1848.

to cause such notice thereof to be given as he may deem necessary.

SEC. 2. Be it further enacted, That every person who is liable to taxation upon his property, shall have the right to vote at such meet- Right to vote. ing.

SEC. 3. Be it further enacted, That the inhabitants so entitled to

vote, whenever assembled in pursuance of the aforesaid notice, or Powers of inwhenever lawfully assembled at any other district meeting, shall have habitants. power by a majority of the votes of those present-first, to appoint a moderator for the time being. Second, to adjourn, from time to time, as occasion may require, to choose a district clerk, a district collector, and at the first meeting under this act, three trustees, who shall draw lots among themselves for their term of office--the expiration of the term of office of one shall be three years, that of the second two years, and the third one year; and annually thereafter one trustee only shall be elected, who shall hold his term of office for three years; and said officers shall, respectively, in case of failure to elect, hold their said offices until their successors are elected. If so voted by the meeting, the office of clerk can be filled by one of the trustees. Fourth, to appoint the time and place of holding annual meetings. Fifth, to designate a site for the district school house, or houses, should more than one be required. Sixth, to vote and lay such tax on the taxable inhabitants of the district as the meeting shall deem sufficient to purchase or lease a suitable site for a district school house or houses, and to build, hire, or purchase such school house or houses, and to keep in repair and furnish the same with necessary fuel, furniture, and appendages. Seventh, to repeal, alter, and modify their proceedings, from time to time, as occasion may require.

mitted.

SEC. 4. Be it further enacted, That no tax to be voted by a district meeting for building, buying, or purchasing a school house, shall Sum for sch'l exceed the sum of three hundred dollars, unless the superintendent of house to be lithe county shall certify in writing his opinion that a larger sum ought to be raised, and shall specify the sum; in which case, a sum not exceeding the sum so specified shall be raised.

SEC. 5. Be it further enacted, That, whenever a school house shall Site not to be have been built or purchased for a district, the site of such school changed. house shall not be changed, nor the building thereon be removed, without the consent in writing of the county superintendent.

SEC. 6. Be it further enacted, That when a new district shall be formed from one or more districts possessed of a school house or New districts other property, the county superintendent shall, at the time of form- formed. ing such new district, ascertain the amount justly due to it from the district or districts from which it may have been formed, as its proportion; which shall be ascertained according to the taxable property of the inhabitants of the respective portions at the time of the division, by the best evidence in the power of the county superintendent, deducting the amount of any debts owing.

SEC. 7. Be it further enacted, That such proportion, when ascer

1848. tained, shall be levied, raised, and collected, with the fees of collection, by the trustees of the district retaining the school house or other Proportion, property of the former district, upon the taxable inhabitants of their how to be le- district, in the same manner as if the same had been authorized by vied, &c. a vote of their district for building a school house; and when collected, shall be paid to the trustees of the new district, to be applied by them towards procuring a school house for their district; and the moneys so paid to the new district shall be allowed to the credit of the inhabitants who were taken from the former district, in reduction of any tax that may be imposed for a school house.

of school dis't.

SEC. 8. Be it further enacted, That it shall be the duty of the clerk of each school district to record the proceedings of district Duty of clerk school meetings in a book to be provided by the district-to give notice of special, adjourned and annual meetings--to preserve and keep the records, books, and papers of his office, and deliver them to his successor, and also to take charge of the school library, when there shall be one.

Refusal of of

fice of trustee.

said office.

SEC. 9. Be it further enacted, That every person duly elected to the office of trustee, who, without sufficient cause, shall refuse to serve therein, shall forfeit the sum of twenty dollars; and not having refused to accept, shall neglect the duties of his office, shall forfeit the sum of ten dollars.

SEC. 10. Be it further enacted, That in case of vacancy from Vacancy in any cause in the office of trustee, if the same shall not be supplied by a district meeting within one month thereafter, the county superintendent may appoint any suitable person residing in such district to fill such vacancy.

SEC. 11. Be it further enacted, That it shall be the duty of the Duty and pow-trustees of every school district, and they shall have the powerers of trustees First, To call special meetings of the inhabitants of such district liaof school dis- ble to pay taxes, whenever they shall deem it necessary and proper.

tricts.

Second, To direct their clerk to give notice of special, annual and adjourned meetings, by affixing a notice in writing, of the time and place for such meetings, upon the outer door of the school house, if there be a school house; if not, then upon some frequented public place, at least six days before the time appointed for such meeting. If there be more than one school house in the district, there shall be a notice affixed to the outer door of each. Third, To apportion the tax, voted by any district meeting, among the taxable inhabitants of the district, in proportion and according to the quantity and value of the taxable property owned by each of them, ascertained, as far as possible, from the last State assessment roll of the county. Fourth, To make out a tax list of every such tax, containing the names of the persons taxed, and the amount of tax payable by each, set opposite his name. Fifth, To annex to such list a warrant directed to the collector of the district, for the collection of the sums in such list mentioned, with two and a half cents on each dollar, for his fees. Sixth, To purchase or lease a site or sites for the district school

house or houses, as designated by a meeting of the district; and to build, hire or purchase, keep in repair and furnish such school house or houses, with a library or libraries, and other necessary appendages, out of the funds collected and paid to them for such purpose. Seventh, To have the custody and safe-keeping of the school house or houses. Eighth, To notify the county superintendent of the wish of their district for a teacher or teachers, and to recommend to him such teacher or teachers as they might think would suit the inhabitants of their district, to collect the residue of the wages of such teacher or teachers not provided for, out of the State and county school funds, by rate bills. Ninth, To make out a rate bill, in which each person shall be charged such proportion of the whole amount to be raised, as the number of children sent by him bears to the whole number of children having been in attendance upon school for the term; and to said bill, shall also add two and a half cents for each dollar, to be collected from each, to be collected by the collector for the fees of such collection. Tenth, To deliver such rate bill, . with the warrant annexed, to the collector of the district, who shall execute the same in like manner with other warrants, directed by them to him. Eleventh, To exempt from the payment of teachers' wages, such indigent persons, within the district, as they shall think proper, and to certify to the collector such exemptions. Twelfth, To ascertain, by examination of the school lists kept by the teachers, the number of children, days and length of time for which each person, not so exempted, shall be liable to pay for instruction or tuition, and the amount payable by each; the parent or guardian of every child withdrawn from school, without cause just and satisfactory to the trustee, shall be liable, unless exempted as indigent, for at least three months' tuition, if the term or session should so long continue. Thirteenth, To appoint a district clerk and collector whenever either of these offices become vacant, such clerk or collector, so appointed, to hold his office till the next district meeting. Fourteenth, To apply all moneys, received for the purpose, to the payment of the teachers' wages, salary or charges for tuition, as soon as the said wages, salary or charges for tuition become due. Fifteenth, When there is more than one school in a district, to apportion the children among the several schools.

1848.

Persons who are exempt fm

SEC. 12. Be it further enacted, That every taxable inhabitant of, a district, who shall have been, within five years, set off from any other school district by the county superintendent, without his con- school-tax. sent, and shall, within that period, have actually paid in such other district, under a lawful assessment therein, a district tax for building a school house or houses, shall be exempted, by the trustees of the district where he shall reside, from the payment of any tax for building a school house or houses therein.

SEC. 13. Be it further enacted, That every district tax shall be

assessed, and the tax list thereof be made out, by the trustees, within Tax list made one month after the district meeting, in which the tax shall have out by trustees been voted.

1848.

SEC. 14. Be it further enacted, That the warrant annexed to any tax list or rate bill, shall be under the hands and seals of the trustees Inhab❜ants not or a majority of them, and shall command the collector to collect, paying. from every person in such tax list or rate bill named, the sum set opposite his name; and in case any inhabitant shall not pay such sum on demand, to levy the same of his goods and chattels, in the same manner as an execution issued by a justice of the peace, together with his fees, and to make a return of such warrant within thirty days after the receipt thereof.

due.

SEC. 15. Be it further enacted, That, if the sum or sums of money payable by any person named in such tax list or rate bill, shall not Trustees may be paid by him, it shall and may be lawful for the trustees to renew sue for the s'm such warrant, in respect to such delinquent person; or in case such person shall not reside within their district at the time of making out such tax list or rate bill, or shall not reside therein at the expiration of such warrant, and no goods, or chattels, or lands can be found therein, whereon to levy the same, the trustees may sue for and recover the same in their name of office.

SEC. 16. Be it further enacted, That, where no property other Where there is than real estate can be found within such district, whereon to levy no property o- the same, the tax collector of such district shall send the amount due ther than real thereon to the tax collector of the county, who shall be required to

estate.

collect the same, in the same manner as other taxes in his county, adding thereto the expenses of collection-and when so collected, shall pay over the same to the collector of such school district.

SEC. 17. Be it further enacted, That the tax collector of each Bond of Tax school district shall give bond in the sum of five hundred dollars to the trustees by their name of office, conditioned for the faithful performance of the duties therein required.

Collector.

SEC. 18. Be it further enacted, That, if by the neglect of the collector, any moneys shall be lost to the district which might have Moneys lost been collected, within the time limited in the warrant delivered to by neglect.

Trustees to report.

him for their collection, he shall forfeit to his district the full amount of the moneys thus lost, and shall account for and pay over to the trustees such moneys, in the same manner as if they had been collected, and the trustees may recover the same in an action of debt or assumpsit, in their names, before any court having jurisdiction thereof.

SEC. 19. Be it further enacted, That the trustees of each school district, or a majority of them, shall, after the first day of January in every year, and on or before the first day of March thereafter, make and transmit a report in writing to the county superintendent for such county, dated on the first day of January, of the year in which it shall be transmitted.

SEC. 20. Be it further enacted, That every such report shall specify-first, the whole time any school or schools have been kept in What such re- their district during the year ending on the day previous to the date port shall spe- of such report. Second, the amount of moneys received during such year, and the manner in which such moneys have been expended.

cify.

Third, the number of children taught during the year. Fourth, the number of white children residing in the district, on the first day of. December previous to the making of such report, over the age of five and under the age of eighteen years, and the names of the parents or other persons with whom such children shall respectively reside, and the number of children residing with each.

1848.

Trustees to

SEC. 21. Be it further enacted, That all property now vested in the trustees of any school district for the use of schools in the dis- hold as a cortrict, or which may be hereafter transferred to such trustees for that poration. purpose, shall be held by them as a corporation.

Trustees to

SEC. 22. Be it further enacted, That the trustees of each school district shall, on the expiration of their offices, render to their successors in office, and to the district, at a district meeting, a just and true account, in writing, of all moneys received by them, respectively, for render acc't. the use of their district, and of the manner in which the same shall have been expended, which account shall be recorded in the district record book, to be provided for entering all the acts and proceedings of district meetings, and which district record book shall be kept by the clerk and delivered over to his successors.

SEC. 23. Be it further enacted, That any balance of snch moneys Mon'ys in h'nd which shall appear, from such account, to remain in the hands of the paid to succestrustees, or either of them, at the time of rendering the account, shall sors. immediately be paid to some one of their successors in office.

SEC. 24. Be it further enacted, That every trustee who shall re- On refusal to fuse or neglect to render such account, or to pay over any balance account. so found in his hands, shall, for each offence, forfeit the sum of twenty-five dollars.

Successors,

SEC. 25. Be it further enacted, That it shall be the duty of his successors in office to prosecute, without delay, in their name of of fice, for the recovery of such forfeiture; such forfeit money to be duty of. added to the fund of the district. They shall also sue for and recover any unpaid balance in the hands of a former trustee or his representatives; and shall be entitled to recover twenty-five per cent. interest on the balance so unpaid.

lowed to col

SEC. 26. Be it further enacted, That all bonds or securities, taken Bonds, &c. to by the trustees from the collector of their district, shall, on the expi- be delivered to ration of their office, be delivered over to their successors in office. successors. SEC. 27. Be it further enacted, That the collector of each school district shall be allowed two and a half cents on every dollar collected and paid over by him; and it shall be his duty to collect and per ct. alpay over to the trustees of his district, or some one of them, all moneys which he shall be required by warrant to collect, within the time limited by such warrant for its return, and take a receipt therefor. SEC. 28. Be it further enacted, That the trustees of every school Moneys not district shall be required to prosecute and sue for all moneys due paid over by their district, not paid over by the collector of the county or of their collectors. district, in the same manner as prescribed in the twenty-fifth section

of this chapter, relative to former trustees.

lector.