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lost to any school district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall forfeit to such district the amount of the moneys thus lost, and shall account for and pay over the same to the trustees of such district, in the same manner as if they had been collected.

§ 88. For the recovery of all such forfeitures, and of all balances, in the hands of the collector, which he shall have neglected or refused to pay to his successor, or to the treasurer of such district, the trustees, in their name of office, shall have their remedy upon the official bond of the collector, or any action and any remedy given by law; and they shall apply all such moneys, when recovered, in the same manner as if paid without suit.

89. Within fifteen days after any tax-list and warrant shall have been returned by a collector to the trustees of any school district, the trustees shall deliver the same to the town clerk of the town in which the collector resides, and said town clerk shall file the same in his office.

TITLE VIII.

Union Free Schools, how Established, who are Voters at Meeting and their Powers; Election and Terms of Office of Members of Board of Education, and Powers of such Board.

ARTICLE I.

OF THE PROCEEDINGS FOR THE ESTABLISHMENT OF UNION FREE SCHOOLS, Powers of Voters at MEETINGS; CLASSIFICATION OF TERMS OF OFFICE AND ELECTION OF MEMBERS OF BOARDS OF EDUCATION; CERTIFIED COPIES OF PROCEEDINGS OF MEETINGS TO BE FILED; BOARD OF EDUCATION TO ELECT A PRESIDENT AND APPOINT A TREASURER AND COLLECTOR.

SECTION 1. Whenever fifteen persons entitled to vote at any meeting of the inhabitants of any school district in the state, shall sign a request for a meeting, to be held for the purpose of determining whether a union free school shall be established therein in conformity with the provisions of this title, it shall be the duty of the trustees of such district, within ten days after such request shall

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have been presented to them, to give public notice that a meeting of the inhabitants of such district entitled to vote thereat will be held for such purpose as aforesaid, at the school-house, or other more suitable place, in such district, on a day and at an hour in such notice to be specified, not less than twenty nor more than thirty days after the publication of such notice. If the trustees shall refuse to give such notice, or shall neglect to give the same for twenty days, the superintendent of public instruction may authorize and direct any inhabitant of said district to give the same. The qualifications of the inhabitants entitled to vote at such meeting, shall be sufficiently set forth in the notice aforesaid. (As amended by chap. 264 of 1896, § 9.)

§ 2. Whenever such district shall correspond wholly or in part with an incorporated village, in which there shall be published a daily or weekly newspaper, the notice aforesaid shall be given by posting at least five copies thereof, severally, in various conspicuous places in said district, at least twenty days prior to such meeting, and by causing the same to be published once a week for three consecutive weeks before such meeting, in all the newspapers published in said district. In other districts the said notice shall be given by posting the same as aforesaid, and in addition thereto, the trustees of such district shall authorize and require any taxable inhabitant of the same, to notify every other inhabitant (qualified to vote as aforesaid), of such meeting, to be called as aforesaid, who shall give such notification by reading said notice in his or her hearing, or in case of his or her absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his or her abode at least twenty days prior to the time of such meeting; but the proceedings of any meeting held pursuant to sections one and two of this title, shall not be held illegal for want of a due notice to all the persons qualified to vote thereat ; unless it shall appear that the omission to give such notice was willful and fraudulent.

3. The reasonable expense of such notices, and of their publication and service, shall be chargeable upon the district, in case a union free school is established by the meeting so convened, to be levied and collected by the trustees, as in case of taxes now levied for school purposes; but in the event that such union free. school shall not be established, then the said expenses shall be chargeable upon the inhabitants signing the request, jointly and

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severally, to be sued for, if necessary, in any court having jurisdiction of the same. (As amended by chap. 264 of 1896, § 10.)

§ 4. Whenever fifteen persons, entitled as aforesaid, from each of two or more adjoining districts, shall unite in a request for a meeting of the inhabitants of such districts, to determine whether such districts shall be consolidated by the establishment of a union free school therefor and therein, it shall be the duty of the trus tees of such districts, or a majority of them, to give like public notice of such meeting, at some convenient place within such districts, and as central as may be, within the time and to be published and served in the manner set forth in the first and second sections of this title, in each of such districts. The reasonable expenses of preparing, publishing and serving such notices shall be chargable upon the union free school district, and be collected by tax, if a union free school shall be established pursuant to such call, but otherwise the signers of the call shall be jointly and severally liable for such expenses. The superintendent of public instruction may order such meeting under the conditions and in the manner prescribed in the first section of this title. (As amended by chap. 264 of 1896, § 11.)

5. Any such meeting held pursuant to the foregoing provisions shall be organized by the election of a chairman and secretary, and may be adjourned from time to time, by a majority vote, provided that such adjournment shall not be for a longer period than ten days; and whenever at any such meeting duly called and held under the provisions of sections one and two of this title, at least fifteen qualified voters of the districts shall be present, or at such meeting duly called and held under the provisions of section four of this title, at least fifteen qualified voters of each of the two or more adjoining districts, joining in the request, shall be present, such meeting may, by the affirmative vote of a majority present and voting, adopt a resolution to establish a union free school in said district, or to consolidate the two or more adjoining districts by establishing a union free school in said districts pursuant to the notice of said meeting. If said meeting shall determine to establish a union free school in said district or districts as aforesaid, it shall be lawful for such meeting thereafter to proceed to the election by ballot, of no less than three nor more than nine trustees, who shall, by the order of such meeting, be divided into three several classes. the first to hold until one, the second until two, and the third

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until three years from the first Tuesday of August next following, except as in the next section provided. Thereafter there shall be elected in all union free school districts whose limits do not correspond with those of an incorporated village or city, at the annual meeting of said districts, trustees of said districts, to supply the places of those whose term of office, by the classification aforesaid, are about to expire. The trustees, so as aforesaid elected, shall enter at once upon their offices, and the office of any existing trustee or trustees in such district or districts, before the establishment of a union free school therein, shall cease, except for the purposes stated in section twelve of title six of this act. Neither a school commissioner nor a supervisor is eligible to be a member of any board of education, and the acceptance of either of said offices by a member of said board vacates his office as such member. The said trustees and their successors in office shall constitute the board of education of and for the union free school district for which they are elected, and the designation of such district as union free school district number of the town of shall be made by the school commissioner having jurisdiction of the district; and the said board shall have the name and style of the board of education of (adding the designation aforesaid); copies of said request, notice of meeting, order of the superintendent directing some inhabitant to call said meeting, if any, and minutes of said meeting or meetings, duly certified by the chairman and secretary thereof, shall be by them, or either of them, transmitted and deposited, one to and with the town clerk, one to and with the school commissioner in whose jurisdiction said districts are located, and one to and with the superintendent of public instruction; but when at any such meeting, the question as to the establishment of a union free school shall not be decided in the affirmative, as aforesaid, then all further proceedings at such meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meeting shall be again called within one year thereafter. And when any such meeting shall have established a union free school in said district or districts, such union free school district shall not be dissolved within the period of one year from the first Tuesday of August next after such meeting. (As amended by chap. 264 of 1896, § 12.)

§ 6. Whenever said board of education shall be constituted for any district or districts whose limits correspond with those of

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any incorporated village or city, the trustees so elected shall, by the order of such meeting, be divided into three several classes: The first class to serve until one; the second, until two; and third, until three years after the day of the next charter election in such village or city, and their regular term of service shall be computed from the several days of such charter elections. And thereafter, there shall be annually elected in such villages and cities, at the charter elections, by separate ballot, to be indorsed "school trustee," in the same manner as the charter officers thereof, trustees of the said union free schools, to supply the places of those whose terms by the classification aforesaid are about to expire.

7. The said boards of education are hereby severally created bodies corporate, and each shall, at its first meeting, and at each annual meeting thereafter, elect one of their number president. In every union free school district other than those whose limits correspond with those of an incorporated city or village, the board of education shall have power to appoint one of their number, or a qualified voter in said district, and a person other than a trustee, or a teacher employed in said district, as clerk of the board of education of such district. Such clerk shall also act as clerk of said district, and shall perform all the clerical and other duties pertaining to his office, and for his services he shall be entitled to receive such compensation as shall be fixed at an annual meeting of the qualified voters of such district. In case no provision is made at an annual meeting of the inhabitants for the election of a clerk, then and in that case the board of education shall have power to fix the same. Said board of education shall have power to appoint one of the taxable inhabitants of their district treasurer, and fix his compensation, and another collector of the moneys to be raised within the same for school purposes, who shall severally hold such appointments during the pleasure of the board. Such treasurer and collector shall each, and within ten days after notice in writing of his appointment, duly served upon him, and before entering upon the duties of his office, execute and deliver to the said board of education a bond, with such sufficient penalty and sureties as the board may require, conditioned for the faithful discharge of the duties of his office. And in case such bond shall not be given within the time specified, such office shall thereby become vacant, and said board shall thereupon, by appointment, supply such vacancy.

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