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If district refuses to raise

UNION DISTRICTS. [CHAP 39. assessment shall be made by the assessors and delivered to the treas.

urer. Money raised, SECT. 28. The money so collected and paid shall be at the disposal to be at disposal of the committee appointed by the district, to be by them applied to the R. S. 23, $ 39. building or repairing of school-houses, or to the purchase of buildings to

be used as such, or of land for their sites, as before provided, and according to the votes or directions of the legal voters of the district.

SECT. 29. If at a meeting of the legal voters of a school district

called for the purpose of raising money, a majority of the voters present money, town may order it. are opposed thereto, any five inhabitants of the district, who pay taxes

, R. $. 23, $ 44., 1848, 274. may make application in writing to the selectmen of the town, request

ing them to insert in their warrant for the next town meeting an article requiring the opinion of the town relative to the expediency of raising such money as was proposed in the warrant for the district meeting; and if the majority of the voters think the raising of any of the sums of money proposed in the warrant is necessary and expedient, they may vote such sum as they think necessary for said purposes, and the same shall be assessed on the polls and estates of the inhabitants of such district, and be collected and paid over in the manner before provided. They may also empower the selectmen of the town, or the school committee, or may choose a committee, to carry into effect the purposes for which such money is voted, if such district neglects or refuses to choose

a committee for that purpose. If district neg

SECT. 30. If a district neglects to organize by the choice of officers, lects to orgasm. the money necessary for the erection, repair, or enlargement of a schoolize, school com

house therein, may be expended by order of the school committee, and, provide, &c. 1858, 145, $ 1.

upon their certificate, shall be assessed upon the polls and estates of the inhabitants of the district, collected like other district taxes, and paid

into the treasury of the city or town. Collectors, how Sect. 31. In collecting district taxes the collectors shall have the

same powers and proceed in the manner provided by law in collecting R. S. 23, $ 40.

town taxes. Treasurer, pow- Sect. 32. The treasurer of a town, to whom a certificate of the ers of, &o. R. S. 23, $ 41.

assessment of a district tax is transmitted, shall have the like authority to enforce the collection and payment of the money so assessed and certified, as he has in the case of money raised by the town, for the use

of the town. Compensation Sect. 33. The assessors, treasurer, and collector, shall have the same

compensation, respectively, for assessing, collecting, and paying out R. S. 23, $ 42. money, assessed for the use of a school district, as is allowed by the town

for like services in respect to town taxes.

SECT. 34. The assessors shall have the same power to abate the tax, or any part thereof, assessed on an inhabitant of a school district, as .they have to abate town taxes.

mittee may

to collect taxes.

of assessors, &c.

Abatement of taxes.

UNION DISTRICTS.

&c.

6.

Union districts, Sect. 35. Two or more contiguous school districts in a town may, how formed,

by a vote of two-thirds of the legal voters of each district, present and 1838

, 189, $$ 1, 2, voting at legal meetings of their respective districts called for the pur1839, 56, $ 2.

pose, associate and form a union district, for the purpose of maintaining à union school for the benefit of the older children of such associated districts; such district shall have the powers, privileges, and liabilities of school districts, with such name as the district determines at its first

meeting First meeting.

Sect. 36. The districts proposing such association shall, at the time Subsequent of voting to form the union, respectively agree upon the time, place and meetings. Location of house. manner of calling the first meeting of the union district, which may 1838, 189, $$ 3,5. from time to time determine the mode of calling and warning its meet

1838, 189, $.

ings, the time and place of its annual meetings, and the place where its school-house shall stand. The location of the school-house, if not determined by the district, shall be referred to the selectmen, as provided for other districts.

Sect. 37. Each union district, at its first meeting, shall choose by Clerk, how ballot & clerk, who shall be sworn in the manner, and perform the duties, chosendes prescribed for clerks of other school districts, and hold the office until à successor is chosen and qualified.

SECT. 38. In raising and assessing money in such districts, every Assessments, inhabitant shall be taxed in the manner in which inhabitants of other how made

1838, 189, § 1. school districts are taxed, and the real estate of non-resident owners taxable in either of the districts composing the union district shall be taxed in such districts.

SECT. 39. The prudential committees of the respective districts, Prudential comforming the union district, shall together constitute the prudential committees, how mittee of such district; have the powers and discharge the duties, in Powers and durelation to the school and school-house of the district, prescribed to pru- 1838, 189, $$ 6, 7. dential committees in relation to the schools and school-houses in their respective districts; and determine what proportion of the money raised and appropriated by the town for each of the districts composing the union district shall be appropriated and expended in paying the instructors of the union school; subject in all matters to any legal votes of the union district.

SECT. 40. The public schools required by law shall continue to be Usual schools maintained in each of the districts thus associated, as if no union district maintained,

1838, 189, $7. had been formed.

SECT. 41. The school committee shall have the powers and duties School commitin relation to such union school which they have in relation to other tees Pole were district schools.

1838, 189, $ 8.

,

CONTIGUOUS SCHOOL DISTRICTS IN ADJOINING TOWNS. Sect. 42. If two or more contiguous school districts in adjoining Contiguous distowns are too small to maintain schools advantageously in each, such dis- tricts in adjointricts may unite and form one district, with the powers, privileges, and unite.

R. S. 23, $ 49. liabilities allowed or prescribed in regard to school districts.

SECT. 43. No district shall be so united, unless the legal voters of Union not formeach, at legal meetings called for the purpose, agree thereto; nor, unless ed without conthe respective towns, at legal town meetings called for the purpose, &c.

R. S. 23, $ 50. assent to the same; and when such vote is passed by a school district, the clerk thereof shall forthwith send a certified copy to the clerk of his town.

SECT. 44. When the voters in such united district, at a legal meet- United dising called for the purpose, deem it expedient to separate and again separated. form two or more districts, they may do so, first obtaining the consent R. S. 23, § 51. of the respective towns.

Sect. 45. The first meeting of such united district shall be called in meetings of, the manner agreed upon by the respective districts at the time of form- how called,

S. 52. ing the union; and such district may, from time to time thereafter, prescribe the mode of calling and warning its meetings as other school districts may

do. SECT. 46. Such district, at the first meeting and annually thereafter, Prudential comshall choose a prudential committee, who shall receive and expend the chosen, &c. money raised and appropriated in each town for the united district, and R. S. 23, $ 53. possess the powers and discharge the duties allowed or prescribed to the prudential committees of other districts.

SECT. 47. The legal voters of a united district shall, at the time of Money raised to Foting to raise such money, determine the amount to be paid by the be in proporinhabitants in cach town, which shall be in proportion to their respec- R. S. 23, § 54.

sessed.

tive polls and estates; and the clerk of the district shall certify such yote

to the assessors of each of said towns. Money, how as- SECT. 48. All money duly voted to be raised by any such united

district shall be assessed by the assessors of the respective towns upon R. 8. 23, § 55.

the polls and estates of the inhabitants of the district, and collected, as

taxes are assessed and collected in other school districts. School commit

SECT. 49. The respective school committees of the towns from which tees of adjoining such united district is formed shall discharge the duties of school comciate in turns. mittee for the district in alternate years, commencing with the most R. 8. 23, $ 56.

ancient town.

towns to offi

CHAPTER 40.

OF SCHOOL REGISTERS AND RETURNS.

SECTION
1. Town clerks to deliver registers, &c., to

school committee.
2. If not received.
3. Duties of assessors, as to persons between

five and fifteen.
4. of school committee; form of certificate.
5. Registers to be kept; returns.
6. Committees' report; to whom sent; where

deposited; to be printed.
7. When report is not made.
8. When informal, &c.

SECTION
9. Penalty for neglect, or informal, &c., të

port.
10. Reports, &c., of board of education, how

received, delivered, and for what purpose

In whom property of. 11. Who to sign reports. 12. Penalty on committee for neglect in te

turns, &c. 13. Registers, how kept. Teachers not to draw

pay until return of register.

-tee.

Duties of agsessors as to persons be

Town clerks to SECTION 1. The clerks of the several cities and towns, upon redeliver registers, &c., to

ceiving from the secretary of the board of education the school registers school commit- and blank forms of inquiry for school returns, shall deliver them to the 1849, 65, $ 2.

school committee of such cities and towns. If not received. SECT. 2. If a school committee fails to receive such blank forms of 1846, 223, $3.

return on or before the last day of March, they shall forth with notify the secretary of the board of education, who shall transmit such forms as soon as may be.

SECT. 3. The assessors shall annually in the month of May, ascertain

the number of persons in their respective towns and cities on the first tween five and day of May between the ages of five and fifteen years, and on or before fifteen. 1855, 15. the first day of July following report the same to the school committee.

of school com- SECT. 4. The school committee shall annually on or before the last mittee. Form of certificate. day of the following April, certify under oath the numbers so returned 1846, 223, $ 2. 1849, 117, $1.

to them by the assessors, and also the sum raised by such city or town 1855, 23. for the support of schools during the preceding school year, including See § 11

only wages and board of teachers, fuel for the schools, and care of the
fires and school-rooms, and shall transmit such certificate to the secre-
tary of the board of education. The form of such certificate shall be as
follows, to wit:-
We, the school committee of

do certify, that from the returns made by the assessors in the year

it appears, that on the first day of May, in the year there were belonging to said town the number of the ages of five and fifteen years; and we further certify, that said town raised the sum of

dollars for the support of public schools for the preceding school year, including only the wages and board of teachers, fuel for the schools, and care of fires and school-rooms.

}School Committee. ss. On this

day of

personally appeared the above named school committee of

and made oath that the above certificate, by chem subscribed, is true.

Justice of the Peace.

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persons between

Before me,

See Ch. 38, $ 20.

1855, 03, $ 2.

Sect. 5. The school committee shall cause the school registers to be Registers and faithfully kept in all the public schools, and shall annually on or before 1839,227 ; 1888, the last day of April, return the blank forms of inquiry, duly filled up, 105, 66: 1816, to the secretary of the board of education; and shall also specify in 179. * Sée ş 11. said returns the purposes to which the money received by their town or Sce Ch. 36, $ 3.

See Ch. 38, $ 20. city from the income of the school fund has been appropriated.

SECT. 6. The school committee shall annually make a detailed report Committees' reof the condition of the several public schools, which report shall con- pent; there come tain such statements and suggestions in relation to the schools as the posited ; to be committee deem necessary or proper to promote the interests thereof. Printeds

. The committee shall cause said report to be printed for the use of the 1816, 223, § 4. inhabitants, in octavo, pamphlet form, of the size of the annual reports See Ch. 36, 53. of the board of education, and transmit two copies thereof to the secretary of said board, on or before the last day of April, and deposit one copy in the office of the clerk of the city or town.

Sect. 7. When a school committee fails within the prescribed time when report is to make either the returns or report required of them by law, the net made. secretary of the board of education shall forthwith notify such com- See Ch. 38, $ 20. mittee, or the clerk of the city or town, of such failure; and the committee or clerk shall immediately cause the same to be transmitted to the secretary:

SECT. 8. If a report or return is found to be informal or incorrect, When informal, the secretary shall forthwith return the same, with a statement of all de deficiencies therein, to the committee for its further action.

See Ch. 38, $ 20. Sect. 9. The returns or reports of a city or town so returned by the Penalty for nego secretary for correction, or which have not reached his office within the lect or informal, time prescribed by law, shall be received by him if returned during the 1865, 93, $3. month of May; but in all such cases ten per cent. shall be deducted 1859, 238. from the income of the school fund which such city or town would have been otherwise entitled to. If such returns or reports fail to reach his office before the first day of June, then the whole of such city or town's share of the income shall be retained by the treasurer of the commonwealth, and the amount so retained, as well as the ten per cent. when deducted, shall be added to the principal of the school fund. And such city or town shall in addition thereto forfeit not less than one hundred nor more than two hundred dollars : provided, however, if said returns and reports were duly mailed in season to reach said office within the time required by law, then the city or town from which said returns or reports are due shall be exempt from the forfeiture, otherwise incurred.

SECT. 10. The clerk of each city and town shall deliver one copy of Reports, &c., of the reports of the board of education and its secretary to the secretary tion, how reof the school committee of the city or town, to be by him preserved ceived, deliverfor the use of the committee, and transmitted to his successor in office; purpose. and two additional copies of said reports, for the use of said committee; Intwbom propand shall also deliver one copy of said reports to the clerk of each 1819, 65, $ 2. school district, to be by him deposited in the school district library, or, if there is no such library, carefully kept for the use of the prudential committee, teachers, and inhabitants, of the district, during his continuance in office, and then transmitted to his successor; and in case the city or town shall not be districted, said reports shall be delivered to the school committee, and so deposited by them as to be accessible to the several teachers and to the citizens; and such reports shall be deemed to be the property of the town or city, and not of any officer, teacher, or citizen, thereof.

Sect. 11. When the school committee of a city or town is not less Who to sign rethan thirteen in number, the chairman and secretary thereof may, in be- ports: half of the committee, sign the annual school returns and the certificate required by sections four and five.

Penalty on comSect. 12. A city or town which has forfeited any part of its portion mittee for neg

1855, 244,

&c.

lect in returns, of the income of the school fund through the failure of the school

committee to perform their duties in regard to the school report and 1817, 183, $ 2. 1848, 173. school returns, may withhold the compensation of the committee. Registers, how SECT. 13. The several school teachers shall faithfully keep the regis. kept. eachers ters furnished to them, and make due return thereof to the school comnot to draw pay until return of mittee, or such person as they may designate, and no teacher shall be register. 1819, 209.

entitled to receive payment for services until the register, properly filled up and completed, shall be so returned.

CHAPTER 41.

OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS.

SECTION

SECTION 1. Children to be sent to school by parents, 6. Wards may attend where guardian resides.

&c. Penalty for neglect. Excuses for neg- 7. Children may attend in other towns than lect.

place of parents' residence, and parents 2. Truant officers and school committee to in- pay, &c. quire and report.

8. Children not to attend unless vaccinated. 3. All children may attend where they reside. 9. Race, &c., not to exclude. 4. School committee to regulate admission, 10. Teachers and school committee to state &c., to high school.

grounds of exclusion. 6. Children may attend in adjoining town, and 11. Damages for exclusion, how recovered. committee pay for instruction.

12. Interrogatories to committee, &c.

Children to be sent to school by parents, &c.

2, 4.
1855, 309.

Section 1. Every person having under his control a child between the

ages of eight and fourteen years, shall annually during the contin. Penalty for neg- uance of his control send such child to some public school in the city or for neglect.

town in which he resides, at least twelve weeks, if the public schools of 1852, 210, $$ 1,

such city or town so long continue, six weeks of which time shall be consecutive; and for every neglect of such duty the party offending shall forfeit to the use of such city or town a sum not exceeding twenty dollars: but if it appears upon the inquiry of the truant officers or school committee of any city or town, or upon the trial of any prosecntion, that the party so neglecting was not able, by reason of poverty, to send such child to school, or to furnish him with the means of education, or that such child has been otherwise furnished with the means of education for a like period of time, or has already acquired the branches of learning taught in the public schools, or that his bodily or mental condition has been such as to prevent his attendance at school or application to study for the period required, the penalty before mentioned shall

not be incurred. Truant officers SECT. 2. The truant officers and the school committees of the several and school com- cities and towns shall inquire into all cases of neglect of the duty pre

scribed in the preceding section; and ascertain from the persons neg, 1852, 210, $3.

lecting, the reasons if any therefor; and shall forth with give notice of all violations, with the reasons, to the treasurer of the city or town; and if such treasurer wilfully neglects or refuses to prosecute any person liable to the penalty provided for in the preceding section, he shall forfeit the sum of twenty dollars.

Sect. 3. All children within the commonwealth may attend the pubtend where they lic schools in the place in which they have their legal residence, subject 1819, 117, $ 4. to the regulations prescribed by law.

SECT. 4. The school committee shall determine the number and how regulated. qualifications of the scholars to be admitted into the school kept for the R. S. 23, § 15. use of the whole town. Children may

SECT. 5. Children living remote from any public school in the town attend in ad

in which they reside, may be allowed to attend the public schools in an

and report.

1855, 309. 1859, 188.

Children to at

Admission to

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