or incorrigibly bad conduct. This authority they may delegate to the teacher, to be exercised under such circumstances and for such offenses as they may prescribe. The directors may also empower the teacher to inflict the penalty of immediate though temporary suspension, in cases of sudden and violent acts of insubordination or rebellion. But the teacher must consider that the legal authority to inflict these extreme penalties emanates from the directors, and does not vest primarily in him, and that it is therefore his duty to conform his action to the instructions received from the directors, or to the discretion expressly conferred by them. In all cases of temporary suspension, the facts must be reported to the directors, as soon as practicable, for their information and sanction. (Ill. Amended School Laws, 1865, p. 187.) It can scarcely be necessary to remark on the importance of order and system in the schools, not only to enable the pupils to learn any thing, but to give them those habits of regularity so essential in the formation of character. Punctuality of attendance, as well as its steady continuance, should be enforced. Parents should be told how much their children lose, to what inconvenience they expose the teacher, and what disorder they bring upon the whole school, by not insisting upon the scholars being punctually at the school-room at the appointed hour; and, above all, they should be warned of the injurious consequences of allowing their children to be absent from school during the term. By being in

dulged in absence, they lose the connection of their studies, probably fall behind their class, become discouraged, and then seek every pretext to play the truant. The habit of irregularity and insubordination thus acquired will be apt to mark their character through life.

It is the duty of the trustees to cooperate with the teacher in the government of the school, and to aid him, to the extent of their power and influence, in the enforcement of reasonable and proper rules and regulations; but they have no right to dismiss a scholar except for the strongest reasons; for example, such a degree of moral depravity as to render an association. with other scholars dangerous to the latter, or such violent insubordination as to render the maintenance of discipline and order impracticable; in which case they may legally exclude him from the school, until such period as he may consent to submit to the reasonable rules and regulations of the teacher and trustees; and if after such exclusion he persists in attending, without permission from the trustees, and contrary to their directions, he may be proceeded against as a trespasser. A teacher may employ necessary means of correction to maintain order; but he should not dismiss a scholar from school without consultation with the trustees. (Mich. School Laws, 1864, p. 163.)

SEC. 4. The law as to disturbing schools.-Although without any special enactments, no one has any right to willfully interrupt or disturb a school, yet several of the

States have thought it prudent, though perhaps not necessary, to put upon their statutes what they deem to be the law upon this subject, and at the same time to define the fines and penalties that should follow the violation of it. In some of the States it is made a criminal offense to willfully interrupt or disturb any public, private, or select school. (28 Conn. 232.) The Ohio statute says: That, if any person or persons shall hereafter willfully disturb, molest, or interrupt any literary society, school, or society formed for the intellectual improvement of its members, or any other school or society organized under any law of this State, or any school, society, or meeting, formed or convened for improvement in music, letters, or for social amusement, such person or persons so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than five nor more than twenty dollars, with costs of prosecution, and shall stand committed until such fine shall have been paid: Provided such commitment shall not exceed five days; and provided, further, that the judgment for costs shall not be abated until such costs shall have been fully paid. (Laws of 1864.) Every person who shall at any time willfully interrupt or disturb any district school, or any public, private, or select school, while the same is in session, shall pay a fine not exceeding seven dollars, nor less than one dollar, or shall suffer imprisonment in the county jail for not more than thirty days, or shall suffer such fine and imprisonment both, at the discretion of the court. (School

Laws of Conn. 1864.) This special enactment does not render any general law nugatory, but enables the prosecuting officer to reach more readily the cases mentioned in this act. (Id.) The Rhode Island statute reads as follows: Every person who shall be convicted of willfully interrupting or disturbing any town or ward meeting, any assembly of people met for religious worship, or any public or private school, or any meeting lawfully and peaceably held for purposes of literary or scientific improvement, either within or without the place where such meeting or school is held, shall be imprisoned not exceeding one year, or fined not exceeding five hundred dollars. A complaint for this offense may be made to the attorney-general, or any justice of the peace. (School Laws of R. I. 1857, p. 55.) Any person who shall willfully disturb any public school, or any public school meeting, shall be guilty of a misdemeanor, and liable to a fine of not less than ten nor more than one hundred dollars. (Revised School Laws of Cal. 1866, sec. 113.) The following is the language of the NewYork statute: Any person who shall willfully disturb, interrupt, or disquiet any district school in session, or any persons assembled, with the permission of the trus tees of the district, in any district school-house, for the purpose of giving or receiving instruction in any branch of education or learning, or in the science or practice of music, shall forfeit twenty-five dollars, for the benefit of the school district. (N. Y. School Laws, 1866, p. 77.) It shall be the duty of the trustees of

the district, or the teacher of the school, and he shall have power, to enter a complaint against such offender before any justice of the peace of the county, or the mayor, or any alderman, recorder, or other magistrate of the city wherein the offense was committed. The magistrate or other officer before whom the complaint is made shall thereupon by his warrant, directed to any constable or person, cause the person complained of to be arrested and brought before him for trial. If such person, on the charge being stated to him, shall plead guilty, the magistrate shall convict him; and, if he demands a trial by the magistrate, shall summarily try him; and, if he demands a trial by jury, the magistrate shall issue a venire, and impanel a jury for his trial, and he shall be tried in the same manner as in a court of special sessions. (Id. p. 78, sec. 4.) If any person convicted of the said offense do not immediately pay the penalty, with the costs of the prosecution, or give security to the satisfaction of the magistrate for the payment thereof within twenty days, the magistrate or other officer shall commit him to the common jail of the county, there to be imprisoned until the penalty and costs be paid, but not exceeding thirty days. (Id. sec. 5.) The law in Massachusetts is pretty much the same. (General Statutes of Mass. ch. 165, sec. 23.) But, as we before intimated, no statutory law is necessary. The general intendment and spirit of our common law is sufficient to protect our schools from being willfully disturbed, interrupted, or disquieted. The common law