3. To form, alter, and discontinue school districts, and to settle the boundaries between them when undefined or in dispute, subject to the direction or concurrence of the town, or the Commissioner of Public Schools.

¶ 4. To locate all school-houses, and not to abandon or change the site of any without good cause.

5. To examine by the whole board, or a sub-committee appointed for that purpose, all candidates as teachers in the public schools of the town, and give to such as may be found qualified, in respect to moral character, literary attainments, and ability to govern and instruct children, a certificate signed by the chairman, which shall be valid for one year, or until annulled.

¶ 6. To annul the certificates of such teachers as shall prove, on trial, unqualified, or who will not conform to the regulations adopted by the committee.

7. To visit, by one or more of their number, every public school in town, at least twice during each term of schooling, once within two weeks after the opening, and again within two weeks preceding the close of the school, at which visits, they shall examine the register of the teacher, and other matters touching the school-house, library, studies, discipline, modes of teaching, and the improvement of the schools.

8. To suspend during pleasure, or expel during the current school year, all pupils found guilty, on full hearing, of incorrigibly bad conduct, and re-admit the same, on satisfactory evidence of amendment.

9. To prescribe, and cause to be put up in each school-house, or furnished to each teacher, a general system of rules and regulations, for the admission and attendance of pupils, the classification, studies, books, discipline and methods of instruction, in the public schools.

10. To fill any vacancy in their own committee, or in the trustees of school districts, occasioned by death, resignation, or otherwise, by an appointment, to continue till the next succeeding annual election, and no longer, at which time such vacancies shall be filled by the town or district respectively.

11. To apportion, as early as practicable in each year, among the several school districts, in case the public schools are maintained through their organization, the money received from the State, one half equally, and the other half according to the average daily attendance in the public schools of each district, during the year next preceding, which money shall be designated as "teachers' money," and shall be applied to the wages of teachers, and for no other purpose whatever; and further to apportion any other money, either raised by tax over the sum received from the State, or derived from the registry tax or funds, grants, or other sources of revenue appropriated to public schools, in such manner as the town may determine.

12. To draw an order on the treasurer of the town in favor of such districts, and such districts only, as shall have made a return to them in matter and form required by said committee, or by the Commissioner of Public Schools, from which it shall appear, among other things, that for the year ending the 1st of May previous, one or more public schools had been kept for at least four months by a teacher properly qualified, and in a school-house approved by the committee, and that the money designated

"teachers' money," received from the treasurer of the town for the year previous, had been applied to the wages of teachers, and for no other purpose whatever.

13. To prepare and submit annually, First, a return to the Commissioner of Public Schools, on or before the 1st of July, in matter and form as shall be prescribed by him; and Second, a written or printed report to the town, at the annual town meeting when the school committee is chosen, setting forth the doings of the committee, and the condition and plans for the improvement of the public schools of their respective towns; which report, unless printed, shall be read in open town meeting.

SEC. VI. Whenever a town is not divided into school districts, or shall vote in a meeting duly warned for that purpose, to provide public schools of different grades without reference to such division, the school committee of said town shall perform all the duties devolved by this act on the trustees of school districts, and pay all necessary expenses of the system, by drafts on the treasurer of the town.

SEC. VII. Any town may establish and maintain a public school library for the use of the inhabitants generally of the town, and such library may be kept together at some convenient place, or be distributed into several parts, and transferred from time to time for the convenience of different districts or neighborhoods, under such rules and regulations as the town may adopt.

SEC. VIII. The town clerk of every town shall keep a record of all votes and proceedings of the town relating to public schools, in a book provided for that purpose; shall receive and keep all school reports and documents addressed to the town, and receive such communications as may be forwarded by the Commissioner of Public Schools, and dispose of the same in the manner directed by him.

SEC. IX. The treasurer of each town respectively shall apply to the General Treasurer, and receive all monies to which the town may be entitled under the apportionment and order of the Commissioner of Public Schools; shall keep a separate account of all monies thus received, or appropriated by the town; shall give notice to the school committee, within one week after the regular annual town meeting, of the amount of monies remaining in his hand, at the time, or subject to the order of said committee, specifying the sources from whence derived; and shall pay out said money from time to time, to the orders of the school committee, signed by the chairman.

III. SCHOOL DISTRICTS. Section X-XIX.

SEC. X. Every regularly constituted school district shall be numbered, and its limits defined by the town, or the school committee of the town, which number and limits, and any alteration thereof, shall be entered on the records of the clerk of the town, and the records of the district.

SEC. XI. When any two or more districts shall be consolidated into one, the new district shall own all the corporate property of the several districts; and when a district shall be divided, or a portion set off to another district, the funds, property, or the income and proceeds thereof, belonging to such district, shall be distributed or adjusted among the several parts, by the school committee of the town or towns to which such district belongs, in a just and equitable manner.

SEC. XII. 1. Notice of the time, place, and object of holding the first meeting of any district, shall be given by the committee of the town to which such district belongs.

2. Every school district shall hold an annual meeting in the month of May in each year, for the choice of officers, and the transaction of any other business relating to schools in said district, and shall also hold a special meeting whenever the same shall be duly called.

3. The trustees may call a special meeting whenever they shall think it necessary or proper, and shall call a special meeting on the written request of five residents in the district qualified to vote, which request shall state the object of calling the same.

4. District meetings shall be held at the district school-house. If there be no school-house, the trustees shall determine the place of meeting. If there be no trustees, the committee of the town to which such district belongs, shall determine the place of meeting, which shall, in all cases, be within the limits of the district.

5. Notice of the time and place of every annual meeting, and of the time, place, and object of every special meeting of the district, shall be given at least five days inclusive, previous to holding the same.

6. The trustees, or if there be no trustees, then the committee of the town, shall give the notice of a district meeting, either by publishing the same in a newspaper printed in the district, or by putting the notice on the district school house, or on a sign-post within the district, or in some other mode previously designated by the district; but if there be no such newspaper, school house, or sign-post, or other mode so designated, then the committee of the town to which such district belongs, shall determine how and where the notice shall be given.

¶ 7. Every person residing in the district may vote in district meetings, to the same extent, and with the same restrictions, as he may at the time be qualified to vote in town meeting.

8. Every district meeting may appoint a moderator, and adjourn from time to time.

SEC. XIII. Every school district shall be a body corporate, and shall have power

1. To prosecute and defend in all actions relating to the property and affairs of the district.

2. To purchase, receive, hold and convey any real or personal property for school purposes.

3. To build, purchase, hire and repair school houses, and supply the same with black-boards, maps, furniture, and other necessary and useful appendages; Provided, that the erection and repairs of the district school house shall be made according to plans and specifications approved by the school committee of the town, or the Commissioner of Public Schools. 4. To establish and maintain a school library. 5. To employ one or more teachers.

6. To raise money by tax on the rateable estates of the district, for school purposes; and to fix a rate of tuition to be paid by the parents, employer or guardian of each child attending school, towards the expense of fuel, books, and other estimated expenses of the school, over and above the sum accruing to the district from the state and town appropriations; Provided, that the rate of tuition, for any one term of three months, shall not exceed one dollar per scholar; and provided further, that the amount

of such tax and the rate of tuition, shall be approved and authorized by the school committee of the town.

7. To elect at the annual meeting, by ballot or otherwise, one person, resident in the district, to serve as trustee for the district, and to hold his office for three years; Provided, that the first election after the passage of this act, three persons shall be thus elected, one of whom shall serve one, a second, two, and the third, three years, to be determined by lot among themselves; and provided further, that any new district may choose three trustees as above, at the first meeting called after its formation, and the term of office of the one designated by lot to serve one year, shall expire at the next annual meeting of the school districts.

8. To appoint a clerk, collector and treasurer of the district, who shall exercise the same powers and duties in their respective districts, as the clerk, treasurer and collector of the town, in their respective towns.

SEC. XIV. The trustees of every school district, when qualified to the faithful discharge of the duties of their office, are authorized, and it shall be their duty

1. To have the custody of the school houses and other property of the district.

vided.

2. To give notice of all meetings of the districts in the manner pro

3. To employ at their discretion, one or more qualified teachers, for every fifty scholars in average daily attendance, provide school rooms, and furnish the same with fuel, properly prepared.

4. To visit the schools by one or more of their number, twice at least during each term of schooling.

5. To see that the scholars are properly supplied with books, and in case they are not, and the parents, guardians or masters, have been notified thereof by the teacher, to provide the same at the expense of the district, and add the price thereof to the next school tax or rate bill of said parents.

6. To make out the tax and rate bills for tuition, against the persons liable to pay the same, as shall be voted by the district.

7. To make such returns to the school committee in matter and form, as shall be prescribed by them, or the Commissioner of Public Schools, and perform all other lawful acts that may be required of them by the district, or which may be necessary to carry into full effect the powers and duties of schoool districts.

SEC. XV. 1. Whenever a tax shall be voted by any district, the same shall be levied on the ratable estate in said district, according to the esti mate and apportionment in the tax bill of the town to which such district belongs, last completed, or next to be completed, as said district may direct.

2. Whenever any real estate situated within the district is so assessed and entered in the tax bill of the town, in common with other estate situated out of said district, that there is no distinct or separate value upon it, the trustees of the district may call upon one or more of the assessors of the town, not residing in said district; and it shall be the duty of said assessors on such application, to assess the value of said real estate so situated, and in making such assessment, to proceed as in making the tax bill of the town.

SEC. XVI. If any school district shall neglect or refuse to establish a

school and employ a teacher for the same for nine months, the school committee of the town may establish such school, and employ a teacher, as the trustees of the district might have done; and any school district may, with the consent of the school committee, devolve all the powers and duties relating to public schools in said district, on said committee.

SEC. XVII. Any town, at any legal meeting, may vote to provide school-houses, furnish the same with fixtures and necessary and useful appendages, in all the districts, from time to time, at the common expense of the town.

SEC. XVIII. 1. Any two or more adjoining primary school districts in the same or adjoining towns, may by a concurrent vote, agree to establish a secondary or grammar school, for the older and more advanced children of such districts, under the management of a committee, composed of one member from each of said districts, to be appointed annually for each district, by the school committee of the town, or towns to which such districts belong respectively; and said secondary school committee shall locate the school, provide school house, fuel and furniture, employ teachers, regulate the studies, the terms of admission, the number of pupils to be admitted, the rate of tuition, and have the general control of the school; Provided, that no teacher shall be employed in any secondary school, without exhibiting a certificate of qualification, signed by a school inspector for the county, or the Commissioner of Public Schools.

2. The school committee of the town or towns in which such secondary school shall be established, shall draw an order in favor of the committee of said school, to be paid out of the public money appropriated to each district interested in said secondary school, in proportion to the number of scholars from each.

SEC. XIX. ¶ 1. Whenever it shall be found convenient to form a school district of two or more contiguous districts, or parts of two or more contiguous districts in adjoining towns, such towns respectively concurring therein, may form such district, and alter and discontinue the same.

2. The first meeting of any district composed of parts of two or more towns, shall be called by a notice signed by the school committees of the several towns to which such parts belong, and set up in one or more public places, in each town within the limits of the joint district; and said district may, from time to time thereafter, prescribe the mode of calling and warning the meetings, in like manner as other school districts may do.

3. Every district established by two or more towns, shall have all the powers, and perform all the duties allowed or prescribed in regard to school districts, and shall be subject to the supervision and general management of the school committee of the town in which the school of the joint district may be kept, or the school-house, when erected, may stand.

4. Whenever a joint district shall vote to build or repair a schoolhouse by tax, the amount of such tax, and the plan and specification of such building or repairs shall be approved by the school committee of the towns out of which said district is formed.

SEC. XX. No person shall be employed to teach as principal or assistant, in any school supported in part, or entirely, by public money, unless such person shall exhibit a certificate of qualification, signed either