^i^' ^ ^ ^ ^ZQZ' ^^Q^QOi^^fQ^ ' iXy^ ^ ^G l ^Q^ i {I LIBRARY OF CONGRESS. | Pt UNITED STATES OF AMERICA. •Cm ACTS KKLATINO TO THE PUBLIC SCHOOLS RHODE ISLA^iSTD, REMARKS -AND FORMS. PUBLISHED BY ORDER OF THE GENERAL ASSEMBLY. PROVIDENCE : PROVIDENCE PRESS COMPANY, STATE PRINTERS. 1867. EXTRACTS FROM THE CONSTITUTION OF THE STATE. ARTICLE I. DECLARATION OF CEIITAIN CONSTITUTIONAL RIGHTS AND PEINCIPLES. In order effectually to secure the reli(>;ious and pnlitical freedom established by our venerated ancestors, and to preserve the same for our posterity, we do declare that the essential and unquestionable r!;i;hts and principles hereinafter mentioned, shall be established, maintained and preserved, and shall be of paramount obligation in all legislative, judicial and executive proceedings. Section 3. Whereas, Almighty God hath created the mind free ; and all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness; and tvhereas, a principal object of our venerable ancestors, in their migration to this country and their settlement of this state, was, as they expressed it, to hold forth a lively experiment that a flourishing civil state may stand and be best maintained with full liberty in religious concernments : we, therefore, declare, that no man shall be compelled to frequent or to support any religious worship, place or ministry, whatever, except in fulfilment of his own voluntary contract ; nor enforced, restrained, molested or burdened in his body or goods; nor disqual- ified from holding any ofiice ; nor otherwise suffer on account of his religious belief; and that every man shall be free to worship Grod according to the dic- tates of his own conscience, and to profess and by argument to maintain his opinion in matters of religion ; and that the same shall in nowise diminish, enlarge or affect his civil capacity. ARTICLE XII. OF EDUCATION. Section 1. The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools, and to adopt all IV EXTRACTS FROM THE CONSTITUTION. means whioli they may deem necessary and proper to secure to the people the advantages and opportunities of education. Sec. 2. The money which now is, or which may hereafter be appropriated bylaw for the establishment of a permanent fund for the support of public schools, shall be securely invested and remain a perpetuul fund for that purpose. Sec. 3. All donations for the support of public schools or for other purposes of education, which may be received by the general assembly, shall be applied according to the terms prescribed by the donors. Skc. 4. The general assembly shall make all necessary provisions by law for carrying this article into effect. They shall not divert said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof, for any other purpose, under any pretext whatsoever. EXTRACTS FROM TITLE THIRD, OF THE REVISED STATUTES. CHAPTER XIII. OF THE PERMANENT SCHOOL FUND. Section 1. The general treasurer, with the advice of the gover- nor, shall have full power to regulate the custody and safe-keeping of the fund now constituting the permanent fund for the support of puhlic schools, and to keej) the same securely invested in the cap- ital stock of some safe and responsible bank or banks within this state. Sec. 2. The money that shall be paid into the state treasury by auctioneers for duties accruing to the use of the state, is hereby appropriated, and the same shall annually be added to Said school fund for the permanent increase thereof. Sec. 3. Whenever any money appropriated to any town from the state treasury, for the support of public schools therein, shall have been forfeited by such town, the same shall be added to said school fund, and shall forever remain a part thereof. Sec. 4. The general treasurer, with the advice of the governor, shall, from time to time, securely invest all sums of money hereby directed to be adtled to said fund, in the capital stock of some safe and responsible bank or banks within this state. Sec. 5. The income arising from said fund so invested, shall annually be appropriated for the support of public schools in the several towns. CHAPTER XIV. OF THE DEPOSIT FUND. • Section 1. The governor, secretary of state and general treasurer are constituted commissioners of the fund received by tliis state from the United States by virtue of an act of congress, approved June 23, 1836, with full power to regulate the custody and safe-keeping thereof, according to law. VI EXTRACTS FROM TITLE THIRD. Sec. 2. The said commissioners ma}' loan, as hereinafter provided, to any town in this state, sucli portion ol" said fund as such town would be entitled to receive, according to the ratio of the population of such town under the age of fifteen years, to the whole population of the state, according to the census of the United State.-^ next ])reced- ing such loan ; or they may invest any ])ortion of said fund in the capital stock of some safe and responsible bank or: banks within this state. Sec. 8. In case the commissioners shall loan any ]iortion of said fund to any town as aforesaid, the treasurer of such town shall give bond to the coninn'ssioners, with condition to ))ay interest on the second Monday in April, on the amount received, at the rate of five per cent, per aniunn ; to pay the whole or such part of the sum loaned as may be required by the commissioners for the purpose of repayment to the United States, when the same shall be demanded ; to pay the whole, or such part thereof as shall be required by the general assembly, and when so required ; and to aj)ply the money so received for the purjiose of education exclusively. Sec. 4. The income accining to the state from said fund shall be set apart, and shall annually be ap])lied to the su})port of public schools in the several towns. TITLE XIII. OF PUBLIC INSTRUCTION. Chapter 58. Of the commissionor of public schools. Ceiapter 59. Of the appropriation for public schools. Chapter 60. Of the powers and duties of towns, and of the duties of the town treasurer and town clerk relating to public schools. Chapter 61. Of the powers of school districts. Chapter 62. Of district meetings. Chapter 03. Of joint school districts. Chapter 64. Of the levy of district taxes, and of rate bills for tuition. Chapter 65. Of the trustees of school districts. Chapter 66. Of the powers and duties of school committees. Chapter 67. Of teachers. Chapter 68. Of legal proceedings relating to public schools. Chapter 69. Of the normal school, teachers' institutes, and lectures. Chapter 70. Of truant children and absentees from school. Chapter 71. General provisions relating to public schools. CHAPTER 5 8. OF THE COMMISSIONER OF PUBLIC SCHOOLS. SECxrox 1 Section 1. Commissioner, how appointed. j 4. To prescribe forms for returns. 2. Duties of the commissioner. 5. To report to general assembly. 3. To secure uniformity of text-books. 1 Section 1. For the uniform and efficient administration of the provisions of this title, and the supervision and improvement of such schools as may be supported in any maimer out of the state treasury, the governor, by and with tlie advice and consent of the senate, shall annually at the annual general election, appoint a commissioner of public schools, who shalldevote his time exclusively to the duties of liis office. In case of sickness, temporary absence, or other disability, the governor may ajjpoint a person to act as commissioner during such absence, sickness or disability. Sec. 2. The commissioner shall visit, annually, every school dis- trict In the state, for the purpose of inspecting the schools, and diffus- viii ArPRoniiATioN foh runuc schools. [title xiii. iii<;- :is widely us ])()ssil)I(', by public addi'ossi's, ami porsdiiul coininu- nicatioMs with school olliccrs, teachers and ])areiits, a knowledge of" the detects and (lesinil)le iinpro\cnients in tlie administration ot' the system and the {government and instruction of the schools; and to delray the traveUinff expenses of such visits, he shall receive, annually, in a(hlition to his salary, the sum of thn'e hundred dolhu's. Si'.('. '5. He shall reconuui'iid and st'cure, as fiir as piacticahle, a iniilbrmity of text-hooks in the; schools of all the towns; and shall assist in the establishment of, and selection of books for, school libraries. Skc. -L Ih; shall prescribe, from time to time, suitable forms and rei!;ulations for cai-ryiiio- the provisions of this title into eiiect, and for niakino; all ri'ports. Si'X;. T). He shall, annually, at the adjourned session at I'i'ovidence, make a report to the ij;eneral assembly upon the state and condition of the schools and of education, with plans and suggestions for their improvement. (Ml A PTER ;")<) OF THE Al'l'ROl'lMATlON FOIi rUULIC SCHOOLS. Section 1. A))pnij)riiitions I'roui tin tnMisary. 2. How ;ni]xir1i(inO(l. 'A. How (d be rx]i(>nil('(l. stato Suction I. t'oiulitioiis upon wliicli towns shall V(HH>ivo thoir jtroportion. ."). I>'oi I'citun^ of town's i)i'oportion. (1. OrdiTs on tlio "'onoral treasurer. Si'XnioN 1. The sum of lifty thousantl dollars shall be annually paid out of the income of the permanent school fund, the (le|)Osits fund, and other money in the state treasury for the support of public schools in the several towns, u])i)n the ortler of the ct)nuuissioner of })ublic schools. Skc. '2. The sum of thirty-live thousand dollars of the amount aforesaid shall be apportioned anntially, in May, by the commissioner, among tlu' several towns, in proportion to the number of children therein, under tlw age of tifteen years, according to the census of the United States tluMi last preceding; anil the sum of fifteen thousand dollars shall be apportioiu'd among the several towns in j)roportion to the number of school disti'icts in each town, corporate or otherwise. Si-:c'. 3. The money api)ropriati'd from the state shall be denomi- nated " teachers' money," and shall be api)lied tit the wages of teach- ers, and to no other purpose whatever. Skc. 4. No town shall ivcei\e any part of the state a])proi)riation, unless it shall I'aise by tax for the support of public schools, a sum equal to the whole of its proportion of the sum ot thirty-five thousand CH. GO.] DUTIES ON TOWNS, &C., RELATING TO SCHOOLS. ix dollars apportioned to such town from the state treasury ; and shall appropriate the sum so raised as recpiired by the provisions of this title. Sec. f). Jf any town shall refuse to raise or appropriate the sum required in the section next preceding, on or before the lirst of July in any year, its proj)ortion of the public money shall be forfeited, and the general treasurer, on beinfjj officially informed thereof by the com- missioner, shall invest the amount in stocks, to be added to the per- manent school fund. Skc. (!. The commissioner shall draw orders on the fieiieral treas- urer, in favor of all such towns, for their proportion of the a|)pro|)ria- tion for public schools, as shall, on or before the first day of July, annually, comply with the conditions of the fourth section of this chapter. C HATTER GO. OK THE POWERS AND DUTIES 01*^ TOWNS, AND OF THE DUTIES OF Til !■; TOWN TKEASUKER AND TOWN CLERK, RELATING TO PUBLIC SCHOOLS. Section 1. Towns may maintain .schools with- out districts. 2. Towns may bo divided into dis- tricts. 3. Towns may provide school-houses for districts. 4. School committee, how and when, chosen. 5. Suporintondcnt, how appointed, his duties and compen.sation. Section 6. Town treasurer to receive and keep account of school money. 7. To submit statement of Rchool ■ money to committee. 8. To transmit statement of money raised and paid out, to commis- sioner. 9. Town clerks to record boundaries of districts, and distribute school documents. Section ]. Any town may establish and maintain, without form- ing districts, a sufficient number of public schools, of different grades, at convenient locations, luider the entire management of the school committee. Sec. 2. Any town may be divided by a vote thereof, into school districts. All existing districts shall continue until legally altered. Si>:c. 8. Any town may vote, in a meeting notified for that purpose, to provide school-houses with the necessary fixtures and appendages, in all the districts, if there be districts, at the common expense of the town : Provided, that in the latter case, if any district shall provide, at its own expense, a school-house aj)proved by the school committee, such district shall not be liable to be taxed by the town to furnish or repair school-houses for the other districts. Sec. 5, Each town shall, at its annual town meeting for choice of either state or town officers, choose a school committee, to consist of POWERS OF SCHOOL DISTRICTS. [title XIII. not less than tliree residents of said town, and to serve without com- pensation, unless voted by the town ont oi' the town treasury. Sec. o. Any town may appoint or may authorize its school com- mittee to a|)])oint a suj)erintendent of the schools of the town, to perform, under the advice and direction of the committee, such duties and to exercise such powers as the committee may assign to him, and to receive such compensation out of the town treasury as the town may vote. Sec. 6. The town treasurer shall receive the money due from the state treasury, and shall keep a separate account of all money appro- priated by the state or town or otherwise for public schools, and shall pay the same to the order of the school committee. Sec. 7. The town treasurer shall, within one ue'ek after the town meetini:!; at which the committee are elected, submit to them a state- ment of all moneys in his hands belongino; to schools, specifying the sources whence derived, and to what (listricts, if any, they belong. Sec. 8. He shall, on or before the first day of July, annually, transmit to the commissioner of public schools a certificate of the amount which the town has voted to raise by tax for the support of public schools for the year ; and also a statement of the amount paid out to the order of the school committee, and from what sources it was derived, for the year ending with the thirtieth of April next preceding. Skc. y. The toAvn clerk shall record the boundaries of school dis- tricts and all alterations tliereof, in a^book to be kept for that purpose, and shall distribute such school documents and blanks as may be sent to him, to the persons for whom they are intended. CHAPTER 61 OF THE POWERS OF SCIIOOE DISTRICTS. Section 1. School district a body corporate. 2. Powers of school district. 3. District may build and repair school-houses, &:c. 4. May raise monej'- by tax. 5. Officers of the district. G. Powers and duties of dist. officers. Section 7. District taxes, how collected. 8. Town collector may colli.ct. 9. District neglecting to organize, committee may establish school. 10. District may devolve its duties and powers on the committee. Section 1. Every school district shall be a body corporate, and shall be known by its number or other suitable or ordinary desig- nation. Sfcx;. 2. Every school district shall have power to prosecute and defend in all actions, to purchase, receive, hold and convey any real CH. 61.] POWERS OF SCHOOL DISTRICTS. XI or personal property for school purposes, and to establish and main- tain a school library. ^ Skc. 3. Every such district may baild, purchase, hire and repair school-houses, and su])ply tlie same with blackljoards, maps, furniture, and other necessary and useful appendages, and may insure the house and appendages against damage by fii-c: Pruvided^ that the erection and repairs of the school-house shall be made according to the plans approved by the scjiool committee or commissioner. Sec. 4. Every such district may raise money by tax on the ratable property of the district, to support schools and to carry out the pow- ers given them by any of the provisions of this title : Provided, that the amount of the tax shall be approved by the school committee of the town. Sec. 5. .Every such district shall elect a clerk, either one or three trustees, as they may decide, a treasurer and collector, and may HU vacancies in either of said offices ai'ising from death, declining or refusing to serve, resignation, removal from office, or from the district, or otherwise ; and if an election of any of said officers be not made at the time prescribed for the annual meeting, it may be made at any legally notified meetmg afterward. Sec. 6. 1 he clerk, collector and treasurer shall have the like power and shall perforin like duties as the clerk, collectoi' and treasurer of a town ; but the clei'k, collector and treasurer need not give bond unless required b}' the district. Sec. 7. All district taxes shall be collected by the district or town collector, in the same maimer as town taxes are collected. Sec. 8. Any district may vote to place the collection of any district tax or rate bill in the hands of the collector of town taxes, who shall thereupon, without any new bond or engagement, be fully authorized to proceed and collect the same. Sec. 9. If any school district shall neglect to organize, or if organ- ized, shall, for any space of six months, neglect to establish a school and employ a teachei', the school committee of the town may them- selves, or by an agent, establish a school in the district school-house, or elsewhere, in their discretion, and employ a teacher. Sec. 10. Any district may, with the consent of the committee, devolve all the powers and duties relating to public schools in the district on the committee. Xll DISTRICT M K ETINGS . [title XIII. CHAPTER 62. OF DTSTlilCT ]\IEET1NGS. Section 1. Meeting for organization, notice of, how and by whom to be given. 2. Annual meeting, when held. 3. Special meetings how called. ^4. District meetings, where held. 5. Notice of time and place to bo given. Section 6. Mode of giving notice. 7. Moderator, adjournment. 8. Qualitfcation of voters. 9. Clerk to record names of voters on request. Section 1. Notice of the time, place and object of lioldinf:^ tl)e first meeting of a district for organization, or for a meeting to choose officers or transact other bnsiness, in case there be no trnstees anthor- ized to call a meeting, shall be given l)y the school committee of the town, at sach time, and in snch manner as they may deem ])rojier. Sec. 2. Every school district, when organized, shall hold an an- nual meeting in the month of March, April or May of each year, for choice of officers and transaction of any other business relating to schools. Sec. '). The trustees may call a special meeting for election, or other business at any time, and shall call one to be held within seven days, on the written request of any five qualilied voters, stating the object for which they wish it called ; and if the trustees neglect or refuse to call a special meeting when requested, the school committee may call it, and fix the time therefbr. Sec. 4. District meetings shall be held at the school-house unless, otherwise ordered by the district. If there be no school-house, or ]ilace a])pointed by the district, the trustees, or if there he no trustees, the school committee shall dtitermine the place, which shall always be within the district. Sec. 5. Notice of the time and place (jf every annual meeting, and of the time, place and object of every si)ecial meeting, shall be given for five days inclusive, before holding the same. Sec. G. The trustees shall give notice of a district nu>eting, either by publishing the same in a newspaper jmblished in the district, or by putting the notice on the district school-house, or on a sign-post within the district ; or if there be no newspaper, school-house or sign- post, then in such manner as the school committee may direct : Provided, t\\:it the district may, from time to time,' prescribe the mode of notifying meetings, and the trustees shall conform thereto. Sec. 7. Every district meeting may appoint a moderator, and adjourn from time to time. Se(;. 8. Every person residing in the district may vote in district meetings, to the same extent and with the same restrictions as he would at the time be qualified to vote in town meeting, but no person CH. 63.] .JOINT SCHOOL DISTRICTS. XllI shall vote upon any question of taxation of })ro])erty; or expending money raised thereby, unless he shall have paitl, or be liable to pay, a portion of the tax. Sec. 9. The clerk of the district shall record the number and names of the persons votini^, and on which side of the question, at the request of any qualified voter. CHAPTER 3 OF JOINT SCHOOL DISTRICTS. Section 1. Grammar-school may bo e.staLlish- ed by adjoininfj di-stricts. 2. Such districts to constitutca school district. 3. Meeting for organization, time and place of. 4. I'ublic money, proportion of each district, how drawn and to wiiom paid. 5. Consolidated districts in the same- town, powers of. 6. To receive public money as if not united. 7. Mode of organization. Section 8. Consolidated districts in diHeront towns, how formed. 9. ]\Ieeting for organization, how and by wliom called. 10. Powers and supervision of such distrii.'ts. 11. AVhat ])ortion of money entitled to. 12. Corporate pro2:(erty, how owned. 1'3. Apportionment of property when districts are divided. ]4. District added to anotlior owning property, to pay its' i)roportion, if demanded. Section 1. Any two or more adjoining primary school districts in the same or adjoining towns, may, by a concurrent vote, agree to establish a secondary or gramr/iar-school, for the older and more ad- vanced children of such districts. Sec. 2. Such associating districts shall constitute a school district for all the pui-poses of providing a school-house, fuel, furniture and apparatus, and for the election of a board of trustees, to consi.st of one member from each associating district, and for the laying of a tax for school ])urposes, and fixing rates of tuition, with all the rights and privileges of a school district so far as the secondary school is con- cerned. Sec. 3. The time and place for the meeting for organization of such associating districts may be fixed by the school committees, and any one or more of the associating districts may delegate to the trustees of the secondary school, the care and management of its pri- mary school. Sec. 4. The school committee of the town or towns in which such secondary school shall be established, shall draw an order in favor of the trustees of said school, to be paid out of the public money appro- priated to each district interested in the secondary school, in propor- tion to the number of scliolars from each. xiv JOINT SCHOOL DISTRICTS. [tITLE XIII. Sec. 5. Any two or more adjoinino; school districts in the same town may, by concurrent vote, with the a])))robation of the school committee, unite together and be consoMdated into one district, for the purpose of supporting public schools ; and such consolidated district shall have all the powers of a single district. Sec. 6. Such consolidated district shall be entitled to receive the same proportion of public money the districts would receive if not united. Sec. 7. The mode of organizing such consolidated district and calling the first meeting thereof, shall be regulated or prescribed by the school committee. Sec. 8. Two or more contiguous districts, or parts of districts in adjoining towns, may be formed into a joint school district by the school committees of such towns concui'ring therein ; and all joint districts which have been or shall be formed, may by them be altered or discontinued. Sec 9. The meeting for organ-ization of such joint district shall be called by notice signed by the school committees of such towns, and set up in one or more places in each district, or part of a district. Sec 10, Such joint district shall have all the powers of a single school district, and shall be regulated in the same manner, and shall be subject to the supervision and management of the school committee of the town in which the school is located. Sec. 11. A whole district making a portion of such joint district, sliall be entitled to its portion of public money, in the same manner as if it remained a single district; and when part of a district is taken to form a portion of such joint district, the school committee shall assign to it its reasonable proportion. Sec. 12. When any two or more districts shall be consolidated into one, the new district shall own all the corporate property of the several districts. Sec lo. When a district is divided, and a portion taken from it, the funds and property, or the income and proceeds thereof, shall he divided among the several parts, in such manner as the school committee of the town or towns to which the districts belong, may determine. Sec 14. When a part of one district is added to another district or part of a district owning a school-house or other property, such part shall pay to the district or part of a district to which it is added, if demanded, such sum as the school committee may determine. H. 64.] LEVY OF DISTKICT TAXES. XV CHAPTER G4. OF THE LEVY OF DISTRICT TAXES, AND OF RATE BILLS FOR TUITION. Section | Section 1. District taxes, how levied. 1 8. Assessment of taxes in joint dis- 2. Town assessors to assess value of ' tricts. j)roperty, in what cases- I 9. Rate of tuition, Ly whom fixed. 3. Notice of such assessment, how j 10. Limit to rate of tuition. given. IL Rate of tuition, when to he fixed 4. Commissioner in certain cases may ■ ! by committee. order assessment. 12. Persons exempt from paying rate 5. Errors in assessment, how corrected, j hills. 6. Abatement of taxes, how and when | 13. Rate bills, how to be paid and col- to be made. I lected. 7. School-house and taxes of joint dis- ! 14. When trustees may prescribe rate tricts, by whom to be approved. bills. Section 1. District taxes shall be levied on the ratable property of the district, according to its value in the town assessment then last made, unless t!iQ district shall direct taxes to be levied upon the next town assessment ; and no notice thereof shall be required to be given by the trustees. Sec. 2. The trustees of any school district, if unable to agree with the parties interested, with regard to the valuation of any pro- perty in such district, shall call upon one or more of the town asses- sors not interested, and not residing in the district, to assess the value of such property so situated, in the following cases, namely : When any real estate in the district is assessed in the town tax bill with real estate out of the district, so that there is no distinct or separate value upon it ; when any person possessing personal property shall remove into the district after the last town assessment; when a division and apportionment of a tax shall become necessary by reason of the death of any person, or the sale of such property ; when a person has invested personal property in real estate, and shall call upon the trustees to place a value thereon : and when property shall have been omitted in the town valuation. Sec. 3. The assessors shall give notice of such assessment, by putting up notices for ten da_vs in three of the most public places in or near the district ; and after notice is given as aforesaid, no person neglecting to appear before the assessors shall have any remedy for being over-taxed. Sec. 4. If a district tax shall be voted, assessed and approved of, and a contract legally entered into under it, or such contract be legally entered into without such vote, assessment or apjuoval, and said district shall thereafter neglect or refuse to proceed and collect a tax, the commissioner, after notice to and hearing of the parties, may Xvi LEVY OF DISTRICT TAXES. [tITLE XIII. api oin assessors to assess a tax, and may issue a warrant to tlie col- lector of the district, or to a collector by him appointed, authorizing and requirincr him to proceed and collect said tax. Sec. 5. Errors in assessing a tax may be connected, or the tax reassessed in such manner as may be directed or approved bv the commissioner. Sec. G. When any person who has paid a tax for building or repairing a school-house in one district, shall, by alteration of the boundaries thereof, become liable to pay a tax in any other district, if such person cannot agree with the district, such abatement of the tax may be made as the school committee, or in case of a disti-ict composed from different towns, as the commissioner may deem just and proper. Sec. 7. When a joint district shall vote to build or repair a sciiool- house by tax, the amount of the tax and the plan and speciHcations of the building and repairs sliall be approved by the school committees of the several towns, or by the commissioner. Sec. 8. In case of assessing a tax by a joint or secondary district, if the town assessments be made upon different principles, or the relative value be not the same, the relative value and proportion shall be ascertained by one or more persons, to be appointed by the com- missioner, and the assessment shall be made accordingly. Sec. 9. Any school district, in addition to the money received from the state and town appropriations, may fix, or authorize its trustees to fix, subject to the approval of the school committee of the town, a rate of tuition, to be paid by the persons attending school, or by their parents, employers or guardians, towards the expense of fuel, books and other expenses, including estimated deficiencies of pay- ments. Sec. 10, The rate of tuition so fixed, shall not exceed one dollar for each scholar for any term of eleven W(ieks, except in towns or districts where different grades of schools are established ; and in such towns or districts the rate for higher tirades shall not exceed two dollars for each scholar, for the same time. Sec. 11. In all cases in which there is no district organization, the school committee may fix the rate of tuition. Sec. 12. The district, the trustees, or committee, shall exempt from the payment of any such rale bill any person whom they shall consider unable to pay the same, Sec. 13. All such rate bills may be required to be paid ni advance, or may be delivered to the town or district collector, and may be by them collected in the same. manner as town taxes are collected. Sec. 11. The trustees may prescribe and collect a rate, in their discretion, sufficient to keep the school for the four months required by law, without any vote of the district. CH. 65.] TRUSTEES OF SCHOOL DISTRICTS. XVll CHAPTER (5 5. OF THE TRUSTEES OF SCHOOL DISTRICTS. Section 1. Ti-ustees to have care of school- houses and employ teachers. 2. To provide school-rooms, and visit schools. 3. To provide in certain cases hooks for scholars. Section '4. To make tax and i-ate hills, and issue warrants. 5. To make , returns to school com- mittee. 6. To receive no compensation unless bv district tax. Sec. 1. The trustees of the school districts shall have the custody of the scool-house and other district property, and shall employ one or more qualified teachers for every fifty scholars in average daily attendance. Sec 2. They shall provide school-rooms and fuel, and shall visit the schools twice at least during each term, and notify the com- mittee or superintendent of the time of opening and closing the school. Sec. 3. They shall see that the .scholars are properly supplied with books, and in case they are not, and the parents, guardians or masters have been notified thereof by the teacher, shall provide the same at the expense of the district, and add the same to the next rate bill of such person. Sec. 4. They shall make out the tax bill and rate bills for tuition against the ])erson liable to pay tlie same, and deliver the same to the collector with a warrant by them signed annexed thereto, re- quiring him to collect and pay over the same to the treasurer of the district. Sec. 5. They shall make returns to the school committee in man- ner and form prescribed by them or by the commissioner, or as may be required by law, and perform all other lawful acts required of them by the district, or necessary to carry into full effect the powers and duties of districts. Sec 6. Trustees shall receive no compensation for services out of the money received from either the state or town appropriations, nor in an}^ way unless raised by tax by the district. CHAPTER CjQ OF THE POWERS AND DUTIES OF SCHOOL COMMITTEES. Section 1. Chairman and clerk, how chosen and removed. Section 2. Stated meetings when held, and CLUorum of. Xviii POWKHS AND DUTIKS OF ROHOOI, COMMITTEES. [tITLE XIII. 3. C'oiiuiiitti'O miiy uUit iuul discou- tinuo ilistiicts. To locate ;iU school-liousois. Ijand I'or srhool-houso sites, if tiik- 011 without owiiLTs' coiKScnt, how iij)])i'aiscil. Appeals, how takoii. Committoo to oxaiuiiio tcuichers, ami when to annul certificatos. To visit schools, when and how often. INIay euiploy jicrson to visit schools. To make rules and ii\i>ulations for schools. . May suspend or expel pui)ils. Vacancies in connnittoe, howiillod. Conimitteo to manage sidiools if town is not divided into districts. Apportionment of the town's share of thirty-five thousand dollars. Ski; ir. IG, 17 18 21. TION . Of lifteiMi tliousand dollars. . Of registry tax and other funds. . Notice of apportionments to bo g'iven to trustees. . Orders on town treasurer, in what cases, and on what conditions to bo i^-ivc^n. . Orders, to whom payables . Orders not to be given unless ser- vices have been performed. INIoney forfeited, or unexpended. liow to be divided. . Reports to commissioner, and town, when to bo made. . Expense of printing re]iorts, lunv to bo paid. . Attendance of childriMi in adjacent districts, or towns. Section 1. Tlie .^cliool coniinitteo of eacli town slinll clu)ose a chainrii\n aiul clerk, eitlier of whom may si^n any orders or ofHcial pa])er.s, and maybe removed at the pleasure of said committee. Sec. 2. 'IMiey sitall hold at least four stated meetinos, viz. : on tlie second Mondays of January, April, -July and October, in every year, and as niucli oftener as the state of the schools shall re(pnre. A majoi-ity of the number elected shall constitute a quorum unless the committee consist of more than six, vvdien four shall be a quorum, but any number may adjourn. Sec. o. They may alter and discontinue school districts, and shall settle their boundaries w hen undefined or disputed ; but no new dis- trict shall be formed with less than forty children, between the ages of four and sixteen, unk'ss with the apjirobation of the conunissioner. Sec. 4. The\i shall locate all S(;iiool-houses, and shall not abandon or chanere the site of any without good cause. Sec. 5. In case the school connnittee shall fix upon a location for a school-house in any district, and the district shall have passed a vote to erect a school-house, or when; there is no district organiza- tion and the connnittee shall lix upon a location for a school-house, and the proprietor of the land shall refuse to convey the same, or cainiot agree with the district for the price thereof, the school com- mittee of their own motion, or u))on application of the tlistrict, shall be authorized to appoint three disinterested persons, who shall notify the parties and decide upon the valuation of the land ; and upon the tender, or payment of the sum so fixed upon to the proprietor, the title to the land so fixed upon by the school connnittee, not exceed- ing one half of an acre, shall vest in the district for the purpose of maintaining a school-house and the necessarv a])pendages thereof. Sec. G. An appeal in such cases shall be allowed to the court of CH. i)Q.^ POWERS AND DUTIES OF SCHOOL COMMITTEES. xix common ]>lt>as in the same manner and witli the same effect, as is provided by law, in cases oi' hiyin<>; out highways. Sec. 7. The committee shall examine by themselves or by some one or more persons by them a{)pointed, all applicants for the situa- tion of teachers in the public schools of the town, and sliall after five days notice in writino; annul tlie certificates of such as prove uncpial- ified or will not conform to the regulations of the committee, and in such case shall give immediate notice thereof to the trustee of the district in wliich such teacher is em|)loyed. Sec. 8. Thev shall visit by one or more of their number every public school in the town, at least- twice during each term, once within two weeks of its opening, and once within tw(> weeks of its clos(!, at which visits they shall examine the register and other mat- ters touching the sehool-house, librai'V, studies, books, discipline, modes of teaching and impi-ovement of the schools. Sec. 9. The committee may employ some person, of or not of their number, to perforni the duty required of them by the next pre- ceding section, and such i)erson shall receive such compensation as the committee may allow, out of the money raised b}' the town, or as the town may allow. Sec. 10. They shall make and cause to be put uj) in each school- house rules and regulations for the attendance and classiHcation of the i)upils, for the introduction and use of text-books, and works of reference, and for the instruction, government and discipline of the public schools, and shall [jrescribe the studies to be pursued therein. Sec. 11. They shall suspend during ])Ieasure, or expel during the school term, all pupils found guilty of incorrigibly bad conduct, or violation of the school regulations, and shall reiidmit them on satis- factory evidence of amendment. Sec. 12. They shall fill any vacancy in the committee occasioned by the death, declining or refusing to serve, resignation, removal from olfice or from the town, or otherwise. Siic. VS. Where a town is not divided into districts, or shall vote in a meeting duly notified for that purpose, to provide schools, with- out reference to such division, the committee shall manage and regulate said schools, and draw all orders for the payment of their exj)enses. Sec 14. When the ])ublic schools are maintained by district organization, the committee shall apportion, as early as i)racticable in each year, among the districts, the town's proportion of the sum of thirty-five thousand dollars received from the state, one half ecjually, and the other half according to the average daily attendance of the schools of the preceding year. Sec. 15. When the town is divided into school districts having the management of their own concerns, the committee shall appor- tion equally among all the disti'icts of the town, the town's proportion of the sum of fifteen thousand dollars received from the state. Sec. It). They shall ajjportion the money received from the town, from the registry tax, from funds or other grants, either equally or in such proportion as the town may direct, and for want of such direc- tion, then iu such manner as they deem best. XX POWERS AND DUTIES OF SCHOOL COMMITTEES. [tITLE XIII. Sec. 17. They shall, immediately after making the apportion- ment among the several districts as provided in the three sections next precedmg, give notice to the trustees of the amounts so ap})or- tioned to each district. Sec. 18. They shall draw an order on the town treasurer in favor of such districts only, as sliall have made a return to them in manner and form prescribed by them or by the commissioner, or as may be required by law, from which it shall appear that for the year ending on the first of May previous, one or more public schools have been kept for at least four months by a qualified teacher in a school-house approved by the committee or coumiissioner, and that the money designated "teachers' money," received tlie year previous, has been applied to the wages of teacliers and to no other purpose. Sec. 19. Such orders may be made payable to the trustees or their order, or to the district treasurer, or teacher ; and if the treasurer receive the money, he shall pay it out to the order of the trustees. Sec. 20. The committee shall not give any such order until they are satisfied the services have actually been performed for which the money is to be paid ; and the register, properly kept, has been depos- ited with the committee, or with some person by them appointed to receive the same. Sec. 21. At the end of the school year, any money appropriated to any district which shall be forfeited, and the forfeiture not remitted, or which shall remain unexpended, may be divided by the conunittee among the districts the following year. Sec. 22. The committee shall prepare, and submit annually, a report to the commissioner, on or before the first day of July, in manner and form by him prescribed; also a written or printed report to the town at the annual town meeting, when the school committee is chosen, setting forth their doings, the state and condition of the schools, and plans for their improvement, which report, unless printed, shall be read in open town meeting, and they shall transmit a copy thereof to the commissioner, on or before the first day of July in each year. Sec. 23. The committee may reserve annually out of the public appropriation, a sum not exceeding twenty dollars, to defray the ex- pense of printing their report. Sec. 24. The school committee of any town, or trustees of any school dirstrict, may make arrangements with the school committee of any adjacent town, or trustees of any adjacent district, for the attendance of such children as will be better accommodated in the public schools of such adjacent town or district, and may pay such portion of the expense as may be just and pro))er. When, however, children attend in the public schools of such ad- jacent town or district without such arrangements with the school committee or the trustees, it shall be tlie duty of the trustees where they so attend, to render at the end of each and every school term to the trustees of the district where such children beloni;;, an accurate account of such attendance ; antl in estimiting the " average daily attendance" such attendance shall only be reckoned for the district where such children belong. CH. 67.] TEACHERS. Xxi CHAPTER 67 • OF TEACHERS. Section SECTIo^' 1. Certificate of qualification reciuired. 2 . Certificate valid for one year. 3. Qualifications of teachers. 4. Teachers may be dismissed. 5. Teachers to keep register of schol- ars attending school, and prepare district's return. 6. Moral instruction. Section 1. No person shall be employed in any town to teach as princi|ial or assistant in any school, supported entirely or in part by the public money, unless he has a certificate ot' qualification, signed either by the school connuittee of the town, or by some person or persons appointed by said committee. Sec. 2. Such certificate, unless annulled, if signed by the school committee, shall be valid within the town for one year. Sec. 3. Tlie school committee shall not sign any certificate of qualification unless the person named in the same shall produce evi- dence of good moral character, and be found on-examination qualified to teach the English language, arithmetic, ])enmanship, and the rudi- ments of geography and liistory, and to govern a school. Sec. 4. Ihe school committee of any town may dismiss any teacher who shall refuse to conform to the regulations by them made, or for other just cause, and in such case shall give immediate notice to the trustees of the district. Sec. 5. Every teacher in any public school shall keep a register of all the scholars attending said school, their sex, ages, names of yjarents or guardians, the time when each entei's and leaves the school, the daily attendance ; together with the days of the month on which the school is visited by any officer connected with public schools, and shall prepare the district's retnrn to the school committee of the town, if requested to do so by the trustees. Sec. 6. Every teacher shall aim to implant and cultivate in the minds of all children committed to his care, the principles of morality and virtue. CHAPTER 68. OF LEGAL PEOCEEDINGS RELATING TO PUBLIC SCHOOLS. Section Section 1. Appeals from decisions relating to j 2. Statement of facts may be pre- public schools, to whom made; duty sented to justice of supreme court, of commissioner to hear and decide. ! XXll PROCEEDINGS RELATING TO PUBLIC SCHOOLS. [tITLE XIII. Sectiox 3, AppeaLs, rules of, i)rcsci'ibod Ly commissioner. 4. Matters in disjnite may be submit- ted to ct)mmissioncr by agreement. f). Votes ordering- district taxes or rate bills, iinal unless appealed from. 6.* Cost, in what cases not to be taxed against school officers. 7. Suit against district may be an- swered bj^ inhabitant of district. 8. School-house and lot exempt from attachment. Suction 9. Judgments against school districts, how satisfied. 10. Same subject. 11. Process against school district, how to be served. 12. Inhabitants of districts may bo witnesses. 13. Record of clerk of district prima facie evidence. 14. Commissioner to hear and decide appeals. Section]. Any |)Ci\son may appeal from t lie deci.sion or doino-s of any school committee, district meetino;, trustees, or in any other matter arisini;- under this title, to the commissioner of public schools, who .is hereby authorized and required to examine and decide the same without cost to the parties. Sec. 2. The conunissioncr may, and if re(piested, on hearing of such appeal, by either party, shall, lay a statement of the facts of the case before some one of the justices of the supreme court, whose decision shall be final. Skc. o. The counnissioner may prescribe from time to time rules reo'ulatiiio; the time and manner of making such appeals, and to i)re- vent their being made for trilling and frivolous j)retences. Se{;. 4. Any persons having any uiatter of dispute between them arising under this title, may agree in writing to submit the same to the adjudication of said commissioner, and his decision therein shall be final. Sec. 5. If no aj)j)eal be taken from a vote of a district relating to the ordering of a tax or rate bill, or from the proceedings of the oliicers of the district in assessing the same, or if on appeal, such proceedings are confirmed, the same shall not again be questioned before any court of law or magistrate whatever: Provided^ that this section sliall not be construed to dis])ense with legal notice of the meeting, or with the votes or jjroceedings being approved by the school committee or commissioner, whenever the same is recpiired by law. Sec. 6. In any civil suit before any court, against any school officer, for any matter which might by this chajiter have been heard and decided by the counnissioner, no cost shall be taxed for the plaintiff, if the court are of' opinion that such officer acted in good faith. Sec. 7. Any inhabitant of a district, or person liable to pay taxes therein, may be allowed by any court to answer a suit brought against the district, on giving security for costs, in such manner as the court may direct. Sec. 8. The school-house lot, with the school-house and appen- dages, shall be exempt frt)m attachment, or sale on execution in any suit airainst the district. CH. 68.] PROCEETHNGS RELATING TO PUHLIC SCHOOLS. XXlii Sec. 0. When jndo'inent sliall be recovered in any court of record ao-ainst any school district, tiie court renderinnr Judgment shall order a warrant to he issued, it' no appeal be taken, to the assessors of taxes of tlie town in which such district is situated, or in case a joint dis- trict, com])Osed of parts of towns, then to one or more of the assessors of each town, with or without designating them, requiring them to assess upon tlie ratable propc;rty in said district, a tax sufficient to j)ay the debts. or damages, costs, interest, and a sum in the discretion of the court sufficient to defray the expenses of assessment and collec- tion. Said assessors shall, witiiout a new engagement, proceed to assess the same, giving notice as in case of other district taxes. Sec. 10. Said warrant shall also contain a direction to the col- lector of the town^ or in case of a joint district, then to the collector of either town the court may direct, requiring him to collect said tax ; and said warrant, with the assessment annexed thereto, shall be a sufficient authority for the collector, without a special engagement, to proceed and- collect the same with the same i)ower as in case of a town tax ; and when collected, h.e shall ])ay over the same to the parties to whom it may belong, and the surplus, if any, to the district. And the court may require a bond of tlie collector at their discretion. Sec. 11. When any writ, summons, or other process shall issue against any school district in any civil suit, the same may be served on the treasurer or clerk, and if there are no such officers to be found, the officer charged with the same may post up a certified copy thereof on the door of the school-house, and if there is no school-house, then in some most |)ublic ])lace in the district, and the same when proved to the satisfaction of the court, shall constitute a sufficient service thereof. Sec. 12. Inhabitants of school districts, or persons paying taxes therein, shall be competent witnesses in all civil and criminal cases, notwithstanding such interest, if not otherwise disqualified. • Sec. 18. The record of a clerk of a district, tha.t a meeting has been duly or legally notified, shall be prima facie evidence that it has been notified as the law requires. The clerk shall procure, at the expense of the district, a suitable bound book for keeping the records therein. Sec. 11. .The commissioner shall hear and decide all appeals, and may remit all fines, i)enalties and forfeitures incurred by any town, distiict or person under any of the provisions of this title, except the forfeiture incurreil by any town for not raising its propor- tion of money as specified in section four, of chapter fifty-nine of this title. xxiv ACT ESTABLISHING NORMAL SCHOOL. [tITLE XIII. CHAPTER 69. NORMAL SCHOOL AND SCHOOL JOURNAL. Section 1. One Noi-mal School. 2. Supervision of trustees. 3. Duties of trustees. 4. Location of school. Section 5. Examination of pupils. 6. Apportionment of applicants. 7. Annual appropriation. 8. Educational Journal. Section 1. There shall be established, as hereinafter provided, one normal scliool, to be called the State Normal School, for the trainincT of teachers in the art of o;overnino; and instructino; the com- mon schools of the state. Sec 2. Said school shall be under the supervision of a board of trustees, to be called the trustees of the normal school. This board shall consist of the i^overnor (e.?; officio') president, the commissioner of the public schools Qix officio) secretary, and five other members, one from each county in the state ; who shall, from and after their first appointment by the general assembly, in grand committee, be annually a])|)ointed by the general assembly, in grand committee, at its May session, in the order hereinafter j^rovided. Of these five, two shall hold their office for three years, two for two years, and one for one year; the term of office of each to be determined by lot or other- wise ; the vacancies to be filled by appointment by the general assem- bly, in grand committee, for the residue of the term which shall so be- come vacant. Sec. 3. It shall be the duty of said board to meet quarterly, at such time and f)lace as they may determine ; to keep a record of their proceedings, and to report the same annually, in connection with the report of the commissioner of public schools, to the general assembly, at its January session. It shall also be the duty of said board to visit, by one or more of their number, said school, at least once during each term, antl to report its condition to the full board, at its next succeed- ing quai'terly session. The expenses neces.sarily incurred by said board of trustees, or any one of their number, in the discharge of official duties, shall be defrayed oqt of the fund hereby appropriated for the support of said school ; but they shall receive no compensa- tion for their services. A majority of said board shall constitute a quorum for the transaction of business ; but any number may adjourn. Sec. 4. To said board of trustees shall be committed the location of said school, the application of the funds for the support thereof, the appointment of the principal and teachers, and the power of removing the same for proper cause ; the power to j)rescribe rules for its man- agement, and to grant diplomas. Said trustees are hereby authorized, CH. 70.] TRUANT CHILDREN AND ABSENTEES. XXV from and after the summer term of the year one thousand eight hundred and sixty-one, (1861,) to change the location of said normal school, from time to time, as they may deem best for the interest of said school, and for the accommodation of tlie pupils in tlie different parts of the state ; provided, suitable buildings and fixtures are fur- nished without expense to the state. Sec. 5. The number of pupils shall not at any time exceed one hundred and twenty-five. All applicants must declare, in writing, their intention to qualify themselves for teachers in the state ; they must present to the principal a certificate of good moral character, and of such other personal qualifications as ought to be found in every instructor of the young. They must be, if males, at least sixteen ; and, if females, at least fifteen years of age. They must pass a satis- factory written and oral examination, by the principal, in reading, writing, spelling, -arithmetic, geography and grammar, and must remain in the school at least one full term. Sec. 6. The trustees shall apportion for each county, from the whole number of applicants who are qualified, in accordance with the requirements of the next preceding section, a number of pupils pro- portionate to the population of each county. If there shall not be a sufficient number of applicants from any county to fill the number of appointments, allowed to each county, the trustees shall fill the vacancv from among the whole number of remaining applicants. To all pupils so admitted to the school, the tuition and all the privileges of the school shall be gratuitous. • Sec. 7. A sum not exceeding two thousand five hundred dollars, is hereby annually appropriated for the establishment and support of said school. Sec. 8. A sum, not exceeding three hundred dollars, is hereby annuallv appropriated for the purpose of distributing in the several school districts, under the direction of the commissioner of public schools, some educational journal, published in this state. Sec. 9. All other acts in relation to the normal school, teachers' institute, and addresses, in the several school districts, are hereby repealed. Sec. 10. This act shall take effect immediately after its passage. CHAPTER 70. OF TRUANT CHILDREN AND ABSENTEES FROM SCHOOL. Section 1. Towns may make ordinances re- specting truants. Section 3. Ordinances to be approved by tlie commissioner. 2. Penalty for violation of such ordi- i 4. Towns to appoint persons to make nances. complaints for the violation of such I ordinances. Section 1. Each of the several towns of this state is authorized and empowered to make all needful provisions and arrangements XXVI PROVISIONS RELATING TO PUBLIC SCHOOLS. [tITLE XIII. conccniino; Imbitual truants, and children between the ages of six and sixteen years not attending school, withont any regular and law- ful employment, and growing up in ignorance, and, also, such ordi- nances and by-laws res])ecting such children as shall be deemed most conducive to their welfare, and the good order of sucii town. Sec. 2. There shall be annexed to such ordinances suitable ])en- alties not exceeding, for any one breach thereof, a fine often dollars, or, instead of such tine, the offender may be committed for a period not exceeding one year to any such institution of instruction, or suita- ble situation, as may be provided for that purpose under the authority given in the section next preceding: Provided^ that no child shall be sent to any })lace used for the reception of criminals, or to any reform school. Sec. o. Such ordinances and by-laws shall not take effect until approved by the commissioner of public schools. Sec. 4. The several towns, availing themselves of the provisions of this chapter shall ajipoint, at their annual town meetings, or annu- ally by their town councils, three or more persons, who alone shall be authorized to make the c(implaints, in case of violation of said ordinances or by-laws, to the justice of the peace, or court which, by said ordinances shall have jurisdiction in the matter ; and said persons thus appointed shall alone have authority to carry into execution the judgment of said justice or court. CHAPTER 71. GENEllAL PKOVISIONS RELATING TO I'UBLIC SCHOOLS- Section 1. No person excluded from school unless by general rule. 2. School oiScors to ho sworn. 3. Engagement of district clerk, and oflFoct of his record. 4. Fine for neglect to take engage- ment. 6. Tenure of office of school officers. 6. Penalty for nog'l(>ct of duties. 7. School oflicors refusing to account, to ho liahlo to suit. Section 8. School committee may visit schools incorporated or aided hy the state. 9. Penalty for I'cfusiug to (xdmit such committee. 10. Penalty for nuisances near school- houses. 11. Construction of the word "town." 12. Public schools in city of Provi- dence, how governed. Section 1. No person shall be excluded from any public school in the district to which such ])erson belongs, if the town is divided into districts, or, if not so divided, from the nearest public school on account of being over fifteen years of age, nor except by force of some general regulation applicable to all persons under the same cir- CH. 71.] PROVISIONS RKLATING TO PUBLIC SCHOOLS. XXvii cumstances, and in no saso on account of the inability of himself, his parents, guardian or employer, to pay any rate bill, tax or assessment whatever. Sec. 2. All school officers appointed under the provisions of this title, except the moderator of a district meeting, shall take an engage- ment before some judge, senator, justice or warden, notarj', town clerk, member of the town council, or chairman or clerk of the school committee, to sujiport the constitution of the United States, the con- stitution and laws of this state, and faithfully to discharge the duties of their several offices, so long as they continue therein. Sec. 8. The clerk of the district may take the engagement in open district meeting, before the moderator, or any magistrate pre- sent, and the clerk's record that any district officer has been duly engaged, shall he prima facie evidence thereof; and all district school officers may be engaged by the clerk of the district. Sec. 4. If any school ofhcer shall not take such engagement within a reasonable time, he shall be fined one dollar, but all acts of such officers otherwise lawful, shall be valid from the time of their election or appointment. Sec. 5. All officers under the provisions of this title shall, without a new engagement, hold their offices until the time of the next an- nual election or appointment lor such office, and until other persons are appointed in their places. Sec. 6. Any officer who shall make any false certificate, or ap- propriate any public school money to any purpose not authorized by law, or who shall refuse for a reasonable charge to give certified copies of any official paper, or to account or deliver to his successor, any accounts, papeis or money iti his hands, or shall wilfully or know- ingly refuse to perform any duty of his office, or violate any provis- ions of any law regulating public schools, except where a particular penalty may be [)rescribed, shall be fined not exceeding five hundred dollars, or imprisoned not exceeding six months, and shall besides be liable to suit for damages by any person injured thereby. Sec. 7. Any such officer refusing to account or to deliver over any accounts, pa})ers or moneys to his successor in office, shall, in addition to the foregoing penalty, be liable to a suit therefor, to be brought by such successor. Sec. 8. Any school or asylum incorporated by or receiving aid from the state, either by direct grant or by exemption from taxation, shall be liable to be examined or visited by the school committee of the town or city in which such institution is situated, whenever the committee shall see fit. Sec. 9. Any such institution refusing to admit such committee, when requested, shall be fined one hundred dollars ; and their exemp- tion from taxation shall thereafter cease and be determined. Sec. 10. If any person shall keep any swine, of any description, in any pen or other inclosure, or who shall keep or suffi'r to be kept any other nuisanc;e within one hundred feet of any district school- house, or within one hundred feet of any fence inclosing the yard of any such school-house, he shall be fined twenty dollars, one half XXviii PROVISIONS relating to public schools. [title XIII. thereof to and for the use of the school district in which said offence is committed, and tlie other half thereof to and for the use of the state. Sec. 11. In the construction of this title, except in the construc- tion of the seventieth chapter tiiereof, and the eighth and ninth sections of this chapter, the word town shall include the city of Provi- dence only so far as to entitle said city to a distributive share of the public money, upon making a report to the commissioner in the same manner as the school committees of other towns are required to do. Sec. 12. The public schools in said city shall continue as hereto- fore to be governed according to such ordinances and regulations as the proper city authorities may from time to time adopt. CH. 616.] NORMAL INSTRUCTION. Xxix CHAPTER 616. AN ACT TO PROVIDE COMMON SCHOOLS TEACHERS WITH ADDI- TIONAL NORMAL INSTRUCTION. /;; is enacted hy the Cf-eneral Assembly asfollotvs : Section 1. The General Treasurer shall pay yearly on receiving an order to that effect from the Commissioner of Public Schools, to the Trustees of the Academy at East Greenwich, and to any other Academies or Hio;h Schools, possessing, in the opinion of the Com- missioner, suitable appliances for furnishing " Normal instruction," the sum of fifteen dollars, (-$15,) for each scholar who shall have been in said Academy or Academies and High Schools, instructed for not less than one term, in accordance with the requirements of this act, in the studies taught in the common schools of this State and in the science of common school teaching, provided the whole amount thus appropriated shall not exceed fifteen hundred dollars ($1500) per year. Sec. 2. The Commissioner shall not give his order for any amount, as above provided, until the Trustees of said Academy or Academies and High Schools shall have furnished him satisfactory evidence that a class, not to exceed forty in number in any Academy or High Schools, have been instructed with special reference to teaching in the common schools, and said trustees shall obtain from each person thus taught, a certificate, stating his or her intention to become a teacher, and shall furnish the same to the Commissioner of Public Schools, and tliey shall also furnish him a certificate stating such per- sons' qualifications for teaching, to the satisfaction of said School Commissioner ; provided, that in case the number so instructed shall exceed one hundred persons, the aforesaid sum of $1500 shall be divided pro rata among the whole number thus taught. REMARKS. REMARKS ON SOME OF THE PROVISIONS OF THE SCHOOL LAW. AND ON THE DUTIKS OF DIFFERENT OFFICERS AND BODIES CORPORATE UNDER THEM. TOWNS. In order to receive its allowance from the State treasury, a town nmst first vote to raise the amount the law requires; and if voted an- nually, the vote must be passed on or before July 1st, in every year. But an ajipropriation may be made by a standing by-law, under which the town treasury may every year make the necessary appropriation. The revised statutes i-equire each town to raise one-half of the amount it receives from the division of the thirty-five thousand dol- lars. This will add to the tax of only about five towns in the State, and but a very small sum annually to each of their tax bills. This change in the law shouhl be especially noted, or some of these towns may, by neglect, forfeit the whole money they now receive from the State. Let them and all the towns remember that they can hardly expend too much money on their schools, if they expend it under the most rigid system of supervision ; and when such intelligent control and visitation are not demanded, almost the whole of any small amount of money raised for schools will be comparatively a waste. It is believed that where a town is divided into districts, and each district has trustees to manage its own local affairs, it will be better to have the town's committee a small one, provided competent i)er- sous can be obtained to undertake it. Their duties are to examine teachers, visit, and have a supervision of the schools. There is dan- ger that a large committee will not meet often, and that they will attempt to perform too many of their duties by small sub-committees of one or more. The delegation by the whole committee, to each member, of the power to manage some particular district, was one great cause of the inefficiency of the former system. The examina- 2 remakkS. tion of tcacliers sliould, in all cases wlierc it is possible, be done by the vvliole connnittee ; and incompetent persons will be less likely to apj)ly to the whole conmiittee, than to a single member, to be examined, and the persons appointed to visit particular schools, should always make specific reports to the whole b(jard at their monthly or quarterly sessions. In this M'ay alone can the annual reyiort of the school committee bo made up properly and as fully as is necessary. Special attention to the duties of examination of schools alone can fit the committee to make such annual communication to the people of the town on the subject of their schools, as shall be of greatest service to them. This annual report should by all means be printed and circulated amono; all the citizens of the town. The mothers and the sisters of the scholars should see it as well as the fathers and voters, and the only way in which they can. all enjoy this pri\'ilef!;e is to have it jM'inted and at least one copy I'nrnished to each family in the town. It is then easy to make all citizens acquainted with, the workings of our school system, and to induce them carefully to guard the expen- ditures made for the common benefit. By the new act, a town may appoint or authorize its committee to appoint a sui)crintendent of schools. In such case the sui)erintendent will ])erform the duties of examining teachers, visiting schools, and such other duties as the connnittee may assign him. This will re- lieve the connnittee of a very laborious portion of their duties, and at the same lime secure a far more accui-ate and careful com])arison of one school with all the others in the town. It will also give far more regularity and systematic teaching in all the schools, and will aid the teachers in many cases of government and discipline where they greatly need the benefit not oidy of greater authority, but a wiser and more exi)erienced judgment. Several towns have already adopted this mode of conducting their schools, and not one is known to have regretted the progressive step. A good way might be for two oi' three towns to unite and employ a man who should devote his whole time to their schools, ]iaying him in proportion to the time actually spent in the schools of each town. I'he only objection that could be made to such an arrangement would probably be the mutual jealousies of towns. But it is to be ho])ed that these will not stand in the way of some method of brinjiino; about the aj)puintment of superintendents of schools in every town in the State. The town treasurer slnndd, as soon as the State money is ajipor- tioned, which is to be done in May, and as soon as the school committee have made their report and the town has voted to raise what the law TOWN TREASURER. TOWN TREASURER. requires, apply to the commissioner for an order for his town's por- tion. If the town appropriation be made by standing by-law instead of an annual vote, he may apply immediately, provided the school committee have made the report the law requires. Some towns make a practice of depositinn; their school money in some bank,' which will pay them a low rate of interest. But it should be always subject to order. If the treasurer is newly elected, or his election not generally known, it may be well for him to procure from the town clerk a cer- tificate to the fact of his beinir town treasurer. He is to keep a separate account of all school moneys, and is, within one week after the annual town meeting, to furnish the school committee with a particular account of all school moneys in his hands, the sources from which derived, &c. He can only pay out the school money, (whether derived from the State, town, or registry tax,) to orders signed by the chairman or clerk of the school committee, and if he pays it out or appropriates it otherwise, he would be liable to the penalty of the law. The town treasurer, to obtain the State appropriation, should fur- nish to the commissioner a certificate substantially in the following form, signed by himself, or the town clerk : — Town of A. D. 18 I certify, that, in addition to the funds received from the State, and to the unexpended school moneys of last year, received from all sources, this town has, by vote passed in legal town meeting, appro- priated the sum of dollars, to be paid out of the town treasury, for the support of public schools in this town for the present year according to law. A. B., Town Treasurer or Town Clerk. To C. D., Commissioner of Public Schools. It will be seen that, by the revised statutes, the town treasurer is obliged to make a statement to the several school districts of the town, of the amount of money apportiojied by the school committee of the town to such districts ; and he is also to submit to the com- missioner of public schools a statement of all money expended for the public schools of the town, and the sources whence it is derived. The object of these provisions plainly is to enable each of the sepa- rate and independent officers of the public school system to under- 4 REMAl^KS. stand liow much monoy ovovy district is by law cMititlod to, ;ni(l to be able to lav bcl'orc tlic jicojilr at pi'opcr times a lull and accurate ac- count of tlio iiiodi^ ol' its cx|)cudilui'c. Provisions so salutary :nid reasonable^ ouolil not to be nciilcctcd ; and if tliey are ne;j;lected, it is not certain but tliat the town would be dc'|)rived ol' its |)art of the public money, or at K'ast delayed or put to exjiense to obtain it. SCHOOL COMMITTEES. The school couunittee shoukl lii'st be en<2;a<:e(i, and then elect their chairman and clerk ; and these olHcers are liable to be removed at the pleasure' of t lu' committee. It would bc^ we'll to liavi; the cer- tilicate of their own eku'tion and eniiii^ement made n|)ou the I'ecord bo')k itself, as loose' papers are more liable to be lost. [See- form.] "^riie' nnnd)"!' of the' se-hool e'onnnitte'c, thi'e'e' oi' me)re', may be Hxeel at each annual te)vvn electie)n. If the town tails te) elect at the annual town mee'tino-, the town ce)uncil must elect them at its 7iext meetinji;. Otherwise thei ohi e'ommittee' will holel e)ve'i'. I5ut any town may vote to eleleo;ate to tlie> e'e)une-il the' powe'r of appointing the ce)mmittee. Vacancies. — If any member of the' committee resigns, the rest (if tlu're be a qnoi'um) may snpply the vae'ancy. If so many resign or refuse te) se'rve- as ne)t te) K'ave a epioruni, the vae'aiu'y nuist, as in case of otlu'r te)wn e)llicers, be sui)[)lieel by the te)wn cetinu-il, until the next town meeting. Meetings. — 'J'hey shonlel he)lel uu;etings at least epiarterly, as the law re'epiires. Hut the* se'he)e)ls canne)t ])re)sper nidess nu'ctings are lielel as often as e)iiee a me)nth. I5y freepient meetings auel conversa- tie)n, much valuable infe)rmalie)n may be acejuired. Anel it we)ulel be well lor committees to be continually endeave)ring to obtain a kne)wl- edge of the situation of the dilFerent eiistricts, the amount of taxable property in each district, the number o[' the agriculttu'al anel manu- facturing |)opulation respectively, &c., A:e'., anel this se)rt of iidbrma- tie)u she)uKl be prese'i-veel, as it is abse)hite'lv ne'cessary te) e'uable them anel their successe)rs te) elise'harge well their eluties. All acts of the sche)e)l committee, to be valiel, must be (\o\\ii at a meeting of tlu' cexnmittee. ()ii\ing tlu-ir asse'ut te) any measure separately, ami without nuH'tlug, we)idel be held ilk'gal. The nianne'r e)f e-alling s|)e'e'ial mei'tings of the e-etnunittee', she)ukl bei re'gulate'el by bydaw. Il'the'i-e be no by-law, the e'haii'man should call them, and should give every member notice il pe)ssiblu. SCHOOL COMMITTEES. Witliin a week al'ter tlic annual town nicetinp;, tlio srliool com- mittee are entitled to receive from the town treasurer a report of all school moneys iu his hands, specifying; particularly the sources whence derived, &c. As soon as elected, the clerk of the committee should forward to the school conuiiissioner a list of the names of the committee, with their post-oflice address, and shouhl also inform him in what way packa, sid)ject to an appi-al to the conunissioner ; and reasonabh; notice should be given in all such cases. In laying oil' districts, regard should be had to the convenience of attending school, the nuniher of scholars, the valuation oi' pi'opcrty, and ability to pi'ovide school-luMisc^s, &v.. It will be; always expi;- dient to bound theni by rivers, roads, or other natural or well-known boundaries, when |)ra<'ticable. When the lines can, without incon- venience, be so drawn as to include all of any person's I'arm in the same district where his dwelling-house is, it will save a great deal of trouble and expense in assessing taxes. In New York they bound tJK'ir school districts by lines running from one specified [)oint to anothei", and when the; line crosses any person's farm or lot, they tax the whole; farm or lot in the district where the dwelling-housc! is, if there be oiu> oji it. lint this ruh; is objectionable, because when a tax is contemplated, a person so situ- ated may avoi I a ])ortion of it by a fraudulent conveyance of his land. And every purchase or sale of land so situated does practically alter the bounds of the district. Disti'icts must be sjt off by bounds including certain land. It is not sufficient, (in those towns where the schools are managed and the school-houses built by districts,) to declai'e that a district shall be com|)osed of such and >inc\i personn. The Su|)ri!me (Joiu't of Massa- chusetts have declared such districts to be invalid. [7 l*ick. lOD, and 12 Pick. 200.] . When a district which has built a school-house is divided, or its bounds altered so as to take off any portioti of it, the joint pro|)erty is to be equitably apportioned among them. If the district owe any debts, they should of course be considered in the apportionment, in 6 REMARKS. some cases this can be clone by a division of tlie property itself. In other cases tlie rent or income may be apportioned, according to the peculiar circumstances. The school committee must decide such cases, subject, of course, to the appeal provided by the law. Where it is more convenient for a person belonging to one dis- trict-to send to a school in anotlier district, the school committee may alter the bounds so as to include his house ; or the trustees, or, if no trustees, the committee may permit his chikh-en to attend such school and pay for it under the provisions of the law. And the committee may make the same arrangement for those who can more conveniently attend a school situated in a neighboring town. In every town, after the boundaries of the districts are settled, it would be well to have a description of them printed for general in- formation and circulation. This might, with propriety, be attached to the school regulations. The power of fovm'mg joint districts on the borders of the different towns, is also confided to the school committees. Many of the man- ufacturing villages are on streams which are the boundaries of towns, and are partly in both towns. In such situations the school com- mittees should encourage the union of the adjoining districts, as both together may be able to establish a better school, or keep one for a longer time, or to establish them of different grades. In assigning to a district which forms part of a joint district, its proportion of that part of the money whicli is divided according to average attenrkince, the committee Avill of course take the average attendance of that portion of the scholars who belong to their own town. Location^ Plans, ^<-'. — The school committee are to locate all school-houses, and to approve of all plans and specifications for build- ing them. When the district is unanimous, and the location, on the Avhole, unobjectional, the committee will defer to their wishes ; but in cases of dispute, they should endeavor to select such a site as will best accommodate the greater portion of the district. Plans for the erection and repairs of district school-houses must also be approved by the school committee, or by the commissioner. This provision, together with that requiring that the school committee must approve of all rates of tuition and taxes that any district may order, was in- tended to operate as a salutary check against the improper exercise of the powers given to school districts. In some districts there may be but few legal voters ; in others, the majority of voters may be persons not interested in the ])roperty in the district ; and various other cases may happen where a minority should be protected against SCHOOL COMMITTEES. • i abuse of taxation. And for this purpose, the law requires the approbation of the school committee, the majority of whom will proba- bly belong to other parts of the town, and have no^^rivate or personal interest in the local controversies and disputes of the district. For tlie same reason the law requires the plan of building to be appoved by the committee. The committee should therefore inves- tigate this subject, and visit and examine the best school-houses, so as to be pre})ared to act when called on. They will find a variety of plans in the document on school-houses, attached to the report of the first commissioner, Hon. Henry Barnard, LL. D., which they can modify according to circustances, and frou> which, at least, they may derive many useful hints. The subject of school-houses and school apparatus is most fully discussed in the work published by Mr. Barnard on school architec- ture, which in<:ludes all the various articles published in his different reports, while superintendent of schools in Connecticut and Rhode Island, and which cannot be too highly recommeiided to those wish- ing information on this subject. Examining Teachers. — The examination of persons wishing to teach as principal or assistants, the granting of certificates of qualifica- tion, and the annulling of such certificates, are among the most important duties devolving on the school committee, and on their faithful performance the efficiency of the law mainly depends. The inefficiency of the former school system in many of the towns was owing to the fact tliat the duties of examining teachers and visit-' ing the schools were too generally neglected or ill performed. The law gives the committee the power to appoint a sub-committee for the purpose of examining teachers. But it is respectfully sug- gested that where the whole committee can meet for this purpose it is most advisable. It will have a more imposing eflPect upon the teachers themselves, and incompetent pei'sons will be less likely to present themselves. In making such examinations, whether by the whole board, or by the sub-committee, they should inquire ^rs^, as to moral character. On this point, the committee should be entirely satisfied, before pro- ceeding further. Some opinion can be formed from the general deportment and language of the applicant, but the safest course will be, with regard to those who are strangers to the committee, to insist on the written testimony of persons of the highest respectability in the towns and neighborhoods where they have residetl ; and especially to require the certificate of the school committee and parents where they have taught before, as to the character they have sustained, and the influence they have exerted in the school and in society. 8 KKMAllKS. Whiles a coinmitteo should not iMidcavor to Iii(|uiro into the jx'ciiliMf I'cdi^ious or s(>(!tari;m o])inioM.s of a tcaclu'i", and slioidd not entertain iWiy prcrcrcnccs or prejudices lounded on any sucli o;rounds, tlu^y oui;lit, without hesitation, to reject every person who is in the liahit of ridicuhui;', deridiiiL:; or scolKui;- at religion. Alid while a examination shonhl in no case he exten(K'd to the political opinions of the can(h(hite, yet it may with j»i'opriery extend " to tlieir manner in expressino; such hehef", or maintainin^j; it. It' that niaiuier is in itsell' lioisteroiis and (hsorih'i'U', inteniperati^ and ollensivc, it ma\' well he supposed to indicate un;j;overned ])assi()ns, or want of somid principles of conduel, wdiich woidd ren(K'i' its j)ossessor ohiioxions lo the inhal)itants of the district, and unlit lor the sacred duties of a teaehei' of youth, who should instruct, by example as well as l»v precept/' — .V. )'. liiumlatimt^. fS'ft'uiid, (in to litrrarji nlt(tliuiictits. '[\\r lowt-st o'rade of attain- ments is specilied in the s(diool law, and demands a thorough knowl- edo-e ol" the conunon hraiu-hes of Pai^lish education. P'.very teacher nmst ha\i' heen lound (pialilied hv (>xamination, or hy |)revious ex- perienc(>, which must haxc come to the personal know ledo;t' of the eonuuitlee, to teach the lMii;lish lan<:;ua hrani'hes miliht he so i-ondnetcd as to ti'st his capacity in lliosi' particulai's, to teach any condition •and w;inls ol' the district schools as \\u'\ now ari'. Uut no person should he considered (pialilied to teai'h any school, who caniU)t speak and write the IO!iii;lisli lanii;uaL;'e, il not elegantly, at least corrt'ctly. He should he a o'ood I'eader, and he ahle to make the hearer under- stand and I'eel all that tlu' author inti-ndeil. //<' xlioiihl be able to lead- ino- incuts of the history ol' the lluiteil States and his own State. In SCHOOL COMMITTEE. aritliinetic, lie should bo well versed in some treaties on mental aritlimetic, and he able to work out heiore the comniittoe, on the blackboard or slate, such questions as will test his ability to teach the text-books on arithmetic prescribed for the class of schools he will 'oe eniia;j;ed in. Thirds his ability to instruct. — This ability includes a])tness to teach, a power of siinplifyino- difficult j)rocesses, — a skill in iinpartin the wlioU' class, and after requiring all to spell it ■inc-nfaUji^ name a pai-ticular scholar to spell \{ orallij ; how far he wotdd adopt the method of writing the woi'd, and especially the dillicult woi-ds, on a slntc; oi- blackboard ; how Ww \w. wouKl (Connect s[)elling with the I'eading lessons, &c. It will be more satisfactory sometimes, pei'haps, to have a class of small scholars present at the examination, and let the candidate go through a n^citation with them, so that the committee can have a practical specimen of his tact in teaching each branch of study ; in exj)laining and removing difficulties, &c. The same method of examination should be carried into reading, 2 10 REMARKS. and every otlier branch. It is more important to know tliat the teacher lias sound views as to methods, than that he is quahhed as to Hterary attainments. Fourth^ ahility to govern. — This is an important quahfication, in- sisted upon by the law, and indisnensable to the success of" the schools. On this j)()iiit the connnittee should call for the evidence of former experience, -wherever the candidate has taught before, and when this cannot be had, the examination should elicit the ])lans of the teacher as to makinti; children comfortable, keeping them all usefully em- ployed, and interested in their studies, his best system of rewards antl punishments, and examj)les of the Kinds of jiuiiishment he would resort to in particular cases, and all other matters pertainino; to tlie good order and government of a school. In this cciniection, the age, manners, bearing, knowledge of the world, love and knowledge of children, &c., of the applicant, will deserve attention. In addition to these qualifications which the law requires, the address and personal manners and habits of the applicant should be inquired into, for these will determine in a great measure the man- ners and habits of the children whom he will be called upon to teach. The most thorough and satisfactory mode of conducting the exam- ination is by written questions and answers; it will be desirable, if the examination is conducted orally, to keep minutes of the ques- tions and answers. While every teacher should be found qualified in the particulars specified in the law, the certificate might sliow the peculiar qualifica- tion of the person to wiiom it is given, viz. : that he or she is pecu- liarly fitted for a primary school, as principal or assistant, as the case may be. The school committee must remember that on the tlioroughnessand fidelity with which this duty is performed, depends in a great measure the success or failure of the school systeni. . The whole macdiinery moves to bring good teachers into the schools, and to keep them as long, and under as favorable circumstances, as jiossible. If the teacher adds to his other qualifications a knowledge of the art of singing, it will be an additional reconnnendation to him with those wlio desire to have a good school. Singing in school serves as a recreation and amusement, especially for the smaller scholars. It exercises and strengthens their voices and lungs, and by its infiuence on the disposition and morals, enables a teacher to govern his school with comparative ease. The committee should exercise a sound discretion in the examina- tion. If a person has been before examined by them, and the committee have often visited his school, and know him to be a good teacher, the SCHOOL COMMITTEE. 11 law allows them to 2;ive him a certificate foiiiifled on this experience. But the reexaminations can in no case do any injury, and by crradu- aliy increasing their rigor and adding to the requirements, much may be done towards raising the general standard of education. The committee should, for convenience of reference, keep a tabular list of the names of all persons examined by them, either oif their common record book, or in a book kept for that purpose, with col- luiins for the date, age, place of residence of the applicant, the result of the examination, and any other remarks that may a})pear worthy of remembrance. Avnulling Certificates. — As a teacher's qualifications depend not merely upor. his learning, (of wliicli a committee can judge from ex- amination,) but upon his moral character, his disposition and temper, and his capacity to impart information, and to govern a school, in re- gard to all which the conunittee may be deceived or not fully informed ; the law gives the committee the power to annul any certificate they may have given, if on trial the teacher proves unqualified. A teacher may also refuse to adopt the proper books, may introduce improper books, may refuse to adopt what the committee deem the best methods of instruction, or may violate other regulations of the committee. In case of all annulments of certificates of teachers, the school committee, who are the only authority in the matter, must give at least five days' notice in writing of such intention, and after- wards must notify the trustee of their act. Visitation of Schools. — There was no duty of the school committee under the old law more generally neglected than that of visitation. The new law makes it the express duty of committees and trustees to visit the schools often. Without personal visits to the schools, the committee can know nothing about the teacher's capacity to impart information, or about his method of instruction and govern- ment, neither can they know the state of the register and the general conduct of the scholars. The committee are authorized to employ some suitable person to visit the schools in their stead, and to pay him a reasonable compen- sation. Visiting the schools also has the eflP-'ct of encouraging the teacher in the performance of his duties; and if the teacher is visited and treated with proper respect by the committee, trustees and parents, it materially aids to secure to him resjiectful treatment from the scholars, and enables him to govern his school and preserve order with ease, and without resorting to corporal punishment. 12 REMARKS. But tlie greatest effect is on the pupils tliemselv'es. School is now considei'ed by many of them as a place of punishment. But if theil' parents and others visit tliem often, and take an interest in tlieir studies and progress, it gives a new character at once to the school and the school-room, and they contenii)lat(; it with pleasure instead of dread. It will also have the effect of accnstoming the pupils to recite before strangers, and help them to get rid of that timidity and reserve which, if not early removed, may prove a serious hindrance to their success in many pursuits in after life. While it will be advisable to assign one or more schools to each member of the committee, for the purpose of visitation and general supervision, it will be very desirable that all the schools shall be visited at least once a term by the same person or persons, so that a comparison can be instituted between the different teachers and schools, and the official reports and returns be made out tnore under- standingly. The trustees and parents of each district should be invited to accompany the committee on their visits ; and it will be well to encourage the teachers to visit each other's schools, with a few of their most advanced scholars. In visiting schools, whether by the whole board, sub-committee, or individually, the following are among the objects which deserve attention : The condition of the school-house and appurtenances ; its location ; size and condition of yard and out-buildings ; construction, size, out- ward appearance, and state of repair of building ; by whom built and owned, whether by town, district or proj)rietors ; number and size of enti'ies, and whether furnished with scraper, mat, hooks and shelves for hats, outer garments, water-jiail, cup, broom, dnstei', etc. ; dimensions of school-room, and its condition as to light, whether too much or too little, — as to the air, pui'e or impure, — as to temperature, whether too high or too low ; modes of ventilation, whether by lowering or raising u])per or lower sash, by opening into attic, by flue or otherwise ; whether heated by close or open stove, Hre-place or furnace ; consti'uction and arrangement of seats and desks ; whether all the scholars, aiul especially the younger, are comfortably seated, witii backs to lean against, and with their feet resting on the floor, and all facing the teacher ; whether there is a platform where the teacher can overlook the whole school, and aisles to allow of his passing to every scholar, to give such instruction as maybe necessary, in their seats ; whether tlicre is a place to arrange the classes for recitation, and accommodations for visiiors, &c. SCHOOL COMMITTEE. 13 On enterino- the school, the committee will first ascertain all necessary particulars respecting the teacher, such as his certificate, general ])lan, &c. These will enable them to form a pro])er judgment of" what takes place in the course of their subsequent inspection and inquiries. The school register should be called for, and such particulars as to the number and names of the scholars, their age, parents, attendance and studies, should be gleaned, as will enable them to sjieak on the importance of regular and punctual attendance, to expose the evils of the contrary practice, and to connnend before the whole school those who are among the most regular. An inspection of the regis- ter will inform the committee what children are not connected with the school, and a kind and timely call, a word with the parents or guardian, may save such children from ignorance, and the community from its consequences. The committee should iiKpiire into the number of classes, and the studies they pui'sue. Such exercises should be called for as will exhibit the proficiency of the pupils, and the methods of instruction adopted by the teacher, and enable the committee to judge of the tact of the teacher in imparting information. The teacher, injustice to himself and his pupils, should be allowed to conduct some oi" the exei'cises himself, and in his usual manner, as the scholars, (if not used to being visited by strangers,) will be less timid when examined by him, and the conmiittee will have a better oiiportunity to see his mode of instruction. But the committee should also ask questions, and in some cases take the examination into their own hands. It will be well to place in the hands of the more advanced scholars, Avritten or printed questions, to be answered in writing, while the examination of other classes is going forward. And the same or similar questions should be asketl in every school visited, and the answers will be to some extent an unexceptionable standard of com- parison between the teachers and the schools. The connnittee should l)e careful to notice the manner in which the pu])ils spell and read. In reading, especially, there is great care- lessness in many of our schools. They should also observe the teacher's manners and mode of governing. If the school is not pro- vided with j)roj)er maps, blackboards, &c., by jiroper remarks on their uses and importance, they may be the means of inducing the district to procure them. Sucdi inquiries should be made as will show how far the rules and regulations of the school conmiittee are observed, as to teachers, books, the cleanliness and preservation of the school-house, the man- ners of the pupils, &c. 14 REMARKS. Great care shonld be taken not to wound nnnecessarilv tlie feelings of teacher or pupils, and commendation should be bestowed wherever it is deserved. Selecting Boohs. — The schools have heretofore suffered much from the great variety used. It has rendered classification impossible, and whenever a scholar has changed his district or h.is school, a new set of books was to be purchased. Uniformity should be estabhshed in the schools of a town at least. And by proper management, by procuring some ])erson in the town ftr county to act as agent, a great saving in expense to the parents can be effected. In regard to the selection, the committee are entitled to the advice of the commissioner, and the benefit of his experience; and it is expected that they in turn will coi^perate with him in such measures as he may recom- mend or adopt to secure a uniformity of books in the State. But no rule which a committee may adopt as to the books to be used, should be so framed or construed, as to prevent a teacher from using explanations or illustrations to be found in other books u]ion any particular subject. In arithmetic and algebra it will be a profitable exercise for the teacher to give the pupils occasionally for solution, questions and problems from other books besides the prescribed ones. No book should be introduced into any j)ublic school by the com- mittee, containing any passage or matter reflecting in the least degree upon any religious sect, or which any religious sect would be likely to consider offensive. Rules and Regulations. — The school committee should prescribe a system of rules "and regulations respecting the age, admission, attend- ance, classification, studies, discipline and instruction of pupils, in all the seiiools ; the examination and duties of teachers ; the. kind of books to be used, &c. The age for admission should be uniform in all the districts of a town, as otherwise some disti'icts may have the advantage over others in the apportionment of the public money. Apportioning Money. — The committee, having ascertained what they can depend upon from the State treasury, the town and the registry act, and having reserved an amount sufficient to defray the expense of j)rinting their report, will apportion it as soon as possible according to law. But they are not authorized to pay out or give an order to any district which has not maintained a school for at least four months during the year jM-eceding. The law makes a district's complying with these provisions for one year, a prerequisite to its receiving any moue}- the next year. SCHOOL COMMITTEE. 15 As to apportioning money to a joint district, see chapter 63, section 6; and to a secondary school, supported by two districts, see chapter 63, section 4. It will in all cases be desirable, and the safest course for the com- mittee, to let the school money remain in the town treasury, (at interest if possible,) until the schools are kej'ft, and not to give orders for it any faster than they are satisfied it is actually expended. It may then be paid to the teacher or his order, on his producing or sending a bill certified or allowed by the trustees, or otherwise, at the discretion of the committee. The committee will find it greatly to their convenience to keep a separate book for their accounts. In this book a separate account might be opened with each school or school district, in which the district should be from time to time credit^ with the money appor- tioned to them, and then charged with the orders which have been given to them. Another separate account may be so kept, by listing all the sums of money approj'riated to schools on one side, and all orders given on the other, as to show at any time the balance under the committee's control. Reports. — By chapter 65, section o, trustees are to report to the school committee, at such time and in such form as the committee or commissioner may prescribe. These returns must be made in season to enable the committee to digest them, and prepare a report to the commissioner by July 1st ; for which reports the commissioner will furnish forms. The committee are, also, at the annual town meeting, to make a written or printed report to the town, of all their doings, the condition of the schools, plans for their improvement, &c. Tlie committee are authorized to reserve enough (not exceeding i20) out of the school money to ])rint their reports. And it is be- lieved that no part of the school expenditure would do more good and tend more to keep up an interest in the schools, than this. The committee must aid in organizing districts, by giving the notice for the first meeting. And when there are no trustees, or when the trustees neglect to call meetings, the committee must call them. In such cases they may direct the mode of notice. Any district when met, may vote to devolve upon the committee, with their consent, the whole management of their schools ; and in that case the committee can exercise in that district all the powers which the district itself might exercise, may keep the school, have the custody of the school-house, fix the rate of tuition, &c. If any district neglect to organize, or if organized, shall, for the 16 REMARKS. space ol' six moiitlis iicgl(>ct or rofiise to cstablisli a school, tlie com- mittee may, either l)y themselves or their agent, employ and j)ay a teacher for the district. Q-radation of SjIdjIs. — The schoal committee can promote a grada- tion of schools, or a sepiration of the younger and the older scholars, and the primary and advanced studies into distinct schools or depart- ments. But it has been decided that they cannot compel a district to estabhsh graded schools. Whenever the schools of a town are managed indei)endent of districts, a suHicient number of schools of ditferent grades can be estabhshed by the committee, at convenient locations, varying in the studies pursued accorih'ng to the circumstances of the jxjpulation. And in towns which are divided into districts, there are many viHages and thickly settled districts, Avhere a gradation of schools can be introduced. By sei)arating the small children from the older scholars, the instruction of both can be carried on to greater advan- tage, and with a great economy of time and expense. By putting the small children under the care of a female teacher, they can have more of the teacher's time flevoted to them, and will learn with a ra])i{lity surprising to those who have not seen the elfect ot'it. This enables the teacher of the large scholars to devote his whole attention to their improvement. They may rect)mmend the union of two or more adjacent districts, lor the purpose of establishing a secondary oi- grammar school for the older and more advanced i)upils of each district. This can be done to advantage in almost every town. Records. — At the beginning of the year the committee should have a warrant or certificate of their election from the town clerk, (see form,) which it would be well to ha\e ma.le upon the record book itself, ;is loose pai)ers are often lost. Then let the certilicate of engagement follow in ortler. The clerk should record any motion negatived, as uell as those adopted, as parties may be interested, and have a right to appeal, in many cases, from a negative vote as well as from an affirmative one. When it can be conveniently done, the minutes of the proceedings, as drawn out by the clerk, should be read in open meeting, or at the next meeting, for correction, if necessary. Misunderstandings may thus be |)revented. The clerk should always record the names of the members of the committee j)resent at any meeting. lie should also keep the copies of all abstracts, and all re])orts made to the commissianer, so that the committee may have them for future reference and comparison. TRUSTEES. 17 TRUSTEES. One or tliree trustees arc to be appointed by a district at its annual meetinjj;. If by any accident an election is not made then, or if a vacancy occurs, tlie district may elect afterwai'ds. And if a special meetiiifT is called to fill a vacancy occasioned by resignation, the Avarrant to call the mcetino; must state that an election is to be held. Trustees hold their offices until their successors are appointed ; and can oidy be removed from their office for cause, and after notice and trial. If there are three trustees, a majority can act. " Where a body or board of officers is constituted by law to perform a trust for the public, or to execute a power or perform a duty j)rescribed by law, it is not necessary that all should concur in the act done. The act of the majority is the act of the body. And where all have due notice of the time and place of meeting in the manner prescribed by law, if so prescribed, — or by the rules and regulations of the body itself, if there be any, — otherwise if reasonable notice is given, and no practice or unfair means are used to prevent all from attending and partici])at- ing in the })roceeding, it is no objection that all the members do not attend; if there be a quorum." [21 Pick. Rep. 28.] All business must be done at a meeting of the board. The trustees must employ the teacher. In employing a teacher or assistant teachei', trustees should be cautious to emj)loy no one who lias nor a legal certificate, and not to employ one after notice that his certificate is annulled, as in such a case the trustees would be held personally liable for the teacher's wages. (See the form.) The trustees should see that the teacher keeps a pioper register of attend- ance, in order that his district may receive its due portion of school money next year ; and when the school is over, this registei" should be deposited with the trustees, or in the office of the clerk of the district. They should require the teacher to furnish them with such items of information as are necessary to make out their annual report to the town committee, which report should be made about the first of May, or sooner if the school is out, or at such time as the com- mittee shall fix. Forms for these reports will be furnished to the districts, and can be obtained from the committee or from the town clerk's office. If trustees appropriate any of the public money to pay a teacher not legally examined, they are liable to a penalty. The school must be kept four months in order to obtain the money for the next year. And the trustees, without waiting for a vote of 3 is Kl'.MAKKS. the (lislrict, iiKiy, if the [uiMic iiioiicN' is iiisullicicnt , nssrss a rate .siilliciciit to kcc|> llir scliool I'diii' iiidiillis, takiiii;- caii', liowcvcr, lo liavo tin.' I'atn a|i|»r<)\('(l liy llic scliool (•(iiniiillli'i', and i'\i'iii|itiiii:; those tlii'V coiisidiM" itiiaMc to pay. H" any scliolars can inoi'c coin riiii'iilly attiMid school in an adjoiii- inii; district, tiaisli'cs aixi authorized to make a l)ar ])lace ol' meeting. If the trustees on application neidect to call a. meeliutf, tlu> school conunittee may call it. TiMistin's, I'oi- ri'l'nsal to dischar^t' an\ dul\', call a nu-etinn', assess a ta\, iVi'., i^c, are liahle to a |ienalty. And thesu|irenie court would prohahly, upon ap|)licatioM, cou)pel any si'hool olHcer, hy writ of man- damus, to dischari;'e any duty |)laiidy iu:])osiMl on him hy llu> law. 'rrustei's should encourage niectui procni'cd. The trustees should keep a ri'^idar act'ount of all moneys thev may receive from assessments or othei- sourci's. 'rruslci's sh(udd ri'collei't that in order to ohtain from tlu' scluiol committee any oi'diM' for inone\ , tlu-y must lia\e made a proper retui'n from their ilistrict, for the year endino- on the lirst of May j)revions, and unist also fui'uish to the t'ctmmittiH* a cei-tificate that the '' te:u'h- ers' money," (that is, tlu- money which tlu* (listrict ri'i'ei\i'd from the town treasurer ;is their part of the State approju-iation,) lor the year Dis'i'iucrs. 19 t'ii(Iin may tax to pay rent of a hired house. They may also tax to repair a hired house, provided they have a valid lease of it for a definite period. And to guard against any abuse of this power, the tax must be approved by the school committee, and the plans for building and repairs must also be approved by the committee or commissioner. And in all cases of laying taxes, it Avould be better to specify the precise amount, or the precise rate of the tax. Money tq pay for fuel and tuition may be raised either by a tax on the property of the district or by an assessment on the parents of the scholars. But an assessment for this purpose must be authorized by the district, except that the trustees are authorized to raise a rate sufficient to keep a four months' school. And the votes must in all cases be approved by the school committee. [See the forms and notes, and especially the notes to the form of a vote for laying a tax.] Use of school-house for other purposes. — A school-house built or bought by taxation on the property of the district, should not be used for any other purpose than keeping a school, or for purposes directly connected with education, except by the general consent of the tax-paying voters. The law gives the district the power of rais- ing money by tax for no other purposes. To construe it otherwise, would be indirectly to give to the majority of a district the power to erect a meeting-house for themselves, .and to tax those of a different persuasion, who constituted the minority, to help build it. But where a school-house is given to the district or built by subscription, its use ■will of course depend upon the terms of the donation or subscription. A district cannot vote to dissolve itself. Such a vote will be wholly null and void. It can be dissolved by the school committee alone. UNION OF DISTRICTS. There are three provisions made in the law for uniting districts. Any two districts may form a partial union for the purpose of sup- porting a higher, secondary or grammar school. This would not probably be found so convenient in practice as an entire union under the succeeding provisions. Any contiguous districts in adjoining towns may be united by the school committees, and adjoining districts in the same town 97 UKMAHKS. may (•()iis()Ii(l;if(> tlicinsclvcs. Wlu'ii united tlioy constitute a sino-le (lisli'icr, and their allinrs must he manai^ed in the same way as if ()ri<:;inally one (hstr-ict. Tlicy may prescribe the moth' of notifyinn; their meetin:;s, lay taxes, &c. But they will he entitled to the same projiortion of public money they would receive if not united. DISTRICT CLERK. The ilistriet clerk should be enn;ajj:;ed by the modei'ator in open meetinn; and make a record of it. If not eivno'ed in open meetinni', >-> , ,-1 ,-^ 1 n' he should be cnoaned befon^ somt' oflicer mi-ntioned in chap. 71, sec. '2, and ha\n' a cerlilicatt^ of it, which it would be better to have made in the ilistriet record book. \Vlien ennao-cd, he may eno;ao;e all other district odicers, and should enter all such cases in his ri'cord hook. lie should make himself thoroughly ac(|uaintcd with all the j)ro- visions of the law rtdalini;- to district nu'etini;s, notices, &c., as upon his proceedings and proper manao'ement tlicii' legality will in many cases depend. When a trustet>, treasurer, itc., is (>lect(>d, the clerk should make out and si^n anil seal a. wai'rant or certilicale of his tdectiou, upon which he may be cu<;a meetiui;- was iu>tilicd, and the «'videnci' of it shoidd not be left io de|)end upon mere recollection. The record of the clerk is made pr una facie evidence that the meet- iuij; was legally notiiit'd, and inhal)iiants of the district can be admitted to j)rove the iu)tice. Uut it would be (.-asy and best to preserve one <)l'llu> oriiiiual notices themselves, esj)ecially when a tax is to be voted. It would be well also for the clerk, at the close of every meetini:;, to read aloud the miuutes lu> has uia(h> of the proccedin<2;s, so that any mistake may he I'orrected at tln' lime. The cK'rk is to pi'ocure a bound ix'cord book at the i^xpense of the district. For any wilful neglect or refusal tt) pi'rform any duty, he is liable to indictmeni, and the supreme court wouhl probably, u[)ou ■ application, compel him by writ of mandamus to perform any duty. [See (Vrrh; in the Index.] 'I'RKASUKKK. COI.LIOCTO 15. I'KACI I KKS. 28 DlSTKlCr 'IM{KASII15KH. Tt would 1)0 well for the treiisurer to luivc ;i certilicute of his elec- tion oi' wai'i'aiit [si'(^ form] and ho. enoao;i'd. We need not <2;ive bond unless re(|uired. l)iit if the dislriet i-i'(iuires him to i^ive hoiid, llie distriet slioiilil fix the .sum and approve of the suri'ty or sureties. His duties are vei'v simple : to keep the district's money, if they have! auv, pa>' it out to ordi-r, and keej) proper accounts oC it, and exhihit them to tiu) trustees or district when iXMpiired. DISi'IiKri' COLLKC'tOiJ. [Si'c Ihc J'oniis J'or callcfluKj hi.iw.ii anil nulcx.] if the (hstrict ]'e(pni'es the colli'ctof to ii,iv(! bond, the district should (i\ the s\nn. And it would he W(dl also to ha\e the district approve of tlu^ surety or sureties. TKAC^IIICIJS. Every teacher is recnured to kee|) a register oC all the scholars atteiidin-;' the school, their sex, names, aoes, names of parents or _i2;uardians, the tinu- when they cMitei' and leave school, their daily attendance, and the dates when the school is visited hy ihe commis- sioner, connnitte(? or tiaisti'cs. l^'orms lor these rej^islers will he pro- ])ared hy the con\missioner. He must also furnish the trustees or district with such ini'ormation as may he necessary to make the rt'turns recpiired hy the school committee. The teacher should inform the committee of the lime of commeiu;- ini;' and closing his school, in ord'.'r that, they may know when to visit it. It is impoi'tant: that, the register Ix; correctly kcjit, and the av(>rag(3 rifihtly calculated, as upon that depends tlm amount of money tho district will rcceixc next year. To ascertain the a\-ei-an'e, |)lace ihe nuud)i'r of those who have attended each hall' day in a column under each otliei- successively, add lo^clhei-, and di\ide the sum h\' the nnml)er of half days the school has hecu kept. The restilt will he the averai;e to he reported. ]n cas(! ihe school is kept Ioniser than the four months re(|iMred hy law, the conuuittee nuist use their discretion in lixiu;j; a rule for calculating' the averajie. It should he uniform in e;ich town. Wliei'e a sum- uiiM" term and a winter term arc; kept, and a dill'erenl set of scdiolars attend eacii term, tlu^ follouiu;^^ will pi'ohahly answei' : Calculate; the average for the first term ol" lour months, as helbre slated. 'I'hen 24 KEMARKS. for tlie other term take the names of all those who did not attend the other term, caleulate the avei'age of their attendanee and add it to the first. A nniform rule should he adopted as to scholars helongino- to one district who attend school in another. When a district allows any of the children hcloncinc: to it to attend school in another district, and pays for them, it seems reasonable that the district which pays for them should be entitled to reckon them in making out its own average attendance. The teacher should conform to all regulations of the school com- mittee, in regard to hours, disci|)line, books, etc., as for any violation of them his cei'tihcate may be annulled, or he may be dismissed. He may, (if the school committee by regulation autliorize it,) suspend a scholar temporarily, until a hearii:g can be had before the committee, in which case he should immediately notify the committee. The teacher should assist the trustees by all the means in liis power, in making proper i-eports, as upon the accuracy and fulness of these reports may depend the success or failure of many provisions of the law, as well as the wisdom of future alterations of it. The law requires that the teacher should be qualified to teach certain branches. But he may teach other branches, and sliould endeavor to ([ualify hiuiself for teaching the higher branches. If the teacher has a proj)er sense of the importance of his position, and conducts himself accordingly, he will secui'e to iiimself the affec- tion and respect of the j)eo])le of his district, by exerting his utmost ])owers to ])rom()te the moral and intellectual advancement, not only of his scholars, but of the community around him. The moral, influence he may exert by his example and instructions, can hardly be estimated. And he may, by encouraging lectures and literary meetings, aid in diffusing much nseful information. In regard to the use of the Bible in schools, two observations occur here. If the committee prescribe, or the teacher wishes to have the liible read in school, it should not be forced u])on any children wliose parents have any ol)jections whatever to its use. In most cases the teacher will have no diflicuby with the parents on this subject, if lie conducts with projier kindness and courtesy. In the next ])lace, no scholars should be set to read in the Bible at school, mitil they have learned to read with tolerable fluency. To use it as a text-book for the younger scholars, often has the effect of leading them to look upon it with the same sort of careless disregard, and sometimes dislike, with ■which they regard their other school-books, instead of that respect and veneration with which this book of books should always be treated and spoken of. TEACHERS. 25 There is another object, in the attainment of wliich teachers may materially aid. In almost every school, there will be pupils studying surveyino;. By encouraging these to survey the limits of the district, he mav not only give his scholars most valuable lessons in the prac- tice of the art, but by overseeing and ascertaining its correctness, may aid in procuring a good map of the towi: and State. These maps might be drawn on a scale of rods to an inch, and repre- sent the rivers, roads, principal buildings and farms, and any remark- able monuments and natural, features of the district. Copies could be sent to the school committee, who might put them together, and thus obtain a correct map of their township. Power to Piniish. — The teacher should endeavor to exercise an inspection over the conduct of his scholars at all times. But the power to [)unish for offences committed out of school is doubtful. In a case where a boy had committed a theft out of school, the teacher called him to account for it, and punished him for refusing to answer. The court ruled that the teacher had no right to punish him for refusing to confess a crime for which he might be punished at law. It has always been difficult to define the extent of the power of the teacher over his pu[)ils out of school. The sam'e difficulty has been met with in other states and countries. The following ' upon this subject is from an excellent French treatise upon education, by J. Willm, Inspector of the Academy at Strasbourg, (p. 176) : " The last question which presents itself is, how far teachers should pay attention to the conduct of pupils out of school, and espe- cially at the tune when they resort to it or return home. The road leading to school is truly a part of it, if we may so speak, as well as the play-ground. Consequently any disorders committed by the pupils on it, ought to be suppressed by the teacher. He ought especially to watch over them at their play, for the sake of discipline, as well as for that of education in general. Their games are, as has been said, of serious importance to him. The conduct of the pupils, when under the paternal roof, and everywhere but in the school or the road leading to it, escapes all the means of discii)line; but the" teacher ought not to be indifferent to that conduct, especially in the country ; he should carefully inquire concerning it, for the sake of moral educa- tion. For tile same reason, he will have to watch over his own conduct out of school, and avoid whatever mio;lit tend to diminish the 26 liKMAKKS. respect his pupils owe to liini, aiul wliicli is the ehief condition of the success of his mission." The follovvino; remarks upon the same subject are from the tenth report of Hon. Horace Mann, hite secretary of the Board of Educa- tion in Massachusetts : " The (piestion is not without some ju-actical difficuUy, how tar the school committee and teachers may exercise aut]u)rity over school children, before the hour when the school begins, or after the hour when it closes, or outside of the school-house door or yard. " On the one liand, tliere is certainly some limit to the jurisdiction of the committee and teachers, out of school hours anil out of the school-house ; and on the otluu- hand, it is equally plain if their juris- di(;tion does not couunence until tlu; minute lor opening the school has arrived, nor until the i)iipil has ])assed within the door of the school-room, that all the authority left to them in regard to some of the most sacred objects lor which our schools were instituted, would be but of little avail. To what purpose would the teacher prohibit profane or obscene language avuong his scholars, within the school- room and during school hours, if they could indulge it with impunity, and to any extent of wantonness, as soon as the hour for dismissing the school should arrive V To what purj)T)se would he forbid (puu-relling and fighting anu>ng th(> scholars, at recess, if they could engage in single C()iid)at, or mai'shal themselves into hostile parties for a general encounter within the ])recincts of the school-house, within the next five minutes after the school-house should be closed? Ami to what purpose would he i-epress insolence to himself, if a scholar, as soon as he had passed the threshold, might shake his list in his teacher's face, and challenge him to personal combat ? "These considerations would seem to show that tliere must be a portion of time, both belbre the school conunences and after it has closed, and also a jjortion of space between the door of the school- house and that of the paternal mansion, where the jurisdiction of the parent on one side, and of the committee and teachers on the other, is concurrent. "Many of the school connnittees in this commonwealth have acted in accordance with these views, and have framed regulations for the government of tlu- scholars, both belore and after school lioui's, and while a'(»inii' to and returning; from the school. Th(3 same ])riu- ciple of necessity, by virtue of which this jurisdiction, out of school hours, and beyond school premises, is claimed, defines its extent and Ai'i'i; \i„s. liT iillixt's i(s liiiiil. It, is cliiimt'il liccniisi' llic fqcat, olijccts ul' (liscil»liii(' :ili(| of iiKU'al rulliii'i' u'oiiM III' I'l'tisl I'lili'il wiIIkuiI il. W'Ik'Ii iiuI CMHUIltiill, llici'd'nic, id iIk' ill lainiiK'iil ni' llicsc olijccis, il slnmld Im^ I'oi'hoi'lit'/' 'riiiil till' IcaclitT iiia\' know llial tin- law has aiii|)h jiinvidcd I'lii- till' |)ni|i'cliiiii uC liis scIiodI aj^'aiiisl all \\liuiiia\ lie (lis|Misi'i| |(i(listiii'i> il, wc [iiililisli licic llic |ii(i\ isidii (if llic law: '' Mvci'V |H'rS(>ii wliii shall In' coinirlcd III' wilfiillN iiilrfi'iiptilin; or ilistui'hilljH' liny town or wanl nicrtino., any assi'inlil\ ol' |irii|i|t' nn't i'or n'li;j;i()HS uoishi|i, or any |>iililir or |iri\ali' srlniol, or an\ iii's'linn lawliilly anil |irarcaltly lndil I'lr |Hir|(os('s ol' lilrrars' or scifiiliHc iiniii'iivfiinail, riihcr williiii or willioiil llir [ilari- whcir siirh nicrlini;' or srhool IS hi'ld, shall In- nn|iri iiiicil nol cMTnlin!.' our \isir, or lined not rM't'i'diiiif li\i' liiiiidiril dollars." A »'oin|ilainl lor Ihis oH'cnrn mav hi' made lo ihr atlornrv "'nncral, or any jiisliri' ol' ihc jirarc AI'I'KALS. 'I'lir law has wisoly |iiii\ iihal a rlira|i and idlirii-nl inodi^ ol" si-lllinj;' all di81»nlrs arising nndcr ihc srhool law. 1 1 w as inlriiihsl lo savo tlic i'Xpciisi- of lilivalion lo dislriiMs and individuals, and il is lirlii'vcd ihal il ha:, already had the ell'eet of fia\'ilin' a^'real e\|ieiiilil nre ol' money in ihi.s way, as well as tll'crliii"; a nioif s|ieeilv srltlcnieiil. of dillienllies, wdiieji, if eontiiiiied, wiiiild inlerrn|il the harnioiiv of the districts and injnre llii^ sehools. y\ n apjieal inav he taken to the eoni- nnssiojirr, |seelho l<'orins,| and he will In ar ihc |iarli(s wil lioiil eosi, iiiid hi.s decision is to he liiial. When i|neslioiiH ol" law ai'ise, |irovi- sion is made for laying"; them helore one of the judges ortlie Hii|)romn eoiirt, lull the jndiivs will not exiiniine or litar ihe |iailies njioii the lads ol t he easi'. Any |iartv iie<:;leelinn' lo :i|i|i(al rroin a vot<' to ta\, or assessment, ol" a. las, cannot i|neslion it arti'iwards, |iidvided tln' meeliiio- -wuh le<';all\ iiotilird, ami ihe la\ a|i|Hove(|, A'c. It has hecM Ni^tlled that, an a|i|ieal hrinidccrdmi>s a|i|ieali(| rroin, Inil: may make a. new decision. All a|i|ii';d;, howrvrr, should he taken w it liin a reasonahle time, and helore aii\ etinlraet. is made, or hahihty incurred, under the voti^ or act, a|i|iealei| I'loin. 11 the ;i|i|ieal is not, made within such a rejison- 28 KEMAHKS. able time, tliat circumstance alone will be a sutiicient reason for dis- niissino- it. And no appeal will be entertained unless made by the party aii^rieved. DEAF, niniB, IJI.IND, IDIOTS, AND INSANE. The sum appi'opriated for the deal' and dumb, blind and idiots, is two tliousand five hundred dollars annually, and the governor of the State is ap))ointed to distribute it. As there are a number of these in every town in the State, the school c(jmmittees and friends of education and humanity should look them nj) and see that they receive their proj)er share of the appro- priations. LIBRARIES. Towns and districts are authorized to maintain school libraries. In the oreater part or the towns library associations have been formed, and in some towns, several. These school libraries alone, now con- tain a great number of volumes, accessible to all. In all towns or neighborhoods where there are none, exertions should be made at once to obtain them. The commissioner will always be ready to aid in evei'v way in his power. A list of the school libraries already formed, may be seen in the Journal, vol. o, p. 428. For many of these the public are indebted to the exiM'tions of the hrst connnissioner, Mv. Barnard, aided by several public-spirited gentlemen in Providence. The following is the j)roper form for the t'onstitution of an associa- tion for establishing and maintaining a public library : EOKM OF INO()RIH)1JATION. We, the subscribers, agree to ass(X'iate and incorporate ourselves for the purpose of maintaining a ind)lic lil)rarv, by the name of the under the pro\isious contain(Ml for that purpose in the Revised Statutes, ])assed at the January session of the general assembly, A. D. 1857, and to be governed by the following constitution : Akticle 1. This association shall be called the . The library shall be established and maintained at such jilace or ])laces within the town of as the directors may from time to time appoint. I.IUKAKTKS. 29 2. The officers of the nssocialioii shall he n, ))i'esident, vice presi- dent, secretary, treasurer, and lihrariaii, who shall constitute a board of directors lor the niana, it may bo taken by a Loud, ooiiditioiiod I'or tho piirfonnauuo 1)y A l\, ol' tlm oovo- nants and agroomonts in an instruiriont dalod [and thou Lriody doscribo it.] 15. Vote of Dldrict to Tax. At the annual mcH>tiiiropei'ty has changed owners since the last town valuation, it of course nuist be assessed to the actual owners at the time the school-tax bill is made out. This is the reasonable construction of the law. The following is an abstract of the existing tax laws of the State ; but a collector, before proceeding to act, should always inquire if they have been altered or amended : In assessing a tax, real and personal estate must be valued sepai'ate- ly, and ])ut in se]Kirate cohnnns, and the assessors must distinguish those who give in a list. They may assess it either to the owner or occupant. It should not be assessed against a person deceased. If the last town assessment is defective in any legal requisites, the dis- trict may vote to go by the next assessment, and in the niean time endeavor to have them remedied. Meeting-houses, school-houses, academies and colleges, the land on which they stand, and burial-grounds, are exempted from taxation. Buildings on leased land are to be deemed real estate. The custom- houses in Newport and Providence are exempt. No poll-tax can be laid for any purpose. It has been decided in Massachusetts, that a person residing on land ceded to the United States, and where the State has only reserved a right of serving process, is not taxable. (8 Mass. Rep. 72; 1 Metcalf, Reii. 680.) Machinery in cotton and woolen factories is to be taxed in the towns where located, in the same manner as if the owner resided there. FORMS. 41 Personal property in trust, the income of wliich is to be paid by some other person, must be assessed to tlie trustee in the town where such otlier person resides, if in the State, but if such person Hves out of the State, then k is to be taxed where the trustee, executor, &c., resides. Personal property in the hands of executors, guardians, &c., is to be taxed to them in the town where the deceased dwelt or the ward Collection of Taxes. — The mode of distraining and selling personal property is pointed out in the revised statutes. The mode of notify- ing and selling land for taxes is also prescribed by law\ If he find no real or personal estate, he may commit the body. If a person is taxed for more than one parcel of land, the wliole tax may be col- lected out of any one jjarcel. If real estate is assessed to the tenant, the tenant's own real and personal estate is liable to be taken for the tax, and if that c-annot be found, the land in his occu])ation is liable. A tax warrant remains in force until the whole tax is collected. The collector's fees are to be paid out of the district treasury', and will be five per cent., unless he makes a different agreement with the dis- trict. If the collector dies or resigns, the new collector will have power to complete the collection. Tlie oath of the collector is ad- mitted to prove a demand. Any district may offer a deduction to those who pay in time, or impose a percentage on those who do not. Any person committed to jail for a tax, rate or assessment, may swear out in the same manner as if he was committed for town taxes. And any ))erson assessed for tuition may take the poor debtor's oath before being counnitted. The utnform, arms, amnuuiition and eqni])ments of an officer or jirivate in the militia, cannot be disti'ained for taxes. And house- hold furniture, family stores, tools, &c., are in some cases protected from distress. Owners of real estate or buildings sold for taxes, may redeem within six months after sale, on paying to the purchaser the amount paid therefor, with twenty per cent, in addition. By the new school act, the trustees are to assess the taxes (except in the cases where an assessor is to bo called on) and the trustees issue the warrants immediately to the collector. And the district may vote to have it collected by the town collector. Any person neglecting to appear before the assessor after notice given, has no remedy. Any tax or assessment not appealed from cannot be ques- tioned in court afterwards. Provision is made for correcting errors 6 42 FORMS. and reassessing a tax. As to cases of persons affected by a change of boundaries of a district, see tax in the index. 16. Form of a Tax Bill. Assessment of the taxes upon tlie ratable estates in School District No. of the town, &c., made by the trustees thereof, according to law, this day of a. d. 18 for the purpose of raising the sum of dollars, according to a vote of said district, passed on the day of A. D. 18 Names. Real. Personal. Total. Tax. Note. — The trustees should sign the tax bill. If the town assessors are applied to, it would be well to have them make their certificate at the foot of the tax bill, and sia-n it. 17. District Treasurer s Bond. Know all men, that we, A B, of county of and State of Rhode Island and Providence Plantations, as principal, and C D, of county of and State aforesaid, as surety, [surety or sure- ties to the satisfaction of the district,] are firmly held and bound unto the School District No. of the *own of and State aforesaid, in the full sum of [to be fixed by the district] to be paid to the said school district, or their assigns, to which we hereby jointly and sev- erally bind ourselves, our several and respective heirs, executors and administrators. Sealed and dated the day of a. d. 18 The condition of the foregoing obligation is, that whereas the said A B was, at a meeting of said school district, holden ajtpointed treasurer of said district. Now, if he shall faithfully discharge the duties of said office during his continuance therein, and at the expira- tion of his office he or his executors or administrators shall exhibit a true account, if required, and deliver over to his successor, or the order of the district, all books, papers and moneys belonging to the district, in his hands, then the above obligation is to be void, other- wise to remain in force. Executed in presence of [l. s.] [L.S.J FORMS. • 43 Note. — It may he advisable for the treasurer to receive a formal certificate of appointment, or warrant, and then his engagement can be indorsed upon it. The above bond need not be given unless the district require it. 18. District Collector's Bond. Know all men, that we, A B, of State of Rhode Island and Providence Plantations, as principal, and C D, of as snrety, are firmly held and bound unto E F, of treasurer of School District No. in the town of and State aforesaid, in the full sum of [to be fixed by tlie distric^t, not exceeding double the tax] to be paid to said . his successors in said office, or assigns, to which we jointly bind ourselves, our several and respective heirs, executors and admin- istrators. Sealed and dated this day of a. d. 18 The condition of this obligation is, that whereas the said A B was, at a meeting of the legal voters of School District No. of the town of appointed collector of the rates and taxes assessed and to be assessed in, by, and upon said district, and the said A B has accepted said office ; and whereas said district on the day of ^ A. D. 18 voted that a tax of be assessed on all the ratable property i'n said district, for the purpose of and said tax has been legally assessed, and the trustee of said district hath issued his warrant to said collector, with said rate bill annexed, for the col- lection of said tax, the receipt of which said rate bill and warrant is hereby acknowledged, and by which said warrant, said tax is to be collected and paid over, on or before the day of a. d. 18 Now if the said A B shall faithfully perform and discharge said office and trust, and with diligence and fidelity, levy and collect, as far as may be done, all the taxes that have been, or may be so committed to him for collection, during his continuance in office, and he, his heirs, executors or administrators shall at all times on proper demand, ren- der an account and pay over all the proceeds of such collections to the treasurer of said district, or his successors in office, according to the directions contained in the warrants for their collection, then this obhgation is to be void, otherwise to remain in force. Executed in presence of [l. s.] [L. S.] Note. — The collector need not give bond, unless required. 44 I!). Wdiriiiil Id cullccf ii IIk' liiirK. 'I'lic (linlrict mIkhiIiI iipiii'dvn llu' nuiii iiihI Miivlir.i nl' llic IkpikI, anil llir rlnU Nlmnlil ci'i'lily Ihn tact. Ihi'idun. HO. Form of Tux Collrclor^x />ro|ierty in said district, for the puiposo of and said la\ was afterwards, \'\/,. : on tln^ roceed accord- iiie; lo |;iw aiid collect the said ta\, and pay oxer the same to tlu' Ireasureidi' th(^ district, or to his successor in ollice, and whereas (I 1), of neglected to pay the lax assessed aeainst, him, and expressed in the said tax hill, amoiniliiiij; to the sum of dollars, and ill conseiiuence thereof, I did on the day of levy said warrant iiiioii a certain lot or IracI, of land Ixdoiieine; to said CD, in said district, and did advertise the same for sale according- lo law, at two lor more I pnhlic places in said town, for twciiiy days pre\ious to sale, [and also in tho a, ncwsiiaper printed in J :ukI oil FORMS. 45 the (liiy <»r A. I). Is ;i) o'clock III lli(! noon, on tlui ])r('mis('s, hcinj;' llic lime nnd |)l;u'() ;i])i)(>int.('(l, 1 proceeded to sell al. ;niclion so nnicli o(" siild land as was niM-essary •<> salisly said tax and llie inciilenlal expenses, and 1*j h\ ol" was llie. lii:.i;li<'sl, hidder llierefor. Now, know )'e, llial: in consideiatioii ol IIk; siun -il' dolJai's, l)ein.i;' llie aiiioiiiil, ol' said la.\ and expenses paid nie liy IJk^ said I*'. l\ 1 llie said collector, do liereby ;ns, all tlu! I'i^ijlil, lille and inter- est wlii(di said (ID, liad at the linu; of ass(,'ssin, lor niys(dr, my heirs, execiilcji's and administrators, do covenant with said K h\ his heirs and assi, treasurer of said district, to and for the use of said district, by M N, of the receipt of Avhich is liereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said M N, his heirs and assigns, all the right, title and interest of said school district, in and to a lot of land situated in said district, containing bounded or however otherwise bounded, with all buildings and appurtenances, being the same lot conveyed to said district by deed of H I. To have and to hold the same to said M N, his heirs and assigns, forever. In testimony whereof, the said school district have hereunto fixed their seal, by the hands of said A B, their treasurer, duly appointed for that pur- pose, at a legal meeting of said district, and the said treasurer hath hereunto affixed his own hand, this dajjj of A. D. 18 A B, Treasurer as aforesaid. [l. s.] Signed and sealed in presence of Acknowledgment. State of Rhode Island and Providence Plantations, county of town of A. D. 18 The School District No. of said town, by A B, their treasurer and attorney for that purpose, by vote of said district appointed, acknowledged the foregoing to be their volun- tary act and deed, and their seal to be thereto affixed ; and the said A B, treasurer and attorney as aforesaid, also acknowledged his own hand affixed thereto, and that the same was the voluntary act and deed of himself and of the said district. Before me, P Q, Justice of the Peace, or Notary Public, or Town Clerk. Note. — It will soklom, if ever, be advisable for a district to give any thing more than a quitclaim deed. If they wish to insert any warrant}', it would be best to consult a well-informed attorney. 27. Order for Money. To A B, town treasurer of the town of Pay to C D, or order, the sum of it being for keeping a dis- trict school in School District No. in thi§ town. By order of the School Committee of the town. Date. E F, Chairman or Clerk. 50 FORMS. NoTK. — It- will hn tho safest courso, in all casos, to lot tho money remain in the hands of the town treasurer, and to give orders lor it no faster than it is actually expended. 28. Notice of Appeal. To the school coininittee of tlie town of [trustees of" School Dis- trict No. in the town of J I hereby notiiy you, that in conlbrniity with the provisions of the laws regulating public schools, 1 aj)peal to A B, commissioner of ])ub- ]ic schools, from [here specify the vote or decision of the committee, trustees, or district, which is complained of.] Signed, Date. C D. A copy of this notice should be immediately served upon the clerk of the committee, clerk oi the district, or upon the trustee, trustee? or inspector, who have done the act complained of. And a notice of the anpeal should be immediately forwarded to the commissioner, which may be as follows : An Appeal. To A li, commissioner of public schools of the State of Rhode Island and Providence Plantations : Whereas, the school committee, [trustees, of School District No. of the town of No. ] did at a meeting on the day of A. D. 18 pass a vote — [here copy or insert the substance, as nearly as can be ])rocured.] I, the subscriber, according to law, do hereby appeal to you from said vote or decision, and claim that the same may be reversed. [Here state plainly and briefly the reasons.] Signed, 29. Vote of District to establish a Secondary Scliool. Voted., That this district will unite Avith School District No. of this town, [or in the adjoining town of ] in the establishment of a secondary school, according to the provisions of laws regulating public schools, passed January session, A. i). 1857, for the common bencHt ol' both said districts ; provided said ' School District No. shall also give their consent thereto, [within IVom this date], and that the clerk of the district furnish a certified copy of this vote to said FORMS. 5] Scliool District No. and also to the school committee that, [if said district consents] they may take the necessary measures tor establish- inc; said school. oO. Vote of School Committee to form Joint District. Voted, [the school committee of the town of concurring here- with] that a joint district he Ibrmed accordiiif;; to the provisions of the acts relating to public schools, to consist of School District No. of this town, and School District No. of said town of and that said disti'icts shall constitute a joint district from the time that the school committee of said town of shall concur herewith [or if they have already passed a similar vote say, from and after the passage of this vote.] Voted further, that the chairman be authorized, in conjunction with the school committee of said town of to cause notices to be posted up [in one or more places in each of the two districts — spe- city tliem] for the fii'st meeting of said joint district, to be held at on at o'clock in the noon [or to be held at such time and place as he may agree uj)on with the scliool committee of said town of ] and that the clerk of the connnittee furnish a certified copy of this vote to the school connnittee of the said town of Note. — A notice signed by the chairman of each committee should bo posted up in one or more places in each district. After trustees are elected, they will notify the subsequent mcoting-s. 31. Vote prescribing Form of District Seal. Voted, That the clerk of the district cause to be made a seal for the use of the district, with the figun; of engiaven thereon, and the letters or inscrijjtiou around its margin, and that the same is hereby adopted, and declared to be the common seal of this corpo- ration, and shall be kept by the clerk of the district. Note. — Every town, district, or other corporation, shall have a common seal, with a suitable device ; but if they have no regular seal, any seal may bo affixed to any instrument by their authority, for instance a piece of paper attached by a wafer will be considered to be their seal. 52 FORMS. 32. Ileturns from Scliool Committee to the Commissioner of Public Schools. STATEMENT of Ex|RMi(lituivs of thu l»ublic. Schools of lor the year cMiding May 1, 18 Eiiiuls rc'niainin<:^ uiu'xpeiuk'd ol" last year's money, . tf lleceived from State treasury, ..... " " town tax, ...... " " registry and militia taxes, " " rate bills, " " income of" f'lmds, .... " " other sources, ..... Total resources, . . . -f ExjxMuK'd loi' sui)port of schools (except building and repair- ing school-houses,) . . . . . . . $ Expended for buildino- and repairing of school-houses, Amount voted by the town for next year, Statistics of each separate School In Each district or separate school in the town should be reported for both the winter and summer schools — indeed for every term — as fol- lows : Amount of money expended on the school-house. Whole No. of boys attending, u girls " Total No. of scholai's " Average No. of scholars attending, Male or femah' teacher, Wages per month, including board, 'I'eacher's name. Length of school in weeks, No. of scholars attending under 4, ci a a ^)^.^.,. 15^ Amount of money from State's appropriation, " " " town's " " " " rate bills, *' ■" " taxes. We, the scliool committee of the town of in conformity with the laws relating to public schools, do certify that the foregoing form FOKMS. 53 and blank for town returns prescribed by tbe commissioner of public schools have been filled with duo diligence and accuracy, and that the above is a true statement of tiie moneys received from ail sources and ap[)lied to the support of public schools for the year ending May 1, 18 33. Form of District Return prescribed by the Commissioiter of Public Schools, October, 1855. The following is the form prescribed by the first commissioner, Mr. Barnard, and is the one now used. The present commissioner has been several times urged to prejjare a shorter form. Hut on the best con- sideration he has been able to give the subject, he is satisfied that it is most for the good of the schools to retain the existing form. A trustee, having all this information himself, may consider it trifling ; but it is all of importance to the school committee. Especially should exact returns of the attendance, studies and books be insisted on. By these the committee can ascertain whether improper books are used, and whether the teacher exercises j)roper judgment as to the studies and classification of his scholars. The trustee need have no trouble with it, if he will only require the teacher to fill it out, and there is nothing in the return but what the teacher can easily answer. I have seen instances of returns filled out by teachers in a manner and temper highly discreditable to them. No return should be allowed by a trustee or committee, unless the questions are answered in a respectful manner. Note. — When there are soi)ai'ato schools kept at different times in tho year, a separate return is to be made for each school, but the items included in tlio divisions I. II. III. VII. and IX. need bo returned but once a yettr, and tho items printed in italics need not bo returned, except when specially required. RETURN respecting the Public Schools in District No. in toivn ool\-lvee|)inn-. No. of classes in, " " in Al<;el)ra, No. oi' (dasses in, " " in Geometry, No. of classes in, " " in Natural riiilosophy. Classes in, ■•' '' in IMiysiolooy, (^lasses in, " " attendin<^ to drawing-. Do. Composition, Do. in Dc(daniation, Do. who eni:;ajj;e in Vocal Music, No. of slars in other studii's, s|)ecilVini;- the same, " "■ not ])rovide(l with all hooks necessarj' in the studies [)nrsued l»y them, not providi'd with slate, VI. UoOKS. Name of ea(di kind of Text-lJook used in the sclio(;l, and the number of co|)ii\s of ea(di kind, |)ictionary, J'riuier, Spelliiin- Hook, Jxeadinn-, JV'nmanship and i>ook-Keepin<^, Mental Arithmetic, Written Arithmetic, ( Jeo<;raphy, (irammar, Jlistory, Other studies, VII. 'I'kaciif.rs. Nami! and a^-e yf teacdier. Place (^town and State) of birth. FORMS. 57 Place (town and State) of residence, Date of certificate, and by wliorn sio;ned, Niinibor of terms, or years, of ex|)eri(MU'e as a teaclicr in any scliool, NuinhtM' of terms, or years, of cxpei-ieiice as a t(uiclier in this school Leforc the present term, Comj)ensiition ))er month in money, Aoor^.u'ate amonnt in money for term. Is the teacher hoanledhy the district in addition to his money wages ? (_)r does he hoard himself ont of his \v;i;j;es ? Arrano'ement l\>v hoard — hoard i-onnd, At one jjlace, Ifhoai'ded by ilistiict, the amonnt paid in money for board, VIII. Suim;iivisi()N or VisrrATioN. Nnnd)ei' of visits irom trnstees, l^^'om town committee, From county inspector. From ])arents and others, IX. Priva'ik S('nooi,s, Lyceums, &c. Number and grade of private or select school, kept in the district during the term, Nnndji'r of pupils attending. Hate of tuition j)er term. Name of any lyccum, debating society, or library, with date of estab- lisinnent, number .)i' members, books, &c., X. Namks of Officers of thk District. Trustees, Clerk, Treasurer, Collector, To the School Conimittae of the Totvn of We, the trustees of School District No. in said town, in con- formity with the laws relating to |)ublic schools, do certify that the foregoing form of distiict return, i)rescribed by the commissioner of j)nb!ic schools, has been filled up with due diligence and accuracy ; and that the money designated " teachers' money," received from the treasurer of the town for the year j)revious to the first day of May, 18 was applied to the wages of teachers, and for no other ])urpose whatever. l^ated at 18 Trmtees. 58 FORMS. 34. Specimens of Rules and Regulations to he adopted hy School Committees for the govertiment of Public Schools. We oive below, 1st, the rules acl()])ted by the scliool committee of Smithfield, a. d. 1846 ; 2d, the rules adopted in North and South Kingstown, and some other towns ; 3d, extracts from the school regu- lations of the town of Portsmouth. Regulations for the government of the Public Schools in the town of Sm ithfield. PREAMBLE. Teachers and candidates for teachers in the public schools, previous to entering u)ion their engagements, should consider it of great im- jiortance to become familiar with some of the most approved plans of teaching and governing a school ; and should endeavor, as far as pos- sible, to possess themselves of definite ideas in regard to the solemn duties and res|)onsibilities of their ])rofession. And in order to aid and assist them in establisliing a uniform and systematic course of instruction and discij)line, the committee would respectfully submit the following RULES. 1. All the teachers of the public schools are required to be at their respective school-rooms and to ring the bell from ten to fiftetn min- utes before the time of commencing the school in the morning and in the afternoon, and they shall require the pupils, as they enter the room, to be seated in an orderly manner, and prepare for study. 2. The bell shall again be struck, or tlie hand-bell rung, precisely at the specified time for begiiniing the school, as a signal for com- mencing the exercises — previous to which all the scholars are expected to be present and to have made all needful preparations for carrying on the business of the school, in order to prevent all unnecessary movement after tlie exercises commence. 3. All the public schools shall be opened in the morning by read- ing a portion of the Scriptui'es, which may be done by the teacher alone, or in connection with the older pupils — the whole school being required at the same time to suspend all other sul)jects and to give proper and respectful attention ; and this exercise may be followed by prayer or not, at the discretion of the teacher. FORMS. ' 59 4. Every scholar who comes in after the second bell rings, must present a satisfactory excuse ; and all Avho cannot do so, shall be con- sidered delinquent, and marked tardy on the teacher's register, sub- ject to examination by parents, trustee? and school committee. 5. No teacher shall permit whispering or talking in school, or allow the scholars to leave or change their seats, or to have communi- cation with each other in school time, without [)ermission, but shall strive to maintain that good order and thorough discipline which are absolutely essential to the welfare of the school. 6. It shall be the duty of teachers to guard the conduct of schol- ars, not only in the hours of school, but at recess, ar.d on their wa^y to and from school, and to extend at all times a watchful care over their morals and maimers, endeavoring to inculcate those virtues which lay a sure foundation for future usefulness and happiness. 7. The govennnent and discipline of the school should be of a mild and parental character. The teacher should use his best exertions to bring scholars to obedience and a sense of duty, by mild measures and kind, influences ; and in cases wh^M'e corporal punishment seems absolutely necessary, it should be inflicted with judgment and discre- tion, and in general not in presence of the school. 8. Teachers should ever avoid those low, degrading and improper forms of punishment, such as tying up scholars' hands and feet, com- pelhng them to hold a weight in their hands with their arms exten- ded, pinching, pulling and wringing their ears, cheeks and arms, and other similar modes, which are sometimes used, as the committee are decidedly of the opinion that a judicious teacher will find other meth- ods of governing more consistent and more effectual. 9. In case of obstinate disobedience or wilful violation of order, a teacher may suspend a pupil from school for the time being, by in- forming the parents or guardians and school committee thereof, and readmit him on satisfactory evidence of amendment ; or such pupil may, at the discretion of the teacher, be referred directly to the com- mittee, to be dealt Avith as their judgment and legal authority shall dictate. 10. The teachers shall.classify the pupils of tlieir respective schools according to their age and attainments, irrespective of rank or wealth, and shall assign them such lessons as seem best adapted to their capa- cities, and render them all possible aid and assistance, without distinc- tion and without partiality. 11. For the purpose of preserving that system and order so es- sential to a well-regulated school, and securing to the pupils a thorough knowledge of the subjects pursued, there should be a specified time 60 FOKMS. for every exercise, and a certain ])ortion of time devoted to it ; and in no case should any one ri'citation interfere with tlie time apjjropriated to anothiu" ; and whatever the exercise may he, it shouhl recei\'e, for the time, the immeihate and, as far as j)iacticable, the exchisive at- tenti(m of the teaclier. 12. No child under the a<2;e ol" Ibui' years shall he ivceived as a scholar in a district school, unless there he an assistant teacher or a ])rimary dej)artnient. 13. Exercises in declamation and composition slrill hc^ j)ractice(l by the older and nioi i.' adxanced j)n|iils, at the; jud<2,nient of the teacher, njider the advice of the connnittee. 14. Sin{j;ini2; may be encouraged, and, as far as practicable, taught in all the schools, not only for its direct intellectual and moral uses, but as a healthy exercise of the lunos, an agreeable reci'eation to the pupils, and an auxiliary in o'ood o^ovennnent. 15. Needle-work shall be allowi'd in the primary scliools. It). The teac;her may employ the older scholars, under his direc- tion, in the manaoenient of the scliool, when it can be done without disadvantage to them or to the «j;ood order of the schools. 17. No teacher shall use or encourao-e the nsi' of any other books than those recommended by the connnittee, without their approbation. 18. There shall be a recess of at least fifteen minutes in the mid- dle of every hall' day ; but the primarv schools may ha^■e a recess of ten minutes every hour ; at the discretion of the teacher. 19. It shall be the duty of teachers to see that fires are made in cold weather, in their respective school-rooms, al a si-asonable hour to render them warm and comlbi-table by school time ; to take care tliat their rot)ms are properly swept and dusted ; and that a due regard to neatness and order is observed, both in and around the school-house. 20. As pure air of a proper temperature is indispensable to health and comfort, teachers cannot be too careful in givini]; attention to these things. If the room has no ventilator, the doors and windows should be opened before and after school, to j)ermit a free and lu'al.h- ful circulation of air; and the temi)eratui'e should be regulated by a thermometer suspended five or six feet from the floor, in such a posi- tion as to indicate as near as possible the average temperature, and should be kept at about sixty-five degrees Fahrenheit. 21. The teachers shall take caie that the school-houses, tables, desks, and apparatus in the same, and all the public property intiusted to their charge, be iu)t cut, sci-atched, marked, or injured or deficed in any manner wdiatever. And it shall be the duty of the teachers to give promj)t notice to one or more of the trustees, of any repairs that may be needed. FORMS. 61 22. Every teaclier shall keop a record of all the recitations of every class ; and of the manner in which every member of the class shall acqnit himself in his recitation — using figures or otherwise to mai'k degrees of merit. xVlso, every act of disobedience or violation of order, shall be noted ; and the registers shall be at all times sub- ject to the inspection of parents, trustees and the school committee. 23. The following shall be the construction of teachers' enjxase- ments, unless otherwise specified in the written contract. Tliey shall teach six hours every day, including the recess, and shall divide the day into two sessions, with at least one hour intermission. They shall teach every day in the week, except Saturday and Sunday, and four weeks for a month ; and they may dismiss the school on the fourth of July, on C'hristmas, and on days of public last and thanks- giving, and one day out of every month for the j)urj)ose of attending a teacher's institute, or for visiting schools. PUPILS. 24. Good moi'als being of the first im])ortance, and essential to their progress in useful knowledge, the pupils are sti'ictlv enjoined to avoid all vulgarity and })r()fanity, falsehood and deceit, and every wicked and disgraceful j)ractice ; to conduct themselves in a sober, orilerly and decent maimer, both in and out of school ; .to be diligent and attentive to their studies ; to treat each other politely and kindly in all their intercourse ; to respect and obey all orders of their teach- ers in relation to their conduct and studies, and to be punctual and constant in their daily attendance. 25. Ji^very pupil wdio shall, accidentcdly or othenvlse, injure any school property, whether fences, gates, trees or shrubs, or any build- ing or ai>y part thereof; or break any window glass, or injure or destroy any instrument, apparatus or i'urniture belonging to the school, shall be liable to pay all damages. 2G. Every pupil who shall anywhere on or around the school premises, use or write any profane or uncdiaste language, or shall draw any obscene jjictures or representations, or cut, mark, or otherwise intentional! 1/ deface any school furniture or buildings, or any property whatsoever belonging to the school estate, shall be punished in pro- portion to the nature and extent of the offence, and shall be liable to the action of the civil law. 27. No scholar of either sex shall be permitted to enter any part of the yard or buildings appropriated to the other, without the teach- er's ])ermission. 28. Smoking and chewing tobacco in the school-house or upon the school premises, are strictly prohibited. 02 FOllMS. 20. The scholars shall pass throuc()niin school-room, and shall cause tlu' same to be read aloud in school at U'ast once in every monlli ; and incase of any (liHiculty in (•arrying out these regulations, or in the government and disciplint^ of the school, it shall be the duty ol" the teacher to apply immediately to the committee I'or advice antl direction. U. Ji('(/i(lationftfor (/ovcrnment of Piddle Schools^ adopted in North and South Jun(/stoivn, ^c. TKACIIKRH. 1. Every jierson, befon* being employed to teach in any school snp|)orted wholly or in j)art by public money, shall be found (pialiHed according to law ; and Ibi' any iunnoral oi* gi'ossl\' im|)roper conduct, or, ibr I'cfusing to coniply with the regulations of the school com- mittee, or the reipiesls of the commissioner oi' public schot)ls, shall be dismissed. KOllMS. 63 2. Tlie toachers arc exported to in:ike \]\v, tea<'liin(jj of their school the main Imsiiiess, to tlif studies ol" liis class, unless for i^tunl i-easoiis an ('X('e|)li()ii i)(' made liy tlie teaclier under the aihiee, or with the a|»])roI)atioil of the eoilimillee. !'• It shall he the duly oC the teachers to use tln'irhest eudeaxors to impress upon the minds of the youth C(jmmitte(l to their care ai'd instruction, the principles of piety, justice, and a sacred rei;-ard to truth, lo\(' to their countiy, humanity and universal henevolence, sohi'iely, industry, rruachers will exei'cisc a general insjx'c- lion o\'er the conduct of the scholars, not oidy w Idle in school, hut also durinjj; their i-ecess, wdiile in the aisles ami yai'ds, and while com- iiii:,' l<> •'iiid retiu'uinjj,' li'om school. 11. It is reconnnended that the school he o|)(>ncd hy rcadinji; a portion o( the I'lilile, which nia\' lie I'ead, either separat(d\' liy the teachers, or h\ the scholars, oi- hy holh in conni'ction ; hut no scholar shall he re(piired to en^a^e in this e.\ei"cist> against the e\presse(l wishes o(" the parent oi' guardian. 12. The teachers shall practise such discipline in the scho(»ls as \v<»idd he exercised hy a kind, judicious pai'ent, in his family, and shall avoid cor|)oral piuiisjimeiit in all cases wlu're order can he preserved hy milder measures ; and they shall keep a fiilhlul account of all ptuiishnients and the olfenccs for wdii(di tlie\- are iuilicted — suhject to examination hy the school connniltce, or trustei's. lo. I^'or N'iolent op|»ositi(in, or ^ross inunorality or indccenc^■, or conta;j;ious disease, a teacher nia\ I'xchide a j)upd Irom school for the tiuu- ; and in all such cases, shall forthwith i^ive information in writ- iiii;', of the cause thereol, to the parents or ^uai'dian, and to the scdiool committee. I I. Whenever the example of any scholai' shall he such as to be dauii'erous to the morality of the other scholai's or the i.';ood order of the school, and there is no h(>pe of reformation, the teacher shall I'l'port the case (o the school committe(> for their advice anil di'cision. lA. The tea(diers shall exi'rt themselves, under the advice of the conimittoo, to impart a kiio\vledii;e of the Eiiolish langiiiige, (including FORMS. 65 ()rtlH)o;raj)l)y, otyuiolo^y, prominciation, definitions, composition, gram- mar and reading,) \viitin;alnst the wishes of his parents. 22. The teacher may, under the advice of the visitin;:; committeo, occasionally employ the older scholars to assist uiuler his (Ui'ection in the management ol" the school when they art; capuhle, and when it can he donu without disadvanta<>(; to them or to the "ood order of" the school. 2o. Every teacher shall keej) u record of all the recitations of every class, and of the manner in which e\e!-y inend)er of the class shall actpiit himscdl in his i-ecitations, nsiii;^' fi<;ures or otherwise to mark de;^ri'es ol" merit, and shall exhihit the same to the; parents or (;uai'dians, committee ov trustee, w hen I'CMpiired. 24. Jt is rLConnnended that there shall he a recess of at least ten minutes in every half day l"(ji- the older scholars, and of ten minutes in every hour, for the y(Min<;er. 25. TIk! teachers shall ^ive vi<;ilant attention to tlu^ ventilation and tem|)enitiu'(! of their rooms, causino- those that have heen occu- jiied to he opened and aired each mornint; antl afternoon, at the times u m KOKIMS. of recess, iirul :it tli(f eiul of school hours; iiikI they shnll use mII proper inciuis to luoid lliost; iiijiiiioiis cxtreincs ol" he;\t iind cohl, which iie;jhi!;eiice iiii^ht, iiithice. iili. The IcMchei's shall take care that tiieir rooms and entries are ke|)t neat and clean, and swept, as often as necessary, and that they be (hist(Hl every flay. 27. The teaclici's shall take care that the school-houses, the appa- ratus in the same, and all the |)nhlic pi'opertv intrusted to their chai"i:;e, 1)0 not tielaced or otherwise injured hv tlie scholars; and it, shall he the duty of the teachers to ^i\'e pi-ouipt notice, to one or moi'i' of the Iruslees, of any repairs or suj)|)lies that, may he needed ; and they may prescribe such rules ibr the use of the yarfls and ont-buildiiies connected with the school-houses, as shall insure their beiui;' kept in :i neat and pi'opei' condition, and shall examine them as ol'len as may be iiecessai'y Ibr such ])urpose ; and they shall be held responsible for !inv want of neatness or cleanliness about their premises. lirt. The followinjj; rules shall be obserxH'd by all teachers unless otherwise specilicd in their written contract: — they shall ti-acli six hoiu's eveiy da\-, including the recess, and shall divide the day into two sessions with at least onc^ houi' intermission in the middle of the day ; — they shall teach e\('iy da\' in the weeds, except Satiu'day and Sunday, and lour wi'cks for a month. 'I'hey may dismiss the school on the 1^'onrth oi duly, on ('hristmas, and days of pid)lic iiist and lhankseivin«i', and lor the purpose of attendini;" a Tea(diers' Institute, and such other meetin!;s as th(! commissioner of |)nblie scdiools may appoint and invite the altendance of the te'aeliors. euni.s. lil). (iood morals beini;' ol tlu' first im])ortance, and essential to their progress in useful knowledi^c, the pu|)ils are strictly enjoined to avoid idleness and prolimity, I'alsehood and deceit, and every ■wi(d1 . No scliolur who coiiu's to school without |)ro|)('r ;itt(Mitioii haviii;;' been i'oportion to the nature and extent ol th<; olFence, and sliall be liable to the action of the civil law. ')-). hyvery pupil who shall, accldcnlallij "T (ilhi'r/cisc, injure any school property, whether fences, o'ates, trees or shrubs, or any build- in^' or any pai't thereol"; or break any wimlow ehiss, or injure or destroy any iusliaimenl, appai'atus or I'urniture belont;in the intellects of his pupils, hut he shall seek proper occasions to promote their moral proo;ress and inipro\ement by discourai!;in the decision, and desire an appeal to the committee, the superintendent shall call a meeting of the committee, and submit the case for their action. 7. It shall be his duty to respond to all applications for informa- tion respecting the schools, or the operation of the rules of the com- mittee, and shall receive and notice all complaints, whether from parents, teachers or puj)ils. 8. He shall fix a time, (not less than one hour each school day,) when he niav be seen for all j)urposes connected with his duties ; and shall cause notice of the same to be fixed at or near the entrance to his residence. 9. He shall receive, or cause to be received, under his responsi- bility, the assessments due quarterly from each pupil. He shall credit the amount received from each school, and compare the same with the whole number of jiupils in said sciiool ; and if there be a defi- ciency, shall ascertain and report the cause to the committee. He shall also record the names of pujjils, who, on investigation, shall be found unable to pay their assessments, and shall furnish them with free tickets of admission. 10. He shall j)urcliase, or cause to be purchased, under his re- sponsibility, all books needed for the several departments, kee])ing on hand a number of each kind sufficient to meet the demand. He shall record the number and kind of books distributed to each school, that the same may be compared with the teacher's account of books re- ceived. All sums thus paid for books and stationery, shall be allowed by the committee out of the assessments, whenever the accounts, with the proper vouchers, shall have passed the auditing committee. 11. He shall see that all necessary repairs are made to the school- house ; that they are cleaned at the close of each quarter; that stoves are put in order and fuel provided, at the proper season ; that each school-room is in perfect order, and ready for occupation at the com^ 7(> M1SCELT,ANF,0US. meiu'(!incMit oC vm-\\ (|M!irt('r. When the cstiiiKitc of nny expciulitiiro tluis made shall exceed twenty dollars, the suliject shall he first hiid bel'ore the eonnnittee. 12. All incidental expenses shall he made under his diiH-ction, and no bill, whether jbr salaiies oi- incidental expenses, sliail be ])aid by the ti'easurer, until examined and ])ronounced correct by the superintendent. It shall be his duty to deduct from the salaries of teachers, such time as they may have lost from sickness or other causes. All bills shall bt; paid as soon as possible alter they have been in- curred, and all accoiuits settled before the annual town meeting;. 13. When u teachei', by sickness, or I'or any other reason, is pre- vented from attending; school, such teacher shall cause notice to be friven inuni'diiitely to the superintendent, whosh.all provide, in the best possible way, I'or the continuation of the school. 14. He sliall examine, on or before the last day of eacli quarter, all pupils in each school reconnntMided by tlu; principal of such school for achnissiou to a school ol hiolier ^rade ; and his decision shall be linal. 1'*. lie shall examine all candidates for admission into tlu' schools, from liunilies ivmovino- into town, and all pupils not connected with any school the pi-ecedino; cpiarter, and shall assign tu them the par- ticular school which they shall attend. 1(). When families renu)ve their residence to another place, the sui)erintendent shall decide which school the children of such fami- lies shall attend. He shall also decide all similar ([uestious connected with the limits assioued to each district. 17. Jle shall examine, in connection with the teachers, the pupils in each school, on the day of examination appointed by the com- mittee, lie shall, on the day of examinatioii, furnish each teacher with a memorandum of the studies selected for examination, with the title of the book and i)ao;e, and the time which shall be occupied in each. 18. He shall require from the principal of each school, a quarterly report in accordance with the rules of the committee. From these reports, he sliall prepare an abstract in a book kept for reference, which shall always embrace the Ibllowini;- ])articulars : T. 'i1ie number of pu])ils of both sexes. H. The average attendance. HI. The names and nmnber of pupils in the Delinquent Class. IV. The branches of study pursued ; the time daily devoted to each ; with the number of pages studied in each text-book, and the number of classes. TOWN SUPERINTENDENTS, 77 V. The names of" ten pupils in each scliool most distinguished for punctuality, good conduct, and attention to these studies. VI. The luunher of times, if any, the teacher has been absent from school ; or has been later in attendance than tlie hour [)re- scrihed by tlu; cpmmittee. VII. The instances, if any, where the rules of the committee have not been strictly observed. VIII. The number of books furnished each school ; the number and condition of all the l)o(d\s belonging to each school ; the injury, if anv, done to the school-house, or furniture; and the cause of the same. 19. He shall also make "a (piarterly report, ri.-corded in a book i'or reference, giving a \ie\v of the progress of each school as com])ared with the preceding quarter, and embracing all nuitters and sugges- tions he may deem of importance. 20. He shall make an annual report, on or before the third Mon- day in March, embracing all the statistics of the schools for the year, the changes, improvements, or defects, that have been observed ; pi'actical suggestions for the future conduct of tlu; schools ; an ac- count of his several duties and the time genei'ally occupied in them. 21. These regulations shall comprise the duties of the superinten- dent until the same are altered by the school committee. DECISIONS OF CASES UNDER THE SCHOOL LAWS. It has boon tlionirlit host, so far as possiblo, to collfct all tlie late written decisions of the coininissioners of j)ubHc schools, and to print them in this edition of the law. They contain the eoinniissioners' o|)inion on a variety of matters', and on the mode of interpretino; the law ; and, of course, will serve as ojuides to trustees and school officers. Those decisions, with a very few exce])tions, have been made since the passage of the Revised School Law in 1851. The most important of them were made l)y the late commis ,ioner, Hon. E. R. Potter, to whose deep interest in the subject of jiublic education, it is in great part owino; that the present law was enacted, and whose very inti- mate knowledoe of the desiirn and bearinn; of the law, eminently qualify him to give authoritative opinions concerning it. The decis- ions are given with a history of the case, with the belief that a state- ment of the circumstances attending each one, will be valuable to all who wish to make apj)eals. A lew decisions of the Supreme Court are also given, as establish- ing the views of the court on the jiowers and duties of school dis- tricts and their othcei's, and several opinions of his honor Chief Justice Ames, on the powers and jurisdiction of the commissioner of jniblic schools. It is hoped that this pul)lication will assist to interjiret many points in the law, and therefore to aid in the vigorous enforcement of its provisions, and that it will tend to the improvement of our com- mon schools, and the spread of intelligence among all classes of the community. DECISIONS. 79 DECISION No. 1. CASE OF SCHOOL mSTKICT NUMI5ER FIVE, CUMnERI.ANn. 1. School Toiic]>cr without a cortificato cannot draw " toachors' money." 2. Irregular procccdiiigH. 3. IModo of notifying meetings of tlio school committee. In tlio cnse of llio appeal of Albert Follct, of School District No. 5, (^iinihcM'laiul, it a])pt'ai\s that, III 184(), three trustees were elected. By niisconstructioii of the law, they stip|)()S('(I the trustees were to take turns actino; year by year. In Octolier, Follet was enfraged and acted. The next year Scott, another trustee, acterl, but there is no evidence of his being eno;aged. Crownino;shield, tlie other trustee, removed from the; dis- trict. But of these proceedings there is no record. In May, 1848, a meeting was called by Scott, the clerk of the district, and who had also acted as trustee, and Mr. Follet, not an elector at the time, was chosen trustee, and engaged. But it does not ap])ear that Scott was ever engaged either as clerk or trustee. The winter following, Mr. Follet employed Miss Burgess to keep the school. At the time she kejjt it, she had not any certilicate, her for- mer certificate from the conunittee being dated more than a year previous. On December IG, 1848, a meeting of the school committee of the town was held ; four members present, and the meeting was adjourned to December lOth, when seven out of nine mend)ers were present, one of the others being dead and the other sick. It is admitted that the meeting of the comnn'ttee was not called according to one of their own by-laws, which provides that special meetings of the committee should be called by the secretary, on request, &c. The committee voted that Follet was not the legal trustee of the district, and a|)])ointed an agent to establish a school there, and from this decision an appt-al is maile. It is contended that this meeting was illeo;al, not beinof called in the mode pointed out in the bv-law. On the preceding facts I am of opim'on, 1st. That no teachei- can, under any circumstances, be etitled to demand any portion of the public; money unless he has a certilicate of qualification valid at the time he keeps the school. 80 DECISIONS. 2(1. That tlie irreguliirlty of the proceedings in the district lias been so oreat, that the district cannot be considered as being legally organized. 8d. 'J'hat akhongh the committee may provide by bv-Ia\v a mode of calling meetings of their body, such by-law would not exclude any other mode of calling meetings; and if a (p.oruni be ])i-esent, and all those who are capal)le of attending have had leasonable notice, and there is no charge of any unfair or improper j)roceedings, the meeting ■will be held to be a legal one ; the committee being a body appointed by law for performance of a trust, and the law itsell' j)rescribing no particular mode of calling such meetings. E. R. PoTTKR, Commissioner of Pub. Schools. Kingstcm, W. I., April 10, 1849. Approved Ai)ril 20, 1849. R. W. Greene, Cluef Justice Supreme Court. DECISION No. 2. CASE OF SCHOOL DISTRICT NUMUKR SKVEN, liURRII.LVlI.LE. 1. A vote or decision oi' a school com- mittee not involving the merits of a case may bo appealed from. 2. Seliool-houso site iixed. In the case of the appeal of sundry persons in School District No. 7, Burrillville, from a vote of the school committee of the town, passed second Monday of Jan., a. d. 1850, by which cei'tain j)ersons Avho had |)etitioned for a change of location of the school-house in said district, had leave to withdraw their petition because the com- mittee were not fully satisfied that the jietition came legally under their jurisdiction. One question suoo-ested but not arijued on the hearino; was as to the right to aj)j)eal from a decision of the nature above- stated, not involving the merits of the question. I am of opinion, however, that the decision of the connnittee is such as may be a])pealed from, and that on such appeal the whole merits of the case may be exam- ined and decided. It ap|)ears that the district have always refused to accept a deed of the lot on which the school-house is now located, and that of course they have no legal title to the ground, and that the district owns a DECISIONS. 81 lot on the opposite side of the road from the old school-house on which the majority of the distiict are desirous to have the school- house stand. From the above considerations and others presented, and believing that the peace of the district and the good of the school in the district would be pi'omoted by a change of location, I do hereby change said location, and direct that the school-house be hereafter located on the lot conveyed by Mrs. Harris to said district, nearly opposite to where the old school-house stands. E. R. Potter, CommW of Public Scliooh. Providence, Feb. 13, 1850. The above decision is hereby .approved. Levi Hailk, Justice of the Supreme Court. Providence, May 30, 1850. DECISION No. 3. CASE OF SCHOOL DISTRICT NUMBER THREE, NORTH PROVIDENCE. A school district ought not to be divided when it can conveniently establish a graded school. In the case of the appeal of James S. Healey, Robert Newton and others, from a vote of the school committee of North Providence, passed Nov. 30, 1850, by which the School District No. 3, in said town, was divided into two districts. It is contended on one side that under the proviso of sec. 4, p. 1, of the school act, the committee had no power to divide the district because schools of different grades might be conveniently established. It is admitted that there will be more than forty scholars in each of the new districts. On consideration of the question I am of opinion that that portion of the proviso respecting the grading of schools, is to be construed as laying down a principle for the regulation of the discretion of the committee. It is not definite and positive in its terms, and cannot be made so from the nature of the case. Each case must depend upon its own circumstances. But before acting in such a case the committee should inquire and adjudge that each district will have the required number of scholars, and that the schools cannot conveniently be graded. 11 82 DECISIONS. In regard to the facts of the case, takinn; all the circumstances together, and "with the probability that tiie population of the uorth part of the district from its vicinity to the c\\y must be constantly in- creasing, and that therefore the district presents a fa\orable o|)portu- nity of carrying out, sooner or later, the a]'parent intention of the proviso, I am of opinion that the district should not be divided, and the decision of the committee is therefore reversed. E. R. Potter, Comnir of Public Schools. Providence, April 16, 1851. I hereby approve of the decision of the commissioner. R. W. Greene, Chiff Justice jSupreme Court. April 18, 1851. DECISION No. 4. CASE OF SCHOOL DISTRICT NUMBER THREE NORTH PROVIDENCE. 1. School committee may not compel a gradation of schools. 2. Vote to establish a primary school. 3. School committee have power to limit and explain their certifi(-atcs. 4. School committee cannot delegate its general powers. In the case of the appeal of the trustees of School District, No. 3, in Noith Providence, from a vote of the school committee of said town, passed January 24, 1852, refusing to allour certain bills pre- sented by said trustees, viz. : Anson H. Cole, for 848.12, for teach- ing school to January 8th, and Hannah T. Smith, for $18.00, for teaching school to January 23, 1852. The parties v\'ere heard before the commissioner of public schools on Saturday, March 13, 1852 ; the trustees, Randall and She|)ard, and Messrs. Sisson and Willard, chairman and clerk of the school committee, being present. It appears, that by vote March 9, 1850, the school committee recommended the district to build or lease a room for a primary school, in the south part of the district, — that at a meeting of the district, August 6, 1851, the following resolution was offered : " Mesolved, That in the opinion of this meeting, the wants of the district imperatively demand the establishing of a primary school in the southerly part thereof; I move that a school-liouse for the use of the public schools of this town be built agreeably to the recom- mendation of the school committee of the town, the buildiiio; of which sqhool-house not to exceed -$1,000." And it was passed. A school-house was built. DECISIONS. 83 Of tlie teachers employed, Mr. Cole had a general certificate, and Miss Smith a certificate for the primary school, near CorHs & Night- ingale's, tile new house being intended. The trustees changed tiie teachers, and directed Mr. Cole to keep the school in the new house, and Miss Smith the school in the old school-house. The chairman and clerk of the committee, by letter January 2, 1852, notified tjie trustees that the teachers should be restored to their former schools, and that unless the change was made on tiie following Monday, their bills would not be allowed. The change was not made, and when the bills were presented, the committee voted to allow only so much of them, viz. : (•|43,75 to one teacher, and -13.60 to the other,) as was incurred before Monday, January 5th, " at which time the certificates of the said teachers were formally an- nulled." It farther appears, that the committee, by vote, October 18, 1851, authorized their cliairman and clerk, severally, in the absence of the board, " to order bills, approve taxes, school regulations, &c., for the several school districts, and transact all other biisiness legally trans- ferable into their hands." The appellants contend that the district schools had never been graded, that the committee had no power to grant conditional certificates, and that the committee had never legally annulled the certificates, (Sec. 14,) or dismissed the teachers, (Sec. 56.) On full consideration of the points presented, and which were ably argued by Col. Rivers and Mr. Sherrod, for the trustees, and by Mr. Willard for the committee, I am of opinion, 1st. That the sc!;ool committee may promote by advice and recommendation, but have no power to compel a gradation of schools by a district. 2d. That the vote of the district, (as explained by th.e vote of the committee, which is referred. to in it, and thus made a part of it,) does appropriate the new house for a primary school. 3d. That the committee have the power to limit and explain their certificates. To construe the law to recpiire perfection in the branches named in Sec. 54, would be unreasonable, and indeed, it is impos- sible to make a perfectly definite standard. If so, there is no reason why the certificate should not express the degree of qualification. 4th. That the committee cannot delegate their general powers. The powers of visiting schools and examining teachers they are spe- HI DI'.CIHIONH. ciiilly !iiilli(irl/.('(l lo . '■'>, (or if iiol, ;i|)|»orlioned, then out olMiiy sehool money in Ins oHiee, ) the ;;iiin ol lorlv ei± OPINION ()!<' I'lih: siirKi<:Mi': coiiirr, (Iukkni:, d. .). Till' roniiniK.'iiiiiii'i' rioiiiiil ilinw i n ili'in mi llii' Inuii I ii'iiMi ici'l-'. The I'ollow in;.', di'fision of (he Supreme ( 'oiirt, made Ma\ 10, I Mr)'2, relates lo the I )eeision No. I. Il will he -eeii on e\amiiialion thai it. only alleets the mode ol' eariNiliv, ilili* ellecl ihe decision ol' the com- ini .sioiier ol' pnMie schools in a case appealed to him : + lly III,. Mclinul luvv i.r is;i'.), Ihii riiiniinll.Mi wno ..N|in>HMly iml lii.il/ril lo ilnli-gali Al,i, ihc'ir |io\\ ni ri, Mild llm |uiii'l icii wiiii |iliiiliu!l i vc ol' j','''"' I'Vll- DKCIHIONH. 86 Siini i;m !■; (loiucr, Monhav, l\l;iy 10. Mii\vi-y Itiiii'hil ;iiiil Miiotln'i- \ ;. Z 'Inlcs \Vr| Ihti-II, low ii I rcMsiircr of Noi'l li I 'rc)\ idi'iir'c. A |i|ili(','iliiiii lor ,1 iii.'iinl.'inni ;. 'I'li<- :i{i|ilii':il loii :.l:ili-(| ||i;il l|i('fi|) |)lic;iiil:;, lrir;trc;; r.l' Si-IkmiI I )i:;liicl No. :'., of Norlli I 'i(.vii|ciiir, '^ did on d.i\ oC A. I). I'^.il, ciuiiloy one An. on li. ( loli-, ns lr;ic|icr in s;iid dislri.-l, nnd lliiil on llic •'■il li of .);inn;n'y, I Hi)ii, tlnic uni )n.ll_y dnc lo siiid ( !oli', ;is li'iudnT, \\\r snni of .tlH. 1:!. 'I'lijil s;nil lni',lrc:i iilso nii|»lovrd oni' Ihinnidi T. Sniitli, ;is .'i lr;icliir ni i;;iiil dislnil, ;ind on llic 2>id ol' ,l;inn;irv, liS.iL!, llinc \v;r; jn.llv dni' lo :.:Hd ll:inn:ili, IIk! Hinn dI'I'IH. 'I'JiMl llic, I' Itills wrir dniy |»i'('HrMl('d to IJn- t.cdiool corninilli'c o( siiid lown lor |i;i ynn'nl , Iml siiid foinniiltrc, .):uuiiiry 21, 1 Hr)2, Ity vole, ri'lini'd lo allow said lidl;, a; llicy wci'ti liy law l)(»imd to do, pri'lrndiii;^; llial. lln'y wi-rc nol, due, and llial ili'' di:.lri<'l. was niidi-r no Ic^'al oI)li;,'alion lo pav ll"' anM. ' I'roni llii'i \()li' ol' lin- coniniilli'i- an a|i|ii'al wa ; lal.iii lo IIh- roni inissioni'r ol |inlilii' m'IiooI.,, wIio di-cidi-d ihal. lli<' lidl . f.lionid li<- {laid and drew an ordci' on llic lown In'a ancr lo pay oiil of any money ni Ins ollicc, ilandni;' lo lIn' crcdii of said disliicl, or oiil ol any sidiooj niopcy III lii:; ollii'c, ;;aiil saiiiii lo Anson II. < lolc and llannali T. Sniilli. 'I'lii . Older iIk! lown Insa surer ndnscd lo (•<»in|ily willi. A rnle lia\iii;" Im-ch <.ri'aiil.(Ml lor llic naid /(doles VVi'lJici'eli lo ap |iisar .iiid show cause wli)' s;aid siiiiu; ol inoiicv have nol heen paid, and why ho should iiol. ho coiniuaiided Ity iho court to pay llie saino. {{.ivei's lor llii' pelilioiii-rH cilod seclions 2IhI,, !L!;)d aiiij <»r»l|i, or^'iiii ad lo revi (■ and amend ihc laws, rcMidaliii" piihlic schools," and ad milled ihal iho kI;'iI nli- ea v(! llm comnii ^ lioner no diieei, aiilhoril.y lo draw llii;«»rder, hiil. llial llie ad, liavin;^ eiven an apoeal Ironi iho town coiiimillec, who were compelent todr;iw lln; order, ihc appeal to llie c()iiiniissioner carried with it hy imphealion ihe iiieiilenial power lo draw the order of pa\nienl . Till' coiirl lia\iie'; inlimaled lli.al ihe proper mode of proeeediii;'; Wfiiihl ha\'e heen lor ihe coininis loner |o have ceiiilicd ihen decision hack lo llie lown commillec, and ihat upon iheir lelu ,al lo ; puhlic schools," which defines the duties oC th(! town conimitlec. This section ])ro\i(I('s that the town committee shall (h*aw orders upon the treasure)- for tlu; ])avment of )noney due, in conformity with the law : Provl(hd, " that the com- mittee shall not l)e ohiioed to ^ive any order until they are satisfied tlie st-rvices have actually been performed for whicli the money is to he |)aid.'" They are to decide when money is due, and, havinff so di'cided, lo di'aw an oi'der for its payment. And tlu; 2''>d section of the same art prescribes, that " the town treasurer shall receive the money ; in the case, which was allowed — the old trustees ohjeclin^- to tiie ri;i;ht to allow said reliearin;]!;. The cennnitt<'e contend that the cei'tificate of ('ole, though n(.iieral in its I'orin, was by their practice limited ti> a (grammar-school, and that this practice was genei'ally understood ; that the sub-committee had ])o\ver to annul a cei'tificate ; that their letter did annul it, and that the whole committee subsequently approved it. The other facts, points of law and arguments, are fully stated in tlie former decision. On further consideration, I am of opinion that all the points of law before stated and decided were rightly decided ; and further that the commissioner has a right to allow a rehearing for good cause, in his discretion ; but so much of said decision as allows the bill of Miss Smith, is reconsidered and reversed, it not being in the j)ower of the commissioner to dispense with the teachers' having a legal certificate. And so much of said decisio)i as relates to the bill (;f said Cole, is lierehy confirmed, and the school committee of said town ai'e hereby requested to di-avv an order on the town treasurer of said town for the payment thereof, being forty-eight dollars and twelve cents, to said C(jle — or in case of said former trustees having paid the same to said Cole, then to said trustees. E. R. PoTTKH, Comtnr of Public Schools. Approved, Richakd W. Gukeni-;. C. J. >S'wp. Court. August 14, 1852. DECISIONS. DECISION No. 6. CASE OF SCHOOL DISTUICT NUMBER SEVEN, BUKIMT.TA'II.LE. 1. A district may rescind a vote order- ing a tax find postpone the payment of it. 2. A dintrict may Ijorrow money and jj^ivo a note. 3. Co.sts of suits in court against a dis- trict must be paid by the district. OJIice of Commisnoner of Public iScJwoh, ) Providence, Oct. 2o, 1853. \ In the case of the appeal Syria Sherman and others, from a vote of the school committee of Burrillville, passed August 23, 1853, ap- proving of the tax of $1,450, voted by District No. 7, in said town, for buildino; a school- house and other ex])enses. The ((uestion is presented wliether a district having voted a tax according to a particular town valuation, can rescind the vote, post- pone the ])a}ment, and hire the money upon a note of the district. I cannot see any objection to the right of a district to rescind a vote ordering a tax and postpone the payment of it. The object and effect may sometimes be to include ])ro})erty and persons afterwards coming into the district. Whoever comes into a school district be- comes a sharer in all the advantages of the school and district property. If by their coming, an addition to the school-house is made necessary, such new-comers or new property do not pay the whole expense of such addition : the former inhabitants and proj)erty have also to pay a portion, and sharing in all the advantages of former tax- ation, it does not seem unreasonable that the new pi'operty should also share in the burdens. In the present case the school-house was probably built larger than would have been necessary if it had not been expected that there would be an addition to the population of the district. Any creditor of the district wdio may be injured by such postpone- ment has a remedy provided by law. As to giving notes, a district has the undoubted right to make con- tracts lor certain purposes, upon which contracts they may be sued and the debt and interest recovered of them. A note given to such a contractor would be only additional evidence of his claim. And there seems to be no legal objection to the district hiring money of a third person to pay a just debt contracted for purposes authorized by law. This has been tlie construction always })ut upon the law in practice, and it appears to me sound. An objection is also made to costs and attorney's fees. The costs of court in a suit decided against the district must of course be paid DECISIONS. 89 by the district. And tlie reasonable charges of an attorney for de- fendino; tlie suit are jiroper to be allowed. But services rendered by an attorney to any ])eison in contests with other persons in the dis- trict about district business must be paid for by the person for whom they are performed. Objection is also made to allowance of comjjound interest. This could not be recovei'cd of tlie district at law, but I see no objection to the district's agreeing- to ))ay it, and [laying it if they see fit, as it would be in the power of the school couunittee to prevent any excess or abuse of the right. I therefore contirm the vote of the conunittee approving of said tax. E. R. Potter, Comni r of Public ^Schools. DECISION No. 7. CASE OF SCHOOL DISTRICT KUMBER THREE, NORTH PROVIDENCE. 1. School coinmittco may limit, thtir cor- tificatos, but general ceititi(;ates must 1)0 construed to tlicir plain purport. , School committee cannot d"logato the powor to annul a teacher's cer- titicaCo. Office of Commissioner of Vuhlic Schools, | Providence, January 8, 1853. ( Appeal of Mowry Randall from certain votes of the School Com- mittee of the town of North Providence, October 16, 1852, by which the bills of Anson H. Cole f(jr keeping school in District No. 3, amountuig to $122.50 ; Miss Hannah T. Smith's for -103 ; Miss Abby W. Thurber, for $31.50, were rejected. After several adjournments, the case was heard at tlie office of the commissioner of ])ublic schools, December 18, 1852, the committee having been notified, and Messrs. Sisson, chairman, and Willard, of the conunittee, being present. A part of the facts necessary to understand the case are stated in a former decision made Marcli 23, 1842. Mr. Cole had a certificate, general in its terms, and after the former decision continued to keep school in the same house, namely, the new or primary school-house. The conunittee contended that the certificate of Cole, general in its terms, was by their practice limited to a grammar-school, and that this practice was made known to the trustees by the sub-committee's letter of January 2, 1852, if they had not known it before. 12 90 DECISIONS. On coiisit]eration I adhere to the decision formerly made upon this point, that althoiioh. tlie committee have tlie power to limit their cer- tificates to particular schools, yet if they see fit to give a certificate of general qualification, it must be construed according to its j)lain pur- port, and to allow the written certificate to be contradicted or varied by any understanding not expressed on the face of the certificate itself, would be a dangerous practice, leading to e6ntinual misunderstanding and litigation. But it is further contended that even if the certificate be a general one, and would allow Cole to keep in any grammar or primary school, that his certificate was annulled by the sub-committee's letter of Jan- uary 2, 1852, ani)])r)Iiitc'(l hy tlic following v()t(>, passed October 1(S, 18r)2 : " VotiMl, tli.it. in llio ahseiu'c of the board, tlie eliairmaii and the secretary be se\erally authori/sed to order bills, appi'ove taxes, school remihitioiis, itc, lor the se\eral school districts, and ti'ansact all other bnsiness lej^ally tianslerable into their hands," a copy of which vote is produced, certiiied by J. II. Willard, clerk ol said committee. ]Iavinn; decided in a case between tlic^ same ])arties, tliat the com- mittee had no ri had full power to annul the certificate. Section 7 ol' the school law is as ibllows: "■ Any town may appoint or authorize its school commiltee to appoint a su|)crintendent of the schools of the town, to ])erform, under the advice and direction of tln' conunittee, such duties and exercise such powers as tlie coimnittec may assi;:n to him,"" i*v:c. It a|)pears that the town, in town mfetinLi;, -luue -), lvS,")0, "■ voted that the school con)mittee be anthori/,e(l to a])])oint an aoc-iit to visit the schools, at a compensation not exceedin*:; one hundred dollars, to be paid from the public school money," a cojjv of which is certified by the town clerk. There is no evidence on record of the a]i|)ointment of any a^ent or supei'intendent by the committee, but the certificate of the chair- man (Joseph T. Sisson,) and clerk, John II. Willard,) is offered to ])rove that on th(> iSlh ()ctober, KS.")1, (the same day on which the vote before ii'citcd dele^atino- po\M'r to the chairman and clerk was passed) the followini;' vote, or a voU" in substance as follows, was also passed: '^ Voteil, that John II. W'illard l)e superintendent of the jmblic schools of the town for the current vear, with the ])rivileo;e to employ, if necessary, suitable jjcrsons as substitutes, siu'h seivices to be compensated from the residue of the appropriation of $100 voted last year by the town for such |)nrpose." Evidence to correct or supply omissions in the records of school oflicers I think may pro))erly be admitted. In the case of clerks of districts, it seems al)S()lutely necessai'V, as they are often uuactpiainted with the forms of doin<4 business. In the case of a sch(>ol committee, however, the presumption is stronger that they are competent men, I)K(;IHI()NH. 93 a'nci will bo cnivfnl to sec tlint tlicii- record is well kc])!. \ rl (>vcn Mere town, it becomes uniu'cessary to notice I'urther the proceedings of the coiiiniittee. it mav be |)roper, however, l(t observe, that, t he snb- cormnittee who annulled the ct-rtilicale did not style liimseH' sui)erin- tendent, and that if he actually had l)een superinteiidint his proceedings woidd not lia\'(! needed any conlirmation b\' the c<)nnnittee. A considi'i-able part of tlie dilliculty ajipears to have arisen from mistake of the law, from not distinii;uisinn. CASK oi' s(;ii()()i, Dis'i'iiicr numiuck r\vi;i,vi;, iiiiKuii,i,vn,i,K. A votd of a Hiliool (listiii't. to l;i.\ rimiiot lie rcjHciinlrd iirtcr ;l IhwI'uI coiit met liiis Ijrrii iii.'uli; under il,. Ill tlic case! oCllic apitlicatioii of Sli'])ln'ii A. Salishury, late ti'tistoc of ScIkidI District No. 1"J, of lluirillvillc, I'oi- tlic assessment and col- lection of a tax upon said district. Tlic |iarti; at the district school-house, May 'J I, IS;"):!, called l»y notice issued by the coniinissioMcr, and |)osteiI, the district voted a, tax ol" thirty-Hve dollars upon the propei'tv of the district, in order to continue the district school three months, and the; tax was suhseipiently ap[)roved hy the com- mitttM; ol" the town. 'I'lie trnstei; employed a tca(dier and (;oimneneed the school on the 1-Uh Decend)er. Jan. I, 1(S.V!, several ])ersons a|)plied to the trnsteu to call a special Tneetin<2;, and a iu)tic(! was issni'il callinif a rneetin*^ to he, held Jan. 10. 'I'lie nicetin;;' was applied I'oi" " lor the purpose ol' considerinn; the present tax, as then- are j»ei'sons taxed, who live and are taxed on the same property in another district ; also ])ro|)erty in the distiict not taxed." The notice also s|)ecilie(l otiiei' ohjects, hut no notice was njiven of any pro|)osition to rescind the tax, nor did the recpiest refer to any such intent, nnhissit is implied from the fort'proved '■'• the plan lor scdiool- liouse to be erecti'd in District No. )>, a little south-i'ast of the W^enscolt I louse." it appears I'roni a ccrlilicate I'roni l*ili/a, An^ell, that she could only coUNc'V the lilt on the same (-(indition on which her brother had cou- vi'yed the old lot on which a house had been built by sid>scription, viz. : loi- a public school-house, " and also as a place ol |)ublic wor- shi|), ' and it was adliiilted that no Ai'rA hail been made and tin; district had accpiiri'd no title to said lot. It ai)pi'ars also Iroin llie statement and admissions of the parties, that- a. meeting' duly notiiied was held Au,u;ust 17th, to reconsider all action relating; to buildint^ the house, &c. At this meetinij; a motion was made to rescind the ibriner ])roceedinos, and, as declared by the moileralor the \'ote stood "1'2 to '2"1^ and the motion was declared re- jected. It is admitted thai li\'e who xoled for rescindiui;; and five who voted a^aillst il, had no riujlit to vote. It is contended that Asa ]V1. Allen, who \(iled lor rescinSV7/,(>(,/,s, ) J'rovidciicc-, I >(■(!(■ iiilicr "l"-)^ IcSAj. j In tlic case of tlio a|)|)i';d of Ie\vi.s M. Ilciton, I'l'oni a decision of tlic school connnitte(> ol' NoiMJi I'rovidence, hy wliicli llieir \dlcs were e.\(dnded iVoni the hsi of persons, who voted in a. district ineetinu, held in dislricl No. ;», town of North l*i'o\idence on the 17th of A(i;j,nsl, I Sf) I : A hearin;^,' was a|i))ointed lor !)ecendK'r !•, IcSJ)! ; ])arties were notified thereol'and a|i|)eared, and were heard lor and against said !i|)|>eai — and the case is as Idllows : Several niei'tin<;s, dniv notilied or adjonrncd, had heen held in said district previons to ,'\nii;nst IT, IS,)|, at, one_ot' which it was voted to raise -t;"),!)!)!) for hnildinji; a new scdiool-honse, raisin^' on(^ of the old lionses, and hayinj;' the did)ts ol' tliu district. At. another, it w.as voted to accept a lot oH'cred on certain conditions liy lOli/a An^'ell, and to apjirove jilaiis, iVc, for the school-honst'. A nuH-tin^' was subso- ipienlly ludd, alter dne notice, on y\\iij;nst 17, IcSiVI, to reconsider all prexions action relalini'; to the hnildnie', i^',c. At tins nieetiiii;; \Valtci" Sh.'irod presided; {{\\i\ a motion was made to rescind tiie lormer |tro- ceedinos, and, as declaicd 1)\' the moderator, the vote stood twiMily- twolo iwent\-tw(i, and the motion was de('lar('d lost. No voting- list liein^ pi'csenl, and there arising;' some donht as to the le^al ipiali- licatio)is ol" several who voted or clainied lo vote, it was a^i'eed by the moderator, and llu^ parties at the meetino', to snbnut the list of the \<)ters to the school connnittee of the town lor exannnation and coii'cction. 'The next day, tliei'elore, this list was snbmitted to tlio conunitliH', who, alter t'.xamininii; and compariiifj; tlu; naiiK'.s of these DI'ICISIONS, 108 who vnicd, as (•crliCu'il to tliciii hy llic clci'ls of llic disli-ict, willi the town \(»tiiii;' list, ami sti'ikin^- oil' tlm iiairu's of those cU'i'iiunl not legally (|nah(I('(l — six who voted lo rescind and six who voted not to rescind — (k'claii'd that the vole on '•'•the motion to rescind " stood yeas sixteen, nays sixteen, and that it was lost. Anion;^' those struck oir or not counted, wei'c Asa M. Allen, who vr)ted to rescind, and J*jd\v:ii'(l j*'inii;in ;ind Lewis lleat(tn, who \'oted against rescindinfj;. Mr. I'otter, the hile coniinissioner of jinlilic schools, d by Mi". Potter. Ita|)|iears in evidence that Lini^^in is a nat nralized citi/en, and ;i resident in said distiict ; that he has owned real estate sullicient to (|ualily him to vote since Septetidier I, 1 SfiO ; that his naturali/iilion j)a|)ers are dated March I, I Sf) I , and that he is taxalile in the town, and is liaMe to he la\e(| in the district I'or the honse in which he lives. It- was contende(l that, his nanu; not l)ein.L;' on tluMown votini;' list, lie coidd not, I'oi^ this reason, 1)(! allowed to \((le in district meetine's. The (|ualilications for votinji; ni district meet ino;s ar<' identical with those Ibr votin^j; in town meetings, with the same proviso as to votiui;- n])()li iiny ([uestion ol" taxation. (See act i^elatin;:; to public schools, sec. ^I'J. ) l)Ut i}\v. restriction which forbids the moderator to i^eceivo the vote of any one whose nanu; is not on llu; votin<;- list, (see act relatinn; to elections, sc^c. 12(), ) is not contained in tin; school laws, as a I'cstriction to voting' in disti'ict meetings. A moderator is there- i'oi'(! boimd to receive and count the vote; of a person who is a cili/-eii and a holder ol" real estate in a district, wliene\cr he has resided in it a snllicienl length of time, e\'en if his name is not on the voting list. Such i.s the opinion of IIk; late commissioner of |)ublio schools, as expressed in his comments on th(! school law at para^^iaph 1 1-5, and also in his decision dated October oO, IHM, i;iveii on tli(! case of Asa M. Allen, who claimed a ri^ht to have his \<)te restored, after it had been annulled by this same decision of tlu; school connniltee. In the case of Ileaton, it is testified, that he became of a^-e on the 2Hth of December, l^h-), that he holds undivided real estate to a sudicicnt amount, to (pialily him to vote, and that Ik; is a residens in said district. It is objected that, prior to August 17, ISAI, ho romovcd 104 DECISIONS. into Miissaclmst'tts, and llius lost liis citizenship in Rhode Island. In ()j)])()siti()M to this, it was proved that lie went into Massachusetts i'or a merely temporary ])urpose, and that he never intended to change liis abode, and that his estate, his busintiss, and his real home, i-emained in Rhode Island. It apjjcars to me that the princij)les which ought to govern in deciding questions of domicil or residence, as laid down by Judge Story in his Conflict of Laws, and (pioted in Appendix No. II to the Report of the Commissioner of Public Sidiools for 1854, would render Heaton still a citiztn and a voter in district meetings in Rhode Island, since his intention of only temporary removal seems plain. It is, therefore, my opinion that the votes of Finigin and Heaton ought to be counted as against said motion to rescind. The vote will then stand seventeen ayes, eighteen nays ; and the molloii is lost. The several votes of the district relating to building are tlierel'ore still unrescinded, and of the same force and validity as if such motion had not been made. No otlier jioints were made or argued in the case of this apj)ea], though I may add, there are several suggestions in the decision of the late commissioner, given October oO, 1854, which appear to me highly just, and deserving of the careful consideration ol all concerned. RoHKiiT Ai,T,YN, Comtiir of Public iSchools. ApproNcd. Geo. a. Bhayton, Justice of the /Supreme Court. December 80, 1854. DECISION No. 15. CASE OF 1-AYTON E, BEAMANS, A TEACHER DISMISSED UY THE SCIIOOI- COMMIT'rEE OF COVENTRY. 1. A idiU'luu" haviiif^' a county ('('I'liliciito couutcrNi^nud may bo disiniswod by school cominitteo for causo. 2. A tcachor, Jiaviiij;- 1)0(!U dismi.s.sud, cannot draw teachers' mouthy. In case of the appeal of Jason J. Potter, trustee of School District No. 5, of the town of Coventry, from a vote of the school committee of said town, whereby they refused to grant an order to j)ay the wages of Layton E. Seamans for teaching in said district ; a hearing: was appointed and took place April 1:^1, 1855, in the village of Washing- ton, in said Coventry, and the parties were heard. The following is a statement of the i'acts in the case as they appeared in evidence, iianudy : DECISIONS. 105 It appears that the afprenamed Lnyton E. Scamans, appli^'fl, in October or November, 1854, to tliis school coininittee for examination as a teacher of a public school, and if that examination should be satisfactory, for a teacher's certificate of qualifications, to teach the winter school in the abovc-nnmed District No. 5. The committee, however, as they had a lexamiuehini as to his literary (pialifications, ou the orrouud that they considei'ed his moral" qualifica- tions iiisutheient for the retiuirements of the law. Mr. Seumans then succeeded in obtainino- a county certificate from .lolui 11. Willard, Esq., a county inspector in Providence county, and also obtained the counter signature of the connnissioner of public schools ; both of these gentlemen supposing that no objections had ever been made to Sea- mans' moral character. With this certificate thus countersigned, Mr. Seamans entered the school in District No. 5, Coventry, as a teacher. He gave no notice of beginning to the school committee, neither did he in any way conform, or show a disposition to conform, to the rules of the said committee for the government or instruction of the schools of their town. On the 2(ith of January, 1855, the committee formally dismissed him from his school, on account, as they alleged, of his having fraud- ulently procured the above-nsuned county certificate, and non-compli- ance with their ri'guiations. Mr. Seanians, however, contiiuied his school to the close of his term, when the scliool committee granted him an order for the money to pay his wages Ibr tlie time [jfevious to January 26th, 1855, and refused to grant an oi'der for the time subsequent. It was from this refusal that the appeal was taken. The commissioner is of opinion that the vote of the school com- mittee, bv which ]\lr. Seamaiis wiis dismissed, was a legal and proper vo!<% and in accordance with the 54th section of the act relating to Pid)lic Schools, which gives to a school committee the power to dis- miss a teacher, by whomsoever examined, for just cause. Tlie cause w Inch they alleged appears to be a just and sutticient one. They had after this dismissal no right, according to the 21st section of the act above referred to, to grant any order to Mr. Seamans for services performed as a school teacher in any of the schools of the town, sub- secpient to the time when he was informed of the act of the school committee by which he was dismissed. The vote of the school com- mittee is therefore affirnu'd. Given under my hand at the ofTice of Commissioner of Public Schools, in Providence, this 26th day of April, 1855. 14 Robert Allyn, Comnir of Public Schools. ion l)Kf!TST()NH. DECISION No. 1(1. CAHK OK KMOR HMnil V. SCIIOOl, (;o,M M I'lPi;!'; Ol' HMrrill'lKIJ). Aimiilincnl- of Icachcr's citI ilicul-o. Decision oC (■(nimiissidiK r ol' public scliools in case of ajipcal of E. Siiiilli, I'l'oni a vole of llic school coiiimittiM! of Sniitlilield, annulling the ceilillcatc of Smith as teacher in said town. 'Ihe vote I'roni which this appenl Is taken was passed by the school conunittee on tliu liDth day ol .lanuai'y, IS;");"), and the appeal was received on the 'Ad day of I'ehruary, IH;').^). Notice was oiven to the p;niies that the liearinij; would lake jilacc^ on the lOth of h'eln'uary, anil on that day the case uas opene(l and the testimony in part heard. The lieariiiH' was then continiuMl from timi; to time by consent and agreement ol'p;irlies, and linished on liie llth of -lidy, 18;');). 'I'he facts necessary to a full understanding of the case, as they ap|)e;ired In testimony, are brielly these : Some time in .November, iSAd, lOmor Smith, of ( Jlocestei-, was hired by Sanuiid (Marke, Esq., trustee of the twenty-lirsi district, in Sniithlitdd, to leach the winter school in thiit district ; and (he b;irgain was, as is re(|uire(l by law, conditioned on Snn'tlfs obtaining a certilicate of (pialideation I'rom thi^ school conunittee of the town. Smith calleij on llar\('\' iiohnes, J*]s()., clerk of the school committee, to be examined, and not linding liim at homi', bi'gau his school on Moudav, DeciMuber 11, uiuler a cei'lilicate <^iveu him the pre\ ions year, and still wanting a week of its time of e\|)iration. On Friday, Decendier IT), llohues, in com- pany with \)v. II. W . King, chairman of the committee, in c'ompli- ance with the provision of tlu' s(diool law re(piiring the committee to visit each school within two weid-is of its eonunencement, called upon Mr. Smith in his school, and ibiuid it in vrry ^reat disoi-(U'i-. They were dissatisfied, lu'cording to their own testimony and that o( Mr. Smith and scholars, with the ventllallou ol' the room, with the mode of instruction and goveriunent, and with the general bearing ;uul man- m;r of the teachei'. ( )n S:ilnrday, the Ititli, tlu' old ci'rtilicate hav- ing expired, i\lr. Smith called on iM r. iiolun's and was i-\amined, and finally obtained ;i certilicate oi' (pialilications, to be gootl for one year, unless sooner aiuuilled. At tlu' tinu> of giving this certilicate, doubts were expressed by lloluu\s in regiu'd to SmitlTs ability to bring the school into ordei' :iud pi-o|)eiIy to instruct it ; and it was finally conchuled to give him tlu- op|)oituuity of four weeks' trial, at vvhi(di time Holmes was again to visit the school. Accordingly on the 12tli DECISIONS. 107 of January, 1855, Holmes visited the scliool again, and not finding any [jcrceptible improvement, immediately sent a note to the trustee of the district, stating that he had armidled Smith's certificate. But no notice of the; annnhnent appears to have been sent to Smith at all. Another teacher, however, was hired by the trustee. Smith appealed to tlKM'oinniissioner ol' pubhc schools, and a partial hearing took place on the 27tli of January; and on the olst, the committee faihng to appear, the act of Jlohnes was decided to be void, since in I'act no annulment had been made, nothing but a notice having been sent to the trustee that such annulment was made. The school connnittee of Smithfit'id, however, met on the 2!)th of Januarv, and by a unanimous vote j)roceeded to annul the certificate of said Smith, given him by Harvey Holmes, and dated Dec. 10, 1854, "for deficiency and want of qualification." it is from this vote that the appeal is taken, and in refei-ence to this that the folhivv- ing decisions are made. The first jmint made by the Hon. .). M. lilake, council for Smith, was that the decision reversing tlu? act of Holmes, made on the ;Hst of January, necessarily was conclusive! in this, and reversed it also. That, however, was clearly an illegal act done by a single member of the committee, to whom no such power to annul was ever dele- gated, — in fact, there is no evidence to show that Holmes ever wrote an annulment. Jle un(loid)tcdly supposed that he had annulled the certificate of Smith, but the contrary is clear ; and theriifoi'e the committee were at liberty to take original action in tlm case. It is their act that is to be examined on its own merits. And this can only be justified where it is shown that the circumstances of the case actually called for this course on their part. A second point made for the appellant was, that he had no notice of tlu! intention of the committee to aniud his certificate, and there- fore he had no o])portunity for trial and defence. It is believed, on this point, that the; conversation which passed between him and the examiner was notification enough that he was to have foui- weeks for trial and practical demonstration of] his ability to teach and to govei'u in the school-room. And this is a better foi-m and motle of trial than can be had elsewhere. Jt is therefore decided that such a trial is sufficient, esj)ecially as the teachcM' always has an appeal, where it can be examined whether the trial in the school was fair and suflicient. The points made by A. Meggett, Esq., council for the committee, were two. ]. That Smith was not qualified in literary attainments for the office of teacher ; and, 108 1)K(J1H1()NH. '2. Tliiit \n\ lailiMl to c()in])ly witli lli(> rcrrulntions for tlio schools of Siiiillilii'M in.'uli' liy llic scliool coiiiiuitlcc, niid lliat he IhiltMl to impart iiisl ruction and to ^oxcrn in a |. roper manner his scliool. ( )ii the hrsl of thcsi; jioints, lh<' connnissioner does not leel Ixiund to <4o l)ai'k of tlie certilicale ol' the conunittt'i-. 'I'hcy, or their (derk, f^iivo him a cerlilicale in proper I'oian, iimK'r their oath, mIUm" (hu' ex- amination and consideiation ol" the circumstances. It must, there- lore, he h(dd that lie was (piahlied, at K'asl, to make trial ol" his skill ill the s(dHtol-rooni. 'I'he case, then, nuist turn whollv on the (pieslious, whether oi" not Smith did conipiv with the i\'_ij;iiIations of tin; school committe(>, and whether he did reallv properly instruct and ii;ovei'u his school. Tlu; teslimon\ on this point was lar^'c in amount and conllictini:; in char- acter. r>nt these lacts appear (di'arlv to he pi'oved hv tlu; testimony of the school conniiitte(>, the allidavits ol' two visitors, hy tlio state- ment ol'Smith himself, and I y the alli dutv imposed upon them hy the law and hy theii' oath ol" ollice, and their act ol" annnllinti; the certilicate ol" the said Smith onj^ht to he sustained. And said act is accordingly hei'c- hy allii'nuMl ; and the cerlilicati' ol' (pialilication as leaidu-r in tlu' com- mon or piihlic schools ol" Smithlield, eiviMi hy Harvey Holmes, clerk ol' the school committee of said town, to l.mor Smith, of Glocester, and dated \)cr. U!, 1S,)|, is declared to he ainmlled from and after Jan. lii), IS;-);"). (Jiven under my hand, at the ollice oi' C\)nnnissioner ol" I'uhlic Schools, this li4th day of August, IS;");"). RoiU'.ur Ai.i.YN, ('o)n»t''r 0/ J* al>lio /Schools. DFX'ISIONS. 109 This decision was, by request of the parties, submitted to Chief Justiee Stajiles^ and ou Sept. 2l!, (Wecbu'sday,) the annexed note was received from him, and at his retjuest is appended. li. A. Itohcrt Allyn^ Connnissioncr of Public /Schools : Dkah Sir, — I iiave attentively examiiu'd your decision in the appeal of Emor Smitii against the school committee of Smithlield. As a njt'iieral rule, a teaeluu- ought to have an o|)portunity to be heard before his certificate of (pialihcations is annulled. Such a certificate confers on him the rit^ht to be employed as a teacher of a public school. The annulling' of it takes from him that ri<»;ht. When, therefore, i)roceedinainst him. Very respectfully your ob't serv't, W. R. Staples, Chief Justice iSup. Court. Wednesday morning. DECISION No. 17. PKTITION 01-' KMOK SMlTli FOR RKIIKARING. Rehearing' not possiLlo uttca- iii)i)rov;il by u jud;j;c of tho Ka])r(:ino court. Office of Cotnmisnoner of Puhlic /Schools, I Providence, Oct. 18, 1850. j Opinion in the matter of the petiticjn of Emor Smith for a rehear- ing of the decision of the commissioner of public schools, on his appeal from the school committee of Smithfield. Upon reading anil considering this motion and petition for a re- hearing, it appearing that the matter of said appeal had been decided 110 DECISIONS. by me as commissioner of public schools, and that a statement of facts, at the request of the petitioner Smith, was by me laid before Hon. "William R. Staples, late chief justice of the supreme court, and was by him approved, — all which facts are recited in said petition, — I hereby decide to dismiss this motion and petition for reconsideration of said decision, upon the ground that the aj)proval of the decision in said appeal by Judge Stajjles being made by law final, I have no power or jurisdiction to rehear or reconsider the same. Given under my hand the above day, Oct. 18, 1856. Robert Aixyn, CornmW of Public Schools. OPINION OF HIS HONOR CHIEF JUSTICE AMES. Jurisdiction and duties of the Commissioner of Public Schools. In the matter of the decision of the commissioner of public schools in case of the appeal of Emor Smith from a vote of the school com- mittee of Smithtield annulling the certificate of said Smith as a teacher in said town. This is a motion or petition for a reconsideration by the commis- sioner and the jndge of the above decision, on the ground that the decision of the commissioner reported to the Hon. William R. Staples, late chief justice of the supreme court, on the 24th day of August, 1855, and approved on the 26th day of September, 1855, is not valid and binding, because the commissionor did not report a statement of the facts as they were sworn to or admitted, but instead thereof re- ported as facts his own conclusions upon the testimony; it appearing from the petition of said Smith that " he insists that there can be no final or binding decision, until a statement of the evidence shall be made to the judge," for reasons by him in his petition set forth. The 65tli section of the " act to revise and amend the laws regu- lating Public Schools," provides, " that the commissioner may (and if requested on the hearing of either party shall) lay a statement of the facts of the case before some one of the judges of the supreme court, whose approval of such decision shall be final." If, then, in the matter of this decision, upon such request, a statement of the facts of this case, in the sense of the statute, has been laid before one of the judges of the supreme court, and the decision of the com- missioner has been by him approved, this " approval " is, by the very DECISIONS. 1.11 words of the statute, made final, irrespective of the merits of the decision approved. The " appeal," in other words, in the civil law sense of the term, and as it is used in our statutes, that is, a rehearing of the whole cause, matter of fact as well as law, after it has been decided by a competent tribunal, is expressly- given by the first words of the section of the school act above referred to, to the commissioner ; and the section provides that his decision upon such appeal shall be final, if the commissioner, u])on the request of either party, shall " lay a statement of the fticts of the case " before one of the judges of the supreme court, and he shall approve the decision. The purpose of this last provision was, undoubtedly, to give to the commissioner and the parties the aid of such a judicial officer in matters of law, and to secure, as far as conveniently practicable, by an uniform construction of the act, an miiform system of legislation upon so important and interesting a subject as the discipline and government of our public schools. The document annexed, entitled " Decision of commissioner of public schools in case of appeal of E. Smith from a vote of the school committee of Smithtieid annulling the certificate of Smith as teacher in said town," signed by Robert Allyn, commissioner of public schools, with Judge Staples' note to the commissioner subjoined, approving of the commissioner's decision, with the original petition of Emor Smith to Rev. Robert Allyn, commissioner of public schools: " In the matter of Emor Smith's appeal from the school committee of Smithfield, embracing forty-one pages, together with the decision of the said Robert Allyn hereunto prefixed, dismissing this motion or petition for reconsideration for want of jurisdiction, have been laid before me, according to the request contained in said petition, by the said Robert Allen as commissioner, for my appi'oval, and I do hereby approve of his dismissal of said motion or petition, on the ground that he has no jurisdiction to entertain the same." The document entitled " Decision, &c.," is, in my judgment, " a statement of facts'' by the commissioner in the sense of the 65th section of the school act, although it is not, as it is aver'-ed by the petitioner that it is not, a statement of the testimony or evidence by means of which the commissioner ascertained the facts which he states in it. " A statement of facts " from testimony or evidence must, from its yery nature, be the conclusions of the officer entitled to make it, from the testimony or evidence which he has heard ; and the distinction between such a statement and a statement of the evi- dence or testimony upon which it is based, is too well settled in legal practice and parlance to require illustration. Whether the conclu- 112 DECISIONS. sions drawn from tlie evidence or testimony by the commissioner were legitimate or not, is a matter whicii the law does not, in my judgment, confide to the Jndge, but solely to the commissioner, who alone hears the appeal, Hstens to the witnesses, examines the evidence, and arrives at the conclusion of what are " tlie facts of the case.'' No power, no means, are, in my judgment, given to the judge to examine into these facts. It is the duty of the commissioner, under the law, to decide what the facts are, and to lay a statement of them before the judge, with his decision upon thein, and the sole office and juris- diction of the judge is, upon such statement, to approve or disa])prove the decision of the commissioner. This is not only j)Iain from the words of the act, but is to be infV'rred from the natiu'e of the facts to be ascertained, the good or ill discijtline of schools, the fitness or unfitness of teachers to instruct or discij)line scholars, and the like facts, peculiarly fitted to be ascertained from evidence by the com- missioner, but whicli tlie judge would ordinarily have no such pecu- liar qualifications to ascertain. The jurisdiction of courts and judicial officers over visitors of col- legiate or academic bodies, whether at the common law, or as mcasiu'ed out by statutes, is ordinarily of tlie most liiuited character, both ill England and in this country, and for the very reason, that, beside the fact that the visitor is presumed to be selected by the founder or the State as best fitted to judge in matters of collegiate or academic (liscii)line, his power is, as said by I^ord jNIansfield in the celebrated case of The King v. The Bishop of Ely, (1 Wm. Blacks. Rep. 82, ) " certainly very convenient for these learned bodies. It is forum domesticum^ calculated to determine sine sircpitu all disputes that arise within themselves : and the exercise of it is in no instance more convenient than in that of elections. If the learning, morals or proprietary qualifications of students were determinable at com- mon law, and subject to the same reviews as in legid actions, there would be the utmost confusion and uncertainty; while he who has the right may possibly I)e kept out of the ])rofits of what is in itself but a temporary subsistence.'' Accordingly, upon subjects within his jurisdiction, it is the well settled doctrine of the general law in England that the sentence of a visitor is final and conclusive ; nor can the King's Court, in any form of proceeding, either directly or collaterally, review the sentence. The action of the courts in such cases is confined to inhibiting him from j)roceeding beyond his jurisdiction, taking care, where the gen- eral matter is within his jurisdiction, not to anticipate his own judg- ment as to his jurisdiction to do the particular act which he is called DECISIONS. 113 u])on to perform. It litis even been held, that, where a visitor has actually executed a sentence of expulsion, th()un;h he may appear to have exceeded his jurisdiction, a mandamus will not lie to restore the party expelled ; for that would be to command a visitor to reverse his own sentence. See Angell and Ames on Corj)orations, 5th ed.i sec. 693, pages 750, 751, and cases cited. And where, as is some- times the case in this country, power is given by charter or legislative act over the sentence of visitors, it will be found to be confined to matters of law — such as. Have they acted contrary to the statutes of the foundation, or. Have they exceeded the limits of their Jurisdiction ? As an instance, see Murdoch's Apneal, 7 Pick. 320, 321. The jurisdiction of the school commissioner under the public school act, by way of appeal from the decisions oi- doings of school com- mittees, district meetings, ti'ustees and county inspectors, is, looking to the subject, nature and manner of its exercise, rather a visitatorial power, than that of an ordinary legal tribunal, — and the power of the judge of the supreme court in the matter of such an aj)])eal is limited, precisely as might have been antici])ated from the universal course in such cases, — to the mere apj)roval of the decision of the commissioner upon his statement of the facts. It being admitted by the petitioner in his said petition that the de- cision and statement of facts of the commissioner in the matter of this appeal was laid by the commissidner before Chief Justice Staples on the 24th of August, 1855, and that the said decision was, by said Chief Justice Staples, then one of the judges of the supreme court, approved, — and it ai)pearing to me that the statement of facts sub- mitted to said judge, was such a statement of facts as is required by the statute, and that his approval thereupon of the decision of the connnissioner is final, — I therefore approve the decision of the com- missioner, that this motion or petition for reconsideration must be by him dismissed for want of any jurisdiction in him alone or in him conjointly with a judge of the supreme court, to rehear or reconsider the decision so approved. After such a decision and ap])roval made, neither the commissioner nor Judge Staples, if the latter were still in office, could rehear or reconsider the matter of the same, no matter how erroneous such decision and aj)])roval might be. Much less can the commissioner, with another judge of the supreme court, or subject to approval of such judge, whether then in office or succeeding to the office of Judge Stajjles, reconsider and rejudge his apj)roval. Samuel Ames, Chief Justice Sufreme Court of R. I., ^c. Providence, October, 20, 185G. 15 114 DECISIONS. DECISION No. 18. QUESTIONS «Y JOHN H. CROSS, ESQ., OF SCHOOL DISTRICT NUIMBER ONE, WESTE'rLY. 1. Tax may l)o votcil, l)ut. cauiKil, Ik* collected ■without the apinoval ol'tlir seoool coiniiiiltoo. 2. Eato Lills a))i)rove(l by the .school comniittoo will remain in t'orco till Kliccially rt'jicalcd. •i. Mvcry (liNtrict, mcctiiif^ has a right to adopt its own rules of order/ and the model iitor can only veto as other voters do. OJJicc of Commissioner of Pnhlic Schooh, ) Provi'Jnici', June ii'2, 1855. ) No. 1, "■ I.s n district aiitliorizcd to lay or collect a tax without tlie apjji'oval of tlio school coimnittoe ?" Answer. 1 think a district may vote to "lay" or levy a tax, — in- deed, as the district must first act, it is necessary that they shall so vote, hef'ore the school connuittee can a]>i)roA'e. The district cannot collect a tax which has not hvvw appi'inrd by the .s'chool committee. But iMr. I'otter has decideil, in case of District No. 14, Suiithtield, and his decision was approwd by Judoe Greene, that " althouoh it is jirudcnt to pi'ocnre a tax to he apj)roveil hy the school conuuittee hetore any leoal proceediiio[s are had under the vote, yet it is sufficient if the tax be approved before the warrant is issued to collect it.'' Your second query is similar to this, and my reply to that will finish this point. No. 2. " Has any vote of a tax hy a district any legal force, until approved by the school committee?" Answer. I think not, so lar as the law is to be used in collecting it. But it may be said to have legal ]'orce in a cei'tain sense before the school committee ajiprove or disapprove. The collector cannot have legal authority to collect it till approved, and hence it cannot be a tax in the full legal sense without the approval of the school com- mittee. No. o. " If a district has voted to su|)i)ort its schools, by rate bills or tuition fees, and has fixed the rates within the limits prescribed by the school law, and the school committee has approved the vote and the rates, and if saiil district should afterwards vote to support the scliools entirely by a tax upon the ratable property of the ilistrict, would not the former v(Ue continue in force until the latt(U' shall be approved by the school committee ?" DECISIONS. 115 Answer. In case of a district wliicli h(\(] established a rate bill which had been apiJi'oved by the school coinniittet; and did not repeal this rate bill at the time of voting; to sui)|)ort its schools by tax, I ain of opinion that the approved rate bills would remain in force in case the committee should disapi)ryve of the tax on the pro|)erty, and I think they could be leo;ally collected. In case the district had voted to abolish the rate bills, that vote would of course hold (i;o()d without the a])proval of the school committee. The only point of doubt is as to whether a vote to snjiport schools by a tax on property neces- sarily repeals a rate bill beloi'e the sc1k)o1 committee approves. I ouoht not to decide this vei-y difficult matter without arfrument heard in the specitic case. But I incline to think it does not so repeal a rate bill until the connnittee a[)j)i'ove, after that aj)proval of course the rate bill is repealed. No. 4. " Has not a disti'ict which has adopted no special rules of order, the leojal rinht to reconsider a vote passed at any previous meeting, whether adjourned or dissolved, and will not its action directly upon the reconsidered vote be valid ?" Answer. Oui' school law makes every district a corporate and not a legislative body. It may therefore adopt its own rules of order. And the law is not very particular as to any prescribed foruis. Every motion or every point of oi'der raised in a district meeting would be debatable, and I think from a little reading that all ])oints of order should be settled by vote. The law gives to the moderator of a dis- trict meeting no authority to decide points of order, nor to give a casting vote. He can only vote on the same conditions as the other citizens of the district vote. This point of order, then, must be de- cided by vote, and all such votes, however unparliamentary in legisla- tive bodies, would, I think, be valid. Yours, &c., RoitERT Allyn, -Comm^r of Public Schools. DECISION No. 19. CASP: of JOHNSON AND CARD VS. SCHOOL COMMITTEE OF WEST GREENWICH. A tcachei- without a certificate of qualification cannot draw public money. Office of Commissioner of Public Schools, | Providence, April, 21, 1855. \ In case of the appeal of Ezekiel T. Johnson anll<' >S'r/i(i(il». l)KC;iSi()W No. l!0. ('AMI', OK sciiooi, Dis'i'incr i\'iii\iiii",it I'.Kiiir, Noitrii i-kox ioiinci;. (■y'diimiiHsioiiiir ciinncil rniiiiinl IriiMtnuH to j^'i'iuil. ii. wiirnuit I'oi' tlui rulliu'l ina (if n tax, mill iiiiiNt. not iiilorl'iM'O Id iicrforni tlicir duties. |)e<-isioii npon llie jietilion el' sniidr\' ta\-|)a\(M's in School l)istrict. No. S, North Trov idenci', askini;' lor the collection of halaiici- ol" lax le\ icd in said dislricl. Tlu' case presenti'd is as follows: A tax was Noted Novendier lil, 1H;V2, lor linildiu^ a schooMionse in School District. No. S, of North l'r(i\idence. It was also \(>le(l to hoirow the money \\ilh which to liiiild, ami the amount to |ia\. hoth principal and mleresl, was ordi'rcd to he assessed npon the ratahle pi'operls of the district accoi'diiio- to the next (own \ahialion. 'The mone\' was horrowed, ihe tax assessed and |»arllv collected ; and the commissioner is now asked to appoint a. eollectttr and to issue a warrant to collect th(^ halaniH'. 'The hearing;- was appointed lor Septemlier ^Id, and was then ail- journed to the (»th,at which lime Messrs. Hayes and flencLs appeared as counsid lin' (iieori;e M. IviidnniMid, a lax-])aver in said district, opposed lo the oltjectors, and J . II. W illaiil, lor I he petilionei's. Alter consideralion the eonunissionei' sid)niits tlu' lollowini^ :>s l»is decisioji on the (pieslion of iinisdiction : It is seriousU' tlouhted whether, under the torty-sixlh section ol ihe school law, — the sei'tion cited as ^ivin^; all the authority omt the case, -the commissioner lias power tot)rd.>r and iMdorce the collection ol' the halance ol" a tax leij;ally voletl, approstd, assessed, and partly ])K(;iSIONS. 117 collected by a district under the ri commissioner ot" puhlic schools shall lay his decision hefore one ol'tlu' Jnd^es of the supreme court for his ap])rov;d. In reference to the vote of the school committee hy which tlu-y refused to gi'ant any portion of the puhlic nioiiev to School District No. 8, since October, iSf);*), the conunissioner is clearly of o])ini()n that till' act upon which tlicN' claim to_i;ronnd their refusal, can l)ear but one construction, namely : that the pid)iic money shall he paid to support tlu^ puhlic schools kept in tlu^ proprietors' school-house on the north side of the stieam, until ()ctol)er, l.Sf),"), and till the conteui- plated new school-house is huilt on or near Carr's corner. The dis- trict appears to have attempted u o;ood i'aith to cany out the ilesio-n of the act of the ot'nei-al assembly to build a school-house, and to tills end they ])assid the ni-cessary votes and elected a building com- mittee. This committei' also appears in ^ood fiith to have submitted plans and specifications of a school-house to the town's committee as the law reipiires, and 1)\' the failure of this committi'c to act they were prev(>nted entirelv from accomplishino- theii* desij^n. Had the town's committee disa|)proved these plans, an appeal mi<;ht have been taken and their decision could have- bei'ii reviu'sed. But as they ueo-- lected to act, the intention of tlu' district was completely frustrated, without any faidt on its |)ait. Tlu> connnittee of the town may have acted and probal)ly did act wilhout intention to frustrate the (lesii<;n of the law ; but it neirlected its plain duty in the case, and if the statute cited wei-e even differiMit from what it ])lainly is, it ou(j;ht not to take ailvantage of its own )U'ut by the ne^rlect of the com- mittee ill this case, and by their retaining tlie |)lans, the building committee were totally ])re\ente(l from carrying them to the commis- sioner, who properly has no oi-iirinal jurisdiction in such matters. The commissioner, therefore, decides that School District No. 8, is justly and legally entitled to the balance of its true proportion of the public school or teachers' money, and the said vote ot the school committee of West Green vvii*h is hereby ileclared to be reversed ; and the said committee are hereby commanded to draw an order on the town treasurer ol'said West Greenwich for the said balance, viz.: tifty-one dollars and seventy-three cents (-151.78) now due to said district. In reference to the second ])art of said ap])eal, which asks that the commissioner would i-evci-sc the act of the committee of said town dividing the public school money equally among all the districts of thc! tow 11, the commissioner decides that he can afford no relief. The general school law does indei'd expressly state that the one-half of the money given from the general treasury for public schools in any town shall be divided in proportion to the average attendance of scholars in the se\x'ral schools of the town ; and the other halfefpially among the several tlistricts. But it does not s])ecify the manner in which a town may divide the money raised by its own vote, and that arising from the |)ayment of registry and military taxes. It was given as the opinion of the late commissioner, lion. E. II. Pott'M-, that towns are at liberty to divide this according to their own pleasure, so that they use it judiciously for the good of their schools. It may follow, therefore, that a town may s(j divide its own money and regis- try and military taxes as to make up the inequalities m the sums payable to its several district^}, that would arise from the legal division of the State's money. And as the usage is oi long standing thus to equall; lo pn.y a part of said tax. Decision ol" commissioiuM" ol' |)u!i!ic scliools in caso of a])])(':il of Dan- iel S. iMowrv and otlicrs from certain voles declat'cd to he |)assed at certain niei'tinos ol" the voters of School District No. 7, Biirrillville, lu'ld on March 'J*.), ISot), and continued hv adjournment to May 12 ISf)!), and also on the first Monday in May, 185(!. This appeal was received at the olHce of the commissioner on May 10, is")!!, and the time of liearinij; was fixed for the 2lid of May, at which lime llu' parlies appeari'd and the case was continnt'd to .Inne lli, IS,")!!, whi-n it was hearil, and the followino; are tlu' facts as they were snhstantiallv a<:;reed to hy the pai'ties, namely: In IS;")'), a tax was assessed in District No. 7, Hnrrillvillc>, for the purpose of hnildino- a schooldionse, or payini:; for a school-house thi'ii lately luiilt. A part of this tax was collected, namely, the sums respectivi'ly assessed to Smith Aldrich, .flO.OI ; A. Bowen and wife, la.im; Stephen (dark, f|21.r)(;; Jos. O. Clarke and wife, -li^l^.H ; Walter T. Harris and mother, ^^I.ol ; P. W. Hawkins & Co., $ir).|0; Alvah and Russell Mowry, *10.7S ; Alvah Mowry, !|12.70 ; D. S. Mowry,*22.0! ; lMud)e Mowry, x2.:'.l : D. Smith, Jr., ,f 21.5(1 ; S. Wood, *2l).2r); (). Youuiis, .t2ti.i>4; S. II. Youn,os,$l.r)4 ; S. A. Aplin, -tl.T)!, amoinitini!; in all to -1^220. Oo. This tax was, when these sums hatl heen collectinl, declared i)v the late commissioner of |)ul)lic sclu)ols to he illegal, and tlu> tax was ordered to l)e reiissessetl in Feb- ruary, iSf)!. ()f this rejissessment, the ahove sums were coimteil as ])aid, and the lollowini: smns were |)aid additional, namely, the assess- ments made to , John and Wm. r>. Adams, $8.85 ; Stephen Brown, s in the assessment of this tax, the col- lector refuseil to procet'd and collect tlu' halance, and this sum of $801). 30 has since remained in the hands of the treasurer of the district. PKCISTONS. 188 As tlio district w;is o\vin<:i; sovoral sums of inoucv to siuulry por- soiis, !i nuM'tinn; wns lo^allv (mIIciI on the 'JIHli tl;iv ol' Mai'cli, iHf)*), and was contiinicd hv adjournnicnl to April llltli, IS;')!*, lor llic \)\w- |)osi' of ])a\'inij tlu'so drhts. At this (irst, nict'linn' it was voted or (U't'lari'd to ho the vote ol' tlic nu'ctino- to pay llii' di'hts ol" the dis- trict witli xho ahovo-iianu'd money in the liands of ihe treasur(>r. I^'rom this vote an a|)|>i'al is taken, and it is claimed that no persons have the rii^ht to vote on questions concerning; the disposition or dis- hursement of this money except such as ha\e |)aid a portion of it. The connnissioner decides that the school law (Iocs iinpri'atively ])rohil)it any person I'rom votinj;' on any (piestion concerninii; taxation, unless he has paid oi' shall hr liahle to |'iiy, a portion of such tax ; and on exannnation of the names of persons who xoted lor and against said motion to pay the dehts ol" the distiMct with this mone\', he (inds that no person so having' jiaid a portion of said tax, xoted in the allirmative, and that li\c persons so haviuLi; paid a jiortion of said lax voted in the nei;ati\i'. lie thcrelore dcciari's that thi> motion was lost. /Vt the adjourned meeliiin' held oil the I'Jlli of /Vpril, it was mo\'ed to rest'ind this xole declai'e(| jiasscd at the iiiertiii<^ ol' the? 'J'.MIi ol" Mairh, l>ut as that was not- carried lei^ally, the resciiidin<;- could have no elU'ct. At a meetinj;- held on the lii'st iMondav ol Mav, iSTilI, it was move(l and seconde(l '' that the money that was collected in 1858 and IcSoJ i'rom the ratahle property ol" a portion ol' the tax-payers in this dis- trict, and |.aid into the trt-asury, he paid hack to those from whom it was colh'cted." 'This motion was voted on, and, on an examination of the naiiu's ol" the persons votinjj;, the coimnissioner linds that nine oidy had a ri^ht, undei- tin- school law, to voti' ; and that of those votin*^ in the negative, none had a, rii^ht to vote; aii second point, whether the; clerk could leo;ally order bills of this kind, the connnissiorn'r is clearly of o])inion, in accordance with a decision of the late connnissioner, lion. E. 11. Potter, that the clerk has no ])ower whatever to do any act that is discretionary with the couunittee to do oi- not to do. It is a well settled ])rinciple that such a body as a i-chool cduimittee cannot deleoate to any one of its servants any discri'tionary power. It may, and indeed will, often find it necessary to (leleut inasmuch as it is a jiointthat may be of nuich practical moment, it is thought best to give an opinion on that also. It seems manifest from the law that it was not intended that a school connnittee should hold office beyond the time of tlu; ap|)ointment of othei' pei'sons in their place, not the (pialilication of tln'ir successor in office. The 8th section provides for the election of a school ct)m- niittee by the town at its animal meeting, but the town council may appoint the school connnittee if the town fails to do so, (see Digest, J). r>U2, section 5 ;) and the filling of vacancies is committed to the boai'd of school connnittee by section 18. Section ()o declares that all school oflicei's shall hold ollice till the next annual idection or ap- pointment for such ofiice, and until other persons are apj)ointed in their places. And it provides that if any one neglects to take the engagement, he uiay be fined one dollar; but all acts of such officers OECISIONS. 187 otherwise lawful shall bo valid fi'oiii the time of their election or a|)|)C)iiitineiit, iiotwithstandiiii^ such neglect. And this \iew is still fui'ther strenn'theiird hy the l;ht decide to remove the old hoaid, but bv two nu'inbers of the new board simply declim'nn- to lake; the oath, the miijoritv of the old board would hold over. It cinuiot, thei'elbre, be supposed that the law means any thinn- other than what it plaiidy says ir. sec- tion ()f5, that the election or a])poinlmciit of another persou in plac(* of an incumbent in the office of a school committei' docs necessarily terminate the official term of that incund)ent, without waitiui*; ibr that successor to take his eniianc'iiient. In a case of so much im- ]»ortance as this, nothinij must be presumed that is not specially said in the law ; and as this lavv does say appointment and not enoan;e- ment, it must l)e held that the apj)ointment of a new coiiunittee does terminate tiie term of the old. A school connnittee shoidd then.'fore on no account assume to trans- act any business after their successors are chosen. And if they ouifht not to do this, how miudi stron<);er is the reason why the clerk should not attempt an act which lies iu)t at all in his power at any time, but is discretionary with the full board of the connnittee? The act of John II. VVillai-d, above recited, is therefore hei'cdiy de(dare(l to ha\'e been wholly illenal, and is thereibre de('lared to bo void. Given at the office of connnissioner of public schools, in Provi- dence, this hi]\ day of July, A. i). 18.")(>. RojiioiiT Aj.i.yn, Comrar of Pahllc Schooh. DECISION No. 28. CASK OF SCHOOL DISTRICT NUMBKU SEVEN, TOWN OF WARWICK. Lcgalitj' of giving a district tax to a town collector when there is a district collector duly ai)point(!d and (luulified. Q(S. " By a vote of School District No. 7, of Warwick, R. T., the undersi»j;ned were appointed a connnittee to sid»inil lo the commis- sioner of public schools the question of the legality of puttini/; the 18 13« DECISIONS. collection of the district tax into the hands of tlic town collector, toi^etluM' witli tliii rcL'oi'cls oi- a copy thereof of the |)roc{H'din;j;s of the last annnal nu'etinji; and of all suhsccpuMit inrctin^s. 'I'hcy now ask leave (o present their ease hy testimony and ai-^nnient, and ask that the derision of the eoininissioner when niaih-, and a statement ol" the facts as in evidence, shall l)e laid hefori; the chief justice (jf the snpremc conrt, for his appi'oval. 'l\t the Commissioner of i'nbhc Schools. II I'.NiiY L. Grkknk, \ W'u. H. Si'KNCKU, > CoinmUtee. James P. (iaiidnkh, ) Providence, R. I., Octoher IT), isr)!!. Office of Commissioner of Public SchoM^ | Providence, Oct. 17, 1S5(). \ U]ion the qnestion above recited, and npon the evidence ]iroduced on the hearinn- of the same before nie, I decide, that, aecordin;j; to the .")7th section of till' act relating; to pnl)nc schools, '•'• any (hstrict may vote to place the collection ol any lax oi" rate bill in the hands of the collector of town taxes," notwithstandinii; there be a district colK'ctor ; and 1, lia\inii; l>een satisfied 1)\' evidence^ that a vote to that ellect, has been passed at a reonhir district meetinu; of School District No. 7, of the town of Warwick, decide' that the collection of the tax in question inay be legally confided to the collector of town taxes of that town. Given under my haiul the day above named, Oct. 17, IHoC). Roni'.K'r Ai.iA'N, Comni'r of Public /Schools. U|)on conference with the school commissioner, and a statement of the i'acts in the above matter by him laid before me, I approve of the above decision. Samuel Ami';s, Chief Justice Sup, Court. October 17, 18CG. DECISIONS. 1 '^9 DECISION No. 2iJ. CASE OF JOSEPH CKANDAElAs Ari'EAl- FROM ACTION OF TRUSTEES OF SCHOOL J)ISTRlC'l' NO. 2, EXETER. AVhcro liuid lying in two district.s is asHOSsod in ono parcel by town assossoi's, trufitocs of a school district liavu no right to asMc;88 itw value, iiiid must call on a town assessor. Stateiiu'iit and decision ot" commissioner oi' public schools in case of the appeal of Josepli Crandall, of Richmond, from tlie action of the trustees of School District No. 2, of Exeter, in assessing; a tax ibr repairino- the school-house in said district. This aj>peal was made to the couunissioner of |)ul)lic schools on the 14t]i of February, 1857, and was ti'ied at iJichmond, on the lOtli day of March, 1857. The ai)pellar.t was heard i)y counsel George II. Oiney, and the trustees by counsel Isaac Greene. The facts as ascertained b}' the commissioner, arc as follows ; and they are reported to Hon. Chief Justice Ames, for his opinion on tiiem, at the joint request of the parties, namely: On the rAhh day of Aujrust, 185G, at a legal meeting of the voters of the above-named district, it was voted to assess a tax of -f 150 on the ratable property of the district. This tax was assessed during the month of November, 1850; and on tlie 7th of P^'ebruary, 1857, the trustees issued a warrant to collect it. Among the persons taxed for real estate, was Josej)h Crandall, who is owner of two farms in Exeter, one called tlie " Rathbun farm," lying ou the north side of the so-called " Ten-rod roa I ;" the other, c-alled the " Hazard farm," lying adjacent to the Rathbun farm, but on the south side of the said road. This road divides the tw(j dis- stricts No. 1 and No. 2, — the latter being on the north, and of coui'se including only the Rathbun farm. It api)ears that a part of the Hazard farm adjacent to the Rathbun land has for several years been- rented with tins Rathbun farm ; and as the tenant was to pay road taxes, it has been by the town assessors taxed or valued in the same parcel with it. The tax against which complaint is made was for this parcel of land, which, on the assessors' book for 1855, the book by which the trus- tees were governed in their assessment, was called the " Rathbun land," and was valued at •'it?900 under their rules. The sum assessed was $12.80, 140 DECISIONS. 'i'lic !i|)|i('ll;iiif cliiims tlint this pjirccl of liind, so vnlticd at -1000, inclu of the "• Rathbun land," th)es in- (hide the value of a part of the " llazartl farm," which lies without the boinids of this District No. 2, and which, in his opinion, ought not to have been taxed. As this is one of the cases specially provided for in section 4<), above referred to, in w Inch a town assessor ouiiiil to have been called in to api>ortion the \alue of the land thus situated in two adjoiniiii:; tlistricts, and as the tax was assessed by the trustees insti'ad of the assi'ssor, contrary to the requireujents of the statute, the commissioner is of opinion that the tax appealed I'rom was illei^ally assessed ; and the assessiiient is therefore hereby tleclared void. DECISIONS. 141 Give at tlic office of commissioner of public scliools, in Providence, this 31st day of March, iHoT. IloHERT Ai.LYN, Comni'r of Piddle Schooh. Upon the statement of facts above named, I ap|)rove of the decis- ion of the commissionei". Samuel Ames, CJdef Justice Supreme Court. Providence, April 21, 1857. DECISION No. 30. CASE OF API'EAI, OK JOHN H. ^VII.I.ARD. School coiiiTiiittec cannot vacate the olHco of clerk but Ly lieai'iiig and for cause. Statement and decision of commissioner of pnbHc schools in case of a|)i)eal of J(jiui II. Willard, from a vote of the school committee of North Providence, declai'ino; the office of the clerk of tlieir board vacant, passed December 13, lb5(3. The facts in this case are as follows, namely : On the loth of December, 18o0, at the reo;nlar monthly meetiii(^ of the school committee of North Providence, a resolution was oifered, and ])assed in these words: " Whereas, the clerk j'efuses to comj)lete the recoi'd of July 11), 185(3, as voted at this meetino; of the schoi)! committee, Deceudjer 13, 185G, therefore, Resolved., That the office of the clerk be declared vacant." P. B. Stiness, Jr., was then elec- ted clerk to fill the vacancy thus created ; and John H. Willard, the a])j)ellant, who had been elected clerk of the committee at theii- first special meetino;, held .fune 11, 185(>, gave Jiotice of his intention to ap[)eal to the commissioner of public schools from the vote declaring his office vacant. The appeal was accordingly made December 15, 1850, and received by the connnissioner on the 17th ; and I)y notice given to the parties on the 17tli, the time of healing was fixed on December 20th, at two o'clock, V. M., at the connnissionei-'s office in Providence. On the trial the ))arties appeared, and were heard by testimony and argument before the commissioner. The points raised for consideration are two. 1. Has the school committee a right, after having made an election of a clerk, — an ofK- cer created by the school law and necessary to the organization and 142 DECISIONS. lc'o;al action of the committee, — to remove that clerk, unless by chai'ges and trial, after notice, for misdemeanor before the expiration of the term of their oflice ? 2. li' tliey have such right or power, were the reasons alleged suthcient to justify them in the summary exercise of that riglit ? If the tii'st question be decided in the negative, there is no occasion to examine the testimony upon the second. I am of oj)inion that tiie school law, (see sections 9 and 10,) makes the election of a chairman and clerk necessary to a K^gal oi'ganization of the connnittee, und the law nowhere gives to the committee any power whatever to remove its officers. This removal can therefore only be made for cause, and in the same manner as any other ofHcer elected for a specitied time could be removed. This must be by trial, and after notice. With this view, a decision of the late commissioner, Hon. E. R. Potter, accords. That was in regai'd to a district trustee, an officer of no more responsibility than a clerk of the school committee, and was to the effect that " an election once made could not be rescinded, and that he, the trustee, could only be renujved after notice and a liearing." My decision, therefore, is, that said vote, passed as it was with- out previous notice and opportunity given for hearing and trial, is void. By request of Mr. Willard, made on the hearing before me, this decision is now submitted to his honor. Chief Justice Ames, of the supreme court, for his opinion thereon. Given under ray hand, at the office of commissioner of public schools in Providence, this 31st of January, A. D, ISoT. Robert Allyn, Comnir of Public Schools, OPINION OF THE SUPREME COURT. Upon the amioxed statement of facts, understanding as I do from it that the school connnittee of North Providence declared the office of clerk of their board vacant without notice to the clerk of the charges against him, and without affording him an opportunity by proof and agreement to defend himself, I am of opinion, and decide, that said vote was void, and that John H. Willard is therefore legally clerk of said board. DECISIONS. 14u If Mr. Willanl Ix-iiio' present asked n,o delay, but proeeeded to dcl'end liiiiiscir, lie would l)i* deeuu.'d to lia\'e waived I'onual notice, and the \<)te would lie valid. As notliin<;' ol'tliis kind is stalrd in the annexed statement of facts, I presume tile contrarv to l)t; true, and this lenders it unnecessary lor me to examine into the second (picslion stati'(l by the commissioner. Samu1';i, yXmks, iJ.J. Siiprcjui' (JoiirL Pi'ovidence, January )!l, IS.")?. DECISION No. ;n. (!ASK oi'' .1. 11. wii-i-Ah'i), (;i-i:i;K, im'.mov!;!). A clciU ol' a Hcliool coiiimillii; iii;ty t)i^ n'liiuvi'd (Voin ollici; for caUMi:, ril'l('!r iiulico aiid liciiriii;jf. Stati'mcnt and decision in casi; of tli(! appeal of .lohn II. Willard IVom a vote of the school connnittee of North rrovidence-, hy which they declared his ollice, ;is clerk of said connniltee, vacant. This appeal was iceeived at the ollice of the connnissioiier of pidtlic, schools on the 27th oC March, 1)S."j7. It is direc-ted to the commis- sionei-, and sets lorth the fiict, that, on the 21st day ol Mar relieve the courts from litigation in the small matters that may concern the public schools, and to provide tribunals, cheap, accessible, and speedy, for the redress of wrong or injury in such cases. But if a school com- mittee must be compelled to go before a court of law for redress, in cases of every refractory clerk or other officer elected by them, for the sole pur[)ose of giving expression to, or of recording their doings, this very laudable object of the law will be entirely defeated. This seems entirely contrary to the whole spirit of the law, and is believed to be contrary to usage also. It is therefore held, that the committee have power to remove their clerk, after sufficient notice of their intention, and opportunity for trial and defence. That the appellant had such notice and made defence was fully proved. The appellant asks that the facts may be laid before Hon. Chief Justice Ames for his opinion thereon. It then only remains to consider whether the causes alleged for removal, as above recited, were true, and sufficient to warrant the action of the committee. And the commissioner decides that in his opinion they were fully proved to be true, as above stated, and that they were also sufficient to warrant the I'emoval. DECISIONS. 147 The vote or resolution is therefore hereby affirmed, and it is declared, that the office ot" clerk of the school committee of North Providence, lately held by John H. Willard, is vacant. Given at the office of commissioner of public schools, in Provi- dence, April 18, 1857. Robert Allyn, C'omnt'r of Public Schools. Upon appeal of John H. Willard from vote of school committee of North Providence, removing him from the office of clerk of said committee. I fully concur in the above opinion of the commissioner as to the power of the school committee of a town to remove their clerk for just cause after hearing, full opportunity having been given to him upon charges presented to defend himself against them. Such a power, with regard to such an officer, unless expressly forbidden by law, is incidental to the committee as necessary to enable it duly to perform its functions. Upon the statement of facts above made, from the testimony by the commissioner, I fully concur with him that a just and legal cause for the removal of John H. Willard, as clerk of the school committee of North Providence, was shown by the committee for their action in the case of the appellant, and do therefore approve his decision on this appeal. Samuel Ames, Cldef Justice Supreme Court of R. 7., ^'c. Providence, April 18, 1857. DECISION No. 32. GENERAL INSTRUCTIONS. To School Committees and Superintendents of Towns, Trustees of Districts, and Teachers and Candidates for the office of Teacher. Representations have often been made to the commissioner of public schools, by many friends of public education and common schools in various parts of the state, that it is not uncommon for teachers to be employed by trustees to keep a school in the district of which thev are officers, and to commence schools in such districts without certifi- cates of qualifications from the examiners of the town. It has further been represented that the trustee of a district sometimes employs a teacher having a certificate from the school committee, the year of 148 DECISIONS. which has not expired, or one who has a county or state certificate, and having employed such an one, authorizes him to begin school, and neglects to notify the visiting committee or superintendiMit of the town when the school is to begin ; thereby dej^riving them (unless accident gives such information) of the power to visit the school with- in two weeks of its beginning, as the law imperatively requires. Under this representation of facts wiiich are believed to be undis- puted and altogetiier too common, and which are understood to be too easily excused and overlooked by the proper autluH'ities, it becomes the duty of the connnissioner of public schools to call attention to the plain and positive requirements of the law in such cases. 1st. A teacher without a certificate can in no case be legally l)aid for his services out of the pubHc money, no matter how well ([ualified he may be, nor how well he may have taught and governed his school ; — and every officer who draws an order, or uses the public money to pay him, is liable to indictment and fine. 2d. No school is legally kept, uidess it be visited twick, at least, by the school committee, or by some person by them a})i)ointed, or by the superintendent of the town, — once within two weeks of its com- mencement, and once within two weeks of its close. And if the officer whose duty it is to visit fail of discharging that duty, he is Jiable to suit at law ; and if the trustee neglect his duty in the matter of ffivino; information as to the time of commeneinii or closino; the school, he is also lial)le at law. These things ought to engage the attention of all friends of public schools. They are more than mere forms. They involve the whole system of supervising our schools, and of course connect themselves with all the details and practical operations of public education. And th« law, in these essentially vital points, should be scru))ulously com- plied with. Teachers, therefore, should refuse to begin a school until they have a certificate of qualifications, and the town committee or superintend- ent has been notified of the time of commoicino-. Trustees, also, should insist that the teacher shall be examined immediately aft(>r his emjiloyment, and always before he entei's the school-room for the pnrjiose of teaching ; and they should be very punctilious about giving notice to the committee or superintendent, of the time of beginning and closing the schools. And school committees, examiners, visitors, and supei"intcndents should stand on the extreme limit (jf the law, insisting that they will give no orders in fiavor of a teacher, trustee, or district, where there DECISIONS. 149 has been a neglect, in any way, or on any account, to comply with these siinple and just, as well as prudent and wholesome, requirements of the law. Robert Allyn, Comni'r of Puh. ScliooU. DECISION No. 83. CASE OF W. S. HOLT, SCHOOL DISTRICT, NUMBER ELEVEN, EXETER. A tax approved by the School Committee if subsequently increased, must be again approved. A trustee not authorized to insure a School- House, without authority from the District. The facts appear to be the following : District No. 11 in the town of Exeter, voted to raise a tax of one hundred and fifty dollars for the purpose of repairing their school-house. This meeting was held Oct. 9, 1858. The trustee and clerk were appointed to make the repairs. These repairs were accordingly made, and the house insured, without any vote of the district authorizing it. At a meeting of the district held Nov. 6, 1858, it was voted to receive the house and assess a tax of one hundred and eighty-six dol- lars, and some cents. From this vote, Mr. Holt appealed to the commissioner. Having appointed a hearing at the school-house of said district, Dec. 22, 1858, Mr. Holt made the following points of objection. That the original vote limited the tax to oyie hundred and fifty dollars ; that the notice of the second meeting was illegal, inasmuch as it did not state that a sum greater than one hundred and fifty dollars was to be raised ; that only the sum of one hundred and fifty dollai's had been ai)proved by the school committee ; that the expenses had been increased by ceihng the walls of the school-house below the windows, when the district hiid voted not to ceil them ; that the e.\])enses had been increased by the amount paid for the in- surance ; that all the bills were not presented when the vote to assess a tax was passed; and that the repairs had cost too much. Only three of these points of objection can be sustained. The " notice " of the second meeting, the approval of the school com- mittee, and the insurance. The "notice " and "insurance " may be reduced to one. The power to insure a school-house is by Sec. 3, Chap. 61, School Law, vested in the district and not in the trustee. Yet, if the "notice" had specified insurance as one of the ol)jects of the meeting, a vote of the district, sanctioning tiie trustee, would have been legal. 150 DECISIONS. It is my opinion and decision that this tax is not legal, — because the whole tax lias not been approved by the school-cominittee, and the notice not sufficient to authorize the district to sanction the act of the trustee in procuring insurance on the house. John Kingsbuky, Conim'r of Public Schools. DECISION No. 34. CASE OF SCHOOL DISTRICT NUMBER ONE, BARRINGTON. A School-House may te occupied for a Signing School, when such occupation does not interfere with the ordinary school. The following appear to be the facts in the case. Mr. Christopher Roffee is occupying the school-house of district No. 1, in the town of Barrington, by permission of the trustees of said district, as appears by the accompanying certificate of one of the trustees for the purpose of giving Instruction in vocal music. At a legally notified meeting of the tax paying voters of said dis- trict, held Feb. 3d, 1860, the following vote, as certified to by the clerk of said district, was negatived " that the district school-house shall be used for no other purpose than public school and district pur- pose." From what purports to be said vote, John W. Barnes appealed, with a request that a statement of the facts in the case might be laid before one of the Justices of the Supreme Court for decision. After due consideration, I am compelled to dismiss the appeal of said Barnes, without further iiearino; and for the followino- reasons : Because, the vote as quoted in your appeal is not the vote negatived at said meeting, as certified to by the district clerk. Because, the vote, certified to as negatived at said meeting is inoperative ; inasmuch as the school law has already been interpreted to allow a district school-house to be used for purposes not necessarily '* district," viz. : for lyceums, debating societies, lectures and other matters connected with education. (See Decision No. 10, under School Laws.) The question at issue is manifestly without the jurisdiction of the district, and has already been decided upon by the j)r()per tribunal, viz. : by the commissioner of public schools, approved by the Chief Justice of the Supreme Court. With regard to the instance cited in said appeal, as a violation of DECISIONS. 151 such decision, I am of opinion tliat the use of said house for such instruction is perfectly legitimate " to purposes connected witli public instruction." Instruction in vocal music, is a part of our system of public educa- tion, and is so recognized and paid for by the city of Providence, out of the " teachers* money," and is recognized and employed as an important element of education in nearly all the rural districts of our commonwealth. Many of our school committees insist upon its in- troduction into the public schools, and nearly all the school re[)orts which reach the office, are emphatic in its recommendation. And cer- taiidy if the younger children may be instructed in vocal music in the public school-house, and this too during school hours, there can be no legal objection why their older brothers and sisters and friends may not receive such instruction at the same place, out of school hours. Nor is the fact that the teacher receives pecuniary compensation from his pupils, pertinent to the question ; for to allow it to be so, would be to question the legal use of school-houses for public schools, many of the sessions of which are prolonged by private subscriptions, and are of course kept in the same sense in whicli the one is kept to which reference is made, by •' private" individuals. The manner in which any teacher is paid, or whether his services are gratuitous, does not affect the question in point. Moreover, such a legitimate use of the school-house would not require "the general consent of the tax-paying voters," said " private individual " having permission for occupancy from the trustees of said district, in whom the law places the custody of the school-house. (See chapter 65, section 1, revised statutes.) J. B. Chapin, CommW of Public Schools, Providence, Feb. 14, 1860. INDEX. c. stands for chapter, s. for section of tlio school law, and p. for page. Abatement of Taxos, how made, c. 64, 8. 6, p. xvi. Accounts of school committee, how kept, p. 14. of teacher's money to bo kept by town treasurer, e. 00, s. 6, p. x. of trustees with districts, p. 18. Affikmation. See Oath and Eiiyaycincnt. Admission to schools, age of, should be uniform in all districts, p. 14 ; also, c. 71, s. 1, p. xxvi. of scholars over 15, ihid. Age of scholars, record of, to bo kept by teacher, c. 67. s. r5, p. xxi. Altekation of districts. See Dintrict.i. Annulment of teacher's certificate, c. 66, s. 7, p. xix. remarks upon, p. 11. made by vote of school com. p. 11. decisions concerning, p. 82-87, p. 100-113. power of, cannot be delegated, p. 82. Aitauatus may be provided by districts, c. 61, 8. '•'>, p. xi. Appeal to the commissioner, in what cases, c. 68, s. 1, p. xx. if legal votes arc rejected, p. 99-104. if illegal votes are counted, p. 100- 104. to be decided without costs, c. 68, s. 1, p. XX. rules of, may be fixed by commis- sioner, c. 68, s. 2, p. XX. to court of common pleas from ap- praisal of school-house lot, c. 66, s. 6, p. xviii. persons may agree to submit to the commissioner, c. 68, s. 4, p. xx. Appeal, commr's decision on, to be laid before a judge, c. 68, s. 2, p. xx. if not taken, vote final, c. 68, s. 5, p. XX. remarks concerning, p. 27. Appoutionment of district property, c. 63, s. 13-14, J}, xvi. of taxes in joint districts, c. 64, s. 8, p. xvi. of state and town money. Hcc Money. how forfeited by towns, c. <59, s. 5, p. ix. Appropriation for public schools, whence derived, c. 59, s. 1, p. viii. how apportioned to towns by com- missioner, c. 59, s. 2, p. viii. how to be expended, c. 59, s. 3, p. viii. conditions on which received by towns, c. 59, s. 4, p. viii, when forfeited, c. 59, s. 5, p. ix. commissioner to draw orders for, c. 59, s. 6, p. ix. deaf, blind and idiotic. See T/ie lie- vised iSt.aluies. for normal school, c. 69, p. xxiv. by towns for their own schools, p. 1. remarks concerning, p. 15. Assessment of real and personal property must be made separately, p. 40. on property lying partly out and partly in the district, how made, c. 64, s. 2, p. XV ; also, p. 39. See Trustees and Rate Bills. Assessors of town taxes, five cases when they shall assess district taxes, c. 64, s. 2, p. XV. in joint districts, c. 64, s. 8, p. xvi. See Tax. 154 INDEX. Assistant teachers, must be examined, c. 67, s. 1, p. xxi. Associations for libraries, form of consti- tution for, p. 28. Attendance of scholars in schools, reg- ister of, kept by teacher, c. 67, s. 5, p. xxi. made the basis of division of money, 0. 66, s. 14, p. xix. average of, how calculated, p. 23. of scholars in adjacent districts in other towns, c. 66, s. 24, p. xx. Attorney, districts must execute deeds, by, p. 47. form of vote to appoint, ibid. See Foivcr of Attorney. Bible in schools, remarks on use of, p. 24, and 70-71. Bills, rates of tuition, c. 64, s. 9, p. xvi. See lidtc-hills. Blackboakds, may be furnished by tax, c. 61, s. 3, p. xi. Blanks, form of, for school committee report, p. 62. form of, for trustee's report, p. .53-57. teacher to fill, c. 67, s. 5, p. xxi. how distributed, c. 60, s. 9, p. x. imjtortance of, p. 15. Blind, provisions for educating. Revised Statutes. Bond, collector and treasurer of a district not to give, unless required, c. 61, s. 6, p. xi. form of collector's, p. 43. " treasurer's, p. 42. Books, commissioner may recommend, c. 58, s. 3, p. viii. school committee to regulate, c. 66, s. 10, p. xix. to be provided bj' trustees for poor scholars, c. 67, s. 3, p. xvii. sectarian, to be excluded, p. 24. forms of returns of, p. 57. Boundaries. See Bistriets.. Buildings, plans for school-houses to be approved, c. 63, s. 7, p. xvi. form of contracts for, p. 37. contract for, not legal till lot is fixed, p. 99. BuRRiLLviLLE, casc of district No. 7, p. 80. No. 7, p. 88. No. 12, p. 94. No. 7, p. 132. Case of district No. 5, Cumberland, p. 79. No. 7, Burrillville, p. 80. No. 3, N. Providence, p. 81. No. 3, N. Providence, p. 82. No. 3, N. Providence, p. 86. No. 7, Burrillville, p. 88. No. 3, N. Providence, p. 89. No. 3, N. Providence, p. 91. No. 12, Burrillville, p. 94. No. 10, N. Kingstown, p. 96. Case of school committee of North Kingstown, j). 97. district No. 5, Little Compton, p. 99. No. 3, N. Providence, p. 99. No. 3, N. Providence, p. 102. Layton E. Seamans, p. 104. Emor Smith, p. 106. Emor Smith, p. 109. Johnson & Card, p. 115. " district No. 3, N. Providence, p. 116. J. H. AVillard, p. 117. E. S. Wilkinson, p. 122. • district No. 8, AV. Greenwich, p. 124. No. 3, W. Greenwich, p. 128. No. 3, W. Greenwich, p. 128. No. 7, Burrillville, p. 132. P. B. Stiness, Jr., p. 134. district No. 7, Warwick, p. 137. J. Crandall, p. 139. J. H. Willard, p. 141. J. H. Willard, p. 143. Casting Vote, of moderator of a district meeting, p. 115. Certificate of election to district office, p. 31. of engagement. See Oatli. of teacher's qualification, c. 67, s. 1, p. xxi. of teacher's qualifications, how long valid, c. 67, s. 2, p. xxi. may be limited, p. 89. by whom annulled, c. 66, s. 7, p. xix. necessary in order to draw monej', p. 115. mode of examining for, pp. 7-11. form of, p. 32. of annulling, p. 32. Chairman of school committee to be en- gaged, c. 71, s. 2, p. xxvii, may engage other officers, ib. . may be removed, c. 66, s. 1, p. xviii. may sign official papers, c. 66, s. 1, p. xviii. form of engagement, p. 31. Children, absent and truant from school, c. 70, p. XXV. Clerk of a town. See Totvn Clerk. of school committee to be engaged, c. 71, s. 2, p. xxvii. may engage officers, c. 71, s. 2, p. x.Kvii. may be removed, c. 66, s. 1, p. xviii. form of engagement, p. 31. how long hold office, c. 71, s. 6, p. xxvii, also p. 137. of a school district, must be an elector, Con. may engage other officers, c. 71, s. 2, p. xxvii. to be engaged, c. 71, s. 2, p. xxvii. record names of voters, c. 62, s. 9, p. xiii. to procure book for record, p. 22. evidence of engagement, c. 71, s. 3, p. xxvii. INDEX. 155 Clerk to deliver papers, c. 71, s. 7, p. p. xxvii. duties and powers of, c. Gl, s. 6, xi. how long to hold office, c. 71, s. 6, p. xxvii. to record all motions, p. 22. to read record.s in open meeting, p. 22. See liccorch and Tax. Collection of district taxes and rate bills may be put into the hands of town collector, c. 61, s. 8, p. xi. of district taxes, by whom made, c. 61, s. 7, p. xi. Collector of district, how appointed, c. 61, s. 5, p. xi. must be engaged, c. 71, s. 2, p. xxvii. Collector, need not give bonds, c. 61, s. 5, p. xi. has some powers as town collector, c. 61, s. 7, p. X. • to receive warrant from trustees, p 23. how long holds office, c. 71, s. 6, p. xxvii. form of engagement, p. 31. " warrant to collect, p. 44. See Tax. Commissioner of public schools, how appointed, c. 58, s. 1, p. v. to recommend books, c. o8, s. 3, p. viii. powers and duties, c. 58, s. 1, p. vii. to be engaged, c. 71, s. 2, p. xxvii. to hear and decide appeals, c. 68, s. 14, p. xxii. may make rules to regulate appeals, c. 68, s. 3, p. xxii. may lay statement before judge, c. 68, s. 2, p. xxii. to apportion money to towns in May, c. 69, s. 2, p. viii. to draw orders for money in favor of towns, c. 59, s. 2, p. viii. to visit schools and diffuse informa- tion, c. 58, s. 2, p. vii. to prepare registers, c. 58, s. 4, p. viii. to secure uniformity of text-books, c. 58, s. 3, p. viii. to deliver addresses, c. 58, s. 2, p. viii. to make report to general assembly, c. 58, s. 5, p. viii. may approve plans of school-houses, c. 61, s. 3, p. xi. may remit forfeitures, etc., c. 68, s. 14, p. xxiii. may abate taxes in cases, c. 64, s. 6, p. xvi. may correct errors_in taxes, c. G4, s. 5, p. xvi. may order tax in cases, c. 64, s. 4, p. XV. Committee. See School Committee. Compensation, school committee not to receive, c. 60, s. 4. p. x. of superintendint of town schools, c. 60, s. 6, p. X. Conscience, freedom of, secured. Con. art. 1, s. 3, p. iii. Consolidated Districts, powers of, c. 63, s. 5-8, p. xiv. Contract, of district, may be enforced by commissioner, c. 64, s. 4, p. xv. not legal when, p. 99. form of, with teacher, p. 32. for building, p. 37. Corporations, schools districts to be, c. 61. s. 1, p. X. Costs, appeals to be decided without, c. 68, s. 1-6, p. XX. Council. See Toioi Cowicil. Coventry, case of district No. 5, p. 104. Cumberland, case of district No. 5, p. 79. Deaf and Dumb. See Bevised Statutes. Deed, form of power to execute, p. 49. to di.strict, form of, p. 47. from tax collector, p. 44. from district, p. 49. Deposit Fund. See I'und. Dismissal of a teacher, c. 67, s. 4, p. xxi. case of, p. 104. DisauALiFicATioNS for office. Con. art. 1, s. 3, p. iii. District Cleric. See Clcrh. " Collector. See Collector. " Trustees. See Trustees. " Treasurer. See Trcasmer. " Taxes. See Tax. Districts, made corporations, c. 61, s. 1, p. X. powers of, c. 61, s. 2-4, p. xi. how organized, c. 62, s. 1, p. xii. boundaries, how fixed, c. 66, s. 3, p. xviii. remarks concerning, p. 18. when altered, how property to be apportioned, c. 63, ss. 13, 14, p. xiv. comfirmed as now existing, c 60, s. 2, p. ix. no new ones formed with less than forty scholars, c. 66, s. 3, p. xviii. annual meeting of, c. 62, s. 2, p. xii. officers of, c, 61, s. 5, p. xi. District meetings, when school committee to call, c. 62, s. 1, p. xii. when citizens may demand, c. 62, s. 3, p. xii. where held, c. 62, s. 4, p. xii. time of notice, c. 62, s. 4, p. xiL mode of notice, c. 62, s. 5, p. xii. form of vote prescribing mode of notice, p. 33. qualification of voters in, c. 62, s. 8, p. xii. clerk of, engaged, c. 71, s. 2, p. xxvii. quorum of, p. 20. officers must be electors. Con. may require bond, of whom, c. 61, s. 6, p. xi. may insure school-house against fire, g, 61, i. 3, p. xi. 156 INDEX, District, principles to govern laying of, p. 33. remarks on, p. 5. property of, p. 41. may commit whole care of schools to school committee, c. 61, s. 10, p. xi. may fix rate hills, c. 64, s. 9, p. xvi. may raise money hy tax to support school, c. 61, s. 4, p. xi. may tax for huilding school-houses, c. 61, s. 3, p. xi. for maps, etc., ib. for lihrary, ih. must make returns to school commit- tee, c. 65, s. 5, p. xvii. may adopt a seal, p. 51. when can rescind a vote, p. 20. how money is apportioned to, c. 66, ss. 14-16, p. xix. writs against, how served, c. 68, s. 11, p. xxiii. inhahitants of, may be witnesses, c. 68, .s. 12, p. xxiii. inhabitants of, may answer suitls, c. 68, s. 7, p. xxiii. may take land for school-house, c. 66, s. 5, p. xviii. may establish grammar-schools, chs. 63 and 64, p. xiv-xvi. neglecting to establish a school, com- mittee ma J', c. 61, s. 9, p. xi. may form joint districts, c. 63, s. 1, p. xiii. Joint Districts. how formed, c. 63, s. 8, p. xvi. in different towns, c. 63, s. 8, p. xvi. form of vote to unite, p. 51. powers of, c. 63, s- 2, 10, p. xiii. meetings of, c 63, s. 3, p. xiii ; also s. 9, p. xiv. public money for, how apportioned, c. 63, s. 6, p. xiv. committee of which town to super- vise, c. 63, s. 10, p. xiv. taxes in, how collected, c. 61, s. 7, p. xi. taxes in, how assessed, c. 64, s 7, 8, p. xvi. how altered, c. 66, s. 3, p. xviii. when divided, how property appor- tioned, c. 63, ■s. 13, p. xiv. Donations for educations, Con. Dumb, provision for. licvised Statutes. Education, constitutional provision for, Con. art. 12, Election of school committee, c. 60, s. 4, p. ix. of district officers, c. 61, s. 1, p. xi. once made cannot be rescinded, p. 99. to fill vacancymust be notified, p. 127. Engagement of school officers, c. 71, s. 5, p. xxvii. penalty for not taking, c. 71, s. 4, p. xxvii. Engagement officers holding over not take a new, c. 71, s. 5, p. xxvii. record of, c. 71, s. 3, p. xxvii. Errors in assessments, how corrected, c. 63, s. 0, p. xvi. Evening Prayer, forms for, p. 71. Examination of teachers, made by com- mittee, c. 66, s. 7, p. xix. mode of conducting, pp. 7-11. See Crrtijicatc and Teacher. Exemption of poor from rate bills, c. 71, s. 1, p. xxvii. of district property from taxation. Jlevised Statutes. from execution, c. 68, s. 8, p. xxii. of property from distress, p. 39. Factori es, children employed in. Revised Statutes. Fines. See Penalties. Fires for schools not to be made by schol- ars, p. 97 Forfeitures.* See Fenalties. of a town's share of state money, c. 59, s. 6, p. ix. commissioner may remit, c. 68, s. 14, p. xxiii. of district's money, c. 66, s. 21, p. xx. of towns not to be remitted, c. 68, s. 14, p. xxiii. Form of warrant of election of school offi- cers, p. 31. of oath or engagement, p. 31. teacher's certificate, p, 32. annulment of do., p. 32, conti-act with teacher, p, 32. notice of first district meeting, p. 33. notice of annual or special meeting, p. 34. application to trustees for district meeting, p. 34. beginning records, p. 34. vote to appoint offices, p. 35. fixing mode of notice, ib. to devolve care of school on committee, p. 36. to build school house, p. 36. to lay tax, p. 39. to appoint attorney, p. 48. to organize joint district, p. 51. of tax bill, p. 42, contract to build, p. 37. treasurer's bond, p. 42. collector's bond, p. 43. warrant to collect tax, p. 44. collector's deed, p. 44. rate bill for tuition, p, 45. lease to district, p. 46. deed to district, p. 47. from district, p. 49. order for money, p. 49. notice of appeal, p. 59. committee's returns, p. 52. trustees' returns, p. 53. school regulations, pp. 58-68. INDEX. 157 Form of prayers for schools, p. 71. constitution for libraries, p. 28. town treasurer's certiticate to ob- tain money, p. 3. rules for town sup'ts, p. 74. Fkeedom, religious, secured. Con. political, ih. Fuel, how provided, c. 64, s. 9, p. xvi. must be by tax, ib. Fund Permanent, Con. art. 12, p. iv., c. 13, 3. 1, p. V. general treasurer to have care of, c. 13, s. 1. p. V. how to bo increased, c. 13, s. 2, 3, p. V. how to be invested, c. 13, s. 4, p. v. how to be applied, c. 13, s. 5, p. v. Deposit Fund. commissioners of, c. 14, s. 1, p. v. may be loaned to towns, c. 14, s. 3, p. vi. income, how applied, c. 14, s. 5, p vi. General Treasurer, See Treasurer. Governor, to appoint commissioner, c. 58, s. 1, p. vii. Gradation of schools permitted, p. 16. districts may grade schools, c. 63, p. xiii. committee cannot compel, p. 16. Grammar Schools, adjacent districts may establish, c. 63, s. 1. p. xiii. rate bills for, c. 64, s. 10, p. xvi. Incorporations for libraries, p. 28. Inhabitants of districts may answer suits, c. 68, s. 6, p. xxii. may be witnesses, c. 68, s. 12, p. xxiii. Instruction, moral, teacher's duty, c. 67, s. 6, p. xxi. moral, remarks on, p. 7. Insurance on school house, c. 61, s. 3, p. xi. Joint Districts. See District. Justice of Peace may engage officers, c 71, s. 2, Yt. XXV. Kingstown, N. and S., regulations for schools of, p. 58-68. Knowledge, difi'usion of, Con. p. iii. Lease of lot to district, p. 47. Legal proceedings, c. 68. Liberty, political and religious secured. Con: p. iii. Location of school-house to be made by committee, c 66, s. 4, p. xv. remarks on, p. 6. Lord's Prayer, remarks, p. 70. Lot for school-house, how title acquired, c. 66, s. 5, p. xviii. should be acquired before building, p. 102. Maps may be provided by districts, c. 61, s. 3, p. xi. Meetings of school committee. See School Committee. of districts. See Districts. for religious worship in school-houses, p. xxi. See Notice. quorum of, p. 20. of trustees, must be notified, p. 124. Misconduct, scholars expelled for, c 66, s. 11, p. xix. Moderator of a district meeting, c. 62, s. 7, p. xii. may vote as others, p. 115. when casting vote, p. 115. Money from general trea-sury, how ap- portioned to towns, c 59,«s. 2, p viii. from general treasury, how appor- tioned to districts, c. 66, s. 14, p. xix. from town treasury, how apportioned to districts, c. 66, s. 15, p. xix. from registrjr taxes, c. 66, s. 16, p. xix. to whose order payable, c. 66, s. 19, p. XX. remaining over may be divided, c. 66, s. 21, p. XX. reserved for printing committee's re- port, c. 66, s. 23, p. XX. teachers', what and how applied, c. 59, s. 3, p. viii. when forfeited by district, c. 66, s. 21, p. XX. ■when forfeited by town, c. 59, s. 6, p. ix. Morning Prayer, form of, p. 72. Moral Instruction, c. 67, s. 6, p. xxi. ' remarks, pp. 69-70. New Testament. See Bille. Normal School, c. 69, s. 1, p. xxiv. Notary Public may engage school offi- cers, c. 71. s. 2, p. xxvii. Notice of special meetings of school com- mittee, p. 4, p. 80. of special meetings of districts, c. 62, s. 5, p. xii. of district to organize, c. 62, s. 1, p. xii. mode of, how prescribed, c. 62, s. 6, p. xii. what mode when school committee call, c. 62, s. 6, p. xii. evidence of, c. 68, s. 13, p. xxiii ; also, p. 88. time of, c. 62, s. 6, p. xii. of town assessors in case of district taxes, c. 64, s. 3, p. xv. Oath of officers, c 71, s. 2, p. xxvii. penalty for not taking, c. 71, s. 4, p. xxvii. See Engagement. Officers to be engaged, c. 71, s. 2, p. xxvii. who may be elected. Con. to hold till others are appointed, c. 71, 8. 6, p. xxvii. 158 INDEX. Officfrs term expires when others are appointed, p. 126. Orders for teachers' wages, c. 66, s. 18, p. XX. for teachers' wages, by wliom signed, c 66, sects. 1, 18, p. xviii and xx. may be given to teachers, c. 66, s. 18, p. XX. cannot be given to teachers without i certificate, p. 115. ' not to be given till services are per- j formed, c. 66, s. 20, p. xx. on general treasurer, how procured, p. 3, form of, p. 49. Organization of school committee, c. 66, s. 1, p. xviii. of districts, c. 62, s. 1, p. xii ; also, c. 63, s. y, p. xiv. Penalties, for disturbing school, p. 27. for nuisance near school-house, c. 71, s. 10, p. xxvii. for misappropriating money, c 71, s. 6, p. xxvii. for not delivering copies, c. 71, s. 6, p. xxvii. for not taking oath, c. 71, s. 4, p. xxvii. how enforced, p. 27. commissioner may remit, c. 69, s. 14, p. xxiii. Penalties for private schools refusing to admit school com. c. 71, s. 9, p. xxvii. Plans of school-houses to be approved, c. 61, s. 3, J), xi. Poor persons, tax of, abated, c. 71, s. 1, p. xxvii. persons exempted from rate bills, ib. scholars not to be excluded from school, ih. may be supplied with books at expense of district, c. 65, s. 8, p. xvii. Portsmouth, regulations for schools of, p. 67. Power of Attorney, p. 48. Prayer in schools, p. 69. Process against districts, how served, c. 68, s. 11, p. xxiii. Providence, schools of, how regulated, c. 71, s. 11, p. xxviii. Provisions for public schools, power to make. Con. Punishment for disturbing schools, p. 27. power of teacher to inflict, p. 25-27. Qualifications of voters in district meetings, c. 62, s. 8, p. xii ; also, p. 99-102. of teachers, c. 67, s 1, p. xxi. Exam- ination, Teachers, and Voters. Quorum of school com ., c. 66, s. 2, p. xviii. of district meeting, p. 20. Kate Bills, districts may fix, c. 64, s. 9, p. xvi. authorize trustees to fix, ib. committee ma}- fix, c. 04, s. 11, p. xvi. may be required in advance, ib. Hate Bills, how collected, c. 64, s. 13, p. xvi. trustees may fix, c. 64, s. 14, p. xvi. made out b}' whom, c. 65, s. 4, p. xvii. form of, p. 45. must be approved, c. 64, s. 9, p. xvi. warrant to collect, c. 65, s. 4, p. xvii. poor exempt from, c. 71, s. 1, p.xxvi. Reconsideration of votes, pp. 21 and 115. Records of district boundaries kept by town clerk, c. 00, s. 9, p. x. of committee, p, 15. of districts, p. 22. of names of voters, c. 62, s. 9, p. xiii. should be read in open meeting, p. 22. forms for, pp. 34, and 35. Refusal to hold office or take engage- ment, peiu'ilty for, c. 71, s. 3, p. xxvii Register of attendance kept by teacher, c. 07, s. 5, p. xxi. should be accurate, p. 24. Registry Tax, how divided, c. 66, s. 16, p. xix. Regulations for school, made by com- mittee, c. 66, s. 10, p. xviii. for appeals, c. 69, s. 3, p. xxii. forms for schools, p. 58. violation by scholars, c. 66, s. 11, p. xix. Religious meetings in school-houses, p. 21. opinions of teacher, p, 8. Repairs made by tax, c. 61, s. 3, p. xi. . must be approved, c. 61, s. 3, p. xi. reasons for restricting, p. 7. Report of commissioner to general assem- bly, c. 58, s. 5, p. viii. committee to commissioner, c. 66, s. 22, p. XX. Report of trustees to committee, c. 65, 8. 5, p. xvii. form for committee's, p. 52. trustees', p. 53. importance of, pp. 15 and 53. Rescinding vote, p. 20. Returns of committee to commissioner, c. 66, s. 22, p. XX. of trustees to com., c. 65, s. 5, p. xvii. blank forms, pp. 52, 53. Rules. See Regulations. Sale of lot by district, p. 26. Scholars may be suspended or expelled, c. 68, s. 11, p. xix. teacher's power to punish, p. 25. punished for disturbing schools, p. 27. poor cannot be excluded, c. 71, s. 1, p. xxvi. how supplied with school books, c. 65, s. 3, p. xvii. over fifteen not to be excluded, c. 71, s. l,p. xxvi. age of attendance regulated by com mittee, ib. truant, c. 70. School Books. See l^ooks. " Districts. See Districts INDEX. 159 School Committee, how chosen, c. 60, s. 4, p. ix. powers and duties of, c. 66, p. xviii. may be appointed by town council, Revised Statutes. need not be electors. Con. cannot delegate general powers, p. 83. to be engaged, c. 71, s. 2, p. xxvii. form of engagement, p. 31. hold office, how long, c. 71, 's. 5, p. xxvii and p. 127. quorum of, c. 66, s. 2, p. xviii. meetings of, how called, p. 80. regular, c. 66, s. 2, p. xviii. special, p. 80. vacancies, c. 66, s. 12, p. xix. certificate of election, p. i. form of sucli certificate, p. 31. to receive statement from town treas- urer, c. 60, s. 7, p. X. should send list of their number to commissioner, p. 5. to receive no compensation unless voted, c. 60, s. 4, p. x. to examine teaciiers, c. 66, s. 7, p. xix. may employ person to examine, ib. subjects of examination, pp. 7-10. may limit certificates, p. 8o. may dismiss teachers for cause, c. 67, s. 5, p. xxi ; also p. 104. may annul certificate for cause, c. 66, s. 7, p. xix, also pp. 105-113. may make rules and regulations, c. 66, s. 10, p. xix. forms of do., pp. 58-68. may prescribe school-books, c. 66, s. 10, p. xix. to lay off districts, c. 66, s. 3, p. xviii. to apportion district property when divided, c. 63, s. 14, p. xvii. to authorize districts to unite, c. 63, s. 1 and 2, p. xiii. may provide for scholars to attend in other districts, c. 66, s. 24, p. xx. to locate school-houses, c. 66, s. 4, p. xviii. to approve plans for school-houses, c. c. 6], s. 3, p. xi. to approve taxes, c. 61, s. 4, p. xi. rate bills, c. 64, s. 9, p. xvi. to report to town meeting, c. 66, s. 22, p. XX. may print report, ib. returns to commissioner, ib. may suspend or expel scholars, c. 66, s. 11, p. xix. to visit each school twice, c. 66, s. 8, p. xix. may employ one of their number to visit, c. 66, s. 9, p. xix. duties when towns are not districted, c. 66, s. 13, p. xix. to apportion to districts money from general treasury, c. 66, s. 14, 15, p. xix. to apportion money raised by towns, c. 66, s. 16, p. xix. School Committee to give notice to dis- tricts of apportionment, c. 66, s. 17, p. XX. may divide district's money unex- pended, c. 66, s. 21, p. XX. to draw orders for teaciiers' w ages, c. 66, ss. 18 and 19, p. xx. may abate taxes in cases, c. 64, s. 6, p. xvi. when may call district meetings, c. 62, ss. 1 and 3, p. xii. when may fix place of district meet- ings, c. 62, s. 4, p. xii. when may appoint superintendent of sciiools, c 60, s. 5, p. x. chairman and clerk of, may sign pa- pers, c. 66, s. 1, p. xviii. chairman and clerk of, may be remo- ved, ib. School Fund. See Fund. School House, plans of, to be approved, c. 61, s. 3, p. xi. lot for, how taken, c. 66, s. 4, p. xviii. located by whom, ib. no nuisance to be kept near, c. 71, s 10, p. xxvii. maj- be insured, c. 61, s. 3, p. xi. exempt from tax, c. 68, s. 8, p. xxii. attacliment, ib. use of for religious worship, p. 96. may be built by town tax, c. 60, s. 2, p. ix. may be built by district tax, c. 61, s. 4, p. xi. form of vote to build, p. 36. contract to build, p. 37. trustees to have care of, p. 18. Schools, kept in house, approved, c. 66, 18, p. XX. when set up by committee, c. 66, s. 13, p. xix ; also, c. 61, s. 8, 9, p. xi. penalt3' for disturbing, p. 27. expulsion from, c. 66, s. 11, p. xix. regulations for, c. 66, s. 18, p. xx. attendance at to be registered, c. 67, s. 5, p. xxi. visitation of bj' committee, c. 66, s. 8, p. xix. visitation of by comtLissioner, c. 59, s. 2, p. vii. visitation of trustees, c. 65, s. 2, p. xvii. superintendents of, employed by towns, c. 60, s. 5, p. x. superintendents of, employed by com- mittee, c. 66, s. 8, p. xix. superintendents of, employed by com- mittee, form of instructions for, p. 74. Schools, private, receiving aid from State, maybe visited, c. 71, s. 8, p. xxviii. Seal of district, p. 51. Secondary schools, c.^63, p. xiii. Sen.^tor may engage officers, c. 71, s. 2, p. xxvii. 160 INDEX. Smithfielu, regulations for schools of, p. 58-62. Studies. See Books. Sub-committee may examine teacliers, c. 66, s. 7, p. xix. cannot annul certificates, p. 84. cannot perform ministerial duties, p. 91. Suits against a district, how answered, c. 68, s. 7, p. xxii. against a district, Avhen costs are not to he taxed, c. 68, s. 6, p. xxii. Superintendent of schools, towns may appoint, c. 60, s. 5, p. x. compensation of, ih. regulations for, p. 74. Supreme Court, statement on appeal laid before a judge of, c. 68, s. 2, p. xxii. of, in case of Ko. 3, N. Providence, p. 84. of, in case of E. Smith, p. 110. Tax, to he approved by committee, c. 61, s. 4, p. xi. for what purposes levied, c. Gl, s. 3, p. xi; also, p. 21. to he levied according to the last town assessment, c. 64, s. 1, p. xiv. by whom collected, c. 61, s. 7, p. xi. towns may levy for school purposes, c. CO, s."l,2, p. ix. who may vote on, c 62, s. 8, p. xii. assessment of, made bj' trustees, c. 65, s. 5, p. xvii. when assessed by town assessors, c. 64, s. 2, p. xiv. trustees to issue warrant to collect, c. 65, s. 4. p. XV. form of tax bill, p. 42. warrant, p. 44. how collected, c. 64, s. 13, p. xvi. in joint districts, how approved, c. 64, s. 7, p. xvii. commissioner to order collection in cases, c. 64, s. 4, p. xv. how abated in cases, c. 64, s. 6, p. xvi. summary of laws concerning, p. 3 1-41. in suit against district officer, c. 68, s. 6, p. xxii. Teacheks'Money, what, and how to be applied, c. 59, s. 3, p. viii ; also, c. 66, s. 18, p. XX. See Money. Teachers, must have certificate, c. 67, s. 1, p-. xxi. how long certificate valid, c. 67, s. 2, p. xxi. qualifications of, c. 67, s. 3, p. xxi. may be dismissed by committee, c. 67, s. 4, p. xxi. certificate may be annulled for cause, c. 66, s. p. xix. shall keep register, c. 67, s. 5, p. xxi. to prepare district returns, ib. to implant principles of virtue, c. 67, s. 6, p. xxi. Teachers, power over scholars out of school, p. 25. Tenure of office, c. 71, s. 5, p. xxvii ; also, p. 136. Text-Eooks, uniformity recommended, c. 58, s. 2, p. ix. Text-Books, supplied to poor gratuitous- ly, c. 65, s. 3, p. xvii. 8ce Books. Town Clerk, to record boundaries of districts, c. 60, s. 9, p. x. " Treasurer. See Treasurer. Towns must raise the whole of their share of $^35,000, c. 59, s. 4, p. viii. at what time to vote this money, ib. how incur forfeiture of this, c. 59, s. 5, p. ix. may maintain schools without dis- tricts, c. 60, s. 1, p. ix. may provide school-houses for dis- trict, c. 60, s. 3, p. ix. to choose committee, c. 60, s. 4, p. ix. may direct as to division of their own money, c. 66, s. 16, p. xix. may appoint sup't of schools, c. 60, s. 5, p. X. Treasurer op District, may receive or- ders from committee, c. 66, s. 19, p. xxi. elected at annual meeting, c. 61, 8. 5, p. xi. must be an elector. Con. to be engaged, c. 71, s. 2, p. xxvii. tenure of office, c. 71, s. 4, p. xxvii. form of bond, p. 42. to pay orders of trustees, c. 66, s. 18, p. XX. Treasurer of State, to pay orders of commissioner, c. 59, s. 5, p. ix. to invest money forfeited, ib. Treasurer of Town, to receive money from State and keep account, c. 60, s. 6, p. X. form of certificate to obtain it, p. 3. to pay it only to committee's order, c. 60, s. 5, p. X. to report to committee, c. 60, s. 7, p. X. commissioner, c. 60, s. 8, P-. ^• penalty for misappropriating mon- ey, c. 71, s. 6, p. xxvii. Truant children, laws concerning, towns may adopt, c. 70, s. 1, p. xxvi. penalties for, c. 70, s. 2, p. xxvii. officers to make complaint, c. 70, s. 4, p. xxvii. Trustees, one or three elected annually, c. 61, s. 5, p. xi. must be electors. Con. how long hold office, c. 71, s. 5, p. xxvii. powers and duties of, c. 65, p. xvii. to be engaged, c. 71, s. 2, p. xxvii. to visit schools, c. 65, s. 2, p. xvii. form of engagement, p. 31. INDEX. 161 Trustees, when to receive pay for ser- vices, c. 65, s. 6, p. xvii. of joint districts, how elected, and duties of, c. 63, s. 2, p. xiii. vacancies, c. 61, s. o, pp. xi, 126. if three, must act as a board, pp. 17, 124. meetings of, how called, p. 17. to employ teachers only after exami- nation, c. 65, s. 1, p. xvii. form of contract with teacher, p. 32. neglecting to keep, school committee may, c. 61, s. 9, p. xi. to make returns to committee, c. 65, s. 5, p. xvii. ma}- require teacher to jjrepare re- turns, c. 67, s. 5, p. xxi. form of returns, p. 53. to have care of district property, c. 6o, s. 1, p. xvii. to notify committee of beginning of school, c. 65, s. 2, p. xvii. to visit school, ih. may admit scholars from other dis- tricts, c. 66, s. 24, p. XX. to supply poor scholars with books, c. 65, s. 3, p. xvii. to notify district meetings, c. 62, s. 1-6, p. xii. when may collect rate bills with a district vote, c. 64, s. 13, p. xvi. to make rate bills and assess taxes, c. &b, s. 4, p. xvii. to issue warrants to collector, ih. form of warrant, p. 44. when to call on town assessors to as- sess taxes, c. 64, s. 2, p. xv. Trustees, penalty for neglect of duty, c. 71, s. 6, p. xxvii. Uniformity of text-books, e. 58, s. 3, p ix. Union of districts, when allowed and how secured, c. 63, p xiii. See Joi>it JJi.strirfs. Vacancies, in committee, how filled, c. 66, s. 10, p. XX. district office, pp. 20, 126. Visits, of school committee and trustees, to be reported, p. 57. to schools, commissioner may make, c. 58, s. 2, p. viii. committee must make, c. 66, s. 8, p. xix. trustees must make, c. 65, s. 2, p. xvii. subjects of, p. 11. Vote of a school district, when may be rescinded, p. 20. final if not appealed from, c. 68, s. 5, p. xxii. forms of, p. 36. Voters, qualifications of, in district meet- ings, c. 62, s. 9, p. xiii. decisions upon, pp. 99-102. Warrant to collect tax, issued by trus- tees, c. 65, s. 4, p. xvii. to enforce judgment, issued by court, c. 68, a. d, 10, p. xxiii. Witnesses, inhabitants of a district may be, c. 68, s. 12, p. xii. Writs, against a district, how served, c. 68, s. 11, p. xxiii. 21 6 LIBRARY OF CONGRESS 019 748 460 3