;. ar < DIGEST LAWS OF NEW HAMPSHIRE PEBT-MNIXa TO COMMON SCHOOLS, DECISIONS. FORMS AND STATUTES. REVISED EPITIOX. BY CIIARLi:S R. MORRISON. CONCORD : ri lil.i.sJlEP lii' J. n. SANBORN. 1S76. fyxmll Wimmii^ pibatg THE GIFT OF A^/^^^f s~ ^U- OtO.. "^tellSi'irmiteiSf, "^ew Hampshire ov,n,J ^924 031 757 648 J H Cornell University y S Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924031757648 DIGEST LAWS OF NEW HAMPSHIRE PEBTAINI-VG TO COMMON SCHOOLS, DECISIONS, FORMS AND STATUTES. BY CHARLES R. MORRISON. CONCORD : PUBLISHED BY J. B. SANBORN. 1876. PRINTED BY C. C. PEARSON * CO. DIGEST OF SCHOOL LAWS. * ANALYSIS or CONTENTS. CHAPTER I.- — School Money. CHAPTER II.- —School Districts. CHAPTER III.- —Meetings and Officers of School Districts. CHAPTER IV.- —School-Houses. CHAPTER V.- —School Committees and Teachers. CHAPTER VI.- —High Schools. CHAPTER VII. —Scholars. CHAPTER VIIL- — Normal School and Superintendent of Public Instruction. CHAPTER I. SCHOOL MONEY. Amount required by law, s. i. 'iiistricts tnay raise more, s. 8. How applied and to whom pald^ ss. 3. 4 W. ". 12- Towns may raise more, s. 2. Apportioning, ss. 4, 6. Collectors, s. 6 (i). College grant, money of, s. 13. Guardian and ward, s. 5. Literary fund, ss. 9-13. Prudential committee, s. 7. Railroad tax, s. 15. Selectmen to apportion money, ' ss. 4, 6. State lands, proceeds of, ». 14. Unincorporated places, ss. 10, 12. Wentworth's location, ». 13. I. Amount required by law. The selectmen in each town shall assess, annually, upon the polls and ratable estate therein, a sum to be computed at the rate of three hundred and fifty dollars for every dollar of the public taxes apportioned to such town, and so for a greater or less sum. — Laws of 1870, c-35- SCHOOL MONEY. 14. State lands. By act of July 3, 1868,' the proceeds of the sale of the state lands are set apart as a school fund, the annual income thereof to he applied to the purposes of com- mon school education as the legislature may from time to time' determine. — Laws of 1868, p. 153, c. 21. 15. Railroad MONEY. Under s. 8, c. 57, Gen'. Sts., which provides that railroad money received from the state treasurer- "shall be appropriated as other town money," towns may a'p-' ply the whole or a part to common schools. ■117 SCHOOL DISTRICTS. CHAPTER II. SCHOOL DISTRICTS. Abolishing districts, s. i (e). Academy, arrangement with, s. 35 (0- Adjoukned meeting, s. 28 (a). Adjoining districts. In the same, town, ss. 4-8, 35, 36- In different towns, ss. 4-18, 35, 36- School money in each town, s. Tajips upon union districts, ss. 17, 22-24, 35, 36, 37- Agents, districts may appoint, s. 26. Personally liable, wheji, s. 27 (a). Apportioning property and debts, ss. 21, 22. Form of apportioning, ss. 10 (a) II (a). Certificate of clerk, ss. 30, 31. Clerk, to certify money-vote, ss. 30- 3i' Not answerable for its correct- ness,, s. 31. (Corporate powers, s. 37. Debts of, how contracted, ss. 26, 27 (a). Wher^ apportioned, ss. 21, 22. Districts are corporations, s. 21,. De facto, s. 3 (a). Division of districts, ss. 1-9, 17,-19, 20( Mu^t be territorial, s. i (b). Must include the whole town, s. 1(C). Record of, necessary, ss. 1, 5, 12. Votes for, forms of, ss. i (d),, 6-8. ' ' ' Existing , districts. continue4> ss. 3. 3, (a)„37- Insuring scaobL-HousEs, s. 29. .Legality, when presumed, ss. 25>,37v, .Lines Op districts changed. By committee and selectmen, ss. 5-20. By concurring votes, ss. 4, 6, 7, 8. - May be restored, ss. 4, 14. Petition for, o. 18. New districts, how formed, ss. I-I9' 25. 36- Organization, when presumed, s. 25. Is necessary for protection of selectmen, s. 31. Subsequent to suit, effect of, s. 25 (I)- Order of notice, form of, s. 11. Petition for assessment of tax;, s. 22. For change of lines, s. 18. For new districts, s. 19. To restore lines, s. 14. To unite districts, ss. 10, 20. Powers OF districts, ss. 4, 26, 27. Property AND DEBTS, apportion- ed, ss. 21, 22. Form of apportioning, ss. 10 (a), 12 (a).' Recording proceedings, ». 12 (c). Reconsideration, effect of, s. 28 (a). Re-establishing districts, s. i (b). School-houses, hiring money for, ss. 27, 28. Insuring school-houses, s. 29. In union districtSj ss.' 35,: 36. Scholars, division of, ss. 33, 34. From out the district, s. 32. Selectmen, liabilit5! of, ss. 28 (a), 31- Suits against districts, s. 26. Inhabitaptsi cannqtxlefend, 5. 26 (e). Tax upon school , district, ss. 21- 24, 28,. 28 ^a),. Town, may divide into districts, s. I, I (a) (b). Is one district, if ppt, divided, s. 2. Trust property, s. 26 (c). Union districts, ss. 4-22.. Union schools and school-houses "ss."33, 36. ^ '■ SCHOOL DISTRICTS. Vote to unite districts, s. To unite schools, s. 35. Votes, how proved, s. 26 (d). To abolish districts, s. i (e). To change lines, s. 8. I. Towns may divide, when. Towns not divided inta school districts may be so divided by vote of the town, dis- tinctly defining each district by suitable boundaries duly re- corded. — Gen. Sts. p. 163, c. 78, s. i. (a) A division by a committee appolntefl by the town for that purpose is not suffi- cient without a vote adopting their report.— 3 K. 168; 32 K. 129; 7 Met. 218. And our statute seems to require that the report should be recorded, although it is other- wise in Massachusetts (3 Allen, 409), in order that the boundaries may appear upon the record. (b) A division of a town into school districts must be teTrU(yrial^ as extending to a certain liighway, or by other monuments, and not merely by the names of owners or occupants.— 13 K. 139; 12 Pick, 206; 7 Met. 218; 7 Gray, 244. But if a division by sufficient boundaries has been recorded, a subsequent division, wliich refers to it as recorded for the boundaries, may be sufficiently certain, although the first division was for other reasons invalid 32 E. 118, 129. (0) It is also held that the division must include the whole town.— 11 Gray, 433 ; 4 do. 46; 4 Cush. 350; 12 Pick. 206. . A town line cannot be settled by the acts of adjoining owners.— 25 Vt. 645. (d) The article in the warrant may be : " To act upon the subject of dividing the town into school districts." The form of the division may be : "Voted, to divide the to^ni into — school districts, to be bounded, known and called as follows : School District No. 1,— beginning at the north-east comer of the- farm of , thence, etc., etc., [giving metes and bounds]. School District No. 2,— beginning at, etc., etc. (e) Any town by adopting chapter eight of the Laws of 1870 may abolish its dis- tricts.— Child v. Colbnrn, 54 B. 71. ARTICLES IN THE WARRANT UNDER THE ACT OF 1870. Art. — . To see if the town will adopt chapter eight of the Laws of 1870, and abolish the school districts in said town. Art. — . To make provision for the appraisal of all the school-houses, land, apparatus, and other property owned and used for school purposes which the school districts in said town might lawfully sell and convey. Art. — . To elect a board of education of not less than three persons, as provided by the third section of chapter eight of the Laws of 1870. VOTES UNDER THE ABOVE ARTICLES. Voted to adopt, &c. (following the article) . Voted that the selectmen [or A, B, C,] be a committee to appraise, at its just value, all the school-houses, &c. (follow- ing the article) . Voted that A, B, C constitute a board of education under said act. {f ) Re-estahWMmg. The act of July 7, 1874 (Laws of 1874, c. 55), authorizes towns that have abolished school districts to re-establish them within two years IVom the passage of the act, by a two-thirds vote. SCHOOL DISTRICTS. 9 2. When town shall be a district. Any town not di- vided into districts, or in which all the districts may be re- united, shall be a district ; but its business relating to schools may be transacted in town meeting. — id. s. 2. 3. Existing districts. All existing districts, however or- ganized, shall continue to be such, subject to be altered or discontinued according to existing laws. — id. s. 3. (a) Perhaps this section applies to dietricU existing de facto only, as well as to those that have a legal existence.— 18 B. 268; Digest, p. S77, s. 2; 9 Shepley, 564; but see 4 Gushing, 250. 4. Districts may change lines. The lines of districts may be changed, and adjoining districts in the same or different towns may be united, by concurrent vote of the districts inter- * ested, upon such terms as they may agree ; and in like manner the original lines and districts may be restored. — id. s. 4. 5. Committee, etc., may change lines. The school committee and selectmen of any town divided into districts, upon petition of persons interested, after hearing the parties, may change the lines of adjoining districts, and may constitute new districts, or unite the whole or part of any district to an adjoining district, a majority of each board concurring there- in, and their decision (i) in writing being recorded on the town records. — id. p. 164, s. 9. (1) The proceedings will be similar in form to those given in s. 10, po«e. The decision of the board is judicial and Jtaal and will not be revised upon a bill in equity.— 51 R. 423. 6. An article in the warrant, under s. 4, ante, may be:-* "To act upon the subject of uniting with school district No. , [(i) in the town of ,] to form one school district, and to appoint any committees for that purpose." (1) If both districts are in the same town, omit this. 7. An article for a change of the district lines may be: ' ' To act upon the subject of changing the line between said district and school district No. , [(i) in the town of ,] and appoint committees for that purpose." [; (1) Sees. 6 (1). lO SCHOOL DISTRICTS. 8. The suBSEquENT proceedings in each district may be : • V, " Voted to appoint a committee to confer with any committee that may be appointed by school district No. , [(i) in the townpf ,] upon the subject of a union of districts, and, report to this meeting at the time and place to which the sarne may be adjourned. " Voted to adjourn this meeting until the day of , instant, at : o'clock in the noon, at the school-house of this district. "We, the undersigned, committees respectively of school -district No. , in the town of -, and school district No. , in the [said] town of , having fully consid- ered the matter referred to us, recommend that said districts, be united and form one school district, upon the following terms of union : [Insert the terms of union, making full pro- vision in relation to debts, property, etc.] "Witness our (2) hands, this day of - • • Committee of School Dist. No. — in . Comtnittee of School Dist. No. ^— in : . ■Voted to accept the joint report of , >*-T^, comrnittees, respectively,., of, this school .district and school district No. — , in the town of , and that said districts ibe hereby rconstitated one, .school idistrict. upon the termsrirecommended in said-report." (2) A vote accepting and adopting the report of a minority will be valid, since the 'visorMandn (1) Sees. 6 (l).l (2) A vote accei Teport is advisory andi not final. PrQce€s<3UngS'farc^a«^/«i^. the line may be similar, except that the report should describe the new lines by metes and boun^Sr. : 9. Thb-iSCHPo,:^,' committees, -AiiU., ssi'^cfM^^ of adjot'n- ing towns, up<^n -petitioni^of persons interestee^, after hearing the parties, may unite the whole or parts of adjoining dis- SCHOOL DISTRICTS. II tricts in Such towns into one district^ and upon like proceed- ings restore them to their former position. — id. p. 165, s. 5. 10. The form of a petition under s. 9 may be : To the School Committers and Selectmen of the towns of •■ The undersigned, residing upon the territory now consti- tuting school district No. 6, in the town of , and school district No. 9, in the town of , believing that their in- terest (i) and the public good will be promoted thereby, pray that after due notice and hearing, you will unite said districts into one district and (a) make an equitable apportionment of the property and debts of said districts, and find the balance, if any, equitably due from either of said districts to the other, and order the payment thereof within a time to be by you limited. (b) Dated this — — day of , 18—. [Signed.] (1) TheporMcMiar interest need not be stated.— 34 R. 316; Digest,-p. 577, o. 9. ' 1 1 . Order of notice upon both districts and '^ervicfe' and return as follows : A hearing upon said petition is hereby appointed at , in said , on the day of next, at — o'clock in the noon ; and it is ordered that the petitioners give no- tice of said petition and' hearing by posting an attested (i) copy of said petition, and this order thereon, foUi'tedn days at' least before the said day of hearing, on the door of the school-^ house of each school district w^ith'ih mentioned, and leaving'a like copy at the abode of the clerk of each df said districts, a like time before said day of hearing. ' Given under our hands this day of ., 18-^. [-School Committee of . \ Selectmen of . \ School Cothmittee of . • I Selectm'en of -i . (1) The copy may be attested by the person serrmg it : A true copy. Attest : . 12 SCHOOL DISTRICTS. I hereby certify that on the day of , i8 — , I posted an attested copy of said petition and order, on the door of the school house in each school district within mentioned, and on the same day I left a like copy at the abode ot -, the clerk of said district No. 6, and a like copy at the abode of , the clerk of said district No. 9. G ss. , 18—. Then appeared and made oath that the above certificate, by him signed, is true. Before me, , Justice of the Peace. 12. The final order, signed by a majority of the com- mittee and a majority of the selectmen of each town, may be as follows : (a) Upon the foregoing petition we appointed a hearing and gave notice thereof as aforesaid, and on the — day of , 18 — , at — o'clock in the noon, at , in the town of , the time and place appointed [here insert the names of those who appeared as parties] , appeared as par- ties [and said hearing was adjourned to the — day of , 18 — , at — o'clock, in the noon, at , in the town of ] ; and having heard all parties who desired to be heard, and examined them and their witnesses under oath, we are of opinion that the interest of the petitioners and the pub- lic good will thereby be promoted, and do therefore unite said districts into one district, to include the whole territory of both districts. We also make an equitable apportionment (b) of the property'^nd debts of said district as follows : The school-houses and fixtures and apparatus appertaining to the same, heretofore belonging to either of said districts, shall be the property of said new district ; the debts now outstand- ing shall be paid by the district contracting the same, and district No. 6 shall pay to said district No. 9 the sum of — — dollars within days, which sum we find equitably due from said district No. 6 to said district No. 9. Each of said districts shall collect and retain to its own use all debts now due to the same. SCHOOL DISTRICTS. 'Given under our hands this — day of > School Committee of > Selectmen of . > School Committee of - > Selectmen of . (b) Their action is valid without an apportionment. — 55 R- 453- (c) The town clerk of each town should record the entire proceedings, and certify the record of each separate part as follows : Received and recorded , 18 — , at — o'clock in the noon. A true record. Attest : , Town Clerk. (d) The filing upon the papers may be : Received and recorded, and filed , 18 — . By me, , Town Clerk. In all such cases a majority of the school committee and a majority of the select- men, of each town, must concur, and a record of the proceedings be made in the books of each town , or their action will be of no effect.— Gen. 8ts. p. 163, c. 78, s. 6, as amended by s. 24, c. 1, of the JJaws of 1868. 13. Deemed in what town. Every district including land in different towns shall be deemed a district of that town in which most of the voters therein reside at its formation ; but the district may, by vote recorded in both towns, elect to which town they will belong. — GenFSts. p. 164, c. 78, s. 7. 14. Form of petition, etc., to restore districts. To tAe School Cotnmittees and Selectmen of the towns of The undersigned, residing in the school district known as the district, formed by the union of school district No. 6, in the town of , and school district No. 9, in the .town of , believing that their interests and the public 14 SCHOOL DISTRICTS. good will be promoted thereby, pray that after hearing the parties you will restore said districts to their former position,- and that you will make an equitable apportionment of the property and debts of the districts affected by such proposed change, and find the balance, etc. [as in (a) s. lO, ante]. Order of notice, etc., as in s. ii, ante (i). J^oZ order as m s. 12i ante, to the word "promoted" and then say, "and we therefore restore said districts to their former position; we also make an equitable apportionment of the prop^ty and debts of said districts affected by this change, as follows : [Here make an entire disposition of the property and debts of any and all of the districts affected by the change, and find the balance as in (b) s. 12, SCHOOL DISTRICTS. I9 part of the school money required to be raised by law shall be taken to pay for insurance. — id. s. 17. 30. Any district may raise money for the support of SCHOOLS, in addition to the tax required by law, and to pay debts of the district, which, on certificate by the clerk, shall be assessed and collected as other school taxes. — id. p. 165, s. 18. 31. Effect of certificate. The certificate of the clerk will not protect the selectmen unless the district is either proved or may be presumed to have been legally constituted, nor unless the meeting was legally called, and the vote suffi- cient in form and authorized by law. — 42 R. 102 ; 45 R. 385 ; Digest, p. 578, s. 36 ; 4 Gray, 42 ; 10 Cush. 418. Nor is the clerk, if he has acted in good faith, liable for falsely certifying that the vote was passed "at a legal meet- ing." — 17 Pick. R. 208. The selectmen should look into the proceedings of school districts before assessing a tax for any purpose, and ascertain if they have been legal. If the vote has been reconsidered — see (a) s. 28, ante. 32. Scholars from out of the district. Each district may determine upon what terms scholars from other (i) dis- tricts or towns may be admitted into their schools. If the dis- trict neglect to make such determination the prudential com- mittee may do it. — id s. 19. (1) A temporary residence, merely for the i)iirpose of attending the school, gives no right to attend against the will of the district.— 23 R. 507; Digest, p. 581, s. 78. 33. Scholars divided. Any district may, by vote or by a committee, divide the scholars according to their age, ac- quirements and residence, or either, and direct under what teacher they shall be instructed. — id. s. 20. 34. By school committee. If a district refuse or neglect to make such division, it may be made by the school commit- tee. — id. s. 21. 35. Union schools. Two or more contiguous districts (i) in the same or diflerent towns, may, by concurring votes, unite (i) in the support of their schools, and the school money of such districts may be expended in the support of schools kept in either district, agreeably to such (2) votes. — id. s. 22. (1) As to uniting with an academy or other literary institution— see Laws of 1874, C.69. 20 SCHOOL DISTRICTS. An (2) urticle for such purpose may be : '' To see if this district will unite with district No. — , in the town of — • , in the support of schools, and expend the school money of this district for that object, and appoint a committee for such purpose.^' The vote may be : " Voted, that it is expedient to unite with district No. — , in the town of , in the support of schools, and l3iat be a committee to agree with any committee that may be appointed by said district, upon a plan by which the school money of said districts shall be expended for that object, and report to this meeting, etc. The joint report, as in s. 8, ante, beir^ accepted and adopted and recorded in each district, will consummate the union. 36. And school-houses. While such schools are so united, either district may raise money to build, repair or remove school-houses and their appurtenances in eitjher district. — id. s. 23. 37. Districts continued, how long. Every school dis- trict shall remain a body corporate so long as is necessary for the purpose of maintaining and defending suits, receiving .and conveying property, voting taxes to pay its debts, and settlii^ its concerns. — id. s. 24; s. 21, ante; 52 R. 298. MEETINGS AND OPFICHRS OF SCHOOL DISTRICTS. CHAPTER III. MEETINGS AND OrFICERS OF SCHOOIi DISTRICTS. Adjournbd meetings, s. M (j). Amendment OF RECORDS, s. 22 (i) Ann!UAL mbeting, warrant for, ss, 3-6, 8, 9. Appointment, ss. 34-26. Board of teachers, s. 36 (l))(c) Certificate of posting, ss. S, 7. Of votes, s- 2S. Check-list, use of hy cjistricts, ss. 16, 17. CjUERK, choice or appointment of, ss. 5 (i), 19, 21, 24, 25. Duties of, se. 22, 23. Possession ofrecords by, s. ?2(i) To act as moderator, s. 21. Pro tempore, s. 21. Females eligible, s. ig (i). Holding over, s. 25 (i). • Illegal meetings, ss. i (a), 14. Illegal voting, penalty for, s. 18 Justice to call meetings, etc., ss. 4. 8. 9, 12, 13. Meetings legalized, s. 14. Moderator, choice of, and du- ties, ss. 19, 20, 21. Pr0 temfore, c. 21, Official oath, ss. 20-33. Occasional repairs, s. 36, 36 (c) PbsTiMO warrant, ss. 2, 5, 7, Presumption and estoppel, s. \ (at) Prudential committee, s. 19. Acting prudential committee, s. .'4(1)- Appomtment, as. 34.-36, General duties, s. 26 and notes. May be dismissedgS. 37 and notes Who may serve, s. 19 (i). Public place, what is, s. 3 (i). Ratification, s. i (a). Records of districts, ss, 22(1), 33- Recording by town clerk, s.28 Replevin for district eecorps, s. 22 (i). Special meetings, ss. 3, 4, 10-13. Time, computation of, s. 2 (2). Vacancies, ss. 24, 36. Voters, ss. 15, 18. Warrant, general form of, s. 6. By justice of peace, ss. 9, 12, 13. Posting and return, ss. 2, 5, 7. 1 . Meetings, how called. Meetings of school districts shall be warned by the prudential committee, by warrant ad- dressed to the inhabitants of the district qualified to vote in district affairs, stating the time and place of meeting and the business (l) to be acted upon. — Gen. Sts. p. 165, c. 79, s. i. {)) A sclipDl district cannot act except upon articles distinctly stated in tbe war- rant.— 56 E. 311. (a; Tbe district can eonfer no authority except at a legal meeting. — 18 Maine, 32 ; la, R. 103; Digest, p. i578, s. 63. Bat it may at a legal meeting upon a sufficient warrant ratify and confirm the proceedings of a previous meeting.— ^8 Maine, IC.! ; 4 Gush. 401. See s. 14, i^ost. In certain cases presumptions Tvili be made againBt school districts as in case of natural persons, und they may be estopped.— 30 R. 33; 44 B. 399; 33 R. 118; Digest, p. 201, s. 147. 2, Posting warrant. Such warrant shall be served by posting a copy thereof, attested by the committee., at the door of the school-house, if there be any in the district; otherwise atone or more public (i) places in the district, fourteen (2) days at least prior to the day of meeting. — id. s. 2. (1) P«6i»C2»toce. The words " public place " mean such places as, in comparison 32 MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. with others in the same town, are those wliere the inhabitants and others most fre- quently meet or resort. — 40 E. 173; Digest, p. 36tj, s. 64. A meeting-house is prima facie a public place, and a return of a posting upon a meeting-honse need not describe it as a public place; but if of Uttle or no public resort in comparison with other places in the city or town, it is not to be deemed a " public place."— 40 E. 188. A shoemaker's shop, in Deerfleld, was held not to be a " public place."— 3 E. 178; 4nE.187. In new and thinly settled towns and places, there may be neither post-office, church , tavern nor store; and the school-house, mill or mechanic's shop maybe properly re- garded as the most public place. And the saine remark may, under proper circum- stances, apply to the bridge, or the guide-board, or the box by the road-tide where newspapers are left for subscribers, and to posts and boards erected by public au- thority for posting notices, where ihe evidence shows that no more public places can be found.— Bell, C. J., 40 E. 188. (2) There must be fourteen days between the day of posting and the day of meet- ing. Wlien time is to be reckoned from anj^ day, date, act done, or the time of any act done, either by force of law or by virtue of any contract, made since the twenty-third day of December, 1842, such day, date, or the day when such act is done, shall not be included in the computation.— Gen. Sts. p. 42, c. 1, s. 33. 3. When TO BE CALLED. ' The prudential committee shall issue a warrant for the annual meeting, and post a copy there- of, on or before the second Tuesday of March, and for special meetings, upon application (i) therefor of three or more voters of the district, within ten days after such application is made. — id. s. 3. (1) He probably cannot call a special meeting upon his own motion without an ap- plication. 4. Justice may call. If the prudential committee neg- lect to issue a warrant for such annual or special meeting, and to post a copy thereof within the respective times limited therefor, a justice, upon a like application, (i) shall call such annual or special meeting, by issuing his warrant and causing an attested copy of it to be served in the manner before pre- scribed. — id. p. 166, s. 4. (1) It has been hetd that application may be made to the justice and his warrant be dated within the ten days, provided It is not i)os. 36 MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. 13. A WARRANT under an application as in s. 12, ma:y be as in s. 9, ante^ substituting the words " a special," for " the annual." See a«/e, s.«ii (2). 14. Meetings legalized. All officers of all school dis- tricts in this state chosen on or after the fifteenth day of March, A. D. 1868, at any school meeting holden and notified at least seven days before the day of meeting, or under the provisions of the laws of this state as they were in force prior to the first day of January last, and their proceedings under such elections, are hereby ratified (2) and made valid (i). Provided, however, that this act shall apply to no case in which a subsequent election has been holden, or proceedings instituted in the premises. — Act of July l, 1868, taking effect from and after its passage. Law^s of 1868, p. 154, c. 23. (1) The effect of auch legislation is that hereafter the proceedings will he lieemed legal except as against rested rights at the time of the passage of the act. — 14 Maine, 350; 9 Mass. 360; Town Officer, p. 13, s. 19 Ql). A meeting called by an acting prudential committee is, if in other respects cor- rect, alegal meeting, although his election or appointment may have been defective. —Digest, p. 499, n; 21 PicU;.75, 8u; 35 Vt. 632. (2) The act has no application to meetings held after the passage of the act. — See also aiate, p. 8, s. 3 (a). 15. Voters. Any person qualified to vote in town (i) af- fairs may vote at any district meeting in the district in which he has resided and had his home one month next preceding. — id. s. 6. (1) This makes a six months' residence in the town, including one month in the district, necessary.— See 41 S. 398 ; Town Officer, p. 59, s. 13. 16. Check-list. Upon petition of ten legal voters in any district, f resented in Janufiry to the prudential committee, he shall make, post and correct a list (i) of the legal voters in the district as selectmen are required to do (2) in regard to the list of voters in their towns ; and said list shall be used and checked at the election of officers and otherwise, at the annual meeting of the district, as such list may be used in town meet- ings. — id. s. 7- (1) The form of the petition may be as follows : To , Prudential Committee of School District No. — , in the town of — -; The undersigned, legal voters in said district, request yon to make, post and cor- rect a list of the legal voters in said district, as selectmen are required to do in rela- tion to lists of voters in their tovm. Dated at said , this — day of , 18—. [Signers.] (2) For A»'m of check-list and certificate of posting, see Town Officer p. 51, 88.16-17, MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. 2^ making the neceBaarjr changes. Thecheck-list may bepostedat the school-house if there is one ; otherwise, in some " public place " in the district, as to which see ante, p.20, s. 2 (1). 17. If any DISTRICT, at an annual meeting, shall vote that a check-list shall be used at future meetings, such check-list shall be so made, posted and corrected, and used at all meet- ings while such vote remains in force. — id. s. 8. i8. Illegai. VOTING. If any person under the age of twenty-one years, or an alien not naturalized, or any person w^ho has not resided and had his home in the district for one month and in the town 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 such meeting, he shall be fined not exceeding thirty dollars, or imprisoned not exceed- ing three months. — id. s. 9. 19. The officers of a district shall be a moderator, a clerk, and. prudential committee (i) not exceeding three (3), who shall be chosen by ballot by a plurality of votes ; shall be sworn, and shall hold their offices for one year or until others are elected and qualified in their stead. — id. s. 10, as amended by s. 30, c. I, of the Laws of 1868. (1) The offices of selectmen .'■.nd prudential committee are not incompatible.— 55 E. 452. See (d) s. 27, post. " Any female citizen of any school districi, of adult age, who has resided therein six months at least, may hold and discharge the duties of prudential committee of such district, whenever chosen thereto by the legal voters of such district, or ap- pointed by the mayor and aldermen of such city or the selectmen of any town." — T^aws of 3872, o. 8, s. 1. (2) A. district having ohoseu a prudential committee of one may choose additional members at an adjournment of the same meeting— 12 Met. 99; but not at a meeting called upon a new waiTant.— 29 Vt. 487. 30. The moderator of a school district shall have the like power and duty as a moderator of a town meeting to conduct the business and to preserve order (i), and may administer oaths (z) to district officers and others, when oaths are re- quired in the district business. In case of a vacancy or ab- sence, a moderator may be chosen at any meeting. — id. s. xi. See s. 21. (1) See Town Officer, pp. 63-68. (2) llie oath of office is as follows : "You do solemnly swear that you will faithfhlly and impartially discharge and perform all the duties incumbent on you as a , according to the best of your abilitiee, agreeably to the rules and regulations of the constitution and laws of the state of New Hampshire. So helpyau God."— Gen. Sts. p. 98, c. 38, B. 2. 21. Clerk moderator pro tem. If, at any meeting, the 2SS MEETINGS ANP OFFICERS OF SCHOOL DISTRICTS. moderator is atsent, or if his office has fcea3me vacant, the clerk shall act as moderator (i) until a moderator /ro teniforer shall be chosen ; and, if the clerk i'S absent, a clerk fro ie'm- -pore shall be chosen ; and it shall not be deemed necessary to; the choice of such officers pro tempore that an articte shall have been inserted in the warrant for that ptirpose 5 and the choice shall be by ballot and plurality of votes.. — Laws of 1S68, c. I, s. 28- (I) It is an irrfigularity for the prudential committee to acif as moderator in such casee. 22. The clerk shall keep a true (i) and attested record of all the doings of each meeting; shall" deliver (2) to the select- men a certified copy of every vote to raise money, within ten days; shall mate and certify copies of any votes, when re- quired and payment therefor is tendered ; and shall have the same power to administer oaths (3) as the moderator. — Gen. Sts. p. 166, c. 79, s. 12. CD The records of schooi districts, if mtellieiljle, will Ije construed liberally to effleet the objects in view.— 17 Maine, 444; 38 do. 19S, 203; 28 Vt. 3S9. Tl)e court will allow an amendment of tbe records in a proper case.— Digest, p. 37. Tke district bas no right to tbe cuatody af its ]*ecdrd» is against the rightfill clerk; but mav maintain replevin tberefor against a stranger.— 44 Maine, 374; 21 Pict. 148. (3) Tbe clerk is to certify a vote for raising money altbougbthe meeting may bave adjourned to a time beyond tbe ten days.— 18 E. 817; Digest, p. 579, s. 40. if tbe vote is reconsidered — see antCf p. 18, 6. 28 (a) . (3) See emte, s. 20 (2). The certificate of the record of a vote should contain a copy of so much of the record as shows the due organization of the meeting and then a copy of the vote, and be attested by the clerk as a true copy from the record. Such a certificate, with a record made up as in s. 23, post, will be as follows : At a meeting of the legal voters of school district No. — , in the town of , on the — day of——, 18 — , at the. school-house in said district, at — o'clock in the forenoon : The meeting was called to order by — — — , moderator [or "clerk"}. Voted to raise the sum of thousand dollars for build- ing a new school-house and procuring land and suitable fur- niture and apparatus and needful conveniences therefor. * *■*♦*■**** A true record. Attest : , Clerk of District. A true copy of record. Attest : , Clerk of District. WE^PTINGS AND.QFFiCEKS OF SCHOOL DISTRICTS- 29 It will be seen th^t the above corresponds with the parts (a) ■and (e) in s. 23, fost. 23. Thk record of a district meeting (the warrant and ■certificate of posting having first been recorded as in s. 5, ante,) may be : (a) At a meeting of the inhabitants of school district No. — , qualified to vote in district afl^airs, at the school-house in said district, on the — day of , iS — , at — o'clock in the ■ noon. The meeting was called to order by , modera- tor, [or "clerk," if s^ch was the fact.] (b) The whole number of tickets given in for moderator was one hundred ; upon which A B bad twenty .votes, C D had thirty-five votes, E F had forty*five votes, and said E F was declared elected imoderator, and in open meetiag took the oath of office by law prescribed. (c) The >whole numbifci- of tickets given ,in for clerk was one ^hundred ; upon which B H had thirty votes, W C had thirty votes, R S had forty votes, and was declared elected clerk by the ■moderator, and in open meeting took the oath ot office by law prescribed. (d) Voted to choose a prudential committee of per- sons. For prudential committee the whole number of tickets given in was one hundred 1 upon "which A B had, etc. C D had, etc. (e) Voted to raise the sum of ^ — thousand dollars for building a new school-house and procuring land and suitable furniture and. apparatus and needful conveniences therefor. [Here insert all other votes, not before Inserted, care being taken to ma)ce the record an accurate and intelligible account ■of the entire proceedings of the meeting. J (f ) Voted to adjourn tbis meeting until the r^- day of , 30 MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. i8 — , at — o'clock in the noon, at the school-house in said district [or, "Voted that this meeting be dissolved"]. A true record. Attest: R S, Clerk (i) of said District. (1) The clerk, if present at the meeting, may certify the record of the votes at the same meeting, although prior to hifl own election.— 13 Pick. 303, SOS; 2 Pick. i&2. 24. If a VACANCY SHALL OCCUR in the office of clerk or prudential committee, from any cause, the selectmen, upon application of one or more voters in such district, shall fill such vacancy ; and the officers thus appointed shall hold their offices until new ones are legally chosen and qualified. — id. s. 13- 25. What is a vacancy. In case a justice (i) shall fail to call such annual meeting in the month of March, by issuing his warrant and causing an attested copy of it to be served, as is provided in chapter seventy-nine of the General Statutes, a vacancy shall be deemed to exist. — Laws of 1868, c. i, s. 29. (1) The meaning of this act is not clear, and further legislation is desirable. It is presumed that the act applies only to the case where an application having been made to a justice to call the annual meeting he has failed to do so seasonably, and p. 101, a. 3. 26. An application to selectmen to fill a vacancy may be : To the Selectmen of the town of ; The undersigned, legal voters in school district No. — , in said town, respectfully represent that there is a vacancy in the oflice of , in said district, and they request you to fill such vacancy. Dated at said , this — day of , 18 — . [Sig ers.] The APPOINTMENT may be as follows : To , of School District No. — , in the town of ■• Whereas there is a vacancy in the office of , in said district, and an application has been made to us by one or more legal voters of said district to fill such vacancy ; we, having confidence in your ability and fidelity, hereby appoint you of said district, and upon your taking the oath of MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. 3 1 office (i) and having this appointment ind the certificate of said oath recorded (2) in the records of said district, you shall have the powers, perform the duties, and be subject to the li- abilities of said office. Witness our hands this — day of , 18 — . ) Selectmen of ^ (1) Seeamte, e. 20(2}. (2) See ante, s. 5 (2). 27. The prudential committee shall select and hira teachers for the district, provide them board, furnish neces- sary fuel, make such occasional repairs of the school-house and furniture as may be necessary, not exceeding in amount five per cent, of the school mone)' of the district, notify the superintending school committee of the commencement and close of the schools, and give them such information and as- sistance as may be necessary for the performance of their duties. — Gen. Sts. p. 167, s. 14. (a) It haa been lield that the ciistrict is not liable to the teacher for his wages.— 1ft B. BIG; Digest, p. .581, b. 80; but see 15 Piclc. 39; II do. 259. (h) The prudential committee as such derives its nuthori^ from the statute, and not from the district, and the district cannot deprive him of the power to provide board for the teachers.— « R. 573 ; 32 E. 127. See also 20 Vt. 487. (c) The prudential committee cannot recover of the district for repairs unless au- thorized by the district. For occasional repairs, not exceeding the five per cent., be has a Uen on the school money and also tor board and ftiel. — 31 R. 404; 37 R. 445; Digest, n. S80, SB. 44^-^7. (d) John M. Shirley, Esq., our excellent state reporter, writes me that in some sections of the state the same person is prudential committee and school committee; that in one instance the same man gave a certificate to himself as teacher, hired him- self to teach, and then hired himself to board himself, which he Justly regards as too much of a monopoly. The whole thing is illegal and reprehensible. The offices are distinct and should never be united in the same person, and least of all should any one ever suppose that he can certify to his own qualifications or make a trade with himself. The prudential committee holds the office and the money of the district only in trust, and must take care not to attempt to use either for his personal emolu- ment. 28. Any member of a prudential committee may be dismissed from office by the selectmen, by a written notice in hand or left at his abode, upon petition of one fourth of the legal voters of the district, alleging that he is incompetent, ir- responsible, or mismanages the affairs of the district, upon four da3's' notice to the committee of such petition, and a hear- ing thereon. — id. s. 15. (a) The petition mav allege et^Ae?* or aU of the CiiuseB of removal or any two of them, Mud m the words of the statute. The selectmen may in their discretion order ft specification. 3 2 MEETINGS AND .OPFICERS OF SCHOOL DISTRICTS. The petition may be as follows : To the Selectmen of the town of ; The undersigned, being one fourth of the legal voters in school district No. — , in said bowa, respectfully represent that , prudential committee of said dis- trict, mismanages the affairs of said district [or " is incompetent," or " is incompe- tent and mismanages the affairs of said district," or " is incompetent and irrespopsi- ble and mismanages the affairs of said district "], and they therefore request you to dismiss the said from his said of&ce. Dated at said , tliis— day of , 18—. [Signers.] (b) The order of notice, serrice and return, may be as follows : A hearing upon said petition is hejeby appointed at , in the town of , on the — day of next, at — O'clocls in the noon; and it is ordered that the peti- tioner-give notice of said petition and hearing to the said , by giving to him, or leaving at his abode, an attested copy of said petition and this order thereon, days at least belore the said day of nearing. Given under onr hands, this — day of , 18—. , ) Selectmen J of The copy may be attested by the person serving it; as— A true copy. Attest.: - -. ilJ ■ ,B — , —^,.18—. !l hejeby certify that on the — day of , IS—, I gave to , Tvithin named, [or, "I left at the abode of , within named," if such was the fact,] an attested copy of the. within petition and order thereon. M-^-^ Bs. , 18—. Then appeared and made oath that the above certificate, by him signed, is true. Before ree, , Justice of the Peace. (c) The final order may be as follows : Upon the foregoing petition we appointed a hearing, and gave notice thereof as aforesaid, and on the — day of , 18 — , at — b"'elock in the noon, at — -, in the town of , the time and place appointed ,[here insert the names of those jvjio ap- peared as parties], appeared as parties i[and said hearing was adjotriied to thfe — day of , IB — , at — o'clock in the noon, at , in the town of ] ; and hav- ing heard all parties who desired to be heard, and examined them and. their wit- nesses under oath, we find that said does mismanage the affairs of said district <[or whatever else may have been charged and found true] as alleged in said peti- tion, ,?ipd therefore order that he be removed from his said office. Given under our hands this — day of ^ 18 — . , ) Selectmen j -^. (d) The town clerk must record the entire proceedings, as they take effect only fj-om the time of their being recorded, and cerfHy the record of each separate part as;toJ).ojvs: Jleceiyed and recorded , 18—, at — o'clock in the noon. A true record. Attest: , Town Clerk. The fljjng upon the pwers may be : Beceived and recordea, and filed , 18—. By me, , Town Clerk. (e) Notice of dismissal may be as follows ; To , Pmde-ntKil Committee of School District JVo. —, in the town of : Tou are hereby dismissed from your, office of prudential committee, for the causes .alleged in the petition of [naming some of the petitioners] and others. Witness our hands this — day of ^— , 18—. , i Selectfnen S JL. (f ) The original should be served, and the copy and return recorded by the clerk •of the district. (g) The certiflcate of service may be as foUows : I certify that on the — day of , 18—, I gave to the within named [or I left at the abode of the within named ^], the original notice of which the within is a true copy. SB. , 18 Then appeared and made oathlhat the above certiflcate signed by him js true. Before me, — , Justice of the Peace. SCHOOL-HOUSES. 33 CHAI^TER IV. SCHOOI/-HOUSES. Agent, appointment of, s. 8 (i^. AsSiisSMENT OF SCHObL-'HOUSE TAX, s. II (b), SS. 13, 14. N^ew assessment,^ :>. 13 (c). New ihvoice, s. 12, s. 13 (a) (c). Illegal assessment, effect of, s. OmisSib'n to tax, eflbcto'f, s. 13 (b). (Betterments upon defective lay- ing out, s. 9 (b). BlULUING COMUJITTEE, S. 12. FyRNITURE AND APPARATUS, S. I. HaIl', "when district may provide, s. 1 (a). JLaND for school-house, SS. 2, 8, 9, lo. Eetition to, selectman, etc., s. 8. Title of districts, s. 8 (a), 9, 9 (a), 10.' Location op school-house. By committee of district, s. 3. By'cbunty commissioners, s. 6. By school committee, ss. 4, 5. Location of school-hous^. By vbte of district, s. 2. Neglect to build school- house, ss. 10, II. To procure lot, s. 10. To remove school-iiouse, ss. 10, ' II. NON-RESIDiNT TAX-LIST, S. I^. Over-estimate by selectmen, s. II (c). Private scHOot', s. i (b). Raising money by district,' ss. i. For repafrs before union, s. i (c) Ratification by vote only, s. la Removal from district, s. 14 (a). Schools, where to be kept, ss. i6, 16(a). Selectmen, when liable for ta]t; s. 13 (a). Trees and fence on school- lot, s. 8 (a). I. Raising money for. Any district, at a legal meeting holden for the purpose, may raise money (i) for buildirted. ^ ,, .,-. (2; It is na objectiqn tbit the apliool-hoase was r^mbve^ fioni ^bother distlricbi nor tUat it was lell in a dilTcrent Bha,pe and size ftofn what itwasbetore.— S9' MHitae, 666. 1 1 (a) The district may build with a hall for the occasional qSe of the district, the contraoLor reserving the right to the use at other times^— B Metl 498, 510^ (b) It Is held in Vermont that the district qiay autborize a private school to be tefltinthe Bohool-house:— :i7 yermont,>9T; .21dp. 48. (c) If a union district, It is no objection that tbe money voted is for repairs made bejbire the union, provided the n^w diatriot takes the beneflt of them — 34 K. 315 ;, Di- gksi, p'. 518, s. 35. But provision shovM be made lor such cases at the time of the ubion. 2,. The district may decide (i)'upots the location of their school-houses by vote, or by a committee appointed for 3 34 SCHOOL-HOUSES. that purpose, and purchase or procure land for the same, and may choose committees with powers to carry their votes into effect. — id. s. 2. (1) The district may locate by a major vote of those present and voting. — 38 Vt. 177. The location Blioald always give the boundaries. 3. If the district locate by a committee, the vote may be ; "Voted, that A B, etc., be authorized to decide upon the location of said school-house, and purchase or procure land for the same." This will make the action of the committee final. Or the vote may be : " Voted, that A B, etc., be a committee to examine and re- port upon the location of the school-house," and then a subse- quent vote adopting their report will be necessary. See ante, p. 8, c. 2, s. 8, and post, s. 4. In either case the location should be by distinct boundaries. The report should be in writing, and be recorded by the dis- trict clerk and kept on file. See p. 22, s. 5 (2). The record- ing may not be indispensable, although useful to guard against loss. — 3 Allen, 409. A majority of the committee may act. — 35 R. 447 ; Digest, p. 578, s. 31. 4. Location by school committee. If any three or more of the voters of a district are aggrieved by the location of any school-house by the district or its committee, they may apply by petition to the school com.mittee, who shall hear and de- termine the location thereof. — id. s. 4. (a) The proceedings may he as follows : To the School Committee of tlie town of ; The undersigned, leg;il voters in school district No. — , in said town, respectfully represent that a pared of land described as follows : [insevt the desci-iption] has been decided upon by said district for the location of a school-house, for said dis- trict. Your petitioners are aggrieved by the location of said school-house and re- quest yon to detevmine the location thereof. Dated at said , this — day , 18—. A hearing upon said petition is hereby appointed at , in the town of — — on the — day of next, at — o'cloclr In the noon; and it is ordered that the- petitioners give notice of said petition and hearing to the said district by postin" an attested copy of said petition and this order thereon, on the door of the school-house of said district, fourteen days at least before said day of hearing, and leaving a lilje copy at the abode of the clerk a like time before said day of hearing. Given under our hands, this — day of , 18—. , I Selectmen of SCHOOL-HOUSES. 35 The copy may be attested by the person Berving it; as— A true copy. Attest ; . I certify tliat on the — day of , 18—, I posted an attested copy of said pelition and order, on the door of the school-house in the school district within mentioned, and on the same day I left a like copy at the abode of , the town clerk of said district. B ss. , IS—. Then appeared , and made oath that the above certiilcate, by him signed, is true. Before me, , Justice of the Peace. Upon the foregoing petition we appointed a hearing, and have given notice thereof as aforesaid, and on the — day of , IS — , at — o'clock in the noon, at — — , in the town of , the time and place appointed, [here insert the names of those who appeared as parties], appeared as parties [and said hearing was ad- journed to the — day of , 18 — , at — o'clock m the noon, at , in the town of •} ; and having heard all parties interested who attended and desired to be heard, and all evidence offered by them, and examined them and their witnesses nnder oath, we find that the parcel of land described in said petition has been de- cided upon by said district for the location of their school-honse, and that the pe- titioners, being three or more legal voters in said district, are aggrieved by such location, and we therefore determine that the location of said school-house shall be upon a parcel of land bounded and described as follows : [Insert by metes and bounds] Given under our hand at , this — day of , 18 — , j Selectmen of Received and recorded at * 18 — , at — o'clock in the ^noon. A true record. Attest. , Town Clerk. Xf no change is made, the report after proceeding to the word oath, ma^ be : *' We find that said petitioners are not aggrieved by the location of said school-house, and we therefore make no change," etc. 5. If district do not agree. If, at a meeting duly hold- en for the purpose, the district do not agree upon a location for a school-house, or upon a committee to locate the same, the school committee, upon petition of three or more voters, shall determine the location. — id. s. 5. (a) The proceedings may bo : — To the ScJiool Committee of the town of : The undersigned, legal votnrs of school district No. — , in said town, respectfully represent that at ^ meeting of said district, duly holden on the — day of last, to act upon tlie subject, the district voted to build a school-house, but failed to agi-ee- upon a location for said school-house, or npon a committee to locate the same, and said meeting adjourned without day ; wherefore the undersigned request you to de- termine the location thereof. Dated at said , this — day of , 18—. [Signers.] Order of notice, service, etc., as in s. 4. iinal order, as in 3. 4, to the word oath, and then say : " we find that at a meeting duly holden to act xipon the subject, the said disti-ict voted to build a school-house, but failed to agree upon a location for such school-honse, or upon a committee to locate the same, as .stated in said petition, and said petitioners are legal voters of said district; we therefore determine that said location shall be at," etc. [Ouscriba the lot by metes and bounds.] Date, signature and recording, as in B. 4. » 6. By county commissioners. If any ten or more legal voters of a school district are aggrieved by the location of any school-house by the district or its committee, or by the super- intending school committee, they may apply by petition (r) to the county commissioners, who shall upon notice and hear- ing determine the rdtat5dh.-^LdWs-. 5.J7, 956. It is held elsewhere that one who jays puch an illegal tax to we town ccSlector or freaaiirer may recover Jt of the distrjpt.— 11 Gray, 487; 3, Cush^ H3; 12 Picls. 206; 81 Maine, 101; 41 do. 24B. Butitis presumed that it may (le recovered of the town ftit l(as not been pftid gfvei' to the district, or the tax-payer may proceed against jthe selectmesn. _ ■ (hi An omission thirougll errorof jiidgment or tnistaketo assess a person liabje to a school-house tax does not invalijlate Jlie, tax as against others .—21. Pick. 76; 6 Met. 4118. ^ . ,. (c) If an illegal assessment has been made, the selectmen, or their successors, may make a new one.— 3 Masg. 231. It is no objection to the validity of an assess- ment that it is not made wSthin the time directed by the statute.— id. 14. New invoice. The selectmen may make a new in- voice of all the property in the district, w^efi necessary for the just assessment of the school-house taxes. — id. s. 11. (a) The men fact of changes sin e the first of April, either in tlie ownersljlp ot property or by removals from the district, will not render a new invoice essential, for it may be'just in some cases to tfax upijn the pld invoice notwitliBtaiiding.— 42 E. 102; Digest, p..579, ss. 46, 47. See ante, s. 13 (1). It lias been hejd in Mass. that a person cannot be assessed in a school diBWict after he has been set off tsffva. it.— 12 Met. iVS ; Gray, 413 ; 5 Pick. 333. 15. NoN-RESiDENTS. If such taxes ai'e assessed after the first of July, in any year, upon ti^e property of non-resideats, the collector may deliver a copy thereof to the deputy-secre- tary on or before the eighth day of the next June session of the general court, and further proceedings may be had in re- lation thereto as if such tax had been assessed in April preced- ing. — id. s. 12. See Town Officer, p. 221, ss. 3-21. 16. Where school shall be kept. No district school shall be kept in any other place than the school-house belong- ing to the district, unless there is no school-house, or the school-house is out of repair, or not of sufficient size to ac- commodate the scholars ; in which case the prudential com- mittee, with the consent of the school committee, may pro- vide suitable rooms and conveniences for the use of the schol- ars at the expense of the district.— id. s. 9. (al A verbal consent may be sufficient, but a written applicatipn, as followe, is ad- visable: spuQOi. COMMITTEES -AND t;';eachek,s. ^f To the ScTuMl Committee of the toum.0/ ; iThe oriaersigiied, 'ptaflehtial committee of school aistrict No. — , i!i said town, le- speotfafly represents that the school-house belonging to said district is not of sqffl- cienC size to accoirimottate the seholar's, ahd ho jivopoees, trtth yout oonsenftfc provide suitable rooms and conveniences for the scholars at the expense of the dis- *Sfet''at{«KBcrH)ei|, aoawequesteyWMrapirt-Ovaf.' - . .^ . t Dated at said , this — day of , 18—. — , Prudential Committee. Approved this— day of- — ^, J*-^. j. School COjWnaittee. CHAPTER v. SGHOOt COMMITTEES AND TEACHERS. Annual repc^rt. ss. 21, 22. Copy of to state superintendent, s.,32 (a). Bi^ANCHES required in schoqls, " s. 6. j^dcjitionalbranches, s. 7. Certificate, of moral character, ss. 3, 4. t-Qf qualiScations, ss. 3, ,5, .8, 8 . (a)- Of return of register, ss. 17-19. Colored CHILDREN, s. 12 (e). Compositions, s. 12 (d). Dl'sSllSSlON OF TEACHER, SS. 9-II. Vpon petition, ss. 9, 11. Without petitio|i, ss. 10, ii. -Examination, of teachers, ss. 6, 7. Of schools, ss. 20, 21. ■Injunction against district, s. 8 "(a).' Prudential committee, s. i (a). Religious exercises, s. 12, (g). Rules and regulations, s. 12, fLi^d nptes. School committee, choice of or appbiritment, ss. i, 2. Colnpensatipn of, s. 23. Duties and authority, s. i (a), ss. 3, 7, 9-24. Scholars from out the district, s- 12 (a). School registers, ss. 17—19. Certificate of return of, ss. ip. Effect of certificate, s. 18 (a). Trespass for registers, S} 17 '(a,). Sub-committee to examine, ss. 20, 21. Superintendent of schools, s. 24. Of public instruction, s. 22 (i). Sweeping school-house, s. !» (b). Tkacheks, qualifications of, ss- 3.6, :7, S(i)- Authority of, ss. ^, 12 (c) (dj. Must produce certiricates, s. 8. Must return register, ss. 17, 19. Nqt liable tp parent, s. 6 (a). Suit by, for Vfages,' ss. 8 (a), i8- (a). When dismissed, ss. g-ii. Text-books, change of, ss. 13, 14. 15- By whom supplied, s. 16. Not to be sefctariari, s. 15. Vacations, s. 12 (f). 1. Sc^^ooL COMMITTEE. Every town may elect (i) annu- ally, by ballot, ?i sqlippl cqmmittee pf so maqy persons ps tiiey think fit ; and whenever ^ny town ^hall neglect to choose such comnsittee in manner aforesaid, or ptherwise according to law. .42 SCHOOL COMMITTEES AND TEACHERS. the selectmen, before the twentieth of April, shall appoint i^i) such committee. — Gen. Sts. p. 169, c. Si, s. 2. (1) A vote to choose five persons as an " examining committee," is a sufficient des- ignation.— 13 Pick. 229. (2) To , of thetown of ; Whereas said town lias failed to elect a school committee at its annual meeting, ■we, having confidence in your ability, discretion and fidelity, hereby appoint you school committee of said town for the year 18—, and upon your taking the oath ol office, and having this appointment and the certificate of said oath recorded in the records of said town, vou shall have the powers, perform the duties and be subject to the liabilities of said office, until othera are chosen or appointed and sworn in your stead. Witness our hands this — day of , 18 — . S Selectmen (a) It is held in Mass. that the school committee may break open a school-house, from which a teacher has been unlawfully excluded, and re-instate him.— 8 Cnsh. 191. But it is presumed that they could not do it here, against the will of the pru- .dential committee.— See 37 Vt. 497 ; 2t do. 28. 2. Any town may adopt a by-law providing for the choice of a school committee of such number, chosen in such manner, for such terms, with such title, and such powers re- lating to schools, as they may think proper ; and the commit- tee so chosen shall hold office and have power accordingly ; and shall perform all the duties imposed by law on school committees. — id. s. 2. 3. To EXAMINE teacheks. The school committee shall examine all persons proposing to teach school in the town, who shall produce satisfactory evidence of good moral charac- ter and of suitable temper and disposition for teachers, in such branches as are usually taught in the class of schools in which they propose to teach, and as to their capacity for governing the same ; and if found competent they shall give them certifi- cates thereof, setting forth» the branches they are capable of teaching. — id. s. 3. 4. A CERTIFICATE OF MORAL CHARACTER may be : This certifies that we have been acquainted with the bearer, , of this town, for — years, and that he is a per- son of good moral character, and of suitable temper and dis- position for a teacher. Witness our hands at , this — day of , 1 8 — . [Signers.] An informal letter or verbal statement may be ■ ' satisfactory " if the committee choose so to regard it. 5. A CERTIFICATE OF QUALIFICATIONS may be : This certifies that is well qualified to instruct SCHOOL COMMITTEES AND TEACHERS. 43 (i) youth in reading, spelling, writing, English grammar, arithmetic, and the elements of geography and history. Witness our hands at , this — day of , i8 — . ") School Committee I of (1) This implies a capacity to govern, and, if this ia wanting, the certificate should be withheld.— 9 Allen, 94. (2) If other branches are to be taught the certificate should specify them. It should in all cases specify the branches which the applicant is found competent to teach and is expected to teach. 6. Branches required. Teachers of common schools shall be examined in reading, spelling, writing, English gram- mar, arithmetic, and the elements of geography and history, and in other branches usually taught in said schools. — id. s. 9. (n) A teacher is not liable to a parent for refusing to instruct his children. — 23 Pick. 224. 7. Additional branches. The school committee may prescribe for any school, where in their judgment it shall be proper, the study of surveying, geometry, algebra, book-keep- ing, philosophy, chemistry, natural history and physiology, or any of them, and other suitable studies : and teachers propos- ing to teach in such schools shall be examined in those branches in addition to those required of other teachers. — id. s. 5. 8. No PERSON SHALL BE EMPLOYED OR PAID FOR SERVICES AS A TEACHER unless he shall produce and deliver to the pru- dential committee a certificate of the school committee of the town in which the district where the school is to be kept is, or is deemed to be, that he is well qualified to instruct youth in the branches to be taught in such school. — id. s. 5. ^a). Until such certificate has been obtained and delivered to the prudential com- mittee, or oflfered to him, the person employed has no right to wa^es and no authority. And the court, upon application by any inhabitant of the district, will grant an in- junction against paying one for services prior to the time he obtained his certificate. —19 11. 170; Digest, p. VXi, s. 116; 9 Alien, 84; 27 Maine, 206, 278; 20 do. 154. It must be signed by a majorit}/ of the committee; but if thus signed, it cannot be objected that the committee did not ait together in the examination.— 27 Maine, 266, 278 ; nor that it was granted without any examination, provided it was not obtained by fraud.- 20 Vt. 495. The certificate should be from the committee of the current year.— 20 Maine, 37. 9. Dismissing teachers. The school committee, upon petition of a majority of the legal voters in any district for the dismission of a teacher, after giving to the parties ttventy-four (f}4 SCHOOL com;mitteks and ,teaci^ers. hfifirs' notice fin^ a hearing, m^y.fiispiss him, if,in ^he^r juflg- ment such, dismission vvill hest prqtnote the interests of the dipT trict. — ;id. s. 7. r|t jqa^y, ox:oiii' that the dismission of a competent teacher without any fault on his part ** will hest promote the interests of the district/' but such cases must be ex- tremely rare. The form .of. proceedings under s. 9 m.ty be: To the School Committee of the town of ; Tbe undersigned, constituting aipiajorfty of the l£^al voters in school ^ii>tr^t So. — , in eaifl town, respectfully ropresentthat the'dlsmis'sion of ^ who is.,a teach^ ^ said disp^ict, willj^est proj^ote . the interest of the district [reason? oia^, be as- J;igDSjl if dieemed expedient], And they therefTore request tb'at he may be disinisa^ 'Dated at said , this — day of ^^, 1^—. [Signers.] (Order of notice by tlje committee and service and returns as in (b) a. 28, p. 331, apte. .Kna^ order a.aie and recording as s. 28, p. 33, avte. ,11. Notice of removal. The school committee, upon dismission of any teacher, shall give immediate notice thereof to the teacher and prudential committee ; and the teacher sh^ll receive no pay for his services after such notice. — id. 5.9. ,:{Jotice to the prudential committee may be : To the Prudential Committee of School District No.—: Tou are hereby notified that , heretofore employed as teacher in said district, has this day been dismissed. Witness our hands this — day of , 18—. , > School Committee ,1 _fl_. Notice to the teacher may be as tollows : ^ •, a Teacher in Scliool District No. — : Tpii^re hereby notified that [upon the petition of a-piajority of the legal voters of said district] you have this, day been dismisBed [reasons may be assigned if defimifd Witness onr bands this — day of , 18—. , ) School Committee J °^ Service of the notice should be made by giving or leaving the original and retain ing ^ copy ; see anie, p. 32, s. 28 (f) (g). ^ J,». Rules AND REGULATIONS- The school committee . may SCiHodL COMMlT'rEES AND TEACHfaltS. 45 prescribe suitable rules and regulations for the management; studies, classification arid discipline of the schobls, whenever they deem the same necessary ; and the same being recorded by the town ' clerk, arid a copy thereof given to the teachers- and read in the schools, shall be binding upon scholats arid teachers, ^d. s. ib. Tlie school cortimittee may rriake such rules arid regulati6rii respecting the attendance of the public schodls iri their respec- tive towns as in their opinion may be necessary. — LaW^ of 1 8*68'; p. 145, c. 9'. Such regulations may be in form as follows : RBWLATIONS FOR SCHOOLS' ik THE TOWN CIF '■ — . No child under three years of age shall attend any summer school, and no child under four years of age shall attend any "winter school. &ho61-rooms shall be kept warm arid clean, and teachers;' nriay in their discretion require scholars to kindle fires and ^sweep school-rooms. . Scholars shall be responsjBle to teachers for any misconduct in going to or returning from school except when in the imrii'e- diate care of their parents, masters or guardians. Compositions shall be required of the most advanced class in grariirriar once in two weeks during the term. Witness our hands this — day of -, 18—. School Committee' of Recording as in p. 97, s. 42 (c). (a) The act ol'1868 was not probably intended to authorize the school committee to deterraiDe )n relation to the attendance of scholars from out the district.-:-See mnte^ :p. 9, c. % s. 82, and post, c. 53, s. 1. (b) Ordinarily a regulation that scbolars ehiiU sweep ibe school-room is reason- able and valid.— Rideout u. Woods, Hillsboroufeh, March Ad. Term, 1868. (e) n Is said by Aldie J., in 32 Vt. R. 130, that the superrisSon and control of Mi($ master over a scholar extends from the time he leaves home to go to school till he returns. Tl)e question does not appear, to have come before the courts of this state, and to wSikove dbnbts it' may be Vetl for the' sohdol committee to make a rule on the Buh^ jeot. TBA o4sa iri Vf. ■vras wheh! the scholar Some hours after his return hoitta, but la tlie presence of other scholars, used insulting language toward the teacher for which he was punished by the teacher on his return to school the next morning, TBe Co'nrt was punisbea by the teacher on nis reiurn to school tne next momug, Toe Co'nrt held jthat although the tftaober bap jn general no right to punish for misconduct after sorrool Bofftra ana the refnm of aputjfl tdlii*honie,ye{lieiirfaybn the pUpil's r«tiim ito school punish him for any misbehavior " which has a direct and immediate ten- 46 SCHOOL COMMITTEES AND TEACHERS. dencv to injure the echool .ind subvert the inaster*s authority," and the jury founcE' the misconducc in that case was of this character Lander v. Sea ver, 32 Vt. 114. (d.) It has been decided in Vermont that the teacher may require compositions of the grammar class and that a scholar may be expelled who does not conform to the- requirenient.— 32 Vt. 225. " It seems that sucii a requirement would be reasonable and proper in tho ma- jority of the studies prescribed for district schools." — id. per Kedtield, Ch. J. "(e) It has been decided in Massachusetts, under a similar statute, that separate schools may (je provided for colored children. — 5 Cush. 198. (f) The school committee may determine vacations if they see fit.— 12 Gray, 16. (g) It has been decided iu Massachusetts that the school committee of a town may lawfully make a rule that the schools shall be opened each morning with reading' from the Bible and with prayer, and that during prayer each scholar shall bow the head, unless his parents shall request that he be excused from doing so ; aud that thev may lawfully exclude from the school a scholar who refuses to comply with such rule and whose parents refuse to request that he be excused from complying with it.— Speller v. Woburn ; 12 Allen, 127. It was considered that a regulation that the scholar sliould bow the head did not compel him to join in the prayer, but was merely to preserve order and decorum dur- ing the services. "A regulation," said Ch. .J. Bigelowin delivering the opinion of the court, "requiring the pupils to conform to any religious rite or observance or go through with any religions forms or ceremonies which are contrary to their religious convictions or conscientious scruples, would be a violation of the spirit of the con- stitution of the state, which provides that * no one shall be hurt or molested in his person, liberty or estate for worshiping God in the manner and season most agree- able to the dictates of his own conscience.' " 13. Text -BOOKS, change of. Any text-book or sei-ies of text-books on one subject, which on the tenth day of July, 1867, shall have been in established use in any school for a less time than three years, and any which shall be thereafter introduced by the school committee, shall continue in use therein for the term of three years from its introduction, and during that time no other text-books on the same subject shall be used. — id. s. II. , 14. The school committee may direct a change of one of the text-books or series of text-books on one subject, used in. each class of schools kept in town, annually, and no more. — id. s. 12. 15. Not sectarian. No book shall be introduced calcu- lated to favor any particular religious or political sect or tenet, —id. 16. Parents, etc., to provide. The parents, masters, or guardians of the scholars attending school, shall supply such scholars with the books required to be used in the schools ; and upon neglect or refusal, after notice, the same shall be fur- nished by the school committee at tire expense of the town ;, and the cost of the same shall be added to the next annual tax. of such parent, master, or guardian, if able to pay the same. ^— id. s. 13. 17. School registers. The school committee shall fur- SCHOOL COMMITTEES AND TEACHERS. ^f nish to every teacher one of the blank registers required to be furnished by the board of education, and each teacher shall cailse all proper entries to be made therein as required by said board ; and in the absence of such register he shall keep a rec- ord of the names and ages of all the scholars attending his school, the studies pursued by each, and the number of half days each has attended his school. — id. s. 14. (a) It has been held in Massaohuf etts that the school committee cannot maintain trespassfor school registers taken from their possession 3 Cosh. 549; 14 Gray, 160; bnt see Digest, p. 613, s. 32. 18. Return of. * Every teacher, at the close of his school and at the end of each term thereof, shall make a return of such register or record to the school committee of the town, who shall give to him a certificate thereof; and no teacher shall receive payment for his services, until such certificate is produced and delivered to the prudential committee. — id. s. 15. (a) As the certificate is now required it will protect the pmdential committee in paying, but it may not bo conclusive in an action by the teacher tor his wages. — ^2; Allen, 693. 19. The certificate may be as follows : This certifies that , a teacher in school district No. — , has returned to us a school register or record as required by law. Witness our hands this — day of , 18 — . School Committee of 20. Visiting schools. The school committee shall visit and examine personally, or by a sub-committee by them ap- pointed, each school kept in town, at least twice in each term, near the beginning and toward the close thereof. — Gen. Sts.- p. 170, c. 81, s. 10. 21. By sub-committee. Such school committee may elect one of their number to visit and superintend the schools, who shall make report to the committee of his doings, and of the state of the schools, before the first day of March annually. — id. s. 17. 22. Annual report. The school committee shall present to the town, at its annual meeting, a report stating the number SCHdoi' ddtdiilTTElE's Aklb'TEAfcHERS. of weeks the public schools have been kept in each district^ in «tinSftief and winter, and what portibh by male and what by female'^teachers ; the whole number of scholars that have^' at- tended each school, and the niirhber attending to each study; the number of children between four (i) and fourteen that have not attended school, and the number of persons in each •district between the ages of fourteen and twenty-one years who cannot read and write, with such suggestions relative to' tite schools as they may think useful. — id. s. 191 O J They a*e ndw required to traBsiflili 3 ebpy of tlieit repoi^ to tfte BiJperiBteBdfent O^ pubJio instructioji.— Laws of 1874, o. 43, bs. 3, i; ppst, c. 8, ss. 13, 14. The Mst of July 7, 1874, (post,, c. 33,' sa. 18, IS.Jreqnires a report of children between foaf and seventeen, in the town, or of children betwreenflve.ftnd fifteen tiiEttU^venot;.^ itended schdOl. A new statlifflS stanng'ejcplicStly' what the rejibrt must contain wotBO seem adrisable. A table in the following form may be found convenient : Ko. of District. f 1 E Names of Teachers. "o o lO ■g- 6 6 iz; «> o 1^ 1 c o it ■*« a B III H sr§- S|| 1. Summer. Miss S. F. Winter. Mr. C. E. M. 2. Suiumer. Miss A. B. lyintSr. Mr. J. C. G. * Similar columns for the other branches. 23. Compensation. The school committee, upon satisfy- ing the selectmen that they have attended to the duties and m4de the reports by law required, shall be entitled to receive such reasonable compensation as the town may determine. — id. s. zo. 24. Superintendent. Any town, by a by-law, may pro- vide for the election, in such manner as they think fit, of a su- perintendent of schools, who shall hold hisofRcefor such term, be vested with such of the powers and charged with such of the duties of the school committee and of the prudential com- mittee, and be entitled to such compensation, as may be therein provided. — id, s. i8. HIGH SCHOOLS. 49 CHAPTER VI. HIGH SCHOOLS. Academy, contract with, s. 15. County commissioners ma^' lo- cate, s. 12 (i). Districts for, how formed, ss. By vote of town or district, s. 2. By union of districts, s. 3. Organization of, liow effected, ss. 4, 4 (a). High school committee, ss. 7, 8. School committee to act as such, s. 10. Location, by district, s. 12. Location, by commissioners, s. 12(1). Not by school committee, s. 12 (I)-" Prudential committee, ss. 9, II. When selectmen shall appoint, ss. 4, II. School-house for high schools, ss. 12, 12 (i). Special statutes continued in force, ». 13. Raising money for high schools, ss. s, 6. I. Districts FOR. Districts for the support of high schools may be established in any town, which shall have the same powers and be subject to the same rules as other school dis- tricts, except so far as they may be changed by this chapter. — Gen. Sts. p. 171, c. 83, s. i. 3. By vote of town or district. Any town, by vote in town meeting or by by-law, and any school district having not less than one hundred children between six and sixteen years of age therein, by vote of two thirds of the legal voters at a legal meeting, or by a by-law adopted by the like proportion of voters, may determine to establish a high school, and shall thereby be constituted a high school district (i) ; and by a like vote such district may be discontinued. — id. s. 2. (1) The article in the warrant for the district meeting may be ; "To see if said district will by » vote of two thirds of the legal voters at snid meeting establish a high school;" and the vote may be: "Upon the nrlicle in the warrant, it was moved and seconded that snid district establish a high school ; upon which motion twelve voted in the affirmative and six in the negative, and two thirds of the legal voters at said meeting voting in favor of said motion, it was adopted." 3. Union district. Two or more school districts in the same or different towns, by concurring votes of two-thirds of the voters present at a legal meeting of each district, may unite in the support of a high school, and shall be a high school district (i). They shall nevertheless each retain their sepa- rate organization for the support of the common schools therein. — id. s. 3, as amended by c. 7 of the Laws of 1S69. 4 50 HIGH SCHOOI-S. (I) The articles in the wavraats m.as' lie : "To see if saiil disfriot will by vote oi' two thirds of the voters of said district unite with sohool district No.—, in the town of , m the support of a high school." And the vote mav he : "Upon the article in the warrant it was moved and seconded that said dis- trict unite wirh school district JJo. — , in the town of , in the support of a high school, and with .-aid di;?trict constitute the Union liigh school district, upon which motion twentv voted in the afflrniative and six in the negative, and two thirds of the voters of said district voting for said motion, it was adopted." " Voted, that the clerk be directed to certify the proceedings of this meeting to said district No. i» 4. Organization. If two or more districts have voted to unite, an application should be made to the selectmen to ap- point a prudential committee of the high school district; and this is the more prudent course, when a single district has voted to establish a high school, although in the laiier case the appointment had better be given to the then prudential com- mittee of such district. If two or more districts in different towns unite, the selectmen of the town in which most of the voters reside can probably appoint. — Ante, p. 13, s. 13. (II) In calling the first meeting of the high school dietiict (as there is no hiprh school house), it is advised that a copy of the warrant be posted at the school-house in each district composing the high school disirict, and aUo in some otlier public Xihice in such district. 5. May appropkiate money. Such town or district may, by vote or by-law, appropriate such part of the school money to which they are entitled as they think fit for the support of the high school, and the same shall be paid to the prudential committee of such high school district, or to the officer or agent of the town or district who is charged with his duties. — id. p. 182, s. 4. 6. Additional sum. Such town or district may, by vote or by-law, raise such sum, in addition to the school tax re- quired by law for the support of such high school, as they shall think proper, which shall be assessed and collected as other school taxes, and paid over to the prudential committee or officer charged with his duties. — id. s. 5. 7. A HIGH SCHOOL COMMITTEE maybe elected by such town or district in the same manner as school committees may be chosen. — id. s. 6. 8. Duties of. The high school committee shall have tlie entire charge thereof, shall prescribe and ascertain . the qualifi- cations of the ' teachers, prescribe the course of studies, the books to be used, and the qualifications required for admission, HIGH SCHOOLS. 5 I and generally shall have the same powers and perform the same duties in regard to such high schools as school commit- tees in relation to common schools. — id. s. lo. 9. A PRUDENTIAL COMMITTEE of such district may be chosen, or the high school committee or any other officer or agent of such town or district may, by vote or by-law, be charged with the duties of such prudential committee. — id. s. 7. 10. If no high school committee is chosen or appointed, the school committee of the town shall be ex-officio the high school committee of such district. — id. s. 8. 11. If no prudential committee is chosen, and no per- son is charged with his duties, or if from any cause there is a vacancy in said office, the selectmen shall fill such vacancy as provided in the case of common school districts. — id. s. 9. See ante. p. 30, ss. 24-26. 13. Any high school district may purchase a suitable lot for their school-house, and in case the location of a school- house has been fixed (i) according to law, and the agents of the district cannot agree with the owner for the purchase of the same, the selectmen may lay out such lot, not exceeding half an acre, as in other cases. — id s. 11. (1) The county coramiesioners have jnrisrtiction, if at any meetiufi; flnly holrlen for the purpose the district does not aprree upon a location or upon a committee to lo- cate, and wlien twenty or more voters are aggrieved by the location.— Laws of ItiTO, c. 9. The school committee cannot locate.— id. 13. Special statutes. All statutes heretofore passed ap- plying to particular places or districts, relating to schools or the committees or officers thereof, now in force, shall remain in force until repealed, altered or suspended. — id. s. 12. 14. Contract with academy. Any town or school dis- trict in this state is hereby authorized and empowered to exe- cute such business arrangement (i) through its special com- mittee, with the tru.stees of any academy, seminary or other literary institution situated within the limits of the town, as said district or town may approve by a two thirds vote of the legal voters present and voting at any legal meeting, due notice having been given ; and the school monej' of said town or dis- trict may be used to carry out such contract. In case one of the contracting parties shall be a school district or union school 52 SCHOLARS. district, tlien the consent in writing of the school committee of the town shall be required before such agreement shall be in force. — Laws of 1874, c. 69, s. i. (1) It will be priulent to take the advice of competent counsel ut the beginning, ■\vlienevcr such an arrangement is contemplated. CHAPTER VII. SCHOLARS. Adults, s. 15. Census of childrex, ss. iS, 19. Compulsory attendance, s. 17. Factory CHILDREN, ss. 11, 14. Expulsion, ss. 5, 10. From other districts, ss. i, 3. Penalties upon scholars, ss. 2, 5,6- Upon others, s. 13. Punishments, ». 10. Place of attendance, ss. 2, 3. Reform school, ss. S, 9. Teacher, authority of, ss. 15, 16. Truants, by-laws for, s. 6. Officers to enforce, s. 7. Truants ma^' be fined, s. 9. May be sent to reform school, ss. S, 9. May give bond, s. 10. Vaccination, s. 4. 1. From out the district. No person shall have a right to attend school, or to send any scholar to the school, in any district of which he is not an inhabitant (i) without the con- sent of the district or of the prudential committee. — Gen. Sts. p. 173, c. S3, s. I. See anie, p. 19, s. ^2 (i), p. 45, s. 12 (a). (1) Children at the county poor-house are inhabitants so as to bo entitled to at- tend. — Brentwood School Disti'ict v. PoUai-d, SS K. 303. 2. No SCHOLAR WHO SHALL HAVE BEEN ASSIGNED tO a par- ticular school by vote of the district, or by the committee authorized by the district to assign the scholars to particular schools, shall have the right to attend any other school in the district until assigned thereto. — id. s. 4. 3. Penalty for attending elsewhere. 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 oflencefive dollars, and for the second oflence he shall be fined ten dollars, or be imprisoned not exceeding thirty days. — id. s. 5. SCHOLARS. 53 4. No CHILD UNLESS HE HAS BEEN DULY VACCINATED Of has had the small-pox, is entitled to attend any public school ; and the prudential committee of the several districts, and those who exercise the powers of such committees, shall not allow any such child to be admitted to or connected with any such school. — id. s. 2. 5. Any scholar may be dismissed from school by the school committee for gross misconduct (i), or for neglect or re- fusal to conform to the reasonable rules of the school ; and shall have no right to attend the school till restored by the school committee. — id. s. 3. (1) This may be out of school and Rcbool hours as well as in.— Gush. 160. See aiUe, p. 45, B. 12 (b). 6. Any town may make by-laws concerning habitual tru- ants and children not attending school, without any regular and lawful occupation, between the ages of six and sixteen years, and to compel the attendance of such children at school, not repugnant to law ; and may annex penalties for the breach thereof not exceeding ten dollars for each offence. — id. s. 10. 7. Such town may appoint three or more officers to en- force such laws, either of whom, and no other, may make com- plaint for such offences, and shall be authorized to serve any process relating thereto. — id. s. 7 ; 10 Allen, 149. 8. Reform school. An;^ offender against such by-laws, upon conviction, may, instead of such fine, be sentenced to the reform school for a term not exceeding one year. — id. s. 8. 9. Committed for fine. Any such offender, on convic- tion and sentence to pay such fine, may, in default of payment, be committed to the reform school till the same be paid or he is otherwise discharged ; but the court of justice imposing such sentence may at any time discharge such offender, on proof that he is unable to pay said fine, and has no parent, ■guardian, or person chargeable with his support, able to pay it. — id. s. 9. 10. Such offender so convicted may give bond to the town in the penal sum of twenty-five dollars, with sufficient sureties, approved by the court or justice before whom he was convicted, conditioned to attend regularly some district or other school kept in such town, for one term next ensu ing, when the 54 SCHOLARS. same is kept, to comply with the regulations thereof, and to be obedient and respectful to the teacher ; and his fine may there- upon be remitted bj'- such court or justice on payrhent of the costs. — id. p. 174. s. 10. 11. Factory CHILDREN. No child under fifteen years of age shall be employed in any manufacturing establishment, unless he has attended some public school, or private day school where instruction was given by a teacher competent to instruct in the branches taught in common schools, at least ^U'e/^je wee/li- during the year preceding. — id. s. 11. 12. No CHILD UNDER THE AGE OF TWELVE YEARS shall be employed as aforesaid, unless he has attended school as afore- said, at least six months during the year preceding, or has at- tended the school of the district in which he dwelt the whole time it was kept during the year. — id. s. 12. 13. Penalty. The owner, agent or superintendent of any manufacturing establishment who shall employ such child without requiring a certificate, signed by the teacher of such school or prudential committee of the district in which it was kept, that such child has attended school as aforesaid, shall be -fined fifty dollars. — id. s. 13. 14. The school committeb; of every town in which any- manufacturing corporation is located have power to enforce the - foregoing sections (11 to 13), and all necessary expense aris- ing from prosecutions instituted by them for this purpose will be audited and paid for out of the town treasury. — Act of Juh' 7, 1869. 15. Adults. When a person over twenty-one attends as a scholar the master has the same authority over him as over others. — 27 Maine, 266. 16. The use of force. The power of expulsion vested in the school committee does not take from the master the right to use force, if necessary, to maintain his authority, and he may call upon others to assist him. — 27 Maine, 266, 279. See ante, p. 43, s. 8 (a), p. 45, s. 12 (c). Punishments inflicted must not be excessive. — id. ; 32 Vt. 114. 17. Compulsory attendance of children between the ages of eight and eighteen is enacted by chapter two of the tody, < SCHOLARS. 55 Laws of 1871, amended by chapter fifty-eight of the Laws of 1S74, which maybe found below (r). Without attempting to decide what the law now is, as to notices, the author re- spectfully calls attention to the necessity of some intelligible •law upon the subject. (1) Section 1. Every parent, guardian, master, or olUer person having the cus- _ dy, control, or cliai-ge of any cnilU between the age of eiglit and fourteen years, residing in any Bcliool district in which a public school is annually taught for the period of twelve weeks or more within two miles by the nearest traveler! road from Ills residence, shall cause such child to attend such public school tor twelve weeks at least in every year from and after the first day of September next, six weeks at least of which attendance shall be consecutive, unless such child shall be excused from such attendance by tlie school committee of the town, or the board of educa- tion or the superintending school committee of such district, upon its being shown to tlieir satisfaction that the physic-al or mental condition of such child was such as to prevent liis attendance at school for the period required, or that such child was instructed in a private school or at home for at4east twelve weeks during such year in the brandies of education required to be taught in the public schools, or, having acquired those branches, in other more advanced studies. Sect. 2. The school committee of every town and the board of education or su- perintending committee of every district shall cause to be posted in three of the most public places in each school district under their supervision, or to be pub- lished in some newspaper printed in town three weeks successively, in the month of August annually, a notice of the provisions of this act, particularly calling the at- tention of parents, ;;uardians, masters and others thereto. The necessary expense of posting such notice or making such publication shall be paid by the town or dis- trict whose committee incurs the same. Sect, 3. Any parent, guardian, master, or other person violating the provisions of the first section of this act shall torfeit and pay the sum of ten dollars for the first offence and the sum of twenty dollars for the second and every subsequent offence, to be recovered in an action of debt in thename of thedisti-ict within whose limits the penalty was incurred, by the school committee, board of education, or superintend- ing school committee, havinf; the supervision of the schools in such district, in any court of competent jurisdiction. All penalties recovered shall be paid to the dis- ti'ict and added to the school money thereof. Sect. i. School committees, boards of education, and superintending school com- mittees respectively shall sue I'or all penalties incurred under the provisions of the preceding sections ; and any school committee, board of education, or superintend- mg school committee, upon whom a written notice has been served by any tax- payer, stating by whom, when, and how any such penalty has been incurred, who shall neglect for ten days after the service of such notice upon them to institute a suit for the recovery thereof, unless such penaltv shall sooner be paid without a suit, or unless upon investigation during that time, tliey shall be satisfied that no penalty has actually been incurred, shall forfeit and pay the sum of twenty dollars for each neglect, to oe recovered by the selectmen of the town or the mayor and aldeimen of the city in an action of debt, in the name of the town or city, in any court 01 compe- tent jurisdiction; such penalty, when recovered, to be paid to the district in which the original penalty was incurred, and added to the school money tliereof. Sect. 6. This act shall take effect upon its passage. [Approved July U, 1871.] Section 1. Section two of chapter two of the pamphlet laws of 1871 shall be so amended as to read as follows: "The school committee of every town, and the board of education or superintending committee of every district, shall supply the prudential committee of every district with the notices pTOvided, by this act, and it sliall be the duty of said prudential committee to post and keep posted such notices, not exceeding three, in the most public places in such district, and the necessary ex- pense of procuring such notices shall be paid by the town or district whose com. mittee incur the sdme." Sect. a. This act shall take effect from its passage. [Approved July 7, 1871.] 18. Census. The selectmen of each town, and the assess- ors of each city, shall annually, in the month of April, make an enumeration of the children of each sex between the ages of four and seventeen, in their respective towns and cities, and shall make a report of such enumeration to the superintending 56 NORMAL SCHOOL. school committee of their respective towns and cities within fifteen days after the completion of such enumeration. — Laws of 1874, c. 52. 19. Committee to report. The superintending school committee shall, in their annual report, state the number of children so reported by the selectmen or assessors, and the number of children of each sex between the ages of five and fifteen that have not attended school. — id. s. 2. CHAPTER VIII. NOKMAL SCHOOL ASD SUPERINTENDENT OF PUBLIC INSTRUCTION. Admission to the school, ss. 7, 8. Requisites for, ss. 7, 8. Annual report of the school, s. 8. Of school committee, ss. 13, 14. Of superintendent, ss. 12, 15. Appointment of an educator, s. 4- Of superintendent, s. 11. Of teachers for the school, s. 3. Of trustees of school, s. i. Board of trustees, ss. i, 2. Certificate of graduation, ss. 6,7- Course of study, ss. 4, 5, 9. Time required, s. 9. Examination of candidates, ss. 6,7. Expenses of school trustees, s. 2. Meetings of trustees, s. 10. School committee, ss. 13, 14. Superintendent and his duties, ss. 4, 11-15. Reports to, ss. 13, 14. Reports bj, ss. 12, 15. Salary of, s. 16. Te.\chers for the school, s. 3. 1 . Board of trustees. The State Normal School as now existing is under the general management of a board of trus- tees, consisting of the governor and superintendent of public instruction and fifteen trustees appointed by the governor, with advice and consent of the council. Of the fifteen, one is ap- pointed at large, two from each congressional district, and the others in such manner that each county has one and not more than two trustees in the board. Each is commissioned for two years from the date of his commission. — Laws of 1S70, c. 6, ss. I, 2; Laws of 1872, s. I. 2. Compensation. The original act provided that the trustees should receive no compensation for their services ex- SUPERINTENDENT OF PUBLIC INSTRUCTION. 57 cent their necessary expenses, not to exceed three hundred dollars a year, and that the school should, otherwise than this, be established and maintained without expense to the state. CD There was appropriated SSOOO in 1871, $8000 in 187-2, $3000 in 1873, and $r)000 in 1874, for buildings, &c., appaiatus and the pay of teacliers. 3. Appointment of teachers. It is made the duty of the trustees to select and employ a principal teacher, who shall be allowed, with the advice and consent of the trustees, to select and employ his own assistants, and provide for the discipline of the school. ^ — ^Laws of 1870, c. 6, s. 5. 4. Course of study. The law requires the board of edu- cation, at each of its annual meetings, to appoint one prom- inent educator in the state, whose duty it shall be, in connec- tion with the superintendent of public instruction and the principal of the normal school, to arrange two courses of study for the school. 5. What to INCLUDE. "One course of study shall include all branches required by law to be taught in the common schools of New Hampshire, and shall require for its comple- tion at least one school year ; the other course shall include all the branches contained in the first course, and higher (i) branches, and shall require for its completion at least two school years. The certificate of graduation shall be granted to all who pass the required examination in the first course, or in both courses." — Laws of 1871. c. 6, s. 6. (It This is perhaps somewhat modified by s. 5 of c. f) of the Laws of 1873, which is as follows: ** The work of instruction in the normal school shall be confined to such branches of sixidy as are really needful to prepare the pupilrs for teaching in the public schools of the state, and shall not be extended beyond the course ol study usually pursued in other wfeU established and well managed normal schools." 6. Certificates of graduation from the lower course have the effect of licenses to teach in the common schools in the state for three years from the date thereof; and certifi- cates of graduation from the higher course the effect of license to teach in such schools for five years from the date thereof; but they may be revoked " for cause shown." A certificate of graduation " shall be granted to all who pass the required examination in the first course, or in the second course." — Laws of 1870, c. 6, ss. 6, 7. 7. Examinations for admission to the school and for grad- 58 NORMAL SCHOOL AND uation are under the control of the persons whose duty it is to prescribe the course of study. — id. s. 6 ; s. 4, ante. 8. Annual ueport. The board of education shall, in their annual report, state the condition of the school, the terms of admission and graduation, and the time of the commencement of sessions ; and shall cause to be printed on the cover of the school register a statement of the terms of admission and graduation, and the time of commencing sessions. — id. s. 8. 9. Time required. The school shall be in session for the special purpose of drilling common school teachers, at least twenty weeks during each year. — id. s. 9. 10. Meeting of trustees. There shall be held at least one meeting of said trustees in each year, when it shall be the duty of all to be present ; at which, or at some meeting attended by at least ten of the trustees, they shall appoint committees of their board to have the oversight of the several departments of their work ; and such committees shall be held specially responsible therefor. — Laws of 1872, c. 8, s. 5- ri. Superintendent of public instruction. The gov- ernor and council shall appoint a superintendent of public instruction, who shall hold his office for the term of two years, and shall have general supervision and control of the educational interests of the state. — Laws of 1874, c. 43, s. i. 13. His duties. The superintendent of public instruction shall prescribe the form of register to be kept in the schools, and the form of blanks and inquiries for the return to be made by the school committee, and seasonably send the same to the clerks of the several towns and cities for the use of the several school committees therein ; and shall receive, preserve or dis- tribute all state documents in regard to public schools or edu- cation, and receive and arrange in his office reports and re- turns of school committees ; shall investigate the condition and efficiency of the sj'Stcm of popular education in this state; shall pursue such a course for the purpose of awakening and guiding public sentiment in relation to the practical interest of education as may seem to him best and the nature of the duties of the office will permit ; and shall annually, on or be- fore the third Wednesday in June, laj' before the general SUPERINTENDENT OF PUBLIC INSTRUCTION. 59 court a printed report, containing such a concise abstract of the returns of the school committee as he may deem useful, a detailed report of his own doings and the condition and prog- ress of popular education i;i the state, and such suggestions and recommendations in regard to improving the same as his information and judgment may dictate ; and shall discharge such other duties as may be assigned him by law. — id. s. 3. 13. Reports to be made to him. The school committee of each town shall, before the first Wednesday of April, an- nually transmit to the superintendent of public instruction a copy of the report by them presented to the town at its annual meeting, and answers, according to forms provided, to all such questions as may be proposed by said superintendent of public instruction, relating to the appropriations of school money received, the studies pursued in the schools, the meth- ods of instruction and discipline adopted, the condition of school-houses, and any other subject relating to schools. — id. s. 3. 14. Penalty for neglect. The school committee of any town who shall neglect to make the return aforesaid, agreea- bly to the preceding section, shall be fined not exceeding fifty dollars. — id. s. 4. 15. His report to be distributed. The superintendent of public instruction shall procure, under authority of the sec- retary of state, and at the expense of the state, four hundred copies of the report to be printed, and lay them before the general court, to be disposed of at their discretion, one hun- dred copies for the purpose of exchange with other states and for distribution among the friends of education, and one ad- ditional copy for each town, ward, and incorpoi'ated place having ten legal voters. — id. s. 5. 16. His salary and expenses. The superintendent of public instruction shall receive an annual salary of twelve hundred dollars in full for all the duties required by this act, and such additional sum for postage, stationery, and office ex- penses as the governor and council may deem reasonable ; and shall occupy as an ofHce such portion of the state-house as the governor and council may deem expedient. — id. s. 6. INDEX Abatement of tax, p. 40, s. 13 Abolishing districts, p. 8 (e) Re-establishing, p. 8, s. i (f) Academy, contract witli, p. 51 Acting officer, p. 26, s. 14 (i) Adjoining districts, p. 7 Adjoining towns, pp. 10-15 Adjournments, p. 18, s. 28 (a), p. 28, s. 22 (2), p. 29 (f) Adult scholars, p. 54, s. 15 Agents, choice of, p. 18, s. 26 (a) Personal liability, p. 18, s. 27 (a) Amending records, p. 28, s. 22 (1) Annual meeting, pp. 21-24 Annual report to town, p. 47 To superintendent, p. 59 Apparatus and furniture, p. 29 (e), P- 33. s. I, P- 8 (e), p. 12 (a) Appointing clerk, p. 22, s. 5 (i), P- 30, s. 34 Prudential committee, pp. 30, 31 Apportioning debts, etc., p. 16, s. 21 Forms of, pp. 11, 12, ss. 10 (a), 12 (a) Apportioning school money, p. 4 Assessment for schools, p. 3 For school-house, p. 40 Attendance, place of, p. 52. Authority of teachers, pp. 45-6 (c) (d), p. 54. ss. 15, 16 Ballot, when to be used, p. 27, s. 19 Betterments, p. 38, s. 9 (b) Bible in schools, p. 46 (g) Board of teachers, p. 31, 5. 27, and notes Books — see Text-books Branches required, p. 43, s. 6 Permitted, p. 43, s. 7 In high schools, p. 50, s. 8 In normal school, p. 57 Breaking open school-house, p. 42 (a) Building committee, p. 39, s. 12 Building school-house, p. 33 By selectmen, p. 38, s. 11 For high school, p. 51, s. 12 By-laws of towns, p. 42, s. 2, p. S3, s. 6 Calling meeting to order, p. 28 (i), s. 22 Calling annual meeting, pp. 21- 24 Census of children, pp. 55, 56 Certificate of graduation, p. 57 Of moral character, p. 42, s. 4 Of posting warrant, p. 23, s. 7 Of qualifications, pp, 42, 43 Of return of register, p. 47, s.19 Of votes to raise money, p. 28 What is the effect of, p. 19, s. 31, p. 47, s. 18 (a) Change of district lines, pp. 9-18 Of officers, p. 21 Of teachers, p. 41 Check-list, use of, pp. 26, 27, ss. 16, 17 Clerk of district — see District clerk Collector of taxes, p. 4, s. 6 (i) Colored children, p. 46 (e) Compositions, p. 46 (d) Compulsory attendance, p. 54 County commissioners may en- large lot, p. 38, s. 10 (i) May locate, when, pp. 35, 36 May locate high school, p. 51 (i) Corporate powers of districts, p. 18, s. 26, p. 20, s. 37 Debts contracted, p. 18, ss. 26, 27 Apportioned, pp. 11, 12, 16, ss. 10, 12, 21 De facto districts, p. 9, s. 3, p. 20, s- 37 Dismissing teachers, pp. 43, 44 Prudential committee, p. 31 District clerk, choice of, p. 27, s. 19 Appointment of, p. 30, ss. 24- 26 62 INDEX. District clerk, general duties, pp. 28, 29 Liability of, p. 19, s. 31 Pro tempore^ p. 28, s. 21 To certify votes, p. 19, ss. 30,31 When moderator, p. 27, s. 21 District meetings, p. 21 Districts, de facto, p. 9, s. 3 (a), p. 20, s. 37 Disturbing sciiool, p. 52, s. 3 Division of district, p. 7 By metes and bounds, p. 8 (b) Record of, p. 8, s. i, p. 9, s. 5, P- 13 (c) Votes tor, p. 8 (d), pp. 9, 10, ss. 6-8 Educator for normal school, p. 57: s. 4 Estoppef,, and presumptions, p. 21 (a) Examination of teachers, pp. 42, 43, ss. 2-7, p. 57, ss. 6, 7 Of schools, p. 47, ss. 20, 21 Existing districts continued, p. 9. =• 3. P- 17. s. 25, p. 20, s. 37 Expelling scholars, p. 53, ss. 5- 10 Factory children, p. 54, ss. 11-14 Females eligible to office, p. 27, s. 19 (I) Fences on school lot, p. 36 (a) Five per cent, for repairs, p. 31 (c) Flogging, p. 54, s. 16 Furniture and apparatus, p. 33, s. I, p. 8 (e), p. 12 (a), p. 29 (e) Going and returning, p. 45 (c) Governing capacity, p. 43 (i) Guardian and ward, p. 4, s. 5 Hall in school-house, p. 33 (a) High schools, pp. 49-52 Hiring money, p. 18, ss. 27, 28 Holding over, p. 30, s. 25 (i) Illegal meetings, p. 21 (a), p. 26, s. 14 (i) Illegal tax, p. 40, and notes Illegal voting, penalty for, p. 27, s. 18 Illiterate persons, p. 48 (i) Incompatiule offices, p. 31 (d) Injunctions, p. 43, s. 8 (a) Insurance, p. 18, s. 29 Invoice for taxes, p. 40 Justice to call meeting, pp. 22-26 Land for school house, pp. 36-39 Laying out, effect of, p. 38, s. 9 Legality presumed, pp. 17, 20, ss. 25, 37 Legalizing meetings, p. 26, s. 14 Legislation called for, p. 30, s. 25 (i). P- 48 (i), P- SS< s. 17 Literary fund, pp. 5, 6 Lines of districts changed, pp. 8-20 Location of high schools, p. 51 Location of school-houses By district, p. 33, s. 2 By district committee, p. 34, s. 3 By county commissioners, p. 35, s. 6 By school committee, pp. 34, 35 Lien upon school money, p. 31 (c) ■ Meetings legalized, p. 26, s. 14 Meetings and officers of school districts, pp. 21-32 Ministry, support of, p. 18, s. 26 (c) Moderator, choice of, p. 27, s. 19 Authority of, p. 27, s. 20 Cleric moderator, p. 27, s. 21 May administer oath, p. 27, s. 20 Pro tempore, p. 27, s. 21 To be sworn, p. 27, s. 19 Money, votes for, p. 5, s. 8, p. 28, s. 22, p. 29 (e), p. 33 (1) New assessment, p. 40 (c) New disti-icts in same town, pp. 15-18 In adjoining towns, pp. 10-15 New invoice, p. 40, s. 14 Notice for meetings, pp. 21-23 Of close of school, p. 31, s. 27 Non-resident taxes, p. 40, s. 15 Normal school, p. 56 Oath of office, p. 27, s. 20 (2) Occasional repairs, p. 31, s. 27 If unauthorized, p. 31, s. 27 (c) Officer cle facto, p. 26, s. 14 (i) Order of notice, form of, p. 11, s. II Organization presumed, p. 17, s. 25 Out-buildings, p. 33, s. i Over-estimate, p. 39, s. 11 (c) Parents to provide books, p. 46, s. i6 Pauper children, p. 52 (i) Penalties upon scholars, p. 52, s- 3. P- S3, ss. s, 8 Upon committee, p. 4, s. 7 63 Penalties upon corporations, p. 54, ss. 13, 14 Upon school committee, p. 59, s. 14 Upon selectmen, p. 4, s. 6 Upon illegal voting, p. 27, s. 18 . Upon towns and agents, p. 5, s. 12 Upon truants, p. 53, ss. 6-10, p. 55, t>. 17, and notes Posting warrant, pp. 22, 23 PoyvER.s of district, p. 9, s. 3, p. 18, ss. 26, 27 Presumptions and estoppel, p. 21 (a) Private schools, p. 33 (b) Property apportioned, pp. 16, 17 Form of doing it, pp. 11, 12 Prudential committee, p. 27, s. 19 Acting officer, p. 26 (i) Appointment, p. 30, ss. 24-26 ■Controls house, p. 42 (a) Control of money, p. 4, s. 4 General duties, p. 31, s. 27, and notes May be dismissed, p. 31, s. 28 Misapplying money, p. 4, s. 7 Perverting trust, p. 31 (d) Who may serve, p. 27 (i) Public place, what is, p. 21, s. 2 (1) Railroad money, p. 6, s. 15 Ratifying proceedings, p. 21 (a) When by vote only, p. 39, s. 12 Reading the Bible, p. 46 (g) Reconsidering votes, p. 18, s. 28 (a) Record of proceedings By district clerk, pp. 28-30, p. 32(f) By town clerk, p. 8, s. i, p. 9, s. 5, p. 13 (c), p. 32 (d) Re-establishing districts, p. 8 (f) Re-establishing lines, p. 8 (b) Reporm school, p. 53, SB. 8-10 Registers required, pp. 46, 47 Certificate of return, p. 47, s. 19 Effect of certificate, p. 47, s. 18 Trespass for register, p. 47 (a) Reinstating scholars, p. 53, s. 5 Reinstating teachers, p.-42 (a) Religious exercises, p. 46 (g) Removal from district, p. 40, s. 14(a) . Replevin for records, p. 28, s. 22 (I) Reports to town, p. 47 To superintendent, p. 59 Rules and regulations, pp. 44-46 Scholars, pp. 52-56 Census of, pp. 55, 56 Division of, p. 19, ss. 33, 34 From out the district, p. 19, s. 32, p. 45 (a), p. 52, s. I School committee Appointment, pp. 41, 42 Choice of by town, p. 41, s. I Compensation of, p. 48, s. 23 General duties of, pp. 41-48 Reports by, pp. 47, 59 School districts, pp. 7-21 School registers, pp. 46, 47 School-houses, p. 18, ss. 26-29, PP- 33-41 For high schools, p. 49, s. i, p. 51, s. 12 For union districts, pp. 9-19 For union schools, pp. 19, 20 School-house tax, p. 40 School meetings, pp. 21-32 School money Amount required, p. 3, s. I Districts may raise more, p. 5, s. 8 Towns may raise more, p. 4, s. 2 To whom paid, p. 4, s. 4 To what uses, p. 4, s. 4 (2), p. 5, ss. II, 12 School teachers Authority of, p. 43, s. 8 (a), p. 45 (=)> P- 46 (d), p. 54, ss. IS, 16 Certificates to, p. 42, ss. 4, 5, p. 47. s. 19, p. 57, ss. 6, 7 May be dismissed, p. 43, ss. 9- II Must return register, p. 47, s. 18 (a) Qualifications of, p. 42, ss. 4, 5, p. 43, ss. 6, 7, p. 57, ss. 6,7 Suit by, for wages, p. 43, s. 8 (a), p. 47, s. 18 (a) When not liable to parent, p. 43. s- 36 (a) Seal upon warrant, p. 23 (3) Second college grant, p. 5, s. 13 Sectarianism, p. 46 (g), s. 15 Selectmen, duties of To apportion money, p. 4, s. 4 To apportion debts, etc., p. 16, S. 21 64 INDEX. Selectmen to as.sess taxes, p. 3, s. I, p. i8, ss. 28-31, p. 38, s. II, p. 40, ss. 13-15 To build school-houses, p. 38, s. II To dismiss committee, p. 31, s. 28 To fill vacancies, p. 30, ss. 24-26 To form districts, p. 9, 5. 5, p. 10, s. 9, p. 14, s. 18 To take land, pp. 36-40 Smai.l-pox, p. 53, s. 4 Special meetings, p. 22, ss. 3, 4, pp. 24-26 State lands, p. 6, s. 14 State superintendent, p. 56 Stay of proceedings, p. 36, s. 7 Sub-committees, p. 47, s. 21 Superintendent of schools, p. 48 Of public instruction, p. 56 Suits against district, p. 18, ». 26, and notes By committee, p. 31, ». 27 (c), p. 39, s. 12 (a) Bj an inhabitant, p. 18 (e) For teachers' wages, p. 31, s. 27 (a) Ratification of suits, p. 18, s. 2.? (0 Suits for teachers' wages, p. 31 (a), p. 43. »• 8 (a), p. 47, s. 18 (a) Sweeping school-house, p. 45 (b) Tax for school-house, p. 18, s. 28, PP- 33-41 For insurance, p. 18, s. 29 Upon apportioning, p. 16, s. 22 Upon union districts, p. 14, s. 17, p. 17, s. 24, p. 20, ss. 36, 37 Upon whom assessed, p. 17, s. 24, p. 40, ss. 13, 14, 15 Teacher — see School teachers Temporary residence, p. 19 (i) Tender of damages, p. 38, s. 9 By an inhabitant, p. 18, s. 26 (e) By selectmen, p. 38, s. 9 (a) Text-books, p. 46, ss. 13-16 Text-books, by whom provideL , p. 46, s. 16 Not to be sectarian, p. 46, s. 15 Time, computation of, p. 22 (2) Towns may divide into districts, p. 8 May abolish, p. 8, s. i (e) May reinstate, when, p. 8 (f) May choose school committee, p. 41, s. I May choose superintendent, p. 48 May provide high schools, p. 49, s. 2 May raise more money, p. 3, s. 2 Penalties upon, p. 5, s. I2 Truant laws by, p. 53, ss. 6-10 When one district, p. 9, s. 2 Trees upon school lot, p. 36 (a) Trespass for school register, p. 47 (a) Truant laws, pp. 53-56 Trust property, p. i8, s. 26 (e) Trustees of normal school, p. 56 Unincorporated places, p. 5, ss. 10, 12 Union districts, pp. 9-17, p. 33 (c) Houses and schools, pp. 19, 20 Vacancies, p. 30, ss. 24-26 Vacations, p. 46 (f ) Vaccination, p. 53, s. 4 Visiting schools, p. 47, ss. 20, 21 Voters, who are, pp. 26, 27, ss. 15. 18 Votes, how proved, p. i8, s. 26 (d) Ward, school money of, p. 4, s. 5 Wages of teacher, p. 31, s. 27 Suit for, p. 31 (a), p. 43, s. 8 (a), p. 47, ss. 18, 19 Warrant, form of, p. 23 By justice, p. 24, s. 9, p. 25, ». 11, p. 26, s. 13 Posting and return, p. 21, s. 2, and notes, p. 22, s. 5 Wentworth's location, p. 5, s. 13 Women eligible to ofl5ce,p. 27 (i)