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for certain

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nished with the same, by the school committee, at the expense of said town.

SECT. 29. The school committee shall procure, at the expense of the Committee to city or town, a sufficient supply of text-books for the public schools, book, apparaand give notice of the place where they may be obtained. Said books tus, &c. shall be furnished to the pupils at such prices as merely to reimburse 1859, 93, $1. the expense of the same. The school committee may also procure, at 13 Pick. 229. the expense of the city or town, such apparatus, books of reference, and other means of illustration as they deem necessary for the schools under their supervision, in accordance with appropriations therefor previously made.

SECT. 30. If any scholar is not furnished by his parent, master, or guardian, with the requisite books, he shall be supplied therewith by the scholars at ex school committee at the expense of the town.

R. S. 23, § 20. SECT. 31. The school committee shall give notice in writing to the Expense of assessors of the town of the names of the scholars supplied with books plied to be taxunder the provisions of the preceding section, of the books so furnished, ed to parents, the prices thereof, and the names of the parents, masters, or guardians, k. S. 23, $ 21. who ought to have supplied the same. The assessors shall add the price of the books to the next annual tax of such parents, masters, or guardians; and the amount so added shall be levied, collected, and paid into the town treasury, in the same manner as the town taxes.

SECT. 32. If the assessors are of opinion that any parent, master, or If parents unaguardian, is unable to pay the whole expense of the books so supplied may be omitted. on his account, they shali omit to add the price of such books, or shall R. $. 23, $ 22. add only a part thereof, to his annual tax, according to their opinion of his ability to pay.

SECT. 33. In any town containing five hundred families in which a Duty of comschool is kept for the benefit of all the inhabitants as before provided, school is for the school committee shall perform the like duties in relation to such benefit of whole. school, the house where it is kept, and the supply of all things necessary R. S. 23, § 11. therefor, as the prudential committee may perform in a school distriet.

Sect. 34. The members of the school committee shall be paid in Compensation cities one dollar, and in towns one dollar and a half, each, a day, for of committee. the time they are actually employed in discharging the duties of their 1859, 103. office, together with such additional compensation as the town or city may allow.

SECT. 35. Any town annually by legal vote, and any city by an Superintendent onlinance of the city council, may require the school committee annu

of schools, ap

pointment, dually to appoint a superintendent of public schools, who, under the direc- ties, &c. tion and control of said committee, shall have the care and supervision 1866, 232, $$1, 2 of the schools, with such salary as the city government or town may determine; and in every city in which such ordinance is in force, and in every town in which such superintendent is appointed, the school committee shall receive no compensation, unless otherwise provided by such city government or town.

SCHOOL-HOUSES. SECT. 36. Every town not divided into school districts shall provide Towns not disand maintain a sufficient number of school-houses, properly furnished tricted to mainand conveniently located, for the accommodation of all the children houses, &c. therein entitled to attend the public schools; and the school committee, 1850, 251, 52 unless the town otherwise direct, shall keep them in good order, pro- 1809, 252, $$ 4, 5. curing a suitable place for the schools, where there is no school-house, and providing fuel and all other things necessary for the comfort of the scholars therein, at the expense of the town.

SEAT. 37. Any town, at a meeting legally called for the purpose, may Location of determine the location of its school-houses, and adopt all necessary

school-houses.

ken for school

R.S.23, $$ 28, 32. measures to purchase or procure the land for the accommodation 1859, 252, $ 4.

thereof. Land may be ta- Sect. 38. When land has been designated by a town, school district, house lots, &c.

or those acting under its authority, or determined upon by the select1818, 237, $ 1. men as a suitable place for the erection of a school-house and necessary 1855, 318, § 1. 2 Gray, 414. buildings, or for enlarging a school-house lot, if the owner refuses to sell

the same, or demands therefor a price deemed by the selectmen unreasonable, they may, with the approbation of the town, proceed to select, at their discretion, and lay out, a school-house lot, or an enlargement thereof, and to appraise the damages to the owner of such land in the manner provided for laying out highways and appraising damages sustained thereby; and upon payment, or tender of payment, of the amount of such damages, to the owner, by the town, the land shall be taken, held, and used, for the purpose aforesaid. But no lot so taken or enlarged shall exceed, in the whole, eighty square rods, exclusive of the

land occupied by the school buildings. Owner of land,

SECT. 39. When the owner feels aggrieved by the laying out or enmay have jury. largement of such lot, or by the award of damages, he may, upon appliProcoedings. Damages and cation therefor in writing to the county commissioners within one year

thereafter, have the matter of his complaint tried by a jury, and the 1851, 186.

jury may change the location of such lot or enlargement, and assess 1855, 10. 2 Gray, 414. damages therefor. The proceedings shall in all respects be conducted

in the manner provided in cases of damages by laying out highways. If the damages are increased, or the location changed, by the jury, the damages, and all charges shall be paid by the town; otherwise the charges arising on such application shall be paid by such applicant. The land so taken shall be held and used for no other purpose than that contemplated by this chapter, and shall revert to the owner, his heirs or assigns, upon the discontinuance there, for one year, of such school

as is required by law to be kept by the town. Committee of

SECT. 40. The school committee of a town in which the school dis

trict tricted, to have

system has been abolished, or does not exist, shall have the general charge of charge and superintendence of the school-houses in said town, so far as school-houses.

relates to the use to which the same may be appropriated. Provisions of SECT. 41. Except as may be otherwise provided in their respective chapter to apply to cities,

charters, or acts in amendment thereof, the provisions of this chapter, so except, &c.

far as applicable, shall apply to cities. And the mayor and aldermen in the several cities are authorized to execute the powers given in section thirty-eight of this chapter to the selectmen and town.

costs. 1818, 237.

town not dis

CHAPTER 39.

OF SCHOOL DISTRICTS.

SCHOOL DISTRICTS. SECTION

1. Districts, how formed, when reorganized. 2. to be corporations for certain purposes. 3. may be abolished, &c.

towns to vote on abolition of. 5. secretary to notify towns, &c., to insert

in warrant concerning. 6. corporate powers of, to continue for cer

tain purposes. 7. Prudential committee in each district. Du

ties. 8. may be chosen by the districts. 9. to consist of three persons in certain

cases.
10. vacancies in, how filled.

SECTION
11. Prudential committee, duties of, to be per-

formed by town committee, when, &c.
12. If district does not establish school, town

committee may, &c. 13. District meetings, selectmen, &c., may issue

warrants for. 14. manner of warning. 15. districts may prescribe mode of calling. 16. Clerk to be chosen, and sworn, keep reo

ords, &c. 17. liable only for want of integrity. Dis

trict, when liable. 18. Districts may raise money for school

houses ; may fix site.

SECTION

SECTION 19. Towns may provide school-houses at the 36. First meeting. Subsequent meetings. Lo common expense.

cation of house. 20. Selectmen to determine site, in case, &c. 37. Clerk, how chosen, &c. 21. Penalty on school district for not providing 38. Assessments, how made. school-house.

39. Prudential committees, how constituted. 22. Personal and real estate, where taxed.

Powers and duties, &c. 23. Manufacturing corporations, where taxed. 40. Usual schools maintained. 24. Non-residents, where taxed.

41. School committees, powers and duties of. 23. Same subject. 20. School taxes assessed like town taxes. 27. Assessors to issue warrants to collectors.

CONTIGUOUS SCHOOL DISTRICTS IN ADJOIN28. Money raised, to be at disposal of committees.

ING TOWNS. 20. If district refuses to raise money, town 42. Contiguous districts in adjoining towns may order it.

may unite, 30. If district neglects to organize, school com- 43. Union not formed without consent of digmittee may provide, &c.

tricts, &c. 31. Collectors to proceed as in collecting town 44. United districts may be separated taxes.

45. meetings of, how called. 32. Treasurer to have like powers, &c.

46. Prudential committee to be chosen, &o. 33. Compensation of assessors, &c.

47. Money raised, to be in proportion, &c. 34. Abatement of taxes.

48. how assessed.

49. School committees of adjoining towns to UXION DISTRICTS.

officiate in turns. 35. Union districts, how formed, &

1 6184 1817

to be corporations, &c.

13 Mass. 193.

10 Met. 464.

may be abol

SECTION 1. Towns may provide for the support of schools without Districts. forming school districts; or may, at a meeting called for the purpose, 1849, 206. divide into such districts and determine the limits thereof; but shall not, 1851, 303. oftener than once in ten years from the second day of May, eighteen 4 Cush. 250. hundred and forty-nine, be districted anew so as to change the taxation Cush.418. of lands from one district to another having a different school-house. 7 Gray, 411.

SECT. 2. A school district shall be a body corporate so far as to prosecute and defend in all actions relating to the property or affairs of the R. 5. 23, $$ 57, district, and may take and hold, in fee simple or otherwise, any estaté 58. real or personal given to or purchased by the district for the support of 6 Met. 197, 546. a school or schools therein.

SECT. 3. A town may, at any time, abolish the school districts therein, and shall thereupon forth with take possession of all the school- ishem

1850286, $ 1. houses, land, apparatus and other property owned and used for school 1862, 199.

See § 19. purposes, which such districts might lawfully sell and convey. The property so taken shall be appraised under the direction of the town, and at the next annual assessment thereafter, a tax shall be levied upon the whole town, equal to the amount of said appraisal; and there shall be remitted to the tax payers of each district the said appraised value of its property thus taken. Or the difference in the value of the property of the several districts may be adjusted in any other manner agreed upon by the parties in interest.

SECT. 4. Every town divided into school districts shall, at the annual meeting in the year eighteen hundred and sixty-three, and every third on abolition of. year thereafter, vote upon the question of abolishing such districts.

SECT. 5. The secretary of the commonwealth, on the recurrence of secretary to a year when the vote thus required is to be had, shall seasonably notify dec., 14o inserit in thereof the selectmen of the several towns, and require them, in towns warrant con

cerning retaining the school district system, to insert an article in the warrant for the annual meeting, for the purpose specified in the preceding section; and the selectmen of any town who neglect to insert such article in the warrant, when so required, shall forfeit twenty dollars.

SECT. 6. Upon the abolition or discontinuance of any district, its corporate corporate powers and liabilities shall continue and remain so far as may continue forcer be necessary for the enforcement of its rights and duties; and the prop- tain purposes. erty which it possessed at the time shall be subject to all legal process against it.

Sect. 7. Every town divided into school districts shall, at its annual Prudential.com meeting, choose one person, resident in each school district, to be a district.

towns to vote

Duties.
R. S. 23, $ 25.
1838, 105, $ 2.
11 Pick. 260.
4 Cush. 599.
8 Cush. 191.

mittee, how
chosen.
R. S. 23, $ 26.
21 Pick. 75.

to consist of
three persons.
1839, 137.
4 Gray, 250.

how filled.

town committee to act as,

If district does not establish

District meet

warrants for.

committee for that district, and to be called the prudential committee, who shall keep the school-house in good order at the expense of the district; and if there is no school-house, shall provide a suitable place for the school of the district at the expense thereof; shall provide fuel and all things necessary for the comfort of the scholars therein; give information and assistance to the school committee of the town to aid them in the discharge of the duties required of them; and, when the town so determines, shall select and contract with an instructor for each

school in the district. Prudential com

SECT. 8. If a town so determines, the prudential committee may be chosen by the legal voters of the several school districts to which they respectively belong, in such manner as the district directs.

Sect. 9. When a town determines that the prudential committees shall select and contract with the school teachers for their districts, three

persons in each district may be chosen to act as such committee. vacancies in, Sect. 10. When the office of prudential committee becomes vacant

in any district, by reason of the death, resignation, or removal of the 1855, 451.

person or persons elected, such district may fill the vacancy at a legal meeting called for the purpose.

Sect. 11. When no prudential committee is chosen for a school dis

trict, the school committee shall perform all the duties of the prudenwhen, &c. R. S. 23, $ 31. tial committee.

SECT. 12. If a school district neglects or refuses to establish a school school, town

and employ a teacher for the same, the school committee may establish committee may. such school and employ a teacher therefor, as the prudential committee R. S. 23, $ 45.

might have done.

SECT. 13. The selectmen of the several towns divided into school Sngs, selectmen, districts as aforesaid, or the prudential committee of every such district,

upon application made to either of them respectively, in writing, by R. S. 23, $ 46.

three or more residents who pay taxes in the district, shall issue their warrant, directed to one of the persons making the application, requiring him to warn the inhabitants of such district, qualified to vote in town affairs, to meet at the time and place in the district expressed in the warrant.

SECT. 14. The warning shall be given seven days at least before the warning, R. S. 23, $ 47.

time appointed for the meeting, by personal notice to every inhabitant of the district qualified to vote in town affairs, or by leaving at his last and usual place of abode a written notification, expressing the time, place and purpose of the meeting, unless the district prescribes another

mode of warning its meetings. districts may

Sect. 15. A school district, at any regular meeting having an article prescribe mode in the warrant for that purpose, may prescribe the mode of warning all R. S. 23, $ 48. future meetings of the district; and may also direct by whom and in

what manner such meetings may be called. Notwithstanding such prescribed mode, meetings may nevertheless be called in accordance with the provisions of the two preceding sections.

Sect. 16. The inhabitants of each school district, qualified to vote chosen, and

in town affairs, shall choose a clerk, who shall be sworn by the moderarecords, &c. tor, in open meeting, or by a justice of the peace; make a fair record R. S. 23, § 27.

of all votes passed at meetings of the district; certify the same when

required, and hold his office until a successor is chosen and qualified. liable only for SECT. 17. The clerk shall be answerable only for want of integrity want of integrity.

on his own part; and if he certifies truly to the assessors of the town District, when the votes of the district for raising, by a tax, any sum of money, the R.S. 23, $ 29

district shall be liable in case of any illegality in the proceedings in

relation to raising such money. Districts may

SECT. 18. The legal voters of any district, at a meeting called for raise money for that purpose, may raise money for erecting or repairing school-houses school-houses.

in their district; for purchasing or hiring any buildings to be used as

8 Cush. 592.

manner of

4 Greenl. 46. 14 Mass. 315. 12 Pick. 206.

1850, 213.
10 Pick. 513.
2 Cush. 419.
8 Cush. 592.

Clerk to be

sworn, keep

21 Pick. 75. 12 Met. 105.

liable.

10 Pick. 543. 11 Pick. 456.

school-houses, and land for the use and accommodation thereof; and for Districts may purchasing libraries and necessary school apparatus, fuel, furniture, and R. S.23, $ 28 other necessary articles, for the use of schools; they may also determine 1849, 81, 1. in what part of their district such school-houses shall stand, and choose 10 Cush. 418. any committee to carry into effect the provisions aforesaid.

Sect. 19. The legal voters of every town may, if they think it expe- Towns may dient, carry into effect the provisions of the preceding section at the provide schoolcommon expense of the town, so far as relates to providing school- common exhouses for the several school districts of the town; and the town in such R. S. 23, $ 32. case may, at any legal meeting, raise money and adopt all other proper 1850, 286, 5 2. measures for this purpose, and, if already districted, may take possession of the school-houses and property of the several districts in the manner provided in section three of this chapter.

SECT. 20. If a school district cannot determine by a vote of two- Selectmen to thirds of the legal voters present and voting thereon, where to place in case, &c. their school-house, the selectmen, upon application made to them by the R. S. 23, $ 50. committee appointed to build or procure the school-house, or by five or 2 Gray, 414. more of the legal voters of the district, shall determine where such school-house shall be placed.

SECT. 21. A school district, obliged by law to provide a suitable Penalty on school-house, shall, for neglecting one year so to do, be liable to a fine for not providnot exceeding two hundred dollars, to be recovered by indictment, on ing schoolcomplaint of any legal voter in said district, to be appropriated to the house. support of schools therein.

SECT. 22. In raising and assessing money in the several school dis- Personal and tricts, every inhabitant of the district shall be taxed in the district

in real estate, which he lives, for all his personal estate, and for all the real estate which R. S. 23, 23. he holds in the town, being under his own actual improvement; and all 12 Met. 181. other of his real estate in the same town shall be taxed in the district in which it lies.

SECT. 23. In the assessment of taxes pursuant to the preceding sec- Manufacturing tion, all real estate and machinery belonging to manufacturing corpora- where taxed: tions or establishments shall be taxed in the school districts where the R. S. 23, 8 34. same are situated; and in assessing the shares in such corporation, or the personal estate of the owners of such establishments, for the like purposes, the value of such machinery and real estate shall first be deducted from the value of such shares or personal estate.

SECT. 24. All the land within a town, owned by the same person Non-residents, not living therein, shall be taxed in the same district.

R. S. 23, $ 36. Sect. 25. When the estate of a non-resident owner is taxed, it may Same subject

. be taxed in such district as the assessors of the town determine; and R. S. 23, 35. the assessors, before they assess a tax for any district, shall determine in which district the estate of any such non-resident shall be taxed, and certify in writing their determination to the clerk of the town, who shall record the same; and such estate, while owned by the same person resident without the limits of the town, shall be taxed in such district accordingly until the town is districted anew.

SECT. 26. The assessors of the town shall assess, in the same manner School taxes asas town taxes are assessed, on the polls and estates of the inhabitants of sessed like town each school district, and on all estates liable to be taxed therein as R. S. 23, $ 37. aforesaid, all money voted to be raised by the legal voters of such district 3 Cush. 589

: for the purposes aforesaid; and such assessment shall be made within 14 Pick. 362. thirty days after the clerk of the district has certified to said assessors the sum voted by the district to be raised.

SECT. 27. The assessors shall make a warrant, substantially in the Assessors to form beretofore used, except that a seal shall not be required thereto, to collectors. directed to one of the collectors of the town, requiring him to collect R. $. 23, : 38. the tax so assessed, and to pay the same to the treasurer of the town i2 Pick. 214. within a time to be limited in the warrant; and a certificate of the

1850, 301.

where taxed.

12 Met. 178.

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