- tendent, shall state — 1st. The number of volumes in the library ; 2d. The number of volumes purchased during the year ; 3d. The number of volumes presented during the year ; 4t!i. The mimber of volutties loaned during the year ; Stlii Amount of library money received from Town Superiafen- dent ; 6th. Am o\int of library money raised by tax in district ;■■ ^■■'^^^■ TiK Amount expended in purchasing book?", ' m//'-.' S'tli. 'Amount remaining uiiiexpended ; 9'th, Amount of library fines collected ; ■'"*''"' ' ■ " 10th. Amount of fines expended. '• ' ' '. '"' ilth. Amount of fines unexpended, and' also' certify wnether' the library regulations have Been complied with. ' ''"'" ''"■ '/ '' "•''' 23. The Town Superintendent in his annual report to 'the Clerk of the County Board of Supervisors, and the Clerk ot the County Board of Supervisorf^iii bis/ aiinual 'report fo the State Superinten- dent, shall, in addition to wbat is already requireq/report the follow- ing facts for the town and county, respecti vely : Ist^.jTii'e.nujQttber of fetrict libraries^ ^ 2d, Numbers of joint libraries ; ■■'^'■■' 3d. Number of volumes in all the libraries ; 4tb. Number of volumes purchased during the year j 8 58 LIBRARY REGULATIONS. 5th. Number of volumes presented during the year : 6th. Number of volumes loaned during the year ; 7th. Amount of library money received from the town ; 8th. Amount of public money expended for libraries ; 9th. Amount of money raised by tax and expended for libraries 10th. Amount of fines collected ; 11th. Amount of fines expended; 12th. Amount of fines remaining unexpended. 24. The library fines collected must first be applied to the replac- ing of lost volumes, binding pamphlets, and the Journal of Educa- tion, and rcbinding such books as may require it. 25. By reference to the latter clause of Section 102, of the fore- going School Law, it will be seen that it is made the duty of the District Clerk to preserve the copies of the Journal of Education, in order to have them bound for the use of the Library ; and nntil they are thus bound, the Clerk must preserve the copies and not suflFer them to be taken from his possession except for consultation by the District officers. 26. These regulations shall apply equally to joint libraries ; and when a joint library is formed, the district boards, having the coa- trol of the same, shall appoint one of the Treasurers of their res- pective districts Treasurer of the library, who shall collect all finea levied by the Librarian ; and in case the District Boards cau not agree as to which of the Treasurers shall be Treasurer of the libra- ry, then the Treasurer of the district in which the library is situa- ted shall perform the duties of the office. 27. The Librarian and Treasurer of every joint library shall report all matters specified to be reported by them in these regula- tions, directly to the Town Superintendent, and shall furnish the Board of each district concerned in the library with copies of such reports, which shall be recorded by the Clerks, and laid before the annual district meetings ; and no Clerk of a district concerned in a joint library shall be required to report on library matters herein, specified to the Town Superintendent, except with regard to the receipt and expenditure of library moneys ; but he shall certify that the library regulations have been observed, or othcrwiee, as the case may be. INSTRUCTIONS. 59 'Ul SB. In ease af a joint district, tlie Clerk shall report all matters couEected with the library to the Town Superintendent of the town in which the lil»rarj is situated, with the exception ef the re- ceipt and expenditure of library moneys, which shall bo reported to each Town Superintendent from whom such moneys have been re- ceived ; and a certificate of compliance with the library regulations shall be made to each such Town Superintendent, 29. In case of a joint library, the proprietary districts of which lie in two or more towns, the Treasurer and Librarian shall report as required by the twenty-sixth regulation to the Town Superintendent of the town in which the library is located. No. 80. No person holding the office of District Treasurer shall be eligible to the office of Librarian. 31. On the resignation of the Librarian of a joint library, the District Boards shall immediately appoint another Librarian, who shall enter upon the duties forthwith. :i:\STEUCTIONS ■•OS CONOWCTINO PROCEEDINGS UNDEK THE SCHOOL LAW. PEEPAEBD By THE SUPERIA'TENDENT OF PUBLIC INSTRUCTION, /■n. pii-rsiiaHce of Section 11, of Cliapter 138 of General Laws ef 1858, As questions frequently arise in the administration of the School Law by school districts and Town Superintendents, which cannot sat- isfactorily be settled in the towns where they originate, the opinion of the State Superintendent is solicited as to the proper construction of the law, and the best mode of extricating themselves from real or imaginary difficulties. This has given rise to an extensive corres- pondence with school officers and others, which has not been diminished by the numerous and repeated decisions that have been made, of wliioh the records bear evidence. It is designed, in the following p. 60 NOTES. pages, to provide the requisite forpis for proceedings in tlie adiainis- tration of the law, accompanied with such explanatory notes and instructions as are thought necessary to aid school officers in the per- formance of the duties devolving upon them. There is also included in this volume, a digest of the decisious made and opinions given, by this Department, upon the points that most frequently arise, which it is hoped will not only save the trouble and expense of a correspondence heretofore deemed necessary, but obviate delays, and prevent, in some measure, difficulties that migli*; otherwise arise. School officers, and others, are invited to a free and unrestricted correspondence upon all subjects relating to the School Law or educa- tional interests of the State. NOTES. Note A. OP THE FORMATION OF i^CHOOL DISTRICTS, AND THEIR POWERS AS CORPORATE BODIES. The principal object of the Town Superintendent i n forming school districts should be, as far as possible, to secure permanent and efficient districts, with a sufficient amount of taxable propei'ty atid number of children to maintain a school at least six months each yeaT, affording the requisite facilities for the regular attendance of all the children residing in the district. He should especially avoid dividing dis- tricts so as to render them so small as to ci^ipple and deprive them of the power of maintaining good schools ^nd paying the wages demanded by a good teacher ;' as it is of vJiStly inWe iihportarice to every neigh- borhood, every parent and every child to hkVd good and' efficient schools than to save a few dollars in taxes for teachers' wages. As it is plainly impossible to lay down even a general rule '^^=*'6 the 'proper size of a district, the Superintendent must be gdifle'd bj his own good judgment ;' but about four geetions of land' in a! tolerstbly ■well settled country, with from forty to eighty scholars, ' would be a NOTES. 61 good atajidard siM. Such a district could maintain a good school easily for ten months a year, without suffering from heayy taxation. And every district, feeling a proper regard for the interests of the rising generation, should endeavor not to be satisfied with a thr^e months' school — barely complying with the law, so as to receive their sltare of the apportionment. Our free school system is lifeless with- out the sustaining hand of the people ; hence the necessity of secur- iag the co-operatiou of the inhabitants interested, aiid of avoiding aU- occasions for strife and dissensions which destrpy, in a measmre, toe^ prosperity and efficiency of the, district^ . ^, , , ^, , It is, in many cases, impossible to satisfy all in the formation or alteration of the boundaries of school districts, and the Superinten- dent, having discharged his duty impartially, should endeavor to re- poncilc disaffected persons to the changes , made ; but it is better to aiibmit to many temporary and local inconveniences than to create gpneral dissatisfaction by alterations that may eveia be highly judi- cious and beneficial )_ " " ,' ^ , It, in the formation of a new district, it is contemplated to change the boundaries, of a district already organized by setting off a part of its territory. into the new district, the. notice rec[uired by section sixty-two must be given to the Clerk of such district, who will notify the other members of the Board. (See Form No. 28, and Note.) Ilaving determined upon the boundaries of a. new school district, the Town Superintendent must, within three 'days, notify the Clerk of the district affected by the formation of such new district, ,of tte alteration made in its boundaries. If the District ^oard eive their consent to the alteration, this notice may be given bj delivering to &uch Clerk a copy of the order forming such new district with the consent of the District Board indorsed ,thereon. , .The. cljanffe wiU then take, effect from the date of filing sucli notice unl^s^,, otherwise specified ' in the'order. ' >■■--'--' - ---"-^■i •>*^4-i.^i. T%' X ••1-0 ' ■> h ■ ^ .■■>:' -PrtoslLf^j Aiiro.ow 0* i,. it the JJistrict Board refuse their consent, the alteration wiU not take effect until three months after the filing of such" notice. 7CSee Porm No. 29. ) , . ■ \.,"Jwi.ij.%, ■ ■''■ TV\ ■'■"StiJtH, ^.ilhtTT r.it 1> ?;.q.?:^i3;^ sd ot pmrp.n.(.\} \d,of PX.9j:?y,n>!^eting ,th)^t: shelly h,^ye been a.dj^iLx;^iie(i^ . fpr a .longer jtime .than one month, (see Form No. 10,) and of every special meeting, (ex- cept as provided in section three, when a district has lost its organ- ization, ) by posting notices i.n four, or more public places in the district. No annaal meeting shall' be deemed illegal for want of due notice, unless' it shall appear t'hsst'th&'bmi^sion to giye such ndtid^'wag'l"4'??- ■q-yti "io '(iijjaolil .ttixj] fjiU '-lo ,aooirw>:'fi, aoj Ci, ii;.ioly'o zia ■■ rtw. wtl f'ul and fraudulent. This provision is intended to apply to eases^ when thvougli mistake or accident, the proper legal notice was sMsJt given, arid not to cases where no attempt has Ibeen made to eomplj with the law. The above provision will apply equally to speekl meetings. For when the Clerk undertakes to give the requisite notice, arid fails unintentionally to strictly comply with the law, iht proceedings of the meeting will not be void on that account, but may be set aside on appeal, for sufficient cause shown. If the time for holding the annual meeting in any district, shall pass without the election of district officers, the Clerk, or in his a&- sence, either the Director or Treasurer, within twenty days after t&e time for holding such annual meeting, may notify a special meeting for such election in the manner prescribed in the twelfth and twenty- ninth sections, &c., as set forth in the 13th section of the SehsMsl Law. That is, the Clerk must call the meeting if requested by five legal voters, and must give notice the same as for any other special meeting. If a special meeting is not thus called, the Town Super- intendent may, in his discretion, appoint new officers. No school district meeting can vote to raise a sum exceeding fi?iiE hundred dollars for building, hiring, or purchasing a school horase^ without a written certificate from the Superintendent of the town, m, lohich the school house is to he situated, that a larger sum ought to be raised. (See Form No. 11.) In a joint school district, a ma- jority of the Superintendents of the towns in which such district is situated, must sign the certificate before a larger sum than $500 earn be voted to build, hire, or purchase a school house. MODE OF PROCEEDING. The law does not specify what number of voters shall constitute & quorum for the transaction of business at a district meeting ; and if the notice of any meeting has been legally and fairly given, and the proceedings are regular, they will not be disturbed because of the few voters that were in attendance. It is the duty and the privilege of all voters to attend the annual and special district meetings, espe- cially as officers are to be elected for three years. Much of th« difficulty in school districts arises from efforts made at special meet- ings to annul or change the action of the annual meetings ; and suck 9 m NOTES. '^Liaiiges are fr&qaentlj made, involving tlio district in a. uoighborhood strife, or iu the trouble of a %csatious appeal or an expensive law- suit. It is the manifest duty of all voters in a district to assemble at the time and place appointed for the transaction of business, aad for deliberation and consultation upon the \arious interests connected with their schools. Such meetings should be conducted with order, regularity and decorum ; no other feeling than a sincere desire to promote union, harmony and concert of action should be there enter- lained. It is the will of a majority of the district that is required %o secure eflSciency in the acts of the district. At the appointed hour, after making au allowance of fifteen or iwenty minutes for difference in time pieces, if the voters are not all assembled, the meeting should organize by the appointment of a Chairman, the Clerk of the district acting as Clerk of the meeting. If the Clerk is not present, or if it is the first meeting of the district, ihe meeting should choose a Clerk for the time being ; but if the District Clerk is present, it is his duty to act as Clerk, and in no <5ase can a substitute bo appointed, if he is present. The meeting is then organized for the transaction of business ; and if there are but a few voters of the district present, it is always ad- visable to adjourn the meeting, if a larger number can be assembled hy so doing. The regular mode of choosing district officers is by ballot, separ- ately for each office, and this mode of proceeding should not be di^ •|>ensed with under any circumstances. A majority of all the votes cast is necessary to elect ; and when r)fficers have been fairly elected, it is not in the power of the meeting io re-consider or rescind the vote by which they were chosen. If any person so chosen is present and signifies to the meeting that he will jiot accept, the meeting may, as thought beat, make another choice, or allow the vacancy to be filled by appointment, though it is better to make another choice at once. All other business of the meeting should be tranbacted by written resolution, regularly put to vote in the customary manner. If there is any doubt in ascertaining the result of any vote, the persons voting for of against any resolution should bo determined by count, or by *yes and noea. But upon all reeolutions oontemplating the levying NOTES. 67 ©f a tax, changing the site of the school house, building a new school Iwuse, or the purchase of a school house or school house site, it is necessary that the vote be taken by ayes and noes, and recorded in the records by the District Clerk. And to prevent delay in the proceed- ings of the meeting, the Clerk should have prepared a list of the voters of the district, for taking the ayes and noes upon the differeafc propositions that will probably come before the meeting after the iT)llowing form : iVAMCa OF VOTBKS. On resolution to School House site. On resolution to raise $250 tax to build Scbwol House. O X i o 5g o Ayes. Noes. Ayes. Noes. Ayes. Noea. Ayes. Noes. James Miller Thomas Carioll John Clark ISdward Ross Hetiry Billirjgs William Jchnsoii.. Alvin Morris 5 2 7 4 3 5 2 As the law authorizing special meetings to levy a tax, and the Dis' 4rict Treasurer to collect the same, is intended to apply only in cases of emergency, and not to be the general rule, it becomes necessary for the District Board of each district to estimate the expenses ne- cessary to be incurred by the district for the ensuing year, and sub- mit a detailed statement thereof, stating separately each item of expenditure, to the annual meeting. Besides, the annual meeting is tlie proper time for the district to settle all matters relating to the schools for the ensuing year, and it is far better to have a full and n:ee expression of opinion from all, than to leave the whole control and management of the schools with the District Board. The Board should feel bound by such action of the annual meeting and carry out, as far as possible, the expressed wishes of the people of the district. All propositions brought before a district meeting should be voted 68 NOTES. upon separately, in order to obtain an expression of the real wish of every voter upon each of the propositions submitted. School districts may alter, repeal, or modify their proceedings as occasion may require. This can not be construed to apply to the reconsi deration of the election of officers, or to any proceedings that have been partially or wholly carried into effect ; as where contracts have been entered into, liabilities incurred, or expenditures of money had, in carrying out any measure directed by the district, as there are no means provided to indemnify those who may be losers thereby. If it is intended to alter or modify at a special meeting any proceed- ings of a previous meeting, the intention to do so must be specified in the notice calling such meeting. (See Section 29.) It is the duty of the person acting as Clerk to keep accurate minutes of the proceedings ; and before the meeting is adjourned the minutes should be read, that errors, if any, may be corrected, and afterwards they should be recorded by the Clerk in tlie record book of the district. No particular form is required for keeping the minutes of the pro- ceedings of a district meeting. They should be recorded just as they occurred. It is important, however, that the time and place of hold- ing and character of the meeting should be distinctly stated, which may be as follows : " At a meeting of the legal voters of school district No. — . of the town of , held pursuant to adjournment, at , on the day of , 18 — , \_0T, if it is the annual meeting, say, " at an annual meetiny of, &c., held pursuant to notice, at,^^ &c.; or if it is a special meeting, say, '^ at a special meeting of, drc, held pursuant to a special notice hy the Clerk, at,^' &c.; or if it is appointed hy the Town Superintendent, say, " at a meeting of the legal voters of, &c., held pursuant to appointment hy the Toion Superintendent, and notice served on all the qiicdified voters of the district, at,^' (&c.,'] A. B. was chosen Chairman, and C. D. was present as District Clerk, {^or, if the Clerk is not present, say, •'the Clerk being absent, R. S. was chosen Clerk, pro tem.'^J Then enter the proceedings in the form of resolutions, and state whether adopted or rejected, and the names of every person voting for and against any resolution, if the ayes and noes are required to NOTES. 69 be taken according to the instructions above given, as voting a tax, Sec, or if demanded by any five voters present. By section fifteen tbe qualified voters, at an annual meeting, may determine the length of time a school shall be taught, whether by a male or female teacher, the application of public money, &c. ; but if the meeting does not direct the Board in these matters, it becomes their duty to act the same as the district might have acted. The Board are authorized to hire a teacher for three months, even though the district vote that they will have no school. It is desirable and important that schools should be taught in eve- ry district in the State throughout the year, with the exception of the usual vacations ; but as this is impossible in a great majority of districts, there should be at least two terms, one commencing on the first of 3Iay, and the other on the first of November, thus accommo- dating a class of scholars who are necessarily engaged in agricultural or other pursuits, and unable to attend school during the summer months'. Note C. DISTRICT OFiFICERS AND THEIK DUTIES. The officers of a school district are a Director, Treasurer and Clerk, who constitute the District Board, and a majority of the members thereof is sufficient to give validity to any act of theirs as a District Board. They hold their respective offices three years, and until their successors are elected and qualified, but not to exceed ten days be- yond the expiration of their term of office, or if appointed, beyond the first annual meeting succeeding their appointment. The manner of calling a special meeting to elect district officers when the annual meeting has passed without an election, has been considered on Note B. District officers are not required to file a written acceptance with the Clerk, except at the organization of a district, and when an ap- pointment has been made to fill a vacancy. The Clerk of the meet- ing, at which officers were elected, is required to notify the persons elect who were not present at the time of their election, (see Form No. 12); and unless each person so elected and notified, shall, within TO NOl'ES. ten days after his election, file with the Clerk his refusal in writii&g to accept the same, he shall be deemed to have accepted the office, (see Form No. 13). A person appointed to fill a vacancy, (sec Form No. 24), must file a written acceptance. (See Form No. 7). It is the duty of the Director to sign all orders drawn by the Clerk on the Treasurer, (see Form No. 14), or the Treasurer is not re- quired to pay them. But the Director is expected to see that the orders drawn by the Clerk are legitimate and proper, and contemplate no illegal or unauthorized disbursement of public money ; still, the Director has no right or authority to withhold his signature unreas- onably ; any such unreasonable refusal to perform his required duties will render him liable to a fine, and render his oifice liable to be de- clared vacant. The only reason for refusing to sign an order drawx^ by the Clerk, which can be given, is that the orders are illegal w incorrect. treasurke. The office of Treasurer is vacant unless the person elected qualiti** within ten days, by filing his bond, duly approved by the Director and Clerk. (See Form No. 16). The duties of Treasurer are far less onerous than formerly, as he is not now required to colleot school district taxes, except when a tax has been voted and levied at a special meeting, when the District Treasurer must proceed to col- lect the tax in the manner specified in the sections of the Revised Statutes of 1849, which are included in this edition of the Schoo! Laws between sections thirty-six and thirty-seven ; — in other eases to proceed according to sections thirty-five and thirty-six of the School Law : — but he is required to keep account of all money re- ceived and disbursed by him, with the items of such disbursements, which must be embodied in a report to the annual meeting, accom- panied with vouchers for money paid out. (See Form No. 15). The Treasurer should be careful to keep a minute and correct ac- count of every transaction of his office, and preserve the voucheris for all money paid out. A mere exhibition of vouchers by the Treas- urer to the meeting is not all that is required by the law. Each item of his account must be particularly and fully set forth and re- ported to the meeting, that it may be recorded by the Clerk. The finances of the district are always a matter of solicitude to those i»- NOTES. 71 te^ested, and a very Mttie attention on the part of the Treasurer "will enable him at all times to satisfy any one of their true eondi- tion, and inspire confidence in his report by convincing them of its oorreetness. The Treasurer is liable on his bond for any malfeasance in oflSce, or for refusing to pay any balance that may be in his hands to his successor. It is the duty of the Treasurer to apply to the Town Superintesi- dent for the school money due his district as soon as the same becomes payable, and give his receipt therefor to that officer, that he may be able to make his annual settlement with the Town Board M Supervisors. The form of such receipt may be as follows : " Reoeived of A. B., Town Superintendent of schools of the towa ftf , the sum of ■ dollars, being the amount of school money apportioned to school district No. — ~, of said town, by said Town Superintendent, ior the year 185 — . "Dated, &e, "F. S., '* Treasurer of school district No. — , of the Town of .'' CLERK.. Th€ duties of the Clerk are particularly specified in the him,.^ which are generally to keep all the records of the district in a book provided for that purpose. To aid him in the discharge of his dutieSa tie necessary forms accompany these notes. If not present at a district meeting, it is his duty to record the proceedings thereof when certi- fied to him by the Clerk of the meeting. The Clerk of the District Board acts in a double capacity : as a member of the Board he has a voice in their meetings ; but as Clerk of the Board he is simply to carry out the expressed will of a uaajo- rity of the Board. It is the duty of the Clerk to hire qualified teachers ; but as a ijootraet made by bim without the consent of either the Director m Treasurer, or both, is not binding upon the district, it becomes ne-. eeasary for the Clerk to consult with the other officers before the eoR" tract with the teacher is complete. The interest of the law is, that the whole Board, or a majority of iklar8 will greatly depend upoa having the beet text books extant. NOTES. 79 ^Tot^ F. rOWK SOrPBRINTENDENX HIS POWEES AND DUTIMt*. Many of the duties of Town Superintendents of sehools Lave beeu considered in connection with other subjects, and arc particularly defined in the foregoing law. By section forty-six it is made his duty, between the fifteenth and twenty-fifth of September, in each year, to make and transmit to %h.Q Clerk of the Board of Supervisors in his county, a report in ■writing, bearing the date on the fifteenth of September, of the year oi its transmission. Such report must be made upon all the parti- o^ars specified in said section and the twenty-third library regula- tion, with some additional ones, which will be found in Form No. 25, according to which the report must be made. The law makes it tke duty of the Town Superintendent to see that annual reports of the District Clerks are made correctly and in due time. A little atten- tion to the reports of the Clerks at the time they are made, will ena- Me Mm to submit a complete report to the Clerk of the Board of Supervisors. District Clerks and Town Superintendents are parti- otilarly and urgently requested to make full and accurate reports up- on each subject upon which information is asked. The Town Superintendent is entitled to one dollar and fifty cents per day for every day actually and necessarily devoted by him to the discharge of his duties as such officer. This provides for time spent in examining Teachers, visiting schools, making reports, forming or altering school districts, and the performance of all other duties re- quired of him by law. He can not receive fees under any circumstances. His account for services must be presented to the Town Board, and paid out of the town treasury, and not from the money raised by the town for school purposes. Whenever a' ibhool district is divided and a new district formed, ajfter the annual report of the Disti-ict Clerk has been made, and be- ibre the apportionment of school moneys by the Town Superintendent, be shall apportion to such districts according to the number of chil- dren in each over the age of four and under the age of twenty years, aooording the last report. If the number of children are equal ia 80 NOTES. the two districts, divide the money equally ; but if uot, divide at the same rate per scholar. The reason. of this provision is plain : It is that the children reported may draw the money in the District in which they are at the time of apportionment. Married persons under the age of twenty yeai's cannot be regarded as children ; they are not therefore entitled to public money, and must not be reported. The Town Superintendents are directed by the State Superintendent to report to this Department, within ten days after their election, tlieir names and post-office address. If they fail to do this, the State Superintendent will be unable to supply them with the necessary blanks for their reports, or to correspond with them upon official business. All will, therefore, see the great importance of prompt compliance with this requirement. The Town Superintendent can not teach as a qualified teacher, as he cannot qualify himself If the Board hire an unqualified teacher, they are individually responsible. No school money can be received from the State if the school is taught by an unqualified teacher, and the Town Superintendent, while acting as such, can not be a quali- fied teacher. If he wishes to teach, he must resign as Town Super- intendent, and receive a proper eertificote of qualification from his successor. It is true, the letter of the law is silent with reference to a Town Superintendent teaching in his own town, yet the spirit of the School Code is sufficiently explicit on this point — that he is selected to watch over and visit the schools of his town, and see that the teach- ers are doing their duty and properly conducting their schools, and to attempt himself to teach is not what he was chosen to do ; to ex- amine and qualify others, and not attempt, what no man could do, examine and qualify himself ; to annul certificates for unworthiness and improper conduct, which no man would be likely to do against himself, if a teacher. In fine, it is his sworn and sacred duty to stand as the guardian of the districts of his charge, and see that they have none but properly qualified teachers, and not seeking or permitting himself to teach, thus depriving the people of that guar- dian care they repose in him, so necessary to secure the greatest good to the rising generation. In a matter of this importance, even " the appearance of evil" should be scrupulously avoided. NOTES. 81 N'ot^ G. EXAMINATION OV TBACHERS, AND ANNULLING CERTIFICATES' The Town Superintendent is required by law, to examine all can- didates for teaching, in regard to moral character, learning and abil- ity ; and if found qualified, he shall deliver to such person a certifi- cate in the form prescribed by the State Superintendent. (See Form No. 26.) The Town Superintendent may, if he shall think proper, limit the certificate to a single district, but it must remain in force for one year, unless annulled. But if the candidate is found deficient in either of those three important requisites, a certificate should be re- fused. The law contemplates a formal examination of the qualifi- cations of candidates , which should be extended to all the branches required to be taught in common schools, and to the method of in- struction. The duties and power thus confided to the Town Superintendent are most important and involve great responsibility, and upon their proper fulfillment, in a great degree, depend the elevation and im- provement of the district schools. He should discharge his duties in this as in all other respects, without " fear, favor, affection, or hope of reward," with no other object in view than the best inter- ests of the schools under his supervision. In all cases teachers must be examined in English, and in regard to their qualifications to teach in English, as the law expressly re- quires it ; and it is not a compliance with the law that they are qualified to teach in any other language. Any Town Superintendent who shall issue a certificate to any person not competent to instruct in the English Language the branches required by Law, will render himself liable. ANNULLING CERTIFICATES. If complaints are made against a teacher, by any person con- cerned, to the Town Superintendent, it is his duty to inquire into the cause of such complaints. If it is his intention to annul the cer- tificate of such teacher, he must give ten days notice in writing to 11 82 NOTES. the teacher and to the District Board, of such intention ; and should state in such notices the complaint or oharges made. A day for hearing the charges made against the teacher should he appointed by the Town Superintendent, if desired by either the teacher or the District Board, which will afford a fair opportunity of arriving at the truth of the allegation^. If the complaint is that he has not suffi- cient qualifications, he should have an opportunity for a re-examina- tion ; if on account of his mode of instruction or school government, the Superintendent should visit the school and ascertain the truth. — But in no case should the Town Superintendent exercise this power in an arbitrary manner, nor unless he is satisfied of the truth of the charges preferred, or of his incompetency to teach the school For Form of note annulling teacher's certificate, see No. 27. If complaints are made against a teacher, it is not optional with the Town Superintendent whether he will examine into the case or not. H poi nt a day, and give the case a full and impartial hearing, and decide it upon its merits. Hi? decision may be ap- pealed from to this Department. INSPECTION OF SCUOOLS. It is the duty of the Town Superintendent to visit all eommon schools within his town. Section sixty-one particularly points out his duties as such visitor, and they should not be neglected. He should visit each school at least twice each term, or oftener if circumstances require, and should advise with the teachers, officers and others, up- on all matters pertaining to the school, or the affairs of the district. All teachers will bear witness of the happy influence of frequent vi- sitation of schools, not only by school officers, but by parents, and all persons who have r>hildren in the school room under their guar- dianship. " The teachers and scholars feel that they are not abian- doned to neglect ; the apprehension of discredit will stimulate them to the greatest effort ; while the friendly suggestions of the visitors will tend constantly to the improvement of the schools, and they will themselves be more and more enabled to recommend proper measuj'es from their better acquaintance with the subject." N0TB6. 83 Note H. OF THE FORMATION AND ALTERATION OF SCHOOL BISTRICTS, The method of proceeding in the formation of School Distriefcs liaa been considered in Note A. Section sixty-two provides tha& whenever the Town Superintendent contemplates any alteration ua the bonndaries of a School District, he shall give five days notice t© the Clerk of each district to be affected thereby, at the time an^ place he will be present to decide upon such proposed alteration. — (See Form No. 28.) The District Clerk will immediately notify the other members d* the Board, which may be done by giving them a copy of the notiee served upon him. The District Board may apply to the Chairman of the Town Board of Supervisors and Town Clerk, to be associated with the Town Superintendent ; and when such Board is constitute4, it requires a majority to make any change in the boundaries of the district ; and in case of a joint district, the District Board may (eal| in the town officers, above named, of each town of which the joiut district forms a part, and it will require a majority of the Board m constituted to alter the limits of any joint district. It is entirelj optional with the District Board whether they will thus apply to tlie Town Superintendent or not. In all cases of alteration of the boundaries of a school district, whether with or without the consent of the District Board, it is tte duty of the Town Superintendent to immediately notify the Towm Clerk, and the Clerk of each district affected by such alterationu— If the District Board consent, notice may be given to the district % filing a copy of the order altering the district, with such comseat endorsed thereon, with the District Clerk. If they refuse their eosa- sent, notice may be given according to Form No. 29. When the con- sent of the District Board is given, the alteration takes effect froaci the time of filing the notice with the District Clerk, unless otherwise specified in the order. Notice may be given to the Town Clerk by delivering to him the order making the alteration, and also statiBg when such order wiU take effect. A conditional consent can not be received from a District Board -^ it Daust be given without any express or implied condition, and t© 84 NOTES. tho specific alteratioa made in the order. For Form of order al- tering boundaries of a district, and consent of District Board, see No. 31. Alterations in the boundaries of a joint district must be made by the concurrence of the Town Superinteiident of each town in which any part of the district is situated, and notice' ^hfeteof must be given to the Clerk of each such town. .... In no case should any petition from any person to be set off from a district for the evident purpose of avoiding a tax for building a school house, be entertained by the Town Superintendent, or by the town officers associated with him in deciding upon the division of a district. DIV1.SI0N OF PROPERTV ON' THE I'OilMATlON OF A NEW DISTRICT KllOM A.\ ORGANIZED DISTRICT. Whenever a new district is formed AvhoUy or partially from the territory of a district possessing a school house or other property, it is the duty of the Town Superintendent at the time such formation takes effect, to ascertain and determine what proportion of the value of such property the new district is entitled to. This amount must be ascertained by first determining the real condition of the district at the time of the division, by adding to the value of the school house the value of all other property, including the school house site, library, apparatus and money in the treasury ; and from the aggre- gate deduct the amount of all debts due from such district. The new district is entitled to such proportion of that balance as the tax- able property set oft" from the old district bears to the whole amount of taxable property before the division. For instance, if the old district contained $8,000 of taxable property, and $2,000 was set into the new district, such new district is entitled to one fourth of the value of the property retained by the old district. In settling the division of property between districts, the District Boards cannot call in the town officers to act with the Town Superin- teadent, as the law puts this responsibility upon him alone. Having determined the amount to which the new district is enti- tled, tlie Town Superintendent must make an order (see Form No. 32) directed to the District Board of the district, retaining the NOTES. 85 seLool house, &c., requiring such district to levy and collect the amount awarded to the new district, and pay the same to the Treas^ tirer thereof. -^' - .>urposes, a sum of money, equal to one-half the amount rec-eived firom the State at the last previous apportionment. The law requires the County Board o? Supervisors, at their an- BIGEST OF DECISIONS. 8T nual meeting each year, to estimate and determine the amouMt to be raised in each town arid city for school purposes. It is not sufficient that the aggregate directed to be raised in the county is equal to one-half the amount received by the county at the last apportion- ment ; but iticmust appear from the certified statement of the Clerk of the Board of Supervisors made to the State Superintendent that each town and city has been directed to raise an amount equal to cue-half that received the March previous, or school money cannot be apportioned to such towns and cities, under the provisions of the Constitution. A neglect to return to this Department by the time specified, the County School Tax levied, and to make his Annual Report, renders the Clerk of the County Board liable for the full amount with inter- est, which each town shall lose by such neglect and refusal. It has in a few instances been permitted, by special legislation, that when the County Board has neglected to levy the proper school tax, the towns were authorized to do so, and the Town Clerks di- rected to certify such assessment to the State Superintendent, who was then authorized to apportion to such towns. There is no law now existing, warranting such a course of procedure, and it cannot be sanctioned by this Department. DIGEST OF DECISIONS. APPORTIONMENT OF SCHOOl MONEY, Town Superintendents must be governed by the reports of the District Clerk, in apportioning school moneys ; but a mere clerical ■error may be corrected after such reports hav» been made to the Town Superintendent, and before he makes his return to the Clei'k of the Board of Supervisors. He can not try the truth of the Clerk's ■certificate ; if willfully false, the law prescribes the penalty. In case of a joint school district, the Town Superintendent of each t€(wn, in which any part of such district is situated, wiU apportion 88 DIGEST OF DECISIONS, school moneys to such district according to the number of children reported to him as residing in that part of the diistrict lying in his town, without regard to the amount raised in the other towns for school purposes. It is the duty of the Town Superintendent to apply to the Town and County Treasurers for the school money as soon as the same is payable ; and to apportion such money immediately after it is re- ceived by him, among the several districts of his town which have complied with the law. The Town Superintendent can not legally apportion any school money to a district in which a common school was not taught by a qualified teacher for three months during the year ending on the 31st day of August last previous to such apportionment, which is a Con- stitutional requirement ; but in determining this, he must be guided by the reports of the District Clerks, as he cannot go back of their reports, even if he knows them to be willfully false. In svich a ease^ it is his duty to prosecute the offender, and if he does not. he renders himself liable to a penalty. A district which is not entitled to an apportionment of school money cannot receive library money, notwithstanding it may have complied with the laws and regulations concerning district libraries. The law provides that the Town Superintendent shall not appor- tion school money to a district which has not expended, for the pay- ment of teachers' wages, all school moneys received from the School Fund during the year ending at the date of the last previous annual report. This is to be understood with some qualifications, and vests in the Town Superintendent the exercise of a sound discretion. It is the intention of the Constitution and Laws of the State to grant aid to every district for the support of common schools, where aU the children of the district may receive instruction, and participate in the benefits of our free school system. But this aid is granted upon the condition that a common school shall be maintained at least three months in each year, and that the money previously received by the district has been expended as the law above cited requires. This provision of law is directory as to the manner of expending public money, and not as to the time of expending the same. The object of this provision is to prevent the use of money re- DIGEST OP DECISIONS. 8'^ eeived from the School Fund for auy other purpose than the payment of teachers' wages, and not that every cent of such money shall be expended by a particular day. Should there be a small surplus in the District Treasury at the date of the Annual Keport, or a larger sum that, by vote of the district, had been set apart for the payment of the wages of the teacher of the the then approaching winter school, there is no good reason why the Town Superintendent should with- hold an apportionment from such district, as it is acting in good faith with the State, and has in spirit complied with the law. But the Town Superintendent must not suffer money derived from the School Eund to accumulate iu the treasury of a School District ; and he can not apportion money to a district that has used any portion of such money for other purposes than the payment of teachers' .wages. As different constructions have been given to the words, '' school moneys received from the School Fund," as applied to School Dis- tricts, it may be proper to state, that they mean that portion of the school money of each district received by apportionment from the Town Superintendent, which is derived from the income of the School Fund annually apportioned by the State Superintendent to the sever- al towns and cities of the State. The Town Superintendent is not authorized to apportion money to a district, where any other officer than the District Clerk made and signed the Annual Report, as there is no responsibility or penalty in- curred for false statements in a report made by any other than the District Clerk. The apportionment is based entirely upon the reports of the Town Superintendents, and consequently, if a district does not make its re- port, it is left out of the apportionment, and cannot be entitled to any share in the apportionment. In case the District Board divide the school into different depart- ments, all public money must be paid to qualified teachers. Any arrangement by which all the money is paid to the principal, and part paid by him to the assistants not properly qualified, would be a palpable evasion of the law, and would cause the district to lose its apportionment. 9Q QIGBBT eP DECISIONS. ALTEEATIONiS OK SOHO0L DISTRICTS, The State Superintendent has no power to form or alter school districts, except on appeal from tlie Town Superintendent who re- fuses so to do. Joint school districts are those that are composed of parts of two or more towns, and they can only be formed and subsequently altered by the joint action of the Town Superintendents of each of the towns in which such districts are situated, except when by the alteration of town lines, such town lines run through the district, when it becomes a joint district by operation of law. Joint districts may be formed from parts of different counties, but never should be, except in cases of urgent necessity. Nor should joint districts ever be formed when it can possibly be avoided. Nine- tenths of all the difficulties in regard to the management of school districts, arise from joint districts. All parts of a joint district should have the same number, or be numbered alike, and that number should differ from that of any whole district in either of the towns out of which such district is formed. Whenever, by a change in the boundaries of a town, the town line passes through a school district, such district becomes a joint district by operation of law, and can only be altered in the same manner as districts that were originally formed as joint districts. A joint school district, in all cases, except in its formation and al- teration, is within the jurisdiction and under the supervision of the Town Superintendent of the town in which the school house of such district is situated. As in case of the alteration of a district, the town officers of the town may be called in, so in the case of a joint district, the officers of both towns may be called in at first ; but no appeal can be taken Irom the action of the Town Superintendents to a Board thus com- posed. In the formation and alteration of a school district, no appeal can be taken from the acts of the Town Superintendent to a Board to be composed of the said officer, the Chairman of the Town Supervisors and the Town Clerk. The law does not authorize such a proceeding ; OiaBS'S OF DHCISIOJTS. &! but the District Board of any district to be afFeel>ed by any alt^la- tt®u proposed by tbe Town Superintendent, may apply in the first iastarnce, to svich ofl&cers to be associated with the Superintendent, and the concurrence of a majority of such Board, when so constituted, is i\ecessary before any alteration can be made. All appeals from the action of the Town Superintendent must be made directly to the State Superintendent. Appeals may be taken from the action of the Board above mentioned, to the State Superintendent either for alter- ing or refusing to alter school districts. The law only provides for the division of the property of a district in cases where a new district is formed from one or more districts possessed of a school house and other property, &c.; and the propor- tion of the value of such property to which the new district is enti- tled should be ascertained a'nd awarded at the time of making the the order forming the new district. The neglect of the Town Super- intendent to make such award does not extinguish the claim of the new district upon the old, for its just proportion of the value of such property. But if the Board refuse to give their consent to the alteration, thereby postponing, for the term of three months, the time when the alteration will take effect, the aM'ard should be raade at the time such order takes effect, and based upon the property owned by the district at that time. Whenever a portion of the territory of one district is annexed to another existing district, the consent of a majority of the District Board of each district must be procured to make the act immediately operative. Or, in other words, in all cases of alteration in the boun- daries of a school district, the consent of a majority of the District Board of each district that will be affected by such alteration, must he obtained, or the alteration will not take effect until the expiration of three months. Alterations of the boundaries of school districts may be made be- tween the first day of December and the first of April, to take effect on or subsequent to the first of April. It is, however, advisable, as a general rule, that new districts should be formed and tke bounda- ries of organized districts changed, only when such formation or .change is required to take effect at once. 92 DIGEST OF DECISIONS. "Whenever an alteration of the boundaries of a school district is made without the consent of the District Board, and the three months, after notice given to such Board, shall expire between the first day of December and the first day of April following, such a!- teration will not take eff"ect until the said first day of April. If a district ceases to elect officers and neglects to maintain school, it virtually loses its organization, although perhaps not strict- ly, Ih such a case it would be the duty of the Town Superintendent to annex their territory to districts in which schools are main- tained. The decision of a case upon appeal by the State Superintendent in. regard to the limits of a district, does not fix the limits of a district so that they can never be altered. The decision of an appeal de- cides the case only upon the facts as presented. Upon a difi'erent state of facts, or upon a change in the town,' upon an increase of population, or for any other sufficient reason, the Town Superintend- ent can, in his discretion, alter the limits of a district. A decision of the State Superintendent is not so conclusive and final as to for- ever prevent the proper authorities from changing their districts. — It is conclusive and final, so far as the case under consideration goes, {ind no farther. . , , , In case a district is divided by the Town Superintendent, and' the division acted upon, and if the division is subsequently, upon appeal, decided to have been illegal, after the new district has made its an- nual report, and before the apportionment is made, it would still be entitled to its share of public money ; for the division being consid- ered as legal, and in good faith acted upon as such, it is, for the time being, and vintil otherwise decided, a legal district ; and the subsequent decision of its illegality does not invalidate its action. — Besides, if the district be decided as illegal, it retains its vested rights in the old district, and would be entitled to public money on this ground. OERTIFICATES OF TEACHERS ANNULLING CERTIFICATES. The law confers no power on the State Superintendent to graat certificates of qualification to teachers of common schools. A certificate of qualification should not be granted to a persoB DIGEST OF DECISIONS. 93 who caunot teach in English, as the law provides that the branches required to be taught in district schools shall be taught in the Eng- lish language. It is not required of a Town Superintendent to advertise at what time and place he will be present to examine applicants for teachers' certificates, though such a course in many towns may be desirable. He is simply required to examine those who apply to him for a certif- icate. No person is a qualified teacher, within the meaning of the law, unless possessed of a certificate of qualification, in the form pre- scribed by the State Superintendent, from the Town Superintendent of the town where the school house in which he is teaching is situated. Certificates of qualification of teachers should bear date on the day of examination, and cannot be ante dated. All certificates re- main in force for one year, unless sooner annulled. The certificate of a teacher may be annulled without a re-examina- tion, if, after due notice given, such teacher refuses a re-examination, K a teachers' certificate is annulled, the District Board are at liberty to rescind the contract and dismiss him. But if they continue him in school, after notice that his certificate has been annulled, it will be regarded as such a continuance of the contract, that they will not be allowed to object to the payment of wages for the full time he taught the school ; but no such time can be returned to help to make up a three months' school, in order to share in the apportionment, for when a teacher's certificate is once annulled, he is no longer a qualified teacher. A practice prevails to a great extent, in many instances causing serious difiiculty, of hiring teachers who have not a certificate of qualification from the Town Superintendent, upon their promise to procure one, which frequently creates serious difiiculty. This prac- tice should at once be discontinued, and all teachers should be required to present their certificate when they present themselves as candi- dates, for the law does not authorize the Clerk to hire any but qual- ified teachers, and any contract thus made imposes no obligation upon the district to pay the wages of such teacher ; and the Board, so acting, render themselves individually liable for the amount. In all cases, without any exception, the Clerk should refuse to enter into contract with a teacher until a certificate had been obtained. ^4 DIGEST OP DECISIONS. DISTRICT OFFICERS. All district officers shall be chosen for three years, except that for s- the year 1858, and in the first election in any newly organized dis trict, the Clerk shall be chosen for one year, the Treasurer for two years, and the Director for three years. If a district neglects or refuses to elect officers, the officer elected the previous year holds his office for ten days after the expiration of his term, at which time the Board may appoint his successor ; but if they neglect or fail so to appoint for ten days, the Town Superintend- ent may fill the vacancy by appointment. District officers may be legally chosen viva voce, or by ballot, or in any other mode determined upon by the meeting, as the law does not specify the mode of election. The fact that officers are elected, and so declared, by either mode, without any express resolution pre- viously adopted, directing the mode of electing officers, implies a consent to the manner of election by which they were actually chosen. A majority of the votes cast is requisite to the choice of district offi- cers. But the correct mode of electing officers is by ballot, and no school district should depart from it. The refusal of a district officer to perform his prescribed duties, vacates his office, and the vacancy may be filled as provided by law. Section 88 of the >Sehool Law imposes a fine upon the Clerk, and other district officers, for neglect of duty. The Clerk, and all dis- trict officers, must be left to their own discretion in their action, but a persistent refusal to carry out the wishes of tlie Board, should va- cate the office of the person who thus acts. Harmony of action should be preserved, or the efficiency of the school is very much im- paired. The evident intent of the law in regard to the employmettt of teachers is, that a majority of the Board shall hire the teacher. If the Clerk obtains, with his own, the endorsement of another member of the Board, they two constitute a majority — the Clerk merely car- rying out the wishes of the Board in drawing up and signing the contract in his capacity as Clerk of the Board. If the District Clerk had the power to set the other members of the Board at de- fiance, he would be the sovereign of the district, unless there was some remedy against such an unwarranted assumption of power. DIGEST OF DECISIONS. "^0 There is stieh a remedy in the law, which, in effect, declares that a majority of the Board shall select the teacher, as two of them are required to sign tiie contract ; then it plainly becomes the duty of the Clerk to draw up the contract and sign it. If he refuses to do this, the other members of the Board should at once declare his office vacant, and proceed to appoint one in his place, who will feel it to be his duty to carry out the expressed wishes of the Board and the people. Still, the Clerk may have good and valid reasons for such, refusal, in which case, upon appeal to this Department, the matter will be decid»ed. The Clerk has no right to question the qualifica- tions of a teacher chosen by the Board, as that question is consid- ered settled if he has a certificate from the Town Superintendent. And if the Board agree as to the teacher, it becomes the duty of the Clerk of the Board to carry into efi"ect their wishes. This arises from what has before been stated, that the Clerk acts in a double ca- pacity — as a member of the Board, and as Clerk of the Board. A District officer cannot qualify after the ten days allowed by law have expired. His office is then vacant, and must be filled by the remaining members of the Board, or if they fail to do so within the proper time, by the Town Superintendent. If a District officer removes from the District, his office becomes vacant from the time of such removal. If such removal is not a per- manent one, but still one which interferes with the proper discharge of his official duties, his office should be deemed vacant. The duties of the office of District Clerk and teacher of the school of the same district, are incompatible. The Clerk is the agent of the district, and one of the Board to employ a teacher ; and while acting in that capacity cannot act as teacher, as he would have to enter into contract with himself, determine his own wages, and draw orders for the payment thereof, and do other things which are incon- sistent, not to say illegal. If the District Clerk desires to teach the school of his district, he should resign, and have some one appointed to fill his place. Nor can the Town Superintendent teach as a qualified teacher, as he cannot qualify himself If the Board hire an unqualified teacher, they are individually responsible. No school money can be received frona the State if the school is taught by an unqualified teacher, and 96 DIGEST Of DECISIONS. the Town Supei'iatenclent, while acting as such, canuot be a qualified teacher. If he wishes to teach, he must resign as Town Superin- tendent, and receive a proper certificate of qualification from his suc- cessor. This matter has already been more fully noticed under the head of Town Superivtendent — His Powers and Duties. The Director has no right to commence a suit against the Clerk, but he can institute proceedings against the Treasurer. Either the Town Superintendent should commence proceedings against a Dis- trict Clerk, or else the District Meeting should institute such action, when the Director may ajjpear for and in behalf of the district, un- less some one else has been specially designated for that purpose. DISTRICT BOARD. When any portion of the school money is applied to the payment of the wages of a teacher not duly qualified, or is otherwise illegally appropriated, the District Board making such unauthorized expendi- ture are personally liable to the district for the amount. Although a scholar has a legal right to attend the school of the district in which he is a resident, his own conduct may deprive him of that right. If his behaviour is disorderly and uncontrollable, and he persists in a violation of the discipline ^nd regulations of the school, after all legal and proper means have been exhausted on the part of the teacher to secure his reformation, the teacher should submit the facts to the District Board ; and if their intercession proves unavailing, they should expel him from school. For it is bet- ter that one should be expelled, than the usefulness of the school des- troyed. A teacher has no authority to expel a scholar. A scholar who has been expelled can only be re-admitted on satisfactory evi- dence presented to the District Board of a determination on his part to comply with all reasonable regulations of the school. The law provides that " the District Board shall have the care and keeping of the school house and other property belonging to the district," and the question arises as to the extent of the power con- ferred by this provision, and to what uses the school house should be confined by the District Board. The general principle applicable to cases arising under this provision, is this : that it is the duty of the Board to exercise such general supervision over the oare and man- DIGEST OF DECISIONS. 97 agement of the district school house, as that the instruction of the pupils in the school shall not be embarrassed by any use of the house other than for school purposes ; and that the property of the district and the furniture, apparatus, books and papers belonging to the school, or the pupils, shall not be injured or destroyed. Any use of the house in subordination to these restrictions, and not inconsistent with the main purposes for -which it was designed, must be left t® the determination and pleasure of those to whom it belongs, whoise wishes and directions, in this respect, the District Board are bound to carry out. The school house is the property of the district, and subject to its control, within the limitations of the law. The purpose for which it was erected must be pursued, and nothing can be suffered to inter- fere with that. But when that purpose is accomplished, there is neither reason nor law for prohibiting its application to any object of social or moral improvement which a majority of the voters of the district may sanction. Upon this principle, and subject to the re- strictions and limitations referred to, it may be used, out of school hours, and when not wanted for any district purposes, for lectures, debating societies, religious meetings, or any other moral, literary- or useful purpose, with the approbation of a majority of the distri-et. The Distri t Board are responsible for any damage the school house may recei\ e while being used, for purposes not authorized by the district, by their consent. The District Board have no authority to levy a tax without a vote of the district. The District Board can not discharge a teacher who has pest- formed his duties according to contract, without incurring the liabi- lity on the part of the district, of paying the teacher for the wbok time he contracted to teach. A teacher once hired should not b« dismissed, except for imperative reasons, as it breaks up the regula- rity of the schools, and endangers the prosperity of the district, and it may not be possible to procure another teacher in time to meet the requirements of law, in maintaining a three months school, m order to share in the apportionment. Several cases have alreadj come to the knowledge of this Department, in which districts will be deprived of their apportionment for this reason. 13 98 DIGEST OF DECI SIGNS. The immediate government of the school must rest with the teach- er ; but his acts are all under the control of the District Board. In all cases, unless it is impossible so to do, the teacher should be siis- tained by the Board, as an interference on their part, except in his support, weakens his influence, and tends to destroy his authority, and a school without good government is of little use. The District Board have authority to employ a teacher for three months without the direction of a vote of a district meeting. The School'Law makesjt imperative upon district schools to have certain branches taught, but the same law gives the Board power to add such other studies as they may deem proper, such as writing compositions, declaiming, etc. The power to determine what taxt books shall be used in the several branches taught in district schools, is vested solely in the District Board, under the advice of the Superintendent of Public Instruction. In many school districts it is the practice of the District Board t« engage a teacher with the understanding that he shall board with the parents of the children attending school proportionably to the number sent. There is no authority for such a contract, and it caBr- aot be enforced on the inhabitants. If by mutual and general con- sent, such a course is sanctioned and adopted by the inhabitants of a district, it will have the effect to lighten the burden of taxation, and prove otherwise agreeable. If this is not done, there is no other way than to contract to pay the teacher a specified sum per month, or term, and let him board himself; and if the public money is in- sufficient to pay the teacher, the balance must be assessed and col- lected upon the taxable property of the district like other taxes. The power to admit pupils from without the district rests entirely with the Board. The first duty of the district officers is to meet the wants of the children within their own district, and if they see St they can admit others. In no case can a tuition fee be collected lirom scholars from without the district — except for attendance on Union or High Schools. In case pupils from without the district apply for admission in the district school, the teacher should be consulted, as he contracts to teach the children of a particular district. If he refuses, it would DIGEST OP DECISIONS. 99 be w»ll for the Board to be governed by his wishes, as he can tell fer better than they whether such additions will detract from his uaeful- aess to the scholars of the district. SCHOOL MONEYS, ETC. The amount of all expenditures incurred by a school district for any purpose authorized by law, over and above what is satisfied by the amount of school money apportioned to it, must be raised by tax upon the taxable property of the district ; and each contemplated item of expenditure should be specifically stated in the resolution adopted by the meeting sanctioning such expenditures. Whea the whole amount of tax raised for a specific purpose is not required for that purpose the balance may be used for such other legal object as the district majf direct. Money raised and collected in any town for school purposes, should not be paid over to the County Treasurer, but retained by the Town Treasurer, and paid by him to the Town Superintendent on application. No mere money can be legally expended in the erection or repair of a school house than is necessary for common school purposes. A school house should be built solely with reference to the object for which it is intended, and to the convenience and comfort of scholars and teachers. The law empowering school districts to raise a tax to build a school house, does not contemplate that they should have power to tax the people to build a church. Section 100 of the School Law authorizes school districts to bor- row money to build or purchase a school house, but this section must aot be made to apply to borrowing money for any other purpose. DISTRICT MEETINGS. School district meetings are authorized to " alter, repeal and mo- dify their proceedings as occasion may require." This is to be un- derstood as granting only a conditional power ; for whenever con- tracts have been actually entered into, liabilities incurred, or expen- ditures of money made, in the prosecution of any measure directed by the district, a repeal, alteration or modification of such measure 100 DIGEST OF DECISIONS. will not be sanctioned, as no means exist to indemnify those wlio may be losers thereby. When district officers have been legally elected at any district meetiug, neither that nor any subsequent meeting have any power to reconsider or rescind the vote, wliether by ballot or otherwise, by which such officers were chosen. A dis- trict officer, when elected, cannot be deposed by a vote of a district meeting. A tax cannot be voted for arrearages generally, or to reimburse district officers for moneys expended by them, unless it appears by the vote that the money is to be applied to the objects for which taxes may be raised ; all such votes must be taken by ayes and noes, and entered at length upon the district records. When the voters of a school district have by a vote to that eifect, authorized the District Board to make repairs upon the school house, or to do any other lawful acts involving an expenditure of money, they will be required to save the district officers harmless if the lat- ter have acted in good faith. The voters of a district may legally vote a tax to enlarge their school house, notwithstanding it may have already cost $500 00 without a certificate from the Town Superintendent. A school house built by subscription may, if under the control of the District Board, be kept in repair by a tax upon the taxable property of the district. The voters of a School District ea»notj by a vote to that effect, direct that the requisite fuel shall be provided by those persons sending children to school, in proportion to their attendance, as no such vote can be enforced. The inhabitants may voluntarily contri- bute their proportion of fuel, which will of course lessen the amount of taxes to be raised ; but if they do not, the District Board are re- quired to furnish fuel, to be paid for by a tax levied upon the tax- able property of the district. DISTRICT SCHOOLS WHO MAY ATTEND TEACHER, ETC. Every person over four and under twenty years of age has a legal right to attend the common school of the district in which he resides, free of charge ; but has no legal right to attend the school of any other district. DIGEST OF DECISIONS. 101 The District Board of any district have a right to exclude from their school children not residing therein ; Provided, No directions to the contrary have been given by a meeting of the district. Such officers may permit children residing in another district to attend their school ; but this should never be done if opposed by a majority of the voters, or if it will in any way tend to discommode the scholars who have a legal right there. The object of the District Board should be, in the first place, to secure, as far as possible, every advantage and facility to the chil- dren of their own district for partaking of the benefits of the school. When that is done, scholars from adjoining districts may be admitted if such admission will not operate to the injury of their own. If ■children from other districts are admitted, it should be without charge for tuition, as its collection cannot be enforced. 'The residence of children, as a general rule, follows that of their parents or guardians. The fact that a scholar goes from one district into another to reside, for the sole purpose of attending school, does not constiti^te such a residence as to give him a legal right to attend the school. Children under four years of age should never be permitted to at- tend district schools ; and the District Board should never object to the admission of persons over twenty years of age to the school of the district in which such persons reside, unless their attendance will prevent the attendance or proper instruction of those of legal .age. The teacher of a school has necessarily the government of it ; and he may prescribe the rules and principles on which such government will be conducted. The District Board should not interfere with the discipline of the school except on complaint of misconduct on the part of the teacher ; and they should then, invariably sustain the teacher, unless his conduct has been grossly wrong, lest they do greater injury than has already been done. The teacher should at .all times consult with the Board, and as far as possible follow their iidvice and direction in all matters of discipline. The law does not prescribe what punishment may fee inflicted by a teacher in the government of a school ; and the practice of inflicting •corporal punishment has no sanction but usage. The teacher is re- 102 DIGEST OP DECISIONS. sponsible for the maintenance of good order, for without order theye oan be no proficiency in the school ; and he must be the judge of the degree and nature of the punishment required, as eircumatanees arise, always acting dispassionately, and with an earnest desire to do that which will most advance the interest of the school, and the re- formation of the offender. But the teacher is liable to the party injured for any ahuse of a prerogative that is wholly derived from euetom. It would always be advisable for teachers, as far &b possi- ble, to avoid corporal punishment, as tending to debase and harden the minds and feelings of the scholars. If such punishment is ever inflicted, let the offender be punished in private, and not make his disgrace a public spectacle ; and by thus showing respect for the finer feelings of our common human nature, much would be done towards removing the occasions in which corporal punishment would ever seem necessary. When a person enters into a contract with a district as teacher, he engages to teach the school seven hours, including the usual intermissions, each day, and no longer, unless particularly specifier? in the contract ; and his authority over the scholars extends only to the school house and play-grounds. For he might with the same propriety be expected to teach the scholars beyond the usual timination of advantages in other respects can compensate for the ab- sence of this ; and the house should be built at any point, no matter feow far distant from the center, or the district should be disorganized and attached to those which surround it, rather than expose the chil- dren every time they step outside the school-room to the poisonous miasma arisino; from marshes and low lands in the summer, or the piercing blasts and severe cold of an elevated situation in the winter. Neither should a school-house be built on a level arid waste, where the scorching rays of the sun pour down continuously during the long summer days, drying up vegetation, burning the life out of the at- mosphere, and enervating the body and mind of teacher and pupils, but on a gentle eminence, suflficiently elevated to be always free from standing water, and protected, if possible, from winter's winds by a ridge of land or a grove of timber. " Having selected the spot for a site, the next thing in order is to determine its size, and this is the second point at which mistakes are asually made, though there is not generally as much contention about the size as about the locality of the site, all agreeing in providing ihe smallest one that will answer the purpose. In many instances the front of the house is set even with the road fence, leaving no yard except that furnished by the street ; in others the fence curves beau- tifully around the rear of the hoxise, leaving space enough for teams to pass, and an area at the sides on which to pile the firewood, and serving as a place of deposit for ashes, litter, etc. " Notwithstanding the interest felt in the subject of education, and i^he improvements which have been made in the construction of school- houses, actual examination of a large portion of the State, has con- vinced us that not one school-house in a hundred has a yard of suita- ble size and properly enclosed, and this is true of sections of country in which land is not worth more than ten dollars per acre, " Now, that every school-house should have an enclosed yard, is SCHOOL HOUSES. lOS ■evident from the following considerations : First, as a matter of economy. The house and appurtenances are always more liable te damage from accidents, and trespasses on the part of animals, rude boys and uncivilized men, when standing open to the street, than when surrounded by a good fence. ' ' Second, on the score of neatness. A yard or area to which hogs and horned animals have access at their pleasure, is not a fit place for young children to sport and play in, and it is impossible for the teacher to exert a proper influence upon his or her scholars in regard ■to cleanliness, and the personal habits connected with it, so long as th€ school-house is situated in the highway, and surreunded by th« filth which usually accumulates under such circumstances. ' ' Third, pupils should have sufficient room for exercise and amuse- ment without using the highway for that purpose, not only because they are liable to injury from passing teams, and often ffighten skit- tish horses, causing their drivers annoyance and trouble, but because of the influence the unrestricted use of the highway will have upon their future characters and lives. "Habits of lawless self-indulgence and disregard of others' rights are the legitimate results of lessons learned in the street, and all who ■realize the truth of the saying, that " the child is father to the man,,' .will see in unfenced school-houses, cemeteries, and the like, a cause for the prevalence of the idea ^ which regards the public as an outlaw, whom all are at liberty to hunt and plunder. " Every country school-house should have a yard containing at least one acre of land, and should be so arranged as to aiford a sepa- rate play-ground for each sex, with proper out-buildings." — A, J. school-house, reference should be had not merely to the number of children needing accommodation at pres- ent, but also to the probable number who may be residents of thedi»- trict for several years in the future. A district in which there are forty children of an age suitable to attend school, should erect a house capable of accommodating sixty pupils at the least. "We will suppose, then, that a house is to be built to accoBomo- date that number of pupils ; the size and arrangement of the seats aire first to be considered. The best arrangement is a single seat anci desk for each pupil, but when such cannot be had. double seats and desks for two pupils will do very well, and will cost but little more than the old fashioned long seat and desk." THE SOIOOL ROOM. The school room, in addition to the space required for aisies aod the teacher's platform, should be large enough tc accommodate, with a Beat and desk, every scholar who is entitled to attend the schooij and also to allow at least one hundred and sixty cubic inches to each scholar ; so that a room twenty-five feet by thirty, and ten feet in height, is none too large for the healthy and convenient accommoda- tion of forty-five scholars. The room should be well lighted, with windows on the sides of the building, so that the light will not shiae directly upon the faces of tlie scholars, and should be furnished with curtains or blinds. The teacher should have a platform raised a few inches from the floor, and supplied with a desk, situated Dear the front entrance to the school room. SEATS AND DESKS. The seats and desks should be so arranged that all scholars will sit facing the teacher in bis desk ; and should be so constructed that but Irwo scholars will occupy one seat and desk, which should be at leaat three feet eight inches long. Thus no scholar will disturb anothe? by leaving his seat. A separate seat and desk for each scholar would be still better. The height of the seats and desk^ should W SCHOOL HOUSES. 107 graduated to suit the ages of the different scholars. For a child ten years of age the seat should be about thirteen inches high, and desk twenty-two inches ; width of the seat about eleven inches, and of the desk fourteen inches. For a scholar seventeen years of age the seat should be sixteen inches high and thirteen wide ; the desk twenty- eight inches high and eighteen wide. Three inches of the upper sxtrface of the desk should be level, the remainder sloping not more than one inch in a foot, and the edge should be in the same perpen- dicular line with the front of the seat. The back of the seat should slope about two and a half inches in sixteen. The room should be properly warmed, and kept at an even tem- perature of about sixty-eight degrees ; and as stoves are mostly used for tbis purpose, the pipe should be carried as high as possible above the heads of the scholars, to a flue within or next to the walL Every school room should be supplied with at least a black board, and three outline maps — one of each hemisphere, and one of the United States. <]K,her maps, charts and apparatus, should be fur- nished as the wants of the district suggest, and its means will al- low. Pictures of persons, or scenes suited to a proper moral effect, are desirable and useful decorations of a school room. VENTILATION OF SCHOOL B,OOM. It ie a well ascertained fact, that the amount of air inhaled by a healthy adult during three hours, is at least seventy-five cubic feet, and that air once respired lo-ill not further sustain animal life. — Therefore forty-five scholars, during a three hours session of school, would exhaust the vitality of three thousand three hundred and seventy-five cubic feet of air ; and were they kept in an air-tight room, twenty by twenty-four feet, and seven feet in heigbt, and could they breathe the pure air until it is all once respired, they woidd all die before the expiration of three hours. Such a condition of things cannot well exist, but there are cases of approximation to it, and this is given as an instance, ^^to show the necessity of large rooms, high ceilings, and proper ventilation. For air once respired, mixes with and vitiates the pure air remaining in^^^the room, rendering its repeated inhalation unhealthy and injurious, enervating both body and 108 SCHOOL HOUSES. mind, and rendering both teacher and scholars unfit to pursue the object for which they are assembled. Proper means for ventilation should bo provided in all school rooms for the escape of the foul air, and admission of pure air, and should be'regarded as of primary im- portance in the construction of a school house. This may be done by constructing the windows so that the upper sash can be lowered, and by an opening, at least one foot in diameter, near the ceiling, into a flue which leads into the open air. If the ventilating flue can be carried up close beside or within the smoke flue, the warmth of the latter during the season when a fire is necessary, will materially aid the escape of foul air. Fresh air may be supplied by an opening in the floor under the stove, supplied with a tube leading beneath the floor, through the outside wall of the building. In conclusion, we would strongly urge upon the people of the State to foster their district schools, — those nurseries of wisdom and intel- ligence, and upon which the future of our nation so intimately depends. The annual meetings should be fully attended, and officers selected with a conscientious reference to their fitness for the office. Another point of vital importance is the selection of proper teach- ers. A good teacher is the cheapest in all cases ; and we would urge upon district officers the absolute necessity of looking well to the moral as well as mental qualifications of the teacher. The teacher should also be encouraged by frequent visits from the patrons of the school, — not in a manner to interfere with the discharge of his duties, nor to find occasion of complaint, but to show a proper interest in the great work to which he is devoted. It may also be observed that the harmony and good feeling that should exist in school districts and communities in relation to common schools, and the generous support that should be given to our free school system, depends much upon the enlight- ened zeal with which district officers and Town Superintend- ents fulfil the delicate and responsible trusts confided to them by the people. School officers are the agents of the people in carrying out and efi"ectuating the great republican principle of free schools ; and it TEXT BOOKS RECOMMENDED. 109 is hoped that the happy effect thus far experienced by the adminis- tration of this system, will not be suffered to decline in interest with the people, or usefulness to the children dependent upon it for an ed- ucation, through indifference or omission of duty on their part. LYMAN C. DRAPER, State Superintendent of Puhlic Instruction. TEXT EOOKS EECOMIENDED. In this age of improved textbooks it is no pleasant task to com- mend one book, or series of school books, as superior to all others of the kind. Yet it is on<^ of the obligations imposed by law on the State Superintendent — •' it shall be his duty to recommend the intro- duction of the most approved text books, and as far as practicable to secure a uniformity in the use of text books in the Common Schools throughout the State." " The Board in each district shall have power, under the advice of the Superintendent of Puhlic Instruc- tion, to determine what school and text books shall be used in the several branches taught in the school of such district." The law, then, makes it the " duty of the State Superintendent to recommend," while ' ' the power of determining what school and text books shall be used," is vested in the District Board, under the advice of the State Superintendent. It is a further duty of the State Superintendent to secure, as far as practicable, a uniformity in the use of text books throughout the State. How all this can be effected, is not so easily determined. It would be folly for the State Superintendent to recom- mend text books, and endeavor to secure a uniformity in their use, if the District Boards have full power to determine this matter for themselves. And if the four thousand District Boards in the State, have full control of this subject, and can select what text books they please, how can a uniformity by any possibility be secured? But this power on the part of the District Boards is plainly limited ; they can only determine under the advice, or reeomiaendation of the State 110 TEXT BOOKH RECOMMENDED. Superiutcndent. To meet this view of the case, and leave the Dis- trict Boards some latitude, two kinds of text books upoa the principal branches taught, are respectfully recommended in the following list Other series of Keaders are regarded as good, — Towers', Sargent's, Town & Holbrook's, Sanders', and Lovells'; but after a careful ex- amination of the merits of all, and consultation with several of the prominent educators of the Btato, preference is given to Parker & Watson's now series of National Headers, and McG-nffey's Eclectic Educational series. It has been already observed, that when different text books from those here recommended are at present in use, a sudden change might not be desirable ; but as soon as the old supply is worn out, and soon- er if the district will sanction it, let the proper change be made — for the proficiency of the scholars will greatly depend upon their having the best text books extant. Spellers and Reorders — National Series, McGuffey's Series Moral Instruction — The Bible, Cowdery's Moral Lessons. Grammars — Greene's First Lessons, Elements of English G-ram- mer, Analysis ; Clark's Grammar. Geographies — Monteith & McNally's Series, Warren's Geogra- phy, Warren's Physical Geography. Mathematics — Davies' Arithmetics and Algebras ; Ray's Arith- metics and Algebras ; Stoddard's Intellectual Arithmetic ; Colburn's (Prof D. B.) Arithmetic and its Applications; and Davies' Higher Mathematics. Gomposition, d^r. — Brookfield's First Book^; Quackboss' First Lessons ; McElligott's Analyzer. Speakers — Northend's Little Speaker : Northend's American Speaker ; Zachos' New American Speaker. Book-Keeping — Mayhew's Practical System ; Fulton & East- man's Book-Keeping. Histories — Lossing's Primary U. S. History ; Lossing's Pictorial U. S. History for Schools : Wilson's Outlines of General History ; Willard's Universal History. Ouiline Maps — Pelton's, Mitchell's. Drawing — Coe's Drawing Cards, Otis' Drawing books of Aniiaals and Landscapes. TEXT BOOKS RECOMMENDED. Ill Government — Shoppavd's Constitutional Text Book. Philosophy, d-c. — Parker's Philosophy, Wells' Philosophy, Wells' Soieuoe of Common Things, Peterson's Familiar Science. Chemistry — Porter's First Book of Chemistry ; Porter's Princi- ples of Chemistry ; Youman's Class Book of Chemistry. Botany — Wood's First Lessons ; Wood's Class Book ; Gray's Botanical Text-hook. Astronomy — Kiddle's Manual. Geology — Hitchcock's. Physioloyy, Hygiene, &c. — Loumis' Physiology ; Mrs. Porter's " Know Thyself:" Cutler's Physiology. Zoology — Mrs. Redficld's Chart of the Animal Kingdom ; Mrs. Redfield's Zoological Science. Music — Bradbury's Young Melodist ; Bradbury's School Singer. Reference Books — Webster's Dictionaries ; Lippincott's Pro- nouncing Gazetteer of the World ; Lippincott's Gazetteer of the United States. School Architeciure — Barnard's School Architecture, or Contri- butions to the Improvement of School^Houses in the United States, $2 00 ; Barnard's Practical Illustrations of the Principles of School Architecture — an abridgment of the preceding — price 60 cents. *,_).* The School Teachers'' Library is eminently worthy of the attention of all educators. The series consists of — Northend's Teacher and Parent ; Page's Theory and Practice of Teaching ; Mansfield on American Education ; De Tocqueville's American Institutions ; Davies' Logic of Mathematics ; Mayhew on Universal Education ; Soofi. on School Amusements. 112 MORAL AND RELIGIOUS INSTRUCTION. MORAL AND MLTGIOUS INSTRUCTION IN PUBLIC SCHOOLS. Office of Sdp't of Public Instruction, 1 # Madison, Wis., May 31st, 1858. J Daniel Collins, Esq., Watertown : Dear Sir — I duly received your favor of tlie 20th inst., in wliieli you inform me, that the Board of Education of Watertovrn, of which you are a member, have " unanimously resolved, that the reading of the Bible, and all forms of prayer, be discontiinued." You assign, as your justification for this action, the fact that your community is composed of so many different national elements; and, in conclusion, you ask my opinion on thejsubject. I very much regret that there should have occurred any serious differences of opinion in regard to the management of the public schools of your city ;''and, above aU, do I regret that such differences should have had their origin with reference to the use of the Bible. The Constitution very properly, I think, prohibits "sectarian instruc- tion" in the public schools of the State; but this certainly cannot justly be construed to mean' the total exclusion of the Bible from the schools, or that simply repeating the Lord's Prayer, as has been done in your public schools, or indeed uttering auy other liberal, unobjec- tionable prayer, could, in any just sense, be regarded as sectarian. This is my view and understanding of the matter, and I feel quite confident that this is also the practical, common-sense view taken of it by the great mass of the people of Wisconsin, without any regard to sectarian eonnections or partialities. You ask if the reading of the Scriptures and offering prayer are the common practice in the public schools of this State? To a con- siderable extent, I presume it is ; perhaps almost invariably so, when in accordance with the teacher's wishes. And such, too, is the prac- tice, to a great extent, in other portions of our own country, and in Europe. And more than this, religious instruction is imparted in the MORAL AND RELIGIOUS INSTRUCTION. 113 public schools of the most enlightened countries of the world — iu some of them it is sectarian, but in many it is not. In Great Britain, France, Prussia, Grermany, Belgium, Holland, Bavaria, Saxony, Aus- tria, Norway, Sweden, and Switzerland, more or less religious instruc- tion is given in the public schools ; and even in Russia it is a national maxim, that " religious teaching constitutes the only solid foundation of all useful instruction." No more enlightened statesman, or abler advocate for religious in- struction in public schools, has appeared in any age or country than the celebrated M. Guizot, who has repeatedly been chosen as the Minister of Public Instruction in France. In addressing the French Chambers, while discussing his scheme of primary education for France, he said : " You have admitted moral and religious instruc- tion as an essential part of primary education ; but, gentlemen, moral and religious instruction is not like a reading lesson, or a question in arithmetic, to be gone through at a particular hour, and then laid aside. Moral and religious instruction is a work of all hours and all times. The atmosphere of a school ought to be moral and religious, and this is the only condition on which you can have moral and re- ligious instruction in your schools. Children reach the age in which the sciences are to be studied, but in Primary Schools if you lay not a foundation of morality and religion, you build upon the sand. Does not the teacher open and close the school with prayer ? In teaching the children to read, is it not in the Catechism ? In teaching them History, is it not that of Scripture ? In a word, religious instruc- tion is mingled with aU the proceedings at all hours, in a Primary School. Take heed of a fact, which was never so brightly apparent as at this day : Intellectual culture, if accompanied by moral and re- ligious culture, produces ideas of order, and of submission to the laws and becomes the basis of the greatness and prosperity of society. In- tellectual culture alone, not so accompanied, produces principles of in- subordination and disorder, and endangers the social compact." Elsewhere speaking of his Bill, he observed : "By moral and reli- gious instruction, it provides for another class of wants quite as real as the others, and which Providence has placed in the hearts of the poorest, as well as of the richest, in this world, for upholding the dig- nity of human life and the protection of social order." Speaking of 15 114 MORAL AND RELIGIOUS INSTRUCTION. the teacher, and his high and important mission, he remarked : "Nothing can supply for you, the desire of faithfully doing what is right. You must be aware, that, in confiding a child to your care, every family expects that you will send him back an honest man ; the country, that he will be made a good citizen. You know that virtue does not always follow in the train of knowledge ; and that the lessons received by children might become dangerous to them, were they ad- dressed exclusively to the understanding. Let the teacher, therefore, bestow his first care on the cultivation of the moral qualities of his pupils. He must unceasingly endeavor to propagate and establish those imperishable principles of morality and reason — without which, universal order is in danger ; and to sow in the hearts of the young those seeds of virtue and honor, wliich age, riper years, and the pas- sions, will never destroy. Faith in Divine Providence, the saored- ness of duty, submission to parental authority, the respect due to the laws, to the King, and to the rights of every one — such are the sen- timents which the teacher will strive to develop." Professor Stowe, in his Report on Elementary Instruction in Eu- rope, remarks : "In regard to the necessity of moral instruction and the beneficial influence of the Bible in schools, the testimony was no less explicit and uniform. I inquired of all classes of teachers, and men of every grade of religious faith, instructors in common schools, high schools, and schools of art, of professors in colleges, universities and professional seminaries, in cities and in the country, in places where there was a uniformity, an J in places where there was a di- versity of creeds, of believers and unbelievers, of rationalists and en- thusiasts, of Catholics and Protestants ; and I never found but one reply, and that was, that to leave the moral faculty uninstrueted was to leave the most important part of the human mind undeveloped, and to strip education of almost every thing that can make education val- uable ; and that the Bible, independently of the interest attending it, as containing the most ancient and influential writings ever recorded by human hands, and comprising the religious system of almost the whole of the civilized world, is in itself the best book that can be put into the hands of children to interest, to exercise, and to unfold their intellectual and moral powers. Every teacher whom I consulted, re- pelled with indignation that moral instruction is not proper for MORAL AND RELIGIOUS INSTRUCTION. 115 sehoolfl ; and spurned with contempt the allegation, that the Bible oancot be introduced into common schools without encouraging a sec- tarian bias in the matter of teaching ; an indignation and contempt which I believe will be fully participated in by every high-minded teacher in Christendom.'' Professor Sxows, speaking of the German teacher, observes : — ■ " Sometimes he calls the class around him, and relates to them in his own language, some of the simple narratives of the Bible, or reads it to them in the words of the Bible itself, or directs one of the children to read it aloud ; and then follows a friendly, familiar conversation, between him and the class respecting the narrative ; their little doubts are proposed and resolved, their questions put and answered, and the teacher unfolds the moral and religious instruction to be derived from the lesson, and illustrates it by appropriate quotations from the didactic and preceptive parts of the Scriptures. Sometimes he explains to the class a particular virtue or vice, a truth or a duty ; and after having clearly shown what it is, he takes some Bible nar- rative which strongly illustrates the point in discussion, reads it to them, and directs their attention to it, with special reference to the preceding narrative." "Nothing," says Horace Mann, " receives more attention in the Pmesian schools than the Bible. It is taken up early and studied systematically. The great events recorded in the Scriptures of the Old and New Testament ; the character and lives of those wonderful men, who, from age to age, were brought upon the stage of action, and through whose agency the future history and destiny of the race were to be so much modified ; and especially, those sublime views of «kity and of morality which are brought to light in the Gospel, these are topics of daily and earnest inculcation in every school. To these in Bome schools, is added the history of the Christian religion, ia connection with contemporary civil history. So far as the Bible les- sons are concerned, I can ratify the strong statements made by Prof. Stowe, in regard to the absence of sectarian instruction, or endea- 7wsat proselytism." Lord Brougham, in pleading for a system of national educatiou. for England, exclaimed : " Shall we, calling ourselves the friends to bwman improvement, balance any longer upon some party interest, 116 MORAL AND RELIGIOUS INSTRUCTION. some sectarian punctilio, or even some refined scruple, v^hen tlie means are within our reach to redeem the time, and to do that which is most blessed in the sight of God, most beneficial to man ? Or shall it be said, that between the claims of contending factions in Church or in State, the Legislature stands paralyzed, and puts not forth its hand to save the people placed by Providence under its care, lest offence be given to some of the knots of theologians who bewilder its ears with their noise, as they have bewildered their own brains with their controversies ? Lawgivers of England ! I charge ye, have a care ! Let us hope for better things. Let us hope it through His might and under His blessing who commanded the little children to be brought unto Him, and that none of the family of mankind should be forbidden ; of Him who has promised the choicest gifts of His Father's kingdom to those who in good earnest love their neighbors as themselves." Hon. J. B. Meilleur, late Superintendent of Education for Low- er Canada, thus remarks in his last Annual Report : "As the moral and religious department of education has become matter of discus- sion, and some have proposed that we should limit our teaching in our schools to the ordinary acquirements of science, without troub- ling ourselves with religious education, I consider it my duty to pro- test in this place against the fatal tendency of such a system. The aim of education is to render men perfect, and to qualify them to ful- fill their duties towards Grod, towards their families, towards society, and towards themselves. Every system of education having a dif- ferent object would be subversive of the great principles on which society is based, and without which a nation could never become strong, or great or prosperous. Every system of national education ought to be, above all, moral and religious, and without this we could not have a well-ordered society." Washington, in his Farewell Address to the American People, has left us this noble testimony in favor of Religion and and Moral- ity : " Of all the dispositions and habits, which lead to political prosperity, Religion and Morality are indispensible. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the MORAL AND RELIGIOUS INSTRUCTION. 117 pious man, ought to respect and to cherish them. A volume could not trace all their connexions with private and public felicity. Let it simply be asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in courts of justice ? And let us with caution indulge the supposition, that morality can be main- tained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and ex- perience both forbid us to expect, that national morality can prevail, in exclusion of religious principle. It is substantially true, that vir- tue or morality is a necessary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who, that is a sincere friend to it, can look with in- difference upon attempts to shake the foundation of the fabric ? Pro- mote, then, as an object of primary importance, institutions for the general diffusion of knowledge." The profound intellect of Daniel Webster, was especially directed to the connection of the Bible and Christianity with educa- tional institutions, as may be seen by the following extracts from his masterly argument in the Girard College case in the Supreme Court of the United States: " I maintain," said Webster, "that, in any institution for the instruction of youth, where the authority of (xod is disowned, and the duties of Christianity derided and despised, and its ministers shut out from all participation in its proceedings, there can no more be charity, true charity, found to exist, than evil can spring out of the Bible, error out of truth, or hatred and animosity come forth from the bosom of perfect love. * * * * " The ground taken is, that religion is not necessary to morality; that benevolence may be insured by habit, and that all the virtues may flourish, and be safely left to the chance of flourishing, without touching the waters of the living spring of religious responsibility. With him who thinks thus, what can be the value of the Christian revelation ? So the Christian world has not thought ; for by that Christian world, throughout its broadest extent, it has been, and is, held as a fundamental truth, that religion is the only solid basis of morals, and that moral instruction not resting on this basis is only & building upon sand. And at what age of the Christian era have 118 MORAL AND RELIGIOUS INSTRUCTION. i-hose who professed to teach the Christian religion, or believe in ite authority and importance, not insisted on the absolate necessity of inculcating its principles and its precepts upon the minds of the young? In what age, by what sect, where, when, by whom, has re- ligious truth been excluded from the education of youth ? Nowhere ; never. Everywhere, and at all times, it has been, and is, regarded as essential. It is the essence, the vitality, of useful instruction. "Mr. GriRAED says that there are such a multitude of sects and such diversity of opinion, that he will exclude all religion and all ite ministers, in order to keep the minds of the children free from clash- ing controversies. Now, does not this tend to subvert all belief in the utility of teaching the Christian religion to youth at all ? Cer- tainly, it is a broad and bold denial of such utility. To say that the evil resulting to youth from the differences of sects and creeds overbalances all the benefits which the best education can give them, what is this but to say that the branches of the tree of religiouB knowledge are so twisted, and twined, and commingled, and all run so much into and over each other, that there is therefore no remedy but to lay the axe at the root of the tree itself? It means that, and nothing less ! Now. if there be anything more derogatory to the Christian religion than this, I should like to know what it is. In all this we see the a+tack upon religion itself, made on its ministers, its institutions, and its diversities. And that is the objection urged by all the lower and more vulgar schools of infidelity throughout the world. In all these schools, called schools of Rationalism in Grerma- ny, Socialism in England, and by various other names in various countries which they infest, this is the universal cant. The first step of all these philosophical moralists and regenerators of the hu- man race, is to attack the agency through which religion and Chris- tianity are administered to man. But in this there is nothing new or original. We find the same mode of attack and remark in Painb's * Agre of Reason." We find the same view in Volney's ' Ruins of Empires.' * * * " But this objection to the multitude and differences of sects is but the old story, the infidel argument. It is notorious that there are certain great religious truths which are admitted and believed MORAL AND RELIGIOUS INSTRUCTION. 119 by^all Christians. All believe in the existence of a Grod. All be- lieve in the immortality of the soul. All believe in the responsibili- ty, in another world, for our conduct in this. AU believe in the divine authority of the New Testament. Dr. Paley says that a single word from the New Testament shuts up the mouth of human questioning, and excludes all human reasoning. And cannot all these great truths be taught to children without their minds being perplexed with clashing doctrines and sectarian controversies? Most certainly they can. * * * '' But, it is asked, what could Mr. Girard have done? He could have done as has been done in Lombardy by the Emperor of Austria, as my learned friend has informed us, where, on a large scale, the principle is established of teaching the elementary principles of the Christian religion, of enforcing human duties by divine obligations, and carefully abstaining in all eases from interfering with sects or the inculcation of sectarian doctrines. How have they done in the schools of New England ? There, as far as I am acquainted with them, the great elements of Christian truth are taught in every school. The Scriptures are read, their authority taught and en- forced, their evidences explained, and prayers usually offered. " The truth is, that those who really value Christianity, and be- lieve in its importance, not only to the spiritual welfare of man, but to the safety and prosperity of human society, rejoice that in its rev- elations and its teachings there is so much which mounts above con- troversy, and stands on universal acknowledgment. While many things about it are disputed or are dark, they still plainly see its foundation and its main pillars ; and they behold in it a sacred structure, rising up to the Heavens. _They wish its general princi- ples, and all its great truths, to be spread over the whole earth. — But those who do not value Christianity, nor believe in its impor- tance to society or individuals, cavil about sects and schisms, and ring monotonous changes upon the shallow and so often refuted ob- jections founded on alleged variety of discordant creeds and clashing doctrines." Nearly aU our Legislative Assemblies, and successive sessions of Congress, have, from Colonial days to the present, so far recognized a superintending Providence as to open their daily sessions with 120 MORAL AND RELIGIOUS INSTRUCTION. prayer. What could be more befitting both teacher and scholars, in their ardous and important avocations, than to unite, at the com- meneement of their daily toils, in reading a portion of the Sacred Scriptures, repeating the memorable prayer of our Lord and Savior, or otherwise humbly invoking the blessings of the Most High. "At the meeting of the first Congress," says Webster, " there there was a doubt in the minds of many of the propriety of opening the session with prayer ; and the reason assigned was, as here, the great diversity of opinion and religious belief. At length Mr. Sam- uel Adams, with his gray hairs hanging about his shoulders, and with an impressive venerableness now seldom to be met with, (I sup- pose owing to the difference of habits), rose in that assembly, and, with the air of a perfect Puritan, said that it did not become men, professing to be Christian men, who had come together for solemn deliberation in the hour of their extremity, to say that there was s© wide a difference in their religious belief, and they could not, as one man, bow the knee in prayer to the Almighty, whose advice and as- sistance they hoped to obtain. Independent as he was, and an ene- my to all prelacy as he was known to be, he moved that the Rev. Mr= Dtjche, of the Episcopal Church, should address the Throne of Grace in prayer. And John Adams, in a letter to his wife, says that he never saw a more moving spectacle. Mr. Duche read the Episcopal service of the Church of England, and then, as if moved by the oc- casion, he broke out into extemporaneous prayer. And those men, ■who were then about to resort to force to obtain their rights, were moved to tears ; and floods of tears, Mr. Adams says, ran down the cheeks of the pacific Quakers who formed part of that most interest- ing assembly. Depend upon it, where there is a spirit of ChristiaA- ity, there is a spirit which rises above forms, above ceremonies, in- dependent of sect or creed, and the controversies of clashing doc- trines." How replete with practical wisdom and good sense were the remarks of the illustrious Franklin, in the Federal Convention for the for- mation of our Constitution, pleading for prayer at the opening of each daily session . " Groping, as it were, in the dark," said Frank- lin, '* to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto. MORAL AND RELIGIOUS INSTRUCTION. 121 «nce thought of humbly applying to the Father of Lights, to illu- minate our understandings ? In the beginning of the contest with Great Britain, when we were sensible of danger, we had daily prayer in this room for the Divine protection. Our prayers, Sir, were heard, and they were graciously answered. All of us who were en- gaged in the struggle must have observed frequent instances of a superintending Providence in our favor. To that kind Providence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity. And have we now for- gotten that powerful friend ? Or do we imagine that we no longer need his assistance '? I have lived, Sir, a long time, and the longer Hive, the more convincing proofs I see of this truth — that Ood gov- erns in the affairs of men.'''' In discussing a subject of this character, many other high author- ities might easily be cited in favor of the use of the Bible, and of moral and religious instruction in public schools, and of the peculiar propriety of opening their daily sessions with prayer — and all thig, without necessarily having the least connection with sectarianism.— Enough, I trust, on these points, has already been adduced. With the weighty opinion of a Washington, a Franklin, an Adams, a Jefferson, a Burke, a Brougham, a Webster, a Stowe, and a Mann, among Protestants, and of a Gtuizot, andaMEiLLEUR, among the enlightened educators of Catholic countries, together with the almost universal experience of this country, and my own personal observation of nearly forty years, I am unwilling to believe that any other than the happiest results would be likely to follow a discreet, un-sectarian use of the Bible in public schools, the inculcation of moral duties and obhgations, and the opening of daily sessions of school with prayer. A recognition of Grod as ruling in the affairs of men is substan- tially found in the Declaration of Independence, in the Constitution of the United States, and the Constitution of Wisconsin. Christian- ity is everywhere incorporated in the law of the land. It is recog- iiized by Congress and by State Legislatures, and by the laws they enact, as well as by aU our Courts of Judicature. The recognition of the Christian Sabbath, and of the religious obligations of oaths, tte incorporation of so many of the laws of Grod, as recorded in the 16 122 MORAL AND RELIGIOCTS INSTRUCTION. Bible, into tiie fuudamental laws of the land, aad the univertial res- pect paid to religion and religious observances, all tend to prove tb«t the Bilenfc, yet all-powerful, influences of Christianity are indissolublj interwoven in our laws, and pervade all classes of society. That God governs in the affairs of men, was the deep conviction of the eminent philosopher, Fkanklin ; and in every thoughtM human heart there is an intuitive acquiescence in the truth of this proftmnd remark. " There is nothing," BSbjs Webstbb,, •" that we look for with more certainty than this general principle, that Christianity is part of the law of the land. This was the case among the Puritans of New England, the Episcopalians of the Southern States, the Pennsylvaaia Quakers, the Baptists, the mass of the followers of Whitfield and Wesley, and the Presbyterians ; all brought and all adopted this great truth, and all have sustained it. And where there is any re- ligious sentiment among men at all, this sentiment incorporates itsetf with the law. Every thing declares it. The massive cathedral of the Catholic ; the Episcopalian church, with its lofty spire pointiag heavenward ; the plain temple of the Quaker ; the log church of the hardy pioneer of the wilderness : the mementoes and the memorials around and about us; the consecrated grave-yards, their tomb-stonee and epitaphs, their silent vaults, their mouldering contents ; all attest it. The dead prove it as loell as the living. The generation that are gone before speak to it, and pronounce it irom the tomb. We feel it. All, all proclaim that Christianity, general, tolerant Chris- tianity, Christianity independent of sects and parties, that Christi- anity to which the sword and fagot are unknown, general, toleraat Christianity, is the law of the land.'" If it be true, then, that Christianity pervades all the ramifications of society, why should we wish alone to exclude it from the nurseries of education? It has been decided by the Vice Chancellor, in the highest court of England, that " Courts of equity, in this country, WILL NOT SANCTION ANT SYSTEM OF EDUCATION IN WHICH BELIGION IS NOT INCLUDED.'' Franklin Said to Paine, when advising against the publication of his infidel works, ' ' DonH unchain the tiger ! If men are so bad with all the restraining influences of the Christian re- ligion, what would they be without them ! " Jefferson remarked MOKAL AND RELIGIOUS INSTRUCTION. 123 to Webster, -•' Bubkk never uttered a more important truth, than when he exclaimecl that a religious education was the cheapest defense of natiens." A prominent secular newspaper of our country, the New York Courier & Enquirer, recently remarked: " It will not be de- nied by any man, whether religious or otherwise, that the effect of personal religion upon the individual — and as a necessai'y result, upon society, which is but an aggregation of individuals — is in the highest degree happy, important, and desirable. In the allaying of unruly passions, the amelioration of selfishness, the uprooting of immorality and vice, the security of life and property, the steadying of trade, the increase of industry — all these upon motives far higher and more re- liable than any mercenary ones — its advantages are palpable, and are admitted on every side." Shall it ever be deemed a sacrilege — a desecration of the noble and holy purposes of education — a blighting injury to the morals of our beloved children, to permit the teachers in the public schools of Wis- consin to read a portion of the Sacred Scriptures, offer a prayer in- voking the blessing of Grod upon their labors and the efforts of the children committed to their charge, or repeat the Lord's Prayer, all beautiful, as it is, in its simplicity and adaptation to the wants of all ; ©r impress upon their young and susceptible minds those incom- parable teachings, derived from the Bible, touching their moral duties to their parents, to each other, to society, and to God ? I confess I cannot conceive how there could be any reasonable objection, any pos- sible harm, in all this — untinctured with sectarianism as it would and should be ; but, on the contrary, enduring good, in my opinion, would be the inevitable consequence. There could be no more beautiful spectacle, none more truly en- nobling, than a teacher inculcating and enforcing moral duties upon the young — love to parents, brothers, sisters, companions — love to the race of man, and love to the Griver of all good ; love of country, truth, honesty and virtue — charity to the poor and unfortunate, and kind- ness to the brute creation ; — in a word, pressing upon their attention those foundation principles which alone can make them good children, good men, good women, and good citizens. And such instructions can be imparted by the judicious teacher at suitable opportunities, without ever for a moment trenching on sectarian-peenliarities. 124 MORAL AND RELIGIOUS IIJSTRUCTION. Such is the abiding conviction, and such the practices of the civil- ized world. I am sure that the people of Wisconsin, who are gener- ally conceded to possess as much virtue and intelligence as the citi- zens of any of their sister States, would never consent to utterly ban- ish the Bible from their schools, and thus virtually repudiate its un- equalled teachings of virtue and [morality as unfit for the instruction and guidance of the children of their love — children who, at no dis- tant day, must become the rulers and law-givers of the^State, and the custodians of all that we now hold dear and sacred, our homes, our country, Christianity and the Bible. I would not force the attendance of scholars, against their parents' or guardians' will, on the exercises of reading the Scriptures and offering prayer. The conscientious scruples of men are always de- serving of respect ; and no School Board, or liberal community, would wish to be arbitrary or overbearing in matters of conscience. In all such differences of opinion, there are necessarily two parties, and each have their rights ; and these should be equally respected, so far as it is possible to do so. Where there are any honest objee- tions to such exercises — and the School Board should be the judge in such cases — then it might be advisable to have these exercises conducted a little before the regular hour for opening the school, as I learn has been the case in the Watertown schools, or if in school hours, that such scholars might be permitted to retire ; so that the children and wards of parents and guardians conscientiously object- ing to their attendance on these exercises, might not be compelled to be present. If a majority of the School Board prefer to have the common ver- sion of the Bible read in school, it is their right to claim their prefe- rence ; if a majority prefer to have the Douay or Catholic edition read, it is their equal right to have it — but, in a matter of this kind, the Board in fairness and justice should faithfully represent the wishes of the district. But let the Bible be read, whatever be the version, reverently and impressively, and the blessing of the G od of the Bi- ble will never fail to attend it. If the teacher sees proper, with the consent or approval of the School Board, to make remarks to his school of a moral character and application, he should be extremely cautious, and not travel out MORAL AND RELIGIOUS INSTRUCTION. 125 of his way to lug in any thing that could, even by the most fastidi- ous, be construed into a sectarian tendency. Such conduct would be bigoted, uncalled for, and unjustifiable — a direct infringement of the Constitution, and a violation of all confidence reposed by the district in the judgment and propriety of the teacher ; and would, in my opinion, be sufficient cause for his dismissal. Thousands and tens of thousands of judicious teachers, in the Old World and the New, constantly impart moral instruction to their pu- pils, without ever once obtruding, or desiring to obtrude, their views or opinions upon religious tenets or sectarian differences. I should have no fear of any such narrow-minded obtrusions, and violation of good faith, in the teachers of Wisconsin ; while, on the other hand, to carry out the true spirit of moral instruction, on all suitable oc- casions, devoid of all sectarian tendencies, would, beyond all question, make the most enduring beneficial impressions. It would be folly, nay worse than folly, to say that no moral instruction whatever should be given in our public schools. It is done every day, in every school of the land — for nearly every test-book, from the primary reader to the higher works on philosophy, geology, and intellectual science, convey very properly more or less moral instruction, and none think of branding them as sectarian. But, you may ask, may not a majority of the School Board, if they see fit, utterly refuse to tolerate the Bible, prayer, and moral instruction in the public school ? We might obstinately and insane- ' ly refuse food for our perishing bodies, as well as for our craving im- mortal minds, but we should only spite and injure ourselves by so rash and suicidal an act. I have no doubt the Board might legally thrust the Bible from the school-house, and stifle the voice of prayer, for these are not among the studies specially prescribed by law ; but they may very properly be regarded as among the "such other branches of education^as may be determined upon by the Board," as the law allows, if the Board think proper to include them. The District Board, too, under the advice of the Superintendent of Pub- lic Instruction, have power to determine the text-books to be used ; and I should ever feel bound to regard with special favor the use of the Bible in public schools, as pre-eminently first in importance 126 MORAL ABB RELIGIOUS INSIHUCTION. anflong text-books for teaching the noblest principles of virtue, i!XK»- ality, patriotism, and good order— love and reverence for God— chai- ity and good will to man. Very respectfully, LYMAN C. DRAPER, Sup't of Pnblic Instruction. *^* The following was unintentionally omitted in the list of Test books recommended : — McGuffey's New Eclectic Speaker. APPENDIX. Form of notice, [to be given by the Town Superintendent to the Town Clerk, of the formation of a new school distinct^ To the Toion Clerh of the Town of .■ I have this day formed a new school district in the town of to be called " School District No, of ," of which the fol- lowing is a description : [Here mention the sections and parts of sections, or other sub- divisions of which such district is composed, or describe the bound- £iry.] Such formation will take effect on the ■ day of -, 18— .| mm'' Dated this 'day of — . 18—. [Signed,] A. B, Toiur> Sujpsrintendent of Schools of the Town of . No. 2. Form of Notice, to be given by the Town Superintendents to the Town Clerks, of the formation of joint school distnct. To tlve Town Clerh of the Town of .' We have this day formed a new joint school district, composed .JSoTJi. — If it ia a joint district, the notice must be signed by the SuperintenU- ent of each town in which auy part of the district lies. FORMS. ISI No. 4. Form of Notice of first meeting to be left at the residence ^' a voter when absent. To A. B. :— By direction of the Town Superintendent of the town of — ., you are hereby notified that the first meeting of school district Nia. , of , recently formed, will be held at the house of — , in said district, on the day of , 18~, at o'clock iia the noon. Your attendance is requested. Dated this — — ^ day of — , 18 — . [Signed,] G. H., Person appointed to give notice. No. 5. Form of Return to be ifidorsed upon notice received from Town Superintendent on theformation of a School DistrieL I hereby certify that I have notified the following named persons l^Here give the names in full,'\ personally, and the following namedl. persons [Here insert «ames, ] by copy, according to the directioE of the within notice. » Dated this day of -^ , 18—. [Signed,] G. H., Person appointed to give notice. No. 6. Form of Notice of a meeting of a School District, to be de- livered by the Town Superintendent, to a taxable inhabi- tant, in case there is no officer to call a meeting. To A. B., a taxable inhabitant of school district No. of — — .? You are hereby directed to notify every qualified voter of scfhool district No. , of , to attend a meeting thereof, which is hereby appointed to be held at the house of , in said distriot, on the day of , 18 — , at o'clock in the -noom, by reading this notice in the hearing of each such voter, or, in ease 3i2 FORMS. isf absence from h'm place of residence, by leaving tliercat a written iB®fcice of the time and place of such meeting, at least five days before ibe appointed time for such meeting. The following is a descrip- of said district : {Here describe the district as in Form No. 1.] Pated this day of , 18 — . [Signed,] " A. B., Tov:n Superivfendent of Schools, of the fovm of . No. 7. #©-/',?« of acceptance of o^icc by Bhirici Officers, io be fled with the District Clerk. I hereby signify my acceptance of the office of of school (feitrict No. , in the town of , to which I have been elect- ®i. {Or if appointed, say, "to which 1 have been appointed to ffi St vaeancy."] Oated this day of . 18 — . [Signed,] ■ OH No. 8. Form of ^otice of Annual District Meeting. Notice is hereby given to the qualified electors of school district %&. , of the town of , that the annual meeting of said fciriet for the election of officers and the transaction of other busi- aiess, will be held at , on the last Monday, being the day sf September, at 6 o'clock in the afternoon, {unless some other hour wa$ determined upon by the district at the last previous annual :^€€ting. ] Bated this dav of , 18—. [Signed,] " CD., District Clerk. No. 9. Form of Notice of Special District Meeting. ISotloe is hereby given to the qualified electors of school district ft». , in the town of , that a special meeting of said dis- FORMS. 13^ triet will be held at , on the — — day of , 18—, fer the following objects : \_Here particularly specify each item of bus- iness to be acted upon.']j Dated tliis — — day of — , 18 — . [Signed,] CD., District Clerk. No. 10. Form of Notice for an tddjourned District Meeting, whm; such meeting has been adjourned for a longer period tkmm one tnonth. Notice is hereby given, that a meeting of the qualified eleetore of school district No, in the town of , will be held aSL , in said district, on the day of — — - — , 18 — , at — — ©'clock in the — — noon, pursuant to adjournment. Dated this day of , 18 — . [Signed,] C. D., District Clerk. IToTK. — The foregoing notices must be posted ia four prominent places im ti» disti'ict, one of ■which shall be the outer door of the school house, ■wheneyertfeeasf ia oae in the district. No. 11. Form of Certificate to be given by the Town Superintendtrd in cases where a larger sum than j^500 is necessary to build a School House. I hereby certify that it is my opinion that the sum of should be raised in school district No. — — of the town of —^ for the purpose of building {Jiiring or purchasing'] a school homsig for said district. Dated this day of , 18 — . [Signed,] A. B., Town Superintendent of Schools of the town of — — - If otB-— In case of a joint district, the certificate should be made and sigocrf by a majority of the Superintendents of the towns in which such district is ffliiJU «ated. [34 FORMS. No. 12. Form of Notice to be given by the Clerk of a School District Meeting, to the Officers elect who tvere not 'present at the meeting. f^ : You are hereby notified that at a meeting of school district No. in the town of , held on the day of , 18 — , fou wero duly elected of said district. Bated this day of , 18—. [Signed,] C. D., Glerk of said meeting. JToTE — This notice is required to be given within five days after the meet- ing, and only to tliose persons elected who were not present at the time. No. 13. Form of Refusal to accept District Office, to be filed with the Clerk of the District. To the Clerk of school district No. in the town of : ¥ou are hereby notified of my refusal to accept the office of — , to which I was elected at the meeting of said district held on the iskj of , 18 — . Dated this day of . 18 — . [Signed,] a. H. Mote. — This notice of refusal must be filed within ten dajs after the election, (W the person will be deemed to have accepted the office, and be liable to fine :4>r non-performance of duty. No. 14. .Form of Order on Treasurer for Moneys to be disbursed by School District. To A. B., Treasurer of School District iVb. in the town of ; Please pay to the sum of dollars out of ssny money in your hands, not appropriated, belonging to said district. Dated this day of- , 18 — . [Signed,] C. D., District Glerk. Cr. H,, Director. FORMS. 135 No. 15. Form of ^Intmul Report to be submitted by District Treas- urer to Annual Meeting. I, A. B., Treasurer of school district No. in town of ■ — , submit the following report to the annual meeting of said district, of all moneys received and disbursed by me since the last annual meeting ; Amount received from my predecessor -. $10 00 '■' " " Town Superintendent Y5 00 " raised by tax in district, and received 300 00 Total received $385 00 I have paid out, On order of I " do '■ do iet Clerk, Dec. 3d, IS- $20 00 do Jan. 10th, IS— 40 00 do Feb. 1st, 18— 10 00 do Feb. 27th, IS- 55 00 do May 10th, IS— 80 00 do June 11th. 18— , 170 00 - $375 00 do do Leaving a balance on hand of The taxes assessed upon the taxable property of the district during the year have been — For building a school house $250 00 " fuel. „ 10 00 " black board ._ 5 00 ' ' outline maps 15 00 " teacher's wages 20 00 $300 00 All of which is respectfully submitted. Dated this day of September, 18 — . [Signed,] A. B., Treasurer of district Ko. , of the town of- K'oTE. — The report should simplj state the facts as required by law, aud the aboye form may be of some aid in arranging the items of the report. The final report of the Tieasui'er should show «/^ the moneys which have come into his hands during the term of his office, with the total disburseraents,, and should be in the same form as his annual reports. 136 FOEMg. No. 16. Form of Bond of District Treasure-r to be filed with the District Clerk. Know all men by these presents, that wc, E. E.. Treasurer of school district number of the to^vn of— , and L. M., hie surety, are held and firmly bound unto said school district in the suns of \Jiere insert a sum of double the amount to come into the Treamrer^s hands as near as can be ascertained'] to be paid to the said school dis- trict, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and sever- ally, firmly by these presents. Sealed with our seals, and dated i\Af day of , A. D., 18—. The condition of the above obligation is such that if the said E. F., Treasurer as aforesaid, shall faithfully discharge the duties of his ofiBce as Treasurer of said school district, and shall well and truly pay over to the person or persons entitled thereto, upon the proper order therefor, all sums of money which shall come into his hands as Treas- urer of said district, and shall, at the expiration of his term of office, pay over to his successor in office all moneys in his hands remaining as Treasurer aforesaid, and shall deliver to his siiccessor all bookfi and papers whatever, appertaining to his said office, then this obliga- tion shall be void, otherwise of full force and virtue. Signed, sealed and delivered in ) E. S. [Seal.] presence of K. S. } L. M. [Seal.] G. H. } Form, of ^rlpproval to be indorsed on the Bond of Treasur&r We approve of the within bond and surety. [Signed.] G. H. Director, CD., Cl&rh. NoTB, — The same form of bond will answer for iLe Towd Superintendent "ey Making the proper changes, which will readilv he noticed. No. 17. Form of Contract between District and Teacher. It is hereby agreed between school district number of tltie town of , and L. M., a qualified teacher of the town of , that the said L. M. is to teach the common school of said dietrict f«r FORMS. 137 the term ol montlis, (counting 22 days as a month, excepting the usual holidays,) for the sum of dollars per , {week or month as the case may be,"] commencing on the day of , 18 — , and for such services, properly rendered, the said district is to pay to the said L. M. the amount that may be due, according to this contract, on or before the day of- . 18 — . Dated this day of ■ — , 18 — . [Signed,] C. D. District Clerk, L. M., Teacher. I^OTE. — The Director or Treasurer, or both, are to indorse this contract ns fol- I [or we'} ccQseMt to the within contract. G. H., Director', or E. P., Tieasiirer, [or hoth.\ No. 18. Form of Annual Report of the Clerk of a School District to Town Superintendent. Animal Report of the Clerk of School District No. , of the towft of , for the year ending August 31st, 18 — . No. of male children residing in district over the age of four, and under the age of twenty years, 26 No. of female children residing in district over the age of four, and under the age of twenty years, 24 Total number of children residing in district over the age of four, and under the age of twenty years 50 Note. — If a Joint District, be particular to return only the children in one town to one Town Superintendent, and those in the other to the other Towiji Superintendent. No. of children over four and under twenty years of age, who have attended school 45 No. of children under four years of age who have attended school _ _ o No. of children over twenty years of age who have attended school _ 4 Total number who have attended school during the year. . 52 IS 138 FORMS. No. of mouths a sehool lias been, taught by Air. , a qualified teacher .._..., ; 4 No. of months a sehool has been taught by Miss , a qualified teacher _. 3 Total number of months a school has been taught by a qual- ified teacher 7 Wages per month paid Mr. , ^15 50 Wages per month paid Miss , 8 50 Average number of months scholars over the age of four and under the age of twenty years, have attended school during the year 6 Amount of school money received from the Town Superintendent within the year $67 50 Amount of library money received from Town Su- perintendent within the year .... 7 50 Total amount received from Town Superintendent, $75 00 Amount raised by tax for teachers' wages . $20 00 ■' fuel 10 00 " '• " " black-board and maps . . 20 00 . " ■' '• ■• building school house. - 250 00 '' library books 00 00 [Here state the amount raised for any other purpose allowedly lato.l Total amount raised by tax during the year 300 00 Amount received from other sources . . 100 00 Total amount in treasury during the year 375 00 Amount expended for teachers' wages 87 50 '^ fuel 10 00 '• " building sehool house . 250 00 '' " black board and maps 20 00 " library books... 7 50 Total amount of expenditures $375 00 Amount remaining unexpended 00 00 $375 00 Total amount of district debts at date of report $8 50 Amount due to district from unpaid taxes at date of report IS 50 Amount of library fines collected $3 50 Amount of library fines expended in repairing and replacing books ^3 00 Amoxmt of library fines unexpended 50 $3 50 FORMS. 139 Whole ntimber of volumes in library 150 " " purchased during the year 12 " '• presented during the year 6 " '• loaned during the year, (^counting each volume one for each time it is loaned, ) 120 The text books used in schools are as follows : Spellivc/ BooJcs — National, McGruffey's Reading Books — National, McGruffey's Geography — Monteith & McNally's, Warren's. Arithmetic — Davies', Ray's. Grammar — Greene's Elements of English Grrammar, Clark's. " McEUigot's Young Analyzer. School house, (^state whether it is a log, brick, stone or framed.^ Value of school house $250 00 Site (more or less^ than one acre. Inclosed, or not inclosed. School has (one^ black-board. ( One} set of out line maps. I hereby certify that the above is a correct statement of the facts required to be reported : that a common school has been taught in this district, during the past year, for l_seven^ months, by a quali- fied teacher, and that the library regulations have been complied with; [Signed] 0. D., Glerk of school district No. , of the town of — , Dated at . vSeptember 1st, 18—. 140 J0RM8. r^ 05 !2; u *^ -'9-. ■< ^ ^^ -k* i ^ o ? -5 r Js "^oo ,o V-i r-l k, O «t-l ra o t-l ;-i a OJ o -*j b«i •^0 c Cl « a i -A'-Rpi.I,^| •ABiJsmiij j •\t!pS.)cl|M^\\| •ABns;)n,j 1 •AKpaui/^'l •AKp.iniB^jl •iwpi.r^fij •ABpsuiqi j AUpS3lipi*j\\j •Avpsoiij 1 •ABpilOJi^I 1 •A'wpij^ql "A'Kps.miijJ A'BpS.JUp,)j\^| •ABpsanj 1 •ABpilo|\ j A\!p.|iilB5i| •AkpujI •ABpsJuqj 1 •ABpsaiipa \^ 1 •AB])Srtt)^|J •AKp.l..pj| -i»svi •< 1 o w p D ^ ? oi s -a o p. .^. ■:3 1— -, ^ > c ^ r a.^ -2* 5 o ^ "3 .2 c l- 5 o CS ^ - «»i 03 1 o p" M z o w >—■ ff) n -c 03 ^ ^ Oi « c* a «3 sS C) o B .a H ^ 13 .- P 13 * u c 43 <; CO :( >j s CO .: o c C 0) "^ 5 Q X r * o s O ^' ,^ •- m o ■c u 7> K ~ ^ ^ '"' «w "e 5' • - • = « £ tn 1 ttl '^ oc .„ tb 33 i ^S . CS '<: "i! TT i> ^ "^ --^ 'i ti "^ O 03 to ^""3 a c5 I ^ O ^ -t^ _ ai ^ -a 5 CO p 'S >-.'" ri s S? 2, E d S a. o-r-o g " g »- o ..-^ >..- S c S to 5 * „ 2 c S ^*' Hoc t>>'^ 01 ® ^gf » ail 25-5 po 2. I E-S FORMS. 141 No. 20. Form of Statement of the Amount of Taxes voted to be rais- ed in a School District, to be delivered by the'Dist?'icf Clerk to the Toivn Clerk. To R. S., Town Clerk of the town of .* Tbe amount of taxes voted to be raised in school district No.' )t' the town of , at the last annual meeting of said district, lield on the day of September, 18 — , is ^write the amount in words'} dollars ; which amount you are requested to assess upon the taxable property therein. The following is a list of the names of the persons and corporations liable to a school district tax in said district t f_JIere insert the names of the persons and corporations. J " Dated this day of , 18—. [Signed,] " C. D., Clerk of school district No. of the town of — — . 'Siii-E. — If the district has been lately orgauLzed and a tax was voted afc the dret meetinij, as well as at the annual meeting, that fiV;ouId be stated, giving, acTTCvcr, the whole amount of tax voted to be rais-od. State of Wisconl^.., , ss. County of NSIN, \ C. D., being duly sworn, oa oath says, tha'o he ia the Clerk of school district No. of the town of , and that the above statement by him made of the amount of taxes voted to be raised in fijaid school district, and the list of persons and corporations liable to a school district tax therein, arc true. [Signed,] ' ^ ^ C. D. Sworn to and subscribed before me this — — day of — — -, 18 — . [Signed,] " J. P., Justice of the Peace. No. 21. Form of Stafetyient of the amount of Taxes voted to be rais- ed in a Joint District, to be delivered to the Clerk of each Town in ivhich any part of the District is situated. To R. S., Town Clerk of the town of .• The amount of taxes voted to be raised in joint school district No. of the towns of and — , at the last annual meeting of said district, held on the day of September, 18 — , is [write the amount in words} dollars ; and the proportion of that amount to ^■>€ raised in that part of said district, which lies in the town of , 142 FORMS. is \_wnte the amount in words'] dollars, which you are requested to ae- sess upon the taxable property therein. The following is a list of the names of the persons and corporations liable to a school district tax in that part of the district lying with- in the town of -7 — , [^kere insert ike names of the persons and corpc- raiions.] [Signed,] C. D., Clerk of joint school district No. , of the towns of and . N"oxE, — Attach affidarit of tlie District Clejk Rirailar to the one given in Fovm No. 20. No. 22. Form of Deed for the purchase of a School House site. Know all men by these presents, that A. B. (^and 0. J5., his wife, if married,') of the town of , in the county of , in the State of Wisconsin, party of the first part, for and in consideration of the sum of dollars, to them in hand paid by the District Board of "School district No. , of the town of ," county of , and State aforesaid, the receipt whereof is hereby acknowledged, do hereby gi*ant, bargain, sell and convey to the said school district, party of the second part, and their assigns, the following described piece or parcel of land, namely : ( Here insert description of land. ) Together with all the privileges and appurtenances thereunto belong- ing, To have and to hold the same to the said party of the second part, and their assigns, for ever ; and the said party of the first part, for themselves, their heirs, executors and administrators, do covenant, bargain and agree, to and with the said party of the second part, and their assigns, that at the time of the ensealing and delivery of these presents, they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in the law in lee simple, and that the said lands and premises are free from all incumbrances whatever ; and that the above bargained prem- ises, in the quiet and peaceable possession of the said party of the second part, and their assigns, against all and every person or per- sons lawfully claiming, or to claim, the whole or any part thereof, the said party of the first part will forever warrant and defend. In witness whereof, the said A. B. and C. B., his wife, party of the first part, have hereunto set their hands and seals, this day of , A. D. 18—. A. B. [SEAL.] Signed, sealed and delivered j E. F. | C B. [seal,] in presence of ( Gr. H. j Note, — Such deed should be duly acknowledged before a Notary Public, Justice of the Peace or other officer authorized bj law to take such ackiiowledg- naent, and recorded in the office of Register of Deeds for the county. FORMS. 143 No. 23. Form of a Lease. Know all men by these presents, that A. B., of the town of in the county of , in the State of Wisconsin, of the first part, for the consideration herein mentioned, does hereby lease unto ' ' School district No. of the town of ," county of , in the State aforesaid, party of the second part, and their assigns, the following described parcel of land : ' [Mere insert descrijytion of land,^ Together with all the privileges and appurtenances thereunto belong- ing : To have and to hold the same for and during the term of years from the day of , A. D. 18 — ; and the said party of the second part for themselves and their assigns, do covenant and agree to pay the said party of the first part for said premises the an- nual rent of dollars. In testimony whereof, the said parties have hereunto set their hands and seals, this day of , A. D. 18 — . A. B., Lessor, [seal.] C. D., ] District Board of School E. F., f District No. of the a. H., ) Town of , No. 24. Form of an, Appointment to fill a Vacancy in the District Board. To A. £.— : The office of [ Clerk] of School District No. — -, of the town of , having become vacant, you are hereby appointed to fill such vacancy until the next annual meeting in said district. Dated this day of , 18 — ■. [Signed,] Gr. H., Director, E. F., Treasurer. Note. — It requires two of the Board to make an appointment. If they neg- lect, for ten days, to fill the vacancy, it must be done by the Town Superin- tendent, after the following form. In either case the appointment must be filed with the District Clerk : To A. B. : The office of [ Cleric] of school district No. of the town of — —j having become vacant, and the District Board of said district having failed to fill the same within ten days, you are hereby appointed to fill such vacancy until the. next annual meeting of said district. [Signed,] ^ A. B., TovM Superintendent of Schools of the Town of 144 FORMS. No. 25. Form of Atmuul Report of Town Superintetident. To ike Clerk of the Board of Supervisors of the county of .' Annual Keporfc of the Town 8npcrintendent of schools of the town of , in the county of . for the year ending on the 31st day of August, A. D. 18 — : No. of school districts separately set ofi' within the town, 6 No. of parts of joint districts in said town, 2 No, of parts of joint districts in which the school house of such districts is situated within this town, 1 No. of districts from which reports have b,een received between the 1st and 10th of September, 6 No. of parts of districts from which reports have been received between the 1st and 10th of September, 2 No. of months school has been taught in each of said districts and parts of districts, as follows : In school district No. 1, by a qualified teacher 6 .- 6 4 3 -- 5 " ' 2 " 3, 4. i>, 7. joint school district No a 8, 7, a part of which is in this town, . . 3 3 Amount of public money* received in each of such districts and parts of districts, as follows : In district Nol,. 2, - 4,. 5,. 6,. -- $40 42 35 30 -. 38 42 In part of joint district No. 7, in said town, 10 8, " 12 No. of children residing in each district and part of district, on the 31st day of August last, over the age of four, and under the age of twenty years, as follows : In district No. 1, 2,, 3.. 4,. 5,. 6,. 40 42 38 85 80 42 *By rxjBuo MONEY is meant tlse money that is received from the State and Town. FORMS. 145 In part of district No. 7, in said town.- 10 In part of district No. 8, in said town 12 No. of male children residing in all of said districts and parts of districts, on the 31st day of August last, over the age of four years, and under the age of twenty years, 130 No. oi female children residing in all of said districts and parts of districts, on the 31st day of August last, over the age of four, and under the age of twenty years, 119 Whole No. of children residing in town over the age of four, and under the age of twenty years, on the 31st day of August last, 249 Total No. of children over four, and under twenty years of age, who have attended school in said town, 245 No. of children taught in all of said districts and parts of dis- tricts, under the age of four years, .-- 6 No. of children taught in all of said districts and parts of dis- tricts, over the age of twenty years, ^ 15 Average No. of months children between four and twenty years of age have attended school in said town, 5 Av^age number of months schools have been taught by male teachers, _ - - 4 Average number of months schools have been taught by female teachers, - - - B Average amount of wages per month paid to male teachers, — $16 Average amount of wages per month paid to female teachers, . ^ 9 Whole amount of money received and apportioned by me (^and predecessor in office, if any, ) since the date of the last annual report, __ $ Of such amount there has been received from the County Treasurer, (State Fund,) - — $ Of such amount there has been received from the Town Treas- urer, (town tax, )-- $ The manner in which such money has been expended is as fol- lows: For teachers' wages, the sum of $ For libraries, the sum of _ _ _ $ For (if for any other purpose specify the same, ) ^ There remains unexpended (state for what cause) the sum of. . $ The amount raised by tax and expended in said districts, from which reports have been received by me (and predecessor in office) since the date of the last annual report, is as follows : For teachers' wages, , $ For purchasing school house site, % For building, hiring, purchasing, repairing, and insuring school houses, (specify the amount for each,) - $ For fuel,.. $ For district libraries, % For (owiy other purpose alfowed by law,') $ 19 146 FORMS. The text books moet used in the schools of eaid districts, are aa follows : Spelling books — Reading books — Geography — Arithmetic — Grammar — The school houses in said districts are constructed of material as follows : Of stone 1 ; of brick 1 ; of logs 1 ; framed 4. Whole valuation of said school houses, .. $ Highest valuation of any school house, $ Lowest valuation of any school house, -. $. No. of school house sites containing less than one acre, 7 " " " " not inclosed, 4 " " without blackboard, 3 " " " outline maps, 5 No. of select and private schools in said town, other than incorpo- rated Academies, 2 Average number of persons attending all such schools during the past year, as near as can be ascertained, , 80 No. of district libraries in town, 5 No. of joint libraries, 1 Total number of volumes in all the libraries, 520 No. of volumes purchased during the year, 60 No. of volumes presented during the year, 20 No. of volumes loaned out during the year, (counting each volume one for each time it is loaned, ) $ Amount of library fines collected 8 " " " expended $ " " " remaining unexpended $ " " money remaining unexpended $ [Signed,] A. B., Town Superintenden t of Schools of the Town of . Dated at this 15th day of September, A, D. 18 — . FORMS. 147 K 26, Form of a Certjicate to be given to a Teacher. I do hereby certify, that I have thoroughly examined A. B., and do believe that he (^or she) is qualified in regard to moral character, learning, and ability to teach a common school. This certificate ig to remain in force, unless sooner annulled, for one year from date, and is to be of efi"ect in this town only. Q-iven under my hand this day of — — , A. D. 18 — . [Signed,] A. B., Toion Superintendent of Schools for the Town of . No. 27. Form of Note annulling a Teacher^ s Certificate. Having inquired into certain complaints against A. B., heretofore licensed by certificate as a teacher of common schools in the town of , and being of the opinion that the said A. B. does not possess the requisite qualification as a teacher, in respect to moral character, (or " in respect to learning ;" or "in respect to ability in teaching," as the case may be, ) and having given at least ten days previous no- tice in writing, to said teacher, and to the District Board of the dis- trict in which said teacher is employed, of my intention so to do, I have annulled, and hereby do annul the said certificate and license, so granted as aforesaid. G-iven under my hand, this — — day of , 18 — . Signed, C. D.. Toivn Superintendent of Schools for the town of- . 148 FORMS. No. 28. Form of Notice to be given to District Clerk when alteration of the boundaries of a District is contemjilated. To C. D., Glerh, of school district No. of the toicn of ; You will take notice that I shall be present at (Jiere mention the place~) on the day of , 18 — , at o'clock in the after- noon, to hear and decide upon certain .proposed alterations of the boundaries of said school district. Dated this day of , 18 — . Signed, A. B., Town S^iperintendcnt of Schools of the town af . Note. — In case of a joint district, the Superintendent of the town in which the school house is situated will give the notice required to the Clerk of that district ; and each Superintendent will give notice to the Clerk of any district in his town to be affected by the proposed alteration. The Clerk will immedi- ately notify the other memtiers of the Board, by giving them a copy of the no- tice serveti on him. No. 29. Form of Notice of alteration of the boundaries of a School District, when the District Board refuse to give their con- sent. To C. D., Clerk of School District No. of the tovm of ; I have made an alteration in the boundaries of school district No. , of the town of , as is shown by the following order by me made on the day of , 18 — • ^Here copy the order mak- ing the alteration,'] which will take effect three months from the filing of this notice. Signed, A, B., Town Superintendent of Schools of the toivn of . Note. — If the District Board indorse their consent upon the order makiiij>- the alteration, no further notice need be given than to file the order, so indors- ed, wilh the District Clerk. I FORMS. 149 * No. 30. • Form of Order of Toivn Superintendent in awarding pro- portion of value of Property to neio District. To the District Board of scJiool district No. — of the toion of : Having formed a new school district, No. , of the town of , in part (or wholly^ from the territory of your district, I have ascertained and determined the proportion of value of the school house and other property justly due to such new district from your district, retaining such school house and other property to be ■ dollars. You are, therefore, to raise and collect by tax upon the taxable property of your district the said sum of dollars, and when collected pay the same to the Treasurer of said new district. Griven under my hand, this day of , A. D. 18 — . A. B. Toion Superintendent of Schools of the Tovm of No. 31. Form of order altering the boundaries of a School District. It is hereby ordered and determined that the, (north half of the north-east quarter of section No. ten, of town seven north, of range six west,) now a part of school district No. , of the town of , be, and hereby is taken from said school district, and at- tached to and made a part of school district No. , of said town, for all purposes whatsoever. This order will take effect on the day of , 18 — . " Griven under my hand this day of , 18 — . A. B., Town Superintendent of Schools of the Town of . Note, — The Board of each district affected by the alteration, should endorse their consent on the order, as follows : We hereby consent to the alteration made in school district No. , of the town of , agreeably to the within order of the Town Superintendent of said town. Dated this day of , 18 — . Gr. H., Director, ^ Of said school dis- E. F., Treasurer, i trict No. — , of the C. D., Clerk, ) toion of , 160 FORMS. No. 32. * Form of Bond of Town Superintendent^ Know all men by these presents, that we, A. B., Town Super- intendent of schools of the town of , in the county of , and C. D. and E. F., his sureties, are held and firmly bound unto the Chairman of Supervisors of said town, in the sum of \Jiere insert double the amount of all scliool money to come into Ms hands during the term of his office, ) to the payment of which sum well and truly to be made to the said Chairman of Supervisors, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of . A. D., IS— . The condition of this obligation is such, that if the said A. B., Town Superintendent of said town of , shall faithfully apply and legally disburse all school money that may come into his hands, according to law, as Town Superintendent of said town of , during the term of his ofiice, and shall faithfully discharge all the duties of his office, then this obligation shall be void, otherwise shall remain in full force and virtue. Signed, sealed and delivered iu presence of . A. B., [l. 3.] C. D., [L. s.] E. F., [t. 8.] Note. — This bond should be endorsed as follows : I Approve of the within bond and sureties. • [Signed,] G. H. Chairman of Supervisors of the Town of FORMS. 151 CO CO ^ 5.' '^ ^ ft; qcjuoui ,rad saSuA jo junoon? aSeXctxy M£»qoB3j 8IBCU B Xq (jifStti?} riaaq 3ABq sxooqoa sqji'ora jo o^ eSejOAY •[ooqos papu3)|B a.visq •aq uajpitqj sq-jnoru jo -o^ 9,gK.iaAy 'jooqos papfiaj^nsABq oqAi »Sb p S.ITSb£ A'nUOASL^ .t9A0 ua.ipjiqojo -o^j •[ooqo3 popasjiB 9ABq oijal sSb JO Rreai jaoj j9ptm u3.ipi[(qo jo 'ojg; •[ooqos papua:^ -;^ BA'stj oijAi. eSB JO sa^aX liuajAi ■iapun pui; .tao j jaAO ua.[p[iqo jo -o^^j- •a2i3 JO s.iBs£ /CinaAij .tapan patJ jtio; j^ao iimoj ni Suiptsat ac*jp[iqD jo -o^ Flf>X •eSe JO s.rea^ j^;(i9Ai.i aopcin pae .inoj joao uaioj a[ SuiptsM nBipyiqo 9[Bai^j jo -uj^j •sSb jo s.rBai! i!!)ti3AH .tapan pire jnoj .la.vo uavo^ m §uip[sa.[ ua,(p[np 8[BLu jo -o^ OABq sfooqoa gqjaoni jd -oj^ 0ot:.ia,iY •9jOT.ijgjp jnTof ai sasnoqpoqos JO "o jij; •pdj.todaj qoii 9Acq q-jiqAi spf.itjsip jo S).iBd jo -o^sj •spu'jSTp }o s^aBd JO 'o^ •pa:)roda.i !j')u OABq qoiqjA. e^au^sip [ooqos jo -o^ •6r)or,i:)Sip poqDs jo •ojj; - .loj papuadxa paB xb^ Xq pasiEJ ^unocny •papuadxann SuiuTuma.i ^uiioniy •sasod.md .laq^o aoj papaadxa Xaaota oijqnd jo !janoTuy -B.iq]i Joj papuadxa Xauora oijqnd jo ^unooiy .aiaqoBa; aoj piBd Xauoni ojiqnd jo ^unoniy C55 •paAiaoaa Xauoux jo ^unooiB p^o j, •saojnos jaq^o uiojf poAiaoaj ^unomy -SBaax u^ojj raojj paAiaoe.1 Aauora jo ^unoniy -BB9JX jf^anoQ raojj paAiaaa.i Xauom jo ^unouiy -^pqoQWpLHOWtHH,' FORMS. 163 •JB3^ 9i[l Suijnp S3im -apBOB i{3iis Saipna:^;^ s^tdnd jo -o^ aSBiaAy \ - •/^unoo 3t{; ai sairaapBOB p3:i'BaodjoouT jo -o^kj syooqos Tfons SnTpTia:|iB s^tdnd jo •o|;[ 9Sb.i9ay •saicaap'BO'B pa^BJodjoo -ni uBqi jamo spoqos 8:>'eAi.id puB loox^s jo 'Oj^ •pgpitadxaaa saa^ XiBJqTj jo :jnnomY •papuadxo saug XiBiqTj;jo ^nnoray •p9;oano3 saug /.tBJqii; jo nunoniy ■JBaX at[^ Sui.tnp pauBo^ saranjoA jo -o^ ■sauBiqij; aq^ we at saranpA jo -Oj^ •sauvxqii jjuiofjo -oj^ •saiJBJqix jouistp jo ■ojj •sdBca ani|;no ijnoqjTAi s^ooqas jo -ojj p.TBoq-ipBxq B ^noqim s^ooqos jo 'O^ •pssopuaun sa:jTS asnoq poqos jo •oji . ■9.10B aao UBq; ssaj SaiuiB;uoo sa:)TS osnoq ^ooqas jo 'o^ •asnoq poqos XiiBjo noi^BupA ;saAioi asnoq |ooqoB ^ub jo not:>BnxBA ^saqSijj •sasnoq xooqasjo uoiibuxba ib;oj^ •sasnoq ][ooqos Soi jo -o^ •sasnoq poqos paraBJj jo -o^ •sasnoq xooqos auo:)S }o 'o^ 'sasnoq poqos 2^oy.iqjo "o^J NAMES OF TOWNS. < m o fi w fe o w K »rs 20 154 FORMS. No. 34. Form of Certificate of District Clerk, attached to a fi cessment roll of taxes assessed at a special meeting. I do certify that I have set down in the above assessment roll all the real estate situate in District No. of the town of , county of , and State of Wisconsin, liable to be taxed, accord- ing to my best information, and that with the exception of those cases in which the valuation has been otherwise fixed pursuant to law, I have estimated the same at what I believe to be the true cash value thereof; that the said assessment roll contains a true statement of the aggregate valuation of the taxable personal estate of each and ey- ery person named in said roU, as nearly as I could ascertain the same, Given under mv hand this dav of • , 18 — . A. B., Chr'k of District No. , Tovm of * No. 35. Form of Warrant annexed to asscss?ne'nt roll by District Clerk, for the collection of taxes levied at a special district meeting. The State of Wisconsin to the Treasurer of District No. , of the town of , county of ; You are hereby commanded to collect from each of the persons and corporations named in the annexed assessment roll, and of the owners of the real estate described therein, the taxes set down in such roll opposite to their respective names, and to the several parcels of land therein described ; and in case any person or corporation, upon whom any such sum or tax is imposed, shall refuse or neglect to pay the same, you are to levy and collect the same by distress and sale of the goods and chattels of the person or corporation so taxed ; and the moneys so collected you are to retain as Treasurer of the aforesaid district, subject to the order of the District Board ; and you are further required to make return to said District Board of this war- rant with said roU annexed, within forty days from the date hereof, together with your doings thereon, as provided by law. Given under my hand this day of , in the year 18-—. A. B., I ; Clerk of aforesaid District. NoTB. — The Clerk car» renew this warrant for thirty days by endoreing it " Renewed for 30 days." Dated , 18—. A. B., Dutrictaerk. FORMS. 155 No. 36. Form of Bond given to the Distrkt Board to secure the pay- yrient of money borrowed on the authority of sections 100 and 101, of title VILchapter 23, Revised Statutes of 1858. '' Bond, Know all men by fcliese presents, tbat we, the District Board of District No. of the town of , are held and firmly bound unto in the penal sum of dollars, good and lawful money of tlie United States of America, to be paid to the said , cer- tain attorney, heirs, executors, administrators or assigns, for which payment well and trulj- to be made we bind ourselves and our successors in office, jointly and severally, firmly by these presents. vSealed with our seals, and dated this day of — , A, D. 18 — . The condition of the above obligation is such, that if the above bounden obligors, or their successors in office, shall well and truly pay, or cause to bo paid, unto the above na,med obligee heirs, executors, administrators or assigns, the .just and full sum of — ■ and in case default shall be made in any of the payments, either of principal or interest, or of any part thereof, at the time or times above limited for the payment thereof, shall pay the whole sum of principal, with the interest which shall then have accrued, upon the demand of the said obligee heirs, eseeutors, administrators or assigns, notwithstanding the time for the payment of principal shall not then have elapsed, (it being hereby expressly declared to be a condition of the above obligation that upon any default whatever in the payment of any of the instalments of principal or interest, at the time or times above limited for the payment thereof, the whole prin- cipal sum, and the interest which shall then have accrued, shall at once become and be deemed duo and payable, at the option of the above named obligee, heirs, executors, administrators or assigns) and shall also pay all costs and expenses which the said obligee heirs, executors, administrators or assigns shall pay, be put to or sus- tain for attorney's, solicitor's or counsel fees, or otherwise, in addi- tion to any costs or fees which now are, or hereafter may be allowed by law for the collecting the said sur^ of money, or any part thoreof, or of the interest thereon, or any part thereof [or for foreclosing a certain mortgage bearing even date herewith, and given to secure the payment of the said sum of money above specified, with the interest thereon, without fraud or delay,] then this obligation to be void and of no efiect, otherwise to be and remain in full force and virtue. J^aled and delivered in presence of ] \ A. B., Director, [seal.] (bigned,) C. D., Treasurer, [seal.] E. P., Glerh, [sbal.] District Board of Disirict No. , of the town of ~ Note. — If no mortgage aocoiupanie.=; the bond, oroit tlie words " or for fore- closing," d of Dislrict Treasurer 136 form of bond of Town Suoerintendent 150 INDEX. 16"5 BOOKS : for records and register . "^'24: to be delivered to successor in office 21,43 to be furnished indigent pupils _. 29,77 text books determined 29, 77, 78. 98 text-books recommended 199-111 uniformity of — -... 78,109 BORROWING MONEY : by school districts 44, 99 BRANCHES OF EDUCATION : to be taught 30, 78 BUILDING: school house -.. 76,105-108 BUSINESS : what transacted at annual meeting 19, 67, 69, 47 " " "special " 18,64 " «^ "first " 18,63,64 CARE: of school house 29,77,96 CERTIFICATE : of appointment 9 of Clerks of Board of Supervisors 12, 14,[87 of estimated value of school house r 18,^65 of teachers how granted 34, 81,'^92 may be annulled... 34,81,82,^93 Town Superintendent to certify tax 'Zt^*^ Town Clerk to certify delinquent tax 24,^27 Town Clerk to certify to judgment ._ 41 certificate of vote for Union High School S"^*^ CHAIRMAN : of district meeting _ -. 17, 66 of town Board to be associated with town Sup't. . 35, 83,^90 penalty for not performing duty 42 CHALLENGE : of voters _ 16,62 CHILDREN : age to attend school 6, 9, 100 to be reported by District Clerks 2.3 INDEX. ' CHILDREN— continued : attendance to be registered 24 to be reported by Town Superintendent 31 to be basis of apportionment 31 Clerk of Board to report.. 38, 86 where may attend school _ 101 €LERK OF BOARD OF SUPERVISORS : to file notice of apportionment _ ._ 12 to furnish copy to County Treasurer and County Board of Supervisors _ 12 to transmit certified copies, &c., to State Sup't 12, 14 to preserve documents 38 to report to State Superintendent 38,86 furnish statement to County Treasurer 38, 86 penalty for neglect of duty 42, 87 form of report of 151-153 GLERK OF TOWN : to furnish statement of valuation 24 to assess tax ._ 24, 37, 86 to certify delinquent tax to Town Treasurer 27 to enter unpaid tax in next assessment roll 28 to file town Superintendent's account 33 to file annulment of certificate 34 may be associated with Town Superintendent 35, 83 to file copy of notice of formation or alteration of district 35 to fix valuation ... _ 37,85 to file reports, books, &c., _ 38,86 to receive and assess judgments 41 to file map 44, 86 to deliver assessment roll to collector 74 not to certify assessment to State Superintendent 87 CLERK OF SCHOOL DISTRICT : when chosen .._ 17 may call special meetings _ 18, 64 may call special meeting for electing officers.. 18, 65 term of office 19, 94 to draw orders on Treasurer „ 19, 23, 73 to notify officers of their election 19, 69 to record Treasurer's report _. 20, 70 to approve bond of Treasurer _. 20, 70 to file bond of Treasurer 20 to record proceedings 21, 67, 68, 71 to be Clerk of District Board and district meetings.. 21, 66 to hire teachers... 21, 71, 72, 93-95 to give notice of meetings 22, 64 to report to the Town Superintendent 22, 73 INDEX. ' 167 CLERK OF SCHOOL DISTRICT— continued : to furnish school register _ 24,73 to deliver to town Clerk statement of taxes voted to be raised 24, 73 how to make out tax list 26 to issue warrant for collection .. 27, 75 to file certificate of unpaid taxes 28 warrant issued by, to ha ve force 28 may correct tax list ._ 28 may renew warrant .,. 28 a member of District Board 29 when to be Librarian. 39,54 penalty for neglect of duty 42, 94 penalty for false report . 42 penalty for refusal to deliver books, &;c., to successor.. 4S entitled to Journal of Education 46 to furnish town Superintendent with certified copy of minutes of meeting to organize a Union district... 47 to preserve Journal of Education 46, 58 to report library statistics 58, 59 to record ayes and noes 67 to keep accurate minutes 68 to report officers to Town Superintendent. 73 must sign the annual report 89 cannot teach in his district 96 form of report of 137-139 CLERK OF UNION SCHOOL : a member of Board 47 a member of Board of Examiners ._ 48 COMMON SCHOOLS : to be free 6, 100 Sectarian instruction not allowed 6 how in part supported _ 6 must maintain school three months each year.. 6, 88 School Fund, how distributed to 9 what taught in .--. 29, 77 Town Superintendent may hold property of 33 supervision of, vested in Town Superintendent 34, 82 terms of _ 69 who may attend 100, 101 government of. 101 COMMON SCHOOL FUND : (see "Income of School Fund.") COMMUNICATIONS ; to State Superintendent _ „.. 60 168 I! dfct 134 of refus.-il to Hcci-jil otHee ._ 134 of ordi r on Ticisiiii ;■ 134 of annua! rrpii; voted . 141 of -statement of '...xcs voted in a joint district — 141 of D^ed 142 of Lease 143 of appointmeiit to till vacancy - 143 of annual report of Town Sup't . 144-146 of Teacher's certificate 147 of note annulling certificate 147 of notice ol Mher-aicm of district _ 148 of notice, when ! on rd refuse consent . 148 of order awarding property 149 of order altering -iistrict . 149 174 INDEX. EORMS— continued : of bond of Town Superintendent 150 of annual report of Clerk of Board 151-153 of tax certificate of District Clerk 154 of "warrant by District Clerk 154 of Bond to secure borrowed money ,._ 155 of Mortgage given by District Board.- _ 156 of determination to form Union High School District by District Clerks...... 157 of notice to form Union High School District by Town Sup't 158 FORMATION : of School Districts 35,83,90 of Union High School Districts 47, 77 notice of to be given 35, 83 town officers to be called in 35, 83 of joint districts 36, 90 of joint union districts 48 Form of notice of 129, 157, 158 FREE: common schools to be 6, 100 FUEL : how provided 17,100 FUND: (see "Income of School Fund.") G. GOVERNMENT OF SCHOOLS : Town Superintendent to advise in regard to 35 vested in District Board 98,101 powers and duties of teachers in.. 101, 102 H. HOLIDAYS : teachers entitled to * 72 HIGH SCHOOL : (see "Union Schools.") INDEX. 175 I. INCOME OF SCHOOL FUND : how distributed 6,87,88,89,103 when distributed-- 9,14 when not to be apportioned 14, 54,^88 to be applied to payment of teachers' wages 23, 88, 89 County Treasurer to apply for _ 14 what constitutes - - 89 INSPECTION OF SCHOOLS : byTownSup't- 34, 82 J. JOINT DISTHICTS : How formed and altered 36,63, 84, 90 tax to exceed $500, by whom certificate to be given. . 18, 65 - how apportioned to 87, 88 should not be formed - 90 supervision of _ 90 made by change of town lines 90 notice of formation, form of 129 JOINT LIBRARIES : how formed and divided .. 40, 54 Librarian of, how appointed — 40, 54 vested in whom - 40 regulations concerning 54-59 JOURNAL OF EDUCATION : who entitled to.. 46 how paid for .- — 46 JUDGMENTS : against districts how collected .- 40 how certified 40 in case of joint districts, how certified and collected, — 41 to be assessed by Town Clerk __ 41 how assessed in joint districts -- 41 JUSTICES OF THE PEACE : to have jurisdiction. 40 176 INDEX. L. LEASE : district may lease ])ouse or site.. lY, 1Q vote to, by ayes and noes 76 form of. 142 LIABILITIES : district may vote tax to meet ., ., . 16 when incurred, district may not alter proceedings. 99 LIBRARIAN : when District Clerk to be 39, 54 of joint district, ].uw hjipi^int^d .. 40, 54 duties of . _ 55-59 LIBRARIES : How much e-et apart for ... . 39 "who may use boolcs 39 disti ict may vote tax for . . . -59, 52 how books for. may be selected 39 vested in wliom. . 39 fines for damage to, how collected . 39 districts may unite 40 may be divided . - 40 usefulness and importance - 51 how to provide means to secure . 52 regulations of law ._ 53, 54 regulations by State Sup't . . 54-59 LIBRARY MONEY : how much may be set apart 39 when illegally expended apportionment forfeited.. 32 district not entitled to - 88 LOAN : districts may make, to builJ, &c 44 length of time, rate of interest, (fee 46 liow secured - - - — 45 not to exceed 1 ft p-r cent,, of valuation 45 authority to make to be shown by the records. 76 M. MAPS ; Town Superintendent t>) make 44, 85 to be furnished District Clerk - 44, 85 to accompany appeal . ... 49 copy of, to be served nn opposite party — 50 INDEX. 177 MEETINGS : (see "Anaual," '• First," and "Special Meetings.") MISDEMEANOR : when District Clerk guilty of 43 penalty of 43 MONEYS : (see "School " and " Library Moneys.") MONTH : signification of 72 MORAL AND RELIGIOUS INSTRUCTION : in public schools .- - 112 not to be sectarian — 6, 8, 112 N. NAMES ; of school districts _. 16 of scholars to be registered. 24 of voters, Clerk to prepare lists 67 of district officers to be reported to Town Superintend- ent --- — 73 of Town Superintendents to be reported to the State Superintendent 80 NEGLECT : of District Treasurer to pay moneys to successor 21 of teacher to use School Register 24 of district to receive apportionment 33 of officers to accept office, &c 42 of Town Superintendent to report 42 of Clerk of the Board to report 42,87 of District Clerk to deliver books to successor 43 of Town Superintendent to apportion moneys.. 4y NOTICE : State Superintendent to give, of apportionment.. 10 Clerk of Board to transmit to County Treasurer 12 County Treasurer to give, to Town Superintendent 14 of time and place of first meeting. 15, 62 to be recorded 15, 62 how served and returned 15 to be given in case of neglect to attend first meeting.. 15 want of does not render meeting illegal 17, 64 23 178 INDEX. NOTICE— continued : of special meeling 18. 64, 65 to officers elect 19, 69 Clerk to give of annual meeting 22, 64 of intention to annul certificate 34, 81 of intention to alter district 35, 61, 83 of alteration of district 35, 61, 83, 84 of formation of joint district 36, 84 refusal to serve 42 forms of notices (see " Forms.") OATH: of office by State Superintendent 7 of office by Assistant State Superintendent 10 administered to challenged voter 16 OFFICERS : of district 17, 19 of union districts 47 (See "Director," "Treasurer,"' "Clerk.") ORDERS : Director to sign 19, 70 Treasurer to pay money on 20 Clerk todraw... 23, 73 on Treasurer, form of 134 (orders, see "Forms.") OUTLINE MAPS: bow provided IS sbould be supplied - 107 recommended .- 110 P. PENALTIES : (see " Fines and Forfeitures.") PLANK ROADS : not liable to district tax _ 74 PRINCIPAL : t'>) of School Fund _'i.i.^«>.w 6 when income added to , 14 INDEX; 179 PROCEEDINGS OF DISTRICT MEETINGS : mode of 65, 66 not void for want of due notice..,. » 65 when cannot be altered ., 68 PROPERTY ; (see "District Property.") PUBLIC MONEY ; (see " School Money.") QUALIFICATIONS : of voters 16, 62 of teachers, how determined __ 34, 81 R. RAILROADS : not liable to district tax • 74 RBiAL ESTATE : school districts may hold 16 tax on, how assessed and collected.. 24,25 how assessments equalized in joint districts 24 District Clerk to enter in tax list __ 26 when District Board to fix value 26 how and when assessment of may be altered 26 when taxes on are unpaid, what proceedings are had.. 27 owner of chargeable with taxes by tenant ... 29 District Board may mortgage 45 Union High School tax on 47 RECEIPT : to be given by District Treasurer to Town Sup't 71 RECORDS OF SCHOOL DISTRICTS : who to keep 21, 68 to be delivered to successor 21,43 method of keeping, 27 may be executed out of town or county 28 to have force and eflfect of warrant issued by Town Clerk 28 may be renewed 28' form of. .„ 154- COURSE or STUDY IN NOEMAL INSTITUTES. [The following Regulations made and adopted by the Board of Normal Regents are here inserted, for the use of High School Boards who may wish to avail themselves of the provision made for Normal Institutes.] The Board of Normal School Regents, in adopting the following course of study, deems it a duty it owes to the institutions claiming the funds under its control, to state distinctly its view of the re- quirements of the law by which the duties of this Board are defined. The act setting aside this fund gives power to the Regents to ap- propriate only to those institutions "which shall establish and main- tain a Normal Institute in connection therewith, for the education of teachers," leaving it with the Regents to make and carry out such needfal rules and regulations as they shall deem necessary. The original Board declared that " a Normal School or Normal Depart- ment, as contemplated in this act, is in the estimation of this Board one in which students are educated with especial reference to fitting them for teaching in our Public Schools." The present Board have reiterated this as their decided conviction that this is the only just and true interpretation of the intent of the law. Nor does this Board understand that the pursuit of any one or more of these stixdies, or even the full course, without especial re- ference to a preparation for teaching in our public schools, is suffi- cient to entitle the college or academy to become a recipient in the distribution of the fund. The course must be pursued in connection with lectures and constant reference to the theory and practice of teaching. It is not so much with reference to giving instruction in the facts of the science that the Board have adopted a course of study, as to provide means and methods of illustrating lectures by actual studies in which the theory shall be reduced to practice. It is not sufficient then that these studies are pursued as such, to bring the pupil within the definition of studying for the profession 190 COURSE OF STUDY. of teaching, and the Board cannot regard those who, in a regular academic or collegiate course may he pursuing the same studies, be- cause the Principal or Faculty have prescribed it as their course as coming within the meaning and intent of Normal Students. There the facts, principles and theories are taught, to fit the student for practice in life. In the Normal department they must be pursued in connection with lectures embracing the following subjects : Education, its nature and design ; physical education ; intellectual education ; moral education ; resthetical education ; the history of education ; and examination of the powers of the mind, especially with refer- ence to receiving and communicating knowledge ; school house ar- chitecture, including school furniture, grounds, &c. ; organization and classification of schools ; graded schools ; modes of teaching different subjects ; tlie proper incentives for schools ; rewards and punishments; the office of teacher; his duties to himself, his school, and the public ; duty to the State, in reference to educating its citi- zens ; the educational policy of Wisconsin. It is intended in this course of lectures, to present, as nearly as , may be, the whole duty of the teacher, and to point out such modes of school discipline and management as shall assist the young teacher in preparing for his great work. The members of this department are also required to write on various topics connected with educa- tion, and to discuss in form of debate, such subjects as may be as- signed by the Principal of the Institution. The Board further propose to examine pupils on the studies of the course, and to award in their official capacity a certificate to all who shall have passed a creditable examir.ation in the full course a first class certificate, and a second class for the first year studies. Previous to pursuing the course, the student shall pass an exami- nation by the Principal on the following studies ; Reading, Spelling, Written Arithmetic, Elementary Algebra, Physiology, History of the United States, English Grammar, through the ordinary treatise used in the common schools in this State, Descriptive Geography, Composition, Elementary Sounds. FIRST YEAR. Theory and Practice of Teaching, connected with, and illustrated by the studies in High School Arithmetic, Physical Geography, Political Geography, Algebra, Geometry, Modern History, Analysis of Language, Natural Philosophy, Natural Theology, Book-Keeping, Elementary of Sounds, Vocal Music. SECOND YEAR. Theory and Practice of Teaching, connected with and illustrated by the studies in History of English Language and Literature. Principles of General Grammar, Drawing, Trigonometry, Che- mistry, Mineralogy, Geology, Astronomy, Intellectual Philosophy, COURSE OF STUDY. 191 Moral' Philosophy, Constitutions of United States and Wisconsin, Political Economy, Calisthenics, Mensui'ation and Surveying, Vocal Music, and review of whole course. The Board have further provided that the age at which students in the Normal Department, may entitle any institution to the benefit of the fund on their behalf, shall not be less than sixteen years, — with an actual attendance upon the instructions of the department of not less than sixty-five days during the year. It is hoped on the part of the Board, that they have, made their suggestions and regulations so distinct as that, — with a careful study of the law under which these regulations are made — there may be no difficulty, on the part of those Institutions desiring a participation in the income fund of the Board, in understanding and complying with them, where there is an honest desire to do so. If, however, there should be any important question upon which any institution may desire further information, a line addressed to the Secretary or either member of the Board will be cheerfully answered. Such Institutions as are described in section nine of the act of incorporation, which have fully complied with the provisions of said act, and the regulations of the Board in establishing and maintain- ing a separate Normal Department in 'which is taught the prescribed course of study, will be entitled to draw from the Income Fund in proportion to the number of properly qualified students who have re- ceived instruction therein for the requisite number of days. The report of the same must be made to the Secretary of the Board, by the 5th day of March of each year, embracing the atten- dance to the 1st day of January preceding, — containing distinctly the names, ages and residence of each student returned ; with the studies pursued, for at least sizty-five days in the separate Normal Department, — which report must be signed and sworn to by the Pre- sident or Principal, and the Secretary of the Board of Trustees of the Institution. I c?n S( C1T1\T TO RR DKLTVERED BY EACH OFFICER TO HIS SUCCESSOR. isa©. LfBRARY OF CONGRESS, Hf-CEIVED AUG 91901 DIVlSiON OF DOCUMENTS. LAWS STATE OF WISCONSIN. RELATING TO Regrnlations for appeals, libraries, &c., instrtictions for soliool officers, forins for conclxxctinLg; all necessary proceedings ■under said la\;v^s, and a Conanaentary; upon the entire law, containing full directions for district offi.Gers, PREPARED BT THE SUPERINTENDENT OF PUBLIC INSTRUCTION. PUBLIC PROPERTY:" TO BE DELIVERED BY EACH OFFICEK TO HIS SUCCBSSOa. MADISON: JAMES R0S3, STATE PRINTER — PATRIOT OFFICE, 1859. TO DISTRICT OFFICERS, The following compilation contains all of the School Code of this State. Aa several amendments have been made, officers are to be guided by the law as herein published, although it may differ from chapter 23, Revised Statutes. In this edi - tion, the Notes have been arranged in the form of a Commentary upon the text of the law,, and numbered by sections corresponding to the sections of the law, so that the notes to any section will be numbered the same as the section itself. It is be- lieved that all the forms necessary are included in the Appendix. School Officers are particularly requested to furnish this Department with information in regard to any lack in this respect which may come to their notice. The Normal School Law, together with the Regulations adopted by the Board o Normal Regents, is herewith published, for the benefit of Union Schools who may wish to establish Normal Departments. This pamphlet is, in all cases, to be considered Public Property, and is to be de- livered by each District or Town Officer, receiving the same, to his successor iu office. S. H. CARPENTER, Assistant State Superintendent. Tomxgj \± cj.. , vi! J-; c:i(!; ii >!.'oJ louiloc; oit] lo lift afiif,*noo 0oiJRlicimoo §niwo{Ioi 9iIT fiio/-))' ::x; rrr.f aifi o'i iisWus ^'^ o* ''''^'^ 8'ioofflo {Obcra naod orsil gJaembnamB I«*i9V9s - jfj9 fifft /rl .aodaiJiJB baaivaS {8£ ■xoiqjjdo mo-il la'BiFj Y,^ra ii xfgDodJff! ,bod3iIcfuq io ^y.oi orii rtoqu ^^-xiiinoraffioO js 'io rn-xot o/I) ni begflxi-nfl iraad avjiil aaioTl ait (UoiJ i&dA 03- {Vrfil Off* 1o 8/101*398 9ili oi §nibnoqa9T£0o aaoii09a ^cl botacfmun bae .,7ri3l 9x1.1 ' -9cr 81 il .Ifoadi; fioilo9a 9ili Eft oausa 9jli bo'igcrcciua ad liivf noiio9a Y.frJ5 ol aoJon 9x1* B'XOofftO fooxIoS .xibitgqqA gxli ni babufoni oia Y;'ifi8aoa9fl axn-xoi 9ili llsi ixixf* bavaiJ. oi b'iugg'i ni noM/jxrrrdini xflxw ixxaxnlinqgO aixfl xlaiaiul oi b9ia9up9'X xliRlaoiit&ci six; .90Xj0fi 'ixgifi 0* 01X100 \pap. doirfw Jogqao'i air!* ni i^al \as; biXiofI 9x1* \A baiqobxj aooiJxjI/xgaJI 9x1* Aim 19x1*030* ^trnCL looxioS IcrauoW adT '{fiXfi oxiw alooxfoS noixiU to ifignod o&i 'xol ,box{8i[dirq dJJvro'xad si fBixogaH IjsjmoW .eiagml-rxsqgQ Ixim-toW daildxiiao 0* daivr 'Sb sd 0* s! hasi (^itoqoi*! oiliu'i bs'iabiaaoo od oi .asaxso Ilxi ni ,ai *9ldquix!q siriT iii 'loagoooifa 8if[ 0* (acaxsa ml) iMiivf-Jorx .leofflO xi'^oT -jo JoiiJaid xloxio \6 bo'rgvif l.oo/IoH liojjy '^(um hew Hoi'iv Um SELAfliW TO MMMOS SMfi9L^' CONSTITUTION "ARTICLE lO. EDUCATION. Section 1. The supervision of public instruction State gupe'^- shall be vested in a State Superintendent, and such ot^ier J^^JJJj^®.^*/^ officers as the legislature shall direct. The State Super- struction, bow intendent shall be chosen by the qualified electors of the elected, and State, in such manner as the legislature shall provide; Jl'^^^*J°™P®"'''^-'" his powe; s, duties and compensation shall be prescribed by law; Provided, that his compensation shall not exceed the sum of twelve hundred dollars annually. Sec. 2. The proceeds of all lands that have been or W>at to coa- hereafter may be granted by the United States to this gj,^j^^^jj|.^y^jj_ State for educational purposes, (except the lands here- tofore granted for the purposes of a IFniversity,) and all moneys, and the clear proceeds of all property, that may accrue to the State by forfeiture or escheat, and all moneys which may be paid as an equivalent for exemp- tion from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, and all moneys arising from any grant to the State where the purposes of such grant are not specified, and the five hundred thousand acres of land to which the State is entitled by the provisions of an act of Congress, entitled "An Act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, one thou- sand eight hundred and forty-one, and also the five per centum of the nett proceeds of the public lands to which the State shall become entitled on her admission into the Union, (if Congress shall consent to such appropriation of the two grants last mentioned) shall be set apart as a separate fund, to be called the School Fund, the interest of which, and all other revenues derived from the school lands, shall be exclusively applied to the following ob- jects, to wit : f be set a- iart. /How interest applied. District schools to be established by law, to be free and not secta- rian. Annual tax to be raised for support of schools. Amount thereof. Income of school fund, how and when distributed. State univer- sity. School land commission- ers. LAWS RELATING TO COMMON SCHOOLS. i. To the support and maintenance of Common Schools, in eacli school district, and the purchase of suitable li- braries and apparatus therefor. 2. The residue shall be appropriated to the support and maintenance of Academies and Normal Schools, and suitable libraries and apparatus therefor. Sec. 3. The legislature shall provide by law for the establishment of District Schools, which shall be as near- ly uniform as practicable, and such schools shall be free and without charge for tuition to all children between the ages of four and twenty years; and no sectarian in- struction shall be allowed therein. Sec. 4. Each town and city shall be required to raise, by tax, annually, for the support of Common Schools therein, a sum not less than one half the amount received by such town or city respectively for school purposes, from the income of the School Fund. Sec. 5. Provision shall be made by law for the distri- bution of the income of the School Fund among the several towns and cities of the State, for the support of Common Schools therein, in some just proportion to the number of children and youth resident therein, between the ages of four and twent}^ years, and no appropriation shall be made from the School Fund to any city or town, for the year in which said city or town shall fail to raise such tax, nor to any school district for the year in which a school shall not be maintained at least three months. Sec. 6. Provision shall be made by law for the estab- lishment of a State University, at or near the seat of government, and for connecting with the same from time to time such colleges in different parts of the State, as the interests of education may require. The proceeds of all lands that have been or may hereafter be granted by the United States to the State for the support of a University, shall be and remain a perpetual fund, to be called the "University Fund," the interest of which shall be appropriated to the support of the State Uni- versity; and no sectarian instruction shall be allowed in such University. Sec. 7. The Secretary of State, Treasurer and Attor- ney General, shall constitute a Board of Commissioners for the sale of the School and University Lands, and for the investment of the funds arising therefrom. Any two of said commissioners shall be a quorum for the transaction of all business pertaining to the duties of their oflBce. LAWS RELATING TO COMMON SCHOOLS. , f Sec. 8. Provision shall be made by law for the sale of Lauds how all School and University Lands, after they shall liave'^*^^*^- been appraised, and where any portion of such lands shall be sold, and the purchase money shall not be paid at the time of sale, the Commissioners shall take security by mortgage upon the land sold for the sum remaining unpaid, with seven per cent, interest thereon, payable annually at the office of the Treas^j^rer. The Commis- sioners shall be authorized to execute a good, and sufficient conveyance to all purchasers of such lands, and to dis- charge any mortgages taken as security when the sum due thereon shall have been paid. The Commissioners Powers of shall have power to withhold from sale any portion of commission- such lands when they shall deem it expedient, and shall ^^^" invest all moneys arising from the sale of such lands, as well as all other University and School Funds, in such manner as the legislature shall provide, and shall give such security for the faithful performance of their duties as may be required by law. CHAPTER lO.-REVISED STATUTES. Sec. 59. There shall be elected at the next go^ieral gj*^ ^upe^m- election, and biennially thereafter, a State Superintend- elected and ent, whose term of office shall commence on the first day Ms term of of- of January next succeeding his election, and continue fi*^®- for the term of two years, and until his successor is elected and qualified. Sec. 60. The State Superintendent shall, before he Oath of office, enters upon the duties of his office, take and subscribe an oath to support the constitution of the United States, and of the State of Wisconsin, and faithfully to dis- charge the duties of his office to the best of his ability, which oath shall be filed in the office of the Secretary of State. Sec, 61. The said Superintendent shall receive for his His salary, services the sum of twelve hundred * dollars per annum, payable quarterly in advance, with his actual postage, and the necessary stationery for his office, payable quarter yearly out of the State Treasury. Sec. 62. He shall have a general supervision over the His duties. Common Schools in this State, and it shall be his duty, as far as practicable, to visit every county in this State, for the purpose of inspecting the schools, awakening -"- Ch. 203, laws 1859. LAWS RELATING TO COMMON SCUOOLS, an interest favorable to the cause of education, and dif- fusing as widely as possible, by public addresses and personal communication with school officers, teachers and parents, a knowledge of existing defects, and of desirable improvements in the government and the in- struction of the schools. Hiaduties. Sec. 63, It shall be his duty to recommend the intro- duction of the most approved text books, and as far as practicable to secure a uniformity in the use of texfc books in the Common Schools throughout the State ; to discourage the use of sectarian books and sectarian instruction in the schools; to advise in the selection of books for school district libraries ; and to open such correspondence abroad as may enable him to obtain, so far as practicable, information relative to the system of Common Schools, and its improvements in other States and Countries, which he shall embody in his Annual Report to the Legislature. Ibid. Sec. 64. He shall prescribe rules and regulations for the management of school district libraries, and the penalties which shall be imposed by District Boards for any violation of such rules and regulations ; he shall prepare for the use of Common School officers, suitable forms for making reports, and conducting all necessary proceedings, and he shall cause the laws relating to Common Schools, with the rules, regulations and forms aforesaid, and such instructions as he shall deem neces- sary, to be printed together, with a suitable index, in pamphlet form, by the person authorized to do the State printing, at the expense of the State ; and he shall cause the same to be distributed among the several school districts and other officers having the care of Common Schools throughout the State. To examine ggc. 65. He shall examine and determine all appeala appc1ril!''°''°° ^"^y made to him from the decision of any school dis- trict meeting, or from the decision of any Town Super- intendent in forming or altering, or in refusing to form or alter any school district, or concerning any other matter under the Common School law of this State, and his decision thereon shall be final. BookSjCharts, Sec. 66. It shall be the duty of the State Superinten- ^o- dent to collect in his office sucli school books, apparatus, maps and charts as can be obtained without expense to the State, and also to purchase, at an expense not ex- ceeding fifty dollars a year, rare and valuable works on education, for the benefit of teachers, authors, and others who may wish to consult them ; and the said sum LAWS RELATING TO COMMON SCHOOLS. » is hereby annually appropriated for this purpose out of any moneys in the treasury not otherwise appro- priated. Sec. 67. He shall prepare in each year a report, to be To report, submitted to the Legislature on or before the tenth day of December in each year, containing — 1. An abstract of all the Common School reports re- What to con- ceived by him from the several Clerks of the County *'^^'^- Boards of Supervisors ; 2. A statement of the condition of the Common Schools in this State ; 3. Es'iimates and accounts of expenditures 'of the school moneys ; 4. Plans for the improvement and management of the Common School Fund, and for the better organization of the Common Schools. And — 5. All such matters relating to his office, and the Com- mon Schools of the State, as ho shall deem expedient to communicate. Sec. 68. It shall be the duty of the State Superinten- Apportion- dent, between the tenth and fifteenth days of March in f;^"/iQ^o''^°^^ each year, to apportion and distribute the income of the State Fund for the support of Common Schools, which shall have been received up to the tenth of March in each year, among the several counties of this State, and the share of each county among its respective towns and cities ; such apportionment shall be made among the several towns and cities according tx) the number of children in each, over the age of four, and under the - ■■, age of twenty years, according to the returns thereof as *-~s,. ^ made to his office for the preceding year. Sec. 69. He shall certify such apportionment to the To certify ap- Treasurer of the State, and shall give immediate notice portionment thereof to the Clerk of each County Board of Super- ^^'jjj'"^;^'';'^^ visors, stating the amount apportioned to his county, tice of same to and to each town and city therein, and the time when county clerks. - the same will be payable to the Treasurer of such county. Sec. 70. The State Superintendent shall have an office Where to keep at Madison, where shall be deposited all papers and docu- '^'^ °^^® ments appertaining to the business of his office ; and to which place communications on the subject of Common Schools may be addressed to him. Sec. 71. Copies of all papers deposited or filed in the Copies of his office of the State Superintendent of Common Schools, P'jP^^f^^*'^*:^' and all acts and decisions of such Superintendent may jence. 10 LAWS RELATING TO COMMON SCHOOLS. Traveling ex peases. be certified by him ; and wlien so certified, shall be evi- dence equally and in like manner as the originals. Assistant _ Sec. 72. The State Superintendent shall have power state superin- ^q appoint under his hand and seal an Assistant Super- intendent of Public Instruction, who shall take the con- stitutional oath of office, which shall be filed in the office of the Governor ; and such Assistant shall perform such duties as his principal shall prescribe, not inconsistent with law, and shall receive an annual salary of one thou- sand dollars,* to be paid quarter yearly as the salaries of State officers are paid, and such Assistant shall be styled the Assistant State Superintendent, and the State Superintendent shall be responsible for all of the acts of such Assistant. Sec. 73. There is hereby appropriated annually to the Superintendent of Public Instruction, out of any money m the Treasury not otherwise appropriated, the sum of six hundred dollars, to defray traveling expenses, in making official visits as required by law : said appro- priation to be drawn in such sums and at such times as the State Superintendent may elect. Sec. 74. The State Superintendent shall submit in his Annual Report a statement of his travels in making offi- cial visits during the past year. Sec. 75. There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropri- ated, the sum of eight hundred dollars annually, to the Superintendent of Public Instruction, for the purpose of defraying: the expenses of clerk hire in the office of said Superintendent of Public Instruction; said sum to be drawn quarterly by said Superintendent, and to be dis- bursed by him for the purpose herein named; Provided^ that said sum of eight hundred dollars shall be in full for the annual payment of all clerk hire of said Depart- ment. To report. Clerk hire. CHAPTER 138.-GENERAL LAWS, 1858. dent. Annualreport Sec. 9. Section two, of chapter ninety-nine, of the of supennten- (General Laws of 1857, is hereby so amended as to except the State Superintendent of Public Instruction from being required to make his annual report to the Gover- nor within ten days after the close of the fiscal year; and said State Superintendent shall make his report, and Ch. 203, Laws 1859. LAWS RELATING TO COMMON SCHOOLS. 11 deliver it on or before the (lOtli) tenth day of December in each year to the Governor, -who, within three days thereafter, shall deliver the same to the contractor or person authorized to do the public printing of the State; and when printed, one thousand copies thereof shall be delivered by the Superintendent of Public Property to the Superintendent of Public Instruction, for the use of his Department. CHAPTER 13.-REVISEE> STATUTES. OP THE BOARD OP COUNTY SUPERVISORS. Sec. 28. In addition to the ordinary powers and du- Specialpow- ties of the several County Boards of Supervisors enu- ^^l ^°"^*y merated in the preceding section, the following special powers are conferred upon them, subject to such modifi- cations and restrictions as the legislature shall from time to time prescribe, to wit : 4. To authorize the levying and collecting of taxes for specific purposes in any town or school district, not exceeding one thousand dollars, when such town or school district is not authorized by law to levy and collect the same, or so large an amount; and to authorize the issu- ing and renewal of any warrant for the collection of town, school or road district taxes, as they shall deem just and expedient, when the same is not otherwise au- thorized by law; Provided, a majority of the electors of such town or school district shall, at some duly organized meeting, vote that such a tax be raised. OF CLERK OP THE BOARD OP SUPERVISORS. Sec. 60. Whenever the clerk of the Board of Super- J^J>™ty^clerk visors of any county shall receive from the State Super- ^f apportiou- ihtendent notice of the apportionment of school moneys ment, and to be distributed in the county, he shall file the same in send copy to his office, and transmit a certified copy thereof to the u^er. County Treasurer; and such clerk shall also lay a certi- fied copy thereof before the Board of County Supervisors, at their next annual meeting. Sec. 61. It shall be the duty of the clerk of the Board To inform of Supervisors, in each county, on the last Monday in s*^*^ superin- December in each year, to transmit to the State Super- ^.^^ ^^ ^Q^^^y intendent, certified copies of all resolutions and proceed- board con- ings of the Board of Supervisors of which he is clerk, cerning school passed or had during the preceding year, relating to the ^^ ^^^' 12 LAWS RELATING TO COMMON SCHOOLS. raising of any money for school purposes, and to report the amount to be raised in each town in such county. CHAPTER l.-.-REVISED STATUTES. POWERS AND DUTIES OF TOWNS. flertoraft ^^^- -' ^he qudified electors of each town shall have towu meet- power at any le^al meeting thereof to vote to raise such ings. sum of money for the support of Common Schools, in ad;=*** * * Pay of town. Sec. 93. Supervisors, Assessors, Clerks of the Polls, supermtend- ^^^ Superintendents of Schools, shall be entitled to a compensation for each day actually and necessarily de- voted by them to the service of the town, and in the discharge of any of the duties of their respective oflBces required of them by law, of onf^ dollar and fifty cents for each day, and at the same rates for parts of a day. CHAPTER 28.-REVISED STATUTES. ^^^erfnfenT'' ^^^' ^^-' "^^^^ "^^^^^ Superintendent of Schools in entin regard ^ach town, shall be authorized to sell the fallen timber to school and the grass growing upon any unsold School or Uni- landa. versity lands in his town, if such lands are not leased by the Commissioners, and shall pay the proceeds thereof into the County Treasury, for the benefit of the School or University Fund, and shall immediately report the amount so paid, to the State Treasurer. CHAPTER 1G5.-REVISED STATUTES. Duty of town Sec. 55. It is hereby made the special duty of th& superintend- gyppj.ijjtendent of Schools in each town, who may have trespasro^n" knowledge of, or who may receive information of, any BcLool lands, offence mentioned in the two next preceding sections of LAWS RELATING TO COMMON SCHOOLS. 13 this chapter [cutting timber or removing minerals from School or University Lands,] to lortliwith inform the Dit«trict Attorney of the county in which he shall reside, of the trespass committed, of the name of the trespasser or trespjissers, and of the name of the witness or wit- nessesm the case. CHAPTER 18.-REVISED STATUTES. -OF THE ASSESSMENT AND COLLECTION OF TAXES. Sec. 53. The Board of County Supervisors, at their Amount to be annual meeting in each year, shall estimate and deter- "[^^'J ^°J , ° , o \ 1 • 1 • ^ schools by tax mine the amount oi moneys to be raised in each town in towns. and ward in their county, for the support of Common Schools therein for such year, which tax shall be levied and collected in each year, and shall not be less than one- half the amount of school moneys apportioned to such town and ward by the State Superintendent in his last apportionment of school moneys, nor shall the amount so raised for school purposes exceed three mills on the Limited, dollar in any one jenr, upon the valuations of taxable property in such county; every such determination for T)etermina- the raising of school moneys by the said Board h-hall be*'°" *" ^°"' recorded by their clerk, and the sum so determined tobe*'°^ ^ ' raised shall be assessed and collected for the use of Com- mon Schools m each town and ward in such county, in addition to any sum any sue'- town or ward may have voted to raise for the support of Common Schools therein. Sec. 54. Whenever there shall have been no distribu- How amount tion of school monejs to any town or ward in any year, °^ school tax the County Board of Supervisors shall, at their annual ^hen tJwn me( ting in that year, direct to be raised on the valuation has drawn no of the taxable property in such town or ward, the same ^'''^°°|,™°°®y® per centage or proportionable amount of taxes for theje^^ ^°^ support of Common Schools therein, as shall be requir- ed to be raised for that purpose in other towns in such county. . CHAPTEIl 96.-LAWS OF 1S59. AN ACT to amend chapter 18, of th.. Roviserl Statutes, entitled "of . . the Assessment and collection of Taxes." ^^^ej^eople of the. State , of Wl,seonsiri,r ('presented in Senate and Assembly^ do enact as follows : .Sbcxion 1.. Whenever anyorganizcd town in this State 14 LAWS RELATING TO COMMON SCHOOLS. How remedi- ed. Failure to shall have failed to levy, collect or paj over to the County raise tax. Treasurer of the county in which such town is situated, any State, County or school tax, apportioned to and charged against such town in any year, and now is, or shall here- after be delinquent for the same or any part thereof, it shall be lawful, and it is hereby made the duty of the Board of Supervisors of the county in which such town shall be situated in any succeeding year thereafter, to charge over any, and all such delinquent taxes, and a penalty of twenty-five per cent, to the town thus delin- quent, and add the same to the amount of the annual or current tax apportioned to such town. Duty of clerk Sec. 2. It shall be the duty of the clerk of the Board of Supervisors to certify such gross amount of tax to the clerk of such delinquent town in the same manner and at the same time as he is now required by law to certify the annual apportionment of taxes as provided in section 56 of the chapter to which this act is amendatory. Sec. 3. It shall be the duty of the town clerk of such town to calculate and carry out such gross amount of de- linquent and current tax, in the manner and at the time now provided by law for carrying out taxes, as provided in section 59, of the chapter to which this act is amen- datory. Sec. 4. Any town clerk who shall hereafter neglect or refuse to calculate and carry out upon the nssessment roll, any tax or taxes apportioned to any town and certi- fied to him by the clerk of the Board of Supervisors of the county in which such town is situated, and attach a vfar- rant thereto, and deliver the same to the Treasurer of his town as provided by law, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punish- ed by fine not less than five hundred dollars, nor more than one thousand. Sec. 5. This act shall take effect and be in force from and after its passage. of county board. Duty of town clerk. Penalty for neglect. Take effect. CHAPTER 3o purchased by the provisions of this chapter, and of selling the same. DISTRICT MEETINGS. Annual meet- Sec. 9. The annual meeting of each school district ing. shall be held on the last Monday of September in each * See Form No. 7. LAWS RELATING TO COMMOX SCHOOLS. 19 year ; the hour of such meeting shall be six o'clock in the afternoon, unless otherwise provided by a vote of the district, duly recorded, at the last previous annual meeting. Sec. 10. No annual meeting shall be deemed illegal ^'ot illegal for for want of due notice, unless it shall appear that the^^^*°^^°*^^® omission ;,to give such notice was willful and fraudu^ lent.-' Sec. 11. The inhabitants qualified by law to vote at ^'o'^^^V? ^^>^" a school district meeting, when assembled at the first J^'g^yn'ol*^^^* and each annual meeting in their district, shall have power — 1st. To appoint a Chairman for the time being. 2d. To adjourn from time to time as occasion may require. 3d. To cho )se a Director, Treasurer and Clerk. 4th. To designate a site for a district school house. 5th. To vote such tax on the taxable property of the district, as the meeting shall deem sufiicient to purchase or lease a suitable site for a school house, and to build, hire or purchase such school house, and to keep in re- pair and furnish the same with the necessary fuel and appendages. 6th. To vote a tax on the taxable property of the dis- trict of such sum as the meeting shall deem proper for the pay of teachers' wages in the district. 7th. To authorize and direct the sale of any'school house, site, or other property belonging to the district, when the same shall no longer be needful for the use of the district. 8th. To impose such tax as may be necessary to dis-- charge any debts or liabilities of the district lawfully in- curred. 9th. To vote a tax, not exceeding twenty dollars in any one year, for the purchase of globes, black boards, outline maps, or any apparatus for illustrating the prin- ciples of agriculture, chemistry, or the mechanic arts. 10th. To give such direction and make such provision as may be deemed necessary in relation to the prosecu- tion or defence of any action or proceeding in which the district may be a party or interested. 11th. To alter, repeal and modify their proceedings as occasion may require. " See Form No. 8. 20 LAWS RELATING TO COMMOX SCHOOLS How called, to elect offi- cers. Special meet- Sec. 12. Special district meetings may be called by ^^S^- the Clerk, or, in his absence, by the Director or Treas- urer, on the written request of any five legal voters of the district, by notifying all the legal voters in such dis- trict ; and the inhabitants qualified by law to vote, when lawfully assembled at a special meeting, shall have power to transact the same business as at the first apd each an- nual meeting.* Sec. 13. Whenever the time for holding an annual meeting in any district for the election of district offi- cers shall pass without such election being held, the Clerk, or, in case of his absence, either the Director or Treasurer last elected, within twenty days after the time of holding such meeting shall have passed, may notify a special meeting for such election in the manner pre- scribed in the twelfth and twenty-ninth sections of this chapter ; but if such meeting shall not be notified within ■ twenty days as aforesaid, the Town Superintendent may order any taxable inhabitant of such district to notify such meeting in the manner provided in this chapter for the formation of a new district ; and the officers chosen at such special meeting shall hold their offices until the time for holding the next annual meeting.* Tax for school Sec. 14. No tax to be voted by a district meeting for house, limited building, hiring or purchasing a school house, shall exceed the sum of five hundred dollars, unless the Town Superintendent of the town in which the school house is to be situated, shall certify in writing his opinion that a larger sum ought to be raised, and shall specify the sum, in which case a sum not exceeding the sum so specified may be raised ; and in districts composed of parts of several towns, the certificate of a major part of the Superintendents of said towns shall be necessary for such purpose, f Powers of vo- Sec. 15. The qualified voters, at each annual meet- ters at annual ing, may determine the length of time a school shall be taught in their district the then ensuing year, which shall not be less than three months, and whether such school shall be taught by a male or female teacher, or both, and whether the school moneys to which the district is entitled from the Common School Fund and from the town, shall be applied to the support of the summer or winter term of the school, or a certain por- tion to each; but if such matters shall not be determin- ed at the annual meeting, the District Uoard shall have meetinc *Sec Forms No. 6 and 9. Also see section 29. f No. 11. LAWS RELATING TO COMxMON SCHOOLS. 21 power and it shall be their duty to determine tho same. DISTRICT OFFICERS AND THEIR DUTIES. Sec. 16. The officers of each school district shall be District offl- a Director, Treasurer and Clerk, who shall hold their cers, term of respective offices three years, and until their successors '^^^"^''^■^• shall have been chosen, or appointed, but not beyond ten days after the expiration of their term of office, without being again elected or appointed : Provided., that at the first annual election of district officers after the passage of this act,* and at the first election of such officers in any newly organized district, the Clerk shall be chosen for one year, the Treasurer for two years, and the Director for three years ; and thereafter each officer shall be chosen for three years. Any person present at piq,,.^ notified a school district meeting at which he shall be elected of tlieir elec- one of the District Board, shall be deemed to be noti- *^°°- fied thereof, and any person so elected, and not present, shall be notified thereof by the Clerk of such meeting within five days thereafter ; and unless each person so elected and notified shall, within ten days after his elec- tion, file with the Clerk his refusal in writing to accept the office, he shall be deemed to have accepted the same ; and any person appointed to fill a vacancy shall file with the Clerk his acceptance in writing before en- tering upon the duties of the office to which he has been appointed. I DIRECTOR. Sec. 17. It shall be the duty of the Director of each Director, Ms district to sign, together with the Clerk, all orders drawn (^'-i^ies. by the Clerk upon the Treasurer of the district for mo- neys received by him to be disbursed therein. f Sec. 18. The Director shall appear for and on behalf of the district, in all actions brought by or against the district, when no other direction shall be given by the qualified voters of such district at a district meeting. TREASURER. Sec. 19. It shall be the duty of the Treasurer of Duties of trea- each district to apply for and receive from the Towns^rer. Superintendent, all school moneys apportioned to his district, and pay over, on the order of the Clerk and Director of such district, all moneys so received by him. Sec. 20. The Treasurer shall present to the district j^g annual report. *1858. t See Forms Nos. 7, 12, 13, 14 and 24. ,22 LAWS RELATING TO COMMON SCHOOLS. To give lioncl. at each annual meeting a report in writing, containing a statement of all moneys received bj him during the preceding year, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor; also a statement of all taxes assessed upon the taxable property of the district during the year, the purposes for wliich such taxes were assessed, and the amount assessed for each particular purpose, which report shall be recorded by the Clerk ; and if it shall appear that any balance of moneys is in the hands of such Treasurer at the time of making his final report, he shall immediately pay over such balance to his suc- cessor in office."' Sec. 21. Tlie Treasurer shall, within ten days after his election, execute to the district a bond in double the amount of money, as near as can be ascertained, to come into his hands as Treasurer, witli sufficient sure- ties, to be approved by the Director and Clerk, condi- tioned for the faithful discharge of the duties of his office ; and if he sliall fail so to do, his office shall be vacant/)' Sec. 22. Such bond shall be filed with the Clerk, and in case of any breach of the condition thereof, the Di- rector shall cause an action to be commenced thereon in tlie name of the district ; and the money, when col- lected, shall be applied by such Director to the use of the district, as the same should have been applied by the Treasurer, Sec. 23. If the Treasurer shall fail to give a bond as is required in this chapter, or shall decline to accept his office, the said Board shall appoint a Treasurer, who shall possess all tlie powers of the District Treasurer, and shall, before entering upon the duties of his office, give a bond to the district in double the amount of moneys to come into his hands, as near as can be ascer- tained, in the same manner and with the same effect as the District Treasurer is required to give. Sec. 24. If such Treasurer shall refuse or neglect to pay over any balance remaining in his hands, it shall be the duty of his successor in office to prosecute without delay his official bond for the recovery of such balance, CLERK. Duties Of clerk Sec. 25. It shall be the duty of the Clerk of each district to record the proceedings of his district in a book Bond to be filed. Board may appoint. Bond, Tvlion prosecuted. Form No. 15. J Form No. 16. LAWS RELATING TO COMMON SCIIOOLS. 23 to be provided by the district for that purpose ; to enter tberein copies of all reports made by liim to tlie Town Superintendent, and to keep and preserve all records^ books, and papers belonging to his office, and deliver the same to his successor m office. Sec. 26. He shall be Clerk of the District [Board], and lu case of ab- of all district meetings when present, but if he shall ^''^°^- not be present at any district meeting, the qualified vot- ers present may appoint a Clerk of such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the Clerk of the District. Sec. 27. The Clerk shall contract with and hire qual- To employ ified teachers for and in the name of the district ; which *'^''^'^^^^^^- contract shall be in writing, and shall have the consent of either the Director or Treasurer, or both, endorsed thereon, and shall specify the wages per week or month, as agreed upon by the parties, and such contract so com- pleted shall be filed in his office. '•■ Sec. 28. The District Board shall provide the neces- Duty of dis- sary appendages for the school house, and keep the same *^'^*^* ^o^^'*^^- in good condition and repair during the time a school shall be taught therein; and they shall keep an accurate account of all expenses incurred by them, and present such account for allowance to the qualified voters at a regular district meeting; and the amount of such ac- count as allowed by such meeting may be assessed and collected in the same manner as other district taxes, but no such account shall be allowed at a special district meeting, unless the intention to present the same shall be specified in the notice for such meeting. Sec. 29. It shall be the duty of the clerk to give at Meetings, least six days previous notice of every annual and spe- ^^^^^ to gi'^^ cial district meeting, by posting up notices therefor in four or more public places in the district, one of which notices shall be affixed to the outer door of the school house, if there be one in the district; and he shall give the like notices for every adjourned district meeting. Special meet- when such meeting shall have been adjourned for a longer ^^ss- period than one month; every notice for a special district meeting shall specify the objects for which such meeting is called, and no business shall be acted upon at any spe- cial meeting which was not specified in such noticef. Sec. 30. It shall be the duty of the clerk, between the derk to re- first and tenth days of September in each year, to make ^^°^'" and transmit a report in writing, signed by him, to the Town Superintendent, dated on the first day of Septem- " See Form No. 17. fSee Forms Nos. 8, 9 10. 24 LAWS RELATING TO COMMON SCHOOLS. ber, in the year in which it shall be transmitted, show- inff Contents of report. 1st, The number of children, male and female, desig- nated separately, residing in the district on the last day of August previous to the date of such report, over the age of four, and under the age of twenty years; 2nd. The number attending school during the year under the age of four, and the number over the age of twenty years; 3rd. The whole number that have attended school dur- ing the 3^ear; 4th. The length of time a school has been taught dur- ing the year by a qualified teacher, the name of each teacher, the length of time taught by each, and the wages paid to each; 6th, The average length of time scholars over the age of four, and under the age of twenty years, have attend- ed school during the year; 6th. The amount of moneys received from the Town Superintendent within the year, and the manner in which the same has been applied; 7th. The amount raised by the district in such year, and the purposes for which it was raised; 8th. The kind of books used in the school; 9th. Such other facts and statistics in regard to the school and the subject of education as the State Super- intendent may direct. Blanks. Sec. 31. The State Superintendent is hereby author- ized and required, on or before the 1st day of June in each year, to furnish to each School District Clerk in the State, a blank form, upon Avhich such officer shall make his annual report to the Town Superintendent of his own town. School money Sec. 32. It shall be the duty of the clerk to draw how disbursed Q^^gj.g ^^ ^-^^ Treasurer of the "district for money in the hands of such Treasurer, which has been apportioned to, or raised by, the district, to be applied to the payment of teachers' wages, and apply said moneys to the pay- ment of such teachers as shall have been employed by him in the name of the district, and also to draw orders on said Treasurer for moneys in his hands, to be disburs- ed for any other purpose for which the same shall have been voted by the district, agreeably to the provisions of this chapter; Provided, said orders shall be signed by the Director, f *See Form No. 18. f See Form No. 14. LAWS RELATING TO COMMON SCHOOLS. . 25 Sec. 33. The clerk of each school district shall fur- School regis- nish, at the expense of the district, a school register, in *q^'^!^j^** ^^ the form prescribed by the State Superintendent, in which every teacher in the district shall bo required to enter Duty of teacli- the names, ages, and studies of all the scholars attend- ^^^• ing school, and daily their attendance and absence; which register shall be deposited with the clerk at the end of each term; and any teacher Avho shall willfully neglect or Penalty for refuse to comply with the requirements of this section, ^'^g^^*^*- shall forfeit his or her wages for teaching in such dis- trict.* OF THE ASSESSMENT AND COLLECTION OF SCHOOL DIS- TRICT TAXES. Sec. 34. The clerk of each school district shall, on or District clerk before the fourth Monday of November in each year, de- -ge^a^sTale-^^^* liver to the town clerk in which the district is situated, a ment. statement in writing, verified by his afiidavit, showing the amount of the tax or taxes voted to be raised at the last preceding annual meeting, or at the first meeting after the organization of the district, or both, as the case may require, together with a list of all persons and corpora- tions liable to a school district tax therein. In case of a joint district he shall deliver to the town clerk of each In case of _ town in which any part of the district is situated, a state- •''^^^* istnct. ment so verified, showing the proportion of the tax to be assessed in that part of the district Avithin such town, together with a list of all persons and corporations liable to a school district tax in that part of the district. Such proportion shall be ascertained from the valuations con- tained in the last assessment rolls of the respective towns; and to enable the district clerk to ascertain the same, the town clerk of each such town, shall, on demand, at any time after he has received the equalized assessment roll of his town, deliver to the clerk of any such joint dis- trict, a certified statement of the valuation of real and Valuation of personal property in that part of such district lying P^'°P^^''y- within his town, as the same appears from said assess- ment roll.f Sec. 35. The town clerk shall assess such tax, or the Taxes, assess- due proportion thereof, upon the real and personal prop- {^c^on^f erty liable thereto, placing the same in a separate column in the next assessment roll of his town, delivered to the Town Treasurer for collection, whenever such certificate of the district clerk shall be received by him in time therefor, although after the fourth Monday of November, *See Form No. 19, f See Forms Nos. 20 and 21. 4 26 LAAVS RELATING TO COMMON SCHOOLS. And if for any reason such tax shall not be assessed in the next assessment roll after the tax is voted, it shall be assessed in that of the next succeeding year. The tax shall, in all respects, be collected or returned delinquent like other taxes, and when collected, the money shall be To whom paid paid over to the District Treasurer. And whenever any part and not the whole of the taxes for all purposes as- sessed in the assessment roll to any person or corpora- tion, or upon any real estate, shall be collected by the Duty of town Town Treasurer, he shall pay over the due proportion of treasurer, ^.j^g amount collected by him to the District Treasurer. Ibid. Sec. 86. It shall be the duty of the Town Treasurers of the several towns to pay over to the Treasurers of the several school districts in their respective towns, on de- mand, the amount of all school district taxes returned to Delinquent the County Treasurer of their respective counties as de- taxes, linquent, whenever the same shall have been collected and paid over by said County Treasurers to such Town Treasurers; or if any such Town Treasurer shall receive credit from the County Treasurer, for such delinquent tax, or any part thereof, on account of any demand or claim due from such town to said county, then said Town Treasurers shall pay over the amount of such delinquent tax, or the part for which credit has been so received, to the Treasurer of the proper school district, on demand thereafter. [Section 2, of An Act approved May 17th, 1858, and published June 1st, 1858, reads as follows : Part of cliap. [Sec. 2. So much of chapter nineteen of the Revised 19, E. S.revi- g|..^^^j^gg as relates to the assessment and collection of school district taxes, is hereby revived for the purpose of assessing and collecting any tax that may be voted at any special meeting, in accordance with the provisions of section one of this act. — See Sec. 12, page 20. [And the following are the sections of the Revised Statutes of 1849 thus revived, and applicable to the col' lection of school district taxes that may be voted at any special meeting : — Taxes, how [Sec. QQ. All taxes raised and collected in any school district, for any of the purposes authorized by the provi- sions of this chapter, except when otherwise provided, shall be assessed on the same kind of property as taxes for town and county purposes are assessed. Tax hst. [Sec. 67. The clerk of each school district, in making out any tax list, shall enter therein the names of all per- LAWS RELATING TO COMMON SCHOOLS. 27- sons liable to pay a school district tax in such district, the amount of personal property to be taxed to each such person, and a description of all the taxable real estate in such district, and he shall set opposite to each description of taxable property the valuation of the same and the amount of tax charged upon such property, and to each person respectively; such description and valuation of taxable property shall be ascertained so far as possible from the last assessment roll of the town. [Sec. 68. Whenever any real estate in any school dis- Assessment trict shall not have been soparatel}^ valued in the assess- ^^°^™ ment roll of the town, and the valuation of such real estate cannot be definitely ascertained from such assess- ment roll, the District Board of such district shall esti- mate the value of the same, in proportion to the valuation affixed in said assessment roll to the whole tract of which such lot or pieco of land forms a part. [Sec. 69. Whenever a school district embraces a part How altered, of more than one town, the Town Superintendents of the towns so in part embraced, upon application of any three persons liable to pay taxes in such district, shall proceed to inquire and determine whether the valuation? of taxa- ble property in the assessment rolls of such towns are just, as compared with each other, in respect to such dis- trict, and if considered not to be so, they shall determine the relative proportion of taxes to be assessed upon the real estate of the parts of such district so lying in differ- ent towns, and any tax thereafter to be raised in such district, shall be apportioned and assessed according to such determination, until the same shall be altered upon a like application and determination as before mentioned; and in cases where the Superintendents cannot agree as to such valuation, they shall summon a Superintendent from an adjoining town, who shall unite in such inquiry and determination. [Sec. 70. The warrant annexed to any tax list 'shall Warrant what be under the hand of the clerk of the district, and shall *° '°^*'''^- command the Treasurer of such district to collect from each of the taxable persons and corporations named in such tax list, and of the owners of the real estate des- cribed therein, the several sums set opposite to the persons and corporations so named, and to the several tracts of land so described, within forty days from the date there- of, and within ten days from the date of such warrant, to p , f t . , personally demand such tax of the persons charged sui-^. therewith in such lists, if they be found within his town; and that if any such tax shall not be paid within said 28 LAWS RELATING TO COMMON SCHOOLS. ten (iaj's, to collect the same by distress and sale of per- sonal property, in the same manner as Town Treasurers are authorized to collect town and county taxes; and the said Treasurer shall execute said warrant and return the same to the clerk at the expiration of the time limited therein for the collection of such tax list.* Unpaid taxes. [Sec. 71. If any tax on real estate, in any tax list de- livered to the Treasurer of any district, shall remain unpaid at the time he is required by law to return his warrant to the clerk of the district, such Treasurer shall make out and deliver to the town clerk of his town, a statement in writing, containing a description of the lots and pieces of land upon which such taxes remain so un- paid, together with the amount of tax assessed to each; and he shall make and subscribe an affidavit to such statement before som.e Justice of the Peace, or other per- son authorized to administer oaths, that the taxes men- tioned in such statement remain unpaid, and that after diligent eflForts he has been unable to collect the same; and whenever any school district shall embrace parts of more than one town, such Treasurer shall make his return, as aforesaid, to the town clerks of the towns in which such parts of such district shall be situated. To be certified [Sec. 72. The town clerk, upon delivery to him of *o. such statement, shall give a certificate to the Treasurer of the amount of taxes so remaining unpaid, as the same shall appear from the statement of such Treasu- rer; which certificate shall be deposited by the Treas- urer with the district clerk, and shall be filed by such clerk. Unpaid taxes, [Sec. 73. Such town clcrk shall, on making out the how collected (duplicate assessment roll of the town next thereafterj, enter such unpaid taxes in a separate column therein, opposite to the description of the land upon which the taxes so remain unpaid, and such taxes shall be collected in the same manner as town and county taxes are collect- ed; and when so collected shall be paid over to the Town Superintendent of such town, who shall pay the same to the Treasurer of the district in which such taxes were originally assessed. In case of [Sec. 74. The warrant issued b7 the clerk of any joint districts, school district for the collection of any district tax au- thorized to be raised and collected by any of the pro- visions of this chapter, may be executed in any other district or town in the same county, or in any other " See Forms 34 and 35. LAWS RELATING TO COMMON SCHOOLS. 29 county in which any part of such district is situate, when the district is composed of parts of two or more adjoin- ing counties, and such warrant shall have the like force and effect as a warrant issued by a town clerk for the collection of town and county taxes; and the Treasurer of the district to whom any such warrant may be deliv- ered for the collection of a tax -list, shall possess the like powers in the execution of the same as are conferred by law upon the Treasurers of towns in the collection of town and county taxes. [Sec. 75. Whenever any error shall be discovered in Errors in tax any district tax list, and made to appear to the District I'st, how cor- Board, they may order any moneys which may have been ^"*^° ^ ' improperly collected on such tax list, to be refunded, and may authorize and empower the clerk to amend and cor- rect such error in said tax list. [Sec. 76. Whenever the clerk of any district shall Warrant, how deem it necessary, he may renew the warrant annexed to renewed, any tax list, in his district, for thirty days, but he shall have power to renew such warrant but once without the consent of the Superintendent of the town in which the school house of such district shall be located, which con- sent shall be endorsed on such warrant. [Sec. 11. When any district tax shall be lawfully as- EigMs of ten- sessed and paid by any person on account of any real^^^*' property Avhereof he is only a tenant at will or for any period not exceeding three years, such tenant may charge and collect of the owner of such real estate the amount of the tax so paid by him, unless some agree- ment to the contrary shall have been made by such tenant.] DISTRICT BOARD. Sec. 37. The Director, Treasurer and Clerk, shall con- District board stitute the District Board. 1^°^ constitut- Sec. 38. They shall purchase or lease such a site for pQ^^gj,gjj^jj^ a school house as shall have been designated by the dis- duties, trict, in the corporate name thereof, and shall build, hire, or purchase such school house out of the funds provided for that purpose, and make sale of any school house, site ■or other property belonging to the district, and if neces- sary, execute a conveyance of the same in their name of ■office, Avhen lawfully directed by the qualified voters of such district at any annual or special meeting.* Sec. '69. The- said Board shall have the care and keep- Ibid, ing of the school house and other property belonging to * See Forms Nos. 22 and 23. go LAAYS RELATIXG TO COMMON SCHOOLS. the district, except so far as the same shall be especially confided to the care of the clerk, including all books pur- chased by the district for the use of any children. In case of va- Sec. 40. The said Board shall have power to fill, by cancy. appointment, any vacancy that shall occur in their ovrn number, within ten days after such vacancy shall occur; and if such vacancy shall not be filled within ten days, as aforesaid, by said Board, it shall be the duty of the Town Superintendent to fill such vacancy by appoint- ment.* Sec. 41. The District Board may purchase, at the ex- pense of the district, Avhen families or guardians may not be able to furnish the same, such school books as in their judgment may be necessary for the use of any children attending school in their district, and they may include the amount of such purchase in any tax to be collected in such district. To purchase books. Board to se- lect books. What to be taught in dis' trict schools. Town Super- intendent to give bonds. AVHAT SHALL BE TAUGHT IN SCHOOLS. Sec. 42. The Board in each school district shall have power, under the advice of the Superintentent of Public Instruction, to determine what school and text books shall be used in the several branches taught in the school of such district. Sec. 43. In every district school there shall be taught, in the English language, orthography, reading, Avriting, English grammar, geography and arithmetic, during the time such school shall be kept, and such other branches of education as may be determined upon by the Board. TOWN superintendent AND HIS POWERS AND DUTIES. Sec. 44. It shall be the duty of the Town Superin- tendent of Common Schools, within ten days after he shall have been notified of his election or appointment, to execute to the Chairman of Supervisors of his town, and file Avith the town clerk, a bond with one or more sufficient sureties, to be approved by the said Chairman of Supervisors, by indorsement over his signature on said bond, Avith a penalty, as near as can be ascertained, of double the amount of all the school moneys to come into his hands during the term of his office, and condi- tioned for the faithful application and legal disbursement of all such school moneys according to law, and for the faithful discharge of all the duties of his office; and in case such bond shall not be executed, approved and filed •"See Form No. 24. LAAVS RELATING TO COMMON SCHOOLS. 31 within the time prescribed in this section, the office of such Town Superintendent shall be deemed vacant.* Sec. 45. It shall be the duty of the Town Superin- His duties, tendent in each town — 1st. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter provided. 2d. To describe and number the school districts, and to deliver the description thereof and numbers in writ- ing, to the town and district clerks, immediately after the formation or alteration thereof. 3d. To apply for and receive from the County Treas- urer, all moneys apportioned for the use of Common Schools in his town, and from the Treasurer of the town, all the moneys raised therein lor the same pur- pose. 4tb. To apportion the school moneys received from the Town and County Treasurers, on the third Monday in March in each year, or as soon thereafter as he shall receive the same, to the several districts and parts of districts within the town, in proportion to the number of children residing in each, over the age of four and under the age of twenty years, as the same shall have appeared from the last annual reports of tbeir respective clerks, excepting such moneys as towns may raise for school purposes by a special tax, in addition to the tax imposed by the County Boards in pursuance of section 53, chap- ter 18, Revised Statutes, and all such moneys raised in addition to the amount required by law shall bo appor- tioned among the several districts and parts of districts in each town, according to the assessed valuation of each district, as it shall appear from the last equalized assess- ment roll of the town; Provided ahvai/s, that a majority of the legal voters at any annual town meeting voting such tax, shall not by vote decide to the contrary. 5th. To see that the annual reports of the clerks of the several school districts in his toAvn, are made correctly and in due time. 6th. To sue for and collect in his name of office, all penalties and forfeitures imposed in this chapter, which shall be incurred by any officer or inhabitant of his town, and in respect to which no other provision is made. Sec. 46. It shall be the duty of the Town Superin- To report. tendent, between the fifteenth and twenty-fifth days of "See Form No. 32. 82 ' LAWS RELATING TO COMMON SCHOOLS. September in each year, to make and transmit to the clerk of the Board ot' Supervisors of the county, a report in writing, bearing date on the fifteenth day of Septem- ber, in the year of its transmission, stating — * 1st. The whole number of school districts separately set off within the town; 2d. The districts and parts of districts from which reports shall have been made to him or his immediate predecessor m office, within the time limited for that purpose; 3d. The length of time a school shall have been taught in each of such districts or parts of districts, distinguish- ing what portion of that time the school has been taught by qualified teachers; 4th. The amount of public moneys received in each of such districts and parts of districts; 5th. The number of children taught in each, and the number of children over the age of four and under the age of twenty years, residing in each; 6th. The whole amount of moneys received by him from his predecessor in office, since the date of the last preceding report, distinguishing the amount received from the County Treasurer, from the amount received from the Town Treasurer, and from other sources, if any; 7th. The manner in which such moneys have been ex- pended, and whether any and what part remains unex- pended, and for what cause. 8th. The amount of money raised in the districts and paid for teachers' wages, in addition to the public money paid therefor; the amount of taxes raised for purchasing school house sites, for building, hiring, purchasing, re- pairing and insuring school houses ; for fuel, for district libraries, or for any other purpose allowed by law, in the districts or parts of districts from which reports have been received by him, or his predecessor, since the date of the last preceding report, with such other informa- tion as the State Superintendent may from time to time require. ScTiool monies Sec. 47. No moneys shall be apportioned to any dis- conditions of Iy\q\, or part of a district, unless it shall appear, by the menT" ^°'^' report thereof, that a school has been taught therein, for at least three months during the year ending at the date of such report, by a qualified teacher, and that all school moneys received during that year from the *See Form No. 25. LAWS RELATING TO COMMON SCHOOLS. 33 School Fund have been applied to the payment of the •wages of such teachei^ ; and no portion of the library- money shall be apportioned to any district or part of a district, unless it shall appear from the last annual re- port thereof, that the library money received at the last preceding apportionment was duly expended according to law, before the first day of July subsequent to such apportionment, and that such district has complied with the regulations established by the State Superintendent in relation to district libraries.* Sec, 48. The Town Superintendent, in each town. To keep ac- •shall keep a iust and true account of all school moneys ^°^j^* ^„:!!!fj -I { ^. .. ^ y nies received received and expended by him during each year tor and expended which he shall have been chosen, and shall lay the same before the Board of Auditors of Town Accounts, at the annual meeting of such Board in each year. Sec. 49. The Town Superintendent of Schools in To render ac- eacli town, shall, within ten days after the termination count to his f* 1 * cY* 111* • fY* ' L 1 successor. 01 his omce, render to his successor m omce a just and true account, in writing, of all school moneys received by him during the preceding year, and of the manner in which the same shall have been appropriated and ex- pended by him ; and the account so rendered shall be delivered by such successor in ofEce to the Town Clerk, to be filed and recorded in his office. Sec. 50. On rendering such account, if any balance To pay bal- shall be found remaining in the hands of such Town ^^'^^ ^'^ ^^^ Superintendent, the same shall be immediately paid by him to his successor in ofiice. Sec. 51. Such successor in office shall bring an action Successor to upon the official bond of any previous Town Superinten- ""^g suit, dent, for the recovery, with interest, of any unpaid balance of school moneys that shall appear to have been in his hands on leaving his office, either by the accounts rendered by such Town Superintendent, or by other sufficient nroof. Sec. 52, The Town Superintendent in each town Corporate shall have the powers and privileges of a corporation, powers, so far as to enable him to take and hold any property transferred to him for the use of Common Schools in such town. Sec. 53. [Repealed, 1859,] Repealed. Sec. 54. if, after the time when the annual reports of Apportion- the school districts are required to be dated, and before ™f \"iyig"on*^^ the apportionment of school moneys shall be made, a * Sec the New Library Law, published after'this chapter, 5 u LAWS RELATING TO COMMON SCUOOLS. district shall be duly altered, or a new district shall be formed in the town, so as to render an apportionment, founded on such annual reports, unjust as between two or more districts of the town, the Town Superintendent shall make an apportionment to such districts, according to the number of children in each over the age of four, and under the age of twenty years, ascertaining that number by the best evidence in his power. When monies Sec. 55. All moneys apportioned by the Town Su- to l>e added to ppj.jjjj;gj^(j(.j^^^ ^-q j^j^-y district or part of a district, which tionment. ' shall have remained in the hands of said Town Super- intendent for one year after such apportionment, by rea- son of such district or part of district neglecting or re- fusing to receive the same, shall be added to the moneys next thereafter to be apportioned by such To"vvn Super- intendent to the several districts and parts of districts in such town, and apportioned therewith. INSPECTION AND SUPERVISION BY TOWN SUPERINTEN- DENT. Sec. 56, It shall be the duty of the Town Superin- tendent to examine annually all persons offering them- selves as candidates for teachers of Common Schools in his town, in regard to moral character, learning, and ability to feach school ; and he shall deliver to each person examined and found qualified, a certificate, signed by him, in such form as shall be prescribed by the State Superintendent ; which certificate shall be in force for one year from the date thereof, unless an- nulled within that time, and no person shall be deemed a qualified teacher within the meaning of this chapter who has not such a certificate in force. A certificate granted by any Town Superintendent, as provided in this section, shall not be deemed a legal qualification of a teacher, within the meaning of this chapter, in joint school districts, except in cases where the school house is situated in the town for which the Superintendent granting the certificate was chosen."* x\ny person feeling aggrieved by the refusal of any Town Superintendent to grant him or her a certificate according to the provisions of this section, may appeal to the State Superin- tendent, who is hereby authorized to re-examine said applicant ; and if, upon such re-examination, the State Superintendent shall be satisfied that the applicant is qualified to teach a Common School according to the provisions of this section, he shall grant the applicant a Examination of teachers. Certificate. How granted in joint dis- trict. State Super- intendent may grant on appeal. * See Form No. 26. LAWS RELATING TO COMMON SCHOOLS. 35 certificate to that effect, -vvliicli shall give to the holder all the privileges and powers conferred by a certificate granted bj a Town Superintendent for the term of one jear. Any Town Superintendent shall, on application Town Super- to the Town Superintendent of any adjoining town, |)e^^*^?'^'^"*™?y examined m regard to moral character, learning and abil- cate. ity to teach school, and if found qualified shall receive a certificate from said examining superintendent, qualify- ing him to teach in the town where he, the applicant, resides; also the town where the examining superintend- ent resides, for one year, unless annulled within that time, according to the provisions of said chapter 23 for annull- ing the certificates of teachers. Sec. 57. The Town Superintendent may annul any May annul such certificate, given by him or his predecessor in office, certificate. when he shall think proper, giving at least ten days pre- vious notice in writing to the teacher holding it, and to the District Board of the district in which he may be employed, of his intention to annul the sam.e. Sec. 58. The annulling of a certificate shall not dis- Note to "fcc qualify the teacher to whom it was given, until a note "^^^° ^^ ^^ containing the name of the teacher, and the time when the certificate was annulled, shall be made by the Town Superintendent, and filed in the office of the Town Clerk.* Sec. 59. The Town Superintendent, whenever he shall Re-esamina- deem it necessary, may require a re-examination of all or tion may be any of the teachers in his town, for the purpose of ascer- '®^"®- taining their qualifications to continue as such teachers. Sec. 60. It shall be the duty of the Town Superin- To visit tendent to visit all such Common Schools. schools. Sec. 61. At such visitation, the Town Superintendent puties as vis- shall examine into the state and condition of such schools, ^*°^'' both as respects the progress of the scholars in learning, and the good order of the schools, and may give his ad- vice and direction to the Boards of Directors and the teachers of such schools, as to the government thereof, and the course of studies to be pursued therein. OF FORMATION AND ALTERATION OF SCHOOL DISTRICTS. Sec. 62. Whenever the Town Superintendent shall Notice for al- contemplate an alteration of the boundaries of a school *'^^^^j°^ of district, he shall give at least five days notice in writing "°** to the clerk of the district or districts to be affected there- by, stating in such notice the time and place when and where he will be present to hear and decide upon such proposed alteration; and it shall be the duty of such clerk *See FonnNo. 27. 36 LAWS PwELATING TO COMMOX SCHOOLS. or clerks immediate] j to notify the other members of the Board. In hearing and deciding upon the alteration of a school district, the District Board of the district or dis- tricts to be afiected by such alteration may apply to the Chairman of the Town Board of Supervisois and Town Clerk, to be associated with the Town Superintendent, and a majority of the Board so constituted, shall be ne- . . g , cessary to make any change in the boundaries of a school unlessapjjeal-^^'strict, and 'heir action shall be final unless duly ap- ed from, pealed from.* Notice of al- Sec. 63. In all cases where an alteration of the bound- teratiou. Q,Yies of a school district shall be made, the Town Su- perintendent shall, within three days thereafter, give notice thereof, by filing a copy of the order so altering the same with the clerk of the district or districts affect- ed by such alteration; and no alteration of any school district, made without the consent of a majority of the District Board indorsed on such order, shall take effect until three months after notice given as above specified, nor shall any alteration of an organized school district When to take be made to take effect between the first day of Decem- eflfect. ber in any one year, and the first day of April, fol- lowing.f Property to Seu. t)4. When a new district is formed, in whole or be divided. j^ part, from one or more districts possessed of a school house, or entitled to other property, the Town Superin- tendent, at the time of forming such new district, shall ascertain and determine the proportion of the value of the school house and other property justly due to such new district. J Division, Low Sec. 65. Such proportion shall be ascertained and de- made, termined according to the value of the taxable property of the respective pa: ts of such former district at the time of the division, by the best evidence in the power of the Town Superintendent; and such amount ol any debt due from the Jbrmer district, which would have been a charge upon the new, had it ron)ained in the former district, shall be deducted from such proportion. Proportion to Sec. 66. Such proportion, when asce-taincd, shall be collected an7 '■''''''^'^ '"''l'' co^^cted by tax upon the taxable property of applied. the district, retaining the school house or other property of the former district, in the same manner as other dis- trict taxes are collected, and when collected, shall be paid to the Treasurer of the new district, to be applied towards *Sec Form No. 2S. fSeo Forms Nos. 29 and 31. J See FormA'o. So. LAWS RELATING TO COMMON SCHOOLS. 37 procuring a scliool house for such district; and the money SO paid to the new district shall be allo\Yed to the credit of the taxable property taken from the former district, in reduction of any tax that may be imposed on said taxable property, in the new district, for the building of a school house. Sec. 67. Whenever it shall be necessary to form a Proceedings district from two or more adjoining towns, the Superin- Y'^°'} di?trict tendents of such adjoining towns shall meet together and jJj^c^tQ^.'jjg^^^^'^" form such district and deliver the notice of such forma- tion to a taxable inhabitant of such district, whose duty it shall be to serve such notice, as provided in the sec- ond section of this chapter, and the clerk of the district so formed shall make such report to the Superintendent of each such adjoining town, of such part of said district as may be situate in such town, as is prescribed in the thirteenth section of this chapter; and any district so formed, may be altered or regulated b}^ the Superin- tendents of such adjoining towns, as may be deemed necessary.* WHEN APPEAL MAY BE TAKEN. Sec. 6S. Any person conceiving himself aggrieved in Appeal may- consequence of any decision made by any school district ^^ taken in meeting, or by the Town Superintendent, in forming or ^<^'"*^^^ '^^^*^^- altering, or refusing to form or alter any school district, or concerning any other matter under the provisions of this chapter, may appeal to the State Superintendent, who is hereby authorized and required to examine ;ind decide the same; and such decision shall be final and conclusive; Provided, however^ that the decision appealed Proviso. from shall be operative until the State Superintendent shall reverse or change the same. VALUATION AND EQUALIZATION OF PROPERTY. _ Sec. 69. All taxes raised and collected in any school Taxes, on district for any of the purposes authorized by the pro vis- what property ions of this chapter, except when otherwise provided, ^^^°^'^'^'^- shall be assessed on the same kind of property as taxes for town and county purposes are assessed. Sec. 70. Whenever any real estate in any school dis- Assessiae-nts trict shall not have been separately valued in the assess- liow made, ment roll of the town, and the valuation of such real estate cannot be definitely ascertained from such assess- ment roll, the town clerk shall estimate the value of the same, in proportion to the valuation affixed in said as- * See Forms Nos. 2 and 3. 38 LAWS llELATING TO COMMON SCHOOLS. sessment roll to the whole tract of which such lot or piece of land forms a part. Equalization. Sec. 71. Whenever a school district embraces a part of more than one town, the Town Superintendents of the towns so in part embraced, upon application of anj three persons liable to pay taxes in such district, shall proceed to inquire and determine whether the valuation of taxa- ble property in the assessment rolls of such towns are just as compared with each other in respect to such dis- trict, and if considered not to be so, they shall determine the relative proportion of taxes to be assessed upon real estate of the parts of such district so lying in different towns, and shall certify the same to the town clerk of each town, and if received by him previous to making out the assessment roll for that year, he shall assess the school district tax according to such equalized valuation. In cases where the Superintendents cannot agree as to such valuation, they shall summon a Superintendent from an adjoining town, who shall unite in such inquiry and determination. DUTY OF TOWN CLERKS. Towncleikto Sec. 72, It shall be the duty of the Town Clerk to keep reports, receive and keep all reports made to the Town Superin- "' ■ tendent, from clerks of school districts, and all books, maps and papers belonging to the Town Superintendent when required, and file them in his office; and he shall record, in a book kept for that purpose, such description of school districts, and organization or alteration thereof as shall be transmitted to his office by the Town Super- intendent. DUTIES OF CLERK OF THE COUNTY BOARD OF SUPERVISORS. Duties of clerk Sbc. 73. It shall be the duty of the clerk of the of eo. board. County Board' of Supervisors in each county to receive all documents transmitted to him by the Town Superin- tendents of the several towns in his county, and all com- munications directed to him by the Sta,te Superintendent, and keep the same in his office, or dispose of the same as directed by the State Superintendent. To report to Sec. 74. The Said clerk shall, on or before the tenth state superin- day of October in each year, make and transmit to the tendent. State Superintendent, a report in writing, setting forth the whole number of towns in his county, distinguishing those from which the required reports have been made to him by the Town Superintendents, and containing an abstract of their reports.* *See Form No. 33. LAWS RELATING- TO COMMON SCHOOLS. CV Sec. 75. He shall also within the time mentioned in To maWrit- the preceding section, make and deliver to the County ^^ ^jQ^^j.(jj^g^j,. Treasurer, a written statement of the whole number of er. children in each tpwn in the county over the age of four, and under the age of twenty years, as shown by the Town Superintendents' reports, and the Board of Super- visors of each county shall allow to the clerk thereof such compensation as thev may deem reasonable, for the services required of him by the provisions of this ■chapter. LIBRARIES AND LIBRARY FUND. Sec. 76. [Each Town Superintendent may, in his dis- Tpn por cent, cretion, set apart a sura not exceeding ten per cent, of ney^tet^ apart the gross amount of the school money apportioned to any for Ubraries. school district which shall be applied by such districts to the purchase of school district libraries, which shall be the property of such districts; and any resident of aTiyj^omay use ■school district, and the parents and guardians of all the books, children therein, between the ages of four and twenty years, shall be permitted to use books from the school •district library of said district without charge, being responsible to the district for the safe return thereof, and for any injury done thereto, according to such rules and regulations as may be established by the State Superin- tendent; Provided, Jiowever, that for the city of Milwau- kee ten per cent, only on the amount of money received from the State shall be apportioned for library purposes as prescribed herein; Provided, tlmt y^lien the District Proviso. Board or School Commissioners, shall so determine, a One half of portion of the library money, not exceeding one-half the ^^'^''^^y '^''^^y amount so appropriated, may be applied to the teaching ^ff^ teachm^^' ■of music in such schools.*] of music. Sec. 77. The taxable inhabitants of each school dis- District may trict shall have power, when lawfully assembled at any y.?*^ *''^^ ^°^ annual district meetins;, to vote a tax on the district not exceeding thirty dollars in any one year, for a district library, consisting of such books as they may direct their District Board, or any other person, at such dis- trict meeting, to purchase; and such further sum as they may deem necessary for the purchase of a book case. Sec. 78. The clerk of the district, or such other per- Librarian, son as the taxable inhabitants may at any legal meeting ^^^ appomt- appoint by a majority of votes, shall be the Librarian of * This:section is repealed. See tlie new Library Law published iinunediately after this chapter. 40 LAWS RELATING TO COMMON SCHOOLS. Fines and pe ualties. Joint libra- ries. the district, luiJ sliail have the care *aiul custody of the district library. Sec. 79. Every school district library, and the appur- tenances thereunto belonging, shall be deemed to be vested in the District Board of the district, so as to en- able them to maintain any action for the same, or for the' value thereof, or for the recovery of any fine or penalty for damage done to any book or books, or neglect to re- turn, or loss of the same; and all such fines and penalties incurred in consequence of a violation of any regulation lawfully established in respect to district libraries, shall be sued for and collected in the name of such District Board, and when so collected, shall be applied for the benefit of such district library. Sec. 80. The legal voters in any two or more adjoin- ing districts, may, in such cases as may be approved by the Town Superintendent, unite their libraries, and also their library moneys, as they shall be collected or receiv- ed, and purchase a joint library for such districts, whicb shall be selected by the District Boards thereof, or by such persons as they shall designate, and shall be under the charge of a Librarian to be appointed by the District Boards of such districts, and the provisions of this chap- ter shall be applicable to such joint libraries, except that the property in them, and their appurtenances, shall be deemed vested in all the District Boards, for the time being, of the districts so united; and in case any such district shall desire to divide such library, such division shall be made by the Directors of the districts whose libraries are so united, and in case they cannot agree, then such division shall be made by the Town Superin- tendent. OE SUITS AND JUDGMENTS AGAINST SCHOOL DISTRICTS. Sec. 81. Justices of the Peace shall have jurisdiction in all cases, in which a school district is a party inter- ested, when the amount claimed by the plaintiif shall not exceed one hundred dollars, and the party shall have the same right of appeal as in other cases; and when an ac- tion shall be brought against any school district, it shall be commenced by summons, a copy of which shall be left with the Director of such district. Execution not Sec. 82. No execution shall issue on any judgment to issue. against a school district, nor shall any action be brought thereon; but the same shall be collected in the manner prescribed in this chapter. Sec. S3. Whenever any final judgment shall be ob- Librarian to be appointed How library to be divided- •Jurisdiction, •when school district is in- terested. LAWS RELATING TO COMMON SCHOOLS. 41 tained against any school district, if the same shall not Judgment to be removed to any other court, the Director of such '^ '^^'^^^ ^ ' district shall certify to the town clerk of the town, the date and amount of such judgment, with the name of the party in whose favor the same was rendered; and if such judgment shall be removed to another court, the Director shall certify the same as aforesaid, imme- diately after the final determination thereof against the district. Sec. 84. If the director shall fail to certify such who may cer- judgment, as required in the preceding section, it shall tify judgment be lawful for the party obtaining the same, his agent or legal representatives, to file with the Town Clerk of the town the certificate of the Justice or Clerk of the court rendering the judgment, showing the facts which should have been certified by such Director. ;^ Sec. 85. If the district against Avhich any such judg-How certified ment shall be rendei-ed, is situate in parts of two or more iu joint dis- towns, a certificate thereof shall be delivered as afore- *^^'^^''^- said to the Town Clerk of each town in which such dis- trict is in part situated. Sec. 86. The Town Clerk receiving either of the car- To be assess- tificates of judgment as aforesaid, shall proceed to assessed on proper- the amount thereof, with interest from the date of such*^ ^" district, judgment to the time when the warrant for the collection thereof will expire, upon the taxable property of said district, placing the same on the next town assessment roll in a separate column, and the same proceedings shall be had thereon, and the same shall be collected and returned in the same manner as other town taxes, nnd shall be paid to the party entitled thereto. If such dis- trict is situated in two or more towns, the Clerk of each town shall, on demand of any person interested, furnish for the Clerk of every other town in which any part of the district is situated, a certificate showing the total amount of the valuations of taxable property in that part of the district situate in his town, according to the last assessment roll of said town, and the amount of the judgment shall be assessed upon the respective parts of How assessed the district within the several toAvns in proportion to in joint dis- such valuation. In all cases when, for any reason, the ^'^i*^*^^- Clerk of any town has heretofore failed, or shall hereaf- ter fail, to assess the amount of any such judgment, or the proper proportion thereof, in the next assessment roll after the rendition of the judgment, it shall be his duty to assess the same in any subsequent assessment roll within two years thereafter, upon the taxable prop- 6 42 LAWS RELATING TO COMMON SCnOOLS. Penalty for neglect to serve notice, &c. Penalty for failure to serve as dis- trict oiEcers. Town super- intendent, penalty for failure to re- port to clerk of board. Penalty for ■disobeying order of state superintend- ent. Penalty on clerk of board for failure to make repoi't to state super- intendent. Penalties how applied. erty within the district, or part of a district, situate within his town, according to its limits at the time of making the assessment. PENALTIES AND LIAI5ILITIES. Sec. 87. Every taxable inhabitant, receiving the no- tice mentioned in the first and second sections of this chapter, who shall neglect or refuse duly to serve and return said notice, and every Chairman of the first dis- trict meeting in any district, who shall wilfully neglect or refuse to perform the duties enjoined on him in this chapter, shall respectively forfeit the sum of five dollars. Sec. 88. Every person duly elected to the oflSce of Director, Treasurer or Clerk of any school district, who shall neglect or refuse without sufiicient cause, to accept of such office, and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by the provisions of this chapter, shall forfeit the sum of ten dollars. Sec. 89. Every Town Superintendent who shall neg- lect or refuse to make and deliver to the Clerk of the County Board of Supervisors his annual report, as re- quired in this chapter, within the time limited therefor, shall be liable to pay the full amount of money lost by such neglect or refusal, with interest thereon, to be re- covered by the Town Treasurer in the name of the town; and every Town Superintendent and Town Clerk, who shall neglect or refuse to carry into efi'ect any decision or order of the State Superintendent, shall be liable to removal by the Town Board of Supervisors, upon proper notice thereof, and the said Board shall have full power to fill any such vacancy, in such manner as vacancies in other town offices are filled, except that they shall not have power to re-appoint the person or persons so re- moved. Sec. 90. Every Clerk of the County Board of Super- visors, who shall neglect or refuse to make the report required in this chapter to be made by him to the State Superintendent within the time therefor limited, shall be liable to pay to each town the full amount which such town, or any school district therein, shall lose by such neglect or refusal, with interest thereon, to be recovered in the manner specified in the preceding section. Sec. 91. All moneys collected or received by any Town Treasurer, under the provisions of either of the last two preceding sections, shall be apportioned and distributed to the school districts entitled thereto, in the LAWS RELATING TO COMMON SCHOOLS. 48 same manner and in the same proportion that the moneys lost by any neglect or refusal therein mentioned would, according to the provisions of this chapter, have been apportioned and distributed. Sec. 92. Every Clerk of a district who shall willfully Penalty on sign a false report to the Town Superintendent of his ^^.j^^^. ^^^ ^^^_ toVn, with intent of causing such Town Superintendent ing false re- to apportion to his district a larger sum than its just port. proportion of school moneys of the town, shall be deemed guilty of a misdemeanor, and punished by fine not ex- ceeding one hundred dollars, or by imprisonment not ex- ceeding six months. Sec^ 93. Every school district Clerk who shall neg- Also for not iect or refuse to rleliver to his successor in office, all re- J^J^^j^g^^JI ^ cords, books and papers appertaining to such office, shall i^ig successor. be subject to a fine not exceeding fifty dollars. \_Ohapter cxxxviii, Cfeneral Laws 1868. Sec. 13. It shall be the duty of the Town Superin- Penajty ibr tendent of schools in each town, to prosecute any dis- monL^iUeo'al- trict Treasurer of his town, whenever such Treasurer ly, by district shall use or pay out any moneys in his hands belonging treasurer, to his district, without authority of law. In case such Superintendent shall neglect or refuse to prosecute such district Treasurer, he shall be liable to a penalty of fifty dollars, to be recovered by the Town Treasurer of his town, on the official bond of said Superintendent.] miscellaneous pkoyisions. Sec. 94. It shall be competent for any legally organ- Town super- ized school district in this State, to commence action on ^t^^jj^^^ ^^ 'l^^, the official bond of the Town Superintendent of Common sued. Schools of the town in which such district is situated, for the recovery of any moneys lawfully due and belong- ing to such district, in all cases where such Town Su- perintendent shall neglect or refuse, for the space of ten days from the time by law fixed therefor, to apportion and pay over to the proper officer of such district, the school moneys aforesaid. Sec. 95. It shall also be competent for such school For default, district, or the Town Superintendent of Schools, in case county^treaa- of default of the Town Treasurer or County Treasurer urer may be to pay over to the Town Superintendent of the town in sued. which such district is situated, the school moneys which by law should be paid over to such Superintendent, to commence action on the official bond of such Town or County Treasurer, for the recovery of such moneys. 44 LAWS RELATING TO COMMON SCHOOLS. How to com- Sec. 96. Eor the purpose of this chapter, the said mence suit, gchool district, or the said Superintendent, shall have full power and right to commence action in the name of the persons or officers to whom any bond as aforesaid shall be given, and to control and prosecute such action without hindrance from the nominal plaintiffs to such action provided that such district or town, as the case may be, shall be justly responsible for any costs that may be finally adjudged against the plaintiff. Certified copy Sec. 97. In the prosecution of actions under this of bond suffi- g|-^jj^p|.gj.^ jj copy of the official bond sued upon, duly cer- dence. tified by the officer in whose custody such bond is placed by law, shall be deemed sufficient for all purposes of proof required in law, in said actions. And any actions under this chapter, in which the sum claimed to be justly due shall not exceed the sura of one hundred dollars, may be commenced and prosecuted before any Justice of the Peace in the same manner as other cases. Maps of all Sec. 98. It shall be the duty of the Town Superin- madT*^ *° ^^ tendent of each town, to make a map of all the school districts [and parts of districts] in his town, specifying the sections, parts of sections or other subdivisions therein embraced, and file the same with the Town Clerk on or before the first Monday of September next; and also a map of each district, in like manner, and file the same with the Clerk of such district within the time above specified. And whenever thereafter any alteration shall be made in the boundaries of any school district, the Town Superintendent shall cause such alteration to be marked on the map and filed with the Town Clerk, and on the map of the district or districts affected by such alteration. In case of the formation of a new dis- trict, he shall furnish the Clerk of such new district with a map thereof, and cause the same to be marked out on the map filed in the Town Clerk's office. Duty of state Sec. 99. Whenever, hereafter, any amendment shall superintend- be made to the provisions of this chapter, it shall be the *° ' duty of the State Superintendent to furnish a copy of such amendment to every school district in the State. OF BORROWINi; MONEY BY SCHOOL DISTRICTS. Districts may Sec. 100. Whenever any school district within this J»o"'o^^'«o^°y State, shall desire to make a loan of money to aid in the school houses erection of a school house or houses, the question of a &c. ' loan shall first be submitted to the legal vjoters authorized to vote at an annual school meeting, the vote to be taken by ballot; those voting in favor of the loan shall have LAWS RELATING TO COMMON SCHOOLS. 45 written or printed, or partly written and partly printed on their tickets '■^ For the Loan;'' and those voting against the loan shall have written or printed, or partly written and partly printed, on their tickets " Against the Loan.'' And provided a majority of all the legal voters resident in the district shall vote in favor of the loan, then the Board of Directors of any such school district, the Trustees of any village, the Common Coun- cil of any city, or the Boards of Education for such vil- lao-e or city within the bounds of which any such school district is located, shall have power and authority to bor- row money to aid in the erection of a school house or school houses under the restrictions hereinafter men- tioned. Sec. 101. The money loaned in pursuance of the pro- Conditions of visions of the preceding section, shall not be borrowed ^°^°^- for a longer period than five years, and shall draw such rate of interest as may be agreed upon by the parties, but in no case exceeding a greater rate than twelve per cent, per annum; and the said Board of Directors, Trustees, Common Council, or Board of Education is hereby authorized to give notes, bonds, or execute a mortgage* upon any of the property, real or personal, belonging to the district making the loan, to secure the payment of the principal and the interest on the sum so borrowed; and the sum so borrowed shall in no case ex- ceed ten per cent, on the valuation of the real estate contained in the district for the benefit of which the loan is made, according to the valuation contained in the last assessment roll or rolls of the town or towns, village or city, in which any such school district may be situated. WISCONSIN JOURNAL OF EDUCATION — HOW SUBSCRIBED FOR AND DISTRIBUTED. Sec 102. The State Superintendent of Public In- Journal of Ed- struction from year to year, so long as he shall deem ex- "f.^*J°'^ ^^^7 pedient, is hereby authorized to subscribe for so many district, copies of the Wisconsin Journal of Education, pub- lished by the State Teachers' Association, at the price of sixty -five cents per year, as shall be sufficient to sup- ply one copy to each organized school district in the State, and one copy to each Town Superintendent of schools in the State; Provided, The State Superintend- Pro'^iso. ent be allowed to publish, free of expense to the State, any and all matters of an educational character that he may wish to publish from month to month in the columns *See Forms Nos. 36 and 37. 46 LAWS RELATING TO COMMON SCHOOLS. How sent, and to whom. How paid for . Amount to be deducted from apportion- ment. Amount to be reported to state treasur- er. of said Journal. The said periodical shall be sent by the publishers, postage pre-paid, to the Clerk of each school district in the State, and to each Town Superin- tendent in the State. It shall be the dutj of each Dis- trict Clerk to cause each volume to be bound at the ex- pense of the district, and to be kept in the library of such district, subject to the general library regulations. Sec. 103. A sum suiEcient to pay for the number of copies of said Journal, so subscribed for, is hereby an- nually appropriated out of the income of the School Fund, and the same shall remain in the State Treasury subject to the draft of the State Superintendent of Pub- lic Instruction, to be drawn quarterly, and paid over to the publisher of said Journal. Sec. 104. In making the annual apportionment of the School Fund among the several towns and cities of this State, it shall be the duty of the State Superintendent to deduct from the whole amount otherwise subject to apportionment such sum as may be necessary to pay for the said Journal at the price above named. Sec. 105. In certifying to the State Treasurer the apportionment of the income of the School Fund annual- ly, the State Superintendent shall state in such certificate the aggregate amount deducted according to the provis- ions of this chapter. CHAPTER 13S.-aENERAL LAWS. [^Published June 1, 1858.] Of Union High School districts. OF UNION SCHOOLS. [The first eleven sections of this act were amendatory to the law of 1854, which amendments have been in their proper sections, incorporated in chapter 23 of the Re- vised Statutes, as herewith given, for which reason, the first eleven sections of the act above referred to, arc not here re-published.] Sec. 12. Whenever two-thirds of the legal voters of any two or more adjoining school districts shall at an annual meeting, by vote, determine to form a Union District for High School purposes, it shall be the duty of the Clerks of the districts so voting to furnish the Town Superintendent a certified copy of the minutes of said meeting, together with the names oi those voting for and LAWS RELATING TO COMMON SCHOOLS. 4.7 against said proposition. Upon receiving such notice it shall be the duty of the Town Superintendent to deter- mine and establish the boundaries of said Union District, and file a copy of such order with the Town Clerk, He may also, upon application, include persons and lands in adjoining districts in said Union District, according to his discretion.* 2. The control of such Union District shall be vested jjoard. in a Board, consisting of Director, Treasurer and Clerk, who shall be elected in the same manner and hold their offices the same as officers of the District Boards, subject to the same rules and penalties: Provided, That the Town Superintendent shall have power to appoint the first Board of such Union District. 3. The expenses of said Union School District incur- Taxes ho-nr red in purchasing or leasing school houses or sites, in levied and building or repairing school houses, out-houses, fences, °°^^'^^'^<^- &c., in hiring teachers, and in establishing and carrying on said High School, shall be defrayed by a tax upon the real and personal property of said Union District, to be call the Union High School tax. Said tax shall be voted by said Union District, at its annual or special meetings, and shall be levied and collected in the manner hereinbe- fore provided for the assessment and collection of dis- trict taxes. No fee for tuition shall be charged or col- lected: Provided, ho-^QYer^ That such tuition fee may Tuition fee. be charged and collected from scholars not residing in the Union District, which fee or fees shall go into the general fund of said Union District. 4. The Board of said Union District, together with Board of es- the Town Superintendent, shall constitute a Board to amination. determine the standard of qualification necessary for admission, the branches to be taught, and the books and apparatus to be used in said High School; and shall also examine all candidates for teaching in such High School, and award certificates to those deemed competent. 5. The annual meeting of the Union School districts Annual meet- shall be held on the Wednesday after the last Monday in ins- September in each year, and such meeting shall have power to transact all business as prescribed in section 11 of the act of which this act is amendatory. 6. Special meetings may be held as provided in sec- tion 12 of said act. 7. When it is proposed to form Union Districts of Union dis- territory lying in two or more adjoining towns, then the ^/icts ho-w roval of the Governor, shall direct, at a cost not cxcvM.'ding thirty cents per volume, to be paid out of the fund set apart by this act for school library pur- poses. Skc. 4. Section seventy-six, of chapter twenty-three, of the revised statutes is hereby rtpcaied. Skc. 5. This act shall take effect and be in force from and after its; passage and publication. Approved March 21st, 1(^59. 50 LAWS RELATING TO COMMON SCHOOLS. WEBSTER'S UNABRIDGED DICTIONARY. CHAPTER 13,S.-LA\VS OF lSo9. AN ACT to provide for the purchase of certain copies of Webster's Dictionary, for the supply of deficient school districts of the state. TliQ People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : How purchas- SECTION 1. The state superintendent of public instruc- ^"' tion, with the consent and approval of the governor, is hereby authorized to purchase, on behalf of the state, six hundred copies of Webster's Unabridged Dictionary of the English language, as revised by Professor Chauncey A. Goodrich, at a price not exceeding four dollars per copy, to supply the deficient school districts of the state, and to be distributed as provided in chapter twenty-two of the general laws of 1858. To be receipt- Sec. 2. On receipt of such dictionaries, each town or ed for. (3J^y superintendent so receiving tliem shall deliver to the librarian or clerk of each town or city one copy for each common school, and each department of graded or high school entitled thereto, and shall take his receipt for the same, and file it among the records of his office. How used. Sec. 3. Such dictionaries when received by the seve- ral districts in this state, shall be considered as belonging to the library of the districts, and shall be subject to the same laws and regulations as other library books, but during the time a school shall be taught therein it shall be and remain in the school room during the hours of school, for the exclusire use of the scholars and teachers of such school, and under the control of the teacher or principal, who shall be responsible to the district for its loss, or for any unnecessary damage it may receive, the same as any other book of the district library. How paid for. ®^^' '^- There is hereby appropriated out of the in- come of the school fund a sum of money sufficient to pay for the dictionaries provided for in this act to be paid out of the first moneys received into the school fund income after the apportionment of the present year; and the amount so paid shall be deducted from the amount sub- ject to apportionment for the year next following after the said payment for dictionaries; and the state super- intendent of public instruction shall certify to the state LAWS RELATING TO COMMON SCHOOLS. 51 treasurer the amount of such expenditures and deduc- tions accordingly. Sec. 5. This act shall take eiFect and be in force from and after its passage. For form of application, consult the following from the laws of 1858 :— Sec. 2. The State Superintendent of Public Instruc- Affidavit, tion * "• * upon the receipt of the affida.vit in due form,''' which shall be kept on file in his office, of any Town Superintendent or Commissioner of schools, or Superintendent of schools for any city, or the district clerk of any school district in this State, that such city, town or district has not yet been supplied with the said dictionaries or dictionary, as provided by an act approved March 21, 1855, then the said State Superintendent of Public Instruction shall distribute, as per order, to said city, town or district, sending one dictionary for each public school and department thereof, taught therein. Sec. 4. Any Town Superintendent of schools, the Penalty for _ Commissioners of schools, or Superintendent of schools ^^^^^ affidavit for any city, or the district clerk of any school district in this State, who shall be guilty of making any false affidavit to the State Superintendent of Public Instruc- tion, concerning any of the said dictionaries, or who shall, upon the receipt of the same, refuse or fail to de- liver it or them for the use of the school or schools in their several towns, cities or districts, shall, on conviction thereof, be punished by fine of not more than fifty dollars nor less than ten dollars. Sec. 5. All expenses incurred in the further distribu- tion of any of the said dictionaries, to any town, city or school district in this State, shall be incurred by the town, city or school district receiving the same. See Form No. 40. 52 NORMAL SCHOOLS. NORMAL SCHOOLS. Amended. Fund appoi- tioned. As many of the provisions of the following Law applj to Union and High Schools, we have appended it fur the convenience of those wishing to avail themstlves of the Normal School patronage : — CHAPTER 94:.-LA\VS OF 1809. PrJviEO. Begents how appointed. AN ACT to amend and consolidate chapter twenty-two of the Revised Statutes, entitled " of Academies and Normal Schools," and chapter 139 of the acts of a general nature of 18LS. The People of the State of Wisconshi, represented in Senate and Assembly^ do enact as follows : Section 1. That chapter twenty-two of the revised statutes, entitled "of academies and normal schools," and chapter one hundred and thirty-nine of the acts of a general nature of 1858, are hereby so amended and con- solidated so as to read as follows : (Sec. 1.) It shall be hereafter the duty of the com- missioners of school and university lands to apportion the income ot twenty-five per cent, of the nett proceeds arising from the sale of swamp and overflowed lands granted to this state by an act of congress, entitled "An act to enable the state of A^rkansas and other states to reclaim the swamp and overflowed lands witliin their limits," approved September twenty-eight, one thousand ei,i:ht hundred and fifty, to normal institutes and acade- mies as hereinaftir provided; Provided^ that nothing in tliis section shall interfere A\ith the fund set apart for drainage purposes. Sec. -. For the purpose of more fully carrying out the provisions of this cliapter, theie shall be a board of nine regents, to be called the " iJoai'd of Regents of Normal Schools," no two of whom shall reside in any one county of this state. I'hey shall be appointed by the governor, by and with the appioval of the senate. !Jlie governor and superintendent of public instruction shall be ex-ojjicio members of the said board of regents. The governor shall have power to fill all vacanc.es which may occur by death, resignation or otherwise, until the NORMAL SCHOOLS. 53 next meeting of the legislature, or while the legislature is not in session, but the appointments thus made shall be conurmed by the senate during the next succeeding ses- sion of the legislature. Sec. 3. The term of office of all members of the board Termof office of regents hereafter to be appointed (except Avhen such appointment is for an unexpired term) shall commence on the first day of January, and shall continue for three years. The board of regents shall be divided into three classes, so that the term of office of one class shall ex- pire in each year. SEb. 4, The said board of regents shall have authority Rules and to make all by-laws and needful rules and regulations regulations, necessary for carrying into effect the provisions of this act, not inconsistent with the constitution and laws of this state. The officers of the board shall be a president, vice-president and secretary; they shall severally hold their offi.ces for the term cf one year, and until their suc- cessors are elected, and shall perform the duties incident to their several offices. Sec. 5. The board of regents shall hold an annual Annual meet- meeting at the capital of the state, on the second Wed- '"S- nesday of April in each year, or at such time as may hereafter be designated by said board. The said regents shall not receive any compensation for their services, but shall be allowed from the income of the normal fund ten cents per mile for the distance traveled in attending finy such meeting on the most direct and usual routes of travel. The secretary shall receive such additional com- Compensation pensation from the said income fund for his services as the regents may designate, not exceeding two dollars and fifty cents per day for the time actually devoted to such services. The mileage of the members of the board, and the per diem of the secretary, shall be paid out of the proper fund by the treasurer of the state, on the certifi- cate of the president and secretary of the board, and a sum sufficient therefor is hereby appropriated. Sec. 6. A majority of the board of regents shall con- Special meet- stitute a quorum for the transaction of business, but a less ^"S^- number may adjourn from time to time. Special meet- ing of the board of regents may be called by the gover- nor or president of said board, on a petition signed for that purpose by any three members ol the board. At all special meetings of the board two-thirds of all the regents shall be necessary to constitute a quorum. Any regent may be removed from office, for cause, by a vote of two-thirds of the board. 54 NOr.MAL SCHOOLS. iiegents to re quire evi- dence, &c. Distribution Sec. 7. All applications for any of the income of the of fund. normal fund, pursuant to the provisions of this act, shall be made to the board of regents of normal schools in such manner as they shall direct, and the school land commis- sioners shall distribute the income fund specified in sec- tion one of this act to such institutions and in such ratio as the'board of regents shall designate, and no religious test shall ever be required of any student or scholar in any of the institutions and schools receiving any of the income fund designated in this act. Sec. 8. The regents shall require of each institution applying for any of the income fund designated in section one of this act, satisfactory evidence, which shall be uniform, that the provisions of this act have been fully complied with. They shall require a report annually, at such time as they shall designate, of the number, age, residence, studies, and number of days attendance of each pupil or scholar returned to them entitled to the distributive share of said income fund; and they shall make a report of the state and condition of such institu- tion drawing from the income fund to the governor, at the same time that other state officers are required to report. A copy of the proceedings of the board of re- gents, fully and fairly kept and certified by their presi- dent and secretary, shall be filed annually, at the close of each fiscal year of this state, in the office of the secretary of state. What schools Sec. 9. Evert chartered college or university in this «^;l*!^fL!?i ^^" state, in which the usual college course of studies has been established and prosecuted, having corporate prop- erty to the amount of fifty thousand dollars above all incumbi'ances, every female college or seminary having corporate property to the amount of twenty thousand dollars, and every incorporated academy having corpo- rate property to the amount of five thousand dollars, and every union or high school under the control of any city, village, town or district board of commissioners, trus- tees, or directors having control of the schools in such city, village, town, or district, according to the laws of this state, which shall establish and maintain a normal department in connection therewith, for the education of teachers, shall receive from the income of said fund, in such ratio as the board of regents shall designate. Sec. 10. The board of regents of normal schools are hereby authorized and empowered to employ such agent or agents as they may find necessary, whose duty it shall be, under the direction of said board, to visit and exer- ceive fuud. Agents, hoTv employed. NORMAL SCHOOLS. o5 €ise a supervisory control over the normal department of ■all such institutions in the state as shall apply to said board for a participation in the normal school fund, also to conduct county teachers' institutions, and give normal instruction in the same, and otherwise co-operate with the Superintendent of Public Instruction in providing a system of public educational addresses, to be delivered Addresses in the various counties in the state, and there is hereby pi'ovided for. appropriated a sum sufficient out of said normal school fund to defray the expenses of said agency. Sec. 11. All the income of the fund provided for in income fund section one of this act, after the payment of the expenses distributed. of the board and of the agency aforesaid, shall be dis- tributed to the colleges, universities, academies, and union or high schools severally (except the state univer- sity,) which shall have established and maintained such separate normal department according to the number of pupils instructed in such studies, and for such a period of time as the board of regents may designate as a quali- fication or condition for receiving the benefits of this act, until the amount awarded to any one of such institutions shall reach the sum of three thousand dollars annually. Sec. 12. The number of students pursuing the course Keports, how of studies which may have been designated by the board °^^'^®- ■of regents in the normal department of any college, uni- versity, academy, and union or high school receiving the benefit of this act shall be reported to the board of regents, upon the oath of the president or principal and the secretary of the board of trustees of such insti- tution. Sec. 13. Warrants of the board of regents, signed by ^'^^rrants, the president and secretary thereof, and countersigned ^^°^ cli'awn. by the secretary of state, shall be drawn on the state treasurer in favor of such institutions for the amount ap- propriated to them severally, Avhich apportionment shall be made on or before the second Wednesday of April annually. Each institution shall give a receipt, signed Receipts giv- by its treasurer, or by the president and secretary of the ^"• board of trustees, to the state treasurer, on receiving any of the fund provided for in this act, and the state treasurer is hereby authorized to pay from the fund pro- vided for in the first section of this act all such warrants as are drawn upon him by the president and secretary of said board of regents in accordance with this act. Sec. 14. If any person authorized by this act, or by Penalty for the rules and regulations provided by the board of regents making false to make report from any normal school of the number of ^^^*^^ ' ^" 56 NORMAL SCHOOLS. powers. scholars taught tliorcin, shall mako any false report of the- number of students, the person so offending shall, on' conviction thereof, be punished by fine not exceeding two hundred dollars nor less than fifty dollars, or by impris- onment in the county jail not more than six months nor less than one month; and if any person, for the purpose of enabling any institution to draw any moneys as here- inbefore provided, shall make any false statement relative to the value of the property of such institution, or as to the establishing and maintaining a normal department in connection therewith, the person so offending shall, on conviction thereof, be punished by imprisonment in the county jail not more than one year nor less than six months, and b}^ fine not less than one thousand dollars nor more than three thousand dollars. Discretionary Sec. 15. Whenever any town, city or village in this state shall propose to give a site and suitable buildings and fixtures for a state normal school, free from all in- cumbrances, said board of regents may consider the same, and if, in their opinion, the interests of education will be advanced thereby, they may, in their disci'ction, select from such propositions the one most feasible, and located in such place as is deemed easiest of access, and appor- tion to the same annually a sum not exceeding three thousand dollars, for the support and maintenance of teachers therein. Sec. 16. No charge shall be made for tuition to any pupil or scholar in said state normal school, Avhose pur- pose is to fit himself as a teacher of common schools in this state; and the number and qualification of scholars, and regulations under -which they shall be admitted, shall be determined by the board of regents. Sec. 17. This act shall take effect and be in force from, and after its passage. Approved March 14, 1859. Relating to tuition. Take effect. NORMAL SCHOOLS. 67 COURSE OF STUDY IN NORMAL INSTITUTES. The Board of Normal School Regents, in adopting the follow- ing course of study, deems it a duty it owes to the institutions claiming the funds under its control, to state distinctly its view of the requirements of the law by which the duties of this Board are defined. The act setting aside this fund gives power to the Regents to appropriate only to those institutions "which shall establish and maintain a Normal Institute in connection therewith, for the education of teachers," leaving it with the Regents to make and carry out such needful rules and regulations as they shall deem necessary. The original Board declared that " a Normal School or Normal Department, as contemplated in this act, is in the estimation of this Board, one in which students are educated with especial reference to fitting them for teaching in our Public Schools." The present Board have reiterated this as their de- cided conviction that this is the only just and true interpretation of the intent of the law. Nor does this Board understand that the pursuit of any one or more of these studies, or even the full course, without espe- cial reference to a preparation for teaching in our public schools, is sufficient to entitle the college or academy to become a recip- ient in the distribution of the fund. The course must be pur- sued in connection with lectures and constant reference to the theory and practice of teaching. It is not so much with refer- ence to giving instruction m the facts of the science that the Board have adopted a course of study, as to provide means and methods of illustrating lectures by actual studies in which the theory shall be reduced to practice. It is not sufficient then that these studies are pursued as such, to bring the pupil within the definition of studying for the pro- fession of teaching, and the Board cannot regard those who, in a regular academic or collegiate course may be pursuing the game studies, because the Principal or Faculty have prescribed it as their course as coming within the meaning and intent of Normal Students. There the facts, principles and theories are taught, to fit the student for practice in life. In the Normal department they must be pursued in connec- tion with lectures embracing the following subjects: Education, its nature and design; physical education; intellectual educa- tion; moral education; assthetical education; the history of ed- ucation; and the examination of the powers of the mind, especially 8 58 NORMAL SCHOOLS. with reference to receiving and communicating knowledge: school house architecture, including school furniture, grounds. (fcc. ; organization and classification of schools; graded scjiools; modes of teaching different subjects; the proper incentives for schools; rewards and punishments; the office of teacher; his duties to himself, his school, and the public; duty to the State, in reference to educating its citizens; the educational policy of Wisconsin. It is intended in this course of lectures, to present, as nearly as may be, the whole duty of the teacher, and to point out such modes of school discipline and management as shall assist the young teacher in preparing for his great work. The members of this department are also required to Avrite on various topics connected with education, and to discuss in form of debate, such subjects as may be assigned by the Principal of the Institution. The Board further propose to examine pupils on the studies of the course, and to award in their official capacity a certificate to all who shall have passed a creditable examination in the full course a first class certificate, and a second class for the first year studies. Previous to pursuing the course, the student shall pass an ex- amination by the Principal on the following studies : Reading, Spelling, Written Arithmetic, Elementary Algebra, Physiology, History of the United States, English Grammar, through the ordinary treatise used in the common schools in this State, Descriptive Geography, Composition, Elementary Sounds. FIRST YEAR. Theory and Practice of Teaching, connected with, and illus- trated by the studies in High School Arithmetic, Physical Geo- graphy, Political Geography, Algebra, Geometry, Modern History, Analysis of Language, Natural Philosophy, Natural Theology, Book-Keeping, Elementary Sounds, Vocal Music. SECOND YEAR. Theory and Practice of Teaching, connected with, and illus- trated by the studies in History of English Language and Lit- erature. Principles of General Grammar, Drawing, Trigonometry, Chemistry, Mineralogy, Geology, Astronomy, Intellectual Phi- losophy, Moral Philosophy, Constitutions of the United States and Wisconsin, Political Economy, Calisthenics, Mensuration and Surveying, Vocal Music, and review of whole course. The Board have further provided that the age at which stu- dents in the Normal Department, may entitle any institution to the benefit of the fund on their behalf, shall not be less than sixteen years, — with an actual attendance upon the instructions FORMAL SCHOOLS. 59 of the department of not less than sixty-five days during the year. It is hoped on the part of the Board, that they have made their suggestions and regulations so distinct^as that, — with a careful study of the law under Avhieh these regulations are made — there may be no difficulty, on the part of those Institutions desiring a participation in the income fund of the Board, in un- derstanding and complying with them, where there is an honest desire to do so. If, however, there should be any important question upon which any institution may desire further informa- tion, a line addressed to the Secretary or either member of the Board will be cheerfully answered. Such Institutions as are described in section nine of the act of incorporation, which have fully complied with the provisions of said act, and the regulations of the Board in establishing and maintaining a separate Normal Department in which is taught the prescribed course of study, will be entitled to draw from the Income Fund in proportion to the number of properly qualified students who have received instruction therein for the requisite number of days. The report of the same must be made to the Secretary of the Board, by the 5th day of March of each year, embracing the at- tendance to the 1st day of January preceding, — containing dis- tinctly the names, ages and residence of each student returned; with the studies pursued, for at least sixty-five days in the separ- ate Normal Department, — which report must be signed and sworn to by the President or Principal, and the Secretary of the Board of Trustees of the Institution. 60 REGULATIONS CONCERNINa APrEAT.S. REGULATIONS CONCERNING APPEALS. By th.o State Staperintenclent . 1. An appeal must be in Avriting, signed by tbe appellant; and all the facts therein stated, with the accompanjing maps and pa- pers, intended to be presented in support of it, must be verified by oath. 2. When the appeal has relation to the formation or alteration of a school district, it must be accompanied by a map of the district, exhibiting the site of the school house, the location of each inhabitant residing therein, the roads and lines of the old and new district, the streams of water, marshes, lakes, &c., in the districts, and all other information bearing upon the caso. Also, a list of the value of the taxable property, taken from the last assessment roll, and the number of children between four and twenty years of age, belonging to each inhabitant, distin- guishing the districts to which they respectively belong. 3. When any proceeding of a district meeting is appealed from, any one or more of the inhabitants of such district who voted for the proceeding, or sustained the action appealed from, may answer the appeal, if the same is not answered within thirty days by the District Board. 4. When the appellant is the District Board, a majority must sign the appeal. 5. A copy of the appeal, duly verified by oath, and of all the statements, maps and papers, intended to be presented in sup- port of it, must be served on the officer or officers whose act or decision is complained of, or some one of them; if it is from the decision or proceeding of a district meeting, upon the District Clerk, or one of the District Board, whose duty it shall be to cause information of such appeal to be given to the inhabitants ■who voted for the decision or proceeding appealed from; such REGULATIONS CONCEimiNO APPEALS. 61 service must be made witliin thirty days after the making of the decision, or the performance of the act complained of, or within thirty days after the knowledge of the cause of complaint camo to the appellant, or some satisfactory excuse must be rendered for the delay. 6. The party on whom the appeal is served must, within fif- teen days from the time of such service, answer the same, either by concurring in a statement of facts wuth the appellant, or by a separate answer. Such statement and answer must be in wri- ting, and be signed and verified by oath, by the party making it. 7. A copy of the answer, duly verified by oath, and all of the statements, maps and papers, intended to be presented in support of it, must be served on the appellant, or some one of them, within fifteen days after the service of the appeal, unless further time shall be allowed by the State Superintendent, on applica- tion, in special cases. 8. Affidavit, or admission of service of copies of the appeal, answer, and all other papers intended to be used on the hearing of the appeal, must in all cases accompany the same. 9. No replication or rejoinder shall be allowed, except by per- mission of the State Superintendent, upon an affidavit, t^howing that new facts have come to the knowledge of the party wishing the rejoinder, since the appeal or answer has been submitted to the State Superintendent. 10. All decisions on ap[ eal must be filed or recorded as the State Superintendent sliall direct. 11. The decision of an appeal by tlie State Superintendent being ''final and conclusive," in no case can a relieariipf bo granted, after a case has been once decided. 12. The first regulation of the Department concerning ap- peals, in, " An appeal viust be in writing, sigmd by the appel- lant; and flZZ facts therein stated, with the accomisanyini)- maps and papers, intended to be presented in support of it, 'must be veiified by an oath." The regulations also imperatively require that a copy of the appeal, duly verified by oath, with all the ac- 62 KEGULATIONS CONCERNING APPEALS. company ing statements, maps and papers, must be served hj the appellant on the opposing party; and a copy of the answer must be duly served on the appellant. Notwithstanding these require- ments are so plain and positive, there are persons who imagine they must visit the State Superintendent in person, and explain and enforce their view of the question at issue. The Superin- tendent, to be just to himself and his position, can not consent to hear any ex-parte statements ; he can only receive and enter- tain papers in appeal cases, properly verified, and properly served on opposing parties; and it is only upon such cases, so presented, that a decision can be rendered. The decision must be made from the record, and no amount of personal visiting and plying the State Superintendent, can in the least affect the result. It is, therefore, very desirable that parties interested in appeals should not personally apply to the State Superinten- dent with a view or hope of influencing his action. He is de- termined to hear and examine cases only when ^'•in writing,''^ duly "verified," and properly served on opposing parties. INSTRUCTIONS. 6S INSTRUCTIONS FOR CONDCUTING PROCEEDINGS UNDER THE SCHOOL LAW. Prepared, loy the STzperiiateiadent of Pablic Iiastx-notion, Til pursuance of Section 11, qf Chapter 138 of General Laws of 1858. As questions frequently arise in the administration of the School Law bj school districts and Town Superintendents, which cannot satisfactorily be settled in the towns where thej originate, the opinion of the State Superintendent is solicited as the proper construction of the law, and the best mode of extricatino- them- selves from real or imaginary difficulties. This has given rise to an extensive correspondence with school officers and others, which has not been diminished by the numerous and repeated decisions that have been made, of which the records bear evi- dence. It is designed in the following pages, to provide the requisite forms for proceedings in the administration of the law, accompanied with such explanatory notes and instructions as are thought necessary to aid school officers in the performance of the duties devolving upon them. There is also included in this volume a commentary upon the text of the law, answering the questions that frequently arise, particularly in regard to the powers and duties of officers, which it is hoped will not only save the trouble and expense of a cor- respondence heretofore deemed necessary, but obviate delays, and prevent, in some measure, difficulties that might otherwise arise. School officers, and others, are invited to a free and unre- stricted correspondence upon all subjects relating to the School Law or educational interests of the State. COMMBNTARY ON THE SCHOOL LAW. 65 NOTES ON THE SCHOOL LAW. OF THE ORGANIZATION OF SCHOOL DISTRICTS. (Sec. 1.) The principal object of the Town Superintendent in forming school districts should be, as far as possible, to secure permanent and efficient districts, with a sufficient amount of taxable property and number of children to maintain a school at least six months each year, affording the requisite facilities for the regular attendance of all the children residing in the dis- trict. He should especially avoid dividing districts so as to render them so small as to cripple and deprive them of the power of maintaining good schools and paying the wages demanded by a good teacher; as it is of vastly more importance to every neighborhood, every parent and every child to have good and efficient schools than to save a few dollars in taxes for teachers' ■wages. As it is plainly impossible to lay down even a general rule as to the proper size of a district, the Superintendent must be guided by his own good judgment; but about four sections 'of land in a tolerably well settled country, with from forty to eighty scholars, would be a good standard size. Such a district could maintain a good school easily for ten months a year, with- out suffering from heavy taxation. And every district, feeling a proper regard for the interests of the rising generation, should endeavor not to be satisfied with a three months' school — barely complying with the law, so as to receive their share of the appor- tionment. Our free school system is lifeless without the sus- taining hand of the people; hence the necessity of securing the co-operation of the inhabitants interested, and of avoiding all occasions for strife and dissensions which destroy, in a measure, the prosperity and efficiency of the district. It is, in many cases, impossible to satisfy all in the formation ■ or alteration of the boundaries of school districts, and the Su- 9 C6 COMMENTARY ON THE SCHOOL LAW. perintendent, having discharged his duty impartially, should endeavor to reconcile disaffected persons in the changes made; but it is better to submit to many temporary and local inconve- niences than to create general dissatisfaction by alterations that may even be highly judicious and beneficial. Districts should be described according to the Government Surveys, but marked natural objects, as rivers, 6cc., will be a Buitable boundary. The description should be made as correct as possible, and immediately filed with the Town Clerk, and the necessary alteration made in the map of the town. A "taxable inhabitant" means one liable to pay a tax, and not one who has already been assessed. Notice of the first meeting of a district to organize (see Form No. 3, and Note) should bo given within twenty days after the formation takes effect; but if for any cause it is not so given, it may be at a subsequent time. (Sec. 2.) Notice of the First Meeting requires personal ser- vice, or service by leaving a written notice. No other meeting requires this, but all Annual and Special Meetings are called according to Section 29. Qualified voters at a School Meeting are those qualified to vote at a general election for State and County officers. The law also requires a residence of ten days in the district. The qualifications requisite for a voter at a general election, are as follows : " Every male person of the age of twenty-one years or up- wards, belonging to either of the following classes, who shall have resided in the State for one year next preceding any elec- tion, shall be deemed a qualified voter at such election : "1. White citizens of the United States; " 2, White persons of foreign birth, who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization; "3. Persons of Indian blood, who have once been declared by law of Congress to be citizens of the United States, any sub- sequent law of Congress to the contrary notwithstanding;. COMMENTARY ON THE BCnOOL LAW. 67 " 4. Civilized persons of Indian descent, not members of any tribe. " No person under guardianship, non compos mentis, or in- sane, shall be qualified to vote at any election; nor shall any person convicted of treason, felony, or bribery, unless restored to civil rights; nor shall any person who, being an inhabitant of this State, may hereafter be engaged, directly or indirectly, in a duel, either as principal or accessory, be permitted to vote at any election; nor shall any person who shall have made, or be- come, directly or indirectly, interested in any bet or wager de- pending upon the result of any election at which he shall offer to vote, be permitted to vote at such election." The person appointed should notify every voter, as the law directs, (see Porm No. 4) and make the proper return (Form No. 5) which should be recorded, as without this there is no re- corded evidence of the proper organization of the District, or of its legal boundaries. (Sec. 4.) The law makes it the duty of the inhabitants to assemble upon the proper call for a School Meeting, and if this were obeyed, there would be fewer district quarrels. Often but four or five persons assemble at the Annual meeting, and trans- act business for forty or fifty voters, and amidst the many minds of many men these proceedings are by many considered unjust, and sometimes dishonest. Frequently incompetent or dishonest men are thus elected, against the will of a very large majority of the district. This evil should be corrected. (Sec. 7.) The law provides, that a school district shall be deemed duly organized when any two of the officers elected shall have filed their written acceptance of the offices to which they have been respectively elected, with the District Clerk; and as none but an organized district has any powers under the law, it follows that at the first meeting of a district after its for- mation, no further business can be legally transacted than the election of officers, unless the persons elected are present and immediately file their written acceptance. (See Form No. 7.) The law also declares that a district shall be legally organized 68 COMMENTARY ON THE SCHOOL LAW. after it shall have exercised the franchises and privileges of a school district for the term of two years; but this does not imply that the district is not fully organized, and has all the rights and privileges of a duly organized school district. In the case of a joint district, the organization is complete upon the election and qualification of its officers, nor can one Town Superinten- dent, before it shall have been organized two years, alter its limits without the consent and co-operation of the Superinten- dents of all those towns in which any part of such joint dis- trict may be situated. The qualified voters of a district, when assembled at the first meeting, have the same power to transact business as at the an- nual meeting. (Sec. 8.) The law makes School Districts bodies corporate, and consequently all contracts made with the District, and all suits brought by the District, and in all writings whatever the name of the District should be inserted and not the names of the officers, except when the officers are empowered by law to act. district meetings. (Sec. 9.) The time for holding the annual meeting in each district is fixed by law at six o'clock in the afternoon, of the last Monday of September in each year; but any annual meeting may change the liour for holding the next annual meeting by vote, duly recorded. For notice of annual meeting, see Form No. 8. (Sec. 10.) Six days notice must be given of each annual meeting, and of every meeting that shall have been adjourned for a longer time than one month, (see Form No. 10.) and of every special meeting, (except as provided in section three, when a district has lost its organization,) by posting notices in four or more public places in the district. No annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such no- tice was willful and fraudulent. This provision is intended to apply to cases, when through mistake or accident, the proper COMMENTARY ON THE SCHOOL LAW. 69' legal notice was not given, and not to cases where no attempt has been made to comply with the law. The above provision will apply equally to special meetings. For when the Clerk un- dertakes to give the requisite notice, and fails unintentionally to strictly comply with the law, the proceedings of the meeting wil not be void on that account, but may be set aside on appeal, for sufficient cause shown. (Sec. 11.) The law does not specify what number of voters shall constitute a quorum for the transaction of business at a district meeting; and if the notice of any meeting has been le- gally and fairly given, and the proceedings are regular, they will not be disturbed because of the few voters that were in attend- ance. It is the duty and the privilege of all voters to attend the annual and special district meetings, especially as officers are to be elected for three years. Much of the difficulty in school districts arises from efforts made at special meetings to annul or change the action of the annual meetings; and such changes are frequently made, involving the district in a neighborhood strife, or in the trouble of a vexatious appeal or an expensive lawsuit. It is the manifest duty of all voters in a district to assemble at the time and place appointed for the transaction of business, and for deliberation and consultation upon the various interests connected with their schools. Such meetings should be conducted with order, regularity and decorum; no other feel- ing than a sincere desire to promote union, harmony and concert of action should be there entertained. It is the will of a major- ity of the district that is required to secure efficiency in the acts of the district. At the appointed hour, after making an allowance of fifteen or twenty minutes for difference in time pieces, if the voters are not all assembled, the meeting should organize by the appoint- ment of a Chairman, the Clerk of the district acting as Clerk of the meeting. If the Clerk is not present, or if it is the first meeting of the district, the meeting should choose a Clerk for the time being; but if the District Clerk is present, it is his TO COMMENTARY ON THE SCHOOL LAW. duty to act as Clerk, and in no case can a substitute be appoint- ed, if he is present. The meeting is then organized for the transaction of business; and if there are but a few voters of the district present, it is always advisable to adjourn the meeting, if a larger number can bo assembled by so doing. The regular mode of choosing district oflScers is by ballot, separately for each office, and this mode of proceeding should not be dispensed with under any circumstances. The person receiving the highest number of votes should be declared elected by the chairman, and the number of votes cast for each candidate should be recorded by the clerk. When officers have been fairly elected, it is not in the power of the meeting to reconsider or rescind the vote by which they were chosen. If any person so chosen is present, and signifies to the meeting that he will not accept, the meeting may, as thought best, make another choice, or allow the vacancy to be filled by appointment, though it is better to make another choice at once. It is not necessary that a person should be a voter, in order to be eligible to election as a district officer. All other business of the meeting should be transacted by written resob-fljn, regularly put to vote in the customary man- ner. If there is any doubt in ascertaining the result of any vote, the persons voting for or against any resolution should be determined by count, or by ayes and noes. But upon all reso- lutions contemplating the levying of a tax, changing the site of the school house, building new school house, or the purchase of a school house or school house site, it is necessary that tho vote be taken by ayes and noes, and recorded in the records by the District Clerk. And to prevent delay in the proceed- ings of the meeting, the Clerk should have prepared a list of the voters of the district, for taking the ayes and noes upon the different propositions that will probably come before the meeting after the following form : COMMENTARY OX THE SCHOOL LAW. Tl Nambs of Votees. On resolution to designate School House site. On resolution to raise ^250 tax to build School House On resolution to raise ^40 tax to pay teacher's wa- ges. On resolution to raise fl5 tax for Libra- ry. Ayes. Noes. Ayes. Noes. Ayes. Noes. Ayes. Noes. James Miller Thomas Carroll. .... John Olfirk Edward Ross Henry Billings William Johnson... . Alvin Morris 5 2 7 4 3 5 2 As the law authorizing special meetings to levj a tax, and fche District Treasurer to collect the same, is intended to apply only in cases of emergency, and not to be the general rule, ife becomes necessary for the District Board of each district to es- timate the expenses necessary to be incurred by the district for the ensuing year, and submit a detailed statement thereof, stating separately each item of expenditure, to the annual meeting. Besides, the annual meeting is the proper time for the district to settle all matters relating to the schools for the ensuing year, and it is far better to have a full and free expres- sion of opinion from all, than to leave the whole control and management of the schools with the District Board. The Board should feel bound by such action of the annual meeting and carry out, as far as possible, the expressed wishes of the people of the district. All propositions brought before a district meeting should be voted upon separately^ in order to obtain an expression of the real wish of every voter upon each of the propositions submitted. School districts may alter, repeal, or modify their proceedings as occasion may require. This can not be construed to apply to the reconsideration of the election of officers, or to any pro- ceedings that have been partially or wholly carried into effect; OS where contracts have been entered into, liabilities incurred, 72 COMMENTARY ON THE SCHOOL LAW. or expenditures of money had, in carrying out any measure directed by the district, as there are no means provided to indemnify those who may be losers thereby. When district officers have been legally elected at any district meeting, neither that nor any subsequent meeting have any power to reconsider or rescind the vote, whether by ballot or otherwise, by which such officers were chosen. A district officer, when elected, cannot be deposed by a vote of a district meeting. If it is intended to alter or modify at a special meeting any proceedings of a previous meeting, the intention to do so must be specified in the notice calling such meeting. (See section 29.) A tax cannot be voted for arrearages generally, or to reim- burse district officers for moneys expended by them, unless it appears by the vote that the money is to be applied to the objects for which taxes may be raised; all such votes must be taken by ayes and noes, and entered at length upon the district records. When the voters of a school district have by a vote to that effect, authorized the District Board to make repairs upon the school house, or to do any other lawful acts involving an expen- diture of money, they will be required to save the district officers harmless if the latter have acted in good faith. A school house built by subscription may, if under the con- trol of the District Board, be kept in repair by a tax on the taxable property of the district. The voters of a School District cannot, by a vote to that effect, direct that the requisite fuel shall be provided by those persons sending children to school, in proportion to their attend- ance, as no such vote can be enforced. The inhabitants may voluntarily contribute their proportion of fuel, which will of course lessen the amount of taxes to bo raised; but if they do not, the District Board are required to furnish fuel, to be paid for by a tax levied upon the taxable property of the district. It is the duty of the person acting as Clerk to keep acccurate minutes of the proceedings; and before the meeting is adjourned the minutes should be read, that errors, if any, may be corrected COMMENTARY ON THE SCHOOL LAW. 73 and afterwards they should be recorded by the Clerk in the record book of the district. No particular form is required for keeping the minutes of the proceedings of a district meeting. They should be recorded just as they occurred. It is important, however, that the time and place of holding and character ot the meeting should be distinctly stated, which may be as follows: "At a meeting of the legal voters of school district No. — , of the town of , held pursuant to adjournment, at , on the day of , 18 — , [or, if it is the annual meeting, say, '^at an annual meeting of, ^c, held pursuant to notice, at,'''' ^fc; or if it is a special meeting, sag, at a special meeting, cj^c , held pursuant to a special notice hy the Clerk, at,''^ ^c: or if it is appointed by the Toivn Superintendent, say, "^at a meeting of the legal voters of, ^c, held pursuant to appointment by the Town /Superintendent, and notice served on all the qualified voters of the district, at,^'' ^fc.,] A. B. was chosen Chairman, and C. D. was present as District Clerk, \or if the Cleric was not present, say, "the Clerk being absent, R. S. was chosen Clerk, jsro i(em."] Then enter the proceedirgs in the form of resolutions, and state whether adopted or rejected, and the names of every person voting for and against any resolution, if the ayes and noes are required to be taken according to the instructions above given, as voting a tax, &.c., or if demanded by any five voters present. (Sec. 12.) Special meetings may be called by the Clerk, or in his absence by the Director or Treasurer, on the written re- quest of any five legal voters of the district; and the qualified voters legally assembled at a special meeting, have power to transact the same business as at the annual meeting. Section twelve of the School Laws, provides that a special meeting may have power to transact the same business as at the first and each annual meeting. In the case of the destruction of a school housefby fire, or in case of any other emergency, it may become necessary to levy a tax and proceed at once to its 10 T4 COMMENTARY OS THE SCHOOL LAW. collection. To obviate the difficulty experienced under the old law, this power was conferred upon special meetings, and the sections of the Revised Statutes of 1849, quoted between sec- tions thirty-six and thirty-seven, of this edition of the School Law, were revived, and are now in force, in relation to the assessment and collection of school district taxes voted at any such special meeting. Dut no business can be legally transacted at a special meeting which was not specified in the notice calling it. (See Form No. 9.) The law provides that "special meetings may be called," * ^^^ every refusal by an officer to pay any sum lawfully demanded, shall be deemed an embezzlement of the sum so demanded. Any person demanding of any officer any sum of money which he may be entitled to demand and receive, who shall be unable to obtain the same, by reason of the money having been embez- zled as aforesaid, if he shall neglect or refuse for thirty days after making such demand to make complaint against such officer, shall be deemed an accessory, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars." The law is thus exceedingly stringent, and must be complied with fully. 78 COMMENTARY ON THE SCHOOL LAW. It is the duty of the Treasurer to apply to the Town Super- intendent for the school money due his district as soon as the same becomes payable, and give his receipt therefor to that officer, that he may be able to make his annual settlement with the Town Board of Supervisors. The form of such receipt may be as follows : " Received of A. B., Town Superintendent of schools of the town of , the sum of dollars, being the amount of school money apportioned to school district No. , of said town, by said Town Superintendent, for the year 185 — . "Dated, &c. "F. S.,_ ^^ Treasurer of school district No. — , of the Town of ." The same form of receipt will also answer when moneys are received of the Town Treasurer, by a change of the official title. (Sec. 20.) The Treasurer should be careful to keep a minute and correct account of every transaction of his office, and pre- serve the vouchers for all money paid out. A mere exhibition of vouchers by the ^Treasurer to the meeting is not all that is required by the law. Each item of his account must be partic- ularly and fully set forth and reported to the meeting, that it may be recorded by the Clerk. The finances of the district are always a matter of solicitude to those interested, and a very little attention on the part of the Treasurer will enable him at all times to satisfy any one of their true condition, and inspire confidence in his report by convincing them of its correctness. The Treasurer is liable on his^bond for any malfeasance in office, or for refusing to pay any balance that may be in his hands to his successor. The report of the Treasurer should always be properly audi- ted, and if found correct accepted, and the report in full, with the report of the Auditing Committee, and the vote of accept- ance, entered at length upon the records of the district. (Sec. 21.) The office of Treasurer becomes vacant, unless the person elected qualifies within ten days by filing his bond, duly approved by the Director and Clerk. (See Form No. 16.) COMMENTARY .ON THE SCHOOL LAW. 79 It is the duty of the Treasurer elect to procure the endorsement of the Director before he files his bond. (Sec. 22.) If the Clerk receives the bond and retains it be- yond the ten days, without signifying to the Treasurer his refusal to file the same, the Treasurer can consider the same as approved by him, and the Clerk will be obliged to file the same at the date of reception. (Sec. 23.) An appointed Treasurer is not restricted to ten days to file his bond, but he must file it before entering upon the duties of his office. He will hold ofiice only until the next Annnal Meeting. (Sec. 24.) In case of any breach of the conditions of the Treasurers bond, before the expiration of his term of office, it is the duty of the Director to bring an action according to sec- tion 22, but any action after the expiration of his term of office, must be brought by his successor in office. The Treasurer should, j'n all cases, be held strictly to the duties of his office. His final report should be thoroughly examined, and the new Treasurer's receipt for the sum received from his predecessor, together with the final report should be entered upon the records. In case taxes are voted at a special District Meeting, it is the duty of the District Treasurer to collect them, and for this purpose the powers of Town Treasurers are conferred upon him. (See sections 70, 71, 72, of the Statutes of 1849, published between sections 36 and 37 of this law). (Sec. 25.) The duties of the Clerk are particularly specified in the law, which are generally to keep all the records of the district in a book provided for that purpose. To aid him in the discharge of his duties, the necessary forms accompany these notes. If not present at a district meeting, it is his duty to record the proceedings thereof when certified to him by the Clerk of the meeting. It is also made the duty of the Clerk to record the Annnal Report of the District. This is too frequently disregarded, and many papers of value are carelessly lost. Everything of impor- 80 COMMENTARY ON THE SCHOOL LAW. tance to the district should be preserved, and as far as possible entered upon the records. (Sec. 26.) The Clerk of the District Board acts in a double capacity: as a member of the Board he has a voice in their meetings; but as Clerk of the Board he is simply to carry out the expressed will of a majority of the Board. If present at any meeting of the District he must act as Clerk, and in no case can a substitute then be appointed. (Sec. 27.) Section 88 of the School Law imposes a fine upon the Clerk, and other district officers, for neglect of duty. The Clerk, and all district officers, must be left to their own discre- tion in their action, but a persistent refusal to carry out the wishes of the Board, should vacate the office of the person who thus acts. Harmony of action should be preserved, or the effi- ciency of the school is very much impaired. The evident intent of the law in regard to the employment of teachers is, that a majority of the Board shall hire the teacher. If the Clerk obtains, with his own, the endorsement of another member of the Board, they two constitute a majority — the Clerk merely carrying out the wishes of the Board in drawing up and signing the contract in his capacity as Olerk of the Board. If the District Clerk had the power to set the other members of the Board at defiance, he would be the sovereign of the district, unless there was some remedy against such an unwarranted assumption of power. There is such a remedy in the law, which, in effect, declares that a majority of the Board shall select the teacher, as two of them are required to sign the contract; then it plainly becomes the duty of the Clerk to draw up the contract and sign it. If he refuses to do this, the other members of the Board should, after all means of settling the difficulty have been used in vain, declare his office vacant, and proceed to appoint one in his place, who will feel it to be his duty to carry out the expressed wishes of the Board and the people. Still, the Clerk may have good and valid reasons for such refusal, in which case, upon appeal to this Department, the matter will be decided. The Clerk has no right to question the qualifications of a teacher COMMENTARY ON THE SCHOOL LAW. 81 chosen by the Board, as that question is considered settled if he has a certificate from the Town Superintendent. And if the Board agree as to the teacher, it becomes the duty of the Clerk of the Board to carry into effect their wishes. This arises from what has before been stated, that the Clerk acts in a double capacity — as a member of the Board, and as Clerk of the Board. It is the duty of the Clerk to hire qualified teachers; but as a contract made by him without the consent of either the Director or Treasurer, or both, is not binding upon the district, it becomes necessary for the Clerk to consult with the other officers before the contract with the teacher is complete. If th® officers would, on every occasion, consult with each other on all matters left to them by the district, or imposed upon them by law, there would be no occasion for any misconception of the views and feelings of each other; and it would be a preventative of the difficulties arising in school districts, that sometimes result in destroying the usefulness of the school, and prostrating the energies of the district. The Clerk is not authorized to contract with any but qualified teachers, and if the Board would invariably insist that the applicant should produce the necessary certificate before the contract is made, it would also prevent much trouble; for a contract made with a teacher who is not qualfied, is not binding upon the district, and the District Board make themselves indi- vidually liable to pay the teacher. (For form of contract see No. 17). The contract should be filed with the District Clerk, and a duplicate furnished to the teacher. There is a diversity of opinion and practice in relation to the word "month" when applied to schools; but general usage has determined a school month to mean twenty- two days; allowing the teacher to close the school during the afternoon of each Saturday, or teach all day every other Saturday as may best suit the convenience of the scholars, if he wishes to count four weeks to the month. The custom quite generally prevails in cities and villages of teaching but five days in each week; and 11 82 COMMENTARY ON THE SCHOOL LAAV. it is the opinion of many of our best teachers that this custom had better prevail in the country, as whenever school is taught six days in the week, — especially in the summer, — childi-eii are allowed no whole day for recreation, and the time can still easily be computed at twenty-two days a month. From long established and time-honored usage, schools may be closed, without loss of time to the teacher, on days which it is customary to observe as holidays, among which may be enu- merated the Fourtli of July, ChristDias, New Year's, an'i the day set apart by the Executive as a day of thanksgiving. In such cases, it would be well for the teacher to consult the District Board, so that no difficulty can arise. Still, as above stated, custom has given this privilege to the teacher as a right. The duties of the office of District Clerk and teacher of the school of the same district, are incompatible. The Clerk is the agent of the district, and one of the Board to employ a teacher; and while acting in that capacity cannot act as teacher, as he would have to enter into contract with himself, determine his own wages, and draw orders for the payment thereof, anJ do other things which are inconsistent, not to say illegal. If the District Clerk desires to teach the school of his district, he should resign, and have some one appointed to fill his place. In all cases of confiict of opinion between officers, a special meeting should be called, and the matter laid before the people of the district, and their expressed will should be considered as binding the officers in their action. In hiring teachers espe- cially, it is always advisable that the feelings of the people should be consulted. (Sec. 28.) The District Board are required to provide the necessary appendages of the school house. Of their expenses in so doing they must keep an accurate account, and present the same for allowance at the annual meeting. This general power to furnish necessary appendages must not be construed to war- rant the District Board in incurring more than the usual and ordinary expenses necessary to keep the school house in good repair, supplied with fuel and such appendages as are ordincirily COMiVIENTAEY ON THE SCHOOL LAW. 80 found in, and necessary to the usefulness of a school. A hlack board is considered an indispensable appendage to a school room, and may be provided by the District Board. All extraordinary expenditures should be authorized by a vote of the district, such as increasing the size of the .school house, purchasing new furniture, 6cc. The Board being required by law to keep the school house in good repair, they are not warranted in renting a room for the school, if the district is possessed of a school house. School houses always need this supervision, and should be thoroughly cleaned and repaired every term, as want of order and neatness in the school house will tend to render the scholars reckless, and unmanageable. It is only right that the Teacher should be furnished with a respectable building, and not be con- demned to teach when the necessary associations destroy all the good he can do. Out-houses properly hidden, two in number, and at some distance from each other, are indispensable append- ages of a school house, and School Boards should immediately erect them, if wanting, (Sec. 29.) All district meetings (except the first meeting), are called by posting four notices for six days. This notice must contain the time and place, and if for a Special Meetings the business proposed to be acted on. In fixing the time, the hour of the day must be specified. If business not specified ia the notice be transacted at a special meeting, it will be voidy but it will not render the whole proceeding illegal. (Sec. 30.) The Form for the Clerk's Beport will be found among the Eorms as No. 18. Clerks should be careful to fill all the blanks. If nothing is to be entered, place a cipher ia the proper column to indicate that it is not left blank throuwli carelessness. The census of scholars should be carefully taken, for the report is made the basis of the Apportionment. The wages of the teacher must in all cases include board, if this is contracted for separately. It is required that the Clerk report. the average attendance of the scholars at school. The war to find this average, is to add together the number of days eaek scholar has attended school, and divide this sum by the whole 84 COMMENTARY ON THE SOIIOOL LAW. number of scholars; this will give the average number of days; divide this by 22 and it will give the average number of months. In reporting the financial statistics of the district, the Clerk will bo obliged to call upon the Treasurer for a statement. This the Treasurer can always give at once if he has properly kept his books. The Clerk should report only the moneys actually received by the district, and the sums actually paid out by the Treasurer, and not the orders issued. (Sec. 81.) Tlie State Superintendent forwards the blanks for the District Clerks' Reports to tlie Town Superintendent, from whom they are to be obtained. (Sec. 32.) All orders, to be legal, must be drawn by the^Clerk and countersigned hj the Director. The Treasurer cannot test the legality of such an order, as the order itself is a suiBcient voucher for him. (Sec. 83.) It is the duty of the Clerk to furnish a school register, at the expense of the District, for the use of the teacher, in which shall be entered the names, ages, studies, attendance and absence of all scholars attending school. As it is impossible for the Clerk to report to the Town Superintend- ent some of the facts required to be reported, unless this regis- ter is kept, it is important that the Clerk should furnish such register to the teacher, and his willful neglect or refusal to make the requisite entries will cause a forfeiture of wages. (See Form No. 20.) The State Superintendent never furnishes registers. They can bo procured at almost any bookstore. It is also necessary that the District Clerk should make im- mediate returns to the Town Superintendent, of all oflScers elected in their respective Districts, as soon after their election as possible. OF THE ASSESSMENT AND COLLECTION OF TAXES. (Sec. 34.) On or before the fourth Monday of November in each year, the District Clerk is required to deliver to the Town Clerk a statement in writing, verified by his affidavit, showing the amount of taxes voted to be raised at the last preceding COMMENTARY ON THE SCHOOL LAW. 85 annual meeting, and at the first meeting after the organiz- ation of the district, or both, as the case may require, together with a list of persons and corporations liable to a district tax* (See Form No. 20.) The District Clerk is not required to assess the tax, nor to describe tlie real or personal property of those liable to a tax, but only to return the names of persons and corporations so liable. In making up a list of the corporations liable to tax, the Clerk will bear in mind that by the act of April 1st, 1854, rail- roads and plankroads are exempt from all but a State tax, and that only the real property of any bank or banking association can be taxed for school purposes. All other property is liable for school tax the same as for other taxes. In case of a joint district, the Clerk will ascertain the pio- portion to be raised in each part of such district, and deliver a statement and list to the Town Clerk of each town in which any part of the district is situated. (See Form No. 21.) To enable him to furnish this statement, the Town Clerk of each town ia required, on demand, to deliver a certified statement of the real and personal property of that part of the district lying within his town, to the District Clerk. (Sec. 35.) The Town Clerk is required by law to deliver the tax roll to the collector on or before the second Monday of Decem- ber, and if the District Clerk should neglect until that time to de- liver the requisite statement to the Town Clerk, the tax cannot be collected until the following year. Upon delivery to him of such statement, the Town Clerk must give the District Clerk a certificate that he has received the same, stating the amount of the tax, and time when received, which must be filed in the office of the said District Clerk. In all cases school district taxes must be assessed separately, and not aggregated with the Town school tax. It is the duty of the Town Treasurer, to pay over the school taxes, as soon as collected, to the District Treasurers; and in case any taxes are returned to the county as delinquent, it is his duty to pay them over as soon as received. Nor can the Town B6 COMMENTArvY OX TUE SCHOOL LAW, Treasurer use the school tax collected, to make up any defi- tiencv in the State or county taxes. The law reads: "The Town Treasurer shall pay over the full amount of State tax, thouL^i it may occasion a deficiency in the town taxes." The school tax is not a town tax, and the law further authorizes the Tovvn Treasurer to ])ay over the school tax even before the time for the payment of the State and county taxes, before it could he determined whether there was to he a deficiency or not. No Treasurer has any legal right to divert a dollar of the School Fund, or the school tax to any other use whatever. We have frequently answered this point, and upon no one point has more troulde arisen. The intent of the law is plain. It is not the part of justice to make the schools suffer for the neglect of a few who do not pay their taxes. The School Fund is mainly a ^ift from the General Government, and the State in its manase- mentis simply a trustee for a specific purpose, and so regarding it, lias placed in its Constitution a positive prohibition against diverting it to its own iise or profit, or indeed for any purpose whatever, save that for which it has been specially set apart — the Constitution expressly providing that the School Fund "shall be exchifurely applied'" to the purposes of education. The tax levied by the County Board is only a condition of re- ceiving this School Fund gratuity and is in no proper sense a county or a town tax. It is a matter entirely separate, and should be so kept by all who have the managen)ent of it in any capacity. In regard to taxes voted at a special meeting under section 12 of this law, the manner of collection is entirely different. In such a case the District Clerk issues the warrant directly to the District Treasurer, who makes his return to the District Board, and returns the delinquent tax list to the town clerk, !by whom it shall be regularly entered in the next assessment roll of the Town. (See sections QQ to 77, Revised Statutes of 1840, quoted in this law between sections 3ti and 37, for full instruc- tions on this point.) (Sec. 86.) Town Treasurers should be particular in refearn- COMMENTARY ON THE SCHOOL LAW. 8i ing delinquent taxes^ to specify particularly District taxes, so that T\"iicn paid the district may receive tlieir proper share. The sections from the Revised Statutes of 1849, which are quoted between sections 36 and 37, apply only to taxes voted at a special meeting. The District Clerk assesses the tax upon the taxable property of the District according to the valuation in the last assessment roll of the town; and in case the property is not separately valued — part being in one district and part in another — the District Board have authority to estimate the valuation. In case of Joint Districts, the Superintendents of the towns, so in part embraced, equalize the assessment rolls of the towns, so that the valuation in each may be proportionate. The Treasurer must make his return of the warrant within forty days', unless the Clerk extends the warrant, which he may do for thirty days. The Treasurer must return, as delinquent, all unpaid taxes to the Town Clerk, and take his receipt therefor, Tviiich receipt and the tax collected, will in all cases equal the sum charged against him in the warrant. The Town Clerk will, in the next assessment roll of the town, enter such delin- quent taxes in a separate column, and the Town Treasurer will proceed to collect the same or return them delinquent to the County Treasurer. If errors in the assessment are discovered, even after the tax is all paid, the District Board have power to refund the excess of tax collected. The District Clerk may renew the warrant thirty days, and again renew the same for thirty days with the consent of the Town Superintendent. The warrant must be renewed before it expires. Tenants may recover taxes which they have paid, of the owner of real estate, if no agreement to the contrary has been made. DISTRICT BOARD. (Sec. 38.) It is made the duty of the District Board to purchase or lease such a site for a school house as shall have been designated by the district, (See Form No. 22) and to build, hire, or purchase such school house out of the funds provided for that purpose. (See Form No. 23.) As these are import- 88 COMMENTARY ON THK SCHOOL LAW. ant duties imposed upon the District Board, it is necessary that their authority to act iu the premises should be clearly and dis- tinctly shown upon the records of the district. And for this rea- son, it is absolutely necessary that all votes authorizing such a proceeding should be taken by ayes and noes, and entered at length upon the records. "When the District Board arc required to execute a convey- ance of a school house site, the same form of a deed may be used as in No. 22, except that the party of the second part becomes the party of the first part, and the signatures of the Board are to be made in the same manner as in the form given of a lease. If the District Board remove a school house, buy a lot for a site, or do any other act which they are not by law authorized to do without a vote of the District, it is at their own peril. The voters of the district may ratify their proceedings at a subsequent meeting, but if they do not choose to do so, the District Board are without remedy. The School Law is silent as to the manner of a District Board entering into contract for the building a school house; but as the Board are the special executive officers of the dis- trict, chosen to faithfully attend to its best interests, it is unquestionably their duty to procure such building to be done to the best advantage; and hence, it would always be most discreet 'to enter into such contract (after having given proper notice) with the person offering to do the work to the best advantage, and at the lowest rates, giving adequate bonds for the faithful performance of the work. Such a course would be the safest, and would prevent any trouble that might arise if a looser plan were adopted. There should be two copies of the contract made and signed, one to be kept by the contractor, and the other by the Board. (Sec. 39.) The law provides that "the District Board shall have the care and keeping of the school house and other property belonging to the district," and the question arises as to the ex- tent of the power conferred by this provision, and to what usee COMMENTARY ON Tllli SCHOOL LAW. 89 the school house should be confined bj the District Board. The general principle applicable to cases arising under this provision, is this: that it is the duty of the Board to exercise such general supervision over the care and management of the district school house, as that the instruction of the pupils in the school shall not be embarrassed by any use of the house other than for school purposes; and that the property of the district and the furniture, apparatus, books and papers belonging to the school, or the pupils, shall not be injured or destroyed. Any use of the house is subordination to these restrictions, and not incon« sistent with the main purposes for which it was designed, must be left to the determination and pleasure of those to whom it belongs, whose wishes and directions, in this respect, the Dis- trict Board are bound to carry out. The school house is the property of the district, and subject to its control, within the limitations of the law. The purpose for which it was erected must be pursued, and nothing can be suffered to interfere with that. But when that purpose is accomplished, there is neither reason nor law for prohibiting its application to any object of social or moral improvement which a majority of the voters of the district may sanction. Upon this principle, and subject to the restrictions and limitations referred to, it may be used, out of school hours, and when not wanted for any district purposes, for lectures, debating societies, religious meetings, or any other moral, literary or useful pur- pose, with the approbation of a majority of the district. The District Board are responsible for any damage the school house may receive while being used, for purposes not authorized by the district, by their consent. The people of the district can- not control the school house, but the Board should consult their ■wishes. (Sec. 40.) The Board can fill all vacancies in their number within ten days. Removal from the district vacates the office of the person so removing, and even a temporary removal, which interferes with a proper discharge of the duties of the office, ehould be deemed sufficient to create a vacancy. If the Treas- 1*0 COMMEXTARY OX THE SCHOOL LAW. urer forfeits his bond by any illegal act, and is convicted of ombei;zlemcnt. his office becomes vacant. If the Director refuses to perform any act required, he forfeits ten dollars to be recov- ered before any Justice of the Peace. The Board may under certain circumstances declare the office of Clerk vacant for a determined refusal to carry out the will of the Board, but this power should be exercised only in extreme cases, and after all other means have failed. As the Clerk gives no Bond this course may be advisable to save the district from harm. The Governor has power to declare the office of all officers under bonds vacant whenever a judgment shall be obtained against such officer for a breach of the condition of his bond. For this proceeding against the Clerk there is ample precedent in the law. A Circuit Judge may i-emovc the Clerk of the Court for official misconduct; the Board of Supervisors may remove a County Clerk for the same cause, because the refusal of the Clerk to perform his duties forcibly stops all business, and virtually creates a vacancy. (Sec. 41.) The District Board are authorized to purchase, at the expense of the district, such school books as are necessary for the use of those children attending school whose parents or guardians are unable to furnish them. This duty should never be neglected by the Board, and they should promptly furnish books to such children, when informed by the teacher that they are in need of them. (Sec. 42.) The law requires orthography, reading, writing, English grammar, geography and arithmetic, to be taught in every district school. The District Board may determine what other branches shall be taught. Among these branches thus left to the discretion of the Board are writing compositions and declamation; and the District Board have full power to prescribe these and other additional studies, under such rules as they see fit. There can be no objection to the study of the German language, or pursuing studies in German, provided the required «tudies are pursued in English; but in no case can German be exclusivelv substituted for English. COMMSNTARY OX THE SCUOOL LAAV". 91 Tlie only autlioritj to dofcermiDC what text books shall be used in schools is vested in the District Board, under the advice or recommendation of the State Superintendent. This power should be exercised in every district, and with the twe-fold ob- ject of securing uniformity of text books, and the works of the best authors. The necessity of uniform text books is so appa- rent to every one, that it seems unnecessary to urge upon the District Board the important relation it bears to the success and efficiency of the school. There can be neither order, classi- fication nor system, in a school without such uniformity, for it compels the teachers to divide the pupils into as many classes as there are kinds of books, so that the time that might have beeB devoted to a careful and deliberate hearins; of a class of ten or twelve, where all could have improved by the teachings and corrections of the instructor, is almost wasted in the hurried recitations of as many pupils in separate classes; while in large schools some must be wholly neglected. The teacher will thus satisfy neither himself, his scholars, nor their parents. In case of a refusal on the part of parents to compl}' with all such suitable rcsulations of the District Board in furnishino; their children with proper books, the law gives the Board power to exclude children from school until they do thus comply. The Board should be particularly careful to avoid frequent changes. This will be unnecessary if they use proper care in the selection of the best and most approved text books. Recommendations have been made b}^ this Department of suitable books to be adopted and used in schools; but as in many instances it is impossible to obtain them, let the District Board consult with the teacher and Town Superintendent, and any other persons informed and interested upon educational matters, and determine what suitable books can be obtained. When different books arc already in use from those recommended by the Department, a sudden change might not be desirable; but as soon ag the old supply is worn out, and sooner if the district will sanction it, let the proper change be made — for the profi- 92 COMMENTARY ON THE SCHOOL LAW, ciency of the scholars will greatly depend upon having the best text books extant. POWERS AND DUTIES OF THE DISTKICT EOAUD. The District Board have the power to divide their school into Departments, employing qualified teachers in all the Depart- ments; or two or more districts may unite and form a Union School under the provisions of chapter cxxxviii, General Laws of 1858, as herewith published. The District Board have no authority to levy a tax without a vote of the district. The District Board can not discharge a teacher who has per- formed his duties according to conti'act, without incurring the liability on the part of the district, of paying the teacher for the whole time he contracted to teach. A teacher once hired should not be dismissed, except for imperative reasons, as it breaks up the regularity of the schools, and endangers the pros- perity of the district, and it may not be possible to procure another teacher in time to meet the requirements of law, in maintaining a three months school, in order to share in the ap- portionment. Several cases have ulready come to the knowl- edge of this Department, in which districts will be deprived of their apportionment for this reason. When any portion of the school money is applied to the pay- ment of the wages of a teacher not duly qualified, or is other- wise illegally appropriated, the District Board making such unauthorized expenditure arc personally liable to the district for the amount. Although a scholar has a legal right to attend the school of the district in which he is a resident, his own conduct may de- prive him of that right. If his behaviour is disorderly and uncontrollable, and he persists in a violation of the discipline and regulations of the school, after all legal and proper means have been exhausted on the part of the teacher to secure hia reformation, the teacher should submit the facts to the District Board; and if their intercession proves unavailing, they should COMMENTARY ON THE SCHOOL LAW. 93 expel him from school. For it is better that one should be ex- pelled, than the usefulness of the school destroyed. A teacher has no authority to expel a scholar. A scholar who has been expelled can only be re-admitted on satisfactory evidence pre- sented to the District Board of a determination on his part to comply with all reasonable regulations of the school. The immediate government of the school must rest with the teacher; but his acts are all under the control of the District Board. In all cases, unless it is impossible so to do, the teacher should be sustained by the Board, as an interference on their part, except in his support, weakens his influence, and tends to destroy his authority, and a school without good government is of little use. The District Board have authority to employ a teacher for three months without the direction of a vote of a district meeting. In many school districts it is the practice of the District Board to engage a teacher with the understanding that he shall board with the parents of the children attending school propor- tionably to the number sent. There is no authority for such a contract, and it cannot be enforced on the inhabitants. If by mutual and general consent, such a course is sanctioned and adopted by the inhabitants of a district, it will have the effect to lighten the burden of taxation, and prove otherwise agreeable. If this is not done, there is no other way than to contract to pay the teacher a specified sum per month, or term, and let him board himself; and if the public money is insufficient to pay the teacher, the balance must be assessed and collected upon the taxable property of the district like other taxes. The power to admit pupils from without the district rests en- tively with the Board. The first duty of the district officers is to meet the wants of the children within their own district, and if they see fit they can admit others. In no case can a tuition fee be collected from scholars from without the district— except for attendance on Union or High Schools. In case pupils from without the district apply for admission 94 COMMENTARY ON THE SCHOOL LAW. in the district school, the teacher shouhl be consulted, as he con- tracts to teach the children of a particular district. If he refuses, it would be well for the Board to be governed by his wishes, as he can tell far better than they Ayhether such addi" tions will detract from his usefulness to the scholars of the district. Every person over four and under twenty years of age has a legal right to attend the common school of the district in which he resides, free of charge; but has no legal right to attend the school of any other district, and the District Board of any dis- trict have a right to exclude from their school children not residing therein; Provided, no directions to the contrary have been given by a meeting of the district. Such officers may permit children residing in another district to attend their school; but this should never be done if opposed by a majority of the voters, or if it will in any way tend to discommode the scholars who have a legal right there. The object of the District Board should be, in the first place, to secure, as far as possible, every advantage and facility to the children of their own district for partaking of the benefits of the school. When this is done, scholars from adjoining districts may be admitted if such admission will not operate to the injury of their own. If children from other districts are admitted, it should be without charge for tuition, as its collection cannot bo enforced. The residence of children, as a general rule, follows that of their parents or guardians. The fact that a scholar goes from one district into another to reside, for the sole purpose of attending school, does not constitute such a residence as to give him a legal right to attend the school. Children under four years of age should never be permitted to attend district schools; and the District Board should never object to the admission of persons over twenty years of age to the school of the district in which such persons reside, unless their attendance will prevent the attendance or proper instruc- tion of those of legal age. COMMENTARY ON THE SCHOOL LAW. 95- The teacher of a school has necessarily the government of it; and he may prescribe the rules and principles on which such government will be conducted. The District Board should not interfere with the discipline of the school except on complaint of misconduct on the part of the teacher; and they should then, invariably sustain the teacher, unless his conduct has been grossly wrong, lest they do greater injury than has already been done. The teacher should at all times consult with the Board, and as far as possible follow their advice and direction in all matters of discipline. The law does not prescribe what punishment may be inflicted by a teacher in the government of a school; and the practice of inflicting corporal punishment has no sanction but usage. The teacher is responsible for the maintenance of good order, for without order there can be no proficiency in the school; and he must be the judge of the degree and nature of the punishment required, as circumstances arise, always acting dispassionately, and with an earnest desire to do that which will most advance the interest of the school, and the reformation of the offender. But the teacher is liable to the party injured for any abuse of a prerogative that is wholly derived from custom. It would always be advisable for teachers, as far as possible, to avoid corporal punishment, as tending to debase and harden the minds and feelings of the scholars. If such punishment is ever inflicted, let the offender be punished in private, and not make his dis- grace a public spectacle; and by thus showing respect for the finer feelings of our common human nature, much would be done towards removing the occasions in^ which corporal punishment would ever seem necessary. When a person enters into a contract with a district as teacher, he engages to teach the school seven hours, including the usual intermissions, each day, and no longer, unless particularly specified in the contract; and his authority over the t^cliolars extends only to the school house and play-grounds. For he might, with the same propriety, be expected to teaehihe scholars beyond the usual time, each day, as that he should govern tliem 96 COMMENTARY ON THE SCHOOL LAW. beyond that time, while coming to and going from school. It ia customary with teachers to make the conduct of their scholars, at all times, a subject of inquiry and advice, having a pride in observing 'proper deportment ,on their part, on all occasions; but they have no authority, nor can they be required to examine into their conduct out of school hours, and beyond the grounds of the school house. School money can be applied only to the benefit of such schools as are established by the District Board in pursuance of law. A select school established and supported by the patrons thereof, and for their sole benefit, is not a common school within the meaning of the law, and is not entitled to public money. To receive aid from the State, the school must be free to all children between four and twenty years of age, and must be under the supervision and control of the legally appointed school officers. No tuition fee can be charged. TOWN SUPERINTENDENT. (Sec. 44.) In case the Town Superintendent fails to give the proper bond, the Board of Supervisors can make a tempo- rary appointment. Special town meetings may be called by the Town Clerk upon the request of twelve qualified voters, for the purpose of choosing officers to fill any vacancies that may occur. (Sec. 45.) It is the duty of the Town Superintendent to divide the town into a proper number of districts. It is not necessary that he should wait for a petition from the inhabit- ants, although he should endeavor as far as possible to consult the wishes of all interested. In altering districts, every direc- tion of the law must be strictly obeyed. The description and number of each school district must be filed with the Town Clerk, and by him entered in a book kept for that purpose. A map of the town showing the boundaries of the districts should also be filed with the Town Clerk. The Town Superintendent should be particular on this point, as the records constitute the legal proof of the organization and limits of the districts. In regard to the payment of school taxes, the meaning of the COMMENTARY ON THE SCHOOL LAW. 97 law ie plain. No monies raised and collected in any town for school purposes, should be paid to the County Treasurer, but be retained by the Town Treasurer, and paid by him to the Town Superintendent on application. The School tax levied upon towns by the County Board, is not a county tax. The State makes the county its agent to distribute the School Fund, and hence requires the county to see that the requirements of law, in relation to the tax levied upon the towns, are complied with; but this power to superintend the tax levy, does not make the tax a county tax^ so that the taxes levied upon towns by the county board, are not to be paid to the County Treasurer, but to the Town Superintendent; otherwise there would be a per centage taken twice — once by the Town Treasurer and once hj the County Treasurer. Moneys received from the County Treasurer, and the proceeds of the tax levied, for school purposes, by the County Board, are to be apportioned per scholar, but taxes levied by towns for school purposes, are to be distributed according to the assess- ment roll, so that each district may receive what it has paid, unless the town, at the meeting voting the tax, shall have voted to apportion the tax per scholar. It is also the duty of the Town Superintendent to see that the reports of the district clerks are made. He cannot correct the reports, but he can see that they are correctly made. A little attention to the reports of the Clerks at the time they are made, will enable him to submit a complete report to the Clerk of the Board of Supervisors. District Clerks and Town Super- intendents are particularly and urgently requested to make full and accurate reports upon each subject upon which information is asked. It is the duty of the Town Superintendent, between the fif- teenth and twenty-fifth of September, in each year, to make and transmit to the Clerk of the Board of Supervisors in his county^ a report in writing, bearing date on the fifteenth of Septem* ber, of the year of its transmission. Such report mustbema without necessarily having the Jeasb connection with scctariam's™. Enough, I trust, on these points has already been adduce^A.- With the weighty opinion of & Washington, a Franklin^ afi Adams, a Jefferson, a Burkb, a Brougham, a Webster, a. Stowe, and a Mann, among Prot- estants, and of a GuizoT, a WysE and a Mellleur among the enlightened educators of Catholic countries, together with the almost universal experience of this country, and my own per- sonal observation of nearly forty years, lam unwilling to believe that any other than the happiest results would be likely to follow a discreet, un-sectarism use of the Bible in public schools, tho inculcation of moral duties and obMgations, and the opening of daily sessions of school with prayer. A recognition of God as ruling in the affairs of men is sub- stantially found in the Declaration of Independence, in tho Constitution of the United States, and the Constitution of Wis- consin.* Christianity is everywhere incorporated in the law of * The Boston Investigator, the avowed orphan and exponpnt of the Free Thinkers of this country, has charged me with making; a "false statement" in asserting that "a recognition of tJod. as ruling in the aff.iirs of mec, is sub- stantially found in the Declar.ition of Independence, in the Constitution of tho United Btiites, and the Constitution of Wisconsin." The signers of the immor- tal Declaration of Independence expressed in that instrument their "firm reliance on the protection of Divine Providence;" and the Constitution of this St «te commences with the declaration, '* We, the people of Wisconsin, grateful to God for our freedom," &c. So far, then, as these two State papers are concerned, they not only substantvtlhj but positively^ recognize God as ruling in the affairs of men. I was fully aware of this when I penned the sentence that the Boston Investigator now so boldly denies: and as the Constitution of the United States was less explicit, I made the qualification that such recognition is •' substantialh/ found" in those three State papers. In two of them, the re- cognition is positive; in the other tho "■substance''^ is found, as I shall proceed to show. While the word "God" is not expressed in the Constitution of the United f't'^tes. yet twice in that instrument are oaths or affirmations provided — tho rresMent being rerpiired to ••solemnlij suenr^' that he will fiilhfuUy perform tho duties u' his office and preserve, protect, an I defend the Constitution ; and the Scnato.s ,111,1 Representatives in Congress, members of the several State Legisl itures, und all executive and judicial officers, both of the United States and of the sevei-a\ States, ''shall be bound by oath or affirmation, to support the Constitution " What, then, is the navvire of an oath? Daniel WEiJSTEU,thp great expounder of the Constitution, declirvcs. that " We hold life, liberty, and property in this country upon a system of vMis; oaths founded on a religious lieliet of somo sort. And that system Avhich \'ould strike away the great substratum, ilestroy the safe possession of life, liberty, rtt\d pioperty", destroy all the insti'utions of civil society, cannot and will not be coh>idered us entitled to the protecion of a court of eqiii'y." Judge Sioiiy. in his Commentaries on the Consli'ution, refer- ring to (he President's oath of office, observes: '• it is a suitable pledge of his fi lelily and respoiisiliility to his country; and creates upon his concience a deep sense of duty. Ijij an anjjcal at once, in tl-e prexmre of Gon and man, to the most sacred and solemn sanctions which can operate on the human viind.'' IN PUBLIC SCHOOLS. 147 the land. Ifc is recognized by Congress and by State Legisla- tures, and by the laws they enact, as well as by all our Courts of Judicature. The recognition of the Christian Sabbath, and of the religious obligations of oaths, the incorporation of so many of the laAvs of God, as recorded in the Bible, into the funda- mental laws of the land, and the universal respect pa.d to relig- ion and religious observances, all tend to prove that the silent, yet all-powerful influences of Christianity are indissolubly inter- woven in our laws and pervade all classes of society. That God governs in the affairs of meii, was the deep conviction of the eminent philosopher, Franklin ; and in every thoughtful human heart there is an intuitive acquiescence in the truth of this profound remark. Wasuinqton presided over the Constitutional Convention, and when the oath of office as President was administered to him by Chancellor Livingston in 1789, he declared in his inaugural address, that -it would be peculiarly improp- er to omit, in this first official act, my fervent supplications to that Almighty Being who rules over the universe — who presides in the councils of nations — and whose providential aids can supply every human defect, that His benedic- tion may consecrate to the liberties and happiness of the people of the United States, a government instituted by themselves for these essential purposes; and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the Great Author of every public and private good, I assure myself that ifc expresses your sentiments not less than my own; nor those of my fellow citizens at large, less than either. No people can be bound to acknowledge and adore the invisible hand which conducts the affiirs of men, more than the people of the United States. Every step by which they have advanced to the character of an independent nation, seems to have been distinguished by some token of providential agency; and in the important revolution just aicomplished, in the system of their united government, the tranquil deliberations, and voluntary consent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most governments have been established, without some return of pious gratitude, along with an humble an- ticipation of the future blessings which the pa-1; seem to pres ige. 'i hese reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be suppressed." President Madison, who is regarded as the Father of the Constitution, and was the master-spirit of the Convention which formed it, observes in his first; inaugural address, '■ We have all been encouraged to feel the guardianship and guid ince of that Almighty Bking, whose power regulates the destiny of nations, whose bles.sings have been so coiispicuoisly dispensed to this rising Republic." Jefferson, in his first inaugural .address, " acknowledged and adored an over-ruling Providence" in the affiirs of men. The Constitution of the United States recognizes God as ruling in the affairs of men. by the si)lemn oaths of office which it imposes; sanciioiicd by Wash- ington, Franklin and Mauison, who were members of the Convention wiiich framed it: sanctioned hy every successive President taking that solemn oath, administered upon the hibie; sanctioned by all the Prcsidt^n^s, in their inaugu- ral addresses and annual messages; and further sanctioned by the interpreta- tions of all our great consdtution il expounders;. The f'onstitution farthennore, nt its close, recognizes ••our Lord" in recording the )neiiiora|3le year of ita formation. Thus, it will be seen, that there is substantially a recognition of God, as ruling in the affiirs of men, in the peclarition of Independence, tho Constitution of the United ijtates, and the Constitution of Wisconsin. L. C. D. 148 MORAL AND RELIGIOUS INSTRUCTION " There is nothing," says Webster, "that we look for with more certainty than this general principle, that Christianity is part of the law of the land. This was the case among the Pu- ritans of New England, the Episcopalians of the Southern States, the Pennsylvania Quakers, the Baptists, the mass of the followers of Whitfield and Wesley, and the Presbyterians; all brought and all adopted this great truth, and all have sustained it. And where there is any religious sentiment among men at all, this sentiment incorporates itself with the law. Everything declares it. The massive cathedral of the Catholic; the Epis- copalian church, with its lofty spire pointing heavenward; the plain temple of the Quaker; the log church of the hardy pio- neer of the wilderness; the mementoes and the memorials around and about us; the consecrated grave-yards, their tomb- stones and epitaps, their silent vaults, their mouldering con- tents; all attest it. The dead prove it as well as the living. The generation that are gone before speak to it, and pronounce it from the tomb. We feel it. All, all proclaim that Christi- anity, general, tolerant Christianity, Christianity independent of sects and parties, that Christianity to which the sword and fagot are unknown, general, tolerant Christianity, is the law of the land." If it be true, then, that Christianity pervades all the ramifi- cations of society, why should we wish alone to exclude it from the nurseries of education ? It has been decided by the Vice Chancellor, in the highest court of England, that " Courts of EQUITY, IN THIS COUNTRY, WILL NOT SANCTION ANY SYSTEM OF EDUCATION IN W^HICH RELIGION IS NOT INCLUDED." FrANKLIN said to Paine, when advising against the publication of one of his infidel works, ^^ Don't unchain the tiger! If men are so bad with all the restraining influences of the Christian religion, what would they be without them !"* Jefferson remarked to Webster, "Burke never uttered a more important truth, than when he exclaimed that a religious education was the cheapest defense of nations." A prominent secular newspaper of our country, the New York Courier c^' JSnquirer,i ecent]y remarked: " It will not bo denied by any man, whether religious or other- wise, that the effect of personal religion upon the individual — * The Boston Tnveistigator^ in its strictures on this Circular, has seen fit to us& this language: "The man who has the effrontery to assert, as he does, in the- Circular of which we are speaking, that Franklin wrote against one of Paine'^ ■works which was not commenced until after the former was dead more than three years, willj^not be likely to be more magnanimous than intelligent." It is, nevertheless, "in the highest degree probable," as Jared Sparks observes, that Paink submitted to Franklin a deistical manuscript as early as about 1787; and Franklin's reply contains not only what I have quoted, but much more quite as pointed and significant. See Sparks' edition of the Works qf Franklin, vol. x. p. 281, 282. L. C. D. . IN PUBLIC SCHOOLS. 149 and, as a necessary result, upon society, wliich is but an aggega- tion of individuals — is iu the highest degree happy, important and desirable. In the allaying of unruly passions, the ameli- oration of selfishness, the uprooting of immorality and vice, the security of life and property, the steadying of trade, the in- crease of industry — all these upon motives far higher and more reliable than any mercenary ones — its advantages are palpable, and are admitted on every side." Shall it ever be deemed a sacrilege — a desecration of the noble and holy purposes of education — a blighting injury to the morals of our "beloved children, to permit the teachers in the public schools of Wisconsin to read a portion of the Sacred Scriptures, offer a prayer invoking the blessing of God upon their labors and the efforts of the childreii committed to their charge, or re- peat the Lord's Prayer, all beautiful, as it is, in its simplicity and adaptation to the wants of all; or impress upon their young and susceptible minds those incomparable teachings, derived from the Bible, touching their moral duties to their parents, to each other, to society and to God ? I confess I cannot conceive how there could be any reasonable objection, any possible harm, in all this — untinctured with sectarianism as it would and should be; but, on the contrary, enduring good, in my opinion, would be the inevitable consequence. There could be no more beautiful spectacle, none more truly ennobling, than a teacher inculcating and enforcing moral duties upon the young — love to parents, brothers, sisters, companions — love to the race of man, and love to the Giver of all good; love of country, truth, honesty and virtue — charity to the poor and unfortunate, and kindness to the brute creation; — in a word, pressing upon their attention those foundation principles which alone can make them good children, good men, good women, and good citizens. And such instructions can be imparted by the judicious teacher at suitable opportunities, without ever for a moment trenching on sectarian peculiarities. Such is the abiding conviction, and such the practices of the civilized world. I am sure that the people of Wisconsin, who are generally conceded to possess as much virtue and intelli- gence as the citizens of any of their sister States, would never consent to utterly banish the Bible from their schools, and thus virtually repudiate its unequalled teachings of virtue and mo- rality as unfit for the instruction and gaidance of the children of their love — children who, at no distant day, must become the rulers and law-givers of the State, and the custodians of all that we now hold dear and sacred, our homes, our country, Christi- anity and the Bible. I would not force the attendance of scholars, against their 160 MORAL AND RELIGIOUS INSTRUCTION parents' or guardi.ans' "will, on the exercises of reading the Scriptures and offering prayer. The conscientious scruples of men arc always deserving of respect; and no School Board, or liberal community, would Avisli to he arbitiary or overbearing in matters of conscience. In all such differences of opinion, there are necessarily two parties, and each have their rights; and these shoulil be equally respected, so far as it is possible to do so. Where there arc any honest objections to such exercises — and the School Board should be the judge in such cases — then it might be a ivisable to have these exercises conducted a little before the regular hour for opening the school, as I learn has been the case in the Watertown schools, or if in school hours, that such scholars might be permitted to retire; so that the children and wards of parents and guardians conscientiously objecting to their attendance on these exercises, might not be compelled to be present. If a majority ol the School Board prefer to have the common version of the Bible read in school, it is their right to claim their preference; if a majority prefer to have Douay or Catholic edition read, it is their equal right to have it — but, in a matter of this kind, the Board in fairness and justness should faithfully represent the wishes of the district. But let the Bible be read» whatever bo the version, reverently and impressively, and the blessing of the God ot the Bible will never fail to attend it. If the teacher sees proper, with the consent or approval of the School Board, to make remarks to his school of a moral character and application, he should be extremely cautious, and not travel out of his way to lug in anything that could, even by the most fastidious, be construed into a sectarian tendency. Such conduct would be bigoted, uncalled for, and unjustifiable — a direct infringement of the Constitution, and a violation of all confidence reposed by the district in the judgment and pro- priety of the teacher; and would, in my opinion, be sufficient cause for his dismissal. Thousands and tens of thousands of judicious teachers, in the Old ^V^orld and the New, constantly impart moral instruction to their pupils, without ever once obtruding, or desiring to obtrude, their views or opinions upon religious tenets or sectarian differ- ences. I should have no fear of any such narrow-minded obtru- sions, and violation of good faith, in the teachers of Wisconsin; while, on the other hand, to carry out the true spirit of moral instruction, on all suitable occasions, devoid of all sectarian tendencies, would, beyond all question, make the most enduring "beneficial impressions. It would be folly, nay worse than folly, to say that no moral instruction whatever should be given in our public schools. It is done every day, in every school of the IN PUBLIC SCHOOLS. 151 land — for nearly every text-book, from the primary reader to the higher works oil philosophy, geology, a.n(l intellectual science, convey very properly more or less moral instruction, a^nd none think of branding them as sectarian. But, you may ask, may not a majority of the School Board, if they see fit, utterly refuse to tolerate the Bible, prayer, and moral instruction in the public school ? We might obstinately and insanely refuse food for our perishing bodies, as -well as for our craving immortal minds, but we should only spite and injure ourselves by so rash and suicidal an act. I have no doubt the Board might legally thrust the Bible from the school-house, and stifle the voice of prayer, for these are not among the studies especially prescribed by law; but they may very properly be re- garded as among the "such other branches of education as may be determined upon by the Board," as the law allows, if the Board think pro[ier to include them. The District Board, too, under the advice of the iSuperintendent of Public Instruction, have power to determine the text-books to be used; and I should ever feel bound to regard with special favor the use of the Bible in public schools, a pre-eminently first in importance among text-books for teaching the noblest principles of virtue, morality, patriotism, and good order — love and reverence to God — charity and good will to man. LYMAN C. DRAPER, State Superintendent. APPENDIX. APPENDIX. FORMS FOR* THE USE OF OFFICERS. No. 1. Form of notice, to be given by the Town Superintendent to the Town Clerk, of the formation of a new school district. To the Town Clerk of the Toivn of ■ I have this day formed a new school district in the town of to be called "School District No. — of ," of which the following is a description: [Here mention the sections and parts of sections, or other sub- divisions of which such district is composed, or describe tho boundary.] Such formation will take efiect on, the day of ^ , 18-. Dated this day of , 18 — [Signed.] ^ A. B. Town tiuperinteyident of Schools of the Town of •. No. 2. Form of notice, to be given by the Town Superintendents to the Town Clerks, of the formation of joint school district. To the Town Clerk of the Town of ; We have this day formed a new joint school district, composed of parts of the towns of and , to be called "Joint School District No. of and ," of which the fol- lowing is the description: [Here mention the sections and parts of sections, or other sub- divisions of which the district is composed, or describe boundary.] Such formation will take effect on the day of , 18 — . Dated this day of , 18 — . [Signed.] A. B. Town Superintendent of Schools of the town of . E. F. Town Superintendent of Schools of the town of . NoTTC. — In case the district is composed of parts of more than two towns, of' tourse the form must be changed to correspond, and the notice given to the Clerk of each town in which any part of the district so formed is situated. 20 156 FORMS. No. 3. Form of Notice of the first meeting of a School District, to be delivered by the Town Superintendent to a taxable inhabitant of the district. To A. B. taxable inhabitant of School District No. — of . The Town Superintendent of Schools of the town of , having formed, on the day of ■ , 18 — , a new district in said town, called "School District No. — , of ," of which the following is a description: [^Here describe the district as in Form No. 1.] You are hereby directed to notify every qualified voter of said district to attend the first meeting thereof, which is hereby appointed to be held at the house pt , in said district, on the day of , 18 — , at o'clock in the noon, by reading this notice in the hearing of each such voter, or in case of absence from his place of residence, by leaving thereat a written notice of the time and place of such meeting, at least five days before the time appointed for such meeting. Dated at , this day of , 18 — . [Signed,] A. B. Town Superintendent of Schools of the town of . Note. — If it is a joint district, the notice must be signed by the Superintend- ent of each town in which any part of the district lies. No. 4. Form of Notice of first meeting to be left at the residence of a voter when absent. To A. B.:— By direction of the Town Superintendent of the town of , you are hereby notified that the first meeting of school district No. , of , recently formed, will be held at the house of , in said district, on the • day of , 18 — , at o'clock in the noon. Your attendance is requested. Dated this day of , 18 — . [Signed,] G. H. ^ Person appointed to give notice. No. 5. Form of Return to be indorsed upon notice received from Town Superintendent on the formation of a School District. I hereby certify that I have notified the following named per- sons \^Here give the names in full,'] personally, and the following named persons [^Here insert names,] by copy, according to the direction of the within notice. Dated this day of , 18 — . [Signed,] G.B.. Person appointed to give notice. FORMS. 167 No. 6. Form of Notice of a meeting of a School District, to be delivered by the Town Superintendent, to a taxable inhabitant, in case there is no officer to call a meeting. To A. B., a taxable inhabitant of school district No, — o/i : You are hereby directed to notify every qualified voter of school district No. — ■ — , of , to attend a meeting thereof, which is hereby appointed to be held at the house of , in said district, on the day of , 18 — , at o'clock in the noon, by reading this notice in the hearing of each such voter, or, in case of absence from his place of residence, by leav- ing thereat a written notice of the time and place of such meet- ing, at least five days before the appointed time for such meet- ing. The following is a description of said district: \^Here de- scribe the district as in Form No. 1.] Dated this day of , 18 — . [Signed,] A. B. Town Superintendent of Schools of the town of . No. 7. Form of acceptance of office by District Officers, to be filed with the District Clerk. I hereby signify my acceptance of the office of of school district No. , in the town of , to which I have been elected. [Or if appointed, say, "to which Ihave been appoint- ed to fill a vacancy."] Dated this day of , 18 — . [Signed,] G. H. No. 8. Form of Notice of Annual District Meeting. Notice is hereby given to the qualified electors of school dis- trict No. , of the town of , that the annual meeting of said district for the election of officers and the transaction of other business, will be held at , on the last Monday, being the day of September, at 6 o'clock in the afternoon, [unless some other hour ivas determined upon by the district at the pre- vious annual meeting."] Dated this day of 18 — . [Signed,] 0. D. District Clerk. No. 9. Form of Notice of Special District Meeting. Notice is hereby given to the qualified electors of school dis- trict No. , in the town of , that a special meeting of 158 ■ FORMS. Baicl district will be held at , on the day of , 18 — at — o'clock in the noon, for the following objects: [^Rere particularly specific each item of business to be acted upon.^ Dated this day of — — , 18 — . • [Signed,] C. D. District Clerk. No. 10. Form of Notice for an Adjourned District Meeting, when such meeting ha« been adjourned for a longer period than one month. Notice is hereby given, that a meeting of the qualified electors of school district No. in the town of , will be held afc , in said district, on the ■ day of , 18 — , at o'clock in the afternoon, pursuant to adjournment. Dated this day of , 18 — . [Signed,] C. D. District Clerk. Note. — The foregoing notices must be posted in four prominent places in the district, one of which shall be the outer door of the school house, whenever there is one in the district. No. 11. Form of Certificate to be given by the Town Superintendent in cases where a larger sum than $500 is necessary to build a School House. I hereby certify that it is my opinion that the sum of dollars should be raised in school district No. of the town of , for the purpose of building [hiring or purchasing^ a school house for said district. Dated this day of , 18 — . [Signed,] * A. B., Town Superintendent of Schools of the town of . Note. — In case of a joint district, the certificate should be made and signed by a majority of the Superintendents of the towns in which such district ij situated. No. 12. Form of Notice to be given by the Clerk of a District School Meeting, to the Officers elect who were not present at the meeting. To ; You are hereby notified that at a meeting of school district No. — in the town of , held on the — day of , 18 — , you were duly elected of said district. Dated this — day of , 18 — . [Signed,] C. D., Clerk of said Meeting. NoTK. — This notice is required to be given within five d;iys after the meeting and only to those perions elected who were not present at the time. FORMS. 159 No. 13. Form of Refusal to accept District Office, to be filed vritli the Clerk of the district. To the Clerk of school district Ho. — in the town of- You are hereby notified of my refusal to accept the office of — , to which I was elected at the meeting of said district held on the day of , 18 — . Dated this — day of , 18 — , [Signed,] G. n. Note. — This notice of refusal must be filed within ten days after the election, or the person will be deemed to have accepted the office, and be liable to fine for non-performance of duty. No. J4. Form of Order on Treasurer for Moneys to be disbursed by School District. To A. B.f Treasurer of School District No. in the town of : Please pay to , the sum of dollars out of any money in your hands, not appropriated, belonging to said district. Dated this day of , 18—. [Signed,] C. D., District Cleric. G. H., Director. No. 15. Form of Annual Report to be submitted by the District Treasurer to Annual Meeting. I, A. B., Treasurer of school district No. in town of , submit the following report to the annual meeting of said district, of all moneys received and disbursed by me since the last annual meeting: Amount received from my predecessor, - - $10 00 . « " " Town Superintendent, - 75 00 " raised by tax in district, and received, - 300 00 Total received, ... - $.385 00 I have paid out, On order of District Clerk, Dec. 3d, 18— ,$20 00 " do do Jan. 10th, 18— 40 uO " do do Feb. 1st, 18— 10 00 " do do " 27th, 18— 55 00 « do do May 10th, 18—, 80 00 « do do June 11th, 18— ,170 00 $375 00 Leaving a balance on hand of - - - $10 00 160 FORMS. . The taxes assessed upon the taxable property of the district during the year have been — For building a school house, - - . - $250 00 « fuel, 10 00 " blackboard, 5 00 " outline maps, 15 00 " teacher's wages, - - - - - 20 00 $300 00 All of which is respectfully submitted. Dated this — day of September, 18 — . [Signed,] _ ^ A, B., Treasurer of district No. — of the town of , Note. — The report should simply state the facts as required by law, and the aboYe form may be of some aid in arranging the items of the report. The final report of the Treasurer should show all the moneys which have come into his hands during the term of his office, with the total disbursements, and should be in the same form as his annual reports. No. 16. Form of Bond of District Treasurer to be filed with the District Clerk. Know all men by these presents, that we, E. F., Treasurer of school district number of the town of — — , and L. M., his surety, are held and firmly bound unto said school district in the sum of \Jiere insert a sum of double the amount to come into the Treasurer's hands as near as can be ascertained'] to be paid to the said school district, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and admin- istrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this — day of ■ , A. D., 18 — . The condition of the above obligation is such that if the said E. F., Treasurer as aforesaid, shall faithfully discharge the duties of his oflfiee as Treasurer of said school district^ and shall well and truly pay over to the person or persons entitled thereto, upon the proper order therefor, all sums of money which shall come into his hands as Treasurer of said district, and shall, at the expiration of his term of office pay over to his successor in office all moneys in his hands remaining as Treasurer aforesaid, and shall deliver to his successor all books and papers whatever, appertaining to his said office, then this obligation shall be void, otherwise of full force and virtue. Signed, sealed and delivered in ) E. F. [seal] presence of R. S. V L. M. [seal] G. H. ^ FORMS. 161 Form of Appi'oval to he endorsed on the Bond of Treasurer. We approve of the within bond and surety. [Signed, G. H. Director. C. D. Clerh. XoTE. — The same form of bond will answer for the Town Superintendent by making the proper changes, which will readily be noticed. No. 17. Form of Contract between District and Teacher. It is hereby agreed between school district number — of th^ town of , and L, M., a qualified teacher of the town o^ , that the said L. M. is to teach the common school o^ said district for the term of months, (counting 22 days as a month, excepting the usual holidays,) for the sum of dollars per [week or month as the case may be,'] commencing on the day of , 18 — , and for such services, properly rendered, the said district is to pay to the said L. M. the amount that may be due, according to this contract, on or before the day of , 18 — . Dated this day of , 18 — . [Signed,] C. D. ^ District Clerk. L. M. Teacher. Note. — The Director or Treasurer, or both, are to indorse this contract as follows: I \or we'] consent to the within contract. G. H., Director, or E. F., Treasurer, [or both.] No. 18. Form of Annual Report of the Clerk of a School District to Town Superin- tendent. Annual Report of the Clerk of School District No. , of the town of , for the year ending August 31st, 18 — . No. of male children residing in district over the age of four, and under the age of twenty years - - 26 No. of female children residing in district over the age of four, and under the age of twenty years, - 24 Total number of children residing in district over the age of four, and under the age of twenty years, - - 5® Note. — If a Joint District, be particular to return only the children in one town to one Town Superintendent, and those in the other to the other Town Superintendent. 21 163 FORMS. Ko. of children over four and under twenty years of age, who have attended school, 45 No of children under four years of age who have attended school, 3 No. of children over twenty years of age who have attend- ed school, ------ --4 Total number who have attended school during the year, 52 No. of months a school has been taught by Mr. , a qualified teacher, -4 No. of months a school has been taught by Miss , a qualified teacher, 3 Total number of months a school has been taught by a qualified teacher, -_-.___ 7 Wages per month paid Mr. , - . . ^15 50 Wages per month paid Miss , - - - - 8 50 Aver.-ige number of months scholars over the age of four and under the age of twenty years, have attended school during the year, ...... Q Amount of school money received from the Town Superintendent within the year, - - $67 50 Amount of lihrary money received from Town Superintendent within the year, - - 7 50 Total am't received fi'om Town Superintendent, $75 00 Amount raised by tax for teachers' wages, $20 00 *' " " " fuel, - - 10 00 " " " '' black-board and maps, 20 00 « *' " " building school house,250 00 " " " " library 'books, - 00 00 \IIere state the amount raised for any other pur -^ pose alloived by law.~\ Total amount raised by tax during the year, 300 00 Amount received from other sources, - 00 00 Total amount in Treasury during the year, - - 375 00 Amount expended for teachers' wages, " " " fuel, - " " " building school house, " " '• black board and maps, " " " library books, Total amount of expenditures, - - - Amount remaining unexpended. 87 50 10 00 250 00 20 00 - 7 50 $375 00 00 00 — $375 00 Total amount of district debts at date of report, $8 50 Amount due to district from unpaid taxes at date of report, - - - - - - 8 50 FORMS.. 163 Amount of library fines collected, - - - - $8 50 Amount of library fines expended in repairing and replacing books, |3 00 Amount of library fines unexpended, - - 50 $3 50 Whole number of volumes in library, - - 150 « " purchased during the year, 12 " " presented during the year, - 6 " " loaned during the year, (counting eaeh volume one for each time it is loaned,) 120 The text books used in schools are as follows: Spelling Boohs — National, McGuff'ey's Jieading Boohs — National, McGufFey's (xeography — JMonteith & McNally's, Warren's. Aritlimetic — Davies', Ray's. G-rammar — Greene's Elements of English Grammar, Clark's " McEUigott's Young Analyzer. School house, {state whether it is a log, brick, stone or framed,) Value of school house, - ... ^250 00 Site (more or less) than one acre. Inclosed, or not inclosed. School has (o7ie) black-board. (One) set of outline maps. I hereby certify, that the above is a correct statement of the facts required to be reported; that a common school has been taught in this district, during the past year, for [seren] months, by a qualified teacher, and that the library regulations have been complied with. [Signed,] ^ C. D., Cle7'k of school district iVo. , of the toivn of . Dated at , September 1st, 18 — . NoTT!. — In a Joint District report the children in each part of the district to each Superintendent, and not the whole number to any one. Report also the amount of school money received from each superintendent to such Superin- tendent, and add the separate items together. The rest of the report should be the same for each Superintendent. 164 FORMS. 5Si Q) 't^ ^.2 I o , , o o ■^ Cm o o rX3 o -^ o bC P5 s STUDIES AND REMARKS. •iBptJJ •jCBpsinqx ■iCupganpa^ •Xcpsanj; | •yCi,>pnoj\[ •X'Bpjn^jBg •yftjpuj •ifTjpsjtiqx •^ispsanpsjii^ •Xupsanx •i!i3pnoj\[ •ifBpiJJ •ifTjpsjtiqi •jfTjpsanpaj^ ■iCBpsanj, •^iipnoj/^ •ifl3pimT!g •iCupij^ •if^psjnqj, •^^psaapaj^ •j^Bpsanj; •A!t!pnoj\[ ■aSy o o .2 '^ tri o .* ^^^ "-§ c^ =S ;h a == S - £ a) o ^ cs .5 " ^ to O) rr! tS OS a; ft 5 :g V^=2 % 05 ^ aj ?; S u I " Is ^ •= O O u. S ^ S-^ " g " ■-S 2 g O ;.; ^ aj , o i> n 32 '^ r M o aj aj OQ O .9 •* ■ ^ ' "^ sS S •" • o OD g ajrO S 5s^^ Is t , ci "J 53 oS^ tS'rtO cs CI c O o o to "p (3 oi iTl (^ .„ (d t, J3 OS ♦? ^-^ • oo 'p ^< OJ f^ o "5 o naaq aA'sq spoijog sq^noni jo -o^ 93T?J9Ay * •poqog p9pU9^ -aq uaapiiqD eq^noni -o^ aSujgAy * •SJTJS^ OS '18^.0 poqos Snipng^^t; -o^ ■sj'B9jf fisp'i'^ loo^i'S Saipaa^^B -o^ •sjB9if OS "lapun pnB 1^ a9A0 ngjp^tqQ aiBinaj jo -o^ •saT39iC OS •lapun puB t "i^AO naipnqo ^I'^K JO -o^ •aSc JO SJt!9jf OS Jopan put' f .I9A0 '^oij^siq; qoB9 ni 3mpisaj uajp^iqg jo'-o^ U99q SBq looqog sqjnoni jo 'o^ * •nM.ox siqi ut si asnoji looqog aq^ qoiqM. jo spia:)si(i !»U!0f -o^ H M O ;2: ' • • 6 ^ . : : 12;- O ., „ =-5 "S .2" FORMS. 169 .9 a o ^ "t^ 5^ ^ si '1^ ■p9pti8c[x8uiiifouoia ^CiujqiT; i ; -pepuadxaun satii^ S^xvJ.qi'j •p9pn9dx9 sanij iCfcaqiT; •papaixoo S3TIIJ .iCituqiq; •papnad -X9nn .ianotti ifiBiqii jo ijtinoniv •p9AT9a9.i ^Canoui ijT3jqiT; jo 'junoxay ^"69^ siq:} pattBox s9niTi-[0A jo 'O^ •jBai siqi p9:ju9S9jd sauintoA jo -o^ •JB9iC siq^"p9SBT[0cind soumpA jo -o^ij •jfjBjqil m sainntoA jo 'onj 1 i •39U'G,iqiT; ^niop jo -ojyf 1 1 •sau'Eaqi'i jo •ojj •sasnoji xooqog jo uoi^jutixba •S8Sod.rad j9Tj;o aoj pasrej xc^ jo ^junouty •sawBiqii joj XB'; Xq pasrej :}tmoray •s9!jTg puB sesnoH XOOTiog Jtoj XB^ ifq p9sre.i !)unoniy •39S'BAi ^si9Tio'B9i, joj xis'i Xq pgsiuj; ^unoray •papuadxann Snint^raaj ^unoniy O M H P P4 O d Iz; District No. 1 &c. &u. Joint District No. 1 &c. &c. '^ -B •§ < -^ -B :o 3'^sz; ^ 1 so En -^J Sq ^ S " -i^ p fl=^ ;2;P ft :: ,y <2 Si 3 rt ■1 -t^ ^ o 6- i^i^ 22 170 FORMS. No. 26. Form of a Certificate to be given to a Teacher. I do hereby certify, that I have thoroughly examined A. B.) and do believe that he {or she) is qualified in regard to moral character, learning, and ability to teach a common school. Thia certificate is to remain in force, unless sooner annulled, for one year from date, and is to bo of effect in this town only. Given under my hand this day of , A. D. 18 — . [Signed,] A. B., Town Superintendent of Schools for the Toivn of . No. 27. Form of Note aunulling a Teacher's Certificate. Having inquired into certain complaints against A. B., here- tofore licensed by certificate as a teacber of common schools in the town of , and being of the opinion that the said A. B. does not possess the requisite qualification as a teacher, in re- spect to moral character, (or "in respect to learning;" or "in respect to ability in teaching," as the case may be,) and having given at least ten days previous notice in writing, to said teacher, and to the District Board of the district in which said teacher is employed, of my intention so to do, I have annulled, and hereby do annul the said certificate and license, so granted as aforesaid. Given under my hand, this day of , 18 — . [Signed,] C. D., Town Superintendent of Schools for the totvn of . No. 28. Form of Notice to be given to District Clerk -when alteration of the boundariee of a District is contemplated. To C. D.J Clerk of school district No. — of the town of ; You will take notice that I shall be present at {here mention the place) on the day of , 18 — , at o'clock in the afternoon, to hear and decide upon certain proposed alterations of the boundaries of said school district. Dated this day of , 18 — . [Signed,] A. B., Town Superintendent of Schools of the town of . Note. — In case of a joint district, the Superintendent of the tovrn in which the school house is situated will give the notice required to the Clerk of that district; and each Superintendent will give notice to the Clerk of any district in his town to be affected by the proposed alteration. The Clerk will imme- diately notify the other members of the Board, by giving them a copy of tho notice served on him. FORMS. 171 No. 29. Form of Notice of alteration of the boundaries of a School District, when the District Board refuse to give their consent. To 0. i>., Clerk of School District No. — of the town of : I have made an alteration in the boundaries of school district No. , of the town of , as is shown bj the following or- der by me made on the day of , 18 — . ^^Here copy ike order malcing the alteration,'] which will take effect three months from the filing of this notice. [Signed,] A. B., Town Superintendent of Schools of the town of . NOTB. — If the District Board indorse their consent upon the order making the alteration, no further notice need be given than to file the order, so indorsed, with the District Clerk. No. 30. Form of Order ot Town Superintendent in awarding proportion of value -of Property to new Disti-ict. To the District Board of school district No. — of the town of — .' Having formed a new school district, No. , of the town of , in part [or wholly) from the territory of your district, I have ascertained and determined the proportion of value of the school house and other property justly due to such new dis- trict from your district, retaining such school house and other property to be dollars. You are, therefore, to raise and collect by tax upon the taxable property of your district the said sum of dollars, and when collected pay the same to the Treasurer of said new district. Given under my hand, this day of , A. D. 18 — . A. B. Town Superintendent of Schools of the town of . No. 31. Form of Order altering the boundaries of a School District. It is hereby ordered and determined that the, (north half of £he north-east quarter of section No. ten, of town seven north, of range six west,) now a part of school district No. , of the town of , be, and hereby is taken from said school district, and attached to and made a part of school district No. , of said town, for all purposes whatsoever. This order will take effect on the day of , 18 — . Given under my hand this day of , 18. — . A.*B., Town Superintendent of Schools of the Town of . * NoTB. — The Board of each district affected by the alteration, should ©ndorso their consent on the order, as follows : 172 FORMS. We hereby consent to the alteration made in school district No. , of the town of — , agreeably to the within order of the Town Superintendent of said town. Dated this day of , 18 — . G. H., Director, ) Of said school dis- E. F., Treasurer, > trictNo. — ^ of the C. D., Clerk, \ toivn of . No. 32. Form of Bond of Town Superintendent. Know all men by these presents, that we, A. B., Town Su- perintendent of schools of the town of , in the county of , and CD. and E. F., his sureties, are held and firmly Ibound unto the Chairman of Supervisors of said town, in the sum of \lie7'e insert double the amount of all school money to come into his hands during the term of his office,'] to the pay- ment of which sum well and truly to be made to the said Chair- man of Supervisors, we bind ourselves, our heirs, executors tind administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , A. D. 18— . The condition of this obligation is such, that if the said A. B., Town Superintendent of said town of , shall faithfully apply and legally disburse all school money that may come into his hands, according to law, as Town Superintendent of said town of , during the term of his office, and shall faith- fully discharge all the duties of his office, then this obligation shall be void, otherwise shall remain in full force and virtue. A. B., [l. s.] G. D., [L. s.] E. F., [L. s.] Signed, sealed and delivered in } presence of . ) Note. — Ttis bond should be endorsed as follows : I approve of the within bond and sureties. [Signed,] G. H., Ohairman of Supervisors of the Town of > FORMS. 178 q:juoni jcad saSuAV jo (jiinoin'B oSujoav 9AT3q sxoonos sq^noia jo "o^ aSuJCOAy OA'Bq S[ooqos sq'^uora jo 'O^ aSuJOAy aSu JO sj.'bbI jf^nais.^ pm3 jnoj naoM^ -3q uaiptiqo sq^uora jo 'Oj^j aSt'jaAy •Xooqos pspuai^'B OA-cq oqM. asT? JO Sd'cai! if:}n9Av:j jsao uaapxjqD jo -©jsj •poqos papna^fjB aA'cq oqii a2x; JO BJ^a^ jnoj japan ttajpxiqo jo •oj*j • xooqos papuai -:}TJ OA'cq oqAV qSv jo sji3aX ^^uaiicj japnti put; anoj jaAO naapxiqo jo -o^ •asTj JO gj^aiC ^?u9Ai.:j .lapun puB jnoj jaAO TiAS.0^ ut Snipisaj tiajp][iqo jo 'o;^ IiJ^Jox ■qSv jo siTjai! if^naM^ japnn put; anoj .laAO nAv.o^ m Snipisao: uajp^iqo oinraaj jo ■oij •ast! JO SJBa^ ^^uaAi.'j japnn puB jnoj jbao tiAiOi ui 2niptsa.i uajpxiqo a^T^ra jo -ojsj •^qfenij^ uaaq aA^q s[ooqos sqjuora jo o]^ aSBJSAV •spiJ^sip :jnio(' m sasnoq {ooqos jo "O^ • pa:}Joda.t fjon aATjq qoiqAV s)OTj:jsip jo s^j'Bd jo "o^ •spu'jsip JO s^j-ed JO '0^ •pa'jaodaa; cfon aA'eq qoiqii sioii^sip looqos jo "o^ •spu^sip tooqos JO '0^ i ts ■siooqos m pasn ;soni sJBtnaiT?aS jo Bjoqinu jo serac^ •siooqois ni posn ^sora soijaran'jUTJ jo e.ioq^mj jo saral*^ •spoqos ui pasn jsora eajqdBaSoaS jo 8j;oi{?nB jo sauiBfj •siooqos UI p8sn qsora e5[ooq Sntpcoj jo saoqfnu jo' saratjjsi ■siooqos ni posn %eQxa 8:^ooq Sninods ;o saoq!)nu jo souil'^j •sosodjnd joq-jo put; prj no popuod -X3 puB xv% £q posiBj Alouora jo 'junorav •sosnoq looqos uo popuod -xa puB xm iCq posiBj iCauota jo innoray •souTJjqii loi-nsip joj popuod -xo puB XB^ £c[ pasjBa ilau'oni jo ^unoray ■saSuAi (SJoqoBO^ JOJ popuadxo puB XBj Xq posa'j ^anouiy •popnodxoun SnmiBuioj qunoray •sosodand .ioq;o Joj popuadxo Xouora ojiqnd jo junorav •sauiBjq -jl JOJ popuodxo iCauora ojiqnd jo "junoray •soSbm. ^gJoqoBo; JOj piBd jCououi oiiqnd jo ?unoiny • pOAIOOO J XOUOUI JO '^UnOUI'B IB'JO J^ •saojnos joq^o uiojj poAiaoaj junoray •jojnsBajx UAvox UIO.TJ poAiaoaj Xauora jo fjunoray •JOjnsBOJX Auiioo ""-y paAtoDOJ Xauoia jo ■junomv i o m H s < < K P fa £c< rtj Wi- 1^ FORMS. 175 -epTJOB TpTXS 3aipuoj^T3 siidtid p "o^ aSuaaAy •if^nnoD Q^} HI sairaaptioB pa^tjodjooui jo'o^ siootios ijons Smpuajju siidnd jo "o^ aScioAy •g3iui9pt?0B pa^L'aodaoout Vivr[% jaq'jo siootios a^uAud puB ;)03[os jo p^ •paptiadxsun song iCjBJtqji jo innoray • papnadia song jfats jqn jo qunoni y •pa^oano^ saag ifjBaqii jo ^unorav •jBai otn 3uunp paucoi S8inn[0A jo -ojsi •sauBjqji aq? nv m saranpA jo 'o^ •sauBjqjt ^uiofjo -o^ •sauB.iqi^ ^ouqsip jo -o^ •sdBOi auji^Tio !jnoq?m siooqos jo 'o^ • pjBoq-5ioB|q u anoq^iAV siooqos jo -o^ •pasopuaun ga:>TS asnoq xoo^^s jo -o^ •ajoB ano ttBq^ 6S3| Sniaic^fuoo ss^is ssnoq -[ooqos jo -o^ •asnoq looqos jfm? jo uoi^buxba ijsaJiOf]; •osnoq xooqos Kuv jo uoi^jbtii-ba qsaqSiH •sasnoq poqos jo uoijbtiiba IB^joj; ■sasnoq lOoqos 3o[ jo -o^ •sasnon xooqos parasjj jo -o^ •sasnoq xooqos ano'js jo -o^ •sosnoq poqos :qouq jo o^ MAMBS OF TOWNS. -rJoaofiWfeCSW (-.'»->■ 176 FORMS. No. 34. Form of Certificate of District Clerk, attached to assessment roll of taxes as- sessed at a special meeting. I do certify that I have set down in the above assessment roll all the real estate situate in District No. of the town of , county of , and State 'of Wisconsin, liable to be taxed, according to my best information, and that with the ex- ception of those cases in which the valuation has been otherwise fixed pursuant to law, I have estimated the same at what I be- lieve to be the true cash value thereof; that the said assessment roll contains a true statement of the aggregate valuation of the taxable personal estate of each and every person named in said roll, as nearly as I could ascertain the same. Given under my hand this day of , 18 — . i A. B., Glerh of District No. , Toivn of • No. 35. Form of Warrant annexed to assessment roll by District Clerk, for the collec- tion of taxes levied at a special district meeting. The State of Wisconsin to the Treasurer of District No. , of the toum of , county of ; You are hereby commanded to collect from each of the per- sons and corporations named in the annexed assessment roll, and of the owners of the real estate described therein, the taxes set down in such roll opposite to their respective names, and to the several parcels of land therein described; and in case any person or corporation, upon whom any such sum or tax is im- posed, shall refuse or neglect to pay the same, you are to levy and collect the same by distress and sale of the goods and chat- tels of the person or corporation so taxed; and the moneys so collected you are to retain as Treasurer of the aforesaid district, subject to the order of the District Board; and you are further required to make return to said District Board of this warrant with said roll annexed, within forty days from the date hereof, together with your doings thereon, as provided by law. Given under my hand this day of , in the year 18 — . A. B., Clerk of aforesaid District. Note. — The Clerk can renew this warrant for thirty days by endorsing it, "Renewed for 30 days." Dated ,18—. A. B.. District Clerk. FORMS- 177 No. 36. Form of Bond given by the District Board to secure the payment of money borrowed on the authority of sections 100 and 101, of title VII, chapter 23, Eevised Statutes of 1858. Bond. Know all men by these presents, that District No. of the town of , is held and firmly bound unto in the penal sum of dollars, good and lawful money of the United States of America, to be paid to the said , certain attor- ney, heirs, executors, administrators or assigns, for which pay- ment well and truly to be made we bind the said District No. of the town of , ourselves and our successors in office, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , A. D. 18 — . The condition of the above obligation is such, that if the above bounden obligors, or their successors in office, shall well and truly pay, or cause to be paid, unto the above named obli- gee heirs, executors, administrators or assigns, the just and full sum of and in case default shall be made in any of the payments, either of principal or interest, or of any part thereof, at the time or times above limited for the payment thereof, shall pay the whole sum of principal, with the interest which shall then have accrued, upon the demand of the said obligee heirs, executors, administrators or assigns notwith- standing the time for the payment of principal shall not then have elapsed, (it being hereby expressly declared to be a condi- tion of the above obligation that upon any default whatever in the payment of any of the instalments of principal or interest, at the time or times above limited for the payment thereof, the whole principal sum, and the interest which shall then have ac- crued, shall at once become and be deemed due and payable, at the option of the above named obligee, heirs, executors, administrators or assigns) and shall also pay all costs and ex- penses which the said obligee heirs, executors, administra- tors or assigns shall pay, be put to or sustain for attorney's, solicitor's or counsel fees, or otherwise, in addition to any costs or fees which now are, or hereafter may be allowed by law for the collecting the said sum of money, or any part thereof, or of the interest thereon, or any part thereof [or for foreclosing a certain mortgage bearing even date herewith, and given to se- cure the payment of the said sum of money above specified, with the interest thereon, without fraud or delay,] then this ob- ligation to be void and of no effect, otherwise to be and remain in full force and virtue. Sealed and delivered in ) (Signed,) A. B., Bireetor, [seal.] presence of V CD., Treasurer, [seal. J ) E. F., (7Zer^, [seal.] District Board of District No. — , of the totvn of . 23 178 FORMS. Note. — If no mortgage accompanies the bond, omit the •words " or for fore- closing," &c., -which are enclosed in brackets. No. 37. Form of Mortgage given by the District Board to secure the payment of money borrowed in accordance -with sections 100 and 101, of title VII, chapter 23, Revised Statutes, 1858. Mortgage. This indenture made the day of — , in the year of our Lord one thousand eight hundred and , between Dis- trict No. of the town of , of the first part, and of the second part witnesseth that the said parties of the first part, for and in consideration of dollars, in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted and conveyed, and by these presents does grant and convey unto the said party of the second part, heirs and assigns forever, the following described piece or parcel of land, situate in the county of • , and State of , described as follows, to wit : [^Here insert description^ to have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, in and to the above described premises, to the only proper use, benefit and behoof of the said party of the second part, heirs, and as- signs forever. And the said party of the first part, doth covenant and agree to and with the said party of the second part, heirs and assigns, that he is well seized in fee of the aforesaid premi- ses, has good right to sell and convey the same, that the same are free of all incumbrances whatsoever, and that the aforesaid premises, in the quiet and peaceable possession of the said party of the second part, heirs and assigns, against all and every person lawfully claiming or to claim the whole or any part thereof, will forever warrant and defend. Provided always, and these presents are upon tlie express condition, that if the said parties of the first psrt, shall well and truly pay, or cause to be paid, to the said party of the second part, heirs, ex- acutors, administrators or assigns, the sum of dollars, according to the condition of certain , bearing date on the day of , in the year of our Lord one thous- and eight hundred and , executed by the District Board of District No. , town of , to , as collateral security, then these presents and the said shall cease and be null and void. And the said District No. , Town of , doth fur- FORMS. 179 ther agree that they will pay all taxes and assessments of every nature that may be assessed on said premises previous to the day appointed in pursuance of any law of this State for the sale of lands for Town, County, or State Taxes; and also the sum of dollars, as solicitor's fees, in case of the commence- ment of an action to foreclose this mortgage. In testimony whereof, the said parties of the first part have hereunto set their hand and seal by their legal and accredited officers, the day and year first above written. Sealed and delivered in presence of) Director, [«eal. Treasurer, [seal. Clerk, s [€EAL. District Board of District No. — of the town of STATE OF WISCONSIN, ) gg County of . \ Be it remembered, that on the day of , A. D. 18 — before the undersigned, a in and for said county, per sonally eame the above named District Board of said Distric" No. • , Town of , to me known and acknowledge that they had executed this mortgage deed for the uses and pur- poses therein mentioned. No. 38. Form of Notice of determination to form a Union District for High School purposes, to be served upon the Town Superintendent by the District Clerks. To A. B., Town Superintendent of the town of ; The following minutes contain the action of District No. of the town of , in reference to the formation of a Union High School District, as provided in section 12 of chapter 138, of General Laws of 1858: [Here insert the minutes in full, giving the names of those wlio voted for and against the prop o- sitionJ] Dated this day of , 18 — . [Signed,] ^ CD., Clerk of district No. , of the toivn of . NoTB. — The above notice must be served by the Clerk of each District pro- posing to unite in the Union High School District. No. 39. Form of Notice to be given by the Town Superintendent to the Town Clerk, of the formation of a Union High School District: To the Town Clerk of the town of • I have this day formed a Union High School District, in 180 FORMS. accordance with the expressed desire of the districts and parts of districts composing the same, which determination has been properly certified to me as required in section 12 of chapter 138, of General Laws of 1858, to be called Union High School Dis- trict No. , of , of which the following is a description: \_IIere follow form No. 1.] Such formation to take effect immediately. Dated this day of , 18 — . [Signed,] A. B,, Toivn Super inte^ident of Schools^ of the toivn of . No. 40. Form of Application by Town Superintendents, for Webster's Unabridged Dictionary. State op Wisconsin, ) County, \ [Here insert name of Town Superintendent^ being duly sworn, deposeth and saith, that the following Districts in the Town of , County of , and State aforesaid, have never been supplied with Webster's Unabridged Diction- ary, by the State, as provided for by law. Districts unsupplied, Nos. And the following Districts, in the Town and County afore- said, have been supplied: Districts Nos. A. B., Toivn Superintendent. Sworn and subscribed before me, ) this day of , 18 — . \ Note. — Town Superintendents applying for Joint Districts must be particular to state that the School House is situated in their town. Also designate the manner of sending the books in all cases. INDEX. INDEX. ABSENCE: of District Clerk from district meeting, 23, 80 of children from school to be noted, 25, 84 of officers from district, 89 ACADEMIES: to be established. : 6 may share in the Normal Fund. 54 to report to Secretary of Normal Board, 55 what must be taught to entitle them, ... 57 ACCEPTANCE: of office, -when elected, 21, 76 written acceptance, when necessary, 76 of office when appointed, 76 form of, 157 ACCOUNT: of Town Supeinntendent, audited by Town Boai'd, 12, 100 of District Board, for expenses, 23, 82, 83 Town Superintendent, to render to Town Board, 33 " " " successor, 33 District Treasurer to keep, 78 ACTIONS: Director to appear in, 21, 77 on Treasurer's bond, .22, 79 against Town Superintendent, by successor 33 " " " by District, .'. 43,124 District may bring on bond of Town and County Treasurer, 43, 124 costs of, 44 how begun, and by whom prosecuted, 44 how brought against districts, 40, 123 how brought against Treasurer, 43, 124 when justice of the peace has jurisdiction of, 40, 124 ADJOURNMENT: District meetings may adjourn, 19, 70 notice of adjourned meeting, 23, 158 AFFIDAVIT: must accompany appeals, 60 must be made to application for Dictionaries, 51 AGE OF CHILDREN: entitled to attend school, 6, 94 to attend Normal Institutes, 58 over legal age may attend school, 94 ALTERATION: of proceedings, 19 what proceedings cannot be altered 71 ALTERATION OF SCHOOL DISTRICTS: to be made by Town Superintendent, 31, 96 notice of, to be given, 35, 104 town officers may be consulted in regard to, 36, 104 consent of Board to, 36, 104, 105 184 INDEX. when to take effect, 36, 105 of joint districts, how made, 37, 107, 108 when to affect apportionment, 34, 100 cannot be made by State Superintendent, 104 may be appealed from, 37 how aflFecte I by decision of State" Superintendent, 108 form of notice, 170 ANNUAL DISTRICT MEETING: when to be held, 18, 68 powers of, 19 notice of, how given, 23, 83 not to be deemed illegal, 19, 68 what may be determined at, 19, 20, 75 when time for holding passes, how called, 20, 74 mode of proceeding, 69 — 73 special meetings to transact same business, 20, 73. 75 may authorize loan, 44, 125 proceedings of may be appealed from. 37 may form Union District, 46, 125 annual High School meeting, 47 form of notice of, 157 ANNUAL REPORT: of State Superintendent, 9, 10 of Clerk of Board of Supervisors, 38, 109 of Town Superintendent, 31. 97 of District Clerk, 23J 83 of District Treasurer, 21, 78 of Normal Institutes. 55, 59 of Normal Board, 54 Form of Clerk's Report, 161 " Town Superintendent's Report, 168 " Clerk of Board Supervisor's Report, 173 ANNULMENT OF CERTIFICATE: when Town Superintendent may annul. 35 proceedings in regard to, 35, 103 notice of, to be given District Board, 35 rescinds contract with teacher, 103 Form of order of, 170 APPARATUS: district may vote tax to purchase, 19 for High Schools. 47 APPEALS: when may be made, 34, 37 who may appeal, 37, 60 decision operative until reversed, 37 regulations concerning, 60 — 62 decision of how enforced, 108 decision, how conclusive Jind final, 108 no appeal from Town Superintendent to Town Board, 104 APPENDAGES: Board to provide, 23, 82 District may vote tax to pay for, 19 what constitute, &c., S3, 129 APPOINTEES: hold office until next Annual Meeting, 76 must file written acceptance, 76 when to file bond 79 INDEX. 185 APPOINTMENTS- to fill vacancy in District Board, 30; 89 of Normal Regents, 52 Form of notice of, 167 APPORTIONMENT OF PROPERTY: •when made, 36, 106 how, and by whom determined, 36, 37, 107 when made, if Board refuse consent, 107 how money thus obtained must be used , 107 APPORTIONMENT OF SCHOOL MONEYS: by State Superintendent how and when made, 9 made upon reports of officers, 9, 15, 98, 100 when cannot be made by Town Superintendent, 15, 31, 97 when not to be made by Town Superintendent, 32, 98 School taxes voted by towns how apportioned, 31, 95 Notes by State Superintendent concerning, 98 — 100 Clerk of Board to file notice of, 11 how affected by alteration of districts, 33, 100 how made in joint districts, 98 ASSESSMENT: of school district taxes, 25 — 29, 37. 84 — 87 of school tax by County Board, 13 to be recorded by Clerk of Board, 13 amount of, how determined, 13 in case of failure to assess, 14 penalty for neglect of Town Clerk to carry out. 14 how made by district board, 27 how equalized, 27 ASSESSMENT AND COLLECTION: of school taxes, 13, 14, 25—29, 84—87 ASSISTANT STATE SUPERINTENDENT: how appointed, &c 10 ATTENDANCE: of scholars to be registered, 25, 84 of voters at annual meetings, 17, 67 of pupils at Normal Institutes, 59 AYES AND NOES: when vote should be taken by, 70 to be entered upon the records. 73,^125 B BALLOT : vote by necessary to elect officers 70, 76 vote to borrow money must be by 44. 125 BANKS: pay tax on real estate only 85 BLACK BOARDS : how provided 19 a necessary appendage 83 BOARD : for forming or altering districts 36. 104 ^see "County Board"), (see "Town Board"), (see "District Board"), (see "Normal Board"). BOARD OF TEACHER : to be included in wages 93 24 186 INDEX. BOND : District treasurer to execute 22, 78 by -wliom approved and filed 22, 79 of appointed treasurer 22, 79 prosecution of bond of District Treasurer 22, 43, 77, 124 of Town Superintendent 30 failure to give, vacates office 31, 96 action on, by whom brought 33, 43, 124 of Town Treasurer, action on 43 of C ounty Treasurer, action on 43, 124 certified copies of, evidence 44, 124 District Board. &c., authorized to give 45 Governor may remove officers under 90 of District Treasurer, form of. 160 of Town Superintendent, form of 172 of District Board for money loaned, form of. 177 BOOKS : for records and register 25, 84 to be delivered to successor in office 23, 43, 124 to be furnished indigent pupils 30, 90 text-books determined 80, 47 text-books recommended 133 uniformity of 8 BORROWING MONEY : by school districts 44, 125 BRANCHES OF EDUCATION : to be taught in district schools 30, 90, 151 BUILDING : school house 88, 129—133 BUSINESS : what transacted at annual meeting. 19, 70 — 73 " " special meeting 23, 73 " " first meeting 19,67,68 c; CARE: of school house •• 29, 88 CERTIFICATE : of apportionment • 9 of value of school house 20, 74 of teachers, how granted 34, 101, 125 by whom granted to Town Superintendent 35 may be annulled 35, 102 of tax by Town Superintendent 38, 109 of delinquent tax by Clerk of Board 14 of valuation of real estate by Town Clerk 26, 85 of tax voted by District Clerk 25, 85 certificate of judgment 41, 123 of determination to form Union Distrct 47 of teachers, form of 170 CHAIRMAN : of district meeting 19, 69 of supervisors to be associated with Town Superintendent 36, 104 penalty for non-performance of duty 42 CHALLENGE : of voters 18 CHILDREN : age to attend school 6, 94 may be expelled from school 92 INDEX. 18T to be reported by District Clerks 24, 83 attendance to bo registered 25, 83 to be reported by Town Superintendent. 32 to be tlie basis of apportionment 9, 31, 97 Clerk of Board to report 39, 110 where may attend school 94 CLERK OF BOARD OF SUPERVISORS : to file notice of apportionment 11 to furnish copy of documents 11 to transmit copies of resolutions, &c., to State Superintendent, 11, 110 to certify delinquent tax 14 to presei've documents 38. 109 to make annual report 38, 109 to furnish statement to C ounty Treasurer 39 penalty for neglect of duty 42, 124 form of report of. 173 CLERK OF TOWN : to calculate delinquent tax, &c 14 penalty for neglect to assess tax 14 to assess tax 25 to furnish statement of valuation 25, 84 to certify to treasurer delinquent tax 28, 87 to enter unpaid tax in next assessment roll 28 to file Superintendent's account 33 to file annulment of certificate 35 may be associated with Town Superintendent 36, 104 to file copy of notice of formation or alteration of district 104, 105 to equalize valuation in certain cases 37, 108 to file books, reports, &c , 38, 109 to keep map of districts 44, 124 not to certify assessment to State Superintendent Ill CLERK OF SCHOOL DISTRICT : when elected 19 calls special meetings 20, 73 may call special meeting to elect ofBcers 20, 74 term of office 21, 75 to draw orders on Treasurer 24, 84 to record proceedings 22, 79 to notify officers of their election 21, 76 to record Treasurer's report 22, 78 to file Treasurer's bond 22, 79 to be clerk of the district 23, 80 to hire teachers 23, 80 to give notice of meetings 23, 83 to make annual report 23, 83 to furnish School Register 25, 84 to furnish statement of taxes voted 25, 84 how to make out tax list 27, 87 to issue warrant for collection 27, 86 to file certificate of unpaid tax 28 authority to issue warrant 28 may correct tax list 29, 87 may renew warrant 29, 87 a member of District Board 29, 80 when to act as Librarian 39, 113 penalty for neglect of duty 42 penalty for false report 43, 124 penalty for refusal to deliver books, &c., to successor 43, 124 entitled to Journal of Education. , . 46, 125 to certify vote on Union District 46 188 INDEX. to preserve Journal of Education 46, 125 to report library statistics 116 to record ayes and noes 70 cannot teach in his district 82 must sign the annual report 100 form of report of 161 CLERK OF UNION SCHOOL : a member of Board 47 COMMON SCHOOLS: to be free 6 sectarian instruction not allowed 6 how in part supported 6 to be maintained three months in each year 6, 99 School Fund, how distributed to 9 what taught in 30, 90 Town Superintendent to hold proverty of 33 supervision of 35, 103 terms of 75 who may attend 93 government of. 93 COMMON SCHOOL FUND : (see ''Income of School Fund"). COMMUNICATIONS : to State Sujjerintendent ' 63 COMPENSATION : of State Superintendent 7 of Assistant State Superintendent 10 of Town Superintendent 12, 100 paid by the Town Board 100 of Clerk of Board 39 COMPOSITIONS : may be required to be read 90 CONFLICT OF OPINION : how settled between officers 82 CONSENT OF DISTRICT BOARD : required to have alteration of district take effect immediately. . . 36, 105 cannot be given conditionally 105 CONSTITUTION : relating to Common Schools , 5 CONTRACT : to be made by the Clerk 23, 80 to be endorsed by Director 23, 80 must be filed in Clerk's office 23 when not binding 81, 103 when Board individually liable 81, 92 for building school house 88 COPIES: certified copies legal evidence 9 certified copy of bond in evidence 44, 124 of appeal and answer to bo served 60, 61 CORPORATE PROPERTY : Town Superintendent may hold 33 required to entitle institutions to share in the Normal Fund 54 CORPORATIONS : School Districts declared to be 18, 68 own Superintendent to have powers of 33 INDEX. 189 ■which not liable to tax on persoEial property 85 Clerk to furnish list of 25, 85 COSTS: of suit, -who responsible for ... . 44 2bwfTY BOARD OF SUPERVISORS : may authorize specific school tax 11 to levy school tax on towns • 13, 110 to determine tax when no apportionment has been received 13 COUNTY TREASURER : to apply for money apportioned 15 to notify Town Supei-intendents 15 how to dispose of uncalled for school moneys 15 action on the bond of 43, 124 what taxes should not be paid to 9'7 COURSE OF STUDY: in Normal Departments 5T — 59 D DEBTS : tax voted to pay 19 to be deducted on division of property 36, 106 District Board cannot incur without vote of the district 8S DECISION : may be appealed from 37 of State Superintendent, conclusive and final 37, 108 how filed and recorded 61 DECLAMATION : may be required 90 DEED : provisions relative to 29, 86 form of. , 166 DELINQUENT TAXES : to be charged with penalty 14 duty of Clerk of Board in regard to 14 duty of Town C lerk in regard to 14 how returned 26 how paid when collected 26 district tax to be certified 28, 86 eannot be made up from school tax 85 (see also "Taxes"). DEPARTMENTS : Board may divide school into 92 teachers in all must be qualified 92, 100 normal, to be established 59 DESCRIPTION : Clerk to make of taxable property 27 of districts by Town Superintendent 34, 44, 96 of district to accompany appeal 60 DICTIONARY: (see "Webster's Unabridged Dictionary"). DIRECTOR : when elected 19 may call special meetings 13^ 74 term of office 21 , 75 to be member of Board 21, 75 to sign orders on Treasurer 21, 76 to appear in behalf of district 21, 77 190 INDEX. to approve Treasurer's bond 22, 79 to prosecute Treasurer's bond 22, 79 to approve contract with Teacher 23, 81 to certify judgment to Town Clerk 41, 123 penalty for neglect of duty 42 Board of, authorized to borrow money 45 of High Schools, how elected 47 may divide joint libraries 40, 112 DISTRICT BOARDS : who constitute 21, 29, 75 term of office of 21, 75 tow notified of election 21 to provide appendages to school house 23, 82 to assess real estate 27, 87 may refund taxes 29, 87 powers of. 29, 87 to have care and control of house 29, 88 may fill vacancies 30, 89 may purchase books for poor children 30, 90 may determine text books 30, 91, 133 may determine studies 30, 90 may call in town otficers to act with Town Superintendent 36, 104 to consent to alteration of district 36, 105 School Library vested in 40, 111 may choose Librarian of joint libraries 40 authorized to borrow money 45, 126 may give notes, bonds, &c 45, 125 may sign appeals 60 to estimate annual expenses 71 to carry out wishes of people 71 to keep school house in repair 72, 83 to furnish fuel 72 majority of, to select teacher 80 cannot hire unqualified teacher 81 to purchase or lease site 87 individually responsible for illegal acts 88 how to contract for building house 88 may remove Clerk 90 may divide schools into departments 92 cannot levy tax 92 cannot dismiss teacher 92 may expel scholars 93 government of school vested in 93 may admit pupils 93 DISTRICT CLERK : (see ''Clerk of School District"). DISTRICT LIBRARIES : law relating to 39, 40 regulations of, by State Superintendent Ill — 117 (see "Libraries" and "Town Libraries"). DISTRICT MEETINGS : (see " Annual," " Special," and " First Meetings"). DISTRICT PROPERTY: Board to have care of 29 may be sold 19 Town Superintendent may hold 33 how divided, upon division of district 36, 106 DISTRICT SCHOOL : (see ''Common School"). INDEX. 191 DISTRICT TREASURER : when elected > 19 may call special meetings 20, 73 term of office 21, 75 to report to district 21, 78 to pay moneys upon proper orders .... 21, 77 must give bond - 22, 78 office vacant when 22, 78 to prosecute predecessor for refusal to pay over balance 22, 79 to approve contract with teacher 23 »o collect district tax voted at special meeting 27. 79, 86 to return delinquent tax ,• • • • 28, 86, 87 to file certificate of Town Clerk. . . - 28 to possess powers of Town Treasurer for certain purposes 29, 79 a member of District Board 29 penalty for neglect of duty 42 penalty of illegal action 43, 124 action against in case of default 43 when may consider his bond filed 79 when liable to action for embezzlement 77 to apply for school moneys 78 when appointed, when to file bond 79 form of receipt of 78 form of report of 159 when liable on his bond 77, 79 form of bond of 160 DIVISION : of school districts 35, 104 of property ^ 36, 106 of joint libraries 40, 112 form of order of division 171 form of order dividing property 171 E ELECTORS: powers of at town meetings, 12 of districts, who qualified, 17, 66 to assemble when notified, 17, 67 EMBEZZLEMENT: when Treasurer guilty of, 77 ERRORS: in tax list, how corrected, 29, 87 in District Clerk's report, 97, 98 EQUALIZATION: in case of joint district, 27, 87 of assessment in joint districts, 38, 109 EXECUTION: not to issue against district, 40, 123 proceedings on, 41, 123 EXPENDITURES: of district board, how allowed, 23, 82 Town Superintendent to report on, 33 •f library money, to be reported, 33, 115 ©f library fines, to be reported, 114 Board to estimate, , 71 F Town Superintendent cannot receive, 100 192 INDEX. for tuition in Union Schools, 47 for tuition in Normal School, 56 FINES, FORFEITURES, &c.: for refusal to carry out tax, 14 for refusal to serve notice, 42 for refusal to act as chairman, 42 for refusal to serre as officer 42, 124 for neglect of Town Superintendent to report, 42, 124 for disobeying order of State Superintendent, 42 for neglect of Clerk of Board to report, 42, 124 for false report by District Clerk, 43, 124 for refusal to deliver books, 43 for neglect to prosecute District Treasurer, 43 , 124 forfeiture of wages, 25, 84 for false affidavit for Dictionaries, 51 for false report to Normal Regents, 56 FIEST DISTRICT MEETING: notice of time and place, 17, 66 how notice given and return made, 17, 66 notice and return to be recorded, 17, 67 notice in case of neglect to attend, > 17 duty of electors to attend, 17, 69 officers elected at, to file written acceptance, 18, 67 powers and duties of, 19, 69 penalty for neglect to serve notice of, 42 penalty for refusal to serve as chairman of, 42, 124 form of notice of, and return, 156 FORMS: prescribed by State Superintendent, 155 — 180 of notice of formation of new district, 155 •' " joint " 155 of notice of first meeting, 156 of notice of first meeting to be left at residence of voter, 156 of return of notice for first meeting, 156 of notice by Town Superintendent, when there is no officer to call meeting, 157 of acceptance of office , 157 of notice of annual meeting, 157 •' '• special " 157 •' " adjourned'- 158 of certificate that more than $500 is necessary to build school house. 158 of notice of election, . 158 of refusal to accept office 159 of order on Treasurer, 159 of Annual Report of Treasurer, 159 of Bond of Treasurer, 160 of contract with Teacher, . 161 of Annual Report of Clerk, 161 of School Register, 164 of statement of taxes voted, 165 " " " in joint district, 165 of Deed tor site, 166 of Lease of site, 167 of appointment to fill vacancy, 167 of Annual Report of Town Superintendent, 168 of certificate of Teacher, 170 of note annulling certificate, 170 of notice of alteration of district, 170 of notice of alteration, when Board refuse consent, 171 of order awarding property, 171 INDEX. 193 of order determining alteration, 171 of bond of Town Superintendent, 172 of Annual Report of Clerk of Board 173 of certificate of taxes by District Clerk, 176 of warrant by District Clerk, ■ 176 of Bond to secure borrowed money, 177 of mortgage " " " 178 of determination to form Higli School district, by District Clerks, .... 179 of notice of formation of High School district by Town Superintendent 179 of application for Dictionaries, 180 FORMATION: of school districts, 17, 35, 104 notice of, to be given, 35, 104 Town officers to be consulted, 36 , 104 of joint districts, 37, 107 of "High School districts, 46, 125 of joint High School districts, 47 Forms, 155,179 FUEL: how provided, '^^ G GOVERNMENT OF SCHOOLS: Town Superintendent to advise ooncerning, 35, 103 vested in district Board, 93 duties of teachers, > • 93, 95 H HOLIDAYS: teachers entitled to, ^2 HIGH SCHOOLS: may share in Normal Fund, 34 (see "Union Schools") I INCOME OF SCHOOL FUND: how distributed, • 6, 31. 97 when distributed ^. . .9, 14 when not to be apportioned, 15, 32, 98 to be applied in payment of teachers' wages, .33, 98 County Treasurer to apply for, ^^ what constitutes, i ^^ of Normal Fund, • 54 INSPECTION OF SCHOOLS: the duty of the Town Superintendent, 34, 103 J .JOINT DISTRICT: how formed and altered, • • • 3*?, 107 certificate for school liouse, by whom given, *" how apportioned to, ^^ should not be formed., ^^^"^ supervision of, „ -^ ^^^ when formed by chr .nge in town lines. • ^'^'l form of notice of foi .'mation, ■'^^5 JOINT LIBRARIES: how formed and di .vided, ^^i ^^^ librarian of, how ; Appointed, ^'^ vested in whom,. '. 40, 111 governed by the law relating ito district libraries, • . • *..... 116 25> 194 INDEX. JOURNAL OF EDUCATION: who entitled to, 45, 125 how paid for, 46 to be preserved. 46, 125 JUDGMENTS: against districts, how collected 40, 123 how certified, 41 how assessed, 41, 123 JUSTICES OF THE PEACE: to have jurisdiction, 40, 123 to certify judgment, 41 L LEASE: district may lease house or Bite, 19 vote authorizing, by ayes and noes, 87 form of, 167 LIABILITIES: district should vote tax to meet, 19 when incurred, district cannot rescind proceedings, .71 LIBRARIAN: when Clerk to act as, 39, 111 of joint libraries, how appointed, 40 to keep a catalogue, 112 to keep account of books loaned, 112 to examine books, 113 penalty for refusal to deliver books, &c.j to successor, 113 to make quarterly report, 114 to make annual report, 114 to preserve Journal of Education, ^ 116 Treasurer cannot act as, 117 LIBRARIES: District may vote tax for,. 39 vested in district Board, 40 regulations of law, Ill regulations by State Superintendent, 112 Township libraries,. 117 LIBRARY MONET: illegal expenditure of forfeits apportionment, 33 when district not entitled to, 98 LOAN: districts make to build house, 44 length of time, rate of interest, &c., 45 authority to make, shown by the records, 88 M MAPS: Town Superintendent, to make and file, 44, 124 to accompany appeal, 60 MEETINGS: (See "Annual" "Special" and "First Meetings") MISDEMEANOR: when town clerk guilty of, 14 when district clerk guilty of, 43 MONTH: signification of, in this law 81 MORAL AND RELIGIOUS INSTRUCTION: in public schools 136 INT NAMES: of school districts,. .,,...........<,...<..■.• ^ * << - 18 and ages of scholars to be registered, • 25, 84 of voters, lists of, • "^^ of Town Superintendents to be reported, 101 of joint districts, - • 1^1 NEGLECT: of Treasurer to pay moneys to successor, 22 of Teacher to use register, • 25, 84 of officers to accept office, 42 of Town Superintendent to report, .................. 42, 124 of Clerk of the Board to report, , .42, 124 of Clerk to deliver books to successor, ................. .43 of Town Superintendent to prosecute Treasurer, .......... .... .43 " '• apportion moneys, .....43 of person cognizant to complain of Treasurer for embezzlement, .... .77 NORMAL BOARD: how appointed, &c.,.. .52 term of of&ce, 53 annual meeting of, .53 ;M> iM^y provide for addresses, ....................................... 55 jflH course of study adopted by, ,.,....,..., .57 NORMAL REGENTS: (see "Normal Board" ) NORMAL SCHOOLS OR DEPARTMENTS: what entitled to fund, .......... .................................. 54 fund how distributed to, .......................................... 55 reports from, how made,. . ...................................... .55 course of study in, 58 length of term required ...................................... 59 NOTICE: State Superintendent to give, of apportionment, .................... .9 Clerk of Board to give to County Treasurer, ....................... 11 County Treasurer to give to Town Superintendent, 15 of time and place of first meeting,. . . 17, 66 to be recorded, 17, 67 to be given in case of neglect to attend meetings, ............ 17, 20, 74 want of does not render meeting illegal, . . 19, 68 of special meeting, 20, 23, 83 to officers elect, when necessary,.. 21, 76 of intention to annul certificate, 35 of intention to alter district, ..... .35, 104 of alteration of district,. .36, 105 of formation of joint district, 37, refusal to serve as officer,. 76 (see "Forms"). OATH: administered to voter challenged, 18 OFFICERS: of school district .... 21, 85 of Union Districts, , 47 (see "Director," "Treasurer," "Clerk.") ORDERS : Director to countersign .21, 76 Treasurer to pay money on ..,..,,..,....... .21, 76 Clerk to draw ,.....,.,,.., ,...,,. ....24, 84 p«aalty for refusal to pay. ,.,,... 77 196 INDEX. Form of as Treasurer .159 ; { for other orders see ' ' Forms'" ' ) OUTLINE MAPS : how provided 19 should be supplied 131 recommended list of 134 1* PENALTIES : (see "Fines and Forfeitures"). PLANK ROADS : not liable to tax 85 PRINCIPAL OF SCHOOL FUND : what to constitute 5 when income added to 15 PROCEEDINGS OF DISTRICT MEETINGS : mode of described 70 not void for want of due notice 69 i^ ■ . when cannot be reconsidered. 71 PROPERTY : ( see ' 'District Property' ' ) . PUBLIC MONEY : (see "School Money''). PUNISHMENT : no sanction for corporal , 95 Q QUALIFICATIONS : of voters 18, 66 of teachers, how determined 34, 101 of teachers in High School 47 QUORUM : of Board of Normal Regents 53 of voters at district meetings 69 RAILROADS : not liable to district tax S5 REAL ESTATE : , Districts may hold 18 taxes on, how assessed and collected 25 — 29 valuation of, how equalized in joint districts 25, 85 District Board may mortgage 45 High School tax on 47 RECEIPT : of district Treasurer for public moneys 78 RECORDS OF SCHOOL DISTRICTS: who to make and preserve 22, 79 to be delivered to successor 23 method of keeping 73 when vote to be entered on by ayes and noes 70, 125 REFUSAL : of officers to accept oifice 21 when written refusal necessary 76 to keep School Register 25, 84 to serve as officer, penalty for 42, 124 to make Annual Report, penalty for 42, 124 of Clerk to act, vacates office f . .90 INDEX, 19T ■ of Treasurer to pay moneys, deemed embezzlemeiit. . * 77 form of refusal to accept office 159 REGISTER : to be furnished teacher 25, 84 what to contain, &c 25 refusal to keep, forfeits wages, 25, 84 form of. 164 REGULATIONS,: State Superintendent to prescribe & shall cause to be printed and distributed 8 concerning appeals 60 concerning Libraries. 113 REMOVAL : of officer from district vacates office 89 of officers for non-performance of duty 80, 90 of Town Supt. and Town Clerk for disregard of order of State Supt..42 REPAIRS OF SCHOOL HOUSE : tax to defray expenses of to be voted 19 District Board to attend to 23, 72, 82 REPEAL OF PROCEEDINGS : when districts have authority to 19 when districts cannot 71 REPORT : of State Superintendent 9, 10 of District Treasurer 21, 77 of District Clerk. 23, 83 of Town Superintendent , . .81, 97 of Joint district, how made 37, 108 of Clerk of Board of Supervisors 38, 109 penalties for refusal to make 42, 124 penalty for false » 43, 55 of principal of Normal Departments 59 forms of (see "Forms"). RESIDENCE : of children same as parents . 94 RETURN : of notice of First Meeting 17, 67 form of. 156 S SCHOLARS : age of to attend school 6, 94 names, &c. to be registered 25, 84 age of, to attend Normal School 58 when may be expelled 92 duties of teacher respecting < 95 may be admitted from other districts 94 residence of. - 94 SCHOOL BOOKS : District Clerk to report on 24 District Board to determine 30, 91, 133 may be purchased for poor scholars 30, 90' Uniformity of, to be secured 8, 91 list of recommended 134 SCHOOLS : (see "Common Schools"). 198 INDEX. SCHOOL DISTRICTS : formation of, (see "Formation of School Districts"), alteration of (see "Alteration of School Districts"). When duly organized ..... 18, 6? TThen legally organized 18, 67 when organization complete 18, 68 to be bodies corporate 18, 68 powers of 18, 19 officers of , 21, 75 description of, to be filed with Town Clerk 31 , 96 condition of receiving apportionment 32, 98 division of, how affects ajiportionment 33, 100 division of property of 36, 106 may unite libraries 40 judgments against, how collected 40, 123 may commence action on bond of Town Superintendent 43, 124 may borrow money 44, 125 may form High School District 46^ 125 organization of, not impaired by High School Districts, 48 apportionment to (see "Apportionment"). SCHOOL FUND: (see "Income of School Fund"). SCHOOL HOUSE : site of, how designated 19, 70 sale of, how authorized 19, 29 tax to repair, how voted 19 tax to build not to exceed ^500 .20, 74 appendages of, to be provided 23, 82 Board to have care of .29, 88 property in, how divided .36, 106 money borrowed to build .44, 125 authority of Board to be shown by the record .87 manner of contracting to build 88 use of, other than for school pm-poses. .89 hints in regard to .127 SCHOOL LANDS : how sold...... .....7 Town Supt. may sell timber on 12 duty of Town Supt. in case of trespass on .12 SCHOOL MONEYS : may be raised by towns 12 County Board to determine amount to be raised by tax. ....... .13, 110 apportionment of .9, 31, 93 County Treasurer to apply for 15 County Treasurer to give notice of receipt of 15 when added to next apportionment 15, 34 district may determine application of 20 District Treasurer to apply for and receive 21 District C lerk to report concerning 24, 99 Town Supt. to apply for and receive 31 Town Supt. to apportion ', . .31, 98 Town Supt. to report concerning 32 when not to be apportioned 32, 93 accounts of, to be kept by Town Supt 33 apportionment of, in case of division of district. 33, 100 what constitutes school moneys 99 voted by towns how apportioned 31; 97 SCHOOL REGISTER: (seo "Register"). INDEX. 199 SCHOOL ROOM: size, and furniture of. 130 ventilation of 131 SCHOOL TAXES : towns and cities to raise 6 County Board to levy for specilic purposes. 10 County Board to estimate for each town. 13, 110 how estimated when Town has received no apportionment 13 failure to raise, how remedied 14 Clerk of Board to certify delinquent tax 14 Town Clerk to assess delinquent tax with penalty 14 may be voted at Annual Meeting. 19 may be voted to build school house. 19 may be voted at special meetings. 20, Tl Clerk to furnish statement of 25, 84 how assessed in joint district 25, 85 assessment and collection of » = 25, 85 when not assessed in next assessment roll. .26 when delinquent, proceedings on 26, 86 Law of 1849 concerning, revived 26 proceedings under law of 1849 26 — 29, 87 tax upon division of property 36. 106 on what property assessed. .37, 108 may be voted ior library purposes 39 to pay judgment against district, how assessed and collected. . . .41, 123 Union High School tax .47, 125 State Library tax ........................... .49, 117 vote to raise, how taken 72 may be levied to enlarge school house ... 75 when District Treasurer to collect 79 must be assessed separately 85 Town Treasurer to pay to Town Supt. .85 cannot be used to make up delinquent taxes 86 forms to be used, (see "Forms"). SEATS : suggestions concerning 130 SECTARIAN INSTRUCTION: not allowed in school 6 State Superintendent to discourage. , . .8 religious instruction not sectarian 136 SITE OF SCHOOL HOUSE; how designated 19 how paid for 19 vote to alter, to be recorded 87, 88 Board cannot purchase 88 suggestions concerning 127 SPECIAL DISTRICT MEETING : how and by whom called 30. 73 powers of district at 20, 73 how called for electing officers 20, 74 how notice of. to be given 23, 83 what notice of, to speciiy 23. 74 may vote tax 26^ 71 assessment and collection of taxes voted at 26 — 29, 87 of union districts, powers of 47 form of notice calling 157 special meetings of Normal Regents 53 STATE LAWS : to be furnished Town LibraricB 49, 117 200 INDEX STATE SUPERINTENDENT : to have supervision of public Instruction .....,.,. 5 term of office, and how elected 7 compensation of 7 duties of 7 — 9 to determine appeals, &c 7, 37 to make Annual report 8, 10 to certify apportionment 9 where to keep his office 9 to certify copies of papers ■. 9 may appoint assistant 10 traveling expenses .10 Clerk hire, how paid 10 required to furnish blanks 24, 84 to recommend text-books 8. 30, 91 may grant certificates on appeal 34 to fiirnish districts with School Law 44 may subscribe for Journal of Education 45 to direct binding of library books 49 to distribute Webster's Dictionary 51 Regulations by, concerning appeals 60 cannot form or alter district 104 decision of, final upon case as presented 108 regulations by, concerning libraries 112 text-books recommended by 133 STATE TREASURER: to pay apportionment to C ounty Treasurers 15 STATUTES : relating to common schools 7 — 15 SUPERVISORS : (see "County Board of Supervisors"). T TAXABLE INHABITANT : notice to be given to 17 what constitutes 66 TAXES : assessment and collection of . , 25 — 29, 84 — 87 (see also •'School Taxes"). TEACHERS : whether male or female, how decided 20, 75 who to contract with , 23, 80 to keep school register 25, 84 when forfeit wages 25, 84 certificate of, how obtained, &c 34, 101 when Town Supt. may act as 34, 101 may be re-examined 35, 102 certificate of, may be annulled 35, 103 Town Superintendent to advise 35, 103 of High Schools, how qualified 47 Board may hire for three months 75, 93 Clerk to hire qualified 81 contract with to be filed » . 81 may dismiss school holidays 81 Clerk may not act as 82 people should be consulted in hiring 82 Board cannot discharge 92 should be sustained by board 93 has government of school . . 4 ......<«.<> • 95 fNi)EX. 201 in all departments must te qualified * * 100 certificate ot qualification, form of 170 TblNANT: when may recover taxes of owner 29 TERMS ; of school, when should commence 75 TEXT BOOKS : list of recommended 134 District Board to determine 30, 133 (see "School Books"). TOWN BOARD : to audit accounts 12. 100 chairman to act with the Town Superintendent 36, 104 TOWN CLERK : (see "Clerk of Town"). TOWN LIBRARIES : Law establishing 49 Notes on Town Library Law 117 TOWNS: may raise additional school money 1'- TOWN SUPERINTENDENT: account of, how audited. 12, 100 compensation of, 12, 100 .to sell fallen timber on school lands, 13 duty of in case of trespass, , 1'^ to equalize assessment in Joint districts, 27, 87 to consent to renewal of warrant, 27, 87 to certify to cost of school house, , . 20, 74 to fill yacancies in District Board. 30 powers and duties of, 30. 96 to form and alter districts, 30, 96 to give bond, by whom approved, 30 to make annual report, 31, 97 what to report, 32, 97 when not to apportion money, 32, 98 to keep account of moneys received, » 33 to render account to successor, , 33 to have powers of corporation, 33 apportionment by, in case of division of district, 33, 100 when to add moneys to next apportionment, 34 to examine teachers, , 34, 101 may grant certificates, 34, 101 may annul certificates, , .... 35, 102 may obtain certificate of Superintendent of next town, 34 may re-examine teachers, , 35, 103 his duty to visit schools, 35, 103 to give advice to Boards and Teachers, 35, 103 to give notice of alteration of districts 35, 104 action of, final unless appealed from, - 37, 108 to divide property between districts, 36, 106 may form joint districts, 37, 107 Town Clerk to keep papers of. 38, 109 penalty for refusal to report, • • • '42, 124 to prosecute District Treasurer, 43. 124 to prosecute Town or C ounty Treasurer. 43 to have control of actions, 44 to file map of districts, 44, 124 entitled to Journal of Education, 45, 125 to determine boundaries of High School Districts, 47 to appoint first High School Board, 47 to be a member of examining board, • 47, 126 to apply for Dictionaries, 51 26 202 .mDBX, ' object of, Sn forining diatrtcla,.. 65 insti'uctions to hy State Superintendent,, 96 TREASURER: (see "County Troasurer/' and "Distx^iot Treasurer.") TRESPASS: on school lands,. -. .....,,.......,..., J 2 U UNIFORMITY: of textboolcs...... ..,..., ..8. 91 UNION HIGH SCHOOL DISTRICT: ijow and when formed,. . , . ......,...,, , , . , .46 board of, and powers, ..,..,, 47 taxes, how levied and collected, ......." 47 board of examiners,. ........................... .47, 125 not to iiiipiiir priin;iry districts,. 48 under the common school law,.. .........,..,..,..,,.,,..,.,..... ,1?G UNION HIGH SCHOOLS: tuition fee, when moy be charged,.. ........ 47 expenses of. how defrayed,. 47 teachers for, 47 ■who has supervision of,.. ......,,...,....,, ..,....,...,.., .48 CN^IVERSITY: provisions respecting,... ......................... .6 ■ • ■■>. V VACANCY: in disfrlct board. Low filled,.. .3Q, 83 what cuo.siirutcs a vacancy, .B9 in o3Sce of Town Superintendent, how filled, .9G VENTIL.vTlON: of school houses, , 131 VISITATION OF SCHOOLS: duty of Town Superintendent in,.. ..35, 103 VOTERS: : who are legal voters,. .....,....,....,,....,..,. , 66 (see ako '•Jikciors.") W WAGES OF TEACHER: tax voted to meet.. ..... 19 to be specitied in contract .23 to bo reported by Oistrict Cleric, .24 public money to be jipplied in payment of,.. .... . . .24 when forfL-itod 25, 84 when bo.u'd liable for, ................... .81 must include boiArd,.. ........................................... .93 WARRANT: C lerk to issue, in certain cases, 27, 8,6 Treasurer to execute, .27 may be executed out of towu or county 28 to have force of Town Treasurer's warrant. 29 may be renewed, ..29, 87 when must be returned,. 87 fonu ol" ..... ■. , 17C YiTEBSTER'ti UN.iBRIDGED DICTIONARY: bow, and how many purchasedj .50 bow used by districts, 50 how applied for, 51, 126 penalty fur lalse affidavit to application, 51 expense of transsportation, 51 . cannot be sent by mail, 126 if lost, will not bo replaced by tke State, 126 Library of Congress Brar'-h Bindery, 1902