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$ 31. The commissioners neglecting to make such report within ART. 3. the limited period, shall forfeit severally, to their town, for the use of fo the common schools therein, the sum of ten dollars; and the share of money may school monies apportioned to such town for the ensuing year, may, in the discretion of the superintendent of common schools, be withheld, and be distributed among the other towns in the same county, from which the necessary reports shall have been received. 42
$32. When the share of school monies apportioned to a town, And commis shall thus be lost to the town, by the neglect of its commissioners, the for amount. commissioners guilty of such neglect, shall forfeit to their town the full amount, with interest, of the monies so lost; and for the payment of such forfeiture they shall be jointly and severally liable.
$ 33. It shall be the duty of the supervisor of the town, upon no- Supervisor tice of such loss, from the superintendent of common schools or coun-&c. ty treasurer, to prosecute without delay, in the name of the town, for such forfeiture, and the monies recovered, shall be distributed and paid by such supervisor to the several districts, parts of districts, or separate neighborhoods of the town, in the same manner as it would have been the duty of the commissioners to have distributed and paid them, if received from the county treasurer.
S 34. The commissioners in each town, shall keep a just and true Commissionaccount of all school monies received and expended by them, during account the year for which they shall have been chosen, and shall lay the same before the board of auditors of the accounts of other town officers, at the annual meeting of such board in the same year.43
$ 35. The commissioners of common schools in each town, shall, and render within fifteen days after the termination of their respective offices, render to their successors in office, a just and true account, in writing, of all school monies by them respectively received, before the time of rendering such account, and of the manner in which the same shall bave been appropriated and expended by them; and the account so rendered shall be delivered by such successors in office to the town clerk, to be filed and recorded in his office.43
S 36. If, on rendering such account, any balance shall be found and pay remaining in the hands of the commissioners, or any of them, the same shall immediately be paid by him or them, to his or their suceessors in office, or some one of them. 43
S 37. If such balance, or any part thereof, shall have been appropri- [[ appropriated by the commissioners to any particular school district, part of a paid accorddistrict, or separate neighborhood, and shall remain in their hands ingly: for the use thereof, a statement of such appropriation, shall be made
ers to keep
ated, to be
TITLE : in the account so to be rendered, and the balance paid to such suc
cessors in otice, shall be paid over by them, according to such appropriation."
38. Every commissioner of common schools, who shall refuse or neglect to render such an account as is above required, or who shall refuse or neglect to pay orer to his successors in office, any balance so found in his hards, or to deliver a statement of the appropriation, if any there be, of such balance, shall for each otience, forfeit the sum
of one hundred dollars. Bromso S 39. It shall be the duty of such successors in office, to prosecute
without delav, in their name of office, for the recovery of such forfeiture, and to distribute and pay the monies recovered, in the same manner as other school monies received by them. 44
$ 40. Such successors in office may bring a suit in their name of office, for the recovery, with interest, of any unpaid balance of school monies, that shall appear to have been in the hands of any previous commissioner on leaving his office, either by the accounts rendered by such commissioner, or by other sufficient proof.44
S 41. In case of the death of such commissioner, such suit may be brought against his representatives, and all monies recovered shall be applied in the same manner as if they had been paid over without
suit.44 Corporation. S 42. The commissioners of common schools in each town, shall
have the powers and privileges of a corporation, so far as to enable them to take and hold any property transferred to them for the use of
common schools in such town.45 Clerk of com- S 43. The town clerk, by right of office, shall be the clerk of the
commissioners of common schools in each town, and it shall be bis duty,
1. To receive and keep all reports made to the commissioners from the trustees of school districts, and all the books and papers belonging to the commissioners, and to file them in his office :
2. To attend all meetings of the commissioners, and to prepare, usder their direction, all their reports, estimates and apportionments of school money, and to record the same and their other proceedings, in a book to be kept for that purpose :
3. To receive all such communications as may be directed to him by the superintendent of common schools, and to dispose of the same in the manner directed therein :
4. To transmit to the clerk of the county, all such reports as may be made for such clerk, by the commissioners :
missioners; his duty.
(41) Laws of 1919, p. 196, § 17. (45) Ib. 5 14.
5. To call together the commissioners, upon receiving notice from the county clerk that they have not made their annual report, for the purpose of making such report :
And generally, to do and execute all such things as belong to his office, and may be required of him by the commissioners. 46
as to teach
Of the Inspectors of Common Schools..
45. To examine persons offering themselves as teachers.
54. Each inspector may have assigned to him certain districts. $44. The commissioners of common schools in each town, together who inspecwith the other inspectors elected in their town, shall be the inspectors tors. of common schools for their town.47
S 45. It shall be the duty of the inspectors of common schools in their duty, each town, or any three of them, at a meeting of the inspectors called or for that purpose, to examine all persons offering themselves, as candidates for teaching common schools in such town.46
$ 46. In making such examination, it shall be the duty of the in- Ib. spectors to ascertain the qualifications of the candidate, in respect to moral character, learning and ability. 48
$ 47. If the inspectors shall be satisfied in respect to the qualifica- lb.. tions of the candidate, they shall deliver to the person so examined, a certificate signed by them, in such form as shall be prescribed by the superintendent of common schools.48
S 48. The inspectors, or any three of them, may annul any such ib. certificate given by them or their predecessors in office, when they shall think proper, giving at least ten days previous notice in writing to the teacher holding it, and to the trustees of the district in which he may be employed, of their intention to annul the same.48
S 49. The inspectors, whenever they shall deem it necessary, may Ib. require a re-examination of all or any of the teachers in their towns, for the purpose of ascertaining their qualifications to continue as such teachers. 48
$ 50. The annulling of a certificate shall not disqualify the teacher ib. to whom it was given, until a note in writing thereof, containing the
(46) Laws of 1819, p. 191, § 11 & 34. (47) Ib. p. 190, 99. (43) Ib. § 18.
TITLE 2 Darre of the teacher, and the time when his certificate was annulled,
shall be made by the inspectors, and filed in the office of the clerk of their town.“
351. Where any school district stall be composed of a part of two or more towns, or any school-borse shall stand on the division line of any two towns, the inspectors of either town may examine into and certify the qualifications of any teacher, offering to teach in such district, in the same manner as is provided by the preceding sections of this Article; and may also in the same manner annul the certificate of
such teacher.se et 52. It shall be the duty of the inspectors to visit all such comtagsekoele mon schools, within their town as shall be organized according to law,
at least once a year, and oftener if they shall deem it necessary."
$ 53. At such visitation, the inspectors shall examine into the state and condition of such schools, both as respects the progress of the scholars in learning, and the good order of the schools; and may give their advice and direction to the trustees and teachers of such schools, as to the government thereof, and the course of studies to be pursued therein.51
S 54. Each of the inspectors, by agreement with, or direction ol, the other inspectors, may be assigned to a certain number of school districts, which it shall be his special duty to visit and inspect. si
and Powers of their Officers. SEC. 55. Duty of commissioners when district formed; notice to be given.
56. Manner of serving notice. 57. In certain cases, notice to be renewed. 58. For not serving notice, forfeiture $5. 59. When meeting called, duty of inbabitants to assemble. 60. Qualifications of voters; fine for voting without right. 61. Powers of meeting. 62. Annual meeting, how and when to be appointed. 63. Who to call special meetings : want of notice ; effect of. 64. Limitation of amount of tax to be voted at meeting, for hiring, &c. school-house. 65. Special meeting when called, to alter a district formed from several towns. 66. When site of school-house shall not be changed, or building removed. 67. In dividing districts, proportion due new district to be ascertained. 68. Proportion how ascertained ; and deduction for debts of former district. 69. Amount of such proportion, how collected and applied. 70. Duration of office of district officers. 71. Vacancies in such offices, how filled. 72. Penalty for refusing to serve after appointment, and for beglecting without refusing 78. Persons chosen may resign, and in what manner. 74. Duty of clerk of district 75. Duty and powers of trustoes. 76. Among whom tax to be apportioned, and upon what to be assessed.
(49) Laws of 1819, p. 190, $ 18. (50) Laws of 1822, p. 288, 88. (51) Laws of 1814, P 198, 19.
Sec. 77. Persons owning lands occupied by agents, considered taxable inhabitants.
ART. 5. 78. Improved land unoccupied, liable to taxation, though owner reside out of district. 79 & 80. Valuations of taxable property, how ascertained, and when reduced. 81. Who exempted from taxation to build a school-house. 82. Trustees to assess district tax, and make list thereof. 83. When tenant may charge tax paid by him, to the owner of the land. 84. Where fuel for school is not provided by tax, who to furnish same. 55. Trustees to determine the proportion to be provided by each person. 86 & 87. If any person omit, trustees to furnish; how collected. 88. Collector's warrant, and his duty under it. 89. When trustees to renew warrant; and when to collect tax by suit. 90. Monies apportioned to a district if unpaid ; how to be recovered and applied: 91. Trustees of district to report ; when and to whom. 92. To whom report to be delivered, and what to specify. 93. Who to be deemed qualified teachers. 94. When a district is formed of two or more towns, trustees to whom to report. 95. Trustee of separate neighborhood, how chosen ; when and to whom to report. 96. Penalty on trustees for signing a false report. 9. Property vested in trustees, held by them as a corporation. 98 & 99. At expiration of office, trustees to account ; balance how paid. 100. Penalty for refusing, &c. to account. 101. Who to prosecute for same, and how applied. 102. Remedy for recovering balance from a former trustee ; who to sue for it. 103. Bonds, &c. taken by trustees, to be delivered to their successors. 104. Fees of collector of district. 105. To pay to trustees monies collected, and when. 106. When required by them, to give bond to trustees ; its conditions. 107. If he do not execute bond, office to be vacated. 108. If money lost by his neglect, what he shall forfeit. 109. Who to sue for such forfeiture, and for balances remaining in his hands. 110. From the decision of district meetings and trustees, appeal lies to commissioners. 111. From decision of commissioners, appeal lies to superintendent of common schools. $ 55. Whenever any school district shall be formed in any town Commission
ers to give by the commissioners of common schools, it shall be the duty of some notice." one or more of the commissioners, within twenty days thereafter, to prepare a notice, in writing, describing such district, and appointing a time and place for the first district meeting, and to deliver such notice to a taxable inhabitant of the district. 52 $ 56. It shall be the duty of such inhabitant to notify every other Notice for
first meeting inhabitant of the district, qualified to vote at district meetings, by reading the notice in the hearing of each such inhabitant, or in case of his absence from home, by leaving a copy thereof, or of so much thereof as relates to the time and place of such meeting, at the place of his abode, at least six days before the time of the meeting. 52 $ 57. In case such notice shall not be given, or the inhabitants of When to ba
enewed. a district shall refuse or neglect to assemble, or form a district meeting, when so notified; or in case any such district, having been formed and organized in pursuance of such notice, shall afterwards be dissolved, so that no competent authority shall exist therein, to call a special district meeting in the manner herein after provided ; such notice shall be renewed by the commissioners, and served in the manner above prescribed. 52
(52) Laws of 1819, p. 193, $ 13.