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and how tilled.

commissioner, shall give notice thereof to the county judge or, if that office be vacant, to the superintendent of public instruction. In case of a vacancy the county judge, or if there be no county judge, then the superintendent shall appoint a commissioner, who shall hold his office until the first of January succeeding the next general election, and until his successor who shall be chosen at such general election shall have qualified. A person elected to fill a vacancy shall hold the office only for the unexpired term. § 6, tit. 2, ch. 555, 1864, as amended by § 1, ch. 647, 1865.

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Trustee, who ineligible to office of. '

SEC. 106. No school commissioner or supervisor is eligible to the office of trustee, nor can either be a member of any board of education within his district or town; and no trustee can hold the office of district clerk, col. lector or librarian. $ 23, tit. 7, ch. 555, 1864.

School officer to be a resident. School offSchool offi- Sec. 107. Every district and neighborhood officer must resident. be a resident of his district and neighborhood, and quali.

fied to vote at its meetings. § 24, same tit.

cer to be a

Term of office.

Term of office.

SEC. 108. From one annual meeting to the next is a year, within the meaning of the following provisions : The terın of office of a trustee of a neighborhood, and a sole trustee of a district is one year. The full terın of a joint trustee is three years, but a joint trustee may be elected for one or for two years, as herein provided. The term of office of all other district and neighborhood officers is one year. Every district and neighborhood officer shall hold his office unless removed, during his term of office, and until his successor shall be elected or appointed. $ 25, same tit.

Expiration of office. Expiration SEC. 109. The terms of all officers elected at the first

meeting of a newly erected neighborhood or district, except of a union free school district, shall expire on the second Tuesday of October, next thereafter. $ 26, same tit.

of office.

the num

Trustees, the number, how determined.

Sec. 110. On the second Tuesday of October next after Trustees, the erection of a district, at its first annual meeting, the ber, how electors shall determine by resolution, whether the dis- mined. trict shall have one or three trustees, and if they resolve to have three trustees, shall elect the three for one, two and three years respectively, and shall designate by their votes, for which term each is elected ; thereafter in such district, one trustee shall be elected at each annual meeting to fill the office of the outgoing trustee. The electors of any district having three trustees shall have power to decide by resolution, at any annual meeting, whether the district shall have a sole trustee or three trustees, and if they resolve to have a sole trustee, the trustee or trustees in office shall continue in office until their term or terms of office shall expire, and no election of a trustee shall be had in the district until the offices of such trustee or trustees shall become vacant by the expiration of their terms of office or otherwise, and thereafter but one trustee shall be elective for said district, until the electors of a district, having one trustee shall determine at an annual meeting, by a two-third vote of the legal voters present thereat, to have three trustees; in which case they shall, upon the adoption of such resolution, proceed to elect three trus tees in the same manner as provided in this section for the election of three trustees at the first annual meeting after the erection of a district; and thereafter in such dis trict one trustee shall be elected for three years at each annual ineeting, to fill the office of the outgoing trustee. $ 27, tit. 7, ch. 555, 1864, as amended by ch. 173, 1878. Officer elected, notice to.

SEC. 111. It shall be the duty of the district clerk, and officer of the neighborhood clerk, or of any person who shall act notice to. as clerk at any district or neighborhood meeting, when any officer shall be elected, forthwith to give the person elected notice thereof in writing; and such person shall be deemed to have accepted the office, unless, within five days after the service of such notice, he shall file his written refusal of it with the clerk. The presence of any such person at the meeting which elects him to office shall

be deemed a sufficient notice to him of his election. § 28, tit. 7, ch. 555, 186+, as amended by g 11, ch. 406, 1867. Collector, office of, when deemed vacant.

Sec. 112. The collector vacates his office by not executing a bond to the trustees, as hereinafter required, and the trustees may supply the vacancy. § 29, tit. 7, ch. 555, 1861.

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Trustee, when supervisor may appoint.

Sec. 113. In case the office of a trustee shall be vacated by his death, refusal to serve, incapacity, removal from the district or neighborhood, or by his being removed from the office, or in any other manner, and the vacancy be not supplied by a district or neighborhood meeting within one month thereafter, the supervisor of the towni within which the school-house or principal school-house of the district is, or within which the neighborhood or any part thereof is, may, by a writing under his hand, appoint a competent person to fill it. § 30, same tit.

Trustee, when

deemed vacant.

Trustee, when office of deemed vacant.

SEC. 114. A trustee who publicly declares that he will ottice of not accept or serve in the office of trustee, or who refuses

or neglects to attend three successive meetings of the buard, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees, or trustee, where there are but two, vacates his office by refusal to serve. $ 31, same tit.

Vacancy in office of clerk, etc. Vacancy in Sec. 115. Any vacancy in the office of district clerk, clerk, etc. collector, or librarian, may be supplied by appointment

under the hands of the trustees of the district, or a
majority of them, and the appointees shall hold their
respective offices until the next annual meeting of the
district, and until others are elected and take their places.
$ 32, same tit.
Vacancy, appointment to fill.

Sec. 116. Every appointment to fill a vacancy shall be forthwith filed, by the supervisor or trustees making it, in the office of the district clerk, who shall imme


Vacancy, appointment to All.

diately give notice of the appointment to the person appointed. $ 33, tit. 1, ch. 555, 1864.

Penalty for refusing to accept or perform duties of office.

Sec. 117. Every person chosen or appointed to a school Penalty for district office, who, being duly qualified to fill the same, accept or shall refuse to serve therein, shall forfeit five dollars; duities of and every person so chosen or appointed, who, not having refused to accept the office, sh all willfully neglect or refuse to perform any duty thereof, shall by such neglect or refusal vacate his office and shall forfeit the sum of ten dollars. These penalties are for the benefit of the common schools of the town. $ 34, same tit.

tion, how

Resignation, how accepted.

SEC. 118. But the supervisor of the town wherein any Resignasuch person resides may accept his written resignation of accepted. the oflice, and the filing of such resignation and acceptance in the office of the district clerk shall be a bar to the recovery of either penalty in the last preceding section mentioned; or such resignation may be made to and accepted by a district meeting. $ 35, same tit.

to be kept.

Record of proceedings, how to be kept.

Sec. 119. The neighborhood clerk shall keep a record Record of of the proceedings of his neighborhood, and of the re-ings, how ports of the trustee, and deliver the same to his successor. In case such neighborhood shall be annexed to a district within the State, its records shall be filed in the office of the clerk of such district. $ 36, same tit.

Duties of district clerk.
Sec. 120. It shall be the duty of the clerk of each school Duties of

district district: * * * * * * clerk.

5. To give notice immediately to every person elected or appointed to office of his election or appointment; and also to report to the town clerk of the town in which the school-house of his district is situated, the names and post-office address of such officers, under a penalty of five dollars for neglect in each instance. As ainended by § 10, ch. 647, 1865.

6. To notify the trustees of every resignation duly accepted by the supervisor. * * *

10. To call special ineetings of the inhabitants whenever all the trustees of the district shall have vacated their office. Part of $ 37, title 7, ch. 555, 1864, as amended by $ 10, ch. 647, 1865.

officers to

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Election of officers to be by ballot, when. Election of SEC. 121. In all school districts in this State, in which be by bal- the number of children of school age exceeds three

hundred, as shown by the last annual report of the trustees to the school commissioner, all district officers, except the treasurer and collector of union free school districts, shall be elected by ballot. § 1, ch. 248, 1878, entitled “ An act in relation to the election of officers in certain school districts.Passed May 13, 1878; three-fifths being present.

Election, time and place of holding.

Election, time and place of holding.

Sec. 122. Such election shall be held on the Wednesday next following the second Tuesday in October in each year, between the hours of twelve o'clock, mid-day, and four o'clock in the afternoon, at the principal school-house in the district, or at such other suitable place as the trustees may designate. When the place of holding such election is other than at the principal school-house, the trustees shall give notice thereof by the publication of such notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. The trustees may, by resolution, extend the time of holding the election from four o'clock until sun. set. § 2, ch. 248, 1878, as amended by ch. 405, 1879.

Election, Inspectors of

Election, inspectors of.

SEC. 123. The trustees or board of education, or such of them as may be present, shall act as inspectors of election, and immediately after the close of the polls shall proceed to canvass the votes and declare the result. If any such district shall have but one trustee, the district clerk shall be associated with him as such inspector. If a majority of the trustees shall not be present at the time

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