LIBRARY OF CONGRESS. PRESENTED BY UNITED STATES OP AMEEIOA. PUBLIC ACTS KELATING TO COMMON SCHOOLS, IN THE STATE OF CONNECTICUT, PASSED MAY SESSION, 1856» PRINTED BY ORDER OF THE GENERAL ASSEMBLY, IN PURSUANCE OF A RESOLUTION PASSED MAY SESSION, A. D. 1856. NEW HAYEN: CARRINGTON k HOTCHKISS, STATE PRINTERS. 1856. ^ General Assembly, May Session, 1856. Resolved, That the Clerk of the House be, and is hereby directed to cause to be printed in pamphlet form, twenty-five hundred copies of the School Laws passed this Session, one copy for each member of the General Assembly and one copy to each School District. A true copy. Kxamined and certified by N. D. SPERRY, Secretary of State. SCHOOL LAWS PASSED MAY SESSION, 1856. AN ACT IN ADDITION TO AND IN ALTERATION OF " AN ACT CONCERNING EDUCATION." CHAPTEK I. Providiiigfor the transfer to Towns of the Duties and Powers of School /Societies with regard to Schools. Be it enacted hy the Senate and House of Represent tatives, in General Assembly convened : Sec. 1. It shall be the duty of the several towns Towns to pro- within this State to provide for the support of com- of^'schoofs"''^'"^* mon schools within their respective limits. Sec. 2. The school districts now established by law school districts shall become and remain school districts of the towns, IstaSed^ "*"* within which they are situated, subject to certain limitations and exceptions hereinafter mentioned. EDUCATION. Powers and duties of school societies to cease, except in certain cases. Debts, &c., to re- main in force. Powers relating to burying grounds con- ferred on towns. Records of school societies to be hereafter kept with town records. Present scliool ofiScers to con- tinue in office until next annual town meeting. Reports to be made. Town to hold local school fund. Sec. 3. All powers and duties of school societies with regard to schools, except in certain cases herein- after specially excepted, shall, when this act takes effect, cease and determine : Provided, however, that no debt, legal obligation, or pecuniary trust of any such society, pertaining to schools, shall be discharged hereby, but the same shall remain in full force against the town or towns within which such school society is situated. Sec. 4. All the powei-s heretofore conferred upon school societies with regard to burying grounds and matters appertaining thereto, are hereby conferred upon the several towns within which such burial grounds are situated. Sec. 5. The present records of the school societies shall be deposited and forever kept with the town records of the towns in which such school societies are situated; and where any school society lies within the limits of two or more towns, the records of such society shall be deposited and kept with the records of the town within which the greater part of the ter- ritory of such society lies. Sec. 6. The present committees, school visitors, and other officers of the several school societies, shall continue to discharge all the duties of their several offices, in the same manner as if this act had not been passed, until the next annual meeting of the towns in which such school societies are situated, and shall then make to said towns, at said town meetings, the re- ports usually made to said school societies. And where a school society lies within the limits of two or more towns, the officers of said society shall make their said reports to that town within which the greater part of the territory of such society lies. Sec. Y. All the funds, buildings, and property of every kind, now held for school purposes by the school societies, shall vest in the towns within which such school societies are situated, to be held by such towns for the purposes for which the same were held by the school societies. And where there are two or more school societies within the limits of any one town, and any of such school societies shall have a permanent fund for the support of schools, such fund shall be held in trust by said town for the support of EDTJCATION. 7 schools for the inhabitants of the territory now em- braced within such school society ; and where any 7*^^?° any socie- 1 1 • 111T • 1 • II-' f ty lies m two or school society shall lie within the limits ot two or more towns, fund , jini T_p 1 to be divided. more towns, and shall be possessed ot any such per- indebtedness manent fund, such fund shall be divided between or ^^^j" *" *'* ^^"'^' among such towns and the j)ortions so distributed shall be held by such towns, in trust for the support of schools for the inhabitants of that portion of such school society lying within said town ; and where any such school society shall have been indebted, such indebtedness shall in the same manner be divided between or among said towns. Sec. 8. When it shall be necessary to distribute any f„"°Qeigjfg°°|'°| fund, or divide any indebtedness, between or among divided between different towns, in the manner provided by the last *°™^" preceding section, such distribution or division shall be made by the selectmen of said towns ; and if they cannot agree, then, upon application of the selectmen of either town, by a committee of three disinterested persons, to be appointed by the superior court within the county in which either of such towns shall be situ- ated ; who shall make report to said court, which report, when accepted by said court, shall be final in the pre- mises ; and the report of such committee, or the agree- Report of com- ' i^ , iini mittee to be re- ment ot the selectmen, as the case may be, siiali be re- corded. corded at length upon the records of each of said towns. Sec. 9. Whenever there shall have been two or superior court - - . , • 1 • , . to adjust funds more school societies within any one town, and in and indebted- consequence of the difference in the value of the cor- °®^^" porate property (aside from permanent funds) of such school societies, or of the indebtedness of either so- ciety, or from any other cause, it shall be necessary that an equitable adjustment be made between the sections of such towns representing such school socie- ties, the selectmen, or any ten citizens of said town, may within one year from the passage of this act, apply to the superior court for the County within which such town is situated, which shall appoint a .committee of three disinterested persons to inquire into the facts, and report the same to said court, with a recommendation of such adjustment as they shall deem equitable, and such court may thereupon make any proper decree for such adjustment and shall have power to lay a tax, if necessary, upon either of such 8 EDUCATION. sections, upon tlie list last before perfected, and to ap- point a collector of the same, who shall collect such tax and pay over the same to the treasurer of the town, in the same maimer and subject to the same regula- tions in all respects as other town taxes. Certain school Sec. 10. School socictics herctoforc organized under *ed'"under uTo'f the act of 185c, entitled " An act in addition to and Soi°di8tricTa! i'l alteration of an Act concerning Education," which are not coextensive with the towns within which they are situated, shall become school districts of said towns, with all the powers and duties of school dis- tricts as specified in this act, with the following ex- said districts ccptions, viz : Such school districts shall annually of *ed°ucauon tn choosG iu tlic mouth of Octobcr, instead of a district nwnth of octo- committcc, a board of education, consisting of three, six, or nine persons, in the manner prescribed in the first and second sections of chapter II of this act, for the election of school visitors; and said board of edu- cation shall have all the powers and be subject to all the duties imposed on the district committees; and in addition thereto shall have the general charge and superintendence of the common schools within their Power and du- district, and the care and the management of the pro- board oreduca- perty and funds of the district ; they shall lodge all ""'°" bonds, leases, notes, and other securities with the trea- surer of said district, unless the same have been en- trusted to others by the donor or grantors, or by the general assembly ; they shall pay into the treasury of the district all moneys which they may receive for the support of schools ; they may annually appoint a committee, to visit schools and examine candidates for teachers, and to give to those candidates, with whose moral character, literary attainments and abil- ity to teach, they are satisfied, a certificate, setting forth the qualifications of such teachers, and shall an- nul the certificates of those teachers who may be found unqualified, and who shall not conform to the provisions of this act, and to the regulations by them adopted ; they shall determine the number and qualifications of the scholars to be admitted into each school ; shall supply the requisite number of qualified teachers ; shall prescribe rules and regulations for the management, studies, books, classifications and disci- pline of the schools in their district ; shall, annually, EDUCATION. 9 during the first two weeks of the month of September, ascertain the expense of supporting and maintaining the schools under their superintendence, during the year ending the 31st day of August previous, and re- port the same, together with the amount of moneys received towards the payment thereof, to the district, at a meeting to be held on the third Monday in Sep- tember in each year ; and shall at the same time make a full report of their doings and the condition of the schools under their superintendence, and all important matters concerning the same to the district, and shall perform all lawful acts which may be required of them by the district, and which may be necessary to caiTy into effect the powers and duties granted by this act. Sec. 11. All existing school societies, in which school Eting^fch°o*^o78o- districts have been abolished, may avail themselves Pieties where di"- ,1 ••! ' c> -I • l^ T ,• tricts have beeo the privileges specined m the preceding sections. abolished. Sec. 12. The funds, buildings and all other property pun^s, &c., of of the school societies, specified in the two preceding; fchooi societi43s --- , ^^ -,, ■,. --TO to remain as sections, shall not be aiiected by this act, but shall re- heretofore. main, as heretofore, under the care and management of said school societies. CHAPTER II. Powers and Duties of Toions. Sec. 1. A board of school visitors shall be elected, Board of school -IT,. 1 -, , ' Visitors to be by ballot, m every town, at the next annual meeting elected annuany. after the passage of this act, which shall consist of three, six, or nine members, of whom the first third elected shall hold office for three years, the next third Term of ornce. for two years, and the last third for one year, and un- til others are chosen in their places. Sec. 2. At every annual meeting thereafter, all va- g.^*'*''^'** '""^ cancies in the board of school visitors shall be filled by an election of the necessary members thereto by ballot ; any member elected to fill an irregular va- cancy, to hold office only for the unexpired term of his predecessor, and no person shall be ineligible on account of his having held the office the preceding year. In case of any vacancy occurring by death, 10 EDUCATION. resignation or otherwise, the remaining members of the board may fill such vacancy until the next annual meeting of the town. Where town Sec. 3. In case any town shall have received any has a permanent . n ^ n i c ii -i fund, a school permanent fund or funds from any school society or to^bVerec'telirto societies within its limits, such town shall annually l^'^^e^charge of elcct by ballot a school fund treasurer, who shall have the charge of such fund or funds, and keep a separate account of the same, and make an annual report to the town of the condition of said funds and of his disbursements of the same, and who shall give bond, To give bond, witli surcty, to the satisfaction of the selectmen of the town, for the faithful discharge of the duties of his office. Powers of towns. Sec. 4. The towus shall have power to establish and maintain common schools of different grades within their limits; to purchase, receive and hold an}'- real and personal property for school purposes, and to con- vey the same ; to build and repair school houses ; to lay taxes and to make all lawful contracts and adopt all lawful regulations and measures for the education of the children of the town. School business Sec. 5. The busiucss of the towns relating to schools in s'Lrae manned shall bc transacted, at regular and special town as other town meetings, in the same manner and subject to the same business. o ' , •> regulations as other town business. Selectmen to Seo. 6. The Selectmen shall have the care and man- m3n'kgement''^f agcmcnt of auy property or funds appertaining to taTnu^y^o^^"' schools and belonging to the town, and shall lodge all Bchoois and be- bonds, Icascs, notes and other securities with the trea- ongmg o own. ^^^^^^,^ cxccpt SO far as the same shall have been or shall be entrusted to others by the donor or grantor, or by the general assembly, or by the town ; they shall pay to the treasurer all money which they may col- lect and receive for the use of schools ; they shall Boundary lines scttlc and dcscribc the boundary lines of any new to beTcttie(7by' school district, or of any existing district or parts of a selectmen. district withiu their limits, where the lines are not now settled, and described, when applied to by the district, and shall cause the same to be entered on the records of the town ; they shall designate the time, place and object of holding the first meeting in any new district, and perform all other lawful acts which may be re- quired of them by the town, or which may be neces- EDUCATION. 11 saiy to carry into full effect the powers of towns with regard to schools. CHAPTER III. Of School Districts. Sec. 1. Each town shall have power to form, alter Towns shaii have and dissolve school districts within its limits, and any Sulr anddsa- ' two or more towns may form a school district of ad- tr'cte.^*'^"*'' *^ joining portions of their several towns, and may alter and dissolve the same ; provided, that no district shall be divided, so that either part thereof, after such divi- f^l^jg'/"^ °^'^*' sion, shall contain less than forty persons between the ages of four and sixteen years ; and the jurisdiction of towns for such purposes shall extend to districts spe- cially incorporated by act of the general assembly, in the same manner as to others. Sec. 2. When any school district shall be reduced ?js*'"i«"'' ^if , . ••' • 1 1 1 diasolved when m population, SO as to contain less than twelve per- the number of sons between the ages of four and sixteen years, it tween^fo'ur and" shall be the duty of the town or towns within which f^llUJi^H^ such district is situated, to dissolve the same and t^an twelve, annex the territory thereof to the adjoining district or districts ; provided, that if there shall exist any Proviso. special reason why said district should not be dis- solved, the selectmen of the town, or any five voters of such district, may apply to the superintendent of common schools, who shall examine the case, and, if he is satisfied that it is inexpedient to dissolve such district, he shall so certify to such town in writing, and such town shall not be required to dissolve such district. Sec. 3. Every school district heretofore formed from School district parts of two or more towns, shall, for all school pur- o°™ore^town9to poses, belong to the town within which the school '4here^s*chooT" house of said district is now situated, unless such house is situated, towns shall make some other agreement with regard to the jurisdiction over such district, and in all cases where any district shall hereafter be so formed, the towns from which the same are so formed, shall, in ' the formation of such district, agree as to the particu- lar town to which such district shall belong. Pro- n EDUCATION. Proviso. vided, that the inhabitants of such district shall have no right to vote in any other town than that within which they reside. Property in such Sec. 4. The proDcrty of the inhabitants of a district district may be n j r j. a. T-^lJa' taxed for school lormed irom two or more towns may be taxed tor provuiion onfre- school purposcs in the town to which such district, ceding section, under the provisions of the last preceding section, per- tains ; but for all other purposes shall be taxable in the town in which such inhabitants reside. me'^coMoMdated ^^^' ^' ^^cn any two or more districts shall be or divided, how cousolidatcd into onc, the new district shall own all perty is to be the corporatc property of the several districts ; and disposed of. ^ijgj^ ^ district shall be divided, the funds and pro- perty, or the income and proceeds thereof, belonging to such district, shall be distributed among the several parts in proportion to the number of persons between the ages of four and sixteen in each ; and in case the distribution shall not be made before the district is divided, and the several parts cannot agree, the select- men of the town shall distribute the same, wv.T property gj;o_ Q Whenever, on any such division of any such coni^lsts of real ^ ^ i' • i i • • ^ f.i estate the select- school district, the Only or principal property ot said olfr-paHyTmim district, shall consist of a school house and real estate kilt t^Xh-""^ "' therewith connected, which cannot be divided be- share. twccu thc scvcral parts of said district without great inconvenience, the selectmen of the town, instead of dividing such school house and real estate, shall set such school house and real estate to one part, and award that the other part or parts shall receive from the part to which such school house and real estate are set, such sum of money as shall, in the judgment of such selectmen, be just and right, and such award shall be binding upon the several parts of such dis- trict. Associations gg^.^ ^^ ji^]\ associatious under the statute of 1841, formed under u- !••• iit- statue of 1841 to allowing any two or more adjoining school districts be continued aud . • i. j_ j.i j^ -j-i.'!. i. managed ac- to associatc together, and lorm a union district, enter- ccrdingiy. g(j j^j.^ jjeforc the repeal of said statute, shall continue to be managed and regulated according to the provi- sions of the statute of 1841, any law or usage to the contrary notwithstanding. Every school dis- gj^c. 8. Evcry school district shall hold an annual tnct shall hold , i i • i i » o i annual meetings meeting on such day m the month oi feeptember in eptember, q^q]^ ycar, as the committee, or clerk of the district in EDUCATION. 13 the notice thereof may designate for the choice of of- officers!'''^ °* ficers and foi the transaction of any other business relating to schools in said district ; and shall also hold ■ a special meeting whenever the same shall be duly called; and the district committee may call a special special meetings meeting whenever such committee shall think neces- distdct If^u^ sary or proper, and shall call a special meeting on the *^«- > written request of five residents therein qualified to vote ; which request shall state the object of calling the same. Sec. 9. District meetings shall be held at the dis- where district trict school house; if there be no suitable school be heia. house, the committee shall determine the place of meeting; if there be no committee, the clerk shall determine the same ; if there be no committee and no clerk, the selectmen of the town to which such dis- trict belongs shall determine the place of meeting, which shall in all cases be within the limits of the dis- trict. Sec. 10. Notice of the time, place, and object of Notice of meet- every annual and special meeting of the district, shall LnliVwh?^"' be given at least five days inclusive previous to hold- ing the same. The district committee, or, if there be no such committee, the clerk, or, if there be no com- mittee and no clerk, then the selectmen of the town shall give notice of a district meeting, either by pub- lishing the same in a newspaper printed in the district, or by putting notice on the district school house, or on the sign-post within the district, or in some other mode previously designated by the district; but if there be no such newspaper, school house or sign-post, or other mode so designated, then th^ selectmen of the town to which said district belongs shall determine how and where the notice shall be given. 'i Sec. 11. Every person residing in the district, qual- wh? may vote . n 1 , 1 • , . • , • T J • . 'n district meet- med to vote m town meetmg, may vote in district ings. meetings; and every meeting may choose its own moderator, and may adjourn from time to time to meet at the same, or some other place. If any per- Penalty for iii«- son or persons shall vote illegally in any school dis- ^*' ^°"°^- trict meeting, such person or persons shall forfeit and pay the sum of seventeen dollars to the treasurer of the county where the ofiense is committed ; and it shall be the duty of attorneys for the state in the 14 EDUCATION. several counties, and grand jurors in the several towns, to make presentment of every such oft'ense. Nftmcj^ number. Sec, 12. The name, or number, and limits of every to'^ibe^'recorded! scliool district sliall be entered on the records of such district, and on the records of the town to which such district belongs. Concerning set- Sec. 13. Whenever the boundary lines of any dis- il^darySines. tHct are uot clcarly settled and defined, the selectmen of the town in which said district is situated shall set- tle and define the same ; and whenever said select- men cannot agree in settling and defining such bound- ary lines, the town to which such district belongs may appoint three indifierent persons for that purpose, who shall have the same authority therein as is herein con- ferred upon said selectmen, and said boundary lines may, in either case, when necessary, be defined by an actual survey ; and when parts of such districts lie in two or more towns, the selectmen of the towns in which any such part is situated, or in case of disagree- ment, indifferent persons appointed as aforesaid, shall settle and define the boundary lines of such part. Corporate pow- Sec. 14. Every school district shall be a body cor- tSte^^''''°"^'^'^"porate, and shall have power to sue and be sued, to purchase, receive, hold, and convey real or pereonal property for school purposes ; to build, purchase, hire, and repair school houses, and to supply the same with fuel, furniture and other appendages and accom- modations ; to establish schools of diflerent grades ; to purchase maps, globes, black-boards and other scliool apparatus ; to establisli and maintain a school library ; to employ one or more teachers, and shall be holden to pay the wages of any such teacher or teach- ers as are employed by the committee of such district in conformity to law ; to lay taxes for all the forego- ing purposes, and to make all lawful agreements and regulations for establishing and conducting schools, not inconsitents with the regulations of the town to which said district belongs. Officers who, Sec. 15. Eacli school district shall choose, by ballot, cbose'n*'* ^ at the annual meeting, a committee of not more than three residents of the district, a clerk, who shall be sworn, a treasurer and collector, who shall hold their respective ofiices until the next annual meeting, and until others are chosen and appointed, and any per- EDUCATION. ] O son SO chosen, who shall refuse or neglect to perform Penalty for neg- the duties of the office, shall pay five dollars to the duty." p'''"^°™ treasurer of the district, for the use of said district; provided that any new district may choose their offi- cers at their first, or at any subsequent meeting called by the selectmen of the town, who shall hold their offices till the annual meeting of such school dis- trict. Sec. 16. In case any district, at the time for the an- District failing . ini».i 1 • n to appoint ofli- nual meetmg. shall lail or neglect to appoint all or cers, it shaii be any of the officers required by this act, or any of the scTioo" visuors vacancies shall occur by death, removal from the '° *pp°'"'- district, or otherwise, it shall be the duty of the school visitors of the town to which such district belongs, to make such appointment and fill such vacancy, on receiving written notice thereof from any three members of the district, and to lodge the name oi' i^^^li wuh di« names of such officers so appointed with the district trict cierk. clerk. .Sec. 17. The district committee shall give notice of^^^^^j^°^f^*'»<=* all meetings of the district in the manner prescribed ; shall, unless otherwise directed by the district, employ one or more qualified teachers ; shall provide suitable school rooms, and furnish the same with fuel properly prepared ; shall visit the schools, by one or more of their number, twice at least during each season of schooling ; shall, when the scholars are not properly supplied with books, and their parents or guardians are too poor to furnish them, provide the same at the expense of the district ; shall suspend during pleasure, or expel from school during the current season, all pu- pils found guilty, on full hearing, of incorrigibly bad conduct, and shall give such information and assist- ance to the school visitors of the town as they may re- quire, and perform all other lawful acts that may be necessary to carry into full effect the powers and du- ties of school districts. Sec. 18. The clerk, treasurer, and collector of each Powers and school district, shall exercise the same powers and tr"easure'rfand' perform the same duties, in their respective districts, collector. as the clerk, treasurer and collector of towns do, in their respective towns. Sec. 19. The inhabitants of each district, in lawful Treasurer and meeting, shall have power to require that the trea- bonds r/reqiur"^ 16 EDUCATION. by district meet- ing. Ooncerning changing site of school house. Where district does not sup- port a school, the town may pay over school moneys to dis- trict where chil- dren do attend, upon certificate of districl com- mittee. How school dis- trict may talce t and for site of a ; school hou-se. surer and collector shall respectively give bonds to the district for the faithful discharge of the duties of their respective offices, which bonds shall be ap- proved of by the district committee, before the trea- surer or collector shall enter on the duties of his office. Sec. 20. The vote of tuo-thirds of any legal meet- ing shall be necessary to fix the site of a new school house, or to change the site of an old one ; but if such two-thirds vote cannot be obtained in favor of any site, the school visitors of the town, or the school vis- itors of the towns, in which such district is located, on application of the district, shall fix the site and make return thereof to the clerk of the town in which such site shall be. Sec. 21. Whenever a school district, from inability or other cause, shall not support a school within the same, and the scholars belonging thereto shall attend the school of any other district, it shall be lawful for the town where the enumeration of the children is made and returned, to receive from the comptroller of public accounts, and to pay over to the district or districts where such children actually attend school, the proportion of school moneys which are drawn on the children so enumerated ; and a certificate from the committee of the school district where such children have attended school, that the money is so appropria- ted, shall be presented to the selectmen of the town to which such children belong, and shall be sufficient evidence that such money has been appropriated ac- cording to law. Sec. 22. Any school district may take land which has been fixed upon by them, as the site of a school house for a common school, and which is necessary for that purpose, upon paying to the owner just com- pensation therefor. If the school district wishing to take land for the purpose aforesaid, cannot agree with the owner, upon the compensation to be paid him therefor, they may prefer their petition to the superior court, to be held in the county in which the land lies, praying that such compensation may be ascertained and determined by said court. The said petition shall be accompanied by a summons signed by competent authority, notifying the owner of the land to be EDUCATION. 17 taken, to appear before the court to wliich the peti- tion is returnable, and shall be served in the same manner as is provided by law for the service of bills or petitions in equity. And upon said petition, said court shall appoint a committee of three judicious and disinterested men, who, after being sworn, and after giving reasonable notice to the parties, shall ex- amine the land proposed to be taken, and if they ap- prove the site shall ascertain its value, assess such sum in favor of the owner as will justly compensate him therefor, and in case of non-approval of said site by said committee, they shall have power to fix another site and proceed as aforesaid, and make re- port of their doings to said superior court, and said court may reject the report of said committee, and set aside their doings for any irregular or improper conduct in the performance of their duties. Sec. 23. If the report of said committee be rejected and their doings set aside, the court aforesaid shall appoint another committee, who shall proceed in the same manner as the first committee are required to proceed by the foregoing section. But if said report shall be accepted by said court, such acceptance shall have the effect of a judgment in favor of the owners of the land against the petitioners, for the amount of the assessment made by the committee, and execu- tion may be issued therefor accordingly. Provided^ Proyuo. that said land shall not be used or inclosed by the school district for any purpose whatever until the amount of said judgment shall be paid to the party to whom it is due, or deposited for his use with the trea- surer of the county. Sec. 24. The school district preferring the petition committee mak- aforesaid. shall pay the committee for making said "o'^be^patdTy"'' assessment, a reasonable compensation for their ser- ^cikjoi asstrict. vices, which shall be taxed by the court to which their report is made. Sec. 25. Any school district wishing to take land, ho^v school d\^. which has been fixed upon by them as the site of a landVslVte'for school house for a common school, and being unable ^'^'*'"^'' '''"^^'•'• to agree with the owner of such land upon the com- pensation to be paid him therefor, may at any time when the superior court is not in session in the county in which such land is situated, prefer their petition to 2 1 8 EDUCATION. br"ppoinLaw either judge of the superior court praying for the ap- supuiiorcoui-tii) poiiitmuut of a committee for the purposes specified in peuVJu on, &c? the twenty-second section of chap. Ill of this act. Said petition shall be accompanied by a summons signed by competent authority, notifying the owner of the land proposed to be taken, to appear before the judge to whom such petition is brought, at a time and place specified in said summons, and shall be served in the same manner as is ])rovided by law for the service of bills and petitions in equity, at least twelve days before the time specified in said summons. Powers anil Sko. 26. Any committcc, so appointed, shall have in'mee"' *^''"'' ^^^ ^^^^ powcrs and perform all the duties provided for committees appointed by the superior court in accord- ance with the twenty -second section of chap. Ill of this act, and shall make report of their doings to the next term of the su])erior court holden in the county wherein such district may be, upon which said superior court shall proceed, in all respects, as provided for in said twenty-second section. Hon- new school Sec. 27. AYhencver a district shall liave voted to hum'! '''"'" "^"^ erect a new school house, the same shall be built ac- cording to a plan approved by the board of school visitors, and by the building committee of such dis- trict, but such t>tficers shall not have power to require such district to expend any larger sum therefor, than such district shall vote to appropriate. Money from Sec. 28. No district shall be entitled to receive any rtc°hla?uVa"er'' mone}^ from the school fund of the state, unless such disti'ict shall be supplied with a school house and out buildings pertaining thereto, which shall be satisfac- tory to the board of school visitors. CHAPTEE IT. Of State Appointments, Taxation, and Exjpenses. Income of school Sec. 1. Thc iucome of the school fund, after deduct- f"'"'' ''"'^ '"'*''■'' ing all expenses attending its management, shall be divided by the comptroller of pu])lic accounts, with the advice of the commissioner of the school fund, and distributed among the several towns in proportion to the number of persons between four and sixteen years what r tions. bntetl. EDUCATION. 19 of age, as ascertained by the school visitors of such towns, in conformity with the provisions of this act. Sec. 2. The district committee shall annually, in District commit- the month of January, ascertain the name of every reumlht names person over four and under sixteen years of age, who °|^^.^j5jg^^^^ ^^^'^ shall belong to such district on the first Monday of 2uthjaA. said month and compose a part of the family of his parents, guardians or employers, together with the names of such parents, guardians or employers, and shall make return of the same to the school visitors of the town to which such district belongs, on or before the twentieth day of January in each year ; provided, that in such return no persons shall be included who are residing in such districts to attend private school or for other private purposes ; but such persons shall be enumerated in the district where their parents or guardians reside. Sec. 3. In case of the absence or inability of the if committee do district committee to make the enumeration and re- rt°siran''be"he'^°' turn above required, it shall be the duty of the clerk ^"J/i^"^ '^'^*'"''=' of the district to do the same in the manner and with- in the time before described. Sec. 4. Whenever the committee and clerk of any """hen committee school district shall omit to return to the school visit- make returns ors of the town the enumeration of the children in Jj^Jy^oJo^ne*^/^ their respective districts, within the time prescribed ^ciiooi visitors, by law, it shall be the duty of one of the school visit- ors of such town to make such enumeration, before the first day of February in each year, and to return the same to said school visitors, and for making such enumeration, such visitor shall be entitled to receive compensation five cents for each child so enumerated, to be paid ^'^^■■'^''°'"- from the next dividend belonging to said district, which may thereafter be received from the town de- posit fund. Sec. 5. The return above required to be made to Returns to be the school visitors shall be subscribed by the person ^^^""^^ making the same and sworn to before a magistrate according to the following form : I do hereby certify, that I have carefully enumer- Form of return, ated according to law all persons between the ages of four and sixteen years within the school district, and do find that on the first Monday of 20 EDtrCATION. January, A. D. said district and belonging thereto, the persons between the ages aforesaid. there were residing within number of A.B. On this day of A. D. per- sonally appeared the above named A. B. and made oath to the truth of the above return by him sub- cribed, before me. C. D., Justice of the Peace. School Tisitois Sec. 6. The school visitors of the town shall examine loiT^lcrreturn"^ ^^^ corrcct the returns made to them, so that no per- and transmit to gQu shall be enumerated twice in difierent districts, or 5th Feb. annual- bc improperly returned, and shall prepare and trans- *•''■ mit to the comptroller of public accounts, on or before the fifth day of February, annually, a certificate, in which the number of persons shall be inserted at full length, which shall be sworn to according to the fol- lowing form, to wit : Form of cerlifi- eate. "We, the school visitors of the town of do certify that from the returns made to us under oath, as by law provided, we find that on the first Monday of January, A. D. there were residing within said town and belonging thereto, the number of persons between the ages of four and sixteen years, and from the best information w^e have obtained, we verily believe that said number is correct. > School Visitors. On this day of A. D. personally appeared the above named school visitors, and made oath to the truth of the above cer- tificate by them subscribed, before me. C. D., Justice of the Peace. Returns to be lodged witli town treasurer. Comptroller to draw orders on Treasurer for Sec. 7. The school visitors shall lodge the returns made to them with the treasurer of the town. The comptroller of public accounts, on the applica- tion of the school visitors of any town, shall draw an EDUCATION. 21 order on tlie treasurer for the amount whicli such town amount each may be entitled to, of all moneys appropriated by law, enutl^^^o. "^ for the benefit, support and encouragement of com- mon schools, which may be in the treasury on the 28th day of February in each year ; provided that no order shall be drawn in favor of any town, until the school visitors shall certify in writing under their hands in the words following, to wit : We, the school visitors of the town of do ^^™; "^ '=^'■"^'■ certify that the schools in said town have been kept for at least six months in the year ending the day of last, by teachers duly examined and ap- proved, and have been visited according to law ; and that the moneys drawn from the public treasur}^ by said town, for said year, appropriated to schooling, have been faithfully applied and expended, in paying for the services of said teachers, and for no other pur- pose whatever. Dated at the day of A. D. School Visitors of the town of To the Comptroller of Public Accounts. Seo. 8. Whenever the school in any school district certiacate of shall not be kept according to law, the school visitors compt Ji\er°shaK of the town to which such district belongs, shall, in ^*^^'J=p,"'|J^°^pj their certificate or certificates to the comptroller for been kept ac- the year following, state such fact, and also the num- ber of children enumerated in such district, and the comptroller, when application is made for the school moneys payable to such town for said year, shall de- duct from the whole number of children enumerated in such town, the number contained in such district, dedu'ct'^accord- and shall draw an order for the benefit of the remain- '"siy- ing districts of such town, ISec. 9. Every town in lawful meeting, may autho- Towns may au- rize the school visitors in said town to draw an order vi-sToTs to drL on the town treasurer in favor of each district as have °" to.«'" treas- 1 i'ii-Ti T 1j(» urer in favor o) kept their schools m all respects accordmg to law, for districts having ,1 • .. ^ 11 ii IT • 1 J? kept schools ac- their proportion of all the public moneys received from cording to law. the school fund for the use of schools, in the hands of 22 EDUCATION. the treasurer, in proportion to the number of persons between the ages of four and sixteen in such district : Each district to provided, that wlienever the public money derived receive not less i, ,i i i p i -n i- , ,^ than thirty-five ironi tliescliool luud M^U uot amouut, according to the dollars. j.j^lg ^|- digtvibution, to thirty-five dollars for a district in any one year, it shall be the duty of the selectmen and town treasurer to appropriate from the amount raised by said town for the purpose of education, a sum sufficient to make the amount equal to thirty-five No district to dollars ; and provided further, that no school district which the school shall bc entitled to any portion of the public money, brteacheraduiy uulcss the school iu said district has been kept by a s^x^lifontifs*''^'^''^®^^^^®^' '^^' teachers, duly qualified, for at least six months in the year, and visited twice during each sea- son by the visitors of the town, nor until the district committee shall certify that the public money receiv- ed by the district for the year previous, has been faith- fully applied and expended in paying for the services of such teacher or teachers, and for no other purpose whatever. In cases of for- Sec. 10. lu all casos of forfeiture of public money, tton^to^fi'Snlde uudcr tlictwo next preceding sections of this act, appli- d°enrorcSmmon cation sliall be made to the superintendent of com- schoois. mon schools, who shall examine the facts of each case and decide according to its equity on the right of the applicants to receive the money so forfeited ; and the same shall be paid as if no forfeiture had occurred, on his certificate to the comptroller of public accounts in approbation of such payment. School moneys Sec. 11. If any moucy appropriated to the use of for'feited'to the ^''schools, shall be applied by a town or a school district ^**'®' to any other purpose, the same shall be forfeited to the state, and it shall be the duty of the comptroller to sue for such money in behalf of the state, to be applied to the use of schools. Penalty for frau- Sec. 12. If any school visitor or scliool visitors shall duient certifi- a^ any time fraudulently make a false certificate, by which money shall be drawn from the treasury of this state, each person so fraudulently making such certifi- cate, shall forfeit the sum of sixty dollars to the state, to be recovered by action of debt on this statute, and it shall be the duty of the comptroller to bring a suit to recover the same. .Gate. EDUCATION. 23 Sec. 13. Any school district may fix, or authorize its scuooi aistridis district committee to fix, a rate of tuition to be paid "uiuon'!^''' *'° by the persons attending school, or by their parents, guardians or employers, towards the expense of fuel, books, and other expenses, (including estimated defi- ciences of payment,) over and above the money re- ceived for the town or state appropriations, and the district, or district committee, shall exempt therefrom all persons whom they consider unable to pay the same ; provided^ that the rate of tuition shall not ex- ceed one dollar per scholar for any term of twelve weeks, except in districts where different grades of common schools are established, where the rate for the higher grades shall not exceed two dollars per scholar for the same time. All such bills may be required to be paid in advance, 5'^"^"^^!'^ \^':^^ or may be delivered to the town or district collector, in advance. and may be by them collected in the same manner as town taxes are collected. Sec. 14. Whenever a district shall impose a tax, the Distiicttaxtobe same shall be levied on all the real estate situated estate within therein, and upon the polls and other rateable estate, othM^in'opeky"'' except real estate situated without the limits of such s!^''j^^]?„itJ"^e°''* district, of those persons who are residents therein at longing to per- the time of laying such tax, and said real estate shall therein!' "" not be taxed by any school district, except the one in which the same is situated, and said tax shall be made out and signed by the district committee from the as- sessment list of the town or towns to which said dis- trict belongs, last completed or next to be completed, as said district shall direct, and no deduction or abate- ment shall be made on acconnt of the indebtedness of the owner of any estate so taxed. Sec. 15. Whenever real estate situated in one }yhenreai estate district is so assigned and entered in the grand list in s°eparaTei"on common with other estate situated out of said district, ^ct wishing\'o that there is no distinct and separate value put by the !«y «■ ^^^ *° °^^^ -, -, . •■'• •■,-,. .-""i •' .Tin one or more assessors upon the part iymg in said district, then said assessors of the district wishing to lay a tax as aforesaid , may call on *^°""' one or more of the assessors for the time being of the town in which said property is situated, to assess, and they shall on such application, assess the value of that part of said estate which lies in said district, and return the same to the clerk of said town, and notice of such assessment and of the 2-i: EDUCATION. meeting of the assessors and selectmen liereafter men- tioned, shall be given by the district committee in the same way as a notice for school meetings, and at the end of fifteen days after said assessment lias been re- turned as aforesaid, said assessors and selectmen shall meet in such place as said district committee shall de- signate in his notice aforesaid, and shall have the same power in relation to such list as the board of re- lief have in relation to such list of towns, and when such list shall be pe rfected by said assessors and select- men, tlie same shall be lodged with the town clerk, and said assessment shall be the rule of taxation for said estate by said district for the year ensuing, and said assessors shall be paid by said district a reason- able compensation for their services. School di.strict Sec. 16. The several school districts in this state con^bimtrcoi- may appoint either of the constables of the town or U'ctor... towns in which such school district may be situated, to be collector of the taxes of such school district, whether such constable belongs to said district or not, and it shall be the duty of the constable appointed such collector, on receiving any rate tax or assessment bill from the committee of any such school district, forthwith to collect the same, and pay the amount of such bill or bills into the treasury of such school district, and said constable shall be allow- ed such fees for collecting the same as are allowed to collectors of state taxes. Towns to r.use Sec. 17. It shall bc thc duty of each of the towns in le^^s^thifn one""^ tliis stato annually, on or before the twentieth day of cent on the February, to raisc bv taxatiou such a sum of money lioUar on their , -i i • i i i. i i.i j. smnd list, to 1.6 as they may deem advisable, not less than one cent on ".Xo^res.'''''''"' the dollar, on their grand list made and perfected, and cause the same to be paid into the treasury of the several towns respectively, for the benefit, support, and eucourngement of common schools ; and the whole amoimt of money so raised, shall be annually distri- buted to the several school districts within each town, under the direction of the selectmen and school visitors. Towns neglect- Sec. 18, If any town shall neglect to raise such sum Tuchlnu^to of money, not less than one cent on the dollar, in the forfeit an equal manner and within the time limited in the preceding jvmount to the . i,. in>'i tm i state. section ot this act, or shall tail to distribute the same EDUCATION. 25 according to the provisions of said section, such town shall forfeit and pay to the treasurer of this state, for the use of the state, a sum equal to the amount which it was the duty of such town to raise, as aforesaid, to be recovered by said treasurer in an action upon the case under the statute. % CHAPTEK V. % V Of School Visitors. Sec. 1. The board of visitors shall prescribe rules and f^'^^.g^^^i^g*''"* regulations for the management, studies, books, clas- rules, studies, sification and discipline of the schools in the town ; amine teachws, and shall themselves or by a committee by them ap- ^f^^ ^reuuns of pointed for that purpose, examine all candidates for number of per- f, •.iiii> ii 1 sons between teachers in the common schools oi such town, and four and sixteen shall give to those persons with whose moral charac- a'JidXaw ''orders ter, and literary attainments, and ability to teach they on U)wn^treas^ur- are satisfied, a certificate, setting forth the branches neys. he or she is found capable of teaching; provided, that no certificate shall be given to any person not found qualified to teach reading, writing, arithmetic and grammar, thoroughly, and the rudiments of geogra- phy and history ; shall visit all the common schools of said town twice at least during each season for schooling, once within four weeks after the opening, and again within four weeks preceding the close of the school, at which visits they shall examine the re- gister of the teacher, and other matters touching the school house, library, studies, discipline, mode of teaching, and improvement of the school ; they shall make return of the number of persons over four and under sixteen years of age in said town, to the comp- troller, and draw orders on the same for any portion of the public money due to said town as heretofore prescribed ; and they shall draw all orders on the town treasurer or school fund treasurer, for all moneys due the common schools of said town. Sec. 2. The board of visitors shall annul by a ma- Board of visitors jor vote of the board, the certificates of such teachers fiTateroTunquai- as shall be found unqualified, or who will not conform Ifna ghau'^^ubmit to the law and the regulations adopted by the visitors, written report to 26- EDUCATIOIf. the town at the and shall submit to the town at their annual meeting, annual meeting. ^ "written account of their own doing-s and of the condition of the several schools within their limits, for the year preceding, and said board may appoint a committee of one or two persons, to exercise all the powers and perform all the duties of said visitors, sub- ject to their rules and regulations, which committee shall be called the acting school visitor or visitoi-s. Acting school Sec. 3. It shall be the duty of the acting school visitor each*'com°nK)n' Or visitors of cvcry town, to visit every common school tSwn^twkl^dur- i° s^i^ town, in company with one or more of the vis- ing each season, itors, or of the district committee, if such attendance school visitors, can be obtained; and such visits shall be made twice portu)™upeHn- ^^ l^ast during each season of schooling, in conform- tendent of com- jj^y ^j^j-^ ^]^q provisious of this act. It shall be their mon schools, and ,«/ -I . ^, , , ., to answer enquir- duty, uulcss otherwisc dircctcd by the visitors, to by'him.°"° ^ spend at least half a day in each school visit; it shall be his or their duty to make a full annual report of the condition of the common schools of said town and of all the important facts concerning the same, to the superintendent of common schools, on or before the first day of October, anuuall}^, and to answer in wri- ting all inquiries that may be propounded to him or them on the subject of common schools by said super- intendent. He or they shall also prepare an abstract of such report, to be read at the annual meeting of said town. Compensation of Sec. 4. The acting school visitor or visitors of every uorsf^'^*^""^^'^" town shall receive for the time actually employed in the performance of the duties prescribed in this act, the sum of one dollar twenty-five cents each, per day, to be paid out of the treasury of the town in which the school houses of the schools visited by him or them are situated ; provided that ho or they shall have made his or their annual report in the manner pre- scribed in the preceding sections ; and provided further that his or their account shall be approved by the vis- itors of the town. High schooito be Sec. 5. Whenever a common school of a higher agement of board grade, for the oldcr and more advanced children of of visitors. either sex, shall be established and maintained by any town, such school shall be subject to the manage- ment of the board of visitors, unless otherwise direct- ed by the town, and shall receive such proportion of EDUCATION. 27 all money provided for tlie support of common schools in such town, as the number of scholars attending such high school shall bear to the whole number at- tending all the other common schools of the town. Sec. 6. No town shall be entitled to receive its share No town to re- of the public money from the treasury of the state, ney unless th?°" unless the report required by the third section of chap. "avTbl^nmade Y of this aet shall have been made by the school vis- to ^"pe^^^tend- itors to the superintendent of schools. schools. CHAPTEK VI. Of District Committees. Sec. 1. The committee of every district shall, on or District commit- before the 30th day of September in each year, make port to school a written report to the board of school visitors of thejo^n."^"^'^^ town, which shall state, 1. The whole term for which a school or schools in subjects of re- such district shall have been kept by a qualified teach- ^°^ ' er or teachers, during the year ending the thirty -first day of August, and how much of said term was win- ter school, and how much summer school. 2. The amount of money received from the school fund of the state, town deposit fund, local funds, town tax, district tax, rate bills and all contributions, whe- ther in board, fuel or otherwise, for the year ending the thirty-first day of August. 3. The whole number of children, between the ages of four and sixteen, the number of each sex in the summer school, and in the winter school, the average attendance both summer and winter of each sex, and the number of pupils attending school, over sixteen years of age. 4. The number of male and of female teachers em- ployed, and for how long a time each. 5. The wages of male teachers per month, and of female teachers per week, including board, when re- ceived as a part of the teachers' compensation. 6. The amount expended during the year for school buildings, for apparatus and library, and for other school purposes. 7. The different branches taught in the schools, the 28 EDUCATION. number of pupils in each branch, the number of pub- lic examinations, lectures, visits, and by whom, and such other information as may be required by the board of visitors or by the superintendent. Sec. 2. No district shall be entitled to receive its share of the public money from the state treasury, un- less the report required by the next preceding section shall have been made by the committee of the dis- trict. CHAPTER VII. Of Teachers. Teachers must receive certifi- Sec. 1. No teacher shall be employed in any school, cate of examina- supportcd by any portion of the public money, until tion SiQcl appro- it •'t i * c* > c* * t * t bation from vis- he has rcceivcd a certmcate oi exammation and ap- itors. probation signed by a majority of the board of visit- ors, or by all the committee by them appointed, nor shall any teacher be entitled to draw any portion of his wages, so far as the same is paid out of any pub- lic money appropriated by law to schools, unless he can produce such certificate, dated previous to the opening of his school, provided, that no new certifi- cate shall be necessary when the teacher is continued in the same school more than one term, unless the vis- itors shall require it. Ser" '" ^'''' Sec. 2. It shall be the duty of every teacher in any common district school, to enter in a book or a regis- ter to be provided by the clerk, at the expense of the district, the names of all the scholars attending school, their ages, the date when they commenced, the length of time they continued, and their daily attendance, together with the day of the month on which such school was visited by the school visitors of the town or committee by them appointed ; which book or re- gister shall be open at all times to the inspection of all persons interested, and be delivered over by the teacher at the close of the term, to the district clerk, together with a certified abstract showing the whole number of pupils enrolled, the number of males and females, and the average daily attendance. EDUCATION. 29 It shall also be the duty of the teacher, so far as to furnish infer- practicable, to furnish to the district committee such ti-fot wmmme'l'!" information with regard to matters appertaining to the school, as shall be by them required. Sec. 3. I^o teacher shall be entitled to any pay for no teacher enti- his services, who shall have neglected to perform the negiectf'''prrce°- duties enjoined by the next preceding section. <^^^s section. Sec. 4:. All examination of teachers under the first Examination of section of chapter fifth of this act, shall be conducted condlTcTed""^ by a majority of the board of school visitors, or by ail the committee by them appointed. CHAPTEE vni. Of the Superintendent of Schools. Sec. 1. The principal of the state normal scliool Principal of nor- shall be, ex officio, superintendent of common schools, e5r-offic^o*'^*uper. whose duty it shall be to exercise a general supervi- 1°*^"'!!°' 1*' , y 11 1^-1 Ti common schools. sion over the common schools oi the state, to collect information from the school visitors in the manner provided in the third section of chapter fifth of this act, and from other sources, to prepare and submit an ms duties, annual report to the general assembly, containing a statement of the condition of common schools of the state, plans and suggestions for the improvement and better organization of the common school system, and all such matters relating to his ofiice, and to the inter- ests of education, as he shall deem expedient to com- municate. Sec. 2. The superintendent of common schools is ^o iiow conven. hereby authorized and directed to hold, at one con- in°each county. venient place in each county of the state, schools or conventions of teachers, for the purpose of instructing in the best modes of governing and teaching common schools, and to employ suitable teachers and lecturers to assist him in conducting said schools, and for the i purpose of defraying the expenses of each school or ^^^ convention so held, the superintendent may draw up- on the comptroller for a sum not exceeding one hun- dred and twenty dollars, to be paid from the civil list funds of the state. \ 30 EDUCATION". Hi3 compensa- Sec. 3. The Compensation of the superintendent shall be three dollars per day, in full for his services while actually employed in performing the duties re- quired of him by lav\', and shall be allowed his neces- sary disbursements for traveling expenses, stationery, printing and clerk hire, in the business of said office, which compensation and disbursements shall be paid from the civil list funds of the state, after being taxed and allowed by the comptroller, who shall draw an order on the state treasurer therefor. To give notice to Seq, 4, The Superintendent of common schools and place of con- sliall bc, and lie is hereby directed to give seasonable ventions. noticc to cacli town, of the times and places of hold- ing such schools or conventions, and such other notice to the teachers as he may deem expedient. f CHAPTER IX. Of School Libraries. TizeTtTTten ^^^' ^' "^^^^ treasurer of the state, upon the order dollars to school of the Superintendent of schools, is hereby authorized an equa/sum"to and dircctcd to pay over the snm of ten dollars, out iTbr^a*'dM or^pro- ^^ ^'^7 ^f^oneys that may be in the public treasury, to cure apparatus, evcry scliool district which shall raise by tax or sub- uoiia^s annually, scriptiou a like sum for the same purpose, to establish within such district a school library, and to procure philosophical and chemical apparatus ; and the fur- tlier sum of five dollars annually, upon a like order, to the said districts, upon condition that they shall have raised a like sum for such year, for the purposes aforesaid. Selection of ^^^^ y^ ^\^q sclcction of books for such libraries books to be ap- 1 ^ ■. ^ •> ii i/... n 1 proved. shall bc approved by the board of visitors oi each town. Board of visitors gjjc. 3. The board of visitors of each town shall may make regu- , , , i i.- !• i.1 utions. make proper rules and regulations lor the manage- __ ment, use and safe keeping of such libraries. Acts repealed. All public acts heretofore passed and now in force in this state relating to the subject of education, are hereby repealed, except such as are hereinafter speci- fied — to wit — an act for the establishment of the state EDUCATION. 31 normal school, passed in the year 1849, page 416 of the compilation of 1854. All acts confirming and validating school society and school district meetings, and doings therein. Chapter first of '' an act concerning education," page 407 of compilation of 1854. "An Act in addition to an act, concerning educa- Acts continued in tion," passed in 1851, page 411 of compilation of °"^^' 1854. Chap, sixth of " An Act concerning education," page 439 of compilation of 1854, which acts and parts of acts above specified are, and are hereby declared to be in full force. Provided this act shall not aff'ect any suit now pend- ing. Approved, July 1st, 1856. ACTS CONTINUED IN FORCE. TITLE X. AN ACT CONCEKNING EDUCATION. CHAPTER I. Treats only of Colleges.'^ CHAPTER II. Of Coinrtion Schools and School Societies.^ Sec. 1. That no future meeting of any school socie- ^ggj ty or school district shall be deemed to be legally copy of warning -\ ^ ' -\ T,- j_ i 1 ,• .1 for school socle' warned, unless, m addition to the notice now required ty or district to be given of the time, place and object of such Jen with uiJ'^ meeting, the person or persons giving such notice '^^'^'^^' shall, on the day of giving such notice, leave a dupli- cate of the same with the clerk of such society or district, which it shall be the duty of such elerk to pre- serve on file. * Page 407, compilation of 1854. f Page 411, compilation of 1854, 32 EDUCATION. Sec. 2. That every school society, at any legal meet- ing, specially warned for that purpose, may designate the time and place of holding all subsequent annual meetings of said society, within said society's limits ; provided^ that such annual meetings be appointed at some time within the month of September, or October, in each year. CHAPTER VI. Of the ScJwol Fund:-'' Sec. 70. The commissioner of the school fund shall cause the net amount of interest received yearly on said fund, to be distributed for the benefit of the pub- lic or common schools, according to la^v. Sec. 79. The comptroller shall, on application of the committee of any school society, draw an order on the treasurer for the amount legally due such society. [The rest of this chapter relates to the school fund commissioner and the management of the school fund.] AN ACT FOR THE ESTABLISHMENT OF A STATE NORMAL SCHOOL, 1849.t Be it enacted hy the Senate and House of Repre- sentatives^ in General Assenibly conveved : A normal Sec. 1. There shall be established, as herein after Hshed. ^*''^''" provided, one normal school, or seminary, for the training of teachers in the art of instructing and gov- erning the common schools of this state; the object Its object, of which normal school or seminary shall be, not to educate teachers in the studies now required by law, but to receive such as are found competent in these studies, in the manner hereinafter provided, and train them in the best methods of teaching and conducting common schools. * Page 439, compilation of 1854. f Page 416, compilation of 1854* EDUCATION. 33 Sec. 2. There shall be appointed by the legislature Trustees. eight trustees of said normal school, one from each county in the state ; two of whom shall in the first instance hold their office for one year, two for two years, two for three years, and two for four years, the term of ofiice to be by them determined, by lot vacancies, how or otherwise ; the vacancies to be filled by appoint- ment by the legislature, for the residue of the term which shall so become vacant ; and the superintend- ent of common schools, ex officio, shall also be a member of said board. Sec. 3. The expenses necessarily incurred by said f J^4°ed^' ^"^ trustees, in the discharge of their duties, shall be defrayed out of the funds herein appropriated for the support of said school, and they shall receive no compensation for their services. Sec 4. To said board of trustees shall be committed bo^'ard o°/trus- the location of said school ; the application of the tees. funds for the support thereof; the appointment of teachers and the power of removing the same ; the power to prescribe the studies and exercises of the school, rules for its management, and granting diplo- mas ; and they shall report annually to the legisla- to report annu- ture their own doings and the progress and condition ^"y- of the school ; and the said trustees are hereby author- ized to change the location of said normal school from time to time as they deem best for the interest of said school, and for the accommodation of the pu- pils in the different parts of the state, provided suita- ble buildings and fixtures are furnished without ex- pense to the state. Seo. 5. The number of pvipils shall not exceed two Numi^er of pu- hundred and twenty, and the visitors of each school seiecTuon?'" society in the state shall be requested to forward to the superintendent of common schools, annually, the names of four persons, two of each sex, applicants for admission to said school, whom the said visitors shall certify they have examined and approved as possessed of the qualifications required of teachers of common schools in this state ; which applicants shall have given to said visitors a written declaration, signed with their own hands, that their object in seeking admission to the school is to qualify them- selves for the employment of common schoolteachers, and that it is their intention to engage in that employ- 3 34 • EDUCATION. ment in this state, which applicants the said visitors shall recommend to the trustees as suitable persons by their age, character, talents and attainments, to be received as pupils in the normal school. The trustees shall select by lot, from the whole number of appli- cants from each county, the proportion of pupils to which such county is entitled by its population, of ProYiso. male and female, each an equal number ; provided^ that not more than one shall be admitted from any school society, till each society, from which an appli- cation is made, shall have a pupil in the school. The trustees shall forward to each pupil, so appointed, a certificate of his appointment, returning also to the principal a list of pupils appointed to the school. If there shall not be a sufficient number of applicants from any county to fill the number of appointments racancTes"'*^ ^" allowcd to such county, the trustees shall fill the va- cancy by lot from among the whole number of re- maining applicants. To all pupils so admitted to the school, the tuition and all the privileges of the school shall be gratuitous. Trustees may es- SeC. 6. The Said trUStBCS are authorized to make pro- primary scliool. visions for a onodel jyrwxary school, under a perma- nent teacher approved by them, in which the pupils of the normal school shall have opportunity to prac- tice the modes of instruction and discipline inculcated in the normal school. Provision for the Sec. Y. For the support of Said normal school there aormarschooi^ is hereby appropriated the bonus derived from the " State Bank," and the interest which may accrue thereon ; from which the sum of twenty-five hundred dollars, annually, for the term of four years, shall be paid to said trustees, with said interest, by order of the comptroller on the treasurer of the state ; no part of which sum shall be expended in any building or fixtures for said school. IISTDEX. Acting School Visitors. See Visitors. Acts Repealed, . . , , , ,30 continued in force, ..... 31-33 Apparatus for schools, how furnished, . . , .30 Apypropriations, by State, to State Normal Schools, . . 34 teachers conventions, . . 29 towns for support of schools, . 21, 22 Assessments, town lists, the list for taxes in school districts, . 23 district committee to make, . . . 23 of property lying in two or more districts, how de- termined, . . . . .23 B. Bills for tuition, may be required to be paid in advance, . 23 to be collected by town or district collector, . 23 not to exceed one dollar per term for each scholar, 23 Boundary liyies of school districts, how defined, . . 10, 14 Burying Grounds, powers of school societies concerning, trans- ferred to towns, . . .... 6 C. (7er iy?ca