And if the same be issued by any mayor, justice, or sheriff, it should be under his hand and seal, and otherwise varied to suit the circumstances of the case.

cers and soldiers

orders.

14. The officer to whom the order to [of] the com- Penalty on offimander in chief, or such precept shall be directed, shall for disobeying forthwith, order the troops therein mentioned, to parade at Ibid, § 28. the time and place appointed; and if he shall refuse or neglect to obey such order or precept, or if any officer shall neglect or refuse to obey an order issued in pursuance thereof, he shall be cashiered, and be further punished by fine or imprisonment, not to exceed six months, as a court martial may sentence. And any non-commissioned officer or soldier who shall neglect or refuse to appear at the place of parade to obey any order in such case, or any person who shall advise or endeavor to persuade any officer or soldier to refuse or neglect to appear at such place, or to obey such order, shall suffer the penalty provided in such case in the twelfth section.

pear with ammu

nition, &c.

15. Such troops shall appear at the time and place ap- Troops to ap pointed, armed and equipped, and with ammunition, as for inspection of arms, and shall obey and execute such orders as they may then and there receive, according to law.1

Ibid, $29.

STATUTES.

SCHOOLS.

1. What schools shall be provided by every town.

2. What by towns of 100 families.

3. What by towns of 150 familics.

4. What by towns of 500 families.

500 families, except, &c. In
towns of 4,000 inhabitants.

6. Towns within the 5th section,
but containing less than 8,000
inhabitants, exempted from its
requirements, on certain con-
ditions.

5. Additional school in towns of 7. Towns of less than 500 fami

1 See Rev. Stat. c. 12, §§ 134-136, c. 130, § 17; 1838, c. 143; 1847, c. 104; 1849, c. 59; and 1821, 110, § 4, (p. 4. § v, ante.)

10. Towns may raise money for 31. School committee to make, an

16. Authority of committee as to 34. Secretary of board of educa

17. Parents, &c., to supply the 35. Clerks of cities and towns to distribute the same.

18. Books may be provided by the 36. Abstracts of school returns to be made up by board of education.

28. Committees to make returns to 41. Provisions of R. S. c. 23, not

44. Any city or town may appro- | 50.
priate further sums of money

for instructing adults in read- 51.
ing, &c.

45. Such sums to be assessed, &c.,
in the same manner as taxes.
46. School districts, &c., may raise
money for the purchase of libra-
ries, &c.

47. Physiology and hygiene to be taught in the schools.

48. Teachers to be examined in those branches.

49. When to take effect.

Punishment for disturbing
school, &c.

Remedy for the unlawful ex-
clusion of a child from public
school instruction.

ORDINANCE.

1. School committee to elect and
remove instructors, and deter-
mine their salaries, &c.

2. To apportion salaries of in-
structors, so as not to exceed
the appropriations made by
city council.

shall be provid

town.

1. In every town1 in this commonwealth, there shall What schools be kept, in each year, at the charge of the town, by a ed by every teacher or teachers of competent ability and good morals, 1839, 56, § 1. one school for the instruction of children in orthography, reading, writing, English grammar, geography, arithmetic, and good behavior, for the term of six months, or two or more such schools for terms of time which shall together be equivalent to six months; and in every school in this commonwealth containing fifty scholars as the average number, the school district or town to which such school belongs shall be required to employ a female assistant or assistants, unless such school district or town shall, at a meeting regularly called for that purpose, vote to dispense with the

same.

of 100 families.

2. In every town, containing one hundred families or What by towns householders, there shall be kept in each year one such R. s. 23, 2 school,2 for the term of twelve months, or two or more such schools, for terms of time, that shall together be equivalent to twelve months.

3. In every town, containing one hundred and families or householders, there shall be kept in each

fifty What by towns year Ibid, § 3.

of 150 families.

1 The word "town" may be construed to include "cities," &c. Rev. Stat. c. 2. § 6, clause 17.

2 The word "such" in this section refers to the first part of § 1, ending with the words "equivalent to six months," which follows the language of Rev. Stat. c. 23, § 1. The remainder of § 1, was first enacted in 1839.

What by towns of 500 families. Ibid, § 4.

Additional

school in towns

except, &c. Ibid, § 5.

two such schools, for nine months each, or three or more such schools, for terms of time, that shall together be equivalent to eighteen months.

4. In every town, containing five hundred families or householders, there shall be kept in each year two such schools for twelve months each, or three or more such schools, for terms of time, that shall together be equivalent to twenty-four months.

5. Every town, containing five hundred families or of 500 families, householders, shall, besides the schools prescribed in the preceding section, maintain a school, to be kept by a master of competent ability and good morals, who shall, in addition to the branches of learning before mentioned, give instruction in the history of the United States, book-keeping, surveying, geometry and algebra; and such last mentioned school shall be kept for the benefit of all the inhabitants of the town, ten months at least, exclusive of vacations, in each year, and at such convenient place, or alternately at such places in the town, as the said inhabitants In towns of 4000 at their annual meeting shall determine; and in every town containing four thousand inhabitants, the said master shall, in addition to all the branches of instruction, before required in this chapter, be competent to instruct in the Latin and Greek languages, and general history, rhetoric and logic. 6. Towns coming within the requirements of the prebut containing ceding section, but of less than eight thousand inhabitants inhabitants, ex- by the next preceding decennial census, may be exempt from requirements, on said requirements: provided, that they maintain, in each

inhabitants.

Towns within the 5th section,

less than 8000

empted from its

certain con

ditions. 1850, 274.

year, two or more schools, in such districts as the school committee shall approve, for terms of time that shall, together, be equivalent to twelve months, and for the benefit of all the inhabitants, kept by masters who, in addition to the branches of instruction enumerated in the first section of said chapter, shall be competent to give instruction in the history of the United States, book-keeping, surveying, geometry, and algebra, and also, in towns containing four thousand inhabitants, in the Latin and Greek languages, general history, rhetoric and logic: provided, also, that no one of said schools shall be kept for a less term than three months.

than 500 families

such school as

7. Any town, containing less than five hundred families Towns of less or householders, may establish and maintain such a school may maintain as is first mentioned in the fifth section, for such term of mentioned in § 5. R. S. 23, § 6. time, in any year, or in each year, as they shall deem expedient.

tors.

See also Consti

tution, ch. 5, § 2.

8. It shall be the duty of the president, professors, and Duty of instructutors of the university at Cambridge, and of the several R. S. 23, § 7. colleges, and of all preceptors and teachers of academics, and all other instructors of youth, to exert their best endeavors, to impress on the minds of children and youth, committed to their care and instruction, the principles of piety, justice, and a sacred regard to truth, love to their country, humanity and universal benevolence, sobriety, industry, and frugality, chastity, moderation, and temperance, and those other virtues, which are the ornament of human society, and the basis upon which a republican constitution is founded; and it shall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above mentioned virtues to preserve and perfect a republican constitution, and secure the blessings of liberty, as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices.

9. It shall be the duty of the resident ministers of the gospel, the selectmen, and the school committees, in the several towns, to exert their influence, and use their best. endeavors, that the youth of their towns shall regularly attend the schools established for their instruction.

Duty of minisofficers.

ters and town

R. S. 23, § 8.

raise money for

Ibid, $ 9.

10. The several towns are authorized and directed, at Towns may their annual meetings, or at any regular meeting called for schools. the purpose, to raise such sums of money, for the support of the schools aforesaid, as they shall judge necessary; which sums shall be assessed and collected in like manner as other town taxes. 1

11. The school committee of the city of Boston shall School commitconsist of the mayor, of the president of the common coun- 1835, 128, § 1.

1 See also § 44, p. 348, post.

tee of Boston.