shall not then hold a certificate of qualification, dated within one year, from the town superintendent of common schools for the town in which such teacher shall be employed. 21 B., 252. ART. 3. tions as to neghbor S 13. No part of such moneys shall be apportioned or paid Restric to any separate neighborhood adjoining another state, unless separate it shall appear from the report of its trustees that all moneys hoods. received by them during the year ending at the date of such report have been faithfully applied, in paying for the instruction of children residing in such neighborhood. intendent apportion ment to be made. S 14. Whenever an apportionment of the public money State supershall not be made to any school district, in consequence of any may direct accidental omission to make any report required by law, or to comply with any other provision of law, or any regulation, the state superintendent may direct an apportionment to be made to such district, according to the equitable circumstances of the case, to be paid out of the public money on hand; or if the same shall have been distributed, out of the public money to be received in a succeeding year. Sec. 15 repealed by Laws of 1849, ch. 382. certain $ 16. The provisions of the foregoing section shall extend The foregoing proto all cases where a school district shall have been formed at vision such time previous to the first day of January, as not to have extended to allowed a reasonable time to have kept a school therein for districts. the term of four months, such district having formed out of a district or districts in which a school shall have been kept for four months by a teacher duly qualified, during the year preceding the first day of January. remaining of town tendents S17. All moneys apportioned by the town superintendent, Moneys to the trustees of a district, part of a district, or separate in the hands neighborhood, which shall have remained in the hands of the superintown superintendent for one year after such apportionment, how to be by reason of the trustees neglecting or refusing to receive the disposed of. same, shall be added to the moneys next thereafter to be apportioned by the town superintendent, and shall be apportioned and paid therewith in the same manner. remaining for two $ 18. In case any school moneys received by the town Moneys superintendent cannot be apportioned by him, for the term of in his hands two years, after the same are received, by reason of the non-years to be compliance of all the school districts in his town with the returned. provisions of this title, such moneys shall be returned by him to the county treasurer, to be by him apportioned and distributed, together and in the same manner with the moneys next thereafter to be received by him for the use of common schools. be made County $ 19. It shall be the duty of the town superintendent in Report to each town, between the first day of July and the first day of yearly to August in each year, to make and transmit to the county clerk clerk. a report. in writing, bearing date on the first day of July, in the year of its transmission, and stating, TITLE 2. Number of districts. Districts, parts and neighborhoods. Time a school has 1. The whole number of school districts and neighborhoods separately set off within the town: 2. The districts, parts of districts and neighborhoods from which reports shall have been made to him, or his immediate predecessor in office, within the time limited for that purpose: 3. The length of time a school shall have been kept in each been kept. of such districts or parts of districts, distinguishing what portion of that time the school shall have been kept by qualified teachers : Moneys received. Children taught. Whole amount of moneys received. How expended. Amount paid for teacher's wages, taxes levied, &c. Penalty for neglect. Duty of county clerh. Penalty for neglecting to report. 4. The amount of public moneys received in each of such districts, parts of districts and neighborhoods: 5. The number of children taught in each, and the number of children over the age of five and under sixteen years, residing in each: 6. The whole amount of moneys received by him, or his predecessor in office, during the year ending at the date of such report, and since the date of the last preceding report; distinguishing the amount received from the county treasurer, from the town collector, and from any other and what source: 7. The manner in which such moneys have been expended, and whether any, and what part remains unexpended, and for what cause: 8. The amount of money paid for teachers' wages, in addition to the public money paid therefor, the amount of taxes levied for purchasing school-house sites, for building, hiring, purchasing, repairing and insuring school-houses, for fuel and supplying deficiencies in rate bills, for district libraries, or for any other purposes allowed by law, in the districts, parts of districts and neighborhoods from which reports shall have been received by him or his immediate predecessor in office, with such other information as the state superintendent may from time to time require, in relation to the districts and schools within his town. $20. Town superintendents who neglect to furnish the information required by the last preceding section, shall severally forfeit to the town for the use of the common schools therein, the sum of ten dollars, to be sued for by the supervisor of the town. S21. In case the town superintendent in any town shall not, on or before the first day of August, in any year, make such report to the clerk of the county, it shall be his duty to give immediate notice of such neglect to the clerk of such town. S22. The town superintendent neglecting to make such report within the limited period, shall forfeit to the town, for the use of the common schools therein, the sum of ten dollars; and the share of school moneys apportioned to such town for the ensuing year, may, in the discretion of the state superintendent be withheld, and be distributed among the other towns in the same county, from which the necessary reports shall have been received. ART. 8. and sure $23. When the share of school moneys apportioned to a Superintown, shall thus be lost to the town, by the neglect of its town tendent superintendent, the town superintendent guilty of such ties to be neglect, and his sureties shall be liable for the full amount so lost with interest. liable. when to $ 24. It shall be the duty of the supervisor of the town, Supervisors upon notice of such loss, from the state superintendent or prosecute. county treasurer, to prosecute without delay, in the name of the town, for such forfeiture; and the moneys recovered shall be distributed and paid by such supervisor to the several districts, parts of districts, or separate neighborhoods of the town, in the same manner as it would have been the duty of the town superintendent to have distributed and paid them, if received from the county treasurer. true $25. The town superintendent in each town, shall keep a A just and just and true account of all school moneys received and account to expended by him during each year for which he shall have be kept. been chosen, and shall lay the same before the board of auditors of town accounts at the annual meeting of such board, in each year. be rendered sors in $ 26. The town superintendent of common schools in each Accounts to town shall, within fifteen days after the termination of his to succesoffice, render to his successor in office, a just and true account, office. in writing, of all school moneys by him received, before the time of rendering such account, and of the manner in which the same shall have been appropriated and expended by him; and the account so rendered shall be delivered by such successor in office to the town clerk, to be filed and recorded in his office. money to be $27. On rendering such account, if any balance shall be Balance of found remaining in the hands of the town superintendent, the paid over. same shall immediately be paid by him to his successor in office. in case part has been $28. If such balance, or any part thereof, shall have been Provision appropriated by the town superintendent to any particular of balance school district, part of a district or separate neighborhood, applied. and shall remain in his hands for the use thereof, a statement of such appropriation shall be made in the account so to be rendered, and the balance paid to such successor in office, shall be paid over by him, according to such appropriation. in office unpaid. $29. Such successor in office may bring a suit in his name Successors of office for the recovery, with interest, of any unpaid balance of may sue for school moneys, that shall appear to have been in the hands balances of any previous town superintendent on leaving his office, either by the accounts rendered by such town superintendent, or by other sufficient proof, and in case of the death of such town superintendent, such suit may be brought against his representatives. hold pro $ 30. The town superintendent in each town, shall have the Power to powers and privileges of a corporation, so far as to enable perty for him to take and hold any property transferred to him for the schools. use of common schools in such town. use of TITLE 2. Pay of intendent. $31. The town superintendent shall be entitled to receive town super- one dollar and twenty-five cents per day for every day actually and necessarily devoted by him in his official capacity, to the service of the town for which he may be chosen, the same to be paid in like manner as other town officers are paid. Town clerks to receive and keep reports, &c. To receive estimates. To give notice about report. School inspector. To examine candidates. As to learning and moral character. Certificate Of the duty of town clerks. S32. It shall be the duty of the town clerk of each town, 1. To receive and keep all reports made to the town superintendent from the trustees of school districts, and all the books and papers belonging to the town superintendent, when required, and to file them in his office: 2. To receive all his estimates and apportionments of school money, and to record the same in a book to be keep for that purpose: 3. To notify the town superintendent, upon receiving notice from the county clerk that he has not made his annual report, for the purpose of making such report. ARTICLE FOURTH. OF INSPECTION AND SUPERVISION BY TOWN SUPERINTENDENTS. SEC. 33. School inspector. 34 & 35. To examine teachers. .36. To give certificate of qualification. 37. Certificate may be annulled. 38. Re-examination may be required. 39. Note of annulling to be filed. 40. District in two towns. 41. Schools how often to be visited. 42. How then examined. $ 33. The town superintendent in each town shall be the inspector of common schools therein. $34. It shall be his duty to examine all persons offering themselves as candidates for teaching common schools in such town. $35. In making such examination, it shall be the duty of the town superintendent to ascertain the qualifications, of the candidate, in respect to moral character, learning and ability. $36. If he shall be satisfied in respect to the qualifications when to be of the candidate, he shall deliver to the person so examined, a certificate signed by him, in such form as shall be prescribed by the state superintendent. given. Certificates may be annulled. Re-examination may $37. The town superintendent may annul any such certificate given by him or his predecessors in office, when he shall think proper, giving at least ten days' previous notice in writing to the teacher holding it, and to the trustees of the district in which he may be employed, of his intention to annul the same. 10 B., 290; 17 B., 299. S38. The town superintendent, whenever he shall deem it be require necessary, may require a re-examination of all or any of the teachers in his town, for the purpose of ascertaining their qualifications to continue as such teachers. ART. 5. filed with $39. The annulling of a certificate shall not disqualify Note to be the teacher to whom it was given, until a note in writing county thereof, containing the name of the teacher, and the time when clerk. his certificate was annulled, shall be made by the town superintendent, and filed in the office of the town clerk. as to dis tricts comparts of posed of two or more $ 40. When any school district shall be composed of parts Provision of two or more towns, the town superintendent of the town in which the school house of such district may be situated, shall examine into and certify the qualifications of any towns. teacher offering to teach in such district, in the same manner as is provided by the preceding sections of this article, and may also in the same manner annul the certificate of such teacher; and no school-house shall be erected so as to stand on the division lines of any two or more towns. how often visited. $ 41. It shall be the duty of the town superintendent to Schools visit all such common schools, within his town, as shall be to be organized according to law, at least twice a year, and oftener if he shall deem it necessary. examined, S 42. At such visitation, the town superintendent shall How to be examine into the state and condition of such schools, both as &c. respects the progress of the scholars in learning, and the good order of the schools; and may give his advice and direction to the trustees and teachers of such schools as to the government thereof, and the course of studies to be pursued therein. ARTICLE FIFTH. OF THE FORMATION AND ALTERATION OF SCHOOL DISTRICTS. SEC. 43. Districts, how to be made or altered. 44. Joint districts. 45. Alteration in districts, when to take effect. 46. Special district meetings. 47, 48 & 49. Repealed. 50. When districts are consolidated. 51. Repealed. 52. Money of annulled districts. 53. Debts of dissolved districts. 54, 55. Forming new districts. 58. Inhabitants to meet. 59. Who qualified to vote. 60. Voter may be challenged. 61. Penalty for false voting. 62. Power of the district meeting. 63. Trustees to be divided into classes. 64. Notice of district meetings. 65. Annual district meeting. 66. Neglect to hold annual meeting. 67. Vacancy in office of district clerk. 68. Loss of the district records. |