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aries of Dis.

Sec. 164. No alteration shall be made in the boundaries How boundof any School District, having a Union School, without the trict altered written consent of a majority of the District Board of such District.

as resident who merely enter the District for the purpose of attending the School, while their parents or legal guardians continue to reside elsewhere. Merely boarding in the District while attending School, or hiring to work for some one within the District and to attend School, cannot constitute any scholar a resident. See State Constitution, Art. 7, Sec. 5.

4. The powers expressed in the last clause of this section were probably designed to be granted to District Boards having charge of a Union School; but as no definition of a Union School is given, they may, without violence, be interpreted as belonging to any common District which may find occasion to have their School taught in two or more departments; this constituting, in the ordinary acceptation of the term, a Union School.

5. The authority to prescribe the text books to be used in the District Schools, which, by the nature and necessity of the case, vests in the District Board, as has been decided in the State of New York, is by this section given expressly to the Board. The custom of allowing each parent or pupil to decide what books the pupil shall use, is the source of endless confusion and greatly hinders the progress of the Schools. The wishes of the Teacher, especially if he is employed permanently or for a protracted term, should be carefully consulted, as the text books are his tools for work, and a man will usually work best with tools of his own choice; but the policy of allowing every Teacher who comes to tarry for three months, to introduce some new book, is of doubtful expediency. The great diversity of text books, found frequently in the District School, is one of the most serious evils in our system of instruction. District Boards should carefully adopt

Districts

having

dre chiid.

Sec. 165. Any School District having more than three three hun hundred children, between the ages of four and eighteen ren between years, residing in such District, shall have power and au thority to borrow money to pay for a site for a Union years, may School-house, to erect buildings thereon, and to furnish borrow mo the same, by a vote of two-thirds of the qualified voters of

four and

eighteen

ney.

Limitation of amount.

How money deposited

may be

him.

said District present at any annual meeting, and by a like vote at any other regular meeting: Provided, That the times of holding such meetings shall not be less than five days, nor more than six months apart, and that the whole debt of any such District, at any one time, for money thus borrowed, shall not exceed fifteen thousand dollars.

Sec. 166. The Circuit Judge, Judge of Probate, or Cirwith county cuit Court Commissioner of any county where any money treasurer has been deposited with the County Treasurer of such drawn from county, as hereinbefore provided, shall upon the written application of any person or persons entitled to such mo ney, and upon receiving satisfactory evidence of the right of such applicant to the money thus deposited, make an or der, directing the County Treasurer to pay the money thus deposited with him to said applicant; and it shall be the duty of such County Treasurer, on the presentation of such order, with the receipt of the person named therein endorsed on said order, and duly acknowledged, in the same manner as conveyances of real estate are required to be acknowledged, to pay the same; and such order, with the receipt of the applicant or person in whose favor the same shall be drawn, shall, in all courts and places, be presumptive evidence in favor of such County Treasurer, to exonerate him from all liability to any person or persons for said money thus paid him.

Compensa. tion of offi.

Sec. 167. Circuit Judges, Circuit Court Commissioners, cers and ju. and Justices of the Peace, for any services rendered under rors on pro the provisions of this act, shall be entitled to the same obtain site fees and compensation as for similar services in other spe house. cial proceedings; Jurors, Constables and Sheriffs, shall be

ceeding to

for School.

some set of text books, and changes in this set should be rarely made, and only on the most mature deliberation. As it is desirable that the uniformity of text books should ex tend as far as possible through neighboring Schools, the law has made it the duty of the Superintendent of Public Instruction to select and publish a list of Text Books. Such a list will be found at the close of this volume.

entitled to the same fees as for like services in civil cases in the Circuit Court.

or justice

an

Sec. 168. In case any Circuit Judge, Circuit Court Com- When judge missioner, or Justice of the Peace, who shall issue a sum- unable to mons or venire for a jury, shall be unable to attend to any attend, an of the subsequent proceedings in such case, any other Cir- finish procuit Court Commissioner or Justice of the Peace, may at- ceedings. tend and finish said proceedings.

be issued

Sec. 169. Whenever any School District shall have voted Bonds may to borrow any sum of money, the District Board of such for money District is hereby authorized to issue the bonds of such loaned. District in such form, and executed in such manner by the Moderator and Director of such District, and in such sums, not less than fifty dollars, as such District Board shall direct, and with such rate of interest,'not exceeding ten per Interest centum per annum, and payable at such time or times as the said District shall have directed.

thereon.

raise tax to

Sec. 170. Whenever any money shall have been borrow- District may ed by any School District, the taxable inhabitants of such pay loan. District are hereby authorized, at any regular meeting of such District, to impose a tax on the taxable property in such District for the purpose of paying the principal thus borrowed, or any part thereof, and the interest thereon, to be levied and collected as other School District taxes are collected.

School Inspectors-(See Section 68.) The office of School Inspectors was not created by that chapter of the Statutes known as "The Primary School Law." It will be found as follows:

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*

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"There shall be elected annually on the first Monday of April, in each organized township, one Township Clerk, who shall be ex-officio School Inspector," and one School Inspector. [Article 11, Section 1 of the Constitution.]

* * *

one

"The annual meeting of each township shall be held on the first Monday of April, in each year; and at such meeting there shall be an election [by ballot] for School Inspector." [Compiled Laws, Chap. 12, Sec. 8.] "Each School Inspector elected as aforesaid, shall hold his office for two years, and until his successor shall be

elected and qualified, except when elected to fill a vacancy; in which case he shall hold during the unexpired portion of the regular term: Provided, That where there shall have been no previous election for School Inspectors in any township, there shall be two such Inspectors elected, one for one year, and one for two years, who shall severally hold their office accordingly." [Compiled Laws, Chap. 12, Sec. 13.]

Sec. 95, Chap. 12, of the Compiled Laws, establishes the compensation of Inspectors at one dollar per day.

SCHOOL DISTRICT LIBRARIES.

[Act Approved February 15, 1859.]

how

Sec. 1. At the annual town meetings to be held in District EApril next, the legal voters voting in the respective town-ortablished. ships of the State, shall determine by ballot for the continuance of the Township Library, or for the establishment of District Libraries in the place thereof. A separate box shall be kept for their votes, and the ballots shall have written or printed thereon, "Township Library," or "District Libraries." If a majority of the ballots so cast in any Township shall have "Township Library" thereon, the Library shall remain as before; but if the majority of the ballots shall have "District Libraries" thereon, then the Township Inspectors at their next meeting thereafter shall Duty of proceed to divide the Township Library equitably among inspectors. the Districts and parts of Districts in such township, in

Section 1. 1. The books apportioned to a fractional District are to be kept as a District Library for that District. They can not be put into the Township Library of any other township in which such fractional District may be partly situated, but must be retained as a District Library for the use of the District.

2. The fractional District having a District Library, still retains its right to draw quarterly its proportion of books from the Township Library of any township to which such District may in part belong, and which may still possess a Township Library. The portion of the District lying in any township having a Township Library, is still liable to be taxed for the support of such Library, and of course, has a claim to use the books. The law (section 82,) which provides that fractional Districts shall have access to but one township Library at the same time, cannot be construed to prohibit the fractional District possessed of a

township

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