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tween the ages of four and sixteen, unless with the approbation of the commissioner of public schools.

houses.

Land for school-house

sites, taken without owners' consent, how appraised.

SEC. 4. The school committee shall locate all school-houses, and locate schoolshall not abandon or change the site of any without good cause. SEC. 5. In case the school committee shall fix upon a location for a school-house in any district, or shall determine that the school-house lot ought to be enlarged, and the district shall have passed a vote to erect a school-house, or to enlarge the school-house lot, or in case there is no district organization, and the committee shall fix upon a location for a school-house and the proprietor of the land shall refuse to convey the same, or cannot agree with the district for the price thereof, the school committee of their own motion, or upon application of the district, shall be authorized to appoint three disinterested persons, who shall notify the parties and decide upon the valuation of the land; and upon the tender, or payment, of the sum so fixed upon, to the proprietor, the title to the land so fixed upon by the school committee, not exceeding one acre, shall vest in the district, for the purpose of maintaining thereon a school-house, and the necessary appendages thereof.

taken.

Committee to

SEC. 6. An appeal in such case shall be allowed to the court of Appeal, how common pleas, in the same manner, and with the same effect, both as to the necessity of taking the particular land condemned, and the valuation thereof, and the like proceedings thereon shall be had, as is provided by law, in case of taking land for public highways. SEC. 7. The school committee may examine, by themselves, or by some one or more persons by them appointed, every applicant for the situation of teacher in the public schools of the town, and may, after five days' notice in writing, annul the certificate of such as upon examination of the party by them prove unqualified, or will not conform to the regulations of the committee, and in such case shall give immediate notice thereof to the trustee of the district in which such teacher is employed.

examine teachers; when to cates.

annul certifi

SEC. 8. The school committee shall visit, by one or more of their When to visit number, every public school in the town, at least twice during each schools. term, once within two weeks of its opening, and once within two weeks of its close, at which visits they shall examine the register, and matters touching the school-house, library, studies, books, discipline, modes of teaching, and improvement of the school.

To make rules,

&c., for

schools.

SEC. 9. The school committee shall make and cause to be put up in each school-house, rules and regulations for the attendance 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 school commissioner. SEC. 10. The school committee may suspend during pleasure all May suspend pupils found guilty of incorrigibly bad conduct, or of violation of the pupils. school regulations.

SEC. 11. Where a town is not divided into districts, or shall vote To manage in a meeting duly notified for that purpose, to provide schools, with- schools, when. out reference to such division, the committee shall manage and regulate said schools, and draw all orders for the payment of their expenses.

SEC. 12. Whenever the public schools are maintained by district organization, the committee shall apportion, as early as practicable in each year, among the districts, the town's proportion of the sum of sixty-three thousand dollars received from the state, one half equally, and the other half according to the average daily attendance of the schools of the preceding year.

Apportionment

of town's share of $63,000.

Of $27,000.

Of registry tax, and other funds.

Notice of apportionment.

Orders on town treasurer, when to be given.

To whom payable.

To be given after services performed.

Division of forfeited, &c., money.

Report to town, when to be made.

Printing, how paid for.

Change in school books, how made.

SEC. 13. Whenever the town is divided into school districts having the management of their own concerns, the committee shall apportion equally among all the districts of the town, the town's proportion of the sum of twenty-seven thousand dollars received from the

state.

SEC. 14. The school committee shall apportion the money received from the town, from the registry tax, from school funds, or from other sources, either equally or in such proportion as the town may direct, and for want of such direction, then in such manner as they deem best.

SEC. 15. The school committee shall, immediately after making the apportionment among the several districts as provided in the three sections next preceding, give notice to the trustees of the amounts so apportioned to each district.

SEC. 16. The school committee shall draw an order on the town treasurer in favor of such districts only, as shall have made a return to them in manner and form prescribed by them or by the commissioner of public schools, or as may be required by law, from which it shall appear that for the year ending on the first day of May previous, one or more public schools have been kept for at least six months, by a qualified teacher, in a school-house approved by the committee or commissioner, and that the money designated "teachers' money," received the year previous, has been applied to the wages of teachers, and to no other purpose.

SEC. 17. Such orders may be made payable to the trustees or their order, or to the district treasurer, or teacher, and if the treasurer receive the money, he shall pay it out to the order of the

trustees.

SEC. 18. The school committee shall not give any such order, until they are satisfied that the services have actually been performed for which the money is to be paid; and the register, properly kept, has been deposited with the committee, or with some person by them appointed to receive the same.

SEC. 19. At the end of the school year, any money appropriated to any district which shall be forfeited, and the forfeiture not remitted, or which shall remain unexpended, shall be divided by the committee among the districts the following year.

SEC. 20. The school committee shall prepare, and submit annually, at the annual town meeting, a report to the town, setting forth their doings, the state and condition of the schools, and plans for their improvement, which report, unless printed, shall be read in open town meeting, and the school committee shall transmit a printed copy thereof to the commissioner of public schools, on or before the first day of July in each year.

SEC. 21. The committee may reserve annually, out of the public appropriation, a sum not exceeding forty dollars, to defray the expense of printing their report.

SEC. 22. In any town in this state a change may be made in the school-books in the public schools of such town, by a vote of two thirds of the whole committee; notice of the proposed change having been given in writing at a previous meeting of said committee: Provided, that no change be made in any text-book oftener than once in three years, unless by the consent of the board of education.

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SECTION 1. No person shall be employed in any town to teach as Certificate of principal or assistant in any school, supported, entirely or in part, by qualification the public money, unless he shall have a certificate of qualification, required. signed either by the school committee of the town, or by some person appointed by said committee, or by the trustees of the normal school.

SEC. 2. Such certificate, unless annulled, if signed by the school Valid for one committee, shall be valid within the town for one year.

year.

SEC. 3. The school committee shall not sign any certificate of Qualifications qualification unless the person named in the same shall produce evi- of teachers. dence of good moral character, and be found on examination qualified to teach the various branches required to be taught in the school.

SEC. 4. The school committee of any town may, on reasonable When may be notice and a hearing of the party, dismiss any teacher who shall re- dismissed. fuse to conform to the regulations by them made, or for other just cause, and in such case shall give immediate notice to the trustees of the district.

ter of scholars,

&c.

SEC. 5. Every teacher in any public school shall keep a register To keep regisof the names of all the scholars attending said school, their sex, ages, names of parents or guardians, the time when each scholar enters and leaves the school, the daily attendance; together with the days of the month on which the school is visited by any officer connected with public schools, and shall prepare the district's return to the school committee of the town.

SEC. 6. Every teacher shall aim to implant and cultivate in the Moral instrucminds of all children committed to his care the principles of mo- tion. rality and virtue.

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Appeals to school commissioner.

To justices of supreme court.

Rules of appeals.

Submission by agreement.

Votes ordering taxes, final, if not appealed from.

Costs not taxed, when.

Of answering suits against district.

Judgments against school districts, how satisfied.

Same subject.

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SECTION 1. Any person aggrieved by any decision or doings of any school committee, district meeting, trustees, or in any other matter arising under this title, may appeal to the commissioner of public schools, who, after notice to the party interested of the time and place of hearing, shall examine and decide the same without cost to the parties: Provided, that nothing contained in this section shall be construed to deprive such aggrieved party of any just legal remedy.

SEC. 2. The commissioner of public schools may, and if 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 final.

SEC. 3. The commissioner of public schools may prescribe from time to time rules regulating the time and manner of making such appeals, and to prevent their being made for trifling and frivolous

causes.

SEC. 4. Parties having any matter of dispute between them arising under this title, may agree in writing to submit the same to the adjudication of said commissioner, and his decision therein shall be

final.

SEC. 5. If no appeal be taken from a vote of a district relating to the ordering of a tax, or from the proceedings of the officers of the district in assessing the same, or if on appeal, such proceedings are confirmed, the same shall not again be questioned before any court of law or magistrate whatever: Provided, that this section shall not be construed to dispense with legal notice of the meeting, or with the votes or proceedings being approved by the school committee or commissioner of public schools, whenever the same is required by law.

SEC. 6. In any civil suit before any court, against any school officer, for any matter which might 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 liable to pay taxes therein, may be allowed by any court to answer a suit brought therein against the district, on giving security for costs, in such manner as the court may direct.

SEC. 8. Whenever judgment shall be recovered in any court of record against any school district, the court rendering judgment shall order a warrant to be issued, if no-appeal 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 without designating them, requiring them to assess upon the ratable property 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.

SEC. 9. 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 collector, without a special engagement, to proceed and collect the same with the same power as in case of a town tax; and when collected, he shall pay over the same to the parties to whom it may belong, and the surplus, if any, to the district. And the court may require a bond of the collector.

SEC. 10. Whenever any writ, summons, or other process shall issue against any school district in any civil suit, the same may be served on the treasurer or clerk, and if there are no such officers to be found, the officer charged with the same may post up a certified copy thereof on the door of the school-house, and if there is no school-house, then in some 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 has been duly, or legally, notified, shall be primâ facie evidence that it has been notified as the law requires. The clerk shall procure, at the expense of the district, a suitably bound book for keeping the record therein.

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SEC. 12. The commissioner of public schools may remit all fines, Commissioner penalties, and forfeitures incurred by any town, district, or person un- may remit der any of the provisions of this title, except the forfeiture incurred fines, &c. by any town for not raising its proportion of money.

CHAPTER 56.

OF THE NORMAL SCHOOL, TEACHERS' INSTITUTES, AND LEC

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SECTION 1. The Normal School shall be under the management of Normal school, the board of education, and the commissioner of public schools, as a management board of trustees.

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 satisfactory evidence of their intention to teach in the public schools of this state for at least one year after leaving the said school.

of.

Qualification for tuition.

SEC. 3. Persons who shall have passed the regular course of Diploma. studies at the Normal School, shall, on the written recommendation of

the principal, receive a diploma, signed by the trustees of the school.

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