ment, with the cost of taking and committing: and that for want of goods or chattels, whereon to make distress, he has taken his body; and such attested copy with the certificate thereon under the hand of the officer, shall be a sufficient warrant to require the prison keeper to receive and keep such person in custody until he shall pay his rate or assessment as aforesaid, and charges of imprisonment with thirtythree cents for the copy of the warrant; Provided nevertheless, Liberty of yard Any person committed to gaol for his taxes, shall have the liberty of the gaol yard, upon his procuring sufficient bondsted. as is by law directed for other debtors.

allowed to per

sons so commit

committed for

debtors, towns,

pay tax.

SEC. 53. Be it further enacted, That when any person when persons standing committed as aforesaid, for any tax due to the State, taxes, are disor to the county shall be liberated from such commitment, by charged as poor virtue of an Act entitled "An Act for the relief of poor pris- &c. holden to oners confined in gaol for taxes;" in every such case the town or plantation from whose Assessors, the warrant, by virtue of which such prisoner was committed, was issued, shall be holden to pay the whole tax required of such town or plantation.

When persons

from tax on

oath, constable

unless commit

SEC. 54. Provided: And be it further enacted, That when any person who shall be imprisoned for the non payment of are discharged the proportion of any tax, shall be discharged from confine- poor debtors' ment by virtue of said Act, the Collector or Constable mak- liable to pay. ing such imprisonment, shall not be discharged of the propor- und within one tion which was due from such person, but shall be holden to year, &c. pay the same, unless such imprisonment shall be made within one year next after the commitment of such tax to such Collector or Constable, or unless the inhabitants of such town or place, in legal town meeting shall see fit to abate the same to such Collector or Constable.

Officer's fees on

commitment

SEC. 55. Be it further enacted, That in case of distress or commitment for the non payment of taxes, the officer con- and distress. cerned therein, shall be entitled to the same fees which Sheriffs by law are, or may be entitled to for levying executions; saving that the travel in case of distress, shall be computed only from the dwelling house of the officer making such distress, to the place where the distress may be made.

treasurer a col

under bonds.

SEC. 56. Be it further enacted, That it may be lawful for Towns may the inhabitants of any town within this State at their meeting restric in the month of March or April annually, to appoint their lector of taxes, Treasurer a Collector of taxes in their said towns; and the Treasurer so appointed shall be and he hereby is empower and he may ap ed to substitute and appoint under him such number of depu- point deputies, ties or assistants, as may be necessary; which deputies or assistants, so appointed, shall give bonds for the faithful discharge of their duty, in such sums, and with such sureties, as the Selectmen of such town shall think proper; and the said Collector and his deputies shall have the same powers as arc vested in Collectors of taxes chosen for that purpose.

Their powers.

Inhabitants of such towns vol

ing-taxes with

er, entitled to

as towns may agree upon.

SEC. 57. Be it further enacted, That all such inhabitants untarily pay of the said towns, who shall voluntarily pay the said Collecin certain peri- tor or his deputy within thirty days next after the delivery ods to treasur. of their tax bills, the amount of their respective taxes, shall such abatement be entitled to an abatement of such sum as said town at their annual meeting may agree upon, on the amount of their said taxes; and such inhabitants as shall voluntarily pay their taxes to the said Collector or his deputy within sixty days after the delivery of their tax bills, shall be entitled to an abatement of such sum as may be agreed upon as aforesaid, on the amount of their said taxes; and all such inhabitants as shall voluntarily pay to the said Collector or his deputy, within one hundred and twenty days after the delivery of their tax bills shall be entitled to an abatement on the amount of their said taxes, of such sum as may be agreed upon as aforesaid.

Taxes not so paid in, how collected.

Assessors in towns regulating the collec

SEC. 58. Be it further enacted, That all such taxes as shall not have been paid in agreeably to the provisions of the fifty-seventh section of this Act, shall and may be collected by the Collector or his deputy, or deputies, agreably to the other provisions of this Act.

SEC. 59. Be it further enacted, That the Assessors of any tion of taxes by town, which shall at their annual meeting, regulate the coltreasurer, &election of their taxes, agreeably to the provisions of this Act, how to proceed. shall assess their taxes in due form, and deposit the same in

Town treasurer, who is also

issue warrants

quents after expiration of

times fixed for payment of taxes.

the hands of the Treasurer for collection, together with a warrant for that purpose, after he shall have been duly qualified, together with his deputy or deputies; and at the same time shall post up notifications thereof, together with a copy of the fifty-seventh section of this Act, in one or more public places within said town.

SEC. 60. Be it further enacted, That it may be lawful for collector, may any town Treasurer who may also have been chosen a Colof distress, &c. lector as well as Treasurer, as is provided for in the fiftyagainst delin- sixth section of this Act, to issue his warrant to the sheriff of the county, or his deputy, or to any Constable of the same town, directing them to distrain the person or property of any person or persons, who may be delinquent in the payment of taxes after the expiration of the time fixed for the payment thereof by any vote of such town; which warrants shall be of the same tenor with the warrant prescribed to be issued by Selectmen or Assessors for the collecting or gathering in of Form of such the State rates or assessments, mutatis mutandis. And the said officers shall make a return of their warrants with their doings thereon to the said Treasurer and Collector within thirty days from the date thereof: Provided however, That nothing in this Act shall prevent the said Treasurer and Collector whenever there may be a probability of losing a tax, from distraining the person or property of any individual, before the expiration of the time fixed by the votes of said

warrents and

time of return,

Proviso.

town.

to execute war

SEC. 61. Be it further enacted, That it shall be the duty of Officers duty said officers to execute all warrants they may receive from rants from treasaid Treasurer and Collector, pursue the same process in dis- surer, and how. training the persons or property of delinquents, as Collectors of taxes are authorized to do and perform; and for collecting the sum of money due on said warrant, receive the fees that are allowed by law for levying executions in personal actions: Provided however, Before the said officers shall serve any war- Provided, no rant, they shall deliver to the delinquent, or leave at his or tice from treasher usual place of abode a summons from said Treasurer and left with delinCollector, stating the amount due, and that unless the same is quent, stating paid within ten days from the time of leaving said summons, paid. into the town Treasury with twenty cents for said summons, his or her property will be distrained according to law.

urer shall be

amount

when to be

&c.

SEC. 62. Be it further enacted, That the affidavit of What shall be any legal evidence disinterested person taken before a Justice of the Peace, of of notice for the posting notifications required for the sale of any land sale of lands, which shall be sold by any Sheriff, Constable or Collector in the execution of his office may be used in evidence of the fact of notice upon any trial of the validity of such sale: Provided, That such affidavit, made on one of the original advertisements, or on a copy of one of them, shall be filed and recorded in the Registry of Deeds of the county or district where the land lies, within six months.

When estates

Celinquency of

certain cases,

of indem

SEC. 63. Be it further enacted, That if the estate of any of individuals inhabitant or inhabitants, (not being an Assessor or Assessors are taken for of any town or plantation,) shall be levied upon and taken towns, &c. in as directed in the twenty-second section of this Act, he or mode and nathey shall have an action or actions against the town or plant-nity for such ation, to recover the full value of the estate so levied upon inhabitants. and taken, with interest thereon, computed at the rate of twelve per centum per annum, from the time the said estate was taken, with legal costs of suit; and at the trial, the plaintiff or plaintiffs shall be admitted to prove the real and true value of the estate so taken, at the time the same was levied upon. And in order that such action or actions may be supported against a plantation :

liabilities as

cases,

SEC. 64. Be it further enacted, That each plantation in Plantations this State, from which any State tax or taxes now remain due subject to same and unassessed, or from which any State or county tax shall towns in such hereafter be required as aforesaid, be and hereby is made a body politic and corporate for the purposes aforesaid, and liable to such action or actions, with full power to defend the same in the same manner as towns by law may defend suits against them.

[Approved March 21, 1821.]

Preamble.

Amount of

money to be an

nually raised and expended

for schools, in

each town and

plantation.

Duty of presidents and instructers of colleges, and

academies to

wards their pu pils.

CHAPTER CXVII.

An Act to provide for the Education of Youth.

Whereas the Constitution of this State has declared that a general diffusios of the advantages of education is essential to the preservation of the rights and liberties of the people, and has made it the duty of the Legislature to require the several towns to make suitable provision at their own expense for the support and maintenance of public schools:

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That every town and plantation shall annually raise and expend for the maintenance and support of schools therein, to be taught by school masters duly qualified, a sum of money including the income of any incorporated school fund not less than forty cents for each inhabitant, the number to be computed according to the next preceding census of the State, by which the representation thereof has been apportioned: Provided, That a part, not exceeding one third of the money allotted to any district, may, if the district so determine, be applied to the support of a school taught by a mistress, or when the sum so allotted to a district in any year, shall not exceed thirty-five dollars, the whole may be expended in the same manner.

SEC. 2. Be it further enacted, That it shall be the duty of the Presidents, Professors, and Tutors of Colleges, and the preceptors of preceptors and teachers of academies, and all other instructers of youth, to take diligent care and exert their best endeavors, to impress on the minds of children and youth committed to their care and instruction, the principles of piety and justice, and a sacred regard to truth, love to their country, humanity and universal benevolence; sobriety, industry, and frugality; chastity, moderation and temperance; and all other virtues which are the ornaments of human society: and it shall be the duty of such instructers to endeavor to lead those under their care, (as their ages and capacities will admit,) into a particular understanding of the tendency of the before mentioned virtues, to preserve and perfect a republican constitution, and secure the blessings of liberty as well as to promote their future happiness, and the tendency of the opposite vices to slavery and ruin.

School commit

at annual meetings.

SEC. 3. Be it further enacted, That there shall be chosen by tee to be chosen ballot at the annual meeting, in each town and plantation, a superintending school committee, consisting of not less than three nor more than seven persons, whose duty it shall be, to examine school masters, and mistresses, proposing to teach school therein. And it shall be the duty of such committee to visit and inspect the schools in their respective towns and plantations, and inquire into the regulations and discipline thereof, and the proficiency of the scholars therein, and use their influence and best endeavors, that the youth in the sev eral districts regularly attend the schools; and the said committee shall have the power to dismiss any school master or

Duty and powers of such committee.

district.

mistress who shall be, found incapable, or unfit to teach any school, notwithstanding their having procured the requisite certificates; but the towns and plantations shall be bound to pay such instructers for the time they have been employed; and the superintending committee shall have power to direct what school books shall be used in the respective schools; and Towns to at the meeting for the choice of town officers, there shall be choose agents chosen an agent for each school district, whose duty it shall for each school be, to hire the school masters or mistresses, for their respective districts, and to provide the necessary fuel and utensils for the schools. If any parent, master or guardian, shall, after School books to notice given him by the master or mistress of any school, re- by parents, fuse or neglect to furnish their several scholars with suitable guardians, &e. books, the Selectmen of the town or Assessors of the plantation thereof, on being notified by such master or mistress, in case of neg shall furnish the same at the expense of the town or plantation, which expense shall be added to the next town or plantation tax of such parent, master or guardian.

be furnished

lect. how sup

plied.

employed as a

qualifications

mistresses to be

SEC. 4. Be it further enacted, That no person shall be em- No alien to be ployed as a school master, unless he shall be a citizen of the school master. United States, and shall produce a certificate from the superintending school committee of the town, or plantation where the school is to be kept, and also from some person of liberal education, literary pursuits and good moral character residing within the county, that he is well qualified to instruct youth in reading, in writing the English language grammatically, and in arithmetic, and other branches of learning usually taught in public schools; and also a certificate from the Selectmen of the town or Assessors of the plantation where he belongs, that to the best of their knowledge, he is a person of sober life and conversation, and sustains a good moral character. And no person shall be employed as a school mistress unless Certificate of she shall produce a certificate from the superintending school of masters and committee of the town or plantation where the school is to be produced. kept, that she is suitably qualified to teach the English language grammatically, and the rudiments of arithmetic, and produce satisfactory evidence of her good moral character. Assessors to asSEC. 5. Be it further enacted, That it shall be the duty of sign to each the Assessors of each town and plantation to assign to each district its school district, a proportion of the money raised in each year for the support of schools according to the number of children therein, between the ages of four and twenty-one years; and the Assessors of towns shall certify such assignment to the Selectmen: Provided, That whenever any town or plant- Proviso. ation shall raise a sum of money exceeding that required by this Act, such surplus may be distributed among the several school districts, in such manner as the town or plantation may penalty for determine. And if any town or plantation shall fail to raise Leglecting to and expend annually for the support of schools the amount pead the mot ey of money required by this Act, they shall forfeit and pay a this Act.

share of money.

raise and ex

required by