OFFICIAL T>OTsTATION. LAWS OF NEW HAMPSHIRE RELATING TO PUBLIC SCHOOLS COMPILED FROM PUBLIC STATUTES AND SESSION LAWS OF 1891, 1893, 1895, 1897, 1899, 1901, 1903, 1905, 1907 DEPARTMENT OF PUBLIC INSTRUCTION '1 PRINTED AND BOUND BY RUMFORD PRINTING COMPANY CONCORD, N. H. FEB 19 1908 Osj -o CO SCHOOL LAWS. Amount re- quired bylaw. Towns may raise addi- tional. Towns may raise money . School money maj r be used for what. SCHOOL MONEY. The selectmen in each town shall assess annually upon the polls and ratable estate taxable therein, a sum to be computed at the rate of seven hundred and fifty dollars for every dol- lar of the public taxes apportioned to such town, and so for a greater or less sum. [For the public taxes, see session Laws of 1907, also blanks for annual report to this office. Multiply taxes for your town by 750. The result will be the money required by law.] The town may raise a sum exceed- ing the amount aforesaid, which shall be assessed in the same manner. Towns may, at any legal meeting, grant and vote such sums of money as they shall judge necessary to support schools, to build and repair school- houses. [But see also chapter 121, Laws of 1907, page 17 of this volume for special meetings.] The sums so raised shall be appro- priated to the sole purpose of main- taining public schools within the town for teaching reading, writing, English grammar, arithmetic, geography, and such other branches as are adapted to the advancement of the schools, in- cluding the purchase of fuel and other supplies, the making of occasional re- pairs upon schoolhouses, appurte- nances, and furniture, and the convey- Chapter 88, section 1, as amended by chapter 48* of the session laws of 1905. Chapter S section 2. Chapter 40, section 4. Chapter 88. section 3. SCHOOL LAWS. Assignment to districts. ance of scholars to and from school as provided by law. [Occasional repairs are those involv- ing a small expenditure, not repairs which amount to remodeling. For the latter, special appropriations should he made.] The school board of every district shall provide schools at such places within the district and at such times in each year as will best subserve the interests of education, and will give to all scholars of the district as nearly equal advantages as may be practi- cable. They may use a portion of the school money, not exceeding twenty- five per cent., for the purpose of con- veying scholars to and from the schools. The school board shall select and hire suitable and competent teachers holding certificates as provided by law, shall provide necessary fuel, and shall make such occasional repairs of the schoolhouses and furniture as may be necessary, not exceeding in cost five per cent, of the school money. [Certificates provided by law are those required to be issued by the local school board, good in the district in which they are issued, and those is- sued by the superintendent of public- instruction, good anywhere in the state.] The selectmen shall assign to each district a proportion of such money, according to the valuation of the dis- trict for the year, or in such other manner as the town, at the annual meeting, shall direct, and shall pay over the same to the school board of the district. When a guardian and ward reside in the same town, the selectmen shall assign the tax assessed upon the Chapter 92, section 1. Chapter 92, section 2, as amended by chapter 50, session laws of 1895. Chapter 88, section 4. Chapter 88, section 5. SCHOOL MONEY. Penalty for misappropria- tion by board. District may raise addi- tional. Literary fund. Distribution of literary fund. Literary fund may be used —for what. wards' personal property to the school district in which the ward lives and has his home. If the money so assigned and paid over to the school board of any dis- trict is not expended by them accord- ing to law, they shall be fined not exceeding twice the sum so unex- pended, or not legally expended, for the use of the district. Any district may raise money for the support of schools in additon to the sum required by law, which shall be assessed, collected, and paid over to the district as other school taxes. All taxes collected by the state upon the deposits, stock, and attending accumulations of depositors and stock- holders of savings banks, trust com- panies, loan and trust companies, loan and banking companies, building and loan associations, and other similar corporations, who do not reside in this state, or whose residence is unknown, shall be known as the "literary fund." The state treasurer shall assign and distribute, in November of each year, the literary fund among the towns and places in proportion to the num- ber of scholars not less than five years of age who shall, by the last reports of the school boards returned to the superintendent of public instruction, appear to have attended the public schools in such towns and places not less than two weeks within that year. No unincorporated place shall re- ceive its portion until a treasurer or school agent shall have been chosen to receive and appropriate the same as required by law. The portion of the literary fund so received by any town or place shall be assigned to the districts as other school money, and shall be applied to Chapter 88. section 7. Chapter 88, section 8. Chapter 88, section 9. Chapter 88, section 10. Chapter 8£ section 11. Chapter 81 section 12. SCHOOL LAWS. Penalty for misappropri- ating. Dog tax. Equalization and supervis- ory funds. See also page 56. the maintenance of the public schools during the current year; one fifth part thereof may be applied by the school board to the purchase of blackboards, dictionaries, maps, charts, and school apparatus. If any town or incorporated place or the agent of any unincorporated place shall apply any money so re- ceived to any other purpose, the town, place, or agent so offending shall re- fund to the state treasury double the sum so misapplied. All moneys arising from the taxation and licensing of dogs, remaining in the treasury of any town or city on the first day of April, annually, which is not due to holders of orders given for loss of or damages to domestic animals by dogs, shall be applied to the support of the public schools, and shall be assigned to the districts as other school money. The sum of twenty-five thousand dollars ($25,000) shall be appropriated annually from the state treasury for the purposes of this act. Twenty-five per cent, of the entire appropriation shall be set apart each year to carry into effect section three of this act. Any portion of the sum so set apart, and not expended as aforesaid, shall remain in the state treasury, to be uesd in any subsequent year, if needed, to carry out the purposes of said sec- tion. The remainder shall be paid by the state treasurer in December of each year to all the towns of the state in which the equalized valuation is less than $3,000 for each child of the average attendance in the public schools of such towns during the school year next preceding, and such other towns as may be added as here- inafter provided on the sworn state- Chapter 88,. section 13. Chapter 88, section 14. Chapter 77, session laws of 1899, sec- tion 6. SCHOOL MONEY. 7 ment of the superintendent of public instruction certifying as to what amount each town is entitled, in direct proportion to said average attendance, and in inverse proportion to the equal- ized valuation per child, and shall be used exclusively for the support of the public schools. The governor and council may, upon recommendation of the superintendent of public instruc- tion, add to the class of towns speci- fied above in this paragraph such other towns as may seem from their peculiar conditions to need relief from too great a burden of school taxation. No town shall receive any benefit chapter 77, under this act nor any portion of the session laws of 1899 S6P literary fund unless its returns have tion If* been made to the superintendent of public instruction, as required by chapter 92, section 13, of the Public Statutes, nor unless its schools have been maintained at least twenty weeks during the school year next preceding. High school Eight thousand dollars shall be ap- chapter 96, tuition rebate. p r0 priated annually from the state session laws treasury for the payment of tuition in of 1901, section O O C Q TY1 ATI <1 O (J high schools and academies, to be paid b ' y chapter 89, by the state treasurer in the month of session laws December of each year to the treas- of 1905 - urers of such towns as are entitled, and in such manner as is hereinafter provided, upon a sworn certificate of the superintendent of public instruc- tion of the sums due. Towns whose rate of taxation for school purposes in any year is $3.50 or more on $1,000, and whose average rate of taxation for all purposes for five years next preceding is $16.50 or more on $1,000, shall receive a share of said appropriation as follows: If the tax rate is from $16.50 to $17.49, one tenth of the tuition paid. SCHOOL LAWS. If the tax rate is from $17.50 to $18.49, two tenths of the tuition paid. If the tax rate is from $18.50 to $19.49, three tenths of the tuition paid. If the tax rate is from $19.50 to $20.49, four tenths of the tuition paid. If the tax rate is from $20.50 to $21.49, five tenths of the tuition paid. If the tax rate is from $21.50 to $22.49, six tenths of the tuition paid. If the tax rate is from $22.50 to $23.49, seven tenths of the tuition paid. If the tax rate is from $23.50 to $24.49, eight tenths of the tuition paid. If the tax rate is from $24.50 to $25.49, nine tenths of the tuition paid. Over $25.49, the whole of such tui- tion. If more than $8,000 should be needed in any year for the purposes of this act, the said $8,000 shall be distributed .pro rata to the towns entitled to re- ceive the same, in accordance with the foregoing classification. Definition. Legal organi- zation. Districts may II. SCHOOL DISTRICTS. Bach town shall constitute a single chapter 89, district for school purposes; provided, section l. however, that districts organized under special acts of the legislature may retain their present organization. School districts that have exercised chapter 89, the privileges of a district for a year section 2. shall be presumed to be legally organ- ized; and all districts legally organ- ized shall be corporations, with power to sue and be sued, to hold and dis- pose of real and personal property for the use of the schools therein, and to make necessary contracts relating thereto. School districts may raise money to for S ww ney procure land for schoolhouse lots, and Chapter 89, section 3. for what. SCHOOL DISTRICTS. Districts may hire money— for what. Payment of schoolhouse debt. District taxes. for the enlargement of existing lots; to build, purchase, rent, repair, or re- move schoolhouses and outbuildings; to procure insurance; to plant and care for shade and ornamental trees upon schoolhouse lots; to provide suit- able furniture, books, maps, charts, apparatus, and conveniences for schools; and to pay debts. School districts may hire money for building schoolhouses, not exceeding four fifths of the cost thereof, which shall be payable within five years, in equal proportions, with the interest. The selectmen, upon application of the creditor and receipt of copies of the vote and note of the district, may, in each annual tax, assess upon the district one fifth of such debt and the interest, and shall cause the same to be collected and paid to the town treasurer, and shall give an order upon the treasurer to the creditor for the amounts collected. In the assessment of school-district taxes, every person shall be taxed in the district in which he lives for his poll and his personal estate subject to taxation in town. Real estate shall be taxed in the district in which it is situated. The selectmen may make a new in- voice of all the property in the dis- trict when necessary for the just assessment of such taxes. If such taxes are assessed after the first day of July in any year upon the property of non-residents, the col- lector shall send to the owners of said property, or to their agents, if known, a bill of their taxes within two months after the delivery of the list to him, and shall, at the expiration of four months after such delivery, ad- vertise and sell the property on which Chapter 89, section 4. Chapter 89, section 5. Chapter 89. section 6. Chapter 89, section 7. Chapter 89, section 8. 10 SCHOOL LAWS. District high school. Joint schools of two or more districts. Contract with academj 7 or other literary institution. the taxes have not been paid in the same manner as if such taxes had been assessed in April preceding. Any school district may, by vote or by-law, establish and maintain a high school in which the higher" English branches of education and the Latin, Greek, and modern languages may be taught. Two or more adjoining districts in tbe same or different towns may make contracts with each other for estab- lishing and maintaining jointly a high or other public school for the benefit of their scholars, and may raise and appropriate money to carry the con- tracts into effect; and their school boards, acting jointly or otherwise, shall have such authority and perform such duties in relation to schools so maintained as may be provided for in the contracts. Any school district may contract with an academy, seminary, or other literary institution located within its limits or in its immediate vicinity, for furnishing instruction to its scholars; and the school money may be used to carry the contract into effect. [Contracts made with corporations outside the state are not considered valid, except in the cases specified in the section below.] Any school district may make con- tracts with any academies or high schools or other literary institutions located in the state for furnishing in- struction to its scholars; and such school district may raise and appro- priate money to carry into effect any contracts in relation thereto. Then every such academy or high school or literary institution shall be deemed a high school maintained by such dis- trict, if approved by the superintend- Chapter 8! section 9. Chapter 89, section 10. Chapter 89, section 11. Chapter 96. session laws of 1901, section 6, as amended by chapter 90, session laws of 1905. SCHOOL DISTRICTS. 11 Admission of scholars from other dis- tricts. Districts situ- ate in two or more towns. Dissolution of special dis- trict. ent of public instruction in accordance with section 4 of this act. The school districts in the town of Walpole, Mason, Rollinsford and Con- way may make contracts with Bellows Falls, Vt, Townsend, Mass., Berwick Academy, Me. and Fryeburg Academy, Me., respectively, for furnishing in- struction to their pupils of high school grade, and may raise and appropriate money to carry such contracts into effect. Each district may determine upon what terms scholars from other dis- tricts or towns may be admitted into its schools. If the district neglects to make such determination, the school board may do it. Every district situate in two or more towns shall be entitled to its just pro- portion of school taxes, income of school funds, literary fund, and dog tax in each town, according to the val- uation of polls and property taxable therein. Any school district organized under a special act of the legislature may, by a majority vote of the qualified voters present and voting at a legal meeting, dissolve its corporate exist- ence and unite with the town district. In such case the town district so formed shall forthwith take posses- sion of the schoolhouses, lands, appa- ratus, and other property owned and used for school purposes by the dis- trict so dissolved which the district migbt lawfully sell or convey. The property so taken, and also like property of the district to which the special district is united, shall be ap- praised by the selectmen of the town, and at the next annual assessment a tax shall be levied upon the whole town district equal to the amount of Chapter 122, laws of 1907. Chapter 89, section 12. Chapter 89, section 13. Chapter 89, section 14. Chapter 89 f _ section 15. Chapter 89,, section 16. 12 SCHOOL LAWS. the whole appraisal; and there shall be remitted to the taxpayers of each district the appraised value of its property. If a district so dissolved is formed of parts of two or more towns, an equitable apportionment of its assets and liabilities between such parts shall be made by the selectmen of the towns in which they are situate, act- ing as a joint board, within sixty days after the dissolution. If such joint board fail to make an apportionment within the time limited therefor, any taxpayer within the dis- trict may apply by petition to a judge of the supreme court for the appoint- ment of a referee to make the appor- tionment. The judge shall appoint a time and place of hearing upon the petition, and order notice thereof to be given to all parties interested, and after hearing them he shall appoint a referee. The notice shall be served by post- ing copies of the petition and order thereon in at least two public places in each of said parts, and by giving to the clerk of the dissolved district, and the clerk of each town district in which any part thereof is located, like copies ten days at least before the day of hearing. The referee shall cause notice of his hearing to be given to all parties in- terested, in the same manner as is pro- vided in the preceding section. He shall hear the parties, make his report in writing, and file a copy thereof with the clerk of the dissolved dis- trict and the clerk of each town in- terested; and the report, so made and filed, shall be final. Upon receiving a copy of the appor- tionment, the selectmen shall assess Chapter 89, section 17. Chapter 89, section 18. Chapter 89, section 19. Chapter 89, section 20. Chapter 89, section 21. Chapter 89, section 22. SCHOOL DISTRICTS. 13: upon that part of the district within their town the amount for which it is charged, and cause the same to be collected and paid to the town district in which the creditor part of the dis- solved district is situated. The town district shall take the property and assets of that part of the dissolved district which is situate in such town district, and the selectmen of the town shall assess and remit taxes with reference to the property so taken, and like property of the town district, the same as in other cases. The corporate powers of a district shall continue for the purpose of set- tling up its affairs and of holding, managing, and enjoying any property held by it in trust, notwithstanding its dissolution, but the school board of the district of which it forms a part shall be its agents to expend the income of any such trust property that is devoted to the support of schools. The school board shall first give to such district or districts such term or character of schooling as would be just and reasonable if no such fund were in existence, and only use the income to lengthen the school or schools, or to carry out the purposes of the trust under which the funds are held. Any justice of the peace may, upon application of three or more voters, resident within the limits of the dis- solved district, call a meeting thereof in the same manner as other school- district meetings are called, at which a moderator, clerk, and agents may be chosen, and any other business transacted for the purposes mentioned in section 24 of this chapter. Chapter 89 r section 23. Chapter 89,. section 24. Chapter 89,. section 25. Chapter 89 r section 26. u SCHOOL LAWS. The records of dissolved school dis- tricts whose corporate existence is not continued for/ any purpose shall be returned by the clerks of such dis- tricts to the town clerk's office for preservation with the public records of the town. Maintenance Whenever any school district organ- schools in dis- izecl under a special act of the legisla- solved special ture shall vote to abolish such district ■districts. and to unite with the town district, if said town district shall vote to re- ceive said special district, if said spe- cial district has for the five years next preceding such vote maintained a high school, it shall be incumbent on the town district with which it unites to thereafter keep and maintain within the limits of said special distrct a high school for at least thirty-four weeks in each year, and of equal grade to that which had been previously maintained therein by such special district, said high school to be open to all scholars in the town district, of suitable age and qualifications. It shall be the duty of said town dis- trict to raise and appropriate each year thereafter sufficient money in addition to the school money which the town in which it is situated may raise, to properly maintain such high school, or schools, as may be estab- lished under the preceding section. Any high school hereby established may be discontinued or the location thereof changed, by the supreme court, on petition of the school board of the town district in which it is located, after such notice as the court may order, if it shall appear that the educational interests of the town dis- trict require such discontinuance or change. Chapter 89, section 27. Chapter 64, session laws of 1891, sec- tion 1. Chapter 64, session laws of 1891, sec- tion 2. Chapter 64, session laws of 1891, sec- tion 3. SCHOOL DISTRICTS. 15 Annexation of territory situ- ate in one dis- trict to an- other district for school purposes. Any person interested in severing part of any town therefrom and an- nexing it to another town, or school district therein, for school purposes, may apply therefor by petition to the selectmen of the town from which it is proposed to sever such territory, and to the selectmen of the town to which it is proposed to annex the same. It shall be the duty of said select- men, upon notice to such petitioners and to the school boards of the respec- tive towns and school districts inter- ested in the proposed transfer, to hear the parties, and determine whether the reasonable accommodation of such petitioners or others requires such transfer, and to make return of their findings to the clerks of their respec- tive towns in writing within thirty days. If a majority of each of said boards of selectmen report in favor of such transfer, they shall sign a certificate of that fact, describing such territory, and stating that it is annexed to such adjoining town, or district therein for school purposes, which certificate shall be recorded by the town clerk of each town. Any territory now or hereafter an- nexed for school purposes to an ad- joining town or school district therein, may, upon proceedings such as have been prescribed in the foregoing sec- tions of this act, be restored to the town or district from which it has been severed. The annexation of territory under this act shall have the same force and validity as if made by a special act of the legislature. Chapter 72, session laws of 1893, sec- tion 1. Chapter 72, session laws of 1893, sec- tion 2. Chapter 72, session laws of 1893, sec- tion 3. Chapter 72, session laws of 1893, sec- tion 4. Chapter 72, session laws of 1893, sec- tion 5. 16 SCHOOL LAWS. The selectmen and collector of any town to which part of any other town is now or may hereafter be annexed for school purposes shall have the same powers and duties in respect to such annexed territory, of furnishing blank inventories and of assessing and collecting taxes for school purposes, and the inhabitants and owners thereof shall for such purposes be subject to the same liabilities, as if such territory were in the town to which it is or may be annexed. Section 6' jof chapter 72 of the Ses- sion Laws of 1893 shall not apply to special districts, but only to town dis- tricts, and all special taxes voted by said districts shall be assessed and col- lected in the same manner as they were assessed and collected prior to the enactment of said chapter 72. The selectmen of any town, and the school board of any high school or other special district in the same town, may, upon petition of persons inter- ested, after notice to the school board of the town school district of such town, and after hearing the parties, unite parts of either district to the other, a majority of the board of se- lectmen and a majority of the school board of such special district, and a majority of the school board of the town school district concurring therein, and their decision in writing being recorded on the town records. Chapter 72, session laws of 1893, sec- tion 6. Chapter 72, session laws of 1893, sec- tion 6, as lim- ited by chap- ter 26, session laws of 1897. Chapter 72, session laws of 1893, sec- tion 7, as amended by chapter 75, session laws of 1895. III. MEETINGS AXD OFFICERS DISTRICTS. OF SCHOOL Timeofannual A meeting of every school district Chapters, meeting. s k all be holden annually between the section l. first day of March and the twentieth day of April, inclusive, for the choice SCHOOL LAWS. 17 Special meet- ing. Place of meet- ing. Warrant for meeting. of district officers and the transaction of other district business. A special meeting of a school dis- trict shall be holden whenever, in the opinion of the school board, there is occasion therefor, or whenever ten or more voters, or one sixth of the voters of the district, shall have made writ- ten application to the school board therefor, setting forth the subject- matter upon which action is desired. No village district or precinct, school district, highway district, fire district or other like subdivison of a town, shall raise or appropriate money at any special meeting of the inhabi- tants thereof, except by vote by ballot, nor unless the ballots cast at such meeting shall be equal in number to at . least one half of the number of le- gal voters of such district at the reg- ular meeting next preceding such spe- cial meeting; and if a check list was used at the last preceding regular meeting, the same shall be used to ascertain the number of legal voters in said district; and such check list, corrected according to law, may be used at such special meeting upon re- quest of ten legal voters of the district. School-district meetings may be held at the usual place where town meet- ings of the town are held, or at such other suitable place as in the opinion of the officers calling the meeting will best accommodate the voters. They shall be warned by the school board, or, in cases authorized by law, by a justice of the peace, by warrant addressed to the inhabitants of the district qualified to vote in district affairs, stating the time and place of the meeting and the subject-matter of the business to be acted upon. Chapter 90, section 2. Chapter 121, laws of 1907. Chapter 90, section 3. Chapter 90. section*4. 18 SCHOOL LAWS. Qualification for voting. Checklist at school meet- ings. The officers issuing a warrant for a district meeting shall insert therein any subject-matter for which applica- tion has been made to them in writing by ten or more voters, or by one sixth of the voters of the district. The school board or justice issuing a warrant shall cause an attested copy of it to be posted at the place of meet- ing, and a like copy at one other pub- lic place in the district, fourteen days before the day of meeting. If the school board does not cause a warrant for the annual meeting to be posted on or before the second Tues- day of March, in any year, or for a special meeting within ten days after application therefor is made to them, a justice of the peace, upon applica- tion of ten or more voters, or of one sixth of the voters of the district, may issue such warrant and cause it to be posted. The warrant, with a certificate thereon, verified by oath, stating the time and places when and where copies of it were posted, shall be given to the clerk of the district at or before the time of the meeting, and shall be recorded by him in the records of the district. Any person, whether male or female, but in all other respects except sex qualified to vote in town affairs, may vote at school-district meetings in the district in which such person has re- sided and had home three months next preceding the meeting. Upon petition of ten legal voters of any district, presented in January, or if the district at its annual meeting shall have voted that a checklist be used at future meetings, the school board shall make, post, and correct a list of the legal voters in the district, Chapter 90, section 5. Chapter 90, section 6. Chapter 90, section 7. Chapter 90, section 8. Chapter 90, section 9. Chapter 90, section 10. SCHOOL DISTRICTS. 19 Penalty for il- legal voting. Officers. as supervisors are required to do in regard to the list of voters in their towns; and such list shall be used and checked, at the election of officers and otherwise, at the annual meeting of the district, as in case of town meet- ings. [Section 10 was amended by chapter 97 of Session Laws of 1895, as follows: That section 10 of chapter 90 of the Public Statutes shall not be applicable to any special school district in this state, unless a petition for a check- list shall be signed by five per cent, of the legal voters of the district.] If any person under the age of twenty-one years, or any alien not naturalized, or any person who has not resided and had his home in the district for three months and in the town for six months preceding, shall vote in any district meeting, or if any person shall give in more than one vote for any officer voted for at the meeting, or if any person, being under examination before the school board as to his qualifications as a voter, shall give any false name or answer, he shall be fined not exceeding thirty dol- lars, or be imprisoned not exceeding three months. The officers of every school district for which the law does not otherwise provide shall be a moderator, a clerk, a school board of three persons, a treasurer, and one or more auditors, and such other officers and agents as the voters may judge necessary for managing the district affairs. While any district maintains a high school or unites with another district in maintaining one, it may have a school board consisting of three, six, or nine members, as it shall determine by vote or by-law. Whenever it ceases Chapter 97, , session laws of 1895. Chapter 90, section 11. Chapter 90, section 12. Chapter 90, section 13. 20 SCHOOL LAWS. Eligibility to office. Manner of election. Term of offi- cers. Moderator. Clerk. to maintain or to unite in maintain- ing a high school, it shall thereafter- wards elect only one member to the school board each year to fill vacan- cies occurring from expiration of term of service, so that the board will de- crease in numbers, year by year, until it shall be composed of only three members. No person shall be eligible to any school-district office unless he is a voter in the district. The moderator shall be chosen by ballot, by a plurality vote; the clerk, school board, and treasurer shall be chosen by ballot, by a majority vote. The moderator, clerk, and school board shall be sworn. One third of the members of the school board shall be chosen each year to hold office for three years, and until their successors are chosen and quali- fied, and vacancies in the board shall be filled so as to preserve such suc- cession in office. All other officers shall be chosen annually, and shall hold office for one year, and until their successors are chosen and qualified. The moderator shall have the like power and duty as a moderator of a town meeting to conduct the business and to preserve order, and may admin- ister oaths to district officers and in the district business. In case of a va- cancy or absence, a moderator pro tempore may be chosen. The clerk shall keep a true record of all the doings of each meeting; shall deliver to the selectmen of the town an attested copy of every vote to raise money within ten days after the meet- ing; shall make an attested copy of any record of the district for any per- son upon request and tender of legal fees therefor; shall act as moderator Chapter 90, section 14. Chapter 90, section 15, amended by chapter 69, session laws of 1897. Chapter 90, section 16. Chapter 90, section 17. Chapter 90, section 18. SCHOOL DISTRICTS. 21 of any meeting until a moderator pro tempore shall be chosen, if the mod- erator is absent or the office has be- come vacant; and shall have the same power to administer oaths which the moderator has. If the clerk is absent at any meeting, a clerk pro tempore shall be chosen. The clerk of every school district shall, forthwith, after the election from time to time of members of the school board, report in writing their names and post-office addresses to the town clerk of the town; and if he fails to do so, he shall be fined twenty dol- lars, one half for the use of the com- plainant and the other half for the use of the town. Treasurer. The treasurer shall, before entering upon the duties of his office, give a bond with sufficient sureties to the district, to the acceptance of the school board, for the faithful perform- ance of his official duties. The treasurer shall have the custody of all moneys belonging to the district, and shall pay out the same only upon orders of the school board. He shall keep a fair and correct account of all sums received into and paid from the district treasury. At the close of each fiscal year he shall make a report to the district, giving a particular ac- count of all receipts and payments during the year. He shall furnish to the school board statements from his books, and submit his books and vouchers to them and to the district auditors for eaxmination, whenever so requested. Auditors. The auditors shall carefully exam- ine the accounts of the treasurer and school board at the close of each fiscal year, and at other times whenever necessary, and report to the district Chapter 90, section 19. Chapter 90, section 20. Chapter 90, section 21. Chapter 90, section 22. 22 SCHOOL LAWS. FilliDg of va- cancies. District may require elec- tion or ap- pointment of superintend- ent. Evening schools. whether the same are correctly cast and well vouched. The school board shall fill vacancies occurring on the board, and in other district offices except that of moder- ator, until the next annual meeting of the district. In case of vacancy of the entire membership of the board, or the remaining members are unable to agree upon an appointment, the select- men, upon application of one or more voters in the district shall fill the va- cancies so existing until the next an- nual meeting of the district. A school district may require the school board to elect or appoint a su- perintendent of schools, who shall hold office for such term, be vested with such of the powers and charged with such of the duties of the school board, and be entitled to such compensation as it may provide; and such district may raise and appropriate money to pay the compensation. Upon petition of five per cent, of the legal voters of any city or town hav- ing more than five thousand inhab- itants, according to the latest United States census, said city or town shall establish and maintain, in addition to the schools required by the law to be maintained therein, evening schools for the instruction of persons over fourteen years of age in such branches of learning and art as the school board shall deem expedient. The school board of such cities and towns shall have the same superin- tendence over such evening schools as they have over other schools, and may determine the term or terms of time in each year and the hours of the evening during which such schools shall be kept, and may make such reg- Chapter 90, section 23. Chapter 90, section 24, amended by chapter 48, session laws of 1895. ChapterJ112, session laws of 1901, sec- tion 1. Chapter 112, session laws of 1901, sec- tion 2. SCHOOLHOUSES AXD GROUNDS. 2 illations as to attendance at such schools as they may deem expedient. Nothing contained in this act shall chapter 112, exempt any person from the require- session laws ments of chapter 93 of the Public tionS!' SGC " Statutes. IV. Location. Power of building com- mittee. Grievance on account of location. School board may locate — when. Appeal. SCHOOLHOUSES AND GKOUNDS. The district may decide upon the location of its schoolhouses, by vote or by a committee appointed for the purpose. No committee shall have power to bind the district beyond the amount of money voted by it, and the district shall not be bound by any act, as a ratification of the doings of such com- mittee, beyond their authority, unless by express vote of the district. If ten or more voters of a district are aggrieved by the location of a schoolhouse by the district or its com- mittee, they may apply by petition to the school board, who shall hear the parties interested and determine the location. If the district does not agree upon a location for a schoolhouse or upon a committee to locate the same, or if the same is no t located by such committee within thirty days after its appoint- ment, the school board, upon petition of ten or more voters, shall determine the location. If ten or more voters of a school district are aggrieved by the location of a schoolhouse by the district or its committee, or by the school board, they may apply by petition to the county commissioners within ten days after the making of the location, who shall hear the parties interested and determine the location. Chapter 91, section 1. Chapter 91, section 2. Chapter 91, section 3. Chapter 91, section 4. Chapter 91, section 5. 24 SCHOOL LAWS. Hearing appeal. Compensation of commis- sioners. Term of loca- tion. Enlargement of school- house lot. The chairman of the county commis- sioners shall appoint a time and place within the district for a hearing upon every such petition; and shall give notice thereof by causing attested copies of the petition and order of no- tice to be posted at two or more public places within the district and to be given in hand to, or left at the abode of, the clerk of the district and of one of the school board, fourteen days be- fore the day of hearing. In such cases, vacancies in the board of commissioners arising from disqual- ification of members or otherwise shall be filled in the same manner as like vacancies are filled in highway cases referred to them. The hearing shall be closed within sixty days. The commissioners shall hear all parties interested who desire to be heard, and shall make their de- cision in writing and file it with the clerk of the district. The district shall take no steps to carry into effect a former location while any subsequent proceedings au- thorized by law for a change thereof are pending. ^ The commissioners shall be paid by the district for their services the same fees as in highway cases. Districts are authorized to raise money for that purpose. The location of schoolhouses, how- ever made, shall be conclusive for the term of five years, unless an appeal therefrom shall be prosecuted as pro- vided in this chapter. The school board or county commis- sioners may enlarge any existing schoolhouse lot so that it shall contain not exceeding one acre, upon such pe- tition to them and proceedings thereon as are required to authorize them to Chapter 91, section 6. Chapter 91, section 7. Chapter 91, section 8. Chapter 91, section 9. Chapter 91, section 10. Chapter 91, section 11. Chapter 91, section 12. SCHOOLHOUSES AND GROUNDS. 25 Appeal from appraisal. determine the location for a school- house. Appraisal for if any school district shall neglect lana damages. Qr refuse to procure the lot of land selected for the location of a school- house or for the enlargement of an existing schoolhouse lot, as provided in this chapter, or if the owner of the land shall refuse to sell the same to the district for a reasonable price, the selectmen, upon petition to them by the school board or by three or more voters of the district, shall appraise the damages occasioned to the land- owner by the taking of his land. The appraisal shall be made in writing, and be filed with the clerk of the dis- trict. Any landowner aggrieved by such appraisal of his damages may appeal therefrom to the supreme court by pe- tition within sixty days after the ap- praisal is filed with the clerk of the district; and the procedure and reme- dies upon such appeal shall be the same as in appeals from the assess- ment of damages by selectmen in high- way cases, except that service of papers shall be made upon the clerk of the district and one of the school board, instead of the town clerk and one of the selectmen, and except as provided in the following section. Upon payment or tender of the dam- ages awarded, the land shall vest in the district, and it may take possession of it. Such payment or tender may be made in accordance with the award of the selectmen before an appeal is taken, or while an appeal is pending, and shall have like effect. In such case, if the damages are increased upon appeal the landowner shall have judgment for the excess; if decreased, Possession. Chapter 91, section 13. Chapter 91, section 14. Chapter 91, section 15. 26 SCHOOL LAWS. Selectmen may build, re- move, etc. — when. Schools shall be kept— where. Use of school- houses for other pur- poses. Selection and purchase of lots in cities. the district shall have judgment for the amount of the decrease. If the result of the appeal is to change the award of damages in favor of the land- owner, he shall recover costs; other- wise, he shall pay costs. If a district shall refuse or neglect to build, repair, remove, or fit up a schoolhouse, or shall refuse or neg- lect to build a schoolhouse upon or to remove it to the lot designated as aforesaid, the selectmen, upon petition of three or more voters of the district, after hearing the parties, may assess upon the district and collect such sums of money as may be necessary, and therewith cause such schoolhouse to be built, removed, repaired, or fit- ted up. The schools of a district shall be kept in its schoolhouses, if it has suit- able houses that will accommodate the scholars; if not, the school board shall provide suitable accommodations for the schools at the expense of the dis- trict. A school district or the school board thereof may grant the use of any schoolhouse in the district for a writ- ing or singing school, and for religious and other meetings, whenever such use will not conflict with any regular school exercise. The persons so using a schoolhouse shall be liable for any damages to the same and to the prop- erty therein. The school board of cities shall have sole power to select and purchase land for schoolhouse lots. When said board has secured, by vote of the city coun- cils, an adequate appropriation for the purchase of a specified lot at a speci- fied price, then said board may make the purchase. Chapter 91, section 16. Chapter 91, section 17. Chapter 91, section 18. Chapter 65, session laws of 1897, sec- tion 1. SCHOOLHOUSES AND GROUNDS. 27 Building, etc., in cities. Shade etc. trees, Doors to open outwards. No schoolhouse shall be erected, altered, remodeled, or changed in any city school district, unless the plans thereof have been previously submit- ted to the school board of that dis- trict and received its approval, and all new schoolhouses shall be constructed under the direction of a joint special committee, chosen in equal numbers by the city councils and the school board. Upon the completion of a new schoolhouse, the city councils shall, by vote, transfer it to the care and control of the school board. When- ever a schoolhouse shall no longer be needed for public school purposes, the school board shall re-transfer its care and control to the city. The provisions of the three preced- ing sections shall not apply to the Union School District of Concord, or to the Union School District in the city of Keene. Whenever any party, at a proper time of the year, shall present to the selectmen of any town or ward, well- grown nursery trees of the nut, shade, or ornamental varieties, such select- men may set out said trees in the high- ways, cemeteries, commons, school- house yards, and other public places, as indicated by the donor of said trees, and protect the same at the expense of the town. Nothing in this act shall be con- strued to compel any party to have trees set in the highway on the side next his land without his consent. The outer doors, and doors or pas- sages leading outwards, of churches, schoolhouses, public halls and build- ings to be used for public purposes, except depots, hereafter constructed, shall open outwards. Chapter 65, session laws of 1897, sec- tion 2. Chapter 65, session laws of 1897, sec- tion 3. Chapter 65, session laws of 1897, sec- tion 4. Chapter 44, session laws of 1897, sec- tion 1. Chapter 44, session laws of 1897, sec- tion 2. Chapter 116, section 7. 28 SCHOOL LAWS. Barbed wire fences near schoolhouses. Nuisance in vicinity of schoolhouse. Saloons and schoolhouses. If any owner or occupant of land ad- joining land occupied by a school dis- trict for school purposes erects, keeps or maintains any barbed wire fence to separate or divide such lands, he shall be fined not exceeding twenty- five dollars. The selectmen or school board shall prosecute at the expense of the town or district, as the case may be, any violations of the preceding section. If any person shall use or occupy a building or place near a dwelling- house or schoolhouse, or in the com- pact part of a town, for a slaughter- house, a place of deposit of green pelts or skins, or for trying tallow, currying leather, or carrying on any other business that is offensive to the public, without the written permission of the health officers of the town, he shall forfeit ten dollars for each month such building or place shall be so used or occupied, to be recovered for the use of the town. No license shall be granted for the traffic in liquor in any building which shall be on the same street or avenue within two hundred feet of a building occupied exclusively as a church or schoolhouse, the measurements to be taken in a straight line from the center of the nearest entrance to the building used for such church or school, to the center of the nearest entrance to the place in which the traffic in liquor is desired to be carried on, or in any location where the traffic shall be deemed by said board of license commissioners detri- mental to the public welfare, provided, that this restriction shall not apply to hotels or drug stores used as such on the first day of January, 1903. Chapter 143, section 31. Chapter 143, section 32. Chapter 108, section 15. Chapter 95, session laws of 1903, sec- tion 9. SCHOOL BOARDS, TEACHERS, TRUANT OFFICERS. 29 V. Provision of schools. Conveyance of scholars. Hiring of teachers. Repairs. Dismissal of teachers. Teacher's right to hear< ing. SCHOOL BOARDS, TEACHERS AND TRUANT OFFICERS. The school board of every district shall provide schools at such places within the district and at such times in each year as will best subserve the interests of education, and will give to all scholars of the district as nearly equal advantages as may be practi- cable. They may use a portion of the school money, not exceeding twenty- five per cent., for the purpose of con- veying scholars to and from the schools. The school board shall select and hire suitable and competent teachers holding certificates as provided by law, shall provide necessary fuel, and shall make such occasional repairs of the schoolhouses and furniture as may be necessary, not exceeding in cost five per cent, of the school money. [Certificates provided by law and those required to be issued by the local school board good in the district in which they are issued, and those is- sued by the superintendent of public instruction, good anywhere in the state.] They may dismiss any teacher found by them to be immoral or incompetent or who shall not conform to regula- tions prescribed; provided, however, that no teacher shall be so dismissed before the expiration of the period for which said teacher was engaged with- out having previously been notified of the cause of such dismissal, and pro- vided further that no teacher shall be so dismissed without having previ- ously been granted a full and fair hearing. Chapter 92, section 1. Chapter 92, section 2, amended by chapter 50, session laws of 1895. Chapter 92, section 3, as amended by chapter 59, session laws of 1905. 30 SCHOOL LAWS. Power of board to pre- scribe regula- tions. Studies to be prescribed. Examination of teachers.— See also be- low. The district shall be liable in the action of contract to any teacher dis- missed in violation of the provisions of the preceding section to the extent of the lull salary for the period for which such teacher was engaged. The school board may prescribe reg- ulations for the attendance upon, and for the management, studies, classifi- cation, and discipline of the schools; and such regulations, when recorded by the district clerk, and a copy there- of has been given to the teachers and read in the schools shall be binding upon scholars and teachers. They shall prescribe in all mixed schols and in all graded schools above primary, the studies of physiology and hygiene, having special reference to the effects of alcoholic stimulants and of narcotics upon the human system, and shall see that the studies so pre- scribed are thoroughly taught in said schools and that well approved text- books upon these subjects are fur- nished to teachers and scholars, and that the constitution of the United States and of the state of New Hamp- shire be read aloud by the scholars at least once during the last year of the course below the high school, and may permit or prescribe the study of alge- bra, geometry, surveying, bookkeep- ing, philosophy, chemistry, and nat- ural history, or any of them, and other suitable studies.* School boards shall, annually, in the month of June or July, and at such other times as they deem best, hold an examination of candidates for certificates of quali- fication to teach in the public schools. Chapter 92, section 4, as changed by chapter 59, session laws of 1905. Chapter 92, section 5. Chapter 92, section 6, as amended by chapter 40, session laws of 1895, and chapter 31, session laws of 1903. * Section 2, chapter 40, laws of 1895. If any member of the school board shall neglect or refuse to comply with the provisions of the first paragraph of section 6, he shall forfeit the sum of two hundred dollars. SCHOOL BOARDS, TEACHERS, TRUANT OFFICERS. 31 Free text- books. Candidates shall be examined in the studies prescribed by law, or by the school board in accordance with law. Such candidates as pass an examina- tion satisfactory to the school board, and present satisfactory evidence of good moral character and capacity for government, shall receive certificates of qualification signed by the school board, to continue in force not more than one year from the date thereof. They shall purchase, at the expense of the city or town in which the dis- trict is situated, text-books and other supplies required for use in the pub- lic schools; and shall loan the same to the pupils of such schools free of charge, subject to such regulations for their care and custody as the school board may prescribe. They shall make provision for the sale of such books at cost to pupils of the school wishing to purchase them for their own use. [Text-books and supplies cannot le- gally be paid for out of school money. See chapter 88, sections 3 and 7, pages 3 and 5 of this volume.] They shall They shall purchase at the expense purchase and of the city or town in which the dis- display u. s. trict is situated, a United States flag flag. of bunting not less than five feet in length with a flagstaff and appliances for displaying the same, for every schoolhouse in the district in which a public school is taught not other- wise supplied. They shall prescribe rules and regulations for the proper custody, care, and display of the flag; and whenever not otherwise displayed, it shall be placed conspic- uously in the principal room of the schoolhouse. Any members of a school board who shall refuse or neg- lect to comply with the provisions of Chapter 92, section 7, as amended by- session laws of 1895. Chapter 92, section 8, as amended by chapter 50, session laws of 1895 and chapter 39, session laws of 1903. 32 SCHOOL LAWS. Certain books shall not be used. Patriotic ex- ercises. Holidays. Registers to be furnished. Teachersshall keep regis- ters. this section shall be fined ten dollars for the first offense and twenty dol- lars for every subsequent offense. Not more than ten dollars shall be expended for the flag, flag-staff, and appliances for any one schoolhouse, and the school board shall have the same control over its preservation and display that it has over the other dis- trict property. [The flag, staff and appliances can- not be paid for out of school money.] Send the bill to the selectmen or city council. No book shall be introduced into the public schools calculated to favor any particular religious sect or political party. In all the public schools of the state one session during the week in which Memorial Day falls, or a portion there- of, shall be devoted to exercises of a patriotic nature. Thanksgiving Day and Fast Day, whenever appointed; Labor Day; the twenty-second day of February, the thirtieth day of May; the fourth day of July, and Christmas Day shall be legal holidays, and when either of the last four days mentioned occurs on Sunday, the following day shall be ob- served as a holiday. They shall furnish to every teacher one of the blank registers provided by the superintendent of public instruc- tion, and shall visit and examine each school in their district at least twice in each term, once near the beginning and once near the close thereof. Every teacher shall make the en- tries in the register required by the superintendent of public instruction, and at the close of the term shall re- turn the register to the school board. Twenty dollars of the wages of every Chapter 92, section 9, as amended by chapter 50, session laws of 1895. Chapter 14, session laws of 1897. Chapter 11, session laws of 18 9 9, as amended by Chapter 7, sesssion laws of 1907. Chapter 92, section 10. Chapter 92, section 11. SCHOOL BOARDS, TEACHERS, TRUANT OFFICERS. 33 Reports to be filed with, se- lectmen. teacher shall be withheld until he has made such return. School boards shall file with the se- lectmen on or before the first day of August, in each year, their reports to their respective districts, stating the number of weeks the public schools have been kept in their districts in summer and winter, and what portion by male and what by female teachers; the number of teachers employed dur- ing the year, reckoning successive teachers employed in the same school as one teacher; the number of days' attendance of all the pupils of the dis- trict, inclusive of days spent by teach- ers of the schools of said district in attendance upon teachers' institutes as provided by law and days spent in attendance upon the annual meeting of the state teachers' association, and the average attendance of pupils dur- ing the remainder of the term shall be considered as the attendance of the pupils during such days; the number of scholars who have attended each school; the number who have at- tended to each study; the number of scholars of their districts not less than five years of age who have attended the public schools in their district not less than two weeks during the year; and containing such suggestions rela- tive to the schools as they may think useful. School boards of town districts shall also include in their reports a statement of the number of children of each sex reported by the truant officer or agents of the school board; the number of each sex between the ages of five and sixteen years who have not attended school; the number of scholars not less than five years of age who have attended the district schools in the town not less than two Chapter 92, section 12, as amended by chapter 50, session laws of 1895. 34 SCHOOL LAWS. Reports to be made to su- perintendent of public in- struction. Penalty for refusal or neglect. Penalty for neglect of duty. Boards to ap- point truant officers. Duties of tru- ant officers. weeks during the year, and the num- ber of persons in each district be- tween the ages of fourteen and twenty-one years who cannot read and write. School boards shall on or before the fifteenth day of July in each year, send to the superintendent of public instruction copies of their annual re- ports and answers to the questions proposed by him, relating to the schools in their district; the school year shall begin with the fall term. Any member of a school board who shall neglect or refuse to comply with the provisions of the preceding sec- tion shall be fined not exceeding fifty dollars. If any public officer willfully neg- lects any duty of his office, and no penalty is prescribed by statute for such neglect, he shall forfeit a sum not exceeding thirty dollars. School boards shall appoint truant officers for their districts, and fix their compensation at a reasonable rate, which compensation shall be paid by the towns. [Truant officers cannot legally be paid out of school money.] Truant officers shall hold office for one year, and until their successors shall be appointed, but they may be removed by the school board at any time for cause. Truant officers shall, under the direc- tion of the school board, enforce the laws and regulations relating to tru- ants and children between the ages of eight and sixteen years not attending school, and without any regular and lawful occupation; and the laws relat- ing to the attendance at school of chil- dren between the ages of eight and sixteen years. Chapter 92, section 13. as amended by chapter 50, session laws of 1895, and chapter 5, session laws of 1903. Chapter 92, section 14. Chapter 255, section 14. Chapter 92, section 15, as amended by chapter 70, session laws of 1899. Chapter 92, section 16. Chapter 92, section 17, as amended by chapter 70, session laws of 1899. SCHOOL BOARDS, TEACHERS, TRUANT OFFICERS. 35 Truant officers shall, if required by the school board, enforce the laws pro- hibiting the employment of children in manufacturing - , mechanical, or mer- cantile establishments, who have not attended school the prescribed time; and for this purpose they may, when so authorized and required by vote of the school board, visit the manufactur- ing, mechanical, and mercantile estab- lishments in their respective cities and towns, and ascertain whether any chil- dren under the age of sixteen are em- ployed therein contrary to the provi- sions of law, and they shall report any cases of such illegal employment to the school board; and the truant offi- cers, when authorized as aforesaid, may demand the names of all children under sixteen years of age employed in such manufacturing, mechanical, and mercantile establishments, and may require that the certificates and lists of such children provided for by law shall be produced for their inspec- tion. Truant officers shall inquire into the employment, otherwise than in such manufacturing, mechanical, and mercantile establishments, of children under the age of sixteen years, during the hours when the pub- lic, schools are in session, and may re- quire that the certificates of all chil- dren under sixteen shall be produced for their inspection; and any such offi- cer may bring a prosecution against a person or corporation employing any such child, otherwise than as afore- said, during the hours when the pub- lic schools are in session, contrary to the provisions of law. A refusal or failure on the part of an employer of children under sixteen years of age to produce the certificate required by law, when requested by a Chapter 92, section 18, as amended by chapter 70, session laws of 1899. 36 SCHOOL LAWS. Enumeration of children. Compensation of school board. School day and week. Teachers may attend insti- tutes. truant officer, shall be prima facie evi- dence of the illegal employment of the child whose certificate is not pro- duced. Truant officers shall have authority without a warrant to take and place in school any children found employed contrary to the laws relating to the employment of children or violating the laws relating to the compulsory attendance at school of children be- tween the ages of six and sixteen years. Truant officers or agents appointed by school boards of cities and towns shall annually, in the month of Sep- tember, make an enumeration of the children of each sex, between the ages of five and sixteen years, in their town or city, giving such items in regard to each child as may be required by the school board or the state superintend- ent of public instruction, and shall make a report to the school board thereof within fifteen days after the completion. Section 14, chapter 43, Public Stat- utes, and any other acts inconsistent with this act, are hereby repealed. The school board, upon satisfying the selectmen that they have attended to the duties and made the reports by law required, shall be paid such rea- sonable compensation as the town or selectmen may determine. In the absence of express contract, a session of three hours in the fore- noon and three hours in the afternoon shall constitute a school day, five such days a school week, and four such weeks a school month, in the public schools. Teachers of public schools may at- tend teachers' institutes held within the state, as provided by law, not ex- ceeding three days in any term or Chapter 46, session laws of 1895, as amended by chapter 91, session laws of 1905, sec- tion l. Chapter 46, session laws of 1895, sec- tion 2. Chapter 92, section 19. Chapter 92, section 20. Chapter 92, section 21, as amended by chapter 29, session laws of 1903. SCHOOL BOARDS, TEACHERS, TRUANT OFFICERS. 37 Evening schools. Boards to superintend evening schools. Examination and certifica- tion of teach- ers by super- intendent of public in- struction. five days in any year, and the time so spent shall be regarded as spent in the service of the district. Upon petition of five per cent, of the legal voters of any city or town hav- ing more than five thousand inhab- itants, according to the latest United States census, said city or town shall establish and maintain, in addition to the schools required by law to be maintained therein, evening schools for the instruction of persons over fourteen years of age in such branches of learning and art as the school board shall deem expedient. The school board of such cities and towns shall have the same superin- tendence over such evening schools as they have over other schools, and may determine the term or terms of time in each year and the hours of the evening during which such schools shall be kept, and may make such reg- ulations as to attendance at such schools as they may deem expedient. Nothing contained in this act shall exempt any person from the require- ments of chapter 93 of the Public Statutes. The superintendent of public in- struction shall cause to be held, at such convenient times and places as he may from time to time designate, public examinations of candidates for the position of teacher in the public schools of the state. Such examina- tions shall test the professional as well as the scholastic abilities of candi- dates, and shall be conducted by such persons and in such manner as the superintendent of public instruction may from time to time designate. Due notice of the time, place, and other conditions of the examinations shall be given in such public manner Chapter 112, session laws of 1901, sec- tion l. Chapter 112, session laws of 1901, sec- tion 2. Chapter 112, session laws of 1901, sec- tion 3. Chapter 49, session laws of 1895, sec- tion 1. 38 SCHOOL LAWS. as the superintendent of public in- struction may determine. A certificate of qualifications shall be given to all candidates who pass satisfactory examinations in such branches as are required by law to be taught, and who in other respects ful- fill the requirements of the superin- tendent; such certificate shall be either probationary, or permanent, and shall indicate the grade of school for which the person named in the certificate is qualified to teach. A list of approved candidates shall be kept in the office of the department of public instruction and copies of the same, with such information as may be desired, shall be sent to school com- mittees upon their request. The certificates issued under the provisions of this act shall be accepted by school committees in lieu of the personal examination required by sec- tion 6 of chapter 92 of the Public Stat- utes. A sum not exceeding three hundred dollars may be annually expended from the income of institute fund for the necessary and contingent expenses of carrying out the provisions of this act. Chapter 49, session laws of 1895, sec- tion 2. Chapter 49, session laws of 1895, sec- tion 3. Chapter 49, session laws of 1895, sec- tion 4, as amended by- chapter 12, session laws of 1899. Chapter 49, session laws of 1895, sec- tion 5. VI. SCHOLARS. None shall at- tend without consent of board. Vaccination. No person shall attend school, or send a scholar to the school, in any dis- trict of which he is not an inhabitant, without the consent of the district or of. the school board. No child shall attend any public, parochial, or private school unless he has been vaccinated or has had the smallpox, and this section shall be enforced by the board of health. Chapter 93, section l. Chapter 93, section 2, as amended by- chapter 19, session laws of 1901. SCHOLARS. 39 Infectious diseases. Penalty. Dismissal for misconduct. Scholars shall attend where assigned. Penalty. District by- laws concern- ing truants. No parent or guardian, person or persons having the custody of any child, shall permit such child, if in- fected with any communicable dis- ease, or has been exposed to such, to attend any public or private school. Any person who knowingly violates any provision of this chapter, or any regulation established by authority of this chapter, shall be punished by a fine of ten dollars for each offense. Any scholar may be dismissed from school by the school board for gross misconduct, or for neglect or refusal to conform to the reasonable rules of the school; and he shall not attend the school until restored by the school board. No scholar who shall have been as- signed to a particular school by the school board shall attend any other school in the district until assigned thereto. If any scholar, after notice, shall attend or visit a school which he has no right to attend, or shall interrupt or disturb the same, he shall be fined for the first offense five dollars, and for any subsequent offense ten dollars, or be imprisoned not exceeding thirty days. Districts may make by-laws, not re- pugnant to law, concerning habitual truants and children between the ages of six and sixteen years not attending school and not having a regular and lawful occupation, and to compel the attendance of such children at school, and may annex penalties for the breach thereof not exceeding ten dol- lars for each offense. [The department will furnish an ar- ticle drawn by the attorney-general for insertion in the school warrant upon application.] Chapter 16, session laws of 1901, sec- tion 7. Chapter 16, session laws of 1901, sec- tion 9. Chapter 93, section 3. Chapter 93, section 4. Chapter 93, section 5. Chapter 93, section 6. 40 SCHOOL LAWS. Offense against by- laws. Employment of children. Children un- der twelve. Children un- der sixteen may be em- ployed— when. Any offender against such by-laws, upon conviction, may be sentenced to pay a fine and to be committed to the Industrial School until it is paid or he is otherwise discharged, or he may be sentenced to the Industrial school for a term not exceeding one year. The court or justice imposing a fine upon any such offender may remit it upon proof that he is unable to pay it, and has no parent, guardian, or person chargeable with his support, able to pay it, and may discharge him from the Industrial School if he has been committed there for non-pay- ment thereof. Any such offender so convicted may give bond to the district in the penal sum of twenty-five dollars, with suffi- cient sureties, approved by the court or justice before whom he was con- victed, conditioned to attend regularly some school kept in the district for one term next ensuing, to comply with the regulations thereof, and to be obedient and respectful to the teacher; and his fine may thereupon be remit- ted by such court or justice upon pay- ment of the costs. No child under the age of twelve years shall be employed in any manu- facturing establishment. No child under the age of fourteen years shall be employed in any manufacturing establishment, nor in any mechanical, mercantile, or other employment dur- ing the time in which the public schools are in session in the district in which he resides. No child under the age of sixteen years shall be employed in any manu- facturing establishment, or in any mechanical, mercantile, or other em- ployment, during the time in which the public schools are in session in Chapter 93, section 7. Chapter 93, section 8. Chapter 93, section 9. Chapter 93, section 10, as amended by chapter 61, session laws of 1901. Chapter 93, section 11, as amended by chapter 61, session laws of 1901. SCHOLARS. 41 Employment of minors. the district in which he resides, with- out first presenting a statement of his age from his parent or guardian, sworn to before the superintendent of schools, or, if there is no superintend- ent of schools, before some person authorized by the school board of the district in which such child is em- ployed. And no child under the age of six- teen years shall be employed as afore- said during the time in which the pub- lic schools are in session in the dis- trict in which he resides without first presenting a certificate from the superintendent of schools, or, if there is no superintendent of schools, some person authorized by the school board, that such child can read at sight and write legibly simple sentences in the English language. And any superin- tendent of schools or person author- ized by the school board who certifies falsely as to matters prescribed by this section shall be fined not less than twenty nor more than fifty dol- lars for each offense. No minor shall be employed in any Chapter 93, manufacturing establishment, or in sec tion 12, as , . , ,•-, .x. amended bv any mechanical, mercantile, or other chapter 61,* employment, who cannot read at sight session laws and write legibly simple sentences in ofl901 - the English language, while a free public evening school is maintained in the district in which he resides, unless he is a regular attendant at such even- ing school or at a day school; provided, that upon presentation by such minor of a certificate signed by a regular practising physician, and satisfactory to the superintendent of schools, or, where there is no superintendent of schools, the school board, showing that the physical condition of such minor would render such attendance 42 SCHOOL LAWS. Penalty for il- legal employ- ment. Persons hav- ing custody of children must cause them to attend school. in addition to daily labor prejudicial to his health, said superintendent of schools or school board shall issue a permit authorizing the employment of such minor for such period as said superintendent of schools or school board may determine. Said superin- tendent of schools or school board, or teachers acting under authority there- of, may excuse any absence from such evening school arising from justifiable cause. Any parent, guardian, or cus- todian who permits to be employed any minor under his control in viola- tion of the provisions of this section shall forfeit not more than twenty dol- lars for the use of the evening schools of such town or city. If any owner, agent, superintendent, or overseer of a manufacturing, me- chanical, or mercantile establishment or any other person shall employ any child in violation of the provisions of either of the three preceding sections, he shall be fined not exceeding fifty dollars for each offense, for the use of the district. Every person having the custody and control of a child between the ages of eight and fourteen years, or of a child under the age of sixteen years, who cannot read at sight and write legible, simple sentences in the English language, residing in a school district in which a public school is annually taught, shall cause such child to attend the public school all the time such school is in session, unless the child shall be excused by the school board of the district because his physical or mental condition is such as to prevent his attendance at school for the period required, or be- cause he was instructed in the Eng- lish language in a private school ap- Chapter 93, section 13, as amended by chapter 61, session laws of 1901. Chapter 93, section? 14, as amended by chapter 61, session laws of 1901, and chapter 13, session laws of 1903. SCHOLARS. 43 Superintend- ent of public instruction to have same powers as tru- ant officers. Copies of law to be sent to offenders. Penalty for interrupting school. School board must prose- cute offenders. proved by the school board for a num- ber of weeks equal to that in which the public school was in session in the common English branches, or, having acquired those branches, in other more advanced studies. Any person who does not comply with the require- ments of this section shall be fined ten dollars for the first offense and twenty dollars for every subsequent offense, for the use of the district. The state superintendent of public insruction shall have authority to enforce the laws relating to attend- ance at school and the employment of minors, and, for this purpose, he and any deputy appointed by him shall be vested with the powers given by law to truant officers when authorized by school boards to enforce the laws re- lating to attendance at school and the employment of children. And the ex- penses necessarily incurred by the state superintendent in such enforce- ment shall be paid as audited and allowed by the governor and council. The school board of every district shall cause a copy of the two preced- ing sections to be sent to every person who they have reason to believe does not comply with the requirements of section 14 of this chapter. Any person, not a scholar, who shall wilfully interrupt or disturb any school shall be punished by a fine not ex- ceeding fifty dollars, or by imprison- ment not exceeding thirty days. It shall be the duty of the school board to prosecute offenders for vio- lations of the provisions of this chap- ter. If they neglect to perform this duty they shall forfeit twenty dollars for each neglect, for the use of the district, to be recovered in the name of the district by the selectmen of the Chapter 93, section 15, as amended by chapter 61, session laws of 1901. Chapter 93, section 16. Chapter 93, section 17. Chapter 93, section 18. 44 SCHOOL LAWS. Limitation of prosecution. Private schools must be approved. town. All necessary expenses in- curred in such proceedings shall be paid by the district. No prosecution under this chapter shall be sustained unless begun within one year after the offense is committed. No certificate as provided in the foregoing sections shall be issued for attendance at any private school, unless such school shall have pre- viously been approved by the school board of the district in which it is situated as furnishing instruction in the English language in all the studies required by law equal to that given in the public schools of said district, and unless the record of attendance shall be kept in the form required of the public schools, and be open to the inspection of the school board of the district at all times. Chapter 93, section 19. Chapter 93, section 20, en- acted by chap- ter 62, session laws of 1895. VII. SUPERINTENDENT OF PUBLIC INSTRUCTION. Appointment. The governor, with advice of coun- cil, shall appoint a superintendent of public instruction, who shall hold office for the term of two years, and shall have general supervision and control of the educational interests of the state. v Duties. The superintendent of public in- struction shall prescribe the form of register to be kept in the schools, and the form of blanks and inquries for the returns to be made by the school boards, and shall seasonably send the same to the clerks of the several towns and cities for the use of the school boards therein; he shall receive, preserve, or distribute all state docu- ments in regard to public schools or education, and shall receive and ar- Chapter 94, section 1. Chapter 94, section 2, as amended by chapter 35, session laws of 1895, and chapter 33, session laws of 1903. SUPERINTENDENT OF PUBLIC INSTRUCTION. 45 range in his office reports and returns of school boards; he shall investigate the condition and efficiency of the sys- tem of popular education in the state, especially in relation to the amount and character of the instruction given to the study of physiology and hygiene, having special reference to the effects of alcoholic stimulants and of narcotics upon the human system, and shall recommend to school boards what he considers the best text-books upon those subjects and suggest to them the best mode of teaching them, and shall pursue such a course for the purpose of awakening and guiding public sentiment in relation thereto as may seem to him best, and he shall biennially make a report, containing a concise abstract of the returns of the school boards, a detailed report of his own doings, a statement of the condition and progress of popular edu- cation in the state, and such sugges- tions and recommendations in regard to improving the same as his informa- tion and judgment may dictate. He shall have authority at the close of each biennial session of the legisla- ture to compile and issue at the ex- pense of the state an edition of the school laws with the session amend- ments, not exceeding two thousand copies. He shall visit and lecture upon edu- cational subjects in as many towns and cities of the state during the term of his office as the time occupied by his other official duties will permit. He shall organize, superintend, and hold at least one teachers' institute each year in each county of the state, and appoint the time and place, and make suitable arrangements therefor. Chapter 94, section 3. Chapter 94, section 4. 46 SCHOOL LAWS. Institute fund. Expenses of institute. Copy of re- ports to be sent to school boards. Clerical ex- penses. Traveling ex- penses. In case he is unable for any cause to conduct in person any institute, or to make the necessary arrangements therefor, he shall appoint the prin- cipal of the state normal school, or some other suitable person, for that purpose. The state treasurer is authorized and instructed to invest, as a perma- nent institute fund, the proceeds of the sale of the state lands effected under the authority of a joint resolu- tion approved June 28, 1867, and the annual income thereof is set apart for the support of teachers' institutes. The superintendent of public in- struction may draw upon the state treasurer each year for such part of said income as may be required to defray the necessary expenses of the institutes, and for procuring suitable instruction and lectures for the same. His account for the expenses of the institutes shall be audited each year by the governor and council, and he shall incorporate in his annual report a report of the institutes and of the expenses of the same. He shall forward to the chairman of every school board in the state a copy of each of his annual reports. The sum of, ten hundred dollars, or such part thereof as may be needed, is annually appropriated for clerical expenses of this department. The traveling expenses necessarily incurred by the superintendent of pub- lic instruction in the performance of the regular duties of his office shall be paid as audited and allowed by the governor and council, not to exceed one hundred and fifty dollars ($150) in any one year. Chapter 94, section 5. Chapter 94, section 6. Chapter 94, section 7. Chapter 94, section 8. Chapter 94, section 9. Chapter 94, section 10,ijas amended by chapter 36, session laws of 1895. Chapter 94, section 11, enacted by chapter 58, session laws of 1905. NORMAL SCHOOL. 47 VIII. Establish- ment. Trustees. Officers of board of trustees. Teachers. Courses of study. NORMAL SCHOOL. The New Hampshire State Normal School, as heretofore established and located, is continued. The instruction in the school shall be confined to such branches as will specially prepare the pupils to teach in the public schools, and to such other branches as are usu- ally taught in normal schools. The school shall be in session at least twenty weeks in each year. The management of the school shall be vested in a board of trustees com- posed of the governor, the superin- tendent of public instruction, and five other persons who shall be appointed by the governor, with the advice of the council, and shall hold office for five years, one of whom shall be ap- pointed each year. The board shall choose from its members a president and secretary, and such committees and other officers as may be necessary to transact its business, and may choose a treasurer who is not a member of the board. They shall meet at least once each year and shall receive no compensa- tion for services, but shall be paid their reasonable expenses while en- gaged in the performance of their duties. They shall select and employ a principal teacher for the school, who shall be allowed, with their advice and consent, to select the assistants and provide for the discipline of the school. The trustees, with the principal, shall arrange courses of study for the school. Chapter 95, section 1. Chapter 95, section 2, as amended by chapter 3, session laws of 1903. Chapter 95, section 3. Chapter 95, section 4. Chapter 95, section 5. 48 SCHOOL LAWS. Examina- tions, admis- sion and graduation. Tuition free upon certain conditions. Support. Teachers at institutes. Duties of superintend- ent of public instruction in connection with school. The trustees and principal shall pre- scribe and control the examinations for the admission and graduation of pupils, and they shall grant certifi- cates of graduation to such as com- plete either course and pass the re- quired examinations. Tuition and graduation shall be free to all those completing either course of study who will agree to teach in the public schools of this state for a period equal to the length of such course. The trustees shall make such provisions as may be necessary to effect the purposes of this section. The sum of twenty-five thousand dollars is annually appropriated for the maintenance of the school, to be expended as the trustees shall direct. The principal and teachers of the State Normal School shall assist and give instruction at teachers' institutes, so far as they can without interfering with their duties in the normal school. but they shall receive no additional compensation, except for travel and other actual and necessary expenses while so employed. The superintendent of public in- struction, in his annual report, shall state the condition of the school, the terms of admission and graduation, the times of the commencement and close of the sessions, and shall cause the same to be printed on the cover of the school register. Chapter 95, section 6. Chapter 95, section 7. Chapter 95, section 8, as amended by chapter 59, session laws of 1903. Chapter 95, section 9. Chapter 95, section 10. IX. HIGH SCHOOLS. Districts may Anv school district may. by vote or Chapter 89, establish high by _i aw j establish and maintain a high sectlon9 - scnoois. SC hool in which the higher English branches of education and the Latin, Greek, and modern languages may be taught. HIGH SCHOOLS. 49 Discontinu- ance of such schools. Town must maintain. Adjoining dis- tricts may make con- tracts for establishing joint high school. Districts may contract for tuition. High schools in dissolved special dis- tricts. No high school established by a vote of a town shall be discontinued, or the location thereof be changed, except by the superior court, on peti- tion of the school board of the town -district in which it is located, after such notice as the court may order, if it shall appear that the educational in- terests of the town district require such discontinuance or change. It shall be the duty of any town in which there is a high school, estab- lished by vote of the town, to raise and appropriate each year sufficient money to properly maintain such school. Two or more adjoining districts in the same or different towns may make contracts with each other for estab- lishing and maintaining jointly a high or other public school for the benefit of their scholars, and may raise and appropriate money to carry the con- tracts into effect; and their school boards, acting jointly or otherwise, shall have such authority and perform such duties in relation to schools so maintained as may be provided for in the contracts. Any school district may contract with an academy, seminary, or other literary institution located within its limits or in its immediate vicinity, for furnishing instruction to its schol- ars; and the school money may be used to carry the contract into effect. [Contracts made with institutions situated outside the state are not deemed valid except in the instances specified below.] Whenever any school district organ- ized under a special act of the legisla- ture shall vote to abolish such district and to unite with the town district, if said town district shall vote to receive Chapter 20, session laws of 1905. Chapter 72, session laws of 1905. Chapter 89, section 10. Chapter 89, section 11. Chapter 64. session laws of 1891, sec- tion 1. 50 SCHOOL LAWS. Towns must maintain such schools. Discontinu- ance of such schools. Penalty. Towns not maintaining high schools must pay tui- tion. said special district, if said special district has for the five years next preceding such vote maintained a high school, it shall be incumbent on the town district with which it unites to thereafter keep and maintain within the limits of said special district a high school for at least thirty-four weeks in each year, and of equal grade to that which had been previously maintained therein by such special district, said high school to be open to all scholars in the town district, of suitable age and qualifications. It shall be the duty of said town dis- trict to raise and appropriate each year thereafter sufficient money in ad- dition to the school money which tbe town in which it is situated may raise, to properly maintain such high school, or schools, as may be established under the preceding section. Any high school hereby established may be discontinued, or the location thereof changed, by the supreme court, on petition of the school board of the town district in which it is lo- cated, after such notice as the court may order, if it shall appear that the educational interests of the town dis- trict require such discontinuance or change. Any town district failing to comply with the provisions of this act, or any of them, shall be fined for such neg- lect. Any town not maintaining a, high school or school of corresponding grade shall pay for the tuition of any child who with parents or guardian re- sides in said town and who attends a high school or academy in the same or another town or city in this state, and the parent or guardian of such child shall notify the school board of the Chapter 64, session laws of 1891, sec- tion 2. Chapter 64, session laws of 1891, sec- tion 3. Chapter 64, session laws of 1891, sec- tion 4. Chapter 96, session laws of 1901, sec- tion 1, as amended by chapter 118, session laws of 1903. HIGH SCHOOLS. 51 Liability for tuition. Rebate from state in cer- tain cases. district in which he resides of the high school or academy which he has deter- mined to attend; provided, hoivever, that no town shall be liable for tuition of a child in any school, in excess of the average cost per child of instruc- tion for the regularly employed teach- ers of that school and the cost of text-books, supplies, and apparatus during the school year preceding, nor in any case, shall the town be liable for tuition for any child in excess of forty dollars per year. If any town in which a high school or school of corresponding grade is not maintained neglects or refuses to pay for tuition as provided in the pre- ceding section, such town shall be liable therefor to the parent or guar- dian of the child furnished with such tuition, if the parent or guardian has paid the same, or to the town or city furnishing the same in an action of contract. Eight thousand dollars shall be ap- propriated annually from the state treasury for the payment of tuition in high schools and academies, to be paid by the state treasurer in the month of December of each year to the treas- urers of such towns as are entitled, and in such manner as is hereinafter provided, upon a sworn certificate of the superintendent of public instruc- tion of the sums clue. Towns whose rate of taxation for school purposes in any year is $3.50 or more on $1,000, and whose average rate of taxation for all purposes for five years next preceding is $16.50 or more on $1,000, shall receive a share of said appropriation as follows: If the tax rate is from $16.50 to $17.49, one tenth of the tuition paid. Chapter 96, session laws of 1901, sec- tion 2. Chapter 96, session laws of 1901, section 3, as amended by chapter 89, session laws of 1905. 52 SCHOOL LAWS. Definition of high school. Approval by superintend- ent of public instruction. If the tax rate is from $17.50 to $18.49, two tenths of the tuition paid. If the tax rate is from $18.50 to $19.49, three tenths of the tuition paid. If the tax rate is from $19.50 to $20.49, four tenths of the tuition paid. If the tax rate is from $20.50 to $21.49, five tenths of the tuition paid. If the tax rate is from $21.50 to $22.49, six tenths of the tuition paid. If the tax rate is from $22.50 to $23.49, seven tenths of the tuition paid. If the tax rate is from $23.50 to $24.49, eight tenths of the tuition paid. If the tax rate is from $24.50 to $25.49, nine tenths of the tuition paid. Over $25.49, the whole of such tu- ition. If more than $8,000 should be needed in any year for the purposes of this act, the said $8,000 shall be distrib- uted pro rata to the towns entitled to receive the same, in accordance with the foregoing classification. By the term "high school" or "acad- emy," as used in this act, is under- stood a school having at least one course of not less than four years, properly equipped and teaching such subjects as are required for admission to college, technical school, and nor- mal school, including reasonable in- struction in the constitution of the United States and in the constitution of New Hampshire, such high school or academy to be approved by the state superintendent of public in- struction as complying with the re- quirements of this section. And said superintendent is authorized to ap- prove a school maintaining any part of such course for the part so main- tained. Chapter 96, session laws of 1901, section 4, as amended by chapters 31 and 118, ses- sion laws of 1903, and chap- ter 19, session laws of 1905. HIGH SCHOOLS. 53 Literary fund for scholars attending high schools and acade- mies. Districts may- make con- tracts for tui- tion. Status ofschoolswith which con- tracts are made. Towns paying tuition of scholars in high schools or academies shall receive a proportionate share of the literary fund for the attendance of such pupils. All academies and private schools shall be furnished with copies of the school register, and shall make an annual statistical report to the state superintendent. Any school district may make con- tracts with any academies or high schools or other literary institu- tions located in the state for fur- nishing instruction to its scholars, and such school district may raise and appropriate money to carry into effect any contracts in relation thereto. Every such academy or high school or literary . institution shall then be deemed a high school maintained by such district, if approved by the super- intendent of public instruction in ac- cordance with section 4 of this act. The school districts in the towns of Walpole, Mason, Rollinsford and Con- way may make contracts with Bellows Falls, Vt., Townsend, Mass., Berwick Academy, Me., and Pryeburg Acad- emy Me., respectively, for furnishing instruction to their pupils of high school grade, and may raise and appro- priate money to carry such contracts into effect. The principal of each college, acad- emy, seminary, or other institution of learning incorporated by the laws of this state, shall annually and before the first day of November of each year, forward to the New Hampshire Gene- alogical Society, for its library, one copy of each printed catalogue of its officers and students and courses of studies published during the year next preceding said date. Chapter 96, session laws of 1901, sec- tion 5. Chapter 96, session laws of 1901, section 6, as amended bychapterllS, session laws of 1903, and chapter 90, session laws of 1905. Chapter 122, session iaws of 1907. Chapter 40, session laws of 1907. 54 SCHOOL LAWS. X. District may require board to appoint superintend- ent. Two or more towns or special dis- tricts may jointlyemploy superintend- ent. Two or more towns or special dis- tricts may form super- visory dis- trict. SUPERVISION. A school district may require the school board to elect or appoint a superintendent of schools, who shall hold office for such term, be vested with such of the powers and charged with such of the duties of the school board, and be entitled to such compen- sation as it may provide; and such district may raise and appropriate money to pay the compensation. Two or more towns or special dis- tricts may, by vote of each, form a district for the purpose of employing a superintendent of the public schools therein, who shall perform in each town the duties prescribed by law and the regulations of the school boards. Such superintendent shall be ap- pointed by a joint committee com- posed of the school board of each of the towns of said district, who shall determine the relative amount of ser- vice to be performed by him in each town, and shall fix his salary and apportion the amount thereof to be paid by the several towns, and certify such amount to the treasurer of each town. Said joint committee shall, for said purposes, be held to be the agents of each town composing such district. Two or more towns or special dis- tricts, or their school boards when duly authorized by their respective districts, may, by vote of each, form a supervisory district for the purpose of employing a superintendent of the public schools therein, who shall per- form in each town the duties pre- scribed by law and by the regulations of the school boards, giving thereto his entire time. Chapter 90, section 24, as amended by chapter 48, session laws of 1895. Chapter 47, session laws of 1895, sec- tion 1. Chapter 47, session laws of 1895, sec- tion 2. Chapter 77, session laws of 1899, sec- tion 1 . SUPERVISION. oo Joint super- visory com- mittee. State will pay one-half salary of superintend- ent. Size of dis- tricts. Length of school year. The school boards of the several dis- tricts forming the supervisory district shall constitute a joint committee which for all purposes of this act shall be the agent of each district therein represented. Said committe shall meet between April 1 and August 1 of each year, as may be agreed upon by the chairmen of the several boards and organize by the choice of a chair- man, a secretary, and a treasurer. It shall elect a superintendent for such supervisory district, determine the character and value of his services, and apportion the same among tbe several districts, certifying such appor- tionment to their respective treasurers. Any town or special district which shall unite with one or more districts to form a supervisory district, which shall employ as superintendent, at an annual salary, a person holding a per- manent state teacher's certificate, and shall certify through its chairman and secretary such facts to the state treas- urer, shall be entitled to one half its apportioned share of said salary, said sum to be paid by him in December of each year to the town treasurer of each town in said supervisory district, upon sworn statement of the state superintendent of public instruction certifying as to what amount each town ^ is "entitled. This section shall not apply to cities. [The town's portion of the super- intendent's salary may be paid out of the school money.] Supervisory districts of less than three towns formed under this act shall employ not fewer than twenty nor more than sixty teachers. Every school district in the state shall maintain its schools at least twenty weeks during every school year. Chapter 77, session laws of 1899, sec- tion 2. Chapter 77, session laws of 1899, section 3, as amended by chapter 18, session laws of 1901. Chapter 77, session laws of 1899, section 4, as amended bychapter 115, session laws of 1905. Chapter 77, session laws of 1899, sec- tion 5. 56 SCHOOL LAWS. Equalization fund. The sum of twenty-five thousand dollars ($25,000) shall be appropriated annually from the state treasury for the purposes of this act. Twenty-five per cent, of the entire appropriation shall be set apart each year to carry into effect section 3 of this act. Any portion of the sum so set apart, and not expended as aforesaid, shall re- main in the state treasury, to be used in any subsequent year, if needed, to carry out the purposes of said section. The remainder shall be paid by the state treasurer in December of each year to all the towns of the state in which the equalized valuation is less than $3,000 for each child of the aver- age attendance in the public schools of such towns during the school year next preceding, and such other towns as may be added as hereinafter pro- vided on the sworn statement of the superintendent of public instruction certifying as to what amount each town is entitled, in direct proportion to said average attendance, and in in- verse proportion to the equalized val- uation per child, and shall be used ex- clusively for the support of the pub- lic schools. The governor and council may, upon recommendation of the superintendent of public instruction, add to the class of towns specified above in this paragraph such other towns as may seem from their pecu- liar conditions to need relief from too great a burden of school taxation. The sum of ten thousand dollars is hereby appropriated from the state treasury for the year 190S, in addition to the sum appropriated by section 6, chapter 77, Laws of 1899, for the pur- pose of carrying into effect the pro- visions of section 3 of said chapter 77, Laws of 1899, entitled "An act to Chapter 77, session laws of 1899, sec- lion 6. Chapter 115, laws of 1907. SUPERVISION. 57 No town to receive bene- fit unless its reports have been properly made. Withdrawal from super- visory dis- trict. equalize the school privileges of the cities and towns of the state." No town shall receive any benefit under this act nor any portion of the literary fund unless its returns have been made to the superintendent of public instruction as required by chap- ter 92, section 13, of the Public Stat- utes, nor unless its schools have been maintained at least twenty weeks dur- ing the school year next preceding. Any town or special district which has united, or may hereafter unite, with any other town or towns, dis- trict or districts, to form a super- visory district, as provided by chapter 77 of the Laws of 1899, may, at any annual school district meeting, by vote, rescind such action, and there- upon shall, at the end of the school year or at the expiration of the period for which such supervisory district may then already have contracted for the services of a superintendent, cease to be a part of such supervisory dis- trict. Chapter 77, session laws of 1899, sec- tion 7. Chapter 81, session laws of 1901. XI. Town clerks must notify superintend- ent of public instruction names of local school board. UNCLASSIFIED. Every town clerk, within thirty days after the annual meeting, shall report to state officers the names and post- office addresses of town officers as fol- lows: ... to the state superintend- ent of public instruction, those of the local school board. . . . Any town clerk who neglects to make reports as required by this section shall be sub- ject to pay a fine of twenty dollars for each failure, one half for the use of the department to which he fails to report, and the other half for the use of the town. Chapter 43, section 3. INDEX. Academy, definition of 52 tuition rebate paid by state 7, 8, 51 town 7, 8, 50 Academies approved by superintendent of public instruction, ■when 52 contract with districts 10 Auditors of school districts 21 Bellows Falls, Vermont, High School 11, 53 Berwick, Maine, Academy 11, 53 Board (school) compensation of 36 niay dismiss teachers, when 29 penalty for misappropriation of money 5 neglect of duty 34 report of 33 to accept certificate issued by superintendent of public instruction in lieu of 38 to appoint truant officer 34 to convey pupils 29 to examine teachers 30 to file report with selectmen 33 to furnish registers 32 to hire teachers 29 to make regulations 30 repairs 29 report to superintendent of public in- struction 34 to prescribe studies 30 to provide fuel 29 text books 31 to purchase flags 31 to send notices to parents 43 INDEX. 59 Board (school) to visit schools 32 vacancies in, how filled 22 By-law, district 39 Certificate for teachers 30, 37 of pupil's attendance in private schools 42 Check list to be used at school meeting, when 18 Children, certificates furnished to, when "41 enumeration of, by truant officer, when 3^ Clerk cf district, duty of 20 how chosen 20 vacancy, how filled 20 Contagious diseases 39 Constitution of New Hampshire and United States, when read . 30, 52 Conway district 11, 53 District clerk, see clerk. definition of 8 legal organization of . -. 8 may contract for tuition in high school or academy. . .49, 53 may raise additional money 5 meetings, when held 16 where held 17 how warned 17 money raised for what purposes 8, 9 officers, see officers. taxes 9 Districts, annexation of territory to 15, 1H dissolution of ' 1 1 high school maintained in 10 may establish joint high schools 49 may hire money 9 scholars admitted to from other towns and districts. . . 11 schools maintained jointly by 11 selectmen assess tax for payment of money hired by . . 9 Dog tax, when used for school purposes. 6 60 INDEX. Employment of children 40 illegal, penalty for 4.2 minors 41 Enumeration of children 36 Equalization fund 6, 56 Evening schools 2.2, 37 Examination of teachers by school board 30 superintendent of public instruction 37 Flags and flagstaffs 31 Fryeburg Academy, Maine 11, 53 Guardians, penalty for neglect to send children to school 42 High schools 10, 48, 52 approved by superintendent of public instruction, when 52 contract with districts 10 established by joint districts 49 to be continued when 49 tuition, rebate from state 7, 51 tuition shall be paid by town 50 Holidays 32 Industrial School, truants committed to 40 Institutes (teachers'), how organized. 45 how paid for 43 teachers may attend 36 Literary fund, districts when not to receive 7 how distributed 5 how expended 5 misapplication of 6 to be apportioned to tuition pupils, when 53 unincorporated places not to receive 5 what termed 5 Mason district 11, 53 Manufacturing establishments, children employed in when. . .35, 40 INDEX. 61 Manufacturing establishments, penalty for illegal employment of children in 41 Mechanical, see manufacturing. Mercantile, see manufacturing. Meetings (school) annual 16 special, when held 17 where held 17 money raised at 17 Memorial Day exercises 32 Minimum school year 55 Minors, employment of 41 Moderator, how chosen 20 power and duty 20 Money, appropriation of 3,4 assessment additional 4, 5 for school purposes 4 assignment to districts 4 raised at special meeting. . 17 New Hampshire Genealogical Society 53 Normal School, admission to and graduation from 48 annual appropriation for 48 courses of study 47 management of 47 principal, how appointed 47 trustees, appointment of 47 meetings of 47 organization of 47 tuition free upon certain conditions 48 Officers of school districts 20 eligibility to office 20 manner of election 20 term of office 20 what 19 Parents and guardians, penalty for neglect to send children to school 42 62 INDEX. Parochial schools, scholars to be vaccinated 38 Physiology and hygiene 30 Private schools, certificates of attendance upon when issued. ... 44 scholars to be vaccinated 38 Registers furnished by state 44 properly kept by teachers 32 used in private schools 44 Rollinsford district 11, 53 Rules and regulations to be prescribed by board 30 Scholars attending without right: penalty 39 dismissed, when 39 to attend where 38 School board, see board. day and week, established 36 disturbance of penalty for 43 year, required length of 55 Schoolhouse debt 9 lots, how enlarged 24 yards, shade trees for 27 Schoolhouses, barbed wire fences not to be near 28 county commissioners, to locate when 23 doors to open outwards 27 how located 23 in cities, board to buy land 26 regulations for building, etc 27 location conclusive, how long 24 saloons not to be within certain distance 28 school board to locate when 23 selectmen to appraise land damages when 25 build when 26 slaughter-houses not to be near .'. . 28 used for what other purposes 26 Schools, where kept 26 Special districts, dissolution of 11-13 maintenance of high schools, when dissolved. . 14 INDEX. (53 Special districts, trust funds of 13 Superintendent of public instruction, appointment of 44 biennial report sent to school boards 46 duties of 44 in co nnection with Normal School 48 term of office 44 to compile school laws, when 45 enforce laws relating to attendance 43 lecture in towns when . . 45 organize teachers' insti- tutes , . 45 prescribe form of register 44 travelling expenses of . . . . 46 Superintendent of schools, district may require board to appoint 22 supervisory district, how appointed. 54 must hold state certificate. ... 55 must give entire time 55 state to pay half the sal- ary, when ... 55 Supervision 54 Supervisory committee, joint 55 district, minimum number of schools 55 withdrawal from 57 districts authorized 54 fund 6, 56 Tax of ward, where 4 Taxes for school purposes 9 Teachers may atteud institutes 36 64 INDEX. Teacher to make out register ,,. ; 32 Text books not to favor particular sect or party 32 Town clerks to report local school board 57 Townsend, Mass., High School 11, 53 Treasurer of school district, see officers. Truant officer, compensation of 34 duties of 34, 35 Vaccination 38 Voters, check list of 18 penalty for illegal 19 who are 18 Walpole district 11, 53 Warrant for school meeting 17, 18 !SJ