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the damages so assessed by the selectmen, the land so laid out shall vest in said district, but shall revert to the owner whenever the district shall vote to discontinue the use thereof, or shall neglect to use the same for two years successively. (R. S., chap. 71, sec. 8.)

SEC. 9. For the purposes aforesaid every person shall be taxed in the district in which he lives, for his poll and all the personal estate which he holds in the town, and all real estate in the town shall be taxed in the district in which it is. (R. S., chap. 71, sec. 9.)

SEC. 10. The selectmen, in the several towns and places in this State, when, for the purpose of building and repairing school houses, it shall become necessary, are hereby authorized to make a new invoice of all the property in such district, for the purpose of making just assessment of the taxes necessary for such purposes. (Laws of 1844, chap. 148, sec. 1.)

SEC. 11. When any tax shall be assessed on any non-resident proprietors or owners of property, liable by law to be assessed, for the purpose of purchasing any school house, or for the erection or repair of any such house, after the first day of July in any year, a certified copy of the list of such taxes, as assessed by the selectmen and as delivered to the collector, shall by such collector be delivered to the deputy secretary, on or before the eighth day of the next succeeding June session of the general court, and all such proceedings shall be had in relation to the same, as are now had in the payment and collection of non-resident taxes that may be otherwise assessed. (Laws of 1844, chap. 148, sec. 2.)

SEC. 12. Any school district, at a legal meeting holden for that purpose, may, by two thirds of the legal voters of such district present at said meeting, vote to build, purchase, alter, repair or remove two or more school houses in and for such district, and other necessary buildings therefor, and to furnish the same with all necessary apparatus and furniture; may decide upon the location of such houses, and purchase land therefor, and may raise money for that purpose: provided, that if each legal voter in said district has been served with a written or printed notice of the time, place and objects of said meeting at least seven days prior thereto, in such case a majority of the voters present and voting at said meeting shall have power to bind the district to the performance of the objects contemplated in this act, (this section.) (Laws of 1852, chap. 1286.)

SEC. 13. If any three or more legal voters in such district are aggrieved by the location of either of the school houses therein, they may apply by petition to the selectmen of the town where such school houses are located, who may proceed thereon according to the provisions of chapter seventy-one of the revised statutes, (this chapter.) (Laws of 1848, chap. 729, sec. 2.)

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SECTION 1. The selectmen in each town shall assess annually upon the polls and ratable estate by law taxable therein, a sum to be computed at the rate of one hundred and thirty-five dollars for every dollar of the public taxes apportioned to such town, and so for a greater or less sum. (Laws of 1852, chap. 1300.)

SEC. 2. The town at any legal meeting for the purpose may raise a sum exceeding the amount aforesaid, which shall be assessed in the same manner. (R. S., chap. 72, sec. 2.)

SEC. 3. Such sum when collected shall be appropriated to the sole purpose of keeping an English school or schools within such town for teaching reading, writing, English grammar, arithmetic, geography, together with such other branches of English education as are adapted to the advancement of the school, including the purchase of necessary fuel for the school and occasional repairs as specified in this title. (R. S., chap. 72, sec. 3.)

SEC. 4. The selectmen shall assign to each district a proportion of the money thus assessed, according to the valuation of the district for the year or in such other manner as the town at the annual meeting shall direct, and shall pay over the same to the prudential committee of the district. (R. S., chap. 72, sec. 4.)

SEC. 5. It shall be the duty of the selectmen in all cases when the guardian and ward reside in the same town, to assign the tax assessed upon the ward's personal property to the school district in which the ward lives and has his home. (Laws of 1852, chap. 1308.)

SEC. 6. If the selectmen of any town neglect to assess or assign or pay over the school money as aforesaid, they shall forfeit and pay for each neglect a sum equal to that so neglected to be assessed, or assigned or paid over, which shall be for the use of

the district aggrieved thereby, and may be recovered by action of debt in the name of such district by the prudential committee. (R. S., chap. 72, sec. 5.)

SEC. 7. If the money so assigned and paid over to the prudential committee of any district, shall be by him not expended according to law, he shall forfeit for each offence a sum not less than the sum so unexpended or not expended legally, and not exceeding twice said sum, to be recovered by indictment or by information; the cost to be paid to the county treasurer and the penalty to be paid to the selectmen for the use of the district. (R. S., chap. 72, sec. 6.)

SEC. 8. It shall be unlawful to keep a district school in any other place than in the school house belonging to the district, unless there be no school house, or the school house be out of repair or not of sufficient size to accommodate the scholars; in which cases the prudential committee may, with the consent and approbation of the selectmen, provide suitable rooms and conveniences for the use of the school at the expense of the district. (R. S., chap. 72, sec. 7.)

SEC. 9. The town of Portsmouth and such other towns as legally adopt the provisions of the chapter of this title made for the town of Portsmouth, are exempted from the operation of the foregoing provisions so far as the same relate to the mode of appropriation and expenditure of said school money. (R. S., chap. 72, sec. 8.)

CHAPTER 77.

OF THE REGULATION, INSTRUCTION AND INSPECTION OF SCHOOLS.

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SECTION 1. Each town shall annually in the month of March elect by ballot a superintending school committee consisting of one or three persons as the towns may elect, and whenever any town shall neglect to choose such committee as aforesaid, the selectmen shall before the twentieth of April appoint said committee. (R. S., chap. 73, sec. 1, amended by laws of 1851, chap. 1129.) SEC. 2. It shall be the duty of said committee to examine every person proposing to teach any district school in such town; to visit and inspect every school at least twice in each year; to inquire into the regulation and discipline thereof and suggest any necessary alterations; to examine the proficiency of the scholars and to use their influence that all the youth of each district attend and profit by the school therein. (R. S., chap. 73, sec. 2.)

SEC. 3. The superintending school committee, upon petition of a majority of the legal voters in any district for the dismission of a teacher, shall appoint a time and place of hearing, and notify the parties of said time and place, by causing a notice thereof in writing, signed by at least two of said committee, to be given to the teacher personally, and a like notice to be posted on the school house in said district at least twenty-four hours before said time of hearing; and, after such hearing, shall have power to dismiss the teacher or not, as in their judgment will best promote the interests of the district; and they shall dismiss every teacher who is unfit to teach, notwithstanding a certificate has been given, and such teacher shall be entitled to compensation until such dismission, but no longer. (Laws of 1845, chap. 225.)

SEC. 4. Such committee may, upon application of the teacher or any inhabitant of the district, dismiss any scholar from the school who will not conform to the reasonable regulations of the school; and it shall be unlawful for such scholar to return to or remain in said school until restored by the teacher or by the superintending school committee. (R. S., chap. 73, sec. 4.)

SEC. 5. If any person who shall have been dismissed from any school by the superintending school committee, agreeably to the provisions of the fourth section of this chapter, shall attend said school or visit the same, or in any way interrupt or disturb the same, (unless he shall have been first restored by the committee,) he shall for the first offence forfeit the sum of five dollars, and for

the second offence he shall forfeit the sum of ten dollars, and for the third offence he shall be imprisoned in the county jail for a term not less than ten days nor more than thirty days. (Laws of 1849, chap. 854.)

SEC. 6. When the number of scholars in any district amounts to fifty or more, such district at a meeting legally holden for that purpose, by a vote of three fourths of the legal voters present may divide said scholars into two or more divisions according to age or acquirements, or both, and may direct under what teacher each division shall be instructed; and when any school district in this State shall neglect or refuse to divide the scholars as aforesaid, the superintending school committee of said town shall on the petition of ten or more legal voters in said district divide said scholars as aforesaid, if in their opinion it is necessary. (R. S., chap. 73, sec. 6, amended by laws of 1850, chap. 983.)

SEC. 7. No person shall have a right to send to or receive any benefit from any school in a district in which he is not a resident, without the consent of such district. (R. S., chap. 73, sec. 7.)

SEC. 8. No person shall be employed as a school master unless he is a citizen of the United States, and shall produce a certificate from the superintending school committee of the town where such school is to be kept, that he is well qualified to instruct youth in the various branches required to be taught in an English school in this State, and produce satisfactory evidence of his good moral character. (Sec. 8.)

SEC. 9. No person shall be employed as a school mistress unless she shall produce a certificate from the superintending school committee of the town where the school is to be kept, that she is suitably qualified to teach the English language grammatically, and the rudiments of arithmetic and geography, and shall produce satisfactory evidence of her good moral character. (Sec. 9.)

SEC. 10. The district shall be liable for the wages of the teacher and for all contracts lawfully made by the prudential committee; but no person shall receive any compensation for teaching a district school without producing to the prudential committee the certificate by this chapter required. (Sec. 10.)

SEC. 11. Whenever two or more school districts in different towns are united for the purpose of schooling, it shall be competent for the teacher to procure the certificate of the superintending school committee of either town. (Laws of 1851, chap. 1117, sec. 1.)

SEC. 12. The superintending school committee shall determine and direct the class books to be used in the district schools of the town, and the parents, masters or guardians of the scholars attending such schools, shall supply scholars with the books so directed to be used. (R. S., chap. 73, sec. 11.)

SEC. 13. No book shall be directed to be used as a school book which is calculated to favor any particular religious or political sect or tenet. (Sec. 12.)

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