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tees unless the commissioner in whose district the school-house of said district so to be built, hired or purchased or added to is situated shall certify, in writing, his approval of such larger sum. And no school-house shall be built in any school district of this state until the plan of ventilating, heating and lighting such school-house shall be approved in writing by said school commissioner. But nothing herein contained shall invalidate any tax that shall or may be hereafter levied for building or repairing schoolhouses which in other respects comply with existing statutes.

18. Whenever a majority of the inhabitants of any school district entitled to vote, to be ascertained by taking and recording the ayes and noes of such inhabitants attending and voting at any annual, special or adjourned school district meeting, legally called or held, shall determine that the sum proposed and provided for in the last preceding section shall be raised by installments, it shall be the duty of the trustees of such district, and they are hereby authorized to cause the same to be raised, levied and collected in equal installments in the same manner and with the like authority that other school taxes are raised, levied and collected, and to make out their tax-list and warrant for the col lection of such installments, with interest thereon, as they become payable, according to the vote of the said inhabitants; but the payment or collection of the last installment shall not be extended beyond twenty years from the time such vote was taken; and no vote to levy any such tax shall be reconsidered except at an adjourned annual or special meeting, to be held within thirty days thereafter, and a like majority shall be required for reconsideration as that by which tax was originally imposed. For the purpose of giving effect to these provisions, trustees are hereby authorized, whenever a tax shall have been voted to be collected in installments for the purpose of building a new schoolhouse or an addition to a schoolhouse, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding six per centum, and to issue bonds or other evidences of indebtedness therefor, which shall be a charge upon the district and be paid at maturity, and which shall not be sold below par. Due notice of the time and place of the sale of such bonds shall be given at least ten days prior thereto. It shall be the duty of the trustees or the person or persons having charge of the issue or payment of such indebtedness, to transmit a statement thereof to the clerk of the board of supervisors of the county in which such indebtedness is

District School-houses and Sites.

SS 19-21

created, annually, on or before the first day of November. (As amended by chap. 274 of 1895, § 1.)

19. So long as a district shall remain unaltered, the site of a school-house owned by it, upon which there is a school-house erected or in process of erection, shall not be changed, nor such school-house be removed, unless by the consent, in writing, of the school commissioner having jurisdiction; nor with such consent, unless a majority of all the legal voters of said district present and voting, to be ascertained by taking and recording the ayes and noes, at a special meeting called for that purpose, shall adopt a written resolution designating such new site, and describing such new site by metes and bounds.

§ 20. Whenever the site of a school-house shall have been changed, as herein provided, the inhabitants of a district entitled to vote, lawfully assembled at any district meeting, shall have power, by a majority of the votes of those present, to direct the sale of the former site or lot, and the buildings thereon and ap purtenances or any part thereof, at such price and upon such terms as they shall deem proper; and any deed duly executed by the trustees of such district, or a majority of them, in pursuance of such direction, shall be valid and effectual to pass all the estate or interest of such school district in the premises, and when a credit shall be directed to be given upon such sale for the consideration money, or any part thereof, the trustees are hereby authorized to take in their corporate name such security by bond and mortgage, or otherwise, for the payment thereof, as they shall deem best, and shall hold the same as a corporation, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and the trustees of any such district for the time being may, in their name of office, sue for and recover the moneys due and unpaid upon any security so taken by them or their prede

cessors.

§ 21. All moneys arising from any sale made in pursuance of the last preeeding section, shall be applied to the expenses incurred in procuring a new site, and in removing or erecting thereon a school-house, and improving and furnishing such site and house, and their appendages, so far as such application shall be necessary; and the surplus, if any, shall be devoted to the purchase of school apparatus and the support of the school, as the inhabitants at any annual meeting shall direct.

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OF THE QUALIFICATION, ELECTION AND TERMS OF OFFICE OF DISTRICT OFFICERS, AND OF VACANCIES IN SUCH OFFICES.

22. No school commissioner or supervisor is eligible to the office of trustee, and no trustee can hold the office of district clerk, collector, treasurer or librarian.

23. Every district officer must be a resident of his district, and qualified to vote at its meetings. No person shall be eligible to hold any school district office who can not read and write.

24. From one annual meeting to the next is a year within the meaning of the following provisions: The term of office of a sole trustee of a district is one year. The full term of a joint trustee is three years, but a joint trustee may be elected for one or two years, as herein provided. The term of office of all other district officers is one year. Every district officer shall hold his office, unless removed during his term of office, until his successor shall be elected or appointed.

25. The terms of all officers elected at the first meeting of a newly created district shall expire on the first Tuesday of August, next thereafter.

§ 26. On the first Tuesday of August next after the erection of a district, at its first annual meeting, the electors shall determine, by resolution, whether the district shall have one or three trustees; and if they resolve to have three trustees, shall elect the three for one, two and three years, respectively, and shall designate by their votes for which term each is elected; thereafter in such district, one trustee shall be elected at each annual meeting to fill the office of the outgoing trustee. The electors of any district having three trustees, shall have power to decide by resolution, at any annual meeting, whether the district shall have a sole trustee or three trustees, and if they resolve to have a sole trustee, the trustee or trustees in office shall continue in office until their term or terms of office shall expire, and no election of a trustee shall be had in the district until the offices of such trustee or trustees shall become vacant by the expiration of their terms of office or otherwise, and thereafter but one trustee shall be elected for said district, until the electors of a district having decided to have but one trustee shall determine at an annual meeting, by a

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two-thirds vote of the legal voters present thereat, to have three trustees; in which case they shall, upon the adoption of such resolution, proceed to elect three trustees or such number as may be necessary to form a board of three trustees, in the same manner as provided in this section for the election of three trustees at the first annual meeting after the erection of a district; and thereafter in such district, one trustee shall be elected for three years, at each annual meeting, to fill the office of the outgoing trustee.

27. It shall be the duty of the district clerk, or of any person who shall act as clerk at any district meeting, when any officer shall be elected, forthwith to give the person elected notice thereof in writing; and such person shall be deemed to have accepted the office, unless, within five days after the service of such notice, he shall file his written refusal with the clerk. The presence of any such person at the meeting which elects him to office, shall be deemed a sufficient notice to him of his election.

§ 28. The collector or treasurer vacates his office by not executing a bond to the trustee or trustees, as hereinafter required, and the trustee or trustees may supply the vacancy.

29. In case the office of a trustee shall be vacated by his death, refusal to serve, incapacity, removal from the district, or by his being removed from the office, or in any other manner, and the vacancy be not supplied by a district meeting within one month thereafter, the school commissioner of the commissioner district, within which the school-house or principal school-house of the district is situated, may, by a writing, under his hand, appoint a competent person to fill it. If such vacancy is supplied by a district meeting, it shall be for the balance of the unexpired term; but when such vacancy is supplied by appointment by a school commissioner it shall be only until the next annual meeting of the district.

§ 30. A trustee who publicly declares that he will not accept or serve in the office of trustee, or who refuses or neglects to attend three successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees, or trustee, where there are but two, vacates his office by refusal to serve.

31. Any vacancy in the office of clerk, collector or treasurer, may be supplied by appointment under the hands of the trustee or trustees of the district, or a majority of them, and the appointees shall hold their respective offices until the next annual

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meeting of the district, and until others are elected and take their places.

32. Every appointment to fill a vacancy shall be forthwith filed, by the commissioner or trustees making it, in the office of the district clerk, who shall immediately give notice of the appointment to the person appointed.

33. Every person chosen or appointed to a school district office, who, being duly qualified to fill the same, shall refuse to serve therein, shall forfeit five dollars; and every person so chosen or appointed, who, not having refused to accept the office, shall willfully neglect or refuse to perform any duty thereof, shall by such neglect or refusal vacate his office and shall forfeit the sum of ten dollars. These penalties are for the benefit of the school or schools of the district. But the school commissioner of the commissioner district wherein any such person resides may accept his written resignation of the office, and the filing of such resignation and acceptance in the office of the district clerk shall be a bar to the recovery of either penalty in this section mentioned; or such resignation may be made to and accepted by a district meeting.

ARTICLE IV.

OF THE DUTIES OF THE DISTRICT CLERK AND TReasurer.

34. It shall be the duty of the clerk of each school district: I. To record the proceedings of all meetings of the voters of his district in a book to be provided for that purpose by the dis trict, and to enter therein true copies of all reports made by the trustee or trustees to the school commissioner.

2. To give notice, in the manner prescribed by the sixth section of this title, or by the inhabitants, pursuant to such section, of the time and place of holding special district meetings called by the trustee or trustees.

3. To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least five of the most public places of such district, at least five days before the time appointed for such adjourned meeting.

4. To give the like notice of every annual district meeting.

5. To give notice immediately to every person elected or

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