Persons

paying tax.

MISCELLANEOUS PROVISIONS RELATING TO PRIMARY SCHOOLS.

Sec. 137. Any person paying taxes in a School District es in district in which he does not reside, may send scholars to any Dismay send to trict School therein, and such person shall, for that purbe rated pose, have and enjoy all the rights and privileges of a

School, and

therein.

Proviso.

When dis.

divided af.

sessed and

resident of such District, except the right of voting therein, and shall be rated therein for Teachers' wages and fuel, and in the census of such District, and the apportionment of moneys from the School fund, scholars so sent, and generally attending such School, shall be considered as belonging to such District: Provided, That a majority of the qualified voters attending at any regular meeting in the District in which such person resides, shall have determined that no School shall be taught in said District for the year: Or provided further, That such persons shall not reside in any organized School District.

Sec. 138. Whenever any portion of a School District trict shall be shall be set off and annexed to any other District, or organter tax as- ized into a new one, after a tax for District purposes other not collect- than the payment of any debts of the District shall have ed how tax been levied upon the taxable property thereof, but not and appor- collected, such tax shall be collected in the same manner

tioned.

District in two or more

as if no part of such District had been set off, and the said former District, and the District to which the portion so set off may be annexed, or the new District organized from such portion, shall each be entitled to such proportion of said tax as the amount of taxable property in each part thereof bears to the whole amount of taxable property on which such tax is levied.

Sec. 139. For the purpose of apportioning the income of townships, the Primary School Fund among the several townships, a

sons, are valid until he is removed, although it be conceded that his election or appointment was illegal."

"In the case of Trustees and Collectors of School Districts, general reputation of their being such officers, and proof of their acting as such, is prima facie sufficient, without producing evidence of their election, especially where there is evidence of their acting under color of an election."— (7 Wendell Rep. p. 341.)

(Section 139.) The latter part of this section, included in brackets, is virtually repealed by the amendment of

School fund,

District situated in part in two or more townships shall be income of considered as belonging to the township to which the an- how appornual report of the Director is required to be made; [but tioned etc. money raised in any one of such townships for the support of Schools therein, shall be apportioned to the Districts and parts of Districts therein, according to the number of children of the proper age in each.]

liable for

assess cer

Sec. 140. If any Supervisor shall neglect or refuse to Supervisor assess the taxes provided for in section one hundred and neglect to seven, of chapter fifty-eight, of the Revised Statutes, he tain taxes. shall be liable to pay to any School District the full amount Sec. 107 lost to such District by such neglect or refusal, with the interest thereon, to be recovered by the Assessor in the name of the School District, in an action of debt, or on the

case.

above.

to give

treasurer of

taxes.

above.

Sec. 141. The Supervisor of each township, on the de- Supervisor livery of the warrant for the collection of taxes to the statement Township Treasurer, shall also deliver to said Treasurer a to township written statement, certified by him, of the amount of the certain taxes levied under section one hundred and seven of said Sec. 108 chapter, upon any property lying within the bounds of a fractional School District, a part of which is situate within his township, and the returns of which are made to the Clerk of some other township; and the said Township Treasurer shall pay to the fownship Treasurer of such other township the amount of the taxes so levied and certified to him for the use of such fractional School District. Sec. 142. Each Treasurer of a township, to the Clerk of

section 107. Money now raised in any township for the support of Schools therein, is counted as belonging to the Districts in which it is raised, each District receiving back all it paid of such tax, except in case of Library money.

(Section 140.) The section numbered 140 in the Compiled Laws having been repealed by the act amending the School Law, approved Feb. 15, 1859, the numbering of the sections added by various acts to the School Laws is begun with this number. This section, with the three following, was passed April 2, 1850.

(Sections 141 and 142.) These sections, together with section 139, give the rule for the apportionment of School moneys to fractional Districts. In making the apportion

ties.

Town treas which the returns of any fractional School District shall urer's du- be made, shall apply to the Treasurer of any other township in which any part of such fractional School District may be situate, for any money to which such District may be entitled; and when so received it shall be certified to fractional the Township Clerk, and apportioned in the same manner as other taxes for School purposes.

Taxes in

districts.

School Inspectors may sus. pend the

operation of

Sec. 143. The Board of School Inspectors shall have power to suspend the operation of section one hundred and fifteen of said chapter, whenever they shall be of opinion section 115. that the convenience or the interests of the people of their township will be promoted thereby, and to restore the same, as in their judgment they shall think best.

Sec. 144. The words "qualified voters," as used in chapter fifty-eight of the revised statutes of eighteen hundred

ment of S.hool moneys, a fractional District is to be treated as if belonging wholly to the township in which its Schoolhouse is situated, and to which the annual report of the Director is to be made. But as no Supervisor can assess, or Township Treasurer collect, taxes upon property lying outside of their own township, the taxes upon each fraction of the District, must be assessed and collected by the officers of the township in which such fraction is situated. The taxes once collected, they are all to be paid over to the Treasurer of the township in which the School-house is situated. All the public moneys belonging to the frac tional District having thus come into the hands of the Treasurer of the township to which such District is counted as belonging, the Clerk of such township apportions the money to the District as if the entire District had been moved bodily into the township. All the money due from the Primary School fund to such District comes directly to the Treasurer of the township in which the School-house stands.

(Section 143.) In case of the suspension of section 115, any resident of the township may draw books directly from the township library, under such regulations as the Inspec tors may establish.

qualified

tricts.

forty-six, entitled "Of Primary Schools," except in the Who are fifth section thereof, shall be taken and construed to mean voters in and include all taxable persons residing in the District of Soul Disthe age of twenty-one years, and who have resided therein for the period of three months next preceding the time of voting.

When

shal ap

point Dis

trict ofcers

Sec. 145. In all cases where the Board of School Inspecta. tors of any township shall form a School District therein, pestors and where no election for School District officers shall be held, and where any School District shall neglect or refuse to elect, at the proper time, the necessary School District officers, it shall be the duty of the Township Board of School Inspectors of the township in which such District is situated to appoint the officers of such District from among the male persons residing in such District, of the age of twenty-one years, who are tax payers therein; which officers thus appointed shall severally file with the Direc tor a written acceptance of the offices to which they shall Acceptance, have been appointed, which shall be recorded by the Di

rector.

where filed.

trict deemed

ized.

Sec. 146. Every such School District shall be deemed When Dis duly organized, when any two of the officers thus appoint to be organed shall have filed their acceptance as aforesaid; and such School District and its officers shall be entitled to all the rights, privileges and immuuities, and be subject to all the duties and liabilities conferred upon School Districts by law.

GRADED AND HIGH SCHOOLS.

Board.

Sec. 147. Any District containing more than two hun- District dred children between the ages of four and eighteen years, may elect a District Board consisting of six Trustees: Provided, The District sball so determine at an annual meeting, by a vote of two thirds of the voters attending such meeting. When such a change in the District Board Term of of shall have been voted, the voters at such annual meeting shall proceed immediately to elect two Trustees for a term of one year, two for a term of two years, and two for a term of three years; and annually thereafter two Trustees shall be elected, whose term of office shall be three years.

Sections 144, 145 and 146 were passed February 8, 1855. Section 145 is applicable only to newly organized Districts. In Districts in which an election has once properly been held, vacancies occurring in the District Board must be filled as provided in section 66.

fice of trus.

teed.

Officers to be elected by board.

Sec. 148. Within ten days after their election, s tees shall file with the Director a written acce the office to which they have been elected, and nually elect, from their own number, a Moderat rector, and an Assessor, who shall perform th prescribed by law for such officers, except as he Vacancies. provided. Said Board shall have power to fill any that may occur in their number, until the nex meeting.

Classifica

tion of scholars.

Sec. 149. Said Trustees shall have power to cla grade the scholars in such District, and cause the taught in such Schools or departments as they m High school. expedient; to establish in said District a High

Sections 147, 148, 149, 150 and 151, were pass 14, 1859.

(Sections 147 and 148.) 1. This law takes the the old law for Union or Graded Schools, which braced in Sections 92 and 93, now repealed. T tricts organized under those sections, with the e Board, will now find it necessary to adopt the orga here provided, or go back to the common orga with the three ordinary District officers. Ther longer any authority for the election of four Tru addition to the common District Board.

2. The authority to contract with Teachers res the entire Board instead of the Director.

(Section 149.) 1. It will be seen that the power. Board embrace some provisions heretofore vested vidual officers, and some which have been exercised Districts at large.

2. Even resident pupils can be charged a fixed tuition in the High School, but not in the ordinary Tuition of resident pupils in the High School is to lected by the Assessor as any other rate bill; or, be required as that of non-resident pupils, in advan

3. The High School may be merely an advanced ment taught in the same building with the ordinary but not in the same room.