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common schools, urges their introduction into our district schools, as a great saving of time, and health, and money, although the first cost should be $50 for each scholar.

The writer quotes from a letter of Dr. Smith, in reference to the ordinary writing desks in our schools.

"To these wretched articles of common school furniture are

diversity of natural talent in regard to these, as in regard to reading, writing, and other branches of education; but they had never seen a child who was capable of learning to read and write, who could not he taught to sing well and draw neatly, and that too without taking any time which would at all interfere with, indeed which would not actually promote his

From "AMERICAN EDUCATION," by Rev. B. O. PEERS.

we to look, in some measure, for the cause of so many distor-progress in other studies."
tions of the bones, spinal diseases, chronic affections, now so
prevalent throughout the country. Symmetry of form may be
deranged, the vital organs imperfectly perform their functions,
and a train of maladies destructive to health, may all be refer-
red, in some instances, to the stiff bench, and the still worse
writing desk in the common class of school houses."

Again the same physician says,

"There is a radical defect in the seats of our school rooms. The seats should be more comfortable, and prevent the bones of the chest from being cramped down and binding the digestive organs.

"I most devoutly pray to God, that his warning voice, in the riots, mobs, and lynchings, which have grown so common in our land, may be duly heeded by the nation, and may rid us of that fatal self-complacency, which causes us to expect the perpetuity of our government on any other grounds than the general prevalence of something more than a merely nominal education. We appear as a people to have become so completely intoxicated with liberty, as to have forgotten that "it is a state of duty as well as privilege." In the licentions en"Very small children, in schools, become excessively weary, temperate commemoration of national independence, we are joyment of its rights, we overlook its obligations. In our inafter sitting a little time on stiff benches-are sleepy, and can totally forgetful, that to perpetuate its blessings will demand scarcely be kept awake. This is nature's mode of seeking re- of us quite as much of virtue and intelligence, as its achievelief from the pressure and gravity of the chest which is confi- ment cost our fathers, of their blood and treasure. ning both bones aud muscles. They should certainly be permitted either to have a recumbent posture, which is thus indica- and moral developement attained by the generality of our citi"The amount of information acquired, and the intellectual ted, or they should be kept but a very little time in one posi-zens in the common schools, are far below the demand of their tion. Mal-formation of the bones, narrow chests, coughs, ending in consumption and death in middle life, besides a mul political relations. The theory of our government calls for the titude of minor ills, have often had their origin in the school highest kind of intelligence among the people."

room."

VENTILATING AND LIGHTING SCHOOL-ROOMS. (From "Fireside Education, by the author of Peter Parley's Tales." 400 pages 12 mo. 1838.-P. 340.

In the construction of school-houses, several points ought to be carefully attended to. In the first place, the interior should be so arranged, as to facilitate the evolutions of the school, and place the pupils in postures to be easily reviewed by the teacher. It should also be of ample size, especially if we consider the danger to health from foul air. It is a well known fact, that death has recently occurred in some of our schools, from the impurity of the air. Will parents hear this, and never go to the school-room, and see whether the health, nay,

the lives of their children are safe?

"The subject of warming school-houses, is also one that demands great care and skill. The lighting of those edifices should be so managed as to spare the eyes of children. Dr. Reynolds remarks: How much talent lies dormant through the sensitiveness of the eye-sight, occasioned by inordinate and untimely use of the eyes! This last mentioned evil is increasing to a fearful amount among the young. Accurate enquiries have convinced me, that a large number of these individuals must go back to the school-room to find the source of their infirmities.'

"Dr. Howe says: 'There are some obvious dangers to which children are exposed in schools, which may be pointed out in a few words. You will often see a class of children reading or writing with the sun shining on their books, or writing in a dark afternon, with their backs to the window, and their bodies obstructing its little light; and if you tell the master he is perilling the eye-sight of his scholars, he thinks he gives you a complete discomfiture by saying, that he has kept school so for ten years, and never knew a boy to become blind. Nevertheless, it is a cause of evil, and so surely as it exists it will be followed by its effects.'"

THE PRACTICE OF MUSIC AND DRAWING IN SCHOOLS. (From Professor Stow's Report on the Prussian Schools, made to the

Legislature of Ohio in 1838.-A pamphlet.)

EDUCATION IS NOT CONFINED TO THE SCHOOL-HOUSE.
(From "Aids to Mental Development, or Hints to Parents, & By
a Lady of Philadelphia." 340 pages 12 mo.-P. 10.
"Education is not the limited object which it is generally
conceived to be; confined to the few years spent at school,
and the small portion of elementary knowledge acquired
there but it comprehends the dispositions that a child is per-
mitted to indulge, the habits that it forms, the examples which
it imitates, and the companions with whom it associates: a
truth that strikes home to the hearts of parents, and makes
much more serious demands upon their affections and self-de-
nial, than all the most costly schools would require; for it calls
upon them to begin first with the discipline of their own hearts
and tempers. It requires that they should first of all learn to
govern themselves. This is a truth that calls for so much,
and, in most instances, would demand so complete a revolu
tion of character, and the relinquishment of so many darling
habits and long nourished propensities, that few are willing to
acknowledge, even to themselves, its importance in the attain-
ment of the object which they profess to have more at heart
than any other in life."

THE PROTESTANT EPISCOPAL CHURCH AND
EDUCATION.

The triennial convention of the Protestant Episcopal Church in the United States, which recently met in Philadelphia, devoted an evening to the subject of education. Several excellent addresses were made-four of them by bishops; and a resolution was unanimously adopted, urging on their pastors and people, its great importance, and the duty of promoting it, arising out of its inseparable connection with the best interests of man in this world and the future. Another resolution provided for the appointment of a committee of three, to keep the subject before the minds of the people, and to report at the next convention, in 1841.

At the same time, the Rev. B. O. Peers, of Louisville, Kentucky, was appointed editor of the Episcopal Recorder, to assume its direction in December, when he will become a resident of the city of New York. This gentleman has been distinguished for several years, as one of the most intelligent, "The universal success also and beneficial results with active, and influential friends of education in the west. He which the arts of Drawing and Designing, Vocal and Instru- formerly held the office of President of Transylvania Universimental Music, have been introduced into schools, was another ty, and has been long engaged in instruction. His residence in fact peculiarly interesting to me. I asked all the teachers with New York will enable him to extend his influence, for the benwhom I conversed, whether they did not sometimes find chil-efit of our country. His views of education are sound and decidren actually incapable of learning to draw and to sing. I ded; and they will be found expressed in a valuable work he have had but one reply, and that was, that they found the same has just published, entitled "American Education."

WINDHAM COUNTY SCHOOL CONVENTION. Owing to some delay in getting out the October number of the Journal, we are enabled to present from the Windham County Gazette, the official account of the first Convention which has been held in the state, in pursuance of the vote of the Board.

After the address was concluded, the Committee appointed to bring forward business, reported the following resolutions, which were unanimously passed. Common Schools, and the course they are pursuing for carrying into Resolved, That the organization of the Board of Commissioners for effect the objects of their appointment, meet with the cordial approbation of this convention, and that, in our respective towns in this county, we will render them all the co-operation in our power, and invite our fellow citizens to do the same.

If the other counties take up the movement with the same spirit and unanimity that prevailed at that Convention, we shall realize in an abundant measure the anticipation of the Board in their address to the people of the state. By these conventions it is hoped, that a vigorous impulse will be given to the cause of common school instruction Resolved, That the establishment of the Connecticut Common throughout the state; and that its friends, by this interchange of senti- School Journal under the direction of the Board of Commissioners, is ments, and acquaintance with each other, will form new bonds of sym- one of the indispensable measures for the prosperity of popular educapathy, and channels of united effort in promoting its success. It will tion in this state, and that the Convention recommend its general cirbe good and pleasant for the citizens of one republic thus to come togeth-culation among the friends of the cause-the school committees and er for an object so dear to them all; to provide for the improvement in visitors-the teachers and the scholars themselves: it being expected knowlege, in usefulness, and in piety, of the thousands of children and that a portion of the Journal will be devoted to the improvement of this youth who are soon to take the places of their fathers; to forget the dis- latter class of readers. tinctions of party and of sect; and to invoke the blessing of the Almighty upon their deliberations and doings.

In pursuance of a notice given by the Commissioner of Common Schools for Windham County, a Convention was held at Brooklyn, on the 10th inst., consisting of the following delegates from the several

School Societies:

BROOKLYN.-D. P. Tyler, W. Hutchins, A White, U. Fuller, E.

Fogg.

VOLUNTOWN.-H. Campbell, D. Stanton, G. Basset.
SCOTLAND.-O. C. Whiton, J. Palmer, C. Smith, W. K. Dorrance,
C. N. Palmer, D. F. Smith, N. R. Lillie.

PLAINFIELD-Rev. Mr. Rockwell, J. Witter, W. H. Cogswell, F.
B. Johnson, M. Burgess, A. Harris.

3D SOCIETY, WINDHAM.-E. Williams, N. Fitch. SOUTH KILLINGLY.-S. Rood, J. S. Brainard, L. Graves, H. Arnold, L. Day.

Resolved, That this Convention recommend before its members separate, the formation among them of a County Association, embracing auxiliaries in each school society, to aid the Board of Commissioners in carrying their plans into effect, and to make to said Board, from time to time, such suggestions as may tend to promote the welfare of Common Schools throughout this state.

On motion of C. Lyon-Resolved, That in the opinion of this Convention, it would promote the interests of the common schools for the several instructers in the towns to associate together for mutnal improvement, and visit each others' schools as often as may be practicable.

Convention, and that it shall be the object of its individual members, to On motion of D. P. Tyler-Resolved, That it is the duty of this make the cause of education in our Common Schools as practically useful, as the Speaker has, this afternoon made that cause theoretically cheering and glorious.

POMFRET.-W. James, W. O. Green, C. Hubbard, H. Holt, C. Mat-vention be returned to the Rev. Mr. Gallaudett, for his able and eloquent On motion of J. M'Clellan―Resolved, That the thanks of the Conthewson, B. Hickes, D. Hunt. circulate the "Connecticut Common School Journal." address delivered this morning before parents, teachers, and scholars. On motion, a committee was appointed for each School Society, to

W. Sessions, D. Hicks, D. Dresser, C. Osgood, E. Lord, G. S. InABINGTON.-G. Sharpe, N. S. Hunt, J. Holbrook, J. A. Dresser, E. galls, R. D. Sharpe, P. M. Allen, J. W. Dewey, W. Williams. WOODSTOCK, 2D SOCIETY.-J. F. Williams, M. Chandler, E. Stoddard, E. Litchfield, 2d, L. Hiscox.

CANTERBURY.-C. S. Hyde, S. Payne, S. Hough, G. S. White, J.

W. Francis.

WOODSTOCK, 1ST SCHOOL SOCIETY.-J. M'Clellan, J. Lyon, H. Palmer, L. Chamberlain, W. Paine, A. Wood, J. Lyman.

HAMPTON.-D. G. Sprague, J. R. Guile, J. Jackson, J. Burnham, B.
F. Robinson, A. Hammond, E. Spicer, D. Hughes, A Hughes, R.
Copeland.

NORTH KILLINGLY.-Dr. Hough, M. Amsbury, A. Cutler, J. Adams,
W. S. Holt, W. B. Carder, S. Tucker, C. A. Spalding.
CHAPLIN.-E. Dickinson, J. Clark, C. L. Fisk.

WESTMINSTER.-C. Lyon, W. Williams, I. Backus, N. Allen, M.
Morse, C. Morse, B. Delop, E. M. Spalding.

STERLING.--J. C. Ames, S. Kegwin, H. Wylie, S. F. Dow, S. Gordon. THOMPSON.-G. Larned, S. Davis, H. Olney, J. Nichols, T. Crosby, T. E. Graves.

On motion, the Convention adjourned to half past six, evening.
Met pursuant to adjournment.

for the improvement of Common Schools. Per order of Convention,
On motion, the Convention resolved itself into a County Association,
WM. HUTCHINS,
Secretaries.THOS. EUGENE GRAVES,

D. P. TYLER,
F. B. JOHNSON,

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Hough, Chester Lyon, Philip Pearl, Thomas Backus, Charles Mathewson, Allen Harris, John C. Ames, Harvey Campbell, W. B. Ballard, Otis Rockwell, Thomas Gray, Vice Presidents.

William Hutchins, Secretary and Treasurer. Resolved, That the several Vice Presidents of the association be reWINDHAM, 1ST SCHOOL SOCIETY.-S. Lincoln, J. Swift, E. Bass, J.quested to call meetings in the towns in which they reside, as soon as Woodward, J. E. Tyler.

NORTH WOODSTOCK.-A. Corbin, I. Corbin, J. Fowler, C. May, E.

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WM. HUTCHINS,
F. B. JOHNSON,
THOS. EUGENE GRAVES,
On motion, the following gentlemen were designated a Committee to
bring forward the business of the Convention :

SOLOMON PAYNE.

GEO G. TILLOTSON, JOHN M'CLELLAN, During the absence of the Committee, the President delivered a short, yet eloquent and pertinent address, and in conclusion introduced to the Convention, HENRY BARNARD, Esq., Secretary of the Board of Commissioners of Common Schools. After which Mr. Barnard addressed the Convention nearly an hour and a half upon the subject of Common School education, and showed by his general information, and practical common sense, that the Committee have chosen an efficient and powerful advocate for the cause in which they are engaged, and was listened to with an attention which evinced a deep interest in the audience upon the ubject.

may be practicable, for the purpose of forming societies, to co-operate
with this association in behalf of the object for which it is formed.
Resolved, That the officers of the association be requested to invite
communications on the subject of common school education.
Resolved, That A. T. Judson, G. J. Tillotson, and William Hutch-
ins, be appointed a committee to prepare a Constitution to be presented
to the association at its next meeting.

Resolved, That the President be requested and authorized to call a meeting of this association as soon as may be deemed expedient. Resolved, That the publishers of the several journals in this State be requested to publish the proceedings of this meeting.

The

The spirit, and general results of the meeting were very cheering. It ought to be noticed, that in the morning, previously to the organization of the Convention, Mr. Gallaudet of Hartford, addressed a numerous assemblage of Parents, Teachers and Scholars, on their personal and reciprocal duties in relation to the cause of education. His address was admirable-full of practical truth, of good feeling and good sense. action of the Legislature on the subject of Common School Education, the labors of these gentlemen, and the general waking up of our citizens to this most important cause, cannot fail to remedy many deficiencies which now exist in our Common Schools, and to place them on a permanent basis of progressive improvement. The co-operation of our citizens generally, will be necessary to carry into operation the great objects for which this association was formed. The principal design of the Secretary, Mr. Barnard, in his tour through the State, is to elicit information and call forth public sentiment. It is hoped that all interested in this subject—and who is not ?-will offer their opinions freely in pursuance of the foregoing resolution. By order of the Association,

WILLIAM HUTCHINS, Secretary. Case, Tiffany & Co., Printers, Pearl street, Hartford.

PUBLISHED UNDER THE DIRECTION OF THE BOARD OF COMMISSIONERS OF COMMON SCHOOLS.

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OF THE CONNECTICUT COMMON SCHOOL JOURNAL. School societies, how constituted; may hold meetings; elect officers. The aid already afforded this Journal is, it is hoped, but the SECT. 1. BE it enacted by the Senate and House of Reprepledge of that increased patronage which it is yet to receive, ants living within the limits of ecclesiastical societies incorposentatives in General Assembly convened, That all inhabitand which is essential to its success. Nothing short of a gen-rated by law, shall constitute school societies, and shall annuerous subscription will meet the expense of a periodical furnished at so cheap a rate; some numbers of which, too, in order to promote the great cause of popular education, must, dur. ing the first year at least, be circulated gratuitously. Besides, it has been the desire of the Board of Commissioners, as soon as they could feel themselves justified in doing it in a pecuniary point of view, to have the Journal issued semi-monthly; a step which some of the most intelligent and ardent friends of common schools earnestly recommend.

This periodical must rely on individual exertion. It cannot afford to employ a paid agent to travel through the State and procure subscribers. County conventions and associations may recommend it ever so strongly, as they have already done, but personal effort will alone sustain it.

Those who have kindly engaged to make this effort, and those whose duty it has been made by the county and town associations, to promote its circulation, are earnestly reminded that now is the time to give permanency and vigor to the Journal. Lose the present favorable opportunity of doing this, and it may be long, indeed, before such another one will return. All who have procured subscribers, are requested to send their names, without delay, to the ecretary of the Board of Commissioners, and any Teachers who will forward the names of subscribers, and remittances for four numbers, shall receive a fifth gratuitously.

We have occupied nearly this entire number with the Laws of this State respecting Schools and the Education of Children. And by direction of the Commissioner of the School Fund and the Comptroller of Public Accounts, we shall transmit to the Clerk of each School Society as many copies as there are School Districts therein;-one of which the Clerk is requested to forward to the Clerk of each District and in case there is none elected, to the District Committee. It is desirable that it should be preserved for the use of the inhabitants and the school in such district.

We shall also enclose a copy to the Clerk, and to the Chairman of the Committee of Visiters, for each School Society.

Blank forms for the returns of the conditions of the common schools in each district, bave been or will be transmitted to the clerk of each school society, as prescribed by the Board; which the school visiters will cause to be filled out, completed and returned to the clerk of the society by the last day of Feb. next.

ally meet some time in the months of September, October or November, or at such other time as they may judge proper, at the usual place in such society for holding meetings, or at such other place as may be designated, by a vote of the society, upon a warning and notice to be given to them, at least five days before such meeting, by the committee of the society, or if there be no committee, by the clerk; and being lawfully assembled, they shall choose a moderator, a clerk, a treasurer, and affairs of the society for the year ensuing. The clerk shall three or more of their members to be a committee, to order the take the oath prescribed by law, and shall make entries of all the votes and proceedings of the society, a copy of which, attested by him, shall be legal evidence in all courts, and he shall continue in office till another is chosen and sworn in his room; and if any person, duly appointed to an office, shall refuse to accept and execute it. he shall suffer the penalty which town

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May build school-houses.

SECT. 2. School societies, in legal meeting, shall have power to lay taxes, to build and repair school-houses, and to support schools; and to make any lawful agreements, for such pur

poses.

May establish school districts.-Place for erecting school-houses, how fixed.

SECT. 3. Each school society shall have power to divide itself into and establish proper and necessary districts for keeping schools, and to alter them from time to time as there may be occasion; and whenever it may be necessary and convenient to form a district of two or more adjoining societies, such district may be formed by the vote of said societies, and altered or dissolved at their pleasure ;† and every such district shall be under the inspection and superintendence of the society where the school-house shall be situated; and when such district shall agree to build a school-house, the place on which the same shall be erected, shall be fixed by a committee agreed on by said societies, upon application of said district, or any part thereof; and the committee shall return their doings, in writing, to the clerk of the society within the limits of which the place shall be fixed; which shall be recorded.‡

Power to dissolve or alter incorporated districts.

SECT. 4. Every school society shall have power, on application duly made, by any district, incorporated by special act of the general assembly, lying within the local limits of such society, to dissolve or alter such district, in the same manner, as if said district had been constituted by such society, in case two thirds of the inhabitants of said district, present at a legal meeting, warned for that purpose, and qualified to vote, shall agree to make such application. Whenever the parts of any district, incorporated by special act of the general assembly, shall be situated in two or more distinct school societies, such

* Act of 1823, section 2. Act of 1837.
†11 C. R. 479.

Act of 1835.

district shall not be dissolved but by the vote of each of said | ber of persons, not exceeding nine, of competent skill in letsocieties, on application to them respectively made as aforesaid. ters, to be overseers, or visitors of the schools in such society,

Or annex them to other districts.

SECT. 5. Each school society shall have power to annex any district within its limits, formed by an act of the general assembly, to other adjoining districts, or to form it into two or more districts, as may be most convenient; provided, such district, in a legal meeting, shall consent to waive the benefit of the act of incorporation; and when such district shall be annexed to other adjoining districts, the funds of such district, if any there be, shall be divided as they shall agree, by a major vote, in a legal meeting: and when such district is divided into two or more districts, the funds shall be distributed in proportion to their respective lists.

May appoint a committee for each district.-His duty.

SECT. 6. Each school society, at their annual meeting, shall have power to appoint a proper person to be a committee for each school district, whose duty it shall be to manage the concerns of the district, and to provide an instructor for the school, with the assent of the district, and the approbation of the visitors of the school society.*

ower of school districts.-Collector.-Penalty for neglect to serve.-Constables may be appointed.-Vacancies to be filled.

SECT. 7. The inhabitants of school districts, shall, in their lawful meetings, by a major vote, have power to appoint a clerk, who shall be sworn, and whose duty it shall be to make true entries of all their votes and proceedings, and to give attested copies thereof, which shall be legal evidence in all courts; to appoint a treasurer, who shall be sworn to a faithful discharge of his trust, and who shall receive all monies belonging to the district, and pay out the same to the order of the district, or the committee, and render his account annually; to make rules relative to the school-house, and to damages done the same, and to the furniture and appendages, and relative to the wood to be supplied by the inhabitants; and to compel obedience, by denying the privilege of the school, to the children of those who refuse a compliance with such rules; to build and provide a school-house; and to lay taxes, for the purpose of building and repairing, or otherwise procur ing a school-house for said district, of furnishing the house purchasing suitable ground on which to erect such schoolhouse, and of supplying wood; and to appoint a collector to collect such taxes as by them shall be laid, who shall have the same power to levy and collect such taxes, by warrant from a justice of the peace, as collectors of town taxes have by law, and shall be responsible, in the same manner, for any neglect. And every person who shall be duly chosen, by any school district, to be a collector, and shall negleet or refuse to serve in forfeit the sum of five dollars, to the treasurer of the school sosuch office, if he be able in person to execute the same, shall ciety, in which the district is located, unless he can make it appear, that he is oppressed by such appointment, and that others are unjustly exempted; any justice of the peace to hear and determine the same. And the several school societies and school districts, are authorized to appoint either of the constables of the town or towns in which such schools,ociety or district may be situated, to be collector of the taxes of such school society or district, whether such constable belong to said district or society, or not; and when any collector shall die or resign, it shall be the duty of the society or district, to appoint a collector, within three months thereafter, in the place of the one who may have died or resigned. And whenever district shall agree to build a school-house, the place where it shall be erected, (unless the inhabitants of the district unanimously agree on the place,) shall be fixed, by a committee appointed by the school society for that purpose, who shall return their doings in writing to the clerk of the society, which shall be by him recorded. And all meetings of school districts shall be called by the committee thereof, appointed by the school society who shall give three days' warning inclusively, to all the qualified voters living in the limits of such district, to meet at some convenient time, and at some convenient place within the district.‡

Visitors of schools.

a

whose duty it shall be to examine the instructors, and to dis-
place such as may be found deficient in any requisite qualifica-
tion, or who will not conform to the regulations by them adopt-
ed; to superintend and direct the general instruction of the
scholars; and to visit the schools twice at least, during each
season for schooling; at which visitations two or more of them
shall be present, when they may require from the master such
exercises of the youth, as will show their proficiency in learn-
ing.
School masters must be approved by visitors.

SECT: 9. No person shall keep a district school, until he has been examined, and approved, by the visitors of the school society, to which the district belongs, and shall receive a certificate of such examination and approbation, subscribed by such visitors, or a majority of them, or by a committee consisting of not less than three of their number, to be appointed by such visitors, or a majority of them, in any of their meetings, which appointment such visitors are hereby authorized to make.

district.

School of a higher order.

unrection.

of two thirds of the inhabitants present, in a legal meeting
SECT. 10. Any school society shall have liberty, by a vote
warned for that purpose, to institute a school of higher order,
for the common benefit of the society, the object of which shall
be to instruct the youth in English grammar, composition,
geography and the learned languages; and no pupil shall be
admitted into such school till he shall have passed through
the ordinary course of instruction in the common schools, and
has arrived to such maturity of years and understanding, as to
be capable of pursuing the higher branches of learning in such
school. And the visitors of the schools in each school society,
or a majority of them, shall have power to admit such number
of pupils to the school of a higher order as can conveniently be
instructed in it, and in such course as will give to all an equal
opportunity; and the school money shall be apportioned ac-
cording to the number of scholars, between the ages of four and
sixteen, that attend the school of a higher order from any dis-
trict, and those that attend the common school in the same
Cahaal ssciato, sammitted to take care of the funds of the society.—Proviso, as to
other person or persons, as such society shall appoint, shall
SECT. 11. The committee of each school society, or such
have power to take care of all bonds, or other securities, or
monies, which have heretofore been divided and set out to
such society for the benefit of schools, and now belong to the
same; and of all lands and other estates, which have been
granted or sequestered to the use of schools, and now belong to
themselves and their successors in office, for the use aforesaid;
such society, and to loan such monies and to lease such lands
or real estate, and to take bonds, leases, or other securities to
and to institute suits thereon, and the same pursue to final judg-
ment and execution; which bonds, leases, and other securities
shall be lodged with the treasurer of such society, under the
direction of said committee, who shall collect and receive the
annual proceeds of such funds, and account for and pay over
the same to the treasurer of said society, for the use of schools
therein: Provided, that this act shall not extend to the grant of
any estate for the use of schools, in any town or society where
of such estate to particular persons, with directions for a con-
the donor or grantor has committed the care and management
tinual succession in said trust; or where the general assembly
has committed the disposition of the profits of such estate to a
committee, in continual succession.*
Appropriation of two dollars on 1000 dollars, for use of common schools. Proviso,

that excess of school-fund dividend, over $62,000, shall be applied to diminish
this appropriation.

SECT. 12. A sum equal to two dollars upon every thousand dollars of the amount of the assessment lists, of the year preceding, shall be, and the same is hereby annually appropriated, out of the monies arising from the state tax, to be applied for the use and benefit of common schools in this state; to be drawn from the treasury, under the direction of the comptroller of public accounts, at the same time, and in the same manner, as the interest arising from the school-fund, as in this act is here

SECT. 8. Each school society shall appoint a suitable num- after provided: Provided, that whenever, in any year, the

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amount of interest arising from the school-fund, and to be divi

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ded to the school societies, shall exceed sixty-two thousand dollars, the amount of such excess shall, for said year, so far diminish the sum hereby appropriated, from the avails of the

state tax.

Interest of school-fund to be paid to state treasurer.-Principle of apportioning in terest of school-fund.-Form of return.-Form of certificate from school society

committee. Proviso, as to the same person returned in different districts.-Lists and returns to be lodged with society treasurer.

SECT. 13. The interest of the monies arising from the fund, called the school-fund, as the same shall, from time to time, be collected, shall be paid to the treasurer of this state. And the school societies, which shall conform to the provisions of this act, shall be entitled to the said interest, after deducting all expenses attending the school-fund, to be distributed to them, severally, according to the number of persons in such society, between the ages of four and sixteen years, to be enumerated and ascertained in the following manner, to wit: The committee* of each school district shall, in the month of August annually, enumerate all persons residing and belonging within such district, on the first Monday of said month, between the ages aforesaid, and make return thereof, together with the name of each person, to the committee of the school society, within said month, certified in writing, under the hand of said committee, and sworn to before a magistrate, according to the following form, to wit: "I hereby certify, that I have carefully enumerated all persons, between the ages of four and sixtecp, within the school district of which I am committee, and do find, that on the first Monday of August, A. D. there were residing within said district, and belonging thereto, the persons, between the ages aforesaid. A. B. school district committee." "On this day of A. D. personally appeared, the above named committee, and made oath to the truth of the above return, by him subscribed.

number of

2.

Before me, C. D. justice of the peace."

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do certify, that the schools in said society, have been kept for the year, ending the thirtieth day of September last, by instructors duly appointed and approved, and in all respects according to law; and that all the monies drawn from the public treasury by said society, for said year, appropriated to schooling, have been faithfully applied and expended, in paying and boarding said instructors. A. D. ( School society committee.

Dated at

the

day of

To the comptroller of public accounts."

School money to be divided among the districts.
SECT. 15. All the money provided for the use of schools,
received by the committee, shall be paid over to the treasurer
of the society, who shall stand charged with, and shall account
for, the same; and the committee shall, from time to time,
receive, examine and liquidate the accounts of the districts, and
parts of districts, if any be, and where such districts, and those
to which such parts of districts shall belong, have kept their
schools according to the provisions of this act, shall draw or-
ders on the society treasurer for their proportion of all the pub-
lic monies appropriated to the use of schools, according to the
number of persons between the ages of four and sixteen, in
such district.

Provision where the expenses of the school exceed the school money.

SECT. 16. Whenever the expense of keeping a school, by an instructor, approved according to law, shall exceed the And the school society committee shall, from the said certi- amount of all the public money appropriated by law to defray ficates, so returned to them, prepare and transmit to the comp- the expense of such school, the committee in such district, for troller of public accounts, on or before the fifteenth day of Sep- the time being, with such other person or persons as the said tember annually, a certificate sworn to, according to the follow-district, at a legal meeting, warned and held for that purpose, ing form, to wit:-" We, the committee of the may appoint, are hereby constituted a board, to examine, adschool society, in the town of do certify, that just, and allow, all bills of expense, accruing for the support of from the returns made to us, by the committee of the several schools said school districts, within this school society, under vain, we ine proprie si district and apportion such deficiency among that on the first Monday of August, A. D. there were that any person or persons may have sent any scholar or schoresiding within said society, and belonging thereto, the number lars, to school; and if the number of days cannot be ascer persons, between the ages of four and sixteen tained, then according to the number of scholars. And any years; and from the best information we have obtained, we justice of the peace, living in the town where such school has verily believe the said returns made to us, are correct. been kept, shall have power to grant a warrant, directed to the collector of school taxes, in such district, in the same manner as is by law provided for the collection of town taxes.

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School society committee." "On this day of A. D. personally appeared the above named committee, and made oath to the truth of the above certificate, by them subscribed.

Before me, C. D. justice of the peace." And the committee aforesaid, shall, in making out said returns, insert therein the number of persons, in words at full length: Provided however, that in case the same person shall be returned by the committee of different districts, it shall be the duty of the committee of the school society, to determine to which district such person belongs. And provided also, that the said lists and returns, so made to said school society committee, shall be lodged with the treasurer of such society, and be by him preserved for the use of said society. Comptroller to draw orders on Treasurer in favor of school societies, for school money. To be apportioned according to returns.-Certificate of school society committee. Form.

SECT. 14. The comptroller of public accounts shall, on application of the committee of any school society, draw an order on the treasurer for such proportion or amount as such school society may be entitled to, of all monies, by law appropriated for the benefit, support and encouragement of public or common schools, which may be in his hands, or in the hands of the treasurer, on the first days of March and October, annually, to be divided and apportioned to such school societies, according to the returns so made to him by the committee of said society, in conformity to the provisions of this act. And each school society shall divide the same among the several districts

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Misapplication of school money a forfeiture,

SECT. 17. If any money, appropriated to the use of schools, shall be applied, by a school society, to any other purpose, the same shall be forfeited to the state, and it shall be the duty of the comptroller to sue for such money, for the use of the state.

Penalty for making a false certificate.

SECT. 18. And if any committee shall, at any time, make
a false certificate, by which money shall be fraudulently drawn
from the treasury of the state, each person signing such false
certificate, shall forfeit the sum of sixty dollars, to the state, to
be recovered by action of debt, on this statute; and it shall be
the duty of the comptroller, to bring forward a suit to recover
the same accordingly.f

Powers of school societies in relation to burials, &c.
SECT. 19. School societies shall have power to provide a
hearse and pall, for the burial of the dead, and to procure and
hold lands for burying-grounds, and to make regulations to
fence the same, and to preserve the monuments erected therein,
and to lay and collect the necessary taxes for that purpose, in
the same manner as other taxes are collected. Provided, that
this act shall not extend to affect the regulations of towns, or
incorporated ecclesiastical societies, or other religious societies
or congregations, who have separate burying-grounds; and
such towns and societies, shall have all the power given by this
section to school societies.

*Act of 1829.
† Root 548.

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