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Visitors of

schools.

School-masters must be approved by 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

scholars, between the ages of four and sixteen, that at-
tend 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 ap-
point, shall have power to take care of all bonds, or other
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 hands or real estate,
and to take bonds, leases, or other securities to them-
selves 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,
that this act shall not extend to the grant of any estate
for the use of schools, in any town or society where the
donor or grantor has committed the care and manage-
ment 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-
SiOil. -
sect. 12. A sum equal to two dollars upon every
thousand dollars of the amount of the assessment lists,
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 com-
mon schools in this state ; to be drawn from the treasu-
ry. under the direction of the comptroller of public ac-
counts, 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
year, the amount of interest arising from the school-fund,
and to be divided to the school societies, shall exceed
sixty-two thousand dollars, the amount of such excess
shall, for said year, so far diminish the sum hereby appro-
priated, from the avails of the state tax.
sect. 13. The interest of the monies arising from the
fund, called the school-fund, as the same shall, from time
to time, be collected, shall be paid to the treasurer of this
state. And the school societies, which shall conform to
the provisions of this act, shall be entitled to the said in-

School society committee to take care of the funds of the society.

Proviso, as to grant, with special direetions.

Appropriation of 2 dollars on 1000 dollars, for use of common schools,

Proviso, that excess of school-fund dividend, over $62,000, shall be applied to diminish this appropriation. Interest of school-fund to be paid to state treasurer. Principle of apportioning

interest of school-fund.

Enumeration of scholars.

Form of return.

Form of certi

ficate from

school society committee.

Provise, as to

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 hereby 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.
A. B. School District Committee.”
“On this day of A. D. 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: “We,
the committee of the 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 re-
siding 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.
r School Society
; Committee.”
“ On this day of A. 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

person shall be returned by the committe of different districts, it shall be the duty of the committee of the school society, to determine to which district such person belongs. And provided also, that the said lists and returns, so made to said school society committee, shall be lodged with the treasurer of such society, and be by him preserved for the use of said society.

sect. 14. The comptroller of public accounts shall, on application of the committee of any school society, draw an order on the treasurer for such proportion or amount as such school society may be entitled to, of all monies, by law appropriated for the benefit, supportand encouragement 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 apportioned to such school societies, according to the returns so made to him by the committee of said society, in conformity 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 shall certify in writing, under their hands, in the words 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.

Dated at the day of A. D.

School Society

! Committee. To the comptroller of public accounts.”

sect. 15. All the money provided for the use of schools, received by the committee, shall be paid over to the treasurer of the society, who shall stand charged with, 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

the same per-
son returned in
different dis-
tricts.
Lists and re-
turns to be lodg-
ed with society
treasurer.

Comptroller to draw orders on treasurer in favor of school societies, for school money.

To be apportioned according to returns.

Certificate of school society committee. Form.

School money to be divided among the districts.

Provision where
the expenses of
the school ex-
ceed the
school money.

Misapplication of school money a forfeiture.

Powers of school societies in relation to burials, &c.

persons between the ages of four and sixteen, in such dis-
trict.
sect. 16. Whenever the expense of keeping a school,
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 constitut-
ed a board, to examine, adjust, and allow, all bills of ex-
pense, accruing for the support of schools, in said dis-
trict, and apportion such deficiency among the propri-
etors of said school, according to the number of days
that any person or persons may have sent any schol-
ar 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.
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 fraud-
ulently 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 ac-
tion 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 pro-
vide 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 in-
corporated ecclesiastical societies, or other religious so-
cieties or congregations, who have separate burying-
grounds; and such towns and societies, shall have all the
power given by this section to school societies.

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