TITLE 2. clusive of such cities, into school commissioners' districts, as they may deem advisable, but no town shall be divided in forming such Restriction. districts. [1856, ch., 179, § 16.] Town clerks, and their duties. General duties. School districts. To set off certain neighborhoods. be number $79. No [commissioner] shall hold the office of trustee of a school district, nor shall a person chosen a trustee hold the office of district clerk, and no [commissioner] shall hold the office of either supervisor or town clerk. [1847, ch. 480, § 6.] $ 80. It shall be the duty of the town clerk of each town: 1. To receive from the present town superintendents all books, maps and papers appertaining to his office, and to file and keep them in the town clerk's office: 2. To receive from the supervisor the certificates of apportionments of school moneys for the town, and record them in a book to be kept for that purpose: 3. To notify the trustees of the school districts when such estimates and appropriations are filed in his office: 4. To see that the trustees of common schools make and file with him their annual reports, with the time prescribed by law : 5. To distribute to the trustees of school districts all blanks and circulars which shall be delivered or forwarded to him by the commissioner for that purpose: 6. To receive from the supervisor, and record in a book kept for that purpose, the annnual account of the receipts and disbursements of school moneys required to be submitted to the town auditors, and file with the said clerk, and to send a copy thereof by mail to the commissioner. [1856, ch. 179, § 28.] $81. It shall be the duty of the [school commissioner, in respect to the several towns within his jurisdiction,] in each town, 1. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter provided: 2. To set off by itself any neighborhood in the town adjoining to any other state of this union where it has been usual or shall be found convenient for such neighborhood to send their children to a school in such adjoining state: Districts to 3. To describe and number the school districts, and to deliver the description and numbers thereof in writing to the town clerk immediately after the formation or alteration thereof: ed. Neighborhood. ers. 4. To deliver to such town clerk a description of each neighborhood adjoining to any other state set off by itself. [Part of 1847, ch. 480, § 8.] * $ 82. No teacher shall be deemed a qualified teacher within Who quali. the meaning of this title who shall not have received and shall not fied teach then hold a certificate of qualification, dated within one year, from the [commissioner] for the town in which such teacher shall be employed. [Every teacher shall be deemed a qualified teacher who shall hold a certificate dated within one year from the [commissioner] for the town in which such teacher shall be employed, or who shall have in possession a state or county certificate of qualification, or a diploma from the state normal school.] [1847, ch., 480, § 12, as modified 1849, ch. 382, § 11.] maining in of super. * 83. All moneys apportioned by the [school commissioner] ART. 6. to the trustees of a district, part of a district or separate neigh- Moneys reborhood, which shall have remained in the hands of the [supervi- the hands sor] for one year after such apportionment, by reason of the visors, trustees neglecting or refusing to receive the same, shall be added how to be to the moneys next thereafter to be apportioned by the [school commissioner,] and shall be apportioned and paid therewith in the same manner. [1856, ch. 179, § 17.] disposed of. 384. Whenever it shall be satisfactorily proven to the state Removals superintendent that any [commissioner] or other school officer has from office. embezzled the public money or any money coming into his hands. for school purposes, or has been guilty of the willful violation of any law, or neglect of any duty or of disobeying any decision, order or regulation of the department of [public instruction,] the state superintendent is hereby authorized to remove such officer from such office, by an order under the seal of office of the [superintendent of public instruction]. [1849, ch. 382, § 15.] ARTICLE SIXTH—[FIFTH OF CHAPTER 480, OF 1847.]1 Of the Formation and Alteration of School Districts, and of the Choice, Duties and Powers of their Officers. SEC. 85. Erection and alteration of districts. 86. Formation of joint districts. 87. Alterations when to take effect. 88. School commissioner to alter joint districts. 89. Property of consolidated districts. 90. Property on dissolution of districts. 91. Debts due from district dissolved. 92. First district meeting on formation of district. 3. Notice of the meeting. 94. Notice may be renewed if meeting fail, &c. 95. Penalty on taxable inhabitant refusing to serve notice. 96. Duty of inhabitants to meet. 97. Persons entitled to vote. 98. Declaration by voters challenged. 99. Penalty for false declaration. 100. Power of dist ict meeting. 101. Trustees to be divided into classes; term of office. 102 Notice of district meeting to state its object. 103. Annual meeting. 104. Special meeting if annual meeting is not held. 105. Annual meeting of school districts, when to be held. 106. Electors to determine at annual district meeting number of trustees; vacancies. 107. Commissioners may order district meetings in certain cases. 108. In case records are lost, trustees may appoint a day for the annual meeting. 109. Special meetings may be called by trustees; irregularities in notices do not avoid proceedings unless they are willful. 110. Tax for school-house not to exceed $400, except, &c. 111. Tax may be raised by installments if district so vote. 112. Valuations equalized in districts formed from two towns. 113. After a school-house is built or purchased, the site may not be changed unless, &c. 114. On change of site the former site may be sold. 115. Avails of sale to be applied to purchase of new site, &c. 116. Term of office of district officers. 117. Vacancy in office of trustee how supplied. 118. Vacancy in office of clerk, &c. 119. Penalty for refusing to serve as school district officer. 120. Resignation of school district officer. 121. Term of certain school officers when to expire. 122. Certain officers to be chosen at annual election. 123. When terms of officers for new district expire. 124 & 125. Duties of district clerk. 126 Duties of trustees. 127. Repairs of school-houses. 128. Deficiency in rate bill to be raised by tax. 1 This article consists of article fifth of chapter 480 of the Laws of 1847, entitled "An act relative to the office of town superintendent of common schools and amendatory of the Revised Statutes, entitled "Of public instruction," with the amendments since made, as modified by subsequent legislation, together with parts of other acts passed since the year 1847. The numbers of the sections of the original act are retained within brackets. TITLE 2. SEC. 129. Manner of apportioning school taxes. Districts, how to be altered. 130, 131, 132 & 133. Persons liable to be taxed, and method of assessing taxable property. 134. Return by collector of unpaid non-resident tax. 135. Trustees to transmit return to county treasurer. 136. County treasurer to pay trustees the amount. 137. Supervisors to cause the amount and interest to be levied. 138. Owners may pay the tax to county treasurer. 139. Proceedings to collect such taxes. 140. Valuation of taxable property. 141. Duty of trustees when a reduction shall be claimed, &c. 142. Exemption from certain taxes. 143. Tax to be assessed within thirty days. 144. Tax list and warrant to be delivered to collector at the end of the thirty days. 145. Collector liable for tax lost by his neglect. 146. Trustees may sue for all forfeitures or balances. 147. Collector to execute bond to trustees; contents of bond; duty of collector. 148. If bond not executed, office to be vacated. 149. Inconsistent acts repealed 150. Certain acts not affected. 151. Collection of taxes in joint districts. 152. Books to be procured, one for accounts and the other for inventory of property. 154. Tax may be levied to defray expenses incurred by authority of the district. 155. Warrant to tax or rate bills; how executed. 156. To have like effect with those issued by boards of supervisors. 157. Warrants may be renewed. 158. Trustees may, with consent of state superintendent, correct errors in tax list or rate bill. 159. Suits may be brought by trustees against supervisor. 160. Power of trustees in certain cases. 161. Annual reports in January to be made. 162. Contents of report. 163. Children supported at poor-houses to be included. 164. Report to include persons between four and twenty-one years old. 165. Indian children not to be included. 166. Children included in reports of new districts entitled to attend its school. 167. Reports from a joint district. 168. Separate neighborhoods to report. 169. Penalty for signing a false report. 170. School property held by trustees as a corporation. 171. Trustees to render account at annual meeting. 172. Balance of moneys to be paid over to successors. 173. Penalty for neglect to pay over. 174 & 175. Successors may sue predecessors for balances. 176. Penalty for neglecting to account; supervisor's duty in such case. 177. Supervisor's power to sue delinquent trustee. 178. Right of appeal by aggrieved parties. 179. Districts may raise money for library. 180. Librarian, who to be. 181. Manner of raising library tax. 182. Appropriation for district libraries; application of moneys. 183. When library money below three dollars, trustees authorized to apply same to pay quali fied teachers. 184. Trustees of district to be trustees of library; duties as such; librarian's duties. 185. Trustees to be responsible for neglect of library, &c. 186. Superintendent to prepare general regulations respecting libraries. 187. Appeal from decisions of trustees relative to library. 188. Adjoining districts may unite library moneys; division how made after such union. 189. Disposition of library moneys when district is not entitled. 190. State superintendent may direct apportionment to be made according to equitable circumstances, &c. 191. State superintendent if requested may select libraries. 192. Publishers to make proposals to superintendent of public instruction; superintendent to make list of books, and send circulars to trustees, &c. 193. Trustees to make selections from lists; list of books, &c., to be made out; list to be sent to county clerk. 194. Duty of county clerk. 195. Duty of state superintendent. 196. State superintendent to retain a portion of library money. 197. Penalty for school officers' willful neglect to report or perform other duty. 198. No costs in suits against school officers for official acts in certain cases. 203. Trustees to prosecute for penalties. 204. Imprisonment for non-payment of penalty. 205. Trial of accused persons by jury. 206, 207, 208 & 209. Provisions for paying costs in actions against school officers for official acts. 210. School year hereafte to commence first of October and end thirteenth of September. 211. Superintendent to provide for return of certain statistics. 212 & 213. Publication of school laws, entitled "Code of Public Instruction.' *$85. [Sec. 43.] In the erection or alteration of a school diserected or trict, the trustees of any district to be affected thereby, may apply to the supervisor and town clerk to be associated with the [school commissioner]; and their action shall be final unless duly appealed from; the compensation of the supervisor and town clerk when thus associated, shall be the same as that of the town superintendent.1 ART. 6. tricts. 386. [Sec. 44.] Whenever it may become necessary or conven- Joint disient to form a district out of two or more adjoining towns, the [school commissioner in respect to the several towns within his jurisdiction] of each of such adjoining towns, or the major part of them, may form, regulate and alter such district. of districts, take effect. 114. * 87. [Sec. 45.] No alteration of any school district, made Alterations without the consent of the trustees thereof, shall take effect until when to three months after notice, in writing, shall be given by the 3 Denio, [school commissioner] to some one or more of such trustees; nor shall any alteration or regulation of an organized school district be made to take effect between the first day of December in any one year, and the first day of May following. Special district meet tain cases called. 388. [Sec. 46.] If the [school commissioner having jurisdiction] in any town, shall require by notice in writing, the attendance ings in cerof the [school commissioner] of any other town or towns, at a joint may be meeting for the purpose of altering a school district formed from their respective towns, and a major part of the [school commissioners] notified shall refuse or neglect to attend the [school commissioners attending by a majority of votes, may call a special district meeting of such district, for the purpose of deciding on such proposed alteration; and the decision of such meeting shall be as valid as if made by [school commissioners] of all the towns interested, but shall extend no further than to dissolve the district. formed from such towns. respecting ed districts. 389. [Sec. 50.] When two or more districts shall be consoli- Provision dated into one, the new district shall succeed to all the rights of consolidat property possessed by the districts of which it shall be composed, and when a district is annulled and portions thereof are annexed to other districts, the property of the district so annulled shall be sold by the [school commissioner] of the town in which the school-house is located, at public auction, to the highest bidder therefor, after at least five days' public notice by notices posted in three or more public places in said town, one of which shall be within the district so annulled, and the proceeds of such sale shall be first applied so far as requisite to the payment of any just debts due from the district so annulled, and the residue thereof shall be apportioned among the taxable inhabitants of the district so annulled, in the ratio of their several assessments upon the last corrected assessment roll of the town or towns within which such district is located. [As amended 1849, ch. 382, § 2.] *$ 90. [Sec. 52.] When there shall be any moneys in the hands respecting of the officers of a district that is or may be annulled, or belonging moneys be to such district, the [supervisor] of the town may demand, sue districts for and recover the same in his name of office, and [after deduct- nulled. ing his costs and expenses shall report the balance in his hands to the commissioner, who] shall apportion the same equitably 1 Section 31, chap. 480 of Laws of 1847, which established the compensation of town superintendente, and to which the above section refers, is as follows: $31. The town superintendent shall be entitled to receive one dollar and twetny-five cents per day for every day actually and necessarily devoted by him in his official capacity, to the service of the town for which he may be chosen, the same to be paid in like manner as other town officers are paid. Provision longing to that are an TITLE 2. between the districts to which the several portions of such annulled district may have been annexed, to be held and enjoyed as district property. Debts of disolved or how dis *S91. [Sec. 53.] Whenever a school district shall be dissolved doned by consolidation or otherwise, it shall be the duty of the trustees ed districts, of such district to make out all the necessary rate bills and tax charged. lists, and issue their warrants according to law for the collection of all such sums of money as shall be necessary to discharge all legal liabilities of such district so dissolved or consolidated, and to call special meetings of the legal voters of such district, if it be necessary, to raise money by tax to discharge such demands; and the collector to whom any such rate bill or tax list and warrant shall be delivered for collection, shall have power to execute the same in the same manner and with the like authority as though such district had not been dissolved or consolidated. On the for districts no ing to be Of the powers of school district inhabitants, and of the choice, duties and powers of school district officers. S 92. [Sec. 54.] Whenever any school district shall be formed mation of in any town, it shall be the duty of the [school commissioner, tice of meet in respect to the several towns within his jurisdiction] within twenty days thereafter to prepare a notice in writing describing 7 Wend. such district, and appointing a time and place for the first district 9 do. 35. meeting, and to deliver such notice to a taxable inhabitant of the district. given. 341. 24 do. 266. habitants to meet. *S 93. [Sec. 55.] It shall be the duty of such inhabitant to notify every other inhabitant of the district qualified to vote at district meetings, by reading the notice in the hearing of such inhabitant, or in case of his absence from home, by leaving a copy thereof, or of so much thereof as relates to the time and place of such meeting, at the place of his abode, at least six days before the time of the meeting. $94. [Sec. 56.] In case such notice shall not be given, or the inhabitants of a district shall refuse or neglect to assemble or form a district meeting when so notified, or in case any such district having been formed and organized in pursuance of such notice, shall afterwards be dissolved so that no competent authority shall exist therein, to call a special district meeting in the manner hereinafter provided; such notice shall be renewed by the [school commissioner] and served in the manner above prescribed. *S 95. [Sec. 57.] Every taxable inhabitant to whom a notice of a district meeting shall have been properly delivered for service, who shall refuse or neglect to serve the notice in the manner above in this article enjoined, shall for every such offense forfeit the sum of five dollars. * Duty of in- $96. [Sec. 58.] Whenever any district meeting shall be called in the manner prescribed in the preceding sections of this article, it shall be the duty of the inhabitants of the district qualified to vote at district meetings, to assemble together at the time and place mentioned in the notice. Persons entitled to $97. [Sec. 59.] Every male person of full age residing in any school district, and entitled to hold lands in this state, who owns |