.

interest to be made to the committee of such districts. (No. 7 of 1844.)

SECT. 82. If there shall be more than one school district in any unorganized town or gore, the same rule shall be observed in apportioning the money among the districts, as in organized towns. (Sec. 2 of No. 33 of 1845.)

SECT. 83. Whenever there shall be, from time to time, a new census of the population of this state, under the authority of the United States, or of this state, the treasurer shall make a new apportionment, of the moneys so deposited, among the several towns. (Sec. 44 of R. S.)

SECT. 84. Whenever, on a new apportionment, it shall be found, that any town shall have more of such moneys than its just proportion, the treasurer shall have a right to demand and recover from such town the amount of such excess; and if it shall be found that any town shall have less than its just proportion, it shall be the duty of the treasurer to make up the deficiency, and pay over the same to such town. (Sec. 45 of R. S.)

SECT. 85. The several towns shall, at each annual meeting, elect one or more trustees, not exceeding three, in the same manner other town officers are elected, whose duty it shall be to receive, take care of and manage the money deposited with the respective towns; and they shall, at each annual meeting of their respective towns, make a full report of the condition and situation of the deposit money received by them. (Sec. 1 of No. 13 of 1842.)

SECT. 86. If any town shall neglect or refuse to appoint such trustees, it shall be the duty of the treasurer of the state to retain the proportion, which may belong to such town, and put the same to use, as he shall deem most expedient for obtaining interest for it, and he shall, annually, previous to the first day of March, pay to the treasurer of such town, all the interest or income, which he may receive for the same. (Sec. 47 of R. S.)

SECT. 87. The trustees of the several towns, before they enter upon the duties of their office, shall execute a bond to such towns, with three or more sufficient sureties, in such sum as the selectmen shall direct and accept, with a condition,

First. Faithfully to perform their duty in loaning, managing and accounting for all sums of money, which may be placed in their charge, under the provisions of this chapter:

Second. To pay over the same, or any part thereof, as may be required by law. (Sec. 48 of R. S.)

SECT. 88. If any person, elected trustee according to the provisions of this act, (§ 85 of this chap.) shall refuse to give bonds as provided by section forty-eight of chapter eighteen of the Revised Statutes (87 of this chap.) his office shall be considered vacant, and such vacancy may be filled as provided by section twenty of chapter thirteen of the Revised Statutes, (§ 22 of chap. 15 of this compilation.) (Sec. 2 of No. 13 of 1842.)

SECT. 89. When trustees shall be appointed by any town, as provided in this chapter, the treasurer of the state shall pay over, to such trustees, all such moneys as such town shall be entitled to; and the trustees shall thereupon execute to said treasurer their re

ceipt for the same, of the tenor and effect of the certificate of deposit which the treasurer is required to give to the secretary of the treasury of the United States. (Sec. 49 of R. S.)

SECT. 90. Each town, which shall appoint trustees, and through them shall receive its proportion of the moneys of the United States, so deposited with this state, shall be accountable to the state for the return of the same, or any part thereof, whenever it shall be required by the treasurer of the state, on the requisition of the United States, or for the purpose of carrying into effect a new apportionment, in like manner as towns are accountable for state taxes. (Sec. 50 of R. S.)

SECT. 91. The trustees of the several towns shall loan the money, deposited with such towns, in such sums and to such persons as they shall judge expedient, with sufficient personal security, or on mortgage, as they may deem amply safe, taken and made payable to the respective towns, at an interest of six per cent. payable annually. (Sec. 51 of R. S.)

SECT. 92. The loans shall be made for a term not exceeding one year at one time; and the money may be collected, at the expiration of the period, for which it shall be loaned, and be loaned anew to other persons, or the loan may be extended to the same persons for an additional period, in the discretion of the trustees. (Sec. 52 of R. S.)

SECT. 93. The trustees of the surplus money of the United States, in the several towns in this state, [be] (are) authorized to loan the same to their several towns, agreeably to the provisions of [said] (this) chapter. Provided, that the town shall, at a meeting legally warned and holden for that purpose, authorize the selectmen to borrow the same for the benefit of said town. (No. 25 of 1842.)

SECT. 94. All the income received for interest on the moneys, so deposited with any towns, and all the income, which may be paid over by the treasurer of this state, for interest, to any towns, when such towns shall not appoint trustees and receive their share of such moneys, shall be annually appropriated to the support of schools in the respective towns. (Sec. 53 of R. S.)

SECT. 95. It shall be the duty of the trustees, annually, previous to the first day of March, to pay over, to the treasurer of their respective towns, all the income received for interest on such moneys; and the treasurer shall add all sums so received, and such as may be received from the treasurer of this state, for interest, according to the provisions of this chapter, to the other school moneys, and shall give credit for the same, in his account of that fund; and the same shall be distributed by the selectmen, as other moneys, to the several school districts, for the support of schools therein. (Sec. 54 of R. S.)

SECT. 96. If any town shall have other school funds, the income of which shall be sufficient to support schools in all the districts in such town for six months in each year, such town shall not be required, as provided in the two preceding sections, to appropriate the income of such deposit money, for the support of schools;

but may appropriate the same to any other use, as such town shall direct. (Sec. 55 of R. S.)

SECT. 97. If any town shall refuse or neglect to perform any of the duties required by the provisions of this chapter, in relation to the management or disposition of the moneys so deposited with such town, or the interest thereof, such town shall, on indictment and conviction thereof, forfeit and pay, as a fine to the treasurer of the county, in which such town shall be situated, and for the use of such county, a sum not exceeding double the amount of the interest of such moneys. (Sec. 56 of R. S.)

SECT. 98. It shall be the duty of the grand jury, empannelled before any county court, to inquire into the manner, in which the several towns shall have managed and disposed of the moneys so deposited with them, and the annual interest thereof; and, in case of any failure of any town to comply with the requisitions of this chapter, relating to such deposit money, it shall be their duty to present to the court their indictment therefor against such town; and notice thereof shall be given to such town, as is required in case of indictment for not repairing highways. (Sec. 57 of R. S.)

CHAPTER 21.

INSTRUCTION TO THE DEAF AND DUMB, AND THE BLIND.

COMPILED FROM

Chap. 19 of the Revised Statutes, pp. 121–122.
16 of the Laws of 1842, แ

No.

21-22.
10-11.

SECTION 1. A sum, not exceeding three thousand dollars, may be annually drawn from the treasury of this state, [by the said board of commissioners]* for the benefit of the deaf and dumb, and a sum, not exceeding twelve hundred dollars, may be annually drawn from the treasury, [by said board of commissioners] for the benefit of the blind, to be appropriated agreeably to the provisions of this chapter. (Sec. 2 of R. S.)

*

SECT. 2. Until provision is otherwise made by law, the beneficiaries mentioned in this chapter shall be instructed at the following places, that is to say:-the deaf and dumb at the American asylum, established in the city of Hartford, in the state of Connecticut, for

# Referring to the board of commissioners annually elected by the joint assembly previous to the passage of the act of 1842, (secs. 6 to 9 supra) which imposed their duties upon the governor.

the education of the deaf and dumb; and the blind, at the New England institution for the instruction of the blind, established in the city of Boston, in the commonwealth of Massachusetts. (Sec. 3 of R. S.)

SECT. 3. The board of civil authority in each town shall ascertain, and certify to the county clerk, on or before the first day of February, annually, the number of deaf and dumb persons and the number of blind persons' in such town, their respective ages, condition and circumstances and the ability of their parents to educate them, and whether, in the opinion of such board, such deaf and dumb and blind persons are proper subjects of the charity of this state, and whether they and their parents or guardians are willing they should become beneficiaries of either of the institutions mentioned in the third section, or such other institution as may be provided by law, for the instruction of deaf and dumb or blind persons. (Sec. 4 of R. S.)

*

SECT. 4. Each county clerk shall make return [to said commissioners] (see 7) before the first day of March in each year, of all the information he receives from the several boards of civil authority in his county. (Sec. 5 of R. S.)

SECT. 5. The said board of commissioners* (see § 6) shall have power to approbate and designate beneficiaries, as aforesaid; to draw orders on the treasury for any part of the appropriations provided in the second section; to superintend and direct all concerns relating to the education of deaf and dumb or blind persons, inhabitants of this state, and to allow all or any portion of the expenses of their conveyance to, and support in, the institutions in which they are instructed, for such term of time as the commissioners shall deem proper, and they may, in their discretion, take bonds to indemnify the state against expenses, which may accrue in consequence of the sickness, clothing or transportation of any of the beneficiaries. (Sec. 6 of R. S.)

SECT. 6. The governor of this state shall be, ex officio, commissioner of the deaf and dumb and the blind, and perform and discharge all the duties enjoined upon the board of commissioners * for the instruction of the deaf and dumb and the blind, by the act to which this is an addition. (Sec. 1 of No. 16 of 1842 as amended by No. 15 of 1845.)

SECT. 7. The reports required to be made to the commissioners* of the deaf, dumb and blind, shall hereafter be made to the governor. (Sec. 5 of No. 16 of 1842.)

SECT. 8. The governor shall annually report to the legislature the proceedings, with an account of the expenditures incurred in the discharge of these duties. (Sec. 3 of No. 16 of 1842.)

SECT. 9. The governor of this state shall be entitled to receive from the state treasury annually one hundred dollars, as a compensation for his services in the discharge of the duties required by this act. (Sec. 4 of No. 16 of 1842.)

SECT. 10. Instead of the sum of one hundred dollars, mentioned

Referring to the board of commissioners annually elected by the joint assembly previous to the passage of the act of 1842, (secs 6 to 9 supra) which imposed their duties upon the governor.

in the fourth section of said act, (§ 9 of this chap.) the governor shall be entitled to receive from the treasury of this state, annually, fifty dollars, as a compensation for his services, in the discharge of the remaining duties, required by said act. (Sec. 2 of No. 15 of 1845.)

**

TITLE XII.

HIGHWAYS AND BRIDGES, FERRIES, TURNPIKES AND

RAILROADS.

CHAPTER 22. Laying out and discontinuing highways and bridges. Repairs of highways and bridges.

CHAPTER 23.
CHAPTER 24.
CHAPTER 25.
CHAPTER 26.

Ferries.

Turnpikes.

Railroads.

CHAPTER 22.

LAYING OUT AND DISCONTINUING HIGHWAYS AND BRIDGES.

COMPILED FROM

Chap. 20 of the Revised Statutes, pp. 123-134.

8. Selectmen may resurvey highways.

9. Highways to be accurately surveyed, &c.

3. Cross roads, &c. may be laid as pent roads, 10. On whose petition selectmen to lay out, &c. &c.

Mode of proceeding.

4. Highways to be made, &c. at expense of 11. Selectmen to make return to town clerk.

towns.

5. Cross roads to be deemed highways.

12. Selectmen to offer compensation for damages.

6. Private property not to be taken without 13. Selectmen to return survey, &c. to town compensation.

7. Narrow highways may be made wider.

clerk.

14. Orders of selectmen and court, &c. to be

Referring to the duties previously imposed on the governor as, ex officio, commissioner of the insane poor, which were dispensed with by the first section of the above act.