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Clerk to notify om

Collector vacates his office.

office of trustee.

Ibid,

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.

S 28. It shall be the duty of the district clerk, and of the cest in their neighborhood clerk, or of any person who shall act as clerk,

at any district or neighborhood meeting, when any officer shall be elected, to forth with 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.

S. 29. The collector vacates his office by not executing a bond to the trustees, as hereinafter required, and the trustees

may supply the vacancy. Vacancy in S 30. 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 town 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 band, appoint a competent person to fill it.

$ 31. A trustee who publicly declares that he will not accept or serve in the office of trustee, or who refuses or neglects to attend three successive meetings of the board, 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.

S 32. Any vacancy in the office of district clerk, collector vacancies to 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.

$ 33. 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 immediately give notice of

the appointment to the person appointed. Penalty for

S 34. Every person chosen or appointed to a school-district office, who, being duly qualified to fill the same, shall refuse to serve therein, shall forfeit five dollars; and every person so chosen or appointed, who, not having refused to accept the office, sball 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. Supervisor $ 35. But the supervisor of the town wherein any such resignation person resides, may accept his written resignation of the office,

and the filing of such resignation and acceptance in the

Trustees may fill

other .

Appointment to be filed.

refusal to serve or neglect of duty.

may accept

office of the district clerk shall be a bar to the recovery of either penalty in the last preceding section mentioned; or

Or district such resignation may be made to and accepted by a district meeting. meeting

.

FOURTH ARTICLE.
Of the duties of the neighborhood clerk, and of the district clerk

and librarian. § 36. The neighborhood clerk shall keep a record of the pro- Deutin bor ceedings of bis neighborhood, and of the reports of the trustee, hood clerk. 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.

$ 37. It shall be the duty of the clerk of each school-district: Duties of

1. To record the proceedings of his district in a book to be clerk. provided for that purpose by the district, and to enter therein proceedings. true copies of all reports made by the trustees to the school commissioner.

2. To give notice, in the manner prescribed by the sixth sec- To notify tion of this title, or by the inhabitants, pursuant to such section, of the time and place of holding special district meetings called by the trustees.

3. To affix a notice in writing of the time and place of Ibid. any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least four of the most public places of such district, at least five days before the time appointed for such adjourned meeting.

4. To give the like notice of every annual district meeting. Ibid.

5. To give notice, as in the last previous article prescribed, Therese to every person elected or appointed to office, of his election or appointment, under a penalty of five dollars for neglect in each instance.

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

7. To keep and preserve all records, books and papers To preservo belonging to his office, and to deliver the same to bis successor. For a refusal or neglect so to do, he shall forfeit fifty dollars for the benefit of the district, to be recovered by the trustees.

8. In case bis district shall be dissolved, to obey the order to deposit of the commissioner or commissioners as to depositing the books, papers and records of his office in the town-clerk's office.

9. To attend all meetings of the board of trustees when To attend notified, and keep a record of their proceedings in a book provided for that purpose.

10. To call special meetings of the inhabitants whenever all To call the trustees of the district shall have vacated their office.

$38. The librarian, subject to the provisions of this act, Librarian. shall bave the charge and supervision of the district library.

records.

meetings.

meetings.

FIFTH ARTICLE.

Schools free.

No Indian pupils ad. mitted.

Who are qualified teachers.

Of the pupils and teachers. $ 39. Common schools in the several school-districts of this state shall be free to all persons over five and under twentyone years of age residing in the district, as hereinafter provided, but non-residents of a district, if otherwise competent, may be admitted into the school of a district, with the written consent of the trustees, or of a majority of them, upon such terms as the trustees shall prescribe.

$ 40. If a school-district include a portion of an Indian reservation, whereon a school for Indian children has been established by the superintendent of public instruction, and is taught, the school of the district is not free to Indian children resident in the district or on the reservation, nor shall they be admitted to such school except by the permission of the superintendent.

$ 41. No teacher is a qualified one, within the meaning of this act, unless he possesses an unannulled diploma granted to him by the state normal school, or an unrevoked and upannulled certificate of qualification, given to him by the superintendent of public instruction, or an unexpired certificate of qualification given to him by the school commissioner within whose district he is employed, or by the school officer of the city or village in which he is employed, authorized by special act to grant such certificate.

S 42. No part of the school moneys apportioned to a district can be applied or be permitted to be applied to the payment of the wages of an unqualified teacher; nor can bis wages, or any part of them, be collected by a rate bill.

S 43. Any trustee who applies or directs or consents to the application of any such money to the payment of an unqualified teachers' wages, thereby commits a misdemeanor; and any fine imposed upon him therefor shall be for the benefit of the common schools of the county.

S 44. Teachers shall keep, prepare and enter in the books attendance. provided for that purpose the school lists and accounts of

attendance hereinafter mentioned, and shall be responsible for their safe keeping and delivery to the clerk of the district at the close of their engagements or termis.

Moneys payable only to qualified teachers.

Ibid.

Teachers to

Trustees &

SIXTH ARTICLE.
Of the trustees, their powers and duties; and, herein, of rate

bills, school taxes and annual reports. S 45. All property which is now vested in, or shall hereafter corporation.

be transferred to the trustee or trustees of a district, for the use of schools in the district, shall be held by him or them as a corporation.

may act.

trustees.

$ 46. A sole trustee of the district shall have all the powers A sole trusand be subject to all the duties, liabilities and penalties con-game power ferred and imposed by law upon or against any trustee or the trustees, or the majority of the trustees of a district.

$ 47. The trustees of a district compose a board, and when Trustees two only meet to deliberate upon a matter, and the third, if for official notified, does not attend, or the three meet and deliberate thereon, the conclusion of two upon the matter, and their order, act or proceeding in relation thereto shall be as valid as though it were the conclusion, order, act or proceeding of the three; and a recital of the two in their minute of the conclusion, act or proceeding, or in their order, act or proceeding of the fact of such notice, or of such meeting and deliberation, shall be conclusive evidence thereof. A meeting of the Anymmaemboard may be ordered by any member thereof, by giving not call a meetless than twenty-four hours' notice of the same.

$ 48. While there is one vacancy in the office of trustee, When there the two trustees bave all the powers and are subject to all the ches the reduties and liabilities of the three. And while there are two trustees such vacancies, the trustee in office shall have all the powers and be subject to all the duties and liabilities of the three, as though he were a sole trustee.

S 49. It shall be the duty of the trustees of every school. Duties of district, and they shall have power:

1. To call special meetings of the inhabitants of such To call districts, whenever they shall deem it necessary and proper. meetings. 2. To give notice of special, annual and adjourned meet-To

give ings in the manner prescribed in the sixth section of this title, if there be no clerk of the district, or he be absent or incapable of acting, or shall refuse to act.

3. To make out a tax list of every district tax voted by any to makeout such meeting, or authorized by law, containing the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inbabitant, set opposite to his name.

4. To annex to such tax list a warrant, directed to the col-warrane lector of the district, for the collection of the sums in such collection. list mentioned.

5. To purchase or lease a site for the district school-house to purchase or school-houses, as designated by a meeting of the district, sites, etc. and to build, hire or purchase such school-house as may be so designated, and to keep in repair and furnish such schoolhouse with necesssary fuel and appendages, and to pay the expense thereof by tax, but such expense shall not exceed fifty dollars in any one year, unless authorized by the district.

6. To have the custody and safe-keeping of the district Pastore school-house or houses, their sites and appurtenances.

7. When thereto authorized by a meeting of the district, To insure. to insure the school-house or school-houses, and their furniture, and the school apparatus, in some company created by

tax lists.

of the school house.

To Insure library.

To employ all teachers.

To pay

teachers'

To divide the public money.

or under the laws of this state, and to comply with the conditions of the policy, and raise the premiums by a district tax.

8. To insure the district library in such a company, in a sum fixed by a district meeting, and to raise the premium by a district tax, and comply with the conditions of the policy.

9. To contract with and employ all teachers in the district school or schools; but no teacher so employed shall be within two degrees of relationship to any of such trustees, except with the approval of a majority of the inhabitants of the district.

10. To pay towards the wages of such teachers as are Wages, etc. qualified, the public moneys apportioned to the district and

legally applicable thereto, by giving them orders on the supervisor therefor, and to collect as herein provided the residue of snch wages from all persons liable therefor.

11. To divide such public moneys apportioned to the district whenever authorized by a vote of their district, into two or more portions for each year; to assign and apply one of such portions to each term during which a school shall be kept in sich district, for the payment of teachers' wages during such term ; and to collect the residue of such wages not paid by the proportion of public money allotted for that purpose, from all persons liable therefor, as herein provided.

12. To ascertain by the teacher's list the persons who have sent to school, and the number of children each has sent, and the number of days each child has attended, and to charge all such persons with the balance necessary to be raised beyond the public moneys for the payment of teachers' wages, each in proportion to the number of days and children sent by him.

13. To exempt from the payment of such charge, in whole inhabitants, or in part, such indigent inhabitants of the district as they

deem proper, and to file a list of such exemptions in the district clerk's office.

14. To add the amount of such exemptions to the first tax exemptions

list thereafter to be made out by them, or to collect it by a separate tax.

15. To make out a rate bill for the remainder of such balance, containing the name of each person remaining charged and the amount charged to him, and to annex thereto their warrant, under their hands, with or without seal, for the collection thereof.

16. To deliver such rate bill, with their warrant thereto annexed, to the collector.

17. To collect by a district tax any portion of any such rate bill which shall prove to be uncollectible.

18. If the library money apportioned to the district be less than three dollars, to apply it to the payment of teachers' wages.

Rate bill on attendance.

To exempt indigent

And pay

by tax.

Warrant to collect rate bill.

To collect rate bill.

To pay library money.

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