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Visitors of schools.

School-masters must be

visitors.

School of a higher order.

ed, (unless the inhabitants of the district unanimously agree on the place,) shall be fixed, by a committee appointed by the school society for that purpose, who shall return their doings in writing to the clerk of the society, which shall be by him recorded. And all meetings of school districts shall be called by the committee thereof, appointed by the school society, who shall give three days' warning inclusively, to all the qualified voters living in the limits of such district, to meet at some convenient time, and at some convenient place within the district.

SECT. 8. Each school society shall appoint a suitable number of persons, not exceeding nine, of competent skill in letters, to be overseers, or visitors of the schools in such society, whose duty it shall be to examine the instructors, and to displace such as may be found deficient in any requisite qualification, or who will not conform to the regulations by them adopted; to superintend and direct the general instruction of the scholars; and to visit the schools twice at least, during each season for schooling; at which visitations two or more of them shall be present, when they may require from the master such exercises of the youth, as will show their proficiency in learning.

SECT. 9. No person shall keep a district school, until he has been examined, and approved, by the visitors of the school society, to which the district belongs, and shall receive a certificate of such examination and approbation. subscribed by such visitors, or a majority of them, or by a committee consisting of not less than three of their number, to be appointed by such visitors, or a majority of them, in any of their meetings, which appointment such visitors are hereby authorized to make.

SECT. 10. Any school society shall have liberty, by a vote of two thirds of the inhabitants present, in a legal meeting warned for that purpose, to institute a school of a higher order, for the common benefit of the society, the object of which shall be to instruct the youth in English grammar, composition, geography and the learned languages; and no pupil shall be admitted into such school till he shall have passed through the ordinary course of instruction in the common schools, and has arrived to such maturity of years and understanding, as to be capable of pursuing the higher branches of learning in such school. And the visitors of the schools in each school society, or a majority of them, shall have power to admit such number of pupils to the school of a higher order as can conveniently be instructed in it, and in such course as will give to all an equal opportunity; and the school money shall be apportioned according to the number of

School society

committee to

funds of the so

ciety.

scholars, between the ages of four and sixteen, that attend the school of a higher order from any district, and those that attend the common school in the same district. SECT. 11. The committee of each school society, or such other person or persons, as such society shall appoint, shall have power to take care of all bonds, or other take care of the securities, or monies, which have heretofore been divided and set out to such society for the benefit of schools, and now belong to the same and of all lands and other estates, which have been granted or sequestered to the use of schools, and now belong to such society, and to loan such monies and to lease such lands or real estate, and to take bonds, leases, or other securities to themselves and their successors in office, for the use aforesaid; and to institute suits thereon, and the same pursue to final judgment and execution; which bonds, leases, and other securities shall be lodged with the treasurer of such society, under the direction of said committee, who shall collect and receive the annual proceeds of such funds, and account for and pay over the same to the treasurer of said society, for the use of schools therein Provided, Proviso, as to that this act shall not extend to the grant of any estate grant, with special direc for the use of schools, in any town or society where the donor or grantor has committed the care and management of such estate to particular persons, with directions for a continual succession in said trust; or where the general assembly has committed the disposition of the profits of such estate to a committee, in continual succes

sion.

tions.

for use of common schools.

SECT. 12. A sum equal to two dollars upon every Appropriation thousand dollars of the amount of the assessment lists, of 2 dollars on 1000 dollars, of the year preceding, shall be, and the same is hereby annually appropriated, out of the monies arising from the state tax, to be applied for the use and benefit of common schools in this state; to be drawn from the treasury, under the direction of the comptroller of public accounts, at the same time, and in the same manner, as the interest arising from the school-fund, as in this act is hereafter provided: Provided, that whenever, in any excess of Proviso, that year, the amount of interest arising from the school-fund, school-fund and to be divided to the school societies, shall exceed dividend, over sixty-two thousand dollars, the amount of such excess be applied to $62,000, shall shall, for said year, so far diminish the sum hereby appro- diminish this priated, from the avails of the state tax.

appropriation. SECT. 13. The interest of the monies arising from the Interest of fund, called the school-fund, as the same shall, from time school fund to to time, be collected, shall be paid to the treasurer of this be paid to state state. And the school societies, which shall conform to Principle of the provisions of this act, shall be entitled to the said in- apportioning

treasurer.

interest of school-fund.

Enumeration of scholars.

terest, after deducting all expenses attending the schoolfund, to be distributed to them, severally, according to the number of persons in such society, between the ages of four and sixteen years, to be enumerated and ascertained in the following manner, to wit: The committee of each school shall, in the month of August annually, enumerate all persons residing and belonging within such district, on the first Monday of said month, between the ages aforesaid, and make return thereof, together with the name of each person, to the committee of the school society, within said month, certified in writing, under the hand of said committee, and sworn to before a magistrate, according to the following form, to wit: "I hereForm of return. by certify, that I have carefully enumerated all persons, between the ages of four and sixteen, within the school district of which I am committee, and do find, that on the first Monday of August, A. D. , there were residing within said district, and belonging thereto, the number of persons, between the ages aforesaid.

Form of certificate from

school society committee.

"On this

day of

A. D.

A. B. School District Committee." personally appeared, the above named committee, and made oath to the truth of the above return, by him subscribed. Before me, C. D. justice of the peace."

And the school society committee shall, from the said certificates, so returned to them, prepare and transmit to the comptroller of public accounts, on or before the fif teenth day of September annually, a certificate, sworn to, according to the following form, to wit: the committee of the

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school society, in the town of do certify, that from the returns made to us, by the committee of the several school districts, within this school society, under oath, we find, that on the first Monday of August, A. D. there were residing within said society, and belonging thereto, the number of persons, between the ages of four and sixteen years; and from the best information we have obtained, we verily believe the said returns made to us,

are correct.

Provise, as to

day of

> School Society Committee."

A. D.

"On this personally appeared the above named committee, and made oath to the truth of the above certificate, by them subscribed, Before me, C. D. justice of the peace,"

And the committee aforesaid, shall, in making out said returns, insert therein the number of persons, in words at full length: Provided however, that in case the same

different dis

person shall be returned by the committe of different dis- the same pertricts, it shall be the duty of the committee of the school son returned in society, to determine to which district such person be- tricts. longs. And provided also, that the said lists and returns, Lists and returns to be lodgso made to said school society committee, shall be lodgeded with society with the treasurer of such society, and be by him pre- treasurer. served for the use of said society.

vor of school

SECT. 14. The comptroller of public accounts shall, on Comptroller to application of the committee of any school society, draw draw orders on an order on the treasurer for such proportion or amount treasurer in faas such school society may be entitled to, of all monies, societies, for by law appropriated for the benefit, support and encourage- school money. ment of public or common schools, which may be in his hands, or in the hands of the treasurer, on the first days of March and October, annually, to be divided and appor- To be apportioned to such school societies, according to the returns tioned accordso made to him by the committee of said society, in coning to returns. formity to the provisions of this act. And each school society shall divide the same among the several districts therein, on the principles aforesaid, agreeably to the returns so made to them as aforesaid. Provided however, that no order shall be drawn in favor of any society as aforesaid, nor shall the treasurer pay the monies directed to be paid by this act, until the committee of such society school society shall certify in writing, under their hands, in the words committee. following, to wit: "We, the committee of the school society, in the town of do certify, that the schools in said society, have been kept for the year, ending the thirtieth day of September last, by instructors duly appointed and approved, and in all respects according to law; and that all the monies drawn from the public treasury, by said society, for said year, appropriated to schooling, have been faithfully applied and expended, in paying and boarding said instructors. the day of

Dated at

A. D.

School Society
Committee.

To the comptroller of public accounts."

Certificate of

Form.

among the dis

SECT. 15. All the money provided for the use of School money schools, received by the committee, shall be paid over to to be divided the treasurer of the society, who shall stand charged with, tricts. and shall account for, the same; and the committee shall, from time to time, receive, examine and liquidate the accounts of the districts, and parts of districts, if any be, and where such districts, and those to which such parts of districts shall belong, have kept their schools according to the provisions of this act, shall draw orders on the society treasurer for their proportion of all the public monies appropriated to the use of schools, according to the number of

Provision where

the school ex

ceed the school money.

persons between the ages of four and sixteen, in such district.

SECT. 16. Whenever the expense of keeping a school, the expenses of by an instructor, approved according to law, shall exceed the amount of all the public money appropriated by law to defray the expense of such school, the committee, in such district, for the time being, with such other person or persons as the said district, at a legal meeting, warned and held for that purpose, may appoint, are hereby constituted a board, to examine, adjust, and allow, all bills of expense, accruing for the support of schools, in said district, and apportion such deficiency among the proprietors of said school, according to the number of days that any person or persons may have sent any scholar or scholars, to school and if the number of days cannot be ascertained, then according to the number of scholars. And any justice of the peace, living in the town where such school has been kept, shall have power to grant a warrant, directed to the collector of school taxes, in such district, in the same manner as is by law provided for the collection of town taxes.

Misapplication of school money

a forfeiture.

Powers of

school societies

in relation to burials, &c.

SECT. 17. If any money, appropriated to the use of schools, shall be applied, by a school society, to any other purpose, the same shall be forfeited to the state, and it shall be the duty of the comptroller to sue for such money, for the use of the state.

SECT. 18. And if any committee shall, at any time, make a false certificate, by which money shall be fraudulently drawn from the treasury of the state, each per- . son signing such false certificate, shall forfeit the sum of sixty dollars, to the state, to be recovered by action of debt, on this statute; and it shall be the duty of the comptroller, to bring forward a suit to recover the same accordingly.

SECT. 19. School societies shall have power to provide a hearse and pall, for the burial of the dead, and to procure and hold lands for burying-grounds, and to make regulations to fence the same, and to preserve the monuments erected therein, and to lay and collect the necessary taxes for that purpose, in the same manner as other taxes are collected. Provided, that this act shall not extend to affect the regulations of towns, or incorporated ecclesiastical societies, or other religious societies or congregations, who have separate buryinggrounds; and such towns and societies, shall have all the power given by this section to school societies.

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