VOL. II. Published under the direction of the Board of Commissioners of Common Schools. PROSPECTUS TO VOL. II. NO. 2: through the ceiling. But what would be far better and is abTHE CONNECTICUT COMMON SCHOOL JOURNAL will solutely needed in more than two-thirds of the districts, let continue to be published under the direction of the Board immediate steps be taken to erect a neat comfortable school of Commissioners of Common Schools, and the editorial house, away from the noisy thoroughfares, with two rooms, charge of the Secretary of the Board. or at least a recitation room, and with all such accommodations, in doors and out of doors, which a civilized people never forgets. All communications intended for the Journal, may be addressed to HENRY BARNARD, 2d., Secretary of the Board of Commissioners of Common Schools, Hartfordpost paid. TERMS. All subscriptions must commence with the first number, and be paid in advance. All orders for the Journal may be addressed, post paid, to CASE, TIFFANY & Co., printers. We cannot close these remarks, without reminding the clergy, and all the speaking friends of the schools, that now is the time to remind committees and parents of their several duties; that now, before the winter schools begin, is the time to impart by public meetings, by addresses from the pulpit, by newspaper articles, by meeting the teachers and other ways to give a happy impulse to the winter schools. An Act for the Education and Government of Children. resentatives in General Assembly convened, That all parents, SECT. 1. BE it enacted by the Senate and House of Repand those who have the care of children, shall bring them up in some honest and lawful calling or employment; and shall In conformity with a vote of the Board, to carry out a Res-teach and instruct them, or cause them to be taught and inolution of the last Gen. Assembly, we publish in this number structed, to read and write, and cipher as far as the four first the provisions of the Constitution and the Laws which relate rules of arithmetic. to Common School Education. It was our intention to accompany them with an Index, and such a summary and explanation of the duties assigned to the different agents in the administration of the School System, as the fragmentary character of the law, consisting of provisions made at different times, each modifying or repealing parts of others, seem to require. The act of May, 1839, concerning schools, contains several new provisions, and modifies the old law very materially, in reference to the powers of school districts, and the powers and duties of district committees. We shall therefore carry out our original plan in some subsequent number, which together with the present number, containing the school law, will be sent to the clerk of each school society, in sufficient quantities to supply the clerk of each school district, the teacher of each common school, the clerk of the school society, and the chairman of the school visiters with a copy. No one connected with the administration of the law, need be unacquainted with their legal duties. If neglected, select-men may bind them out. SECT. 2. The select-men, in their respective towns, shall inspect the conduct of the heads of families, and if they find any who neglect the education of the children under their care, they may admonish them to attend to their duty, and if they continue to be negligent, whereby the children grow rude, stubborn and unruly, they shall, with the advice of a justice of the peace, take such children from their parents, or those who have the charge of them, and bind them out to some proper master, males till twenty-one, and females till eighteen, lawful calling and employment; which binding shall be valid that they may be properly educated and brought up in some and effectual. We would take this occasion to remind the District Committee that not a day should be lost in looking up a teacher for the winter schools. Those districts which have had good teachers before, should try to get them again. Much precious time will thus be saved to the children. When the number in attendance exceeds fifty, and perhaps forty, an assistant should be employed, and if possible, it will be well to secure the female who taught the summer school, provided she gave full satisfaction. We would strongly urge upon the committee to go into the school house, and see what can be done to make the room, the seats and desks, healthy, comfortable, and if possible; attractive to the children. If the benches are too high, saw them off. If they are without backs, have backs put on. If there is no provision for ventilation, have one or two of the windows altered so as to allow of the lowering of the upper sash, and if that cannot be done, drive a crow bar Stubborn children, how to be corrected.--Proviso. SECT. 3. Whenever any children or minors shall be stubborn and rebellious, and shall refuse to obey the commands, and resist the authority of their parents, or those who have the charge of them, then the parents, or those who have the charge of them, or any informing officer, may make complaint to two justices of the peace, in the town where the parties live, who shall have power to issue a warrant, and cause such children to be apprehended, and brought before them; and if, on due inquiry, they shall find them to be guilty, they may sentence them to be committed to the house of correction, in the town where they live, or if there be none in that town, to the common gaol in the county, to remain confined to hard labor, so long as said justices of the peace shall judge proper, not exceeding thirty days. Provided, that said justices, on the reformation of such children, may, at any time after the commitment, order their release, and return to their parents. [Statutes, edit. 1835, p. 88.-do. 1838, p. 105.] The following sections in relation to the Education of Children employed in Factories, will be found on p. 373 of Statutes published in 1835, and on p. 415 of the edition of 1838. Children employed in factories to be taught reading, writing and arithmetic. SECT. 7. The president and directors of all factories, which are now, or hereafter shall be, legally incorporated, and the proprietor or proprietors of all other manufacturing establishments in this State, shall cause that the children employed in such factory or establishment, whether bound by indenture, by parool agreement, or in any other manner, be taught to read and write, and also that they be instructed in the four first rules of arithmetic (provided the term of their service shall be of so long duration that such instruction can be given,) and that due attention be paid to the preservation of their morals; and that they be required by their masters and employers, regularly to attend public worship. Board of visiters. Their duties.-Power of the county court to discharge indentures, or impose fine. sentatives in General Assembly convened, That all inhabitants living within the limits of ecclesiastical societies incorporated by law, shall constitute school societies, and shall annually 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 three or more of their members to be a committee, to order the affairs of the society for the year ensuing. The clerk shall 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 officers are liable to, for not accepting an office.* schools; poses. May build school-houses. SECT. 8. The civil authority and select-men for and within such towns in which such factories or manufacturing establishments, do or may exist, or a committee by them appointed, shall be, and they are hereby constituted a board of visitors; and it shall be the duty of such board of visitors, in the month of January, annually, or at such other time or times as they shall appoint, carefully to examine, and to ascertain whether the requisitions of this act, which relates to the instruction and the preservation of the morals of the children employed as aforesaid, be duly observed: and if, on such examination, such board of visitors shall discover, that the presidents and directors of any incorporated factory, or the proprietor or proprietors of any manufacturing establishment, have neglected to perform the duties enjoined on them by this act, such board to lay taxes, to build and repair school-houses, and to support SECT. 2. School societies, in legal meeting, shall have power of visitors shall report such neglect to the next county court within the county within which the same shall have occurred; and to make any lawful agreements, for such purand thereupon, such county court shall cause the president and directors of such incorporated factory, or the proprietor or May establish school districts.-Place for erecting school-houses, how fixed. proprietors of such manufacturing establishment, to appear be- SECT. 3. Each school society shall have power to divide fore such court, to answer in the premises; and if, on due in- itself into and establish proper and necessary districts for keepquiry, it shall be found, that such president and directors, or ing schools, and to alter them from time to time as there may the proprietor or proprietors of such establishment, do not duly be occasion; and whenever it may be necessary and convenattend to the education of children by them respectfully em-ient to form a district of two or more adjoining societies, such ployed, as is by this act required; or that due attention is not district may be formed by the vote of said societies, and altered paid to preserve the morals of such children; it shall be the or dissolved at their pleasure; and every such district shall be duty of such court, and they are hereby authorized, at their under the inspection and superintendence of the society where discretion, either to discharge the indentures or contracts, re- the school-house shall be situated; and when such district lating to such minors, and by which they may be bound to shall agree to build a school house, the place on which the render services in such establishments, or they may impose same shall be erected, shall be fixed by a committee agreed on such fine or forfeiture on the proprietor or proprietors of such by said societies, upon application of said district, or any part establishment as they may consider just and reasonable: Pro- thereof; and the committee shall return their doings, in wrivided the same shall not exceed the sum of $100. ting, to the clerk of the society within the limits of which the place shall be fixed; which shall be recorded.‡ Constitution of Connecticut, Article 8.-Of Education. SECT. 2. The fund, called the SCHOOL FUND, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public or common schools, throughout the State, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained, in such manner as the general assembly may prescribe, published, and recorded in the comptroller's office; and no law shall ever be made, authorising said fund to be diverted to any other use than the encouragement and support of public or common schools, among the several school societies, as justice and equity shall require. Power to dissolve or alter incorporated districts. tion duly made, by any district, incorporated by special act of SECT. 4. Every school society shall have power, on applicathe 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 district shall not be dissolved but by the vote of each of said societies, on application to them respectively made as aforesaid. Or annex them to other districts. An Act accepting the Deposite, &c. SECT. 10. The interest, or income arising from the said SECT. 5. Each school society shall have power to annex town deposite fund, shall in each town be annually appropria- any district within its limits, formed by an act of the general ted, not less than one half thereof, for the promotion of edu-assembly, to other adjoining districts, or to form it into two cation in the common schools in such town, in such manner and proportions as such towns may direct, and the remainder for the purpose of defraying the ordinary expenses of such town, and for no other purposes. The legal voters in each town, at an annual town meeting, or at any special town meeting legally warned for that purpose, may decide whether the said remainder of said income, derived from said fund, or any part thereof, shall be appropriated in like manner for the support of common schools in such town, or whether the same or any part thereof shall be appropriated for the purpose of defraying the ordinary expenses of such town or to both of said objects, as may be deemed most beneficial to the interests of such town. CHAPTER I. 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 visi An Act for the regulation of School Societies, and for the tors of the school society.§ support of Schools. School societies, how constituted; may hold meetings; elect officers. SECT. 1. BE it enacted by the Senate and House of Repre *Act of 1823, section 2. Act of 1837. +11 C. R. 479. ‡ Act of 1835. Act of 1823, section first. Power 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 be longing to the district, and pay out the same to the order of the district, or the cominittee, 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 procuring, a school-house for said district, of furnishing the house with the necessary appendages and accommodations, and of 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 neglect or refuse to serve in such office, if he be able in person to execute the same, shall forfeit the sum of five dollars, to the treasurer of the school society, 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 school society or district may be situated, to be collector of the taxes of such school society or district, whether said constable belong to said society or district, 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 a 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.j Visitors of schools. School of a higher order. 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, of pupils to the school of a higher order as can conveniently be or a majority of them, shall have power to admit such number instructed in it, and in such course as will give to all an equal opportunity; and the school money shall be apportioned according to the number of scholars, between the ages of four and sixteen, that attend the school of a higher order from any district, and those that attend the common school in the same district. School society committee to take care of the funds of the society.—Proviso Appropriation of two dollars on 1000 dollars, for use of common schools SECT. 12. Omitted as of no longer in force. Interest of school fund to be paid to state treasurer.-Principle of apportioning interest 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 moneys arising from the fund called the school fund, as the same shall, from time to time, SECT. 8. Each school society shall appoint a suitable numbe collected, shall be paid to the treasurer of this state. And ber of persons, not exceeding nine, of competent skill in let-the school societies, which shall conform to the provisions of ters, to be overseers, or visitors of the schools in such society, whose duty it shall be to examine the instructors, and to displace such as may be found deficient in any requisite qualification, or who will not conform to the regulations by them adopted; 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 learning. 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. * Act of 1824. †4 Day 376. 11 C. R. 479. 10 C. R. 390, Act of 1823, this act, shall be entitled to the said interest, after deducting "On this * 1 Root 444. day of per parool agreement, or in any other manner, be taught to read | sentatives in General Assembly convened, That all inhabitand write, and also that they be instructed in the four first rules of arithmetic (provided the term of their service shall be of so long duration that such instruction can be given,) and that due attention be paid to the preservation of their morals; and that they be required by their masters and employers, regularly to attend public worship. Board of visiters.-Their duties.-Power of the county court to discharge indentures, or impose fine. ants living within the limits of ecclesiastical societies incorporated by law, shall constitute school societies, and shall annually 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 three or more of their members to be a committee, to order the affairs of the society for the year ensuing. The clerk shall 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 officers are liable to, for not accepting an office.* May build school-houses. to lay taxes, to build and repair school-houses, and to support SECT. 2. School societies, in legal meeting, shall have power schools; and to make any lawful agreements, for such purposes. SECT. 8. The civil authority and select-men for and within such towns in which such factories or manufacturing establishments, do or may exist, or a committee by them appointed, shall be, and they are hereby constituted a board of visitors; and it shall be the duty of such board of visitors, in the month of January, annually, or at such other time or times as they shall appoint, carefully to examine, and to ascertain whether the requisitions of this act, which relates to the instruction and the preservation of the morals of the children employed as aforesaid, be duly observed: and if, on such examination, such board of visitors shall discover, that the presidents and directors of any incorporated factory, or the proprietor or proprietors of any manufacturing establishment, have neglected to perform the duties enjoined on them by this act, such board of visitors shall report such neglect to the next county court within the county within which the same shall have occurred; and thereupon, such county court shall cause the president and directors of such incorporated factory, or the proprietor or May establish school districts.-Place for erecting school-houses, how fixed. proprietors of such manufacturing establishment, to appear be- SECT. 3. Each school society shall have power to divide fore such court, to answer in the premises; and if, on due in- itself into and establish proper and necessary districts for keepquiry, it shall be found, that such president and directors, or ing schools, and to alter them from time to time as there may the proprietor or proprietors of such establishment, do not duly be occasion; and whenever it may be necessary and convenattend to the education of children by them respectfully em-ient to form a district of two or more adjoining societies, such ployed, as is by this act required; or that due attention is not district may be formed by the vote of said societies, and altered paid to preserve the morals of such children; it shall be the or dissolved at their pleasure ;† and every such district shall be duty of such court, and they are hereby authorized, at their under the inspection and superintendence of the society where discretion, either to discharge the indentures or contracts, re- the school-house shall be situated; and when such district lating to such minors, and by which they may be bound to shall agree to build a school house, the place on which the render services in such establishments, or they may impose same shall be erected, shall be fixed by a committee agreed on such fine or forfeiture on the proprietor or proprietors of such by said societies, upon application of said district, or any part establishment as they may consider just and reasonable: Pro- thereof; and the committee shall return their doings, in wrivided the same shall not exceed the sum of $100. ting, to the clerk of the society within the limits of which the Constitution of Connecticut, Article 8.—Of Education. SECT. 2. The fund, called the SCHOOL FUND, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public or common schools, throughout the State,and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained, in such manner as the general assembly may prescribe, published, and recorded in the comptroller's office; and no law shall ever be made, authorising said fund to be diverted to any other use than the encouragement and support of public or common schools, among the several school societies, as justice and equity shall require. An Act accepting the Deposite, &c. SECT. 10. The interest, or income arising from the said town deposite fund, shall in each town be annually appropriated, not less than one half thereof, for the promotion of education in the common schools in such town, in such manner and proportions as such towns may direct, and the remainder for the purpose of defraying the ordinary expenses of such town, and for no other purposes. The legal voters in each town, at an annual town meeting, or at any special town meeting legally warned for that purpose, may decide whether the said remainder of said income, derived from said fund, or any part thereof, shall be appropriated in like manner for the support of common schools in such town, or whether the same or any part thereof shall be appropriated for the purpose of defraying the ordinary expenses of such town or to both of said objects, as may be deemed most beneficial to the interests of such town. CHAPTER I. place shall be fixed; which shall be recorded.‡ Power to dissolve or alter incorporated districts. tion duly made, by any district, incorporated by special act of SECT. 4. Every school society shall have power, on applicathe 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 lega! 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 district shall not be dissolved but by the vote of each of said societies, on application to them respectively made as aforesaid. 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 visi An Act for the regulation of School Societies, and for the tors of the school society.§ School societies, how constituted; may hold meetings; elect officers. *Act of 1823, section 2. Act of 1837. †11 C. R. 479. + Act of 1835. Act of 1823, section first. Power 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 cominittee, 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 procuring, a school-house for said district, of furnishing the house with the necessary appendages and accommodations, and of 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 neglect or refuse to serve in such office, if he be able in person to execute the same, shall forfeit the sum of five dollars, to the treasurer of the school society, 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 school society or district may be situated, to be collector of the taxes of such school society or district, whether said constable belong to said society or district, 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 a 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.j Visitors of schools. School of a higher order. 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 the ordinary course of instruction in the common schools, and admitted into such school till he shall have passed through 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, of pupils to the school of a higher order as can conveniently be or a majority of them, shall have power to admit such number instructed in it, and in such course as will give to all an equal opportunity; and the school money shall be apportioned according to the number of scholars, between the ages of four and sixteen, that attend the school of a higher order from any district, and those that attend the common school in the same district. as to grant with special direction. School society committee to take care of the funds of the society.—Proviso 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 moneys, 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 such society, and to loan such moneys and to lease such lands or real estate, and to take bonds, leases, or other securities to themselves and their successors in office, for the use aforesaid; 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 the donor or grantor has committed the care and management of such estate to particular persons, with directions for a continual 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. Omitted as of no longer in force. 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 moneys arising from the fund called the school fund, as the same shall, from time to time, SECT. 8. Each school society shall appoint a suitable num- be collected, shall be paid to the treasurer of this state. And ber of persons, not exceeding nine, of competent skill in let-the school societies, which shall conform to the provisions of ters, to be overseers, or visitors of the schools in such society, this act, shall be entitled to the said interest, after deducting whose duty it shall be to examine the instructors, and to dis-all enpenses attending the school fund, to be distributed to place such as may be found deficient in any requisite qualification, 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 learning. 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. * Act of 1824. †4 Day 376. 11 C. R. 479. 10 C. R. 390, Act of 1823. them severally, according to the number of persons in such "On this * 1 Root 444. day of per |