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 A ISEViSE® €«^M1M®I^ 8CMOOI. S^AW, 
 
 Ifj c'^^v' f AND OF A LAW 
 
 RELATIVE TO THE PREPARATION OF 
 
 EXPLANATORY REMARKS, 
 
 ^ND Ji SET OF DISTRICT REGULATIONS. 
 
 PREPARED BY 
 THO. IS. 121JRIS«1VES, ^^lepersnlcndent. 
 
 Read in Senate, Jan. 15, 1838. 
 
 HARRISBURG: 
 PRINTED BY E. GUYER. 
 
 1839. 
 
 C*^. 
 
COMMUNICATION. 
 
 To C. B. Penrose, Esq. 
 
 Speaker of the Senate of Pennsylvania. 
 
 Sir : — In his last annual report to the Legislature, as superinten- 
 dent of Common Schools, the undersigned look the liberty of pro- 
 posing to prepare and submit at the present session, the draft of a 
 revised common school law, containnig all the provisions of the exis- 
 ting acts of Assembly deserving re-enactment, with such alterations, 
 amendments and additions, as his experience should dictate. The 
 members of that session having seemed to I'avor this ofl'er by refrain- 
 ing from a general revision of the law, and only making the few 
 amendments then proposed by the superintendent, he has since felt 
 encouraged, and in a manner authorised to fulfil the intention. He 
 now presents, in the shape then proposed, the work of most of his 
 leisure moments during the last two months, and the offspring of all 
 his experience and warmest wishes for the good of the system. 
 
 Attached to the bill will be found explanatory remarks on it, sec- 
 tion by section, designating the parallel parts of the existing laws, 
 and giving the reasons for such changes or additions as are introiuced. 
 
 The bill contains about double the number of sections to be found 
 in all the existing school laws. This, on reflection, will not probably 
 be thought objectionable. It will be recollected that vvhen directors 
 and other school officers meet in performance of their duties, they are 
 not generally in possession of the pamphlet laws nor of a Digest. It is 
 therefore desirable so to frame the school law, as to embrace with- 
 in itself clear and precise directions for carrying all its own details 
 into effect. This, of course, has added many provisions, and conse- 
 quently sections that were omitted from former acts. 
 
 The arrangement of the law is also entirely changed. It is sepa- 
 rated into general divisions, each embracing, under a comprehensive 
 and expressive head, all the law on one particular branch of the sub- 
 ject. This wdl obviate the necessity of marginal notes, and will 
 render reference to any particular part a matter of great facility. — 
 But in thus changing the arrangement, the old phraseology has not 
 been unnecessarily departed from. In fact, the admirable frame 
 work presented by the act of 1836, will be found with very little ex- 
 ception, to be contained in the one now presented, and to form the 
 
strong skeleton which has only been filled out and clothed with the 
 requisite detail. 
 
 In framing the explanatory remarks the undersigned endeavored, in 
 as few words as possible, to give his reasons, drawn from three years 
 administration of the system, for the changes proposed. He is prob- 
 ably mistal^en in several of his conclusions, and if so, his hope is that 
 the superior intelligence of the legislature may correct the uninten- 
 tional errors. But if he dare, without the appearance of presump- 
 tion, he would entreat that no part of the bill may be changed or 
 omitted without a clear conviction of its impropriety. If the reason 
 for any of the provisions now proposed, be not at ouce obvious, or 
 even if its unfitness be not certain, but only doubtful, he would ask 
 that it shall not be hastily rejected. The bill is the work of one n.ind, 
 and all its parts have been adapted, so as to depend on each other 
 with great closeness. It may easily, therefore, happen that the omis- 
 sion or alteration of one provision may mar the consistency and effi- 
 cacy of the v/hole. If the reasons given for any change be not suffi- 
 cient to conviction, the defect will more probably be found in the 
 ability of the undersigned to state them properly, than in the conclu- 
 sion itself, for let it be borne in mind, that each conclusion is the re- 
 sult of actual experience. 
 
 Whatever may be the fate of the bill, the undersigned feels that he 
 has performed his duty in framing it. It embodies all the results of 
 his experience and knowledge on the subject, and he feels assured 
 will be received, whatever may be its defects, as the sincere offering 
 of an ardent friend of the noble system to which it relates. 
 
 During the year just closed, the superintendent also fulfilled ano- 
 ther promise made in the last annual report. He alludes to the pre- 
 paration of a set of regulations or by-laws for the govermnent of the 
 districts and schools. These were pardy compiled from the regula- 
 tions or resolutions in force in the difierent districts and transmitted for 
 that purpose to the superintendent, and partly derived from his own 
 experience and reflections. The mass of regulations received from 
 the different boards was found to be so voluminous, that he could not 
 himself find time to arrange and collate them. He was, therefore, 
 compelled to resoit to the general power given to him by the act of 
 1837, on the subject, and employ additional assisLince. Out of the 
 regulations thus digested, he, with decreased labor, composed a very 
 full and tolerably complete series. These were printed in large num- 
 bers, and a sufficiency sent to each board to enable one to be put up 
 in every school house, after having been corrected or changed to suit 
 the circumstances of each district, or the more enlarged knov/ledge 
 of its board. It appears from recent accounts, that they have very 
 generally been adopted. A copy is hereto appended for the informa- 
 tion of the legislature 
 
 The whole expense, exclusive of postage, was about 6130, viz — ■ 
 clerk hire $130, and printing ^300. 
 
 The other operations of the system and of the office during the 
 
5 
 
 year, will be explained in the annual report. That document can- 
 not possibly be prepared before the middle of February. The district 
 reports, embracing as they do the operations of the schools up to the 
 first inst., are now only coming into the office, and will not be all re- 
 ceived befc-re the first of next month, after which period it will re- 
 quire s >me time to complete the tabular statements. The report must, 
 therefore, be prepared by the successor of the undersigned. 
 
 Without intending to forestal any of its statements, the present su- 
 perintendent may be permitted to say that, at the present moment, 
 of the tea hundred and twenty-seven districts in the state, t^glit 
 hundred and seventy-five have accepted the system. In these the^i^ 
 are at least five thousand schools, and two hundred imd thirty 
 thousand scholars, and that the cost of instruction since the system 
 commenced is decreased to nearly one half what it was before the 
 common school system becran to diffuse its blessings. 
 
 To have aided in producing these results is most gratify nig, and to 
 the legislature the greater portion of the pleasure belongs. No sugges- 
 tion has been made for the improvement of the system to them in 
 vain. And while the present superintendent lives, he will remember 
 with gratitude and pride the generous and unwavering support af- 
 forded to his feeble attempts to perform his duty and perfect the sys- 
 tem, under all circumstances, and in generous disregard of all minor 
 matters or conflicting feelings. 
 
 In retiring from his present position, he would make one more 
 draft on the confidence of the legislature. It is, that the bill No. 2, 
 in the accompanying communication, entitled " An act to provide for 
 the establishment of institutions for the preparation of common school 
 teachers," may be passed at the present session. 
 
 If this be granted, and the subject of the bill be properly laid be- 
 fore the people and their representatives, at the next session, he has 
 no fears for the result. Institutions for the preparation of teachers will 
 then be established. The system will thus be in possession of the 
 means of almost indefinite improvement. It will then contain within 
 itself the principle of its own safety — of its own independent and per- 
 manent existence, and cannot retrograde. Give it teachers, then — give 
 it good, moral, permanent teachers, and the system is complete. — 
 This is the settled conviction — it is the final advice of 
 Very respectfully. 
 
 Your obedient servant, 
 
 THO. H. BURROWES, 
 Superintendent of Common Schools, 
 Secrktary's Offioe, ^ 
 
 ■ Harnsburg, Jan. 15, 1839. 5, 
 
AN ACT, 
 
 To consoliduU and amend the several acts relative to Common 
 
 Schools. 
 
 I. Districts — New Districts. 
 
 Section 1 , Be it enacted by the Senate and House of Nepresen^ 
 iatives of the Commonwe<dth of Pennsylvania, in GeneralJlssembly 
 met, and it is hereby enacted by the authority of the same, That 
 €ach and every township, borough and ward, in the state, (except 
 in the city and incorporatfd districts of thecwunty of Philadelpiiia,) 
 that has a separate assessor and collector of county rates and ievies, 
 shall constitute and be a Common School district ; and each and 
 €very borough which is or shall hereafter be connected with a 
 township in the assessment and collection of county rates and 
 kvies, shall, with such township, form ene school district. 
 
 Sect. 2. When a nevv di-^trict shall hereafter be formed, either 
 by the division of a township, the separation of a borough rimn a 
 township, the incorporation of a borough with an assessor and col- 
 lector of county rates and levies, or by any other means, such 
 new district shall not be considered and recognized as a separate 
 and independent Common School district, until after the termina- 
 tion of the current school year in which said separation or creation 
 Into a new district took place, and until it have a full board of di- 
 rectors regularly elected or appointed, and organized, except that 
 the directors thereof shall have authority to levy, assess and col- 
 lect tax, prepare school houses, anil do all other acts necessary to 
 the commencement of teaching for the ensuing yeat . 
 
 Sect. S. The balance of Common School funds on hand or due 
 to an old district or districts out of which any new district shall be 
 formed, shall, at the end of ti»e current school year in which the 
 separation takes place, and after all existing claims against such 
 old districts shall have been paid or allowed for, be distributed 
 among the whole number of districts aftected by the separation or 
 formation of, and including such new tlistrict, in such proportions 
 that each shall receive se much of said balance, as, and no more 
 
than, would have been expended for Common School purposes 
 within its proper bounds it" no separation had taken place; which 
 balance shall be ascertained and distributed by the township or bo- 
 rough auditors, for the current year, of the old districtor districts, 
 at a meeting to be held at such place and time as shall be ap[»ointed 
 by the directors of the old district, of which each of said auditors 
 shall receive two weeks' written notice, and for which he shall be 
 paid by his proper township in the same manner as for auditing the 
 township accounts, and the said auditors, in settling said school 
 accounts for the purpose of ascertaining and distributing said bal- 
 ances shall possess and exercise all the powers, and be subject to 
 all the provisions pertaining by law to township or borough audi- 
 tors, in the auditing of townsl\ip or borough accounts. 
 
 II. Acceptance and Reiection. 
 
 Sect. 4. In every district '.vhich shall not have accepted the 
 Common School system, or which shall iiave regularly rejected it 
 after acceptance, the citi/.ens thereof, when assembled to clioose 
 directors, shall, annually during such rejection, vote on the ques- 
 tion of accepting or continuing to reject the same, and tliose in 
 favor of accepting shall vote a ticket on the outside of which shall 
 be written or printed, the words "'Education," and on the inside 
 the words, " Common Schools,^^ and those opposed to acceptance, 
 a ticket with the word «' Education," on the outside, and tlie words 
 *'iVo Common Schools,'''' on the inside; and when all the votes 
 polled shall have been counted, the judges of the electiiiti shall 
 make out, sign and seal tliree returns thereof, which shall b^ by the 
 constable or other officer holding said election, delivered, one to 
 the directors of the proper district, one to the county commission- 
 ers, and one to the court of quarter sessions of the proper county, 
 within ten days after said election, which election shall, in all 
 other respects, be held and conducted in the same manner and by 
 the same persons as that of directors ; and if the legality of said 
 election be contested by any ten qualified voters of the district in 
 writing, the said court of quarter sessions shall, at the next term 
 after such election, examine into the same and either confirm or 
 set it aside as may seem just and proper ; and if set a-i !e, said 
 court shall order a new election on not less than two weeks' pub- 
 lic notice in the usual manner by the proper officer. 
 
 Sect. 5. If a majority of tickets polled as aforesaid, contain the 
 words, *' no schools," then the Common School system shall not go 
 in operation into the district during the year ensuing suc!» elec- 
 tion; and the commissioners shall continue to provide fur the edu- 
 cation of the poor children thereof, under the act of Assembly pas- 
 sed the fourth day of April, 1809, entitled, *' An act to pr vide for 
 the education of the poor gratis," and the supplements th; reto. 
 
 Sect. 6. But if a majority of the tickets contain the words 
 *♦ Common Schools,^'' then the system shall be accepted and put 
 
into operation in the district by the proper directors thereof, with all 
 convenient despatch, and in accordance with the provisions of this 
 act; and the commissioners shall, upon receipt of the return of the 
 election showing a majority for tiie systeis!, cause the means by 
 them in use for the education of the poor gratis, to cease in the 
 district, and shall estitnate the balance of the tax collected there- 
 from, for the education of the poor gratis, for the current year, and 
 then remaining unexpended, and refund the same for the use of 
 the Common School system, to the treasurer of the district, on an 
 order to that effect, signed by the president and attested by the 
 secretary of the board of directors; and no tax for the education 
 of the poor gratis, shall thereafter be assessed on such district, by 
 said commissioners. 
 
 Sect. 7. In the year one thousand eight hundred and forty, and 
 every third year thereafter, the directors of any district having ac- 
 cented the system at any previous eh^ction, shall, if they deem it 
 expedient, call upon the qualified citizens thereof, by printed or 
 written notices, t.igned by the president and attested by the secre- 
 tary, and put up aTleast two weeks previous to the election, at not 
 less than six public places witliin the district, to decide by ballot, 
 at tl^e usual time and place of electing directors, whether the sys- 
 tem shall be continued in operation or not. .At which election 
 those in favor of the continuance of the system shall vote a ticket 
 with the word ''Education" on the outside, and t!ie words "Com- 
 mon Schools" on the inside, and those opposed to it, a ticket witb 
 the word "Education" on the outside, and the words "Mo Common 
 Schools." on the inside ; which vote shall be counted and three 
 returns made thereof by the judges and constable in the manner 
 described in the fourth section hereof; and in all other respects 
 the election directed by this section, shall be held and conducted 
 in the same manner and by the same persons as the election for di- 
 rectors ; and if a majority of the votes actually polled be in favor 
 of continuing the system, it shall be continued in operation till reg- 
 ularly discontinued in accordance with the provisions of this sec- 
 tion ; but if the majority of votes actually polled, be opposed to the 
 system, then it shall cease and be discontinued as soon as the funds 
 on hand shall be expended, and the laws for the education of the 
 poor gratis, shall revive and be put into operation in the district by 
 the county commissioners, until such time as the citizens thereof 
 shall otherwise decide, in accordance with the third section of this 
 act. 
 
 Sect. 8. When there shall be debts due for Common School 
 purposes by any district that shall discontinue the system, in ac- 
 cordance with the provisions of the seventh section hereof, and at 
 the time of such discontinuance, the directors of such district for 
 the time being, shall have power and authority to levy thereon dur- 
 in"- the year next succeeding such discontinuance, a tax sufficient 
 to discharge such debt?, which tax shall be levied, assessed and 
 
collected in the mode provided in this act for the levying, assessing 
 and collecting of school tax in accepting; districts. 
 
 Sect. 9. When tlie system shall have been discontinued by any 
 district under the provisions of the seventh section hereof, all 
 schiiol houses, lots and other property belonging to the directors 
 theieof, for the use of the district, shall vest in and remain the pro- 
 perty of said directors and their successors annually lor that pur- 
 pose elected, and shall be by tliem so applied and made such use 
 of as will best promote the progress ot learning in their district, 
 until the system shall be again accepted and put into operation 
 therein, when they shall be applied by said directors for the use 
 of the Common School svstom, in the same manner as before the 
 rejection thereof, subject always and without detriment to the rights 
 of primary ami secondary districts, and of third persons. 
 
 III. Election, Appointment and Expulsion of Directors. 
 
 Sect. 10. Two Common School directors shall be elected an- 
 nually in each district of the State, whether it shall have accepted 
 or rejected the system, who shall be qualitied citizens of the dis- 
 trict lor which they are choson, and whose term of office shall be 
 three years. 
 
 Sect. 11. In districts composed of townsiiips alone, tiie direC' 
 tors shall be chosen at the time and place of electing supervisors 
 and constable; in districts composed of boroughs or wards alone, 
 they shall be cliosen at the usual place of electing the borough offi- 
 cers, and at the time of electing supervisors and constable in the 
 townships of the State, if there be any election held in such 
 borough or wards on that day, but if not, tlien on the day of elect- 
 ing borough or ward officers; and in districts composed of town- 
 ships or boroughs together, they shall be chosen at the time and 
 place of electing supervisors and constable for the townships con- 
 nected with such boroughs, at which time and place the citizens of' 
 the boroughs shall vote with those of the townships; and said elections 
 shall all be held in the same manner and by the same persons as 
 elections for supervisors and constables, or borough or ward offi- 
 cers as the case may be. 
 
 Sect. 12. In districts in which directors shall n&t before have 
 been elected, six qualified citizens shall be elected directors at the 
 first election, of whom the two highest in vote shall continue in 
 office three years, the two next highest two years, and the two 
 lowest one year. But if more than two shall have the same num- 
 ber of Votes, the class to whicli they are to belong shall be deter- 
 mined by lot, and be entered on the minutes of the proper board. 
 
 Sect. 13. VVhenever a new district is tormed, the directors of 
 the old district out of which it was taken, shall hold their offices 
 and continue to act as directors of the district in which they reside, 
 alter the separation, during the term for which they were sever- 
 ally elected. If three or more than three reside in one of the 
 
10 
 
 districts affected by the separation, they shall fill their board by 
 appointment tw the number of six, till the next election, and if 
 less than three reside in either district, then they shall give notice 
 of that lact to the ciuistuble or proper officer of the distiic-, who 
 shall call a meeting of the citizens in the usual manner, and to be 
 held on huch day as they may designate, ar. wh ch the requisite 
 number of directois shall be elected to fill the board, who shall 
 respectively hold their offices during the terms for which those ia 
 whose steads they shall be elected would have held them, and they 
 shall be classed in the mode described in the twelfth section hereof. 
 Sect. 14. Duplicate returns of all elections for directors siiall 
 be made out, signed and sealed by the judges and delivered by the 
 constable or proper officer thereof, one to the proper biiard of direc- 
 tors, and the other to the court of quarter sessions of the county, 
 within ten days' thereafter, and each person elected a director, shall 
 be notified thereof in writing within five days' after the ele, tiDn, 
 by the constable or other officer who held the election; and it the 
 legality of any election for directors be contested in writing by not 
 less than ten qualified citizens of the district, the said court is here- 
 by authorized and required forthwith to examine into the election 
 and to confirm or set it aside as shall seem just arid proper, and if 
 set aside, to order a new election at the usual place and in the 
 usual manner, on not less than two weeks' public notice by the 
 proper officer. 
 
 Sect. 15. Each board of directors shall have power to fill any 
 vacancies that miy occur therein, by death, resignation, removal 
 from the district or otherwise, by appointments to continue till the 
 next succeeding annual election and no longer, at which time such 
 vacancies shall be filled by election ; but if the number of direc- 
 tors be at any time reduced to less than three, then such vacancies 
 shall be filled in the mode prescribed in the latter part of the thir- 
 teenth section hereof- 
 
 Sect. 16. If any person or persons duly elected a director or 
 directors shall neglect or refuse to attend a regular meeting of the 
 proper board after having received one week's written notice from 
 the Secretary to appear and perform the duties of his or their of- 
 fice, or shall appear but refuse to be qualified; or if any person or 
 persons, having taken on him or them the duties of his uv iheir 
 office, shall subsequently neglect or refuse to attend any two regular 
 meetings of the board in succession, or to act in his or their official 
 capHcity when in attendance, the directors present in either case 
 shall have power to declare the seat «)f such person or per>i"r.s va- 
 cant, and, it three directors are present and concur, to appoint < thers 
 to serve in his or their stead, till the next regular election, but if 
 less than three are present or concur, then to cause the vaciucy or 
 vacancies to be filled in the mode prescribed in the thirteeutii sec- 
 tion hereof. 
 
 Sect. 17. Whenever all the members of any board of directors 
 
11 
 
 «t an acce:pting district, shall refuse or neglect to perlVirm their 
 duties, and to put or keep the avstein in tperation so fai as (he 
 aneans of the district will ridmit, !he court of quarter se^^totis of 
 the proper county shall, upon complaint in writina;, and sworn to 
 by any ten taxable <jitizens of th-e district, and ondueproot thereof, 
 -declare the seats ol s<ich recusant or negligent directors vacant, 
 and appoint others in -their stead till the nextannua4 election ihr 
 directors. 
 
 IV. Organizatton, Officers, Meetings and Minutes of tub 
 
 Board. 
 
 Sect. 18. Annually, and wiithin twenty days' after the election 
 of directors, ea-ch boaid siiail be organiaeil bv the choice of «tfficers. 
 But before the -election ot officers each new member of the board 
 shall be sworn or affinoed by one of the eld members, (>r by a jus- 
 tice of the peace or alderman, to perlorm the duties of iht- ofijce of 
 Gotnmon School director,duringthe term (or which he shall have beer* 
 «lected, according to law and with fidelity, to the best of his skili 
 and ability ; which t^atli or affirmation sha'.l be entered on (he 
 minutes »f the board, and be subscribed by the member swearing 
 Or affirming and attested by the nvember, justice of the ^jeace cw 
 alderman who administered it. 
 
 Sect 19. The officers of each bnaid shall be a president and 
 •secretary, who shall also be members of the board, and shall 
 coniinue in oface till the first regular meeting of the board after 
 the next succeeding atuiual election of directors, orantil ti?eJr suc- 
 cessors are duly chose<i, and a treasurer who shall not be a mem- 
 iier of the boani, and whose term ol office shall be the same as 
 that of the president and secretary. 
 
 Sect. 20. Each board of directors shall hold at least fowr stateti 
 meetings in each year, which shall be on the last Saturdays in 
 March, June, Septernber and DecMiiber, or on such -other <iay3 as 
 •the board may determine, at the pisce of etcctitig directors fur the 
 district, and such other meetings as the circumstances of the dis- 
 trict oiay require, which ether meetings shall be held at the times 
 and places to v/hich the board may adjouin ; and the president and 
 secretary may call additiofial meetings, by at least one week's written 
 notice to each member, at such tin\e ajid place as the notice shall 
 specify. But if less than four members attend any meeting, no 
 business shall be transacted thereat, except that of adjournment to 
 ■some time and place to beagreed on by the mem^rs present, and of 
 •expulsion and appointnf.ent, or of notice to constable for new elec- 
 tion, under the thirteenth and sixteenth sections of this act. 
 
 Sect. 21. Reti;ular minutes of all five acts and proceedings of 
 each board shall be kept by the secretary theredf, in a book pro- 
 vided for that purpose, an<! shall be read al^oud t© the board by the 
 •secretary at the end of each meeting, and then be signed by the 
 iwesiient and secretary; and said nwnutes, or a copy thereof, cer- 
 
12 
 
 tilled to be correct under tlie hands and seals of the president an^ 
 secretary for the time beinjr. shall be conclusive evidence of the 
 acts and proceedings of the board in all judicial proceedings ; and 
 said acts and proceedings thus recorded, shall be binding on said 
 district, and valid to all intents and purposes, so far as they are in 
 aecordance with the lawful powers and duties of the board. 
 
 Sect. 22. A copy of so much of the rain-utes as he shall require 
 shall be furnished to any citizen who may demand the same atany 
 jif.eeting of the board, which shall be certified as aforesaid, and for 
 which he shall pay the secretary one cent for every line thereof, 
 containing ten ^,vords. 
 
 V. PoWSilS A5I> DUTIKS OF THE OFFICERS OF THE BoARD. 
 
 Sect. 23. The president shall preside at the meetings of the 
 board; call extra meetings when necessary; issue the duplicate and 
 warrant for the collection of the district tax to the eol lector; talvc 
 sufficient bond from the district treasurer for the faithful discharge 
 of his duty ; sign the certificate of the assessment of the district 
 tax; sign all orders issued on the district treasurer by order of the 
 board; sign the annual report of the district to the superintendent; 
 sign the minutes of the proceedings of each meeting of the board at 
 the termination thereof? and generally do and perform all other 
 acts and duties lawfully pertaining to the office of the president 
 of the board, for which he shall receive no compensation what= 
 ever. 
 
 Sect. 24. The secretary shall enter full minutes of aLI the pro- 
 ceedings of the boards in a book, provided for that purpose and read 
 and attest them at the termination of each meeting;, iiave the care 
 and cM^tody of toe book of minutes and of all other papers and docu- 
 ments belosiging thereto and to the board; prepare the duplicate 
 of School tax; ktepan account of all abatements and exonerations 
 made by the board ; prepare, attest and forward to the superinten- 
 dent the annual certificate of tax ; prepare and attest all orders 
 on the treasurer, and other documentsv signed by the president; pre- 
 pare, attest and forward to the superintendent the annual report of 
 tlie district; and do and perform all other acts and duties lawfully 
 pertaining to the office of secretary of the board, for which he shall 
 receive such moderate compensation as the board may determine. 
 
 Sect. 25. If the regular president or secretary shall absent 
 himself from any meeting of the board, or, being present, shall 
 refuse to perform any of the duties of his office ; in either case a 
 president or secretary, pro tempore, shall be appointed by the mem- 
 bers present, for the occasion, and a note thereof entered on the 
 minutes; and the acts necessarily performed by such president or 
 secretary pro tempore, during such meeting, shall be as valid and 
 binding on the board and district, as if they had been performed 
 by the regular officer of the board. 
 
 Sect. 26. The treasurer shall give bond to the President,, for 
 
*1^ 
 
 the use oF the uistrict, in such amount atid uitli such surities as 
 shall be approved by ihe board, tor tlie faithful performance of his 
 duty ; receive all state appropriations, district rax, and other funds 
 of the district; pay thereout all orders of tlie board signed by the 
 pres'ident and attested by the secretary ; settle his accounts annu- 
 ally before the township or horoiigh auditors, in di'fault of which 
 he shall not be re-appointed ; pay over the baknce to his successor 
 in oflke without delay ; and generally do and perlbrm all acts and 
 duties lawfully pertaining to his office as district treasurer, for 
 which he shall be entitled to retain such a percentage on all the 
 moneys actually in his keeping durin;,' the year, as may have been 
 agreed on l\y the directors and specified in his bond. 
 
 f*ECT. 2r. If a treasurer, having suificient funds in his hands, 
 t-hall at any time refuse for two weeks to pay an r)rder of the board 
 signed by the president and secretary, I e shall be liable, on proof 
 thereof before the nearest justice of the peace or alderman, and 
 without stay of execution, to pay the full amount ot said order, 
 and ititerest at the rate ol tvvcdve per cent per annum ihei^on, 
 from the first relusai till the day of payment, by way ot damaoes« 
 and the whole costs of the suit or proceeviing, which interest and 
 cost shall not be allowed him out of the funds of the district on set- 
 tlement of his accounts; but if, on hearing before the justice of 
 the peace or alderman, of which the treasurer shall have five days' 
 written notice, he shall sliow ti> the satisfacti(ui of said justice or 
 alderman, that he had not sufficient funds of the distiict iji his 
 hands to pay the order, then he shall not be liable to pay the amount 
 of such order, in'erest, nor cost>, but the costs of such suit or pro- 
 ceedittji, including; those that he may have necessarily incurred in 
 his defence, shall be paid by the opposite party. 
 
 VI. General Powkks and Duties of the Board. 
 
 Sect. 28. The baard of directors of every district which shall 
 have adopted the system, shall posses^ and exei-cise the following 
 powers and perform tlie following duties, when such district is not 
 sub-divided and laid ofF into primary or secondary districts; and 
 when it is so sub-divided and laid off, fhey shall retain and exer- 
 cise such of the powers and perform such of the duties as are not 
 hereinatter expressly delegated to, and enjoined upon primary or 
 secondary cimimittees; togetiier with the other powers and tluties 
 given and enjoined by this act, or necessarily iii-cident to their 
 character as directors and the '^nud of the system. 
 
 i. They shall establish a sulltcient number of Comn4on Schools 
 for the education of every individual between the ages of five and 
 seventeen vears in tne district, who may apply for admission and 
 instruction, either in person or by parent, guardian or next friend ; 
 but persons under the age of five, and over the age of seventeen 
 years may be admitted into the schools by permission of the board, 
 or o'. I'.ie proper primary or secondary committee when there is one. 
 
14 
 
 2. Tliej sha!l cause the schools of their district to be kept opet» 
 for instruction at least six iHonths in each year, if they sbalt have 
 funds for that purpose. 
 
 &. They shall sub-divide the distriet into priinarj district* 
 when they shaEf deem it expedient, in such manner as shall promote 
 the convenience &\ the youth thereof, and the good of the system. 
 
 4. 'I'hey shall locate ail schooF houses in such manner as the 
 .eguiatii)ns or by-laws of the district may provide, and shall not 
 abandon nor change the locations thereof, without good cause, and' 
 the consent of a maj-ority of the parents of the children attending 
 the sch(H)ls respe'ctively. 
 
 5. F'lvffy shall cause suitable lots to be purchased or rented, and 
 buililings to be erected, purchased or renred for school houses and 
 kept in repair, and shall furnish- the houses with proper seats, 
 desks and wther conveniences and apparatus for teaching, and sup- 
 ply ihtMTi vvitFi stoves and fuel. 
 
 6. Tliey shall examine teachers who may apply for employment, 
 either by the board, by commitfee or by other persons appointed 
 for that purpose, who slrall give to each teacher found qualified, a 
 certificate setting forth t!ie branches he or she is capable of teach- 
 ing, which shall be signed also by the President arid attested bj 
 the secretary. 
 
 7. They shafl em^ploy all the teachers of the Common Schools of 
 the disliict by written contract with the president, fix the amount 
 ofteaciters' salaries, and dismiss incompetent, cruel, negligent,, or 
 immoral teachers at the end of any month. 
 
 8. They shall adopt and cause to be put up in each school house 
 a genetal system of rules or by-laws for the regulation of the dis- 
 trict and the schools. 
 
 9. They shall determine and direct what books shall be used 
 and wh:'.t branches shall be taught in the schools. 
 
 10. Tliey shall by one or more of their number visit every school 
 in the district at least once in each month while open, and shalt 
 cause the result of such visit to be entered on the minutes, and the 
 quarterly reports of the primary committees or teachers to be filed 
 therewith. 
 
 1 1. They shall exercise a general and constant supervision over 
 the Coinmort Schin)!* of their district, and adopt every proper 
 means to promote the free, equal and useful instruction of the 
 youth thereof at the smallest possible expense. 
 
 12 They shall designate the school into which each pupil shall be 
 admitted, except when the district is sub-divided into primary or 
 secondary districts, m which case each pupil shall attend the school 
 of his own primary or secondary district. 
 
 13. They shall suspend during plea&ure, or expel during the 
 current school year, from school, all pupils found guilty, on full 
 hearing, of incorrigibly bad conduct, and shaH enter such suspen- 
 sions and expulsions, with the causes thereof, on the minutes. 
 
15 
 
 14. They shall pay all necessary expenses of the system by 
 drafts on the district treasurer, issued by order of the board at a 
 meeting thereof, and signed by the president, atte^ted by the 
 secretary and entered on the minutes. 
 
 15. They shall appoint the treasurer and collector aimually, and 
 shall determine the compensation of the sectetary and treasurer. 
 
 i'6. They shall levy, assess and cause to be collected the school 
 tax of the district in the manner hereafter directed. 
 
 17". They shall apportion the Common School funds of the dis- 
 trict among the primary and secondury districts thereof, if it be 
 sub-divided, in such nianner and proportions as may be just and 
 equal. 
 
 18. They shall have power to purchase and hold the real and 
 fversonal property which may be necessary for the establishment 
 and operation of the system, and the s^ime to sell, alien and dis- 
 pose of, for the good of the district, when it shall no longer be 
 necessary for the purposes aforesaid. 
 
 19. In all cases where real estate is held by trustees or others 
 for tlie general use of a neighborhood as a school house or its ap- 
 pendages, it shall be lawful for the said trustees or others, or the 
 survivor or survivors of them, to convey the same to the directors 
 of ilitt propei- district, and thenceforwaid the directors and their 
 successors shall hold said property for the use of the Common 
 Schuol s_ystem in the district, and for the same term for which it 
 was originally granted to said trustees «r others, or their prede- 
 cessors. 
 
 20. Whenever any controversy or difhculty shall occur in the 
 board or in tlie. district, requiring the official action of the super- 
 intendent, they shall make out, at a regular meeting of the board, 
 a lull statement thereof, and transmit the same, signed by tiie 
 president and attested by the secretary, to the superintendent for 
 ins advice or decision, as the case may be, and shall also enter 
 such st;itement at length on the minutes. 
 
 21. They shall annuiilly, on or before the first Monday in Oc- 
 tober, make report to the superintendent, in such form as shall be 
 prescribed by him, of their operations and of the condition of their 
 district during the year ending on the first Monday of the pre- 
 ceding September. 
 
 22 School directors shall not receive any pay or emolument 
 whatever for their services as such ; but they and Common School 
 teachers shall be exempt, during the time they continue to perform 
 the duties of their respective offices, from military duty and from 
 serving in any other township, borough or ward office. 
 
 23. No director, during his continuance in office, shall be 
 teacher of a Common School or contractor in the employment of 
 the board to build a school house, or to do any other work or duty 
 for which he is to receive compensation. Nor shall he be the bail 
 or surety of the district treasurer. 
 
1@ 
 
 VII. Primary Districts, Committees and Schools. 
 
 Sect. 29. Each district shall, if the directors thereof deem it 
 expedient, be sub-divided into primary districts, each of which 
 shall contain one, or not more than two primary schools. The 
 bounds of each primary district shall be entered on the minutes of 
 the board, and shall not be altered except with the consent of the 
 primary committee thereof, and at a full meeting of the board. — 
 Neither shall the sub-division of the districts be abolished, except 
 with the consent of a majority of the citizens of the district ascer- 
 tained at a public meeting, convened by the board for that purpose, 
 or by writing signed with their names and addressed to the board. 
 
 Sect. 30. The qualified citizens of each primary district shall, 
 on the last Saturday in each school year, (except in the first in- 
 stance, when the election shall be held on such day as the directors 
 may designate,) elect by ballot three citizens thereof, to be the 
 primary committee for the ensuing year ; which election shall be 
 held at the school house of the primary district, on notice to that 
 effect, put up at not less tlian six public places in such distiict for 
 two weeks previous to such election by the committee of the pre- 
 vious year, or by any three citizens thereof, at which election two 
 of the citizens of the district, chosen for that purpose by the citi- 
 zens preseHt, one as inspector and the other as clerk, shall open 
 said election at two o'clock in the afternoon and conduct the same; 
 and when all the votes shall have been received, shall declare the 
 three highest in vote elected, and, within five (!ay«, make re- 
 turn thereof in writing to the secretary of the board of directors of 
 the district, and give notice in writing to the piimary committee 
 so chosen of their election. 
 
 Sect. 31. In case the citizens of any primary district refuse, 
 fail, or neglect to elect a primary committee on the proper day, 
 the board of directors of the district shall, at their next meeting 
 thereafter, appoint three citizens of such primary district to act as 
 the committee; and the persons so appointed shall possess all the 
 powers and perform all the duties of a committee elected by the 
 citizens. 
 
 Sect. 52. The primary committee shall select the teacher for 
 their district, subject to examination and approval by the board of 
 directors ; fix the time of opening the school for the year; admit 
 pupils ; visit the school by one or more of their number at least 
 once in each week ; provide iuel ; make repairs to, and have the 
 custody and charge of the school house ; make a quarterly report 
 to the board of directors showing the number of scholars with the 
 condition and progress of the school ; and generally attend to all 
 the local concerns of the sub-district, subject to the advice and 
 control of the proper board : and for all necessary expense of fuel 
 and repairs, they shall exhibit their accounts to the board, who- 
 shall pay the amount by order on the treasurer in the usual manner. 
 
17 
 
 VIII. Adjoining District, German Endowed and Congrega- 
 tional Schools. 
 
 Sect. 33. Whenever any portion of the youth of any accepting 
 district cannot be conveniently accommodated in the primary 
 Common Schools thereof, on account of their great distance from 
 the school house, or of difficulty in access thereto, caused by creeks, 
 rivers, mountains, or the want of roads, and when such youth can 
 be conveniently accommodated in the primary Common Schools of 
 an adj lining accepting district, it shall be the duty of the directors 
 of such two adjoining districts, whether they be in the same or in 
 different counties, to enter into an arrangement by v.'hicl\ such 
 youth shall be admitted and instructed in the most convenient 
 school of the adjoining district j and for their instruction the board 
 of tlie proper district shall pay the board of such adjoining district, 
 by order in favor of the treasurer thereof on their own district 
 treasurer, such sum or sums as would have been expended tor the 
 instruction of such youth, if they had attended the primary school 
 of their proper district; in consideration of which, they shall be 
 permitted to attend the school or schools of such adjoining district, 
 so long as the money thus paiil shall defray the expenses of their 
 instruction therein, according to the prices and regulations thereof, 
 and no longer, if such school or schools shall be so long kept open 
 for the instruction of the resident youth thereof, but not otherwise. 
 Sect. 34. Or, the directors of such adjoming districts may es- 
 tablish a primary district or districts, composed of such parts of both 
 districts as require the connexion, and build or otherwise provide 
 a school house therein; the expense of which house and of main- 
 taining the school in operation, shall be borne by the board of such 
 adjoining districts jointly, in such proportions as may be agreed on 
 by them in writing; and the citizens of such primary district shall 
 elect a primary committee therefor, in the manner directed in the 
 thirtieth section hereof, who shall exercise the same powers as 
 other primary committees, and be subject alone to the control of, 
 and the school to visitation by, tlie board of directors of that dis- 
 trict which shall contribute the greatest amount to the expenses of 
 such school. 
 
 Sect. 35. No arrangement or contract made under the thirty- 
 third section hereof, shall be terminateil or rescinded except at 
 the end of a school year, and after at least six months written no- 
 tice, signed by the president and secretary of the board, desirous 
 of terminating or rescinding, expressing their desire to do so, and 
 delivered to the president or secretary of the other board ; and no 
 primary district formed in accordance with the thirty-fourth sec- 
 tion hereof, shall be abolished, except by consent of a majority of 
 the citizens thereof expressed in writing to (he board of both dis- 
 tricts, or by the votes of the majority of the citizens, given at a 
 public meeting called for that purpose on not less than two weeks 
 written notice by the primary committee thereof; and in case of 
 
 S. 
 
18 
 
 separation, the district in wliich the school house remains hhall 
 pay to the other a reasonable consideration for its interest therein. 
 
 Sect. 36. In districts or primary districts whose citizens speak 
 the German language, the directors shall establish schools in which 
 the exercises shall, if suitable teachers can be procured, be either 
 wholly or in part conducted in that language as said citizens may 
 desire ; and in all cases in whicli it shall be desired by the parents 
 of the children ; the teachers shall be qualified to give instruction 
 both in the English and German languages, if a suitable teacher 
 can be obtained of sufficient qualification in other respects. 
 
 Sect. 37. When any school of the primary Common School 
 grade is, or shall hereafter be endowed by bequest or otherwise, 
 the proper board of directors shall have power to appropriate so 
 much of the district funds to such school as they may think just 
 and reasonable, so long as they shall believe the good of the dis- 
 trict promoted thereby ; and said school shall remain under the im- 
 mediate direction of the regularly appointed trustees of the same; 
 but shall be open from time to time, to the visits of the directors of 
 the proper district, to see that it is conducted in conformity with 
 the Common School system of the commonwealth, so far as the 
 same is applicable thereto. 
 
 Sect. 38. When there shall be any accepting district, a free 
 school of the primary Common School grade, maintained by and 
 under the care of a congregation or religious society, it shall be 
 lawful ior the directors of the district to pay towards the support 
 of such school, to the trustees or others having charge thereof, any 
 portion of the school funds of the district whicli they may deem, 
 just and reasonable, so long as they shall be satished that such 
 payment is not injurious to the Common Schools of tiie district ;■ 
 and so long as said school shall be conducted in accordance with 
 the Common School system of the commonwealth j so far as the 
 same is applied thereto, and so long as it is open to the visitation 
 of the directors from time to time. 
 
 ■ IX. Secondauy Districts, Committees avd Schools. 
 
 Sect. 39. Whenever the committees of not less than two nor 
 more than four adjoining primary districts, shall desire to estab- 
 lish one school therein for instruction in higher branches than those 
 taught in the primary scliools, and when the expense thereof can 
 be borne without reducing instruction in such primary schools to 
 less than six months in each year, they shall unite in an application 
 to that effect to the proper board of directors, who, if they approve 
 thereof, shall appoint a committee of not less than two directors to 
 act with one member of each of said primary committees, who to- 
 i^ether shall locate such secondary school house, adopt a plan for 
 its construction, arrange the proportion of the expense of building 
 the house and maintaining the school in operation, to be paid by 
 each primary district, and determine the number of pupils to be 
 
i9 
 
 «eiit to it by each primary district; and the whole expense of sucU 
 secondary school shall be borne by the primary districts at whose 
 application it was established, and be paid by the directors in the 
 usual manner out of the proportions of the district funds coming to 
 such primary districts. 
 
 Sect. 40. Each secondary school stiallbe visited by a comtnittee 
 composed of one member from the committee of each primary dis- 
 trict within its bounds, one of whom shall visit it at least once in 
 each week, und while acting on the secondary committee shall be 
 relieved from performing any of the duties of primary committee 
 men. They shall employ and determine the salary of the teachef 
 subject to the approval of the board ; admit the pupils; select the 
 school books; provide staves and fuel; keep tlie school house in 
 repair and retain the charge and control of it ; make a quarterly 
 report of its condition to the board of directors ; and have thegen- 
 €ral control of the school. 
 
 Sect. 41. No pupil shall be a<lmitted into any secondary school 
 who shall not be a resident of the proper secondary district, and 
 who shall not Ikivc passed such an examination before the proper 
 secondary committee as to satisfy them that he or she is fitted fo4- 
 admission by having acquired al! the branches taught in the pri- 
 mary schools, except in the case of pupils who shall have actually 
 passed through one of the primary schoels of the proper district, 
 iind who shall produce a certificate from the directors tothat effect, 
 in which case such pupils shall be admitted into the secondary school 
 without examination ^ but no now pupils shall in any case" be ad- 
 mitted JRto a secondary school except on the first Monday of the 
 -quarter. 
 
 Sect. 42. Fcrr the purpose of encouraging tire establishment of 
 .secondary schools -and of thus promoting tbe higher branches of 
 learning in every part of the commonwealth, the superintendent is 
 hereby authorized and required to add annually, the sum of fifty 
 dollars to the state appropriation of each district, for each and 
 €very secondary school therein, which shall have contained not less 
 than twenty-five pupils, constantly engaged in the study of the 
 proper branches of a secondary scliool, during not less than six 
 months of the next preceding school year; wiuch facts shall be 
 certified to him by the proper board of directors in the same man- 
 ner and at the same time with the annual certificate of tax ; and 
 •the said appropriation of fifty dollars to each secondary school in 
 the district shall be applied to the use thereof by the directors, by 
 <lrafts on the district treasurer in the usual manner, without any 
 increase of tax on thedistrict'in<;o42S€q«euceof the receipt thereof. 
 
 X. Branches of Study. 
 
 Sect. 45. The branches to be taught in each primary Common 
 School shall be, when competent teachers can be obtained, reading, 
 writing and arithmetic thoroughly, the rudiments of grammar, ge- 
 
20 
 
 ography, history, drawing and vocal music, with strict attention 
 to moral culture and general deportment, or such of the aforesaid 
 branches as may be suitable to the age and advancement ol" each 
 pupil. 
 
 Sect. 44. The branches to be taught in each secondary school 
 shall be a more thorough course of grammar, geography, history, 
 drawing and vocal music than in the primary schools, with con- 
 tinued and careful attention to moral culture and general deport- 
 ment; composition, book-keeping, mathematics, the principles of 
 surveying, astronomy, natural history and chemistry, together 
 with careful instruction in the history and government of this 
 State and the United States ; and such other branches as the pro- 
 per secondary committee may direct. 
 
 XI. State Appropriation and Taxables. 
 
 Sect. 45. There shall hereafter, annually, be paid by the State 
 Treasurer to the treasurer of each accepting district in the com- 
 monwealth, upon an order signed by the superintendent in favor 
 of such district treasurer, the sum of one dollar for each and every 
 taxable inhabitant thereo.C, in full of all state appropriation or tunds 
 in aid of primary Common Schools, for the current year; which 
 order shall be issued as soon after the first Monday in September 
 in each and evevy year, commencing on the first Monday in Sep- 
 tember, one thousand eight hundred and thirty-nine, as the certifi- 
 cate of tax hereinafter described, shall have been furnished to said 
 superintendent. And the like amount of appropriation shall be 
 paid annually to the county treasurer of the city and county of 
 Philadelphia, in aid of the free schools thereof, on application bj 
 said treasurer, and in like manner as in the case of a Common 
 School district., except that no certificate of tax shall be required. 
 
 Sect. 46. When any district shall, for the first time, have ac- 
 eepted the system, previous to the first day of November, one 
 thousand eight hundred and thirty-nine, the superintendent shall, 
 at the time of issuing the order for the appropriation of the cur- 
 rent year, also issue orders for any appropriation that may be un- 
 drawn in the State Treasury, for the use of such district for any 
 preceding year or years, under former acts and resolutions of the 
 General Assembly ; but on the said first day of November, one 
 thousand eight hundred and thirty-nine, the portions of State ap- 
 propriation of that and former years, intended for all the districts 
 which shall not then have accepted the system, shall revert to and 
 be paid into the Common School fund, created by the act of As- 
 sembly of the second day of April, one thousand eight hundred and 
 thirty-one, entitled "An act providing for the establishment of a 
 aeneral system of education," and no district shall ever there- 
 after draw in any one year, a greater portion of State appropriation 
 to Common Schools, "than may be due to it, as appropriation for, 
 
21 
 
 and of each and every year during winch it shall have been an 
 accepting district. 
 
 Sect. 47. When making out the order on the State Treasury 
 for the State appropiiation in aid of the primary Common Schools 
 in any district that contains one or more secondary Common 
 Schools, the superintendent shali add to the amount of such order, 
 the sum of fifty dollars for each of such secondary schools, he 
 being first certified of the existence, number of pupils, course ot 
 studies, and duration of teaching within the next preceding year, 
 of such secandary school, which appropriation to secondary schools 
 shall not cause any increase of school tax on the district receiving 
 it. 
 
 Sect. 48. It shall be the duty of the commissioners of every 
 county in the State, to ascertain triennially, with the assistance of 
 the respective assessors, the exact number of the taxable inhabi- 
 tants of each district in their seveial counties, and to certify the 
 same, under their hands and seuls of office, to the superintendent, 
 who is hereby directed to adopt the number of taxables thus certi- 
 fied as the basis of distribution of State appi'opriation to the pri- 
 mary Common Schools in the manner aforesaid ; which said certi- 
 ficates shall be prepared and transmitted so that they shall reach 
 such superintendent on or before the first day of June in every 
 third yea ■, the first to be transmitted in the year one thousand 
 eight hundred and thirty-nine ; and if the commissioners of any 
 county neglect or fail to forward such certificates so that they shall 
 not be received on said first day of June, in any third year, the 
 superintendent may, in that case, adopt the number of taxables 
 set forth in the next preceding certificate or return, for the pur- 
 pose of ascertaining the portions of State appropriation coming to 
 the several districts of such county. Said commissioners shall 
 also cause to be published, in not less than two weekly newspapers 
 in their proper county, if there be so many printed therein, for three 
 weeks in the month of June, in every third year aforesaid, a list 
 of all the districts thereof, with the whole number of taxables in 
 «ach, ascertained as aforesaid, that the citixens thereof may know 
 the amount of their appropriation fur the next three years. 
 
 Sect. 49. Whenever a new district shall be formed in any 
 county, it shall be the duty of the commissioners thereof, to cer- 
 tify to the superintendent, before the comtnencement of the next 
 succeeding school year, the number of taxable inhabitants therein, 
 and also the number in the district or districts from which it was 
 taken, separately, according to the last preceding triennial enu- 
 meration of taxables made for school purposes, so that the whole 
 ■number in such new district, and in that or those out of which it 
 was taken, being added together, shall neither be greater nor less 
 than the number that was therein before the change was made, and 
 according to the last triennial certificate or return of taxables there- 
 for, made by said commissioners- 
 
I. Levy, Assessment, Certificate and Collection of Tax» 
 
 Sect. 50. The school directors of every accepting district shalt 
 tinnuailj, during acceptance, on or before the first Monday in May^ 
 and by the votes of not less tlmn three members of the board, levy 
 such an aniount of tax on their district as they may think necessary 
 for common school purposes for the nest ensuing school year; 
 which tas shall not in any case be less than equal to, nor more 
 than double the amount of the State appropriation to primary Com- 
 mon Schools coming to such district (or the next year. 
 
 Sect. 51. For the purptse of raising any tax that may bedeem- 
 ed necessary by the directors for the support of the system for the 
 ensuing year, in addition to the amount authorized by the preced- 
 ing section hereof, they shall call a meeting of the qualified voters 
 of the district by written notices, signed by the president and sec- 
 retary, and put up at least two weeks prior to such meeting, at not 
 less than six public places theifein, in which notice the amount of 
 fax levied by the directors themselves, and also the additional' 
 amount deemed necessary by them, shall be stated ; which meeting 
 shall be held on the third Saturday after the first Monday of May 
 aforesaid, at two o'clock in the afternoon, at the usual place of 
 electing supervisors and constable, or borough or ward officers, the 
 president of the board of directors acting as inspector, the secre- 
 tary as clerk, and two of the citizens present as judges thereof j 
 and the citizens of the district who are in favor of the proposed 
 additional tax, shall vote tickets with the vi^ord "tax," written or 
 printed on the outside thereof, and the sum proposed by the di- 
 rectors in words at length on the inside, and those opposed to such 
 additional tax, tickets '.vith the word <•' tax " on the outside, and the 
 words "no additional tax, ''on the inside; a return of which elec- 
 tion shall be made by the judges thereof to the proper board of di- 
 rectors forthwith ; and if the majority of votes actually polled be 
 in favor of the proposed additional tax, it shall be assessed, col- 
 lected and applied in the same manner and at the same time with 
 the tax authorized with the preceding section hereof; but if the 
 majority be opposed to it, then no additional tax shall be levied, 
 assessed or collected for the ensuing year. 
 
 Sect. 52. And for the purpose of enabling the board to assess 
 and apportion the tax for the ensuing school year, the assessor of 
 county rates and levies of the township, borough or ward, compo- 
 sing the district, shall, on or before the tirst Monday in June, 
 annually furnish the president or secretary thereof with a correct 
 copy of the last adjusted valuation of property, subjects and things 
 taxable in the same, for county purposes, together with a correct 
 return or list of the amount and value of the personal property in 
 the same, made taxable by the act of twenty-fifth of March one 
 thousand eight hundred and thirty one, entitled " An act assessing 
 a tax on personal property, to be colh^cted with the county rates 
 
23 
 
 and levies, for the use of thecommonwealt'ii," which personal prop- 
 erty is hereby made taxable for school purposes according to the 
 provisions of said act, except that it shall be taxed at the same 
 rate on its valuation f^^r school purposes a.s real *>state, and that the 
 assessment shall be made by the directors as hereinafter directed; 
 and it is hereby enjoined upon the coinmi^isioneis of the several 
 counties to cause the returns or lists of said personal property to 
 be prepared by the assessors of county rates and levies, and fur- 
 nished as hereinafter directed to the board of directors. 
 
 Sect. 53. Whereupon the board of directors shall on or before 
 the first Monday in July, annually proceed to levy and apportion 
 the tax, including the additional tax if any shall have been author- 
 ized, as follows, viz : They shall first assess upon all offices and 
 posts of profit, trades and occupations, and upon all single freen>eu 
 above the age of twenty one years who do not follow any occupa- 
 tion, any sum which they shall deem proper and sufticient, not ex- 
 ceeding, however, in any case, the sum wnich may be, during the 
 current }car, assessed on said officers, posts, possess^ions, trades, 
 occupations or single freemen, respectively, for county purposes, 
 except that the sum assessed on each shall in no case be less than 
 fifty cents ; and if there be any persons resident in said district 
 who do not follow any known profession, trade or occupaiiop, such 
 persons shall be assessed at no* less than fifty cents, nor more 
 than five dollars each, according to justice and the discretion of 
 the board. Having ascertained the amount thus assessed, the di- 
 rectors shall in the second place assess and apportion the balance 
 necessary to make up the whole .Imount of the tax to be raised, 
 upon the property of the district taxable for county purposes, and 
 on the personal property described in the act of the tvventy-fitth of 
 March, one thousand eight hundred and tliirty-one, before recited, 
 according to one and the same rate in both cases. But said act of 
 the twenty-fifdi of March, one thousand eight hundred ami thirty- 
 one, shall not be so construed as to make widows' dower liable 
 to the payment of school tax. 
 
 Sect. 54. When the wh(de tax is thus assessed and apportioned, 
 the secretary shall make out, before the first of the following Au- 
 gust, a correct duplicate of the same, and the president shall, on or 
 before the first of September next ensuing, issue his warrant with 
 the duplicate, to the district collector to collect the same; and the 
 board shall have the right, at all times, to make such abatements 
 or exonerations for mistake-!, indigent persons, unseated lands, &c. 
 as to them shall appear just and reasonable; and the secretary 
 shall enter on the minutes the names of all persons m whose favor 
 such abatements or exonerations were made,, together with the 
 reasons therefor; but no appeal from the assessment of the board 
 shall take place or be held. 
 
 Sect. 55. As soon as the president shall kave issued the warrant 
 and duplicate to the collector, and not before, he shall certify the 
 
24 
 
 same, with the amount of such tas both ordinary and additional, 
 and the name of the district treasurer, to the superintendent, to 
 enable him to issue the necessary order for the district portion of 
 State appropriation. Said certificate shall also state that the bounds 
 of the district have or have not been altered since the date of the 
 certificate of the next preceding \ear, as the case may be, and shall 
 be signed by the president and attested by the secretary and treas- 
 urer of the district, all of whom shall write the name of his near- 
 est post office under his own name ; and at the foot of said certifi- 
 cate, a majority of the auditors of the township, borough or ward, 
 composing the district, shall certify that the school accounts of the 
 district treasurer who was then in office, were by them settled and 
 adjusted according to law on the regular day for such settlement, 
 next preceding the date of the certificate. 
 
 Sect. 56. The collector of county rates and levies of the town- 
 ship, borough or ward, composing the district for the time being, 
 shall be district collector, if the board of directors approve of him ; 
 and if, being so approved, and the warrant and duplicate presented 
 to Irim, he shall refuse to receive them or having received them, 
 shall refuse and neglect to collect the tax, he shall forfeit and pay 
 the sum of twenty dollars and costs, to be recovered before a jus- 
 tice of the peace or alderman of the district, at the suit ot the 
 president for the use of the district, as debts of like amount are or 
 shall be by law recoverable, without stay of execution ; and 
 some other freeholder of the district, possessing a clear estate 
 which in the opinion of the board shall be a sufficient guarantee for 
 the faithful performance of the duties of collector, shall, with his 
 own consent, be appointed in the place of such collector of county 
 rates, which freeholder being so appointed and having taken on 
 him the duties of the office by accepting the warrant and duplicate, 
 shall, if he afterwards refuse or neglect the tax, be subject to the 
 like penalty as in the case of the collector of county rates, and so of 
 every other person who shall consent to serve and afterwards refuse 
 or neglect so to do. 
 
 Sect. 57- No persoji shall be reappointed collector of school 
 tax, until he shall have paid over to the district treasurer the whole 
 amount of his former duplicate, except abatements and exonera- 
 tions ; neither shall any one be re-appointed or chosen a second 
 time in any term often years, without his own consent ; nor shall 
 any collector of school tax be required to give bond for the faith- 
 ful discharge of his duty. 
 
 Sect. 58. The district collector shall have like power to enforce 
 the payment of school tax as collectors of county rates and levies 
 have to enforce the payment of the same, and shall receive like 
 compensation for his services ; and from time to time as the tax is 
 collected, he shall pay tlie amount over to the district treasurer, 
 and settle his duplicate with the board of directors on or before 
 the time fixed upon therefor, in the warrant of the president. 
 
25 
 
 Sect. 59. Whenever school tax assessed on unseated lands in 
 any district, shall not be voluntarily paid by the owner or owners 
 thereof, the district collector shall certify the same to the proper 
 county commissioners, who shall enforce the collection thereof with 
 the taxes assessed on unseated lands for countv purposes, and 
 when so collected, shall pay the same to said district treasurer by 
 orders drawn on the county treasurer. 
 
 Sect. 60. It shall be the duty of the secretary, within three 
 months from the day of delivery of the warrant and duplicate to 
 the collector, to file a certiticate signed by the president and at- 
 tested by the secretary, in the office of the prothonotary of the 
 court of common pleas of the proper county, stating the amount 
 due and unpaid, at the date thereof, by the said collector; and it 
 shal! be the daty of the prothonotary forthwith to enter the same 
 on his docket; which certificate shall, from such entry, have 
 the same operation and effect as a judgment of said court, and 
 executions may be issued thereon in like m=inner as on said judg- 
 ment for the amount remaining unpaid at any time after the entry 
 aforesaid. 
 
 XIII. Settlement of School Accounts. 
 
 Sect. 61. The accounts of the treasurer of each accepting dis- 
 trict, shall be annually settled and adjusted by the auditors, for 
 the time being, of the township compo^ing such district, but if the 
 district be coniposed of a borough or ward, by the proper auditing 
 officers ol such bor()u<;h or ward ; and when a township is embra- 
 ced in the same district with a borough, the accounts of the treas- 
 urer shall be audited and adjusted by the auditors of such townsiiip; 
 which settlement shall be made at the time and place ot auditing 
 the accounts of the proper township, borough or ward. 
 
 Sect. 62. In the settlement of school accounts, township audi- 
 tors, and auditing officers of boroughs and wards, shall possess and 
 exercise the same powers, anil perfo! m the same duties as arc given 
 to, and enjoined on them by the laws regulating the settling and 
 adjustment of their respective township, borough or wanl accounts; 
 except that they shall not officially examine into the proceedings 
 or conduct of the board of director?, but sliall confine their exam- 
 ination to the accounts of the district treasurer, as such, and 
 shall allow him credit for every order of the board legularly made 
 out, presented to him and paid by him, according to the provisions 
 of this act. 
 
 Sect. 63. The report of said auditors, setting forth the state of 
 said treasurer's accounts and the balance for or against Isim, alter 
 having been entered at large on the books of the proper township, 
 borough or ward, shall be signed and sealed by said auditors and 
 transmitted to the secretary of the district, by whom it shall be 
 entered at large on the minutes ; and if there be a balance against 
 the said treasurer, the board may, if necessary, at any time within 
 
26 
 
 three months from the day of settlement, cause (he secretary to 
 file the same in the office of the prothonotary of the court of com- 
 mon pleas of the proper county, by whom it shall be entered on 
 the docket in the same manner and with the same operation and 
 effect as a judgment, as is provided in the sixtieth section hereof 
 in the case of unpaid balances by collectors of school tax. 
 
 XIV. School Year. 
 
 Sect. 64. The Common School year shall hereafter be taken 
 and understood to terminate on the last day of August annually, 
 to wit : The present school year, which is the school year one thou- 
 sand eight hundred and thirtj-nine, shall end on the last day of 
 August in that year, to which it is hereby extended, and the school 
 year one thousand eight hundred and forty, shall commence on the 
 day following, and so for all other school years. 
 
 XV. Powers and Duties of the Superintendent. 
 
 Sect. 65. The Secretary of the Commonwealth shall be ex-of- 
 ficio, general superintendent of Common Schools of the State, 
 for which he shall receive five hundred dollars per annum out of 
 the State Treasury, and shall possess and exercise the following 
 powers and perform the following duties : 
 
 1. He shall decide, without appeal and v.'ithout cost to the par- 
 ties, all controversies or disputes that may arise or exist among 
 directors of any district, between directors of adjoining districts, 
 between primary or secondarv committee and directors, or between 
 collectors or treasurers and directors, concerning the duties of 
 their respective offices ; the facts of which controversies or dis- 
 putes shall be made known to him by written statements by the 
 parties thereto, acting in their official capacities, verified by oath 
 or affirmation if recjuired, and accompanied by certified copies of 
 all necessary minutes, contracts, orders or other documents. 
 
 2. He shall, whenever required, give advice, explanation, con- 
 struction, or information, to the officers of the system and to citi- 
 zens, relative to the Common School lavv ; the duties of Common 
 School officers; the rights and duties of parents, guardians, pupils 
 and all others — the management of the schools and all other ques- 
 tions and matters calculated to promote the cause of education. 
 
 3. He shall cause to be paid, bj orders signed by him and coun- 
 tersigned by the school clerk, in tavor of the treasurer thereof, to 
 each district, the amount of Srate appropriation to which it may be 
 lawfully entitled, as soon as. but not before, he shall have been 
 furnished with the certificate described in the fifty-fifth section 
 hereof. 
 
 4. He shall, prepare blank forms for the annual district reports, 
 with suitable instructions and forms for conducting the various 
 proceedings and details of the system, in a uniform and efficient 
 manner. 
 
27 
 
 5. He shall prepare and submit to the legislature, annually dur- 
 ing the first week in January, a report up to the last day ot tiie next 
 preceding August, containing a full account of the condition of the 
 Comnson Schools, the expenditure of the system during the year, 
 estimates of the sums requisite for the ensuing year, the whole 
 number of pupils, the cost of teaching each, the number of 
 accepting districts, plans for the improvement of the system, 
 and the school houses and all other matters relating to the system 
 and to the duties of his office, that he may deem useful or proper 
 to communicate. 
 
 6. He shall enter or cause to be entered in proper books, pro- 
 vided for the purpose in his office, all the decisions, letters, orders 
 on the State Treasury and other acts, as superintendent ; and to 
 assist in the performance ot his various duties, he is hereby autho- 
 rized to employ and retain a school clerk at a salary of one thou- 
 sand dollars per annum, and such additional assistance as may be 
 actually requisite. 
 
 7. He shall cause to be published at the scat of government on 
 the first Monday in every month, a periodical sheet of the 
 
 size and in the form, to be called the "Common School 
 
 Assistant," one copy of which shall be sent gratis and post-paid 
 monthly, to each president, secretary and treasurer of every ac- 
 cepting (li'strict in the commonwealth ; in and through which he 
 shall publish all his official decisions as superintendent, insert a 
 list ot all orders on the State Treasury for appropriation issued to 
 district treasurers during the preceding month ; reply, as far as 
 practicable, to all inquiries made to him ; and communicate all 
 forms of reports, with instructions and other official documents 
 required by the different districts; and the rest of the columns of 
 said monthly paper shall be filled wicli such matter connected with, 
 and calculated to throw light upon the subject of general educa- 
 tion, as ho may from time to time write or select. 
 
 8. And said " Common School Assistant," so conducted and 
 published, is hereby constituted, and shall be recognized as an 
 official paper, and all the decisions, documents and acts of the su- 
 perintendent therein printed and published with his name attached 
 to them, respectively, shall be taken and recognized in all judicial 
 proceedings, and at all times as his official decisions, documen 
 and acts, in the same manner as if they were actually signed vvi 
 his name and sealed with the seal of his office. 
 
 9. And all moneys reasonably and necessarily expended by him 
 in the performance of his aforesaid duties, shall, upon due proof 
 be allowed to him by the auditor general, and paid by the State 
 Treasurer out of any money therein not otherwise appropriated. 
 
 XVI. Confirming and Repkaling Sections. 
 
 Sect. 66. School directors and all other officers of the system 
 elected or appointed under the provisions of former acts, shall 
 
28 
 
 severally hold their offices for during the terms for which they 
 were elected or appointed ; all appropriations authorized by former 
 acts and resolutions, whether by the state , or counties, or corpora- 
 tions, shall be paid, and all taxes authorized for school purposes 
 shall be collected, as they would have been paid and collected if 
 this Act had not passed; and generally all contracts heretofore 
 made, and every thing heretofore done in pursuance of acts and 
 resolutions formerly passed, relative to the Common School system 
 and funds, shall be held valid according to the terms and nature 
 thereof, and consistently with the provisions of this act. 
 
 Sect 67. All general acts and resolutions so far as they relate 
 to Common Schools, passed and adopted since the passage of the 
 act of the first day of April, one thousand eight hundred and thirty 
 four, entitled "An act to establish a general system of education 
 by Common Schools," including said act, are hereby repealed with 
 the exceptions expressed in the sixty-sixth section of this actj ex- 
 cept also that the twenty-third section of the act of the thirteenth of 
 June, one thousand eight hundred and thirty-six, entitled '' An act 
 to consolidate and amend the several acts relative to a general 
 system of education by Common Schools," so far as said section 
 relates to the management and control of the free schools of the 
 city and county of Philadelphia, shall be and is hereby continued in 
 force. 
 
 Sect. 68. Immediately after the passage of this act, the super- 
 intendent shall take measures to have it published in the " Com- 
 mon School Assistant," the first number of vhich shall be issued 
 on the first Monday of the month, commencing next after the date 
 hereof, accompanied with such explanations and remarks as to him 
 shall seem proper. 
 
SIIiL No. II. 
 
 AN ACT 
 
 To promote the establishment of institutions for the preparation of 
 Common School teachers. 
 
 Whereas, the chief remaining defect of the Common School sys- 
 tem of this commonwealth is the want of well trained professional 
 teachers for the primary and secondary schools thereof, which, it 
 is believed, can best be supplied by the establishment, at the expense 
 of the State, of institutions for tlie thorough instruction of per- 
 sons desirous of devoting themselves to the useful employment of 
 teaching : And whereas, it is also believed that such institutions 
 can be so established and regulated as both to accomplish the de- 
 sirable end aforesaid, and to impart a free and thorough practical 
 or business education to a large number of youth very much to the 
 public benefit ; therefore, 
 
 Sect. 1. Be it enacted by the Senate and House of Representa- 
 tives of the Commonivealth of Pennsylvania in General Jissembly 
 met, and it is hereby enacted by the authority aforesaid. That 
 be and is hereby appointed Commissioner, on the 
 part of the Legislature for one year from the day of the passage 
 hereof, to investigate the facts and subjects connected with the 
 objects set forth in the preamble hereof, and by correspondence 
 with, and visiting similar institutions, by consulting persons con- 
 versant with subjects relating thereto, and by every other means 
 within his power, to collect full information and to make report to 
 the Legislature, at its next session, within the month of January, 
 which report shall embrace all the facts and opinions on tlie sub- 
 ject of this act which he may deem useful for the information of 
 ihe members of the Legislature. And all colleges, academies, 
 seminaries, persons engaged in the education of youth, and all 
 citizens of the State are requested and enjoined to aid and assist, 
 by all means in their power, said Commissioner in the perform- 
 ance of the duties assigned by this act, and so intimately con- 
 nected with the common good. 
 
 Sect. 2. Said Commissioner shall also state in his report the 
 number of practical institutes which he may deem necessary for 
 the whole State, and the number which, in his opinion, ought to 
 be fortliwith established, together with the cost of establishing 
 each, and the annual expense thereof afterwai'ds. He shall also 
 
30 
 
 ascertain and report the pkces where said practical institutes may 
 be established with greatest benefit to the people of the i?tate, and 
 with least expense to the State Treasury. 
 
 Sect. 3. Sdid Commissioner shall also accompany his report 
 with the draft of a bill or act of Assembly for the establishment, 
 government and iiiaintenatice of the practical institutes aforesaid, 
 and for carrying into full operation the intention of this bill, and 
 thereby completing the design of the Common School system of 
 Pennsylvania. 
 
EXPLANATORY REMARKS 
 
 ON BILL No. I. 
 
 I. Districts — New Distuicts. 
 
 Sect. 1, is taken from the first of tlie School law of June, 1836, 
 with a slight change in phraseology and none in sense. 
 
 Sect. 2, is new and intended to obviate Jrequent and embarras- 
 sing difficulties that have grown out of a delect of the existing law. 
 Uncertainty as to the time when a new district should be recog- 
 nized as such, gives rise to many appeals to the superintendent. 
 Convenience and reason seem to dictate that the separation should 
 only be completed at the end of the current year, wheti all exist- 
 ing arrangements and contracts will liave been terminated, and 
 when the new district, with a lull board, can commence operations 
 easily and efficiently. 
 
 Sect. 3, is new, and expressly provides a rule and mode for 
 dividing existing balances of School funds between old districts 
 and such new ones as may be formed out of them. The want of 
 such a provision has frequently been experienced heretofore. 
 
 n. AcceptAjVce oe Rejection. 
 
 Sect. 4, is taken from the 13th of the School law of 1836, to 
 the main feature of which it adheres, with an addition prescribiny 
 the mode of making the returns of and deciding contested elections 
 held under it. This was wholly omitted from all former acts, and 
 seems to be indispensible. 
 
 There is also another alteration proposed in the section. The 
 elections for accepting are directed to be held by the same persons 
 and in the same manner as that for directors. There was no 
 good reason why there should be any difference ; and, throughout 
 all the following sections of the bill, the principle of having all 
 School elections, which admit of it, held on tiie same day, at the 
 same place and in the same manner, with the township, borough 
 or ward elections of the district, is adhered to. Any other course 
 only renders the operations of the system complicated and diffi- 
 cult, and burthens the people with a greater number of public 
 meetings than are absolutely necessary. 
 
 Sect. 5, is similar in principle witli the provisions of the present 
 law on the subject, which are to be found partly in the thirteenth, 
 and partly in the sixteenth sections of the act of 1836. 
 
32 
 
 Sect. 6. The first provision of this section is taken from the 
 thirteenth section of the act of 1836. The following provisions, 
 except the last, are from the School law of 1834 (Sec. 6,) which, 
 according to a fair construction of the act of 1856, seems to be 
 unrepealed. The object intended to be accomplished by this re- 
 enactment, is one against which there cannot be the slightest 
 objection. It is only refunding to the districts, the tax they paid 
 under the old system for the education of the poor, but not applied 
 to that object, that under the new system it may be so applied ; 
 for under the new, the children of the poor are also taught at the 
 public expense. The last provision of this section is inferred from 
 the l6th section of the act of 1836, and is now the law by con- 
 struction, though not by express word. 
 
 Sect. 7, is taken from the latter half of the ISth section of the 
 School law of 1836, and the l£th section of that of 1838, except 
 that the time of election is changed to that of electing directors, 
 for reasons above given, and the mode of making the returns of 
 the election is prescribed. There is also a new provision, that 
 Common School funds on hand at the time of rejection, shall be 
 expended for Common School purposes. This seems reasonable, 
 and some provision on the subject is necessary, as the present law 
 is silent with respect to it. 
 
 Sect. 8, is also new and indispensible; directors undoubtedly 
 have the power to incur debts on the Credit of their district for 
 the necessary operations of the system, and they shttuld be express- 
 ly authorized to raise money to pay them, if it be discontinued. 
 
 Segt. 9, is also new and only regulates the ownership of Com- 
 mon School property, after rejection in such a way, that it shall 
 still be used for the benefit of education, and be ready for use, if 
 the system be re-accepted. The existing law is wholly silent on 
 this point. 
 
 III. Election, Appointmknt anu Expulsion of Directors. 
 
 Sect. 10, is from the first half of the second section of the act of 
 1836. The words "qualified citizens" are substituted for "per- 
 sons," because, in some districts, persons not qualified citizens 
 have been elected directors, to the dissatisfaction of the tax-payers, 
 who are opposed to the exercise of the important powers of School 
 directors, by any but qualified citizens. 
 
 Sect. 11, is also taken from the second section of the act of 1836, 
 with an additional provision, declaratory of the meaning of that 
 section, in the case of districts composed ot boroughs or wards 
 singly, or partly of boroughs or wards and partly of townships. In 
 the former case, the second section of the act of 1836, has always 
 been decided by the superintendent to mean, that if any election 
 be held in a borough district on the general township day of elec- 
 ting directors, the borough directors raust be chosen on that day ; 
 and in the case of compound districts, that directors must be 
 
33 
 
 chosen on the day of the township and not of the borough election. 
 The reasons for this construclion, were — 1st. That the time of 
 election over the whole State might be as uniform as possible; and 
 2d. l hat tlie question of tax and the amount of it, which under 
 the present law is to be determined on or before the first Monday 
 in May annually, should be settled with the consent of the neio 
 directors of the year, but which could not be done if they are 
 elected on the day of the borou^rh elections, most of which are on 
 or after the first Monday in May. For these reasons also, as 
 well as to remove doubt, the law is now proposed to be made 
 express on these points. 
 
 Sect. 12, is taken finm the second section of the act of 1836, 
 with a dift'erent mode of classifying directors, intended to relieve 
 the citizens voting from the trouble of stating on their tickets the 
 terin for which each candidate is voted for. 
 
 Sect. 13, differs from the existing provisions' of the law on the 
 subject, as found in the second section of the act of 1836. It is 
 there prescribed that six directors shall be chosen at the first 
 election in every new district. There seems to be no good reason 
 for this. On the contrary, it appears desirable that the directors 
 in office for the old district, but residing in the new, should con- 
 tinue to act, because it is fair to suppose, that they have acquired 
 some experience. At all events, they must be better informed of 
 the condition of the system and of existing contracts and arrange- 
 ments, than persons just coming into the board. For these rea- 
 sons, tliey are retained, and if more than three in number, the 
 power is given to fill the board by appointment till next election. 
 If less, the requisite number to complete the board are to be cho- 
 sen at a special election. 
 
 Sect. 14, is new and provides for returns of elections of direc- 
 tors, together with the mode of contesting and setting aside illegal 
 or informal elections. It also directs, that persons elected- shall 
 receive notice of their election and the board be informed thereof, 
 that the former may attend and the latter admit none but the 
 persons duly elected. These provisions seemed to be indis- 
 pensible. 
 
 Sect. 15, is from the third section of the act of 1836, except 
 that, when by the occurrence of vacancies, the board is reduced to 
 less than three, the vacancies shall not be filleil by appointment, 
 but by special election. 
 
 Sect. 16, is chiefly from the eleventh section of the School law 
 of 1838 and was much needed. A great number of cases under 
 the law of 1836 occurred, in which much difficulty and confusion 
 were caused by persons being elected, but refusing either to act or 
 resign. No power was previously expressly given bv the law to 
 deal with such persons as they deserved. It is now possessed, 
 under the act of 1838, and has produced the best effects. It 
 
 3 
 
should by ail means be contiuued with the slight modification now 
 proposed. 
 
 Sect, 17, is taken from the fifteenth of the School law of 1838, 
 and haa been found to work well in practice. 
 
 IV. Organization, Officers, Minutes and Meetings of 
 Board. 
 
 Sect. 18, is taken from the third of the School law of 1838, 
 except the provisions relative to swearing or afiirraing members, 
 which are new and very necessary. Many directors have hereto- 
 fore refused to serve at all or resign, or have refused to perform 
 particular parts of their duty, feeling free to do so, as they ac- 
 knowledged, because they were not sworn. 
 
 Sect. 19, is from the third section of the School law of 1838, 
 with the declaraiory provision that the Treasurer shall not be a 
 director, which seems proper, the directors being the persons who 
 appoint the Treasurer, approve his bond and cause all orders for 
 money to be issued on him. 
 
 Sect. 20, is chiefly declaratory of powers possessed, by reason- 
 able construction under the old law, which powers are necessary 
 to the proper performance of the functions of the board. The 
 provision that there shall be at least four stated meetings in each 
 year, is new and proper. In some instances, boards of accepting 
 districts have fallen into the improper and unlawful practice of 
 meeting very rarely and of permitting the powers of the whole to 
 be exercised by each member in his own vicinity. It is proper 
 also, that the board should meet at certain times and places known 
 to the whole district, that all who desire it may have an opportu- 
 nity ot meeting them v^hen in session. 
 
 Sect. 21 and 22 are new, and necessary to preserve regularity 
 in the proceedings of the board, and to give to them that authority 
 and effect which the framers of the system evidently intended they 
 ought to have. Heretofore, the directors exercised important 
 powers, and yet there was no provision giving the minutes of their 
 
 froceedings any official character or effect in a court of justice, 
 tia the object ef these sections, to supply the omission. 
 
 V. Powers and Duties of the Officers of the Board. 
 
 Sects. 23, 24 and 26, only recapitulate the powers and duties of 
 th& officers, already possessed, or given by the other sections of 
 this act, expressly or by necessary implication. They are brought 
 thus together that they may be seen at one view and that each 
 officer may clearly understand what he has to do, and that he may 
 avoid interference with the province of others. Under the present 
 law, it not unfrequcntly happens, that officers refuse to perform 
 duties clearly incumbent on them, and necessary to the good of 
 the system, because not expressly enjoined. 
 
35 
 
 The proposition now made to pay the secretary and treasurer a 
 reasonable compensation lor tlie performance of their onerous and 
 responsible duties, it is hoped, will be adopted. The want otsuc'i 
 a power in the board, has sometimes led to the employment of in- 
 competent or unsafe persons. 
 
 Sect. 25, is new and rendered necessary by the frequent in- 
 stances that have occurred of presidents and secretaries opposed 
 to the system, though in a minority in the board, absenting them- 
 selves or refusing to sign the certificate of tax, or to do some other 
 iiidispcnsibie act, for the avowed purpose of defeating the further 
 progr,es3 of the system in the district. It will also meet cases of 
 unavoidable absence, though in such cases the power is already 
 possessed by reasonable inference from the general powers of the 
 board. 
 
 Sect. 27, is also new and calculated to remedy a great mis- 
 chief in the system. It has in some instances happened that trea- 
 surers supposing that they could not he compelled to refund the 
 school money in their hands, till the end of the year, and then 
 only by suit on their official bonds, refused to pay the orders of 
 tiie board, and thus vexatiously detained from them the money of 
 teachers and others, A summary proceeding like the one describ- 
 ed in the section, seems therefore necessary, guarded at the same 
 time, in such a manner as to protect faithful treasurers against ma- 
 licious suits. 
 
 VI. General Powers and Duties of the IJoard. 
 
 -Sect. 28, consists of a description of the general powers and 
 duties of the whole board ofdirectors, in paragraphs. 
 
 The tirst division of the section, together v/ith paragraphs 2, 3, 
 5, 10, 11, 12, 14, 15, 16, 18, 19, 21 and 22, are taken from slie 
 third, fourth, eighth, and fourteenth sections of the school law of 
 1836, with some alterations and additions, which are either so 
 slight as not to require comment, or are explained elsewhere i« 
 these reiTiarks. 
 
 Paragraphs 4, 6, 7, 8, 9, 13, 17 and 20, though not to be found 
 expressly enacted in any of the school laws in forccj re- 
 late to powers and duties now exercised and performed under a 
 reasonable construction of the existing laws. These, together with 
 those embraced in the class just enumerated, are all deemed ne- 
 cessary and proper to be continued and do not require any farther 
 remark. 
 
 In the first paragraph, a change of some importance is introduced. 
 It proposes to exclude all persons under five and over seventeen. 
 ^ears of age, from the schools, Unless by the actual consent of 
 the boitrd, or of the proper primary or secondary committee, when 
 there is one. This provision has been frequently pressed un the 
 legislature by the Superintendent in his annual reports, where tlie 
 ireasoQS for it may be found at large. 
 
There can be no clanger in givrng the control of this matter to- 
 the local officers. The paragraph as it stands would in many cases, 
 bejond a doubt, be productive of good, and where the opposite 
 efiect is feared or exists, an exercise of the discretionary power 
 given would obviate it. In towns, generally, and in most country 
 schools during su-mraer, children under five years ought to be ad- 
 mitted, and could be, under the proposed provision. J3ut its opera- 
 tiun in excluding them from efluntry schools in winter, which are 
 frequently crowded with older pupils whose time is more precious 
 and whose opportunity for improvement is rapidly leaving them, 
 would be invaluaWe. In another respect it v^ould be useful'. Grownf 
 up young men often frequent the Conrimon Schools more tor pass- 
 time in winter than iinpritvement. Teachers are sometimes unabfe 
 to restrain them within the bounds of sound discipline, and have 
 not, or dare not, exercise the power of expulsion from the CoM- 
 ■mon School — " the school open to all." Now, if grown up per- 
 sons were only to gain admission, hy permission of the directors 
 or committee, the propriety of submitting to discipline couVd be 
 explained to them at the time, and a condition annexed to the per- 
 mission that it should cease when abused. 
 
 The twenty-third paragraph is entirely new, and will have a 
 happy etTect. It sometimes happens, no doubt honestly and in 
 good faiti), that directors become contractors to buitd houses, or do 
 other work, for the board, or act as teachers. But no matter hew 
 pure and honest the transaction may be, it gives rise to suspicions 
 and jealousies that are extremely injurious to the system. Common 
 School directors, to be useful, must carry with them th<; confidence 
 of the people, and to retain that confidence, must not even appear 
 to pursue their own intere>it at the expense of that of the district. 
 It is in tliis spirit that the provision is recommended. 
 
 The improprie<o.y of a director,, who is one of the board that ap- 
 proves of tke treasurer's bail, and who may possibly be called on 
 as director to decide the Question of bringiiig; suit on the treasurer's 
 bond, being himself that bail, is obvious. 
 
 VII. Primary Distmots, Comm,ittees and Schools. 
 
 Sect. 29, is taken chiefly from the eighth of the school law of 
 1836. The restrictions imposed on alterations of the limits of, «r 
 abolishing wholly the sub-division into primary ilistricts, are new 
 and loudly called for. Directors have frequentFy reversed or 
 changed the arrangements of their predecessors after school houses 
 were built, and other local arrangements or preparations made, 
 against the wishes of those immediately concerned,, and often very 
 much to their inconvenience,.and to the injury of the system. Tlie 
 limitations now proposed, afford all the latitude requisite for the 
 accommodation of the citizens concerned, while they take away 
 all opportuiuty for oppression or capricious change. 
 
 In this section, and throughout the whole bill, the term " swfi/*' 
 
Vins been abandoned, and that of '■^primary'''' adopted, wlvether pre- 
 fixed to district, comiiiiltee, or school. The word ^^suh^' dues imt 
 s^eeni to be very applicable in either connexioR, but the word "pri- 
 mary" aptly expresses the idea intended to be conveyed. The 
 primary school is the^rAif school into which the child is to b? ad- 
 mitted — he then passes to the sfcondart/ or second, and thence into 
 a higher. So of districts. And the committee of a primary dis- 
 trict is properly the primary committee. But the phrase sub schnol, 
 s?<6 cojnmittee or sub district, presents to the mind the idea of a 
 degree of subjection and ot a S(>ecies of inferiority that do Tsot leal- 
 ly exist. 
 
 Sect. 30, is from the eighth of the schoo{ law of 1S36, with 
 S'Uch additional provisioRS as are absolutely necessary to maki^. it 
 easy and certain in operation. 
 
 Skct. 31, only supplies an obvious omission in the prcs-'nt l;iw. 
 Withoutil, a failure toelect the primary committee, destroys the 
 existence of the primary district, 
 
 SsiCT. 32, is chiefly troin the eighth of the sch.ool law of 18''6, 
 and the fourteenth of that of 1838, with the addition of suili 
 other [(owers as are either already possessed and exercised by in- 
 ference from the general provisions o! those acts, or as are r.ece>sary 
 to render the agency of the comtnittecs useful and efficient. By 
 increasing the powers of primary committees, who are in most 
 cases d.rectly interested as parents in the welfare of the pupils 
 committed to their charge, the powerful private feeling of lov(> of 
 offspring is made to aid in the performance of the public duty. 
 
 VIII. Adjoining DxsTuicr — GsriMAN, Endowfd and Coxgiie' 
 GATioNAL Schools. 
 
 Sr.cTS. 33 and 34, otdy express more fully, and carry out into 
 detail, the pruvisnms of the sixth paragraph of the eighth section 
 of the School law of 1836, which have been found extremely besie- 
 ficial in practice. 
 
 Sect. 35, is new, and intended to prevent enibarrassmi'tit by 
 eith r of the districts, party to the arrangement, putting an en<l to 
 at without suflicient notice to enable the other to provide otherwise 
 for the acc<nnmodation of the pupils concerned. 'I'his unfair prac- 
 tice has been indulged in. 
 
 Sect. 3tj> is new in letter though it has been enforced in prac- 
 tici", and is altogether just ii principle. 
 
 Sects 37 and 38, are substantially and almost literally the snuie 
 as the 17th section of the school law of 1836, and the 13th (if that 
 of 1838, which have both been found beneficial in practice. 
 
38 
 
 iX. SlLOONDARY DISTRICTS, COMMITTEES AND ScHOOLS. 
 
 Sects, 39, 40, 41, are entirely new and unhesitatingly recom- 
 mended. 
 
 To bring the means of education within the reach of every child 
 of the comraonweaUh, is the whole object of the Common School 
 Systenio But to suppose that the province of the system is con- 
 fined to the mere rudiments of reading, v/riting and arithmetic, is to 
 take a very narrow view of it. These fundamental branches are, 
 it is admitted, necessarily to be first bestowed, but the instant a 
 full provision is made for their general inculcation, it becomes the 
 &ii\y of the guardians of the system to extend its scope, and in- 
 crease its means of doing good, so as to keep pace with the higher 
 deniiinds of the public mind. 
 
 It is the deliberate opinron of the Superintendent, that the aid' 
 given by existing laws to the primary grade of Common Schools 
 is sufficient, and when accepted over the whole State, will place free 
 and s-jimd rudimental learning within the reach of all. it therefore 
 seems to be the duty of the Legislature to encourage the estab- 
 lishment of schools for instruction in the higher branches. This 
 is the object of the sections under consideration. Such of their 
 provisiojis as relate to the mode of establishment, support, and 
 contro! of the schools, are consistent with the general character 
 and details of the system as at present established. No additional 
 offices are created, nor is there much additional machinery intro- 
 duced into the system. 
 
 The chief new feature, is the sum proposed to be given to the 
 secondary school by the Commonwealth. It is hoped however thaty 
 on due reflection, this will be sanctioned. 
 
 There are about one thousand, districts in the commonweidth 
 which are, or ^vill probably be divided into about six thousand 
 priii'ary districts. If the whole State were arranged into seconda- 
 ry districts, each containing three primary districts, there would 
 be livo Iho'Ufiand of the latter, which, at fifty dollars to each, would 
 make the annual amount of secondary school appropriation amount 
 to !;ne hundred thousand dollars. 
 
 }5ut it will be several years before even o?ie half of the com- 
 monwealth will have secondary schools in operation, if the propo- 
 sed ^ectiona be sanctioned. During the first year in all probability 
 there will not be more than two hundred reported, requiring ^10,- 
 000 from the Treasury; and if two hundred be added to the num- 
 ber every succeeding year, till the wdiole State is covered, it will 
 be a more rapid extension of their benefits than is now anticipated. 
 In this point of view, the immediate cost to the state will be slight 
 ■ — ^the increase of it so gradual as not to out run her immense and 
 growing resources — and the object accomplished invaluable. 
 
 It may perhaps be objected that two thousand secondary schools 
 will form a very partial and inadequate provision for the whole 
 State. There is no foundation for the fear. Primary districts are, 
 
on an average, about three miles square each. Now if the secon- 
 dary be composed of three primary districts, and the school house 
 be placed about the centre, few of the secondary scholars will have 
 to go more than three miles to school, and the great majority will 
 be within two miles; and, when it is borne in mind that they will not 
 consist of infants, but of youth generally over twelve years of age, 
 the distance will not appeiAr too great, and the number of the 
 schools will consequently be sufficient. 
 
 These schools can be made to aid materially in the preparation 
 of primary school teachers. Indigent young men niay attend 
 them and at the same time pursue their ptuper avocations, without 
 being compelled to leave home. They can thus acquire such an 
 eductttion as to fit them, with a few months additional instruction 
 in a higher institution, to be useful teachers, and in this way remu- 
 nerate the State ten-fold for her liberality. 
 
 Reasons in favor of the slight aid proposed to these schools 
 might easily be midtiplied, but they are supposed unnecessary. If 
 it be true, as stated, that the present aid to primary schools is suf- 
 ficient, and if it be also true (uf which there can be no doubt,) that 
 the growing means of the State will yearly aftbrd a larger sum to 
 the mental cultivation of her citizens than is at present given, then 
 no more proper nor useful application of it can be pointed out. 
 The sum proposed to be given to each school is small, but it will 
 be an encouragement — a bounty — to induce Directors to turn their 
 attention to the subject. This is all that is now required, and if 
 the small boon be bestowed, the rich fruits will soon show the 
 wisdoai of the measure. 
 
 X. Branches of Study. 
 
 Sects. 43 and 44, are new, and it is presumed, proper. If the 
 estal>lishment of secondary schools be sanctioned, it will be una- 
 voidably necessary to confine the primary within their proper 
 sphere, by designating the branches to be taught in them, and to 
 prevent the secondary from being crowded with pupils not sufR- 
 ciently prepared to enter them, whose presence will only in- 
 jure others without much benelit« to themselves. Preventing the 
 higher branches from being tiiuglir in the primary schools in all 
 districts, including those in whicii there are no secondary schools, 
 will also aid materially in promoting the establishment of the 
 latter. 
 
 Under any circumstances, however, it seems proper for the Le- 
 gislature to designate the studies m Common Schools. There is 
 no provision for this purpose in the existing law, and the con- 
 sequence is extremely injurious. Some directors decide that the 
 only branches to be taught are reading, writing and arithmetic, 
 and thus deprive the pupils nf much of the legitimate ad- 
 vaniages of the schools. While others wander tu the opposite 
 extreme, and enbrace all studies and branches, thus squander- 
 ing the means of the system, and weakening it in its most ma- 
 
40 
 
 terial and useful agency, which bejond doubt is instruction in the 
 rudimental branches. To find the proper medium and to bind all 
 to its observance, must be the work of the Legislature. 
 
 The reasons for tlie selection of the particular branches and 
 studies embraced in the present bill, will be found in the last 
 annual report of the Superintendent to the Legislature, 
 
 XI. State Appropkiation and Taxaeles. 
 
 Sects. 45, 46 and 48, embody the scattered provisions of the 
 eleventh, twelfth, and part of the twenty-third, of the school law of 
 1836, the first and third of that of 1838, and tiie joint resolution re- 
 lative to undrawn balances of State appropriation adopted in 1858, 
 They have been carefully framed so as to embrace, in a methodical 
 shape, the whole law as it now exis's. A few additions, merely to 
 complete the details, and conform this division of the bill to the 
 changes recommended in the other parts of it, have been made, 
 and will, on perusal, explain themselves. No change whatever 
 is proposed as to the amount of State appropriation, except to se- 
 condary school?., as before explained. 
 
 Secis. 47 and 49, are new, and relate to changes explained in 
 other parts o[ these remarks. 
 
 XII. Levy, Assessment, Certificate and Collection of 
 
 Tax. 
 
 Sects. 50, 51, 52, 53, 54, 55, 56, 57. 58, 59 and 60, contain all 
 the present law on the subject of school tax, which may be found 
 in the fourth, fifih, sixth, seventh and twelfth sections ot the school 
 law of 1836, and in the sixth, seventh, eighth, ninth and tenth of 
 that of 1838, with some changes that require explanation. JNone 
 of the sections are entirely new. 
 
 The first alteraticm suggested (in section 50) is that of reducing 
 the proportion of tax which may be levied by directors, without 
 consent of the people, from trebfe to double i\w amount of the dis- 
 trict's share of State appropriation for the year. The present 
 large amount of State aid, enables this to be done, and perhaps a 
 still further reduction, say to an amount equal to the Slate appro- 
 priation, tnight be made with safety, as has been recently recom- 
 mended by the Executive. But it should be borne in mind that 
 the system is yet in its infancy, and in many districts requires 
 large expenditure, for school houses and aparatus; and that here 
 is little danger in confiding the power of taxation to a body, one- 
 third of whom are elected evtry year, and the members of which 
 are themselves tax-payers, and accountable to public opinion. The 
 power, to the extetit now proposed, can never work oppression, 
 and, while used v>ith prudence, may often promote the best inter- 
 ests of the district. Whereas, the restriction to an amount only 
 equal to State appropriation, might often either cramp the opera- 
 tions of the board, or compel the calling of a public meeting to 
 
41 
 
 aulhori/.e a larger amount of tax, the propriety of wiiicli would 
 probably be ilenied by none. For these reasons, the larger pro- 
 portion has been preferred and retained. 
 
 There is an alteration proposed in the fifty-third section. It i$, 
 that. the minimum amount of school tax to be imposed on offices 
 and posts of pr(»fit, trades, occupations and single freemen over 
 the age ol' twenty-one. who do not fullow any calling, shall be fifty 
 cents. This is deemed to be reasoiiable and cannot opi)res-s any 
 one. Oflices and occupations are, more than any other, the proper 
 objects of taxati(!n lor the support and spread of leariung. 'I'he 
 exercise of many of them is entirely dependent on, and that ot all 
 facilitated by the possession of a good education. This was the 
 view taken by the Iramers of the existing law, school tax being 
 now first levied on thchC objects, and the balance only of the sum 
 required, on property. Tins balance is generally the larg.'st por- 
 tion of the whole amount, it is true, and will so continue, but it is 
 just and proper that those callings, whose value is so much increas- 
 ed by learning, and will hereafter be chiefly dependent (mi the 
 Common School fur that advantage, should contribute a fair pro- 
 poi tion of the expense (d' the system. A provision is also embra- 
 ced in the section, calculated to meet the case o( persons wl^o do 
 not follow f. fiy known calling, but whose means will enable them 
 to bear a part of the com:non burthen. 
 
 In the latter part of the fifty-fourth section, it is directed, that 
 no appeal from assessnu-nt by directors shall take place. This is 
 only declaratory of the present law, and is inserted to prevent an 
 error, into vvhich some have fallen, by supposing that in the case 
 of school assessment*, there slusuld be the same opportunity of 
 appeal as in the case of assessment of county t;;x. But such per- 
 sons do not advert to the fact, that directors' assessments are made 
 on thii valuation {){ property, &c. already "adjusted;" in other 
 words, correcledby appeal before the County Commissioners, This 
 being the case, there is no necessity for another adjustment of val- 
 uation or second ap|)eal. 
 
 There are some additions to (he certificate of tax proposed in 
 section fifty-five. One is, that it shall state whether the bounds of 
 the district have been changed since the last certificate. This is 
 necessary to prevent a greater amount of appropriation (rom being 
 paid to any district than it is entitled to; for, after division into 
 more than v.m district, the old district will, as a matter of course, 
 draw less money from the State than it did before. Another is, 
 that the name of the district treasurer shall be signed by himself 
 to tlie certificate, that when the order or warrant is returned U> th.e 
 State Treasury, purporting to be erdor&ed by hioi lor payment, 
 there may be an oppoitunity, when necessary, of ascertaining the 
 genuineness of the signature, by comparison. The post offi^-cs of 
 all tiie officers are required, that the superintendent may know 
 how to address any communications he may have occasion to send. 
 
. 42 
 
 And a statement is required from the proper auditors of the dis- 
 trict, that the treasurer's accounts of the preceding year have 
 been settled. This is exacted for the purpose of introducing strict 
 and regular accountability into every branch of the system, and to 
 prevent payment bj the Commonwealth, until it is known that the 
 former year's appropriation was properly applied and accounted 
 for. These provisions are all new. 
 
 _ The times of holding additional tax election, of furnishing the 
 directors with a copy of the adjusted valuation of taxable pro- 
 perty, of assessing the tax, of issuing tha^ warrant for collection, 
 and of transmitting the certificate of tax to the superintendent, 
 are also changed, in order to suit the alteration of the commence- 
 ment of the school year, proposed in another section, and hereafter 
 explained. 
 
 XIII. Settlement of School Accounts. 
 
 Sects. 61 and 62, are amplified from a short passage in the ninth 
 of the School law of 1836, but do not change its principle, except 
 in the provision v/hich confines the acti(;n of the auditors to the 
 proper accounts of the District Treasurer. The condition of this 
 officer, under the existing law, is sufllcicntly hard. He is in many 
 cases, chosen without his own consent; in all, works without pay; 
 and is obliged to give bond with surety for the faifliful discharge of 
 his duty. But when, as in some districts, is added to all this, a 
 refusal by the auditors to allow him credit for orders of the Board 
 paid by him, but asserted by them to have been issued without 
 authority or necessity, his situation is truly unenviable. He is 
 either compelled to put up with the loss, or to incur the risk, vex- 
 ation and expense of an appeal from the decision. It is to correct 
 this mischief, that the provision under consideration is introduced. 
 
 It is possible that directors do sometimes squander or misapply 
 the district funds. Their punishments must however be left to a 
 Court of Justice under the common laws of the land, and to the 
 slow, though certain correctioa of public opinion. If they, chosen 
 as they are by the confidence of their fellow citizens, to adminis- 
 ter an honorable and most im.portant public trust, cannot be them- 
 selves trusted without an express and threatening array of pains and 
 penalties, their honesty, compelled by such means, will be of 
 little worth. At all events, to make the Treasurer the sufferer for 
 their mistakes or ill-conduct, by compelling him, on the one side 
 to pay all their orders, and on the other to run the risk of having 
 some of them disallowed by the Auditors, should not be permitted. 
 
 Sect. 6.3, is new, and merely confers on the Board the power 
 of converting into a judgment the balance fairly ascertained to be 
 in the hands of the Treasurer, if they think that measure neces- 
 sary for the safety of the district funds. 
 
43 
 
 XIV. School year. 
 
 Sect. 64, changes the comineiicemeiit of the sclioo! year from 
 the fiist Monday in June, as fixed by the twenty-first of the. school 
 law of 1836, to the tirfet day of September. It will also be per- 
 ceived, ti)at the whole scope of the bill contemplates the day 
 now nained as the starting poinJ. This is desirable on many ac- 
 counts. The first of June is not a suitable time. September is 
 the most so. It will then be soon enough for the districts to re- 
 ceive their State money, to meet the expenses of fall and winter 
 teaching. It will be the proper period to close the annual report. 
 The schools are generally opened for the season in this month, 
 after the harvest work is done, and the reports tlsen made v.'ill con- 
 tain the transactions of the v.'hole iweccefiing year. The Superin- 
 tendent will then be enabled to make the report to the Legislature 
 during the first week of the session. Under the existing law, 
 which requires the reports to embrace the operations of the dis- 
 tricts up to the first of January, it is impossible to complete it 
 before the middle of February. This prevents it from being printed 
 and in the hands of members for examination and distribution, till 
 thej are about adjourning. On account of these and other reasons 
 which might, if necessary, be named, the change has been intro- 
 duced. 
 
 XV. Powers akd duties of the Superintendent. 
 
 Sect. G5, is all taken from existing laws, with slight variationvS, 
 and the necessary declaratory additions, except in two particulars. 
 The present law on the subject, is contained in the tenth section 
 of the act ot 1856, the joint resolution of April 5, 1837, relative 
 to the school house fund, and the nineteenth section of the school 
 law of 1838. 
 
 The first exception is in the first paragraph, and extends the 
 Superintendent's power of decision over disputes arising between 
 all Common School oilicers. Heretofore it only embraced ontro- 
 versies among Directors, but the latitudenow expressly given was 
 in all cases conceded, and has been exercised as necessary to the 
 prosperity of the system. It is better, however, tliat it should be 
 conferred by the words of the law. It is also provided, that there 
 shall be no api>eal from tlie decision of the Superintendent. This is 
 presumed to be only in accordance v^'ilh the meaning of the present 
 law, and if so, should be explicitly enacted. 
 
 The other exception is contained in the 7th and 8th paragraphs, 
 which relate to the periodical sheet directed to be published by the 
 Superintendent. The want of this desirable addition to the machine- 
 ry of the system, has been long felt. The proposition would have 
 been submitted to the Legislature, in the annual report of the last 
 year, had it not been for the then excited state of political feeling. 
 The Superintendent did not wish to incur upon himself, and through 
 him, upon the system, 'the suspicion which he knew the recklessness 
 
of party spirit would soon arouse, that the paper might be made the 
 instrument of party purposes. No such risk now exists, and the re- 
 commendation being made at the present juncture, shows that he 
 confidently believes that the paper will never be thus debased. 
 
 The advantages of the measure are so obvious, as scarcely to 
 need a statement. However, among them, and for the information 
 of such as are not acquainted with the minute detail of the Su- 
 perintendent's duty, may be named the following : 
 
 It will introduce perfect uniformity into the various operations 
 of the systeiTi, in every department and in every distiict:. Every 
 decision made, instruction given, or advice offered by the Superin- 
 tendent, will beknowji and have its effect in «;//the districts, instead 
 of one merely, as under the esistin^ practice of transinitting it 
 to only one district, by letter. Each can thus be applied all over 
 the Siate. In addition to this, the Superintendent will be more 
 careful io his decisions and other official acts, when he knows they 
 are all to be published, and to have general effect. When he now 
 mrkes a decision, only intended to be known in one district, it is 
 almost impossible for hiirv entirely to escape being influenced by 
 the local circumstances of the case. This tendency will be wholly 
 corrected by the knowledge, that the opinion, in each particular 
 case, is to be promulgated as (he general law of the system, in all 
 cases involving like principles. 
 
 It will save Directors, and other local officers, much of their 
 present labor and perplexity, and diminish the labor of the Superin- 
 tendent. Several cases almost daily reach him, precisely similar 
 to each other in principle. One decision would settle them all, if 
 published in the manner proposed, and v>ould probably prevent all 
 applications of the same kind, from other districts. 
 
 It will enable the Superintendent to lay before the whole number 
 of districts, any information, however slightly important, wiiich 
 he may at any time think proper to communicate. At piesent, 
 this can only be done by means of circular letters, which arc so 
 uncertain, troublcsDme and expensive, as to be ordy resorted to on 
 very pressing occasions. 
 
 It will enable him to bring the experience and knowledge of other 
 Stat'js, and parts of the world, to the aid of the System of this 
 State, ami will thus render our system more perfect. 
 
 It will enable him to present to the officers of the svstcn!, and 
 to teacl'.ers and parents, much interestingand valuable information 
 on subjects connected with public Instruction, science and Litera- 
 ture. 
 
 It will decrease the postage account of the system to one f(!urth 
 vi' its present amount. It is now about $1,500 annunlK. The 
 only letters which will be sent, if the measure be adopted, from the 
 Superintendent's office, will be those containing the orders for State 
 appropriations, which include scarcely a tenth of the whole postage 
 on those now sent. The number received will also be largely re- 
 
* 45 
 
 duceJ, because <lie general publication of each decision, advice 
 and instrucliun, will meet all siinilar cases, without further appll- 
 cation to the superintendent. 
 
 It will reduce to almost nothing, the annual expense of miscel- 
 laneous printing. No circular letters will be required — no separate 
 forms for reports, nor instructions, for these can all be insert- 
 ed in the "Assistant," and copied thence ft)r use, by %\\n several 
 Secretaries. The bill tor conunon school printin-^, now averages 
 about $500 annually. 
 
 It will also save the State a large sum annual! v, in the item of 
 printing the annual report of the Superintendent, for distributio« 
 by the Legislature, say five thousand dollars. That document can 
 now be annually inserted in the "Assistant," and, being thus widely 
 circulated, no extra number will be required by either House. 
 
 These last considerations,, completely remove the only plausible 
 ebji-ction — that of expense. The saving to the State will be fully 
 87,000 a year, little move than one-third of whicli sum will defray 
 the whule cost. But so strongly convinced is the Superintendent 
 of the propriety of the measure, that he would unhesitstingly re- 
 commend it, even if the increased annual expense were five thou- 
 sand dollars. 
 
 If authorized to be published, the selection of the printer of 
 the "Assistant," ought to be entrusted to the Superinteniient, The 
 intimate relation, and frequent intercourse which must necessarily 
 subsist between them, would render it exceedingly unpleasant for 
 the Supeiintendent to be forced into connexion with a person not 
 perfectly stgieeable to him. The due performance of the duty, also 
 makes it proper that he should have the full and perfect control of 
 the paper. 
 
 It will be perceived that the section under consideration, does not 
 contemplate a separation of the offices of Secretary of the Com- 
 monwealth and Superintendent. The peculiar position of the pre- 
 sent Superintendent, forbarle him to depart, in the bill, from the 
 existing arrangement. He leels compelled, however, to give it as 
 his clear and deliberate opinion, that the public good, and the con- 
 venience and utility of both offices, will be promoted by the sepa- 
 ration. The Secretary of the Coimnonwealrh may, by unremitted 
 application and industry, perform the duties of both stations, rn 
 such a manner as to avoid neglecting any of the ordinary demands 
 of either. But not to neglect any of his ordinary duties is far short 
 of what the system requires, and the public ought to receive from 
 the Superintendent. He ought to have time, also, to read, to think, 
 to converse, to correspond, and to travel, for the purpose of fully 
 preparing himself to discharge the high and important functions of 
 his station. He should not be compelled, as is now the case, to 
 endeavor to reply to the greatest possible number of letteis, in a 
 given time, or to delegate the duties of one office, in order to make 
 time to discharge those of the other. His whole time and his whole 
 
ruiud siioultl be devoted to the momentous trust committed to him. 
 Above ali, he should not be made party to the exciting questions 
 of a political character, which so often and so unavoidably claim 
 the attention of the Secretary of the Commonwealth. 
 
 XVI. Confirming and Repealing Sections. 
 
 Sects. 66 and 67, are taken from the fifteenth and eighteenth 
 sections of the School lavv of 1836, and from the usual concluding 
 sections of similar acts. Thej are intended to confirm whatever 
 has been done under preceding Common School laws, but at the 
 same time, by repealing them ali so far as they relate to Common 
 Schools, hereafter to have the whole law on the subject in one act. 
 This will add much to the convenience of directors and others. 
 The repealing section is so worded as not to interfere with the 
 existing appropriations to Academies, Female Seminaries r.nd Col- 
 leges, whicli are given by the School law of 1838. And the con- 
 firming section prevents the appropriation by the Bank of the 
 United States, and the tax on dividends payable by other corpora- 
 tions fcr the use of the system, from being aiTecte<i. The right of 
 the city and county of Philadelphia, to receive their due portion 
 of State appropriation a-^ heretofore, also remain unimpaired. 
 
 Sect. 68, will explain itself. 
 
 The bill thus explained, it is believed, embraces in its different 
 sections all the existing provisions of the several acts on the 
 subject of education, so far as they relate to Common Schools. 
 The remarks expressly refer to all those sections, except the twen- 
 tieth of that of 1836, and the sixteenth, seventeenth, twentieth and 
 twenty-tirst of that of 1838, which, having been merely temporary 
 m their nature, are now obsolete. The nineteenth of the act of 
 1836, relative to the schools in the city of Lancaster, is also now 
 obsolete, that city having, under the special legislation of last ses- 
 sion, adopted the Common School System. 
 
 The act of £d April, 1831, entitled "An act providing for the 
 establishment of a General System of Education," which created 
 the Common School fund of the State, is not affected by the provi- 
 sions of this bill. 
 
47 
 
 REMARKS ON 
 mijSj No, II. 
 
 ■ It is not deemetl requisite nor proper to extend these pao-es by 
 remarks either in favor or explanation of tlie object of this bill. 
 The task was attempted to be performed in the annual report of 
 the superintendent, to the hf^islaturo at its last session. To the 
 second and third divisions of that document, the members are re- 
 spectfully referred for his views at length on the subject. Neith2r 
 the experience nor reflection of the past year have presented any 
 reason for changing the opinions then expressed. On the contra- 
 ry, they are contirmed, and if there by any opinion in which he is 
 free from all doubt, it is: that the system must prepare its own 
 teachers in its oion teacher'' s seminaries at the public expense. This 
 opinion is attempted at some length to be enforced in the report 
 alluded to 
 
 Respectfully submitted by 
 
 TflO. H. BURROWES, 
 
 Superintendent of Covimon Schools. 
 Secretary's Office, } 
 Harrisburg, Jan. 14, 1839.5 
 
48 
 
 isulatioiis for Common School Districts. 
 
 P\RT FIRST. 
 
 General District Regulations. 
 
 I. DiKECToRS AND THEIR MEETINGS. 
 
 1. The Board of Directors will meet regularly on the last Salur- 
 daj in March, June, September and December, at the house of 
 
 at 10 o'clock. A. ?A., for the transaction of business, of 
 which teachers, parents and all others having business with the 
 Board, wiii take notice. 
 
 2. When other meetings are necessary they shall be held by call 
 of the President, (of which each member shall receive one week's 
 written notice from the Secretary,) or by adjournment from a pre- 
 vious meeting, at such time and place as the notice or adjournment 
 shall specify. 
 
 3. At the regular tneeting in March, annually, the President, Se- 
 cretary, Treasurer and Collector for the ensuing year will be chosen; 
 the two former of whom shall, and the two latter shall not, be mem- 
 bers of the Board. 
 
 4. Not less than/oi»" members shall constitute a quorum fur the 
 transaction of business, and if the President or Secretary, or both, 
 be absent, a President or Secretary pro tempore shall be chosen by 
 the members present. 
 
 5. The whole proceedings of each meeting shall be entered on 
 the minutes before the adjournment thereof, and shall be read aloud 
 by the Secretary and signed by the acting President and Secre- 
 tary. 
 
 6. No motion can be adopted unless by the votes of three mem- 
 bers when only four or five are present, or by the votes of four 
 members in a full board of six. But if less than/oi<r members are 
 present, no business can be legally transacted, except that of ad- 
 journment till some other day. 
 
 7. The District Treasurer shall attend, if possible, at the four 
 regular meetings of the Board, in order to make known the state 
 of the funds, to be informed of the probable drafts on him previous 
 to the next meeting, and to ascertain the proportion of funds set 
 apart for each school or primary district. 
 
49 
 
 II. Tax, Tax meetings, &c. 
 
 1. Tlie amoi^nt o[ ordinary tax for the year shall be fixed at the 
 regular meeting next before the tirst Monday in May, annually, 
 and the yeas and nays shall he called on all questions of tax, aiid 
 shall be entered on the minutes. 
 
 2. When the question of additional tax is to be submitted to the 
 people, the Board shall agree upon some certain sum, exclusive ot 
 the amount which may be by law levied by the Directors them- 
 selves, which shall be granted or refused by the people in this 
 manner: — Each voter in favor of ihe additional tax shall write the 
 sum required by the Directors on the inside ot his ticket, and the 
 word ''tax" on the outside; and each person opposed to the addi- 
 tional tax, shall insert the words "no additional tax" on the inside 
 of his ticket, and the word "tax" on the outside, and the majority 
 shall rule as in other cases. 
 
 3. At the election to decide the question of additional tax, the 
 President or in his absence, some other member of the Board, shall 
 act as Inspector, two qualified voters chosen by the citizens present 
 shall be Judges, and the Secretary, or in his absence some other 
 member of the Board, shall act as Clerk. 
 
 4. The assessment of the tax, both ordinary and additional, shall 
 be completed, and the duplicate and warrant for collection shall be 
 placed in the hands of the District Collector on or before the first 
 day of June, annually. 
 
 5. The Collector shall not be required to collect the school tax 
 sooner than the money may be actually needed, for the expenses 
 of the district, so that the citizens may not be unduly pressed in 
 the payment. 
 
 6. In order to afford the tax payers the longest possible time 
 for payment, the whole amount of State appropriation for the year, 
 and all balances remaining from former years, shall be applied to 
 the expenses of the district, before the proceeds of tax is applied. 
 
 iii. esiablishmen't and discontinuance of schools, 
 Location and use of School houses, &o. 
 
 1. A new school shsiW be established, whenever it is proved to 
 the Board, that not less than forty [or thirty or tw^enty, as the case 
 may be,] children are without reasonable and convenient opportu- 
 nity of instruction, and when the establishment of such school will 
 not reduce the duration of teaching, in the other established schools, 
 to less than six months in the year. 
 
 2. Whenever it is proposed to establish a new school, the citi- 
 zens within its bounds, shall be invited to build and furnish the 
 house by private contribution, or at least to contribute partly there- 
 to, with the understanding, that if they do not, the cost of the 
 house, or the balance of it, shall be deducted from the rateable 
 portion of the district funds, coming to their school or primary 
 
 4 
 
50 * 
 
 district, before actual commdii school instruction can be commen- 
 ced. 
 
 3. The establishment of a certain number of schools in a district 
 shall not be taken to amount to a division of it into sub- or primary 
 districts. Sub-division can only take place by express resolution 
 oF the Board to that effect, entered on the minutes, and setting 
 forth the bounds of each primary district as such. 
 
 4. To prevent disputes about the locating of school houses, the 
 following mode will in ail cases be adopted : The Board will ap- 
 point four citizens, resident within the bounds of the school, or of 
 the primary d'^trictin question, but at the opposite and most distant 
 extremes thereof, who, with a member of the Board appointed for 
 that purpose by the Board, but not resident within the bounds or 
 primary district, shall determine the place at which the house shall 
 be built ; and their decision shall be reported to the Board, entered 
 on the minutes, and sha!! be final. 
 
 5. If the number of regular attending pupils in any full primary 
 district or school, shall at any time be reduced to fifteen, the 
 same shall be reported by the teacher or any tax payer, to the com- 
 mittee, or, if there be no committee, to the nearest Director, who 
 shall put up six written notices, at least two weeks before the end 
 of the current quarter, at public places, within the proper bounds, 
 that the school will be closed at the end of the quarter, unless the 
 number of attendent pupils be permanently increased to twenty- 
 five for thirty or thirty- five, as the case may be,] before the end of 
 the quarter, which shall be specified. And if such increase do not 
 take place, the school shall be discontinued altogether, or for the 
 season, as the Board may determine. 
 
 6. Tlie school houses of the district shall not be used for public 
 meetings, singing schools, religious worship, ^c, Vv'ithoutthe con- 
 sent ol a majority of the proper committee, or of the Board of Di- 
 rectors if there be no committee. 
 
 IV. Distribution or School Fund. 
 
 1. All the funds of the district, whether derived from State ap- 
 propriations, district tax, or other sources, shall be subject to one 
 and the same rule of distribution. 
 
 2. Each school or primary district, having not less than thirty, 
 [or twenty-five or twenty, as the case may be,] and not more than 
 ■fifty pupils attending or desirous of attending school, shall be coun- 
 ted one full school ; each having less than the foregoing minimum 
 number, shall be accounted a hcc/f or three-fourths of a school, in 
 proportion to its deficiency ', and each having more th.an the max- 
 imum number, shall be accounted one and a fourth, one and a 
 half, one and three fourths, or a double school, in proportion to its 
 excess of pupils. The schools [or primary districts,] being thus 
 proportioned, and the numbers and fractions of all being added 
 together, the whole number thus produced, shall form the divisor. 
 
51 
 
 the whole amount of funds to be distributed the dividend, and the 
 quotient or result, shall be the share of eacii scliool or district ac- 
 counted as one full school ; and the others shall rt^ceive more or 
 less than a full share, in proportion to their fractional excess or 
 ■deficiency, as previously determined. 
 
 3. No established school [or primary district,] shall be denomi- 
 nated less than a hcdf school, nor shall any be denominated more 
 than a double school. 
 
 4. The distributive share of any school [or primary district,] 
 shall not be applied to the purposes of instruction until the cost 
 of the school house be defrayed, or some definite arrangement 
 made for its gradual payment, by annual instalments out of the 
 future share of the school or primary district, or from some other 
 certain source. 
 
 V. Primary Committee. 
 
 1. Whenever a district is laid off into primary districts, the 
 ■citizens of each shall be called on by at least six public notices, 
 signed by the President and Secretary, and put up at least two 
 weeks previous to the election, to elect three resident taxable citi- 
 :zens, of the primary district, to act as the primary committee. 
 A return of which election shall be made in writing, by the offi- 
 cers thereof, [who shall be an Inspector and Clerk, chosen by 
 the citizens present,! to the President or Secretary of the Board. 
 
 2. The primary committee first elected, shall continue in office 
 lill the last Saturday of the currant school year, on which day^ 
 annually, their successors shall be elected, to serve one year, on 
 notice put up by the out-going committee, for two weeks at six 
 places. 
 
 5. The primary committee shall have charge and control of the 
 «chool building; shall make all repairs to it, subject to the direc- 
 tion of the Board ; and shall provide fuel. 
 
 4. They shall have power to gr;tnt or refuse the use of the school 
 ■liouse to the citizens of the primary district for public purposes. 
 
 5. They shall select and nominate to the Board of Directors, a 
 teacher for their school, who shall be appointed Jay the Board, if 
 ■upon examination he or slie shall appear to be a proper and compe- 
 tent person for tlie station. 
 
 6. They shall, with the concurrence of the Board, butnot other- 
 wise, fix the salary of the teacher, which they shall certify in wri- 
 ting to the President, to be entered on the minutefs. But if they 
 ant! the Board cannot agree, or if the Board deem it advisable to 
 ^ave uniform salaries in the district, then the Board alone shall fii 
 ■the amount. 
 
 7. They shall, either together or in turn separately, visit the 
 school at least once each week while in operation. 
 
 8. And they shall do and perform all such acts and duties sa 
 
52 
 
 muy be enjoined on them in writing, by the proper Board, for the 
 good of the school. 
 
 YI. Ot Teachers — Examination, Qualifications, Dutiesc &c. 
 
 1» No person shall be employed as teacher of a primary common 
 school, urv-less first examined and approved by a committee of the 
 Board, or other persons specially appointed for that purpose by the 
 Directors, except teachers from other districts, producing unques- 
 tionable certificates of exami nation and competency from the Board 
 of such districts-. 
 
 2. Each teacher &f a primary common school shall be compe- 
 tent to give sound instrUfCtion in Orthography, Reading, Graramary 
 Geography, History, Writing, Arithmetic and Book Keeping. 
 
 3. The teacher shall be one q^uali&ed to give instruction in the 
 German as well as the English language^ whenever a majority of 
 the parents an^d guardians of the chddren who actually attend the 
 school require it, and when such a teacher can be obtained. 
 
 4. The contract with each teacher shall be in ivriting^, between; 
 him or her and the President of the Board and his successors. 
 
 5. Tl>e contract shall be at a fixed sum per month, for the whole 
 time during which the funds of the district will authorize the 
 Board to keep the school open in the year, butsliall contain a con- 
 dition, that the Board may, at the end of any month, dismiss the 
 teacher for incompetency, neglect of duty, cruelty, or immoral 
 conduct. 
 
 6. No teacher shall be employed, nor the nomination of a teacher 
 l>y|a committee confirmed, except by the votes of a majt)rity of the 
 whole Board. 
 
 7. No teacher shall receive any eompensatioi2 from parents of 
 guardians in Esddition to that paid by the district. 
 
 8. Twenty four full days teaching shall constitute the teacher^s 
 month, and seventy-two days the quarter. 
 
 9. Assistant teachers shall be under the control and direction of 
 the principal teacher of the school in which they are employed. 
 
 VIL Visitations — Monthly Report— -Examinations. 
 
 1. Tlie Board of Directors shall be divided into three classes — - 
 two in each class — for visitation. The first class shall visit the 
 scholars during the first month of the quarter, the second during 
 the second,, and the third during the tbird. The two visitors for 
 the month shall attend at each school together, and it shall be 
 their duty to visit every s<?hool in the District at least- once in each 
 month. 
 
 2. Each class of visiting directors shall report the result of their 
 obseivations in the schools, to the Board, at their regular quaiter- 
 )j .tjeetin^s, in writingy according to a farm to be agreed on by the 
 
53 
 
 Board, which shall be read by tl».c Secretary, and filed with the 
 minutes. 
 
 3. In case the Visitors' reports agree in exhibiting a want of pro- 
 gress, order or uselulness in a school, it shall be the duty of the 
 Board forthwith to examine into the matter, and apply the proper 
 remedy; and if tiie Teacher's incompetency or misconduct be the 
 cause, to dismiss him at the end of his current month. 
 
 4. There shall be two general and public Examinati'v?ns of the 
 schools, by all the Directors,in each year, during the week previous 
 to the vacations^ if there be two, or if only one, then there shall be 
 one general examination during the week previous to the discontin- 
 uance of teaching for the season. The result of each examination 
 shall be entered on the minutes of the Board. 
 
 5. Six citizens of the District shall be selected by the Board, as 
 examiners with the Directors at the public examination?. 
 
 VIII. Duty of Parents and Guardians. 
 
 1. Parents and guardians are expected to send their children and 
 wards early to school, so that the business of the whole may not be 
 interrupted and their own time wasted by irregularity, 
 
 2. They will consult the good of their children and wards by 
 compelling their attendance every day, for when children are 
 taught in classes, the loss even of one day cannot be subsequently 
 retrieved. 
 
 3. When they are compelled by unavoidable circumstances to 
 ^detain their children or wards from school, they will furnish them 
 at their next attendance vvith a written excuse for such absence, 
 without which, it will be the Teacher's duty to punish the pupils as 
 if they had been absent without leave. 
 
 4. They will send tlieir children or wards to school with clean 
 faces and hands, hair combed, and as decently apparelled as cir- 
 cumstances will permit. 
 
 5. Tliey will not send their children or wards to school while 
 laboring under any itifectjons or contagious disease^ if they do, it 
 will be the Teacher's duty to exclude them till a cure bo effected. 
 
 6. They will not be permitted at any time to interfere with the 
 government or discipline of the school, but if tliey have any fault 
 to find they shall make it known to the Committee, or nearest 
 Director. 
 
 7. Complaints against a Teacher are to be made to the proper 
 committee of the school, if there be one, who shall examine into the 
 facts and report them to the next meeting of the Board for their de- 
 cision, or to the nearest Director if there be no committee, who shall 
 report to the Board. But no complaint from a pupil, except through 
 his or her parent or guardian, shall be regarded. 
 
 8. Parents and guardians will be held accountable to the Board 
 for any wilful injury done to the school house, the school room. 
 
54 
 
 farniture, or books and apparatus belonging to it, bv their childceR 
 or wards. 
 
 IX. Admission, Registry and Expulsion of Pupils. 
 
 1. JVeiv scholars shall onlj be admitted on the first Monday of 
 each mouth. But parents will promote the usefulness of the schools 
 and the welfare of their children, if thej send them only on the first 
 Monday of the quarter. 
 
 3. No pupils shall be admitted unless resident within the pri- 
 mary district to vvhicl) the school belongs, and if the District have 
 not been regularly tjub-dividecl, no scholar shall be admitted living 
 out of the buunds assigned to the school by the Board ; and in case 
 the Teacher of the school have doubts as to the admissibility of 
 applicants, he shall admit them till the opinion of the nearest Di- 
 rector can be obtained, who shall decide the case, till it can be 
 finally settled at the next meeting of the Board. 
 
 3- The Teacher of each school shall enter the name, as^e and 
 advancement \n learning of each pupil admitted, in a book provided 
 for that purpose, keeping a separate list for each. He shall also 
 note the withdraivals, suspensions, and expulsions, with the rea- 
 sons therefor ; which book shall be open to the inspection of the 
 Directors, and of parents and ;;uardians. 
 
 4. If any pupil become refractory, or indulge in practices sub- 
 versive of the harmony and discipline of the school, the teacher 
 shall, with the consent of the nearest resident Director, suspend 
 such pupil from attendance till tiie next visit of the Directors, and 
 if, upon investigation, the visiting Directors find good and continu- 
 ing cause for so doing, they shall confirm the suspension till the next 
 quarterly meeting of the Board. 
 
 5. Absolute expulsion from the schools shall only be made by 
 the vote of the Board of Directors at a regular meeting, and shall 
 only deprive of right of admission for the current school year. 
 
 X. Religious tenets of Pupils, 
 
 1. Jlie religious predilections of pupils and their parents or 
 guardians shall be sacredly respected. 
 
 2. No catechism, creed, confession, or manual of faith, shall be 
 used as a school book nor admitted into the school; sectarian in- 
 struction not being the province of the school master, but of the 
 parent or guardian, and the spiritual teacher selected by him. 
 
.'^iiizai 
 
 55 
 
 PART SECOND. 
 
 Internal Regulations of the Schools. 
 
 I. Discipline, Punishments and Rkports. 
 
 1. Il shall be ihe duty of the Teacher to bestow equal and im- 
 partial aitention on a!i children placed under his or her care. 
 
 2. 'i'he Teacher shall be iindeviating in adherence to a firm, uni- 
 form and moderate system of discipline. 
 
 3. The Teacher shall pay most especial regard lo the morals, 
 habits and general behaviour, as well as to the mental instruction of 
 his pupils. 
 
 4. Tlie punishments to be inflicted by the Teacher, shall be, 1st. 
 Reading aloud the rule violated. 2d. Insertion of the offender's name 
 under the head of " bad conduct," in the Monitor's book. 3d. 
 Private and public admonition. 4th. Detention after school hours. 
 5lh. Special reports or complaints to parents or guardianc. 6th. 
 77te rod. 
 
 5. The rod shall be applied whenever, in the Teacher'sjudgment, 
 it shall be necessary; when used it shall be inflicted with certainty 
 and etfect ; but passion or cruelty in its application shall be avoided. 
 
 6. The Teacher shall report to the Board, not hastily nor on slight 
 grounds, but as a last resort, the names and offences of all refractory 
 or unmanageable pupils, that they may be admonished, suspended or 
 expelled. 
 
 7- In case of any sudden difliculty in the school beyond the Tea- 
 cher's power of arrangement, he shall call in the Committee, or 
 nearest Director, whose decision shall be binding till the next meet- 
 iiig of the Board, to which the matter shall be reported for linal de- 
 cision. 
 
 8. Each Teacher shall report in writing, and in tabular form to the 
 Board, through one of its members, on the last Saturday of each 
 month, the number of pupils at the commencement of the month; 
 the number of new admissions, with their names and ages ; the 
 whole number of days attendance by each; the whole number at 
 the end of the month; ihe number studying each branch; the conduct 
 and progress ot each pupil, and the general condition of the school. 
 
 II. Rules duuing School Hours. 
 
 I. Each pupil must arrive at the school precisely at the time ap- 
 point;'(l for commencing the exercises, or be punished and reported 
 to the Board. 
 
56 
 
 2. On entering the school house, hats and bonnets (and cloaks and 
 coats in the winter) are to be hung up at the appointed place j and 
 feet are to be carefully cleaned at the door. 
 
 3. Each scholar is to proceed at once to his or her seat, after sa- 
 luting the Teacher in a respectful manner. 
 
 4. No speaking, whispering or scraping with the feet on the floor 
 is to be permitted. 
 
 5. No scholar is to leave his or her seat except when called by the 
 Teacher, or when going to speak to the Teacher. 
 
 6. When a class is called up to recite, each member is to proceed 
 with as little noise and confusion as possible to his or her proper 
 place in the class, and is to stand erect and still during recitation. 
 
 7. When ttie exercises are changed from writing to arithmetic, 
 from arithmetic to reading, Szc, no unnecessary noise is to be made 
 in putting away books, slates. &e, 
 
 8. No pupil is to complain of ano'her without going to the Teach- 
 er's desk for that purpose ; and if complaint be made without good 
 reason, the complainant is to be punished in the same manner as the 
 person complained of would have been, if the complaint had been 
 well founded. 
 
 9. Before dismission, b;)th at noon and in the evening, books, 
 slates, &c. , not required to betaken home, shall be put away in their 
 proper places. 
 
 10. The pupils shall be dismissed by classes, and each class on 
 being named by the Teacher, shall quietly and speedily leave their 
 seats, take their books and hats, salute the Teacher, and leave the 
 room. 
 
 11. No pupil shall delay near the school house after dismission for 
 the day, nor on the way home, 
 
 12. The pupils are expected lo show by their respectful salutation 
 of strangers whom tliey meet on the way from and to home, tliat they 
 are acquiring civility as well as knowledge at school. 
 
 IS. All quarrelling or fighting, vulgar, profane or disrespectful 
 language or conduct, either in school, during intermission, or on the 
 way to and h'om scliool, will be severely punished. 
 
 14. Cutting desks, benches, or window sills, breaking windows, 
 or scribbling and drawing on the walls, injuring the plaster or floor, 
 or an}' other damages to the building, either within or without, must 
 be avoided, or if committed will be severely punished. 
 
 15. The slightest approach to /a/se/jooc/ and dishonesty will be 
 most severely punished as offences which, if they become habitual, 
 must wholly unfit their unfortunate and guilty subjects for decent and 
 .safe society. 
 
 16. Each pupil convicted of falsehood or dishonesty shall cut the 
 wood, or bring in the coal, make the fires and carry the water for 
 one week. 
 
 17. i'layin^ truant shall bs most severely punished, the truant 
 being guilty of deception, idlenesss and waste of time combined; each 
 
57 
 
 truant shall, in addition to other punishments, sweep the school room 
 during the noon recess, every day for one week. 
 
 III. Houus OF Instruction — Rolls — Intermissions and Va- 
 cations. 
 
 1. The hours of instruction shall be from 8 till 12 in the forenoon, 
 and from 2 till 5 in the afternoon, from the first of April till the 1st of 
 October, and from 9 till 12 in the forenoon, and 1 till 4 in the after- 
 noon, during the rest of the year. 
 
 2. The roll shall be called by the Teacher precisely at the minute 
 of opening school in the fore and afternoon, and all late attendances 
 shall be noted by the Monitor, The absences shall al.-o be noted 
 before dismission at noon and in tlie evening. 
 
 3. No pupil shall be permitted to go out of the school room du- 
 ring; the hours of study, without the Teacher's permission; nor 
 shall two pupils be out at the iS^me time. 
 
 4. Pupils who do not go home for dinner, sliall continue during 
 intermissi(»n near the school-house, and every act of ill cimduct 
 comuntted during internii>?sion, shall be punished as if it had been 
 committed during sciiool hours. 
 
 5. The school shall be closed on the aiternoon of every Saturday. 
 
 6. The vacations shall be two iveeks from the Monday next before 
 Christmas, aiK\fo7cr weeks from the first Monday in August. There 
 shall be no school on the fourth of July; but no other holyday or 
 vacation shall be granted witliout express vote of the Directors. 
 
 IV. Classes. 
 
 1. As soon as practicable the Teacher shall classify all the pupils. 
 There shall not be more than twelve in one class oi" any particular 
 branch of study. 
 
 2. Pupils only whose advance in any particular study is nearly 
 similar, shall be embraced in the same class. 
 
 3. The classes in each branch shall be designated numerically, 
 the lowest in attainment being called ihejirsf^ as the_y?rs; class in 
 reading, the second cla^s in reading, the //n"rrf class in reading, &c., 
 the first class in grammar, &c. 
 
 4. Promotions from lower classes to higher shall take place on 
 Mondays, and shall be made by the Teacher; they shall be pub- 
 licly announced to the school on the preceding Saturday as a reward 
 of met it and a mark of the Teacher's approbation. 
 
 5. Kach pupil, who, in the regular order of the class, answers a 
 questicm missed by the pupil or pupils above him or her, shall take 
 the place of the pupil who first failed to answer. 
 
 6. The members of the same class shall not be required to sit 
 together in school. 
 
 7. Pupils absent from one or more recitations, shall loose their 
 places in the class and go to tlie foot. 
 
58 
 
 S. Males and females may be placed in the same class, if the 
 number of one sex quali Bed for the particular class, be not sufficient 
 to fill it. 
 
 V. School-books and Studies. 
 
 1. School books, paper, slates, &c., shall be furnished by the 
 parents or guardians of the scholars; and the books shall be uni- 
 form, and of the followino; kinds till otherwise directed : 
 
 Spelling Books: — 
 Reading Books: — 
 Grammars: — 
 Geographies: — 
 Histories : — 
 Arithmetics : — 
 
 2. The Old and New Testaments, containing the best extant 
 code of morality, in simple, beautiful and pure language, shall be 
 used as a school book for Reading, without comment by the Teach- 
 er, but not as a text book for religious discussion. 
 
 3. All pupils having the kind of books directed by the foregoing 
 rules, shall be classified, and shall be called on to recite^rs^. 
 
 4. All pupils not provided with the proper kind of books direct- 
 ed by the Board, shall not be classed nor called on to recite till 
 the uniform classes shall have recited. 
 
 5. No books whatever except those actually used for instruction 
 shall be permitted in school. 
 
 6. The black board and slate shall be frequently and generally 
 made use of in the study of Arithmetic and Geography. 
 
 7. The course of studies shall be such as may be calculated to 
 impart a plain and sound business education. 
 
 8. The same course of studies shall be pursued in the schools of 
 the same grade by all the pupils of the same advancement in learn- 
 ing without distinction; and no pupil shall be admitted !or the pur- 
 pose of studying any one particular branch, except by express vote 
 of the Directors. 
 
 VI. Order of Exercise. 
 1. The order of exercises shall be as follows, viz: 
 In the Forenoon — 
 
 The Alphabet classes in their order, beginning with the first. 
 The Spelling classes in their order. 
 The Reading classes in their order. 
 The Grammar classes in their order. 
 The Geography classes in their order. 
 
 The half hour next before intermission at noon to be devoted to 
 Penmanship. 
 
59 
 
 In the Afternoon— 
 
 The Alphabet classes in their order. 
 The Spelling classes in tlieir order. 
 The Reading classes in their order. 
 The History classes in their order. 
 
 The hour next belore dismission for the day, to be devoted to 
 Arithmetic and Book-keeping. 
 
 2. Each member of the Alpliabet and of the Spelling and Reading 
 classes, who does not belong to any other class, is to receive at least 
 
 Jour lessons in the day, viz: Two in the forenoon and two in the 
 afternoon. The secowd lesson in the forenoon may be given while 
 the larger pupils are engaged in writing, and in the afternoon while 
 they are studying Arithmetic: or if the Teacher's time will notad- 
 mit of this arrangement, one of the laiger pupils may be designated 
 to give two of their lessons, but the other two must be received 
 from the Teacher personally. 
 
 3. If the time of the Teacher will not admit of a daily lesson to 
 all the pupils in Geography and History, they may be dispensed 
 with, except on Tuesdays awA Thursdays, on which days the lesson 
 in Grammar may be omitted. 
 
 4. Saturdays shall be devoted to reviews or rejoe/ih'onsof all the 
 lessons committed to memory during the week; no new lessons of 
 that kind, nor Writing and Arithmetical exercises shall be required 
 on that day. But Alphabet, Spelling and Reading pupds shall be 
 attended to in the same manner as during the forenoon of any other 
 day. 
 
 VII. Seats. 
 
 1. Each pupil shall have a seat assigned him or her by the 
 Teacher, adapted to his or her size and age. 
 
 2. The boys and girls are to be separated (rom each other. 
 
 3. No exchange of seats is to take place between scholars without 
 the Teacher's permission. 
 
 4. Absence from school without leave, or without written ex- 
 cuse from parent or guardian, will forfeit a seat, which may in 
 such case, be assigned by the Teacher to some other pupil if he 
 think proper ; and the pupil thus torfeiting his or her seat shall be 
 compelled to sit on the lowest seat, or to stand, if there be none to 
 accommodate him or her, till the next entry day, or till one becomes 
 vacant. 
 
 VIII. Sweeping School-room, Making Fires, &;c. 
 
 1. Each of the female pupils of all the highest classes, shall for 
 one day, in turn and in alphabetical order, sweep the school room, 
 dust tlie desks, and arrange the seats, during noon intermission, 
 except when performed, as a punishment, by a truant. 
 
60 
 
 2. Each of the male pupils of all the highest classes shall, for 
 one day, in turn and in alphabetical order, prepare and bring in 
 the fuel, make the fire, and carry the water, except when perform- 
 ed as a punishment for falsehood or dishonesty. 
 
 3. A sufHciency of fuel shall be left in the school room by the 
 person whose duty it is for the day, to enable the Teacher to kindle 
 the fire next morning with as little trouble as possible. 
 
 4. In schools consisting exclusively of males or exclusively of 
 females, the members of the highest classes in each branch, shall 
 sweep the room, arrange the desks, &c., and those of the next shall 
 attend to the fires and carry the water, in alphabetical ordeiv 
 
 5. Each pupil shall put away such of his or her books, slate, 
 copy-books, &c. , as are not to be taken home, in their proper places, 
 and arrange his or her desk in a proper manner, before dismissal at 
 noon and in the evening, to accomplish which, the teacher shall 
 give the word "-arrange your desks'' before dismission. 
 
 6. The Teacher shall have the control of the temperature of the 
 room, and of its ventilation, which he vvill regulate according to the 
 Thermometer provided by the Board, taking care not to allow the 
 Mercury to rise above 70 degrees nor fall below 60 degrees Fah- 
 renheit, in the winter. 
 
 IX. Monitors. 
 
 1. To promote observance of the foregoing rules, and to assist in 
 maintaining the discipline of the school, a monitor shall be appoint- 
 ed each week. 
 
 2. The monitors shall be members of the highest classes in 
 Grammar, Geography, History, and Arithmetic ; the members of 
 which classes shall serve in alphabetical order, unless when for bad 
 conduct they shall be deprived of that privilege by the Teacher^ 
 
 3. The monitor shall keep a book ruled in columns under the 
 following heads : Late attendance. Total absence, Lessons missed, 
 and Bad conduct; and the name of each scholar guilty of any of 
 those offences shall be entered under the proper head. 
 
 4. The monitor's book shall be regularly kept, and the transac- 
 tions of each day, both during the fore and afternoon, entered and 
 dated ; and on Saturday the whole shall be read aloud by the monitor 
 before dismission, signed by him and delivered to the Teacher. 
 
 5. No pupil is to be entered in the Monitor's book for bad con- 
 duct or lessons omitted, except by direction of the Teacher. 
 
 6. The Monitor is to call theTeacher's attention to all instances 
 of bad conduct, but no other pupil is to do so, unless for some in- 
 jury to him or herself, in which casecomplamt is to be made at the 
 Teacher's desk. 
 
61 
 
 X. Publication of the Rules. 
 
 1. A copy of the rules shall be suspended in a conspicuous part 
 of the school room, for the information of the pupils and others. 
 
 2. They shall not be altered except with the consent of the 
 Directors. 
 
 3. They shall be read aloud by the Monitor of the week, every 
 Monday morning immediately after roll call. 
 
 4. When any pupil shall transgress any, even the least, of the 
 rules, he or she shall be obliged by the Teacher or Monitor to 
 stand up and (if able) read aloud the rule violated ; if unable, it 
 shall be read to him or her by the Monitor, that the like offence 
 may not be committed again through ignorance. 
 
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