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according to the provisions of chapter sixty-eight, so far as the same may be applicable, and may hold real and personal estate to an amount not exceeding five thousand dollars in addition to the value of their books.

SECT. 11. Upon application of five or more of such proprietors, a Warning meetjustice of the peace may issue his warrant to one of them, directing him in the choice of to call a meeting of the proprietors, at the time and place and for the R. S. 41, $$ 1, 2. purposes expressed in the warrant. The meeting shall be called by posting up the substance of the warrant in some public place in the town where the library is kept, seven days at least before the time of the meeting; at which, if not less than seven of the proprietors meet, they may choose a president, a clerk who shall be sworn, a librarian, collector, treasurer, and such other officers as they may deem necessary; and may determine upon the mode of calling future meetings.

SECT. 12. The treasurer shall give bond with sufficient sureties, to Treasurer to the satisfaction of the proprietons, for the faithful discharge of his duties. give bonds

Sect. 13. Such proprietors may, by assessments on the several shares, Assessments. raise such money as they judge necessary for the purposes of preserving, R. s. 41, $5. enlarging, and using, the library.

TITLE

XI.

OF PUBLIC INSTRUCTION AND REGULATIONS RESPECTING

CHILDREN.

CHAPTER 34. - Of the Board of Education.
CHAPTER 35. — Of Teachers' Institutes and Associations.
CHAPTER 36.- Of the School Funds.
CHAPTER 37. – Of State Scholarships.
CHAPTER 38. - Of the Public Schools.
CHAPTER 39.- Of School Districts.
CHAPTER 40.– Of School Registers and Returns.
CHAPTER 41. –Of the Attendance of Children in the Schools.
CHAPTER 42.- Of the Employment of Children and Regulations respecting them.

CHAPTER 34.

OF THE BOARD OF EDUCATION.

SECTION

SECTION 1. Board of education, how organized; term stracts of returns, and report, to legislaof office; vacancies.

ture. 2. may take grants, devises, &c., in trust for 4. may appoint secretary, who shall make ab

educational purposes; to pay all moneys to stracts, collect and diffuse information, &c. treasurer.

5. Secretary shall suggest improvements, visit 2 shall prescribe form of school registers, different places, collect books, receive reand of blanks for returns; transmit ab- ports, &c.

SECTION
6. Secretary shall give notice and attend meet-

ings, and collect information, &c.
7. shall send blank forms and reports to

clerks of towns and cities,
8. Compensation of secretary, and expenses

of office,

SECTION
9. Board may appoint agents to make in-

quiry, &c.
10. Expenses of board, how paid.
11. Assistant state librarian may act as clerk.

urer. 1850, 88.

shall pre

Board of educa- SECTION 1. The board of education shall consist of the governor and ganized term lieutenant-governor, and eight persons appointed by the governor with of members ; the advice and consent of the council, each to hold office eight years vacancies. 1837, 241, $ 1.

from the time of his appointment, one retiring each year in the order of appointment; and the governor, with the advice and consent of the council

, shall fill all vacancies in the board which may occur from death,

resignation, or otherwise. may take

SECT. 2. The board may take and hold to it and its successors, in frust for educa- trust for the commonwealth, any grant or devise of lands, and any tional purpos- donation or bequest of money or other personal property, made to it for Dúty of treas- educational purposes; and shall forth with pay over to the treasurer of

the commonwealth, for safe keeping and investment, all money and other personal property so received. The treasurer shall from time to time invest all such money in the name of the commonwealth, and shall pay to the board, on the warrant of the governor, the income or principal thereof, as it shall from time to time require; but no disposition shall be made of any devise, donation, or bequest, inconsistent with the conditions or terms thereof. For the faithful management of all prop: erty so received by the treasurer he shall be responsible upon

his bond to the commonwealth, as for other funds received by him in his official capacity

SECT. 3. The board shall prescribe the form of registers to be kept in scribe form of the schools, and the form of the blanks and inquiries for the returns to and blanks for be made by school committees; shall annually on or before the third 1837, 241, $82, 3. Wednesday of January lay before the legislature an annual report con1838, 106, 5-7. taining a printed abstract of said returns, and a detailed report of all 1816, 223, $ 3.

the doings of the board, with such observations upon the condition and efficiency of the system of popular education, and such suggestions as to the most practicable means of improving and extending it, as the

experience and reflection of the board dictate. may appoint

Sect. 4. The board may appoint its own secretary, who, under its Share make web direction, shall make the abstract of school returns required by secstracts, &c. tion three; collect information respecting the condition and efficien1837, 241, $ 2. 1847, 183, & 1.

cy of the public schools and other means of popular education; and 1849, 215, $ 1. diffuse as widely as possible throughout the commonwealth information

of the best system of studies and method of instruction for the young, that the best education which public schools can be made to impart

may be secured to all children who depend upon them for instruction. Secretary shall Šect. 5. The secretary shall suggest to the board and to the legissuggest im

lature, improvements in the present system of public schools; visit, as provements,&c. 1849, 215, $1. often as his other duties will permit, different parts of the common

wealth for the purpose of arousing and guiding public sentiment in relation to the practical interests of education; collect in his office such school-books, apparatus, maps, and charts, as can be obtained without expense to the commonwealth ; receive and arrange in his office the reports and returns of the school committees; and receive, preserve, or

distribute, the state documents in relation to the public school system. shall give noSECT. 6. He shall, under the direction of the board, give

sufficient notice and attend tice of, and attend such meetings of teachers of public schools, members 1838, 159, $ 1. of the school committees of the several towns, and friends of education 1812, 42.

generally in any county, as may voluntarily assemble at the time and place designated by the board; and shall at such meetings devote himself to the object of collecting information of the condition of the

1819, 209.

1858, 61.

1850, 41.

public schools of such county, of the fulfilment of the duties of their office by members of the school committees of all the towns and cities, and of the circumstances of the several school districts in regard to teachers, pupils, books, apparatus, and methods of education, to enable him to furnish all information desired for the report of the board required in section three.

SECT. 7. He shall send the blank forms of inquiry, the school regis- Secretary shall ters, the annual report of the board, and his own annual report, to the send forms and clerks of the several towns and cities as soon as may be after they are clerks, &c. ready for distribution.

Sect. 8. He shall receive from the treasury, in quarterly payments Compensation an annual salary of two thousand dollars, and his necessary travelling and expenses expenses incurred in the performance of his official duties after they of office. have been audited and approved by the board; and all postages and 1863; 49. other necessary expenses arising in his office, shall be paid out of the treasury in the same manner as those of the different departments of the government.

Sect. 9. The board may appoint one or more suitable agents to visit Board may apthe several towns and cities for the purpose of inquiring into the condi- make it cuts to tion of the schools, conferring with teachers and committees, lecturing &c.

Resolves, 1857, upon subjects connected with education, and in general of giving and 22. receiving information upon subjects connected with education, in the same manner as the secretary might do if he were present.

SECT. 10. The incidental expenses of the board, and the expenses of Expenses of the members thereof incurred in the discharge of their official duties, baidd, how shall be paid out of the treasury, their accounts being first audited and 1838, 55. allowed.

Sect. 11. The assistant librarian of the state library shall act when Clerk. necessary as clerk of the board.

1849, 155, $ 1.

CHAPTER 35.

OF TEACHERS' INSTITUTES AND ASSOCIATIONS.

SECTION
L Board of education to arrange for meeting

of teachers' institutes.
2. Expenses of, how paid.
2. Board to regulate length of session and ex-

SECTION
4. When meetings held, county associations

to receive $50 a year.
5. To be paid on certificate, &c.

expenses of,

SECTION 1. When the board of education is satisfied that fifty Teachers' institeachers of public schools desire to unite in forming a teachers' institute, tutes, meetings it shall, by a committee of its body, or by its secretary, or in case of his 1846

, 99, $ 1. inability by such person as it may delegate, appoint and give notice of 1848 10

. a time and place for such meeting, and make suitable arrangements therefor.

SECT. 2. To defray the necessary expenses and charges, and procure teachers and lecturers for such institutes, the governor may draw his house poids warrant upon the treasurer for a sum not exceeding three thousand 1854, 300, 393, 4. dollars per annum, to be taken from that portion of the income of the besolves, 1850, school fund not apportioned for distribution to the several cities and towns for the support of public schools.

Sect. 3. The board may determine the length of time during which length of, and a teachers' institute shall remain in session, and what portion,

not exceeding three hundred and fifty dollars, of the sum provided for in the 1849, 02. preceding section shall be appropriated to meet the expenses of any

expense. 1846, 99, $ 2.

1852, 216.

such institute; and the board, its secretary, or any person by it duly

appointed, may draw upon the treasurer therefor. When meetings SECT. 4. When a county association of teachers and others holds held, county as semi-annual meetings, of not less than two days each, for the express ceive $50 a year . purpose of promoting the interests of public schools, it shall receive fifty

from the commonwealth. To be paid on Sect. 5. Upon the certificate under oath of the president and secreeertificate, &c. 1818, 301, $ 2.

tary of such association to the governor that two semi-annual meetings have been held in accordance with the provisions of the preceding section, he shall draw his warrant in favor of such association for the sum aforesaid.

dollars a year

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4.

MASSACHUSETTS SCHOOL FUND. School fund,

SECTION 1. The present school fund of this commonwealth, together how invested. Income only to

with such additions as may be made thereto, shall constitute a permabe used. nent fund, to be invested by the treasurer with the approbation of the R. S. 11, $$ 13, 14.

governor and council, and called the “ Massachusetts School Fund;" 1854, 300, $$ 2, 3, the principal of which shall not be diminished, and the income of which, 1854, 333.

including the interest on notes and bonds taken for sales of Main lands and belonging to said fund, shall be appropriated as hereinafter

provided. Income, how SECT. 2. One-half of the annual income of said fund shall be appordistributed. 1854, 300, $$ 2, 3.

tioned and distributed for the support of public schools without a specific 1858, 96, § 2. appropriation. All money appropriated for other educational purposes

, unless otherwise provided by the act appropriating the same, shall be paid from the other half of said income so long as it shall be sufficient for that purpose. If insufficient, the excess of such appropriations in any year shall be paid from any money in the treasury not otherwise appropriated. If the income in any year exceeds such appropriations

for the year, the surplus shall be added to the principal of said fund. how appor

SECT. 3. The income of the school fund appropriated by the preschools.

ceding section to the support of public schools, which may have accrued When towns

upon the first day of June of each year, shall be apportioned by the are not entitled secretary and treasurer, and on the tenth day of July be paid over by R. S. 23, $$ 66, the treasurer to the treasurers of the several towns and cities for the

use of the public schools, according to the number of persons therein 1846, 223, $ 5. 1849, 117, š$ 2, 3. between the ages of five and fifteen years, ascertained and certified as

provided in sections three and four of chapter forty. But no such ap, portionment shall be made to a town or city which has not complied with the provisions of sections five and six of said chapter, or which has not raised by taxation for the support of schools during the school year embraced in the last annual returns, including only wages and board of

tioned for

67.

teachers, fuel for the schools, and care of fires and school-rooms, a sum not less than one dollar and fifty cents for each person between the ages of five and fifteen years belonging to said town or city on the first day of May of said school year.

Sect. 4. The income of the school fund received by the several Income recities and towns shall be applied by the school committees thereof to ceived by

towns, how apthe support of the public schools therein, but said committees may, if plied.” they see fit, appropriate therefrom any sum, not exceeding twenty-five per cent. of the same, to the purchase of books of reference, maps, and apparatus for the use of said schools.

Sect. 5. On the first day of January annually, there shall be paid Appropriations out of the income of said school fundo as follows, viz.: One hundred for Indians, dollars to the treasurer of the Marshpee Indians, to be applied under rendered. his direction to the support of public schools among said Indians; one RS. 23, 568. hundred and sixty-five dollars to the selectmen of the district of Marsh- 1853, 186, §§ 1, 2. pee, under the provisions of chapter thirty-five of the Resolves of the Resolves, 1855, year one thousand eight hundred and fifty-five; sixty dollars to the trustee of the Gay Head Indians; sixty dollars to the guardian of the Indians of Christiantown and Chippequiddic; and twenty dollars to the treasurer of the Herring Pond Indians; to be applied by them in like manner to the support of public schools among said Indians; and an annual account of the appropriations of said money shall be rendered to the governor and council.

INDIAN SCHOOL FUND.

Sect. 6. The income of the school fund for Indians, derived from Indian school the surplus revenue of the United States, shall be paid annually in the fined here apmonth of March for public school purposes as follows, viz.: to the 1837, 85, 8 7. treasurer of the district of Marshpee, sixty dollars; to the guardian of the Christiantown and Chippequiddic Indians, seventy-two dollars, onehalf thereof for the benefit of said Christiantown and Chippequiddic Indians, and the other half for the benefit of the Gay Head Indians; and to the treasurer of the Herring Pond Indians, eighteen dollars.

TODD NORMAL SCHOOL FUND.

Sect. 7. The income of the Todd fund shall be paid by the treasurer Todd fund, how of the commonwealth on the warrant of the governor to the board of applied education, to be by them applied to specific objects in connection with the normal schools not provided for by legislative appropriation.

, 88.

CHAPTER 37.

OF STATE SCHOLARSHIPS.

SECTION

1. Forty-eight scholarships established.
2. Arrangement of sections and classes for

scholarships. One scholarship to cach sec-
tion every four years. Secretary of board

to notify school committees. 3. School committees to recommend candi

dates. Qualifications of candidates. Va

cancies, how filled. 4. Additional scholars. Character of scholars.

SECTION

5. Time and place of selection.
6. Place of education, how selected. Scholarg

to receive $100 annually.
7. Vacancies, how filled.
8. Scholars attending normal school, allow-

ance to.
9. Those receiving aid, to teach or refund.
10. Appropriations.

Section 1. To aid in qualifying, principal teachers for the high Scholarships schools of the commonwealth, forty-eight state scholarships are estab- 1853, 193, § i. lished.

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