The Commissioners of Common Schools of the town of Lawrence against the Commissioners of Common Schools of the town of Hopkinton.

If a town is divided, and a new town erected, the latter is entitled to an equitable share of the school moneys apportioned to the former, unless the law shall have otherwise provided in the particular case.

On the 21st day of April, 1828, an act was passed dividing the town of Hopkinton, and erecting the town of Lawrence, by setting off a portion of the former town. In the ensuing spring, the commissioners of common schools of the town of Hopkinton received the whole amount of school moneys apportioned to that town, and, upon the alleged ground that the agent of the petitioners for the new town had stipulated that it should, if erected, relinquish its claim to any portion of those moneys, the commissioners proceeded to distribute the whole amount so received among the districts in the town of Hopkinton, excluding from a participation in the distribution all the districts comprised within the territory set off to form the town of Lawrence. From this proceeding the commissioners of the latter town appealed.

By A. C. FLAGG, November 25, 1829. The districts within the town of Lawrence should have been included by the commissioners of Hopkinton in the distribution of the school moneys made by them. Whatever the petitioners for the new town, or their agent, may have stipulated with respect to a relinquishment of their portion of the school moneys, such stipulation has no force whatever, the law erecting the new town being silent on the subject. The inhabitants of the school districts in the territory set off have their equitable rights, which cannot be bartered away by an agent to procure the erection of a new town.

The inhabitants of school district No. in the town of Southampton against the Trustees of said district.

The public money can only be applied to the benefit of such schools as are established by trustees of school districts.

This was an appeal by certain inhabitants of school district No. in the town of Southampton from the decision of the trustees of said district, in refusing to allow any part of the public moneys to a school set up by said inhabitants without the authority of the trustees. The alleged cause for establishing the school was that the school-house was not sufficiently capacious for the accommodation of all the children residing in the district. By A. C. FLAGG, December 14, 1829. The public money can only be apportioned and paid to such schools as are establish

ed by the trustees, and are under their direction. If the district school-house is too small, then the inhabitants by a vote must tax themselves to enlarge it, or to hire additional rooms, so as to accommodate all who wish to attend the district school. When this is done, the trustees are bound to furnish tuition for all at the same rate, and to give all an equal share of the school money. But it must be managed by the trustees of the district, and be in effect one school. If a portion of the inhabitants of the district set up an independent school, the statute does not allow them any share of the fund. The control of the trustees over all the schools in the district must be maintained, or all system and subordination would be at an end.

The Trustees of school district No. 19 in the town of Pompey, ex parte.

Indigent persons may be exempted from the payment of school bills, whether there is public money to be applied to the term or not.

The trustees of school district No. 19 in the town of Pompey, at the close of a term of instruction, exempted several of the inhabitants of the district, on account of their indigent circumstances, from the payment of the teacher's wages. The public money having been expended, there was none remaining on hand to be applied to the term referred to. Objections having been made to the authority of the trustees to make exemptions in such cases, application was made to the Superintendent for his advice and direction.

By A. C. FLAGG, December 18, 1829. You can "exempt from the payment of teachers' wages such indigent persons within the district as you may think proper," and this whether you have public money in your hands to pay or not.

The intention of this provision of the law is, that children whose parents are unable to pay for their schooling shall be furnished with the means of a common school education, and if the persons are proper subjects of exemption, the fact that there is no public money to lighten the exaction upon them, rather increases than lessens the obligation to exempt them. If they could not pay the balance when half could be discharged by the public money, then they certainly could not pay the whole school bill where there is no relief from that source.

Dean W. Tyler, one of the Commissioners of Common Schools of the town of Mount-Morris, against his associates in office.

Appeals must be made by persons aggrieved.

This was an appeal by one of the commissioners of common schools of the town of Mount-Morris from the decision of his associate commissioners, with whom he differed in opinion with respect to a question submitted to them by one of the school districts within their jurisdiction.

By A. C. FLAGG, December 26, 1829. It appears by the statement of facts submitted in this case, that the appellant was one of three commissioners of common schools who were called upon to decide a question in regard to the school-house in district No. 6, and that he differed in opinion with the other two commissioners as to the decision made, and that he now appeals from the decision of his colleagues. It does not appear that he is an inhabitant of district No. 6, or that he is affected by the decision made. The appeal must be made by a person aggrieved, before the Superintendent can take cognizance of it, and a mere difference of opinion among the commissioners is not a ground of grievance to any one of them.

(ANONYMOUS.)

A school month is twenty-six days, exclusive of Sundays.
A quarter of a year is ninety-one days.*

By A. C. FLAGG, January 20, 1830. The Revised Statutes, (vol. 1, p. 606,) provide, that whenever the term month is used in any contract, it shall mean a calendar and not a lunar month; and that ninety-one days shall be considered a quarter of a year. Twenty six days will, therefore, constitute a school month, being the average number of working days, after deducting Sundays. If the school is dismissed on the afternoon of Saturday, the teacher is not required to make up the time after the expiration of his month; and if he keeps the whole day, he does not gain time thereby, but must continue his school until the month is fully ended.

See decision of Feb. 11, 1833, by John A. Dix, for the number of days to be taught in a quarter.

The Commissioners of Common Schools of the town of Potsdam, ex parte.

Children attending an academy are to be numbered in the reports of the trustees of school districts, if their parents reside in the district in which the academy is situated; but not otherwise.

This was an application to the Superintendent of Common Schools for his direction in the following case. The St. Lawrence academy was included, within the limits of one of the school districts in the town of Potsdam, and among the children attending it were several, whose parents resided in the district, and others, whose parents were non-residents of the district, but who were boarded within it for the sole purpose of attending the academy. The question submitted was whether either or both of these classes of children should be enumerated and included by the trustees of the school district in their annual report.

By A. C. FLAGG, January 22, 1830. Section 92, sub. 4, makes it the duty of trustees, to include in their annual report, "the number of children residing in the district on the last day of December." Children attending an academy, whose parer.ts reside in the district, are to be included in the district report.-Scholars boarding in the district and attending the academy, whose parents or guardians reside out of the district, are not to be enumerated in the report of the trustees of the district. The residence of the parent is the residence of the child; and boarding the child in another district to get an education, does not change its residence.

The Trustees of school district No. 2 in the town of Concord, against A. B. an inhabitant of said district.

A taxable inhabitant of a school district may send to school any child actually living with him.

This was a case submitted for the decision of the Superintendent upon a statement of facts agreed to by the parties. A. B. a taxable inhabitant of school district No. 2 in the town of Concord, had residing with him a boy, whose father resided in anoth er district. The boy was not boarded with A. B. but was treated in all respects as one of his own family, and worked on his farm like his own children. The trustees, deeming the boy a temporary resident of the district, resolved to exclude him from the school; but by agreement, the case was referred to the Superintendent for his decision.

By A. C. FLAGG, January 27, 1830. The public money is to be apportioned among the children residing in the district.

A person who pays taxes and is a resident of your district, ought to be allowed to send to school any children actually living with him as members of his family.

The Trustees of school district No. 1 in the town of Milton, against John Kelly.

The Superintendent of Common Schools will not take cognizance of controversies in school districts, in respect to which the parties have commenced liti gation in the courts.

This was an appeal to the Superintendent for his interposition in a case, in which a suit had been brought, and was then pending, before one of the justices of the peace of the town, in which the controversy arose.

By A. C. FLAGG, January 27, 1830. The Superintendent has no control over the proceedings of justices of the peace. If the trustees or inhabitants of a district commence litigation in the courts, in relation to school affairs, they must follow the ordinary channel of the courts, as prescribed for all other cases.

The Trustees of school district No. 8 in the town of Hounsfield, against the Commissioners of Common Schools of said town.

If trustees consent verbally to an alteration in their school district, the proceedings will not be set aside for want of a written assent.

In this case, the commissioners of common schools in the town of Hounsfield, divided school district No. 8 in said town and formed a new district. The trustees of school district No. 8 were present, and made no objection to the alteration. An appeal was afterwards presented to the Superintendent upon the sole ground that the commissioners should have procured the written consent of the trustees before making the alteration.

By A. C. FLAGG, January 30, 1830. The verbal consent of trustees to an alteration of their school district is sufficient.If they are present when the commissioners make the alteration and do not object, they must be considered as consenting to it, and the proceedings will not be disturbed.

The Inspectors of common schools of the town of Monroe, ex parte.

A teacher should not be questioned by the inspectors as to his religious opinions: but a person who openly derides all religion should not be employed as a teacher.

This was an application to the Superintendent from the inspectors of common schools, of the town of Monroe, for instruc