New Hampshire.

The compiled statutes of the state of New Hampshire: to which are prefixed ... online

. (page 20 of 80)
Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 20 of 80)
Font size
QR-code for this ebook

that have attended ; the branches of learning taught and the pro-
gress made. And no teacher shall be entitled to pay for his ser-
vices until this provision has been complied with. {Laws of 1846,
chap. 317, sec. 2.)

Sec. 20. It shall be the duty of all persons entrusted with or
engaged in the instruction of the young, diligently to impress
upon their minds the principles of piety and justice; a sacred re-
gard to truth, love of country, humanity and benevolence ; S9bri6ty,

Digitized by VjOO^ IC



[title XI.

industry and firagality ; chastity, moderation and temperance ; and
all other virtues which are the ornament and support of human
society ; and to endeavor to lead them into a pourticular under-
standing of the tendency of all such virtues to preserve and perfect
a republican form of government, to secure the blessings of liberty
and to promote their future happiness, and the tendency of the
opposite vices to degradation, ruin and slavery. (i£. &, chap. 73,
sec. 16.)



Chapter 1278, Laws of 1852.


1. Towns empowered to make all needfal
arrangements in relation to tmants,
&C. ; powers described.
Officers, liow appointed ; duties defined.
Minors between the ages of six and
sixteen may be committed to honse
of instroction, reformation, or other
place, &c




4. Minors nnable to pay fine maj be dia-

chaiged in certain cases.

5. Fine may be remitted bj giring bond

to attend school, paying ooets, Ac

6. Act to be in force in 80<^ towns and

cities as adopt it.

Section 1. Each of the several cities and towns in this State
be and they hereby are authorized and empowered to make all
needful provisions and arrangements concerning habitual truants
and children not attending school, without any regular and lawful
occupation, growing up in ignorance, between the ages of six and
sixteen years ; and also all such ordinances and by-laws respecting
such children, as shall be deemed most conducive to their welfare
and the good order of such city or town ; and there shall be an-
nexed to such ordinances suitable penalties, not exceeding for any
one breach a fine of ten dollars : provided^ that said ordinances
and by-laws shall not be repugnant to the laws of this State.

Sec. 2. The several cities and towns availing themselves of
the provisions of this act may appoint, in the same manner that
other officers axe appointed by said city or town, three or more
persons, who alone or any one of whom, shall be authorized to
make the complaints in every case of violation of said ordinances
or by-laws to the justice of the peace or other judicial officer who
by said ordinance shall have jurisdiction of the matter, which per-
sons, or one of them^ shall alone have authority to carry into ex-

Digitized by



eoation the judgments of said justiGe of the peace or other jadi-
dal officer.

Sec. 3. Any minor between the ages of six and sixteen years,
convicted under the provisions of this act, of being an habitual
truant, or of not attending school, or of being without any regular
and lawful occupation, Or growing up in ignorance, may at the
discretion of the justice of the peace or judicial officer having
jurisdiction of the case, instead of the fine mentioned in the first
section, be committed to any said institution of instruction, house
of reformation, or suitable situation as may be provided for the
purpose under the authority given in said first section, for such
time as such justice or judicial officer may determine, not exceed-
ing one year.

Sec. 4. Any minor convicted of either of said offences, and
sentenced to pay a fine as provided in the first section, may in de-
fault of payment thereof be committed to said institution, house
of reformation, or suitable situation provided as aforesaid, or to
the county jail, as provided in the case of non-payment of other
fines. And upon proof that said minor is unable to pay said fine,
and has no parent, guardian or person chargeable with his support,
able to pay the same, he may be discharged by said justice or
judicial officer, whenever he shall see fit.

Sec 5. If any minor convicted of any offence mentioned in
the foregoing act, shall, within twenty-four hours after said con-
viction and sentence, give a bond to said town or city in the penal
sum of twenty-five dollars, with good and sufficient sureties, to be
approved by said justice or other judicial officer before whom said
minor was convicted, that he will attend some district or other
school, in said town or city for one term that the same diall be in
operation next after said conviction and sentence, that he will vol-
untarily comply with all the regulations of said school, and will
be regular and constant in his attendance upon the same, except
in case of ill healthy and will at all times be obedient and respect-
ful to the teacher, said justice or other judicial officer shall have
power, upon the payment of all costs, and upon the filing of said
bond as aforesaid, to remit said fine.

Sec« 6. This act shall take effect and be in force in such towns
only as shall at some legal meeting adopt the sam^, and in such
cities as shall by their city government adopt the same, and make
such ordinances and by-laws as may be necessary to enforce its

Digitized by



BlOfl 80HOOLB.

[titlb XI.



CJhapter 220, Laws of 1845.
« 718, « « 1848.
« 729, « « 1848.


1. Districts may unite and form high

5. United districts made corporations.

3. Officers, how appointed.

4. FowerB of associated districts.

6. School money, how assigned.

6. Wliat branches of education fo be


7. Associated districts may raise money.

8. Act not4n force unless adopted by the


9. Any school district may adopt the

Somersworth act


10. Saperintending school committee,

how appmnted.

11. Districts containing 100 scholars maj

maintain high schools.

12. School meetings to be held in Mardw

13. Manner of calling meetings.

14. If prudential committee neglect

15. District of 100 scholars may adopt

chapter 81.

16. Selectmen to assess taxes.

17. Selectmen to lay oat land for school


Section 1. Any two or more contigoons school districts, in
any town or towns in this State, may associate together and form
a union for the purpose of establishing and maintaining a high
school or high schools, for the instruction of the older and more
advanced scholars belonging to the several associated districts;
but no vote of any district to associate with another or others,
shall be valid unless passed by two-thirds of the voters present at
a legal meeting called and holden for that purpose. {Laws of
1845, chap. 220, sec. 1.)

Sec. 2. When a union shall have been so formed, the associa-
ted districts shall be a body politic and corporate, under the name
of the high school associated districts of — (the town in which they
may be,) and shall have, possess, and enjoy all the powers and
privileges conferred, and be subject to all the duties and liabilities
imposed on school districts by the general laws of the State, ex-
cept as herein otherwise provided ; and all laws in relation to call-
ing meeting in school districts, and the officers thereof, and their
duties, shall be taken and deemed to be applicable to calling meet-
ings in high school associated districts, and to choosing officers
thereof, and their duties, except as is herein otherwise provided.
{Laws of 1845, chap. 220, sec. 2.)

Sec 3. The officers of high school associated districts shall be
a moderator, clerk and prudential committee. The several pru-
dential committees of the districts so associated, shall be members

Digitized by


CflAP« 79.] HIOH SCHOOLS. 188

of and constitate the pradential committee of the high school
associated districts ; but if in any district the pradential committee
shall consist of more than one person, then the chairman only of
sach committee shall be a member of the pradential committee of
the high school associated districts. Said last mentioned commit*
tee shall have power to determine the age and qualifications of the
scholars who may attend the high school or high schools, employ
teachers, and make rules and regulations for the studies and disci-
pline of such school or schools, which shall not, however, be in
force until approved by the superirilending school committee of
the town. (Laws of 1845, chap, 220, sec. 3.)

Sec 4. All high school associated districts shall have power
to purchase land for building school houses thereon; to build
school houses and other necessary buildings, to remove,, alter, re-
pair and furnish the same ; to hire school houses or other buildingSi
or rooms for keeping a high school or schools therein, and to raise
money for the several purposes aforesaid. And the mode directed
by the laws in force to be pursued to raise and collect money in
school districts for building school houses, shall be pursued in rais-
ing and collecting money for the above purposes in high school
associated dbtricts. (^Laws of 1845, chap. 220, sec. 4.)

Sbc. 5. A portion of the school money assigned by the select-
men to each of the school districts so associated, not exceeding
one fourth part of the same, shall be appropriated to the mainten-
ance of said high school or high schools, and shall be paid to the
pradential committee of the high school associated districts. And
said committee, in conjunction with the superintending school com-
mittee of the town, shall annually determine what portion of said
school money shall be appropriated and paid, which determination
shall be in writing and recorded. {Laws of 1845, chap. 220, sec. 5.)

Sec. 6. The teacher of every high school shall be competent to
instruct in all the branches of English education prescribed to be
taught in common schools, and shall be also competent to teach
history, philosophy, chemistry, botany, book keeping, surveyings
geometry, algebra, logic and rhetoric, all which branches, and also
the ancient and modern languages, may be taught in such high
schools. {Laws of 1845, chap. 220, sec. 6.)

Sec. 7. The said high school associated districts may raise
money to be appropriated exclusively to paying, in part, the sala-
ries of the teachers of the high schools therein ; the same proceed-
ings being had which are prescribed by law for raising and collect*
ing money to build school houses ; but no vote to raise money for
that purpose shall be valid unless passed by two thirds of the
voters present {Laws of 1845, chap. 220^ sec. 7.)

Sbc 8. This act (the seven preceding sections) shall apply to
sQch towns only as, at any meeting duly notified and held for that
purpose, shall have adopted its provisions ; an article being in-
serted for that purpose in the warrant for said meeting. {Laws of '
1845, chap. 220, sec. S, amended by laws of 1852, chap. 1231.)

Digitized by



Sec. 9. The proviaionB of the act passed Jnne nineteenth,
A. D., eighteen hundred and forty-eight, entitled an act relating to
school district number three in domersworth, (chapter eighty-one
of this compilation,) are hereby extended and made applicable to
all school districts which may adopt said act at legal meeting's
held for that pmpose, and all the aathority and power given in
and by the said act to school district number three in Somers-
worth, are hereby conferred upon any school district which may
adopt the same. (Laws, of 1848, chap. 718, see. 1.)

Sec. 10. Any school diitrict which may adopt the said act
(chapter eighty-one of the compilation,) may elect their own su-
perintending committee at any legal meeting held for that purpose
in the month of March annually, and in case such committee shall
not be chosen by the district, then the selectmen of the town in
which such district may be located, shall appoint a special super-
intending school committee for said district {Laws of 1848, chap.
718, sec. 2.)

Sec 11. When the number x>f scholars in any school district
riiall exceed one hundred, such district may vote to keep such high
school or schools therein as the interests of education may require.
This act (this section) shall not be so construed as to limit or im*
pair the powers conferred on school districts by an act entitled
^'an act to empower school districts to establish and maintain high
schools," approved December 19, 1848. ( Sections 9 a/nd 10 of this
chapter.) {Laws of 1848, chap. 729, sec. 3 and 4.)

Sec. 12. In those towns which have adopted or shall adopt
the provisions of chapter devenU-four of the revised statutes, in
relation to schools in the town ot Portsmouth, (the three first and
eleven last sections of chapter eighty of this compilation,) there
shall be in each school district a meeting of the inhabitants of said
district, qualified to vote in town affairs, holden annually in the
month of March, for the choice of school committee, and to trans-
act the other business of said district; and the prudential commit-
tee of said district shall issue their warrant, stating the time, place
and purposes of such meeting, directed to one of the constables of
said town, requiring him to notify said meeting. {Laws of 1846,
chap. 320, sec. 1.)

Sec. 13. The constable to whom said warrant is directed,
shall notify said meeting by posting up a copy of said warrant,
attested by himself, at least seven days prior to said meeting, in
one or more public places in said district, and shall make a return
of his doings therein to the secretary of said district on the day of
said meeting ; and said secretary shall record the same in the ree-
ords of said district. Special meetings may be called at any time
in the same manner. {Laws of 1846, chap. 320, sec. 2 and 3.)

Sec 14. If the prudential committee shall neglect to warn
mich annual meeting on or before the fifteenth day of March, or
shall neglect, for the space of ten days, after application made in
writing by ten or more voters of the district, to call any such spe-

Digitized by


CHAP. 80.]



dal meeting, any jnstice of the peace in such town npon a like
application, may call snch annual or special meeting, by issuing
hiB warrant and causing a copy thereof to be posted up, as herein
before prescribed. (Laws of 1846, chap. 320, sec. 4.)

Sec 15. Any school district having one hundred scholars or
more, which has adopted or may hereafter adopt the act relating
to school district number three in Somersworth (chapter eighty-one
of this compilation) shall be authorized at the annual meeting or
at any other meeting held for that purpose, to raise such sum of
money as they may deem necessary for the support of a high
school in such district. (Laws of 1850, chap. 989, sec. 1.)

Sec. 16. It shall be the duty of the selectmen of the town in
which such district is located, seasonably to assess the tax afore-
said upon the inhabitants and estates in such district, in the same
manner as school house taxes are raised, and cause the same to be
collected and paid over to the prudential committee of such dis-
trict {Laws of 1850, chap. 989, sec. 2.)

Sec. 17. Whenever the location for the school house and other
buildings for the use of the high school shall have been fixed upon
agreeably to the provisions of the seventy-first chapter of the re-
vised statutes, (seventy-five of this compilation) and the owner of
the land shall refuse to sell the same for a reasonable price, the
selectmen shall have power to lay out the same, not exceeding
one half acre of land, in the manner prescribed in the seventh sec-
tion of said seventy-first chapter, (seventy-five of this compilation.)
{Laws of 1850, chap. 989, sec. 3.)



Chapter 74 of the Revised Statutes.
« 497, Laws of 1847.

SxcnoN \



High schools to he kept


Qaalifications of teachers.


Prodential committee, how chosen.


Class hooks, how determined.


Pradential committee, duties.


Money, how apportioned.


To hare charge of high schools.


Town may raise more money.


To provide teachers, &c.


Neglect of selectmen to asse


Vacancies, how filled.



Beport to he made.


General school laws in force.


Seholart for high school selected.


Any town may adopt


Section 1. There shall be kept and maintained in the town
of Portsmouth, in addition to the district schools, at least two high

Digitized by



schools, one for males and the other for females, in which shall be
taught all the branches usually taught in an English grammar
school, with such additional blanches as the town may direct.
(R. S.y chap. 74, sec. 1.)

Sec. 2. The prudential committee of each district shall consist
of three or more persons, to be chosen by ballot by the district, the
first named of whom shall be chairman, and to hold their office
until the next annual meeting and until others are chosen and
qualified in their stead. (JR. iS., chap. 74, sec. 2.)

Sec. 3. They shall perform all the duties of the superintend-
ing school committee as well as of a prudential committee, except
as herein after specified, and sh&U determine and direct what class
books shall be used in their respective district schools, which shall
be furnished by the parents, master or guardian of any child at-
tending said school. {R. &, chap. 74, sec. 3.)

Sec. 4. The prudential committee of the several school dis-
tricts in the town of Portsmouth shall together constitute a super-
intending committee, of which the chairman of the prudential
committee in district number two shall be chairman, and shall
possess and exercise all the powers given by law to superintending
school committees in other towns in this State, so far as relates to
determining and directing the class books to be used in the district
schools. {Laws of 1847, chap. 497.)

Sec. 5. They shall examine and contract with the teachers of
the high schools, fix and pay their salaries, provide all necessary
fuel and apparatus for the schools, receive and appropriate the
money assigned to such schools, regulate the admission of scholars,
prescribe the class books to be used, and transact all other business
relating to the government of said schools. {R. S.^ chap. 74,
sec. 5.)

Sec 6. If there shall be a vacancy in either of said commit-
tees either from neglect to choose or any other cause, the selectmen
shall immediately fill such vacancy. {R. S.y chap. 74, sec. 6.)

Sec 7. Each prudential committee and the high school com-
mittee shall annually, on or before the first day of March, make a
report of their doings to the selectmen, containing an account of
their receipts and expenditures for the year, the number of scholars
under their control, the number of pupils of each sex belonging to
each school, the average number of each sex attending school,
their ages, the various branches of study taught in each school,
and the number of scholars in each branch and such other matters
as may serve to present a general view of the condition of each
school ; and the selectmen shall lay such reports before the town
at its annual meeting. (U. S., chap. 74, sec. 7.)

Sec 8. Said high schools shall be for the common benefit of
all the districts of said town, and each district may send an equal
proportion of scholars possessing the requisite qualifications, to
each of the high schools, under such regulations as may from time
to time be established by the high school committee, and this pro-

Digitized by



portion shall be determined as nearly as may be by the number of
pupils attending school in each district. {R. S.y chap, 74, sec, 8.)

Sbc. 9. No person shall be employed as a teacher in either of
said high schools who is not qualified to teach English grammar,
book-keeping, geometry, surveying, navigation, mensuration, alge-
bra, astronomy and natural history, beside the qualifications re-
quired of teachers of district schools. The town or the high school
committee may require such additional qualifications as they shall
think expedient {R, &, chap. 74, sec, 9.)

8bc. 10. The high school committee shall determine and direct
what class books shall be used in the several high schools, which
shall be furnished by the parents, master or guardian of every child
attending said school. {R. &, chap, l^^sec. 10.)

Sbc. 11. The selectmen shall annually assign and pay over to
the high school committee such portion of the school money as
they shall think sufficient for the support of said schools, or as the
town shall direct, and shall assign and pay over the balance to the
several district committees as nearly as may be in proportion to
the number of scholars in each district respectively. (R. £(., chap.
74, sec. 11.)

Sec 12. Said town at its annual meeting or at any meeting
called for that purpose, shall raise so much money as is necessary
for erecting, enlarging, repairing, purchasing, removing or hiring
school houses and other buildings for the accommodation of the
schools therein, with necessary furniture and apparatus, and the*
^selectmen shall assess such sum upon the polls and ratable estate
within the town, and shall cause the same to be collected like other
town taxes, and shall appropriate the same for the purposes for
which it was raised. {R. £»., chap. 74, sec. 12.)

Sec 13. If the selectmen shall neglect to assess, collect, appor-
tion, pay over or appropriate any sum of money in the manner
pvescribed by law, or if either oi* the committees aforesaid shall
neglect so to appropriate or shall misappropriate the same, the per-
son so offending shall be liable to the same penalty provided in
case of neglect of selectmen to assess and apportion school money.
(R. S., chap. 74, sec. 13.)

Sec 14. All the provisions contained in the general laws of
this State relating to schools, shall be in force in the town of
Portsmouth, except so far as the same are herein modified or re-
scinded. {R. S.y chap. 74, sec. 14.)

Sbc. 15. Any town at its annual meeting or at any meeting
lawfully called for the purpose, may adopt the provisions of this
chapter, which shall therein extend and apply to such town as fully
as to the town of Portsmouth. {R. &, chap. 74, sec. 15.)

Digitized by








Chapter 631, Laws of 184a


1. Selectmen to appoint raperintending

school committee.

2. Powers and dnties of said committee.

3. High schools may be established.

4. S. S. committee to divide scholars into

classes and prescribe their qoalift-


5. District may purchase land.

6. District may hire money.

7. General laws relating to scbooli,

consistent with this act, not in
in district.

8. Time act takes eflfect.

Section 1. Th6 selectmen of the town of Somerswortb sbaJl
annually, on or before the twentieth day of April, appoint a snpef-
intending school committee for school district nnrober three in
said town, consisting of not less than five nor more than seven, all
resident in said district, who shall hold their offices for one year
and until others are appointed in their place, and when any va-
cancy may occur in said committee, the same may at any time be
filled by appointmeYit by the selectmen.

Sec 2. Said committee shall choose a chairman and secretaij,
and shall be invested with all the powers and perform all the duties
in said district that superintending school committees are author-
ized or required to perform in towns, by virtue of any laws now
existing, or which may fi*om time to time exist in relation to supef-
intending committees of town schools. They may appoint sub-
committees from their own board, and prescribe their powers and
duties, and may adopt by-laws for their own government and for
regulating the schools in said district.

Sec. 3. There may be kept and maintained in said district one
or more high schools, in which may be taught all the branches
usually taught in English grammar schools, and such additional

Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 20 of 80)