The third section of the common school act of 1814, reviewed in the present chapter, enacts that "Out of the monies arising from the interest of the fund for the support of common schools, the sum of fifty thousand dollars shall continue to be annually distributed among the several counties of this state, for the support and encouragement of common schools therein, until the interest of the fund shall amount to ten thousand dollars, over and above the sum of fifty thousand dollars; and whenever, and as often as the interest of the said fund shall hereafter amount to ten thousand dollars, over and above the sum then last before distributed, the sum of ten thousand dollars shall be added to the sum then last before distributed, and the whole amount be thereafter distributed as aforesaid; which said sum or sums of money so to be distributed as aforesaid, shall be apportioned by the superintendent of common schools in the manner thereinafter directed, and be paid on the warrant of the comptroller, on the first day of February in each and every year thereafter, to the treasurers of the several counties aforesaid, entitled thereto, according to the apportionment thereof, to be made as aforesaid, and certified to the comptroller by the superintendent of common schools aforesaid."

INSPECTORS OE SCHOOLS.

OFFICE.

The common school act of 1814, provides, that a suitable number of persons, not exceeding six, being actual residents, shall, at every annual town meeting of a town, be cho sen according to law, who together with the commissioners, whose office and duties we have before explained, shall be the inspectors of common schools in such town.

OATH.

Each of the said officers shall, before he enters upon the execution of his office, and within fifteen days after his election, take and subscribe an oath before some justice of the peace, in the following form, that is to say, "I do solemnly and sincerely promise and swear, (or affirm, as the case may be,) that I will, in all things, to the best of my knowledge and ability, well and truly execute the trust reposed in me as a commissioner (or inspector, as the case may be) of common schools for the town of in the county of without favor or partiality :" And such justice shall, without fee, certify under such oath, the day and year when the same shall be taken, and deliver the certificate to the person taking the same, who shall within eight days thereafter, transmit or deliver the same to the clerk of the town, for which such officer so taking such oath was elected or appointed.

VACANCY OR REFUSAL OF OFFICE.

If any inspector, chosen as aforesaid, shall refuse to serve, or die, or remove out of the town, or become incapable of serving, before the next annual town meeting, the vacancy consequent thereon shall be supplied in the same manner as is provided for supplying similar vacancies in other town offices, in and by the act, entitled "an aet relative to the duties and privileges of

towns: And if such inspector, so chosen or appointed, shall not take and subscribe such oath as aforesaid, within the time for that purpose limited as aforesaid, such neglect shall be deemed a refusal to serve in such office: And if any such person shall refuse to serve in such office, or shall serve therein before he shall have taken and subscribed such oath as aforesaid, then and in every such case, such person shall forfeit and pay the sum of ten dollars, to be recovered with costs of suit, before any justice of the peace having jurisdiction thereof, by action of debt, the one moiety thereof to the use of the common schools of the town for which such officer was chosen or appointed as aforesaid, and the other moiety thereof with costs of suit, to the use of any person who shall prosecute for the same to effect.

DUTIES.

It shall be the duty of the inspectors to examine all personswho shall offer themselves as candidates for teaching common schools, in the town for which such inspectors shall be chosen or appointed; and in such examination it shall be the duty of. such inspectors to inquire, and so far as they shall be enabled thereto, to ascertain and inform themselves as to all the qualifications mentioned and contained in the certificate hereinafter specified and given in form and if they shall be satisfied as to the sufficiency of such qualifications, they shall certify in writing, under their hands, and deliver such certificate in writing to the person so examined by them as aforesaid, in form or substance following, viz.

"We, the undersigned inspectors of common schools for the town of in the county of Do certify, that we have examined and do believe he or she (as the case may be) is of a good moral character, and of sufficient learning and abili ty, and in all other respects well qualified to teach a common school. Given under our hands at the day of year of our Lord one thousand eight hundred and

in the

Inspectors of
Common.
Schools.

And it shall and may be lawful for the inspectors to annul any: such certificate given by them or their predecessors in office as aforesaid, to any such person aforesaid: Provided, That notice thereof in writing be given to the trustees of the school district, or some or one of them, in which such person shall be employed as a teacher, at least three days before such certificate shall be annulled as aforesaid: And further, If any person shall be employed as a teacher, by the trustees of any school district, who

shall not have obtained sush certificate as aforesaid from the inspectors of common schools of the town in which such distriet shall be situated, or whose certificate, so having been obtained, shall have been annulled as aforesaid, such district shall forfeit, for the time such person shall have been employed as aforesaid, all right and claim to any share of the monies which shall come into the hands of the commissioners of common schools, during such time.

Further Duty. It shall be the duty of the inspectors to visit the common schools in their district, quarterly or oftener, if they shall deem it necessary; and to examine into the state and condition of such schools, both as respects the proficiency of the scholars, and the good order and regularity of the schools; and from time to time to give their advice and direction to the trustees as to the government thereof, and the course of studiesTM to be pursued therein.

A majority of the inspectors are declared competent by law to perform any duties enjoined on them as aforesaid: Provided, That in the examination of teachers, and in certifying their qualifications as aforesaid, or in annulling any certificate as aforesaid, not less than three of the inspectors shall be present; and in all other cases not less than two of the inspectors shall be present. For other matters, see title Town Officers.

PRECEDENT.

NOTICE ANNULLING CERTIFICATE.

To the trustees of

school district, or some or one of them. Whereas we the undersigned, inspectors of common schools for the town of in the county of have heretofore given our certificate concerning the moral character, learning, ability and qualifications to teach a common school, of A. B., and we now deem it fit to annul the said certificate; We do, therefore, in pursuance of the act in such case made and provided, Notify you that we have annulled, and hereby do annul our former certificate aforesaid. Given under our hands at the day of in the year of our Lord one thousand eight hundred and

THE CONSTABLE.

ORIGIN AND NATURE OF THE OFFICE IN ENGLAND.

The office of constable is of very remote antiquity. We find its origin in the reign of Alfred, king of Great Britain, commonly called "Alfred the Great," who ascended the throne in the year eight hundred and seventy-three. He divided the territory of England into Tithings, Hundreds and Counties. The Tithing he made to consist of ten families of freeholders, the Hundred of one hundred families of freeholders, and the Counties of an indefinite number of Hundreds. The civil divisions of that kingdom have continued on that judicious plan, varying only in their enlargement, until the present time.

By the laws of Alfred, every ten freeholders choose an offcer, annually, whom they called a Constable, as the head of the Ten or Tithing. His office and duties appear to have been similar in his Tithing to those of the sheriff in his county. The constable in England has great original and inherent authority with regard to arrests. He may, without warrant, arrest any one for a breach of the peace and carry him before a justice of the peace. And in case of felony actually committed, or a dangerous wounding whereby felony is likely to ensue, he may upon probable suspicion arrest the felon; and for that purpose is authorised, as upon a justice's warrant, to break open doors, and if he be killed in such duty, it is murder.

Every constable is by common law a conservator of the peace in his district, for which purpose he is armed, as well by common as statute law, with the power of arresting and imprisoning his fellow subjects, and forcibly to enter their dwelling houses, and with other extensive authorities.

The constable is the proper officer to the justices of the peace, and bound to execute their warrants. Hence it has been resolved, that where a statute authorises a justice of the peace to convict a man of a crime, and to levy the penalty by warrant of distress, without saying to whom the warrant shall be directed, or by whom it shall be executed, the constable is the pro