in a commodious and healthy schoolhouse. It was found in districts numbering less than forty children, that the schoolhouses were small, inconvenient, and objectionable on the score of health, the compensation of teachers low, and the school sessions short, with long vacations between. In their eagerness to bring the school nearer to every family, the quantity and quality of education given there, was reduced below the average standard. The best schools were found in the large districts, where the children were classified under different teachers, or in the districts numbering over 40 and under 60 children, with an average attendance of about 40 scholars under a well paid and well qualified teacher, and continued nine or ten months in the year.

3. Whenever any school district shall be formed or altered in any school society, it shall be the duty of the committee of the society to fix and describe the boundary lines of such district, and cause the same to be entered on the records of the society; and in any case where such boundary lines are not now fixed and described, it shall be the duty of said committee, on application of the district, to designate and define the same, as above specified.

Remarks. Districts must in all cases have local limits

even where they are not defined and recorded. The object of this section was to facilitate the work, as it would be particularly necessary in reference to the mode of taxation prescribed

in section 9.

4. Every legally constituted school district shall be a body corporate, so far as to be able to purchase, receive, hold and convey any estate real or personal for the support of schooling in the same, to prosecute and defend in all actions relating to the property and affairs of the district, and to make all lawful agreements and regulations for the management of schools within said district.

Remarks. This section simply embodies the construction which our higher courts had already put on existing provisions respecting the powers and liabilities of school districts. 5. There shall be a meeting in each school district annually on the last Tuesday of August, at the schoolhouse of such district, or, if there be no schoolhouse, at such other place as the district committee may designate; and notice thereof shall be given at least five days previous, by the district committee, in one or more newspapers published therein, or by putting the same on the schoolhouse, or on the sign post, or on such other places, and in such other mode as the district may designate for this purpose.

6. A special meeting shall be held in each district whenever called by the district committee, in the manner specified in the case of annual meetings; and it shall be the duty of said committee, or any member thereof, or in case of failure or refusal of the same, of the clerk of said district, to call a meeting on the written application of any five residents therein who pay taxes; and every notice of a district meeting, shall state the purpose for which said meeting is called.

Remarks. There is an omission in this section to provide for a place to post a notice, where there is no newspaper printed, or place designated by the district, and especially in a new district. This might be left to the committee of the so ciety. A proper distinction is not recognized between annual and special meetings, in regard to the notice. In the former case, the fact that it is the annual meeting should be sufficient for the transaction of any business whether specially mentioned or not; in the latter, the specific business mentioned in the notice only, should be attended to.

books, of suspending refractory scholars, &c., are new, but necessary.

tee acting under the direction of the district, or in carrying The district is bound by any and all doings of the commit out the requirements of the law, and is responsible for all necessary expenses incurred.

ful meeting, to build or otherwise provide suitable school rooms; to 8. Each school district shall have power at the annual, or any law. employ one or more teachers; to fix the different periods of the year at which the school shall be taught; and to appropriate such portions of the public moneys accruing to such district for the use of the schools, to such parts of the year, as the convenience of the district may reschool or schools of such district have been kept by a teacher or teachquire; provided that no school district shall after the first day of Januers duly qualified, for at least four months in the year-and until the ary next, be entitled to any portion of the public money, unless the district committee shall certify that the public money received by such district, for the year previous, had been faithfully applied and expended in paying the wages of such teacher or teachers, and for no other purpose whatever.

Remarks. This section re-enacts with more fulness the provision of section 7 of the "Act for the regulation," &c., and in addition requires that the district school shall be kept at least four months in the year, and that the public money should be applied to the wages of teachers only. The tricts a school would be kept just long enough to exhaust the first requirement was called for, as in some of the small dispublic money, and then a subscription school be commenced, from which those children where parents could not or would not pay any thing towards its support, were excluded. The paying the board of teachers, a portion of the public money last condition was required, because under the pretence of would be set aside, and as the teachers boarded round, the money thus saved was applied to repairs of the schoolhouse, and to the purchase of fuel.

9. The inhabitants of school districts in lawful meeting assembled, shall have power to lay taxes on all the real estate situated in their respective districts, and upon the polls and other rateable estate, except real estate situate without the limits of such district, of those persons who are residents therein, at the time of laying such tax, and said real estate shall not be taxed by any school district besides the one in which the same is situated; and said tax shall be made out and signed by the district committee from the assessment list of said town or towns, to which said district belongs, last completed or next to be completed, as said district may direct, and be collected by the collector of the district in the same manner as town taxes.

Remarks. This section taxes all property within the dents, without reference to the location of the property. It is boundaries of districts, instead of the grand list of the resibased on the principle, that all burdens properly chargeable on the property of a district, shall rest on the entire property, whether it represents children and occupants, or not. As the same property is taxable only in one district, there seems to be no inequality in the principle. The difficulties in assessing a district tax are somewhat increased; but these arise principally from the loose and informal manner in which districts have been formed and altered, and can to a great extent be obviated by calling on the committee of the society to fix and describe the boundary lines, with such alterations as the soci⚫ ety may sanction.

7. At the annual meeting of any district the legal voters thereof shall elect, in addition to the officers now required, a committee, to consist of not more than three residents of the district; and said committee shall discharge all the duties now required of the district com- stances, where a large portion of the real estate is owned by The old principle is so glaringly unequal, and in many inmittee appointed by the school society; shall employ unless otherwise non-residents, so oppressive, that some other mode was calldirected by the district one or more qualified teachers provide suita-ed for. On that principle, owing to the compact population ble school rooms; visit the schools by one or more of their number, twice at least, during each season of schooling; see that the scholars and large property of districts, located in cities and central are properly supplied with books, and in case they are not, and the pa- villages, the expense of building less than three hundred rents, guardians, or masters have been notified thereof by the teacher, schoolbouses, would fall on about two thirds of all the taxato provide the same at the expense of the district, and add the price ble property of the State, while the expense of building more thereof to the next school tax or rate of such parents, guardians, or than thirteen hundred must be borne by the other one third. masters; suspend during pleasure or expel during the current season from school, all pupils found guilty on full hearing of incorrigibly bad conduct; and give such information and assistance to the school committees and visiters of the society, as they may require, and perform all other lawful acts as may from time to time be required of them by the district, or which may be necessary to carry into full effect the powers and duties of school districts.

on property by a society or town tax; but if there is to be any It would be better, if it were practicable, to raise all taxes district taxation, the present mode seems altogether preferable.

10. Whenever any real estate situated in one district, is so assessed and entered in the grand list in common with other estate situated out

Remarks. The provision here made for the appointment of said district, that there is no distinct and separate value put by the of the district committee by the district, has given greater in-assessors upon the part lying in said district, then said district wishing terest to the annual meetings, and operated favorably on the schools. The duties of visiting the schools twice at least during each season of schooling, of supplying scholars with

to lay a tax as aforesaid, may call upon the assessors for the time beare hereby authorized and directed on such application to assess, the ing of the town in which such district is situated, to assess, and they value of that part of said estate which lies in said district, and to return

the same to the clerk of said town; and notice thereof shall be given their daily attendance, together with the day of the month on which by the district committee in the same way and manner as school such school was visited by the school visiters of the society or commeetings are warned; and at the end of fifteen days after said assess-mittee by them appointed, which book, or register, shall be open at all ment has been lodged as aforesaid, said assessor and society's committee shall meet in such place in said district as said committee shall designate in their notice, and shall have the same power in relation to such list as the board of relief have in relation to lists of towns. When such list shall be equalized and adjusted by said assessors and society's committee, the same shall be lodged with the town clerk, and said assessments shall be the rule of taxation for said estate by said district for the year ensuing; and said assessors shall be paid by said district, a reasonable compensation for their services.

times to the inspection of all persons interested, and be delivered over by the teacher at the close of the term, to the district clerk, together with a certified abstract, showing the whole number of pupils enrolled, the number of males and females, and the average daily attendance and it shall be unlawful to pay any teacher more than two-thirds the amount due for any term of tuition, until said book and abstract shall be placed in the hands of the district clerk, as aforesaid, and certified to under oath.

Remarks. The requisitions of the law are very light, but very important. Without a school register accurately kept, there is no original authenticated source of school statisticsnothing by which the aggregate or average school attendance children are cheated out of their natural right to an educacan be ascertained. Without it, it can never be known how far tion, and apprentices and others to the school privileges which the law and their indentures entitle them to. Without it, the district or the society, or the State can never know how large a portion of children of the school age are unbenefited by the public money, on account of their never entering the district school, and to how much greater extent the privileges of the school are lost, by the late and irregular attendance of those who are enrolled among the scholars of the school. Some of the requisitions of the section might be modified with advantage.

11. The visiters or overseers appointed by any school society, may prescribe rules and regulations (1) for the management, studies, books, and discipline of the schools in said society, and may appoint two persons, one or both of whom shall be a committee (2) to examine into the qualifications of all candidates who may apply for employment as teachers in the common schools of such society, and shall give to such persons, with the evidence of whose moral character and literary attainments they are satisfied, a certificate setting forth the branches he or she is found capable of teaching, provided that no certificate shall be given to any person not found qualified (3) to teach reading, writing and arithmetic, thoroughly, and the rudiments, at least, of grammar, geography, and history,-to visit each of the district schools in said society, during the first (4) two weeks after the opening of such schools, and also during the two weeks preceding the close of the same, at which visits the committee may examine the record or register of the teacher, and all other matters touching the literature, discipline, mode of teaching, and improvement of the school;-and subject to the rules and regulations of the school visiters, may exercise all the powers and discharge all the duties of said visiters, and such committee shall 14. Any school society, in lawful meeting, may authorize the comreceive one dollar each per day for the time actually employed in dis-mittee of the society to draw an order on the society treasurer, in favor charging the duties of their office, and such other compensation as of such districts or parts of districts as have kept their schools in all said society may allow, to be paid out of the income of the town depos- respects according to law, for their proportion of all the public money ite Fund accruing to said society, or in any other way which said appropriated to the use of schools, in the hands of said treasurer, either society may provide. according to the number of persons between the ages of 4 and 16 in such districts or parts of districts, or according as the amount of attendance for a period of six months' schooling in such districts or parts of districts, shall bear to the whole amount of attendance in all the districts for the same period.

Remarks. This section has done much to give efficiency to the administration of the school system.

(1) This power belonged to school visiters before, but as it was not as fully expressed, it was not acted upon. Since 1839 much has been done by school visiters to produce a uniformity of school books, to secure attention to primary studies, and effect some wholesome changes in the management and disciple of the schools.

(2) Wherever the sub-committee has been appointed, the examination of teachers has been better attended to, the schools have been visited according to law, and the reports and returns required of the board have been properly made. (3) Low as the standard here fixed is,it has had the effect of sustaining examiners in a more strict inquiry into the qualifications of candidates for the office, than was before pursued. (4) The time within which the first and last visit must be made should be extended to three or four weeks.

The compensation here provided, in no case for more than two persons, is small,-barely sufficient to pay the expenses to and from the distant districts. A more liberal allowance is made in New York and Massachusetts, and no complaint is heard of its being " oppressive." The duties imposed on this committee are important and numerous, and require the services of a class of men, who cannot afford to spend the time demanded without some remuneration, much less incur expense by so doing.

12. No teacher shall be employed in any school supported by any portion of the public money, until he or she has received a certificate of examination and approbation, signed by a majority of visiters of the school society, or by the committee by them appointed, nor shall any teacher be entitled to draw any portion of his or her wages, so far as the same is paid out of any public money appropriated by law to schools, unless he or she can produce such certificate, dated previous to the opening of his or her school-provided that no new certificate shall be necessary, when the teacher is continued in the same school more than a year, unless the visiters or overseers shall require it.

Remarks. This section was intended to do away with the practice on the part of district committees, of employing a teacher before he was examined by the school committee, and when a certificate of qualification had been withheld. It also does away with the necessity of an annual examination of teachers who continue from year to year in the same school, as were before required.

13. It shall be the duty of every teacher in any common district school, to enter in a book, or a register to be provided by the district clerk, the names of all the scholars attending school, their ages, the date when they commenced, the length of time they continue, and

Remarks. This section enables school societies to apply a new principle in the distribution of the public money which will make it the pecuniary interest of the districts, committees, parents and teachers, to secure the regular and punctual attendance of all the children in the district at school, for at least six months in the year.

er or teachers duly qualified, shall exceed the amount of all moneys 15. Whenever the expense of keeping a common school by a teachappropriated by law to defray the expense of such school, the committee in such district for the time being, may examine, adjust, and allow all bills of expense incurred for the support of said school, and assess the same upon the parents, guardians, and masters of such children as attended the same, according to the number and time sent by each.

Remarks. This section as reported by the committee of the House, contained an additional clause, which was however struck out, and thus leaves it as it stands in the old law, and is open to the strictures there made upon its unequal and disastrous operation.

16. Whenever the contingent expenses of any school district, arising from repairs of schoolhouse or its appendages, books, costs, damages, or any other source, shall not exceed the sum of twenty dollars in one year, the same may be included in the above assessment.

Remarks. This section has proved convenient, although it throws upon those who send to school, charges properly belonging to the district.

17. Any school district, in lawful meeting warned for this purpose, is hereby authorized to lay a tax, not exceeding thirty dollars the first year, or ten dollars any subsequent year, on the district, for the purpose of establishing and maintaining a common school library and apparatus for the use of the children of such district, under such rules and regulations as said district may adopt; and any sum of money thus raised, shall be assessed and collected in the same manner as other district taxes.

Remarks. A similar provision exists in the school law of several states. In Massachusetts, New Jersey and New York, further measures have been taken to make the art of printing practically available to the poor as well as the rich, by bringing within the reach of all, of both sexes and in every condition and employment of life, libraries of well selected books. In New York, in less than two years more, there will have been expended a half million of dollars, in the purchase of not less than one million and a half of books, disseminated through every one of her ten thousand school districts.

If a portion, say $5,000 or $10,000 of the avails of the school It enables the same teacher to accomplish much more in a fund, after making the dividend of $1.35 per scholar, could shorter time, and the scholar to receive a much larger share be set apart as a "library fund," and the societies or districts of the attention of the teacher, when the classes are few, and be authorized to draw a certain sum, on condition they raised the number of each class large and of the same age and proa like amount, to be expended in the purchase of school libra- ficiency. While it secures a more thorough attention to the ries, it would go far to create and foster tastes and habits of reading in the community, and throw light over every pursuit and employment of life among us.

18. Any two or more adjoining school districts, may associate together and form a union district, with power to maintain a union school, to be kept for the benefit of the older and more advanced children of such associated districts, if the inhabitants of each of such districts shall, at legal meetings called for that purpose, agree to form such union by a vote of two thirds of the legal voters present.

19. Any union district thus formed shall have all the corporate powers of school districts, and shall hold its first meeting on such notice, and at such time and place as may be agreed upon by the associated districts respectively, by a vote of the same at the time of forming the union. 20. The annual meeting of such union district shall be held at such time and place, and upon such notice, as the district may at its first meeting prescribe; and notice of all special and adjourned meetings shall be given as provided for in the case of school districts.

primary studies and the young children, it admits of the introduction of a much wider range of study in the common school, thus equalizing in a measure the education of society. Until common schools of this character are established, there will be a necessity for private schools; and the advantages of a more thorough education will be confined to a few in each community.

26. No child shall be excluded from any school supported in all or in part out of any money appropriated or raised by law for this pur. pose, in the district to which such child belongs, on account of the inability of the parent, guardian, or master of the same to pay his or committee of such district, and the selectmen, or a majority of the her tax or assessment for any school purpose whatever; and the school same, of the town or towns in which such district shall be located, shall constitute a board with power to abate the taxes or assessments said select men shall draw an order for the amount of such abatements of such persons as are unable to pay the same in all or in part, and upon the treasurer of the town in which such persons reside, in favor of said district.

21. The legal voters of such union districts shall have power to designate, and purchase or lease, the site for a schoolhouse for the union school, and to build, hire, or purchase a building for such school- Remarks. This section re-asserts the cardinal principle of house, and to keep in repair and furnish the same with fuel, furniture, the common school system, and provides that the education and other necessary articles for the use of said school, and to assess of the indigent should fall on the community at large, as a and collect a tax for the above purpose, in the same manner as is pre-matter of common interest and of common duty. Were it scribed by law for other school districts; and in case the district shall not be able unanimously to agree on the location of the union school house, the school society committee shall, on application, determine

the same.

tricts.

22. The committees of the respective districts forming the union district, shall constitute the school committee of said district, with power to appoint their own clerk, treasurer and collector-and said officers shall have all the powers, and discharge all the duties in reference to such district, as the same officers have in case of school dis22. The committee aforesaid shall also determine the ages and qualifications of the children of the associated district, who may attend the union school, and make all rules and regulations for the studies, books, and discipline of the school, subject to the approbation of the visiters of the school society in which said union district may be located, and to any votes that may be passed in any legal meeting of said district.

24. Such union school shall receive such proportion of all money accruing to the use of each of the associated districts, as the children between the ages of four and sixteen attending the union school from each of said districts, bear to the number attending the district school in each-and the expense of sustaining the school beyond the amount thus received shall be borne by the union district, in such manner as the legal voters of the same shall prescribe; and a tax or rate for this purpose shall be assessed and collected in the same manner as in the case of any other school district.

25. The visiters or overseers of schools, shall have the same power and perform the same duties in relation to such union schools, as are prescribed to them in relation to other district schools.

Remarks. The union of school districts here authorized, obviates many of the difficulties and evils of common schools as they are, and secures a much higher degree of improvement with the same means. In a large portion of the district schools, the ages of the scholars range from 4 to 16, or rather from 3 to 18; the studies extend from the first rudiments to the branches of an academical education; the classes are as numerous as the various studies, increased by the variety of text books in the same branch; and the teachers are constantly changing, from male to female, and from season to

season.

not that school districts are so unequal in respect to taxable property and the number of persons entitled to the privileges of this section, it would be more convenient to include the amouut of their abatements in a district tax. But owing to this inequality, and the discontinuance of all school society taxation, these abatements, when allowed by the proper board, are made chargeable to the town treasury. The inequality in the demands of the different districts can be obviated, by the establishment of some general principles on which such abatements shall be made. In case the selectmen, or committee of the society, refuse to form the board, the individuals so refusing should be liable to a fine, to be collected for the use of the district whose claim has been denied a hearing.

27. All the school officers, both of the school society and school districts, shall hold their respective offices until the annual meeting of such society and district next following the time of their appointment, and until others shall be duly elected in their places.

28. In case any district shall fail or neglect to appoint any or all the of ficers authorized and directed to be appointed by this act at the annual meeting, or any vacancy shall occur by death, removal from the district, or otherwise, it shall be the duty of the committee of the school society in which such district may be located, to make such appointment, and to fill such vacancy, on receiving written notice thereof from any three members of the district, and lodge the name or names of such officers so appointed, with the district clerk.

29. The governor is hereby authorized to fill any vacancy in the board of commissioners of common schools, occasioned by death, resignation, or otherwise.

30. All acts or parts of acts relating to school societies or schools, inconsistent with the provisions of this act, are hereby repealed.

[ACT OF 1840.] 1. Be it enacted &c., That the moderators of school society meetings, in such meetings, and the clerks of the several school societies in this State, shall be empowered to administer all the oaths required by law to school society and school district officers and to school teachers.

2. There shall be administered to each school society clerk an oath, in the form followig to wit:-You, A B, being chosen clerk of the school society in the town of do swear, (or affirm, as the case may be,) that you will faithfully execute the duties of such clerk, nccording to pour best skill and according to law. So help you God. And the like oath, mutatis mutandis, shall be administered to each school district clerk.

Now the plan of union districts, leaving the younger children by themselves, and including the older children together, cuts down by one half the variety of ages, studies and classes. It enables the teacher to adopt methods of classification, in- 3. That the moderator of each school district meeting be, and he struction and government, suited to each grade of schools. It hereby is empowered, in snch meetings, to administer to the clerk of gives much longer, and in many cases permanent employment such district, the oath by law in such case provided. to female teachers in the primary schools, and dispenses with [ACT OF 1840.] 1. Be it enacted &c., That whenever the boundthe services of all but the best qualified male teachers. It ary lines of any school district, which shall be within the limits of enables the same amount of funds to pay higher wages, for a two or more school societies, shall not have been fully defined and setlonger time; for it will be found that the money actually ex-tled, it shall be the duty of the several committees of such school socipended in three adjoining districts on three female teachers eties, to designate and define such boundary line so far as the same may at the average wages, say $3 per month, for four months in be within the limits of such societies respectively. the summer, and on three male teachers at $17 per month, for four months in the winter, will employ three female teachers for six months at $12 per month, and one male teacher for four months at $21 per month.

2. Whenever any such school district shall, at a school district meeting, duly warned and held, request any alteration to be made in the boundary line of such district, the same may be made by the school society within the limits of which such proposed alterations are included.