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When several persons unite in making an appeal, the affidavits may be so changed as to admit the names of all the appellants, and each should sign the appeal and subscribe to each and every affidavit. When the action appealed from is the action of several persons, it is sufficient to serve a copy of the appeal upon any one of the number, but it should always be served upon one not agreeing with the appellants, that an answer may be made.
When all the above directions are complied with, the original papers are ready to be forwarded to the state superintendent.
4. An appeal should be taken within thirty days from the performance of the act appealed from, or within thirty days after the action complained of has come to the knowledge of the appellant.
1. The appellee has fifteen days in which to prepare his answer, and all the directions above given in reference to the preparation and service of a copy of the appeal papers, should be complied with in preparing and serving the answer upon the appellant, before it is forwarded to the state superintendent. The forms of affidavit given above will answer in all cases for forms to be used by the appellee, by changing the words so that the affidavit shall refer to an "answer to an appeal," instead of to an appeal, and by signing it as appellee instead of appellant.
2. The answer to an appeal may be served upon any one of a number of appellants. When the town board of supervisors is a party, and papers have been served upon the chairman, if he is in favor of the party appealing, one of the other supervisors should make answer.
3. In case of neglect of the proper appellees to answer an appeal, any person having an interest in the matter may make answer to it, being governed in all cases by the same rules as would govern appellee.
REPLICATION OR REJOINDER.
A replication or rejoinder will be allowed, upon proof that new facts have come to the knowledge of the party wishing the rejoinder since the appeal or answer was submitted to the state superintendent, or that there are material errors in the statement of the other party.
If the appellant or appellee presents statements of other parties, these statements should be verified by the affidavit of the person making the same.
All decisions on appeal must be filed or recorded as the state superintendent shall direct. No decisicn can be rendered on ex parte statements.
No papers will be considered that are not properly verified, and properly served on opposing parties.
The propriety of leaving out of appeals all matters of a purely perscnal character, except as they may have a direct bearing upon the subject, is obvious.
As appeals are usually decided upon written and not upon oral evidence, it is not necessary or proper for either party to appear in person, expecting to be heard in the case, without the presence of the other party.
Particular care should be taken to follow the directions in regard to affidavits, serving copy, etc., so that it may not be neces. sary to send papers back for correction.
Not only must every paper presented in a case, by either party, be verified by affidavit, and a copy be served on the other side, but in making the copy, care must be taken to copy every affidavit as well as the statement which it verifies. If this is not done, the party upon whom such copy is served has no evidence that the original was sworn to.
If the appeal is not taken or the answer or rejoinder made within the prescribed time, the reasons for the delay must be given.
APPEALS BY TEACHERS.
Any person refused a certificate by the county superintendent of schools may make appeal to the state superintendent, according to section 452, using the following form:
To A. B., County Superintendent of Schools for County:
Sir: You are hereby notified that I intend to appeal from your refusal to grant me a certificate, and I hereby ask you for your reasons for such a refusal, that I may present the same to the state superintendent with my appeal.
Respectfully yours, The refusal is ordinarily for alleged want of learning. In this case the appellant will usually appear before the state superintendent for re-examination. He should not come, however, with. out previous notice; but after notice to the county superintendent, as above, and on obtaining the statement of reasons for refusal, he should forward the same to the state superintendent, notifying him of his desire for a re-examination, that a time may be fixed which may be convenient to both parties.
If the appellant and county superintendent mutually agree that the appeal shall be decided on the papers on which a certificate was refused, a re-examination may not be necessary.
If the refusal is for alleged want of ability to teach, or for alleged immorality, the appeal will be decided on the evidence submitted in writing by the parties. The papers should be made out and verified, and copies served, as provided under the Rules for Appeals.
In case a teacher's certificate is annulled, he also has a right of appeal. For this purpose the following form may be used:
To A. B., County Superintendent of Schools for County:
Sir: You are hereby notified that I intend to appeal from your action in annulling my certificate, and I hereby ask for your reasons for such action, that I may present the same to the state superintendent, with my appeal.
Respectfully yours, The directions given above, in regard to an appeal from a refusal to grant a certificate are to be followed, as far as applicable, in an appeal from the action of a superintendent in annulling a certificate,
Clerk's liability. Section 498. Every district clerk who shall wilfully neglect to make the annual report for his district as required by law shall be liable to pay the whole amount of money lost by such district in consequence of his neglect, which shall be recovered in an acticn in the name of and for the use of the district.
Liability of town clerk. Section 499. Every town clerk who shall neglect or refuse to make and deliver to the county superintendent his annual report as required in this chapter within the time limited therefor shall be liable on his official bond to pay the town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon.
Liability of county superintendent. Every county superintendent who shall neglect or refuse to make the report required of him by this chapter to the state superintendent shall be liable to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either case in an action prosecuted by the town treasurer in the name of the town. All money collected or received by any town treasurer under the provisions of this section shall be apportioned and distributed to the school districts entitled thereto in the same manner that the money lost by any such neglect or refusal would have been apportioned and distributed.
Neglect of duty. Section 500. Every taxable inhabitant receiving the notice mentioned in sections 413 and 415, and every chairman of the first district meeting in any district who shall wilfully neglect or refuse to perform the duties enjoined upon him by this chapter, shall respectively forfeit the sum of five dollars. Every person duly elected to the office of director, treasurer or clerk of any school district who shall neglect or refuse without sufficient cause to accept such office and serve therein, or who having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by the provisions of this chapter, shall forfeit the sum of ten dollars; and every school district officer who shall neglect or refuse to deliver to his successor in office all records, books and papers appertaining to such office shall forfeit not exceeding fifty dollars.
Who not to deal in school books, etc. Section 501. Neither the state superintendent, his assistant, nor any person in his of. fice, nor any county superintendent nor school district officer, nor any officer or teacher connected with any public school shall act as agent or solicitor for the sale of any school books, maps, charts, schocl library books, school furniture, apparatus or stationery, or furnish any assistance to or receive any reward therefor from any author, publisher, bookseller or dealer doing the same. Every person violating this section shall forfeit not less than fifty nor inore than two hundred dollars for each offense and be liable to removal from office therefor.
Drawing unauthorized order. Section 502.
district clerk who shall draw an order upon the treasurer for any purpose not authorized by law, and every director who shall countersign such order shall forfeit for each such order not less than twenty nor more than one hundred dollars.
Refusal to enforce decision. Section 504. In case the town board or any other officer shall neglect or refuse to carry into effect any decision of the state superintendent made upon an appeal from their or his action or refusal to act, each supervisor or other officer refusing or neglecting shall forfeit the sum of fifty dollars; and every town clerk who shall so neglect or refuse shall also be liable to removal by the town board upon proper no ice thereof.
Recovery of forfeitures. Section 505. All actions for the recovery of any forfeiture incurred under the provisions of this chapter shall be prosecuted by the director of the school district interested, except when such director has incurred a forfeiture, in which case such action shall be prosecuted by the treasurer of such district; and in case either shall refuse or neglect to prosecute he shall forfeit twenty dollars. All forfeitures recovered shall be first applied to the necessary expenses of such prosecutions, and one-half of the remainder shall be paid into the district treasury for the use of the district and the other half to the county treasurer for the benefit of the school fund.
By voter. Section 506. Whenever any person or officer designated in this chapter to prosecute an action for a forfeiture or for a neglect of duty shall fail to prosecute such action for the space of ten days after being requested in writing by a vote of the proper district so to do, any voter may prosecute such action for the recovery of such forfeiture or for any neglect of duty in the manner herein prescribed.
Removal of officers. Section 507. Any school district officer may be removed from office by the county judge for wilful neglect of any duty upon the written application of the majority of the
legal voters of his district or of any person aggrieved by such neglect, containing a full statement of all the charges preferred against him. A copy thereof, with a notice of the time and place when and where a hearing upon the same will be had, shall be served upon such officer at least ten days before such hearing. Such officer shall have full opportunity to be heard in his defense; and the judge, upon satisfactory proof of such neglect of duty, may by order remove such officer from his office, and in case of removal shall forthwith file such order in the office of the town clerk and cause a copy thereof to be served upon each of the other officers of the district. The person so removed from office shall not be appointed to fill the vacancy occasioned by such removal; and for all services performed by the county judge under the provisions of this section he shall receive three dollars for each day actually employed, to be paid by the county.
Dictionaries. Section 509. The state superintendent may furnish to any school district, or to any school or distinct department thereof, one copy of Webster's International Dictionary on the receipt of an affidavit of the proper officer that such school or department for which application is made has not yet been supplied, or that the dictionary furnished thereto has been lost or is unfit for use, and on payment in advance of the cost price to said superintendent for any so to be replaced; and the state superintendent may sell, at the cost price, to any of the charitable, educational, reformatory or penal institutions of the state, on written requisition being made by the superintendent of the institution, as many copies of such dictionary, not exceeding the number of school or educational departments in the respective institutions, as may be necessary; he may also furnish each county superintendent, each teacher employed in the normal schools or university, each state officer and member of the legislature and their employees with one copy thereof at the cost price of the same to the state. The superintendent may purchase from time to time, at a cost not exceeding seven dollars per copy delivered at his office, a sufficient number of copies of such dictionary to furnish such schools, the expense thereof to be paid out of the state treasury.
Every school district or department not already once supplied with a dictionary free is entitled to one. If the district has a graded school it is entitled to one copy for each distinct department. Applications for dictionaries must be made by district clerks, city superintendents of schools, or by the secretary of the town board of directors. Webster's International Dictionary is now furnished by the state at a cost of $7.00. The indexed edition only will be furnished hereafter for first supply or for resupply. When the application is for re-supply, the cost of the