one of them, and transmit a copy to the superintendent of public instruction. Such order, if no time for its taking effect be stated in it, shall take effect immediately. He shall also state what sum, will, in his opinion, be necessary to erect a school-house capable of accommodating the children of the district. Immediately upon the receipt of said order, the trustee or trustees of such district shall call a special meeting of the inhabitants of said district, for the purpose of considering the question of building a schoolhouse therein. Such meeting shall have power to determine the size of said schoolhouse, the material to be used in its erection, and to vote a tax to build the same; but such meeting shall have no power to reduce the estimate made by the commissioner aforesaid by more than twenty-five per centum of such estimate. And where no tax for building such house shall have been voted by such district within thirty days from the time of holding the first meeting to consider the question, then it shall be the duty of the trustee or trustees of such district to contract for the building of a schoolhouse capable of accommodating the children of the district, and to levy a tax to pay for the same, which tax shall not exceed the sum estimated as nec essary by the commissioner aforesaid, and which shall not be less than such estimated sum by more than twenty-five per centum thereof. But such estimated sum may be increased by a vote of the inhabitants at any school meeting subsequently called and held according to law.

5. To examine, under such rules and regulations as have been or may be prescribed by the superintendent of public instruction persons proposing to teach common schools within his district, and not possessing the superintendent's certificate of qualification or a diploma of a state normal school, and to inquire into their moral fitness and capacity, and, if he find them qualified, to grant them certificates of qualification, in the forms which are or may be prescribed by the superintendent. No certificate shall be granted to any person to teach in the public schools of this state, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. No certificate shall be granted to any person under the age of sixteen years.

6. To examine any charge affecting the moral character of any teacher within his district, first giving such teacher reasonable

notice of the charge, and an opportunity to defend himself there. from; and if he find the charge sustained, to annul the teacher's certificate, by whomsoever granted, and to declare him unfit to teach; and if the teacher holds a certificate of the superintendent, or a diploma of a state normal school, to notify the superintendent forthwith of such annulment and declaration.

7. And, generally, to use his utmost influence and most strenuous exertions to promote sound education, elevate the character and qualifications of teachers, improve the means of instruction and advance the interests of the schools under his supervision. (As amended by chap. 512 of 1897.)

14. Every school commissioner shall have power to take affidavits and administer oaths in all matters pertaining to common schools, but without charge or fee; and under the direction of the superintendent of public instruction, to take and report to him the testimony in any case of appeal. When so directed by the superintendent, said commissioner shall have power to issue subpoenas to compel the attendance of witnesses. Service of said subpoenas shall be made a reasonable time before the time therein named for the hearing, by exhibiting the same to the person so served, with the signature of the commissioner attached, and by leaving with such person a copy thereof. The person so served shall be entitled to receive from the person or officer at whose instance he is subpoenaed, at the time of service, the same fees as are provided by law for witnesses in courts of record. Disobedience of such subpoena shall subject the delinquent to a penalty of twenty-five dollars, which shall, unless sufficient excuse is shown, upon the certificate of the commissioner showing such facts, be imposed by the county judge of the county in which such commissioner resides, and shall be paid forthwith to the county treasurer for the benefit of the poor of the county, or, in case such penalty shall not be paid, such delinquent shall stand committed to the county jail of the county for the period of twenty-five days, unless sooner paid.

8 15. The commissioners shall be subject to such rules and regulations as the superintendent of public instruction shall, from time to time, prescribe, and appeals from their acts and decisions may be made to him, as hereinafter provided. They shall, whenever required by the superintendent, report to him as to any particular matter or act, and shall severally make to him annually, to the first day of August in each year, a report in

such form and containing all such particulars as he shall prescribe and call for; and, for that purpose, shall procure the reports of the trustees of the school districts from the town clerks' offices, and, after abstracting the necessary contents thereof, shall arrange and indorse them properly and deposit them, with a copy of his own abstract thereof, in the office of the county clerk, and the clerk shall safely keep them.

§ 16. It shall be the duty of all trustees and boards of education for school districts under the supervision of school commissioners, to grant the use of any school building under their charge for all examinations appointed by the superintendent of public instruction, upon the written request of the commissioner having jurisdiction over the same.

TITLE VI.

School Districts: Formation, Alteration and Dissolution

Thereof.

SECTION I. It shall be the duty of each school commissioner, in respect to the territory within his district:

I. To divide it, so far as practicable, into a convenient number of school districts, and alter the same as herein provided.

2. In conjunction with the commissioner or commissioners of an adjoining school commissioner district or districts, to set off joint districts, composed of adjoining parts of their respective districts and separately to institute proceedings to alter the same in respect to the territory within his own district.

3. To describe and number the school districts, and joint districts, and to deliver, in writing, to the town clerk, the description and number of each district lying in whole or in part in his town, together with all notices, consents and proceedings relating to the formation or alteration thereof, immediately after such formation or alteration. Every joint district shall bear the same number in every school commissioner district of whose territory it is in part composed. (As amended by chap. 233 of 1895, § 1.)

§ 2. With the written consent of the trustees of all the districts to be affected thereby, he may, by order, alter any school district within his jurisdiction, and fix, by said order, a day when the alteration shall take effect.

§ 3. If the trustees of any such district refuse to consent, he

may make and file with the town clerk his order making the alteration, but reciting the refusal, and directing that the order shall not take effect, as to the dissenting district or districts, until a day therein to be named, and not less than three months after the date of such order.

§ 4. Within ten days after making and filing such order he shall give at least a week's notice in writing to one or more of the assenting and dissenting trustees of any district or districts to be affected by the proposed alterations, that at a specified time, and at a named place within the town in which either of the districts to be affected lies, he will hear objections to the alteration. The trustees of any district to be affected by such order may request the supervisor and town clerk of the town or towns, within which such district or districts shall wholly or partly lie, to be associated with the commissioner. At the time and place mentioned in the notice, the commissioner or commissioners, with the supervisors and town clerks, if they shall attend and act, shall hear and decide the matter, and the decision shall be final unless duly appealed from. Such decision must either affirm or vacate the order of the commissioner, and must be filed with and recorded by the town clerk of the town or towns in which the district or districts to be affected shall lie, and a tie vote shall be regarded a decision for the purposes of an appeal on the merits. Upon such appeal the superintendent of public instruction may affirm, modify or vacate the order of the commissioner or the action of the local hoard. (As amended by chap. 223 of 1895, § 2; chap. 264 of 1896, § 3.)

5. The supervisor and town clerk shall be entitled each, to one dollar and fifty cents a day, for each day's service in any such matter, to be levied and paid as a charge upon their

town.

§ 6. Any school commissioner may also, with the written consent of the trustees of all the districts to be affected thereby, dissolve one or more school districts adjoining any union free school district other than one whose limits correspond with any city or incorporated village, and annex the territory of such districts so dissolved to such union free school district. alter the boundaries of any union free school district whose limits do not correspond with those of any city or incorporated village, in like manner as alterations of common school districts may be made as herein provided; but no school district shall be

He may

divided, which has any bonded indebtedness outstanding. (As amended by chap. 512 of 1897, § 2.)

§ 7. Whenever it may become necessary or convenient to form a school district out of parcels of two or more school commissioner districts, the commissioners of such districts, or a majority of them, may form such district; and the commissioners within whose district any such school district lies, or a majority of them, may alter or dissolve it.

8. If a school commissioner, by notice in writing, shall require the attendance of the other commissioner or commissioners, at a joint meeting for the purpose of altering or dissolving such a joint district, and a majority of all the commissioners shall refuse or neglect to attend, the commissioner or commissioners attending, or any one of them, may call a special meeting of such school district for the purpose of deciding whether such district shall be dissolved; and its decision of that question shall be as valid as though made by the commissioners.

9. Any school commissioner may dissolve one or more districts, and may from such territory form a new district; he may also unite a portion of such territory to any existing adjoining district or districts. When two or more districts shall be consolidated into one, the new district shall succeed to all the rights of property possessed by the annulled districts. (As amended by chap. 264 of 1896, § 4.)

10. When a district is parted into portions, which are annexed to other districts, its property shall be sold by the supervisor of the town, within which its school-house is situate, at public auction, after at least five days' notice, by notice posted in three or more public places of the town in which the school-house is situated, one of which shall be posted in the district so dissolved. The supervisor, after deducting the expenses of the sale, shall apply its proceeds to the payment of the debts of the district, and apportion the residue, if any, among the owners or possessors of taxable property in the district, in the ratio of their several assessments on the last corrected assessment-roll or rolls of the town or towns, and pay it over accordingly.

11. The supervisor of the town within which the school-house of the dissolved district was situate may demand, sue for, and collect, in his name of office, any money of the district outstanding in the hands of any of its former officers, or any other person; and, after deducting his costs and expenses, shall report the bal