*-0^ O " B , ' ^^'■ r'v. K^ .40, V 4o_ ^^ ^^ ^''^^^ ^^ v> ^"-'^. ^^0^ • ^s55^\-^'' . o ,-^ -^^0^ „V . „ 'P- -\\ '^>^ 'TV 5 ' • , ■^> X^- ^ ^o. -Jy- <^. * ^ vO -^^0^ •^'. ^> fk- Ho^ State af ^Ii0tle Islarxd. LAWS PERTAININfi TO EDDCITION COMPILED F,Y THOMAS B. STOCKWELIv, COMMISSIONER OF PUBLIC SCHOOLS. PEOVIDENCE, E. I. E. L. FREEMAN & SONS, PRINTERS TO THE STATE. 1900. a^^^ m. transfer IS 1909 EXTRACTS FROM THE OTonstitutiou of lllxorlc MaucL ARTICLE I. Declaration of Rights. Section 2. Object of government.— How laws should be made and burdens dis- tributed. 3. Religious freedom secured. ARTICLE IX. Qualifications for Office. Section 1. Qualified electors only eligible. ARTICLE XII. Education. Section 1. Duty of general assembly to pro- mote public schools, etc. 8. The permanent public school fund. 3. Donations for support of public schools. 4. Powers of general assembly under this article. PREAMBLE. WE, the people of the State of Rhode Island and Provi- preamble. dence Plantations, grateful to Almighty God for the civil and religious liberty which He hath so long- permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit the same unimpaired to succeeding generations, do ordain and establish this constitution of government. ARTICLE I. Declaration of Certain Constitutional liights and Principles. In order effectually to secure the religious and political Declaration, freedom established by our venerated ancestors, and to pre- LA^YS PEETAINING TO EDUCATION. Eight of the people to make and alter their constitution. Objects of free governments. How laws should be made. Religious freedom secured. serve the same for our posterity, ^ve do declare that the essential and unquestionable rights and principles hereinafter mentioned shall be established, maintained and preserved, and shall be of paramount oblig-ation in all legislative, judicial and executive proceedings. Section 2. All free governments are instituted for the protection, safety and happiness of the people. All laws, therefore, should be made for the good of the whole ; and the burdeus of the state ought to be fairly distributed among its citizens. Sec. 3. Whereas Almightj^ God hath created the mind free ; and all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerable ancestors, in their migration to this country and their settlement of this state, was, as they expressed it, to hold forth a lively experiment, that a flourishing civil state may stand and be best maintained with full liberty in religious concernments : we, therefore, declare that no man shall be compelled to frequent or to support any religious worship, place, or ministry whatever, except in fulfillment of his own voluntary contract ; nor enforced, restrained, mo- lested, or burdened in his body or goods; nor disqualified from holding anj^ ofiice ; nor otherwise suffer on account of his religious belief; and that every man shall be free to worship God according to the dictates of his own conscience, and to profess and by argument to maintain his opinion in matters of religion ; and that the same shall in no wise di- minish, enlarge, or aftect his civil capacity. ARTICLE IX. 0/ QuaMjications for Office. Section 1. No person shall be eligible to any civil office, EXTRACTS FROM THE CONSTITUTION OF RHODE ISLAND. (except tlie office of school committee), unless lie be a quali- ^iectOTs*^oiiiy fiecl elector for such office. elisible. AETICLE XII. Of Editcation. Section 1. The cliftiision of knowledsfe, as well as of virtue, Duty of the '^ ^ general as- among the people, being essential to the preservation of their mote^pubUc° rights and liberties, it shall be the duty of the general as- education, sembly to promote public schools, and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education. Sec. 2. The money which now is or which may hereafter The permanent public school be appropriated hy law for the establishment of a permanent ^'^°'*- fund for the support of public schools, shall be securely in- vested, and remain a perpetual fund for that purpose. Sec. 3. All donations for the support of public schools. Donations for support of or for other purposes of education, which may be received public schools. by the general assembly, shall be applied according to the terms prescribed by the donors. Sec. 4. The general assembly shall make all necessary Power of the general provisions by law for carrying this article into effect. They assembly under i- -J -J '^ J this article. shall not divert said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof, for any other purpose, under any pretence whatsoever. EXTRACTS FROM THE GENERAL LAWS State of glltocic island PERTAINING TO E ID TJ G j^T I O INT. CHAPTER 6. Classification of voters as registered and unregistered. Registered voters, includ- ing personal property voters. Of the Rights and Qualifications of Voters. Section j Section 1. Classification of voters as regis- I 3. Right to vote on real estate, sit- tered and unregistere.d, and their uated in town other than that in rights to vote. i which voter resides. Section 1. The two following classes of |>ersoDS have, by the constitution, the first as registered and the second as un- registered voters, a right to vote in the election of all civil officers, and on all q^lestions in all legally organized town, ward or district meetings : — First, Every male citizen of the United States, of the age of twenty-one years, who has had his residence and home in this state for two years, and in the town or city, in which he may offer to vote, six months next preceding the time of his voting, and whose name shall be registered, in the town or Chap. 6.] RIGHTS AND QUALIFICATIONS OF VOTERS. [ city where he resides, on or before the last clay of December in the year next preceding the time of his voting" : Prnvided, that no person shall at any time be allowed to vote in the election of the city council of any city, or upon any proposi- tion to impose a tax or for the expenditure of money in any town or city, unless he shall within the year next preceding have paid a tax assessed upon his property therein, valued at least at one hundred and thirty -four dollars. Second, Every male citizen of the United States, of the age unregistered, of twenty-one years, who has had his residence and home in voters. this state for one year, and in the town or city, in which he may claim a right to vote, six months next preceding the time of voting, and who is really and truly possessed in his ' own right of real estate in such town or city of the value of one hundred and thirty-four dollars over and above all in- cumbrances, or which shall rent for seven dollars per annum over and above any rent reserved or the interest of any in- cumbrances thereon, being an estate in fee-simple, fee-tail, for the life of any person, or an estate in reversion or re- mainder, which qualifies no other person to vote, the convey- ance of which estate, if by deed, shall have been recorded at least ninety days. Sec. 2. The following class of persons have, by the con- persons en- , . , , . . , , • 1 , , , . 1 1 . titled to vote stitution, as unregistered voters, a right to vote m the election in a town tor g-eneral of all general officers and members of the general assembly, "Sicers, etc., in the town or city in which they shall have had their resi- ancnher dence and home for the term of six months next preceding the election : — Every male citizen of the United States, of the age of twenty-one years, %vho has had his residence and home in this state for one year, and shall own any such real estate within this state, but out of the town or city in which he re- sides, as is described in the second clause of the first section of this chapter, and Avho shall produce a certificate from the town. LAWS PERTAINING TO EDUCATION. [Chap. clerk of the town or city in which his estate lies, bearing date within ten days of the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as a voter, and that the deed, if any, has been recorded ninety days. CHAPTER 7. Of the Regiderlng, Listing and Returning Lists of Voters, and of Proof of their Qualification to Vote. Section Section Registry voters to register them- selves annually. Names of property taxpayers to be put on voting list : and annual registry not required. Proof of payment of taxes. Town clerks, etc., to furnish certi- fied copies of lists of voters on demand, etc. Town clerks to give certified copies of registration of voters and other records. Electors entitled to certified lists of persons paying taxes, etc., and penalty for refusal to furnish same. Registry voters are to register them- selves annually. Penalty for false certificate. Persons of a foreign birth to file proof of citizenship. Section 2. Every person who is or within a year may be qualified to vote, upon being registered, shall go to the town clerk of the town in which he resides, and shall annually, on or before the last day of December, register his name, and thereby certify to the truth of the facts stated in the appro- priate heads of such registry. Every person who shall knowingly make any false certificate in registering his name in any such registry book shall be fined not exceeding fifty dollars, or be imprisoned not exceeding sixty days : Provided, that before any person's name shall be placed upon the voting list, if such citizen shall be of foreign birth, he shall file proof, at least five days before any meeting of the board of canvassers, with the town clerk, that he is a citizen of the United States, and such proof shall be subject to the ap- proval of the board of canvassers of the town or ward wherein such person shall claim the right to vote. Chap. 7.] REGISTEEING AND CANVASSING OF VOTERS. 9 . Sec. 3. The several town and ward clerks shall annually ^ames of J property tax- place upon the voting list the names of the several persons putlJ^voting ' who have previously been upon the voting- list, according- to annuafregistry . ^ not required. the provisions oi this chapter, ag-amst whom a property tax to the amount of one dollar or upwards shall have been assessed ; and such persons need not register their names annually as is required of persons not paying a property tax. Sec. 8. The proof of the payment of taxes upon real Proof of the payment of estate or personal property shall be the certificate of the col- '^*^^^- lector of taxes or town treasurer ; and the receipt or returns of the collector of taxes shall be sufficient evidence for the purpose of procuring the certificate of the town treasurer. In case of a school-district or highway tax, when by law the same may be paid, whether in money or labor, to a surveyor of highways or to a district collector, the receipt of such surveyor or district collector shall be sufficient evidence of such payment for the purpose of procuring the certificate of the collector of taxes or of the town treasurer. Sec. 12. Every town, ward or district clerk, upon pay- Town clerks, , ' J:' 1 J et(; jQ furnish nient or tender of his legal fees, which shall be the same for of^'vo'ters^'on the ward and district clerks as for the town clerks, shall fur- u^iSer ofTee. nish to any one demanding- the same a certified copy of any list of voters whose votes have been given in at any election. Sec. 13. Every town clerk shall, upon like payment or aiso a certified .iP-i, T T1 .n copy of regis- tender, lurnish to auy person demanding the same a certified tration of vo- ters and other copy of any registration of voters, and shall also, upon re- records. quest of any person and tender of legal fees, and without any unreasonable delay, examine the records and certify to the estate of any person, and shall furnish copies of any in- strument or writing which may be on record or in the files of his office. Sec. 14. Every officer authorized to receive taxes shall, futitied%o'^^ upon like request and payment or tender, and without un- of persons ply- 10 LA\YS PEETAIXIXG TO EDUCATION. [Chap. 25. ing taxes, up- on request and tender of fee therefor. Penalty. reasonable clelaj", furnish to any elector a certified list of those Mho have paid to him state and town taxes, and the amounts and times of such jDayments ; and shall grant certifi- cates setting forth whether a certain person has or has not paid to him snch taxes, and, if paid, to what amount and at what time ; and everj'' such oflicer who shall refuse or un- reasonably delay to furnish such lists or certificates, upon payment or tender as aforesaid, shall for every such ofi^ence be fined not less than twenty -five dollars nor more than two hundred dollars. CHAPTER 25. Of Oaths, and by ichoni Achninistered. Section 5. Form of engagement. 9. Who may administer oaths through- out the state. 10. Who may administer oaths within Sectiok their respective counties and towns. 11. Who may administer oaths in con- nection with their offices. Certain offi- Sectiox 5. Every person, except the justices of the supreme cers, form of j i 5 i j i engagement of. court, elected to office by the general assembly'-, or by either house thereof, or by any town or town council, or under the provisions of the law in relation to public schools, or ap- pointed to office, civil or military, by the governor, shall, before he shall act therein, take the following eng-agement before some person authorized to administer oaths, namely : I, {^naming the 2^&'fson'\, do solemnly swear {or, afiirm) that I will faithfully and impartially discharge the duties of the oflice of \jiaming the office'] according to the best of my abili- ties, and that I will support the constitution and laws of this state, and the constitution of the United States, so help me God: \_0r : This afiirmation I make and give ujDon the peril of the penalty of perjury]. Sec. 9. The following persons may administer oaths any- Chap. 25.] OATHS, and by whom administeeed. 11 where within the state : The o-overnor, lieuteiiant-o"overnor, oaths. who *" ' may ad- secretary of state, attorney-general, assistant attorney-g-en- "^rou^cfhout eral, general treasurer, justices of the supreme court, speaker '^•^^'^ st^^*^®- of the house of rejoresentatives, commissioners appointed by other states to take acknowledgments of deeds and deposi- tions within this state, notaries public, the railroad commis- sioner, the insurance commissioner, and the commissioners of shell fisheries. Sec. 10. The following persons may administer oaths who, within ° their refspec- within the respective counties and towns for which they may ^^^^ tTwas*^^ be elected to office : Clerks of courts, state senators, justices and assistant justices of the district courts, justices of the peace, mayors of cities, judges of probate, presidents of town councils, or persons acting as such, town clerks and town w^ardens. Sec. 11. The following persons may administer oaths in who, in mat- ters connected relation to all matters connected with, or in administering with their ' ^ oaices. the duties of, their respective offices : The school commis- sioner, foreman of grand juries, members of committees of either house of the general assembly or of joint committees thereof, chairmen of committees of either board of a city council or of joint committees thereof, members of town councils, auditors, referees, masters in chancery, clerks of school districts, commissioners on insolvent estates, members of the board of state charities and corrections, coroners, deputy-coroners, assessors of taxes, the presiding officer of the state board of pharmacy, general and field officers, judge advocate-general and brigade judge-advocate. 12 LAWS PERTAINING TO EDUCATION. [Cliap. 26. CHAPTER 26. Of the Construction of Statutes. Section 1. Rules of construction, when to be applied. 2. Genders. 3. Numbers. 4. Joint authority of three or more authorizes a majority. 5. "Person." 6. "'Insane person." 7. "■United States." 8. "Town," "town council," "town clerk," "ward clerk," "town treasurer," "town sergeant." 9. "Land" or "lands," "real estate." Section 10. "Oath," "sworn," "engaged." 11. "Month," "year." 12. Computation of time. 13. "Justice of the peace," "district court." 14. "Seal." 1.^. Acts of incorporation are public acts for purposes of pleading. 16. Repeal, effect of, in civil cases. 18. Repeal not to revive statutes re- pealed. 19. Statutes, when to take effect. Rules of con- struction. when to be applied. Genders. Section 1. In the construction of statutes the provisions of this chapter shall be observed, unless the observance of them would lead to a construction inconsistent with the manifest intent of the general assembly, or be repugnant to some other part of the same statute. Sec. 2. Every word importing the masculine gender only, may be constructed to extend to and to include females as well as males. Numbers. Sec. 3. Ever}^ word importing the singular number only^ may be construed to extend to and to include the plural number also ; and every word importing the plural number only, may be constructed to extend to and to embrace the singular number also. Joint authority Sec. 4. All woi'ds purporting to give a joint authority to TO any three or more'is au- three or more officers or persons shall be so construed as to thority to the •■■ majority. g\\e. such authorit}^ to a majority of them. ' Person." Sec. 5. The word "person" may be construed to extend to and include copartnerships and bodies corporate and politic. Chap. 26.] CONSTEUCTION OF STATUTES. 13 Sec. 6. The words "insane person" shall be construed to "insane ^ person." include every idiot, person of unsound mind, lunatic and dis- tracted person. Sec. 7. The words " United States" shall be construed to "United • • 1 TT • States." include the several states and the territories of the United States. Sec. 8. The word "town" may be construed to include "Town." city, or the District of Narrag-ansett : the words "town "Town ■^ ' o J council." council," board of aldermen or the district council of the District of Narrag-ansett ; the words " town clerk," city clerk " Town clerk " or the clerk of the District of Narrag-ansett ; the words " ward "Ward clerk." clerk," clerk of election district ; the words " town treasurer," "Town treasurer." city treasurer or the treasurer of the District of Narragan- sett; and the words "town sergeant," city sergeant or the "Town ' o 7 of o sergeant." -district sergeant of the District of Narragansett. Sec. 9. The word " land " or " lands," and the words "real ;;Lanci." or ' lands." estate," may be construed to include lands, tenements and " Real estate.'' hereditaments, and rights thereto and interests therein. Sec. 10. The word "oath" shall be construed to include "Oath," " sworn," affirmation; the word '"sworn," affirmed; and the word "en- "engaged." gaged," either sworn or affirmed. Sec. 11. The words "month" and "year" shall be con- "Month." strued to mean a calendar month and year. Sec. 12. Whenever time is to be reckoned from any day, computation •^ -^ ' of time. date, or act done, or the time of any act done, such day, date, or the day when such act is done, shall not be included in such computation. Sec. 13. The words "justice of the peace" may be con- "Justiceof the PC3.C6. strued to include warden of the peace, and the words " dis- ^ourt "'^'^ trict court " to include warden's court. 14 LAAYS PEETAIXCSG TO EDUCATION. [Cliap. 30. ■'• Seal. Acts of incor- poration are public acts for purposes of pleading. Eepeal, effect of, in civU cases. Eepeal not to revive statutes repealed. Statutes, when to take effect. Sec. Idt. Wlienever a seal is required to be affixed to any paper, the word " seal " shall be construed to include an im- pression of such seal made -nith or without the use of wax or wafer on the joaper. Sec. 15. Every act of incorporation shall be so far deemed a public act, that the same ma}' be declared on and given in evidence, without specially pleading the same. Sec. 16. The repeal of any statute shall in no case affect any act done, or any light accrued, acquired or established, or anj' suit or proceeding had or commenced in any civil case before the time when such repeal shall take effect. Sec. 18. The repeal of any statute shall not be construed to revive any other statute which has been repealed. Sec. 19. Every statute which does not expressly prescribe the time when it shall go into operation, shall take effect on the tenth day next after the rising of the general assembly at the session thereof at which the same shall be passed. CHAPTER. 30. Of the Permanent School Fund. Sectiox 1. Custody and investment. 2. iloney from auctioneers to be added to the fund. 3. School money forfeited by towns, to be added to the fund. j Section ' 4. Additions, how they are to be in- vested. {. 5. Income to be appropriated for sup- port of public schools. Custody and investment of the school fund. Section 1. The general treasurer, with the advice of the governor, shall have full power to regulate the custody and safe keeping of the fund now constituting the permanent fund for the support of pubhc schools, and shall keep the same securely invested in the capital stock of some safe and Chap. 31.] PUBLIC EECORDS. 15 responsible bank or banks or in bonds of towns or cities within this state. Sec, 2. The money that shall be paid into the state Money paid to the state by treasury by auctioneers, for duties accruing to the use of the §" added*to the state, is aproppriated, and the same shall annually be added ^^^^' to said school fund, for the permanent increase thereof. Sec. 3. Whenever any money appropriated to any town school money forfeited by from the state treasury, for the support of public schools * ^^^'^i^^^Vi? ^® therein, shall have been forfeited by such town, the same ^^^'^' shall be added to said school fund, and shall forever remain a part thereof. Sec. 4. The general treasurer, with the advice of the gov- ernor, shall from time to time securely invest all sums of money hereby directed to be added to said fund, in the capital stock of some safe and responsible bank or banks or in bonds of any town or city within this state. Additions, how to be invested. Sec. 5. The income arising from said fund so invested income to be ^ appropriated shall annually be appropriated for the support of public schooi^^^'^* ^^ schools in the several towns. CHAPTER 31, Of the Pullic Records. Section 1. Officers to deliver official records, etc., to their successors in office, or to secretary of state, when. Penalty for neglect. Section 1, Section 2. Penalty for neglect by other than the lawful custodian, to deliver official records, etc. Every person who shall hold a public office officers to de- shall, upon leaving the same, deliver to his successor in office, records, etc., to their suc- or, it there be no successor, to the secretary of state, all o^sors in •^ ' office, or to records, books, writings, letters and documents, kept or re- state,^when^. 16 LAWS PERTAINIiSTG TO EDUCATION. [Chap. 36. Penalty for neglect, etc.. without cause. ceiyed by him in the transaction of his official business, and all moneys in his hands which he shall have received as trust funds from any person or otherwise in the course of his offi- cial business ; and every such person who shall, without just cause, refuse or neglect for the space of ten days after re- quest made in writing- bj^ any citizen of the state, to deliver as herein required such records, books, writings, letters or documents, or to pay over such monej^s, to the person au- thorized to receive the same, shall be fined not exceeding five hundred dollars and be imprisoned not exceeding five years. Penalty for neglect by other than law- ful custodian, to deliver offi- cial records, etc. Sec. 2. Every person, other than the lawful custodian thereof, who shall have in his possession, or under his control, any such record, book, writing, letter or document as is designated in section one of this chapter, and who shall, without just cause, refuse or neglect for the space of ten days after request made in writing by any citizen of the state, to deliver such record, book, writing, letter or docu- ment to the lawful custodian of the same, shall be fined not exceeding five hundred dollars and be imprisoned not ex- ceeding five years. CHAPTER 36. Of the Powers of, and of Suits hy and against, Towns. Section 4. Towns may grant money for schools, schoolhouses and school libraries. 5. Towns may establish free public libraries. 6. May appropriate money for the maintenance, etc., of such libraries. Section 7. May appropriate money for free public library not its own. 21. Town indebtedness limited to three per centum of taxable property. Town taxes limited to one per centum of ratable property. 22. Section 4. Towns may, at any legal meeting, grant and Towns may grant money schoomo^uses ^'^^^ such sums of money as they shall judge necessary and school ji .^ ^;- 4;. ^ ^ j^ jj. ^ libraries. Chap. 36.] POWERS of, suits by and against, towns. 17 For the support of schools, purchase of sites for and the building- and repair of schoolhouses ; and for the establishing and maintaining of school libraries ; Sec. 5. The electors in any town or city qualified to vote Power of, to •^ -^ ^ establish free iipon any proposition to impose a tax, or for the expenditure fj^rlries of money in such town or city, may, by a majority vote of such electors voting at the annual meeting for the election of town officers, or members of the city council therein, appropriate a sum not exceeding twenty-five cents on each one hundred dollars of the ratable property of such city or town in the year next preceding such appropriation, for the foundation therein of a free public library, with or without branches, for all the inhabitants thereof, and to provide suit- able rooms for such library, which shall be used under such regulations as may from time to time be prescribed by the town council of such town, or city council of such city. Sec. 6. Any town or city having established a free public May appro- priate for library therein, in manner as aforesaid, may annually, by the ™^such"^°^® majority vote of the electors of said town, qualified as afore- ^^'^'''*"®''- said and voting on the proposition, or by vote of the city council of said city, appropriate a sum not exceeding thirty cents on each one thousand dollars of its ratable property, » in the year next preceding such appropriation, for the main- tenance and increase of such library therein, and may take, receive, hold and manage any devise, bequest or donation for the establishment, increase or maintenance of a public library therein, to be under such regulations for its govern- ment, when they are not prescribed by its donor, as may from time to time be prescribed by the town council of such town, or the city council of such city. Sec. 7. Every town not owning a free public library may. May appro- priate for free at the annual town meeting, appropriate a sum not exceed- public library '^ ' ^ ^ ^ not Its own. ing thirty cents on each one thousand dollars of its ratable 3 18 LA^YS PERTAINING TO EDUCATION. [Chap. 43. Limitation of town's in- debtedness. Limitation of town taxes. property in the year next preceding such appropriation, for the maintenance and increase of any free public library therein. Sec. 21. No town shall, without special statutory au- thority therefor, incur any debt in excess of three per centum of the taxable property of such town, including the indebted- ness of such town on the tenth day of April, one thousand eight hundred seventy-eight, but the giving' of a new note or bond for a pre-existing debt, or for money borrowed and applied to the payment of such pre-existing debt, is ex- cepted from the provisions of this section, and the amount of any sinking fund shall be deducted in computing such in- debtedness. Sec. 22. No town shall assess its ratable property in any one year in excess of one per centum of its ratable value, ex- cept for the purpose of paying the indebtedness of such town or the interest thereon, or for appropriations to any of the sinking funds, or for extraordinary repairs for damages caused by the elements ; but assessments for specific benefits conferred by the opening or improving of any public high- way, or for any public sewer, shall not be taken to be within the provisions of this section. CHAPTER 43. Of the EstaUisJunent and Control of Free Pahlic Libraries hy Towns. Section 1. Town or city council may accept gift of public library, or funds for. 3. Town or city council to elect trustees, and may fill vacancies. Section 3. Duties and powers of trustees. 4. Appropriation for support of library to be made annually. 5. Trustees to accept and receipt for legacies. Section 1. In case any librarj^, or funds for the establish- ment thereof, may be offered to any city or town on the con- Chap. 43.] TOWN libraries. 19 dition that said libraiy shall be maintained as a free public Town or city council may library, the city council of any city, or town council of any ^^'^'^ep*,?!/'^ of J ^ -J J J ■! J public library town, is hereby authorized to accept such gift in behalf of °^ ^"°**^ ^°'"' the city or town. Sec. 2. Whenever any city or town shall establish a free Town or city council to public library, or shall become possessed, as above provided, elect trustees. of any such library, the aforesaid city council or town council, as the case may be, shall proceed to elect a board of trustees, to consist of not less than three members nor more than seven. As soon as possible after the election of the first Division of ■■■ trustees. board the members thereof shall meet and be divided by lot into three groups or classes, the terms of office of one group expiring in one year from the date of their election, those of another group in two years, and those of the remaining group in three years. With the expiration of the term of how'^fliiefd.' office of any member the vacancy shall be filled by the city council or town council, as the case may be, for the term of three years. Yacancies occurring by resignation, removal, death, or otherwise, shall be filled as above for the unexpired term thereof. Sec. 3. The aforesaid trustees shall take possession of prolide^for said library, and shall thereafter be the legal guardians and '^^^^^ ^ ""^'^ custodians of the same. They shall provide suitable rooms for the library, arrange for the proper care of the same, choose one or more competent persons as librarians and fix their compensation, and make all needful rules and regula- tions for the government of the library and the use of the books : Promded, that no fee for the use of the books shall ever be exacted. , Sec. 4. . Each city or town acting under this chapter shall for^by'^town ° annually appropriate for the support of the public library an amount at least as much as that which the library shall re- ceive from the state. All appropriations from the city or 20 LAWS PERTAINING TO EDUCATION. [Chap. 44. Trustees are to town and state, and the income of all funds belonging to the control funds. ' =" ° library, shall be subject to the exclusive control of the trus- tees, and the several city and town treasurers shall pay, within the limits of the appropriations and other library funds in their hands, all bills properly certified by the said trustees. Trustees to accept and receipt for legacies. Sec. 5. In case of any bequest, legac}^, or gift to, or in favor of, a public library, the trustees thereof are hereby authorized and empowered to accept the same in behalf of, and for the use of, the library, and their receipt shall be a full and sufficient discharge and release to any executor, administrator, or other person authorized to make the pay- ment thereof. CHAPTER 44. Of Proj)€rty Liahle to and Exemjyt from Taxation. Section 1. Propei'ty liable to taxation. Sectiox 2. Property exempt from taxation. All property is liable, unless exempted. Property exempt from taxation. School property. Section 1. All real property in the state and all personal property belonging to the inhabitants thereof shall be liable to taxation unless otherwise specially provided. Sec. 2. The following property and no other, shall be ex- empt from taxation : Property belonging to the state ; lands ceded or belonging to the United States ; buildings for free public schools, buildings for religious worship and the land upon which they stand and immediately surrounding the same, to an extent not exceeding one acre, so far as said buildings and land are occupied and used exclusively for religious or educational purposes; the buildings and per- sonal estate owned by any corporation used for a school, academy or seminary of learning, and of any incorporated Chap. 44.] PKOPEETY LIABLE TO TAXATION. 21 public charitable institution, and the land upon which said buildings stand and immediately surrounding the same, to an extent not exceeding one acre, so far as the same is used exclusively for educational purposes, but no property or estate whatever shall hereafter be exempt from taxation, in any case, where any part of the income or profits thereof or of the business carried on thereon, is divided among its owners or stockholders ; the estates, persons and families of the president and professors, for the time being, of Brown University, for not more than ten thousand dollars for each such officer, his estate, person and family included ; property specially exempt by charter, unless such exemption shall have been waived in whole or in part ; lots of land used ex- clusively for burial grounds ; the property, real and personal, held for or by any incorporated library society, or any free public library, or any free public library society, so far as said property shall be held exclusively for library purposes, or for the aid or support of poor friendless children, or for the aid or support of the aged pOor, or for the aid or support of the poor generally, or for a hospital for the sick or dis- abled, and any fund given or held for the purpose of public education ; almshouses and the land and buildings used in connection therewith, excei^t that almshouse-estates, when belonging to the town, shall be subject to taxation for school purposes, in the school district in which they are situated ; the estate of any person who in the judgment of the assessors is unable, from infirmity or poverty, to pay the tax ; the bonds and other securities issued and exempted from taxa- tion by the government of the United States. 22 LAWS PERTAINING TO EDUCATION. [Chap. 47. CHAPTER 47. Of Assessing and Collecting Poll Taxes. Section 1. Poll tax to be assessed, when, and upon whom. 2. Assessors entitled to certain in- formation from inhabitants of towns and cities. Section Penalty for refusing to give such information. S. Collection of poll tax. Tax to be applied to support of public schools. Poll tax to be assessed, when, and up- on whom. Assessors entitled to certain in- formation from the in- habitants of towns and cities. Penalty for refusing to give such informa- tion. Collection of poll tax. Section 1. The assessors of taxes of each town and city shall, at the time of the annual assessment of town and city taxes therein respectively, assess ag'ainst every person in said town or cit}^, who, if registered, would be qualified to vote, a tax of one dollar, or so much thereof as with his other taxes shall amount to one dollar. Sec. 2. The assessors of taxes of each town or city, or either of them, or any person by them authorized, may, at any time within three months preceding the time of assess- ing the poll tax in their respective towns or cities, require from any and every inhabitant of such town or cit\^ such in-- formation as may be deemed necessary by them, or either of ' them, to enable said assessors to decide whether or not any inhabitant is liable to assessment for said tax ; and any person who shall refuse to give such information, or shall wilfulh' make any false statements for the purpose of deceiv- ing in the giving of such information, shall be punished by fine not exceeding twenty dollars, or imprisonment in the count}^ jail for a term not exceeding ninety days. Sec 3. The assessors of taxes on completing the assess- ment of taxes as prescribed in this chapter, shall date and ' sign, and within three days thereafter deposit the same in the office of the town clerk, except in the city of Providence, and in the city of Providence deposit the same with the city treasurer thereof. The town clerk shall forthwith make a copy of the same and deliver it to the town treasurer, and Chap. 48.] COLLECTION OF TAXES. 23 the town treasurer shall forthwith issue and affix to said copy a warrant under his hand, and which need not be under seal, directed to the collector of taxes of the town commanding- him to proceed and collect the several sums of money therein expressed, of the persons liable therefor, by the time directed by the town, and to pay over the same to him or to his suc- cessor in office. Whenever any town shall elect its town treasurer collector of taxes for such town, such warrant shall be issued to the town treasurer as collector of taxes by the town clerk. The tax assessed according to the provisions of J^^ije^i'^to this chapter, shall be applied to the support of the public ^"''"^ '''^°°^'- schools in such town or city. CHAPTER 48. Of the Collection of Taxes. Section 3. Taxes a lien on real estate. 3. Lien, how long to continue. 7. Tax may be collected from either real or personal estate. 9. Collector may advertise and sell. 10. Real estate may be sold after notice ; notice how given. 11. Notice, how given in case of resi- dents. 12. Notice to persons not taxed who have an interest in the property taxed. 13. If non-residents, a copy of notice to.be sent by mail. 14. Entry upon the land not necessary ; return to be made to town clerk under oath ; effect of return. 15. Deed of real estate sold by collector or sheriff for taxes, what title vests in purchaser. 16. Owner may redeem ,within one year. Section 17. Collector may distrain and sell personal property. 18. Property exempt from distraint. 19. 20. Sales of personal property ; notice of, how given. Property to be sold by auction if tax is not paid. Surplus to be returned to owner. Collector may remove personal property for sale. May follow persons or property to any town. Sale may be adjourned. Collector may recover tax, how. Judgment, execution and levy. Proceedings, where person taxed is out of state. Warrant of distress to issue, when. Warrant is in force until tax is collected. - 35. Collector may require aid. 31. 33. 34. 25. 36. 27. 28. 29. .34. Section 2. All taxes assessed ag-ainst any person in any Taxes alien on real estate. town for either personal or real estate shall constitute a lien on his real estate therein. 24 Lien to con- tinue, how long. LAWS PERTAINING TO EDUCATION. [Chap. 48. Sec. 3. All taxes assessed against tlie owner of any real estate shall constitute a lien on such real estate in any town, for the space of two years after the assessment, and, if such real estate be not aliened, then until the same is collected. Tax may be g^Q, 7, If any persou is taxed for several parcels of real collected from -^ *- -^ estate^^^^°^^^ estate, or for personal and real estate in the same tax, the whole of such person's tax may be collected, either out of the real or personal estate, or any part thereof : Provided, that no land aliened shall be sold, if the person taxed have other sufficient propertj^". Collector may advertise and sell. Sec. 9. The collector may advertise and sell any real estate liable for taxes in the manner hereinafter directed. Real estate may be sold after notice. Notice of sale, how to be How given in case of residents. Nptice to persons not taxed, who have an interest. Sec. 10. In all cases where any parcel of real estate is liable for payment of taxes, so much thereof as is necessary to pay the tax, interest, costs and expenses, shall be sold by the collector, at public auction, to the hig-hest bidder, after notice has been given of the levy, and of the time and place of sale, in some new^spaper published in the town, if there be one, and if there be no newspaper published in the town, then in some newspaper published in the county, at least once a week for the space of three weeks, and the collector shall also post up notices in two or more public places in the town for the same period. Sec. 11. If the jjerson to whom the estate is taxed be a resident of this state, the collector shall, in addition to the foregoing, cause notice of his levy, and of the time and place of sale, to be left at his last and usual place of abode, or personally served on him, at least twenty days previous to; the day of sale. Sec. 12. In case the collector shall advertise for sale any property, real, personal or mixed, in which any person other than the person to whom the tax is assessed has an interest. Chap. 48.] COLLECTION OF TAXES. 25 Jie shall, provided the interest of such other person appears upon the records of the town, leave a copy of the notice of such sale at the last and usual place of abode, or personally with such other person, if within this state, twenty days prior to the time of such sale. Sec. 13. If such other person have no last and usual place Non-residents ^ to have notice of abode within this state, then a copy of said notice shall ^^ ™'^"- be sent by mail to such person, at his place of residence, if known, twenty days prior to the time of such sale. Sec. 14. No entry upon the land by the collector shall be Entry not necessary. deemed necessary ; but the collector, in all cases of sales of real estate, shall make a return of all his proceedings under oath into the town clerk's office, within ten days after the sale ; which return shall be evidence of the facts therein stated. Sec. 15. The deed of any real estate, or of any interest ^sfeVb^^saie therein, sold for the payment of taxes, made and executed by ^'^'^ ^^^^^' the sheriff or collector who shall sell the same, shall vest in the purchaser, subject to the right of redemption hereinafter provided, all the estate, right and title the owner thereof had in and to such real estate at the time said tax was assessed^ free from any interest or incumbrance thereon of any person to whom the notice required by the provisions of this chapter shall have been given ; and the recitals in such deed shall be evidence of the facts stated. Sec. 16. The person who owned any real estate sold for owner may redeem within taxes, at the time of the assessment, or any interest therein, one year. his heirs, assigns or devisees, may redeem the same upon re- paying to the purchaser the amount paid therefor, with twenty per centum in addition, within one year after the sale, or within six months after final judgment has been rendered in any suit in which the validity of the sale is in question : 26 LAWS PERTAINING TO EDUCATION. [Chap. 48. Provided, said suit be commenced within one year after such sale. Collector may g^c, 17. The Collector may distrain personal property, except as provided in the section following, and may sell the same in the manner hereinafter directed. Property ^EC. 18. Property exempt from attachment or distress by exempt from x ^ x distraint, etc. ^^^^ j^^^g ^f ^j^^g g^^te or of the United States shall not be liable to be distrained for any taxes whatsoever. Sales of Sec. 19. In all cases where personal property shall be personal notfc^e^of' how le^'ied on by any collector, he shall cause notice thereof, and given. ^j ^1^^ time and place of sale, to be left at the last and usual place of abode of the owner, or personally to be given tO' him, at least five days previous to the appointed time of sale,. if such owner have a last and usual place of abode in the state or if personal notice can be given to him. Same subject. Sec. 20. The Collector shall also in all cases advertise the same for three successive weeks in a newspaper, if there be one published in the town, if not, in the county, and shall also post up notices in three public places in said town, at least twenty days previous to the appointed time of sale. Of sale, tax Qec. 21. If such owner do not pay the amount of the tax,. not bemg paid. - i ^^ r with the interest or percentage and all costs and charges, by the time appointed for the sale, the collector shall sell the same, or enough to pay said sums, at public auction. Surplus to be Sec. 22. Any property or surplus of money remaining returned to j s.- i. ^ i. ^ o shall be returned to the owner or person entitled to receive it. If no owner or person entitled to receive the same can be found by the collector, he shall deliver such property or surplus of money to the town treasurer, who shall hold ■ the same subject to the call of the owner thereof. Sec. 23. Any collector may, with consent of the owner. owner. Cliap. 48.] COLLECTION OF TAXES. 27 remove personal property for sale to any town or place, collector may remove where it may be sold to the best advantaofe, a'ivinsr notice to personal J o J ^ o property for the owner as before provided, and giving" notice as provided ^^^®' by section twenty of this chapter, in the town or place where the sale is to be made. Sec. 24. If any person or property taxed in one town re- May foUow persons or moves or is removed into another town before the tax is col- Y'^^f^J^'^ diiy town. lected, the collector may follow such person or property into any town, and levy or collect the tax with the same power as if not removed. Sec. 25. Any sale of real or personal estate or of any ad^■o^^^|d*'® interest therein, liable for the payment of taxes by the pro- visions of this chapter, may be adjourned from time to time. Sec. 26. The collector of any tax may recover the amount i?e°cov°e*i°ta™^'' thereof in an action of the case against the person taxed, and in the declaration it shall be sufficient to set forth that the action is to recover a specified sum of money, being a tax assessed against the defendant, specifying the town in which said tax was assessed and the time of ordering and assessing the same. Sec. 27. If judgment be rendered in favor of the collector. Judgment in such a case ; he shall have an allowance for his reasonable trouble in at- execution, how to issue ; effect tending to the suit, to be taxed by the court in the bill of °^ ^®^^" costs, and execution shall issue against the real and personal estate of the defendant, and the levy of the execution upon any real estate, upon which a lien for such tax is created by this chapter, shall be deemed to relate back, and take effect from the time of commencement of such lien. Sec. 28. If any person legally taxed shall be out of the Proceedings, persons taxed state, or depart therefrom, leaving no property liable for the the^tate*"^ tax, the collector may summon the attorney, agent, factor, trustee or debtor of such person before the district court of 28 LAWS PERTAINING TO EDUCATION. [Chap. 48. the district in which the town where the tax is assessed is situated, to declare on oath how much property, if any, of such absent person, he has in his possession ; and if he has sufficient property he shall forthwith pay such tax and charges, or deliver to the collector sufficient property there- for. Warrant of dis- tress to issue, when. Sec. 29. If any person so summoned shall neg-lect to ap- pear, or refuse to make oath, or having made oath shall refuse to p'ciy such tax and charges, or to deliver to the collector sufficient property therefor, if such he has, such district court shall forthwith grant to the collector a warrant of distress against the proper goods and chattels of such person so summoned, and the collector may distrain and sell the same wherever found, or so much thereof as will pay the tax and all interest and expenses, in manner provided by this chapter • and said district court shall have jurisdiction in the premises, although the amount involved shall exceed three hundred dollars. Warrants in force until tax is collected. Collector may require aid. Sec. 34. All warrants for the collecting of taxes shall con- tinue in force imtil the whole tax is collected, notwithstand- ing the time appointed for collecting the tax, or the year of office, may have expired, and notwithstanding the collector may have paid the tax into the town treasury. Sec. 35. Every collector shall have the same right to re- quire the aid or assistance of the persons present, in the performance of his duty, which a sheriff now has by law. Chap. 50.] PEOvisioNS conceening taxes. 29 CHAPTER 50. General Provisions Concerning Taxes. Section 1. Towns may provide for deduction, if tax is paid; and impose per- centage, if tax is not paid. 2. Officers neglecting' to perform duties required of them, liable to be indicted. Section 3. Town taxes to have preference, in cases of insolvency. 4. Compensation of assessors, town clerks and collectors. 5. School district taxes. Any town may provide for such deduction Towns may provide for deduction, etc. Section 1 from the tax assessed against any person, if paid by an ap- pointed time, or for such penalties by way of percentage on a tax, if not paid at the time appointed, not exceeding twelve per centum per annum, as they shall deem necessary to insure punctual payment. Sec. 2. Every officer who shall neglect or refuse to per- officers f .... neglecting form any duty imposed on him in this title, or who shall not betndicted"^^^ comply with the provisions thereof, or who shall in any wise knowingly violate any provisions thereof, shall be imprisoned not exceeding one year or be fined not exceeding five hun- dred dollars, which fine, in case it be a state tax, shall be paid into the state treasury, or if a town tax, into the town treasury, or if a school district tax, into the school district treasury, or if a fire corporation tax, into the fire corporation treasury. Sec. 3. Whenever any person shall become insolvent, or ,Town taxes to "^ ^ have prefer- die insolvent, town taxes due from him or his estate shall f^solVency. have preference, after debts or taxes due the United States and this state, over all other debts or demands, save those due for necessary funeral charges, and for attendance and medicine during his last sickness. Sec. 4. Assessors shall receive such compensation as the town shall allow ; town clerks shall be paid for copying tax LAWS PERTAINING TO EDUCATION. [Chap. 50. o?theTs^-^*'°^ ^^^^^ ^^ ^^^ other copies ; and collectors shall be paid for col- cferks^and^^ lecting' at the rate of five per centum, unless they shall have agreed with the town for a less sum ; which fees shall be paid out of the town treasury. In case of distraint of personal property, or levy on land, the collector shall have the same fees as sheriffs have in similar cases. School district taxes. 8ec. 5. The provisions of this title shall apply to all school district taxes, so far as they may be applicable. TITLE IX. OF PUBLIC INSTRUCTION. Chapter 51. Of tlie board of education. Chapter 52. Of tlie commissioner of public schools. Chapter 53. Of the appropriation for public schools. Chapter 54. Of the powers and duties of towns and of the town treasurer and town clerk relative to public schools. Chapter 55. Of the powers of school districts. Chapter 56. Of district meetings. Chapter 57. Of joint school districts. Chapter 58. Of the levy of district taxes. Chapter .59. Of the trustees of school districts. Chapter 60. Of the powers and duties of school committees. Chapter 61. Of teachers. Chapter 62. Of legal proceedings relating to public schools. Chapter 6.3. Of the normal school, teachers' institutes and lectures. Chapter 64. Of truant children and of the attendance of children in the public schools. Chapter 65. General provisions relating to public schools. Chapter 66. Of the Rhode Island college of agriculture and mechanic arts. Chapter 67. Of state beneficiaries at the Rhode Island school of design. Chapter 68. Of factory inspection. Chap. 51.] BOAED OF EDUCATION. 31 CHAPTER 51. Of the Board of Education. Sectio* 1. Board of education, how con- stituted, and duties of. 2. How divided, and term of office of members. 3. "Vacancies, liow filled. 4. Officers of the board. 5. To hold quarterly meetings, and prescribe rules. 6. Appropriation for free public libra- ries. 7. Board to prescribe conditions on which libraries may receive aid. Section 8. Payments, how to be made. 9. Annual reports to be made to the board, by officers of schools re- ceiving state aid. 10. Private schools to be registered. 11. Board to furnish forms for returns under preceding two sections. 13. Chapter 86 unaffected. 13. Board to report annually. 14. Travelling expenses of the board to be paid, and how. Section 1. The e-eneral supervision and control of the constitution and duty of public schools of the state, with such high schools, normal the board, schools and normal institutes, as are or may be established and maintained wholly or in part by the state, shall be vested in a state board of education, which shall consist of the governor and the lieutenant-governor, as members by virtue of their office, and of one other member from each of the counties of the state, with the exception of Providence county, which shall have two other members. The board of education shall elect the commissioner of public schools. Sec. 2. continue to be divided into three classes, and to hold their offices until the terms for which they were respectively elected shall have expired. term of office of members. Two members of the board of education shall be vacancies, how filled. Sec. 3. elected annually at the May session of the general assembly, in grand committee-, from the counties in which vacancies shall occur in said board, who shall hold office for three years, and until their successors shall have been elected and qualified ; vacancies in said board shall be tilled for any unexpired term by an election from the county for which the member whose 32 Officers. Meetings. Free public libraries may be aided. Board to pre- scribe condi- tions on whicli libraries may receive aid. LAWS PEETAIXING TO EDUCATION. [Cliap. 51. office is vacant was elected, in the same manner, at any ses- sion of the g-eneral assembly. Sec. 4. The governor shall be president, and the commis- sioner of public schools shall be secretaiy of the board of education. Sec. 5. The board of education shall hold quarterly meet- ings in the first week of March, June, September and Decem- ber of each year, at the office of the commissioner of public schools, and may hold special meetings at the call of the president or secretary. They shall prescribe, and cause to 5 be enforced, all rules and regTilations necessary for carrying into effect the laws in relation to public schools. Sec. 6. The board of education may caused to be paid annually to and for the use of each free public library es- tablished and maintained in the state, and to be expended in the purchase of books therefor, a sum not exceeding fifty dollars for the first five hundred volumes included in such library, and twenty-five dollars for every additional five hundred volumes therein : Provided, that the annual pay- ment for the benefit of any one such library shall not exceed, the sum of five hundred dollars. Sec. 7. The board of education shall from time to time establish rules prescribing- the character of the books which shall constitute such a Kbrarj^ as will be entitled to the bene- fits conferred by the preceding section, regulating the man- agement of such library so as to secure the free use of the same to the people of the town and neighborhood in which it shall be established, and directing the mode in which the sums paid in pursuance of this chapter shall be expended. No library shall receive any benefit under the foregoing pro- visions, unless such rules shall have been complied with by those in charge thereof, nor until thej' shall have furnished Chap. 51.] BOARD OF EDUCATION. 33 to said board satisfactory evidence of the number and char- acter of the books contained in said library. Sec. 8. Every payment herein authorized shall be made Payments,how , to be made. by the general treasurer upon the order of the commissioner of public schools, approved by the board of education, and payable to the librarian or other person having charge of such library or of the funds applied to its support designated by said board. Sec. 9. The trustees, officers, or persons in charge of all by officers^of*^ schools and educational institutions supported wholly or in fng-'state^ail!'^' part by this state, whether entirely devoted to education or only partially so, shall make a report annually in the month of July to the state board of education, of such facts as shall show the number of pupils and instructors, the courses of study, the cost of maintenance, and general needs and con- ditions of the school or institution. Sec. 10. All private schools or institutions of learning in Private schools are to be this state shall be registered at the office of the state board legistered. of education, said registry showing- location, name, officers or persons in charge, grade of instruction, and common language used in teaching. They shall also make a report annually in the month of July, to the state board of educa- tion, showing the number of different pupils enrolled, the average attendance, and the number of teachers employed. Sec. 11. The board shall provide registers for all such Registers and '- ^ blanks. schools and institutions, and shall prepare blank forms of inquiry for the facts called for in the tAvo sections next pre- ceding, and in doing so shall have special reference to the requirements of the bureau of education at Washington. Sec. 12. Nothing in the three sections next preceding chapter 86 ^ . unaffected. shall be so construed as to repeal, affect, or modify the pro- visions of chapter eighty -six. 43 LAWS PEETAINING TO EDUCATION. [Oliap. 52. Annual report. Qec. 13. The boarcl of education shall make an annual report to the general assembly at the adjourned session at Providence. Travelling expenses of board, how paid. Sec. 14. The members of said board shall receive no compensation for their services, but the general treasurer shall pay, upon the order of the state auditor, the necessary expenses of the members, when attending the meetings of the board, or when travelling on official business within the state, after the bills have been approved by the general assembly. CHAPTER 52. To be elected by the board of education. May employ a clerk. Of the Cormnissioner of Public Schools. Section 1. Commissioner, how elected. 2. May employ a clerk. 3. Duties of the commissioner. 4. To secure uniformity of text-books. Section 5. To prepare and distribute pro- gramme for Arbor Day. 6. To report to the general assembly. Section 1. There shall be annually elected a commissioner of public schools in the manner prescribed in the preceding chapter, who shall devote his time exclusively to the duties of his office. In case of sickness, temporary absence,, or other disability, the governor may appoint a person to act as commissioner during such absence, sickness or disability. Sec. 2. He may emploj^ a clerk to assist in the duties of his office. General duties of the commissioner. Sec. 3. The commissioner of public schools shall visit, as often as practicable, every school district in the state, for the purpose of inspecting the schools, and diffusing as widely as possible, by public addresses and personal communications with school officers, teachers and parents, a knowledge of the defects, and of any desirable improvements, in the adminis- Chap. 53.] APPROPRIATION FOR PUBLIC SCHOOLS. 35 tration of the system and the goverDinent and instrnction of the schools. Sec. 4. He shall, under the direction of the board of ^ext-books. education, recommend and bring about, as far as practicable, a uniformit}^ of text-books in the schools of all the towns ; and shall assist in the establishment of, and selection of books for, school libraries. Sec. 5. The commissioner of public schools shall prepare Arbor Day. each year a programme of exercises suitable for the ob- servance of Arbor Day, and shall distribute the same among all of the public schools of the state at least four weeks previous to said day. Sec. 6. He shall annually, in December, make a report to Annual report. the board of education, upon the state and condition of the schools and of education, with plans and suggestions for the improvement of said schools. CHAPTER 53. Of the Appropriation for Public Schools. Section 1. Appropriation from treasury to be paid annually. ' 2. How apportioned. 3. How expended. 4. Conditions upon which towns shall receive their proportion. 5. Forfeiture of town's proportion, when. Section Orders on the general treasurer. S. Appropriation for reference books and illustrative appara- tus. How apportioned. Of future apportionments in case applications exceed the amount of appropriation. Evening schools. Section 1. The -sum of one hundred and twenty thousand ^^^J'treLsSy ■ dollars shall be annually paid out of the income of the per- manent school fund, and from other money in the treasury, for the support of public schools in the several towns, on the order of the commissioner of public schools. 36 LAWS PERTAINING TO EDUCATION. [Chap. 53. How apportioned. Sec. 2. This sum of one hundred and twenty thousand dollars shall be apportioned by the commissioner of public schools among the several towns, as follows : The sum of one hundred dollars shall be apportioned for each school, not to exceed fifteen in number in any one town ; the remainder shall be apportioned in proportion to the number of children from five to fifteen years of age, inclusive, in the several towns, according to the school census then last preceding. Sec. 3. The money appropriated from the state as afore- said shall be denominated " teachers' money," and shall be ajjplied to the wages of teachers, and to no other purpose. Towns to Sec. 4. No town shall receive any part of such state receive, on "^ '• eciuaP°'^°^^'^ appropriation, unless it shall raise by tax, for the support of appropria ion. p^^j^jj^ schools, a sum equal to the amount it may receive from the treasury for the support of public schools. How expended. Forfeiture, when ; and forfeitures to be added to school fund. The commis- .sioner to draw on general treasurer in (favor of towns entitled. Appropriation for reference- books and illus- trative apparatus. Sec. 5. If any town shall neglect or refuse to raise or appropriate the sum required in the preceding section, on or before the first day of July, in any year, its proportion of the public money shall be forfeited, and the general treasurer, on being- informed thereof in writing by the commissioner of public schools, shall add it to the permanent school fund. Sec. 6. The commissioner of public schools shall draw orders on the general treasurer for their proportion of the appropriation for public schools, in favor of all such towns as shall on or before the first day of July annually comply with the conditions of section four of this chapter. Sec. 7. The sum of three thousand dollars shall be annually appropriated for the purchase of dictionaries, en- cyclopedias and other works of reference, maps, globes and other apparatus, for the use of the public schools of the state. Sec. 8. Said sum of three thousand dollars shall be Chap. 53.] APPROPRIATION FOR PUBLIC SCHOOLS. 37 apportioned among- the several towns and districts as follows : Apportion- ,..,.. , raent of said Jiivery town or district desiring to avail itself of this appro- appropriation. priation shall make application therefor to the commissioner of public schools, stating- the amount that has been raised or appropriated for the same purpose by the town or district. Upon the receipt of said application and vouchers for the amount actually expended, the commissioner of public schools may draw his order on the general treasurer in favor of said audfto^^o^r*^*^ applicant for half of the amount of said vouchers, to an amount not to exceed twenty dollars in any one year, in favor of any district, or, in case of any town not divided into districts, at the rate of not more than ten dollars for each school, to an amount not to exceed two hundred dollars in any one year : Provided, that the gross amount in any one fiscal year shall not exceed three thousand dollars. Sec. 9. In case the number and amount of applications in of apportion- *- ^ ments, when any one fiscal year shall exceed the limit of the appropria- l^ms^xceed tion, the commissioner of public schools shall record the date '^pp'*'P"^ ''^'°- of each application, and in the apportionment for the follow- ing year such recorded applications shall have the preference in the order of their dates. Sec. 10. There shall be an annual appropriation for the priauoli fo?™" support and maintenance of evening schools in the several schooil towns of this state, under the general supervision of the state board of education, who shall apportion said appropria- tion annually among the several towns and draw orders there- for on the g-eneral treasurer. 38 LAAYS PERTAINING TO EDUCATION. [Chap. 54, CHAPTER 54. Of the Poicers and Duties of Toiois and of the Town Treasurer and Town Clerk Relative to Puhlic Schools. Town to main- tain its schools. witti or with- out districts. Districts may be established. Sectiox 1. Towns to maintain schools with or without districts. 2. Towns may be divided into districts. 3. Schoolhouses, how to be provided. 4. Towns may abolish school districts. 5. Powers and liabilities of discon- tinued district. Control of public schools to then vest in school committee. School committee, how and when chosen. Superintendent, how appointed, his duties and compensation. Town treasurer to receive and keep accovint of school money. 6. Sectiox 10. To 14. submit statement of school money to committee. To transmit statement of money raised and paid out, to commis- sioner. Town clerk to record boundaries of districts, and distribute school documents. Annual census of children of school age to be taken. Blanks, by whom provided and to call for what information. Census returns, how arranged and disposed of. Section 1. Every town shall establish and maintain, with or without forming districts, a sufficient number of public schools, at convenient places, under the management of the school committee, subject to the supervision of the commis- sioner of public schools as provided by this title. Sec. 2. Any town may be divided by a vote thereof, into school districts. Schoolhouses how to be provided. Sec. 3. Any town may vote, in a meeting notified for that purpose, to proA'ide schoolhoiises, together with the necessary fixtures and appendages thereof, in all the districts, if there be districts, at the common expense of the town : Provided, that if any district shall provide, at its own expense, a school- house approved by the school committee, such district shall not be liable to be taxed bj' the town to provide or repair schoolhouses for the other districts. Towns may abolish all school districts. Sec. 4. Any town may at any town meeting, or at district meetings for the election of town officers, the subject having been duly inserted in the Avarrant for said meeting or meet- Chap. 54.] DUTIES OF TOWNS TO PUBLIC SCHOOLS. 39 ings, abolish all of the school districts therein ; and forth- with all title and interest in all of the schoolhouses, land, furniture, apparatus and other property which was vested in the several districts shall be vested in the town. The property so taken by the town shall be appraised by a com- District , \ . . property, how mission of three disinterested persons to be appointed by the appraised ; common pleas division of the supreme court in the county in which such town is situated, and, at the next annual assess- ment of taxes thereafter, a tax shall be levied upon the whole town equal to the amount of said appraisal ; and there shall remittld^to be remitted to the taxpayers of each district their propor- tional share of the appraised value of the school property in such district : Provided, that if any district be in debt, and District debts. said debt be assumed by the town, the amount of said debt shall be deducted from the whole amount to be remitted to the taxpayers of said district. If, however, the parties in in- terest prefer, the differences in the value of the property of the several districts may be adjusted in such manner as they may agree upon. Sec. 5. Upon the abolition or discontinuance of any dis- Powers and liabilities of a trict, its corporate powers and liabilities shall continue and discontinued remain so far as may be necessary for the enforcement of its rights and duties. Sec. 6. When a town shall abolish the school districts control of the . . public schools therein, the entire control, management and care of all the to then vest la " school public school interests of the town shall be vested in the committee, school committee of that town, and the number of the school committee in any town abolishing the district system may be, by vote of the town, increased to a number not exceeding seven. Sec. 7. The school committee of each town shall consist school com- mittee, how of three residents of the town, or of such number as at the chosrn^*^" present time constitute the committee, and they shall be 40 Superinten- dents of schools, how and when to be elected. Town treasurer to receive school money, and account therefor. LAWS PERTAINING TO EDUCATION. [Cliap. 54. divided as equally as may be into three classes, whose several terms of office shall expire at the end of three years from the dates of their respective elections ; and in the case of the first election of a school committee under this chapter, the terms of office of the three classes shall be respectively one year two years and three years; the classes and their terms of office to be determined by lot bj^ the committee at their first meeting after their election. As the office of each class shall become vacant, such vacancy or vacancies shall be filled by the town at its annual town meeting- for the election of state or town officers, or b}^ the town council at its next meeting thereafter. In case of a vacancy by death, resignation, or other-wise than as is above provided, such vacancy shall be filled bj" the town council until the next annual town meet- ing for state or town officers, when it shall be filled for the unexpired term thereof as is above provided. Sec. 8. The school committee of each town shall elect a superintendent of the public schools of the town, to perform, under the advice and direction of the committee, such duties, and to exercise such powers, as the committee shall assign him, and to receive such compensation out of the town treasmy as the town shall vote. Said superintendent shall be elected at the first regular meeting of the school com- mittee succeeding the annual election of school committee ; but the committee shall have power to fill a vacancy at any meeting duly called. Sec. 9. The town treasurer shall receive the money due the town from the state for pubHc schools, and shall keep a separate account of all money appropriated by the state or town or otherwise for public schools in the town, and shall pay the same to the order of the school committee, and he shall credit the public school account, on the first Monday of May in each year, with the total amount of money received Chap. 54.] DUTIES or towns to public schools. 41 by him for poll taxes during the year ending- the thirtieth day of April last preceding. Sec. 10. The town treasurer shall, before the first day of JtatemSit July in each year, submit to the school committee a state- school co^m- .... mittee. ment of all moneys applicable to the support of public schools for the current school year, specifying the sources of the same. Sec. 11. The town treasurer shall, on or before the first 4ilsioner°S' day of July, annually, transmit to the commissioner of public ^""^^'^ schools. schools a certificate of the amount which the town has voted to raise by tax for the support of public schools for the current year ; and also a statement of the amount paid out to the order of the school committee, and from what sources it was derived, for the year ending the thirtieth day of April next preceding ; and until such return is made to the com- missioner, he may, in his discretion, withhold the order for the money in the state treasury belonging to such town. Sec. 12. The town clerk shall record the boundaries of ^^eTreqorVof school districts and all alterations thereof in a book to be scC(fi*"^^°* kept for that purpose, and shall distribute such school docu- distribute ments and blanks as shall be sent to him, to the persons for documents. whom they are intended. Sec. 13. The town clerks, or some person whom the board children of of aldermen of any city, or the town council of any town, shall appoint for the purpose, shall annually, in the month of January, take or cause to be taken a census of all persons between the ages of five and fifteen years, inclusive, residing within the limits of iheir respective towns on the first day of said January. Sec 14. The bla,nk forms required to carry out the re- census forms ^ "^ to be furnished quirements of the preceding section shall be furnished by the com^ss/oner. commissioner of public schools to each town on or before the 42 LAWS PERTAINING TO EDUCATION. [Chap. 55, Penalty for refusal to glre information. Census returns to be deposited where, and certified to school com- missioner. first day of December in each year, and they shall call in substance for the following information, namely, the name, age, number of weeks' attendance upon any school, parents' name and residence, of each person enumerated ; and if any parent or guardian shall refuse to give the above information in regard to his children or wards, or shall knowingly and wilfully falsify such information, he shall be fined not exceed- ing twenty dollars. Sec. 15. The returns of said census shall be alphabetically arranged and deposited in the hands of the school committees of the several towns on or before the first day of March in each year; and the receipt of the chairman or clerk of the school committee to the effect that the above returns have been so received by him shall be forwarded to the commis- sioner of public schools before he shall draw his order for the payment of any portion of the public money to that town. CHAPTER 55. Of the Poioers of School Districts. Section 1. School districts are bodies cor- porate. 3. Powers of school districts. 3. District may build and repair school- houses. 4. May raise money by tax. 5. OfQcers of the district. 6. Powers and duties of district officers. Section 7. District taxes, how collected. 8. Town collector may collect. 9. Districts neglecting to organize, committee may establish the school. 10. District may devolve its duties and powers on the committee. School districts are bodies cor- porate, and how . distinguished. designation Section 1. Every school district shall be a body corpo- rate, and shall be known by its number or other suitable General Sec. 2. Every school district may prosecute and defend in powers of the dtstr?ct« ^^^ actions in which said district or its officers are parties, may purchase, receive, hold and convey, real or personal Otiap. 55.] POWEES OF school districts. 43 property for school purposes, and may establish and maintain a school library. Sec. 3. Every such district may build, purchase, hire and and^use and'^' repair schoolhouses, and supply the same with blackboards, ^^^^ ^^ ^^^^' maps, furniture and other necessary and useful appendages, and may insure the house and appendages against damage by fire : Provided, that the erection and repairs of the school- house shall be made according to the plans approved by the school committee or, on appeal, by the commissioner of public schools. Sec. 4. Every such district may raise money by tax on powers of the ratable property of the district, to support public schools, and to carry out the powers given them by any of the pro- visions of this title : Provided, that the amount of the tax shall be approved by the school committee of the town. Sec. 5. Every such district shall annually elect a moder- officers of ator, a clerk, a treasurer, a collector and either one or three trustees, as the district shall decide, and may fill vacancies in either of said ofiices at any legal meeting. The moderator may administer the oath of ofiice to all the other officers of the school district. i^See Chapter SOJf., Puhlic Lavjs.) Sec. 6. The clerk, collector and treasurer, within their re- Powers and «pective school districts, shall have the like power, and shall officers. perform like duties, as the clerk, collector and treasurer of a town ; but the clerk, collector and treasurer need not give bond, unless required by the district. Sec. 7. All district taxes shall be collected by the district collection of district taxes. or town collector, m the same manner as town taxes are collected. 'Sec. 8. Any district may vote to place the collection of may collect ^""^ any district tax in the hands of the collector of town taxes, * ®"^' 44 LAAYS PERTAINIXG TO EDUCATIOX. [Chap. 56. School com- mittee to organize the school when. District may devolve its povrers on school committee. who shall thereupon be fully authorized to proceed and collect the same, upon giving bond therefor to the district satisfaetorj' to the school committee. Sec. 9. If any school district shall neglect to organize, or, if organized, shall for any siDace of six months neglect to es- tablish a school and em^Dloy a teacher, the school committee of the town may themselves or b}" an agent establish a school in the district schoolhouse, or elsewhere in the district, in their discretion, and employ a teacher. Sec. 10. Any district may, with the consent of the school committee, devolve all the powers and duties relating to public schools in the district on the school committee. CHAPTER 56. Of District Meetings. 1. Meetings, notice of, how and by whom to be given. 2. Annual meeting, when held. 3. Special meetings, how called. 4. District meeting, where held. Section" 5. I^otice of time and place, how to be given. 6. Qualification of voters. 7. Clerk to record names of voters on request. Notice of meeting for organization, or of other meetings, by whom to be given. Annual meeting. Sectiox 1. Xotice of the time, place and object of hold- ing the first meeting of a district for organization or for a meeting, either annual or special, to choose officers or to transact any other business, shall be given by the trustees or, in case of the death, removal, resignation or disability of the trustees, bj^ the clerk of the district ; in case there be no trustee or clerk authorized to call a meeting such notice shall be given by the school committee of the town. Sec. 2. Every school district when organized, shall hold an annual meetiug in the month of April of each year for choice of officers and for the transaction of any other business relating to schools. Chap. 56.] DISTRICT meetings. 45 Sec. 3. The trustees or, in case of the death, removal, special meet- ' ' ' ings, now resignation or disabiHty of the trustees, the clerk may call a °''^^^^^- special meeting for election or other business at any time, and shall call one to be held within seven days on the written request of any five qualified electors stating the object for which they wish it called ; and if the trustees or clerk, as above provided, neglect or refuse to call a special meeting when so requested, the school committee may call it and fix the time therefor : Provided, that no special district meeting consent of school corn- shall be called without the consent of the school committee, mitteere- ' quired, when. to consider any subject which shall have been acted on by the district at any time within six months previous to the time of such proposed meeting. Sec. 4. District meetings shall be held in the schoolhouse, pistnct meet- ° ^ ing to be held, unless otherwise ordered by the district. If there be no where. schoolhouse or place appointed by the district for its meet- ings, the trustees or, in case of the death, removal, resigna- tion or disability of the trustees, the clerk, and, if there be no trustees or clerk, the school committee, shall determine the place, which shall always be within the district. Sec. 5. Notice of the time and place of every annual 5-°*^*^'^°^ meeting, and of the time, place and object of every special meeting, shall be given, either by publishing the same in a newspaper published in the district, or by posting the same in two or more public places in the district for five days before holding the same. Sec. 6. Every person residing in the district may vote in Qualification of voters. district meetings to the same extent and with the same re- strictions as he might at the time vote in town meeting ; but no person shall vote upon any question of taxation of prop- erty, or expending money raised thereby, unless he shall have paid or be liable to pay, a portion of the tax. Sec. 7. The clerk of the district shall record the number 46 LAWS PERTAINING TO EDUCATION. [Chap. 57. District clerk to make record of votes taken, if requested. and names of the persons voting, and on which side of the question, at the request of any quahfied voter. CHAPTEK 57 Of Joint School Districts. Section 1. Adjoiuicg districts may establish ad- vanced school. 2. Such districts to constitute a dis- trict as to such school. 3. Organization. 4. Public money, how drawn. 5. Adjoining districts in the same town may consolidate. 6. To receive public money as if not united. T. Organization. 8. Adjoining districts, or parts, in Section adjoining towns may be formed into joint districts, and discon- tinued. 9. Organization. 10. Powers of such joint district. 11. Public money to be apportioned. 12. Corporate property, how owned. 13. Apportionment, when district is divided. 14. Payment when, by part of a district added to district. Ad.>oining districts may establish an' advanced school. Such districts are a school district as to such school. Organization. Section 1. Any two or more adjoining school districts in the same or adjoining towns maj^, by a concurrent vote, es- tabhsh a school for the older and more advanced children of such districts. Sec. 2. Such associating districts shall constitute a school district for the purposes of providing a schoolhouse, fuel, furniture and apparatus, and for the election of a board of trustees, to consist of one member from each district so associating, and for levying a tax for school jDurposes, with all the rights and privileges of a school district, so far as such school is concerned. Sec. 3. The time and place for the meeting for organiza- tion of such associate district may be fixed by the school committees, and any one or more of the associating districts may delegate to the trustees of such school the care -and management of its primary school. Sec. 4. The school committee of the town or towns in Chap. 57.] JOINT SCHOOL districts. 47 which such school shall be established, shall draw an order Public money, how to be in favor of the trustees of such school, to be paid out of the drawn. public money appropriated to each district interested in such school, in proportion to the number of scholars from each. Sec. 5. Any two or more adjoining school districts in the Adjoining districts in same town may, by concurrent vote, with the approbation of same town •J ' •' ' J- A may con- the school committee, unite and be consolidated into one ^o'^'^'^^te. district for the purpose of supporting public schools, and such consolidated district shall have all the powers of a single district. Sec. 6. Such consolidated district shall be entitled to re- Entitled to state aid as if ceive the same proportion of public money as such districts "oMate,! would receive if not united. Sec. 7. The mode of organizing such consolidated dis- organization, trict and calling the first meeting thereof shall be regulated or prescribed by the school committee, and notice thereof given as prescribed in section five of chapter fifty-six. Sec. 8. Two or more adjoining districts, or parts of dis- Adjoining districts or tricts, in adjoining towns may be formed into a joint school ad^ofnln'^^*^^^'^ district by the school committees of such towns concurring fo^ld^o? ^^ therein ; and all joint districts which have been or shall be as joint school formed may by them be altered or discontinued. districts. Sec. 9. The meeting for organization of such joint dis- organization. trict shall be called by the school committees of such towns, and notice thereof shall be given as prescribed in section five of chapter fifty-six. Sec. 10. Such joint district shall have all the powers of a Powers of '- such joint single school district, and shall be regulated in the same 'district. manner, and shall be subject to the supervision and manage- ment of the school committee of the town in which the school is located. 48 LAAYS PEETAIXING TO EDUCATION. [Chap. 58. State aid to be apportioned. Corporate property. Apportion- ment, when district is divided. Contribution, when, by part of a district added to district. Sec. 11. A whole district making a portion of such joint district shall be entitled to its proportion of public money, in the same manner as if it had remained a single district; and whenever part of a district is taken to form a portion of such joint district, the school committee of the town of which such district is a part shall assign to it its reasonable proportion. Sec. 12. Whenever any two or more districts shall be consolidated, the new district shall own all the corporate property of the several districts. Sec. 13. Whenever a district is divided and a portion taken from it, the funds and property, or the income and pro- ceeds thereof, shall be divided among the several parts in such manner as the school committee of the town or towns to which the districts belong may determine. Sec. 14. Whenever a part of one district is added to another district or part of a district owning a schoolhouse or other property, such part shall pay to the district or part of a district to which it is added, if demanded, such sum as the school committee may determine, towards paying for such schoolhouse and other property. CHAPTER 58. Of the Levy of District Taxes. Section 1. District taxes, liow levied. 2. Town assessors to assess' value of property in what cases. 3. Notice of assessment. 4. Commissioner in certain cases may order assessment. 5. Errors in assessment, how cor- rected. Sectiox 6. Abatement of taxes, when and how made. 7. Schoolhouse taxes and expenses by joint districts, by whom to be approved. 8. Assessment of taxes in joint or as- sociated districts. Section 1. District taxes shall be levied on the ratable Chap. 58.] LEVY OF district taxes. ,49 property of the district, accordino' to its value in the town District taxes, how to be assessment then last made, unless the district shall direct levied. such taxes to be levied according- to the next town assess- ment ; and no notice thereof shall be required to be given by the trustees. Sec. 2. The trustees of any school district, if unable to fsseTs^value of agree with the parties interested with regard to the valuation what^ca^'e!"^ of any property in such district, shall call upon one or more of the town assessors not interested, and not residing in the district, to assess the value of such property so situated, in the following cases, namely : Whenever any real estate in the district is assessed in the town tax bill with real estate out of the district, so that there is no distinct or separate value upon it ; whenever any person possessing personal property shall remove into the district after the last town assessment ; whenever a division and apportionment of a tax shall become necessary by reason of the death of any person, or the sale of such property ; whenever a person has invested personal property in real estate and shall call upon the trustees to place a value thereon ; and whenever property shall have been omitted in the town valuation. Sec. 3, The assessors shall give notice of such assessment ^ggessm^nt by posting up notices thereof for ten days next prior to such assessment in three public places in the district ; and after notice is given as aforesaid, no person neglecting to appear before the assessors shall have any remedy for being over- taxed. Sec. 4. If a district tax shall be voted, assessed and ap- when commis- sioner of public proved of, and a contract legally entered into under it, or schools may such contract be leg-ally entered into without such vote, ^^^^s^™®'^*- assessment, or approval, and said district shall thereafter neglect or refuse to proceed to assess and collect a tax suffi- cient to fulfill such contract, the commissioner of public 50 LAWS peetaixixCt to education. [Cliap. 58. scliools, after notice to and liearing- of the parties, may ap- l^oint assessors to assess a tax for that purpose, and may issue a warrant to the collector of the district, or to a col- lector by him appointed, authorizing and rec^uiring' him to proceed and collect such tax. Errors, how Sec. 5. Errors in assessing a tax may be corrected, or the corrected. tax re-assessed, in such manner as may be directed or ap- proYed by the commissioner of public schools. 4xe^s^wiiwi°^ Sec. 6. Whenever anj' person who has paid a tax for and how made, i^^^ji^^i^^g q^ repairing a schoolhouse in one district shall, by alteration of the boundaries thereof, become liable to paj" a tax in any other district, if such i3erson cannot agree with the district, such abatement of the tax may be made as the school committee, or in case of a district composed from different towns, as the commissioner of public schools, may deem just and proper. Schoolhouse g^c. 7. "Whenever a ioint district shall vote to build or taxes and '' jouiTdfstrict. repair a schoolhouse by tax, the amount of the tax and the ow appi T . pi^^ ^^^ specifications of the building and repairs shall be approved bj^ the school committees of the several towns, or, in case of their disagreement, by the commissioner of public schools. taxirin joint^^ ^^c. 8. In case of assessing a tax by a joint or associate districts!^ ^ district, if the town assessments be made on different princi- ples; or the relative value be not the sanie, the relative value and proportion shall be ascertained by one or more persons, to be appointed bj' the commissioner of public schools, and the assessment shall be made accordingly. Chap. 59.] TRUSTEES OF SCHOOL DISTRICTS. 51 CHAPTER 59. Of the Trustees of School Districts. Section 1. Trustees to have charge of the school property, and to employ teachers. 2. To provide school facilities, visit the schools, and report. .3. To furnish bookcases. 4. To make out tax hills and issue tax warrants. 5. To make returns to school com- mittee. 6. The trustees to receive no compen- Section satiou out of the school moneys for their services. 7. May admit scholars from without the town or state, when. S. School committee, similarly em- powered, if town is not divided into districts. 9. Disposition of money received for tuition. 10. Attendance of scholars from with- out the district, where reckoned'. Section 1. The trustees of scliool districts shall have the havfcareof custody of the schoolhouse and other district property, and property, and shall employ one or more qualified teachers for every fifty teachers. scholars in averag-e daily attendance. Sec. 2. The trustees shall provide schoolrooms and fuel, schoof™*^ and shall visit the schools twice at least durino' each term, the schools and report. and notify the committee or superintendent of the time of opening" and closing' the schools. Sec. 3. The trustees shall provide a suitable cabinet or bookcases bookcase in each schoolroom, for the reception and care of such text-books and school supplies as may be furnished by the school committee. Sec. 4. The trustees shall make out the tax bill against tax'bms! and the persons liable to pay the same, and deliver the same to warrants. the collector with a warrant by them signed annexed thereto, requiring him to collect and pay over the same to the treasurer of the district. Sec. 5. The trustees shall make returns to the school ^li^nstothe committee in manner and form prescribed by them or by the committee. commissioner, or as may be required by law, and perform all 52 LAWS PERTAINING TO EDUCATION. [Chap. 59. other lawful acts required of them by the district, or neces- sary to carry into full effect the powers and duties of dis- tricts. To receive no g^c, Q^ The trustees shall receive no compensation for compensation ■■- schocfi moneys, services out of the money received from either the state or town appropriations, nor in any way, unless raised by tax by the district. May admit scholars from without town or state, when. Sa7ne subject : School com- mittee may. when. Tuition money, how to be applied. Such attend- ance to be reckoned, where. Sec. 7. The trustees of any school district may allow scholars from without the town or the state to attend the public schools of such district, on such terms as the trustees may determine: Provided, that such terms shall be ap- proved by the school committee. Sec. 8. Whenever a town shall not be divided into school districts, or whenever public schools shall be provided with- out reference to such division, the school committee may exercise the powers provided in the jjreceding section to be exercised by trustees. Sec. 9. All moneys received for tuition as hereinbefore provided shall be paid into the district or town treasurj", as the case ma}' be, and shall be used for school purposes only. Sec. 10. No attendance upon the public schools authorized bj^ the preceding three sections shall be reckoned in determin- ing- the average attendance for the pur]30se of regulating the distribution of school monej^ ; but such average attendance shall be returned to the district where such scholars reside, and be there reckoned with the average attendance of the schools of that district, upon demand bv the trustee thereof. Chap. 60.] POWERS and duties of school committees. CHAPTER 60. Of the Powers and Duties of School Cornrnittees. Section 1. Chairman and clerk, how choseu and removed. 2. Stated meetings, wlien lield. 3. Committee may alter and discon- tinue districts. 4. To locate all sohoolhouses. Land for schoolhouse sites, if taken without owners" consent, how appraised. Owner of land may petition for relief. Instruction to be given in pliysi- ology and hygiene. Committee to examine teachers ; and to annul certificates, when. To visit schools, when and how often. To make rules and regulations for schools. May authorize children to attend school in adjoining town or district. 5. 7. 10. 11. Section 12. May suspend pupils. 13. Committee to manage schools, if town is not divided into districts. 14. Apportionment of the town's share of the state school money to the districts. 15. Notice of apportionments to be given to trustees. 16—18. Orders on town treasurer, la what cases and on what condi- tions to be given. 19. Money forfeited or unexpended, to be divided. 20. Annual report of school.committee. 21. Expense of printing report, how to be paid. 23. School committee to furnish books and supplies. 2.3. Change in school books, how made. 53 Section 1. The scliool committee of each town shall f^hoof *^"^^ choose a chairman and clerk, either of whom may sign any *^°'^°'^ ®®- orders or official papers, and may be removed at the pleasure of said committee. Sec. 2. The school committee of each town shall hold at Meetings of the school least four regular meetings in every year, at such time and committee. place within the town as the committee shall by general order fix and determine. Sec. 3. The school committee maj' alter and discontinue committee may vary school districts, and shall settle their boundaries when unde- school districts atter notice fined or disputed ; but no change shall be made in the *^'^^^^ ^^^®^- boundaries of any district except at a meeting, notice of wdiich, with the proposed changes, has been posted upon the schoolhouses and sent to the trustees of the districts whose boundaries are liable to be affected, for at least five days be- 54 LAWS PERTAINING TO EDUCATION. [Chap. 60. Hestriciion on the formation of Dew district. fore lioldiug' the same ; and no new district shall be formed ^dtli less than forty children between the ages of four and sixteen, unless with the approbation of the commissioner of public schools ; and the clerk of the committee shall transmit to the town clerk a certified copy of all votes affecting the boundary lines of the districts immediately on the jDassage thereof. Location of the school- hoiases. Sec. 4. The school committee shall locate all schoolhouses, and shall not abandon or change the location of any without good cause. Land for a' schoolhouse site, taken without owners' con- sent, is how appraised. Persons aggrieved may petition for relief to common pleas division. Sec. 5. In case the school committee shall fix upon a location for a schoolhouse in any town or district, or shall determine that the schoolhouse lot ought to be enlarged, and the town or district shall have passed a vote to erect a school- house, or to enlarge the schoolhouse lot, and the committee shall fix upon a location for a schoolhouse, and the proprietor of the land shall refuse to convey the same, or cannot agree with the town or district for the price thereof, the school ^committee of their own motion, or on application of the town or district, may appoint three disinterested persons, who shall notify the parties and decide upon the valuation of the land ; and upon the tender or payment of the sum so fixed on, to the proprietor, the title to the land so fixed on by the school committee, not exceeding one acre, shall vest in the town or district for the purpose of maintaining thereon a schoolhouse and the necessary appendages thereof. Sec. 6. Any person aggrieved thereby may, within six months after any tender as aforesaid (but not after any paj"- ment as aforesaid), petition the common pleas division of the supreme court in the county for such relief in the premises, by way of damages or otherwise, as to law and justice shall appertain, in the manner and with the same procedure pre- scribed in sections fifteen and sixteen of chapter forty-six Chap. 60.] POAVEES AND DUTIES OF SCHOOL COMMITTEES. 55 in the case of petition for relief for over-assessment for taxes. Sec. 7. The school committees of the several towns shall instruction in^ make provision for the instruction of the pupils in all schools ''ysiene. supported wholly, or in part, by public monej^, in physiology and hygiene, with special reference to the effects of alcoholic liquors, stimulants and narcotics upon the human system. Sec. 8. The school committee may examine, bj" them- committee to examine selves or by some one or more persons by them appointed, teachers ; to every applicant for the situation of teacher in the public wi'en''*'^*^' schools of the town, and may, after five daj's' notice in writ- ing, annul the certificate of such as upon examination by them proved unqualified, or will not conform to the regula- tions of the committee, and in such case shall give immediate notice thereof to the trustee of the district in which such teacher is emploj'-ed. {See Chap. 51i.J+^ Sec. 9-12., Pah. Laws.) Sec. 9. The school committee shall visit, bv one or more To visit the schools. of their number, every public school in the town at least twice during each term, once within two weeks of its opening- and once within two weeks of its close ; at which visits tliej^ shall examine the register and matters touching the school- house, library, studies, books, discipline, modes of teaching and improvement of the school. Sec. 10. The school committee shall make and cause to be To make rules for the put up in each schoolhouse, rules and regulations for the at- schools. tendance and classification of the pupils, for the introduction and use of text-books and works of reference, and for the instruction, government and discipline of the public schools, and shall prescribe the studies to be pursued therein, under the direction of the commissioner of public schools. Sec. 11. Whenever the school committee of any town shall find that it is more convenient or expedient for any 56 LAWS PERTAINING TO EDUCATION. [Chap. 60. May aatnorize children to attend school in adioining town or district. See section 18. May STispersd pupils. Tc manage schools, ■when. Apportion- ment of the state school money to the districts. Minimnm of money tc each school. Apportion- ment, when to be made, and what notice giver. child residing in said town to attend school in an adjoining- town or district, said committee may arrange with the school authorities of such town or district for the attendance of such child at their schools, and may pay for such tuition out of the toAvn appropriation for public schools. The amount so paid shall be used for school purposes only. {See Chap. oJ^J^, Sec.' o. Pub. Laws.) ' Sec. 12. The school committee may suspend during pleas- ure all pupils found guilty of incorrigibly bad conduct or of' violation of the school regulations. j Sec. 13. Where a town is not divided into districts, or shall vote in a meeting duly notified for that purpose to pro- i vide schools without reference to such division, the school committee shall manage and regulate said schools, and draw all orders for the payment of their expenses. Sec. 14. Whenever the public schools are maintained by district organization, the committee shall apportion among the districts, equally, according to the number of schools maintained in each, the whole of the town's proportion of the one hundred and twenty thousand dollars received from the state, and in addition thereto at least one fourth as much more from the town appropriation for the support of public schools ; the remainder of the town appropriation, and the moneys received from poll and dog taxes, from school funds, and from other sources, shall be divided into two equal parts, one part to be apportioned to the several districts, according to the average attendance of the schools therein, for the year preceding ; the other part to be apportioned at the discretion of the committee : Provided ahoays, that the total apportion- ment for each school shall not be less than one hundred and eight}^ dollars. Sec. 15. The school committee shall make the apportion- ment among the several districts as provided in the preceding section on or before the first Monday of July in each year, Oliap, 60.] POWERS AND DUTIES OF SCHOOL COMMITTEES. 57 and immediately thereafter give notice to the trustees of the amount so apportioned to each district. Sec. 16. The school committee shall draw an order on the orders on the town treasurer town treasurer in favor of such districts onl}^ as shall have disStets, when ^ J. J. i_i • IP . 1 T 1 to be drawn by made a return to them in manner and lorm prescribed by the school .. i Sec. 2. The commissioner of public schools may, and if ^ifpreme'co^irt, requested on hearing such appeal by either party shall, lay a statement of the facts of the case before one of the justices of the supreme court, whose decision shall be Unal. Sec. 3. The commissioner of public schools may from Rules of time to time prescribe rules regulating the time and manner of taking such appeals, and rules to prevent appeals for triflins' and frivolous causes. Sec. 4. Parties having any matter of dispute between submission to o J J. commissioner them arising under this title, may agree in writing to submit to ble^n^.^'^*' the same to the adjudication of said commissioner, and his decision therein shall be final. ■ Sec. 5. If no appeal be taken from a vote of a district S^'^lg^n*^®""^ relating to the ordering of a tax, or from the proceedings of if norappeaied from. the officers of the district m assessing the same, or it, on appeal, such proceedings are confirmed, the same shall not again be questioned before any court of law or magistrate whatsoever : Provided, that this section shall not be so con- strued as to dispense with legal notice of the meeting, or with the approval of the votes or proceedings by the school com- mittee or commissioner of public schools, whenever the same is required by law. Sec. 6. In any civil suit before any court against any 62 LAAYS PERTAINING TO EDUCATION. [Chap. 62. Costs not taxed, when. scliool officer for any uiatter which mig-ht by this chapter have been heard and decided by the commissioner of public schools, no costs shall be taxed for the plaintiff if the court are of opinion that such officer acted in good faith. Sec. 7. Any inhabitant of a district, or person hable to Judgment against a school district, bow to be satisfied. Suit against district may be answered by i. i.i - i n i i j. j. resident or tax- pay taxes therein, may be allowed by any court to answer a paver. ." "■ . ' " . . . suit brought therein against the distnct, on giving security for costs, insuch manner as the court may direct. Sec. 8. Whenever judgment shall be recovered in any court of record against any school distnct the court render- ing judgment shall order a warrant to be issued, if no pro- ceedings operating as a stay be taken, to the assessors of taxes of the town in which such district is situated, or, in case of a joint district composed of parts of towns, then to one or more of the assessors of each town, with or mthout designating them, requiring them to assess upon the ratable l^roperty in said district a tax sufficient to pay the debts or damages, costs, interest and a sum in the discretion of the court sufficient to defray the expenses of assessment and collection. Said assessors shall, without a new engagement, proceed to assess the same, giving notice as in case of other district taxes. Same subject. gj,(-,_ q. Said warrant shall also contain a direction to the collector of the town, or, in case of a joint district, then to the collector of either town, as the court may direct, requiring him to collect said tax ; and said warrant, with the assessment annexed thereto, shall be a sufficient authority for the col- lector, without a special engagement, to proceed and collect the same with the same power as in the case of a town tax ; and when collected, he shall pay over the same to the parties to whom it maj' belong, and the surplus, if any, to the district. And the court may require a bond of the collector. Sec. 10. Whenever any writ, summons or other process Chap. 63.] NORMAL SCHOOL, INSTITUTES AND LECTURES, 63 shall issue ag-ainst any school district in any civil suit, the Process against 3ame may be served on the treasurer or clerk ; and if there served. are no such officers to be found, the officer charged with the same may post up a certified copy thereof on the door of the schoolhouse, and, if there be no schoolhouse, then in some public place in the district, and the same, when proved to the satisfaction of the court, shall constitute a sufficient service thereof. Sec. 11. The record of the district clerk that a meeting Record of ■ clerk, prima has been duly or legally notified shall be prima facie evidence f^cie evidence. that it has been notified as the law requires. The clerk shall obtain at the expense of the district a suitably bound book for keeping the record therein. Sec 12. The commissioner of public schools may, by and Sone?may with the advice and consent of the board of education, remit ^^n.^°^^' all fines, penalties and forfeitures incurred by any town, dis- trict or person, under any of the provisions of this title, ex- cept the forfeiture incurred by any town for not raising its proportion of money. CHAPTER 63. Of the Normal School, Teachers Institates and Lectures. Section Normal school, management of. Qualification of applicants for tuition. Diploma, who to receive. Trustees to examine applicants to teach. When may pay travelling expenses of pupils. Section 6. Teachers' institutes, and educa- tional publications, etc., appro- priation for. 7. Commissioner of public schools to account to state auditor for ex- penditures. Section 1. The normal school shall be under the manage- Normal school, how to be ment of the board of education and the commissioner ot managed. public schools as a board of trustees. €4 LA"\YS PERTAINING TO EDUCATION. [Chap. 63. Qualification for free tuition. Diplomas to ^vhom. Examination, and certificate of qualification to teach. Travelling expenses of pupils to be paid in what cases. Appropriation for institutes and lectures. Sec. 2. All applicants from the several towns in the state shall be admitted to free tuition in said school, after having passed such an examination as may be prescribed by the board of trustees, and after having given to such board satis- factory evidence of their intention to teach in the public schools of this state for at least one year after leaving- the said school. Sec. 3. Persons who shall have ]3assed the regular course of studies at the normal school shall, on the written recom- mendation of the principal, receive a diploma signed by the trustees of the school. Sec. 4. The said trustees may, by themselves or by a com- mittee of their board, examine all applicants to teach in the public schools, and shall give certificates to such as are found. Ciualified to teach school. (See Chap. 51^]^, Sec. 9- 12, Pub, Laics.) Sec. 5. The trustees of the normal school may pay to each pupil who shall reside within the state and not within five miles of said school, who shall have been duly admitted thereto, and who shall have attended the regular sessions of said school and complied with the regulations thereof during the term next preceding such paj-ments, not exceeding ten dollars for each cpiarter year for travelling expenses; but such payments in the aggregate for such travelling expenses shall not exceed the sum of fifteen hundred dollars in any one year, and shall be made to the respective pupils entitled to the same in proportion to the distance they may reside from said school. (See Chap. 4-19, Pah. Laws ) Sec. 6. A sum not exceeding five hundred dollars shall be = annually paid for defraying the necessary expenses and I charges for teachers and lecturers for teachers' institutes, to ^| be holden under the direction of the commissioner of public schools ; and a sum not exceeding three hundred dollars shall be annually paid under the direction of the board of Oliap. 64.] ATTENDANCE OF CHILDREN IN PUBLIC SCHOOLS. 65 education for publishing- and distributing- among the several towns educational publications, providing lectures on educa- tional topics and otherwise promoting the interests of educa- tion in the state. Sec. 7. The commissioner of public schools shall render Annual ac- count of com- an annual account to the state auditor of his expenditures ^JbUc'schoois under the provisions of this chapter with his vouchers there- for. CHAPTER 64. Of Truant Children, and of the Attendance of Children in the Puhlic Schools. Section 1. Attendance at day schools required. 2. Private school may be approved. 3. Truant officers, and their appoint- ment, duties and fees. 4. Inquiry to be made into causes of neglect to attend school. Employment of children between twelve and fifteen years of age forbidden, when, unless, etc. Penalty. Duties of truant officers, as to children employed. 5-7. Section 10. Penalty for employment of children unable to read or write, when. 11. Ordinances to be made concerning truancy and idle children. 12. 13. Commitment and discharge of minors convicted under such ordinances. 14. School committee to report of action of town under this chapter. 15. Fines, how to inure. 16. Jurisdiction of district court. 17. Officers need not give surety for costs. Section 1. Every person having under his control a child ^j^^Jf ""^P *° ^*' between the ages of seven and fifteen years shall annually tfmefn eaSi'^* cause such child to regularly attend for at least eighty full ^^^^' school days some public day school in the town or city in which such child resides ; and while such child is not law- fully employed to labor at home or elsewhere said person shall cause such child to attend a public day school reg-ularly during the days and hours that the public schools are in session in the city, town, or district where such child resides ; and for every neglect of such duty the person so offending- penalty, ex- shall be fined not exceeding twenty dollars : Pi'ovided, that causes. 66 LAWS PERTAINING TO EDUCATION. [Cliap. 64. if the person so charged shall prove, or shall present a cer-, tificate, made by or under the direction of the school com-: mittee of the city or town wherein he resides, setting forth that the child has attended for the required period of time a. private day school approved by the school committee of the city or town where said school is located, or that the child has been otherwise furnished for a like period of time with the means of education, or has already acquired the elemen- tary branches of learning taught in the public schools, or that his physical or mental condition was such as to render his attendance inexpedient or impracticable, or that the child was destitute of clothing suitable for attending school and ,^ that the person in charge of said child was unable to provide I such clothing, or that the child has been excused from at- ' tending school by the school committee of the city or town where he resides, then such penalty shall not be incurred. {See Chap. S87, Pub. Laws.) What private Sec. 2. For the purposes of this chapter the school com- schools may be approved. mittees of the several towns and cities shall approve a private school only when the teaching therein is in the English lan- guage and when they are satisfied that such teaching is thor- ough and efficient, and when the persons in charge of said school shall keep the record of the attendance of the pupils thereof upon the blanks provided by the state for such pur- pose and shall render to the school committee of the tow^n or city Avliere said school is located a detailed report of the at- tendance of any pupil for any specified time : Provided, that the request for such rei3ort is made in writing and sets forth that such pupil is suspected of irregular attendance or tru- Truant Sec. 3. The town council of each town, and the board of officers ; now ancy. Sec thei?^dutfes^"^^ aldermen of each city, shall annually appoint one or more special constables, and fix their compensation, who shall be truant officers and who shall, under the direction of the school committee, inquire into all cases arising under the provisions Chap. 64.] ATTENDANCE OF CHILDREN IN PUBLIC SCHOOLS. 67 of this chapter, or under any ordinances made in pursuance thereof by the town or city by which such officers were ap- pointed, and shall alone be authorized, in case of violation of any of the provisions of this chapter, or of any such ordi- nances, to make complaint therefor ; they shall also serve all legal processes issued in pursuance of this chapter or of any such ordinances, but shall not be entitled to receive any fees for such service : Provided, hoioever, that in case of the com- in what cases fees to be mitment of any person under the provisions of any section allowed. of this chapter, or of any ordinance made in pursuance there- of, or for default of payment of any fine and costs imposed thereunder, such officer shall be entitled to the regular fees allowed b}^ law for similar service. • . Sec. 4. The truant officers and the school committees of inquiry to be made into the several towns and cities shall inquire into all cases of negiect'fo at- neglect of the duty prescribed in section one of this chapter within their respective towns and cities, and ascertain the reasons, if any, therefor ; and such truant officers, or any of them, shall, when so directed bj^ the school committee, pros- ecute any person liable to the penalty provided for in said section one. Sec. 5. No child between the ages of twelve and fifteen Employment of any child years shall be employed in any manufacturing, mechanical j-'^^gYve^^^^^ or mercantile establishment, or by any telegraph ol' telephone age*^fs"forbid °^ ■company in this state, except during the vacations of the unless, etc. public schools of the city, town or district in which such child se\ai°on i. ^^ ' resides, unless, during the twelve months next preceding such ■employment, he shall have attended school as provided for in section one of this chapter, or shall have already acquired the elementary branches of learning taught in the public schools, or shall have been excused by the school committee of the town or city in which such child resides ; nor shall ■such employment continue unless such child shall attend school as above provided each year, or until he shall have 68 LAWS PERTAINING TO EDUCATION. [Chap. 64. Employer to keep on file what certificate of children. acquired the elementary branches of learning taught in the public schools. Sec. 6. No child between the ages of twelve and fifteen years shall be so employed who does not present a certificate made by or ander the direction of the school committee of the city or town in which such child resides, of his compli- ance with the requirements of section five of this chapter ;. and said certificate shall also give the place and date of birth of such child as nearly accurate as may be ; and every owner, superintendent or overseer, of any establishment or company employing any such child shall keep such certificate on file so long as such child is employed therein. The form of said certificate shall be furnished by the secretary of the state board of education. Penalty on employer, parent or guardian. Sec. 7. Every owner, superintendent or overseer of any such establishment or company who emploj^s or permits to be emploj^ed any child in violation of either of the two next preceding sections, and everj^ parent or guardian who per- mits such employment, shall be fined not exceeding twenty dollars. Truant officers to visit places of employ- ment, and report. Sec. 8. The truant officers shall, at least once in every school term, and as often as the school committee require,, visit the establishments or companies employing such chil- dren in their respective towns and cities, and ascertain whether the provisions of the three next preceding sections hereof are duly observed, and report all violations thereof to the school committee. To demand names of children em- ployed and require certificates. Sec. 9. The truant officers shall demand the names of the children under fifteen years of age employed in such estab- lishments or companies in their respective towns and cities^ and shall require the certificates of age and school attendance, prescribed in section six of this chapter, to be produced for Oliap, 64.] ATTENDANCE OE CHILDREN IN PUBLIC SCHOOLS. 69 their inspection; and a refusal to produce such certificates Penalty, shall be punished by a fine not exceeding- ten dollars. Sec. 10. Every owner, superintendent or overseer of any Penalty for •^ employing such establishment or company who employs or permits to ^Krea'd or be employed therein a child under fifteen years of age who «," mlbuc'^^ , . T , i- • 1 1 •! 1 schools are in cannot write his name, age and place oi residence legiDly, session. while the public schools in the town or city where such child lives are in session, shall for every such offence be fined not exceeding twenty dollars. Sec. 11. The town council of each town, and the city coun- [^Jj^^^^^^feon^ cil of each city, shall make all needful provisions and arrange- and"idfe*™^''*^ ments concerning habitual truants and children who may be found wandering about in the streets or public places therein, having no lawful occupation or business, not attend- ing school and growing up in ignorance, and shall make such ordinances as will be most conducive to the welfare of such children and to the good order of such town or city; and shall designate or provide suitable places for the confine- ment, discipline and instruction of such children. Sec. 12. Every minor convicted, under an ordinance made f/^J^^^^^ndfor under the provisions of section eleven of this chapter, of idic|^ess under being an habitual truant, or of wandering about in the streets and public places of a town or city, or of having no lawful employment or business, or of not attending school and of growing up in ignorance, shall be committed to any institu- tion of instruction or suitable place designated or provided for the purpose under the authority of said section eleven, for a period not exceeding two years. Sec. 13. Children so committed may, on satisfactory proof f^^°|jfj|®^^ of amendment or for other sufficient cause, be discharged ^'^^^ children. from such institution or place by the court which committed them. 70 LAWS PERTAINING TO EDUCATION. [Chap. 64. School com- mittee to re In cases of failure, school money is to be ■n-ithheld. Sec. 14. The school committees of the several towns and chaptCT^^"^ ^^^^ cities shall annually report to the state board of education whether their towns or cities have made the provisions re- quired by this chapter; and in case the town council of any town, or the board of aldermen and citj^ council of any city, shall in any year refuse or neg-lect to comply with the provisions of section three and section eleven of this chapter, or of either of them, after having been duly notified by the commissioner of public schools, fifty per centum of the money apportioned to such city or town from the state for school purposes shall be T\ithheld until the provisions of said sec- tion three and section eleven of this chapter have been com- plied with. Fines, how to inure. Jurisdiction of district courts. Sec. 15. All fines under the provisions of this chapter shall inure and be applied to the support of the public schools in the town or city where the oftence was committed. Sec. 16. The district courts of the state shall have juris- diction in their respective districts of all cases arising under this chapter and all ordinances passed in conformity with this chapter. Officers com- g^c. 17. Xo oflicer Complaining under anv of the provis- plammg not i o .; i g?ve"^surety for ^°^® ^^ ^^^^ chapter, or uuder the provisions of any ordinance that may be passed in pursuance hereof, shall be required to give surety for costs ; and such oflicer shall not in anywise become liable for anj^ costs that may accrue on such com- plaint. Chap. 65.] GENERAL PE0VI8I0NS RELATING TO SCHOOLS. 71 CHAPTER 6; General Provisions Relating to Public Schools. Section 1. Exclusion from school to be by general rule. 2, 3. District ofBcers to be engaged in office ; record of district clerk is prima facie evidence. 4. Tenure of office of such officers. 5. Penalty for neglect of duties. 6. School committee, board of educa- tion and commissioner may visit schools aided by the state. 7. Penalty for refusing to permit such visitation. 8. Nuisances near schoolhouse, pro- hibited. 9. Construction of the word "town," as to the city of Providence. Section 10. Public schools in city of Provi- dence, how governed. 11. Taking of fees, etc., for promoting sale or exchange of school books, etc., prohibited. 12. Offering of fees, etc., to public school ofScers for such purpose, prohibited. 13. Children of deceased soldiers and sailors, when admitted free to public schools. 14. Pupils not allowed to attend public schools without certificate of vaccination. 15. Penalty for violation of provisions of this chapter. 16. Special statutes prevail. Section 1. No person shall be excluded from any public Exclusion to be by general school in the district to which such person belongs, if the ^uie. town is divided into districts, or, if not so divided, from the nearest public school, on account of race or color, or for being- over fifteen years of age, nor except by force of some general regulation applicable to all persons under the same circumstances. Sec. 2. Every school district officer elected or appointed fchooM?steic*t^ under the provisions of this title, except the moderator of a ° ^^^^' district meeting, shall take an engagement, before some per- son authorized to administer oaths, to support the constitu- tion of the United States, the constitution and laws of this state, and faithfully to discharge the duties of his office so long as he shall continue therein. Sec. 3. The record of the district clerk that any school E^*^ence of «^ sucn engage- district officer has been duly engaged shall be prima facie '^^^^' evidence thereof; and no school district officer shall enter upon the duties of his office without taking an engagement. 72 LAAYS PERTAINING TO EDUCATION. [Cliap. 65. Tenure of office of such officers. Penalty for neglect of duties. Schools aided by state to be visited. Penalty for refusal. Nuisances pro- hibited near schoolhouses. Sec. 4. Every school district officer elected or aiapointed under the provisions of this title shall, without a new engage- ment, hold his office until the time of the next annual election or appointment for such office and until his successor is elected or appointed and qualified. Sec. 5. Every officer who shall make any false certificate,] or appropriate any public school money to any purpose not authorized by law, or who shall refuse for a reasonable charge to give certified copies of any official paper, or to account for or deliver to his successor any accounts, papers or money! in his hands, or shall wilfully or knowingly refuse to perform I any duty of his office, or violate any provisions of any law regulating public schools, except where a x^articular penalty ( may be prescribed, shall be fined not exceeding five hundred | dollars or be imprisoned not exceeding six months, and shall I be liable to an action of the case for damages to be brought' by any person injured thereby. 1 Sec. 6. Any school receiving aid from the state, either by direct grant or by exemption from taxation, may be visited and examined by the school committee of the town in which such school is situated, and by the members of the board of education and the commissioner of public schools, whenever they shall deem it advisable. Sec. 7. Whenever such school shall refuse to permit such visitation, when requested, its exemption from taxation shall thereafter cease and be determined. Sec. 8. No person shall keep any ST\dne in any pen or i other enclosure, or shall keep or suffer to be kept any other* nuisance, within one hundred feet of any schoolhouse or within one hundred feet of any fence enclosing the yal'd of any such schoolhouse. Sec. 9. In the construction of this title, except in the Chap. 65.] GENERAL, PEO VISIONS RELATING TO SCHOOLS. 73 construction of chapter sixty-four, and sections six and seven construction of this chapter, and section twenty-three of chapter sixty, ^jg^f ^'^'^ the word " town " shall include the city of Providence only P^o^ic^^^ce- so far as to entitle said city to a distributive share in the public money, upon making a report to the commissioner in the same manner as the school committees of other towns are required to do. {See Chap. Ji-20, Pah. Laws.) Sec. 10. The public schools in said city shall continue, as 1°^°?^!^^^ heretofore, to be governed according to such ordinances and regulations as the proper city authorities may from time to time adopt. {See Chap. J^QO, Pah. Laws. Sec 11 No superintendent or school committee of any Fees, ot _ yjih\j, -LJ.. -i-- corporations, and corporations formed for religious, charitable, literary, ^^ow formed. scientific, artistic, social, musical, agricultural or sporting pur- poses, not organized for business purposes, and all other cor- porations of like nature not hereinbefore otherwise provided for, shall be created in the following manner, viz. : Five or more persons of lawful age shall associate by written articles which shall express : First. Their agreement to form said corporation ; Agreement. Second. The name by which it shall be known, which name Name, shall not then be in use by any existing corporation of the state ; Third. The purpose for which it is constituted ; Purpose. Fourth. The town or city in which it is to be located. Location. Said agreement shall be signed and acknowledged by all mustbesfgned, tlie members named therein, and shall prescribe the manner and'medln^^ ' office of the in which the first meeting shall be held and organized. Said secretary of ^ ^ state, with a agreement shall be filed in the ofiice of the secretary of state, the'^payment and said persons shall pay a fee of five dollars into the gen- eral treasury of the state. When said agreement has been so filed, together with the certificate of the general treasurer that the fee of five dollars has been paid, and the sum of one iifc^'orporation dollar has been paid to said secretary of state for the certifi- secretary of ^^ cate hereinafter required, the secretary of state shall there- upon issue to said corporation his certificate, under the seal of the state, substantially in the following form : — State of Rhode Island ajsid Providence Plantations. I, secretary of state, hereby certify that [^here insert ce/tmcate. names of all the corporators'] have filed in the oflice of the secretary of state their agreement to form a corporation un- der the name of {^here insert name of corporatioii\ for the pur- pose [here insert purpose] in accordance with law, and have also filed the certificate of the general treasurer that they 94 LAWS PEETAINING TO EDUCATION. [Chap. 176. Certificate to confer what powers. have paid into the general treasury of the state the fee re- quired by law. Witness my hand and the seal of the state of Rhode Island this day of in the year Sec. 12. When said certificate has been issued as afore- said said corporators shall be authorized to carry out the purpose of such agreement with all the powers and subject to all the duties and liabilities as provided herein and in chapter one hundred seventy-seven and all amendments thereof and additions thereto, so far as not inconsistent with the provisions of this chapter, and so far as the provisions of said chapter one hundred seventy-seven shall be applicable to such corporation. May hold property to amount of 1,000 ; in charter only. Sec. 13. Said corporation shall be entitled to take, hold, transmit and convey real and personal estate to an amount byTplciaf^^"^' ^ot exceeding in all one hundred thousand dollars. But if such corporation desires to take and hold property to an amount exceeding one hundred thousand dollars either orig- inally or by amendment, such privilege shall be granted only by the general assembly on petition thereto. Articles of agreement may be amended, how, except- ing as provided in section 13. Copies, when certified by secretary of state, to be taken in evidence. Sec. 14. Such agreement may be amended in any partic- ular not inconsistent with the provisions of this chapter, excepting as provided in the preceding section, by vote of the corporation and the filing in the office of the secretary of state of a copy of such vote duly attested by the president and secretary of said corporation. Sec. 15. Copies of agreements to form corporations, when formed by agreement, or of any amendment thereof, and the fact of their being filed in the office of the secretary of state and the date of such filing, and the filing of the certificate of the general treasurer, shall, when certified to by the secretary of state, be received in evidence before any court, tribunal or authority. Chap. 279.] offences against peivate property. 95 CHAPTER 278. Of Offences Against Public Peace. Section 7. Disturbing town, ward, religious, scientific, etc., meetings, liow punislied. Section 7. Every person who shall wilfully interrupt or dis- Penalty for "^ ^ o^ Jr- wilfully dis- turb any town or ward meeting, any assembly or people met ingg'"^ ^^^^' for religious worship, any public or private school, any meet- ing lawfully and peaceably held for purposes of moral, liter- ary or scientific improvement, or any other lawful meeting, exhibition or entertainment, either within or without the place where such meeting or school is held, shall be impris- oned not exceeding one year or be fined not exceeding five hundred dollars. CHAPTER 279. Of Offences Against Private Property. Section 53. Of malicious mischief to books, etc., of free public libraries. 53. Of neglect to return to such libra- Section ries, books, pamphlets, etc., after due notice. Section 52. Every person who, wilfully and maliciously or Penalty for 1 T . 1 . . . T !■ ^ malicious wantonly and without cause, writes upon, injures, defaces, mischief to DooJKs, Ctc^ or tears or destroys any book, pamphlet, plate, picture, engrav- ubifary^^'^ ing or statue, or other property belonging to any law, town, city or other free public library, or suffers any such injury to be inflicted while said property is in his custody, shall be fined not less than 'one dollar nor more than ten dollars, the same to be for the use of the library. Sec. 53. Every person who shall take or borrow from anv of neglect to " return to such law, town, city or other free or public library any book, pam- ^^am'^hie'ts^^'^' phlet, paper or other property of said library and who, upon notice^*^^'^ ^^^ 96 LAWS PERTAINING TO EDUCATION. [Chap. 283. neglect to return tlie same witliiu the time required and spec- ified in the by-laws, rules or regulations of the library owning the property, has been notified by the librarian or other proper custodian of the property that the same is overdue, shall, upon further neglect to return the same within two weeks from the date of such notice, be considered to have unlawfully converted the property of the library to his own use. A written or printed notice, given personally or sent by mail to the last known or registered place of residence, shall be considered a sufiicient notice. CHAPTER 283. Of Offences Against Public Policy. Sec. 29. Flags or emblems of foreign countries not to be displayed upon public buildings and sehoolhouses. Flags or em- SECTION 29. It shall be uulawful to display the flag or em- blems of for- J. ^ ^ ni?t^o°be°dis^^ blem of any foreign country upon the flagstaff of any state, puwk buifd- county, city or town building or public schoolhouse within sehoolhouses. this state : Provided, however, that when any foreigner shall become the guest of the United States, or of this state, the flag' of the country of which such public guest shall be a citizen or subject may be displayed upon public buildings, except public sehoolhouses. Every person who shall violate the provisions of this section shall be fined not less than twenty-five nor more than one hundred dollars. PUBLIC LAWS CHAPTER 304. AN ACT IN AMENDMENT OF CHAPTER 55 OF THE GENERAL Passed Jan- uary 31, 1896. LAWS, "OF THE POWERS OF SCHOOL DISTRICTS." It is enacted hy the General Assembly as follows : Section 1. Every school district deciding- to elect three of the election ■^ _ ° of trustees of trustee under the provisions of Chapter 55 of the General tricts^*^^^ Laws, may at its annual meeting* for the election of school district officers elect one of such trustees for a term of three years, one for a term of two years and one for a term of one year ; and annually thereafter shall be elected one trustee to serve for the term of three years. Sec. 2. All acts and parts of acts inconsistent with this act are hereby annulled. Sec. 3. This act shall take effect on and after February 1st, 1896. CHAPTER 322. AN ACT IN AMENDMENT OF CHAPTER 85 OF THE GENERAL Passed April 29, 1896. LAWS, "OF PROVISION FOR THE EDUCATION OF THE DEAF, BLIND AND IMBECILE CHILDREN." It is enacted hy the General Assembly as folloivs : Section 1. Section 1 of Chapter 85 of the General Laws is hereby amended so as to read as follows : 13 98 LAWS PERTAINING TO EDUCATION. [Chap. 332. Deaf, blind or imbecile child- ren may be ap- pointed state beneficiaries to certain institu- tions. "Section 1. The governor, on recommendation of the state board of education, upon application of the parent or guardian, may appoint any deaf, blind or imbecile child, being a legal resident of this state, who shall appear to said board to be a fit subject for education, as a state beneficiary at any suitable institution or school now established, or that may be established, either within or without the state, for such period as he may determine, within the limit of ten j'^ears : Provided, that he may, upon the special recommendation of the state board of education, extend the period, and that he shall have the power to revoke anj^ appointment at any time for cause." Sec. 2. This act shall take effect on and after its passage, and all acts and parts of acts inconsistent herewith are here- by repealed. CHAPTER 332. Passed May 13, Who mav at- tend the R. I. Institute for the Deaf. AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAP- TER 86 OF THE GENERAL LAWS, ENTITLED "OF THE R. I. SCHOOL FOR THE DEAF." It is enacted hy the General Assemhly as folloivs : Section 1. All children of parents, or under the control of guardians or other persons, legal residents of this state, between the ages of three and twenty years, whose hearing or speech, or both, are so defective as to make it inexpedient or impracticable to attend the public schools to advantage, not being mentally or otherwise incapable, may attend the Rhode Island Institute for the Deaf, without charge, under such rules and regulations as the board of trustees of said institute may establish. ^Sec. 2. Every person having under his control any such Chap. 334.J amendments to the qeneral laws. 99 child between the as-es of seven and eig'hteen years, shall Certain chii- " & J 5 dren to attend cause such child to attend school at said institute for such ^^^^ institute. period of time or such prescribed course, in each individual case, as may be deemed expedient by the board of trustees and for any neglect of such duty the person so offending shall be fined not exceeding twenty dollars : Provided, that Exceptions. if the person so charged, shall prove to the satisfaction of said board that the child has received or is receiving, under private or other instruction, an education suitable to his con- dition, in the judgment of said board, then such penalty shall not be incurred : provided further, that no child shall be re- moved to said institution or taken from the custody of its parent or guardian except as a day scholar unless such parent or guardian is an improper person to have such custody, and the supreme court in its appellate division shall have jurisdiction in habeas corpus to examine into and revise all findings of said board of trustees under this act. Sec. 3. Any child having attended said institute a time or course prescribed by said board, upon leaving the insti- tute shall be entitled to receive a certificate of his proficiency from said board. Sec. 4. This act shall take effect from and after its pas- sagre. CHAPTER 334. AN ACT IX AMENDMENT OF CHAPTEE 165 OF THE GENERAL Passed May 13, 1896. LAWS. It is enacted hy the General Assembly as follows : Section 1. Section 8 of Chapter 166 of the General Laws Arbor daydes- '■ ignated. is hereby amended so as to read as follows : 100 LAWS PERTAINING TO EDUCATION. [Ctiap. 419. " Sec. 8. The twenty-second daj' of February (as Wash- ington's birthday), the first Wednesday of April (as State election day), the thirtieth day of May (as Memorial day), the fourth day of July (as Independence day), the first Monday of September (as Labor day), the twenty -fifth day of Decem- ber (as Christmas day), the second Friday in May (as Arbor day), and each of said days in every year, the Tuesday next after the first Monday of November in the year eighteen hundred ninety-six and in every second year thereafter (as National election day), or when either of the said days falls on the first day of the week, then the day following it, the first day of every week (commonly called Sunday), and such other days as the governor or general assembly of this state, or the president or the congress of the United States, shall appoint as holidays for any purpose, days of thanksgiving, or days of solemn fast, shall be holidays." Sec. 2. This act shall take effect upon its passage. CHAPTER 419. Passed Oct. 2, AN ACT IIS^ A3IENDMENT OF CHAPTER 63 OF THE GENERAL 1896. LAWS, " OF THE NORMAL SCHOOL, TEACHERS' INSTITUTES, AND LECTURES." It is enacted hy the general assemhly as foUoios : Section 1. Section 5 of Chapter 63 of the General Laws is hereby amended so as to read as follows : SvliSfex^^ "iSEC. 5. The trustees of the Normal School may pay to pupils. each pupil who shall reside within the State and not within five miles of said school, who shall have been duly admitted thereto, and who shall have attended the regular sessions of said school and complied with the regulations thereof during Chap. 420.] AMENDMENTS TO THE GENERAL LAWS. 101 the term next preceding such payments, not exceeding ten dollars for each quarter year for travelling expenses ; but such payments in the aggi-egate for such travelhng expenses shall not exceed the sum of two thousand dollars in any one year, and shall be made to the respective pupils entitled to the same in proportion to the distance they may reside from said school." Sec. 2. This act shall take effect on and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed. CHAPTER 420. AN ACT IN AMENDMENT OF CHAPTER 65 OF THE GENERAL Passed Got. 2, LAWS, ENTITLED "GENERAL PROVISIONS RELATING TO PUBLIC SCHOOLS." It is enacted ly the General Assemlly as follows: Section 1. Sections 9 and 10 of Chapter 65 of the General S'g andTa Laws are hereby repealed. Sec. 2. In the city of Providence, the school committee Po^^^^^^^^^it. of said city shall hereafter employ the superintendent and ^^encl^""^'" teachers, have charge and custody of all school buildings and school property, manage and regulate the schools, and draw all orders for payment of their expenses from the money ap- propriated by the city council for the support of pubhc schools : Provided, hoioever, that the city council of said city shall have the expenditure of all sums appropriated for the purchase of land for school purposes or for the improvement of the same or for the construction or repair of school build- ings. Sec. 3. This act shall take effect from and after its pas- sasre. 102 LAWS PERTAINING TO EDUCATION. [Chap. 485. Passed May 21, 1897. School com- mittee of Prov- idence author- ized to estab- lish a Public School Teach- ers' Retire- ment Fund. CHAPTER 485. AN ACT TO PROVIDE FOR THE CREATION AND DISBURSE- MENT OF A PUBLIC SCHOOL TEACHERS' RETIREMENT FUND IN THE CITY OF PROVIDENCE. It is enacted hy the General Assemhly as follows : Section 1. The school committee of the city of Provi- dence shall have power to establish what shall be known asi the Public School Teachers' Retirement Fund, which fundi shall be administered by the board of trustees hereinafter provided for. Said fund shall consist of : First. All moneys received from donations, legacies, gifts, bequests, or otherwise, for or on account of said fund. Second. On and after October first eighteen hundred ninety-seven, the school committee shall reserve and turn over to said fund one per cent, of the salaries paid to teachers who shall prior to that date elect to come under the provisions of this act ; and one per cent, of the salaries paid to all teachers appointed after said date : Provided, that no teacher shall be assessed for more than one per cent, of twelve hundred dollars per annum. Fund to be ad- ministered by whom. Third. All interest or income derived from the above moneys. Sec, 2. The president or chairman of the school com- mittee together with three members chosen by said com- mittee, the superintendent of schools, the city treasurer of the city of Providence who shall be ex-ofiicio the treasurer of said fund, and three representatives to be elected annually .; by those teachers of the public schools who contribute to ' the support of this fund in accordance with section 1 of this act, shall form a board of trustees who shall have charge of and administer gaid fund, and said board of trustees shall hap. 485.] AMENDMENTS TO THE GENERAL LAWS. 103 tiave power to invest and re-invest the same as shall be deemed by them most beneficial to said fund, and shall make payment from said fund of annuities granted in pur- suance of this act ; and shall from time to time make and establish such rules and regulations for the administration of said fund as they shall deem best. Sec. 3. Whenever a teachers' pay roll shall be certified to certain deduc- ■^ •' tions to be the city auditor for payment, it shall contain a statement of {^achei^s°™ay- the amount to be deducted from the salary of each teacher fund. who contributes to the support of said fund in accordance with the provisions of this act, which amounts shall be added by said city treasurer to said retirement fund ; and all amounts received by said treasurer for said fund, in accord- ance with the provisions of this act, shall be subject to the order of said board of trustees signed by the president and secretary of said board. Sec. 4. Every teacher who has annually contributed to who may be- come a bene- said fund in accordance with the provisions of this act for at f°]^^^ °^ ^^^'^ least five years, and shall have taught in public schools, if a man, not less than thirty-five years, or if a woman, not less than thirty years, twenty years of which service in both cases shall have been in the public schools of said city next preceding the time of retirement, may be retired and shall have the right voluntarily to retire from such service and become a beneficiary under this act ; and every such teacher so retired or retiring shall be entitled to an annuity for the remainder of his or her life, to be paid by said board of trustees out of said fund, equal to one half of the salary of such teacher at the time of such retirement, at the same times and in the same proportions as the salaries of teachers are paid : Pfvvided, that the annuity so paid shall in no case exceed six hundred dollars in any one year. Sec. 5. Every teacher in the public schools of said city, same subject. who shall have taught continuously therein not less than 104 LAWS PERTAINING TO EDUCATION. [Cliap. 540. ten years and for not less than five years annually con- tributed to said fund in the manner provided in this act and has become, without the fault of such teacher, mentally or physically incapacitated for such service, may retire or be retired therefrom and become a beneficiary of said fund in the same manner and to the same extent as provided in sec- tion 4 of this act : Provided, that such annuity shall cease when such incapacity ceases. Sec. 6. In case the fund should be insuflicient to pay the annuities provided for in section 4 of this act, the board of trustees shall make a ratable distribution among the teachers who may be entitled to annuities under the provisions of this act. Sec. 7. This act shall take effect from and after its pas- sasre. CHAPTER 540. Passed April 29, 1898. AN ACT IN AMENDMENT OF CHAPTfiH 53 OF THE GENERAL LAWS, "OF THE APPROPRIATION FOR PUBLIC SCHOOLS." It is enacted by the General Assembly as follows: Section 1. Section 7 of chapter 53 of the General Laws is hereby amended so as to read as follows : " Sec. 7. The sum of four thousand dollars shall be annu- trattv^a*^^a^^ ally appropriated for the purchase of dictionaries, encyclo- ratus. pedias and other works of reference, maps, globes, and other apparatus, for the use of the public schools of the state." Sec. 2. Section 8 of chapter 53 of the General Laws is hereby amended so as to read as follows : Appropriation for reference " Sec. 8. Said sum of four thousand dollars shall be appor- appropriation. ^^Qj^g(;^ among the Several towns and districts as follows : Apportion- ment of said Chap. 544.] AMENDMENTS TO THE GENEKAL LAWS. 105 Every town or district desiring to avail itself of this appro- priation shall make application therefor to the commissioner of public schools, with vouchers for the amount actually expended. Upon receipt of said application and vouchers ihe commissioner of public schools may draw his order on the general treasurer in behalf of said applicant, for half the amount of said vouchers, to an amount not exceeding twenty dollars in any one year in favor of any one district, or at the rate of ten dollars for each school, to an amount not exceed- ing two hundred dollars in any one year for any town : Provided, that the gross amount in any one year shall not exceed four thousand dollars." Sec. 3. This act shall take effect on and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed. CHAPTER 544. AN ACT TO SECURE A MORE UNIFORM HIGH STANDARD IN Passed May 4, THE PUBLIC SCHOOLS OF THIS STATE. ^^^ It is enacted by the General Assembly as follows: Section 1. In case any town shall consolidate three or Any town may consolidate more ungraded schools, and instead thereof shall establish three or more ° ' ungraded and maintain a graded school of two or more departments ^•^'^°°i®- with an " average number belonging " of not less than twenty pupils for each department, the state shall pay to such town one hundred dollars annually for each department of said schools towards the support thereof. Two or more towns may unite in the establishment and maintenance of such graded school, and in such cases the money paid by the state towards the support thereof shall be divided between the towns thus maintaining said school according to the number of pupils contributed by each town to the whole " average number belonging." 14 106 LAWS PERTAINING TO EDUCATION. [Chap. 544, Any district with ungraded school may consolidate with district having graded school. State aid provided for high school education. Applications to whom made. Provisions against forfeiture. Sec. 2. In case of tlie consolidation of any district main- taining an ungraded school with another district main- taining a graded school there shall be paid by the state to the town in which the districts are situated, on account of the latter district, the sum of one hundred dollars an- nually for each district so consolidated, the same to be used for the support of the aforesaid graded school, or for the transportation of pupils as provided for by section 8 of this chapter. Sec. 3. Any town maintaining a high school having a course of study approved by the state board of education, and in the town of New Shoreham any consolidated district provided for in section 1 of Chapter 57 of the General Laws, shall be entitled to receive annually from the state twenty dollars for each pupil in average attendance for the first twenty -five pupils, and ten dollars for each pupil in average attendance for the second twenty -five pupils. Any town not maintaining a high school, which shall make provision for the free attendance of its children at some high school or academy approved by the statfe board of education, shall be entitled to receive aid from the state for each pupil in such attendance upon the same basis and to the same extent as if it maintained a high school by itself. Sec. 4. All applications for aid under this act shall be made to the commissioner of public schools by the school committee of the town ; and said application must be accom- panied by the certificate of the principal teacher of the school on account of which the application is made, setting forth the facts relating to the attendance which is made the basis of the apiDlication. Sec. 5. After any school, such as is provided for in section 1 of this chapter, has been established it shall not forfeit its claim to its share of the state aid for a failure to maintain the required " average number belonging " unless said " av- •Chap. 544.] amendments to the general laws. 107 erage number belongino- " falls below fifteen for the several departments. Sec. 6. The sum of twenty thousand dollars, or so much Appropriation. thereof as may be needed, shall be annually appropriated for ihe payment of the several sums which may become due and payable under the provisions of this chapter ; and the state auditor is hereby authorized and directed to draw his orders on the general treasurer in favor of such towns for such sums as shall be certified to him by the commissioner of public schools as due to said towns under the provisions of this chapter. Sec. 7. In the apportionment of the annual appropriation consolidation of the one hundred and twenty thousand dollars provided ^n'y parrof^ by law for the support of public schools, no town shall for- ^^ '° money. feit any portion thereof hereafter on account of any reduc- iion in the number of its schools, by reason of the consolida- tion thereof in accordance with the provisions of this act, but each town shall continue to be entitled to the same amount from said annual appropriation upon the basis of the number of schools prior to such consolidation. (See .Sec. 2, Chap. 53.) Sec. 8. The school committee of any town may consoli- school com- mittee may date any schools the average number belonging of each of schoois*^^when which is less than twelve, for the purpose of establishing a graded school ; and said school committee shall have au- thority to provide, in their discretion, transportation for pupils to and from school. Sec. 9. No person shall be employed to teach, as principal Every teacher _ '- "^ 5 1 J- must have or assistant, in any school supported w^holly or in part by ggrt^oate public money unless such person shall have a certificate of qualification issued by, or under the authority of, the state board of education. {See Sec. 8, Chap. 60, and Sec. 1, Chap. 61.) 108 Examinations, when and by wliom held. Annulment of certificate. LAWS PERTAINING TO EDUCATION. [Chap. 545, Sec. 10. The state board of education shall hold, or cause to be held, in such jDlaces in different parts of the state, and at such times as they may determine, examinations for the position of teacher in the public schools of this state ; and said board of education is hereby authorized to issue certifi- cates of qualification which shall be valid throughout the state for the grade and time specified therein. Sec. 11. Said board of education may at any time annul for cause any certificate issued by them, after due notice to' the holder thereof, and an opportunity for a hearing if de- sired. Certificates issued without examination, when. Sec. 12. Said state board of education may, in their dis- cretion, issue certificates of qualification without examination to persons who have taught in the public schools in this state for three or more years, upon their filing with said board a written application approved by the school committee of the town where the applicant shall have taught the greater part of the three years next preceding the date of the appli- cation. Sec. 13. This act shall take effect on July first A. D. 1898,. and all acts and parts of acts inconsistent herewith are hereby repealed. CHAPTER 545. Passed May 4, AN ACT IN AMENDMENT OF CHAPTER 85 OF THE GENERAL. '' LAWS, "OF PROVISION FOR THE EDUCATION OF DEAF, BLIND, AND IMBECILE CHILDREN." It is enacted by the General Assembly as folloius : Section 1. Section 4 of Chapter 85 of the General Laws, is hereby amended so as to read as follows : Chap. 569.] AMENDMENTS TO THE GENERAL LAWS. 109 " Sec. 4. All bills arising under this chapter shall be ex- Appropriation amined and approved by the board of education, and the of deaf, blind, and imbecile state auditor is hereby authorized to draw his orders on the children. general treasurer for the payment thereof when properly certified by the secretary of the board and approved by the governor ; and a sum not to exceed fourteen thousand dollars, or so much thereof as may be needed, is hereby annually appropriated therefor out of any money in the treasury not otherwise appropriated." Sec. 2. This act shall take effect on and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed. CHAPTER 569. AN ACT TO PROVIDE FOR THE CREATION AND DISBURSE- Passed May 6, 1898. MENT OF A PUBLIC SCHOOL TEACHERS' RETIREMENT : FUND IN THE CITY OF NEWPORT. It is enacted by the General Assembly as follows : Section 1. The school committee of the city of Newport sohooi com- mittee of New- shall have power to establish what shall be known as the port author- ^ ized to estab- public school teachers' retirement fund, which fund shall be schoof^^'^^ administered by the board of trustees hereinafter provided tfrement fund. for. Said fund shall consist of First, All moneys received from donations, legacies, gifts, bequests, or otherwise, for or on account of said fund, and also any appropriation which the city council of said city may see fit to make'from time to time for the benefit of said fund, which appropriations are hereby authorized to be made by said city council. Secondi On and after September 1, 1898, the school com- mittee of said city shall reserve and turn over to said fund 110 LAWS PERTAINING TO EDUCATION. [Chap. 569. r one per cent, of the salaries paid to teachers who shall, prior to that date, elect to come under the provisions of this act ; and one per cent, of the salaries paid to all teachers ap- appointed after said date : Provided, that not more than one per cent, of twelve hundred dollars per annum shall be de- ducted from the salary of any one teacher. Third, All income or interest derived from the above moneys. Fund to be ad- Qec. 2. Three members of the said school committee, ministered by or how. chosen annually by said committee, the superintendent of schools, and three representatives to be elected by those teachers of the public schools who contribute to the support of this fund in accordance with section 1 of this act, shall form a board of trustees who shall have charge of and ad- minister said fund, and said board of trustees shall have power to invest and re-invest the same as shall be deemed by them most beneficial to said fund, and shall make pay- ment from said fund of annuities granted in pursuance of this act, and shall from time to time make and establish such rules and regulations for the administration of such fund as they shall deem best. The city treasurer of said city shall be ex- officio the treasurer of said fund. Of the three representatives to be elected by the said teachers at the time of their first election, one shall be chosen for a term of one year, one for two years, and one for three years, and thereafter one such, representative shall be chosen each year to serve for the; term of three years. ^j^rtemdeduc- ^-^^^ ^ Whenever a teachers' pay-roll shall be certifiedl teachers'^pay- to the city auditor of said city for payment, it shall contain,'! fund. a statement of the amount to be deducted from the salary ofi each teacher who contributes to the support of said fund inj accordance with the provisions of this act, which amounts; shall be added by said city treasurer to said retirement t Ohap. 569.] amendments to the general laws. Ill fund ; and all amounts received by said treasurer for said fund, in accordance with the provisions of this act, shall be subject to the order of said board of trustees, signed by the president and secretary of said board. Sec. 4. Every teacher who has annually contributed to said ^me'alfenefi- fund in accordance with the provisions of this act for at least tnni. °^ ^^^^ 6ve years, and shall have taug-ht in public schools for not less than thirty years, fifteen years of which service shall have been in the public schools of said city, may be retired, and shall have the right voluntarily to retire from such ser- vice and become a beneficiary under this act ; and every such teacher so retired or retiring shall be entitled to an annuity equal to one half the amount of salary received at the time of retirement, for the remainder of his or her life, to be paid by said board of trustees at the same time and in the same proportion as the salaries of public school teachers in said city are paid : Provided, that no annuity shall be paid till such retiring member shall have contributed to the fund a sum equal to all the assessments for thirty years had he been assessed hereunder upon his salary during said term, except under the conditions prescribed in section 5, and provided also, that the annuity so paid shall in no case ex- ceed six hundred dollars in any one year. Sec. 5. Every teacher in the public schools of said city, same subject. who shall have taught continuously therein not less than ten years, and for not less than five years annually contrib- uted to said fund in the manner provided in this act, and has become, without the fault of such teacher, mentally or physically incapacitated for such service, may retire or be retired therefrom, and become a beneficiary of said fund in the same manner and to the same extent as provided in sec- tion 4 of this act ; except that the teacher so retired may at the discretion of the board be exempted from the obligation to make good thirty full assessments as above, and such in- 112 LAWS PEETAINING TO EDUCATION. [Chap. 587i Contributors to fund, if dis- missed, to re- ceive what pro- portion of amount by them paid to same. Proceedings in case fund is in- sufficient to pay annuities. capacity shall be determined by the attending physician and one sent by the board of trustees, and the annuity shall cease Avhen the incapacity ceases. Sec. 6. Any teacher who shall be dismissed before having served ten years shall receive back all the money which such teacher may have contributed to the fund herein provided for ; but if dismissed after ten years and before having served twenty years, shall receive only two thirds of the amount so contributed ; and after twenty years only one third of the amount so contributed. Sec. 7. In case said fund should be insufficient to pay the annuities provided for in sections 4 and 5 of this act, the board of trustees shall make a ratable distribution thereof among the teachers who may be entitled to annuities under the iDrovisions of this act. Sec. 8. This act shall take effect from and after its passage. CHAPTER 587. Passed June 15, AN ACT IN AMENDMENT OF CHAPTER 64 OF THE GENERAL. ^-^ LAWS, ENTITLED "OF TRUANT CHILDREN AND OF THE- ATTENDANCE OF CHILDREN IN THE PUBLIC SCHOOLS." It is enacted by the General Assembly as follows : Of the attend- SECTION 1. The school Committee of the city of Providencee ance of chil- Uc^sohoois of^ shall divide the school year into two school terms of appro xi- dence^ Provi- j^j^^giy equal length ; and every person having under his- control a child between the ages of seven and fifteen years- residing in said city shall cause such child to regularly attend some public day school in said city for at least the: whole of one of such terms in each year, subject to the sam©: penalty and the same provisos as are specified in section 1 ofl Chapter 64 of the General Laws ; and, in said city, attend- Chap. 593.] amendments to the geneeal laws. 113 ance as aforesaid shall be required under all the provisions of Chapter 64 of the General Laws in the place and stead of the attendance for eighty full school days specified in said section 1 of said chapter. Sec. 2. All acts and parts of acts inconsistent here- with are hereby repealed, and this act shall take effect from and after its passage. / CHAPTER 593. AN ACT TO AUTHORIZE AND EMPOWER THE SCHOOL COM- Passed June 2, lo9o. MITTEE OF THE CITY OF PROVIDENCE TO CONTRACT WITH THE BOARD OF TRUSTEES OF THE RHODE ISLAND NORMAL SCHOOL. It is enacted by the General Assembly as follows : Section 1. The school committee of the city of Providence Provision for ■^ the education is hereby authorized and empowered to contract from time rlidents^t to time with the board of trustees of the Rhode Island Tohoofs^fn '*' '° normal school for the education of children residing in the sciiooi buiid- ing. city of Providence, in schools maintained in the Rhode Island normal school building and controlled by said board of trustees, upon such terms and conditions as may be mutu- ally agreed upon by said school committee and said board of trustees. Sec. 2. All expenditures of money by said school com- Expense of said education mittee made necessary by any contract made in pursuance how and by "^ ■' "^ -^ wiiom to be of the authority hereby granted shall be made out of the ^^^^' appropriations mad'e by the city council of the city of Provi- dence for the support of public schools. Sec. 3. This act shall take effect upon its passage, and all acts and parts of acts inconsistent herewith are hereby repealed. 114 LAAYS PEKTAmmG TO EDUCATION. [Chap. 620. CHAPTER 620. Passed March AN ACT IN AMENDMENT OF SECTION 6, CHAPTER 61 OF THE 3, 1899. GENERAL LAWS, "OF TEACHERS." It is enacted hy the General Assembly as follows : Section 1. Section 6, Chapter 61 of the General Laws, " Of teachers," is herebj" amended so as to read as follows : Members of school com- mittee and trustees of school districts are ineligible to teach in pub- lic schools. " Sec. 6. No member of the school committee of any town, or trustee of any school district, shall, so long as he continues in said office of member of the school committee or trustee; of school district, be eligible or employed to teach as prin- cipal or assistant in smj school supported entirely or in part by the public monej^, within the town where said member of the school committee or trustee resides." Sec. 2. This act shall take effect from and after its passage, and all acts or parts of acts inconsistent herewith are hereby repealed. INDEX. Abatement of taxes, when and how made, 50. Absentees, provisions and arrangements for, 69. Account of school commissioner to State auditor, 65. of scliool moneys, penalty for neglect to deliver to successor, 72. Acts of incorporation, public acts, 14. Additions to district, liable how far, 48. Admission to R. I. School for Deaf, by trustees, 83. Advanced school provided for, 46. Advertisement of sale of property for taxes, 24, 26. Agreement to submit dispute to commissioner, when, 61. Agriculture and Mechanic Arts, R. I. College of, 74-78. Aid, collector of taxes may require, 28. Afcohol, instruction as to effect of, upon human system, 55. Aldermen, Board of, words "toMai council" construed to mclude, 13, penalty for neglect of, to appoint truant officer, 70. to appoint special constables under truant law, 66. Amount of tax to be approved by school committee, 43. Annual meeting of districts, notice of, 44. when to be held, 44. Apparatus, appropriation for, 36, 104. applications therefor to be recorded, 37. how apportioned, 3,7, 105. Appeals from condemnation proceedings, 54. to school commissioner, 61. Apportionment of property where district is divided, 48. of public money to districts, 56. when to be made, 56. of State appropriation for libraries, 32. for public schools, 36. Appraisal of land for schoolhouse, how made, .54. 116 LAWS PERTAINING TO EDUCATION. Appropriation, State, for apparatus and reference books, 36, 104. for evening schools, 37. for graded schools, 105, 107. for high schools, 106, 107. for lectures and teachers' institutes, 64. for libraries, 32. for public schools, 3.5. for travellmg expenses of pupils of Xormal school, 64, 100. to School of Design, 78. towTi, for libraries, 17, 19. for schools, 17, 36. Arbor Day, programme for, 35. to be a legal holiday, 92, 100. Assessing and collecting poll taxes, 22. Assessment of tax, errors m, how corrected, 50. notice of, 49. when ordered by school commissioner, 49. Assessors of taxes, compensation of, 29. Associate districts, how formed, 46. organization of, 46. powers of, 46. public money how paid to, 47. Attendance at school of non-residents, how reckoned, 52. required of what children, 65, 112. rules for, made by school committee, 55. Auctioneers, duties paid by, added to school fund, 15. Beneficiaries at School of Design, 78. blind, deaf, and imbecile, 81, 98. bills for, how paid, 82, 108. Bequests and legacies to libraries, how treated, 20. Blackboards, school districts may supply, 43. Blanks and registers to be provided, 33. for school census, 41. for report of school committee, 58. Blind, imbecile, and deaf children, education of, 81, 98. Board of Education, State, 31. constitution of, 31. duties of, 31, 32, 37, 63, 78, 107, 108. how divided, 31. INDEX. 117 Board of Education, State, how elected, 31. may appoint beneficiaries, 78. meetings of, 32. may annul teachers' certificates, 108. officers of, 32. terms of office of, 31. to appropriate money and make rules for libraries, 32. to hold examinations, for teachers, 108. to issue teachers' certificates, 107, 108. to make report to general assembly annually, 34. to receive reports, 33, 78, 88. . to supervise education of deaf, blind, and imbecile children, 81. travelling expenses of, how paid, 34. Boundaries of school districts, how changed, 53. to be recorded by town clerk, 41. Bribery of school officers prohibited, and penalty for, 73. Census of children of school age, 41. retu^rns of, certified to school commissioner, 42. deposited with school committee, 42. Certificates of attendance at school, kept by employer, 68. of incorporation, confer what powers, 94. form of, 93. issued by secretary of state, 93. of qualiflcdtion of school teachers, valid how long, 59. when needed, 59, 107. of vaccination, required when, 74. Certificate voters, 7. Change in text-books by committee, how made, 58. Children, employment of, prohibited when, 67, 68, 79. See State Home and School for Children. Christmas Day, to be a legal holiday, 92, 100. City, word "town" construed to include, 13. clerk, words "to\^ai clerk" construed to include, 13. Classification of voters, 6. Clerk, commissioner may employ, 34. of school committee, 53. of school district, election, powers, duties, 43-45, 63. ' to record votes, when, 45. See Toivn Clerk. 118 LAWS PERTAINING TO EDUCATION. Clothing for blind, deaf, and imbecile children, 81. Collection of taxes, 23. from persons taxed being out of State, 27. of district taxes, 43. Collectors of taxes, 43. compensation of, 30. 'may adjourn sale, 27. may advertise and sell real estate, 24. may distrain, when, 26. may follow persons or property, 27. may recover tax, how, 27. may remove personal property, 27. may require aid, 28. to give bond, when, 43, 62. Commissioner of public schools, 34. duties of, 34, 35, 36, 37, 41, .58, 61, 64, 65, 70, 104, 105. election of, 31. may employ clerk, 34. may visit schools receiving aid from State, 72. may withhold school money from town, when, 41. poAvers of, in case of tax by jomt or associated districts, 50. to admmister oaths, 11. to correct errors in assessing tax, 50. to order abatement of tax, 50. to remit fines, 63. pro tempore, may be appointed by the governor, 34. school committee to prescribe rules and studies under direction of, 55. term of office of, 34. to apportion appropriation for public schools, 36. to approve plans for schoolhouses, when, 43. tax, repairs, etc., of joint district, when, 50. to be secretary of Board of Education, 32. trustee of Xormal School, 63. to furnish blanks, 41, 58. to draw appropriation for apparatus, 37. for free libraries, 33. for public schools, 36. to hear appeals and decide on matters of dispute, when, 61. to hold teacher's institutes, 64. to notify authorities of neglect under truant law, 70. INDEX. 119^ Commissioner of public schools, to order assessment and collection of district tax, when, 49, 50. to prepare programme for Arbor Day, 35. to receive application for aid for high and consolidated schools, 106. to receive reports, 41, 42, 58. to report annually to Board of Education, 35. to secure uniformity of text-books, 35.- to submit statement to justice of supreme court, when, 61. to visit schools, 34. Committee. See School Committee. Compensation of assessors, 29. of superintendent of schools, 40. of trustees, 52. Complainant ui case of truancy, 67. Computation of time, 13. Condemnation of land for schoolhouses, how made, 54. Condition of aid to free public libraries, 32. of employment of children, 67. of receiving teachers' money, 36. Consent of school committee for district meeting, when required, 45. Consolidated district entitled to Avhat moneys, 47. how formed, 47. organization of, 47. Consolidation of ungraded schools, 105. by school committee, when, 107. Constitution of the State, extracts from, 3. declaration of rights in, 3. educational provisions of, 5. objects of government under, 4. qualifications for office under, 4. religious freedom secu.red by, 4. Construction of statutes, 12. of word "gender," 12. "land" or "lands," 13. "number," 12. "oath," 13. "person," 12. ' 'seal," 14. "town," 13, of words giving joint authority, 12. 120 LAWS PERTAINING TO EDUCATION, Construction of statutes. of words "insane person," 13. "justice of peace," 13. "month" and "year," 13. "town clerk," 13. "town council," 13. "towTi sergeant," 13. "town treasurer," 13. "^ "r'nited States," 13. "ward clerk," 13. Corporations, literary and scientific, how formed, 93. powers of, 94. Costs not taxed to school officers, when, 62. Court may discharge convicted truants, when, 69. Deaf, blind, and imbecile, period of education of, may be extended, 98. provision for education of, 81, S2, 98, 108. Debts of districts, how treated, 39. Deduction of taxes allowed when, 29. Difference hi value, how adjusted, 39. Diplomas, Xormal School, condition for receivmg, 64. Discontinued districts, powers and duties of, 39, Dismissal of teacher, when and how, 55, 59. Dispute may be submitted to commissioner, when, 61. Districts may be abolished by to^^n, 38. may be formed, 38. See School District. District boimdaries to be kept by tcmi clerk, 41. meetmgs, 44. aiotice of, by whom given, 44. how given, 45. where to be held, 45. officers hold how long, 72. must be engaged, 71. penalty for neglect of duty by, 72. property, how to be appraised, 39. taxes, how collected, 43. how levied, 49, when assessors to be called on to assess, 49. Disturbance of school or any public meeting, 95. INDEX. 121 Division of district, how treated, 48. Documents, i3enalty for unlawful refusal to deliver official, 16. Dogs, 88. to be licensed, 89. Donations for support of public schools, .5. Education of deaf, blind, and imbecile, 81, 98. provisions of constitution for, 5. Election Day, national, to be legal holiday, 92, 100. State, to be legal holiday, 92, 100. Election of school committee, 39. Electors, rights and qualifications of, 6-10. See Voters. Employer to keep certificate of attendance at school, 68. register of all under 16, 79. Employment of children forbidden, when, 67, 79. Engagement of district officers, 71. evidence of, 71. to office, form of, 10 Entry by collector unnecessary, 25. Errors in tax to be corrected, how, .50. Evening school appropriation, 37. Evidence of engagement to office, 71. that district meeting has been duly notified, 63. Examination of pupils for l^ormal School, 64. of teachers, 55, 59, 64, 108. Exclusion from school must be by general rule, 71. Execution for tax sale, how issued, 27. Exemption from liability to send child to school, 66. from taxation, 20, 21. Experiment station established, 75. Expenses of State board of education, 34. Factory and manufacturing establishments defined, 79. inspectors, 79. duties of, 80. how appointed, SO. Failure to comply with truant law forfeits school money, 70. Fees allowed truant officer, when, 67. for books in free public library not to be exacted, 19. not to be offered to school officers, 73. 16 122 LA^YS PERTAINING TO EDUCATION. Fees not to be received by school officers, 73. of collector of taxes, 30. Fines for disturbing meetings or schools, 95. for employment of children in factories, 68, 69. for injury to property of libraries, 95. for neglect of duty, 72. in school matters, commissioner may remit, 63. imder truant law, how used, 70. Flags, foreign, not to be put up on schoolhouses, 96. Foreigners to file proof of citizenship, 8. Forfeited or unexpended money, how treated, 58. Forfeiture of teachers' money, 36. Formation of district, restrictions on, 54. Forms of engagement to office, 10. Fourth of July, to be legal holiday, 92, 100. Free public libraries, aid for, 32. how established, 17, 18, 19. how maintained, 17, 19. payments to, how made, 33. to comply with rules of board of education, 32. Free text-books to be supplied by school committee, 58. Fund, permanent. See Permanent School Fund. for free public libraries may be accepted by town or city cormcil, 19. Gender, how construed, 12. General powers of school districts, 42. provisions concerning taxes, 29. relating to public schools, 71. General tax laws applicable to school districts, 30. General Treasurer to have custody of school fund, 14. Gift to free public library, how receipted for, 20. Governor may administer oaths anywhere in State, 11. member and president of State board of education, 31, 32. to advise as to investment of permanent school fund, 14. to appoint board of control for State Home and School, 85. commissioner of public schools pro tempore, 34. factory inspectors, and may remove them, 80. State beneficiaries, blind, deaf, etc., 81, 98. trustees of E. I. Institute for the Deaf, 82. INDEX. 123 High Schools, State aid for, 106. Holidays, legal, what are, 92. as amended, 100. Hygiene, mstruction m, to be provided, 55. Idiot, provisions for edncation of, 81, 98. Imbecile, deaf, and blind children, 81, 98. Improper children at State Home and School may be returned, 86. Income of school fund, how to be used, 15. indebtedness of town, limit of, 18. Incorporation, 92. Incorrigible pupils may be suspended, 56. Insane person, how construed, 13. Institutes and lectures for teachers provided for, 64. Insurance of schoolhouses, 43. Joint authority, how exercised, 12. may be exercised by whom, 13. Joint school districts, 46. how formed, 47. organization of, 47. powers of, 47. Joint district tax, how approved, 50. Joint or associate tax, provisions concerning, 50. Judgment against a district, how satisfied, 62. Jurisdiction, justice courts to have, m truant cases, 70. over State Home and School cases, with probate court, 87. Justice of peace, how construed, 13. of supreme court, when may be appealed to, 61. Labor Day, to be legal holiday, 92, 100. Land, or lands, how construed, 13. how condemned for school purposes, 54. Lectures on subjects of education, how provided, 64. Legacy to free public library, how discharged, 20. Legal proceedings relating to public schools, 60. Letters, retiring officer to deliver official, to whom, 15. Levy of district taxes, 48. Libraries, free public, establishment and control of, by towns, 18. how aided, 32. how incorporated under general law, 93, 94. 124 LAWS PERTAINING- TO EDUCATION. Libraries, free piiblic, malicious mischief to, 95. neglect to return books to, 95. powers of town to appropriate money for, 17, 19. to report to board of education, 32. trustees of, election and duties, 19. school, powers of toAvn to vote money for, 17. school districts may maintain, 43. Lieutenant-Governor, ex-officio member of State board of education, 31. Limitations of town indebtedness, IS. of towTi taxes, IS. Literary associations, how organized as corporations, 93, 94. Location of R. I. College of Agriculture and Mechanic Arts, 75, of schoolhouses, 54. Malicious mischief to libraries, 95. rianufacturing establishments, employment of minors in, 67-69, 7£ Maps and other school apparatus, provision for, 36, 104. school district may supply, 43. Masculine gender includes feminine, 12. Meetings, district. See School District. of school committee, 53. Memorial Day, to be legal holiday, 92, 100. Mercantile establishments, employment of minors m, 67, 79. Mileage for I^ormal pupils, provision f oi', 64, 100. Minimum apportionment of public money, 56. Minors, convicted imder truant law, commitment of, 69. employment of, prohibited when, 67-69, 79. to attend school, 65. Miscellaneous corporations, as libraries, how formed, 93. limited as to property, 94. may amend agreement, 94. Money for schools, distributed how and when, 56, 57. statements of, to be made by town treasurer, 41. to be received and paid out by town treasurer, 40. unexpended or foi'feited, how treated, 58. tuition, used how, 52. Month and year, how construed, 13. Moral mstruction must be given, 60. INDEX. 125 Neglect of duties by officers, 29, 12. to return books to libraries, 95. to send children to school, to be inquired into, 67. Newport, teachers' retirement fund in, 109. No person to be excluded from school save by general rule, 11. Normal School, how managed, 63. graduates from, entitled to diploma, 64. may give teachers' certificate, 64. qualifications for free tuition m, 64. to be open to children of deceased soldiers and sailors, 73. travelling expenses of pupils in, 64, 100. trustees of, how constituted, 63. to prescribe examination of applicants for admission, 64. Notice of assessment, when given by town assessor, 49. of district meetings, by whom given, 44. how given, 45. of tax sale, how given, 24. to non-residents, 25. to parties interested, 24. to residents, 24. of personal property, 26. Number, singular and plural, how construed, 12. Nuisances prohibited near schoolhouse, 72. Oath, how construed, 13. by whom administered, 10. who may administer in counties and towns, 11. in matters of their ofiices, 11. throughout the State, 11. of office and how admmistered, 10. of school district officers, evidence of, 71. except moderator, 71. Offences, against private property, 95. agauist public peace, 95. against public policy, 96. Officers, joint authority to three or more, how construed, 12. liability of, for neglect of duty, 29, 72. offering of fees to, forbidden, 73. of public schools, forbidden to receive fees, etc., 73. 126 LAWS PERTAINING TO EDUCATION. Officers of school district, 43. powers of, 43. of scliools receiving State aid to report annually, 33. to surrender official records, when and to whom, 15. Orders on school fimd dra\^^l when, .57. payable to Avhom, 57. Ordinances to be made for attendance of children in schools, 69. Parents to cause child to attend school, 65, 112. penalty on, for illegal employment of children, 68. Payment of taxes, proof of, 9. Payments to free public libraries, how made, 33. Penalty for disturbing meetings or schools, 95. for employing child contrary to law, Q8. who cannot write, 69. for failure to deliver official records, 16. to send children to school, 65, 112. for making false registry, 8. false returns or other neglect of duty, 72. for malicious mischief to property of libraries, 95. for misappropriating moneys, 72. for non-payment of taxes, 29. for non-remittance of returns, 41, 42, 58. for refusal to give information, in school census, 42. to permit schools to be visited by school committee, &c. for truancy, 69. general, 74. Penalties, etc., school commissioner may remit what, 63. Permanent school fund, 5, 14. additions to, 15. custodian of, 14. investments for, 14, 15. not to be diverted by General Assembly, 5. town share of school money, when to be added to, 15, 36. uses of mcome of, 15. Person, how to be construed, 12. Personal property and registry voters, 6. Personal property voters not to register annually, 9. Physiology and hj'giene, instruction m, to be given, 55. Place ot district meetmgs, 45. INDEX. 127 Places of employment to be visited by factory inspectors, 80. by truant officers, 68. Plans for building or repairs to be approved, 43. Plural number includes singular, 12. Poll taxes, collection of, 22. for support of piiblic schools, 23. method of assessing, 22. when and on vvrhom assessed, 22. Powers and duties of district officers, 43. of school committees, 53. of towns and town officers, 38. of, and suits by and against, towns, 16. of associate districts, 46. of consolidated districts, 47, 48. of joint district, 47. of school districts, 42. Preference of taxes in insolvents, 29. Printing report, money reserved for, 58. Private schools, may be approved when, 66. to be registered and report, 33. Proceedings in case of children in State almshouse, 87. Proceeds of dog licenses to be used for schools, 90, 91. Process agamst district, how served, 63. under truant law, by whom served, 67. Proof of payment of taxes, 9. Property exempt from distraint, 26. liable to, and exempt from, taxation, 20. Providence, school committee of, may make contract with trustees E. I. Normal School, 113. schools of, how to be governed, 73, 101. attendance of children in, 112. teachers, retirement fund in, 102. * Title IX. how for applicable to, 73, 101. Public libraries. See Libraries. Public money apportioned to jomt districts, 48. how paid to associate district, 47. Public records, 15. Public schools. See Schools. Pupils. See Scholars. 128 LAWS PERTAINING TO EDUCATION. Qualifications and rights of voters, 6. for free tuition in Xormal School, 64. for office, 4. for voting in district meeting, 4-5. required of teacliers, .59, 107. Real estate, deed of, for taxes, what title vested in purchaser by, 2.5. how advertised and sold for taxes, 24. how condemned for school purposes, 54. if aliened, not to be sold for tax, in what case, 24. may be sold for taxes, 24. taxes agahist owner of, a lien on, 23. how long, 24. voters, 7 Record of district clerk prima facie evidence, 6-3. Record vote, when to be taken, 45. Redemption by owner of land sold for taxes, 25. Reference books, appropriation for, 36, 104. Refusal to allow visitation forfeits State aid, 72. Register of scholars to be kept by teachers, 60. to be deposited where, 57. Registering and listing of voters, 8. Registry and personal property voters, 6. Registry list to be furnished by town clerk, 9. Regular appropriations for support of schools, 35. Religious purposes, buildings and land held for, exempt from taxation, 20. Religious societies, what property of, exempt from taxation, 20. Remission of fines and foi-feitures, how done, 63. Repeal of statutes, effect of, 14. Report of Board of Control of State Home and School, annual, 88. of board of education, annual, 84. of Commissioner of public schools, 35. of school committee to commissioner, 58. to town meeting, 58. of trustees of R. I. Institute for the Deaf, annual, 84. to board of education, of schools aided by State, 33. Retirement fmids for teachers, 102, 109. beneficiaries of, who may be, 103, ill. payments to, when and how made, 103, 104, ill, 112. sources of, 102, 109. INDEX. 129 Retirement funds for teachers, treasurer of, 102, 110. trustees of, 103, 110. Returns made to school committee by trustee, 51. Returns of school census, where deposited, etc., 42. Rhode Island College of Agriculture and Mechanic Arts, 74. a body corporate, 75. board of managers of, adopt course of study, 77. duty of, 76. employ faculty, 77. officers of, 77. location of, 75. object of, 75. terms of office of members of corporation, 76. to have moneys received from United States, 75. treasurer of, to give bond, 77. to make annual report to general assembly, 77. vacancies in corporation, how filled, 76. Rhode Island Institute for the Deaf, 82. management of, 88. may issue diplomas, 99. object of, 83. who may attend, 98. who may be admitted to, 83. who must attend, 99. Rhode Island School of Design, 78. board of education, how appoint beneficiaries at, 79. how pay tuition fees, 79. to elect two directors of, 78. State beneficiaries at, 78. to make annual report, 28. Rights and qiialifications of voters, 6. Rules and regulations, for appeals, 61. for libraries, 19, 32. to be made by committee, 55. Sailors, children of dead or invalided, schools free to, 73. Scholars authorized to attend in adjoining town or district, when, 55. if less than five, school may be suspended, 57. in normal school, privileges of, 64. may be suspended, when, 56. 17' 130 LAWS PERTAINING TO EDUCATION. Scholars not to attend school unless vaccinated, 74. register of, to be kept by teacher, 60. school committee to make rules for classification of, 55. text-books and supplies to be loaned to, 58. to be taught principles of morality and virtue, GO. transportation of, 106. without town, admitted by trustee, when, 52. Schoolbooks. See Text-Books. School census, returns of, made to whom, 42. taken when, 41. School Commissioner. See Commissione7- of PuhKc Schools. School Committee, alter district boundaries, Avhen, 53. appeal from, how taken, proceedings thereon, 61. choice of, 39. fees to, prohibited, 73. may annul certificates, 55. may consolidate schools, when, 107. may dismiss teachers, when, 59. may excuse child from attendmg school, when, 66. may fix time and place to organize associate district, 46. may reserve money for printing report, 58. may suspend pupils, when, 56. may suspend school, when, 57. members of, ineligible to teach public school, 60. meetings of, 53. no special district meeting without consent of, when, 45. number of, increased when, 39. oflftcers of, 53. power of, to abate tax in certain cases, 50. to approve tax for erection and repairs of schoolhouses in joint districts, 50. to change text-books, 58. to form and regu^late joint school districts, 47. when districts are abolished, 39. schools to be u.nder care of, 38. to apportion money, etc., when district divided, 48. to approve amount of tax ordered by school district, 43. to approve bond of collector of district tax, 43. to approve organization of consolidated district, 47. to approve plans for erection and repairs of schoolhouses, 43. INDEX. 131 School Committee, to draw orders, when, 47, 57. to elect superintendent of schools, 40. to examine teachers, 55. to furnish free books and supplies, 58. to have care of schools in discontinued districts, 44. to have entire control of districts abolished, 39. to locate schoolhouses, 54. to make apportionment, when, 56. to make rules and regulations, 55. to manage schools wholly, when, 56. to provide for attendance of children in adjoining town or district, 56. to provide instruction in physiology, etc., 55. to report to board of education, 70. to commissioner, 58. to town, 58. to visit schools, 55. when and how call meeting to organize district, 44. when call special meeting of school district, 45. when may exercise powers and duties of district, 44. of trustees, 52. when to organize school in districts, 44. School district, a body corporate, 42. associate, for having advanced schools, how formed, 46. clerk, collector, treasurer of, duties, powers of, 43. consolidated, how formed, 47, 106. general powers of, 42. joint, how formed, 47. judgment agamst, how satisfied, 62. legal process against, how may be served, 63. may be'abolished, 38. may build and repair schoolhouses, 43. may devolve power on school committee, 44. may vote a tax, 43. meetings of, annual, when held, how notified, 44. for organization, how notified, 46, 47. ■special, how called, how notified, 45. moderator of, may admmister oath to other officers, 43. officers of, 43. evidence of engagement of, 71. except moderator, in what form to be engaged, 71. 132 LAAYS PERTAINING TO EDUCATION. School district, officers of, tenure of office of, 72. providing sclioolhouses, not to be taxed for others, 38. suits against, wlro may answer, 62. trustees of. See Trustees of School Districts. what powers remaiii to discontinued, 39. when divided, property of, how apportioned, 48. when not to be formed, 54. School fund. See Permanent School Fund. Schoolhouses, foreign flags not to be raised over, 96. how provided by associate districts, 46. how supplied with furniture, fixtures, etc., 38, 43. land for, how condemned, 54. may be built by town, 38. nuisances near, prohibited, 72. to be in custody of trustees, when, 51. to be located by school committee, .54. School libraries, power of to^^'n to vote money for, 17. State appropriation for works of reference, etc., for, 36. School of Design. See Bhocle Island School of Design. School officers prohibited from takmg fees, 73. what ones are ineligible to teach, 60, 114. School property, in care of trustees, 51. Schools aided by State, to be visited by public school officers, 72. to report to board of education, 33. consolidation of ungraded, 105. by school committee, when, 107. provisions agauist forfeiture of State aid in case of, 106, 107. general supervision of, vested in board of education, 31. high. State aid for, 106. must be maintained, 38. private, to register and report to board of education, 33. scholars may attend, in another district, when, 57. in another tcrni, 52, 56. school committee may establish. 44. suspended when, 57. time of opening and closing, trustees to give notice of, 51. to be visited by committee, 55. imgraded, may be consolidated, 105. School supplies furnished at expense of town or city, 58. Seal, what is meant by, 14. INDEX. 133 Singular number, how construed, 12. Soldiers and sailors, children of, have free tuition when, 73. Special district meetings, how called, 45. illegal when, 45. State Home and School for Children, 84. board of control of, how appointed, 85. how constituted, 84. secretary of, duties and term of otHce of, 85. to have compensation, 85. to establish system of management, 85. to keep register of children, 88. to report to board of education, 88. to receive what children, 85. control and maintenance of, vested in whom, 84. establishment of, 84. object of, 86. what children may be sent from State almshouse to, 87. State school money, how apportioned, 36. Statutes, construction of, 12. repeal of, effect of, 14. special, to prevail, 74. take effect when, 14. Studies in schools, how prescribed, 55. Submission by agreement to school commissioner, 61. Successors in office, retiring officers to deliver official possessions to, 15. what officers contmue m office till qualification of, 72. Suit agamst district may be answered by whom, 62. Superintendent of schools, compensation of, 40. duties of, 40. how elected, 40. Supreme court, justices of, to hear and decide on school appeals, when^ 61. Surety for costs not to be given by truant officer, 70. Surplus of tax sale returned to owner, 26. Suspension of pupils by school committee, 56. Tax, abated when and how, 50. certified lists of persons paymg, to be furnished when and by whom, 10. collected, from real or personal estate, 24. 134 LAWS PERTAINING TO EDUCATION. Tax, compensation of assessors, collectors of, etc., 29. deductions from, when, 29. for free public libraries, what and when, 17. general provisions concerning, 29. lien on real estate, how long, 23, 24. limitation of, 18. may be voted by school district, 43. of joint district, how approved, 50. penalty for non-payment of, 26, 29. proposition to impose, who not permitted to vote on, 7. school district, collection of, 30, 43. to be assessed by trustees, 51. to qualify persons to vote, 8, 9. town to raise by, for schools, amount equal to State appropriation, 36. Taxation, property liable to, and exempt from, 20, 21. Tax collector to furnish certificates of taxpayers, 10. Tax sale, notice of, given owner and others interested, 24, 25. redeemable, when, 25. vests what title, 25. Teachers, 59. certificates to, by State Board of Education, 107. by trustees of normal school, 64. duty of school committee to examine, 55, 59. may be dismissed, when, 59. must have what qualifications, 59, 107. retirement funds for, 102, 109. school district neglecting to employ, school committee may employ, 44. State appropriation for schools to be applied to wages of, 36. to be hired by trustee, when, 51. to have certificate of qualification, Avhen, 59, 107. to impart what moral instruction, 60. to keep record of pupils vaccinated, 74. to keep registers and make reports, 60. what school ofiicers ineligible as, 60, 114. Teachers' certificates, how long valid, 59. Teachers' Institutes, appropriation for, how expended, 64. Teachers' money, drawn on order of commissioner, 36. forfeiture of, 36. State appropriation to be denominated, 36. what, and how used, 36. INDEX. 135 Tenure of office, of board of control of State Home and School, 85. of board of managers of E. I. College of Agriculture and Mechanic Arts, 16. of commissioner of public schools, 34. of school committee, 39. of school district officers, 72. of State board of education, 31. of trustees of R. I. Institute for the iJeaf, 82. Text=books, may be changed, how, 58. how m Providence, 58. receivmg or offering fees for exchange of, forbidden, 73. school committee to place m school rules for use of, 55. to be furnished at expense of town or city, 58. Thanksgiving Day, appointment of, as legal holiday, 92, 100. Time, how computed, 13. Title vested by tax sale, 25. Town, how construed, 13. entitled to what part of State appropriation for scliools, 36. entitled to State aid for providing high school facilities, 106. may abolish districts, 38. may be divided into districts, 38. may build schoolhouses, 38. may consolidate schools, 105. may establish and maintain free public libraries, 17. may vote money for free library not its own, 17. may vote money for schools, 17. power of, to assess ratable property, limited ; exceptions, 18. to incur debt, limited ; exceptions, 18. powers and duties of, relative to schools, 16, 38. to make appropriation for free public library, 19. to maintain schools, 38. Town assessors to give notice, 40. when to aid in levy of district taxes, 49. Town clerk, how construed, 13. to furnish certificate of records, 9. to furnish registry list, 9. to record district boundaries, 41. to take school census, 41. Town collector may collect district taxes, 43. Town council, how construed, 13. 136 LAWS PERTAINING TO EDUCATION. Town council, penalty for neglect of, to appoint officers or make ordi- nances under truant law, 70. to appoint special constables under truant laAv, 66. to elect board of trustees of free public library, 19. to fill vacancy in school committee, 40. to make ordinances, etc., concerning truants, 69. Town or city council may receipt for gift of free library, 19. Town sergeant, how construed, 13. Town treasurer, construction of words, 13. custo'dian of all school money, 40. duties of, in receiving and paying school moneys, 40. to make statement to committee, 41. to report to school commissioner, 41. Travelling expenses of pupils in Normal school, money for, 64, 100. Treasurer of school district, election, powers, etc., 43. Truant children and attendance at school, 6-5, 112. Truant officers, duties of, 67. how appointed, 66. to demand names of children employed, 68. to visit all places employing children, 68. Truant orduiances to be made, 69. Truants, district courts have jurisdiction of, 70. may be committed to suitable places of instruction, 69. may be discharged, when, 69. Trustees of free public library, divided into classes, 19. elected by town council, 19. to have charge of library, 19. vacancies in, how filled, 19. Trustees of R. I. Institute for the Deaf, how appointed, 82. how constituted, 82. to report to assembly, 84. Trustees of Rhode Island ]N'ormal School, how constituted, 63. may contract with school committee of city of Providence, 113. may give certificates of qualification, 64. Trustees of school districts, 51. appeals from decisions of, how taken, and proceedmgs, 61. election of, 43, 97. how call meetings of districts, 44, 45. how engaged, 71. ineligible to teach m public schools, 60, 114. INDEX. 137 Trustees of school districts may allow pupils from out of town to at- tend, 52. of associate districts, how appointed, 46. to employ teacher, 51. to have custody of schoolhouse, 51. to have no pay save from district funds, 52. to make out tax hills, 51. to make returns to school committee, 51. to provide cases for schoolbooks, 51. to provide school facilities, 51. to visit schools, 51. when determine place of meeting, 45. when may be chosen separately, 97. Tuition money, how to be used, 52. United States, includes what, 1.3. Unregistered voters, 7. Vacancy in board of managers for college of agriculture, how filled, 76. in office of trustee of free public library, how filled, 19. in school committee, how filled, 40. in school district officers, how filled, 43. in State board of education, how filled, 31. Vacation in public schools, children employed during, 67. Vaccination, compulsory, as a prerequisite to enter school, 74. Violation of laws relative to public schools, penalties on, 74. Voluntary associations, how formed, 92-94. Voters, classified, 6. in school districts, qualifications of, 45. lists of, furnished by clerks, 9. rights and qualifications of, 6. Vote to levy tax final, when, 61. Ward clerk, how construed, 13. Warrant of distress, how to issue, 28. to collect, in force till tax collected, 28. Wasliington's birthday, to be legal holiday, 92, 100. Words, construction of, in statutes, 12-14. See ConMruction. Year, how construed, 13. 18 FD 5. * '^v .^'\ <' C, Kf •,* ^"^ ^^ o-H ^^ ro"-. V -f ^_ "Tf^-'.'t^^" ,. ^°-;^ A " = <. -rf". ^^--^ 0' DOBBS B30S. ^ ."^ » ^^I^C- "^r^ c^ » LIBRABY BINDING '^^V "jf^"'"^^- U^' <^ * UL 7 ^^^^ox, ST. AUGUSTINE y "\D 'o FLA.