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Sec. 11. If any vacancy shall occur in the oj£ce of clerk or
prudential committee from neglect to choose or any other cause,
the selectmen upon the application of one or more voters in such
district shall fill such vacancy, and the officers thus appointed shall
hold their offices until new ones are legally chosen and qualified,
and shall possess all the powers and be subject to all the duties
incident to said offices. (R. S.j chap. 70, sec. 9.)

Sec 12. It shall be the duty of the prudential committee to
select and hire teachers for the c&strict, provide for them board, fur-
nish necessary fuel, make such occasional repairs in the school
house and furniture as may be necessary, not exceeding in amount
five per cent, of the school money for the district, notify the super-
intending school committee of the commencement of the-summer
and winter school and give them all such information and assist-
ance as may be necessary for the performance of their duties.
(JR. S., chap. 70, sec. 10.)

Sec 13. If any member of the prudential committee is incom-
petent or irresponsible, or mi^anages the affairs of the district,
the selectmen on the petition of one fourth the legal voters of the
district may dismiss him from office, and cause him to be notified
of such dismission by solving to him in hand or leaving at his usual
place of abode in such district a written notice thereof. {R. &,
chap. 70, sec. 11.)

Sec 14. Whenever the selectmen of any town shall be ap-
plied to, to dismiss any member of any prudential committee of
any school district in said town, under said section [the thirteenth
section of this chapter] (Sec. 11, chap. 70, R. S.) they shall there-
upon assign a time and place of hearing, require of the petitioners
a specification of charge, and shall cause a notice of the time and
place of hearing, together with a copy of said specification, to be
served on the party accused, at least four days before the time of
hearing, by giving the same to him in person, or leaving the same
at his usual place of abode in said town. {Laws of 1846, chap.
319, sec. 1.)

Sec 15. On such hearing, the parties and witnesses' may be
examined by said selectmen on oath ; and if on such hearing the
selectmen shall be of opinion that the party accused is incompe-
tent, irresponsible or mismanages the affairs of the district, they
shall dismiss him — otherwise not. {Laws of 1846, chap. 319,
sec. 2.)

Sec 16. Whenever ten legal voters in any school district in
any of the towns or cities within this State shall, in writing, and
thirty days before the annual meeting in such district, apply to any
one of the committee having charge of the prudential affairs of
such district, requesting that a check list of the voters of such dis-
trict may be used at such annual meeting, it shall be the duty of
such committee to make and post up and correct a list of all the
legal voters in their respective districts, in the same way and man-



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SCHOOL HOUSES.



[title XL



ner that selectmen of towns are now reqoked to do in regard to
check lists in their respective towns ; and the check lists in said
districts so made out, posted up and conected, shall be used and
checked at said annual meeting, whenever a ballot is taken, in tlie
same way and manner as is now required by law in the election of
state officers. {Laws of 1861, chap. 1118, sec. 1.)

Sec. 17. Any school district in any town or city within thiB
State at any annual meeting thereof, may by a major vote adopt
this act, [the sixteenth section of this chapter] and when so adopt-
ed it shall be thereafterwards in force in such school district so
adopting the same, without said written application provided in
said sixteenth section. {Laws of 1851, chap. 1118, sec. 2.)



CHAPTER 75.

OP SCHOOL HOUSES.



COMPILED FROM

Chapter 71 of the Revised Statutes.
148, Laws of 1844.
224, " " 1845.
223, " « 1845.
729, « « 1848.
853, « « 1849.



it

u
u
u
ii
u



1286, « « 1862.



Sbctioh

1. School houses, how erected, repaired

and famished.

2. If Toters aggrieved, remedy.

3. Proceedings on sach hearing.

4. Costs, how allowed.

5. If districts do not agree on location.

6. If districts destitate, remedy.

7. If lot cannot be purchased, rentedy.



Seotiok

8. Proceedings recorded by selectmen.

9. Taxes, how assessed.

10. New invoice in certain cases.

11. Taxes of non-residents.

1 2. Districts, powers to bnild two or more

school houses, notice of meeting, Ac

13. Three or more roters aggrieved,

remedy.



Section 1. At any meeting legally holden for the purpose, any
district may vote to build, purchase, repair, alter or remove a school
house in and for such district and other necessary buildings there-
for, and to furnish the same with all necessary apparatus and fixr*
niture for the use of the school therein ; may decide upon the loca*
tion thereof and purchase land therefor not exceeding one acre,
may choose committees with powers to carry said votes into effect,
and may raise money therefor. {R. £(., chap. 71, sec. 1, amended
by laws of 1845, chap. 224.)



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CHAP. 75.] SCHOOL UOUMB8. 173

Ssa 2. If any three or more Yoteis in snch district are ag«
grieved by such location, they may apply by petition to the select-
men, who, if they think expedient, shall appoint a committee of
three or five qualified voters of the town not resident in the dis-
trict, to examine and report thereon. {R. &, chap. 71, sec. 2.)

Sbc. 3. Said committee shall appoint a time and place of
hearing said petition, and shall notify one or more of said petition-
ers, and also the prudential committee or clerk of the district there-
of^ and after such hearing, their report thereon, signed by them,
returned to the selectmen and recorded in the books of the town,
shall be binding upon said district as if such new location had been
made by a vote of the district ( JL S^ chap. 71, sec. 3.)

Sbc. 4. If such location is changed, costs shall be taxed
by the committee in favor of the petitioners for the reasonable
expenses of the committee and of the petitioners, which shall be
paid by the district ; if the location is not changed, the expenses
of the committee shall be paid by the petitioners. {R. &, chap.
71, sec. 4.)

Sec. 5. If at any meeting the district do not agree upon a
location for a school house, the selectmen upon the petition of
three or more voters in the district shall appoint a time and place
of hearing thereon, notify one or more of the petitioners and the
prudential committee or derk of the district thereof, and after such
hearing, their report designating a location, which shall be recorded
in the books of the town, shall be binding upon such district as if
made by a vote thereof. {R. S., chap. 71, sec. 5.)

Sec 6. If any district is destitute of a school house, or suffers
the same to be out of repair, or shall be ordered to remove or fit
up the same, or to raise any sum of money or do any act required
by law, and shall neglect so to build, repair, remove, or fit up such
school house, or raise such sum or do such act, the. selectmen upon
the petition of three or more voters resident in the district, stating
such facts, may assess and collect such sum of money as may be
necessary, and cause such house to be built, removed, repaired or
fitted up, such moneys to be expended and such orders to be exe-
cuted in such manner as they shall think expedient {R^ &, chap.
71, sec. 6.)

Sec. 7. If a suitable place for the location of a school house
is designated in either of the ways aforesaid, and the owner shall
refuse to sell the same for a reasonable price, the selectmen upon
petition therefor may lay out said lot not exceeding one half of an
acre, if in the opinion of the selectmen so much is needed f<»r that
purpose, and appraise the damages to the owner, and the i»roceed-
mgs thereon for obtaining increased damages in ease the owner i»
diMatisfied shall be the same as in case of a highway laid out l^
the selectmen. {R. &, chap. 71, sec. 7, amended by laws of 1849,
chap. 853.)

Sec 8. A record of the doings of the selectmen shall be made
by them in the books of the town, and upon payment or tender of



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174 SCHOOL HOUSES. [tITLB XT.

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 neg-
lect to use the same for two years successively. (jB. &, chap. 71,
sec. 8.)

Sec. 9. For the purposes aforesaid every person shall be taxed
in the district in which he lives, for his poU and all the personal
estate which he holds in the town, and all real estate in tiie town
shall be taxed in the district in which it is. (22. &, 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 pur-
poses. {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 sessioh 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 meet-
ing 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 accord-
ing to the provisions of chapter seventy-one of the revised statutes,
(this chapter.) {Laws of 1848, chap. 7!f9, sec. 2.)



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CHAP.



76.]



SCHOOL TAX.



175



CHAPTER 76-

OF ASSESSMENT AM) APPORTIONMENT OF THE SCHOOL TAX.
COMPILED FROM

Chapter 72 of the Revised Statutes.
" 705, Laws of 1848.
« 1300, " " 1852.
« 1308, « « 1852.



SlCTIOH

1. School tax, arnoont and assessment

2. Town may raise more monej.

3. Appropriation of money.

4. Money to be assigned.

5. Where gnardian and ward both re-

side in same town, ward's tax to



Section

be assigned to his district.

6. Neglect of selectmen, penalty.

7. Neglect of committee, penalty.

8. School, where to be kept.

9. Portsmoath, &c., excepted.



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 doUar 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 assess-
ed in the same manner. (R. &, 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 pur-
chase of necessary fuel for the school and occasional repairs as
specified in this title. (K &j chap. 72, sec. 3.)

Sec 4. The selectmen shall assign to each district a propor-
tion 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. II the selectmen of any town neglect to assess or as-
sign 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



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176



REGULATION OF SCHOOLS.



[tITLB XI.



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

Sec. 7. If the money so assigned and paid over to the pni-
dential committee of anv district, shall be by him not expended
according to law, he shall forfeit for each oiience a sum not less
than the sum so unexpended or not expended legally, and not ex-
ceeding twice said sum, to be recovered by indictment or by infor-
mation ; the cost to be paid to the county treasurer and the penal-
ty to be paid to the selectmen for the use of the district {R. &,
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, un-
less there be no school house, or the school bouse be out of repair
or not of sufficient size to accommodate the scholars ; in which
cases the prudential committee may, with the consent and appro-
bation of the selectmen, provide suitable rooms and conveniences
for the use of the school at the expense of the district {IL &,
chap. 72, sec. 7.)

Sec 9. The town of Portsmouth and such other iovms as le-
gally adopt the provisions of the chapter of this title made for the
town of Portsmouth, are exempted from the operation of the fore*
going provisions so far as the same relate to the mode of appro-
priation and expenditure of said school money. {IL S^ chap. 72,
sec. 8.)



CHAPTER 77.
OF THE BEGULATION, INSTRUCTION AND INSPECTION OP SCHOOLS*



COMPILED FBOU


Chapter 73 of the Revised Statutes.


«« 226, Laws of 1845.


« 226, «


« 1846.


« 317, «


« 1846. ♦


« 864, «


« 1849.


" 983, «


« 1850.


« 1117, «


« 1851.


" 1129, «


« 1861.


« 1229, «


«« 1862.


« 1304, «


"1852.



BxcnoK

1 SapeEintending oommittee appointed.
9. Duties of sndi cominittee.
3, To dieniM teachen incompeteat



Sbotioit

4. To difUkiis diiobedifBt idiolcil.
ft. Scholen diemissedf penahj kr
raptiog MhooL



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CHAP.



77.]



REGULATION OF B0HOOL8.



177



Sscnoir

6. Scholars may be classified.

Where scholars maj attend school.
Masters to be examined.
Mistresses to be examined.
Not to be paid nnless, &c.
When districts united in two towns,
teacher may procare certificate of
committee in either.
Class books, how determined.
Sectarian books prohibited.



7.

8.

9.
10.
11.



IS.
13.



Sactiox

14. Poor, children to be famished.

15. Superintending committee of towns

and the mayor and aldermen of any
city to famish books to poor chil-
dren in certain cases.

16. Report of snperintending committee.

17. Compensation of committee.

18. Committee, when paid.

19. Teachers, when paid.

20. Virtnes to be incalcated.



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 se-
lectmen shall before the twentieth of April appoint said commit*
tee. (iL iS., chap. 73,«ec. 1, amended by laws of 1851^ chap. 1129.)

Sbc. 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 yefir; 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.)

Sbc. 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 j^ime 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 teaeber
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 super-
intending 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 ofience forfeit the sum of five dollars, and for
12



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178 REOULATIOIf OF 8CHOOL8«. [tITLS XI.

the second offence he shall forfeit the sum of ten doUars, 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. &, chap. 73, sec
6, amended by laws of 1850, chap. 983.)

Sbc. 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 stich district. {R. &, 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
firom 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 nn*
less she shall produce a certificate firom the superintending scbool
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 com-
mittee ; 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 dis^cts in different
towns are united for the purpose of schooling, it shall be compe-
tent 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 scholan at-
tending such schools, shall supply scholars with the books so di*
rected to be used. (/£. £1., chap. 73, sec. 11.)

Sbc 13. No book shall be directed to be used as a school book
which is calculated to favor any particolar religious or political
sect or tenet (&c. 12.)



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OH A p. 77.] RBOULATION OP 8CHOOL8. 179

8bc« 14. If any poor child attending any district school is des-
titute of necessary class books, the selectmen shall provide such
books at the expense of the town upon application therefor. CSec.

13.)

Sec. 15. Whenever it shall conae to the knowledge of the

superintending school committee of any town, or to the knowledge
of the mayor and aldermen of any city in this State, that any
child attending any district school is destitute of the necessary
text books, and is poor and unable to procure the same, it shall be
the duty of said committee of any town, and the mayor and al-
dermen of any city in this State, to furnish the same forthwith at
the expense of said town or city. (^Laws of 1852, chap. 1229, as
amended by laws of 1852, chap. 1304.)

Sbc. 16. The superintending school committee shall make out
annually a report, and present the same to the town at its annual
meeting, stating the number of weeks which the public schools
have been kept in each district in summer and in winter, and what
portion thereof has been kept by male and what portion by female
teachers ; the whole number of scholars that have attended each
school ; the progress made in each school in the various branches
of learning; the number of children between the ages of four and
fourteen years in each district that have not attended school there-
in ; and the nunlber of persons in each district between the ages
of fourteen and twenty-one years who cannot read and write, with
such suggestions as may be useful upon the management of schools
and the subject of education. (R. &, chap. 73, sec. 14.)

Sbc. 17. Such committee shall receive from the town a reason-
able compensation for all services required by law to be performed
by them. ( Sec. 15.)

Sec 18. The superintending school committee shall receive
no compensation for their services until they shall have satisfied
the selectmen that they have attended to the duties and made
the reports by law required of them ; and no prudential committee
shall be authorized to receive the school money from the selectmen
until such committee shall have caused to be presented to said
selectmen the certificate required by law in reference to the quali-
fications of teachers by him employed. {Laws of 1846, chap. 317,
sec. 1.) jf

Sec 19. It shall be the duty of every teacher of a public
school to make, at the close thereof, a report to the superintending
committee of the town, of the number of scholars, male and female,



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