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Any person refusing to account or to deliver over any accounts, papers, or monies to his successor in office, shall also be liable to a suit therefor to be brought by such successor.
APPEALS AND LEGAL PROCEEDINGS.
Sec. 65. Any person conceiving himself aggrieved in consequence of any decision or doings of any School Committee, district meeting, trustees, county inspector, or in any other matter arising under this act, may appeal to the Commissioner of Public Schools, who is hereby authorized and required to examine and decide the same without cost to the parties ; and his decision shall be final : Provided, that the Commissioner may, (and if requested on the hearing by either party, shall) lay a statement of the facts of the case before some one of the Judges of the Supreme Court, whose approval of such decision shall then be final. And the Commissioner may prescribe from time to time rules regulating the time and manner of making such appeals, and to prevent their being made for trifling and frivolous pretences. And any persons having any matter of dispute between them arising under this act, may agree in writing to submit the same to the adjudication of said Commissioner, and his decision therein shall be final.
Sec. 66. If no appeal be taken from a vote of a district relating to the ordering of a tax or rate bill, or from the proceedings of the officers of the district in assessing the same; or if on appeal, such proceedings are confirmed, the same shall not again be questioned before any Court of law or magistrate whatever: Provided, that this shall not be construed to dispense with legal notice of the meeting, or with the votes or proceedings being approved by the School Committee or Commissioner, whenever the same is required
SEC. 67. In any civil suit before any Court, against any school officer, for
any matter which might by this act have been heard and decided by the Commissioner of Public Schools, no cost shall be taxed for the plaintiff, if the Court are of opinion that such officer acted in good faith.
SEC. 68. Any inhabitant of a district, or person liable to pay taxes therein, may be allowed by any Court to answer a suit brought against the district, on giving security for costs, in such manner as the Court may
direct. SEC. 69. The school house lot with the school house and appendages shall be exempt from attachment or sale on execution in any suit against the district. When judgment has been or shall be recovered in any Court of record against any school district, the Court rendering judgment shall order a warrant to be issued, (if no appeal be taken) to the assessors of taxes of the town, (or in case of a joint district, composed of parts of towns, then to one or more of the assessors of each town, with or without designating them,) in which such district is situated, requiring them to assess upon the ratable property in said district a tax sufficient to pay the debt or damages, costs, interest and a sum in the discretion of the Court sufficient to defray the expenses of assessment and collection. Said assessors shall, without a new engagement, proceed to assess the same, giving notice as in case of other district taxes. Said warrant shall also contain a direction to the collector of the town, (or in case of a joint district, then to the collector of either town the Court may direct,) requiring him to collect said tax; and said warrant with the assessment annexed thereto shall be a sufficient authority for the collector, without a special engagement, to proceed and collect the same, with the same power as in case of a town tax; and when collected, he shall pay over the same to the parties to whom it may belong, and the surplus, if any, to the district. And the Court may require a bond of the collector in their discretion.
SEC. 70. When any writ, summons or other process shall issue against any school district in any civil suit, the same may be served on the Treasurer or Clerk, and if there are no such officers to be found, the officer charged with the same may post up a certified copy thereof on the door of the school house, and if there is no school house, then in some most public place in the district, and the same when proved to the satisfaction of the Court, shall constitute a sufficient service thereof.
Sec. 71. Inhabitants of school districts, or persons paying taxes therein, shall be competent witnesses in all civil and criminal cases, notwithstanding such interest, if not otherwise disqualified.
Sec. 72. The record of a Clerk of a district, that a meeting has
been duly or legally notified, shall be prima facie evidence that it has been notified as the law requires. The Clerk shall procure, at the expense of the district, a suitable bound book for keeping the record therein.
DEAF AND DUMB.
SEC. 73. The sum of two thousand five hundred dollars is hereby annually appropriated for the education of the indigent deaf mutes, indigent blind, and indigent idiots of this State.
Said sum shall be paid out of the General Treasury to the order of the Commissioner of Public Schools, who shall have full authority to determine which of said persons in this State shall be admitted to the benefit thereof, and the portion which each shall receive, and the nstitutions at which the benefiaciries of this State shall be educated: Provided, that no one person shall receive any portion thereof for more than five years, nor a greater sum in any one year than one hundred dollars.
INDIAN SCHOOL. Sec. 74. The General Treasurer shall pay to the Treasurer of the town of Charlestown the sum of one hundred dollars annually, to be expended under the direction of some person or persons to be annually appointed by the Governor, in support of a school for the members of the Narragansett tribe of Indians, and for the purchase of books, and other incidental expenses thereof; and an account of the expenditure of said money and of the condition of the school shall be transmitted to the Commissioner of Public Schools on or before the first Tuesday of May annually; and in the apportionment of the public money by the Commissioner and by the School Committee of Charlestown, the Narragansett Indians shall not be included. But no person shall be employed to keep said school, either as principal or assistant, unless he has received a certificate from the School Committee of Charlestown, or some competent authority, in the same manner as is required for other public schools.
VOLUNTARY INCORPORATIONS FOR LIBRARIES, &c. Sec. 75. Whenever any persons, to the number of three or more, shall hereafter associate together for the purpose of procuring and maintaining a library, or procuring or supporting an academy or school, they shall upon complying with the following provisions,
become a body corporate for that purpose, by such name as they may designate, and subject to such regulations, conditions and constitution as they may have adopted. And they may hold, control and convey real and personal estate, to an amount not exceeding five thousand dollars, exclusive of their building and the lot on which it may stand, and of their books, maps, pictures and library furniture.
Sec. 76. In case of any association of any number of members heretofore formed for the purpose of maintaining a library, and not incorporated, any three of the members may call a meeting and appoint a time and place therefor, giving to all the known members resident in this State, five days notice thereof, to be served as an original summons is required to be served, by some sheriff, deputy sheriff, constable or some disinterested person, who shall make oath thereto : and at the meeting so held, a majority of the persons present entitled to vote, may organize said association as a corporation under this act.
Sec. 77. The library corporations formed under this act shall have the power to make assessments on shares and regulate by bylaw the manner of selling them, on failure of payment: and all transfers of the shares shall be recorded in the books of the corporation.
Sec. 78. All corporations organized under the seventy-fifth and seventy-sixth sections of this act, may elect such officers and for such time as they may deem proper, may regulate by by-laws the manner of calling annual and other meetings, may require their officers to give bonds, determine the manner of voting and how many shall constitute a quorum, and generally may make all necessary by-laws not inconsistent with law or their Constitution, and may prescribe suitable penalties for the violation of them, which, if in money, shall not exceed twenty dollars, and may be collected by action of debt, in the name of the corporation. All officers shall continue in office until their successors are appointed, and vacancies may be filled at any meeting, or in such manner as the corporation may direct. If no mode is provided for calling annual or other meetings, the Clerk or Secretary shall call a meeting on the request of any three members, by posting up a notice thereof five days, in some public place upon the library building, academy or school house, and a majority of votes, either in person or by proxy, shall constitute a quorum, unless otherwise provided by the corporation.
SEC. 79. To entitle any association to the benefit of the foregoing provisions, the Constitution or articles of association and all alterations thereof, shall be recorded in the books of land evidence of the town where the library, academy or school house is situated. Any such corporation shall not be dissolved by any reduction of the number of its members.
CONSTRUCTION AND REPEAL. Sec. 80. In the construction of this act, the word town shall include the city of Providence only so far as to entitle said city to a distributive share of the public money, upon making a report to the Commissioner in the same manner as the School Committee of other towns are required to do. The public schools in said city shall continue as heretofore to be governed according to such ordinances and regulations as the proper city authorities may from time to time adopt.
SEC. 81. All general acts and resolutions heretofore passed, relating to public schools, all acts relating to the education of the deaf, dumb, blind or idiots, and all acts authorizing particular towns and districts to build school houses and perform other duties now in this act provided for, (excepting local acts and resolutions relating to the schools in Newport and Providence) are hereby repealed. But all parts of said acts which remain in substance the same as before this revisal, shall be considered as having remained in force from their first enactment; and all rights vested in any persons by virtue of any act hereby repealed, shall remain unimpaired by this act; and all matters commenced by virtue of any act hereby repealed, now depending and unfinished, may be prosecuted and pursued to final effect, in the same manner as if this act had not been passed. And no new provision in this act shall affect any action or suit now pending, or judgment rendered.