and shall either be read in open town meeting, in the month of February, March or April, or at the discretion of the school committee, shall be printed for the use of the inhabitants.1 the school fund, be apportioned of according to the sons between 5 number of per paid and 15. Ibid, $5. 32. The income of the Massachusetts school fund, to The income of the first day of June in each year, except the sum of two except, &c., to hundred and forty dollars appropriated to the support schools among the Indians, shall be apportioned by secretary and treasurer of the commonwealth, and over by the said treasurer on the tenth day of July, to the treasurer of the several cities and towns, for the use of the common schools therein, according to the number of per- Ibid, § 1. sons therein, between the ages of five and fifteen years, ascertained and certified as provided in the twenty-ninth section. Provided, however, that no such apportionment Proviso. shall be made to any city or town which shall have failed to comply with any of the provisions of this act, or which shall not have raised by taxation, for the support of schools, including only wages, and board of teachers, and fuel for the schools, during the said year, a sum equal at least to 1849, 117, § 3. one dollar and fifty cents for each person between the ages of five and fifteen years, belonging to said city or town, on the first day of May of said year. 2 1846, 223, § 5. com- Committees, Stat- their returns, state received from fund, 1850, c. 179. shall state, in 33. In addition to the returns required of school mittees, by the twenty-third chapter of the Revised utes, such committees shall hereafter be required to the sum or sums of money received from the school by their several towns and cities respectively; and also to specify the purposes to which such sums may have been appropriated. the amount the school fund. board of educa 34. It shall be the duty of the secretary of the board of Secretary of education to send the blank forms of inquiry, the school tion to transmit registers, the abstract of school returns, and the annual 1850, 41. 1 This section appears to supersede stat. 1838, 105, § 1. 2 By 1849, c. 117, § 4, nothing in the said act is to be considered as prohibiting the attendance upon the schools, of scholars under five or over fifteen years of age. 8 See § 28, p. 342, ante, and note to § 30, p. 344, ante. forms, &c. Clerks of cities and towns to distribute the same. 1849, 65, § 2. Abstracts of school returns to be made up by board of education. 1847, 183, § 1. City or town may withhold report of the board of education, and that of its secretary, to the clerks of the several towns and cities of the commonwealth, as soon as may be after they are ready for distribution. 35. It shall be the duty of the clerk of each of the several cities or towns to deliver the blank forms of inquiry, and the registers, when the same shall be received by him, to the school committee; it shall also be his duty to deliver one copy of the said abstract and reports to the secretary of the school committee of the city or town, to be by him carefully kept for the use of the said committee, and handed over to his successor in office; and also two additional copies of said reports, for the use of said committee; and further, it shall be the duty of the clerks of the several cities or towns to deliver one copy of the said reports to the clerk of each of the school districts in the respective cities or towns, to be by him deposited in the district school library, if there be one; and, if not, to be by him carefully kept for the use of the prudential committee, the teachers, and the inhabitants of the district, during his continuance in office, and then to be handed over to his successor; and, in case the city or town shall not be districted, the said reports shall be delivered to the school committee, and so placed by them that they shall be accessible to the several teachers, and to the citizens; and they shall be deemed to be the property of the town or city, and not of any officer, teacher or citizen thereof. 36. The abstracts of school returns, prescribed by the statute of eighteen hundred and thirty-seven, chapter two hundred and forty-one,1 shall hereafter be made up by the secretary of the board of education. 37. Any city or town may withhold such compensation compensation of as the school committee of such city or town are now autee, who fail to thorized, by law, to receive, if such town shall have for school commit make returns. Ibid, § 2. 1 Stat. 1837, c. 241, § 2, here referred to, provided, that the board of education should prepare and lay before the legislature, in a printed form, on or before the second Wednesday of January, annually, an abstract of the school returns received by the secretary of the commonwealth. feited its due portion of the income of the school fund through the failure of such committee to comply with the provisions of the law in relation to school returns, or to comply with the provisions of the thirty-first section.1 1848, c. 173. committees be in number, the 1849, c. 144. 38. Whenever, in consequence of vacancies occurring Where school in the school committee of any city or town in this com- come reduced monwealth, after the date of the warrant for the annual remaining members empowered town meeting for the election of their successors, or the to make returns. inability, arising after said date, of any of the members of said committee to act, such committee shall be reduced to a minority of its original number, the remaining members of said committee shall be competent to make the returns required to be made and transmitted to the office of the secretary of the commonwealth; and such returns shall be accompanied by a certificate of the person or persons so making them, setting forth the existence of such vacancies or disabilities, and the time when the same arose. provided, and school commit 1838, 105, § 6. 39. The board of education shall prescribe a blank form Registers to be of a register, to be kept in all the town and district schools transmitted to in the commonwealth; and the secretary of state shall tees. forward a sufficient number of copies of the same to the school committees of the respective towns; and said com- To be faithfully mittees shall cause registers to be faithfully kept in all said to form preschools, according to the form prescribed. kept, according scribed. tion to prescribe registers. 40. Instead of the school registers, in book form, now Board of educatransmitted to school committees, the secretary of the board form of school of education is hereby required to transmit registers in 1849, 209, § 1. such form as the said board shall prescribe; and no school No teacher entitled to pay, until teacher shall be entitled to receive payment for his or her the register of services, until the register of his or her school, properly completed, &c. filled up and completed, shall be deposited with the school committee, or with such person as they may designate to receive it. the school is R. S. c. 23, not to 41. Nothing contained in the twenty-third chapter of Provisions of the Revised Statutes shall affect the right of any corpora- affect funds, &c., tion, which is or' may be established in any town, to manage for supporting any estate or funds, given or obtained for the purpose of R. s. 23, § 59. 1 See note (2) to § 24, p. 342, ante. of corporations schools. Forfeiture if towns neglect to raise money for schools; and how appropri ated. Ibid, $ 60. School commit tee, &c., to re- Any city or town may appropriate money for in supporting schools therein, or, in any wise, to affect any such estate or funds; but such corporate powers and such estate and funds shall remain, as if the provisions in said chapter had not been enacted. 42. If any towns shall refuse or neglect to raise money for the support of schools, as required by the twenty-third chapter of the Revised Statutes, such town shall forfeit a sum, equal to twice the highest sum, which had ever before been voted for the support of schools therein; and, if any town shall refuse or neglect to choose a school committee to superintend said schools, or to choose, for the purposes before mentioned in the said chapter, prudential committees in their several districts, when it is the duty of the town to choose such prudential committee, such town shall forfeit a sum not less than one hundred nor more than two hundred dollars, which shall be paid into the treasury of the county; and one-fourth thereof shall be for the use of the county, and three-fourths thereof shall be paid by the county treasurer to the school committee of such town, if any, and if not, to the selectmen of the town, for the support of schools therein. 43. Every such school committee, or board of selectmen, shall forthwith receive, from the treasurer of the county, any money so payable to them, and shall apportion and appropriate the same, to the support of the schools of such town, in the same manner it should have been appropriated, if it had been regularly raised by the town for that purpose. 44. In addition to the grants of money for common further sums of schools which cities and towns are now, by law, authorized structing adults to make, any city or town may appropriate such further sums of money as it may deem expedient, for the support of schools for the instruction of adults in reading, writing, English grammar, arithmetic, and geography. in reading, &c. 1847, 137, § 1. Such moneys to 45. Such moneys shall be assessed, levied, collected, be assessed, &c. and paid into the treasury, in the same manner that other town or city taxes are, and shall then be at the disposal of in the same manner as taxes. Ibid, § 2. the school committee of the town or city, to be expended by them, for the purpose aforesaid, in such manner as they may deem expedient. &c., may raise purchase of li 1849, c. 81, § 1. 46. The inhabitants of any school district, in any city School districts, or town, and of any city or town not divided into school money for the districts, in this commonwealth, may, at any meeting called braries, &c. for that purpose, raise money for the purchase of libraries, and necessary school apparatus, in the same manner as school districts may now raise money for erecting and repairing school houses in their respective districts. hygiene to be 47. Physiology and hygiene shall hereafter be taught Physiology and in all the public schools of this commonwealth, in all cases taught in the in which the school committee shall deem it expedient. schools. examined in 48. All school teachers shall hereafter be examined in Teachers to be their knowledge of the elementary principles of physiology those branches. and hygiene, and their ability to give instructions in the same. Ibid, § 2. effect. 49. The two preceding sections shall take effect on When to take and after the first day of October, one thousand eight Ibid, § 3. hundred and fifty-one. for disturbing 1849, c. 59. 50. Every person who shall wilfully interrupt or dis- Punishment turb any school or other assembly of people, met for a law- school, &c. ful purpose, within the place of such meeting, or out of it, shall be punished by imprisonment in the county jail, not more than thirty days, or by fine not exceeding fifty dollars. unlawful exclu tion. 51. Any child, unlawfully excluded from public school Remedy for the instruction, in this commonwealth, shall recover damages sion of a child from public therefor, in an action on the case, to be brought in the school instrucname of said child, by his guardian or next friend, in any 1845, c. 214. court of competent jurisdiction to try the same, against city or town by which such public school instruction is supported. 1 Roberts v. Bos the ton, S. J. C. 1837, c. 147, 227, 241; 1838, 1 For other and general laws respecting schools, see R. S. c. 15, § 33; c. 23; c. 94, § 54; c. 97, § 22; 1836, c. 245; c. 55, 105, 154, 159, 189; 1839, c. 56, 137; 1842, c. 42, 60; 1843, c. 85; 1844, c. 6, 32; c. 99, 219; 1848, c. 10, 237, 274, 279, 283; 1849, c. 62, 81, 206, 215, 220; 1850, c. 115, 213, 286, 294, 301; some of which are, in whole or in part, repealed. See also Truants. March T. 1850. |