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63.

where return

Compensation.

Warrants issued under the provisions of the five pre- Warrants, ceding sections shall be returnable before any trial justice or able. judge of a police court, at the place named in the warrant; G. S. 42, § 8. and the justice or judge shall receive such compensation as the city or town determines.

MASSACHUSETTS SCHOOL FUND.

how invested.

be used.

64. The present school fund of this commonwealth, together school fund, with such additions as may be made thereto, shall constitute a Income only to permanent fund, to be invested by the treasurer with the approbation of the governor and council, and called the "Massachusetts School Fund;" the principal of which shall not be diminished, and the income of which, including the interest on notes and bonds taken for sales of Maine lands and belonging to said fund, shall be appropriated as hereinafter provided.

distributed.

65. One half of the annual income of said fund shall be Income, how apportioned and distributed for the support of public schools Ibid. § 2. without a specific appropriation. All money appropriated for other educational purposes, unless otherwise provided by the act appropriating the same, shall be paid from the other half of said income so long as it shall be sufficient for that purpose. If insufficient, the excess of such appropriations in any year shall be paid from any money in the treasury not otherwise appropriated. If the income in any year exceeds such appropriations for the year, the surplus shall be added to the principal of said fund.

tioned for
schools.
When towns
are not entitled

Ibid. § 3.

66. The income of the school fund appropriated by the pre- How appor-ceding section to the support of public schools, which may have accrued upon the first day of June of each year, shall be apportioned by the secretary and treasurer, and on the tenth day of to share. July be paid over by the treasurer to the treasurers of the several towns and cities for the use of the public schools, according to the number of persons therein between the ages of five and fifteen years, ascertained and certified as provided in sections thirty-three and thirty-four. But no such apportionment shall be made to a town or city which has not complied with

1

G. S. 36, § 3.

Income re-
ceived by
towns, how
applied.
Ibid. § 4.

the provisions of sections thirty-five and thirty-six of said chapter, or which has not raised by taxation for the support of schools during the school year embraced in the last annual returns, including only wages and board of teachers, fuel for the schools, and care of fires and school-rooms, a sum not less than one dollar and fifty cents for each person between the ages of five and fifteen years belonging to said town or city on the first day of May of said school year.

67. The income of the school fund received by the several cities and towns shall be applied by the school committees thereof to the support of the public schools therein, but said committees may, if they see fit, appropriate therefrom any sum, not exceeding twenty-five per cent. of the same, to the purchase of books of reference, maps, and apparatus for the use of said schools.

School committee of Boston.

Charter, p. 22,

55.

SCHOOL COMMITTEE OF BOSTON.

68. The school committee of the city of Boston shall consist of the mayor of the city, the president of the common council, ante, §§ 53, 54, and of seventy-two other persons, six of whom shall be chosen in each ward, and who shall be inhabitants of the wards in which they are chosen; two of said members to be chosen by the inhabitants of the several wards at their annual election of municipal officers, who shall hold their office for three years from the second Monday in January, next ensuing after their election.

school com

mittee.

Organization of 69. The persons so chosen, as members of the school committee, shall meet and organize on the second Monday of JanIbid. p. 22, § 55. uary, at such hour as the mayor may appoint. They may Secretary and choose a secretary and such subordinate officers as they may deem expedient, and shall define their duties, and fix their respective salaries.

subordinate

officers.

ties of school committee.

Powers and du- 70. The said committee shall have the care and management of the public schools, and may elect all such instructors as they may deem proper, and remove the same whenever they consider it expedient. And generally they shall have all the

Ibid. p. 23, § 56.

p. 23, § 56.

powers, in relation to the care and management of the public Charter, ante, schools, which the selectmen of towns or school committees are authorized by the laws of this commonwealth to exercise.

ORDINANCE.1

tee to elect and

determine their

Dec. 18, 1855,

SECTION 1. The school committee are authorized to elect School commitand contract with all such instructors as they may deem proper remove infor the public schools, and to determine the amount of their structors, and respective salaries; they are also authorized to dismiss and salaries, &c. remove any instructor from said schools, when they deem it proper and expedient, and generally, they shall have all the powers in relation to the care and management of the public schools, which the selectmen of towns or school committees are authorized by the laws of the commonwealth to exercise; they May choose may choose a secretary, superintendent, and such subordinate perintendent, officers as they may deem expedient, and shall define their duties, ca. and fix their respective salaries.

secretary, su

Ibid.

tee to present

public schools

SECT. 2. The school committee shall present to the auditor School commiton or before the first day of February in each year, an estimate estimate of exin writing of the expenses of the public schools for the next penses of the financial year, stating the amount required for salaries, for inci- to auditor, &c. dental expenses, and for the alteration, repairs, and erection of school-houses.

Ibid.

salaries of in

SECT. 3. Said committee shall not fix the salaries of the To apportion teachers in the public schools at such rates that the aggregate structors. amount of all said salaries shall, in any financial year, exceed Ibid. the sum named for that purpose in their estimate.

the wants of

Ibid.

SECT. 4. The said committee shall be the original judges of To be judges of the expediency and necessity of having additional or improved the public accommodations for any public school within the limits of the schools, &c. city; and whenever, in their opinion, a school-house is required, or material alterations needed, they shall send a communication to the city council, stating the locality and the nature of the further provisions for schools which are wanted; and no school

1 An ordinance relating to public schools, passed December 18, 1855.

To be consulted house shall be located, erected, or materially altered, until the

before any school-house

is located or erected, &c.

Dec. 18, 1855.

school committee shall have been consulted on the proposed

locality and plans, except by order of the city council.

[blocks in formation]

Cities, &c., may make ordi

ing the pur

chase and sale

of second-hand articles.

1862, 205, § 1.

[blocks in formation]

1. Every city and town may provide by ordinance or bynances regulat- law, that every keeper of a shop for the purchase, sale, or barter of junk, old metals, or second-hand articles within their respective limits, shall keep a book, in which shall be written at the time of every purchase of any such article, a description of the article or articles purchased, the name, age, and residence of the person from whom, and the day and hour when, such purchase was made; that such book shall at all times be open to the inspection of the mayor and aldermen of the city, or the selectmen of the town, in which such shop is located, and to any person by them respectively authorized to make such inspection ; that every keeper of such shop shall put in some suitable and

conspicuous place on his shop, a sign, having his name and 1862, 205, § 1. occupation legibly inscribed thereon in large letters; that such shops, and all articles of merchandise therein, may be examined by the mayor and aldermen of any city, or the selectmen of any town, or by any person by them respectively authorized to make such examination, at all times; and that no keeper of such shop shall, directly or indirectly, either purchase, or receive by way of barter or exchange, any of the articles aforesaid, of any minor or apprentice, knowing or having reason to believe him to be such; and that no article purchased or received shall be sold until a period of at least one week, from the date of its purchase or receipt, shall have elapsed. Every city and town may also prescribe in like manner the hours in which such shops shall be closed, and that no keeper thereof shall make purchase of any of the articles aforesaid during such hours.

the traffic in

2. Every rule, regulation, and restriction which shall be Conditions of made by any city or town, in accordance with the provisions of second-hand this act, in regard to the keeping of, and traffic in, the articles articles to be aforesaid, shall be incorporated in every license granted in such license. city or town for dealing in the said articles.

incorporated in

Ibid. § 2.

lations of ordinance.

3. Any person who shall violate either of the rules, regula- Penalty for viotions, or restrictions contained in his license, as aforesaid, shall forfeit a sum not exceeding twenty dollars for each offence.

Ibid. § 3.

ORDINANCE.1

deal in second

SECTION 1. No person shall be a dealer in or keeper of a No person shall shop for the purchase, sale, or barter, of junk, old metals, or hand articles, second-hand articles, in this city, unless he is duly licensed junk, &c., withtherefor by the board of aldermen.

out license. Aug. 12, 1862.

keep a record of

Ibid.

SECT. 2. Every person dealing in said articles or keeping Dealers shall such a shop, shall keep a book, in which he shall record, at the purchase, &c. time of every purchase by him of either of the articles mentioned in the preceding section, a description of the article so purchased, the name, age, and residence of the person from whom,

1 An ordinance passed August 12, 1862, and amended December 6, 1862.

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