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the punishment is clearly excessive, and would be held so in the general judgment of reasonable men. If the punishment be thus clearly excessive, then the master should be held liable for such excess, though he acted from good motives in inflicting the punishment, and in his own judgment considered it necessary, and not excessive. But if there is any reasonable doubt whether the punishment was excessive, the master should have the benefit of the doubt."

I think, therefore, the following may safely be adopted as the rule: That while the master, to a certain extent, and for certain purposes, stands in loco parentis, and has, for sufficient cause, the right to inflict reasonable corporal punisment, while the pupil is under his charge, he must exercise a reasonable judgment and sound discretion in determining when to punish and to what extent; but the punishment must not be excessive or cruel, nor inflicted for the purpose of gratifying private malice or his own evil passions.

Punishments may be severe, yet entirely reasonable; and on the other hand, even moderate punishments may under certain circumstances, be unreasonable; but excessive and cruel punishments are not only unreasonable, but unlawful, and for their infliction the master may be held criminally responsible.

Whether the punishment inflicted is excessive or cruel, is a question of fact to be determined in each particular case that may arise.

In the case now under consideration, if I could find from the evidence that the injuries upon Hoban were caused by the accused, in the manner and under the circumstances detailed by the boy himself, I should have no hesitation in saying that the punishment inflicted was excessive and cruel, and that the master had made himself criminally liable.

But what are the facts as established by the testimony?

On the 21st of July last, and during the regular school hours, Mr. Lewis, as a punishment for some supposed misdemeanor on the part of young Hoban, directed him to take his book and go to the recitation-room. The order was reluctantly obeyed. At the closing of the school, but before the pupils had retired, he came out of the room without permission, and was immediately ordered back by the teacher. The order was several times repeated, and Hoban repeatedly refused to obey. Seizing two or three brushes, which were lying near by with oaths and language most foul, and threats of violence if the teacher approached him, he dared him to come on, and all this in the

presence of a large number of the scholars. Hoban is a boy of fourteen years of age, of fair size for his years, and, as it would seem, possessed of more than ordinary strength. It is clear, under all the circumstances, there was but one course for the teacher to pursue. He must vindicate his authority. It was necessary for the good of the school, as well as of the boy himself, that he should learn obedience and submission to that authority. For the milder offense, a mild punishment had been inflicted by sending him to the recitationroom to study by himself. For the more serious offenses, the insults to the teacher, the refusal to obey a proper command, the vulgar and profane language, the threats to kill the teacher if he should attempt to whip him, it was manifestly fitting and proper that he should receive a severer punishment. Mr. Lewis now approached the boy, who endeavored to strike him with the brushes. A struggle ensued, in which the teacher, notwithstanding the violent resistance of the pupil, succeeded in pushing him into the recitation-room; but, I do not find that he used more force than was necessary to accomplish this object.

It was during this struggle that the boy received the injuries about the head and face, though I have no reason to believe that they were the result of blows inflicted directly by the accused. However this may be, the teacher was in the performance of his duty, the boy was making unlawful resistance; and I apprehend the law to be, that if the pupil receives an injury while making unlawful resistance to the master, who is using no more force than is necessary to enforce obedience to a lawful command, or to accomplish a lawful purpose, the injury thus received is not the punishment for the excess or cruelty of which the master may be held criminally liable.

The boy testifies that he was struck on the head with the butt-end of a horse-whip. The fact is, no such instrument was used. He swears, too, that he was knocked down, and afterwards lifted by his feet, and his head thrown against the iron support of a chair. This story is not only improbable, but its falsity is abundantly established by the testimony of other witnesses, teachers as well as pupils. He states, that he made use of no improper language. On the contrary, it appears that he was exceedingly profane and indecent in his remarks; and on the other material points he is so clearly in error, that I am compelled to take his whole statement with much allowance. The boy was whipped by Mr. Lewis after getting him into the

recitation-room, but I do not find that the whipping was either cruel or excessive, and though severe, taking into consideration all the circumstances under which it was inflicted, it was not in my judgment unreasonable, but entirely justifiable. The accused is therefore discharged.—American Educational Monthly.

QUESTIONS FOR WRITTEN EXAMINATIONS.

ARITHMETIC.

1. Multiply 801.0101 by 70.09, subtract from the product 55990.900099, add to the remainder 506.015, divide the sum by .08, call the quotient pounds of beef and find its value at $20. per bbl. Ans. $822.391.

Reduce six-elevenths of an acre to lower denominations.

2.

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4.

A note for $800.50, dated Jan. 10th, 1860, and payable in 90 days, was discounted at a bank March 1st, 1860. When was it due, and what sum was received on it, money being worth 6 per cent. ?

Ans. Due April 12th. Sum received, $794.196. 5. I paid for goods $800. cash, and after keeping them seven months sold them at an advance of 25 per cent. of their first cost. What was my gain per cent ?

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6. I sent my agent $1626. to invest in cotton at 83 cents a lb., first deducting his commission of 19 per cent. on the purchase money. Required the number of bales purchased, each weighing 600 lbs.

Ans. 32.

7. For what sum must a note payable in 5 months be written, that when discounted at a bank money enough may be received to purchase a house-lot 8 rds. long, 115 ft. 6 in. wide and worth at the rate of $5000. per acre?

Ans. $1795.7927.

8. I purchased goods at 163 per cent. less than their real worth and sold them at 8 p. c. less than their real worth. What was my gain per cent. ? Ans. 10.

9. A certain window contains 15 panes of glass. The distance between the opposite corners of each pane is 5 inches more than the length of the pane. Required the number of square feet of glass in the window, each pane being 15 inches wide. Ans. 314 sq. ft.

10. Divide $2,610. among A, B, C and D, so that when A receives $5.00, B shall receive $33, and C shall receive three-fifths of a dollar as often as A receives two-thirds of a dollar, and D shall receive $14 as often as B receives $25.

Ans. A, $900.; B, $600.; C, $810.; D, $300.

MENTAL ARITHMETIC.

1. If from 8 times the third of a number there be taken 55 more than twice the number, the number minus 40 will still remain. Required the number.

Ans. 36.

2. What number is that to which if 3 times itself be added, and from the sum there be subtracted 10 times the fourth of the number, and the remainder be multiplied by five-sixths and 13 be added to the product, the sum will be 12 more than four-ninths the number?

Ans. 9.

3. If I sell my pencils at 4 cents each I would lose $1.17; and if at 64 cents apiece I would gain $1.17. How many pencils have I?

Ans. 104.

4. A girl bought some needles at 20 for 3 cents, and as many more at 800 for a dollar. She sold them at 8 for a cent, and found she had lost 6 cents. How many had she?

Ans. 500.

5. A person being asked the time of day, answered that if to the time past midnight be added its , one-sixth, 4, and five-twelfths, the sum will be equal to 1 times the time to noon. Required the time. Ans. 4 o'clock, a. M.

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each invest?

Ans. A had $187.17; B had $154.14.

7. A and B invest equal sums in trade. A loses a sum equal to 63 per cent. of his stock, when his money is seven-ninths of B's. B gains $97.37. What did Ans. $486.875. 8. If a merchant sells his goods for the cost of the entire lot, what doss he gain per cent.? Ans. 33. 9. I bought goods for 88 and eight-ninths per cent. of their real worth and sold them for 10 per cent. less than their real worth. What was my gain per cent. ? Ans. 14.

10. A boy being asked the time of day, answered, that nine-tenths of the time past noon is equal to three-fifths of one-half the time to midnight. What was the hour? Ans. 3 o'clock, P. M.

GRAMMAR.

1. Write three proper nouns, five abstract nouns, five collective nouns, five verbal nouns and two diminutive nouns.

2. Write nouns opposed in gender to― lady, administrator, niece, belle, sultan, marquis, madam, testator, bride, lad.

3. Compare-humble, ceaseless, polite, eternal, ripe, omnipotent, discreet, rectangular, robust, fortieth.

4. Analyze the following sentence: Teachers can trust those pupils who are always truthful.

5. In two different propositions use the same word as an adjective and as a noun. 6. Write the plurals of-tooth, cupful, court-yard, woman-servant, calico, alley, hoof, sister-in-law, theory, stimulus.

7. Write the possessive singular and plural of ― alderman, father-in-law, mistress, needle, body.

8. Write a sentence containing a substantive clause and analyze it.

9. Parse the italic words in the following: Behold thy ways, think not to escape justice.

10. Correct the following sentences that are incorrect: (a.) He had no right to have done that. (b.) He ought not to have done it. (c.) We expected to have finished the task. (d.) These sort of things are easily managed. (e.) Each of you are entitled to your share. (f.) The nations who have wise rulers are happy. (g.) It is me. (h.) Whom do you think he is? (.) Virtue, and not riches, constitute the happiness of a nation. (j) The majority was disposed to adopt the

measure.

WORDS FOR SPELLING.

1. Cataract, mantelpiece, simmering, schedule, skeptic, despicable, imminent, allegiance, armfuls, portentious, sonorous, italic, prattler, pleasurable, metallic, privilege, statutes, irresistible, inseparably, haggard, vicissitude, detestable, massacre, emaciated, transient, orisons, meanders, superannuated, trimmed, embezzled, supernumerary, caravansary, misspelled, admitted, limited, daisies, nebulæ, lodgment, tyros, zeros, echoes, volcanoes, macerate, tocsin, talon, valise, banish, clannish, ineligible, fricassee.-50.

2. Committing, grottos, inflammation, hymeneal, hymning, diarrhoetic, witticism, pallid, ripple, panel, docile, abridgment, verdigris, indelible, trollop, wassail, millenary (1000 years,) milinery, annalize, stalwart, caoutchouc, pentateuch, phylactery, guaiacum, pleurisy, pupilary, gamut, callus (n.), buddhism, psoas, defamatory, callous (adj.), ptolemaic, sibylline, varioloid, tridactylous, treillage, paraphernalia, nugget, nescience, harangue, gossamer, dulcimer, indigenous, epiphysis, colonnade, bronchitis, æneid, abstruse, accelerate.-50.

EDUCATIONAL INTELLIGENCE.

SUPERINTENDENT'S QUARTERLY REPORT.

OFFICE OF THE SUPERINTENDENT, PROVIDENCE, Nov. 24, 1865.

To the School Committee of the City of Providence :

GENTLEMEN : - Among the numerous and everchanging duties of the Superintendent, there is no one more difficult to perform than that of reporting, each term, on the character and condition of our schools. Under a system so long tried and perfected by the large experience and observation of the devoted friends of education, but little remains to be done in our schools but to carry out vigorously, in all their details, what has been so wisely planned. Imperfections are incident to all human systems, and are to be remedied as they become apparent.

It must be evident to all, that the continued efficiency and prosperity of our schools will ever depend upon the tone of public sentiment in regard to the public value of education. In a community where there is an indifference or an apathy in reference to the great cause of public education, it will be impossible under any system, or by any efforts, however wisely directed, to advance schools to a very high standard of excellence. The vigor and life of every school must come from the

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