and such real estate, while owned by any person residing without the limits of the town, shall be taxed in such districts, until the town shall be districted anew. And the selectmen shall assess in the same manner, as town taxes are assessed on the polls and estates of the inhabitants, composing any school district defined as aforesaid, and on real estate in said town, belonging to persons living out of the same, which the selectmen shall have directed to be taxed in such district, all moneys voted to be raised by the inhabitants of such district, for the purposes aforesaid, in thirty days after the clerk of the district shall certify to said selectmen the sum voted by the district to be raised as aforesaid; and it shall be the duty of said selectmen to make a warrant, directed to one of the collectors of the town to which such district belongs, empowering and directing said collector, to levy and collect the tax so assessed,and to pay the same within a time limited in said warrant, to the treasurer or selectmen of the town, to whom a certificate of the assessment shall be made by the assessors, and the money so collected and paid, shall be at the disposal of the committee of the district, to be by them applied for the building, repairing, or purchasing of a school house in the district to which they belong; and such collector, in collecting such tax, shall have the same powers, and be holden to proceed in the same manner, as is by law provided in collecting

town taxes."

"That the treasurer, or selectmen of any town, to whom a certificate of the assessment of a district tax shall be transmitted as aforesaid, shall have the same authority to enforce the collection and payment of such tax, so assessed and certified, as if the same had been voted to be raised by the town for the town's use."

"That if the majority of the inhabitants of any school district cannot, or do not agree where to erect a school house, for the accommodation of the same, the selectmen of the town to which such district belongs, upon application made to them in writing, by the committee of the district, are hereby authorized and empowered to determine on the place where a school house, for the use and accommodation of the district, shall be erected; and if said inhabitants shall refuse or neglect to choose a com

mittee, or if any committee shall refuse or neglect to apply to said selectmen, for the purpose of locating a school house as aforesaid, in such case, any three or more freeholders, resident in such district, may apply to said selectmen in writing, stating such refusal, or neglect, and requesting them to make such location; and the said selectmen may thereupon proceed and designate the place where said school house shall be erected."

"That the several and respective school districts be, and they hereby are, authorized and empowered to purchase and hold in fee simple, or otherwise, so much land as may be necessary whereon to erect a school house and such other buildings, and also for such yard, as may be necessary for the accommodation of said schools; and the inhabitants of the said several school districts are hereby authorized and empowered, at any legal meeting holden for that purpose, to raise any sum or sums of money for the purpose of purchasing said land, to be assessed, levied and collected in manner aforesaid: Frovided, said land do not exceed in quantity one fourth part of an acre; and ‚may maintain any action of trespass, or ejectment, against any person or persons, who may trespass upon, or do damage to, said land or buildings, and the same pursue to final judgment and execution."

"That whenever a suitable place for the erection of a school house, and other necessary buildings in any school district, shall have been designated in either of the ways pointed cut in this act, and the owner or owners of the land thus designated shall refuse to sell the same, or shall demand therefor a price, which, in the opinion of the selectmen of the town to which such district belongs, is unreasonable; în every such case, the said selectmen may proceed and lay out such school house lot, not exceeding in quantity one eighth part of an acre, and appraise the damages to the owner or owners of said land, in the same way and manner, as is provided by law for laying out public highways and appraising the damages sustained thereby, reserving to any such owner or owners the right of petitioning the court of common pleas, for redress, as is provided in the second section of the act "entitled an act for laying out highways;" and upon payment of such damages, or tender thereof, the said

land may be taken, held and used for the purposes for which it was laid out, and the said district may prosecute and maintain any action as aforesaid, against any person or persons trespassing, or doing damage thereon. And the land taken, agreeably to the provisions of this section, for a school house lot, shall revert to the owner of said land, his heirs or assigns, whenever, after the erection of said house, a majority of the legal voters at any school district, at a meeting called for the purpose, shall vote to discontinue the use and occupation thereof, as a school house lot, or shall actually, for the term of two successive years, neglect or refuse to use and occupy tho land for the purpose aforesaid."

"That if any school district is now, or hereafter shall become, destitute of a school house, or if the school house in any such district is now, or hereafter shall become, ruinous and out of repair, and the inhabitants thereof shall refuse or neglect to build, purchase or repair their school house; in such case, any three or more of the freeholders, resident in such district, may apply in writing to the selectmen of the town to which such district belongs, stating the destitute situation of such district, or the ruinous condition of the school house therein, and the refusal or neglect of said inhabitants; and the said selectmen thereupon may, and they hereby are, authorized to assess upon such district, such sum or sums of money as they may deem requisite for the building, purchasing, or repairing of a school house and other necessary buildings therein, in the same manner as if such sum or sums had been voted to be raised at a legal meeting of said district, and may, in like manner, cause the same to be levied and collected, and under their direction, or by a committee, or agent by them appointed, laid out and expended in building, purchasing, or repairing a school house and other necessary buildings, as aforesaid."

SECTION IV.

OF THE DUTY OF SELECTMEN IN RELATION TO RAISING MONEY TO SUPPORT SCHOOLS.

The statute of July 6, 1827, entitled "an act for the support and regulation of primary schools," enacts, "that the selectmen of the several towns and places within this state be, and they hereby are empowered and required to assess annually the inhabitants of their respective towns and places, according to their polls and ratable estates, together with the improved and unimproved lands and buildings of non-residents, in a sum to be computed at the rate of ninety dollars for every one dollar of their proportion for public taxes for the time. being, and so for a greater or less sum; which sums, when collected, shall be appropriated to the sole purpose of keeping one English school or schools within the towns and places in which the same shall be assessed, for teaching the various sounds and powers of the letters in the English language, reading, writing, English grammar, arithmetick, geography, and such other branches of education as may be necessary to teach in an English school, including the purchase of necessary fuel for such schools."

"That it be the duty of the selectmen of the several towns and places, to assign to each school district in their respective towns and places, a proportion of money assessed in each year as aforesaid, according to the valuation thereof for that year, or in such other manner as the several towns at their annual meeting shall direct."

"That if the selectmen of any town, or place, neglect to assess and assign for the purpose aforesaid, the money required by this act to be by them assessed and assigned as atoresaid, such selectmen shall forfeit and pay the full sum, in assessing and assigning which they shall be found delinquent in, which sum shall be recovered by bill, \plaint, or information in the superior court of judicature; and when recovered shall be appropriated for keeping a school, or schools, in the town, or place, where such delinquency shall happen; and it shall be the duty of the

town clerk for the time being, except he shall be also one of the selectmen, in which case it shall be the duty of the first constable of the several towns, and places, to see that such sums are collected out of the goods and estate of such delinquent selectmen; and that the money so collected be appropriated according to the true intent and meaning of this act."

SECTION V.

OF THE QUALIFICATIONS OF teachers, and the visiting of SCHOOLS, &C.

The statute of July 6, 1827, entitled "an act for the support and regulation of primary schools," section 3, enacts," that there shall be appointed by the selectmen annually in the month of March in each town a superintending school committee, consisting of not less than three nor more than five persons, whose duty it shall be to examine school, masters and school mistresses proposing to teach school therein. And it shall be the duty of said committee, or one or more of them, to visit and inspect all the schools in their respective towns at least twice in each year, and to inquire into the regulations and discipline thereof, and the proficiency of the scholars therein, and to use their influence and best endeavors, that the youth in the several districts attend the schools. And the said committee shall have power, and it shall be their duty, to dismiss any school master or school mistress, who shall be found by them, or a majority of them, incapable or unfit to teach such school, notwithstanding he or she may have procured the necessary certificates, as are hereinafter required; which dismission shall be notified to said master or mistress in writing by said committee or a majority of them; but said master or mis