LAWS of' new HAMPSHIRE RELATING TO COMPILED FROM PUBLIC STATUTES AND SESSION LAWS OF 1591, 1593, 1595, 1597, 1599, 1901, 1903. CONCORD, N. H.: Ira C. Evans Co., Printers. 1903- LK II ^^eh^ ^^M.^J^j^^dk^r,^ CONTENTS. Page. Chapter. School Money 5 88 School Districts 8 89 Meetings and Officers of School Dis- tricts 15 90 schoolhouses. 21 9i School Board, Teachers and Truant Officers 26 92 Scholars 34 93 Superintendent of Public Instruction. 41 94 New Hampshire State Normal School. . . 44 95 Special I,aws Passed January Session, 1891 47 Special I,aws Passed January Session, 1893 48 Special Laws Passed January Session, 1895 " 50, 51. 52 Special I^aws Passed January Session, 1897 53, 54 Special I^aws Passed January Session, 1899 • 54, 61 Amendment to Session I^aws of 1899 57 Special Laws Passed January Session, 1901.... 57,58 Town Clerks, Chapter 43, Public Stat- utes 62 NEW HAMPSHIRE SCHOOL LAWS. CHAPTER S8. SCHOOL MONEY. Section 1. School tax, amount and assessment of. * 2. Town may raise additional money. 3. School money, how appropriated. 4. How assigned to districts. 5. Ward's tax, where assigned. 6. Neglect to assess, assign, etc. ; penalty. 7. Neglect to apply according to law ; penalty. 8. District may raise additional money. 9. Iviterary fund, what so termed. 10. How distributed to towns, etc.^ annually. 11. Unincorporated places, when to receive. 12. I^iterary fund, how expended. 13. Misapplication of; penalty. 14. What part of dog tax applied to support of schools. Section 1. \^As amended hy chapter 92, Ses- sion Laivs o/lOOl.] The selectmen in each town shall assess annually, upon the polls and ratable estate taxable therein, a sum to be computed at the rate of six hundred dollars for every dollar of the public taxes apportioned to such town, and so for a greater or less sum. 6 Sect. 2. The town may raise a sum exceediug- the aiuount aforesaid, which shall be assessed in the saiiie niauiier. Sp:ct. 3. The sums so raised shall be appro- priated to the sole purpose of maintaining public schools within the town for teaching reading, writ- ing, English grammar, arithmetic, geography and such other branches as are adapted to the advance- ment of the schools, including the purchase of fuel and other supplies, the making of occasional re- pairs upon schoolhouses, appurtenances, and furni- ture, and the conveyance of scholars to and froin school as provided by law. Sect. 4. The selectmen shall assign to each district a proportion of such money, according to the valuation of the district for the year, or in such other manner as the town, at tlie annual meeting, shall direct, and shall pay over the same to the school board of the district. Sect. 5. When a guardian and ward reside in the same town, the Selectmen shall assign the tax assessed upon the ward's personal property to the school district in which the ward lives and has his home. Sect. G. If the selectmen of any town neglect to assess, assign, or pay over the school money as aforesaid, they shall pay for each neglect a sum equal to that so neglected to be assessed, assigned, or paid over, to be recovered by action of debt, in the name and for the use of the district, by the school board. Sect. 7. If the money so assigned and paid over to the school board of any district is not expended by them according to law, they shall be fined not exceeding twice the sum so unexpended or not legally expended, for the use of the district. Skct. 8. Any district may raise money for the support of schools in addition to the sum required by law, which shall be assessed, collected and paid over to the district as other school taxes. Skct. 9. All taxes collected by the state upon the deposits, stock, and attending accumulations of depositors and stockholders of savings banks, trust companies, loan and trust companies, loan and banking companies, building and loan asso- ciations, and other similar corporations, who do not reside in this state, or whose residence is un- knowi], shall be known as the "literary fund." Skct. 10. The state treasurer shall assign and distribute, in November of each year, the literary fund among the towns and places in proportion to the number of scholars not less than five years of age who shall, by the last reports of the school boards returned to the superintendent of public instruction, appear to have attended the public schools in such towns and places not less than two weeks within that year. Skct. 11. No unincorporated place shall receive its portion until a treasurer or school agent shall have been chosen to receive and appropriate the same as required by law. Skct. 12. The portion of the literary fund so received by any town or place shall be assigned to the districts as other school money, and shall be applied to the maintenance of the public schools during the current year ; one fifth part thereof" may be applied by the school board to the purchase of blackboards, dictionaries, maps, charts, and school apparatus. Skct. 13. If any town or incorporated place or the agent of any unincorporated place shall apply any money so received to any other purpose, the town, place, or agent so offending shall refund to the state treasury double the sum so misapplied. Sect. 14. All money arising from the taxation and licensing of dogs, remaining in the treasury of any town or city on the first day of April, an- nually, which is not due to holders of orders given for loss of or damages to domestic animals by dogs, shall be applied to the support of the public schools, and shall be assigned to the districts as other school money. CHAPTER 89. SCHOOL DISTRICTS. Section 1. Kach town a school district. 2. When presumed to be legall3' organized ; powers of. 3. May raise money, for what purposes. 4. May hire money, how much ; and when payable. 5. Selectmen to assess tax to pay same, when. 6. Persons and property, where taxed. 7. New invoice made, when. 8. Non-resident taxes assessed after July i, when and how collected. 9. Districts may have high schools. ■ 10. Adjoining districts may contract to maintain schools jointly. 9 ir. Districts may contract with academies, etc., to furnish instruction to scholars. 12. Non-resident scholars, how admitted to schools. 13. Joint districts, how to share in school money. 14. How dissolved and united to town districts. 15. Town district to take possession of school property in such case. 16. Rights in property, how equalized. 17. Selectmen to apportion property among parts of dis- solved districts in two or more towns. 18. Referee to be appointed in case selectmen fail to ap- portion. 19. Notice in such case before appointment of referee. 20. Such notice, how served. 21. Referee to give notice of hearing. 22. Tax to adjust apportionment, how assessed. 23. Town district to lake property and assess tax in rela- tion thereto. 24. Dissolved districts to continue, for what purposes. 25. Income of trust funds, how used. 26. Meetings of dissolved districts. 27. Preservation of district records. Section 1. Each town shall constitute a single district for school purposes ; provided, howecer, that districts organized under special acts of the legislature niaj' retain their present organization. Sect. 2. School districts that have exercised, the privileges of a district for a year shall be presumed to be legally oi'ganized ; and all districts legally organized shall be corporations, with power to sue and be sued, to hold and dispose of real and personal property for the use of the schools therein, and to make liecessary contracts relating thereto. 10 Sect. 3. School districts may raise money to procure land for schoolhoiise lots, and for the en- largement of existing lots ; to build, purchase, rent, repair, or remove schoolhouses and outbuild- ings; to procure insurance; to plant and care for shade and ornamental trees upon schoolhouse lots ; to provide suitable furniture, books, maps, charts, apparatus, and conveniences for schools ; and to pay debts. Sect. 4. School districts may hire money for building schoolhouses, not exceeding four-fifths of the cost thereof, which shall be payable within five years, in equal proportions, with the interest. Sect. 5. The selectmen, upon application of the creditor and receipt of copies of the vote and note of the district, may, in each annual tax, assess upon the district one fifth of such debt and the interest, and shall cause the same to be collected and paid to the town treasurer, and shall give an order upon the treasurer to the creditor for the amounts collected. Sect. 6. In the assessment of school-district taxes, every person shall be taxed in the district in which he lives for his poll and his personal estate subject to taxation in town. Heal estate shall be taxed in the district in which it is situ- ated. Sect. 7. The selectmen may make a new invoice of all the property in the district when necessary for the just assessment of such taxes. Sect. 8. If such taxes are assessed after the first day of July in any year upon the property of non residents, the collector shall send to the own- ers of said property, or to their agents, if known, 11 a bill of their taxes within two months after the delivery of the list to him, and shall, at the expi- ration of fonr months after snch delivery, adver- tise and sell the property on which the taxes have not been paid in the same manner as if such taxes had been assessed in April preceding. Sect. 9. Any school district may, by vote or by-law, establish and maintain a high school in which the higher English branches of education and the Latin, Greek, and modern languages may be taught. Sect. 10. Two or more adjoining districts jn the same or different tov\^ns may make contracts with each other for establishing and maintaining Jointly a high or other public school for the benefit of their scholars, and may raise and appropriate money to carry the contracts into effect ; and their school boards, acting jointly or otherwise, shall have such authority and perform such duties in relation to schools so maintained as may be pro- vided for in the contracts. Sect. 11. Any school district may contract with an academy, seminary, or other literary insti- tution located within its limits or in its im- mediate vicinity, for furnishing instruction to its scholars ; and the school money may be used to carry the contract into effect. Sect. 12. Each district may determine upon what terms scholars from other districts or towns may be admitted into its schools. If the district neglects to make such determination, the school board may do it. Sect. 13. Every district situate in tv^'o or more towns shall be entitled to its just proportion of 12 school taxes, income of school funds, literary fund, and dog tax in each town, according to the valuation of polls and property taxable therein. Sect. 14. Any school district organized under a special act of the legislature may, by a majority vote of the qualified voters present and voting at a legal meeting, dissolve its corporate existence and unite with the town district.* Sect. 15. In such case the town disti'ict so formed shall forthwith take possession of the schoolhouses, lands, apparatus, and other property owned and used for school purposes by the district so dissolved which the district might lawfully sell or convey. Sect. 16. The property so taken, and also like propert}' of the distiict to which the special dis- trict is united, shall be appraised by the selectmen of the town, and at the next annual assessment a tax shall be levied upon the whole town district equal to the amount of the whole appraisal ; and there shall be remitted to the taxpayers of each district the appraised value of its property. Sect. 17. If a district so dissolved is formed of parts of two or more towns, an equitable appor- tionment of its assets and liabilities between such parts shall be made by the selectmen of the tow^ns in which they are situate, acting as a joint board, within sixty days after the dissolution. Sect. 18. If such joint board fail to make an apportionment within the time limited therefor, any taxpayer withia the district may apply by petition to a judge of the supreme court for the *See chapter 64, Session Laws of 1891. 13 appointment of a referee to make the apportion- ment. Sect. 19. The judge shall appoint a time and place of hearing upon the petition, and order notice thereof to be given to all parties inter- ested, and after hearing them he shall appoint a referee. Sect. 20. The notice shall be served by post- ing copies of the petition and order thereon in at least two public places in each of said parts, and by giving to the clerk of the dissolved district, and the clerk of each town district in which any part thereof is located, like copies ten days at least before the day of hearing. Sect. 21. The referee shall cause notice of his hearing to be given to all parties interested, in the same manner as is provided in the preceding sec- tion. He shall hear the parties, make his report in writing, and file a copy thereof with the clerk of the dissolved district and the clerk of each town interested ; and the report, so made and filed, shall be final. Sect. 22. Upon receiving a copy of the appor- tionment, the selectmen shall assess upon that part of the district within their town the amount for which it is charged, and cause the same to be collected and paid to the town district in which the creditor part of the dissolved district is situ- ated. Sect. 23. The town district shall take the property and assets of that part of the dis- solved district which is situate in such town district, and the selectmen of the town shall 14 assess and remit taxes with reference to the property so taken, and like property of the town district, the same as in other cases. Sect. 24. The corporate powers of a district shall continue for the purpose of settling up its affairs and of holding, managing, and enjoying any property held by it in trust, notwithstanding its dissolution ; but the school board of the district of which it forms a part shall be its agents to expend the income of any such trust property that is devoted to the support of schools. Sect. 25. The school board shall first give to such district or districts such term or character of schooling as would be just and reasonable if no such fund were in existence, and only use the income to lengthen the school or schools, or to carry out the purposes of the trust under which the funds are held. Sect. 26. Any justice of the peace may, upon application of three or more voters, resident within the limits of the dissolved district, call a meeting thereof in the same manner as other school-dis- trict meetings are called, at which a moderator, clerk, and agents may be chosen, and any other business transacted for the purposes mentioned in section twenty-four of this chapter. Sect. 27. The records of dissolved school dis- tricts whose corporate existence is not continued for any purpose shall be returned by the clerks of such districts to the town clerk's office for preser- vation with the public records of the town. 15 CHAPTER 90. MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. Section 1. Annual meetings, when holden. 2. Special meetings, when holden. 3. District meetings, where held. 4. Warrants, by whom issued and what to contain. 5. Warrants to contain notice of special subjects, when. 6. When and where to be posted. 7. May be issued by a justice of the peace, when. 8. To be returned to the clerk and be recorded. 9. Voters, who are. 10. Check-list to be used, when. Amendment of 1S95. 11. Illegal voting, how punished. 12. Ofificers, what. 13. Districts which maintain high school may increase membership of their school boards. 14. Eligibility to office. 15. Officers, hovi chosen; to be sworn, 16. Tenure of office. v 17. Moderator's powers and duties. iS. Clerk's duties. 19. Clerk to report names, etc , of school board to town clerk, when ; penalty for neglect. 20. Treasurer to give bond. 2:. Treasurer's duties. 22. Auditor's duties. 23. Vacancies in district offices, how filled. 24. District may elect or appoint superintendent of schools, etc. 16 Sfxtion 1. A meeting- of every school district shall be liolclen aiiimally between the first day of March and the twentieth day of April, inclusive, for the choice of district officers and the transac- tion of other district business. 8kct. 2. A special meeting of a school district shall be holden whenever, in the opinion of the school board, there is occasion thei'efor, or when- ever ten or more voters, or one sixth of the voters of the district, shall have made written application to the school board therefor, setting forth the subject-matter upon which action is desired. Sect. 3. School-district meetings niay be held at tlie usual place where town meetings of the town are held, or at such other suitable place as in the opinion of the officers calling the meeting will best accommodate the voters. Sect. 4. They shall be warned by the school board, or, in cases authorized by law, by a justice of the peace, by warrant addressed to the inhab- itants of the district qualified to vote in district affairs, stating the tin)e and place of the meeting and the subject-matter of the business to be acted upon. Sect. 5. The officers issuing a warrant for a district meeting shall insert therein any subject- matter for which application has been made to them in writing by ten or more voters, or by one sixth of the voters of the district. Sect. 6. The school board or justice issuing a warrant shall cause an attested copy of it to be posted at the place of the meeting, and alike copy at one other public place in the district, fourteen days before the day of meeting. 17 Sect. 7. If the school board does not cause a warrant for the annual meeting to be posted on or before the second Tuesday of March in any j'ear, or for a special meeting within ten days after application therefor is made to them, a justice of the peace, upon application of ten or more voters, or of one sixth of the voters of the district, may issue such warrant and cause it to be posted. Sect. 8. The warrant, with a certificate thereon, verified by oath, stating the time and places when and where copies of it were posted, shall be given to the clerk of the district at or before the time of the meeting, and shall be recorded by him in the records of the district. Sect. 9. Any person, whether male or female, but in all other respects except sex qualified to vote in town affairs, may vote at school-district meetings in the district in which such person has resided and had a home three months next pre- ceding the meeting. Sect. 10. Upon petition of ten legal voters of any district, presented in January, or if the district at its annual meeting shall have voted that a check- list be used at future meetings, the school board shall make, post, and correct a list of the legal voters in the district, as supervisors are required to do in regard to the list of voters in their towns ; and such list shall be used and checked, at the election of officers and otherwise, at the annual meeting of the district, as in case of town meet- ings. [Section 10 was amended by chapter 97 of Ses- sion Laws of 1895, as follows : 18 Section 1. That section 30 of chapter 90 of the Public Statutes shall not ])e applicable to any special school district in this state, unless a peti- tion for a check-list shall be signed by five per cent, of the legal voters of the district.] Sect. 11. If any person under the age of twen- ty-one years, or any alien not naturalized, or any person M'ho has not resided and had his home in the district for three months and in the town for six months preceding, shall vote in any district meeting, or if any person shall give in more than one vote for any officer voted for at the meeting, or if any person, being under examination before the school board as to his qualifications as a voter, shall give any false name or ansv^'er, he shall be fined not exceeding thirty dollars, or be impris- oned not exceeding three months. Sect. 12. The officers of every school district for which the law does not otherwise provide shall be a moderator, a clerk, a school board of three persons, a treasurer, and one or more auditors, and such other officers and agents as the voters may judge necessary for managing the district affairs. Sect. 13. While any district maintains a high school or unites with another district in maintain- ing one, it may have a school board consisting of three, six, or nine members, as it shall determine by vote or by-law. Whenever it ceases to main- tain or to unite in maintaining a high school, it shall thereaftervYards elect only one member to the school board each year to fill vacancies occur- ring from expiration of term of service, so that the board will decrease in numbers, year by year, until it shall be composed of only three members. 19 Sect. 14. No person shall be eligible to any school-district office unless he is a voter in the dis- trict. Sf:ct. 15. [As amended hy chapter 69, Session Laivs of 1897.] The moderator shall be chosen by ballot, by a plurality vote ; the clerk, school board, and treasurer shall be chosen by ballot, by a majority vote. The moderator, clerk, and school board shall be sworn. Sect. 16. One third of the members of the school board shall be chosen each year to hold office for three years, and until their successors are chosen and qualified, and vacancies in the board shall be filled so as to preserve such succes- sion in office. All other officers shall be chosen annually, and shall hold office for one year, and until their successors are chosen and qualified. Sect. 17. The moderator shall have the like power and duty as a moderator of a town meeting to conduct the business and to preserve order, and may administer oaths to district officers and in the district business. In case of a vacancy or absence, a moderator j^ro tempore may be chosen. Sect. 18. The clerk shall keep a true record of all the doings of each meeting ; shall deliver to the selectmen of the town an attested copy of every vote to raise money within ten days after the meeting ; shall make an attested copy of any record of the district for any person upon request and tender of legal fees therefor ; shall act as mod- erator of anj^ meeting until a moderator pro tempore shall be chosen, if the moderator is absent or the office has become vacant : and shall have the same 20 power to adniinister oaths which the moderator has. If the clerk is absent at any meeting, a clerk pro tempore shall be chosen. Sect. 19. The clerk of every school district shall, forthwith, after the election from time to time of members of the school board, report in writing their names and post-office addresses to the town clerk of the town ; and if he fails to do so, he shall be fined twenty dollars, one half for the use of the complainant and the other half for the use of the town. Sect. 20. The treasurer shall, before entering upon the duties of his office, give a bond with suf- ficient sureties to the district, to the acceptance of the school board, for the faithful performance of his official duties. Sect. 2J. The treasurer shall have the custody of all moneys belonging to the district, and shall pay out the same only upon orders of the school board. He shall keep a fair and correct account of all sums received into and paid from the dis- trict treasury. At the close of each fiscal year he shall make a report to the district, giving a par- ticular account of all receipts and payments dur- ing the year. He shall furnish to the school board statements from his books, and submit his books and vouchers to them and to the district auditors for examination, whenever so requested. Sect. 22. The auditors shall carefully exam- ine ihe accounts of the treasurer and school board at the close of each fiscal year, and at other times whenever necessary, and report to the disti'ict whether the same are correctly cast and well vouched. 21 Sect. 23. The school board shall fill vacancies occurring in the board, and in other district offices except that of moderator, until the next annual meeting of the district. In case of vacancy of the entire membership of the board, or the remaining members are unable to agree upon an appointment, the selectmen, upon application of one or more voters in the district, shall fill the vacancies so ex- isting until the next annual meeting of the dis- trict. Sect. 24. [As amended hy chapter 48, Session Laios o/1895.] A school district may require the school board to elect or appoint a superintendent of schools, who shall hold office for such term, be vested with such of the powers and charged wdth such of the duties of the school board, and be en- titled to such compensation as it may provide ; and such district may raise and appropriate money to pay the compensation. \_See chapter 47, Session Laws of 1895, and chapter 77, Session Laius of 1899.] CHAPTER 91. SCHOOLHOUSES. Section 1. District may locate by vote or committee. 2. Powers of committee limited. 3. Voters aggrieved may apply to school board. 4. School board to locate, vv^hen, 5. County commissioners to locate, when. 6. Chairman to give notice of hearings, how. 7. Vacancies in board, how filled. 90 8, Hearing, when ; decision, how made and filed. 9. District to take no steps to carry former location into effect while appeal pending. 10. Commissioners, how paid. 11. Location conclusive, for what time. 12. Kxisting lot, how enlarged. 13. Land appraised by selectmen, when. 14. Appeal by landowner. 15. Title to vest in district, when. 16. Selectmen to bnildschoolhonse, when. 17. Schools, where kept. 18. Use of schoolhouses may be granted, for what pnrposes and when. [^For cities, see cliapter 65, Session Laivs of lSi)7 .^ Section 1. The district may decide upon the location of its schoolhouses, by vote or by a com- mittee appointed for the purpose. Sect. 2. No committee shall have power to bind the district beyond the amount of money voted by it, and the district shall not be bound by any act, as a ratification of the doings of such committee, beyond their authority, unless by express vote of the district. Sect. 3. If ten or more voters of a district are aggrieved by the location of a schoolliouse by the district or its committee, they may apply by peti- tion to the school board, who shall hear the par- ties interested and determine the location. Sect. 4. If the district does not agree upon a location for a schoolliouse or upon a committee to locate the same, or if the same is not located by such committee within thirty days after its ap- pointment, the school board, upon petition of ten or more voters, shall determine the location. 23 Sect. 5. If ten or more voters of a school district are aggrieved by tlie location of a schoolhotise by the district or its committee, or by the school board, they may apply by petition to the county conunissioners within ten days after the making of the location, who shall hear the parties interested and determine the location. Sect. 6. The chairman of the county commis- sioners shall appoint a time and place within the district for a hearing upon every such petition ; and shall give notice thereof by causing attested copies of the petition and order of notice to be posted at two or more public places within the district and to be given in hand to, or left at the abode of, the clerk of the district and of one of the school board, fourteen days before the day of hearing. Sect. 7. In such cases, vacancies in the board of commissioners arising from disqualification of members or otherwise shall be filled in the same manner as like vacancies are filled in highway cases referred to them. Sect. 8. The hearing shall be closed within sixty days. The commissioners shall hear all parties interested who desii'e to be heard, and shall make their decision in writing and file it with the clerk of the district. Sect. 9. The district shall take no steps to carry into effect a former location while any sub- sequent proceedings authorized by law for a change thereof are pending. Sect. 10. The commissioners shall be paid by the district for their services the same fees as in 24 highway cases. Districts are authorized to raise money for that purpose. Sect. 11. The location of schoolhouses, how- ever made, shall be conclusive for the term of five years, unless an appeal therefrom shall be prose- cuted as provided in this chapter. Skct. 12. The school board or county commis- sioners n)ay enlarge any existing schoolhouse lot so that it shall contain not exceeding one acre, upon such petition to them and proceedings thereon as are required to authorize them to de- termine the location for a schoolhouse. Sect. 13. If any school district shall neglect or refuse to procure the lot of land selected for the location of a schoolhouse or for the enlargement of an existing schoolhouse lot, as i^rovided in this chapter, or if the owner of the land shall refuse to sell the same to the district for a reasonable price, the selectmen, upon petition to them by the school board or by three or more voters of the dis- trict, shall appraise the damages occasioned to the landowner by the taking of his land. The ap- praisal shall be made in writing, and be tiled with the clerk of the district. Sect. 14. Any landowner aggrieved by such appraisal of his damages may appeal therefrom to the supreme court by petition within sixty days after the appraisal is filed with the clerk of the district ; and the procedure and remedies upon such appeal shall be the same as in appeals from tlie assessment of damages by selectmen in high- way cases, except that service of papers shall be made upon the clerk of the district and one of the 25 school board, instead of the town clerk and one of the selectmen, and except as provided in the fol- lowing section. Sect. 15. Upon payment or tender of the dam- ages awarded, 'the land, shall vest in the district, and it may take possession of it. Such payment or tender may be made in accordance with the award of the selectn)en before an appeal is taken, or while an appeal is pending, and shall have like effect. In such case, if the damages are increased upon appeal the landowner shall have judgment for the excess ; if decreased, the district shall have judgment for the amount of the decrease. If the result of the appeal is to change the award of dam- ages in favor of the landowner, he shall recover costs ; otherwise, he shall pay costs. Sect. 16. If a district shall refuse or neglect to build, repair, remove, or fit up a schoolhouse, or shall refuse or neglect to build a schoolhouse npou or to remove it to the lot designated as aforesaid, the selectmen, npon petition of three or more voters of the district, after hearing the parties, may assess upon the district and collect such sums of money as may be necessary, and therewith cause such schoolhouse to be built, removed, re- paired, or fitted up. Sect. 17. The schools of a district shall be kept in its schoolhouses, if it has suitable houses that will accommodate the scholars ; if not, the school board shall provide suitable accommoda- tions for the schools at the expense of the district. Sect. 18. A school district or the school board thereof may grant the use of any schoolhouse in the district for a writing or singing school, and 20 for religions and other meetings, whenever snch use will not conflict with any regular school exer- cise. The persons so using a schoolhouse shall be liable for any damages to the same and to the property therein. CHAPTER 93. SCHOOL BOARD, TEACHERS AND TRUANT OFFICERS. Skction 1. Board to provide schools. 2. To hire teachers. 3. May dismiss teachers, when. 4. Teacher to receive no pay for services rendered after dismissal. 5. Rules and regulations lo be prescribed bj- the board. 6. Branches of studj* prescribed, and examination of teachers. 7. P'ree text-books. 8. United States flags to be purchased at expense of town. 9. Text-books favoring religious sect or political part^^ not allowed. 10. School boards to furnish registers and visit schools. 11. Teacher to return the register, when. 12. School board to make report annually. 13. School boards shall send reports to superintendent of public instruction. 14. Penaltj' for neglect. 15. Schoc^ boards shall appoint truant officers. 27 i6. Tenure of office. 17. Duties in regard to truants. iS. Duties in regard to children in manufacturing estab- lishments. 19. Compensation of school board. 20. .School daj"-, etc., what. 21. Teachers may attend institutes. Section 1. The school board of every dis- trict shall provide schools at such places within the district and at such times in each year as will best subserve the interests of education, and will give to all scho'ars of the district as nearly equal advantages as may be practicable. They may use a portion of the school money, not exceeding twenty-five per cent, for the pur- pose of conveying scholars to and from the schools. Sect. 2. \_As amended hy chapter 50, Session Laios of 1895.] The school board shall select and hire suitable and competent teachers holding cer- tificates, as provided by law, shall provide neces- sary fuel, and shall make such occasional repairs of the schoolhouses and furniture as may be necessary, not exceeding in cost five per cent, of the school money. Sect. 3. \^As amended hy chapter 51, Session Laws of 1895.] They shall dismiss any teacher found by them to be unsuitable or incompetent or who shall not conform to the regulations by them prescribed. Sect. 4. No teacher shall recover pay for ser- vices rendered after notice of dismissal. 28 Sect. 5. The school board may prescribe reg- ulations for the attendance upon, and for the man- agement, studies, classification, and discipline of the schools; and such regulations, when re- corded by the district clerk, and a copy thereof has been given to the teachers and read in the schools shall be binding upon scholars and teach- ers. Sect. G. [As amended hy chapter 40, Ses- sion Laws of 1895, and chapter 31, Session Laws of 1903.] They shall prescribe in all mixed schools and in all graded schools above primarj^, the studies of physiology and hygiene, having special reference to the effects of alcoholic stimu- lants and of narcotics upon the human system, and shall see that the studies so prescribed are thoroughly taught in said schools and that well approved text-books upon these subjects are furnished to teachers and scholars, and that the constitution of the United States and of the state of New Hampshire be read aloud by the scholars at least once dui-ing the last year of the course below the High School, and may permit or pre- scribe the study of algebra, geometry, surveying, bookkeeping, philosophy, chemistry, and natural history, or any of them, and other suitable studies.* School boards shall, annually, in the month of June or July, and at such other times as they deem best, hold an examination of can- didates for certificates of qualification to teach ^Section 2, chapter 40, T^aws of 1S95. If any member of the school board shall nco^lect or refuse to comply with the provisions of the first paragraph of section 6, he shall forfeit the sum of two hundred dollars. 29 in tlie public schools. Candidates shall be exam- ined ill the studies prescribed by law, or by the school board in accordance with law. Such can- didates as pass an examination satisfactory to the school board, and present satisfactory evidence of good moral character and capacity for govern- ment, shall receive certificates of qualification signed by the school board, to continue in force not more than one year from the date thereof.* Sect. 7. [.45 amended by chapter 50, Session Laws of 1895.] They shall purchase, at the expense of the city or town in which the district is situated, text-books and other supplies required for use in the public schools ; and shall loan the same to the pupils of such schools free of charge, subject to such regulations for their care and custody as the school board may prescribe. They shall make provision for the sale of such books at cost to pupils of the school wishing to purchase them for their own use. Sect. 8. \^As amended, by chapter 39, Session Lav:s of 1903. Chapter 50, Session Laws of 1895.] They shall purchase at the expense of the city or town in which the district is situated, a United States flag of bunting not less than five feet in length with a flag-staffc' and appliances for displaying the same, for every schoolhouse in the district in which a public school is taught not oth- erwise supplied. They shall prescribe rules and regulations for the proper custody, care, and display of the flag ; and whenever not otherwise displayed, it shall be placed conspicuously in the * See chapter 49, Session I^aws of 1S95, page 49. 30 principal room of the schoolhouse. Any members of a school board who shall refuse or neglect to comply with the provisions of this section shall be fined ten dollars for the first olfense and twenty dollars for every subsequent offense. Not more than ten dollars shall be expended for the flag, flag-staff", and a])pliances for any one schoolhouse, and the school board shall have the same control over its preservation and display that it has over the other district property. Sect. 9. [^As amended by chapter 50, Session Laws of 1895.] No book shall be introduced into the public schools calculated to favor any particu- lar religious sect or political party. Sect. 10. They shall furnish to every teacher one of the blank registers provided by the super- intendent of public instruction, and shall visit and examine each school in their district at least twice in each term, once near the beginning and once near the close thereof. Sect. 11. Every teacher shall niake the en- tries in the register required by the supeiintend- ent of public instruction, and at the close of the term shall return the register to the school board. Tw^enty dollars of the wages of every teacher shall be withheld until he lias made such return. Sect. 12. \^As amended by chapter 50, Session Laws of 1895.] School boards shall file with the selectmen on or before the first day of August, in each year, their reports to their respective dis- tricts, stating the number of weeks the public schools have been kept in their districts in sum- mer and winter, and what portion by male and what by female teachers ; the number of teachers 31 employed during the year, reckoning successive teachers employed in the same school as one teacher ; the number of days' attendance of all the pupils of the district, inclusive of days spent by teachers of the schools of said district in at- tendance upon teachers' institutes as provided by law and days spent in attendance upon the annual meeting of the state teachers' association, and tlie average attendance of pupils during the re- mainder of the term shall be considered as the attendance of the pupils during such days ; the number of scholars who have attended each school; the number who have attended to each study ; the number of scholars of their districts not less than five years of age who have attended the public schools in their district not less than two weeks during the year ; and containing such suggestions relative to the schools as they may think useful. School boards of town districts shall also include in their reports a statement of the number of children qf each sex reported by the truant officer or agents of the school board ; the number of each sex between the ages of five and sixteen years who have not attended school ; the number of scholars not less than five years of age who have attended the district schools in the town not less than two weeks dui'ing the year, and the number of persons in each district be- tween the ages of fourteen and twentj^-one years who cannot read and write. Sect. 13. [As amended hy chapter 50, Session Laws of 1895, and chapter 5, Sessioji Laios of 1903.] School boards shall on or before the fifteenth day of July in each year, send to the 32 superintendent of public instruction copies of their annual reports and answers to the questions proposed by him, relating to the schools in their district; the school year shall begin with the fall term. Sect. 14. Any nien)ber of a school board who shall neglect or refuse to comply with the provi- sions of the preceding section shall be fined not exceeding fifty dollars. Sect. 15. \^As amended hij chapter 70, Session Laws 0/1899.] School boards shall appoint truant otficers for tlieir districts, and fix their compensa- tion at a reasonable rate, which compensation shall be paid by the towns. Sect. 16. Truant officers shall hold office for one year, and until their successors shall be ap- pointed, but they may be removed by the school board at any time for cause. Sect. 17. [.l^^ amended hy chapter 70, Session Lawsofl'^d^.'] Truant officers shall, under the direction of the school board, enforce the laws and regulations relating to truants and children be- tween the ages of eight and sixteen years not at- tending school, and without any regular and law- ful occupation ; and the laws relating to the attendance at school of children between the ages of eight and sixteen years. Sect. 18. \_As amended hy chapter 70, Session Laws of 1899.] Truant officers shall, if re- quired by the school board, enforce the laws pro- hibiting the employment of children in manufac- turing, mechanical, or mercantile establishments, who have not attended school the prescribed time ; 33 and for this purpose they may, when so author- ized and required by vote of the school board, visit the manufacturing, mechanical, and mercantile es- tablishments in their respective cities and towns, and ascertain whether any children under the age of sixteen are employed therein contrary to the provisions of law, and they shall report any cases of such illegal employment to the school board ; and the truant officers, when authorized as afore- said, may demand the names of all children under sixteen years of age employed in such manufac- turing, mechanical, and mercantile establishments, and may require that the certificates and lists of such children provided for by lav^ shall be pro- duced for their inspection. Truant officers shall inquire into the employment, otherwise than in such manufacturing, mechanical, and mercantile establishments, of children under the age of six- teen years, during the hours when the public schools are in session, and may require that the certificates of all children under sixteen shall be pi'oduced for their inspection ; and any such officer may bring a prosecution against a person or corpo- ration employing any such child, otherwise than as aforesaid, during the hours when the public schools are in session, contrary to the provisions of law. A refusal or failure on the part of an employer of children under sixteen years of age to produce the certificate required by law, when requested by a truant officer, shall be prima facie evidence of the illegal employment of the child whose certifi- cate is not produced. 34 Truant officers shall have authority without a warrant to take and place in school any children found employed contrary to the laws relating to the employment of children or violating the laws relating to the compulsory attendance at school of children between the ages of six and sixteen j^ears. Sect. 19. The school board, upon satisfying the selectmen that they have attended to the du- ties and made the reports by law required, shall be paid such reasonable compensation as the town or selectmen may determine. Sect. 20. In the absence of express contract, a session of three hours in the forenoon and three hours in the afternoon shall constitute a school day, five such days a school week, and four such weeks a school month, in the public schools. Sect. 21. [As amended hy chapter 29, Session Laws of 1903.^ Teachers of public schools may attend teachers' institutes held within the state, as provided by law, not exceeding three days in any term or five days in any year, and the time so spent shall be regarded as spent in the service of the district. CHAPTER 93, SCHOLARS. Section 1. Scholar not to attend where not a resident without leave. 2. Children not to attend school unless vaccinated. 3. May be dismissed for misconduct. 4. To attend where assigned. 35 5. Penalty for attending without right. 6. District may make by-laws as to truants. 7. Offenders against by-laws, how punished. 8. Fine may be remitted, etc. 9. May attend school upon giving bond for good behavior. 10. Children under twelve not to be employed in manufac- turing establishments. 11. Children under si.xteen who cannot read and write English may be so emplo5'ed, when. 12. No minor to be employed unless he can read or write Knglish when evening school is in session. 13. Penalties in such cases for violation of the .statutes. 14. Parents required to send children to school. 15. Superintendent of public instruction authorized to en- force attendance laws. 16. School boards to furni.sh copy of law in certain cases. 17. Persons disturbing school, how punished. 18. School board to prosecute offenders. 19. lyiraitation of prosecutions. 20. Certificates from private schools. Section 1. No person shall attend school, or send a scholar to the school, in any district of which he is not an inhabitant, without the consent of the district or of the school board. Sect. 2. [.4 s amended hy chapter 19, Session Laivs 0/1901.] No chihl shall attend any public, parochial, or private school unless he has been vac- cinated or has had the smallpox, and this section shall be enforced by the board of health. Sect. 3. Any scholar may be dismissed from school by the school board for gross misconduct, or for neglect or refusal to conform to the reason- able rules of the school ; and he shall not attend the school until restored by the school board. 36 Sect. 4. No scholar who shall have been as- signed to a particular school by the school board shall attend any other school in the district until assigned thereto. Sect. 5. If any scholar, after notice, shall attend or visit a school which he has no right to attend, or shall interrupt or disturb the same, he shall be fined for the first ott'ense five dollars, and for any subsequent offense ten dollars, or be im- prisoned not exceeding thirty da3's. Sect. 6. Districts may make by-laM'S, not repugnant to law, concerning habitual truants and children between the ages of six and six- teen years not attending school and not having a regular and lawful occupation, and to compel tiie attendance of such children at school, and may annex penalties for the breach thereof not exceed- ing ten dollars for each offense. Sect. 7. Any offender against such by-laws, upon conviction, may be sentenced to pay a fine and to be committed to the Industrial School until it is paid or he is otherwise discharged, or he may be sentenced to the Industrial School for a term not exceeding one year. Sect. 8. The court or justice imposing a fine upon any such offender may remit it upon proof that he is unable to pay it, and has no parent, guardian, or person chargeable with his support, able to pay it, and iiuiy discharge him from the Industrial School if he has been committed there for non-payment thereof. Sect. 9. Any such offender so convicted may give bond to the district in the penal sum of 37 twenty-five dollars, with sufficient sureties, ap- proved by the court or justice before whom he was convicted, conditioned to attend regularly some school kept in the district for one term next ensuing, to comply with the regulations thereof, and to be obedient and respectful to the teacher ; and his fine raa}^ thereupon be remitted by such court or justice upon payment of the costs. Sect. 10. \^As amended hy chapter 61, Session Laws of 1901.] No child under the age of twelve years shall be employed in any manufacturing establishment. No child under the age of four- teen years shall be employed in any manu- facturing establishment, nor in any mechanical, mercantile, or other employment during the time in which the public schools are in session in the district in which he resides. Sect. 11. [^As amended hy chapter 61, Session Laivs of 1901] No child under the age of sixteen years shall be employed in any manufacturing establishment, or in any mechanical, mercantile, or other employment, during the time in which the public schools are in session in the district in which he resides, without first presenting a state- ment of his age from his parent or guardian, sworn to before the superintendent of schools, or, if there is no superintendent of schools, before some person authorized by the school board of the dis- trict in which such child is employed. And no child under the age of sixteen years shall be employed as aforesaid during the time in which the public schools are in session in the district in which he resides without first present- ing a certificate from the superintendent of 38 schools, or, if there is no superintendent of scliools, some person authorized by the school board, that such child can read at sight and write legibly siniple sentences in the English language. And any superintendent of schools or person authorized by the school board who certifies falsely as to matters prescribed by this section shall be fined not less than twenty nor more than fifty dollars for each offense. Sect. 12. [^1.? amended by cliapler 61, Sesfiion Laws of 1901.] No minor shall be employed in any manufacturing establishment, or in any me- chanical, mercantile, or other employment, who cannot read at sight and write legibly simple sentences in the English language, while a free public evening school is maintained in the district in which he resides unless he is a regular attend- ant at such evening school or at a day school ; provided, that upon presentation by such minor of a certificate signed by a regular practising physi- cian, and satisfactory to the superintendent of schools, or, whei'e there is no superintendent of schools, the school board, showing that the phys- ical condition of such minor would render such attendance in addition to daily labor prejudicial to his health, said superintendent of schools or school board shall issue a permit authorizing the employment of such minor for such period as said superintendent of schools or school board may determine. Said superintendent of schools or school board, or teachers acting under authority thereof, may excuse any absence from such even- ing school arising from justifiable cause. Any parent, guardian, or custodian who permits to be 39 employed any minor under his control in violation of the provisions of this section shall forfeit not more than twenty dollars for the use of the even- ing schools of such town or city. Sect. 13. [As amended by chapter 61, Session Laivs of 1901.] If any owner, agent, superin- tendent, or overseer of a manufacturing, mechan- ical, or mercantile establishment or any other person shall employ any child in violation of the provisions of either of the three preceding sec- tions, he shall be fined not exceeding fifty dollars for each offense, for the use of the district. Sect. 14. [As amended hy chapter 61, Session Laios of 1901, a7id chapter 13, Session Laws of 1903.] Every person having the custody and con- trol of a child between the ages of eight and fourteen years, or of a child under the age of sixteen years, who cannot read at sight and write legibly simple sentences in the English language, residing in a school district in which a public school is annually taught, shall cause such child to attend the public school all the time such school is in session, unless the child shall be ex- cused by the school board of the district because his physical or mental condition is such as to prevent his attendance at school for the period required, or because he was instructed in the English language in a private school approved by the school board for a number of weeks equal to that in which the public school was in session in the common English branches, or, having ac- quired those branches, in other more advanced studies. Any person who does not comply with the requirements of this section shall be fined ten 40 dollars for the first offense and twenty dollars for every subsequent offense, for the use of the dis- trict. Sect. 15. [^is amended hy cliapter 61, Session Laws of 1901.] The state superintendent of public instruction shall have authority to enforce the laws rehating to attendance at school and the employment of niinors, and, for this purpose, he and any deputy appointed by him shall be vested with the powers given by law to truant officers when authorized by school boards to enforce the laws relating to attendance at school and the employment of children. And the expenses necessarily incurred by the state superintendent in such enforcement shall be paid, as audited and allowed by the governor and council. Sect. 1G. The school board of every district shall cause a copy of the two preceding sections to be sent to every person who they have reason to believe does not comply with the requirements of section fouileen of this chapter. Sect. 17. Any person, not a scholar, who shall wilfully interrupt or disturb any school shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days. Sect. 18. It shall be the duty of the school board to prosecute offenders for violations of the provisions of this chapter. If they neglect to perform this duty they shall forfeit twenty dollars for each neglect, for the nse of the district, to be recovered in the name of the district by the select- men of the town. All necessary expenses incurred in such proceedings shall be paid by the district. 41 Sect. 19. No prosecution under this chapter shall be sustained unless begun within one year after the offense is committed. Sect. 20. \_E'nacted hij chapter 62, Session Laws of 1895.] No certificate as provided in the foregoing secLions shall be issued for attendance at any private school, unless such school shall have previously been approved by the school board of the district in which it is situated as furnishing instruction in the English language in all the studies required by law equal to that given in the public schools of said district, and unless the record of attendance shall be kept in the form required of the public schools, and be open to the inspection of the school board of the district at all times. CHAPTER 94. SUPERINTENDENT OF PUBLIC INSTRUC- TION. Section 1. vSuperinteiident, how appointed; tenure of office. 2. His duties defined. 3. To visit and lecture in towns. 4. To organize and hold teachers' institutes. 5. To appoint suitable person to attend in case he cannot. 6. Kxpense of institutes provided for. 7. How paid. 8. His accounts audited, how. 9. To send copy of his report to school boards. 10. Clerical expenses provided for. 42 Section 1. 'I'lie govi'inoi-, with udvice of coun- cil, slijill apjjoiiii ;i siii)eriiik!ii(len(i ol" public in- struction, who sluiU hold oliice i"or tlie term of two years, and .shall liave general supervision and con- trol of the educational interests oL' the state. Si'Xri'. 2. [yl.s aiiwiulcd htj cliapter '35, Ses- sion Lairs <)/' li^UT), and chapter O'], Session Lams of VJO'-S.] The superintendent of public instruc- tion shall prescribe the form of register to be kept in the schools, and the form of blanks and incpiir- ies for the returns to be made by the school boards, and shall S(\asoiuibly send the same to the clerks of the several towns and cities for the use of the school boards therein ; he shall receive, pre- serve, or distribute all state documents in regard to public schools or education, and shall receive and ai'range in his oHice re[)oi'ts and returns of school boards ; he shall investigate the condition and elli- ciency of the system of popular education in the state, especially in relation to the amount and character of the instructioti given to the study of l)hysiol()gy and hygicuie, having sj^ecial refei'ence to tlu! elfects of alcoholic stimulants and of nar- cotics upon the human system, ;ind shall rccom- njend to school boards what he considers the best text-books upon those subjects and suggest to them the best mode of teaching them, and shall pursue such a course for the puri)ose of awakening and guiding juiblic sentinumt in relation tluM'cto as nuiy seem to him best, and he shall biennially make a rejtort, containing a concise abstract of the returns ol' the school boards, a detailed report of his own doings, a statement ol' the condition and progress of popular education in the state, and 43 such suggestions and recommendations in regard to improving the same as liis inroi-matit)n and judgment nuiy dictate. He shall liave authority at the close oi" each biennial session oi' tlie legis- lature to compile and issue at the expense of the state an edition of the school laws with the ses- sion amendments, not exceeding two thousand copies. Skct. 3. lie shall visit and lecture upon edn- cational subjects in as many towns and cities of the state during the term of his olllce as the time occupied by his other odicial duties will ]»ei-mit. Skct. 4. lie shall organize, superintend, and hold at least one teachers' institute each year in each county of the state, and appoint the time and place, and make suital)le arrangements therefor. Skct. 5. In case he is unable for any cause to conduct in person any institute, or to mnlco the necessary arrangenuuits therefor, he shall a]>point the principal of the state normal school, or some other suitable person, for that purpose. Skct. 6. The state treasurer is authorized and instructed to invest, as a permanent institute fund, the proceeds of the sale of the state lands effected under the authority of a joint resolution approved «June 28, 1867, and the annual income thereof is set apart for the support of teachers' institutes. Skct. 7. The superintendent of public instruc- tion may draw upon the states trtiasurer each year for such part of said inconie as may be iXMpiired to defray the necessary expenses of the institutes, and for procuring suitable instruction and lec- turers for the same. 44 Sect. 8. His account for the expenses of the institutes shall be audited each year by the gov- ernor and council, and he shall incorporate in his annual report a report of the institutes and of the expenses of the same. Sect. 9. He shall forward to the chairman of every school board in the state a copy of each of his annual reports. Sect. 10. [.l.s amended hij chapter 36, Session Laws of lS9d.^ The sum of ten hundred dollars, or such part thereof as may be needed, is annually appropriated for clerical expenses of this depart- ment. CHAPTER 95, NEW hampshirp: state normal > SCHOOL. Section 1. Normal school, its object. 2. Trustees of school, and tenure of office. 3. How organized. 4. To employ principal of school. 5. Courses of study. 6. Admission and graduation. 7. Tuition free, in what cases. 8. Annual appropriation and b}' whom expended. 9. Normal teachers to assist at institutes. 10. Superintendent of public instruction to report condi- tion of school. 45 Section 1. The New Hampshire State Nor- mal School, as heretofore established and located, is continued. The instruction in the school shall be confined to such branches as will specially pre- pare the pupils to teach in the public schools, and to such other branches as are usually taught in normal schools. The school shall be in session at least twenty weeks in each year. Sect. 2. \^As amended hy chapter 3, Session Laws of 1903.] The management of the school shall be vested in a board of trustees composed of the governor, the superintendent of public instruc- tion, and five other persons who shall be appointed by the governor, with the advice of the council, and shall hold office for five years, one of whom shall be appointed each year. Sect. 3. The board shall choose from its mem- bers a president and secretar}^, and such commit- tees and other oflicers as may be necessary to transact its business, and may choose a treasurer who is not a member of the board. They shall meet at least once each year and shall receive no compensation for services, but shall be paid their reasonable expenses while engaged in the per- formance of their duties. Sect. 4. They shall select and employ a principal teacher for the school, who shall be allowed with their advice and consent, to select the assistants and provide for the discipline of the school. Sect. 5. The trustees, with the principal, shall arrange courses of study for the school. Sect. 6. The trustees and principal shall pre- scribe and control the examinations for the 46 aclniission and graduation of pnpils, and the}' shall grant certificates of graduation to such as com- plete either course and pass the required examina- tions. Sect. 7. Tuition and graduation shall be free to all those completing either course of stud}" who will agree to teach in the public schools of this state for a period equal to the length of such course. The trustees shall make such provisions as may be necessary to effect the purposes of this section. Sect. 8. [As amended hjj chapter .59, Ses.'iioii Laics of 1903.] The sum of twenty-five thousand dollars is annually appropriated for the mainte- nance of the school, to be expended as the trus- tees shall direct. Sect. 9. The principal and teachers of the State Normal School shall assist and give instruc- tion at teachers' institutes, so far as they can without interfering with their duties in the nor- mal school, but they shall receive no additional compensation, except for travel and other actual and necessary expenses while so employed. Sect. 10. The superintendent of public instruc- tion, in his annual report, shall state the condition of the school, the terms of admission and gradua- tion, the times of the commencement and close of the sessions, and shall cause the same to be printed on the cover of the school register. 47 CHAPTER G4, SESSION LAWS OF 1891. An Act in relation to special school districts. Section 1. Whenever any school district or- ganized under a special act of the legislature shall vote to abolish such district and to unite with the town district, if said town district shall vote to receive said special district, if said special district has for the five years next preceding such vote maintained a high school, it shall be incumbent on the town district with which it unites to there- after keep and maintain within the limits of said specia,! district a high school for at least thirty four weeks in each year, and of equal grade to that which had been previously maintained therein by such special district, said high school to be open to all scholars in the town district, of suitable age and qualifications. Sect. 2. It shall be the duty of said town dis- trict to raise and appropriate each year thereafter sufficient money in addition to the school money which the town in which it is situated may raise, to properly maintain such high school, or schools, as may be established under the preceding sec- tion. Sect. 3. Any high school hereby established may be discontinued, or the location thereof changed, by the supreme court, on petition of tiie school board of the town district in which it is located, after such notice as the court may order, if it shall appear that the educational interests of the tovim district require such discontinuance or chanoe. 48 Sect. 4. Any town district failing to compl,y with tlie provisions of this act, or any of tiieni, sliall be fined for such neglect. Sect. 5. This act shall take effect on its pas- sage, and all acts or parts of acts inconsistent with this act are hereby repealed. CHAPTER 72, SESSION LAWS OF 1893. An Act to provide for annexing parts of towns to adjoining towns for school purposes. Section 1. Any person interested in severing part of any town tlierefroni and annexing it to another town, or school district therein, for school purposes, may apply therefor by petition to the selectmen of the town from which it is proposed to sever such territor}^, and to the selectmen of the town to which it is proposed to annex the same. Sect. 2. It shall be the duty of said selectmen, upon notice to such petitioners and to the school boards of the respective towns and school districts interested in the proposed transfer, to hear the parties, and determine whether the reasonable accommodation of such petitioners or others re- quires such transfer, and to make return of their findings to the clerks of their respective towns in writing within thirty days. Sect. 3. If a majorit^^of each of said boards of selectmen report in favor of such transfei", they shall sign a certificate of that fact, describing such territory, and stating that it is annexed to such adjoining town, or district therein for school pur- poses, which certificate shall be recorded by the town clerk of each town. 49 Sect. 4. Any territory now or hereafter an- nexed for school purposes to an adjoining town or school district therein, may, upon proceedings such as have been prescribed in the foregoing sec- tions of this act, be restored to the town or dis- trict from which it has been severed. Sect. 5. The annexation of territory under this "act shall have the same force and validity as if made by a special act of the legislature. Sect. 6. The selectmen and collector of any town to which part of any other town is now or may hei'eafter be annexed for school purposes shall have the same powers and duties in respect to such annexed territory, of furnishing blank inventories and of assessing and collecting taxes for school purposes, and the inhabitants and own- ers thereof shall for such purposes be subject to the same liabilities, as if such territory were in tlie town to Avhich it is or may be annexed. Sect. 7. [As amended hy chapter 75, Session Laws of 1895.] The selectmen of any town, and the school board of any high school or other spe- cial district in the same town, may, upon petition of persons interested, after notice to the school board of the town school district of such town, and after hearing the parties, unite parts of either district to the other, a majority of the board of selectmen and a majority of the school board of such special district, and a majority of the school board of the town school district concurring therein, and their decision in writing being re- corded on the town records. [Section 6 was amended by chapter 26 of the Session Laws of 1897, as follows : 50 Sp:ction 1. Section 6 of chapter 72 of the Ses- sion Laws of 1893 shall not apply to special districts, but only to town districts, and all special taxes voted by said districts shall be assessed and collected in the same maimer as they were assessed and collected prior to tlie enactment of said chapter 72.] CHAPTER 47, SESSION LAWS OF 1895. An Act in relation to the grouping of towns for the purpose of employing a superintendent of schools. Skction 1. Two or more towns or special dis- tricts may, by vote of each, form a district for the purpose of employing a superintendent of the public schools therein, who sliall perform in each town the duties prescribed by law and the regula- tions of the school boards. Sect. 2. Such superintendent shall be appointed by a joint committee composed of the school board of each of the towns in said district, who shall determine the relative amount of ser- vice to be performed by him in each toM'n, and shall fix his salary and apportion the amount thereof to be paid by the several towns, and certify such amount to the treasurer of each town. Said joint committee shall, for said purposes, be held to be the agents of each town composing such district. 51 CHAPTER 49, SESSION LAWS OF ]895. An Act to provide for the exaniiDatiou and certi- ficatioii of school teachers by the superintendent of public instruction. • Section 1. The superintendent of public in- struction shall cause to be held, at such convenient times and places as he may from time to time designate, public examinations of candidates for the position of teacher in the public schools of the state. Such examinations shall test the profes- sional as well as the scholastic abilities of candi- dates, and shall be conducted by such persons and in such manner as the superintendent of public instruction may from time to time designate. Due notice of the time, place, and other conditions of the examinations shall be given in such public manner as the superintendent of public instruc- tion may determine. Sect. 2. A certificate of qualifications shall be given to all carididates who pass satisfactory ex- aminations in 'such branches as are required by law to be taught, and who in other respects fulfill the requirements of the superintendent ; such cer- tificate shall be either probationary, or permanent, and .shall indicate the grade of school for which the person named in the certificate is qualified to teach. Sect. 3. A list of approved candidates shall be kept in the office of the department of public in- struction and copies of the same, with such in- formation as may be desired, shall be sent to school committees* upon their request. *School Boards. 0-J Sect. 4. [As amended hy . chapter 12, Session Laws o/1899.] The certificates issued under the provisions of tliis act shall be accepted by school committees* in lieu of the personal examination required by section 6 of chapter 92 of the Public Statutes. Sect. 5. A sum not exceeding three hundred dollars may be annually expended from the income of institute fund for the necessary and contingent expenses of carrying out the provisions of this act. CHAPTER 46, SESSION LAWS OF 1895. An Act requiring truant officers or agents ap- pointed by the school boards of cities and towns to make an annual enuHieration of chil- dren between the ages of five and sixteen years. \_As amended hy chapter 86, Session Laios of 1903.] Section 1. Truant officers or agents appointed by school boards of cities and towns shall annually, in the month of Octobei', make an enumeration of the children of each sex, between the ages of five and sixteen years, in their town or city, giving such items in regard to each child as may be re- quired by the school board or the state superin- tendent of public instruction, and shall make a report to the scliool board thereof within fifteen days after the completion. Sect. 2. Section 14, chapter 43, Public Stat- utes, and any other acts inconsistent with this act, are hereby repealed. * Scliool Boards. 53 CHAPTER 14, SESSION LAWS OF 1897. An Act providing that certain sessions of the public schools shall be devoted to exercises of a patriotic nature. Section 1. In all the public schools of the state one session during the week in which Memo- rial Day falls, or a portion thereof, shall be de- voted to exercises of a patriotic nature. CHAPTER 65, SESSION LAWS OF 1897. An Act in addition to chapter 91 of the Public Statutes, in relation to schoolhouses. Section 1. The school board of cities shall have sole power to select and purchase land for schoolholl^e lots. When said board has secured, by vote of the city councils, an adequate appropri- ation for the purchase of a specified lot at a speci- fied price, then said board may make the purchase. Sect. 2. No schoolhouse shall be erected, altered, remodeled, or changed in any city school district, unless the plans thereof have been previ- ously submitted to the school board of that dis- trict and received its approval, and all new school- houses shall be constructed under the direction of a joint special committee, chosen in equal num- bers by the city councils and the school board. Sect. 3, Upon the completion of a new^ school- house, the city councils shall, by vote, transfer it to the care and control of the school board. When- ever a schoolhouse shall , no longer be needed for 54 public school purposes, the school hoard shall re- transfer its care and control to the city. Sect. 4. The provisions of the three preceding se*ctions shall not apply to the Union School Dis- trict of Concord, or to the Union School District in the citv of Keene. CHAPTER 44, SESSION LAWS OF 1897. An Act relating to shade trees. Section 1. AVhenever any party, at a proper time of the year, shall present to the selectmen of any town or ward well-grown nursery trees of the nut, shade, or ornamental varieties, such selectmen may set out said trees in the highways, cemeter- ies, commons, schoolhouse yards, and other public places, as indicated by the donor of said trees, and protect the same at the expense of the town. Sect. 2. Nothing in this act shall be construed to compel any party to have trees set in the high- v^ay on the side next his land without his consent. CHAPTER 77, SESSION LAWS OF 1899. An Act to ecpialize the school privileges of the cities and towns of the state. Section 1. Two or more towns or special dis- tricts, or their school boards when duly author- ized by their respective districts, may, by vote of each, form a supervisory district for the purpose of employing a superintendent of the public schools therein, who shall perform in each town 55 the duties prescribed by law and by the regula- tions ot" the school boards, giving thereto his entire time. Sect. 2. The school boards of the several dis- tricts forming the supervisory district shall con- stitute a joint committee which for all purposes of this act shall be the agent of each disti'ict therein represented. Said committee shall meet between April 1 and August 1 of each year, as may be agreed upon by the chairmen of the several boards, and organize by the choice of a chairman, a secre- tary, and a treasurer. It shall elect a superintend- ent for such supervisory district, determine the character and value of his services, and apportion the same among the several districts, certifying such apportionment to their respective treasurers. Sect. 3. [As amended by clicqiter 18, Session Lmvs of 1901.] Any town or special district which shall unite with one or more districts to form a supervisory district, which shall employ as superintendent, at an annual salary, a person hold- ing a permanent state teachers' certificate, and shall certify through its chairman and secretary such facts to the state treasurer, shall be entitled to one half its apportioned share of said salary, said sum to be paid by him in December of each year to the town treasurer of each town in said supervisory district, upon sworn statement of the state superintendent of public instruction certify- ing as to what amount each town is entitled. This section shall not apply to cities. Skct. 4. Supervisory districts formed under this act shall employ not fewer than twenty nor more than sixty teachers. 56 Sect. 5. Every scliool district in the state shall maintain its schools at least twenty weeks during every school year. Sect. 6. The sum of twenty-live thousand dol- lars ($25,000) shall be appropriated annually from the state treasury for the purj^oses of this act. Twenty-five per cent, of the entire appro- priation shall be set apart each year to carry into effect section three of this act. Any portion of the sum so set apart, and not expended as afore- said, shall remain in the state treasury, to be used in any subsequent year, if needed, to carry out the purposes of said section. The remainder shall be paid by the state treasurer in December of each year to all the towns of the state in which the equalized valuation is less than $3,000 for each child of the average attendance in the public schools of such towns during the school year next preceding, and such other towns as may be added as hereinafter provided on the sworn statement of the superintendent of public instruction certify- ing as to what amount each town is entitled, in direct propoition to said average attendance, and in inverse proportion to the equalized valuation per child, and shall be used exclusively for the support of the public schools. The governor and council may, upon recommendation of the super- intendent of public instruction, add to the class of towns specified above in this paragraph such other towns as may seem from their peculiar con- ditions to need relief from too great a burden of school tajiiition. Sect. 7. No town shall receive any benefit under this act nor any portion of the literary 57 fund unless its returns have been made to the superintendent of public instruction as I'equired by chapter 92, section 13, of the Public Statutes, nor u*nless its schools have been maintained at least twenty weeks during the school year next preceding. [Chapter SI, Session Laws of 1901, in amendment of chapter 77, Session Laws of 1899.] Section 1. Any town or special district which has united, or may hereafter unite, with any other town or towns, district or districts, to form a supervisory district, as provided by chap- ter 77 of the Laws of 1899, may, at any annual school district meeting, by vote, rescind such action, and thereupon shall, at the end of the school year or at the expiration of the period for which such supervisory district may then already have contracted for the services of a superintend- ent, cease to be a part of such supervisory dis- trict. CHAPTER 112, SESSION LAWS OF 1901. An Act to establish evening schools. Section 1. Upon petition of five per cent, of the legal voters of any city or town having more than five thousand inhabitants, according to the latest United States census, said city or town shall establish and maintain, in addition to the schools required by the law to be maintained therein, evening schools for the instruction of 58 persons over fourteen years of age in such branches of learning and art as the school board shall deem expedient. Skct. 2. The school board of such cities and towns shall have the same superintendence over such evening schools as they have over other schools, and may determine the term or terms of time in each year and the hours of the evening during which such schools shall be kept, and may make such regulations as to attendance at such schools as they may deem expedient. Sect. 8. Nothing contained in this act shall exempt any person from the requirements of chap- ter 93 of the Public Statutes. CHAPTER 96, SESSION LAWS OF 1901. An Act relating to high schools. Section 1. [As ajiiended by Chapter 118, Ses- sion Laws of 1903.] Any town not maintaining a high school or school of corresponding grade shall pay for the tuition of any child who with parents or guardian resides in said town and who attends a high school or academy in the same or another town or city in this state, and the parent or guardian of such child shall notify the school board of the district in which he resides of the high school or academy which he has determined to attend, provided, hoirecer, that no town shall be liable for tuition of a child in any school, in excess of the average cost per child of instruction for the regularly employed teachers of that school 59 and the cost of text-books, supplies, and appara- tus during the school year preceding, nor, in any case, shall the town be liable for tuition of any child in excess of forty dollars per year. Sect. 2. If any town in which a high school or school of corresponding grade is not main- tained neglects or refuses to pay for tuition as provided in the preceding section, such town shall be liable therefor to the parent or guardian of the child furnished with such tuition, if the parent or guardian has paid the same, or to the town or city furnishing the same in an action of contract. Sect. 3. Five thousand dollars shall be appro- priated annually from the state treasury for the payment of tuition in high schools and academies, to be paid by the state ti-easurer in the month of December of each year to the treasurers of such towns as are entitled, and in such manner as is hereinafter provided, upon a sworn certificate of the superintendent of public instruction of the sums due. Towns whose rate of taxation for school pur- poses in any year is $3.50 or more on $1,000, and whose average rate of taxation for all purposes for five years next preceding is $16.50 or more on $1,000, shall receive a share of said appropria- tion as follows : If the tax rate is from $16.50 to $17.49, one tenth of the tuition paid. If the tax rate is from $17.50 to $18.49, two tenths of the tuition paid. If the tax rate is from $18.50 to $19.49, three tenths of the tuition paid. 60 If the tax late is from $19.50 to .|20.49, four teiitlis of the tuition paid. If the tax rate is from $20.50 to $21.49, live tenths of tlie tuition paid. If the tax rate is from $21.50 to $22.49, six tenths of the tuition paid. If the tax rate is from $22.50 to $23.49, seven tenths of the tuition paid. If the tax rate is from |23.50 to $24.49, eiglit tenths of the tuition paid. If the tax rate is from $24.50 to $25.49, nine tenths of the tuition paid. Over $25.49, the whole of such tuition. If more tlian $5,000 should be needed in any year for the purposes of this act, the said $5,000 shall be distributed pro rata to the towns entitled to receive the same, in accordance with the fore- going classification. Skct. 4. [As amended hy Chapters 31 and 118, Session Laics o/ 1903.] By the term "high school" or "academy," as used in this act, is understood a school having at least one four years' course properly equipped and teaching such subjects as are required for admission to college, technical school, and normal school, including reasonable instruction in the constitution of the United States and in the constitution of New Hampshire, such high school or academy to be approved by the state superintendent of public instruction as complying with the requirements of this section. And said superintendent is author- ized to approve a school maintaining any part of such course, for the part so maintained. 61 Sect. 5. Towns paying tuition of scholars in higli schools or academies shall receive a propor- tionate share of the literary fund for the attend- ance of such pupils. All academies and private schools shall be furnished with copies of the school register, and shall make an annual statistical re- port to the state superintendent. Sect. 6. [_As amended hy Chapter 118, Session LaiDs: of 1903.] Any school district ma}^ make contracts with an academy located within its limits for furnishing instruction to its scholars ; and such school district may raise and appropriate money to carry into effect any contracts in rela- tion thereto, and in case such appropriation is not less in amount that the average cost of instruc- tion of each pupil in such academy during the year preceding, for each pupil of said district qualified to enter upon a high school course, then said academy shall be deemed a high school uuxin- tained by such district, if approved by the super- intendent of public instruction in accordance with section 4 of this act. CHAPTER 11, SESSION LAWS OF 1899. An Act relating to holidays. Section 1. Thanksgiving day and Fast day, whenever* appointed ; Labor day; the day on which the biennial elections are held ; the twenty- second day of February ; the thirtieth day of May ; the fourth day of July, and Christnias day shall be legal holidays, and when either of the last four days mentioned occurs on Sunday, the following day shall be observed as a holiday. 62 CHAPTER 43, PUBLIC STATUTES. An Act relating to the duties of townclerks. Skct. 3. Every town clerk, within thirty days after the annual meeting, shall report to state oificers the names and postoffice addresses of town officers as follows to the state superintend- ent of public instruction, those of the local school board. . . .Any town clerk who neglects to make reports as required by this section shall be subject to pay a fine of twenty dollars for each failure, one half for the use of the department to which he fails to report, and the other half for the use of the town. 63 INDEX. Pase Academies, contract with districts '. 11, 61 Age (see Legal age). Alcoholic stimulants 28 Annual meetings, when holden 16 Appropriations from state 56 Auditors, district 18, 20 Board (school), compensation of 34 number of members 18 how chosen 19 term of otHce 19 penalty for neglect of duties 6, 29, 32 to make returns to state super- intendent 55 to file report with selectmen 30 scholars dismissed by 35 text-books and supplies loaned by.. . . 29 sold by 29 introduced by, not to fa- vor sect or party 30 to convey scholars 27 to dismiss teachers, when 27 to furnish registers 30 tQ hire teachers 27 to hold examination of teachers 28 to issue certificates 28 teachers allowed to attend institiites, by 33 to make annual report 30, 31 regulations 28 repairs 27 to prescribe studies 28 to send notices to parents 38 to provide fuel 27 schools 27 supplies 29 text-books 29 to appoint truant officers 32 to visit schools 30 vacancies in, how filled 20 By-law, district 35 64 Certificates forteacliers 29, 51, 52 of pupil's attendance in private schools. 39 Clieck-list 17 Children, certificates furnished to,,\vlien 37, 38 employment of, regulated 38 enumeration of, by truant officer, when. . . 52 to be sent to scliool 38 penalty for neglect 39 Cleric, district, how chosen 19 duty 19, 20 vacancy, how filled 20 town 62 Compulsorj' attendance 39 Concord, special district of, act of 1897 not applicable to 54 Constitution of New Hampshire, when read 28 the United States, when read 28 District clerk, regulations recorded by 27 meetings, where held IG annual 15 when held 15 special 16 how warned 16 officers 18 Districts, academies may contract with 11 by-laws concerning truants, adopted by 36 dissolution of 12, 47 high schools maintained in 11, 47 joint, how to share money 12 legally organized 9 money hired by, when payable 10 raised for purposes of 10 new invoice of property made in, Avhen 10 non-resident taxes assessed in 10 rights in property after dissolution 12 selectmen assess tax for payment of monej' hired by 10 scholars admitted from other towns to 11 schools maintained jointly by 11 special, abolished how 47 powei'S of 9 property liable to taxation in 10 what constitutes 9 may appropriate money for superintend- ents..., 21 Dog tax, when used for srhool purposes 8 Employment of children 37 Enumeration of children. 52 65 Evening schools 57 Examinations of teachers hy school hoards 29 superintendent of puh- „, lie instruction 51 1* Jags on every schoolhouse 29 Guardian and ward, where taxed 6 High schools 11, 47, 49 definition of '58 tuition shall he paid hy town, when 59 tuition shall be paid by state, when 60 Holidays, what are 61 Houses (school), ho-v located 22 district, bound by committee, how far 22 school board to locate, when 22 county commissioners to locate, when 23 county commissioners, notice of hearing by 23 county commissioners, hearing when, by 23 county commissioners, fees of 23 county commissioners, vacancies in, how filled 23 appeal pending and effect of 24 location conclusive, how long 24 lots, how enlarged 24 selectmen to appraise land damages 24 to build and repair, when 25 appeal by landowner to supreme court 24 schools shall be kept in 25 used for what other purposes 25 repairs, how made 25 land, school hoards of cities to select 53 transferred by city councils to board 53 of cities, constructed under joint special committee 53 Industrial school, truants committed to 36 Institutes (teachers'), how organized 43 how paid for 43 teachers may attend 34 Keene, special district of, act of 1897 not applicable to 54 Legal school age 36 Literary fund, what termed 7 how distributed 7 how expended 7 unincorporated places not to receive.. 7 66 Literary fund, misapplication of 8 districts when not to receive 56 IManufacturing- establishments, children employed in, when 37 establishments, owner, agent of. em- ploying children contrary to law, penalty for 39 Mechanical (see Manufacturing). Mercantile (see ISIanufacturing). Meetings, annual 15 district 15 special, when and where holden 15, 16 warrants of 16, 17 Memorial Day, observance of 53 Minimum school year 56 Moderator, how chosen 19 power and duty 19 Money, assessment for school purposes 5 additional 6 appropriation of 6 assessment of, penalty for neglect 6 districts may hire 10 raise, for what purposes 10 hired, selectmen assess tax for payment of — 10 dog tax 8 literary fund 7,8 neglect to apply 7 Normal school, annual appropriation for 46 admission to and graduation from. . . 45 instruction in ; session 45 courses of study 45 principal, how appointed 45 powers and duties of 45 trustees, appointment of 45 organization of 45 expenses of 45 meetings of 45 tenure of office 45 admission to, in school registers 46 Notice to parents and guardians 40 Officers of school district, what 18 eligibility to office 18, 19 how chosen, and for how long 19 tenure of office 18 auditors, duties of 20 clerk, duties of 19 moderator 19 67 Officers of school districts, treasurer, duties of 20 special school districts 18 Parents and guardians, penalty for neglect to send children to school 39 Parochial schools, scholars to be vaccinated . ..."'."'"' 35 Physiology and hygiene 28 Private schools, certificates of attendance upon, when issued 41 „ , , , . scholars to be vaccinated 35 Records of dissolved districts 11 Registers (school) furnished by state ...'.'.".'. 42 to be distributed by school board. . . 30 properly kept by teachers 30 „ , . , used in private schools, when 41 Regulations, to be prescribed by school board 27 recorded by clerk 27 Scholars to attend where 35 dismissed, when 35 unless vaccinated, not to attend 35 how admitted from outside districts. ... ' " 11 attending without right ; penalty 35 Schoolhouses (see Houses). School board (see Board). School districts (see Districts). disturbance of, how punished 36 day, established 34 week " " 3 j^ month ''/'' 34 year, minimum .'.".' 57 School money (see Money). ' •••,-•• Selectmen shall assess 5 debt .V... .... 10 may make invoice 10 district clerk to report to 19 may fill vacancies in school board 21 school board to file reports with 30 may act in severing and annexing parts of towns for school purposes 47 49 Session Laws of 1791, chapter 64 12' 47 1893, chapter 72 '.'.'.".'.".'. "' 48 1895, chapters 35, 36 .* ." 42 1895, chapter 36 '" 44 1895, cliapter 46 ,[[ 52 1895, chapter 47 21 50 1895, chapter 48 '21 1895, chapter 49 ,[ 51 1895, chapter 50 " 28 1895, chapters 40, 50 .'. . 29 68 Session laws of 1895, chapter 50 30 1895, chapter 51 27 1895, chapter 62 41 1895, chapter 75 49 1895, chapter 83 » 5 1895, chapter 97 17 1897, chapter 14 53 1897, chapter 44 54 1897, chapter 65 22, 53 1897, chapter 69 19 1899, chapter 11 61 1899, chapter 12 52 1899, chapter 70 32 1899, chapter 77 21, 54 1899, chapter 84 36 1901, chapter 18 35, 55 1901, chapter 51 44 1901, chapter 61 37, 38, 39, 40, 55 1901, chapter 81 57 1901, chapter 91 5 1901, chapter 96 58 1901, chapter 112 57 1903, chapter 3 45 1903, chapter 5 31 1903, chapter 13 39 1903, chapter 29 34 1903, chapter 31 v — 28 1903, chapter 33 42 1903, chapter 59 46 1903, chapter 86 52 1903, chapter 118 58, 61 Special districts, how dissolved 12, 47 hig'h school in 47 trust funds of 14 clieck-list 17 meetinyrs, when holden 16 State appropriation for school purposes, how appor- tioned to towns 56 State treasurer to distribute literary fund 7 pay state appropriation 56 Superintendent of schools, district may reqiiire school board to appoint 21 Superintendent of schools, duties 21 Superintendent of schools, towns may unite in em- ploying 50 Superintendent of supervisory district, how ap- pointed 55 69 Superintendent of supervisory district must hold state certiticate -k Superintendent of supervisory district must'giVe en- ^ tire time ^ ^_ ^l,^.^?^^*^®"^^?^'^ ^^ supervisory distVict; state' to ' pay nait the salary, vv lien nf. Siiperintendent of supervisory district/appropriation Superintendent of 'pubiicYiistruction'; ^^ Appointment of .« Term of office 42 Form of register prescri bed "by ! ! .' ." ! .' 42 Documents distributed by . 42 bchool boards' returns prescribe'd by'.-l 42 1 o make investigations 42 Appropriation for clerical expenses for .' ." 44 10 make biennial report .... 40 Biennial report of, to contain what .■.■.'." 43 10 lecture in towns, when 40 1 eachers' institutes organized by 4^ lo appoint substitute, when 40 Institute fund paid by treasurer to " .' 44 Account audited jt