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Sec, 13, substitute for 7th clause of.

Sec. 18, substitute for 3d clause of.

No tax to be levied with

out vote of

two thirds.

District not school fund

deprived of

by neglect to raise tax.

Sec. 6. Strike out the seventh clause of section thirteen, and substitute in lieu thereof, as follows:

"Seventh. To provide for the expenditure of the apportionment of school moneys, in the support of a school during the school year in which the same shall accrue or be received ;" and the third clause of section eighteen, shall also be stricken cut, and the following substituted in lieu thereof:

"Third. To call a meeting of the inhabitants of the district having scholars, at the request of any two such inhabitants, to make such provision as they may deem necessary for the continuance of a school, after the apportionment of school moneys to the district shall have been exhausted; and the expenses of so continuing the school, shall be assessed upon and paid by the parents or guardians of the scholars, in proportion to the number of scholars and the length of time such scholars shall severally be signed for or sent to school."

Sec. 7. No tax shall be levied by any school district, except by the concurring votes of two-thirds of the voters present, at any regular meeting for that purpose called. And no school district shall incur any penalty, nor be deprived of its proper proportion of any school or library fund, by reason of its not having raised and collected a district tax within and for such school district. Sec. 8. It shall be the duty of the county commissioners at their annual meetings, to add to their tax rolls for each township only as town- within the county respectively, such school tax only, as the taxable inhabitants of such township shall at their annual township meeting direct for such purpose, to be raised for that year; and which the proper school inspectors shall have certified to such commissioners.

County commissioners to raise such school tax

ship direct.

Sec. 15 amended.

Sec. 17, 4th clause of, amended;

return of

paid taxes.

Sec. 9. Add to section fifteen a proviso in the words following :—“ “Provided, That in case of any person elected as assessor, refusing to serve, it shall be the duty of the directors to prosecute for the same."

Sec. 10. The fourth clause of section seventeen shall be amended by striking out at the end of said clause these words : lands for un-"And it shall be the duty of the treasurer to sell the lands and tenements for the collection of said school tax, in the same manner as is required for the collection of township and county taxes," and inserting as follows:

"In all cases in which a library or a common school tax shall

heretofore have been, or hereafter may be assessed upon real estate, and which tax may not have been, or hereafter may not be duly collected without a sale of such real estate, the said outstanding and unpaid taxes shall be considered as standing upon the same footing, (for the benefit of the proper school district,) as unpaid county taxes, returned by the proper officer, to the state treasurer; and the same returns shall be made, and the same action shall be had, as near as may be, in the premises, for the benefit of such school districts respectively, as are required in the case of unpaid county taxes: and such school districts shall be entitled to receive the same benefit of obtaining the amount of such unpaid taxes, under the same circumstances, and upon the same terms and conditions, as the counties respectively are entitled to, by virtue of the twenty-fourth section of chapter five, title five, part first of the revised statutes, or in virtue of any other provisions of law in that behalf. And it shall be the duty of the county treasurer, and all other officers, to proceed thereon as in the case of unpaid township or county taxes, as near as may be, and this provision shall apply to all such taxes as may have been or shall be returned from and after the taking effect of the revised statutes; and it shall be the duty of the several county treasurers, into whose hands any moneys shall come, or may heretofore have come, on account of any unpaid taxes assessed in any school district, to pay over the same to the school inspectors of the proper township, or to their order; and said inspectors shall pay over to the assessor of the proper district, the money received upon the returns of taxes unpaid on lands within the limits of such district, which money shall be applied by the district board according to the direction of the district at any district meeting."

clause of, amended,and

report additional

Sec. 11. The ninth clause of section eighteen shall be amended Sec. 18, 9th by adding to the first item to be embraced in the annual of the school director, as follows: "According to a census to be clause added. taken within fifteen days of the close of the school year;" and by adding at the end of said clause an additional item, to be embraced in the reports aforesaid, in the words following:

"Tenth. The number of scholars who have attended private schools during the year within their district, specifying the number between the ages of five and seventeen inclusive, and the

Sec. 19, substitute for

number residing within, and the number out of the district, as near as the same can be ascertained."

Sec. 12. Strike out the fourth clause of section nineteen, and 4th clause of substitute as follows:

Sec. 21 amended.

Sec. 24, 2d clause of, amended.

Sec. 24, additional clauses added.

Districts formed from

others, to receive proproperty of districts from which they were taken.

Proportion how ascertained.

How assess

ed and col

"Fourth. To apply and pay over all school moneys belonging to the district, in accordance with the provisions of law regulating the same, and as may be directed by the district: Provided, That no school money shall be paid to any teacher who shall not have received a certificate in pursuance of the twenty-ninth section of this chapter."

Sec. 13. Add to section twenty-one, as follows: "not to exceed seventy-five cents per day."

Sec. 14. Add to the second clause of section twenty-four, an additional proviso in the words following: "And provided, That all contiguous lands owned by any person residing in any school district, not exceeding in amount three hundred and twenty acres, or in the case of French grants, extending two miles in depth, shall belong to and be assessed in the school district in which the owner or occupant resides, and not in any other."

Sec. 15. Add to section twenty-four, the following additional clauses :

"Sixth. When a new district shall be formed in whole or in part from one or more districts possessed of a school-house or library, or entitled to other property, the inspectors, at the time of forming such new district, shall ascertain and determine the amount justly due to such new district, from any district out of which it may have been in whole or in part formed, as the proportion of such new district, of the value of the school-house and other property belonging to the former district at the time of such division.

"Seventh. Such proportion shall be ascertained and determined according to the taxable property of the inhabitants of the respective parts of such former district at the time of the division, by the best evidence in the power of the said inspectors, and deduction shall be made therefrom for any debts due from the former district.

66

9

Eighth. Such proportion when so ascertained and determined. lected, and to shall, with the expenses of collection, be assessed and collected whom paid. by the district board, or the proper officers of the district board of the district retaining the school-house or other property of the

former district, upon the taxable property of their district, in the
same manner as if the same had been authorized by a vote of
their district, and when collected, shall be paid over to the asses-
sor of the new district, to be applied to the use of said district in
the same manner, under the direction of the district, by its pro-
per officers, as if such sum had been voted and raised by said
district for building a school-house or other school district pur-
poses: and the
moneys so paid to the assessor of the new district,
shall be placed to the credit of the taxable property taken from
the former district, in reduction of any tax imposed in the new
district on the taxable property therein, for school district pur-
poses."

amended.

Sec. 16. In section thirty-four, strike out the words "the sum Sec. 34 of one dollar and fifty cents per day," and insert "a sum not exceeding one dollar each per day." Sec. 17. Strike out section forty-three, and substitute therefor Sec. 43 as follows:

struck out; substitute therefor.

portioned to

applied for

county trea

"Sec. 43. In case any moneys apportioned to any township Money apshall not be applied for by the inspectors of such township, during township not the in which the same shall accrue, the moneys so unapplied to remain in year for, shall remain in the county treasury, subject to the order of sury. the inspectors of such township, and when received, shall be applied by said inspectors according to the provisions of this chapter."

Sec. 44 amended.

struck out;

therefor.

tor to pay

Sec. 18. In section forty-four, strike out the word "annual." Sec. 19. Strike out section forty-seven and substitute as follows: Sec. 47 "Sec. 47. In case of a vacancy in the office of school inspec- substitute tors in any township, the collector of such township shall pay When collecover the moneys specified in the foregoing section, to the county over money treasurer, to be held subject to the order of the inspectors of the treasurer. township, according to the provisions of the forty-third section of this chapter."

to county

Sec. 20. Add to the chapter an additional section in the words Additional following:

66

section.

trict may send scholars

there.

Sec. 49. It shall be lawful for any person paying taxes in any Pesons pay. school district, to send scholars to any district school in such dis- ing tax in district, and shall have and enjoy for that purpose, all the rights and privileges of residents of such district, except that of voting: Provided, That in the apportionment of moneys from the school fund, scholars so sent shall be considered as belonging to that school district."

District board may

order certain unpaid taxes

school houses, to be

collected.

Sec. 21. And if by reason of accident, neglect or other cause, any tax assessed or levied within any school district for the buildfor building ing of a school-house, the whole of such tax should not have been collected, the same collector to whom the warrant for the collection thereof may have been delivered, or his successor in office, may, under the direction of the district board, proceed with and finish the collection thereof, although the time in such warrant mentioned, in which such collection should have been made, may have expired; and if some such tax should remain chargeable upon real estate, then such proceedings shall be had, as in other cases, so that by sale, the same shall be finally collected.

When districts entitled

of school

fund.

Sec. 22. Every school district within this state shall be entitled to proportion to demand, have and receive its proper proportion of library money and school money, yearly and every year, notwithstanding that by reason of accident, negligence, or any other cause, the proper school inspectors, or any other of the county, district, or township officers may not have exercised their powers fully and regularly, or may not have made their returns regularly in time; and notwithstanding that no tax for the library, school-house, or common school may have been regularly assessed or collected in and for such school district or township for any year; but every school district shall be entitled to receive its proportion of library money and common school money, according to the number of inhabitants and children between five and seventeen years of age, within such district and township, as in other cases: Provided, That no school district shall be entitled to its distributive share of said funds, unless there have been kept a common school within the same, at least three months in each year.

After part of district is set

parate dis

trict taxes

not to be

collected of such part.

Sec. 23. In cases where any portion of one or more school off into a se- districts shall be or shall have been set off as a separate school district according to law, it shall not be competent for the district or districts (or the officers thereof) from which such new district was or may be set off, to collect any tax which may be or may have been assessed upon such new district, or any part thereof, after such new district may have been set off.

Act take effect.

Sec. 24. This act shall take effect and be in force from and after the passing thereof.

Approved April 20, 1839.

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