LB 2529 .V4 1893 Copy 1 i;;>ir,JiVai r if I '_L'_E3__hij SCHOOL LAWS OF V E I^ DNvd: O IST T IN" FORGE APRIL 1, A. D. 1893. Compiled under an Act of the Legislature WILLIAM H. TAYLOR, MEMBER OF THE.VERMONT BAR. BURLINGTON : THE PEBB PRESS ASSOCIATION, PKINTERS ANB BINDERS. 1893. LIBRARY OF CONGRESS. (SMITHSONIAN DEPOSIT.) cmp. ^"8 IS ^3 ^. Shelf ''^^(.o:. UNITED STATES OF AIEEICA. THIE SCHOOL LAWS OF ^:niTti^oirward estimates. 147. Secretary of State to procure and distribute. Section 148. Property of State; town clerk to re- claim. Prudential committee to supply in certain cases. Committee's disbursements repaid by town. Expense may be collected of parent. Towns may vote to purchase. Penalty incurred in certain cases. Note relating to effect of act abolishing office of supervisor of schools and county board of education. 149. 150. 151. 152. 153. Section 137. The county board of education shall, in the year one thousand eight hundred and ninety, and in every fifth year thereafter, select such text-books, one book of a grade in each study; except that in the first selection text-books on physiology and hygiene shall be omitted; and said board shaU, in the year one thousand ,eight hundred and^ninety- two, make a selection of text-books so omitted, to have effect until the gen- eral selection of text-books three years later. 1888, No. 9, sec. 171. See. 1890, No. 5, sec. 1, also note below. Sec. 138. The board shall complete a selection of text-books before the first day of April, and within seven days after that date shall publish a re- port thereof in all the newspapers of 'the county; and from the first day of 38 COMPILATION OF THE SCHOOL LAWS. July following until another selection is established the use of any other text-books in the studies prescribed by law in the schools of the county is prohibited. But this shall not be held to prevent the use of such books as may be supplied without expense to the pupils. 1888, No. 9, sec. 172. Sec. 139. The publisher of any book selected by said board shall be required to enter into a written agreement to furnish for sale in the towns of such county, at such prices as may be therein named for the period of five years, as many of such books as may be required, of the quality and style agreed upon with said board. 1888, No. 9, sec. 173. Sec. 140. In case of a failure to supply any of the books selected in accordance with the terms of such agreement for the full period required, said board may select other books to be used in their stead until the time of the next regular selection. 1888, No. 9, sec. 174. Sec. 141 . The chairman of said board shall arrange with one or more persons in each town to keep for sale the authorized text-books, who shall receive on the sale thereof not more than the freight and express charges and ten per cent advance upon the publishers' contract prices. 1888, No. 9, see. 175. Sec. 142. Payment of the expense of pubhshing the report of the board shall be made by the supervisor, who shall be allowed the same in the settlement of his accounts. 1888, No. 9, sec. 176. Sec. 143. If a member of the text-book board shall directly or indi- rectly accept any appointment, gift, private compensation, or promise of reward, for his action in the selection of text-books, he shall be fined not exceeding one thousand dollars and imprisoned not more than one year. 1888, No. 9, sec. 177. Sec. 144. Text-books on physiology and hygiene shall be furnished pupils in the public schools, at the expense of the State, until July 1, 1895. 1888, No. 9, sec. 178. Sec. 145. The regulations before prescribed for the supply and re- turn of such books shall continue in force until changed by the county text- book board; and the duties performed by town superintendents under such regulations shall, after, the first day of April next [1889], be performed by the town clerks. 1888, No. 9, sec. 179. COMPILATION OF THE SCHOOL LAWS. 39 Sec. 146. Town clerks shall annually, in the month of April, estimate the number of such books of each kind needed for the school year next ensuing, and forward such estimates to the secretary of State. 1888, No. 9, sec. ISO. Sec. 147. The secretary of State, having received such estimates, shall procure the required books from the contractors and forward the same at the expense of the State to the town clerks; and he shall keep a record of the books ordered, received and distributed, and shall certify to the auditor the amounts due the contractors; and the auditor shall draw orders therefor. 1888, No. 9, sec. 181. Sec. 148. Such books shall remain the property of the State. Town clerks shall distribute them as the regulations prescribe, and reclaim them when required by such regulations. 1888, No. 9, sec. 182. Sec. 149. When a pupil is not provided with the required text-books, other than those furnished by the State, the teacher shall notify the pru- dential committee, [or school directors], and such committee [or dhectors] shall thereupon give notice of such deficiency to the parent, master or guardian of such pupil ; and if the person notified fails to supply such pupil within one week, the prudential committee [or directors] shall supply him. 1888, No. 9, sec. 183. See see. 69, ante, for school directors' authority. Sec. 150. The prudential committee [or school directors] shall give written notice to the selectmen of the name of each pupil supplied by him, [or them], the name of his parent, master or guardian, and the cost of the books suppKed ; and shall receive from the selectmen an order on the town treasurer for the money so expended. 1888, No. 9, sec. I84. Sec. 151. The selectmen shall, in assessing the next annual tax, add the sum so expended for any pupil to the tax of the parent, master or guardian of such pupil, or may omit a part or all of said sum if such per- son is unable to pay the same. The amount so added shaU be collected and paid into the treasury like a town tax. 1888, No. 9, see. 185. Sec. 152. Any town or district may purchase and hold text-books for use in its schools, if it so votes in a meetmg warned for that purpose. 1888, No. 9, sec. 186. 40 COMPILATION OP THE SCHOOL LAWS. Sec. 153. If the superintendent of education or a town superintend- ent of schools, member of a text-book board, or any teacher in a public school, or other person officially connected with the direction of any public school, shall directly or indirectly receive any gratuity or compensation for recommending or procuring the adoption of a school book, or the purchase of any school apparatus, furniture or other school supplies, in any public school of this State, such person shall be fined not less than twenty nor more than one hundred dollars. 1888, No. 9, sec. 187, [Note. — Sections 137, 140, 142 and 143 are rendered inoperative by No. 5 of the acts of 1890, sec. 1, which abolishes the office of county supervisor and county board of education ; and other sections of the chapter are limited in their provisions by the same act. It is thought best, however, to preserve the chapter intact, so that the provisions of the sections and parts of sections still in operation may be better understood.] CHAPTER XI. MISCELLANEOUS PROVISIONS. Section. | Section. 154. School district records preserved by | 156, School directors in towns already the town. | using town system coQtinued in 155. Statutes relating to school districts, I office. etc.; repeal. 1157. Validity of teachers' certificates Section 154. The records of the districts hereby abolished shall be preserved by the town. 1892, No. 20, sec. 16. Sec 155. The provisions of all statutes now in force relating to school districts and school officers and their duties, shall be in force so far as the same are consistent with this act; and all acts and parts of acts inconsistent with this act are hereby repealed. 1892, No. 20, sec. 17. Sec. 156. In towns where the town system has already been adopted the present school directors shall serve until the expiration of their repect- ive term or terms. 1892, No. 21, sec. 32. Sec. 157. AU teachers' certificates in force at the time of the passage of this act [Nov. 26th, 1890,] shall be vahd for such time as they were originally issued. 1890, No. 5, sec. 17. COMPILATION OF THE SCHOOL LAWS. 41 PART II. Special Provisions Relating to Incorporated School Districts and School Districts in Unor- ganized Towns and Gores. CHAPTER XII. SCHOOL DISTRICTS. Section 158. I. ORGANIZATION. Organization in gores and unorgan- ized towns. 158 a. First meeting, how called. 159. District a corporation. II. OITICEES. 160. District officers, term of service. 161. Prudential committee. 162. Term of, in certain cases. 163. Discontinuance of prudential com- mittee. 164. Collector of taxes may be district collector. 165. Moderator. 166. Clerk. 167. Clerk to notify town clerk. 168. Duties of other officers ; funds; va- cancy. 169. Care of school house and grounds. Section 170. To employ teachers and inspect schools. 171. Use of school house for certain pur- poses. 173 Committee to perform duties of clerk. 173. To draw orders; prohibition. 174. Liable for unlawful payment. 175. Vacancies, how filled. III. MEETINGS. 176. Annual and special meetings. 177. Time of holding annual meetings in incorporated school districts. 178. Notifications of meetings. 179. Votes; challenges. 180. Construction of words herein. 181. Penalty for neglect to notify meet- ings. I. ORGANIZATION. Section. 158. The selectmen of a town, on the application of three voters in an adjoining unorganized town or gore, may divide such town or gore into as many school districts as may be needed, and number such dis- tricts and organize them in the manner j)rovided in the preceding [follow- ing] section. The selectmen acting under this section shall cause their pro- ceedings to be recorded in the office of the clerk of the county in which such town or gore is situated and waive reasonable compensation from the petitioners. 1888, No. 9, sec. 70. Sec. 158 a. The selectmen shall call a meeting in such district by post- ing up a notice thereof, specifying the time, place and business of the meet- ing, in two of the most public places in such district, at least seven daysbe- 4 42 COMPILATION OF THE SCHOOL LAWS. fore the time tliereiii specified. One of the selectmen shall preside in the meeting untU a moderator and clerk are chosen, when the district shall be held to be organized. 1888, No. 9, sec. 69, amended by 1892, No. 20, sec. 1. Sec. 159. A school district, legally organized, shall be a body politic and corporate, with the powers of a corporation for maintaining schools in such district, and by its corporate name may sue and be s^^ed, and may take, hold and convey real and personal estate. 1888, No. 9, sec. 71. II, OFFICERS. Sec. 160. A school district shall, at its organization, and at each an- nual meeting thereafter, elect from among the legal voters of such district a moderator, clerk, collector, treasurer, one or three auditors and a pruden- tial committee of one person unless the district shall vote to have the pru- dential committee of three, provided for in the succeeding section. The term of office of such officers shall commence at the time of their election and continue until their successors are chosen, but if the prudential com- mittee is absent more than three months from the district, his office shall be deemed vacant. 1888, No. 9, sec. 73. Sec. 161. A school district may, at its organization, or at its annual meeting, elect a prudential committee of three persons, one of whom shall be chosen for one year, one for two years, and one for three years ; and un- til such district shall vote to discontmue such committee of three such dis- trict, shall upon the expiration of the term of office of a member of such committee, elect a successor for three years, and may at any meeting fill a vacancy occurring in said committee. 1888, No. 9, sec. 7^. Sec. 162, If such a committee is elected at the organization of the dis- trict, and such organization is not at the time fixed for an annual meeting, the time between the organization and the next annual meeting shall be ac- counted the first year of said terms. 1888, No. 9, sec. 75. Sec. 163. When a district has voted to discontinue such committee of three, it shall not elect successors to the members as their terms expire, and the remaining members or member of such committee shall be the commit- tee of the district until the expiration of the tei'm which is last to expire. 1888, No. 9, sec. 76. Sec. 164. A school district may elect the collector of town taxes, al- though not an inhabitant of the district, to be collector of such district, if COMPILATION OF THE SCHOOL LAWS. 43 he will accept the office in writing; and such acceptance shall be recorded by the district clerk. 1888, No. 9, sec. 77. Sec. 165. The moderator shall preside at school district meetings. In case of his absence from a meeting a moderator p?^o tempore maybe chosen to preside at such meeting. 1888, No. 9, sec. 78. Sec. 166. The clerk shall keep a record of the votes and proceedings of school district meetings, and give certified copies thereof when required; and for a tviUf ul neglect of such duty he shall forfeit twenty dollars to the district, to be recovered in an action on this statute. 1888, No. 9, sec. 78. Sec. 167. The clerk shall, within ten days after his election or appoint- ment, give notice thereof, and of the number of his district, to the town clerk; and if he fail to do so he shall receive no compensation for making re- turns to the town clerk's office. 1888, No. 9, sec. 80. Sec. 168. The duties of school district collectors, treasurers and audi- tors, shall be hke those of town collectors, town treasurers and town audi- toi's. A district collector or treasurer shall, before entering upon his duties, if requhed by vote of the district or by the prudential committee, give bonds to the district for the faithful discharge of his duties, in such sum as may be required; and if a collector or treasurer neglects for ten days to give bonds as required, such office shall be vacant. 1888, No. 9, sec. 81. Sec. 169. The prudential committee shaU have the care of the school house and grounds, and shall keep the same in good order, and if there is no school house, shall provide a suitable place for the school;iand he shall see that fuel, furniture and aU things necessary for the school are provided. 1888, No. 9, sec. S3. Sec. 170. The prudential committee shall emj)loy a teacher to instruct the school, and may remove him when necesskry, and he shall adopt requi- site measures, not in conflict with those of the town superintendent of schools, for the inspection, examination, regulation and improvement of the school. 1888, No. 9, sec. 83, amended by 1890, No. 5, sec. 2. Sec. 171. The prudential committee of a district which has not by vote restricted the action of its committee in the matter, may permit the free use of the school house for religious meetings, lectures, music schools, kin- 44 COMPILATION or THE SCHOOL LAWS. dergarten schools and like purposes, when such use will not interfere with the schools or meetings of the district. 1888, No. 9, sec. 84. Sec. 172. In the absence or disability of the clerk, the prudential com- mittee shall discharge the duties of the clerk, and shall be under the same penalties for a failure therein. 1888, No. 9, sec. 85. Sec. 173. The prudential committee shall draw orders upon the treas- urer for all sums due from the district; but a prudential committee shall not authorize the payment of the moneys of the district to a teacher employed therein who did not obtain a certificate as required by law, or to a teacher whose certificate has been revoked or annulled. 1888, No. 9, sec. 86. Sec. 174. If a prudential committee shall authorize a payment prohib- ited in the preceding section, such committee shall be liable to the district for the moneys so paid, to be recovered in an action on this statute; and the town agent shaU prosecute such action at the expense and in the name of such district. 1888, No. 9, sec. 87. Sec. 175. When a vacancy occurs in the office of clerk, collector or treasurer of a school district, or in the office of prudential committee in a district whose committee consists of one person, the selectmen of the town shall fill such vacancy until a new election is made by the appointment of a legal voter of such district, and the district at a special meeting may make a new election. 1888, No. 9, sec. 88. III. Meetings. Sec. 176. The annual school meeting shall be held in each district on the last Tuesday in March; and special meetings shall be warned whenever applied for in writing by three voters of the district. 1888, No. 9, sec. 89, amended by 1890, No. 5, sec. 18. Sec. 177. Nothing in this act shall be so construed as to interfere with the arrangements of any school organized under special acts of the legisla- ture as regards the time for holding their annual meeting. 1890, No. 5. sec. IS. Sec. 178. School meetings shall be warned by the clerk, or, in case of his absence or neglect, by one of the prudential committee, by posting up, in two of the most public places in the district, at least seven days before COMPILATION OF THE SCHOOL LAWS. 45 the time of the meeting, notices stating the time and place of meeting and the business to be transacted or considered. ISSS, No. 9, sec. 90. Sec. 179. Persons residing m a school district and quahfied to vote in town meeting, shall be voters in school district meetings ; and if a person offering to vote is challenged, the moderator at such meeting, the clerk, and the members of the prudential committee present, shall decide as to his right to vote. 1S88, No. 9, sec. 91. Sec. 180. The word " meeting" as applied to school district meetings when used in this act, shaU mean a school district meeting warned as above provided; and any authority given a district in this act to take any action •'by vote," or " by a two-thirds vote," shall mean by vote or by a two-thirds vote, in such a meeting. 1888, No. 9, sec. 93. Sec. 181. If a person whose duty it is to warn a school district meet- ing neglects to do so for ten days after apphcation made as provided bylaw, he shall forfeit to said district twenty doUars for each ten days' neglect, to be recovered in an action on this statute. 1888, No. 9, sec. 94. CHAPTER XIII. MAINTENANCE OF SCHOOLS BY SCHOOL DISTRICTS. Section I. SCHOOLS AND INSTRUCTION. 183. Studies prescribed. 183. Instruction in vocal music. 184. Additional schools. 185. Higher English studies permitted in certain cases. 186. Languages in certain cases. 187. Assignment of pupils. 188. Special superintendent of schools. II. INSTRUCTION IN OTHER SCHOOLS. 189. 190. 191. Instruction in adjoining districts. Admission of pupils from other dis- tricts. Such district deemed to have support- ed school. Section 192. Sending pupils to academy. 193. When district deemed to have sup- ported school. 1 94. Returns of attendants under contract. 195. Liraitation of contract. 196. When schools shall be kept. 197. Petition to selectmen and hearing. 198. School provided by selectmen. 199. Selectmen may assess tax to support school. 200. Eight to public money. 201. Kindergarten schools. 302. Places of attendance. 203. Evening schools. 203 a. Clerk to prepare census of children of school age. I. SCHOOLS AND INSTRUCTION. Section 182. All pupils shall be thoroughly instructed in good be- havior, reading, writing, spelling, English gi-ammar, geography, arithme- 46 COMPILATION OF THE SCHOOL LAWS. tic, free-hand drawing, the history and constitution of the United States, and in elementary physiology and hygiene, giving special prominence to the nature of alcoholic drinks and narcotics, and their effect upon the human system ; and shall receive special instruction in the geography, history, constitution and principles of the government of Vermont. 1S8S, No. 9, sec. 95. Sec. 183. The prudential committee of any district may, if it seems desirable, provide for daily instruction in vocal music by the regular teacher; and any district may, at any regular meeting, instruct its com- mittee to provide for such instruction in vocal music by a teacher em- ployed for that purpose, as it may deem advisable. 18S8, No. 9, sec. 96. Sec. 184. If the pupils of a district are so numerous as to require more than one teacher, the district may by vote provide for as many schools, or a school of as many departments, as may be needed. 1SS8, No. 9, sec. 99. Sec. 185. In a district having more than one school, or a school of more than one department, the prudential committee may jirovide for the free instruction of advanced pupils in the higher branches of English study. 1888, No. 9, sec. 100. Sec. 186. A district which has made provision for the regular main- tenance of schools to be taught by three or more teachers, may by vote direct the teaching of ancient and foreign languages in one or more of such schools. 1888, No. 9, sec. 101. Sec. 187. When a district has more than one school, or a school of more than one department, the prudential committee, or a committee chosen by such disti'ict for the i^urpose, shall examine as to the qualifica- tions of the pupils, and designate the school or department which each pupil shall attend. 1888, No. 9, sec. 103. Sec. 188. A district maintaining schools taught by twelve or more teachers, may by vote direct its prudential committee to employ a person for the special supervision of such schools; and a person so employed shall, under the general direction of the prudential committee and subject to the control of the town superintendent of schools, superintend the work of the teachers, and perform the duties of the prudential committee in the inspec- tion, examination and regulation of schools. 1888, No. 9, sec. I04, amended by 1890, No. 5, see. 2, COMPILATION OF THE SCHOOL LAWS. . 47 II. INSTRUCTION PROCUKED BY DISTRICT IN OTHER SCHOOLS. Section 189. A district may, tinder an appropriate article in the warn- ing, by a two-thirds vote, authorize its prudential committee to arrange for the iastruction of all its legal pupils, in the studies prescribed by law, in the schools of an adjoining district or districts, or in the most convenient schools of an adjoining town or towns in another state, and may authorize the transportation of such pupUs to and from school. 1888, No. 9, sec. 105. Sec. 190. A prudential committee may, for a reasonable compensa- tion to be paid into the treasury of the district, admit to the school under his charge, the pupUs of an adjoining district, by arrangement with the prudential committee of such district. 1888, No. 9, sec. 106. Sec. 191. If such pupils ai"e provided with not less than twenty-four weeks of instruction within the school year, including such as may have been had in the district of their residence, such district shall be held to have supported a school as required by law, and shall be entitled to its share of the pubhc moneys the same as if a school had been maintained in the district, and the attendance had been in such school. 1888, No. 9, sec. 107. Sec. 192. A district in a town in which an academy is located may by vote direct its prudential committee to aiTange with the officers of such academy for the instruction in such academy of all or a part of the legal pupils of said district in the studies prescribed by law; and if such district contiuues to maintain a school, it may provide for the instruction of its pupils sent to the academy in the higher branches of English study; and if such district continues to maintain schools taught by three or more teach- ers, it may jDrovide for the instruction of its pupils sent to the academy in ancient and foreign languages. 1888, No. 9, sec. 108. Sec. 193. When an arrangement with an academy is such that no school is kept in the district, if all the legal pupils of the district are pro- vided with not less than twenty-four weeks of instruction in the school year, including any that may have been had in the district before the discontinuance of its school, the district shall be held to have supported a school as required by law, and shall be entitled to its share of the public moneys ; and the attendance at an academy of any pupil under an arrangement of the prudential committee as above provided, shall, in the division of public moneys, be ti-eated as an attendance in the school of said district. 1888, No. 9, sec. 109. 48 COMPILATION OF THE SCHOOL LAWS. Sec. 194. A contract for the instruction of the pupils of a district out of the state or in an academy, shall provide for the keeping and return to the clerk of such district of the attendance of such pupils, in such manner as the keeping and return of attendance is required by law in the school districts of this state; and if such provision of the contract is not complied with, all right to compensation for the instruction of such pupils shall be forfeited. 1888, No. 9, 110. Sec. 195. A contract made by a district for the instruction of its puplis under the above provision, shall not be for a longer period than two years from the commencement of the term next following the making of such contract, and may at any time be modified by legislation; and nothing in such provision or contract shall be held to relieve a district from its obligation to provide for the instruction of all its legal pupils in the studies prescribed by law for the full time required. 1888, No. 9, sec. 111. III. INSTRUCTION WHEN DISTRICT FAILS TO PROVIDE IT. Sec. 193. The instruction of the legal pupils of a district in the studies prescribed by law shall be for two or more terms in each year, of which no term shall be less than eight weeks, and all of which shall amount to twenty-four weeks. If a district does not at least thirty-six weeks before the first day of April commence the first term of instruction, or does not at least twenty weeks before said date commence the second term of instruction, or if the full period of instruction required is not com- pleted by the second term, does not at least ten weeks before said date commence a third term of instruction, or if said district after commenc- ing either of said terms shall discontinue the same before the expiration of the time required, the instruction which the district so fails to provide may be secured in the manner hereinafter provided. 1888, No. 9, sec. 112, amended hy 1890, No. 5, sec. 2. Sec. 197. Any voter in said district may present to the selectmen of the town a petition in writing, setting forth the neglect of the district, and asking that instruction be provided. Upon receiving such petition, the selectmen shall fix a time and place for hearing thereon, and, if the district has elected ofiicers, shall direct that said petition and notice of the time and place of hearing be served upon the prudential committee of the dis- trict, like a writ of summons, at least six days before the time of hearing. 1888, No. 9, sec. US. Sec. 198. At the time and place appointed, upon proof of notice to the committee, if notice was required, the selectmen shall proceed to a hearing. COMPILATION" OF THE SCHOOL LAWS. 49 and if upon hearing they find the statements of the petition to be true, they shall forthwith declare the offices in the district vacant, if the district has elected officers, and shall make provision for the instruction of the legal pupils of the district, either in the district or elsewhere, at the times and for the length of time required, or for so much thereof as the district has failed to provide. 18S8, No. 9, sec. lU- Sec. 199. The selectmen may, without vote of the district, assess a tax upon the grand list of the district, sufficient to defray the expense of such instruction, including the expense of transportation if the pupils are sent out of the district, and shall make a rate-bill therefor. The town col- lector shall collect siich tax, and in such collection shall have the same powers and be subject to the same liabilities as in the collection of town taxes. The moneys collected shall be paid to the selectmen, who shall de- fray therewith, and with any public moneys coming to said district, the expenses incurred as above provided. 1888, No. 9, sec. 115. Sec. 200. If the instruction furnished by the selectmen, together with that furnished by the district, if any, before petition is made to the select- men, amounts to the number of weeks required by law, such district shall be entitled to its share of the public moneys, notwithstanding the want of official certificates in the register. 1888, No. 9, sec. 116. Sec. 201. A district may by vote provide a kindergarten school for the instruction of children under five years of age residing in the district; and when such a school is maintained it shall be attended by such pupils over five years of age as the prudential committee may designate. 1888, No. 9, sec. 151. Sec. 202. For pubhc school instruction in the branches prescribed by law, a pupU shall attend the school provided by the district in which he resides. The prudential committee of a district maintaining a school for advanced pupils may permit non-residents to attend such school upon the payment of reasonable tuition. i 1888, No. 9, sec. 152. Sec. 203. A district may by vote estabhsh evening schools, and may maintain the same as day schools are maintained; and each session of an evening school may be treated as a half -day session of a public school. 1888, No. 9, sec. 165. Sec. 203 a. The clerk or each school district shall annually, during the last two weeks of the school year, prepare an accurate list containing 50 COMPILATION OF THE SCHOOL LAWS. the name and age of each child of school age residing in the district, and the name of the parent or other person having control of such child; and he shaU keep such list on file, and make such report therefrom as the superin- tendent of education may require. 1888, No. 9, sec. 168. See sees. 98 and 100. CHAPTER XIV. SCHOOL TAXES AND SCHOOL MONEY. Section I. SCHOOL DISTRICT TAXES 204. District list. 205. Taxes. 206. Kate-bill and warrant. 207. Deduction for payment before fixed. 208. Time and place appointed for pay- ment. 209. Exemption and abatement. 210. Board of abatement. 211. Powers of collector, etc. 213. Collector to submit tax book. 213. Tax to pay executien. II. TOWN SCHOOL TAXES. 214. Town may lay tax to support school. 215. State school tax. Section 216. Penalty for neglect to draw order. 217. Disposal of penalty. 218. Actionof grand jury. 219. Duty of town superintendent. III. DIVISION OP PUBLIC MONEYS. 220. Selectmen to divide. 221. Graded school district to have share of public money. 222. Division by dista-ict. 223. Division on attendance. 224. When district shall be denied share. 2;i5. Conditions. 226. When district may receive additional amount. 227. Forfeiture. 228. Town superintendent, his duties as to public money. I. SCHOOL DISTRICT TAXES. Section 204. The grand list of a school district shall be made up of the polls of inhabitants of the district, of the real estate lying in the dis- trict, and of the personal estate taxable therein ; and real estate shall be taxed for school purposes only in the district in vrhich it is situated. 1888, No. 9, sec. 200. Sec. 205. A school district may, by vote, raise a tax upon its list for the support of schools therein; and all expenses incurred by a district for the support of schools, in excess of public moneys received by the district, shall be so defrayed. 1888, No. 9, sec. 201. Sec. 206. The prudential committee shall, as soon after such vote as circumstances may require, assess a tax for the amount voted to be raised, and make out a rate bill of the same; and any justice of a county in vrhich the v^^hole or part of such district is situated, shall, on application, make out a warrant directed to the district collector, authorizing and requiring COMPILATION OF THE SCHOOL LAWS. 51 him to levy and collect such tax within the time limited in such warrant, and pay the same to the treasurer of the district. 1888, No. 9, sec. 202. Sec. 207. A district may by vote, at the meeting at which a tax is voted, direct the collector to deduct a per cent fixed by said vote, from the tax of a person who shall pay his tax before a day fixed by said vote. A collector shall make no deduction in favor of a person who does not pay his tax before the day fixed. 1888, No. 9, sec. 203. Sec. 208. The collector of a tax from which deduction may be had as above provided, shall appoint a day within the time limited, and a place withia the district, when and where he will attend to and receive such tax ; and shall post a notification thereof in three public places in the district, and publish the same in each newspaper printed in the district at least ten days before the time appointed ; and shall attend at the same time and place appointed to receive payment of such tax. 1888, No. 9, see. 204. Sec. 209. A district may, by a two-thirds vote, instruct the pruden- tial committee to omit, in making up a tax-bill, the names of such persons as are unable to pay their proportion of the tax; and a district may by a two-thirds vote remit or make abatement on a tax-bill to an amount not exceeding five per cent of the same. 1888, No. 9, sec. 205. Sec. 210. The officers of a school district, except the collector, shall be a board for the abatement of district taxes, and as such board shall have the powers which the board for the abatement of town taxes has in the abatement of town taxes. A majority of -such officers shall constitute a quorum. The prudential committee, on request of the collector, shall call a meeting of said board in the month of March in each year, previous to the annual school meeting, by posting notice therefor in three public places in said district at least five days before such meeting. 1888, No 9, sec. 206, amended by 1890, No. 5, sec. 2. Sec. 211. The district collector shall proceed in the same manner and have the same powers in levying and collecting district taxes, as town collectors in levying and collecting town taxes, and shall within the time limited collect and pay the same to the district treasurer; and the pruden. tial committee shall have the same authority to enforce the collection and payment of district taxes that town treasurers have to enforce the collec- tion and payment of town taxes. 1888, No. 9, sec. 207. 52 COMPILATION OF THE SCHOOL LAWS. Sec. 212. A district collector shall, on the written request of one of the prudential committee, pay to the district treasurer all moneys belong- ing to the district collected by him up to that time, and submit his tax- book and list to said Treasurer for inspection and computation ; and if a collector shall neglect so to do for ten days after receiving such request,he shall forfeit to the district one hundred dollars, to be recovered in an action on this statue, and his office shall be vacant. 18S8, No. 9, sec. 208. Sec. 213. When a demand is naade upon a school district for the pay- ment of an execution issued against it, and the district has no available funds to pay the same, the prudential committee shall forthwith assess, and have collected, a tax sufficient to pay such execution and the charges and twelve per cent interest, in the same manner as a tax voted by the district is assessed and collected. 1888, No. 9, sec. 209. n. TOWN SCHOOL TAXES. Sec. 214. A town may at an annual meeting, or at a meeting warned for that pm-pose, raise money for the use of schools, by a tax on the list of such town. 1888, No. 9, sec. 227 Sec. 215. If in any year the income appropriated for the use of schools in a town, (excluding the income from the Huntington fund), with any tax voted by town, after deducting one-half the income of the United States deposit money, amounts to a less svmi than twelve per cent of the grand list of the town, the selectmen shall draw an order on the town treasurer on or before the fifteenth day of March for such amount as such svmi is less than such twelve per cent, for the use of schools in such toAvn. 1888, No. 9, sec. 228, amended by 1890, No. 5, sec. 2. Sec. 216. If the selectmen do not draw an order as provided in the preceding section, and appropriate the amount of such order for the sup- port of schools as provided by law, the town shall forfeit to the county a sum equal to double the amount for which the selectmen are required to draw an order, to be recovered by information or indictment in the county court. 1888, No. 9, sec. 229. Sec. 217. One-fourth of such penalty shall be for the use of the county, and three-fourths shall be paid to the selectmen for the use of schools in such towns; and the treasurer of the county, immediately after the receipt of such money, shall give notice thereof to the selectmen of the COMPILATION OF THE SCHOOL LAWS. 53 town, who shall forthwith receive, apportion and appropriate the same to the support of schools in such town, in the manner herein provided. ISSS, Xo. 9, sec. 230. Sec. 318. Grand juries shall annually inquire whether towns in their counties have appropriated and expended the required sum for the support of schools as provided in this chapter, and in case of neglect they shall present their indictment thereof to the court. ISSS, Xo. 9, sec. 231. Sec. 219. The town superintendent of schools shall learn if the re- quirements of this chapter relating to the appropriation and expenditure of moneys from the town treasury for the support of schools are complied with, and in case of a non-compliance he shall bring the matter to the attention of the State's attorney or grand jury. 1S8S, Xo. 9, sec. 232, amended by 1S90, Xo. 5, sec. 2. III. DIVISION OF PUBLIC MONEYS. Sec. 220. The selectmen of such town shall annually.on the Friday next preceding the last Tuesday of March. divide the school moneys in the treasury of such town among the school districts in such town; and such moneys shall be paid over, under the direction of the selectmen, to the treasurers of the several districts. ISSS, Xo. 9, sec. 233, amended by 1S90, Xo. 5, sec. 2. Sec. 221. A graded school district in a town having the town system shall receive from the public moneys of such town a share which shall bear such proportion to the whole amount of public moneys as the aggre- gate attendance in such district bears to the aggi'egate attendance of the whole town. ISSS, Xo. 9, sec. Ul, amended by 1892, Xo. 20, sec. 1. Sec. 222. If the sum for division does not exceed twelve hundred dollars, one-half thereof; if such sum exceeds twelve hundred dollars and does not exceed twenty-four hundred dollars, one-half of the first twelve hundred dollars and one-sixth of the remainder; if such sum exceeds twenty-four hundred dollars and does not exceed thirty-six hundred dol- lars, one-half of the first twelve hundred dollars, one-sixth of the second twelve hundred dollars, and one-twelfth of the remainder; if such sum exceeds thirty-six hundred dollars, nine hundred dollars of such sum shall be divided among the school districts in each town equally, except as is otherwise provided in the case of districts only partially situated in the town. 1888, Xo. 9, sec. 234. See see. ISO, ante. 54 COMPILATION OF THE SCHOOL LAWS. Sec. 223. The remainder of such moneys shall be divided among the districts in the town in proportion to the aggregate attendance of pupils between the ages of five and twenty years upon the schools of the district during the preceding school year, except as otherwise provided in the case of districts only partially situated in the town; such aggregate attendance to be ascertained from the records thereof kept in the registers of such schools by adding together the number of days of actual attendance of each pupil between the ages of five and eighteen years. 1888, No. 9, sec. 835. Sec. 224. Before making such division the selectmen shall carefully examine the entries in each register, and ascertain whether a school has been kept in the district twenty-four weeks during the school year, and whether it appears from the certificate of the prudential committee that such school was kept by teachers duly licensed; and whether the entries required to be made by the district clerk have been made as required; and no public money shall be distributed to a school district unless such dis- trict has supported a school twenty-four weeks during the school year; nor unless the register contains the certificate of the prudential committee as to the date and character, of the certificates of the teacliers, nor unless it appears from such certificates that such school was taught the entire twenty-four weeks by licensed teachers, nor unless the register has been properly filled out by the district clerk. 1888, No. 9, sec. 236. Sec. 225. The prudential committee, or if he is disabled from doing so, some other person having knowledge in the matter, shall on or before the first day of April in each year, return to the town clerk a statement under oath of the actual cash expenditure of the district for the preceding school year for school purposes other than the construction or repair of buildings; and no district shall be entitled to receive any portion of its school moneys unless such return is so made. No district shall receive from the town the full amount of its school moneys unless it has actually expended during such preceding school year for school purposes, other than the construction or repair of buildings, a sum equal to the amount of its school moneys for such year, exclusive of private bequests, and one- tenth of its grand list for such preceding year, and the sum paid to a school district in any one year shall be diminished by the amount by which the sum actually so expended by the district in such preceding year, is less than the school moneys, exclusive of private bequests and one-tenth the grand list of the district for such preceding year. And such difference in- stead of being paid to the district shall be distributed to the remaining school districts in town entitled to the same upon the aggregate attend- ance in such district. 1888, No, 9, sec. 237, amended by 1890, No. 5, sec. S. COMPILATION OF THE SCHOOL LAWS. 55 Sec. 326. When a district actually expends in any school year, in the maintenance of a legal public school, (for not more than twenty-four weeks), other than in the construction and repair of buildings, a sum greater than the amount of its school moneys for that year and one-third of its grand list, it shall receive from the town one-half of such excess, provided such expenditure be reasonable. And if the selectmen and pru- dential committee cannot agree as to this, the certificate of the town super- intendent for the county [town] shall be final. Such excess shall be paid over by the town at the same time with the school moneys, or as soon thereafter as the certificate of the town superintendent is furnished. 1888, No. 9, sec. 238, amended by 1890, No. 5, sec. 2. Sec. 227. A prudential committee who knowingly shall make a false certificate as to the date and character of teachers' certificates, or a false statement of the amount expended, or a district clerk who knowingly shall make false answers to the inquiries contained in the register, or a select- man who shall knowingly distribute public money to a school district not entitled thereto, shall forfeit to the town one hundred dollars, to be re- covered in an action on this statute. 1888, No. 9, sec. 240. Sec. 228. The town superintendent of schools shall annually make in- quiry as to the division of the public money, and report to the town any violation of the requirements of the law. 1888, No. 9, sec. 241, amended by 1890, No. 5, sec. 2. CHAPTER XV. SCHOOL HOUSES. Sectioh 229. Tax to provide school house. 230. Purchasing or building committee. 231. Action upon recommendation of town superintendent. 232. Location. 233. Application to selectmen by commit- tee. 234. Application by voters. 235. Duty of selectmen. 236. Application on neglect to build or re- pair school house. 237. Notice of healing. 238. Hearing and order. 239. Proceedings in non-compliance of district. Section 240. Assessment of tax by selectmen. 241. Eecord. 242. Location in non-agreement of select- men. 243. Taking land for school purposes. 244. Removal of buildings, etc. 245. Record. 246. Award. 247. Petition to county court. 248. Notice of hearing report. 249. When lands are mortgaged. 250. Title to vest, when. 251. Sale of school house. Section 229. A school district may by vote raise a tax on its list to pur- chase or hire lands or buildings for school purposes, and to build, repair 56 COMPILATION OF THE SCHOOL LAWS. or furnish a school house, or as many school houses as may be needed for the schools of the district. 1888, No. 9, sec. U5. Sec. 330. A school district may elect a special committee to purchase or hire lands or buildings for school purposes, or to superintend the build- ing or repairing of a school house, or to procure necessary furniture and utensils therefor. 1888, No. 9, sec. 24.6. Sec. 331. A prudential committee receiving a report from the town superintendent of schools recommending the repair or furnishing of a school house, and not complying with the recommendations in such re- port, shall cause such articles to be inserted in the notice of the next meeting of the district as will enable the district to act upon such recom- mendations. 1888, No. 9, sec. S 47,' amended hy 1890, No. 5, sec. 2. Sec. 333. A district taking measures to provide a building to be oc- cupied as a school house, as authorized in section two hundred and forty- five, [Section 839], may, at the same meeting, by a two-thirds vote, deter- mine the location of the school house. 1888, No. 9, sec. 248. Sec. 833. If the district fails to agree upon such location, the select- men of the town or towns in which such district is situated may, upon ap- plication of the prudential committee, determine such location, 1888, No. 9, sec. 249. Sec, 334. If the prudential committee neglects for five days to apply to the selectmen, three voters of the district may apply in writing to such selectmen, stating the neglect of the prudential committee, and petition- ing the selectmen to fix upon a location, 1888, No. 9, sec. 250. Sec. 835. The selectmen so applied to, shall forthwith give notice of a hearing, in the same manner as school district meetings are warned, and shall hear the petitioners and persons interested; and if the failure of the district to determine a location, and of the prudential committee to apply within the limited time appears at such hearing, the selectmen shall de- termine such location, and shall make return of the application and of their doings thereon to the district clerk, who sliall record the same, 1888, No. 9, sec. 251. » Sec. 386. If a district neglects for two years to provide suitable school-houses, orneglects for one year to make the repairs or do the fur- COMPILATION OF THE SCHOOL LAWS. 57 nishing recomraended by the town superintendent of schools, application for an order in the matter maybe made by two voters of the district to the selectmen of the town or towns in which the district is situated. 1888, No. 9, see. 252, amended by 1890, No. 5, sec. 2. Sec. 237. Such selectmen shall appoint a time and place for hearing the applicants and persons interested, and shall cause the applicants to give notice to such district of such application, and of the time and place of hearing, which notice shall be served upon the district like a writ of summons, at least twenty days before the time appointed for hearing. 1888, No. 9, sec. 253. Sec. 238. If it appears on hearing that the district is guilty of the neglect charged, and that the interests of education in the district require an order in the matter, the selectmen shall order the district to provide a school house, or to make the repairs or do the furnishingrecommendedby the town superintendent as the case may be, which order shall be served on the district like ordinary process in civil causes. 1888, No. 9, sec. 254, amended hy 1890, No. 5, sec. 2. Sec. 239. If the district fails to comply with such order within six months after service thereof, the selectmen who made the order, or their successors in office, shall provide the school-house, or make the repairs or do the furnishing required by their order ; and when providing a school- house, they shall provide suitable out-buildings and grounds therefor. 1888, No. 9, sec. 255. Sec. 240. The selectmen may assess a tax upon the district list for the amount required for the purposes aforesaid, and make out a rate bill therefor ; and said tax shall be collected by the collector of the town in which the school-house is located, in the same manner as town taxes are collected, and shall be paid to the selectmen and be used by them for the purposes aforesaid. 1888, No. 9, sec. 256. Sec. 241. The proceedings under the five preceding sections shall be recorded in the office of the clerk of the town jn which the school-house is located, and copies of such record, certified by such clerk, shall be evi- dence in the courts. 1888, No. 9, sec. 257. Sec. 242. When it devolves upon the selectmen to locate or build a school-house, if a majority of such selectmen cannot agree upon a location therefor, they shall forthwith make a return of the application made to them and of their failure to agree, to the district clerk, who shall make a 58 COMPILATION OF THE SCHOOL LAWS. record of the same. In such case three voters of the district may apply in writing to an assistant judge of the county court to determine the loca- tion of such school-house ; and such judge shall give notice of a hearing, hear, determine the matter, and make return of his proceedings, and such proceedings shall be recorded, as provided in case of the location of a school-house by selectmen; and the assistant judge shall for his services be paid by the district three dollars a day and his expenses. 1888, No. 9, sec. 258. Sec. 243. When a school-house is located and lands for such school- house and yards are needed, or when a district votes to purchase addi- tional land for school purposes, if the owner of such lands refuses to con- vey the same to the district for a reasonable price, the selectmen of the town or towns in which the district is situated, on the application of the prudential committee, shall locate and set out the necessary lands and cause the same to be surveyed; and shall appoint a time and place for a hearing and give notice thereof to persons interested in the land to be taken, either personally or by written notice left at the residence of the owner or occupant of such land; and at such hearing shall ascertain the damages sustained by such interested persons; and the damages assessed shall be paid or tendered to such persons before taking possession of the land. 1888, No. 9, sec. 259. Sec. 244. When the selectmen decide to take land, they shall in their order for that purpose, fix a time and notify the owner or occupant there- of, within which he will be required to remove his buildings, fences, timber, wood, trees and wall, which, in case of inclosed or improved land, shall not, without the consent of the owner, be less than three months, nor until the compensation for damages to such land is tendered or paid; and if they are not removed within that time, the selectmen shall remove them at the expense of said district; but the district shall not take posses- sion of such land until the damages agreed upon or as determined by the selectmen shall have been paid or tendered to the persons entitled thereto. 1888, No. 9, sec. 260. Sec. 245. All orders and proceedings of the selectmen, under the provisions of the two preceding sections, with the survey of the land taken, shall be recorded in the town clerk's office of the town in which the land lies. 1888, No. 9, sec. 261. Sec. 246. If the owner of such land does not accept the damages awarded by the selectmen, the prudential committee of the district may COMPILATION OF THE SCHOOL LAWS. 59 agree with him to refer the question of damages to one or mere disinter- ested persons, whose award shall be made in writing, and shall be final. 1888, No. 9, sec. 262. Sec. 247. If a person interested in such land is dissatisfied with such location or with the damages awarded by the selectmen, he may apply by petition to the county court at its next stated term, if there is sufficient time for notice, and if not, to the succeeding term; and any number of persons aggrieved may join in the petition. The petition, with a citation, shall be served on one of the prudential committee of the school district, at least twelve days before the session of the court, and the court shall ap- point three disinterested commissioners who shall determine the amount of damages sustained by the persons interested therein. 1888, No. 9, sec. 263. Sec. 248. The commissioners shall give six days' notice to one of the prudential committee of the school district of the time and place of making such inquiry and hearing the parties; and on the report of the commis- sioners the court shall render judgment for the petitioner to recover against the school district such damages as appear to be just, and may tax costs as seems just for either party, and award execution in the premises. 1888, No. 9, sec. 264.. Sec. 249. If lands so required by a school district are encumbered by mortgage, the school district shall cause the same notice to be given to the mortgagee, or the assignee of the mortgage, required to be given to the owner; and the damage agreed upon, or otherwise determined, as specified in this chapter, shall be paid to the mortgagee or his assignee; but if the sum due on the mortgage is less than the damage, the amount due on the mortgage shall be paid to the holder, and the balance to the owner. 1888, No. 9, sec. 265. Sec. 250. When the damages finally awarded for lands so taken by a school district are paid to the persons entitled thereto, a valid title to such lands shall vest in the district for the purposes aforesaid. 1888, No. 9, sec. 266. Sec. 251. A school district may, by a two-thirds vote, if such vote represents a majority of the grand list of the district, sell its school-house and the land connected therewith; and the names of those voting for the sale shall be taken and recorded. 1888, No. 9, sec. 267. 60 COMPILATION OF THE SCHOOL LAWS. PART III. Miscellaneous Provisions Relating to Public Instruc- tion and the Care and Preservation of School Property. CHAPTER XVI. INSTRUCTION OF THE DEAF, DUMB, BLIND, IDIOTIC AND FEEBLE— MINDED. Section 252. Commission and board of instruction. 253. Report of commissioner; compen- sation. 254. Annual Appropriations. 255. Places of instruction. 65J. Board of civil aiithority to certify statistics.to county clerk. 257. County clerk to make returns to the governor. Section 258. 259. 260. 261. 263. Powers of commissioner. Selectmen to execute bond of indem- nity against certain expenses. Tovfn to defray expenses of con- veyance. Governor may designate beneficiaries who may receive education in the state. Such entitled to share of state appropriation. Section 353, The governor shall be by virtue of his office commissioner of the deaf, dumb and blind, and of the idiotic and feeble-minded children of indigent parents, and as such commissioner shall constitute the board for their instruction. B. L. sec. 680. Sec. 353. He shall annually report to the legislature his proceedings under this chapter with an account of the expenditures arising therefrom, and shall receive fifty dollars annually for his services as such commis- sioner. B. L. sec. 68 1: Sec. 354. A sum not exceeding five thousand dollars is annually appropriated for the benefit of the deaf and dumb, and a sum not exceed- ing four thousand dollars for the beiieflt of the blind, and a sum not exceeding two thousand dollars for the benefit of the idiotic and feeble- COMPILATION OF THE SCHOOL LAWS. 61 minded children of indigent parents, to be used agreeably to the provis- ions of this chapter. B. L. sec. 682. Sec. 255. Until provision is otherwise made by law the beneficiaries mentioned in this chapter shall be instructed at the following places: The deaf and dumb at the American Asylum for the education of the deaf and dumb at Hartford, Connecticut, or the Clark Institution at Northampton, Massachusetts; the blind at the New England Institution for the instruc- tion of the blind at Boston, MasKachusetts ; and the idiotic and feeble- minded children at the Massachusetts school for idiotic and feeble-minded youth, at Boston, or at such other institutions of like nature as the above, situate in New England, as the governor shall select. R. L. see. 683, amended by 1892, No. 27, sec. 1. Sec. 256. The board of civil authority in each town shall ascertain, and certify to the county clerk on or before the first day of February an- nually, the number of deaf and dumb persons and the number of blind persons in such town, their ages, conditions and circumstances, and the ability of their parents to educate them, the names of all idiotic and feeble- minded children between the ages of five and fourteen years residing in such town and the pecuniary ability and circumstances of their parents or the persons bound to support them . and whether in the opinion of such board the persons enumerated and named are proper subjects for the char- ity of the State, and whether they and their parents or guardians are wil- ling they should become beneficiaries of either of the institutions men- tioned in the preceding section, or such other institution as is provided by law for the instruction of such persons. R. L. sec. 684. Sec. 257. Each county clerk shall make return to the governor, be- fore the first day of March in each year, of the information he receives from the several boards of civil authority in his county. R. L. sec. 685. Sec. 258. The governor may designate beneficiaries, as aforesaid, may direct the auditor of accounts to draw orders on the treasury for any part of the appropriations provided in section five hundred ninety-five [sec. 682] [sec. 254, ante] ; may superintend and direct all concerns relat- ing to the education of deaf, dumb, blind, idiotic, or feeble-minded per- sons, inhabitants of the State, and may allow all or any portion of the ex- penses of their conveyance to, and support in, the institutions in which they are instructed for such time as he deems proper; and he may in his discretion take bonds to indemnify the State against expenses which accrue 62 COMPILATION OF THE SCHOOL LAWS. in consequence of the* sickness, clothing, or transportation of any bene- ficiary. B. L. sec. 6S6. Sec. 259. The selectmen of the several towns in this State are hereby authorized and empowered to execute in their official capacity in behalf of their respective towns, without a previous vote of said town for that purpose, the bond which may be required to be given by the town to in- demnify the State against expenses which may accrue in consequence of the sickness, clothing or transportation of the deaf, dumb and blind State beneficiaries from such town. B. L. sec. 687. Sec. 260. When a person is designated a beneficiary, the town in which he resides shall defray the expenses of his conveyance to and from the institution in which he is to be instructed if in the opinion of the select- men his parent or guardian is not able to pay the same. B. L. sec. 688. Sec. 261. The governor may designate one or more beneficiaries, un- der the provisions of chapter forty-one of the Revised Laws [chapter six- teen of this compilation], relating to the instruction of the blind and ap- propriating money therefor, who may receive their education within this State, when, in his judgment, adequate advantages existfor the proper in- struction of such person, or persons, and the public good would be sub- served thereby, notwithstanding such beneficiary, or beneficiaries, maybe beyond the age of sixteen years. 1884, No. 39, sec. 1 . Sec. 262. Such beneficiary, or beneficiaries, shall each be entitled to receive the same annual share of the general appropriation for this pur- pose as is paid by the State for the support and education of a single scholar at the New England Institution for the Instruction of the Blind at Boston, Massachusetts, which allowance shall continue for such time as the gov- ernor may deem reasonable and necessary, and shall be paid to such bene- ficiary, or beneficiaries, as provided in section six hundred and eighty-six of the Revised Laws, and in quarterly installments, upon the certificate of the selectmen of the town where such person or persons may reside, that a proper and sufiScient course of study has been pursued. 1884, No. 39, sec. 2. COMPILATION OF THE SCHOOL LAWS. 63 CHAPTER XVII. OFFENSES AND PENALTIES. Section IV. CARRYING CONCEALED WEAPONS. 269. Penalty for carrying concealed weap- ons while attending school. V. FENCES AROUND YARDS. 270. Barbed-wire fences prohibited. 271. Penalty for offenses against preced- ing section. Section I. PENALTY FOR DISTURBING SCHOOLS. 263. Disturbing lawful meeting or school. 364. Remaining at or near a school to annoy II. PENALTY FOR DEFACING BUILDINGS. 265. Injuries to buildings, fences, etc, with malice. 266. In.iuries without malice. 267. Injuries to trees and shrubs. III. EMBEZZLEMENT OP SCHOOL FUNDS, 268. Penalty for embezzling school funds. I. PENALTY FOR DISTURBING SCHOOLS. Section 263. A person who by a disorderly or unlawful act disturbs a town, society or district meeting, or a school, or any meeting lawfully as- sembled, or by force or menace interrupts the business of such meeting or school, shall be fined not more than one hundred dollars. R. L., sec. 4229. Sec. 264. A person over ten years of age not connected with the school who annoys or disturbs a school by remaining at or near it, or by not departing on request of the teacher or prudential committee, [or school directors] , shall be fined not more than twenty dollars. Justices shall have jurisdiction of offenses under this section. R.L., sec. 4230. See sec. 69, ante. II. PENALTY FOR DEFACING SCHOOL BUILDINGS, INJURING TREES OR TRESPASSING UPON GROUNDS. Sec. 265. A person who wilfully and maliciously breaks a door or window of, or otherwise injures, a dwelling house or other building, whether occupied or not, or a sign thereon, or a fence or wall, not being his own property, or disfigures the same with paint or otherwise, or de- faces the same by writing, printing or painting thereon any obscene word, figures or devices, shall be fined not more than twenty dollars or impris- oned not more than ninety days, or both ; and the offender shall also be liable to pay the owner of the property injured the damages occasioned, in an action on this statute with full costs. jB. L., sec. 4199, 64 COMPILATION OF THE SCHOOL LAWS. Sec. 266. A person who carelessly and without malice injures or de- faces any part of a building belonging to a town or county, or the appur- tenances thereof, or any public building, hall or room, by cutting, writ- ing, marking, standing in the windows, or in any other manner, or in- jures the furniture, fence, yard, posts, grounds, shade trees or shrubbery connected with such building, or fastens a horse or other animal to the fence, posts or trees about such building or posts bills, placards and notices upon such building or its appurtenances or upon the fence or trees be- longing to the same, whereby any defacement results, shall forfeit to the State not less than two dollars, with full costs, to berecovered in the name of the State on complaint of a grand juror of the town or the State's at- torney for the county. B. L., sec. 4^00. Sec. 267. A person who injures a shade or ornamental tree or shrub standing upon the grounds belonging to a school house or academy, by cutting or breaking the same, or by fastening a horse or other animal to the same, shall be subject to the penalties and liabilities provided in section 4199 [sec. 265]. B. L. sec. 4S04. III. PENALTY FOR EMBEZZLEMENT OF SCHOOL FUNDS. Sec. 268. A person entrusted with the charge of money, land or other property belonging to a town or school district for the use of schools, who embezzles, misapplies, or conceals the same or any part thereof shall be liable to be removed from his trust and shall forfeit to such town or dis- trict, as the case may be, double the amount so embezzled, misapplied or concealed, to be recovered in an action on the case in the name of such town or district, with costs. B. L., sec. 4.152. IV. PENALTY FOR CARRYING CONCEALED WEAPONS. Sec. 269. A person who shall carry or have in his possession while a member of and in attendance upon any school, any firearms, dirk knife, bowie knife, dagger, or other dangerous or deadly weapon, shall, upon conviction thereof, be fined not exceeding twenty dollars. 1892, No. 85, sec. 2. V. FENCES AROUND SCHOOL HOUSE YARDS. Sec. 270. No barbed wire fence shall be built or maintained around any school house yard. 1892, No. 104, sec. 1. COMPILATION OF THE SCHOOL LAWS. 65 Sec. 371. Any person offending against the provisions of this act [sec. 270] shall be fined not less than twenty dollars nor more than fifty dollars. 1892, No. 104, sec. 2. [Note.— Sections 270 and 271 are in force after May Isl, 1892.] CHAPTER XVIII. APPROPRIATIONS IN AID OF COLLEGES AND TO ESTABLISH SCHOLARSHIPS THEREIN. Section 372. $6,000 appropriated annually in aid of the University of Vermont and State Agricultural College; $3,600 to be used in furnishing instruction in the industrial arts; $2,400 to be used in providing for thirty scholarships; senators to designate students; va- cancies, how filled ; when appoint- ments to be made. 273, $2,400 appropriated annually in aid of Middlebury College to be use in pro- viding thirty scholarships; appoint- ments, how made. 274. Trustees may fill vacancies, on failure of senator to appoint. Section 275 Preference to candidates for agricul- tural and industrial department; proviso. 276. $2400, appropriated annually for pro- viding thirty scholarships in Nor- wich University; appointments how made; vacancies. 277. Senators failing to make appoint- ments or fill vacancies, trustees to do so. 278 . Moneys paid to said University to be kept in a separate account. 379. Laws inconsistent with this act re- pealed. Section 272. The auditor of accounts is hereby directed to draw his order on the State treasurer in favor of the treasurer of the University of Vermont and State Agricultural College, semi-annually on the first day of December and June, for the sum of three thousand dollars, of which sum of six thousand dollars per annum the sum of thirty-six hundred dollars shall be expended by said institution in providing instruction in branches related to the industrial arts; and the sum of twenty-four hundred dollar^ in paying the tuition and incidental college charges of thirty students therein, one of whom shall be designated and appointed by each senator in the General Assembly, such appointment to be made by such senator from his respective county, provided any suitable candidate shall apply therefor, otherwise from any county in the State, and all vacancies in such appointments shall be filled by the senator who made the appointment vacated, or by his successor in office; said appointments to be made in the month of June preceding the commencement of the college course of the student so appointed, and whenever such vacancy shall occur. 1892, No. 25, sec. 1, Sec. 273. The auditor of accounts is further directed to draw his or- der on the State treasurer in favor of the treasurer of Middlebury College 66 COMPILATION OF THE SCHOOL LAWS. semi-annually on the first day of December and June for the sum of twelve hundred dollars, said sum of twenty-four hundred dollars annually to be expended by said college in providing thirty scholarships under the same conditions named in section one of this act [sec. 263] governing the ap- pointments to thirty scholarships in the University of Vermont and State Agricultural College. 1892, No. 25, sec. 2. Sec. 274. Whenever any senator from any county shall fail to make an original appointment or to fill any vacancy among such appointed stu- dents after one month's notice of his right to do so from the president of either of such institutions, the trustees may make such appointment or fill such vacancy by appointments from that county, if there are any applicants therefrom who shall pass the examination required by the rules of said institution, and if not, then from any county in the State. 1892, No. 25, sec. S. Sec. 275. Senators from any county shall in their appointment of candidates for scholarships in the University of Vermont and State Agri- cultural College give preference to the candidates for the agricultural and industrial department; but if at any time there are not thirty suitable ap- plicants for said department, then said senators may appoint to any other department of said college, 1892, No. 25, sec. 4.. Sec. 276. The auditor of accounts is hereby directed to draw his order on the State treasurer, in favor of the treasurer of Norwich University semi- annually on the first day of December and June for the sum of twelve hundred dollars, said sum of twenty -four hundred dollars annually to be expended by said University in payment of the tuition and room rent of thirty students therein, one of whom shall be designated and appointedby each senator in the General Assembly, such appointment to be made by such senator from his respective county, provided any suitable candidate shall apply therefor, otherwise from any county in the State, and all va- cancies in such appointments shall be filled by the senator who made the appointment vacated, or by his successor in oflSce. Said appointment to be made in the month of June preceding the commencement of the college course of the student so appointed, and whenever such vacancy shall occur. 1892, No. 26, sec. 1. Sec. 277. Whenever any senator from any county shall fail to make ^n original appointment or to fill any vacancy among such appointed students after one month's notice of his right to do so from the president of said university, the trustees may make such appointment or fill such yacsmcj^, by appointment from that county if there are any applicants COMPILATION OF THE SCHOOL LAWS. 67 therefrom who shall pass the examination required by the rules of said in- stitution, and if not, then from any county in the State. 1893, No. 26, sec. Z. Sec. 278. All moneys in any wise paid to said university or the students thereof by the State or its quartermaster-general shall be kept in a separate and independent account. 1S92, No. 26, sec. 3. Sec. 279. All previous acts or parts of facts relating to scholarships in Norvrich University are hereby repealed. 1892, No. 26, sec. 4. CHAPTER XIX. REGISTRATION— DUTIES OF SCHOOL OFFICERS. Secti on I Section 2(j0. Duties of clerks of town or school h^38. Return made to town clerks; com- districts. I pensation of clerks for making 281. Penalty for neglect of duty. I returns. 282, Not to apply to city of Burlington. | Section 280. The school district clerks in each town, or in towns not divided into districts, the clerk of the school board, shall annually, in the month of January, ascertain the births and deaths which occurred in their respective districts, during the year next preceding the first day of January and shall report to the town clei»k on or before the first day of February, the date and place of birth of each child, its name and sex, the names and residence of its parents, and the occupation of the father. They shall also report the date, place and disease or apparent cause of each death, the name and sex of the deceased, whether married or single, his age in years, months and days, place of birth, the name of his parents and his occupation if over fifteen years of age. B. L. sec. 254.7. Sec. 281. If a district clerk or clerk of school board fails to make the required return or makes an incomplete or incorrect return, he shall for- feit all compensation therefor and be fined not less than five dollars; and the town clerk shall forthwith cause prosecution to be commenced against him in the name of the State to recover such penalty. B. L. sec. 2548, 68 COMPILATION OF THE SCHOOL LAWS. Sec. 282. So much of this chapter as relates to the duties of school district clerks in collecting and making returns of births and deaths shall not apply to the city of Burlington. R. L. sec. !S549. Sec. 283. Town clerks shall carefully examine the returns of births and deaths made to them by the clerks of the several school districts; and if the returns are made up and returned agreeably to law, they shall furnish the school district clerk so complying with the requirements of law a certificate to that effect; and on presentation of such certificate to the selectmen, they shall draw an order on the town treasurer to pay such school district clerk or clerk of school board, fifteen cents for each birth or death returned. R. L. sec. 2550. INDEX. 69 INDEX TO THE Compiled School Laws. A. ABOLISHMENT OP SCHOOL DISTRICTS. (See School Districts.) ACADEMIES, duties of trustees of relative to returns, sec. 109. instruction of pupils of the public schools in, sees. 75, 192. ASSISTANTS AT INSTITUTES, state superintendent of education may employ, sec. 7. ATTENDANCE, daily record of to be kept by teacher, sec. 104. what children shall attend school, sec. 183. pupil to attend school in district where he resides, sec. 302. AUDITOR, election; term of office of, sec. 160. to be member of board for abatement of taxes, sec. 210. B. BIRTHS, returns of by district clerks or clerks of school boards, sees. 78, 280. penalty for neglect or for making false returns, sec. 281. exception in case of city of Burlington, sec. 282. compensation for making returns of, sec. 283. BLIND, instruction of the, sees. 252-262. (See Deaf, Dumb, Blind, Idiotic and Feeble-Minded.) BOND, collector of taxes and treasurer may be required to give, sec. 168. BOOKS, text-books for use in schools, sees. 137-153. (See Text Books.) , C. CANDIDATES. (See Teachers.) CENSUS, clerk of board of school directors to take in towns ; time of taking; information required , sec. 98. penalty if parent refuses to give information or makes false state- ment, sec. 99. clerk of school district to prepare for district, sec. 208a. compensation of clerks for taking, sec. 100. 70 INDEX. CERTIFICATES, of teachers, sees. 42-59. contract to teach void without ; exception, sec. 42. not to be granted to persons under seventeen, sec. 42. certificate of graduation from normal schools license to teach, sec. 48. graduate of higher course of normal schools may have unlimited certificate, sec. 45. graduate of normal school of another state may have certificate without examination, sec. 46. examiner's certificates ; grades ; requirements, sec. 51. record of to be kept by examiner, sec. 52. void when, sec. 52. of teachers in graded and union schools to remain in force, sec. 53. may be issued to graduates of colleges, sec. 55. persons holding examiner's certificates entitled to unlimited cer- tificate, sec. 56. of attendance upon school when required, sees. 83, 84. in force in 1890 valid till expiration, sec. 157. CLERK OF BOARD OF SCHOOL DIRECTORS, appointment, sees. 78, 67a. to keep record book ; make registration returns ; take census, sec. 78. compensation, sees. 78, 100. to make school census and keep list on file, sec. 98. to procure registers for schools ; responsible for safe keeping, sec. 108. to examine register and certify to its being properly filled out, sec. 105. to answer interrogatories addressed to him upon final return of register, sec. 106. duties of relating to registration of births and deaths, sec. 280. penalty for neglect or for making false returns, sec. 281. compensation of for making registration returns, sec. 288. CLERK OF SCHOOL DISTRICT, election ; term of office, sec. 160. to keep records of the district ; penalty for neglect, sec. 166. to give notice of his election to town clerk, sec. 167. neglecting, to receive no compensation, sec. 167. in absence of prudential committee to act, sec. 172. penalty for neglect or refusal to warn school meeting, sec. 181. to be member of board for abatement of taxes, sec. 210. penalty for making false answers to inquires in register, sec. 227. duties of relating to registration of births and deaths, sec. 280. INDEX. 71 penalty foi* neglect or for making false returns, sec. 281. compensation of for making registration returns, sec. 283, COLLECTOR, election ; term of office, sec. 160. district may elect collector of town taxes, sec. 164. duties of ; bond may be required, sec. 168. in collecting taxes from which deduction is made, sec. 208. to have same powers as town collector, etc., sec 211. to pay over moneys belonging to district and submit tax book, sec. 212. penalty for neglect after receiving request, sec. 212. COMPULSORY ATTENDANCE. (See Truancy.) CONCEALED WEAPONS, penalty for carrying while attending school, sec. 269. CONTRACT to teach, when void ; exception, sec. 42. D. DEAF, DUMB, BLIND, IDIOTIC AND FEEBLE-MINDED instruc- tion of the, sees. 252-262. governor to be commissioner of, sec. 252. powers of concerning, sees. 258, 261. report and compensation of, sec. 253. appropriation for, sec. 254. places of instruction, sec. 255. may be instructed in the State, sec. 261. board of civil authority to certify number of to county clerk, sec. 256. county clerk to make returns to governor, sec. 257. beneficiaries, by whom designated, sees. 258, 261. instructed in State to receive share of appropriation, sec. 262. expenses of transportation, clothing and sickness of, indemnity against, sec. 258. defrayed by town when, sec. 260. selectmen to execute bond of indemnity, sec. 259. DEATHS, RRGISTRATION OF, by school district clerks ; by clerks of the board of school directors, sees. 280, 78. DEFACING SCHOOL HOUSES, penalty for, sees. 265, 266. DIRECTORS, BOARD OF SCHOOL, election of ; term of office ; elligi- bility ; vacancy in how filled, sec. 67. to be voted for on separate ballot, sec. 68. rights of women to vote for and hold office of, sec. 68. to be sworn ; to elect one of their number chairman, sec. 67a. 1^2 INDEX. to appoint town superintendent, sec. 18. of town and graded school districts may unite to appoint town superintendent, sec. 23. of two or more towns may unite to appoint, sec. 24. joint committee how organized ; powers, sec. 25. not to employ teacher without license, sec. 48. to have control of construction, location and sale of school houses, sec. 64. powers and duties of, sees. 69, 70. to determine number of schools ; time and place of holding, sec. 71. may use school money to convey pupils toandfrom school.sec. 71. may provide advanced instruction, sees. 72, 75. may establish town central schools, sec. 72. may receive into schools pupils of other towns, sec. 73. may employ instruction in schools of an adjoining town, sec. 74. may establish kindergarten schools, sec. 79. to make report to town at annual meeting, sec. 76. compensation of ; accounts to be audited, sec. 77. to appoint clerk of board, sees. 78, 67a. to arrest child who is truant, sec. 89. penalty for failure to perform duties of truant officer, sec. 92. chairman to draw orders to pay teachers, sec. 105. to enter in registers names of teachers and character of certifi- cates, sec. 106'. o file registers in town clerk's ofl&ce, sec. 106. to recommend the amount of money necessary for the support of schools, sec. 112. duty of when pupil is not supplied with text-books, sees. 149, 150. in towns heretofore using town system continued, sec. 156. DISTRICTS, (See School Districts.) DISTURBING PUBLIC SCHOOLS, penalty for, sees. 263, 264. DIVISION OP PUBLIC MONEYS, selectmen to make; when, sec. 220. money to be paid to district treasurer, sec. 220. share of graded school districts, sec. 221. among districts in unorganized towns and gores, sec. 120, share of districts in, sees. 222, 223. district not entitled to share unless provisions of law concerning have been complied with; selectmen to ascertain, sec. 224. when denied share of, sees. 224, 225. must expend certain sum to be entitled to all its public money, sec. 225. entitled to further sum, when, sec. 226. INDEX. 73 town superintendent to inquire as to division of, sec. 228. district entitled to share when school is maintained by selectmeiij sec. 200. E. EMBEZZLEMENT, penalty for of school funds, sec. 268. EXAMINATION, of normal and training schools, board of, how consti- tuted, sees. 32, 41. of teachers, sees. 42, 59. State superintendent to prepare questions for and fix standard of, sec. 47. papers written at to be preserved, sec. 48. time and place of, how fixed, sec. 49. candidate may choose which to attend, sec. 49, method of conducting, sec. 50. requirements of, sec. 51. expense to be paid by examiner, sec. 59. EXAMINER OF TEACHERS, appointment of, sec. 13. to be resident of county; vacancy, how filled, sec. 13. to arrange for teachers' institutes; furnish statistical information, sec. 14. compensation of, sec. 15. may be removed for cause, sec. 16. to report to State superintendent; contents thereof, sec. 17. may issue certificate to graduate of normal school of another State, when, sec. 46. to preserve examination papers, sec. 48. to determine times and places of examinations, sec. 49. to conduct examinations, may appoint substitute, when, sec. 50. to issue certificates of three grades, sec. 51. may give candidate private examination, etc., sec. 52. records of; to furnish percentage of, sec. 52. may issue certificate of first grade to graduate of college, sec. 55. with State superintendent may issue unlimited certificate, when sec. 56. to pay expense of examination; allowance therefor, sec. 59. EVENING SCHOOLS, districts may establish, sec. 203. session of considered half-day, sec. 203. F. FEES, of school oflicers, sees. 78, 100, 110, 283. of town clerk for school work, sec. 110. 6 74 ' INDEX. FENCES AROUND SCHOOL HOUSES, barbed wire, forbidden, sec. 270. penalty" for constructing, sec. 271. FRACTIONAL DISTRICTS, abolishment of, sec. 60. selectmen to appraise and adjust school property of, sec. 65. to order that balance be paid within specified time, sec. 65. appraisal of to be recorded where; payment, sec. 66. G. GORES, districts in, how organized, sees. 158, 158a. schools in not affected by act abolishing school districts, sec. 60. assessment of share of State school tax, sec. 133. division of public money among districts in, sec. 120. how divided, sees. 232, 223. GOVERNOR, to fill vacancy in office of State superintendent of educa- tion, sec. 1. with superintendent of education to appoint examiner, sec. 18. to fill vacancy in office of examiner, sec. 13. to remove examiner for cause, sec. 16. to appoint member of examining boards, sec. 32. to be commissioner of deaf, dumb, blind, etc., sec. 252. to report his proceedings to the Legislature, sec. 253. compensation as commissioner, sec. 258. may designate beneficiaries, etc., sees. 258, 261. GRADED SCHOOL DISTRICTS, not affected by act abolishing school districts, sec. 60. directors of may unite with those of town to appoint town super- intendent of schools, sec. 23. may unite with those of two or more towns for same purpose, sec. 26. voters in not entitled to vote in town meetings, when, sec. 61. clerk to make school census, sec, 203a. compensation, sec. 100. to perform same duties as clerk of board of school directors, sec. 107. time of liolding annual meetings in, sec. 177. share of public moneys, sec. 221. duties of clerk in relation to registration returns, see. 271. GRADED SCHOOL, what is, sec. 54. certificates of teachers continued in force, sec. 53. directors may provide instruction in, sec. 72. principal of not required to procure certificate, sec. 42. INDEX. 76 GRAND LIST, on what shall district taxes be assessed, sec. 204. in town district, sec. 111. on what is State school tax assessed, sec. 134. I. INJURING SCHOOL PROPERTY, penalty for, maliciously, sec. 265. without malice, by cutting, marking, etc., sec. 266. for damaging trees, shrubbery, etc. , sees. 266, 267. M. MAYOR to appoint truant oflBLcers for his city, sec. 81. to draw order on treasurer for share of State school tax, sec. 133. MEETINGS. (See School Districts— Meetings.) MIDDLEBURY COLLEGE, scholarships in, sec. 273. senators each to appoint one applicant for, sec. 273. appointment to when senators fail to make, sec. 274. MODERATOR, election; term of office of, sec. 160. vacancy, how filled, sec. 175. duties of, sec. 165. to be member of board for abatement of taxes, sec. 210. N. NORMAL SCHOOLS, where situated; continued till what time, sec. 28. appointment of teachers in, sec. 29. courses of study, sec. 30. appropriations to, sees. 38, 39, 40. payment of conditional, sees. 31, 37. examinations; examining boards, sec. 32. scholarships in, sees. 33-37. each town entitled to one, sec. 33. appointee may attend either school, sec. 33. each school entitled to twenty extra, sec. 33. town superintendent to appoint to, sec. 34. may recommend for when, sec. 35. vacant, may be assigned, sec. 36. town not to have more than ten in one term, sec. 36. at what sum reckoned; money, how drawn, sec. 37. certificate of graduation from, license to teach, sec. 43. may be renewed, sec. 44. NORWICH UNIVERSITY, scholarships in; senators to appoint to, sec. 276. appointment to scholarship when senators fail to make, sec. 277. separate account of moneys paid by State to be kept, sec. 278. former acts relating to appropriations to, repealed, sec. 279. 76 INDEX. o. OBSCENE PICTURES AND LANGUAGE, penalty for defacing school buildings with, sec. 265. OFFICERS, of school districts, sees. 160-175. (See School Districts.) of town school districts, sec. 67. (See Town System of Schools.) ORGANIZATION, of school districts in unorganized towns and gores, sees. 158-159. PARENT, GUARDIAN OR MASTER, required to send children to school, see. 82. neglecting to keep child in school, truant officer to make com- plaint, sec. 87. arrest of parent, etc. , on complaint, sec. 87. unable to clothe child, how clothing provide, sec. 88. unable to keep child in school,child may be sent to reform school, sec. 88. notice requiring to keep child in school, sec. 89. penalty for failure, sec. 90. for refusing to give clerk information required, sec. 99. PERMITS, no teacher to commence school without certificate or permit, sec. 42. town superintendents may issue; limitations, sec. 58. PRINCIPAL OF GRADED SCHOOL, not required to procure license to teach, sec 42. PRUDENTIAL COMMITTEE, election; term of office, sees. 160-162. vacancy, how filled, sees. 161, 175. not to employ teacher without license, sec. 48. duty of when pupil is not supplied with text-book, sees, 149, 150. committee of three, how discontinued, sec. 163. may require bond of collector and treasurer, sec. 168. to have care of school property; provide house, furniture, etc., sec. 169. to employ teacher; remove teacher when necessary, sec. 170. to make regulations for improvement of school, sec. 170. may permit use of school house when, sec, 171. in absence of clerk to discharge his duties, sec. 172. penalty for neglect, sec. 172. to draw orders on treasurer, sec. 173. forbidden when teacher is without license, sec. 173. penalty for doing, sec. 174. INDEX. 77 to warn school meetings in case of absence or neglect of clerk, sec. 178. penalty for neglect or refusal, sec. 181. may provide instruction in vocal music, sec. 183. in higher English branches when, sec. 185. to examine pupils and designate the school to attend, sec. 187. to direct work of special superintendent, sec. 188. may admit to schools pupils from adjoining districts, sec. 190. may designate what pupils shall attend kindergarten schools, sec. 201. may admit non-resident pupils to higher department of schools, sec. 203. to assess tax when voted, sec. 206. to be member of board for abatement of taxes; to call meetings of board, sec. 210. has authority to enforce collection and payment of taxes, sec. 211, may in writing request collector to pay over moneys and submit tax-bill for inspection, sec. 212. to assess tax to pay execution against district, sec. 213. to make statement of expenditures of district, sec. 225. forfeiture of public money for neglect, sec. 225. penalty for making false statements, sec. 227. to insert in warning recommendations of town superintendent when, sec. 231. on failure of district to locate school house, to apply to selectmen, sec. 233. to apply to selectmen to assess damages for taking land for school purposes, sec. 243. may agree with dissatisfied land owner to refer, sec. 246. PUBLIC MONEY. (See Division of Public Money.) Q. QUESTIONS, for public examinations of teachers to be provided by State superintendent of education, sec. 47. R. RECORDS OP SCHOOL DISTRICTS, duty of clerk to keep, sec. 166. abolished by town system act, to be preserved by towns, sec. 154. REGISTER AND RETURNS, State superintendent to prescribe blank forms for, sec. 101. to be sent to town clerks, sec. 102. clerk of school board and school district clerk to procure, sees. 103, 107. 78 INDEX. teacher to procure of clerk before commencing school, sec. 104. to be returned to clerk when, sec. 104. clerk to certify to being properly filled out, sec. 105. teacher to be paid only on presenting such certificate, sec. 105. clerk to answer interrogatories addressed to him, sec. 106. chairman of board of school directors to fill out, sec. 106. town clerk to make returns to State superintendent, sec. 108. returns to be made by academies and grammar schools, sec. 109. compensation of town clerks for making, sec. 110. register required to be kept when instruction is provided at academy or out of State, sec. 194. REGISTRATION OF BIRTHS AND DEATHS, duties of school officers relating to, sees. 280-283. (See Births.) REGULATIONS for improvement of schools may be made by town superintendent, sees. 18, 21. made by board of school directors, sees. 69, 170. prudential committee, sec. 170. when there is disagreement of, which prevail, sec. 170. S. SCHOLARSHIPS in normal schools, sees. 33-37. in University of Vermont, etc., sees. 272-275. in Middlebury College, sees. 273-275. in Norwich University, sees. 276-279. SCHOOL AGE, defined, sees. 79, 80. pupils under not to attend school, sec. 79. may attend kindergarten school, sec. 79. SCHOOL DIRECTORS, (See Directors, Board of School.) SCHOOL DISTRICTS, abolishment of, sees, 60-66. exceptions to; sec. 60. towns to have charge of school property, sec. 62. appraisal of school property of districts abolished, sees. 63, 65, 66. organization of, sees. 158-159. how organized in unorganized towns and gores, sees. 158, 158a. lawfully organized a corporation, sec. 159. officers of, election; term of office of, sec. 160. vacancies how filled, sec. 175. eligibility of women for, sec. 68. may elect a prudential committeeof three, sec. 161. INDEX. 79* except collector, constitute board for abatement of taxes,, sec. 310. meetings of, annual when held; special how called, sec. 176. annual of graded school districts, sec. 177. to be warned by clerk; how warned, sec. 178. in absence of clerk, by prudential committee, sec. 178. who ai'e voters in, sec. 179, 68. if voter is challenged, who decides upon his eligibility, sec. 179. the word " meeting" defined, sec. 180. penalty for neglect or refusal to warn, sec. 181. for disturbing schools and, sees. 263, 364. maintenance of Schools by, branches to be taught in public schools, sec. 183. may provide instruction in vocal music, sec. 183. may provide more than one school, when, sec. 184. may direct that ancient and foreign languages be taught when, sec. 186. prudential committee may provide instruction in higher English, sec. 185. may designate the school or department pupil shall at- tend, sec. 187. what districts may provide special supervision, sec. 188. time when schools shall commence, sec. 196. may establish kindergarten schools, sec. 201. evening schools, sec. 203. may provide instruction, sees. 189-195. may send pupils to schools of neighboring districts, sec. 189. considered as school in own district, sec. 191. register to be kept, sec. 194. in an academy in the town, sees. 193-195. contract for not to extend beyond two years, sec. 195. instruction when district fails to provide, voters may apply to selectmen, sees. 196, 197. duties and powers of selectmen on application, sees. 197-199. SCHOOL FUNDS, penalty for embezzling, sec. 368. tuition of non-resident pupils to be paid into, sec. 73. treasurer to keep a separate account of, sec. 113. (See School Taxes and School Moneys.) 80 INDEX. SCHOOL HOUSES, towns to provide and maintain, sees, 64, 70, towns to take charge of school houses and other property, sec. 63. to pay indebtedness on account of, sec, 62, selectmen to appraise, sec. 63, to apportion value in fractional districts, sees, 65, 66, location of, how determined under town system, sec, 64. school directors to have charge of, sec. 69. powers of to construct, purchase sites, etc. , sec. 70. school districts may lay tax to provide, sec. 229. may elect special building committee, sec. 230. recommendation of town superintendent to be inserted in warning when, sec. 231. districts may sell, sec. 251. school directors may sell when, sees. 64, 70. location of how determined under district system, sees. 232-235. applicatioQ to selectmen when district fails to provide, sec. 236. selectmen to hear parties ; notice of hearing, sec. 237. may make an order in the premises, sec. 238. district neglecting to act may themselves build or repair, sec. 239, may assess tax to defray expenses, sec, 240. proceedings of, to be recorded, sec. 241. location when selectmen cannot agree, sec. 242. penalty for maliciously defacing, sec. 265. for defacing without malice by cutting, etc, , sec. 266. for injuring trees or grounds, sees. 266, 267. for constructing barbed-wire fences around, sees. 270, 271. taking lands for school houses, sees. 243-250. SCHOOL TAXES AND SCHOOL MONEYS, town school taxes, list on which to assess, sec. 111. school directors to recommend amount necessary for school purposes, sec. 112. selectmen to appropriate not less than what sum, sec. 112. treasurer to keep separate account of, sec. 113. to be paid out on orders of school directors, sec. 113. towns may raise special tax for school purposes, sees. 112, 214. selectmen to appropriate certain sum annually, sec. 215. town liable to forfeiture for neglect, sec. 216. disposal of forfeiture, sec. 217. grand jury to present, sec. 218. duty of town superintendent, sec, 219, INDEX. 81 school district taxes, list on which to assess, sec. 204. expense of school above public money to be defrayed by, sec. 205. prudential committee to assess when voted, sec. 206. district may instruct to omit poor persons, sec. 209. district may allow deduction for payment before day fixed, sec. 207. duty and liability of collector in collecting, sec. 208. district may abate, sec. 209. board for abatement ; meeting how called, sec. 210. prudential committee to assess to pay execution against school district, sec. 213. United States deposit moneys, apportionment of, sec. 115. treasurer of State to receive, sec. 114. to pay over to towns electing trustees, sec. 116. to retain and manage shares when, sec. 120. to divide income of shares of unorganized towns and gores, sec. 120. duties of treasurer in collecting loans of, sec. 126. trustees to receive, manage and report, sec. 117. to give bond for faithful management of ; office vacant if not given, sec. 118. to loan deposit money ; income payable to town treas- urer, sec. 119. town treasurers duties as to, sec. 121. income from to be appropriated for use of schools, sec. 127. towns liable to return, sec. 123. for misappropriation, sees. 124, 125. town school fund, powers and duties of selectmen as to, sees. 127, 128. selectmen may take and execute deeds, sees. 127, 128, tax-payers may take acknowledgment of and witness such deeds, sees. 127, 128. securities where kept ; treasurer's duty, sec. 130. State school tax, how assessed, see. 131. how apportioned ; when payable, sec. 132. upon what list apportioned, sec. 134. how assessed in unorganized towns and gores, sec. 133. selectmen of towns or mayor of cities to draw order for town or city's share, see. 133. how provided for by towns and cities, sec. 133. provisions of sec. 369, R. L. , not to apply to, see. 135. how divided among towns, see. 136. 82 INDEX. how divided when there is graded school district in town, sec. 136. SCHOOL YEAR, to commence and end when, sec. 94. school day, week and month, sec. 94. session of evening school treated as half-day, sec. 203. number of weeks of school required, sec. 95. school when not to be held without permission, sec. 95. no deduction on account of teachers' attendance on institute or teachers' association, sec. 96. no deduction on account of holidays, sec. 97. instruction provided in other school considered as part of, sec. 191. SELECTMEN, to appraise school houses and other property of districts, sec. 63; to appraise and adjust school property of fractional dis- tricts, sees. 65, 66. to appoint truant officers, sec. 8i. to appropriate school moneys on recommendation, sec. 112. to have charge of town school fund, sees. 127, 128. to take and execute deeds of lands in school fund, sees. 127, 128. to draw order for town's share of State school tax, sec. 133. to divide State school tax when, sec. 136. to add to tax of parent, etc., price of books furnished by pruden- tial committee or school directors, sec. 151. to organize school districts in unorganized towns and gores, sees. 158, 158a. to provide school on application when district fails to do so, sec. 197. powers and duties of in such cases, sees. 197-199. to appropriate certain sum annually as town school tax, sec. 215. forfeiture by town for neglect, sec. 216. disposal of forfeiture, sec. 217. to divide public moneys, see. 220. to ascertain if provisions of law have been complied with, sec. 224. penalty for distributing public money to district not entitled to share, sec. 227. duties of in location of school houses, sees. 233-235. proceedings before when districts neglects to provide school house or furnishings, sees. 236-241. not agreeing as to location of house to report, sec. 242. to assess damages for land taken for school purposes, sec. 243. may make order in regard to land taken for school purposes, see. 244. record of their proceedings, sec. 246. INDEX. 83 STATE SUPERINTENDENT OF EDUCATION, election of ; vacancy, sec. 1. salary of ; traveling expenses, sec. 2. to have ofl&ce at State house, sec. 3. clerk of; compensation, sec. 8. to be supplied with stationery, sec. 4. to hold teachers' institutes, sees. 5, 6, 7. may employ assistants at institutes, sec. 7. to visit each county; lecture, etc., sec. 9. his report, contents of, sec. 10. number of copies to be printed, sec. 11. who entitled to copies, sec. 11. to file his account quarterly, sec. 12. to nominate, approve and dismiss teachers in normal schools, sec. 29. to fix courses of study in normal schools, sec. 30. to stop State appropriations when law as to studies is not complied with, sec. 31. with the governor to appoint examiner of teachers, sec. 13. to fill vacancy, sec. 13. to remove for cause, sec. 16. to be member of examining board of normal and training schools, sees. 32, 41. to certify whether scholarships in normal schools have been law- fully granted, sec. 37. to make certificates on which appropriations for normal schools are drawn and direct as to expenditures, sees. 38, 39. to establish courses of study in training schools, sec. 41, with examiner may issue unlimited certificate to graduate of normal school, sec. 45. to prepare printed questions and fix standard of examinations, sec. 47. to issue certificates when examiner is incapacitated, sec. 50. to fix requirements of examinations, sec. 51. may direct certificate to be issued to graduate of college when, sec. 55. with examiner may issue certificate to one who has held exam- iners' certificate ten years, sec. 56. to procure printing of questions for examination, sec. 59. may require statistics of clerk of school board, sec. 98. to prescribe blank forms for registers and returns, sec. 101. to transmit registers to town clerks, sec. 102. may require school statistics of town clerks, sec. 108. to furnish suitable blanks therefor, sec. 108. 84 INDEX. may require returns of academies and grammar schools, sec. 109. penalty for receiving gratuity for recommending adoption of books or purchase of furniture or supplies, sec. 153. STATE TEACHERS' ASSOCIATION, no deduction made for time spent by teachers at, sec. 96. SUBJECTS, list of required to be taught in public schools, sees. 71, 182. T. TAKING LAND FOR SCHOOL PURPOSES, sees. 343-250. selectmen to assess damages when, sec. 248. damages to be paid or tendered before entry, sec. 244. owner to have time to remove buildings, sec. 244. proceeding to be recorded, sec. 245. reference may be had if owner is dissatisfied, sec. 246. appeal to county court, sec. 247. proceedings in county court, sees. 247-250. when lands selected are mortgaged, sec. 249. title to vest on payment of damages, sec. 250. TAXATION. (See School Taxes and School Moneys.) TEACHERS, dismissal of by town superintendent, sec. 22. in normal schools how appointed, sec. 29. in public schools must have certificate or permit, sec. 42. must be at least seventeen years of age, sec. 42. candidates for certificates may choose examination to attend, sec. 49. failing to secure license may be re-examined when, sec. 51. holding State certificate to notify town superintendent, sec. 57. must submit certificate for inspection when requested, sec. 57. to be employed by school directors or prudential committee, sees. 69, 170. to give certificate of attendance when, sec. 83. to give notice to directors of pupil's absence, sec. 87. no deduction from time of while attending teachers' institute or State teachers' association, sec. 96. not required to teach on holidays, sec. 97. to procure register of clerk, sec. 104. to keep daily record; to return register at end of term, sec. 104. register properly filled out entitled to certificate, sec. 105. school directors or prudential committee forbidden to pay when, sec. 173. duty of when pupil is not supplied with text-books, sec. 149. removal of, sees. 170, 69. INDEX. 85 TEACHERS, EXAMINER OP. (See Examiner of Teachers.) TEACHERS' INSTITUTES, sees. 5-8. expense of, sec. 8. how conducted, sees. 6, 7. arrangements for, sec. 14. no deduction from time while teacher is in attendance upon, sec. 96. TEXT BOOKS, how selected, sec. 137. use of books other than those selected unlawful; exception, sec. 138. contract of publishers of, sec. 139. in case of failure of publishers to supply how provided, sec. 140. sale of how arranged; price, sec. 141. expense of publishing report, how paid, sec. 142. penalty for accepting gratuity for selecting, sees. 143, 153. what books furnished by State, sec. 144. regulations concerning, sec. 145. town clerk to perform duties concerning, sees. 145, 146. to forward estimate of books required, sec. 146. secretary of State to procure and forward, sec. 147. such books to remain property of State, sec. 148. pupils to be provided with when parent, etc., neglects, sec. 149. price to be added to tax of parent, etc. ; may be omitted, sec. 151. town or district may by vote purchase books for use in its schools, sec. 152. TOWN CENTRAL SCHOOLS, school directors may establish, sec. 72. TOWN CLERK, to receive registers and forward receipt therefor.sec. 102. to make out and return statistics to State superintendent of edu- cation, sec. 108. compensation for services, sec. 110. to perform duties relating to books furnished by State, sees. 145,146. to distribute and reclaim books furnished by State, sec. 148. to examine clerks' returns of births and death, sec. 283. if correct to issue certificate, sec. 283. TOWN SUPERINTENDENT OF SCHOOLS, how appointed; compensa- tion, sec. 18. term of office of, sec. 19. duties of, sees. 18, 20, 21. to make recommendations to school directors, sec. 21. may dismiss incompetent^eachers, sec. 22. 86 INDEX. directors of town and graded school district may unite to appoint, sec. 33. of two or more towns, sees. 24-27. in what case may directors unite, sec. 24. directors to form joint committee, sec. 25. time of meeting; organization, sec. 25. salary of, how determined ; limit, sec. 25. towns to receive from State portion of, sec. 27. graded school districts may unite with, sec. 26. to appoint to scholarships in normal schools, sec. 34. may recommend for scholarships, sec. 35. teacher holding State certificate to notify, sec. 57. may issue permits, sec. 58. may inquire concerning employment of school children in mill or factory, sec. 84. penalty for receiving gratuity for recommending choice of books or purchase of furniture or supplies, sec. 153. . may make regulations concerning schools, sec. 170. which to prevail when conflicting, sec. 170. may direct the work of special superintendents, sec. 188. duties with reference to appropriation of school funds, sec. 219. division of public money, sec. 228. to make recommendations concerning school houses, etc. sec. 231. TOWN SYSTEM OP SCHOOLS, maintenance of schools under, sees. 60-78. school districts abolished; exceptions, sec. 60. towns to take charge of school houses, etc., sec. 62. debts to be paid by town ; debts paid by district, sec. 62. towns to provide and maintain school houses, etc., sec. 64. towns to elect board of three or six school directors, sec. 67. term of office of; eligibility; vacancy, sec. 67. voted for upon separate ballot, sec. 68. number of schools required; time and place of holding, sec. 71. number of weeks of school required, sec. 71. pupils may be conveyed to and from school at expense of town, sec. 71. branches to be taught in public schools, sec. 71. school directors of towns heretofore using town system continued in office, sec. 156. TRAINING SCHOOLS, department of graded schools, sec. 41. object of ; examining board in, sec. 41. TREASURER, SCHOOL DISTRICT, election; term of office, sec. 160. duties of; bond maybe required, sec. 168. INDEX. 8T to be member of board for abatement of taxes, sec. 210. public money to be paid by selectmen, sec. 220. TREASURER, TOWN, to keep a separate account of school funds, sec.113. TRUANCY, what children shall attend school, sec. 82. children under fourteen not to work in mill or factory when, sec. 83. employment of children under fourteen forbidden when, sec. 85. penalty for unlawful employment, sec. 86. complaint in violation of truancy law, sec. 91. truant oflS.cers, appointment of, sec. 81. on failure to appoint, who are, sec. 81. to make complaint when children are unlawfully employed, sec. 86. to inquire into absence of pupils and take measures to prevent, sec. 87. to arrest child who is a truant, sec. 89. to complain of and arrest pai-ent, etc., when, sec. 90. penalty for failure to perform duty, sec. 92. compensation of, sec. 93. TRUANT OFFICERS, powers and duties, sees. 81-93 (see Truancy). U UNION SCHOOLS, certificate of teachers in, continued in force, sec. 53. UNIVERSITY OF VERMONT AND STATE AGRICULTURAL COL- LEGE, appropriation in aid of, sec. 272. scholarships in; senators to appoint to, sec. 272, appointment to, when senators fail to make, sec. 274. preference to be given to candidates for agricultural depart- ment, sec. 275. UNITED STATES DEPOSIT MONEY (see School Taxes and School Mon- eys). UNORGANIZED TOWNS, schools in not affected by act abolishing school districts, sec. 60. State school ta-x, how assessed in, sec. 133. division of public money among districts in, sec. 120. how divided by State treasurer, sees. 222, 223. V VACANCY, in office of State superintendent of education, how filled, sec. 1. in office of examiner of teachers, how filled, sec. 13. in school district offices, how filled, sec. 175. in board of school directors, how filled, sec. 67. 00 INDEX, VOTERS, in graded school districts not entitled to vote in town meeting on school questions, sec. 61. rights of women as, sec. 68. who are voters in school district meetings; challenge of voters, sec. 179. may petition for call of school meetings; number required, sec. 176. may apply to selectmen to locate school house, sec. 234. may apply for an order when destrict neglects to provide, sec. 236. may apply for school when district neglects to maintain, sec. 197. VOTE, right to, how determined, sec. 179. W. "WOMEN, rights of as voters on school questions in town, city and dis- trict meetings, sec. 68. rights of to hold school offices, sec. 68. LIBRARY OF CONGRESS 019 748 504 8