Boole ;.j/ii;i.___ VERMONT SCHOOL LAWS, IN FORCE AT THE CLOSE OF THE SESSION OF THE GENERAL ASSEMBLY, 1874, TOGETHER WITH A DIGEST OF THE Decisions of k 1 01 VeriiKiii HAVING KEFE3EUENCE TO THE SCHOOLS AND SCHOOL LAWS OF YEKMONT, AND FORMS FOR THE USE OP SCHOOL DISTRICT OFFICERS. COMPILED UNDER AN ACT OF THE LEGISLATURE, AND APPOINT- MENT BY THE GOVERNOR, BY GILBERT A. DAVIS, OF READING. MONTPELIEK : J. & J. M. Poland's Steam Printing House. 1875. AN ACT AUTHORIZING THE COMPILATION OP THE SCHOOL LAWS. It is hereby enacted by the General Assembly of the State of Vermont : Sec. 1. The Governor is hereby authorized and required to appoint some suitable person to compile all school laws of this State that may be in force at the close of the present session of the General Assembly, and annex thereto a con- cise digest of the decisions of the Supreme Court of this State having reference to the schools and school laws of this State, and also forms for the use of school district officers ; provided that the expense thereof shall not exceed two hun- dred dollars. Sec. 2. The Secretary of State shall, as soon as conven- iently may be done, procure three thousand copies of such compilation, digest and forms to be printed and bound in paper, in the same style the session laws are printed, and distribute the same in the following manner : To each organized town and city in this State, one copy, to be deposited in the clerk's office, and one copy for each school district in such town or city, one copy to each super- intendent of schools, for the use of him and his successors in office, and the balance shall be deposited in the State Li- brary for distribution under the direction of the State Li- brarian. Approved November 23, 1874. COMPILER'S REPORT. To His Excellency Asahel Peck, Crovernor of the State of Verynont : I herewith transmit the Compilation of the School Laws of this State in force at the close of the session of the Gen- eral Assembly for 1874, and have annexed thereto a concise digest of the decisions of the Supreme Court of this State having reference to the schools and school laws of this State, and also forms for the use of school district officers, pre- pared in accordance with mj appointment from jour Excel- lency, under the provisions of an act approved November 23, 1874, entitled " An Act authorizing the compilation of the School Laws," In making the compilation of the school laws, in all cases the exact phraseology of the statute has been retained. The sections of the general statutes that have been amended by later statutes, have been inserted as amended, and proper reference made to the original section and the amendatory act, so that the correctness of the compilation can be read- ily tested, or the original enactment at once referred to. The larger part of the laws relating to schools have been gathered into a code, and the sections consecutively num- bered, with notes annexed giving the original numbering. The decisions of the Supreme Court construing the several sections have been referred to in the notes, for the conven- ience of those who may wish to readily consult them. It has been the compiler's design to place before the public a compiler's report. comprehensive guide to all persons having business to trans- act j-elating to the public schools of the State. The digest of the decisions of the Supreme Court has been carefully prepared and systematically arranged by topics in alphabetical order, so as to be readily accessible, and prefixed to it is a table of cases cited, and of titles. By this arrangement the necessity of any index to the digest has been avoided. The compiler's intention has been to comprehend the law of every reported case within the scope of the Act under which this work is pi-epared. The forvis have been adapted to the existing provisions of the statute laws, and to that end, obsolete forms have been omitted, and many of the forms heretofore in use essentially modified. I respectfully submit the result of my labors, hoping that thereby the interests of education in the State may be ad- vanced, and the performance of the duties of school district officers may be facilitated. I have the honor to remain Your Obedient Servant, GILBERT A. DAVIS. Reading, Vt., April 10, 1875. PART I. TABLE OF CONTENTS. State Superiatendent of Education and his duties. Chapter 22 of the General Statutes as amended and in force at the close of the biennial session of the Legislature, 1874. Compulsory Education. Disturbing Exercises of Sohool. Instruction of the Deaf, Dumb and Blind. Division of the Property of School Districts. Normal Schools. Offences against Private Property. Of Public Lands. School Districts, Executions against, how collected. • Taxes, collection of School District. Teachers, time of, in District Schools. Text Books for use in Schools. Text Books, supplying of, in certain cases. Tow^n system of Schools. Union or Graded School Districts. Voting in School District Meeting. Writs against School District, how served. PART I. SCHOOL LAWS OF YEKMOIS^T. STATE SUPERINTENDENT OF EDUCATION AND HIS DUTIES. No. 33, Acts 1874, page 58. AN ACT TO ABOLISH THE BOARD OF EDUCA- TION AND TO CREATE THE OFFICE OF STATE SUPERINTENDENT OF EDUCATION. Section 1. Sections repealed. 2. Joint assembly to elect state super- tendent of education; duties of. 3. May hold one annual institute on application of twenty-five teach- ers; may employ assistants; limi- tation of exi^ense. 4. Said superintendent to prescribe forms and blanks ; and to procure and furnish registers. 5. Duties of town superintendents. 6. Duties of academies and graded schools. Section 7. Superintendent to make biennial report to legislature ; to print and distribute same; to whom. 8. Vacancy in office of ; how filled. 9. Section nine of chajiter twenty- two amended. 10. Salary of state superintendent. 11. Acts inconsistent herewith repeal- ed. 12. To take effect. Section 1. Sections one, two, three, four, five, six, sev- en, eight, one hundred nine, one hundred twelve, and one hundred thirteen, of chapter twenty-two of the general stat- utes, and all acts and parts of acts amendatory of and in addition thereto, are hereby repealed. Section 2. The joint assembly shall elect at each bien- nial session of the legislature, a state superintendent of ed- ^ ucation, who shall faithfully devote his whole time in pro- 10 COMPILATION OF THE SCHOOL LAWS. moting the highest educational interests of the state, and visit every part thereof during each year, deliver lectures upon the subject of education, confer witli town superin- tendents, visit schools in connection with them, and furnish each of them blank forms for collecting school statistics. Section 3. He shall annually, upon, a written applica- tion of twenty-five teachers in any county — except Grand Isle and Essex counties, in which the number may l)e fifteen teachers — for that purpose, hold one teachers' institute in such county, at a time when the common schools are not in session, as far as practicable, not to exceed three days each. Said state superintendent may employ assistants to give ef- ficiency and interest to such institutes as lie maybe required to hold, and a sum not exceeding thirty dollars per day ac- tually paid by said state superintendent for such services, and for advertising and other necessary expenses thereof, shall be paid to said state superintendent by the state treas- urer, on the allowance and order of the auditor of accounts. Section 4. Said state superintendent is hereby required to prescribe blank forms for a school register, conveniently arranged for keeping a daily record of the attendance of children upon the school, and containing printed interroga- tories addressed to teachers and to district clerks, for the procurement of such statistical information as he may seek to obtain in each year, and such information as will enable the selectmen of towns to divide the public money accord- ing to law ; and in the month of January in each year the state superintendent shall procure and furnish to every town superintendent in this state, a sufficient number of such reg- isters to supply all the district clerks in each town with one register for every school for the ensuing year. Any town superintendent receiving such registers shall immedi- COMPILATION OP THE SCHOOL LAWS, 11 ately forward his receipt therefor to the state superintend- ent ; and on failure to receive such registers by the first day of February in each year, the town superintendent shall immediately notify the state superintendent thereof, who shall supply the deficiency forthwith. Each district clerk shall annually, on or before the first week in March, pro- cure of the town clerk a register for each school in his dis- trict, and be responsible for the safe keeping thereof. Section 5. Town superintendents of schools shall annu- ally, on or before the tenth day of April, make out and re- turn to the state superintendent, the statistics of the schools in each district in their respective towns, in accordance with the forms prescribed by said state superintendent, agreeably to law. The state superintendent, upon the receipt of such returns, shall forward a certificate thereof to the town su- perintendent making the return. Section 6. It shall be the duty of the trustees of the academies and grammar schools which have been incorpor- ated by the legislature of the state of Vermont, to cause their principals to returti to tlie said state superintendent, on or before the first day of April in each year, true and correct answers to such statistical inquiries as may have been addressed to them by the state superintendent in the month of January previous. Section 7. The state superintendent of education shall prepare and present to the legislature, on the first day of each biennial session thereof, a report of his official doings for the preceding two years, and a statement of the condi- tion of the schools in the state, of the expenditure of the school money therein, with such suggestions for information and improvement relative to the various schools in the state, as he may deem proper. He shall cause to be printed not 12 COMPILATION OF THE SCHOOL LAWS. more than three thousand and five hundred copies of his bi- ennial report, and have the same ready for distribution on the assembling of the legislature, and shall distribute the same as follows, viz., one copy to each member of the legis- lature ; one copy to each town superintendent, for the use of him and his successor in ofi&ce ; one copy to each district clerk ; and one copy to the principal of each graded, union, or high school in the state ; and any remaining copies shall be deposited in the state library for future reference, exchange or sale. The said state superintendent shall for- ward the necessary copies for distribution, except for mem- bers of the legislature, to the various town clerks, which shall be by them distributed in the same manner as the laws are distributed. Skction 8. The governor shall have power to appoint any suitable person to fill any vacancy that may occur in the office of state superintendent ; and the person so ap- pointed shall have the same power and perform the same duties as if elected agreeably to the provisions of section two of this act. Section 9. Section nine of chapter twenty-two of the general statutes is hereby amended by striking out in line twenty-three of said section, the words " secretary of the board," and inserting in lieu thereof the words state super- intendent of education. Section 10. The state superintendent shall receive the sum of fifteen hundred dollars per year and his actual trav- eling expenses while in the performance of the duties of his office, and the expense of procuring blank forms, and post- age, which allowances shall be paid by the treasurer on the acceptance and order of the auditor of accounts. COMPILATION OF THE SCHOOL LAWS. 13 Section 11. All acts and parts of acts inconsistent with this act are hereby repealed. Section 12. This act shall take eflect from its passage. Approved November 18, 1874. CHAPTER TWENTY-TWO OP THE GENERAL STAT- UTES, AS AMENDED AND IN FORCE AT THE CLOSE OF THE BIENNIAL SESSION OF THE LEG- ISLATURE, 1874. [The original numberings of the sections are stated in the notes. The addi- tional enactments are consecutively numbered, and their number and year of enactment noted.] TOWN superintendents. Section 13. Superintendent of common schools in each town; election and com- pensation ; and how allowed. 14. Towns may vote additional com- pensation. 15. Town superintendent to hold two public examinations annually in each town. 16. Manner of election. 17. Their compensation. 18. Retui-ns of clerks to superintend- ents. 19. Returns of superintendents to town clerks. 20. State superintendent to furnish blank certificates. 21. 22. Town superintendents to meet annually ; where and when ; pur- pose. 23. Their official duties as to visiting schools; making out account for official services. 24. Teachers shall possess moral char- acter and requisite qualifications, and are required to obtain certifi- cates from superintendent. Section 25. Principals of graded and union schools not required to obtain cer- tificates. 26. Certificates of qualifications of town superintendents of common schools, for teaching, how ob- tained. 27. Superintendents to give notice of time of examination of teachers. 28. Examination of teachers by town superintendents. 29. List of teachers, and dates of their certificates, to be lodged in the town clerk's office. Power of superintendent to re- voke certificate of teachers in cer- tain cases. Proceedings in such cases. Vacancy in ofiice of superintend- ent, how supplied. 32. When vacancy exists, examina- tion may be made by superinten- dent of any adjoining town. 30. 31. SCHOOL DISTRICTS. 33. Each town to keep one or more schools. Subjects of instruction. 34. Age of pupils in public schools. 35. Towns to be divided into school districts. 36. Districts to be numbered, &c. 37. Mode of organizing districts in towns. 38. Mode in imorganized towns or gores. 39. Mode of forming and organizing districts from two or more adjoin- ing towns. 40. Provisions for visitation, &c., of districts in more than one town. 41. Provision for returns from dis- tricts in more than one town. 42. Inhabitants of one town may be set to a district in another. 43. Where taxed in such cases. 14 COMPILATION OF THE SEHOOL LAWS. Section 44. Districts to have powers of a cor- poration. Voters therein same as voters in town meeting. 45. Who are voters in town meeting. 46. Duties of listers. 47. Only citizens are voters. 48. 49, 50. Right to vote, how deter- mined. 51. Evening schools may be estab- lished. 52. Powers of school districts to pro- vide schools in certain cases. 53. May hold estates, prosecute suits, &c. 54. Officers of district chosen annu- ally. Time of annual meeting. Duty of treasurer. 55. Collectors of school districts shall give bonds, if required thereto by vote of the district. |.56. Neglect to give bonds vacates of- fice. 57. If required by prudential commit- tee, shall give bonds. 58. Collector to make such deduc- tions from taxes as fixed by vote of school district. 59. Collector to give notice when and where he will receive taxes. 60. No deducti(jn in case of neglect to pay by time fixed. 61. Collector of school district taxes to pay into treasury when re- quested as herein, all taxes up to that time. 62. Penalty for neglect to do so. 63. School district may elect the first constable their collector. 64. When moderator pi^o tern, may be chosen. 65. Vacancies; how supplied. 66. If clerk absent or disabled, pru- dential committee to discharge duties of otfice. 67. Clerk of school district to keep records of the votes of meetings, and certify the same when re- quired. Penalty for wiUful vio- lation of provisions of this sec- tion. 68. Clerks to make returns of births and deaths to town clerk. Pen- alty for neglect to do so. 69. Fees for such returns. 70. Selectmen to draw order for such fees. 71. Town clerks to examine returns made ; if correct, to certify to the same ; if incorrect, town clerks to commence prosecution therefor. 72. District clerk to make list of names and ages of persons be- tween ten and twenty years; to return the same to town clerk ; to return also tabular abstract; com- pensation therefor. 73. In towns not divided into dis- Section tricts, clerk of school board to perform the duty. 74. The school yearto commence first day of April. 75. Powers and duties of prudential committee. Proviso in case of differences between superintend- ent and committee. 76. Provision for providing district schools in cei-tain cases. Offices vacated by neglect. Such vacan- cies filled by selectmen. Duty of prudential committee so appoint- ed to sustain a school. 77. 78. Meetings ; how appointed and notified. 79. Districts may raise tax to build school-house, &c. 80. Districts may locate school-house. On application, selectmen may locate. 81. Real estate to be taxed where lo- cated. 82. Voters in school district may ap- ply to selectmen to build school- house, &c. 83. Selectmen to appoint hearing, no- tice, &c. 84. Selectmen may order such dis- trict to build school-house, &c. In case of refusal or neglect, se- lectmen may assess a tax upon such district'and build house ; col- lection of tax, t&c. 85. Proceedings to be recorded in town clerk's office. 86. Persons unable to j^ay i»ay be omitted in tax-bill in certain ca- ses. 87. Prudential committee to assess tax, make rate-bill, &c. 88. Tax-bills and public moneys pay- able to the treasurer. Orders to be drawn on treasurer. 89. Power and duty of collector. 90. Taxes to be laid on grand list. 91. On what grand list to be assessed. 92. Powers of committee to enforce collection of taxes. 93. Taxes may be remitted at legal meeting, &c. 94. Districts formed from two or more towns ; how dissolved. 95. Powers and duties of justices. 96. Each part, after separation, to be a district. 97. No change of school districts shall affect the liability of the school district so changed upon all debts outstanding at the time such change was made. 98. School district shall have power to allow use of school-house for religious worship, &c. 99. In certain cases may arrange for schooling children in an adjoin- ing state. COMPILATION OP THE SCHOOL LAWS. 16 Section 100. May send scholars to academy; regulation of siicli action. Not to have right to .sliorteu time for common schools. In snch case to receive public money same as is now received for attendance upon common schools. 103. Districts formed under former laws to retain their powers. 101. 102. Section 104. Penalty on clerk for neglect in making returns. 105. Penalty for neglect to notify meet- ings. 10(5. Penalty on committee for paying teachers not having obtained their certificate of qualification. 107. Contracts for teaching invalid, un- less teacher obtain certificate. \ HIGH, OR CENTRAL, OR GRADED SCHOOLS. 108. Prudential committee may call a school meeting wlien, in thoir opinion, more than one teacher is required. 109. Meeting may vote to have more than one school, and to erect school houses. 110. Meeting may direct the sciences or higher branches of a thorough education to be taught. 111. Committee may direct what school scholars shall attend. 112. Children not residing in district shall not be permitted to attend the higher school, except with con- sent of committee. li;5. Towns may establish central schools for advanced scholars. 114. Prudential committee to be ap- pointed; duties. Town treasurer and collector to perform duties of district treasur- er and collector. Tuition. 117. Tax may be assessed and collect- ed, in certain cases. 118. Provisions when more than one central school is established. 119. Towns to have powers of union district in certain cases. 115. 116. UNION DISTRICTS. 120. Union of school districts author- ized. 121. Provision for distributing public money to union school districts. 122. Such ' districts to have corporate powers. 123. First meeting ; how called. 124. Clerk to be appointed. 125. Time of holding the annual imion school district meetings. 126. Money; how raised. Locating school houses. 127. Prudential committee of union districts ; how constituted. 128. Duties of the committee. The schools in each district to be con- tinued. LTnion schools entitled to share of public money. Proviso. 129. Union districts to choose modera- tor, collector and treasurer; may raise money, etc. 130. A district may withdraw from such union district in case two- thirds of such district vote in fa- vor of it. 131. A contiguous school district maj be united to a union district U two-thirds of the voters of such district, present at the meeting, vote in favor of such union. TOWN SCHOOL FUND. 132. Selectmen to have charge of es- tate for use of schools. 133. Securities and moneys belonging to school fund to be kept in town treasury. 134. Selectmen annually to assess nine per cent, ta.x for schools. 135. Tax omitted, in whole or in i»art, in certain cases. 136. Towns may vote other taxes, and nine per cent, tax be omitted. 137. 138. Mode of division of public money among school districts. — No district to receive any of , such money except on certain condi- tions. 139. 140. Statement of amount divided to each district to be left with town clerk. When district formed from two or more towns ; how money divid- ed. 146. Penalty for not assessing state school tax. 147. How penalty to be appropriated. 148. Grand jury to indict towns for neglect in assessing, collecting and expending tax. 149. Penalty for embezzling school funds. 16 COMPILATION OF THE SCHOOL LAWS. UNITED STATES DEPOSIT MONEY. 151. 152. Section 150. Treasurer to receive moneys be- longing to tlie United States to be deposited, and give certificate, etc. Moneys deposited divided among towns according to census of 1860. Provision for unorganized towns and gores. On a new census ; new apportion- ment to be made. 153. On a new apportionment; treas- urer to collect excess and pay over. Deficiencies of towns made up. 154. Each town to elect trustees. 155. 156. If towns neglect to choose trustees, treasurer to put shares on interest. 157. Trustees to give bonds. Section 158. Office to be considered vacant if bonds are not given. 159. Treasurer to pay moneys to trus- tees and take receiirt. 160. Towns in such cases accountable. 161. Trustees to loan money. 162. Loans not to be over one year. 163. Trustees may loan to the town. 164. Income of deposit money appro- priated to schools, 165. When trustees to pay income to town treasurer. 166. Not to be appropriated to schools in case, etc. 167. Penalty on towns for neglect, etc. 168. Grand jury to inquire and indict towns, etc. STATISTICS. 169. Duties of school teacher and dis- trict clerk relative to school regis- ter. No portion of public money to be distributed to any district whose register is not properly filled out and filed. 170. Teachers to keep certain records in register, and return register to district clerk. 171. Clerk to certify to teacher that register is so returned. SCHOOL HOUSES AND YARDS. 172. School house, how located. Land for sites and yards, how obtained, and by what proceedings ; may be enlarged, etc. 173. Lands not to be entered upon un- til damages paid. 174. Question of damages may be re- ferred. 175. Owner of land dissatisfied with location may apply to county court to appoint commissioners, etc. 176. Proceedings of commissioners and decision. 177. Opening of land stayed; court may fix time of opening, and may award execution. 176. If lands are mortgaged, damages to be paid mortgages. TOWN SUPERINTENDENTS, THEIR DUTIES AND COMPENSATION. Section 13. The several towns in this state shall, at their annual March meeting, elect one person to be super- intendent of common schools within such town, who shall hold his office during the school year commencing on the first day of April next after his election, and when appoint- ed by the selectmen, during the remainder of the then cur- rent school year ; who shall receive for his services [two] dol- lars for each day necessarily spent in the discharge of his legal duties, and a reasonable sum for his annual report to the March meeting ; and every superintendent of schools COMPILATION OF THE SCHOOL LAWS. 17 shall make out in detail his account for official services, stating the date and time spent, as well as the kind of ser- vice rendered, and the number of districts in which a school has been taught the year })receding, and make oath or affirma- tion to the correctness of the same, before some justice of the peace in the town in which he resides, which oath or affirm- ation shall be certified by said justice before such superin- tendent's account shall be presented to the auditor of ac- counts for allowance ; who shall audit and allow the same, or so much thereof as is just and reasonable, and the same shall be paid out of the state treasury upon the order of the auditor of accounts, who is empowered to draw orders for the same ; but no order shall be drawn to any superinten- dent until he shall have filed with the auditor of accounts the receipt of the state superintendent of education for the statistical returns of the preceding school year, in pursu- ance of the requirements of law. But no superintendent shall receive compensation while visiting schools for a num- l)er of days greater than twice the number of schools kept in the town for which he acts as superintendent, whatever the number of terms of such school kept during the year. Ch. 22, § 0, G. S., as amended by No. 6 of 1866, p. 12, and by No. 33 of 1874, p. 58. Section 14. Any town in tliis state may at its annual March meeting, or at any other meeting legally warned for that purpose, vote to pay the superintendent of common schools within such town, out of the town treasury, such sum or sums of money in addition to the pay now provided by law for his services as shall to such town appear reason- able and just. No. 29 of 1865, p. 40. Section 15. Each town superintendent shall hold two public examinations of teachers annually, in the months of 18 COMPILATION OP THE SCHOOL LAWS. April or May, and October or November; said public ex- aminations shall be held in all the towns in the county on the same day, and all certificates granted by town superin- tendents shall be good till the first day of April following the examination, and no longer. §2 of No. 12 of 1870, p. GG. Section 16. The election of town clerk, selectmen, treas- urer, overseer of the poor, constables, superintendent of schools, grand jurors and listers shall be made by ballot when the ballots are required by any three voters present at the meeting. The election of all other town officers shall be in such manner as the meeting may detei-mine. § 14 of ch. 15, G. S., as ameuded by No. 57 of 1874, p. 89. Section 17. Instead of the compensation now provided by law, the superintendent of schools shall receive for his services two dollars for each day necessarily spent in the discharge of his legal duties, and a reasonable sum for his. annual reports to the March meeting and to the state super- intendent of education, and ten cents a mile for necessary travel in attending the annual county meeting of town su- perintendents. § 1 of No, 18 of 1872, as amended by No. 36 of 1874, p. 60. Section 18. The returns now required to be made by district clerks to the town clerks by the provisions of the act entitled, " An act in relation to school census and other school matters," approved November 23, 1870, shall here- after be made to the town superintendents of schools. § 4, No. 18 of 1872, p. 57. Section 19. It shall be the duty of the town superin- tendent of schools to file in the town clerk's office, on or before the first day of June in each year, the school regis- COMPILATION OP THE SCHOOL LAWS. 19 tors and school census returns for the preceding school year. § 5, No. 18 of 1872, p. 07. Section 20. The state superintendent of education is hereby directed to prepare and annually furnish to each town superintendent suitable blank certificates to teachers. § 6, No. 18 of 1872, p. 57, as amended by No. 36 of 1874, p. 06. Section 21. It is hereby made the duty of the town su- perintendents of common schools in each county to meet an- nually on the third Tuesday of March, at ten o'clock a. m., in each year, at the county court house in each county — except that iu Bennington county the said meeting shall be holden at the town house in Arlington — for the purpose : First, Of agreeing upon a set of questions to be used throughout the county in the written examination of teach- ers. Second, Of fixing the standard of qualification of teach- ers for the ensuing year. § 1, No. 36 of 1874, p. 66. Section 22. The town superintendents of common schools, when assembled as mentioned in section one of this act, may annually elect from their number a president to {)re side at said meeting, and a secretary, whose duty it shall be to keep a correct record of the proceedings of such meeting, and procure to be printed and distribute to the several superintendents in such county the lists of questions agreed upon at such meeting ; and the expense of such printing and distribution shall be paid by the state treasurer upon the allowance of the state auditor. * § 2, No. 36 of 1874, p. 66. Section 23. It shall be the duty of the town superinten- dent to visit all such common schools within their respective 20 COMPILATION OP THE SCHOOL LAWS. towns as shall be organized according to law, at least once in each year, and oftener if they shall deem it necessary. At such visitation the superintendents shall examine into the state and condition of such schools, as respects the pro- gress of the school in learning and the order and govern- ment of the schools ; and tliey may give advice to the teach- er of such schools as to the government thereof and course of study to be pursued therein, and shall adopt all requisite measures for the inspection, examination and regulation of the schools, and for the improvement of the scholars in learning. Every superintendent of common schools shall also make out his account of official services in the manner hereinbefore required, and deliver the same to the town clerk of the town in which such superintendent was elected or appointed on or before the day previous to the annual town meeting next after the election or appointment of such superintendent, and the same shall be filed and kept in the office of the town clerk. Ch. 22, § 10. G. S. 8ee No. .T) of 1874, p. 6G. Section 24. The town superintendents shall require full and satisfactory evidence of the good moral character of all instructors who may be employed in the public schools, in their respective towns, and shall ascertain, by personal ex- amination, their qualifications and capacity for the instruc- tion and government of schools ; and every instructor of a district school shall obtain of the town superintendent of such town a certificate of his qualifications, before he opens such school, which certificate shall be available for one year only. Ch. 22, G. S., § 11—1870, No. 12, p. 46. See § 15 of this Compilation. 20 Vt. 495, 34 Vt. 270, 35 Vt. 623, 41 Vt. 353, 46 Vt. 452. Section 25. The principals of graded and union schools shall not be required to procure any certificate of qualifica- COMPILATION OF THE SCHOOL LAWS. 21 tiou from the town superintendent or any other officer ; and all contracts for teaching hereafter made between the trus- tees of any graded school district, or prudential committee of any union school district, and their principal teacher, shall be valid without such certificate of qualifications. §1, No. 37 of 1874, p. 67. Section 26. Whenever any superintendent of common schools in any town desires a certificate of his qualifications for teaching a district school in the town where he resides, he may make application for the same to the superintendent of schools of any adjoining town, who shall examine such applicant in relation to his qualifications therefor, and, if found satisfactory, may give his certificate to said applicant in due form of law, which certificate shall be valid for one year from the date thereof, in the town where said applicant resides. Cli. 22 G. S., § 12. See § 15 of this Compilation. Section 27. The town supei'intendents shall give public notice of suitable times and places, that they will attend to the examination of teachers, before commencement of the winter and summer schools. Ch. 22 G. S., §18. Section 28. The examination of teachers by town super- intendents shall be public, and held in some public place, after due notice given pursuant to law, in the months of April or May, and October or November, in each year, and citizens generally invited to attend ; and no examina- tion of teachers shall be held at any other time or in any other manner except in the discretion of the superinten- dents, and for the accommodation of teachers prevented by sickness or other unavoidable circumstances from attending at the regular public examination ; and any superintendent 22 COMPILATION OF THE SCHOOL LAWS. examining teachers at any other time than the regular pub- lic examination, shall be entitled to receive from each teach- er applying for such examination the sum of fifty cents. Ch. 22 G. S., § 14, as amended by No. 8, p. 13, of 186H. See No. 12, p. 47, §2, acts 1870. Section 29. It shall be the duty of town superinten- dents of common schools to make out and lodge in the town clerk's office in their respective towns, annually, on or be- fore the first day of February, a list of the names of all the teachers to whom they have granted certificates during the preceding year, together with the respective dates of the certicfiates. Ch. 22 G. S., §15. Section 30. Whenever, upon personal examination of schools, the superintendent of any town shall become satisfied beyond a reasonable doubt, that a teacher to whom a certifi- cate has been granted, is incompetent to teach or govern his school properly, or setting an evil example before his school, the superintendent is hereby empowered in his discretion to revoke the certificate theretofoie granted to such teacher, by filing in the town clerk's office of such town a statement in writing of having made such revocation, and delivering a copy thereof to the prudential committee and also to the teacher whose certificate is so revoked ; and every teacher's certificate, that shall have been duly revoked, pursuant to the provisions of this section, shall immediately, upon the filing of such revocation and reasons therefor, become there- after null and void and of no effect ; and such teacher's contract with the school district shall become void there- from, and it shall not be lawful for the prudential commit- tee to pay such teacher for any services thereafter performed as teacher unless by a vote of the district. Ch. 22 G. S., § 16, as amended by No. 27, p. 39, of 1865. COMPILATION OF THE SCHOOL LAWS. 23 Section 81. When from any cause a vacancy shall occur ill the office of town superintendent of common schools in any town, the selectmen shall supply such vacancy until a new election shall be made ; and the superintendent so ap- pointed by the selectmen shall have all the powers and be subject to all the duties and requirements of superinten- dents elected by the town. Ch. 22G. S., §17. Section 32. Whenever the selectmen of any town shall fail to appoint superintendents of schools as provided in section seventeen of chapter twenty-two of the general stat- utes, [section 31 of this compilation,] persons desiring to teach in said towns may make application for certifi- cates of qualification to the superintendent of schools of any adjoining town, who shall examine such applicants in relation to their qualifications therefor, and if found satis- factory, may give his certificate to said applicant in due form of law, which certificate shall be valid for one year from date thereof in said town where said applicant desires to teach. No. 7 of 18(;G, p. 12. See § 15 of this Compilation. SCHOOL DISTRICTS. Section 33. Each organized town in the state shall keep and support one or more schools, provided with competent teachers, of good morals, for the instruction of the young in orthography, reading, writing, English grammar, geogra- phy, arithmetic, history, and constitution of the United States, and good, behavior ; and special instruction shall be given in the geography ^and history, constitution and princi- ples of government, of the'state of Vermont. Cli. 22 G.'S. § l!>-32 Vt.'224. 24 COMPILATION OF THE SCHOOL LAWS. Section 34. No person under five years of age 5?hall be received as a pupil into any })ul)lic school. § 3, No. 11 of 1870, p. 45. Section 35. When the inhabitants of any town cannot be conveniently accommodated in one school district, it shall be the duty of such town, at a legal meeting, notified for that purpose, to divide such town into as many school districts as shall be judged most convenient ; to define and determine their limits, and, from time to time, to divide such as are too large, unite such as are too small, or otherwise to alter them, and make new districts, as shall be found expe- dient. (;ii. 22; G. S., §20. 8 Vt. 402; 10 Vt. 480; 23 Vt. 626; 25 Vt. 311; 37 Vt. 196; 41 Vt. 317: 18()8, No. 38, p. 40. Section 36. The districts so formed shall be numbered, in a regular series, from number one upwards, and shall be known and designated by the name of their respective num- bers ; and their numbers and description, and all alterations made therein, from time to time, shall be recorded in the office of the town clerk. Ch. 22 G. S., §21. Section 37. When it is necessary to organize any school district in any town, any three or more of the voters in such district may make application in writing to the selectmen of such town, and it shall be the duty of the selectmen to give notice for a meeting in such district, by posting up a notifi- cation thereof, specifying the time and place appointed, and the business of the meeting, in one or more of the most pub- lic places in such district, at least seven days before the time therein specified ; and it shall be the duty of one of the selectmen to preside in the meeting until a moderator and COMPILATION OP THE SCHOOL LAWS. 25 clerk shall be chosen ; after which, the district shall be deemed to ho legally orgauized. Ch. 22 G. S. §22—11 Yt. (J07. Section 38. The selectmen of any organized town, on the a()|)lication of thiee or more voters, in an adjoining un- organized town or gore, may organize school districts in such unorganized town or gore, in the manner provided in tlie [neceding section of this chapter ; and if more than one district is needed, such selectmen may divide such unorgan- ized town or gore into as many districts as may be required, and may define and determine their limits, and number them as provided in sections twenty and twenty-one of this chap- ter [sections 35 and 3(5 of this compilation] ; and the select- men shall he paid a reasonable compensation for their ser- vices by the petitioners. Ch. 22G. S., §23. Section 39. When any number of inhabitants of two or more adjoining towns shall find it necessary or convenient to be formed into one district, for the purpose of supporting a school, such towns, by a concurrent vote for that purpose, may form the territory occupied by such inhabitants into a district; and the first meeting may be notified, and the dis- trict organized by the selectmen of either of the towns, on application in writing for that purpose, by three or more voters ; and the meeting shall be notified, and the district organized in the same manner as provided in the twenty- second section of this chapter [section 37 of tliis compila- tion] ; and when organized, such district shall have the same powers, and be subject to the same liabilities, as other districts. Ch. 22G. S., §24. Section 40. In case a district shall be formed of- parts of two towns, it shall, for all purposes of visitation and re- 26 COMPILATION OP THE SCHOOL LAWS. turns, and for the examination of school teachers, as provi- ded in the tenth and eleventh sections of this chapter, [sec- tions 23 and 24 of this compilation,] be taken and deemed to belong to the county and town in which the school-house of such district shall be situated. Ch. '22 G. S., §25. Section 41. In any school district formed of territories or inhabitants l)elonging to two or more towns, the clerk of said district shall hereafter make out his returns of the sta- tistics of each portion of the district belonging to the seve- ral towns, and file them in the town [superintendent's] ofi&ce to which each part or portion of said district respectively belongs ; in whfch case the returns shall be made in all respects agreeably to the provisions of section one hundred and ten of this chapter [section 170 of this compilation.] Oh. 22 G. S.. § 26, as altered by No. 18, Acts 1872, p. 56. Section 42. Any town, by vote in town meeting, may set one or more persons, residing in such town, to a school district in an adjoining town, if such district shall, by vote, consent to receive such persons ; and any persons, so united to a school district in another town, shall have the same rights, and be subject to the same liabilities, as if they had resided in the same town. Ch. 22 G. S., §27; 21 Vt. 402; 34 Vt. 156. Section 43. Whenever a person residing in a school dis- trict in one town shall be set to a school-district in an adjoin- ing town, as provided in the preceding section of this chap- ter, his property and person shall be taxed, and the taxes thereon shall be collected within and for the use of the dis- trict to which he shall be set as aforesaid, in the same man- ner as said property and person would be taxable, and the COMPILATION OF THE SCHOOL LAWS. 27 taxes thereon collectible in the said district in the town wherein he resides, in case he had not been set to said other district in an adjoining town. Provided, that said property and person shall be taxable as aforesaid only in the district to which said person shall be set as aforesaid. Ch. 22 G. S., §28. Section 44. When a school district shall be oi-ganized, it shall have all the powers of a corporation, for the pur- pose of maintaining a school in such district ; all persons residing in any school disti'ict iji this state, qualified to vote in town meetings, and no other pei'sons, shall be legal voters in school district meetings. Ch. 22 G. S., §2!), ;is amended by No. 39 of 18(i8, p. 40; 35 Vt. 632. Section 45. Every male citizen of the age of twenty- one years, whose list shall have been taken in any town or city at the annual assessment next preceding any town or city meeting, and all citizens whose polls are exempt from taxation in consequence of their having arrived at the age of seventy years, or who may be exempt from taxation by the listers on account of poverty, or by reason of any spec- ial law exempting them, shall, during their residence in such town or city, be legal voters in town meeting. No. 50 of 186'J, p. 52. Section 46. The listers of the several towns in this state shall omit to place in the list the polls of such persons as lost an arm, or leg, or their eyesight, while in the service of the United States during the last war: provided that such omission shall not deprive such persons of the right to vote in any town, city, or school district meeting, in which they might otherwise be entitled to vote. No. 42 of 1870, p. 81. 28 COMPILATION OF THE SCHOOL LAWS. Section 47. No person shall be entitled to vote in any town, city, village, or school district meeting, who is not a citizen of this state, and a resident of the town, city, vil- lage, or school district where said person may claim a right to vote. Tiie word " citizen" as used in this act [section], shall be construed to mean a person born within this, or some one of the United States, or naturalized agreeably to the acts of congress, or a person wlio has become a freeman of this state, by virtue of the laws in force before June 26th, 1828. No. 12 of 18(!4, p. ;51. Section 48. If at any school district meeting, in any school district in this state, any person shall ofler or claim the right to vote in school district meeting whose vote shall be objected to by one or moie legal voters present, for the reason that said person is not a legal voter in said district, the moderator presiding at such meeting shall not receive such vote so objected [to,] until the right of such person to vote in such district shall be determined as hereafter provid- ed in section two of this act. [Section 49 of this compila- tion.] § 1, No. 17 of 1870, p. 54. Section 49. Whenever any person's vote or right to vote in any school district meeting shall be objected to, as mentioned in section one of this act, the moderator presid- ing at such meeting, the clerk and such members of the prudential committee as may be present, shall consider and decide the question of said claimant's right to vote in said meeting, and his vote shall thereupon be received or reject- ed, as may by them be determined. § 2, No. 17 of 1870, p. 54. COMPILATION OP THE SCHOOL LAWS. 29 Section 50. The provisions of this act shall not in any way aflect the rights of any person in law or equity in any suit or proceeding concerning school districts and the votes thereof. §3, of No. 17 of 1870, p. r)4. Section 51. Any school district may, by vote at a meet- ing duly warned and liolden for that purpose, authorize the prudential committee or trustees of such district to estab- lish an evening school or schools in such district, and make all necessary arrangements and provisions therefor, in the same manner as day schools are now sustained ; and each session of such evening school shall be treated and consid- ered as a half-day session of a public school. § 2, No. 37 of 1874, p. fiS. Section 52. The several school districts in this state shall have povv^er at their annual meetings to designate the number of weeks during which the winter and summer schools shall be sustained in such districts, and appoint the time for the commencement of such schools. And in case the prudential committee of such districts shall refuse or neglect, for more than two weeks after the time thus ap- pointed, to provide such schools, in compliance with such direction, such districts may, at any legal meeting warned for that purpose, declare the office of prudential committee in such district vacant ; and thereupon such offices shall be- come legally vacant, and such districts may then proceed to fill such vacanc}'^, by the election of a prudential committee, who shall thereafter be clothed with all the powers, and sub- ject to all the duties and liabilities they would have been liable to if elected at the annual meeting of such districts. Ch. 22 G. S., § .30. 80 COMPILATION OP THE SCHOOL LAWS. Section 53. The several school districts shall be author- ized to take and hold any estate, real or personal, conveyed to them for the purpose of supporting schools in such districts, and may take care of, dispose of, and appropriate the same for such purpose ; and may commence and prosecute any action against any person for the non-performance of any contract made with them, or for any damage done to their property, and may be sued for the non-performance of any contract made by them. Ch. 22 G. S., § 31. Section 54. The officers of each school-district shall be a moderator to preside in the meetings, a clerk, a collector of taxes, a treasurer, one or three auditors, and a pruden- tial committee consisting of one or three legal voters in such district, all of which officers sliall be elected at the annual school-meeting, which shall be held on the last Tuesday of March of each year, and their term of office shall commence at the time of their election, and continue until others are chosen ; and the duties of the treasurer and auditors shall be identical with the duties of the town-treasurer and town- auditors, in their respective school-districts. Ch. 22, § 32, G. S., as amended by No. 12 of 1872. No. 18 of 1867, p. 26. 11 Vt. 618; 20 Vt. 487; 23 Vt. 416; 32 Vt. 769. Section 55. The several collectors of school districts in this state, before entering upon the duties of their respec- tive offices, if required thereto by a vote of their districts respectively, shall give bonds to such districts for the faith- ful performance of such duties, in such sum and with such sureties as such districts may require. § 1, No. 18 of 1867, p. 26. Section 56. If any such collector shall neglect for the space of ten days to give bonds as required in the preceding COMPILATION OF THE SCHOOL LAWS. 31 section of this act ; or if any person chosen to the office of collector of taxes in any school district shall, upon the re- quest of the prudential committee of such district, refuse to perform the duties of such office, his office shall be vacant. §2, No. 18ofl,S()7, p. 2i>. Section 57. The prudential committee of any school- district in this state may require the collector of taxes in their district, before he enters upon the duties of his office, to give bonds to the district for the faithful performance of his duties, in a sufficient sum with good and sufficient sure- ties. And if any persor. chosen to the office of school-dis- trict collector in any school-district in this state shall, after being requested by the committee to give such bond, neglect for ten days next succeeding such request, his office shall be vacant. No. 18 of 1870, p. 55. Section 58. Whenever any school district shall raise a tax, such school district may, by vote passed at the same meeting, direct the collector of taxes to deduct such per cent, as shall be fixed by said vote from the tax of every tax-payer who shall pay his or her tax, by a day fixed by said vote. § 1, No. 14 of 1874, p. 27. Section 59. The collector of taxes shall notify the tax- payers of such school district at what time and place he will attend to receive taxes so voted, and allow such deduction by posting notice thereof in three public places in said dis- trict, and by causing the same to be published in each news- paper that may be printed in said district, at least ten days before the time named in such notice. §2, No. 14 of 1874, p. 27. 32 COMPILATION OF THE SCHOOL LAWS. Section 60. Every tax-payer who shall neglect to pay his or her tax on or before the day named in such vote, shall not be entitled to sucli deduction, and the collector shall collect the whole tax of such delinquent tax-payer in the manner now by law provided. § .^, No. U of 1874, p. 27. No. 11 of 1874, p. 24. Section 61. All collectors of school district taxes shall on request in writing signed by one or more of the pruden- tial committee of such school district, pay to the treasurer of such school district all moneys belonging to the same by hira collected up to that time, and submit his tax-book and list to said treasurer for inspection and computation. §2, No. 11 of 1874, p. 24. Section 62. Any collector neglecting or refusing for the space of ten days to perform the duties required by sections one and two of this act, sliall be liable to a fine of one hun- dred dollars for each neglect or refusal ; and such fine may be recovered in an action upon this statute in favor of such town or district. § 3, No. 11 of 1874, p. 24. Section 63. Any school district may elect the first con- stable in any town to be the collector of taxes in such district, if such constable shall choose to accept such office, notwith- standing such constable may not be an inhabitant of such district ; and so elected and accepting, such constable shall have all the powers and be suliject to all the duties which, by law, are vested in or imposed upon school district col- lectors. Ch. 22 G. S., §33. Section 64. In case of the death, absence or disability of the moderator of a school district, at any meeting legal- COMPILATION OF THE SCHOOL LAWS. 83 \y warned, a moderator pro tempore may be chosen to pre- side in said meeting. Ch. 22 G. S., §34. Section 65. When, from any cause, a vacancy shall oc- cur in the offices of clerk, collector of taxes, treasurer, or prudential committee, of any school district in any town in this state, the selectmen shall appoint a suitable person, resi- dent of said district, to fill such vacancy, until a new election shall be made ; and the officers so appointed shall have all the powei's, and be subject to all the duties, requirements and liabilities, as they would be if chosen by such school district ; and in all cases of vacancy which have occurred, or may occur, the school district may make a new election, at a special meeting thereof, notwithstanding the appoint- ment by the selectmen. Ch. 22 G. S., §35, as amended by No. 3G of 1868, p. 38; 11 Vt. 618; 26 Vt. 503; 39 Vt. 598. Section 66. In the absence or disability of the clerk of any school district, it shall be the duty of the prudential committee of such district to discharge the duties imposed on clerks of school districts in this chapter. Ch. 22 G. S., §36. Section 67. It shall be the duty of the clerk of each school district in this state to keep a fair record of all votes and proceedings of school meetings in their respective dis- tricts, and to certify the same when required ; and every district clerk, and every prudential committee discharging the duties of a district clerk, who shall willfully violate the provisions of this section, shall be subject to the penalty imposed in section fifty-eight of this chapter [section 105 of this compilation]. Ch. 22, §37, G. S., as amended by No. 39 of 1874, p. 69. 3 34 COMPILATION OF THE SCHOOL LAWS. Section «68. The clerks in the several school districts in each town, shall, annually, in the month of February, ascer- tain from actual inquiry or otherwise, all the births and deaths which have happened in their respective districts dur- ing the year next preceding the first day of January, to- gether with such facts concerning the births and deaths as are required by the preceding section of this chapter, and shall make an accurate return thereof to the town clerk of the town in which such school district is situated, on or be- fore the first day of March ; and the district clerk, or other person or persons authorized to perform his duties and make such returns, shall be entitled to receive from the treasury of such town ten cents for each and every birth and death so returned. And the selectmen of the several towns shall draw orders on the treasurer of their respective towns for the pay- ment thereof to the aforesaid clerks. And if such person shall neglect or refuse to make the returns required by this sec- tion, he shall be liable to a fine of not less than five dollars for each neglect or refusal. No. 35 of 1865, p. 45, as amended by No. 49 of 1868, p. 49. Section 69. The clerks of the several school districts in this state, for making returns of births and deaths, as now required by law, shall receive as compensation therefor, the sum of fifteen cents for each birth and death so returned. Provided, that in case their returns are incomplete or incor- rect, they shall forfeit all compensation therefor, and be lia- ble to a fine of not less than five dollars. § 1, No. 49 of 1868, p. 49. Section 70. It is hereby made the duty of the select- men of the several towns in this state, to draw an order on the treasurer of their respective towns, to pay the compen- sation aforesaid, on the presentation to them of a certificate COMPILATION OF THE SCHOOL LAWS. 35 from the town clerk that the returns have been make accord- ing to law. §2, No. 40oE18()8, p. 49. Section 71. It is hereby made the duty of the several town clerks in this state, to carefully examine the returns of births and deaths made to them by the clerks of the sev- eral school districts in their respective towns ; and in case the returns are in all respects made up and returned agree- ably to law, they shall furnish to each school district clerk, so complying with the requirements of law, a certificate which shall entitle him to the compensation aforesaid ; and in case such returns are incomplete or incorrect, they shall forthwith cause prosecutions to be commenced against such delinquent school district clerk, in the name of the state, to recover any penalty or forfeiture imposed by the provisions of this act. § 3, No. 49 of 1868, p. 49. Section 72. The clerk in each school district shall, an- nually, in the month of January, make a correct list of the names and ages of all persons between the ages of five and twenty years, resident in his district on the first day of Jan- uary, with the names of heads of families and whole num- ber of persons under twenty in each, and return the same to the town superintendent on or before the thirty-first day of January. He shall also prepare and return therewith a tab- ulated abstract of the same, exhibiting the following items : 1. The whole number of families in the district. 2. The whole number of families having children under twenty years of age. 3. The whole number of children under twenty. 4. The number of children under five, between five and ten, between ten and fifteen, and between fifteen and twenty, 86 COMPILATION OF THE SCHOOL LAWS. respectively ; and clerks of school districts shall receive for their services in making such list two cents for each and ev- ery name of a child not less than five nor over twenty years of age, so returned by them, and also two cents per name for heads of families so returned by them ; and prudential committees are hereby authorized to draw their orders on school district treasurers for the same. § 1, No. 11 of 1870, p. 89, as altered by No. IS of 1872, § 4, p. 57. Section 78. In towns not divided into districts the du- ties prescribed in section one shall devolve on the clerk of the school board, who shall also collect the statistics of births and deaths required by section two of chapter seven- teen of the general statutes. § 2, No. 11 of 1870, p. 45. Section 74. The school year for the purpose contempla- ted in this chapter, shall be taken as commencing on the first day of April in each year and ending on the last day of March following. Ch. 22 G. S., §38. Section 75. It shall be the duty of the prudential com- mittee to keep each school-house in their district in good order, at the expense of the district ; and in case there shall be no school-house, to provide a suitable place for each school at the expense of the district ; to see that fuel and furniture, and all appendages and things necessary for the advantage of the school, be provided ; to appoint and agree with a teacher to instruct the school, and remove him when necessary ; and adopt all requisite measures for the inspec- tion, examination, and regulation of the school, and for the improvement of the scholars in learning. Provided, how- ever, in case there shall exist any disagreement or differ- COMPILATION OF THE SCHOOL LAWS, 37 ence between the measures adopted by the prudential com- mittee for the inspection, examination, and regulation of the school, and for the improvement of the scholars in learning, and the measures adopted therefor by the town-superintend- ent, the measures adopted by the town-superintendent shall govern. Ch. 22 (i. S., § ;«). Proviso added by No. 17 of 1872. 20 Vt. 487; 24 Vt. 528; 30 Vt. 155; X5 Vt. 77; 37 Vt. 497: 37 Vt. 521; 38 Vt. 529. Section 76. If any school district shall, for the period of six months next after the time fixed by law for the annu- al school meeting, omit or neglect to cause a common school of some grade to be taught in such district for at least two months, by means of such omission or neglect, all the offices of said district shall be vacated ; and on the application of any two legal voters in said district, the selectmen of the town in which such district is located shall proceed to fill such vacancies as is provided fi)r by law in the case of va- cancies in such offices otherwise occurring ; and it shall be the duty of the prudential committee to sustain a sufficient school in such district at least four months in each school year, at the expense of such district, and such committees shall have all the powers given by law to prudential com- mittees duly elected in legal school meeting ; and such com- mittee is hereby further empowered, without previous vote of such district, to assess a tax upon the grand list of such district for the amount necessary to sustain such school for the four months specified, and make out a rate-bill therefor, and proceed in all respects in the collection and disburse- ment thereof, as though directed so to do by a previous vote of a legal school meeting in such district. And it is further provided, if any district, either by vote or otherwise, shall fail to commence and maintain a term of school, within four weeks from the tenth day of Novem- 38 COMPILATION OF THE SCHOOL LAWS. ber in each year, and within four weeks from the first day . of May in each year, or shall fail to provide and keep in proper repair a suitable place for both winter and summer school, the selectmen of the town, on the application of any two legal voters in the district, and upon hearing of the parties, may declare all offices in the district vacant, and thereupon shall proceed to provide a suital)le jilace for a winter and summer school, and may employ some suitable person to teach school in said district, for a period not less than three months ; and to defray the expenses, they may lay a tax on the district in the manner now provided by law, by prudential committees, and may appoint a collector of taxes, and clerk, who shall have the same poweis and perform the same duties as are now pi'ovided for school dis- trict collectors and clerks. And provided further, that the foregoing provision shall not apply to any district which shall have maintained two terms of school in said district, of not less than ten weeks each, after the first of May and previous to the last day of December in such year, agreeably to a vote of the inhabi- tants of such district, at the preceding annual meeting thereof. Ch. 22 G. S., §40, as amended by No. 5 of Ism, p. 11. Second proviso enacted by No. 14 of 1870, p. 50. 35 Vt. 632. Section 77. The meetings of a school district shall be appointed and notified by the clerk, on application to him in writing, by three or more lega,l voters of the district; and in case of the absence or neglect of the clerk, one or more of the prudential committee shall appoint and notify such meetings on such application ; and the meetings shall be notified by posting up notices in one or more of the most public places in the district, specifying the time, place, and COMPILATION OF THE SCHOOL LAWS. 39 object of the meeting, at least seven and not more than twelve days before the time therein specified for the meet- ing; and every district clerk or prudential committee who shall willfully violate the provisions of this section, shall be subject to the penalty imposed in section fifty-eight of this chapter [section 105 of this compilation]. Ch. 22 G. S., §41. 1-1 Vt. 300: 16 Vt. 439; 17 Vt. 337; 20 Vt. 487: 22 Vt. 30fl. Section 78. The annual meeting of a school district may be appointed and notihed by the clerk of said district without any application to him therefor by any of the vo- ters of the district ; and such annual meeting shall be noti- fied in the manner provided by law for the notification of special school district meetings. And in case of the absence or neglect of the clerk, one or more of the prudential com- mittee may appoint and notify such annual meeting as afore- said, without any application to him therefor by any of the voters of the district. Ch. 22G. S.,§42. Section 79. The several school districts may, by a vote in a legal meeting appointed and notified as required in the forty-first section of this chapter [section 77 of this com- pilation], raise money by a tax on the grand list of the dis- tricts for the purpose of erecting, repairing, and furnishing a school house, or to purchase or hire a building to be used as a school-house, and to purchase land for a school-house to stand upon, and for yards, and for the necessary erection of outbuildings thereon, and for the accommodation of the same, and to support a school in such district, as may be judged necessary or expedient. Ch. 22 G. S., § 43, as amended by No. 16 of 1870, p. 53. 23 Vt. 416; 31 Vt. 337; 32 Vt, 769; 43 Vt. 362; 43 Yt. 207; 43 Vt. 123, 40 COMPILATION OF THE SCHOOL LAWS. Section 80. Each'district may also determine, by a vote of two-thirds of the legal voters present, in what place and in what part of the district the school house shall be located, and may choose a committee to superintend the l>uilding, repairing, or purchasing of such school house, for procuring the necessary furniture and utensils for the same ; and if the voters in any district cannot agree upon the location of the school house, the selectmen of the same town, on appli- cation to them by the prudential committee, may fix upon the place for the school house in such district. Ch. 22 G. S., §44. 43 Vt. 362; 43 Vt. 207. Section 81. When a tax-bill shall be laid, or ordered by vote of any district, for the purpose mentioned in this chapter, all real estate shall be taxed iu the district in which it is situated. Ch. 22 G. S., §45. Section 82. If any school district shall omit or neglect to provide a suitable school house for such district, for the period of two years next previous to the application herein provided, on application in writing of thi'ee legal voters in such district, to the selectmen of any town in which such district is located, such selectmen shall appoint a time and place when such application shall be heard by said select- men, and shall cause such applicants to give notice of such application, and of the time and place of hearing, to such school district, by service of such notice in the same manner as writs of summons, at least twenty days before such hearing. § 1, No. 60 of 1864, p. 67. Section 83. Such selectmen shall carefully investigate the matter set forth in such application, and if, in their COMPILATION OF THE SCHOOL LAWS. 41 opinion, such district is guilty of negligence in the prem- ises, and the interests of education in such school district so require, such selectmen shall order such district to build a school house, which order shall he served on such district in the same manner as ordinary process in civil causes. § 2, No. 60 of 1864, p. 67. Section 84. If any school district shall neglect, for the period of six months after the service of such order, to di- rect, by vote of a legal school meeting of said district, a school house to be built in compliance with such order, and shall, for the same period of time after the service of such order, omit to raise money for the purpose of building such school house, the selectmen of such town making such order shall be and they are hereby empowered, to assess a tax upon the grand list of such school district, for an amount necessary to build such school house, and make a rate bill therefor, and proceed in the collection thereof in the same manner as is provided by law for the collection of town taxes ; and said tax shall be collected by the first constable of such town, and paid over to such selectmen, and by them appropriated in building such school house. § 2, No. 60 of 1864, p. 67. iSECTiON 85. All proceedings under this act shall be rec- orded in the town clerk's ofl&ce of any town in which such district is located, and copies of such record certified by the clerk of such town shall be legal evidence thereof. § 4, No. 60 of 1864, p. 67. Section 86, At any meeting of any school district, le- gally warned, the legal voters in such district may instruct the prudential committee to omit, in making up the tax-bill for the support of schools, the names of such persons as are 42 COMPILATION OF THE SCHOOL LAWS. not able to pay their proportion of such tax ; two thirds of the voters present assenting thereto. Ch. 22 G. S., §46. Section 87. The prudential committee shall, as soon after the vote of the district for that purpose as the circum- stances of the case may require, assess a tax for the amount voted to be raised on the list of the inhabitants of such dis- trict, and on lands in such district belonging to persons liv- ing out of it, and make out a rate-bill of the same ; and any justice of the same county shall, on application for that purpose, make out a warrant in due form of law, directed to the collector of such district, authorizing and requiring him to levy and collect such tax, within the time limited therein, and pay the same to the treasurer of such district. Ch. 22G. S., §47. 31 Vt. 337; 32 Vt. 769; 34 Vt. 94; 34 Vt. 156. Section 88. All school-district tax-bills shall be made payable to the treasurer ; and the selectmen, upon making a division of the public school money, shall make the or- ders of the same payable to the treasurers in the several school-districts ; and the prudential committees of the sev- eral school districts shall draw orders for all sums due from said districts upon the respective treasurers thereof. Ch. 22 G. S., §48. Section 89. When such tax-bill and warrant shall be delivered to the collector, it shall be his duty to proceed in levying and collecting such tax in the same manner, and he shall have the same power, as provided by law for collectors in collecting town taxes ; and shall, within the time limited, collect and pay the same to the treasurer, to be applied to the purposes authorized by the vote of the district. Ch. 22 G. S., §49. COMPILATION OF THE SCHOOL LAWS. 43 Section 90. All expenses incurred by school-districts for the support of schools, shall be defrayed by a tax upon the grand list of said district. Ch. 22 G. S., § 50, as amended by No. 61 of 1864, p. 69. Section 91. The grand list to be completed on the 15th day of May for the assessment of town and highway taxes, shall bo the list on which all school district and village taxes voted on the first day of March, or at any time there- after within one year, shall be assessed. Ch. 8 G. S., §07. No. 12 of 1874, p. 25. Section 92. The prudential committee of any school dis- trict shall liave the same authority to enforce the collection and payment of the money voted and assessed by such dis- trict, as the treasurer of the town by law has, for enforcing the payment and collection of town taxes. Ch. 22 G. S., §51. Section 93. The legal voters in any district, at a legal meeting warned for that purpose, may remit or make aliate- ment on any tax-bill made out for the collection of taxes assessed by such district, to an amount not exceeding five per cent, of the same, two thirds of the voters, present at such meeting, agreeing thereto. Ch. 22 G. S., §52. Section 94. When any school district shall have been formed from territory or inhabitants belonging to two or more towns, the inhnbilants of such district, belonging to either town, may, if there shall be sufficient cause for it, procure their union with the other towns to be dissolved ; and, for that purpose, three or more of the legal voters may make application to a judge of the county court of the same county, whose duty it shall be to appoint three justices of 44 COMPILATION OF THE SCHOOL LAWS. the same county, not inhabitants of either town in interest, to inquire into the circumstances of the case. Provided^ that where a less number than three legal voters reside within the limits of such fractional part of said district, in either town, then any one legal voter, so applying for such relief, shall be entitled to the remedy provided in this sec- tion. Ch. 22 G. S., §52. Proviso added by No. 37 of 1868, p. 39. 34 Vt. SSi; 34 Vt. 156. Section 95. If, in the opinion of such justices, it shall be expedient to dissolve such district, they shall order the same to be dissolved, and shall make a certificate thereof, and leave the same in the oflBce of the town clerk of each town interested, to be recorded; and shall thereupon order a distribution of the property belonging to such district, to the inhabitants thereof, residing in the several towns, and may order the payment of such damages by, or to, the in- habitants of either town, as shall be just and equitable. Ch. 22G. S., §54. Section 96. The inhabitants of each town, after the sep- aration, shall be deemed a legal school district, and may become organized in the manner provided for the organiza- tion of other districts, and may by vote assume a corporate name, unless a corporate name shall otherwise have been given to it, and may receive, recover, and take care of such damages or property as may be awarded to it by the jus- tices. Ch. 22G. S., §55. Section 97. No division, alteration, or enlargement of the limits, or uniting of any school districts in this state, heretofore made, or hereafter to be made, shall have the efiect to dissolve or merge said school district or districts COMPILATION OP THE SCHOOL LAWS. 45 until all debts and liabilities due from and to such district or districts, so divided, altered, enlarged, or united, shall have been fully settled and paid ; and the same right of ac- tion, in favor of or against such school districts, shall ex- ist, and may be enforced in the same manner and to the same extent, as though such school district or districts had not been divided, altered, enlarged, or united ; and all the officers of such districts, in office at the time of such divis- ion, alteration, enlargement, or union, shall continue in office, with all such powers as may be necessary for the ser- vice of process, calling district meetings, settling claims in favor of and against said districts, levying, assessing, and collecting taxes to pay liabilities, and fully to close up the concerns of such districts, and for those purposes only, un- til all debts and claims of such districts are fully settled and paid. No. 38 of 1868, p. 40. Section 98. Any school district of this state, at any le- gal meeting called for the purpose, shall have power to al- low the use of the school house of such district for meet- ings for religious worship, lectures, and other similar pur- poses, when not needed for school purposes. No. 10 of 1872, p. 49; 43 Vt. 207. Section 99. Whenever the inhabitants of any school dis- trict may be so situated as to be most convenintly accommo- dated for school purposes in some public school in a school district in an adjoining state, such school district in this state may, by vote in a meeting warned for that purpose, authorize the prudential committee to arrange with the school officers of such adjoining district for the schooling of the legal scholars of such district in this state, for a time not exceeding twenty-six weeks in any one year ; and in case 46 COMPILATION OF THE SCHOOL LAWS. such scholars are thereby provided with not less than twenty weeks schooling within the school year, it shall be deemed and held that such district in this state has supported a school, and may assess and collect a tax to defray the ex- penses of such schooling, and shall be entitled to their law- ful share of the public moneys. No. 11 of 1872, p. 49. Section 100. That any school district in this state, in which any academy is located, or any district adjoining said first mentioned district, is hereby authorized, at any legal meeting of such district duly warned for that purpose, which said meeting shall require at least twenty days' notice before the same is holden, to authorize and direct the prudential committee of such district to make any arrangement or agreement with the officers of said academy, to instruct in said academy all or part of the scholars belonging to such district, in all studies which are required by law to be taught in common schools, and such other instruction as is provided by law in case of graded schools. § 1, No. 9 of 1869, p. 13. Section 101. This act shall not be construed so as to give to said district the right in any manner to shorten the time required by law for maintaining common schools, or to make any contract or agreement with the officers of the cor- poration of any academy that shall be binding upon said dis- trict for any longer term than two years, and shall at all times be under the control of future legislation. § 2, No. 9 of 1869, p. 13. Section 102. Nothing in this act shall be construed to abridge the right of the school districts to receive the public money for attendance at such academy, the same as is now received for attendance upon the common schools. § 3, No. 9 of 1869, p. 13. COMPILATION OP THE SCHOOL LAWS. 47 Section 103. Any school-district, heretofore organized according to previous laws, shall remain a legal school-dis- trict, subject to the provisions of this chapter ; and the offi- cers which shall have been appointed, shall have the same power, perform the same duties, and be subject to the same liabilities, as are provided in this chapter. Ch. 22G. S., §56. Section 104. If any district clerk shall willfully neglect to make such return of the number of scholars in his dis- trict, as is required in this chapter, or shall knowingly and willfully make a false return, he shall forfeit and pay to the town, for the use of schools in such town, a sum equal to the amount of moneys which his district would have been enti- tled to draw from the treasury of the town during the year in which the offence shall be committed, to be recovered in an action in the name of the town, with costs. Ch. 22 G. S., §57. Section 105. If any district clerk or prudential com- mittee, whose duty it shall be to warn a meeting of any school district, for the purpose of choosing the necessary officers, or for other purposes, shall neglect or refuse to warn such meeting, for the space of ten days after applica- tion shall have been made to them in writing, by three or more legal voters belonging to such district, the person so offending shall forfeit and pay, for the use of the school in such district, twenty dollars for each delay of ten days, to be recovered in an action in the name of such district, with costs. Ch. 22 G. S., §58. Section 106. If any prudential committee, in any school- district in this state, shall pay out of the moneys of said dis- trict to any teacher employed therein, who has not obtained 48 COMPILATION OF THE SCHOOL LAWS. a certificate of qualification from the town superintendent in the manner required by law, or in case there shall be no town superintendent in such town, from the superintendent of some other town in the same county, such committee shall be liable to such district for all such moneys so by him or them paid, to be recovered in an action on the case, prose- cuted in the name of such district ; and it is hereby made the duty of the town agent of the town wherein such dis- trict is situated to prosecute all such actions to effect, at the expense of and in the name and for the benefit of such dis- trict. Ch. 22 G. S., §59. Section 107. Any contract for teaching hereafter made, between the prudential committee of any school-district and any common school teacher, shall be null and void, if the said teacher shall have failed to obtain a certificate of qualification of the superintendent of the town in which such district shall be situated, as provided for in the elev- enth section of this chapter, [section 24 of this compila- tion,] before the commencement of the school for which such contract shall have been made. Ch. 22 G. S., § 60. 1874, No. 35, § 3. 20 Vt. 495; 26 Vt. 115; 27 Vt. 281; 28 Vt. 575; 29 Vt. 433; 30 Vt. 586; 34 Vt. 270; 35 Vt. 520; 41 Vt. 353; 46 Vt. 453. HIGH, OR CENTRAL, OR GRADED SCHOOLS. Section 108. When the children of any school district shall have become so numerous as, in the opinion of the prudential committee, to require more than one teacher, the clerls of such district shall, on application of such commit- tee, call a meeting of such district, for the purpose of as- certaining the views of the district thereon. Ch. 22 G. S., §61. COMPILATION OP THE SCHOOL LAWS. 49 Section 109. If, at such meeting, a majority of the le- gal voters shall vote to have two or more schools in the dis- trict at the same time, such district may vote to erect as many school houses in the district as shall be found neces- sary, and shall, by vote or in such other manner as the legal voters present may determine, fix on the location of such school house or houses. Ch. 22 G. S., §02. Section 110. Any such district so composed of several schools niay by a vote of a majority of such district, at any meeting legally warned for that purpose, direct the teacher of the higher or central school of the district to teach any of the sciences or higher branches of a thorough education, which may not, by existing laws, have been authorized. Cli. 22 G. S., §63. Section 111. The prudential committee of such district, or a committee appointed for that purpose, shall have power to examine as to the age and qualifications of the children, and designate the school they shall each attend. Ch. 22 G. S., §64. Section 112. Children not residing in such district shall not be permitted to attend the higher school of such district, except with the consent of the prudential committtee, who may prescribe the terms upon which they maybe admitted. 1867, No. 16, p. 23; 1868, No. 33, p. 36; 1868, No. 35, p. 38; 1869, No. it, p. 13; 1869, No. 10, p. 14. Ch. 22 G. S., §65. Section 113. Any town is hereby authorized to establish and maintain one or more central schools, for the education of advanced pupils of the several districts ; provided, that such town shall, at their annual March meeting, vote to es- tablish such central school or schools. § 1, No. 16 of 1867, p. 22. 50 COMPILATION OP THE SCHOOL LAWS. Section 114. Whenever any town shall vote for the es- tablishment of a central school or schools, as aforesaid, a prudential committee of not more than three of the citizens thereof shall be elected for each central school, whose duties and prerogatives shall be the same as those of the pruden- tial committee of union districts, and they shall hold their offices for one year from the first Tuesday of March in each year, and until others are elected. § 2, No. 16 of 18G7, p. 22. Section 115. When any town shall establish a central school or schools, in pursuance of this act, the town treas- urer and town collector thereof shall perform the same du- ties in relation to the central school or schools as are now incumbent upon the treasurers and collectors of school dis- tncts. § 3, No. IG of 1867, p. 22. Section 116. For the support of such central school, each pupil shall pay to the town treasurer such sum per term for tuition as the prudential committee may deter- mine,' and which sum shall be fixed at the commencement of the term, and shall not be altered during the continuance of said term ; provided, that the said prudential committee may charge to non-resident pupils for tuition per term such sum as they shall deem just. § 4, No. 16 of 1867, p. 22. Section 117. If the sums received for tuition are not sufficient to maintain such central school, and pay the ex- penses incurred, for such number and length of terms as said prudential committee shall direct, then said prudential committee may assess a tax on the grand list within the lim- its of said central school district for the balance required to pay the expenses of said school, and issue a warrant to the COMPILATION OF THE SCHOOL LAWS. 51 collector of taxes, authorizing him to collect the same ; and the metes and bounds of such central school district shall be fixed by any town meeting legally warned for that pur- pose. § 5, No. 16 of 1867, as amended by No. 10 of 1869, p. 14. Section 118. When more than one central school is es- tablished in the same town, in pursuance of this act, the metes and bounds of each central school district shall be fixed by any town meeting, legally warned for that pur- pose ; and in assessing taxes, for deficiencies to maintain the respective central school, the said assessments shall be made by the prudential committee thereof, on the grand list within the limits of said central school district. § 6, No. 16 of 1867, as amended by No. 35 of 1868, p. 38. Section 119. Any town providing a central school or schools, in pursuance of this act, shall have all the powers of union districts, mentioned in chapter twenty-two, section seventy-two, of the general statutes. §7, No. 16 of 1867. UNION DISTRICTS. Section 120. Any two or more contiguous school-dis- tricts in this state may associate together and form a union district, for the purpose of maintaining a union school, to be kept for the benefit of the older children of such associated districts, if the inhabitants of each of such districts shall, at legal meetings called for that purpose, agree to form su'^h union by a vote of two thirds of the legal voters thereof, present at such meeting. Ch. 22 G. S., § 66. See No. 33 of 1868, p. 36. Section 121. The several union districts in this state, in the distribution of the public school money, by the several 62 COMPILATION OF THE SCHOOL LAWS. towns in which such union districts may be situated, as to that part which is to be distributed for attendance of schol- ars, shall be accounted as a common school district, and shall receive a proportionate share of the public school money, under the same regulations and conditions that are provided for common school districts. Provided^ however, that nothing in this section shall be construed as aftecting in any way the provisions of " an act to enlarge the powers of the Montpelier Union District," approved November 21, 1859. Ch. 22 «. S., §67. Section 122. Every union district thus formed shall be a body corporate, with the corporate powers of other school districts, in relation to prosecuting and defending suits at law, and holding real and personal property ; and shall be called by such name as said district at its first meeting shall determine. Ch. 22 G. S., §68. Section 123. The first meeting of such union district shall be called in such manner, and at such time and place, as may be agreed upon by the associate districts respectively, by a vote of the same, at the time of forming such union. Ch. 22 G. S., §69. Section 124. Such union district, at the first meeting thereof, shall choose by ballot a clei-k, who shall perform the same duties as are prescribed in relation to the clerks of other school districts, and shall hold his office until another shall be chosen in his stead. Ch. 22G. S., §70. Section 125. The several union school-districts shall hold their annual meetings for the election of officers on the first Wednesday after the last Tuesday of March in each COMPILATION OF THE SCHOOL LAWS. 53 year ; and the term of office of tlie officers then elected shall coutiiuie for one year, and until others are elected. Ch. 22 G. S., §7L Section 126. Such union district may, at any legal meeting called for that purpose, raise money for erecting, purchasing, renting, or repairing any building to be used as a school-liouse for the union school aforesaid, and purchas- ing or renting land for the use and accommodation thereof; also, for purchasing fuel, furniture, and other necessary ar- ticles for the use of said school, and in assessing and col- lecting a tax or taxes for the al)Ove purposes, the like pro- ceedings shall be had as are prescribed by law for other school-districts ; said district may also determine where said school-house shall stand, and in case the location thereof should not be so determined by said district, the same shall be referred to the selectmen of the town or towns in which such districts so uniting are situated, in the same manner as is provided in the case of other districts, and said dis- tricts may choose any committee to carry into effect the pro- visions aforesaid. Ch. 22 G. S., §72. Section 127. The chairmen of the prudential commit- tees, of the various districts composing the union district, shall together constitute the prudential committee of the union district, and the member of tlie prudential committee of any school-district first elected shall be considered the chairman thereof: Pj-ovided^ that whenever such union dis- trict shall be formed of an even number of districts, there shall be added to said committee one person, resident in such union district, who shall be chosen annually at any legal meeting of said union district, duly warned for that purpose, and who shall hold his office for one year there- 54 COMPILATION OF THE SCHOOL LAWS. after, and until another shall be chosen ; and such pruden- tial committee shall have, all the powers, and discharge all the duties in relation to said school, and the school-house or houses of such district, as are prescribed to other pruden- tial committees in relation to the school and school-houses in their respective districts. Oh. 22 G. S., § 73, as amended, by No. 24 of 1863, p. 32. Section 128. The prudential committee of the union dis- trict shall also determine the ages and qualifications of the children of the associated districts, who may attend the union school ; and every union school district shall be enti- tled to receive their proportion of the public school money, as provided in section sixty-seven of this chapter, [section 121 of this compilation], and under the regulations and con- ditions therein prescribed : Provided, however, that the schools in each of the associated districts shall continue to be maintained in the same manner as if there had been no provision for the establishment of union districts. Ch. 22 G. S., §74. Section 129. Each union district, at its annual meeting, shall choose a moderator and collector or collectors of taxes, and treasurer, who shall perform the same duties as pre- scribed in relation to moderator, collectors, and treas- urer of other school districts, and shall hold oflBce until oth- ers shall be chosen in their stead ; and such union district may, at any legal meeting called for that purpose, raise money for paying teachers' wages, and in assessing and col- lecting a tax or taxes for that purpose the like proceedings shall be had as are prescribed by law for other school dis- tricts. Ch. 22G. S., §75. COMPILATION OP THE SCHOOL LAWS. 65 Section 130. In case any distiict, being a member of a union school district, becomes dissatisfied therewith, it may withdraw therefrom by a concurrent vote of two-thirds of the voters present, at meetings duly warned for that purpose of the inhabitants of each of said districts respec- tively, to wit : the dissatisfied district and the union district : Provided, that the inhabitants of said dissatisfied district shall not be entitled to vote at the meeting of the union dis- trict on the question of permitting them to withdraw there- from. Ch. 22 G. S., §76. Section 131. If any contiguous school district wishes to join a union school district, it may do so by a vote of two-thirds of the legal voters, inhabitants of said contigu- ous district, at a meeting duly warned for the purpose, and shall thereupon become a member of, and entitled to share equally with the original members in all the rights and priv- ileges belonging to said union district: Provided, such union district shall, by a majority of two-thirds of the vo- ters present, at a meeting duly warned for that purpose, vote to receive such contiguous district. Ch. 22G. S., §77. TOWN SCHOOL FUND. Section 132. The selectmen of the several towns shall have the charge, care and management of all real and per- sonal estate, in any town, appropriated as a fund for the use of schools in such town, unless otherwise provided for by law, or unless the person granting such estate shall direct the same to be kept and managed in some other way, or by some other persons ; and the selectmen shall lease all lands, which may be appropriated for such purpose, and loan all 56 COMPILATION OP THE SCHOOL LAWS. moneys, on annual intei-est and with sufficient security, and shall annually render an account of the same to the town ; and may, in the name of the town, commence, prosecute, and defend all actions necessary for the recovery or protec- tion of the estate so intrusted to their care. Ch. 22 G. S., §78; 38 Vt. 193. Section 13P>. All leases, bonds, mortgages, and other securities, belonging to such fund, shall be deposited in the office of the treasurer of the town ; and the rents, interest, and income of such fund, and all moneys received on ac- count of the same, shall be paid into the treasury of such town ; and a separate account of the same shall be kept on the books of the treasurer. Ch. 22 G. S., §79. Section 134. The selectmen of each town shall, annu- ally, previous to the first day of January, assess a tax of nine cents on the dollar of the list of such town, to be col- lected and paid to the treasurer of the town previous to the first day of March succeeding, in the same manner that other town taxes are collected, except as provided in the two fol- lowing sections. Ch. 22 G. S., §80; 38 Vt. 229. Section 135. If, in any town, the income appropriated in such town for the use of schools, after deducting one- half the income arising from the United States deposit money, shall amount to as large a sum as would be raised by such tax, the selectmen shall not be required to assess the same ; or if such income shall be less, the selectmen shall assess a tax only sufficient, with such income, to amount to the sum which would be raised by a tax of nine cents on the dollar. Ch. 22 G. S., §81. COMPILATION OP THE SCHOOL LAWS. 57 Section 1o6. The several towns may, at the annual March meeting, or at any other mcetini2; warned lor that pur- ))ose, raise such sum for the use of schools as they may think proper, by a tax on the list of such towns : and if the sums so raised, together with the income appropriated to that use, after the deductions mentioned in the preceding section, shall in any one year amount to as large a sura as would l)e raised by the tax required by this chapter to l»e assessed l)y the selectmen, such tax may be omitted. Ch. 22 G. S., §82. Skction 1-)7. The oiie-h;ilf part of the proceeds of the tax assessed by the selectmen, with the income of any town ap[)ropriated to the use of schools, and all sums raised liy vote of the town foi- such use, shall annually, on the Friday next preceding the last Tuesday of March, be divfded by the selectmen of such town between the several common school dis- tricts in such town equally, without regard to the number of scholars such district may contain ; and the reniainingono-half shnll lie divided between such districts, including also any un- ion district, in proportion to the aggregate attendance of the scholars of such district, between the ages of five and twenty years, upon the common schools in such district, during the preceding school year ; such aggregate attendance to be as- certained from the record thereof, to be kept in the registers of such schools, by adding together the numl)er of days of actual attendance of each legal scholar, as shown by the register. And the same shall l)e paid over, under the di- rection of the selectmen, to the several treasurers of snch districts ; provided, that no union district, nor district for the support of common schools, shall receive any share of such moneys unless there shall, during the year next preced- ing such distribution, have been kept in such district a school 58 COMPILATION OP THE SCHOOL LAWS. for two full terms of ten weeks each, or their equivalent ; provided also, that nothing herein shall affect the powers of Montpelier union district, under the act entitled, " An act to enlarge the powers of such district," approved Novem- ber 21, 1859. Ch. 22 G. S., § 83, as amended by No. 40 of 1874, p. 69. Section 138. It shall be'^the duty of the selectmen, in making their distributions of public moneys as required in the preceding section of this chapter, to regard the returns of district clerks, as provided for in this chapter, as returns for the year preceding such distribution. Ch. 22 G. S., §84. Section^139. It shall be the duty of the selectmen of each town, in the month of April, annually, after they shall have made division of the public money to the several dis- tricts as required by law, to leave with the town clerk of the town a written statement of the amount of money by them divided to each di.-^trict during the current school year. Ch. 22 G. S., § 85. Section 140. When any district shall be formed of ter- itorry, or of inhabitants, belonging to two or more towns, such district shall receive from the treasury of each town a proportion of the moneys so distributed, as follows : First. Of that part which, by the provisions of this chap- ter, is to be divided equally among the districts, such sum as is in the proportion to the sum severally received by the other districts in such town, which the number of children in such district, residing in such town, bears to the whole number of children in such district. COMPILATION OF THE SCHOOL LAWS. 59 Second. Of that part of the public money which is re- quired to be divided among the districts in proportion to the aggregate attendance of the scholars of such districts, between the ages of five and twenty years, each district shall receive such sum as will be in proportion to the whole sum to be divided in such towns, which the aggregate atten- dance of the whole number of children in such district, re- siding in such town, bears to the aggregate attendance of the whole number of children in such town. And the clerk of such district shall make returns to the town superinten- dent of schools in each town, specifying the number of chil- dren in the district between the ages of five and twenty years, and the number residing in each of the towns com- posing such district, and the aggregate attendance of chil- dren in such district residing in each town, and also the ag- gregate attendance of the whole number of children be- tween the ages of five and twenty years, in such district. Ch. 23 G. S., § 86, as amended by No. 40 of 1S74, p. 71. Section 146. If the selectmen of any town shall neglect or refuse to assess, collect, or appropriate the tax for the support of schools as provided in this chapter, such town shall forfeit and pay to the county in which such town may be situated, as a penalty, a sum equal to double the amount which the selectmen shall be required to raise by tax, with costs, to be recovered, by information or indictment, in the county court of such county. Cli. 22 G. S., § 87.— 13 Vt. 565. Section 147. One fourth part of such penalty shall be for the use of the county, and tlie other three fourths thereof shall be paid to the selectmen for the use of schools in such town ; and it shall be the duty of the treasurer of the county, immediately after the receipt of such money, to give notice 60 COMPILATION OF THE SCHOOL LAWS. thereof to the selectmen of the town, and the selectmen shall forihwith leceive, apportion, and appropriate the same to the support of schools in such town, in the same manner as it should have been if raised by tax assessed by the select- men. Ch. 22 G. S., §88. Section 148. It shall be the duty of the grand-jurors impanelled before the several county courts, annually to in- quire and ascertain, whether the several towns in their jespective counties shall have duly assessed, collected, and expended the tax for the sui)port of schools, as required in this chapter ; and in case of any neglect, it shall be the duty of the grand-jurors to present tlieir indictment thereof to the coui't. Ch. 22 G. S., §89. Section 149. If any person intrusted, according to the provisions of this chapter, with the care, charge, or manage- ment of any money, land, or other property, belonging to any town or school-district for tlie use of schools, shall em- bezzle, misapply, or conceal the same, or any part thereof, he shall be liable to be removed from his trust, and shall forfeit to such town or district, as the case may be, a sum double the amount so embezzled, misapplied, or concealed, to be rcovered in an action on the case in the name of such town or district, with costs. Ch. 22 G. S., §90. UNITED STATES DEPOSIT MONEY. Section 150. The treasurer of this state shall be author- ized to receive any moneys, belonging to the United States, hereafter to be deposited with this state, and to give a cer- tificate of deposit for the same, according to the provisions of the existing law. Ch. 22 G. S., §91. COMPILATION OF THE SCHOOL LAWS. 61 Section 151. All such moneys belonging to the United States, which have been heretofore, or which shall hereafter be received by the treasurer of this state by deposit from the United States, shall be apportioned to, and continue to be distributed and deposited with, the several towns in the state, organized and unorganized, and to the gores of land, in proportion to the number of inhabitants in each, accord- ing to the census of the United States of the year one thou- sand eight hundred and sixty : Provided^ however, that the treasurer of the state shall hold in trust so much of such money as shall appertain to such unorganized towns and gores, to be put to interest for the use of such unorganized towns and gores, as he shall deem most expedient ; and he shall pay so much of the interest thereof annually, as may be apportioned to the population thereof, to such unorgan- ized towns and gores as may be entitled to the same, for having maintained a school or schools therein the previous year ; the inhabitants of said unorganized towns and gores being hereby authorized to form themselves into districts for the support of schools, and the payment of such interest shall be made to the treasurers of such districts ; and if there be more than one school-district ^'n any unorganized town or gore, the same rate shall be observed in apportion- ing the money among the districts, as is provided for in organized towns. Oh. 22 G. S., §92. Section 152. It shall be the duty of the treasurer of the state to see that a just and true apportionment among the organized and unorganized towns and gores shall be or shall have been made of the public moneys so deposited as soon as may be, according to the United States census for eigh- teen hundred and sixty ; and whenever there shall be from 62 COMPILATION OF THE SCHOOL LAWS. time to time a new census of the population of this state, under the laws of congress or of this state, a new apportion- ment of such moneys shall be made by such treasurer among such towns and gores as need be. Ch. 22 G. S., §93. Section 153. Whenever it shall be found, that, upon any apportionment which shall have been made upon the United States census of eighteen hundred and sixty, or upon any new and subsequent apportionment, any town shall have more of such moneys than its just proportion, the treasurer shall have a right to demand and recover from such town the amount of such excess ; and if it shall be found that any town shall have less than its just proportion, it shall be the duty of the treasurer to make up the deficiency and pay over the same to such town. Ch. 22 G. S., §94. Section 164. The several towns shall, at each annual meeting, elect one or more trustees, not exceeding three, in the same manner other town officers are elected, whose duty it shall be to receive, take care of, and manage the money deposited with the respective towns, and they shall at each annual meeting of their respective towns make a full repoit of the condition and situation of the deposit money received by them. Ch. 22 G. S., §95. Section 155. If any town shall neglect or refuse to ap- point such trustees, it shall be the duty of the treasurer of the state to retain the proportion which may belong to such town, and shall annually, previous to the first day of March, pay to the treasurer of such town the interest on the same. Ch. 22 G. S., § 96, as amended by No. 39 of 1865, p. 47. COMPILATION OP THE SCHOOL LAWS. 63 Section 156. The treasurer of the state is authorized, in the collection of the United States deposit money, loaned by former treasurers, to adjust and settle the same as may seem for -the interest of the state. Oh. 22 G. S., § 90, as aDiended by No. 39 of 1805, p. 47. Section 157. The trustees of the several towns, before they enter upon the duties of their office, shall execute a bond to such towns, with three or more sufficient sureties, in such sum as the selectmen shall direct and accept, with a condition : First. Faithfully to perform their duty in loaning, man- aging, and accounting for all sums of money which may be placed in their charge, under the provisions of this chapter. Second. To pay over the same, or any part thereof, as may be required by law. Ch. 22G. S., §97. • Section 158. If any person, elected trustee according to the provisions of section ninety-five of this chapter [sec- tion 154 of this compilation] , shall neglect or refuse to give bonds as provided by the preceding section of this chapter, his office shall be vacant, and such vacancy may be filled by the town by a new choice at any legal meeting, as in other cases of vacancy in town offices. Ch. 22 G. S., §98. Section 159. When trustees shall be appointed by any town, as provided in this chapter, and shall have given bonds as required in section ninety-seven of this chapter [section 157 of this compilation], the treasurer of the state shall pay over to such trustees all such moneys as such town shall be entitled to ; and the trustees shall thereupon ex- ecute to said treasurer their receipt for the same, of the 64 COMPILATION OF THE SCHOOL LAWS. tenor and effect of the certificate of deposit which the treas- urer has been or shall be required to give to the secretary of the treasury of the United States. Ch. 22G. S., §99. Section 160. Each town, which has or shall appoint trustees, and through them shall or shall have received its proportion of the moneys of the United States, so deposited with this state, shall be accountable to the state for the re- turn of the same, or any j)art thereof, whenever it shall be required by the treasurer of the state, on the requisition of the United States, or for the purpose of carrying into effect a new apportionment, in like manner as towns are accounta- ble for state taxes. Ch. 22 G. S.. §100. Section 161. The trustees of the several towns shall loan the money, deposited with such towns, in such sums and to such persons as they shall judge expedient, with suf- ficient personal security, or on mortgage, as they may deem amply safe, taken and made payable to the respective towns, at an interest of six per cent., payal)le annually. Ch. 22 G. S., § 101. Section 162. The loans shall be made for a term not exceeding one year at one time ; and the money may be col- lected at the expiration of the period for which it shall be loaned, and be loaned anew to other persons, or the loan may be extended to the same persons for an additional pe- riod, in the discretion of tlie trustees. Ch. 22 G. S., § 102. Section 168. The trustees of the surplus money of the United States, in the several towns in this state, are author- ized to loan the same to their several towns, agreeably to the provisions of this chapter : Provided, that the town COMPILATION OP THE SCHOOL LAWS. 65 shall, at a meeting legally warned and holden for that pur- pose, authorize the selectmen to borrow the same for the benefit of the town. Ch. 22 G. S., § 103. Section 164. All the income received for interest on the moneys so deposited with any towns, and all the income which may be paid over by the treasurer of this state for interest to any towns, when such towns shall not appoint trustees and receive their shares of such moneys, shall be annually appropriated to the support of schools in the re- spective towns. Ch. 22 G. S., §104. Section 165. It shall be the duty of the trustees, annu- ally, previous to the first day of March, to pay over to the treasurer of their respective towns all the income received for interest on such moneys ; and the treasurer shall add all sums so received, and such as may be received from the treasurer of this state, for interest, according to the provis- ions of this chapter, to the other school moneys, and shall give credit for the same, in his account of that fund ; and the same shall be distributed by the selectmen, as other moneys, to the several school districts, for the support of schools therein. Ch. 22G. S., §105. Section 166, If any town shall have other school funds, the income of which shall be sufficient to support schools in all the districts in such town for six months in each year, such town shall not be required, as provided in the two pre- ceding sections, to appropriate the income of such deposit money for the support of schools ; but may appropriate the same to any other use, as said town shall direct. Ch. 22 G. S., § 106. 66 COMPILATION OF THE SCHOOL LAWS. Section 167. If any town shall refuse or neglect to per- form any of the duties required by the provisions of this chap- ter, in relation to the management or disposition of the money so deposited with such town, or the interest thereof, such town shall, on indictment and conviction thereof, forfeit and pay, as a fine, to the treasurer of the county in which such town shall Ije situated, and for the use of such county, a sum not exceeding double the amount of the interest of such moneys. Ch. 22 G. S., §107. Section 168, It shall be the duty of the grand jury, impanelled before any county court, to inquire into the man- ner in which the several towns shall have managed and dis- posed of the moneys so deposited with them, and the annual interest thereof; and in case of any failure of any town to comply with the requisitions of this chapter, relating to such deposit money, it shall be their duty to present to the court their indictment therefor against such town ; and notice thereof shall be given to such town, as is required in case of indictment for not repairing highways. Ch. 22 G. S., § 108. Section 169. It is hereby made the duty of every teacher of a common school, or of a union school, before he com- mences his school, to procure from the clerk of the district in which he shall teach, a school register, and therein keep a true record of the daily attendance of each scholar who may attend such school, while under his instruction, in ac- cordance with the form prescribed in such register, and at the close of his school shall enter in said register correct answers to all statistical inquiries therein addressed to teachers, and return such register to the district clerk pre- vious to the receipt of his wages as such teacher. And it is COMPILATION OF THE SCHOOL LAWS. 67 hereby made the duty of each district clerk to comply with all the requirements made of him in the register or regis- ters of his district, in reference to the statistics of his dis- trict, and make oath to the correctness of his returns before a justice of the peace of the county in which he resides, and file said register or registers in the office of the town super- intendent on or before the twentieth day of March in each year ; and no portion of the public money in any town shall be distributed to any district whose school register or regis- ters shall not be properly filled out and filed in the town clerk's office, pursuant to the provisions of this chapter. Ch. 22 G. S., §110. 1864, No. 58, p. 66; 1865, No. 28, p. 40; 1872, No. 18, p. 56. See No. 30 of 1865, p 41. 46 Vt. 457; 35 Vt. 623; 41 Vt. 353. Section 170. The several teachers of common schools in the state shall faithfully keep all the records required by section one hundred and ten, chapter twenty -two, of the gen- eral statutes [section 169 of this compilation], and shall make correct answers to all statistical inquiries required by said section, and shall make due return thereof to the district clerk, or such person as he may designate ; and no pruden- tial committee shall be authorized or allowed to pay such teachers for their services until the register properly filled up and completed shall be so returned. No. 30 of 1865, p. 41. Section 171. It shall be the duty of the district clerk to certify to the teacher that the register so returned is filled out and certified to by said teacher, as required by law ; and said teacher shall not be entitled to his wages except on presentation of said certificate to the prudential commit- tee of said district. No. 19 of 1867, p. 27. 68 COMPILATION OF THE SCHOOL LAWS, SCHOOL HOUSES AND YARDS. Section 172, Whenever it shall be determined in any school district in what place in said school district the school house shall be located, and the owner or owners of the land upon which it is proposed to locate such house, includ- ing also sufficient lands for school house yards, and conven- ient and necessary outbuildings, shall refuse to sell and con- vey the same, by deed, to such district, or shall, in the opin- ion of the prudential committee of such district, demand an unreasonable sum therefor ; and also whenever in the opin- ion of any school district, expressed by vote of such dis- trict at a legal meeting warned for that purpose, it shall be- come necessary to have more land attached to the school house of such district, for the accommodation and conven- ience of the same, or to enlarge the grounds or lands be- longing to and adjoining such school house lands, such dis- trict may purchase for the use of the same such lands as may be necessary for the accommodation and convenience of the same ; and if the owner or owners of such lands shall refuse to convey the same, by deed, to said district, or, in the opinion of such district, shall demand an unreasona- ble sum therefor, such district, by their prudential commit- tee, in any of the aforesaid cases, may apply to the select- men of the town in which such district is located, whose duty it shall be to locate and set out such lands as may be required for any of the aforesaid purposes, and when the same shall have been determined upon by them, to cause the same to be surveyed ; and they shall proceed to ascertain what damages shall be sustained by the owner or owners of the same ; but before they shall determine the amount of damages which any one may sustain, they shall cause him to be notified of the time and place of hearing, either per- COMPILATION OP THE SCHOOL LAWS. 69 sonally or ])y leaving written notice at the residence of such owner or owners of the land ; and when they shall have completed their inquiries, they shall make their report, stat- ing particularly all their proceedings and decision, with their survey and appraisal of damages, if any, and shall file the same in the town clerk's office in the town where such lauds are situated, and shall cause the same to be there recorded. Ch. 22 G. S., §114; 33 Vt. 271. Section 173. Before the school district shall enter on such lands, it shall pay or tender to such owner or owners the amount of such damages so appraised by said selectmen. Ch. 22G. S.,§115. Section 174. If the owner or owners of such land shall not accept the damages so appraised by said selectmen, the prudential committee of such district, on behalf of such dis- trict, may agree with the owner or owners of such land, to refer the question of damages to one or more disinterested persons, whose award shall be made in writing and shall be final, « Ch. 22G. S., §116. Section 175. If any person interested in the land which the selectmen may have located and set out, as aforesaid, shall be dissatisfied with such location, or with the compen- sation awarded for his damages, he may make his applica- tion in writing l)y petition to the county court in the same county, and at their next stated term, if there should be sufficient time for notice, and if not, to the next succeeding term, and any number of persons aggrieved may join in the petition ; and the petition, together with a citation for that purpose, shall be served on one or more of the prudential committee of such school-district, at least twelve days be- 70 COMPILATION OF THE SCHOOL LAWS. fore the session of the county court, and the court shall ap- point three disinterested commissioners to inquire into the convenience and the necessity of such school-house, and the manner of its location, and of the necessity of such lands, and the amount required, as well as the matter of damages which may have been sustained by the persons interested therein. Ch. 22 G. S., §117. Section 176. The commissioners shall give six days' notice to one or more of the prudential committee of such school-district, of the time and place when and where they will make such inquiry, and hear the parties ; and on the report of such commissioners the court may establish or set aside such location, or such parts thereof as shall appear just, and may render judgment for the petitioner to recover against such school-district such sum for damages as shall appear to said court to be just and reasonable, and the court may tax costs for either party as shall appear to be just. Ch. 22 G. S., §118. Section 177. When application shall be, made to the county court as provided in the two preceding sections of this chapter, the opening of the lot of land surveyed and laid out by the selectmen shall be stayed until the decision of the county court in the premises ; and such court may fix the time for opening the same and the payment of dam- ages, and if such damages shall not be paid within the time limited, the court may award execution for the same. Gil. 22 G. S., §119. Section 178. If any school-district shall require lands for any of the purposes specified in the one hundred and fourteenth section of this chapter, and the lands so required be encumbered by mortgage, such school district shall cause COMPILATION OP THE SCHOOL LAWS. 71 the same notice to be given to the mortgagee, or the assignee of the mortgage, that is required to be given to the owner ; and the damage agreed upon, or otherwise determined, as specified in this cliapter, shall be paid to the mortgagee or his assignee ; but if the sum due on the mortgage be less than the damage, the amount due thereon shall be paid to the holder, and the balance to the owner, on the payment of which damage a valid title shall vest in the district for the purpose aforesaid. Gh. 22 G. S., §120. COMPULSORY EDUCATION. 1867, No. 35, p. 47. AN ACT CONCERNING THE EDUCATION OF CHIL- DREN BETWEEN EIGHT AND FOURTEEN YEARS OF AGE. Section 1. Every child of good health and sound mind, between eight and fourteen years of age, in this state, shall attend a public school at least three months in the year, un- less such child has been otherwise furnished with the means of education for a like period of time, or has already ac- quired the branches of learning taught in the public schools. Section 2. No child between the above ages, who has resided in this state one year, shall be employed in any mill or factory, unless such child has already attended a public school three months within the year next preceding. Section 3. Every parent or guardian who permits his child or ward to violate the above provisions, or any owner, employer or overseer of any mill or factory, who shall em- 72 COMPILATION OF THE SCHOOL LAWS. ploy any child in violation of section two of this act, shall forfeit and pay a sum not less than ten dollars or more than twenty dollars, to be recovered like other penalties, by prosecution before any justice of the peace, one half of said penalty to go to the complainant, and the other half to the treasurer of the town in which such child resides. Approved, November 21, 1867. 1870, No. 13, p. 48. AN ACT TO COMPEL CHILDREN TO ATTEND SCHOOL. Section 1. If any child of good health and sound mind, between the age of eight and fourteen years, shall, during the term of the public school in the district in which he re- sides, be an habitual truant, or be habitually found in the streets or public places, having no lawful occupation or busi- ness, not attending school and growing up in ignorance, each member of the board of civil authority in the town where such school-district is situated, and each member of the prudential committee of such district, and each sherifiF, deputy sheriff or constable in such town is hereby author- ized, and it is made his duty, upon application in writing of any three legal voters of said district, to arrest such child and take him to the school in said district and place him in charge of the teacher thereof; and the ofi&cer making such arrest shall thereupon give notice in writing to the parent, guardian or master of such child, and shall therein require such parent, guardian or master to cause such child to attend school regularly. Section 2. And if such parent, guardian or master shall, for the space of six days, disregard such notice and re- COMPILATION OF THE SCHOOL LAWS. 73 quirements, and not cause such child to attend school regu- larly for said six days, having no good reason therefor, then it shall be the duty of the officer making such arrest to make complaint to any justice of the peace against such parent, guardian or master, and such child ; and the said justice, upon such complaint, is authorized to issue a warrant directed to any sheriff' or constable in the state, command- ing him forthwith to arrest and bring before said justice, such parent, master or guardian, and such child, and upon proof before said justice of the facts above recited, and that such master, parent or guardian has not caused such child to attend school regularly for the space of six days after such notice, such justice may impose upon such parent, mas- ter or guardian, the penalty imposed by section three of an act entitled " An act concerning the education of children between eight and fourteen years of age," approved Novem- ber 21st, 1867, the said fine to be paid into the treasury of the town in which such parent or guardian resides, for the benefit of schools in said town. Section 3, Said complaint shall be sufficient if the same state that the said parent, master or guardian neglects to send to school as required by law his child, apprentice or ward, naming such child, apprentice or ward. Section 4. Prosecutions under this act shall be con- ducted in manner and form as on prosecution for crime un- der the general laws of the state, and an appeal shall lie to the county court as in other cases for prosecution for crime. Section 5. This act shall take effect December 1st, 1870. Approved November 23, 1870. 74 COMPILATION OF THE SCHOOL LAWS. DISTURBING EXERCISES OE SCHOOL. CHAPTER ONE HUNDRED AND SIXTEEN, GEN- ERAL STATUTES, SECTION TEN. Section 10. If any person, by tumultuous noise or quar- reling, or by any disorderly or unlawful act, shall disturb any town, society, or district meeting, oi- the exercises of any school, or any other meeting lawfully assembled, or by force or menace hinder or interrupt the business of any such meeting, or the exercises of any schcol, he shall for every such offence be punished by a fine not exceeding one hundred dollars. 1863, No. 9, p. 14. 1869, No. 45, p. 48. OF INSTRUCTION OF THE DEAF AND DUMB AND BLIND. GENERAL STATUTES, CHAPTER TWENTY-THREE. Section 6. General powers and duties of governor. 7. When exjaense of conveyance of beneficiary is to be defrayed. 8. Governor to report annually to the legislature. 9. Comijensation. Section 1. Governor to be ex officio commis- sioner. 2. Annual appropriations. 3. Institutions for instruction of deaf, dumb and blind. 4. Board of civil authority to certify to county clerk number of deaf and dumb and blind persons. 5. County clerk to make return to governor. Section 1. The governor of this state shall, ex officio^ be commissioner of the deaf, the dumb, and the blind, and, as such commissioner, shall constitute the board for their in- struction. Section 2. A sum not exceeding five thousand dollars may be annually drawn from the treasury of this state, by COMPILATION OP THE SCHOOL LAWS. 75 the governor, for the benefit of the deaf and dumb, and a sum not exceeding four thousand dollars may also be drawn, annually by him, for the benefit of the blind, to be appro- priated agreeably to the provisions of said chapter. As amended by No. 81 of 1874, p. 113. Section 3. Until provision is otherwise made by law, the beneficiaries mentioned in this chapter shall be instructed at the following places, that is to say : — the deaf and dumb at the American Asylum, established in the city of Hartford, in the state of Connecticut, for the education of the deaf and dumb ; and the blind, at the New England Institution for the Instruction of the Blind, established in the city of Boston, in the commonwealth of Massachusetts. As amended by No. 40 of 1868, p. 4. [1868, No. 40, p. 41. AN ACT TO AMEND SECTION THREE OF CHAPTER TWENTY- THREE OF THE GENERAL STATUTES, RELATING TO THE IN- STRUCTION OF THE DEAF, DUMB, AND BLIND. Section 1. Section three of chapter twenty-three of the general statutes, is hereby so amended as to include among the institutions at which the deaf and dumb may be in- structed, the Clark Institution at Northampton, in the com- monwealth of Massachusetts.] Section 4. The board of civil authority in each town shall ascertain, and certify to the county clerk, on or before the first day of February, annually, the number of deaf and dumb persons and the number of blind persons in such town, their respective ages, condition, and circumstances, and the ability of their parents to educate them, and whether, in the opinion of such board, such deaf and dumb and blind per- sons are proper subjects of the charity of this state, and 76 COMPILATION OF THE SCHOOL LAWS. whether they and their parents or guardians are willing they should become beneficiaries of either of the institutions mentioned in the third section of this chapter, or such other institution as may be provided by law for the instruction of deaf and dumb or blind persons. Section 5. Each county clerk shall make return to the governor before the first day of March in each year, of all the information he receives from the several boards of civil authority in his county.. Section 6. The governor shall have power to approbate and designate beneficiaries, as aforesaid ; to draw orders on the treasury for any part of the appropriations provided in the second section ; to superintend and direct all concerns relating to the education of deaf and dumb or blind persons, inhabitants of this state, and to allow all or any portion of the expenses of their conveyance to, and support in, the in- stitutions in which they are instructed, for such term of time as he shall deem proper ; and he may, in his discretion, take bonds to indemnify the state against expenses which may accrue in consequence of the sickness, clothing, or transportation of any of the beneficiaries. Section 7. Whenever any person shall be approbated and designated a beneficiary, under this chapter, the select- men of the town in which such beneficiary resides are em- powered and authorized to defray the expenses of the con- veyance of such beneficiary to and from the institution in which such beneficiary is to be instructed, out of the treas- uries of their respective towns, if, in their opinion, the par- ents or guardians of the beneficiary have not sufficient means to pay the same. COMPILATION OP THE SCHOOL LAWS. 77 Section 8. The governor shall annually report to the legislature the proceedings, with an account of the expendi- tures incurred in the discharge of these duties. Section 9. The governor of this state shall be entitled to receive from the state treasury, annually, fifty dollars, as a compensation for his services in the discharge of the du- ties required by this chapter. DIVISION OF THE PROPERTY OF SCHOOL DIS- TRICTS. 1872, No. 13, p. 51. AN ACT RELATING TO THE DIVISION OF THE PROPERTY OF SCHOOL DISTRICTS. Section 1. Whenever any school district within this state shall be divided into two or more districts, and said districts shall fail to agree upon a division of their corpor- ate property, it shall be the duty of the clerk of the district so divided, or, in his absence, or inability, or refusal to act, of any tax-payer in either portion of said district so divided, to apply to the assistant judges of the county court, for the time being, in which such original district is situated ; and it shall be the duty of such judges, within a reasonable time after the organization of such new districts, according to their judgment and discretion, to make a fair, just and equitable division of all the property and assets of such original district, including taxes voted but not collected be- tween the said new districts, as hereinafter provided. Section 2. Said judges shall give notice to all interest- ed, of the time and place of hearing, by posting upon the 78 COMPILATION OF THE SCHOOL LAWS. school house in the original district, and in one other public place in each of said new districts, a written notification, therein stating the time when and the place where they will examine the property and hear the parties interested in the division of such property and assets, at least twenty days prior to the time set for hearing. Section 3. Whenever the property of such districts is of a kind or character that it cannot be divided equally be- tween the new districts, said judges are hereby empowered to make sale of the same, and execute therefor all proper deeds of conveyance and other writings necessary for a proper transfer of said property ; and such deeds and con- veyances, when recorded in the town clerk's office of the town or towns where such property is situate, shall be valid in law to pass the title to such property to the purchaser thereof; and the said judges shall divide the proceeds of such sale between the several new districts as to the said judges shall appear just and equitable. Section 4. Whenever any part of the property of said original district shall consist of a school house or other buildings, or buildings and land, which can be used and ap- propriated beneficially by one of the new districts, said judges may, in their discretion, set the same to such new district in which the buildings or land are situate, and may assess upon the district to which such lands and buildings may be set such sum in money therefor as may appear just to said judges, and may order the same to be paid over to such other new district or districts, in such time and manner as said judges may direct. Section 5. If either of said judges shall reside in or own real estate in such divided district, he shall be thereby disqualified to act in the premises ; and in such case, the COMPILATION OF THE SCHOOL LAWS. 79 other of said judges shall be invested with all the powers of both, and shall perform all the duties hereinbefore provided for botli of said judges when not disqualified. Section 6. When said judges shall have completed the business of such division, it shall be their duty to make a full return of their doings to the town-clerk of the town or towns in which the original district is located, therein stat- ing the property divided, the manner of the division, the names of the persons to whom sold ; and when the same consists of real estate, the same shall be described by suffi- cient metes and bounds ; and said return of said judges shall be recorded at length in said town-clerk's office. Section 7. The costs and charges of the said judges in making any such division shall be borne by such new dis- tricts in such proportions as said judges shall determine and certify in their said doings ; and each of such districts shall be liable to pay to the said judges the sum so by them cer- tified as aforesaid, to be recovered in the joint names of the said judges in an action on the case founded on this statute. Section 8. Whenever the buildings or land of said orig- inal district shall be set to one portion of the same after division and organization, as provided in section four of this act, and an assessment by said judges be made upon such dis- trict and ordered to be paid to the other new district, and the district so assessed shall, for the space of six months, neglect or refuse to pay to the district entitled to the same the sum so assessed and ordered to be paid by said judges, such district to which the said sum may be awarded may recover the same. Section 9. This act shall take effect from its passage. Approved, November 27, 1872. 80 COMPILATION OP THE SCHOOL LAWS. NOKMAL SCHOOLS. 1866, No. 1, p. 3. AN ACT TO ESTABLISH A STATE NORMAL SCHOOL. Section 1. The Orange County Grammar School at Ran- dolph Center, is hereby constituted and established a normal school for the state of Vermont, for the term of five years, and the present trustees of said grammar school and their successors are constituted trustees of said normal school. [Sections 2, 3, 4, 5, and 6. repealed.] I Section 7. The board of education may consider simi- lar proposals from other academies in the state, and estab- lish not exceeding one normal school in each congressional district, and arrange for them courses of study, conduct ex- aminations, give certificates, nominate teachers, and gener- ally exercise over them the same supervision as [is] pro- vided in this act. And the trustees of such academies as may be designated as state normal schools, shall be respec- tively trustees of such normal schools, and have the same powers and rights as the trustees of the normal school here- by established. Provided, that the state normal school hereby established, and such others as the board of educa- tion may establish, shall be established and maintained with- out any expense to the state, excepting the payment of the board of education for their services. Section 8. This act shall not apply to or be binding upon the Orange County Grammar School until the trustees thereof shall, in writing, notify the secretary of state of their acceptance of the same. Section 9. This act shall take efiect from its passage. Approved November 17, 1866. COMPILATION OF THE SCHOOL LAWS. 81 1870, No. 20, p. 57. AN ACT TO EXTEND THE PROVISIONS OP AN ACT ENTITLED, "AN ACT TO ESTABLISH A STATE NORMAL SCHOOL," APPROVED NOVEM- BER 17, 1866. Section 1. The provisions of an act entitled " an act to establish a state normal school," approved November 17, 1866, and the existence of the state normal schools estab- lished under the provisions of the said act, are hereby ex- tended and continued until March first, A. D. 1875. [Section 2 repe<.;.c;cl.] Section 3. All acts and parts of acts inconsistent with this act are hereby repealed. Section 4. This act shall take effect from its passage. Approved, November 22, 1870. 1870, No. 19, p. 56. AN ACT RELATING TO THE NORMAL SCHOOLS OF THIS STATE. Section 1. The sum of ten hundred dollars per annum is hereby appropriated to each of the three normal schools now established in this state, for the purpose of assisting those young men and women, inhabitants of this state, who may desire to more perfectly qualify themselves for teaching by attending said schools, and who shall give satisfactory assurances to the board of education that they will hold themselves in readiness to teach in the common schools of this state at least two years subsequent to their graJuation. And such appropriation shall be expended by the trustees 6 82 COMPILATION OF THE SCHOOL LAWS. of each of said schools, under such rules and regulations as shall be prescribed by the board of education. Section 2. The auditor of accounts is hereby authorized and directed to draw his orders on the state treasurer for the payments of the said sum of ten hundred dollars per annum to the treasurer of the board of trustees of the nor- mal school at Randolph ; for the payments of the like sum per annum to the treasurer of the board of trustees of the normal school at Johnson ; and for the payments of the fur- ther like sum per annum to the treasurer of the board of trustees of the normal school at Castleton. Section 3. All acts and parts of acts inconsistent with this act are hereby repealed. Section 4. This act shall take effect from its passage. Approved, November 22, 1870. 1872, No. 20, p. 60. AN ACT MAKING A FURTHER APPROPRIATION TO THE NORMAL SCHOOLS OF THIS STATE. Section 1. The further sum of five hundred dollars per annum is hereby appropriated to each of the three normal schools now established in this state, to be expended by the trustees of each of said schools, with the concurrence and under the direction of the board of education, in aiding and assisting each of said schools. Section 2. The auditor of accounts is hereby authorized and directed to draw his order on the state treasurer for the payment of said sum of five hundred dollars per annum to the treasurer of the board of trustees of the normal school at Johnson ; for the payment of the like sum per annum to COMPILATION OP THE SCHOOL LAWS. 83 the treasurer of the board of trustees of the normal school at Castleton ; and for the payment of the further like sum per annum to the treasurer of the board of trustees of the normal school at Randolph. Section 3. This act shall take effect from its passage. Approved, November 27, 1872. 1874, No. 34, p. 62. AN ACT TO AMEND AN ACT APPROVED NOVEM- BER 22, 1870, ENTITLED, " AN ACT TO EXTEND THE PROVISIONS OF AN ACT ENTITLED, 'AN ACT TO ESTABLISH A STATE NORMAL SCHOOL,' APPROVED NOVEMBER 17, 1866." Section 1. The provisions of an act approved Novem- ber 22, 1870, entitled " An act to extend the provisions of an act entitled ' an act to establish a state normal school,' approved November 17, 1866," and the existence of the state normal schools extended and continued under the pro- visions of said act, are hereby extended and continued until August 1, 1880. Section 2. All acts and parts of acts inconsistent with this act are herelty repealed. Section 3. This act shall take effect from its passage. Approved, November 23, 1874. 1874, No. 35, p. 63. AN ACT RELATING TO NORMAL SCHOOLS. Section 1. It sliall be the duty of the state superinten- dent of education to nominate and approve a principal 84 COMPILATION OP THE SCHOOL LAWS. teacher and a first assistant teacher for each of the normal schools of this state established by law, and to withdraw such approval whenever the interests of the school demand ; and no person not so nominated, or the approval of whom shall have been withdrawn by the said state superintendent, shall be employed as such principal or first assistant ; but the said principal shall be allowed to select his other assist- ants, and to provide for the discipline of the school. Section 2. The governor shall annually appoint one practical teacher from each congressional district, whose duty it shall be, together with the state superintendent of education, and the principal of the normal school in each district, to attend and assist in the examination for gradua- tion at the normal school in the district for which he is ap- pointed, and such officers shall constitute a board to revoke the same upon cause shown ; and for services rendered by such person so appointed, he shall receive the sum of four dollars per day, for time actually occupied by him under such appointment, and in addition thereto, his traveling ex- penses while in the discharge of such duties. Section 3, The trustees of each normal school in the state, in conjunction with the state superintendent of educa- tion, shall arrange two courses of study for said schools, and shall wholly control the examination for admission. One course of study shall include all the "branches required by law to be taught in the common schools of Vermont ; the other course shall include all contained in the first course and higher branches, and shall require for its completion at least one full year of study, and certificates of graduation shall be granted to all who pass the required examination in the first course, or in both courses. The certificates of graduation from the lower course shall have the effect of COMPILATION OP THE SCHOOL LAWS. 85 licenses to teach in the common schools of the state for five years from the date thereof, and certificates of graduation from the higher course shall have the effect of licenses to teach in said schools for ten years from the date thereof. Section 4, The sums now annually appropriated for each normal school in the state shall be expende'd as fol- lows, namely: Five hundred dollars to be expended by the trustees of each of said schools, with the concurrence and under the direction of the state superintendent of education, in aiding and assisting each of said schools, and the remaining one thousand dollars for the purpose of assisting those young men and women, inhabitants of this state, who may desire to more perfectly qualify themselves for teaching by attend- ing the normal schools aforesaid, and who shall give satis- factory assurances to the state superintendent of education, that they will hold themselves in readiness to teach in the common schools of this state at least two years subsequent to their graduation. Section 5. The several counties in each congressional district shall be entitled to their share of the free scholar- ships, according to their population ; and in case applicants for such scholarships from any such county , equal to the number assigned to such county, shall not present themselves on the first day of each term, the scholarships thus remain- ing vacant may be assigned by the principal of each school to applicants from some other county in this state ; provided, no town shall receive more than ten scholarships. Section 6. Tlie assignments of scholarships to the sev- eral counties in each congressional district, shall be made annually in the last week of June, by the state superinten- dent of education, and the trustees of each normal school. 86 COMPILATION OP THE SCHOOL LAWS. Applicants for scholarships must be at least fifteen years of age, and be recommended by the town superintendent of the town in which he or she may reside. Section 7. All acts and parts of acts inconsistent with this act are hereby repealed. Section 8. This act shall take effect from its passage. Approved, November 24, 1874. OFFENCES AGAINST PRIVATE PEOPEETY. GENERAL STATUTES CHAPTER ONE HUNDRED AND THIRTEEN. Section 52. If any person shall wilfully and maliciously break any window or door in any state house, court house, house of public worship, town house, college, school house, academy, or other public building, or in any dwelling house, whether any family reside in the same at the time or not, or in any barn, shed, out-house, store, bank, shop, mill, or fac- tory, he shall be punished by fine not exceeding twenty dol- lars, or by imprisonment in the county jail not exceeding ninety days, or both of said punishments, in the discretion of the court. See 1863, No. 9, p. 14. Section 53. If any person shall willfully and maliciously break any window or door in any school house or academy, or any out-building attached thereto ; or shall willfully and maliciously injure any building, by cutting, or marking, or in any other manner; or shall in any way disfigure the same with paint or otherwise, or deface the same by writing. COMPILATION OP THE SCHOOL LAWS. 87 printing or painting thereon any obscene word, figure, or device, or by placing thereon any paper or other material bearing such word, figure, or device ; or shall injure any shade or ornamental tree or shrub standing upon the grounds belonging to, or upon, the highway or common contiguous to such school house or academy, either by cutting or break- ing the same, or by fastening any horse or other animal to the same, he shall be punished by fine not exceeding twenty dollars, or by imprisonment in the county jail not exceeding ninety days, or both of said punishments, in the discretion of the court, and shall also be liable to pay the school dis- trict owning such school house, or to the trustees of the cor- poration owning such academy, as the case may be, all dam- ages occasioned by such act or acts, to be recovered in an action founded upon this statute, together with full costs of suit. Section 54. All prosecutions of a criminal nature, for any of the offences described in the preceding section, may be tried and determined by any justice of the peace within the county where the offence is committed ; and any justice, before whom such prosecution is tried, may sentence the offenders to pay a fine in a sum not exceeding twenty dol- lars, and may issue a warrant to carry his judgment into effect, in case no appeal is taken. Section 55. If any person shall turn any cattle, horses, sheep or swine into any yard belonging to any town house, church, or school house, within this state, which is properly enclosed, or knowingly suffer them to run therein, the per- son so offending shall forfeit and pay a fine of not less than three dollars nor more than ten dollars for each and every offence so committed, with full costs of prosecution, to be recovered before any justice of the peace of the county COMPILATION OF THE SCHOOL LAWS. where such offence is committed, on complaint of any grand juror of the town in which such offence is committed, or of the state's attorney for the county. 1874, No. 75, p. 108. AN ACT IN AMENDMENT OF SECTION SEVEN OF CHAPTER ONE HUNDRED AND THIRTEEN OF THE GENERAL STATUTES, ENTITLED, "OF OFFENCES AGAINST PRIVATE PROPERTY," AND IN ADDITION TO SAID CHAPTER. Section 1. That section seven of chapter one hundred and thirteen of the general statutes shall be so amended as to read as follows : Every person who shall in the night time break and enter any dwelling house, church, court house, town house, col- lege, academy, school house, or any bank, warehouse, office, shop, store, grocery, manufactory, mill, or any vessel, steam- boat, or any railroad car or saloon, with the intent to com- mit the crime of murder, rape, robbery, larceny, or any other felony, shall be punished by imprisonment in the state prison not more than fifteen years, or be fined not more then one thousand dollars ; and shall thereafter be disabled from giving a verdict in any cause whatever. Section 2. Every person who shall break and enter in the night time any of the places mentioned in section one of this act, which are occupied by any person or persons as a sleeping apartment, with the intent to commit the crime of murder, rape, robbery, larceny, or any other felony, shall be punished by imprisonment in the state prison for life, or for a term of years not less than four. Section 3. This act shall take effect from its passage. Approved, November 23, 1874. COMPILATION OF THE SCHOOL LAWS. 89 or PUBLIC LANDS. GENERAL STATUTES, CHAPTER NINETY-SEVEN. Section 6. This chapter not to affect any lease or contract under any for- mer law. 7. County treasurer to have care of all public lands in unorganized towns and gores in his county. 8. May maintain or defend all ac- tions relating to such lands. 9. May lease such lands. Rents to be paid into county treasury. 10. Rents to be appropriated for sup- port of schools in town or gore where lands are situated. Section 1. The selectmen to have charge of lands granted, as glebes, to the use of "the ministry or social wor- ship, and to the first settled min- ister. 2. To have, and sue to recover, pos- session of them. 3. To lease such lands; rents to be paid to town ti-easurer. 4. Rent of glebe lands to be appro- priated to use of schools. 5. Rent of lands for the use of the ministry, to be appropriated for the support of religious worship. Section 1. The selectmen in the several towns shall have the care of all the lands in such towns, granted under the authority of the British government, as glebes for the use of the Church of England, and now by law granted to such towns for the use of schools, and all lands granted to the use of the ministry, or the social worship of God, and all lands granted to the first settled minister, and not appropri- ated according to law. Section 2. The selectmen shall be entitled to the pos- session of the lands mentioned in the preceding section, ex- cept when the same shall have been otherwise disposed of according to law ; and may commence and prosecute, or defend, in the name of the town, any action necessary to re- cover or protect such possession, or recover damages for injuries done to the same. Section 3. The selectmen shall have power to lease all such lands, in such manner as they may judge beneficial, reserving rents for the same, which shall be annually paid into the treasury of the town. 1 D. Ch. 369; 2 Vt, 14. As amended by 1867, No. 47, p. 57. 90 COMPILATION OP THE SCHOOL LAWS. Section 4. The rents of lands granted as glebes shall be divided, under the direction of the selectmen, among the several school-districts for the use of schools, in the manner provided by law for the distribution of other moneys appro- priated to the use of schools. Section 5. The rents of lands granted to the use of the ministry or social worship of God, and the rents of lands granted to the first settled minister, shall, on the Friday preceding the last Tuesday of March in each year, be equally divided by the selectmen of the town among the dif- ferent organized religious societies in said town, who main- tain public worship at least one fourth of the Sabbaths in the year ; and if there shall be no such society in any town, the same shall be loaned on interest, under the direction of the selectmen, until such society shall be formed, unless it shall be appropriated to pay for preaching the gospel in such town, by vote of such town in town meeting. As amended by No. 34, p. 39, Acts 1869. Section 6. Nothing in this chapter shall be construed to affect any lease of such lands, or any contract relating to, or disposition of, the same under any previous law. Section 7. The county treasurer of the several counties shall have the care of all the lands in unorganized towns and gores in their respective counties, granted as glebes, all lands granted to the use of the ministry or the social wor- ship of God, all lands granted to the first settled minister, and all lands granted or reserved for the use or support of schools, until such town or gores shall have been organized. 9 Vt. 282. Section 8. The several county treasurers may commence and prosecute or defend, in the name of their respective counties, any action necessary to recover or protect the pos- COMPILATION OP THE SCHOOL LAWS. 91 session of such lands, or to recover damages for trespass committed on the same, during the time such towns or gores shall remain unorganized. Section 9. The county treasurers shall have power to lease all such land& in such manner as they may judge ben- eficial, reserving rents for the same, which shall annually be paid into the treasury of the county, until the town or gore in which the lands are situated shall have become or- ganized, and thereafter the rents shall be paid into the treasury of the town in which the lands are situated : Pro- vided, that lands granted to the first settled minister shall not be leased for a longer period, at any one time, than five years, or until a minister shall be settled who shall be enti- tled to the same. Section 10. The rents that may be paid into the county treasury, agreeal)ly to the provisions of this chapter, shall be paid over to the prudential committee of such district or districts in the unorganized town or gore where such rents accrued, for the support of schools therein. SCHOOL DISTRICTS— EXECUTIONS AGAINST SCHOOL DISTRICTS— HOW COLLECTED. EXTRACTS FROM CHAPTER EIGHTY-FIVE OF THE GENERAL STATUTES. Section 3. The inhabitants of every town or school dis- trict are hereby declared to be a body politic and corporate, and by their corporate name may sue and be sued, prose- cute and defend any proper action or suit, by an agent or attorney, chosen for that purpose. 30 Vt. 155. 92 COMPILATION OF THE SCHOOL LAWS. Section 7. When judgment shall be rendered against any county, town, incorporated village, or school district, execution shall issue against the goods or chattels of the in- habitants of such county, town, incorporated village, or school district, and may be levied and collected of the same. Section 8. The officer, who shall receive any such exe- cution to levy and collect, shall forthwith demand the amount thereof of the treasurer of such county, town, or village ; or, if the execution is against a school district, of one of the prudential committee of such district, and such treasurer or committee shall pay the same, with all legal charges, if there shall be moneys in his hands sufficient to pay the same, be- longing to such county, town, village, or district. 24 Vt. 551. Section 9. If, at the expiration of twelve days from the time of making such demand, the execution or any part thereof shall remain unpaid, the officer shall proceed to levy and collect the same as therein directed ; but he shall not levy upon the goods or chattels of any such inhabitants until twelve days after such demand shall have been made. Section 10. Any inhabitant, whose goods or chattels shall have been taken on any such execution, may, at any time before the sale of such goods or chattels, pay to the officer the amount of such execution, and all legal charges thereon. Section 11. Such inhabitant shall be entitled to recover against such county, town, village, or district, the sum so paid or levied on his goods or chattels, with interest thereon, at the rate of twelve per cent, per annum, in an action of assumpsit, for money paid, laid out, and expended. COMPILATION OF THE SCHOOL LAWS. 93 Section 14. The selectmen of any town, and the trus- tees of any village, and prudential committee of any school district, whenever demand of payment is made, on an exe- cution against such town, village, or school district, if there shall not be available funds belonging to such town, village, or district, sufficient to satisfy such execution, with all charges, shall forthwith make and deliver to the collector of taxes for such town, village, or district, a tax-bill, on the list of the inhabitants of such town, village, or district, pay. able within sixty days from the time of such delivery, suffic- ient to pay such execution and all legal charges thereon, with twelve per cent, interest, and all other incidental ex- penses, which tax shall be deemed to have been regularly voted at a legal meeting of such town, village, or district, duly warned for that purpose. Section 16. In all cases where an action is or shall be given by law to the trustees of schools, selectmen, overseer of the poor, or town treasurer, in any town, the action shall be brought in the name of the town to which such trustees, selectmen, overseer, or treasurer belong ; and if the ac- tion is given against any such officers, it shall be brought against such town ; and actions in which the state is the party in interest, shall hereafter be brought and prosecu- ted in the name of the state ; and all actions in which a county is the party in interest, in the name of such county. 94 COMPILATION OF THE SCHOOL LAWS. TAXES.— COLLECTION OF SCHOOL DISTRICT TAXES. EXTRACTS FROM CPIAPTER EIGHTY -FOUR OF THE GENERAL STATUTES. ASSESSMENT OF TAXES AND THE POWERS AND DUTIES OF COL- LECTORS. Section 1. Persons liable to contribute to ex- penses of government. 2. Taxes to be uniformly assessed. 6. Taxes on school-districts or other communities, how made. War- rants for collection, how issued. 7. Powers and duties of collectors. 8. Constable to give six days notice to person taxed before making distress. 9. On neglect of payment, constable may distrain goods of delinquent. 10. Distress to be kept four days. 11. After which, may be posted and sold in six days. 12. Overplus proceeds of sale to be returned to the owner. 13. For want of goods body may be taken. 14. Copy of warrant to be left with jailer. 15. Jurisdiction of constable, and time in which tax may be collected. 16. Tax against a feme sole may be collected of her husband. Section 22. Real estate of non-resident pro- prietors not to be sold for taxes, except by first constables. Tax- bills to be with first constables from 1st to 15th of August. Duty of constable. 23. Constables to be accountable to collectors. 34. Taxes of non-residents of this state, how collected. Collector may commence trustee suit, &c. 35. Trustee having less than ten dol- lars liable. 36. Declaration in such suit. 37. Money, how appropriated. 38. Collector having tax against per- son residing out of town, may no- tify him by letter, &c. 39. Time appointed for payment of such tax. 40. If person so notified fail to pay tax, collector entitled to pay for travel, &c. DEATH, REMOVAL OR DISABILITY OF COLLECTOR. 53. Duty of administrator or guardian of deceased or disqualified col- lector. 54. Vacancy in ofiSce of collector to be supplied. 55. If not supplied, succeeding collec- tor shall collect arrearages. Power and duties of collector in closing former taxes. 56. 57. Tax-bill may be put into hands of succeeding collector. 58. If collector is disabled by sick- ness or otherwise, tax-bill may be given to another collector. 59. Penalty for neglect of duties in section fifty-four. 62. Collector not liable for errors in tax-bill. 63. Collector to be indemnified against illegality in tax-bill. MISCELLANEOUS 67 School district and village taxes voted on the first day of March or thereafter, to be assessed on the list completed May fifteenth. ASSESSMENT OF TAXES, AND THE POWERS AND DUTIES OF COLLECTORS. Section 1. Every inhabitant of this state, except such as are by law exempted, shall contribute to the public charges and expenses of government. COMPILATION OP THE SCHOOL LAWS. 95 Section 2. All state taxes and all taxes of counties, towns, villages, school districts, or other communities, which are or may be authorized by law to impose taxes, shall be uniformly assessed on the lists of the persons taxed, except where some other rule is provided by law. Section 6. When any town, village, school district, or other community shall impose a tax as authorized by law, it shall be the duty of the selectmen, trustee, or committee appointed for that purpose, to make out a tax-bill of such tax apportioned to the persons liable to pay such a tax, and apply to a justice for a warrant to collect such tax ; and any justice to whom such application shall be made, whether liable to such tax or not, is authorized and required to issue such warrant. 17 Vt. 97; 34 Vt. 94; 38 Vt. 221; 39 Vt. 598. Section 7. Collectors of taxes, mentioned in the preced- ing section, after the receipt of their rate-bill and warrant, shall have the same power in all things, and proceed in the same manner in collecting their taxes, as in this chapter is prescribed for the collection of state taxes ; and shall pay over the taxes committed to them for collection by the time and to the persons designated in their respective warrants. Section 8. Each constable, on receiving from the select- men of his town an assessment or tax-bill, shall indorse thereon the true date when he received the same, and shall immediately give at least six days notice to each inhabitant of such town, taxed in such rate-bill, of the sum of which he is assessed, and of the time and place he will attend to receive such tax before he makes distress therefor, unless in cases where such constable shall have just reason to appre- hend such person is about removing out of such town. 19 Vt. 329; 26 Vt. 380; 32 Vt. 769. 96 COMPILATION OF THE SCHOOL LAWS. Section 9. Upon the neglect or refusal of any person to pay his tax, specified in such tax-bill, the constable is empowered and required to distrain the goods and chattels of such person so neglecting or refusing to pay his tax, excepting from distress the arms and accoutrements which it is the duty of such person to keep ; and the constable making such distress shall be entitled to eight per cent, commission on such tax, besides his lawful fees. 16 Vt. 439; 18 Vt. 457; 19 Vt. 569. Section 10. When any goods or chattels shall be dis- trained for the payment of a tax, the constable shall keep such distress, at the cost and charge of the owner, four days, unless the tax for which the distress is taken, and all legal costs and charges, shall be sooner paid. Section 11. If, at the expiration of said four days, the owner do not pay such tax, with all the costs and charges which shall have accrued thereon, the constable, after post- ing such distress for sale for the space of six days in some public place in the town in which it was taken, shall sell the same at public auction to the highest bidder. 24 Vt. 420. Section 12. After deducting the tax, commission and cost of taking, keeping and selling such distress, the consta- ble shall return the overplus, if any there be, to the former owner on demand, and shall furnish him, if requested, with an account of such tax and the costs. Section 13. For want of goods or chattels whereon to make distress, the constable may take the body of such de- linquent and commit him to the common jail, until such tax and costs be paid. 26 Vt. 482; 28 Vt. 680. COMPILATION OP THE SCHOOL LAWS. 97 Section 14. When any person shall be committed agree- ably to the preceding section, the constable shall leave with the keeper of the jail an attested copy of his warrant, and shall certify his doings thereon in relation to such delin- quent. 19Vt. 447; 28 Vt. 680. Section 15. The constable or collector of any tax shall have power to collect the same in any place in the state, and may execute his warrant, agreeably to the provisions of this chapter, wherever he may find the property or body of a de- linquent, and at any time within three years from the time he received the lax-bill of such tax ; or if any person against whom such collector shall have a tax shall be absent from the state at the time such collector receives his tax-bill, or shall remove out of the state within one year thereafter, and have or leave no property known to such collector within the state, which can be distrained for the collection of taxes, such collector shall have power to enforce the col- lection of such tax at any time within three years from the time said absent person may return within the state, or have known property therein liable to distress for the collection of taxes. 16 vt. 439; 25 Vt. 423. Section 16. If, at any time after makin'g up the grand list of any town, and setting therein the property of any un- married woman, she shall marry and her property thereby pass into the possession of her husband, it shall be lawful for any collector of taxes, who may hold a tax against said unmarried woman at the time of her marriage, or at any time thereafter, to collect the same of her said husband in the same manner as if the tax had been originally assessed against such husband. 7 98 COMPILATION OP THE SCHOOL LAWS. Section 22. No collector of any town, county, or state tax or taxes, no collector or highway surveyor appointed by any town, district, village, or other community in this state, to collect any tax, except first constables, shall hereafter have power or authority to sell in their ofiicial capacity, for the satisfaction of any tax committed to them for collection, any real estate belonging to any person not residing in the town in which said tax is assessed ; but it shall be the duty of all such collectors of taxes, in the several towns in this state, to deposit a list of the lands of non-residents, upon which the taxes are unpaid, on their respective tax-bills, therein stating the amount of taxes due on each of said tracts or parcels of land, with their certificate thereon that the same are true and correct lists, with the first constable of their several towns, on or before the first day of August annually ; and such constable shall make his certificate thereon of the time when he receives such list from such collector, and said lists shall remain in the hands of said first constable until the fifteenth day of such August, before the said lands shall be advertised for sale ; and no lands of non-residents shall be advertised or sold for taxes unless a list of the same has been so deposited, and remained in the possession of the first constable, as aforesaid ; and it shall be the duty of said first constables forthwith, after the said fifteenth day of August, to enforce the collection of all such taxes, together with all taxes which shall have been committed to them for collection, by selling so much of the real estate of said non-residents as shall be necessary to pay said taxes, with costs. Section 23. The said constable shall be accountable to the several collectors, of whom he may have received lists or rate-bills as aforesaid, for all sums which he shall collect thereon, as soon as collected. COMPILATION OF THE SCHOOL LAWS. 99 Section 34. Whenever any person shall be delinquent in the payment of any tax legally assessed against him in this state, and shall not have known personal property in this state sufficient to satisfy such tax, the collector of such tax may, in his own discretion and in his own name, com- mence a trustee suit founded upon such tax against such de- linquent person, and may summon any person as trustee of such delinquent person, and the same service upon the pro- cess shall be made, and the same proceedings and judgment had, as is now provided by law in the case of trustee suits. As amended by No. 21, p. 40, Act§ 1864. [1865, No. 15, p. 26.] l^Section 1. In suits for the collection of taxes by the trustee process, all goods, chattels, rights, or credits, belong- ing to the delinquent or principal defendant, in the hands of the party trustee at the time of the service of such process upon him, or coming into his hands afterwards to time of final disclosure, shall be held chargeable. Section 2. The plaintiff in such case shall take judg- ment against the principal defendant, only for a sum, includ- ing costs, equal to the amount for which judgment is ren- dered against such trustee, and the collection of the balance of said tax shall in no wise be affected by such proceeding. Section 3. The jurisdiction of justices of the peace for the trial of such cases shall not be affected by reason of be- ing interested as a tax-payer in the district, village, city, town, or county where, or for whose benefit, such action may be brought or pending fur trial.] Section 35. It shall not be necessary, in proceedings under this chapter, that such trustee shall have the amount of ten dollars in his hands before he can be adjudged such trustee, or that the tax in suit should amount to ten dollars. 100 COMPILATION OF THE SCHOOL LAWS. Section 36. In making a declaration in such process against such delinquent person, it shall be sufficient to state concisely therein, that the plaintiff is such collector and has a tax against such delinquent person, and that the same tax remains due and unpaid. Section 37. Whatever may be realized on the judgment rendered in any such suit shall be applied (after paying the costs of suit) on the tax. Section 38. Whenever a collector shall have for collec- tion a tax against any person residing out of the town in which the collector resides, he may notify such person thereof by a letter containing a statement of the amount of such tax, and of the time and place when and where the col- lector will receive payment thereof; such letter shall be de- posited in the post office, addressed to the person against whom such tax is, at his usual post office. Section 39. The time so appointed for the payment of such tax shall not be less than twenty nor more than forty days from the time when the letter shall be deposited in the post office, as aforesaid. Section 40. If the person so notified shall fail to pay such tax agreeably to notice, the collector may collect such tax of such person, and shall be entitled to six cents per mile for all necessary travel in the collection of such tax, to be collected with such tax, as other costs are collected, in the collection of taxes, such travel shall be reckoned the same as in the service of process by constables and sheriffs. death, REMOVAL, OR DISABILITY OP COLLECTOR. Section 53. When the collector of any tax shall remove out of the town, village, district, or other community for COMPILATION OF THE SCHOOL LAWS. 101 which he was appointed, or shall die, or be placed under guardianship, while any tax-bill committed to such collector remains uncollected, in whole or in part, the collector sore- moving shall immediately, and the administrator or guar- dian of the collector, so deceased or under guardianship, shall, on demand, lodge with the clerk of the town, village, or other community, by whom such collector was appointed, such tax-bill and all moneys collected thereon, and not paid over as required by law. Section 54. When the office of collector in any town, village, or other community shall be vacant, as mentioned in the preceding section, the clerk shall call a meeting of the town, village, district, or other community, in which such vacancy exists, for the election of another collector, which they are hereby empowered to make ; and after a collector shall be thus elected and sworn, the clerk shall deliver to him the tax-bill, warrant, and moneys received of the former collector. Section 55. If no special meeting shall be called for the choice of a collector, as provided in the preceding section of this chapter, the collector who shall be chosen at any an- nual or stated meeting shall receive from the said clerk the tax-bill, warrant, and all moneys received by the clerk of the former collector. Section 56. The collectors so receiving the said war- rants and tax-bills of their predecessors shall have power to complete the collection thereof, and are in all things author- ized to do any act necessary to close the collection of such tax, in the same manner as the collectors to whom the tax- bills and warrants were originally committed might have done, and be liable to the same penalties. 38 Vt. 221. 102 COMPILATION OF THE SCHOOL LAWS. Sf.ction 57. Whenever any town, village, school dis- trict, tire district, state or county tax-bill, which has been put into the hands of any collector, shall, from the neglect, refusal or inal)ility of such collector, remain uncollected un- til another collector is chosen, such tax-bill may then be put into the hands of the collector last chosen ; and whenever said collector shall receive such tax-bill, he shall be and is hereby authorized and empowered to proceed and collect such taxes. Section 59. Any collector, removing, or the executor, administrator, or guardian of a constable, neglecting the duties required in section fifty-three of this chapter, shall be liable for the whole amount of the tax-bill therein mentioned, to the town, village, or other community, for which such col- lector was appointed, and shall have no authority to collect or receive the taxes unpaid on such tax-bills. MISCELLANEOUS. Section 62. No collector shall be liable to any action, which may accrue in consequence of any mistake, mis- charge, or overcharge in the tax-bill committed to him for collection. 16 Vt. 578. Section 63. Every collector shall be fully indemnified by the town, village, district, or other community, by which he shall be appointed, for all damage to which he may be subjected by reason of the illegality of the imposition, as- sessment, or apportionment of any tax, or any illegality or informality in the tax-bill, warrant, or any other precept, furnished said collector for the collection of said tax, and all such damage may be recovered by such collector, of such town, village, district, or community, by action for that pur- pose. 34 Vt. 426. COMPILATION OF THE SCHOOL LAWS. 103 Section 67. The grand list to be completed on the fif- teenth day of May for the assessment of town and highway taxes, shall be the list on which all school district and vil- lage taxes voted on the first day of March, or at any time thereafter within one year, shall be assessed. As amended by No. 12, p. 25, 1874. 38 Vt. 382. TEACHEKS— TIME OF II!^ DISTEICT SCHOOLS. 1872, No. 16, p. 55. AN ACT IN RELATION TO THE TIME OF TEACH- ERS IN DISTRICT SCHOOLS. Section 1. In the absence of an express contract, a ses- sion of three liours in the forenoon, and three hours in the afternoon, shall constitute a school day, and five such days a school week, and four such weeks a school month, in the district schools of the state. Approved, November 12, 1872. TEXT-BOOK FOR USE IN SCHOOLS. 1872, No. 14, p. 54. AN ACT RELATING TO TEXT-BOOKS TO BE USED IN THE SCHOOLS OF THIS STATE. Section 1. Hall's Geography and History of Vermont, now in use by the authority of law, in the schools of Ver- mont, or such revised edition of the same as may be issued, shall be continued as a text-book in said schools for the term of five years from the first day of November, A. D. 1873. Approved, November 26,1872. 104 COMPILATION OP THE SCHOOL LAWS. TEXT-BOOKS— SUPPLYING OF IN CERTAIN CASES. 1870, No. 15, p. 51. AN ACT IN RELATION TO THE SUPPLYING OP SCHOOL-BOOKS TO THE PUPILS OF THE PUB- LIC SCHOOLS. Section 1. In case any pupil in a public school is not provided by his parent, master or guardian with the requi- site text-books, it shall be the duty of the prudential com- mittee of the district, or of the school board in any town which has abolished school-districts therein, to notify such parent, master or guardian that the pupil is not supplied with the requisite text-books ; and if, within one week after such notice, the parents, masters or guardians shall not sup- ply such books, their pupils shall be supplied therewith at the expense of the town or city, by the prudential commit- tee of the school-district, or by the school board of the city. Section 2. Should the committee fail, for two weeks after the enrollment of any pupil so unsupplied with books, to supply him with the needed books, as required by section one of this act, then it shall be the duty of the town super- intendent of schools to supply the same at the expense of the town. Section 3. The prudential committee and superintend- ent shall give notice in writing to the assessors of the town or city of the names of the pupils by them respectively sup- plied with books utider the provisions of the preceding sec- tions of this act, of the books so furnished, the prices thereof, and the names of the parents, guardians or masters who ought to have supplied the same. The assessors shall add the price of the books to the next annual tax of such COMPILATION OF THE SCHOOL LAWS. 105 parents, guardians or masters, and the amount so added shall be levied, collected and paid into the treasury of the town or city in Ihe same manner as other town or city taxes. Skction 4. If the assessors are of the opinion that any {)arent, master or guardian is unable to pay the whole ex- pense of the books so supplied on his account, they shall omit to add the price of such book, or shall add only a part thereof, to his annual tax, according to their opinion of his ability to pay. Section 5. This act shall take effect on the first day of December, A. D. 1870. Approved, November 22, 1870. TOWN SYSTEM OF SCHOOLS. 1870, No. 10, p. 38. AN ACT IN ADDITION TO CHAPTER TWENTY- TWO OF THE GENERAL STATUTES, RELATING TO SCHOOLS. Section 1. Any town in this state may, at its annual March meeting in 1871, or at any annual March meeting thereafter, by vote, by a majority of the voters present at any such meeting, abolish the school-district system in such town ; and the selectmen of each town shall insert an arti- cle for that purpose in the warning for the annual March meeting in 1871, and in the warning for any subsequent annual meeting, upon the application of three legal voters in such town. Section 2. At any annual town meeting at which the school districts shall be abolished, as provided in section 106 COMPILATION OP THE SCHOOL LAWS. one of this act, the voters thereof shall elect either three or six school directors, citizens of such town, to be called the board of school directors, one third of whom shall be elected for the term of one year, one third for two years, and one third for three years from the close of the school year as by law established. And at every annual town meeting there- after there shall be elected one school director in towns hav- ing a board of three, and two school directors in towns hav- ing a board of six, and the term of office of all school directors so elected shall be three years from the close of the school year. Section 3. The selectmen shall fill any vacancy occur- ring in the board of school directors by resignation, death or other disability, until the next annual March meeting, when the town shall elect a director for the remainder of the unexpired term And all members of the board of school directors, whether elected by the town or appointed by the selectmen, shall hold their offices until their successors shall be elected in the manner hereinbefore provided. Section 4. Whenever any town shall vote to abolish school districts therein, in pursuance of sections one and two of this act, all the school districts in such town shall, from and after the first day of April next succeeding the day when such town shall vote to abolish school districts therein, cease to exist, except for the purpose of fully ar- ranging and settling up the pecuniary affairs of said school districts. The several school houses, and all property be- longing to the several school districts in such town, shall be appraised by a commission consisting of three persons, to be appointed by the assistant judges of the county court for the county in which such town is situated, and the amount of such appraisal shall stand to the credit of the several school COMPILATION OF THE SCHOOL LAWS. 107 districts respectively, to be adjusted, allowed and equalized between such districts by applying such valuations upon the taxes thereafter to be assessed, under the provisions of this act, upon the grand list of the several school districts ; and all such school houses, and other property belonging to said several school districts, shall thereafter pass to and become the property of such town. Sfction 5. The board of school directors shall, on or before the first day of April in each year, elect one of their number chairman, who shall be vested with all the powers and subject to all the duties now imposed upon town super- intendents of common schools, and shall receive such com- pensation for his services from the state treasurer as is pro- vided by law for the compensation of town superintendents, and such further sum as the town may vote him to be paid out of the town treasury ; and such towns as shall adopt the provisions of this act shall not thereafter elect a town super- intendent of common schools, as now required by law. Section 6. The board of school directors shall, annu- ally, on or before the first of April in each year, appoint a clerk, not one of their number, who shall keep a permanent record book, in which all the votes, orders and proceedings of the board shall by him be recorded ; and who shall make all the returns to the town clerk now required by law to be made by clerks of school districts, and shall receive the same compensation therefor. Section 7. Said board of school directors shall have the care and custody of all the property belonging to the sev- eral public schools of such town, shall prescribe the number of schools, employ teachers and fix their compensation, have the management and control of all the public schools in such 108 COMPILATION OF THE SCHOOL LAWS. town, examine and allow all claims arising therefrom, and draw warrants for the payment of such claims upon the town treasurer, which warrants shall be paid from the money hereinafter specified ; and said board shall have and enjoy in general all the powers and authority, and perform all the duties, pertaining to the office of prudential committee and clerk of school districts as now provided by law. They may establish graded schools, and provide for the instruc- tion of the scholars in the sciences and the higher branches of a thorough education, and may establish such by-laws and regulations for the carrying out of the powers above mentioned as are consistent with this act and the laws of the state. They shall be sworn to the faithful discharge of their duties, and shall receive no compensation for their services. But the chairman of said board shall receive the compensa- tion hereinbefore provided. Section 8. The treasurer of such town shall keep a sepa- rate account of all moneys appropriated for the use of schools, which moneys shall consist of the income of the United States deposit fund and of the town school fund, and the income of any money or property donated for the use of schools in such town, and all moneys appropriated by the selectmen of such town for the use of schools. And such town treasurer shall pay, out of any moneys mentioned in this section, all warrants drawn by said board of school directors for the use of schools. The selectmen of such town shall annually appropriate for the use of schools in such town a sum not exceeding the amount which would be raised by a tax of fifty cents upon the dollar of the grand list of such town, and not less than twenty-five cents upon the dollar, and the selectmen of such town shall assess a tax annually for the purpose of defraying such appropria- COMPILATION OP THE SCHOOL LAWS. 109 tions of not less than twenty-five cents, nor exceeding fifty cents upon the dollar of the grand list of such town, and such town shall not be required to assess the tax mentioned in section eighty of chapter twenty-two of the general stat- utes. And the selectmen of any town are hereby authorized to levy and collect any additional tax above fifty cents on the dollar that shall be voted for school purposes at any annual town meeting in said town. It shall be the duty of such town to provide and maintain suitable school houses for the accommodation of all the schools in such town, and the location, construction and sale of the same shall be under the control of the board of school directors. Section 9. The board of school directors may receive students from other towns into their schools upon such terms as they may deem proper, and any moneys received by them from such students shall be paid into the school fund of such town. Section 10. In all cases of districts formed of the terri- tory or inhabitants of two or more adjoining towns, one of which adopts the provisions of this act, the town adopting the provisions shall forthwith take possession of the school house of such district, when such school-house building is situate in such town, and of the school apparatus, land and other property of such district ; and the selectmen of such town, and the selectmen of the adjoining town or towns, shall forthwith appraise such property, and shall determine what proportion thereof is owned by the inhabitants of such adjoining town or towns ; and in case the said several boards of selectmen shall not agree in their said appraisal or ap- portionment, the same shall be determined by three commis- 110 COMPILATION OF THE SCHOOL LAWS. sioDors, appointed by the assistant judges of the county court of the county in which such towns are situated ; and in case said towns are situated in different counties, then the same shall be appraised and apportioned by five commission- ers, three of whom shall be appointed by the assistant judges of the county court of the county in which the town asking such commission is situated, and two by the county court of the county where the adjoining town is situated, none of which commissioners shall be residents of either of such towns. Such commissioners shall receive the same pay for their services as is now provided by law for services of road commissioners, and shall, within ten days after such appraisal, file their reports in the town clerk's office of each of said towns, and the expense of such commission shall be defrayed by the town asking the same. Section 11. It is hereby made the duty of the assistant judges of the several county courts in this state to appoint the commissioners under the provisions of this act, upon the application of the selectmen of any town adopting this act. Section 12. The town taking property of fractional dis- tricts, as provided in this act, shall, within sixty days after such appraisal of the selectmen, or the filing of the report of the commissioners, as provided in section ten of this act, pay to the treasurer of such adjoining town such amount as may be apportioned to the inhabitants of such town. Section 13. The board of school directors shall, at each annual meeting, make a report to the town of their proceed- ings for the last school year, and present an exhibit of all warrants drawn by them for the use of schools. Section 14. This act shall not apply to or in anywise affect any graded school district which has been incorporat- COMPILATION OP THE SCHOOL LAWS. Ill ed by special act of tlie legislature, unless accepted by a vote of two thirds of the legal voters therein ; nor to any district formed by the cod current votes of two or more ad- joining towns, without the concurring votes of each of said towns consenting thereto. Approved, November 22, 1870. 1872, No. 9, p. 46. AN ACT RELATING TO THE TOWN AND DISTRICT SYSTEMS OF SCHOOLS. Section 1. Any town in this state, that has abolished its school-district system in accordance with an act entitled " An act in addition to chapter twenty-two of the general statutes, relating to schools," approved, November 22, A. D. 1870, may, at the annual March meeting of said town in A. D. 1873, or at any fourth annual March meeting there- after, abolish its town system of schools ; and any town in this state that may hereafter abolish its school-district sys- tem in accordance with said above-mentioned act, may, at any fourth annual March meeting of said town thereafter, abolish its town system of schools, and the selectmen of any town shall insert an article for that purpose in the warning for any annual March meeting above designated, upon the application of three legal voters in such town. Section 2. When any town shall abolish its town sys- tem of schools, as provided in section one of this act, said town shall be divided into the same number of school dis- tricts, with the same limits and boundaries, and shall be known and designated by the name of their respective num- bers in a regular series from number one upwards, the same as said districts existed before they were abolished by said 112 COMPILATION OF THE SCHOOL LAWS. town ; and such districts shall have all the power and be subject to all the duties, requirements and liabilities which by law are vested in or imposed upon school-districts. Section 3. At any annual town meeting, at which the town system of schools shall be abolished, the voters thereof shall elect a town superintendent of common schools ; and also a clerk for each school district, who shall be a legal voter in such school district for which he is elected clerk. And such clerk shall call the first meeting of said school district, which shall be held on the last Tuesday of March next succeeding said town meeting, by posting up notice in manner and form as now provided by law for holding the annual meetings in school districts ; and said school district may at this meeting elect officers for the year ensuing for said district, and also do any other business that school dis- tricts are empowered to do at their annual meetings : pro- vided, that said school-district clerk shall have notified the voters of said school district of the proposed business in the warning aforesaid. Section 4. Whenever any town shall vote to abolish the town system of schools, the school houses and other prop- erty formerly belonging to the same school districts, shall thereafter pass to and become the property of the same school districts respectively, and the selectmen of said town shall ascertain and fix upon the amount of credits upon its taxes that each of said districts has received, by reason of valuation and equalization of school property, and all ex- penses in building or repairing school-houses in said districts under the town system of schools, in accordance with the provisions of section four of an act entitled " An act in ad- dition to chapter twenty-two of the general statutes, relating to schools," approved November 22, A. D. 1870 ; and said COMPILATION OP THE SCHOOL LAWS. 113 selectmen sluiU equalize the same upon the grand lists of the several districts, when so restored to the district system, so that eacli district shall own its scliool-property as before the adoption of the town system of schools. Section 5. This act shall take effect from its passage. Appi'oved, November 26, 1872. UNION OR GRADED SCHOOL DISTRICTS. No. 33 of 1868, p. 3G. AN ACT TO ENCOURAGE THE FORMATION OF UNION OR GRADED SCHOOL DISTRICTS, AND IN RELATION TO PRUDENTIAL COMMITTEES. Section 1. Graded schools, formed iinder the provisions of cliapter twenty-two of tlie General Statutes, shall be entitled to the same number of distributive shares of the public money as the several districts were entitled which constitute the graded school. 2. Prudential committee may consist of nine, one-third to be chosen annually ; tenure of office. Section 3. Elections of prudential committee, how made ; vacancies how filled. 4. Text-books may be supplied to children at the expense of the district ; amount of such ex^jense to be added to the tax of the pa- rent or guardian of the children so supplied. Section 1. Any union or graded schools, in any town in this State, formed under the provisions of chapter twenty- second of the general statutes, relating to union or graded schools, whenever the town in which such union or graded school is located, so vote, shall be entitled to and receive the same number of the distributive shares of that portion of the public school money, which is distributed equally be- tween the districts, as they would have been entitled to, be- fore forming such high or graded school districts. Section 2. Any union or graded school districts, formed under the provisions of this act, may elect three, six, oi* 8 114 COMPILATION OF THE SCHOOL LAWS. nine prudential committee, one-third of the number to be chosen each year, and to hold their offices for three years or until others are chosen. Section 3. At the first election of prudential committee under this act, one-third of the number, any such union or graded school district shall first designate, shall be elected, to hold their offices three years, one-third two years, and the remaining one-third one year ; and in case of a vacancy from any cause, the district, at any annual school meeting, may elect a substitute to serve for the unexpired term. Section 4. In any union or graded school district, estab- lished under the provisions of this act, the prudential com- mittee may procure the necessary text-books, at the expense of the district, for any children who are not supplied with them, and the amount paid for such text-books shall be ad- ded to the school-tax of the parent or guardian of the child for whom the books were obtained, and shall be collected with the tax, unless the tax is abated. Approved, November 19, 1868. VOTING IN SCHOOL DISTEICT MEETING. Acts 1874, No. 58, p. 90. AN ACT TO PREVENT ILLEGAL VOTING IN TOWN, VILLAGE OR SCHOOL DISTRICT MEETINGS. Section 1. If the presiding officer at any town, village or school district meetings shall knowingly receive and count any vote or votes frbm any person not a legal voter, or knowingly receive from any legal voter at any one balloting for the same office more than one vote, he shall be punished by a fine not exceeding one hundred dollars for each offence. COMPILATION OP THE SCHOOL LAWS. 115 Section 2. If any person, knowing that he is not a qual- ified voter, shall at any of said meetings mentioned in the first section of this act, willfully give in a vote for any offi- cer to be chosen, he shall be punished by a fine not exceed- ing one hundred dollars for such ofl'euce. Section 8. The fines mentioned in this act may be recov- ered to the use of this state, by information or indictment before the county court in the county where the ofience shall be committed. Approved, November 13, 1874, WRIT AGAINST SCHOOL DISTRICT. EXTRACT FROM CHAPTER THIRTY-THREE, GEN- ERAL STATUTES. TIME AND MANNER OF SERVICE. Section 19. Every writ and process, returnable before the supreme or county court, shall be served at least twelve days before the session of the court to which it is returna- ble, including the day of service, and excluding the return day ; and every writ issued against any sherifi", high bailifl", or constable, for any default, neglect, or misconduct in their respective offices, shall bo served at least eighteen days be- fore the session of the court to which it is made returnable ; and every writ issued against any town, county, school dis- trict, or other corporation, shall be served at least thirty days before the session of the court to which it is made re- turnable, except writs in which such town, county, school district, or other corporation, may be summoned as trustee or trustees. 3 Vt. 14; 14 Vt. 391; 18 Vt. 590. 116 COMPILATION OF THE SCHOOL LAWS. Section 24. All writs against a corporation shall be served by leaving a copy with the clerk thereof, unless he be absent from the state ; if there shall be no clerk to such corporation, or if such clerk be absent from the state, such copy shall be left with one of the principal officers of such corporation, or, in absence of all such officers, with one of the stockholders. 12 Vt. 425: 21 Vt. 488; 28 Vt. 401; 41 Vt. 611; 1868, No. 22, p. 28. PART II DIGEST Decisions of tiio Simrdio Court of foriiioii RELATING TO SCHOOLS AND SCHOOL LAWS. COMPILED UNDER AUTHORITY OF AIST ACT OF THE LEGISLATURE AND APPOINTMENT BY THE GOVERNOR, BY GILBERT A. DAVIS, OF READING. TABLE TITLES, DIVISIONS, SUBDIVISIONS AND REFERENCES. I. Action. 1. When maintainable by school district against listers. 2. For inju-ry to real estate of district. II. Certificate to Teachers. 1. Form of. 2. Substance of. 3. Valid without personal examination. 4. 5, 6, 7. An essential pre-requisite. 8, 9, 10, 11. Time of obtaining. 12. How long in force under Compiled Statutes. 13. Under Compiled Statutes, if teacher had a certificate at time she commenced a term of school, she can recover for her services during that term, although certificate expired prior to expiration of that term. III. Collector. 1. Term of office. Duties cannot be assigned to another. 2. Warrant to collector. 3. Certificate on rate-bill. 4. Erroneous date of certificate. 5. Effect of omission to enter day and year of receiving war- rant. ,6. Alteration of warrant by magistrate. 7, 8. Rights on absolute refusal to pay tax. 9, 10. Proceedings subsequent to levy. 11. Time of posting property for sale. 12. Place of sale of property distrained. 13, 14. Necessary proof under justification. 15. Indemnifying collector. 16. No authority to arrest for non-payment of interest on taxes. 17. Proceedings at sale. Collegiate Education. See Education. Common School Education. See Education. 120 DECISIONS OF THE SUPREME COURT. TV. CONSTITUTIONAI, LAW. English Composition. See Teacher, 5; Prudential Com- mittee, 8. Entkies in Registry. See Teacher, 2. Contract with Teacher. See Teacher, 1. Corporeal Punishment. See Teacher, 3. V. Education. VI. Evidence. 1. Admission by pleadings. 2. Proof by reputation. a. 01" the existence and oru^anization of school districts. b. And that such person was its prudential committee. 3. Presumptions. a. As to application for warning for school meeting. b. As to loss of collector's notice of sale. c. As to regular organization of school district. 4. Parol evidence admissible. a. To show true time of execution of certificate. b. To show true time when rate-bill and certificate were made. c. To prove contents of notice of sale. 5. Parol evidence is not admissible. a, b, c, d, e. To vary or contradict the records of a school district clerk in a suit at law, nor to supply defects in such records. 6. Evidence in pai'ticular actions. 1. In assumpsit. a. To recover damages for dismissing a teacher. b, c, d. To recover pay for having taught a district school. 2. In trespass for alleged excessive punishment of a pupil by his teacher. VII. Grand List. Not a legal basis for taxation until signed and sworn to by listers. VIII. Grant. IX. Listers. a. Ministerial duty of. b. Duty as to designating school district in which partnership property is to be set. c. Action against. X. Mandamus. Moderator. See School District Meetings, 8. XL Officers of School District. a. Term of office. b. Eligibility. c. d, e, f, g, h. Vacancies in district offices. DECISIONS OP THE SUPREME COURT. 121 XII. Pleading. 1. Indictment against town. 2. Declaration. a, b. In assumpsit, c. In case. 3. Pleas. a, b. In trespass. XIII. Prudential Committee. 1. Exclusive authority to hire teachers, 2. Authority to dismiss teachers. 3. 4. Sufficient cause for dismissal of teacher. 5. To make out rate-bill. 6. To see that means are ])i-ovided to pay teacher. 7. No power to waive obtaining certificate. 8. May expel scholar for refusing to write English composi- tions. 0. May allow school house to be used for a private school. 10. Has exclusive control over occupancy of school house when public school is in operation. 11. Has no authority to employ counsel to defend colleelor. 12. Has power to compromise and j)ay claims against district, growing out of his legal action as committee. 13. May recover value of necessary fuel furnished. 14. No authority to assess tax for fuel without a vote of the district. 15. How far controlled by custom of district. Register, entries in. See Teacher. Sale of Property distrained for non-payment of Taxes. See Collector, 12. XIV. School District. 1. Proof of existence and organization. a. By re]iutation. b. c, d. By other evidence. 2. Boundaries. a. Must be by territorial limits. b. But not necessarily connected territoiy. c. Limits must be defined by vote of town. 3. Proceedings of towns in formation and alteration of school districts. a, b, c, d. Sufficient description of territory, e, f, g, h, i. Sufficiency of vote, j, k, 1. Article in waruing. m. Annexing inhabitant to district in adjoining town, n, o. When vote of annexation takes ett'ect. 4. Powers of school districts in locating, purchasing land and building school house. a. Location. b. Purchasing land. c. Taking land by proceedings in invitum. d. Quantity of land that may be taken. . e, f. g, h, i, J, k. In building school house. 122 DECISIONS OF THE SUPREME COURT. 1. Acceptance of house by building committee. 5. Assuming defence of collector. a. May by vote; and may raise tax to defray the expense. 6. R:ititication of unautliorized act of committee, a, b. By vote. c. By acquiescence. 7. 8. Control of district over school house. 9. The inhabitants have no estate in district propert}'. 10. Agent of, entitled to recover what it was worth to him to do the work. School House. See Scliool District, 4; Prudential Com- mittee, 9, 10; Warning for City Meeting. XV. School Distkict Meetings. 1, 2. Length of notice of, required. 3. How length of notice computed. 4. Omission to state in warnini; the hour of the meeting. 5. Omission to state hour of adjourned meeting. 6. N »t necessary to state in warning the application therefor. 7. Meeting valid if warned without application therefor. 8. Moderator pro tern may preside. 9. Rescinding vote. 10, 11. Warnins; must specify the business to be done. 12. Same princi[)le applied to a city meeting. XVI. School District Records. a. Warning. b. Defects in records. c. Correction of records. d. Mandamus to clerk. 6. Records of school district not constructive notice of the limit of the authority of prudential committee. Superintendent of Schools. See Certificate to Teacher. XVII. Taxation. 1. Residence of tax-payer. 2. Vote of district necessary. a. Under the General Statutes. b. Under act of 1850. 3. On what list to be assessed. a. Under laws in foi-ce in 1880. b. Under acts of 1827 and 1833. c. Under act of 1842. 4. Duties of listers. a. In designating school district. b. How far designation of listers is conclusive. c. How separate valuation may be made. 5. Rate-bill and warrant. a. Special committee no authority to make. b. Such rate-bill illegal. c. Rate-bill and warrant. d. Slight excess in amount of tax will not invalidate. e. Wari'ant should be annexed. DECISIONS OF THE SUPREME COURT. 123 f. Warrant should require money to be paid to treasurer. g. Name of inhabitant not taxable need not appear in tax-bill, li. Omission to limit time of payment does not invalidate. 6. Effect of illegality of part of tax. 7. Tax against fetne sole who married, husband not liable to pay. 8. Interest on taxes not collectible. XVIII. Teacher. 1. Contract. a. Construction of contract. b, c. Contract to teach for definite time. d. Prudential committee has power to dismiss teacher. e. District no power to dismiss teacher. f. Sufficient cause for dismissal. g. h. Cause for dismissal under special contract. i. Dissatisfaction of scholars and parents no cause. j. Rights to damages for breach of contract not lost b}' taking order under circumstances named, k. Vote of district to accept proposition of settlement. 2. Omission to make entries in register, effect of. a. Did not forfeit his wages under section 110, chapter 22, General Statutes. b. Renders teacher liable to pay damages therefrom to the district. c. d. Omission through fault of committee. 3. Right to inflict corporeal punishment. a. Has always been sanctioned. b. For offences out of school hours. c, d. Liability of teachers for excessive punishment. 4. Authority fo expel scholar. .5. Teacher may require English composition by his scholars. Towns. See School District, 3. XIX. Union School District. a, b, c. Organization. d, e, f, g. How altered or dissolved. XX. U. S. Deposit Money. XXI. Warning for City Meeting. See School District Meeting, 12. TABLE CASES CITED IN THIS DIGEST, WITH VOLUME AND PAGE OF THE REPORT, AND THE TITLES AND PLACITA OF THIS DIGEST WHERE FOUND. Adams v. Crowell et al., 40 Vt. 31. Evidence, 5, c. Taxation, 2, a. Adams v. Hyde, 27 Vt. 221. Pleading, 3. School Meeting 11. Taxation, 4, c. Allen V. Burlington, 45 Vt. 203. School District Meeting, 12. Warning for City Meeting, 12. B. Baker v. School Dist. No. 2 in Barton, 4(i Vt. 180. School Dis- trict Records, e. Baker v. School Dist. in Brookfield, 12 Vt. 192. Certificate, 4. Barnes v. Barnes, 6 Vt. 388. Evidence, 2, a. School District, 1. Bates V. Haseltiue, et al. 1 Vt. 81. Collector, 13. Bean, et al. v. Prudential Committee, 38 Vt. 177. School Dis- trict, 4, a. Blanchard v. School Dist. in Warren, 29 Vt. 433 Certificate, 3. Bowen v. King, 34 Vt. 157. Evidence, 2, a. School District, 1. Union School District, a. Taxation, 2, b. Brown v. Hoadley, 12 Vt. 472. Taxation, 3, b. Bull V. Griffith, 30 Vt. 273. Evidence, 2, a. School District, 1, a. Taxation, 5, f, g. C. Cameron v. School District in North Hero, 42 Vt. 507. Evidence, 5, b. School District, 6, b. DECISIONS OP THE SUPREME COURT. 125 CaproQ V. Eaistrick, 44 Vt. 513. Grand List. Chandlery. Bradish, 23 Vt. 410. Officers of District, f. School. Meeting, 11. Chaplin et al. v. Hill et al. 24 Vt. 528. Action, 2. Pleading, 2, c. Prudential Committee, 10. Clark V. School District in Pawlet, 29 Vt. 219. Teacher, 1, b. Crosby v. School District in Readsboro, 35 Vt. 623. Certificate, 2. Teacher, 2, a. D. Dix et al. v. School District ISTo. 2 in Wilmington, 22 Vt, 309. School District, 4, b. Pleading, 2, b. Dow V. School District in Walden, 46 Vt. 108: School District, 4, 1. Downer v. Woodbury, 19 Vt. 329. Collector, 7. Doyan v. School District in Montgomery, 35 Vt. 520. Pleading, 2, a. E. Eddy V. Wilson, 43 Vt. 362. Evidence, 3, b. 4, c. 5, e. School District, 4, e, f, g. School Meeting, 9. Taxation. 5, c. Edson V. Sprout & Tr., .33 Vt. 77. Prudential Committee, 6. F. Fairbanks & Co. v. Kittredge et al. 24 Vt. 9. Listers, a, b, c. Felt V. School Dist. No. 2 in Rockingham. School District, 8. G. George v. School Dist. No. 8 in West Fairlee and Vershire, 20 Vt. 495. Certificate, 3. Goodrich v. School District in Fairfax, 26 Vt. 115. Certificate, 5, 6. Prudential Committee, 7. Goodwin v. Perkins, 39 Vt. 598. Collector, 4, 5, 6. Evidence, 4 b Officers of District, g. Gray v. Sheldon, 8 Vt. 402. School District, 2, a. Grammar School v. Burt, 11 Vt. 632. Grant. Greenbanks v. Boutwell, 43 Vt. 207. School District, 3, e, h. i. j. Guernsey v. Pitkin, 32 Vt. 224. Prudential Committee, 8. Teacher, 5. H. Hadley v. Chamberlin et al. 11 Vt. 618. Collector, 1. Harrimau v. School District in Orange, 35 Vt. 311. Collector, 11. 126 DECISIONS OP THE SUPREME COURT. Hall V. School District in Calais, 46 Vt. 19. School District, 3, j. Harrington v. School District in Alburgh, 30 Vt. 155. School District, (5, c. Collector, 15. Hathaway v. Rice, 19 Vt. 102. Ploadiug, 3, 1). Teacher, 3, a. Hewitt V. Miller. 21 Vt. 402. School District, 3, m. Holdcn ('. School District in Shrewsbury, 38 Vt. 529. Prudential Committee, 2. Teacher, 1, a. Holman v. School District No. 4 in Halifax, 34 Vt. 270. Certifi- cate, 12 and 13. Hopkins v. School District in Danl)y, 27 Vt. 281. Evidence, 4, a. Hunt V. School District in Norwich, 14 Vt. 300. School District Meetings, 1. J. Johnson u. Colburn, 36 Vt. 693. School District, 5, a. Taxation, 6. Johnson v. Sanderson, 34 Vt. 94. Prudential Committee, 5. Tax- ation, 5, a, b. Jones V. Camp, 34 Vt. 3S4. Union School District, g. K. Kimball v. School District in North Hero, 42 Vt. 507. School District, 6, a. L. Lander v. Seaver, 32 Vt. 114. Evidence, 6, 2, a. Teacher, 3, a, b, c, d. M. Mason v. School District in Brookfield, 20 Vt. 487. Evidence, 3, a. Mandamus. Officers of District, f. Prudential Committee, 1. School District Meetings, 3, 7. Teacher, 1, c, e. School Dis- trict Records, d. Middlebury College v. Chandler, 20 Vt. GS3. Education. Moore v. Beattie, 33 Vt. 219. School District, 3, a. Moss V. Hinds, 29 Vt. 188. Evidence, 1. Taxation, 3, c, d. Mott V. Reynolds, 27 Vt. 206. School District Records, c. N. Norton V. School District in Tinmouth, 37 Vt. 521. Prudential Committee, 12, 13, 14, 15. DECISIONS OF THE SUPREME COURT. 127 0. Ovitt V. Chase, 37 Vt. 196. Taxation, 4, a, b. School District, 3, j, n, 0. P. Paul V. School District in Hartland, 28 Vt. 575. Certificate, 8. Evidence, 6, a. Teacher, 1, f, g. i. Pierce i'. Carpenter, 10 Yt. 480. School District, 2, c. 3, c. Pierce, Admr. v. Whitman, 23 Vt. 626. Union School District, f. R. Reed v. Chandler, 32 Vt. 285. Grand List. Reed v. Jamaica, 40 Vt. 629. Collector, 3. Richardson v. School District in Westminster, 38 Vt. 602. Pru- dential Committee, 4. Teacher, 1, h, j, k. Russell V. Dodds, 37 Vt. 497. School District. Prudential Com- mittee, 9. s. Sawyer v. Williams, 25 Vt. 311. Evidence, 2, a. School District, 1, a. 3, d. School Dist. in St. Johnsbury v. Kiitredge & Starkie, 28 Vt. 650. Action. Scott V. School Dist. in Fairfax, 46 Vt. 452. Certificate, 11. Teacher, 2, e, f. 4. Shaw V. Peckett & Gerry, 26 Vt. 482. Collector, 16. Taxation, 8. Sherwin v. Bugbee, 16 Vt. 439. Evidence, 2, a, 3 a, 5, d. School District, 1, a, b. School District Meetings, 4, 6. School Dis- trict Records, a. State V. Jericho, 12 Vt. 127. U. S. Deposit Money. State V. Northfield, 13 Vt. 565. Pleading, 1. State V. Williams, 27 Vt. 755. Evidence, 2, a. Teacher, 4. Stevens v. Kent, 26 Vt. 503. Otficers of District, 3, 4. School District Meetings, 8. Sumner v. Pinney, 31 Vt. 717. Taxation, 7. T. Thomas u. Gibson, 11 Vt. 607. School District, 1, c. Tiletson v. Newman & Gates, 23 Vt. 421. School District, 1, a. 128 DECISIONS OP THE SUPREME COURT. w. Walker v. Miner, 32 Vt. 629. OfficerJ^ of District, 1. Taxation, 1, n. Waters i\ Daines, 4 Vt. (iOl. Collector. 14. Taxation. Weeks v.- Batchclder, 41 Vt. 317. Collector, 2. School District, 2, b, .3, 1. Welcli V. Brown & Tr., .30 Vt. 586. Certificate, 5. 7. Wells V. School District No. 2 in Granhy, 41 Vt. 353. Certificate to Teachers, 1, 10. Evidence, 6, d. Wheelock v. Archer & Wilder, 26 Vt. 380. Collector, 7, 8, 0, 10. Williams v. School District No. 6 in Newfane, 33 Vt. 271. Scliool District, 4, c, d. Constitutional Law, 1. Wilson V. Seavey, 38 Vt. 221. Taxation, 5, e. Woodcock V. Bolster, .35 Vt. 632. Collector, 17. Officers of Dis- trict. 1, 2, 5, 8. Woodard v. Ishara, 43 Vt. 123. Taxation, 1, b. Woodward v. French, 31 Vt. 337. Taxation, 1, a. Wyley v. Wilson, 44 Vt. 404. School District, 3, f, g, h, i. DIGEST OF THE DECISIONS OF THE SUPREME COUET OF VERMONT HAVING REFERENCE TO THE SCHOOLS AND SCHOOL LAWS. I. Action. 1. When maintainable by school district against listers. A school district may sustain an action against the listers, if they designate any part of the property, which belongs to and is taxable in their district, as belonging to another school district, so that the plaintiff district is deprived of the benefit of the list upon that property in the assessment of their taxes. If such a designation has been wrongfully made, the list- ers will be liable if they refuse or neglect to correct it, when requested by a special committee of the injured dis- trict, though no request be made by the prudential commit- tee. — School Dist. in St. Johnsbury v. Kittredge ^ Starkie, 28 Vt. 650. 2. For injury to real estate of district. The inhabitants of a school district have no estate in any form in the prop- erty belonging to the district, and it seems that the district alone could bring trespass quare clausum /regit. — Chaplin et al. V. mil et a/., 24 Yt. 528. II. Certificate to Teachers. 1. Form of. 2. Substance. 3. Valid without personal examination. 4. 5, 6, 7. An essential pre-requisite. 8, 9, 10, 11. Time of obtaining. 12. How long ill force under Compiled Statutes. 9 130 DECISIONS OF THE SUPREME COURT. 13. Under Compiled Statutes, if teacher had a certificate at time she commenced a term of school, she can recover for her services dmung that term, although certificate ex- pired prior to expiration of that term. 1. Form. Under sec. 11, chapter 22, of the General Statutes, no particular forvn is prescribed or required for a teacher's certificate of qualifications to teach school. The superintendent having certified that the })arty was exam- ined and approved by him on a given day is sufficient. — Wells V. School Bistriet No. 2 in Granby, 41 A^t. 353. 2. /Substance. It is not essential to the validity of a cer- tificate that it should contain a statement as to the moral character of the teacher. — Crosby v. School District in Readsboro, 35 Vt. 623. 3. Valid without personal examination. A certificate will be valid without a personal examination as to the teach- er's qualifications, but upon such other evidence as is satis- factory to the superintendent. — Greorge v. School District in West Fairlee., 20 Vt. 495 ; Blanchard v. School District in Warren, 29 Vt. 433. 4. An esseyitial pre-requisite. The statute of 1827, re- quiring school teachers in the several towns to obtain cer- tificates of their qualifications, was intended to make such certificates pre-requisites to the performance of any legally meritorious service in that capacity. — Baker v. School Dis- trict in Bakersjield, 12 Vt. 192. 5. It is a condition precedent to any valid contract for teaching a common school that the teacher obtain a certifi- cate from the town superintendent, and the teacher in order to recover his wages of the district must show a compliance with this requirement. — Goodrich v. School District in Fair- fax, 26 Vt. 115 ; Welch v. Brown and Tr., 30 Vt. 586. DECISIONS OP THE SUPREME COURT, 131 6. And the facts that the teacher was a minor and that the superintendent was sick and unable to examine him, and after his death that no superintendent was appointed in his place till after the commencement of his school, cannot supersede the statute ; and the prudential committee have no power to waive its requirements. — Croodrich v. School Dist. in Fairfax, 26 Vt. 115. 7. Nor does the mere fact that there was ill feeling be- tween the town superintendent and the teacher excuse the teacher from obtaining such certificate. — WelcJi v. Brown ^ Trustee, 30 Vt. 586. 8. Thne of obtaining. The plaintiff contracted to teach school for the, defendants, and, on the morning of the day he commenced, and before commencing his school, he ap- plied to the superintendent for examination and a certifi- cate ; but the examination was, at the request of the super- intendent, and upon his assurance that it would be as well, postponed until evening ; at which time, after the commence- ment of his school, an examination was had and a certifi- cate given ; and after this the school proceeded for about seven weeks without objection, and without any new con- tract being made, the plaintiff being treated and recognized by the prudential committee as the teacher of the school. Held, that there was a substantial compliance with the stat- ute requiring a certificate to be obtained before the com- mencement of the school, and that, in any view of the case, the certificate would be sufficient for the school kept after, if not for the same day it was given. — Paul v. School District, 28 Vt. 575. 9. A certificate of a school teacher's qualifications which is made out and signed by the town superintendent at 132 DECISIONS OF THE SUPREME COURT. its date, and is thereafter kept by him to be delivered when- ever called for, will take effect from its date, though not delivered until long after ; the act giving the certificate its effect and validity being the decision of the superintendent respecting the teacher's qualifications. — Blanchard v. School Dist. in Warren, 29 Vt. 433. 10. Where the certificate on its face shows it was sea- sonably obtained, and the evidence aliunde shows that the teacher seasonably applied and did all she could to get a seasonable examination ; that she, in fact, subjected herself to the direction and convenience of the superintendent, both acting in good faith, the objection that she did not in fact obtain her certificate, and was not examined, till some time after she began to teach the school, cannot avail to defeat her claim for wages. — Wells v. School District in Granhy, 41 Vt. 353. 11. A teacher having taught school one week without a certificate, then went with the prudential committee and obtained a certificate, and taught another week with the consent and approbation of the committee, at the expiration of which time she left the school in consequence of the un- justifiable conduct of the committee. Held, that the con- tinuing of the school as aforesaid, after she had obtained her certificate, was equivalent to making a new contract to commence at that time, upon the same terms as the original contract. — Scott v. School District in Fairfax, 46 Vt. 452. 12. How long in force under Compiled Statutes. The eighth section of chapter twenty of the Compiled Statutes provided that the certificate of the town superintendent of schools to the teacher should " be available for one year only " : held, that a superintendent appointed by the select- DECISIONS OP THE SUPREME COURT. 133 men to fill a vacancy in the office, could, while in office, grant a certificate which would be good for one year from its date, although the term of office of such superintendent might have expired before the termination of such year. — Ilohnan v. jSchool District M. 4 in Halifax, 34 Vt. 270. [See No. 12 of 1870, Sec. 2. Page 17, § 15 of this compilation.] 13. Under Compiled Statutes, if teacher had certificate at time she commenced a term of school, she can recover for her services during that term, although certificate expired prior to expiration of that term. When a teacher obtained a certificate from the town superintendent to teach for one year from the 17th day of December, 1857, and in the sum- mer of 1858 was employed by the defendant to teach school for the winter next ensuing, and pursuant thereto taught such school for' five weeks before her certificate expired, and six weeks afterwards, without obtaining a new certifi- cate. Held, that inasmuch as she had the certificate at the time she was employed and actually commenced the school, she might recover for the services performed both before and after the expiration of the certificate. — Holman v. School Dist. No. 4 in Halifax, 34 Vt. 207. III. Collector. 1. Term of office; duties cannot be assigned to another. 2. Warrant to collector. 3. Certificate on rate-bill. 4. Erroneous date of certificate. 5. Effect of omission to enter day and year of receiving war- rant. 6. Alteration of warrant by magistrate. 7 8. Eights on absolute refusal to pay tax. 9' 10. Proceedings subsequent to levy. 11. Time of posting property for sale. 12. Place of sale of property distrained. 13, 14. Kecessary proof under justification. 15. Indemnifying collector. 16. Ko authority to arrest for non-payment of interest on taxes. 17. Proceedings at sale. [See Grand List, Taxation.] 134 DECISIONS OF THE SUPREME COURT. 1. Term of office, duties cannot be asaigned to another. A district collector holds his office for one year, and until another is chosen in his stead. If the office is vacant, the district may appoint a new collector ; hut while he is col- lector, his duties cannot be assigned to another, nor any part of them ; and, of course, the district can make no tempo- rary apjiointmcnt, or choose a collector to collect one tax, or the arrearages. — Hadley v. Chamberlin cf Cloud.. 11 Vt. 618. 2. Warrant to collector. A collector's warrant is legal that is issued February 10, received by him on the, 13th, and by the certificate annexed to the rate-l)ill he is ordered to collect nnd pay over the tax on or before the first day of March. — Weeks v. Batchelder, 41 Vt. 317. 3. Certificate on rate-hill. A certificate annexed to a rate-bill signed by the prudential committee is not indispen- sable to its validity. — Ih. ; Reed v. Jamaica, 40 Vt. 629. 4. Erroneous date of certificate. And if such certificate be annexed, an erroneous date will not invalidate it. — Goodwin V. Perkins., 39 Vt. 598. 5. Effect of omission to enter day and year of recriviny warrant. The omission of the collector to enter upon the warrant the true day and year when he received the same will not invalidate his proceedings. — Ih. 6. Alteration of warrant by magistrate. Neither will the lact that the warrant was, subsequent to the taking of the property in question, altered by the magistrate who signed it, with a view of making it a warrant for another tax-bill. — Ih. 7. Rights on absolute refusal to pay tax. If the collec- tor of a school district call upon A, legally assessed in the DECISIONS OF THE SUPREME COUKT. 135 district, for the payment of a tnx which he holds against him, for collection, and A absolutely refuses to pay the tax, the collector is not required to give further time and specify the time and place when and where he will receive the tax, but may at once levy on the property of A. — Doivner v. Woodbury, 19 Vt. 329 ; Wheelnck v. Archer et al., 20 Vt. 380. 8. And where the collector justified uuder his tax-bill and warrant the fact that A promised to pay the tax within one week if the collector would leave the property upon which he had levied, can have no eftect upon the collector's liability in an action of trespass ; A's former refusal justi- fying the levy ; and the collector had a right to proceed with the levy until the tax was paid. — Wheelock v. Archer jf Wilder, 26 Vt. 380. 9. Proceedings suhsequeyit to levy. The proceedings of the collector subsequent to the levy will be presumed to be correct, unless from some fact existing in the case they ap- pear to be otherwise ; and the fact that in making an ad- journment of the sale he inserted " 4 o'clock a. m." instead of "• -1 o'clock p. M." will not render him a trespasser in making the sale. — Ih. 10. And a person assisting the collector in making a le- gal levy will not become a trespasser by a subsequent abuse by the collector of his authority. — lb. 11. Time of pouting 'property for sale. The collector may post property for sale before the expiration of four days from the time of its distraint for non-payment of school district taxes, provided the day fixed for the sale is at least six days after the expiration of the four, and a sale under such a notice would be legal —^arrmaw v. School District in Orange, 35 Vt. 311, 136 DECISIONS OP THE SUPREME COURT. 12. Place of sale of property distrained. A collector of a school district, distraining property to satisfy a tax, need not sell the property in his district ; if sold in the town it is sufficient. — Sherwin v. Bughee^ 16 Vt, 439. 13. Necessary proof under justification. It is not suffi- cient for him who justifies a taking of property by virtue of a warrant directed to him as collector of a school district, to show the warrant and rate-bill, but he must show the or- ganization of the district, the appointment of the commit- tee, the legal imposition of the tax and his own appoint- ment as collector. Unless the authority of the collector is shown, an assistant cannot justify in acting by his command. — Bates V. Hazeltine ^ Chiprnan, 1 Vt. 81. 14. A collector of a school district tax is liable in tres- pass for seizing property by virtue of his warrant and rate- bill, if the district have no power to grant the tax ; or if there be any illegality in voting it ; although such warrant and rate-bill are regular on their face. — Waters v. Baines, 4 Vt. 601. 16. Indemnifying collector. A school district is only bound to indemnify the collector when he is made liable by reason of some irregularity in their proceedings. Per Poland, J. — Harrington v. School Bistrict in Alburgh, 30 Vt. 155. 16. JVo authority to arrest for non-payment of interest on taxes. The collector has no authority to arrest a tax- payer for the purpose of enforcing the payment of interest on taxes. Shaw v. Beckett ^ Gerry., 26 Vt. 482. 17. Proceedings at sale. The erroneous declaration of a tax collector at the sale of property distrained for non- payment of a tax, that he had sold sufficient to pay the tax DECISIONS OF THE SUPREME COURT. 137 and should sell no more, does not render illegal his subse- quent proceedings, on the same occasion without adjourn- ment or great delay, to sell sufficient property to amount to the tax and costs. — Woodcock v. Bolster^ 35 Vt. 632. Collegiate Education. See Education. Common School Education. See Education. IV. Constitutional Law. 1. Taking land hy proceedings in invitum. The taking of land for the location of a district school house is for a public use, and therefore the act of 1857 [No. 58, p. 71], providing for taking land in invitum for that purpose and having the damages appraised and paid, is not repugnant to the constitution. — Williams v. School District No. 6 in New- fane, 33 Vt. 271. V. Education. A good common school education, at least, is now recog- nized as one of the necessaries for an infant. Without it he would lack an acquisition which would be common among his associates, and would ever be liable to suffer in his trans- actions of business. Such an education is morever essen- tial to the intelligent discharge of civil, political, and relig- ious duties. But it is obvious that the more extensive attainments in literature and science must be viewed in a light somewhat different. A collegiate education should not be ranked among those necessaries for which an infant could render himself liable by contract. — Middlehury College v. Chandr ler, 20 Vt. 683. English Composition. See Teacher, 5; Prudential Com- mittee, 8. VI. Evidence. 1. Admissions by pleadings. 2. Proof by reputation. 138 DECISIONS OF THE SUPREME COURT. a. Of the existence and organization of school districts. b. And that such person was its prudential committee. 3. Presumptions. a. As to application for warning for school meeting. b. As to contents of collector's notice of sale. c. As to regular organization of school district. 4. Parol evidence admissible. a. To show the true time of execution of certificate. b. To show true time when rate-bill and certificate were made. c. To prove contents of notice of sale. 5. Parol evidence not admissible. a, b, c, d. To vary or contradict the records of a school district in a suit at law, nor to supply defects in such records. 6. Evidence in particular actions. 1. In assumpsit. a. To recover damages for dismissing a teacher. b, c. d. To recover pay for having taught a district school. 2. In trespass for alleged excessive punishment of a pu- pil by his teacher. 1. Admissions hy pleading. Where by the pleadings it is admitted that certain persons were, at a particular time, the prudential committee of a school district, testimony to show they were not is inadmissible ; but testimony showing the identity of particular persons with those named in the pleadings is proper. — Moss v. Hinds., 29 Vt. 188. 2. Proof by reputation. a. Of the existence arid organization of ^school district. The existence and organization of a school district may be proved by reputation (by witnesses on the stand) where its organization does not appear of record. Ail that is neces- sary in such cases is to show that there is a district, long known and recognized as such. — Barnes v. Barnes, 6 Vt. 389 ; Sherwin v. Bugbee, 16 Vt. 439 ; Sawyer v. Williams, 25 Vt. 311 ; Bull v. Griffith, 30 Vt. 273 ; Boiven v. King, 34 Vt. 157. b. And that a certain person was prudential committee. The organization and existence of a school district, and that DECISIONS OF THE SUPREME COURT. 139 a certain person was its prudential committee, may be proved by reputation, by the fact that such district has exercised corporate power as a district, and that such person acted as a prudential committee, without the production of the rec- ords, where the questions arise collaterally, and in proceed- ings to which the district is, in no way, a party. — State v. Williams, 27 Vt. 755. 3. Presumptions. a. As to application for warning of school meeting. If it was essential that an application in writing was made to the district clerk to warn a school meeting, the court would presume that such application was made. — Mason v. School District in Brookfield, 20 Vt. 487. b. As to loss of collector s notice of sale. The loss of no- tices of sale posted by a collector on sale of property for non-payment of taxes would be presumed after the lapse of one year, so as to admit parol evidence of their contents. — Eddy V. Wilson, 43 Vt. 362. c. As to regular organization of school district. After an acquiescence of all concerned for more than fifteen years in the proceedings of school districts in a town, the regular division of the town into such districts, and the regular or- ganization of such districts, will be presumed. — Sherwin v. Bughee, 16 Vt. 439. 4. Parol evide7iee is admissible. a. To show the true time of the execution of an instru- ment having a false date, purporting to be a certificate of qualifications issued to a teacher, and that it was given when the teacher was not entitled to it, under an assurance that no legal use should be made of it. — Hopkins v. School Dis- trict in Danbg, 27 Vt. 281. 140 DECISIONS OF THE SUPREME COURT. b. To show the true time when a rate-bill and certificate were made, differing from the date expressed. — Goodwin v. Perkins, 39 Vt. 598. c. To prove the contents of the notices of sale posted up by the defendant, a collector of taxes, on sale of property distrained for non-payment of taxes, without proving the loss of the notices. — Eddy v. Wilson, 43 Vt. 362. 5. Parol evidence is not admissible to vary or contradict the records of a school district clerk in a suit at laiv, nor to supply defects in such records. a. And where the record of a vote at a school district meeting was " That the district build a new school house ; 16 for and 11 against it ; " and in a tax case arising under said vote, evidence that seven of the sixteen who voted in the affirmative were not legal voters in that meeting was of- fered and rejected, it was held that the evidence was prop- erly rejected.— i/c?% v. Wilson, 43 Vt. 362. b. The legal effect of the record must be determined by the record, and cannot be explained away by parol, by showing that by a particular vote it was not intended to rat- ify a certain act of the prudential committee. — Cameron v. School District in North Hero, 42 Vt. 507. c. Nor by showing what the voters present at the meeting supposed that they had accomplished. — Adams v. Orowell et al., 40 Vt. 31. d. Nor by showing that all the legal voters in the district were present at the meeting, and voted upon the question of raising the tax. — Sherwin v. Bughee, 17 Vt. 337. e. If it do not appear from the record of the warning of a school district meeting that the hour of the day for the 'decisions of the supreme court. 141 meeting was specified in the warning, the defect cannot be supplied by parol evidence that in the original warning the hour was stated. — lb. 6. In particular actions. 1. hi assumpsit to recover damages for dismissing a teacher from his employment. a. Evidence to show that parents and scholars were dis- satisfied with the teacher is inadmissible in such action. — Paid V. /School District in Kartland, 28 Vt. 575. b. And such evidence would be inadmissible in an action to recover pay for having taught a district school. c. Where the defendant district gave notice that they would give in evidence that the plaintiff" was incompetent to govern the school, it was held competent for the district to prove certain particular instances of mismanagement in the government of the school ; that the evidence need not be confined to the general management and government, and its effect upon the school, even though the notice was gen- eral. — So/den V. School District No. 10 in Shrewsbury, 38 Yt. 529. d. In an action to recover wages for teaching school, it having appeared in evidence on the trial that the plaintiff once taught a school in B, and had had some trouble in her school there, the defendant offered to show that the plaintiff' was questioned by her scholars as to this difficulty and what account she gave of the matter, and to prove by other wit- nesses that her history of the trouble in her school at B was not correct, in order to show that the plaintiff' was not truthful : Held, that the exclusion of such evidence was proper. — Wells v. School District No. 2 m G-ranby, 41 Vt. 353. 142 COMPILATION OF THE SCHOOL LAWS. 2. In trespass for alleged excessive punishment of a pupil hy his teacher. a. Evidence that the general character of the latter as a master in governing his school, was mild and moderate, is not admissible. — Lander v. Seaver, 32 Vt. 114. b. It seems such evidence would be admissible upon the question of the teacher's malice in inflicting the punish- ment — lb. c. Whether a rawhide is a proper instrument of punish- ment is for the jury to decide under the circumstances of the case. — Ih. d. Evidence to show that the rawhide is used in other schools in the vicinity is properly admitted to rebut the charge of malice, by showing that the teacher did not re- sort to an unusual instrument of punishment. — lb. e. And testimony to show that the plaintiff did not claim an excess of punishment on the former trial of the same cause is proper, as tending to prove that that claim on this trial is not well founded. — lb. VII. Grand List. Not a legal basis for taxation until signed and sworn to by listers. The grand list of a town does not become the le- gal basis of taxation, either in the town or school districts, until a majority of the listers have signed and sworn to a certificate thereon as required by law. — Reed v. Chandler, 32 Vt. 285. Where a school district in October voted to raise money to defray the expenses of a school house, and without hav- ing J rtceeded to raise the money, subsequently, on the 29th day ( March, voted to raise three hundred cents on the dol- lar fo the same purpose, held that the latter vote super- COMPILATION OF THE SCHOOL LAWS. 143 seded the former, and thereby became the only vote upon which a tax could be made out, and having been passed af- ter the first day of March, 1870, a tax assessed under the last named vote on the grand list of 1869 was illegal. Such tax would have been illegal even if it had been ex- pressly made by vote upon the grand list of 1869, and such fact ap})eared from the records of the district ; but the rec- ords failing to show such fact it cannot be shown l)y parol. — Capron v. Maistrick, 44 Vt. 513. VIII. Grant. Grant of lands by legislature for use of schools irrevo- cable. A grant of lands by a state legislature to a corpora- tion aggregate for the purpose of public instruction, reli- gious or literary, is a contract which the state has no power to impair, vacate or control by subsequent legislation. — Grammar School v. Bm-t, 11 Vt. 632. IX. Listi:rs. a. Ministerial duty of listers. b. Duty as to designating school-district list in which partner- ship property is to be set. c. Action against. LISTERS. a. Ministerial duty of listers. The duty of the listers under the act of 1847, " to set in the list the appraised value of ail real and personal estate in each school district sever- ally," was, in its character, wholly ministerial. — Fairbanks ^ Co. V. Kittridge et al, 24 Vt. 9. b. Duty as to designating school district list in ivhich part- nership property is to be set. And when the members of a firm carried on business in school district No. 1, and their personal property, on the first day of April, 1848, was in said district, except what they had sent abroad for sale, it 144 DECISIONS OF THE SUPREME COURT. was held that the statute does not authorize an ideal sepa- ration of their joint property, so as to set a portion of the property in school district No. 2, where one of the part- ners resided ; but the property should be designated as be- ing in school district No. 1, where a portion was actually situated —where the partnership business was carried on, and where a majority of the partners actually resided. — Ih. c. Action against. And if the firm sufler any injury or damage from the listers setting their property, or a part thereof, in some other school district, they will be liable, and the firm can sustain an action against them ; but if the firm have not lost by such transfer, the aggregate amount of the lists being the same, and the rate of taxation having been less in No. 2 than in No. 1, they cannot recover dam- ages in a suit against the listers. — lb. X. Mandamus. The court will not grant a writ of mandamus, requiring the clerk of a school district to amend his records, when it appears that he has ceased to be clerk, and has removed without the jurisdiction of the court, and it further appear- ing that the amendment, if made, would be entirely imma- terial and would not affect the legality of the district meet- ing in question. — Mason v. School District No. 14 in Brooh- field, 20 Vt. 487. Moderator. See School District Meetings, 8. XI. Officers of School District. a. Term of office. b. Eligibility to office. c. d, e, f, g, h. Vacancies in district offices. OFFICERS OF SCHOOL DISTRICT. a. Term of office. School-district officers, elected at an annual meeting of the district, will hold their offices until DECISIONS OF THE SUPREME COURT. 145 others are elected at another annual meeting to supersede them ; and it makes no difference whether the second is a few more or a few days less than one year from the time the first meeting was held. — Chandler v. Bradish, 28 Vt. 416 ; Walker v. 3Iiner, 32 Vt. 769 ; Woodcock v. Bolster, 35 Vt. 632. b. Eligibility to office. Prior to the enactment of No. 12, Acts of 1864, it was not a requisite qualification of a voter or office-holder in a town or school-district meeting, that he be a freeman. — Woodcock v. Bohfei', 35 Vt. 632. c. . Vacancies in district offices. The refusal of the pru- dential committee to assess a tax voted by a district, does not create a vacancy in the ouice. — Stevens v. Kent, 26 Vt. 503. d. But when the town created a new district and the prudential committee of one of the old districts was in- cluded within the new district, that was held sufficient to vacate the office. — lb. e. Under Gen. Slat. ch. 22, § 40, the failure of a dis- trict to cause a school to be kept as provided, is to be treated as a cause or reason for vacating the offices, but that the officers are not absolutely displaced and ejected from office, until the selectmen have taken action and appointed others. — Woodcock V. Bolster, 35 Vt. 632. f. When a school district, at an annual meeting, have ap- pointed one person as prudential committee, it is not com- petent for the district, during the year, to supersede him by appointing another person in his place, or by adding more to the number of the committee. — Mason v. School District in Brookfield, 20 Vt. 487 ; Chandler v. Bradish, 23 Vt. 416. 10 146 DECISIONS OP THE SUPREME COURT. g. J, a prudential committee and clerk of a school dis- trict, enlisted into the army. He informed the inhabitants that he was about to leave the district and could no longer serve as clerk and committee, and, as clerk, duly warned a meeting of the voters of the district to elect a clerk and committee to fill the vacancies thus occasioned, and at such meeting a clerk and A as committee were duly elected, and J thereupon delivered up the records and papers pertaining to said offices to such newly elected officers. A, from the time of such election, acted as and discharged the duties of prudential committee, and made out and certified the rate- bill in question. Held^ that A was prudential committee in fact if not of right, and this is all that was necessary to enable the defendant, as collector, to justify under his acts. — Groodwin v. Perkins, 39 Vt. 598. h. The same principles applied to the offices of clerk and collector. — Woodcock v. Bolster, oo Yt. 632. XII. Pleading. 1. Indictment against town. 2. Declaration. a, b. In assumpsit, c. In case. 3. Pleas. a, b. In trespass, PLEADING. 1. Indictment. Against town. In an indictment against a town for the neglect of the selectmen to assess the three cent school tax, under the act of 1827, tlie duty of the selectmen, and their neglect, should be stated, and also that there was no legal excuse for such neglect, and that the town had no funds equal to any part of the sum to be raised, if the neglect re- lied on is that the selectmen neglected to raise the whole tax. —State V. Northfield, 13 Vt. 565. DECISIONS'TOF THE SUPREME COURT. 147 IN CIVIL ACTIONS. 2. Declaration. a. In assumpsit. The declaration in an action of as- sumpsit against a school district for breach of their contract to employ plaintiff to teach their school, need not contain an averment that plaintiff had procured from the town su- perintendent a certificate of qualifications. — Dot/an v. Sch. Dist. in Montgomery., 35 Vt. 520. b. In assumpnf. The plaintiffs proposed to sell to de- fendants, who were a school district, certain land, upon which a school house was to be erected, with the restriction, that the front of the school house, when erected, should be upon a line with tlie front of a certain meeting-house, and that no building should be erected upon the land in front of the school house and meeting-house. This proposition was made in school meeting, and the dis- trict thereupon voted to instruct their prudential committee to purchase the land. The purchase was made accordingly ; and in the deed, executed by the plaintiffs to the defend- ants, the restriction was expressed to be that no erections should be made upon said land between the school house and the highway. In the declaration in an action of as- sumpsit brought by the plaintiffs to recover the price, which the defendants agreed to pay for the land, this restriction was expressed in the words used in the deed. Held., that there was no variance between the contract declared upon and that proved. At the time the proposal was made for the sale to the dis- trict, the land had been unenclosed for some years, and open to the public, and one restriction imposed by the plaintiffs in their proposal, was that the land should be kept open. 148 DECISIONS OF THE SUPHEME COURT. In the deed it was expressed that the land should remain as a public common. And in the declaration, the restric- tion was expressed as in the deed. Held, that this differ- ence constituted no objection to the plaintiff's recovery, that the deed, only imposed upon the district the obligation to iieep the laud free as it then was. Held, also, that the plaintiffs in such suit were properly allowed by the county court to prove the terms upon which they so offered to sell the land to the district. And, where it appeared, in such case, that the selectmen of the town, in pursuance of a vote of the district, had located the school house upon the land in question, and that the district voted " to instruct the prudential committee to pur- chase the land designated by the selectmen for the location of a school house, at the price of -f 100," and that the pru- dential committee had purchased the land at the special price, but the district should hold the land for the purpose of erecting a school house thereon, and that the school house should be so located that the front should be upon a line with the front of a meeting house standing near, and that no erection should be placed upon the land between the school house and the highway, but the land should remain as a public common, it was held, that these restrictions did not defeat or impair the object of the purchase, and that the prudential committee had power to accept a deed containing such restrictions, and that the plaintiiis might recover from the district the price of the land under a general count for land sold. And such deed being executed with covenants of war- ranty, it was held no defence to such action that there was a defect in the plaintiff's title to the land. — Dix et al. v. School District in Wilmington, 22 Yt. 309. DECISIONS OP THE SUPKEME COURT. 149 c. In case. Case is the proper form of action for cause- lessly and vv^antonly disturbing plaintiffs in the enjoyment of the right to occupy the school house for a private school under a vote of tiie district conferring upon plaintift's such right of occupancy. — Ckaplm et al. v. Hill et al., 24 Vt. 528. 3. Pleas. a. In trespass. An averment that the listers put the plaintiff's real estate in the grand list, at a certain sum, is a sufficiently direct and positive averment that he had a grand list to that amount, for his real estate. — Adams v. Hi/de, 27 Vt. 221. b. 1)1 trespass. In an action of trespass, where the dec- laration contains several counts, a plea which commences and concludes in bar of the action generally, and the obvi- ous and natural import of the language of which should be understood in a plural and distributive sense, as applying to the different occasions on which the trespasses are charged, must be taken as a plea to the whole declaration. A plea to the whole declaration, to be sufficient, must ap- pear to contain an answer to all that is alleged as the direct ground and gist of the action, and such answer must be valid and sufficient in law. Matter of aggravation, correctly understood, does not consist in acts of the same kind and description as those constituting the gist of the action, but is something done by the defendant, on the occasion of committing the trespass, which is, to some extent, of a different legal character from the principal act complained of. But a declaration, which charges the defendant with hav- ing struck the plaintiff a great many violent blows with a club, and with a rawhide, and with his fist, and with hav- 150 DECISIONS OF THE SUPREME COURT. ing, with great violence, shaken the plaintiff, and pulled him about, and with having thrown d )Wn the plaintiff and there harshly and brutally kicked him and struck him other violent blows, and with hnving wounded him, and torn his clothes, exhibits a mere succession of acts of direct trespass, all remedial)le by an action of the same class, and each requiring some complete justification, or excuse, in the plea. But a plea to such declaration, whicii professes to answer the " assaulting, beating, and ill-treating,'' using the ex- planatory words, " as in the declaration mentioned," will be considered as co extensive with the alleged cause of action'. But it was held, that a })lea to a declaration alleging sucli acts of trespass, which avers mci'ely that the defendant was a schoolmaster and the plaintifiF was his scholar, and that the plaintiff was insolent and refused to obey the rea- sonable commands of the defendant, and thereupon the de- fendant moderately chastised him, and which set forth no acts on the part of the plaintiff requiring excessive severity on the part of the defendant, such as resistance by the plain- tiff, did not disclose a sulficieut justification in law, for the acts alleged in the declaration. — Hathaway v. Rice, 19 Vt. 112. XIII. Prudential Committee. 1. Exclusive uutliority to hire teachers. 2. Authority to dismiss teachers. 3. 4. Sufficient cause for ilismissal of teacher. .5. To malve out rate-bill. 6. To see that menus are provided to pay teacher. 7. Xo power to waive obtaining certiticate. 8. May expel scholar for refusing to write English Composi- tions. 9. May allow school house to be used for a private school. 10. Has exclusive control over occupancy of school house, when, public school is in operation. DECISIONS OF THE SUPREME COURT. 151 11. Has no authority to employ counsel to defend collector. 12. Has power to compromise and pay claims against district growing out of his legal action as committee. 13. May recover value of necessary fuel furnished. 14. No authority to assess tax for hu;! without a vote of district. 15. How far controlled hy custom of district. PRUDENTIAL COMMITTEE. 1 Exclusive authority to hire teachers. The prudential committee has the exclusive power of employing teachers in school districts, and the district has no power over the sub- ject.— ifa.S'ow V. Sehool District in Brookfield, 20 Yt. 487. 2. Authority to dismiss teacher. The prudential com- mittee has full authority and power, as matter of law, to re- move and dismiss a teacher whenever he chooses to exercise that authority and power, but if the teacher is dismissed and removed without any just and sufficient cause, he is thereby discharged from his duty to perform the contract on his part, and is entitled to recover of the district his damages. — Holden v. School District in Shrewsbury, 38 Vt. 529. 3. Sufficient cause for dismissal of teacher. Incompe- tency to teach all or any of the subjects of instruction or learning prescribed by law to be taught in the common schools of the state, or to properly rule and govern the school, is good and sufficient cause for the teacher's dismissal. — Ih. 4. The contract between the teacher and the school dis- trict contained a stipulation " that she should leave if the school was not satisfactory." Held, that the prudential committee in such case had no just cause for dismissing the teacher for her personal unpopularity in the district — the dissatisfaction must have been with her school. — Richardson V. School Dist. in Westminster., 38 Yt. 602. 5. To make out rate-hill. The prudential committee of a school district Is alone authorized to make out and certify 152 DECISIONS OF THE SUPREME COURT. the rate-bill of a tax voted by the district, and the district can confer that authority upon no other officer or person. — Johnson v. Sanderson, 3-1 Vt. 94. 6. To see that means are provided to jjay teacher. The prudential committee is the proper officer to see that nitjans are provided- to pay the teacher for his services, and when he in good faith (jays the teachei- out of his own funds for services performed for the district, and bef)re the service of the trustee process on the district, the district may recog- nize and assent to such payment, and repay thrj money to the committee after the service of the trustee j)rocess, and such repayment will entitle the district to their discharge as tvxxstQQ.—Edson v. Sprout nal teacher to instruct, and she did in fact instruct, legal scholars of the district in a l)uilding provided for the purpose and not in the school house, which was in tlie occupancy of another school, and hired plaintiff to board such teacher, and the district subse- quently at a legal meeting voted a tax to pay such teacher for instructing such scholars, it was held., that such vote was a ratification of the whole act of the pi'udcntial committee in providing for and sustaining that teaclier at the ex})ense and u|)on the credit of the district ; and that the jilaintiff could recover of the district for lioarding sucii teacher. — Cameron v. School Dht. in North Hero., 42 Vt. 507. c. By acquiescence. The fact that the officers and vot- ers of the district generally knew of the pendency and prog- ress of a suit against the collector for his proceedings in the collection of a tax assessed under a vote of the district, and knew of the performance of service by the plaintiff in de- fending sucli suit under an employment by the prudential committee, has no legal tendency to show any acquiescence in or adoption of the employment of the plaintiff by the dis- trict. — Harringtonx. School District in Alb urgh, 80 Vt. 155. 7. Control of district over use of school house. School districts can, by vote, permit the use of their school house for a private school /or the time being merely., and against the wishes of the prudential committee : nothing appearing but if the school had been permitted to proceed it would have answered all the purposes of a public school, and been open to all the children of the district, and taught all the branches of common school instruction enumerated in the statute, and no others. — Chaplin et al. v. Hill et al., 24 Vt. 528. DECISIONS OF THE SUPREME COURT. 165 8. But it Sffjm.s- that the district cleai-ly could not confer any exclusive right to the possession of" the school house for any definite time upon any one. — Ih. 0. The inh(ihitantf> have no estate in district, property. The inhabitants of a school district have no estate in any form in the propei'ty belonging to the district. — lb. 10. Ayent entitled to recover what it is worth to him to do the work. A was employed by the district " to superintend the repairs of the school house;" he did it in good faith, and with as much diligence and skill as he did his own busi- ness, or as tlie district had any just ground to expect of him, knowing his habits and ability. Held that A could fe- covcr for the work what it was worth to him to do it. — Felt V. School District No. 2 in Rockingham., 24 Vt. 297. School Housk. See School District, 4 ; Prudcntiiil Com- mittee, 9, 10; Warning for City Meeting. XV. School District Meetings. 1, 2. Leugtii of notice of required. 3. How lengUi of notice computed. 4. Omission to state in warning the hour of the meeting. 5. Omission to state hour of adjourned meeting. fi. Not necessary to state in warning the a]>plication there- for. 7. Meeting valid if warned without application therefor. 8. Moderator pro tern may preside. 1). Heseinding vote. 10, 11. Warning must specify the business to be done. 12. Same principle applied to a city meeting. SCHOOL DISTRICT MEETINGS. 1. Length of notice of required. When the statute re- quires seven days notice of the meetings of school districts, a notice dated on the first day of the month for a meeting to be held on the seventh is not sufficient. — Hunt v. School District in Norwich. 14 Vt, 300. 166 DECISIONS OF THE SDPUEMR COURT. 2. A tax voted at a f>chool iac(!ting hold under a vvarii- iiig giving more than twelve days notiee is invalid. — Gre.en- hanks V. BouftceU, 43 Vt. 207. 8. How length of notice contpuffd In coin|tnling tlu; length of time during which notice of a meeting of a school district w^as given, the same rule will he applied as in the case of service of process, either the day on which the no- tice was posted, or the day on which tiie meeting was held, will be counted. — Mason v. School District in Brookfidd, 20 Vt. 487. 4. Omission to state in tvarning the hour of the meeting. A school meeting warned without naming in the wai-ning the hour of .the meeting, is irregular, and its proceedings are void, and the defect is not cured by adjournment to an- other day, naming the hour ot" that day. A vote ol' the dis- trict, at such meeting, to raise a tax, will not justil'y the collector in an action of trespass against him for taking property to satisfy the same. — Sherwin. v. Bughee^ 16 Vt. 439; 17 Vt. 337. 5. Omission to state hotw (f adjourned meeting. It is necessary in a vote of adjournment of a school meeting to a future day, to state the hour of such adjourned meeting, oth- erwise the proceedings thereof will he invalid. — Greenhanks V. Boutwell, 43 Vt. 207. 6. Not necessary to state in warning the application therefor. It is not necessary to state in the warning of the school meeting for such new organization (or of other school meetings), nor in the record, that such meeting was warned upon the application of the required number of freeholders ; the proceedings in ihis respect will be jiresumed regular. — Sherwin v. Bugbee, 16 Vt. 439. DECISIONS OF THp SUPREME COURT. 167 7. Meeting valid if warned without ajyplimfiun therefor. II' 11 niectiiig of a school dis^trict he duly waiiiod liy the (•Icik, vvilhout any ajjplication to liiui in wiitiiig for that purpose, and a meeting be held pursuant to the warning, such meeting will be legal and valid. Th.'^t provisioii of the statute wliieh makes it the duty of the cleik to warn a meeting of the district upon a written ajiplieation to him for that purpose, was intended to act comj)ulsorily upon the cleik, and not to withhold from him the power of calling meetings without such application. But if it was essential that such application in writing should have been made, the court would presume that it was made. — 3Iason v. School Bistriet in Brookfield, 20 Vt. 487 ; (^handler v. Bradish, 23 Vt. 416. 8. Moderator pro tern may preside. It is not necessary that the moderator chosen at the annual school meeting should preside at all subsequent meetings of the district dui'iug the ycai- ; the proceedings will be valid if the dis- ti'ict should, at a subsequent meeting, elect a moderator to preside over that meeting. — Stevens v. Keyit., 26 Vt. 503. [G. S., Ch. 22, § 34.] 9. Rescinding vote. It is competent for a school dis- trict, after having, by vote, rejected a proposition to build a new school house, to rescind such vote at that or a subse- quent adjourned meeting, and j)rocced to raise a tax and pass all necessary votes for such erection, and this may be done without the formality of rescinding the former vote. — Eddy V. Wilson, 43 Vt. 362. WARNING FOR SCHOOL MEETING. 10. Must specify the business to he done. The warrant for a school meeting must specify the business to be done ; 168 DECISIONS OF THE SUPREME COURT. and where there was no article relating to the sale of the school house, it was not competent for the meeting, under the article " To do any other business proper to be done," to appoint an agent and autlioiize him to sell the school house. — Hunt v. Scliool District in Ninnmch, 14 Vt. 300. 11. An article in the warnuig of a scliool meeting to sec whether the district will have a school the ensuing winter, and to see what method the district will take to pay the ex- pense of said school, is sufhcicnt to authorize the district to vote a tax upon the grard list to defray the expense of the school. And a vote, at a meeting so warned, " to pay the expense of the school with money drawn from the town, and the residue, if any, on the grand list of the district," will au- thorize the committee to make a rate-hill upon tiio grand list of the district foi* a sura sufficient to pay the excess of the expense of the school above the amount raised from the town, whenever the amount shall beasceitained. — Cluvridler V. Bradhh, 23 Vt. 416 ; Adams v. Hyde, 27 Vt. 221. 12. Warbling for city tneet'mg must specify business to be done. The warning for a city meeting contained the follow- ing article : " To vote upon the question of raising money, by tax or otherwise, to meet the accruing expenses of the city government, and for school purposes for the ensuitig year.'''' Under this warning the meeting voted, " That the wants of the city demand the erection of a high school building ; " and not only voted a tax of twenty cents on the dollar of the grand list, but authorized the mayor to borrow on the credit of the city a sum not exceeding -f 15,000, for the purpose of erecting said building. Held, that the term " school purposes " in the warning meant the ordinary and current expenses in sustaining the existing schools of the DECISIONS OF THE SUPUKME COURT. 169 city, and the vote assessing such tax was illegal and void. — Allen v.- Burlhigton, 45 Vt. 20o. XVI. School DisTiiurr liEcoiiDs. a. Warning. b. Defects in records. c. Correction of records. d. Mandaimis to (;lerk. e. iiecords of school district not constructive notice of the limit of the authority of prudential committee. SCHOOL DISTRICT RECORDS, a. Warnhuf. The warning foi' a meeting of tlie inhahi- tants of a school district should be recorded Ity the district clerk.— iS'Awt'm v. Bughee, 17 Vt. 337. I). Defects in records. Defects in district records cannot be supplied by parol evidence. [Sec Evidence, 5.] — Ih. c. Correction of records. The clerk of a town or other municipal corporation, while in office, and having the cus- tody of the records, may generally make them conformable to the facts by altering or amending them, and this, although he may have been out of office, but is again restored — Mott v. Reynolds, 27 Vt. 206. And per Redfield., Ch. '/., in Mott v. Reynolds., supra, it might be improper to make such amendment if the officer making the record were out of office, or were a party to the suit. d. Mandamus to clerk. The court will not grant a writ of mandamus requiring the clerk of a school district to amend his records, when it appears that he had ceased to be clerk, and has removed without the jurisdiction of the court.— JIfason v. School District in Brookfield, 20 Vt. 487. e. Records of a, school district not constructive notice of the limit to authority o pi'udential committee. The defend- 170 DECISIONS OP THE SUPREME COURT. am district legally voted to build a school house, and deter- uiined in what place it should be located, and chose a com- mittee to superintend the building thereof. Said committee employed the plaintiits to liuild the house; and they l)uilt it where the committee directed, but not whcie the district had voted to locate it, although it was near the site of the old school house, and on land owned by the district. The plain- tiffs had no knowledge of the vote locating the house, or that the house was being built in the wrong place ; but acted in good faith under the direction of the committee. Ileld^ that the record of said vote was not notice thereof to the plaintiffs. — Baker et ah. v. School District No. 2 in Barton^ 46 Vt. 189. SurEUiNTEJSDENT OF SCHOOLS. Sce Certificate to Teacher. The omission to make any examination of the qualifica- tions of a teacher by a town superintendent, before issuing a certificate of qualifications, is undoubtedly a dereliction of duty, but does not render such certificate null and void ; and such certificate will be available to the teacher, provided he is guilty of no fraud or improper means in ob- taining it. — George v. ^School District No. 8 in West Fairlee and Vershire. 20 Vt. 495. XYII. Taxation. 1. Residence of tax-payer. 2. Vote of district necessary. a. Under tlie General Statutes. b. Under act of 1850. 3. On what list to be assessed. a. Under laws in force in 1830. b. Under acts of 1827 and 1833. c. Under act of 1842. 4. Duties of listers. See Listers. a. In designating school districts. b. How far designation of listers is conclusive. c. How separate valuation may be made. .5. Rate-bill and warrant. DECISIONS OF THE SUPREME COURT. 171 a. Special cninmittee no authority io make. b. Such i-:itc-l)ill ille- bC •'-:-< C ■"3 a) .^ P^ =" o -te s- Q 2i o ^ ^ '^ « g CC ., cS tU ame urn dec J^'^s 03 ^ -S%-. +2 ^ o ci P ^2 "S bo 206 FORMS FOR SCHOOL DISTRICT OFFICERS. No. 19. School Census. List of the names and ages of all persons between the ages of five and twenty years, resident in school district No on the first day of January, A. D. 18. ... , with the names of heads of families and whole number of persons under twenty years of age in each. Names of heads of families. No. of jiersons uuder 20 iu each. Names aud ages of all persons between the ages of 5 and 20. H. M. C n, H. P. K 1, 2 2 Samuel K. C n, 15 ; Luther C n, (i. Maud K. . . . 1, 6; Freddie S. . . .g, 7. I certify that the above returns are correct. , District, Clerk.- The foregoing must be filed with tlie town superintendent on or before the 31st day of January, [see § 72, page 35 of this compilation,] together with a tabulated abstract of the same, which may be in the form following : No. 20. Abstract of School Census. Al>stract of the school census of scliool district No. . . , in the town of , county of , and state of Vermont, for the year 18. . . FAMILIES. 1 CHILDREN. o •J. a CD CO oj V cS Mi^ cS a a^ ag a-*^ aj OJ rt oi ^^ 45 ^ >i J=! '>'^^i Oi tfJ a /- a 3 f So <1> > a^ a ;>•, a^ & . 4J CD , [seal] ) E. F [seal] No. 22. Form of a certificate by the 'prudential committee^ accompanying a rate-bill. We, the undersigned, prudential committee of school dis- trict No. . . , in the town of , certify that the fore 208 FORMS FOR SCHOOL DISTRICT OFFICERS. going is a correct rate-bill of a tax of .•. cents on the dollar of the grand list of the inhabitants of said school district, and of tlie })roj)City in said district liable to school taxes, raised for the jjurpose of in said district, and ordered to be paid to the treasurer of said district on oi- l)e- fore the ... day of A. D. 18. . , agreeal)ly to a vote of the inhal)itants of said district, at a meeting thereof, legally warned and holden for that purpose on tlie . . . day of A. D. 18... Approve selectmen of the town for the oruaniza- lion of said district. No. 2. Warniiii^ for the organization of a school district in an organized town. Xo. .'5. A]iplication by three voters in an unorganized town or gore to the selectmen of an adjoining organiz(>d town, to organize school districts in such uuoi-ganized town or gore. No. 4. Warning for the organization of a school district in an unorganized town or gore. No. o. Application by three or more voters to a district clerk to warn a special meeting of the inhalntants of a school district. No. (1. Application of a prudential committee to divide the school into two or more departments and jn-ovide therefor. No. 7. Warning by the clerk of a school district, on aj)- I)]ication therefor by three or more legal voters, or by a prudential committee. No. 8. Warning of annual meeting of school district, which may be issued without application therefor. No. 9. Records of school meetings. No. 10. Apjilication to selectmen for location of school house where district cannot agree. No. 11. Proceedings for the dissolution of a school district formed of contiguous territory in two towns. No. 1"2. Receijit of district clerk for school register. No. l:!. Notice by superintendent of time and place of public examinaiiou of teachers and of the regulatious tor the same. No. 14. Certificate to teacher by town superintendent. No. 15. Superintendent's list of teachers examined. 212 TABLE OP FORMS. FOIIM No. 10. Superintendenfs rovocatiou of tea(;hcr's cci-liliralf. No. 17. 8ui)erint,encleiit''s actcount for sci'vices. No. 18. lleturn of births and deaths. No. 10. Seliool census. No. 20. Abstract of school census. No. 21. Bond to a school district by its collector. No. 22. Certificate by the prudential committee accoirijuinyini^ a rate-bill. No. 2;i. "Warrant tor the collection of a school tax. No. 24. Foi'in of an extent which may be issued auainst the colleclor in case of his delinfiuoncy. INT^EX TO SCI TOOL L/VWS. S^" ' '"' liyLU'l'S IL'Icr to tllC J)a£,('.S. A. Academics — ilulii's dl' IriisUn's oi' relative to rrlurus to State Sii|)('i-iiit,cn(l(Mil of Education ] I prudential committee may ananjj;e with ollicers ol' acad- emy lo iiislfuct, scholai-s ol the district AC, Account — ol' town supeniitendeul to he auditetl by .Statu Au- ditor 17 copy of, to be tiled in town clerk's office i)rior to March meetiii!; annually 20 Adrertisiiig tor institutes how paid Kt Agent, school district may prosecute and defend suit by. .... ill Annual meeting — of school district ;jO of Union districts ,52 Annual report of town superintendent to March meeting 13 Arithmetic, instructions to be given in, in pulilic schools 2.") Assistants at institutes, State Superintendent may employ. ... 10 Attendance on schools, daily record of to be kept 10 Auditor of Accounts — to audit the accounts of town superin- tendents of schools, and draw orders on State Treas- urer 17 shall draw no order for superintendenfs account until he exhibit the recei|)t of State Auditor .' 17 Auditor of school district, election and duties of. 30 Average daily attendance — how ascertained . . 57 B. Bennington County — meeting of town su])erintendents of to be at Arlington li) Births, district clerk to make retiu'u of to town clerk :'A Blind, instruction of the 74 Board of Education, act to abolish 9 Bonds, to be given by collector when r( ipiired by vote of dis- trict or by jirudential committee 30 31 Books — text-book for use in schools 10'] provisions for su[)plying text-book.-, to pupils in certain cases 104 214 INDEX TO SCHOOL LAWS. C. Central iSrItool Districts, liovv established 4S, i9, 51 may vote to ereet -seliool lioiise JJt may instruct leaclier lo leacli sciences and higher Ijranches 4!) jMiHlential comvniltee ol' shall he elected — duties of. . . . .49, 50 such district may Ity vole direct the teacher to leach any ol' the sciences or higher branches 4!) town treasurer and collector sliall pert'oini duties ol'dislricl treasurer and coHeclor 5U taxes in, to be asse.ssed by [)rudcnlial conuiiittec .j(» Certificate of /Superintendent — to be obtained by evei-y teacher bet'ore he opens his school '20 to be available only until the tirsl day of April following IS |)rinci[)als of union and giadcd schools need not obtain... . 20 of superintendent of an ao C/e/'^— election of 30 term of ollicc of 30 of fractional district to make statistical returns of each fractional portion to the town to which it belongs. ... 2(j vacancy in othce how filled oo in clerk's absence, prudential committee shall discharge his duties 'So shall keep a fair record of votes and proceedings and cer- tify same when required Ho ])enally for refusal 33 to make certain returns to town sui)erintendent 35 shall return births and deaths to town clerk 34 compensation therefor 34 line in case such returns are incomplete or incorrect 34 selectmen to draw order for such compensation 34 town clerk to examine returns and certily to their correct- ness 35 town clerk to prosecute district clerk for penally or Ibrfeit- ure 35 district clerk in January shall take census of his district. . 35 shall forfeit twice as much money as district loses through his neglect to make returns 47 forfeiture on neglect to call school meetings on reciuesl... . 47 his returns in school register shall be regarded as returns for the prece U'aclu'i- tliat lu; lia,s rutunu'd icgistcr lillccl mil and cci'liluMl as ie(|uii'e(] by law (»7 district siiall roct'ive no poi-tion (»!' ludtlic ukuu'v it Ik; neg- lect his duties as to (lie rrgisler ')7 enlitlcd to one copy of ollicial report ol' Stale superintcud- eut 1(» Children between 8 and 14 required to altend school in cer- tain cases 71 not to be employed in factory or mill lietween these ages unless he has attended school three months within the year 71 may be arrested as vagrants in eeitain ("ues 7'2 parent to be i>rosecuted in such cases 72 under live not to be received as pupils in public schools. . 24 clerk to make^iut and return to town superintendi-nt in January list of children between 5 and 20 .■');> Collector of district — chosen at annual meeting ."JO term of oflice .■>() siiall give bonds if required by vote of district ."!(> or by prudential c mimittet; ;>J ollice vacant on neglect for ten days to give >ionds as vv- quested ;;i may make deductions from taxes under vote of tlistrict... . .'51 to give notice when and where he will receive taxes .!! shall pay into treasury money collected, on re(tuest in wri- ting of one or more of committee, and submit tax- book for inspection o2 jienalty for neglect or refusal to do so 32 (ii-st constable may be elected collector .'52 vacancy in office, how tilled. . . ■ - .33, 101 shall have powers of town collector 42 shall have ))Owers and [proceed in same manner as pre- set ibed for collection of state tax i)5-lO.'5 Compensation of State ISiiperintendent of Education L2 of town superintendents Ki, IS of town superintendents for i>rivate examination of teachers 22 of district clerks — See Clerks. Coinmittee—'Si^ti Prudential Committee. Common Schools — See Schools. < 'ompilation of School Laws — act authorizing 3 Compiler's Beport o Compulsory Education — See Children. Constable — first constable of an}- town may be chosen collector of the district 32 Co)istitution of the U. S. — instruction to be given in, in public schools 23 Constitution of Vermont — instruct ion to be given in, in pulilic schools 2.) ( '(uitents — table of 7 Contract — with teacher wlio has failed to get a legal cerlilicate of qualifications, shall be null aiid void 48 County Clerk — shall make return to the Governor of informa- tion relating to the deaf, dumb and blind. 70 Copies of school-district records — to be made and certilied by district clerk 33 216 INDEX TO SCHOOL LxVWS. (Jti)ues and 'pu'tishments — (iislurhin.y; exercises of di.stiict nicet- ing, or exercises ul' any school 74 penalty for 71 D. i>aJuar/es — to school house or .iradciny, how colh'cted 87 Deaf und iJainb and JJlhid — (iovmior to I)e ex-ollieio eonnnis- sioner 74 animal ai)|»ro|uialions for . . 74 institutions fur instruction of. 70 civil authority to c(!itily to county clerk annually Wiv luiin- l)er of sucli childicn. ... 75 general i)ovvers and (hilies of Governor, and coniiiensa- tion 75, 7t) when expense of such children to lie paid 7(i Deaths — returns of, clerk of school district tf) make to town clerk 'M compensation foi- such iclunis o4 Defacing school house — penalty for S7 Deposit Money — See U. S. Deposit Money. Diijest of decisions of the Suprente Court — relating ( o sclmols and ' school laws .'? 12;MS4 table of titles, divisions, snbtlivisions and refei'cnces. .Lll)-12S IHsJiijnrhiij school house — penalty for 87 Disorderly persons — itunishment of 74 Districts — towns to lie divided into school districts 24 their limits to lie defined and may be altered 24 to be numbered in a regular series, and I heir nundier, de- scription and all alterations recorded in town clerk's office 24 nuidc of organization in towns 24 how organized in an unorganized town or gore 25 fractional disti'icts may be organized 25 See Fractional Districts. a person m;iy be set to a district in an ailjoiuing town .... 2(> where taxed in such cases. 2() shall have, when organized, all the poweis of a corjioration for maintaining schools 27 who arc voters in school district meeting 27 who are voters in town meeting 27 how right to vote in school-district meeting may be deter- mined 28 may authorize establishment of evening schools 29 power to provide schools in certain cases 2!j may hold estate, prosecute suits, &c 30 otRcers of and when chosen .'JO may by vote require collector to give bonds oU may authorize collector to make deduction on taxes paid by a fixed date .•')] may elect first constable collector of taxes ;52 vacancy in district office how filled S'-i duties of clerk — Sc^c Clerk. omitting to sustain school, selectmen may declare all offi- ces vacant, and appoint new officers 37, 38 INDEX TO SCHOOL LAWS. 217 Districts — meetings ol', liow appointed and notified 06 annual meeting of, how appointed ;j8 may raise lax i,o build sehool house, &c HO may loeate sehool house by a two-thirds vote 40 real estate in,where taxed 40 negleeting to build school house, selectmen to order such district to build 40 neglecting or refusing to build, selectmen may assess tax and build house 41 such proceedings to be recorded in town clerk's oilice ... 41 may instruct jtrudeiilial conmuttee to omit names of poor persons from tax list - 41 all expenses shall be defrayed by a tax on the grand list. . 43 taxes, on what list to be assessed 43 may remit or abate taxes 43 formed from two oi- more towns, how dissolved 43 division of, not to alfect liability upon all debts outstanding at time of such change 44, 45 may allow use of sehool house for religious worship, &c. . . 45 may arrange for schooling children in an adjoining state. . 45 may send scholars to academy — regulation of such action. 4G not to shorten time for maintaining common schools — no contract to be binding for more than two years 4(» in such eases to receive public money for such attend- ance at academy 40 after dissolution of union district, each part to be a dis- trict 44 heretofore organized to retain their powers 47 (Jentral scliool districts — See that title. how public money divided among sehool districts 57 may take lands for school house and yards 08 may prosecute and defend suit by agent 01 Dissolution of Fractional District — how accomplished 43 District Clerk — See Clerk. District Collector — See Collector. Distribution qf}mhlic nioxey an)ong school districts.. 57, oS IJistnrbing exercises of school — penalty for 74 Division of Property of school districts — provisions for 77-70 Dumb — See Deaf and Dumb and Blind. E. EnibezzlemciU of school funds — penalty for 00 fjssex County — provisions for holding teacher's institute in. . . 10 Ereninci schools — school district may establish 29 Exarninaiiou of teachers— AxaW be held in iV\)vi\ or May and Oc'ober or November 18, 21 in all tiie counties on the same day ... 18 shall b.' public 17. 21 ))rivate examination in what cases 21 fee for such private examination 22 Execution against school district — how collected 91, 03 Expenses of teachers'' institutes— how paid 10 218 INDEX TO SCHOOL LAWS. F. Veen of clerks of sckoot disLricls for making returns ol' births iiiid (leailis to town clerk '.'A i'ln iaking and returning!; school census .% ol' town su|)c!Mnlcii manner of distributing [)ublic moneys to such districts... . 5S Fuel — shall be jirovided by prudential committee IM> Fiirvlture — shall l)e provided by iirudential committee 36 G. (faxjraphy — instruction in to be given in i)ul)lic schools 2.'5 (^rxjrajjliy cind History of Vermont — special instruction to Ijc given in 2;} text-book in 10."! (Hebe lands — ajipropriated to usi; of schools to be in charge of whom 8t) Good behavior — instructions to be given in, in pul)lic schools... 2o (fOre — districts in, how organized 25 (J. S. deposit money appertaining to 61 (fovernor — shall have ])ower to till vacancy in otlice of State 12 Su])ei'intendent of Education 84 shall anually appoint one examiner tor each normal sehool ex-o-fficio commissioner of the deaf, dumb and blind: his duties 75, 76 county clerk to make certain returns to 76 compensation of, for such services 77 Grammar — instruction in, to 1)6 given in ])Aiblic schools 23 Grammar schools — trustees of, duty to make certain returns to State Superintendent of Education 11 Grand Isle County — provisions for liolding teachers' institute in ' \ 10 Grand Jurors — duty to inquire annually as to assessment, col- lection and expenditure of state school tax, and in case of neglect, to present for indictment G(l Graded iSchools — See Union School District. principal of not required to procure certilicate of (iualiti- cations from town sui)erintendent 2(J (fraud List — on what list school district taxes shall be assessed 42 H. High. Central, or Graded schools — See Central School. llistory and Geography of Vermont — text-book on 10.') History — instruction in, to be given in the public schools 23 INDEX TO SCHOOL LAWS. 219 I. Inhabitants of sclwol districts — dcchirud to bi; a butly politic aiu] corj)t)ratA' *Jl Institutes — Si;c Teachers'' l)istitutes. L. List, Grand— Hvc (irand List. Listers — sli.ill oinil, to |ilacc in the list llu; polls ot siicli ptrsous as iiavc lost an arm, k'n, or cy(-sii;lit while in tlic U. S. service duriiii:; Hit; last wai' 27 such omission shall not deprive such |)erson ol' tin; right to vote '^ 27 M. Mectinij — annual, of scliool district, when to he holden ■. . . '•>() hy whom to he wai'iied oS, IJl) length of notice retpiii'ed for 38, o9 of school district, penalty for disturbing 74 Mileaije — of town supi'riniendents in attending county nH;eting 18 Moderator — of school districts, when elected, and term of utiicc oO his duties 30 one jyro tenii)ore may be chosen 32, 33 union districts may elect moderator — his duties 54 N. Normal Schools — provisions for establishment (»f three 80 existeucii of the three schools continued to March 1, 1875. 81 ai)propria.tion for. ... . . -81, 82 oxistencf! continued to Aug. 1, 1880 82 scholarshijis at, how apportioned 85 [)i-incipal and assistants, how appointed 84 examinations for graduation at, liow made . . 84 course of study at, how arranged 84 appropriatit)ns for, how ex[>ended 85 Notice of school district lueetintjs — how and when given 38, 3'J 0. Officers of school district — their election and term of ollice 30 of union districts, their election, term of ollice and du- ties 52-55 ( )rja>iizatioa — of school districts, how accomplished in orgau- izeil t )wn 24 in unorganized town or gore 25 Orthography — instructions to be given in, in public schools.. . . 2. ii.J P. /^(>-eH(— penalty for not keeping child lietween 8 and 14 at school three months iu each year 71, 72 220 INDEX TO SCHOOL LAWS. I'rlncJpals of Union and Graded schools — not rcMjuircfl to pro- cure cerlilicate of (iiuililicatioiis from the town siipei'- inleudcnl 21 their contracts with tru.stees or coinniittee valid without such certiticatc 21 Process — against school district, how sci'ved 115-1 IG Prudadtal ConimUtee — when elected, and term of otlice 30 powers and duties 36 may esta1>lish eveiiing schools und(!r vote, of district 2!) otlice may be declared by selectnu'.n to l)e vacant, in cer- tain cases 37 to ai)point and notify meetings in case of al)sence or n(>g- lect of clerk '. 38, 39 penalty for neglect of such duty 39 shall assess taxes voted by disi.rict 42 may omit names of taxable inhabitants undi r vote of dis- trict 41 shall have same authority to enforce collection of taxes that town treasurers liave 43 may. under vote of district, arrange for schooling childi-en in an adjoining state 45 and, also, in academy located in such district 4(5 jienally for neglect to warn school meeting after a|)i)lica- tion therefor 47 l)enaUy for paying out moneys of district to teacher who has not obtained certilicate 47 conti-aci between and teacher null and void if teacher fails to obtain certificate 4S shall call a meeting of district to ascertain views of district about em])loying more than one teacher 48 if more than one school is sustained at the same t ime, com- mittee sliall designate the school that scholai's shall attend '. 49 may prescribe terms upon which children not residing in the district, may attend school 49 CENTRAL SCHOOLS. when central school is established, a prudential committee shall be elected — duties of. 50 may determine tuition of pupils attending central school.. 50 may assess a tax, if tuitions are not sufficient to sustain the central school 50 on what list to assess such tax 51 UNION DISTRICTS. prudential committee of, how constituted 53 shall determine the ages and qualifications of children who may attend such union school 54 prudential committee not authorized or allowed to ])ay teacher until register properly tilled out and returned to clerk 07 by direction of district, sliall apply to selectmen to locate school house and set out land for school ])urposes 08 ujion application, duty to arrest truants and place them in charge of teacher 72 in such case shall give notice to parent, guardian, ov mas- ter of child 72 INDEX TO SCHOOL LAWS. 221 Vriulential CommiUee — duly to make complnlnt lo jiislico, if sufh child dops not at( end school regularly 7o school di.sti'ict may declan! ollico of prudential conimittoo vacant in certain cases 29 duty to assess tax on district to pay execution on Judg- ment recovered against the district 9.'5 Q. Qiicsfions — to be used at the examination of teachers to h(; agreed upon at the annual county meeting of town superintendents 19 lists of such questions to he jirinted and distributed to the several town superintendents 19 R. Iteadiwj — insti'uctions to be given in, in pul)lic schools 23 Tiecords — duty of clerk of school districts to keep 83 duty of teacher to keep G7 Register — teacher must procure before he commences his school 06 must keep certain records therein 66 must return it to clerk properly filled out, &c 67 State superintendent to furnish blank forms for 10 and shall furnish a suflicient number of copies to town su- perintendents to supply all the district schools 11 district clerk to procure register on or before the first week in March 11 liegulaiion of schools — town superintendent may adopt all re- quisite measures for the 20 prudential committee may adopt similar measures 3(5 provision in case of disagreement between superintendent and conmiittee 36 Report — State superintendent shall prepare and present lo leg- islature a report of his official doings biennially 11 3500 copies of his report shall be printed and distributed. . 12 manner of distribution 12 of town superintendent to March meeting 10 Returns of school census and other matters to be made to town superintendent 18 these returns and school registers to be filed in town clerk's office by town superintendent on or before the first day of June 18 s. Salary of State Superintendent 12 Schools — Each town shall support one or more 23 instruction in (certain subjects to be given in.. 23 on omission of school district to cause a common school to b(! taught within certain dates, selectmen may declare all the offices of district vacant 37 distri("t may vole to have two or more schools in the dis- trict at the same time 49 222 INDEX TO SCHOOL LAWS. Schools — (Jentral School — See Central School Districts. Union School — Sec Union School. town I'und for — Sec- Town School Fund. no person under live s^hall ])e received as a pupil in the pnblic schools 24 School-hooks — may be supplied by prudenlial conunittee or school board, in cerlain cases 104 in case of neglect of prudenlia,! comniiltee, necessary school books may be sujiplied liy the town superin- tendent ". *. I(i4 the cost of such books, how collected of the parent oi- guardian. . . . " 10.5 School directors — town shall elect, in case school districts are abolished 100 their powers and duties 107-1 10 School districts — town may be divided into 24 such districts shall be regularly numbered.. 24 record of such division shall be made in town clerk's oflice 24 how o)ganized in an organized town 24 how organized in an unorganized town or gore 25 how oiganized from terrilor}' of two or more towns 2'> such district, for purposes of visitation and returns, shall be deemed to belong to tlie town in which tlie school house is situated 25 clerk of such district to make returns to such town 20 town by vote may set inhabitant to school district in an adjoining town 20 and such person shall be taxed in the district to which he is thus set 20 shall have all the powers of a corporation for maintaining a scdiool 27 who are voters in school districts 28 may establish evening schools 2!) at annual meeting may designate number of weeks of school to be sustained and appoint time for com- mencement 21) on non-compliance with such direction, may vacate ollice of i)rudential committee 29 and elect officers to fill such vacancy 29 may raise mone}' to erect, repair and furuish school house, and for otlier purposes 89 may determine location of school house by two-thii'd vote. 40 may instruct prudential committee to omit names from tax ■ bill 41 eftect of division, alteration or enlargement of 44 may school children in adjoining state 45 may authorize committee to school children at academ}^ . . 40 heretofore organized to remain a legal school district.. ... 47 may purchase such lands as art? necessary for the accom- modation of the schools OS may apply to the selectmen to locate and set out lands. . . . OS shall pay or tender damages assessed by selectmen before entering u})on such lands 69 in case of controversy as to damages to lands, may submit the issue to arbitration. 09 INDl^X TO SCHOOL LAWS. 223 School districts — exocntion ao-ainsl scIkio] dislricl., how cnlloclcil Ill School District Taxes — Sec; lYixation. School honses and yards — ilistrict inny loc^atc wcliodl lioiiso by a two-thirds vote 40 .selectmen may assess tax and l)uild school house in cer- tain cases 41 district may allow nse of for religious jneeiings, lectures, &c 4") nroceediugs for olitaininf;- lands for school houses and yards". G8, ('.9, 70, 71 proceedings in case of dissatisfaction with such location — petition to the county court r)0-70 how disposed of in case town system is adopted IOC) School house — injury to, how punished 80, 87 breaking and entering in the night time, how punished. . 88 School year — commences April 1st 30 Sclecttven — shall supply vacancy in othce of town superintend ent '.: : 2:5 may organize school district in any town: length and man- ner of notice of ... 24 duty to di-aw orders for compensation to district clerks.. . . 34 may order school house to be built, in certain cases 41 may assess a tax and build school house, in certain cases.. 41 shall have charge of town school fund 60 shall annually assess a school tax, except in certain cases. 56 shall divide school moneys 57 shall leave with the town clerk a written statement of each division 58 may locate and set out lands for school purposes, in cer- tain cases, and assess damages therefor 68, 69 shall have charge of glebes 89 entitled to the possession of the same, &c 89 sliall have power to lease the same, reserving annual rents 89 shall till vacancy in office of school director 10*) in case town system is adopted, shall appropriate money and assess tax for support of schools 108 shall appraise property of school districts in such casus. . .lO'.t Superintendent of Schools — town shall forward recei]it to State superintendent for school registers 11 shall make statistical returns to State superintendent 11 election of 16, 18 compensation of, and how allowed 16, 18 shall hold his otiice one year, commencing April 1st 16 shall make out in detail his account for services 17 his account shall be audited by the State auditor 17 town may vote to ))ay additional compensation to 17 shall hold two public examinations annually 17-21 certificates granted by to be good until the first day of April following .... 18 certain returns heretofore made to town clerks to be made to town supei-intendents 18 duty 1o file registers and census returns in town clerk's office on or before June 1st 18 to meet annually on third Tuesday of March 19 224 INDEX TO SCHOOL LAWS, S^iperintendent of Schools — to agree upon list of questions to be nsed on examination of teachers, and 1,o lix upon standard of qualifications. lU when aRsenal)led may elect president and Secretary — their duties '. 1!) duty to visit schools .... 20 shall examine schools 20 may adopt all necessary rules and regulations for govern- ment of school, &C 20 shall require full evidence of moral character and qunlili- cations of teacher ■ ... 2(( principals of union and graded schools not recjuired to ol)- tain certificate from lown superintendent 20 when desiring to teach in his own town, may procure cer- tificate from superintendent of adjoining town 21 shall give public notice of time and place of public exam- ination of teachers 21 examination of teachers by, shall be public, except in the discretion of the superintendent 21 shall make out and lodge in town clerk's office annually on or before February first, a list of names of teachers and dates of certificates 22 may revoke certificate in certain cases 22 efiecl of such revocation 22 vacancy in otlice, how supplied 2?> in case of vacancy in the otlice, superintendent of adjoin- ing town may examine teacher and gi'ant certificate. . 2'.'> entitled to one copy of ofiicial report of Stale superintend- ent 12 secretary of county meeting of town supei'intendents to procure lists of (juestions to be printed and distrilnited liJ State Lihrani — copies of State superintendenfs report to be filed" in 12 Superintendent of Education^ State — election of and iluties of.. . 'J duties of in holding institutes 10 shall prescril)e form of school registers 10 and furnish registers to town superintendents in Januai-y annually 10 shall forward receipt for statistical returns to town super- intendent 11 shall make biennially a report to the legislature of his ofii- cial doings 11 .shall cause not more than .'5500 copies to be printed and distributed 11 vacancy in office of ma}'^ be tilled by the Goveinor 11 salary of. 11 shall prepare and annually furnish to town superintend- ents blank certificates 19 T. Taxation — all school district taxes shall be uniformly assessed. 95 duty of prudential committee to make out tax hill for school district taxes 42 Taxation — I'eal estate shall be taxed in disl^rict in which situ- ated • 40 district may b}' vote order nanues omitted from tax bill.. . . 41 INDEX TO SCHOOL LAWS. 225 Taxation - l)ru(l('.nti;il comniitlcc sIimII iisscss districl taxes 42 tax hills shall Ik; made payahle to treasurer 42 all expenses lor siqiport of schools shall he di'lrayi'd l)y tax on ^rand list 43 lei^al voters may make ahatemeut on tax hills 43 on what list to be assessed 43 Teachers — See Examination of Teachers. list of, to whom certificates granted, to he lodged in town clerk's oltice on or hefore Fi^hruary 1st annually L12 shall ohiain from town superintimdent a certificate of (jual- ifications hefore he opens his school 20 certificate to, may he revoked in certain cases 22 etfect of such revocation 22 duty to procure of clerk a school register hefore commenc- ing term of school 00 duties in regard to filling up and returning register. . . .60, (57 prudential committee not authorized to pay teachers' wa- ges until register, properly filled up and completed, sliall he returned 07 and a certificate of the district clerk presented to the com- mittee 07 time of teachers in district school 103 Text-book— in Geography and History of Vermont 103 Teachers'' Institutes — one may he holden annually in each county by the State superintendent, on application therefor 10 State superintendent may employ assistants at 10 advertising and other necessary expenses of, how paid. . . : 10 Toion Clerk — duty to examine returns of district clerks 35 Towns — may abolish sc^hool district system 105-113 may vote additional compensation to town superintendents 17 may establish central schools 40 providing central school shall have powers of union dis- tricts 51 may raise school tax at annual March meeting 57 forfeiture in case X)f neglect of selectmen to assess, collect or appropriate school taxes 50 resi)onsible to State for Deposit Moneys 64 Town School Fund — how appropriated 55 how apportioned to fractional districts 58 Town System of Schools 105-113 Treasurer of School District — election and term of office of. ... 30 duties of. 30 vacancy in office, how filled 33 district tax bills shall be made payable to treasurer 42 'Treasurer of County — shall have charge of school lands in un- organized towns and gores 00 shall have power to lease such land 01 rents how apjn'opriated 92 Treasurer of Town — shall keep a separate account of school funds in case the town system is adopted 108 duties in regard to such funds 108 Trustee Process— provision for collection of taxes by 09 Trustee of U. S. Surplus Honey — to be annually elected l)y the towns (52 15 226 INDEX TO SCHOOL LAWS. Trustee of U. IS. Surplus Honey — shall give bonds 63 vacancy in ollicc, may be lilled by the town 63 shall loan the money 64 conditions of snch loans 64 shall pay to the town treasurer all the interest received. . . 65 u. Union School District — how formed 51 how to be accounted in distribution of public moneys 52 shall be a l)0(ly corporate 52 llrst meeting, how called 52 shall choose a clerk 52 when annual meeting shall be holden 52 their powers 53 prudent ial committee of, how constituted 53 the powers and duties of such committee 54 HKiy choose certain district oflicers, their duties 54 may raise money for paying teachers' wages 54 how dissatisfied district may withdraw 55 iiow contiguous district may join a union district 55 liow dissolved 43, 44 shall be entitled to receive the same number of shares of public money as the several districts of which it is comjjoscd have been entitled to 113 Union Schools — principals of, not required to procure certifi- cates of qualifications from town superintendent 20 United States Deposit Money — treasurer authorized to receive. . 60 shall be distributed among the towns: provisions concern- ing 61 to be re-apportioned at each census 62 trustee of such funds to be elected annually by each town. 62 how loaned • • . 64 income from such funds shall be annually appropriated for use of schools 65 trustees shall annually pay to the town treasurer all such income 65 provisions in case other school funds are sufficient for sup- port of schools .65 forfeiture by towns in case of refusal or neglect to 66 duty of grand jury to inquire into management of school fund 66 V. Voters— \n town meeting are male citizens 21 years of age where list has been taken, &c 27 right to vote not lost by omission of listers to take list in certain cases 27 who are voters in district meeting 28 Vote — Right to vote not lost by omission of listers to take list in certain cases 27 right to vote, how determined ... 28 W. Writ against School District— time and manner of service 115