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Title XV, Article I. from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal.

4. To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or necessary to give effect to his decision.

§ 3. The superintendent shall file, arrange in the order of time, and keep in his office, so that they may be at all times accessible, all the proceedings on every appeal to him under this title, including his decision and orders founded thereon; and copies of all such papers and proceedings, authenticated by him under his seal of office, shall be evidence equally with the originals.

TITLE XV.

Miscellaneous Provisions.

ARTICLE I.

OF LOSS OF SCHOOL MONEYS APPORTIONED; OF FORFEITURE

BY SCHOOL OFFICERS BY REASON OF NEGLECT TO SUE FOR PENALTIES; OF COSTS IN SUITS WHICH MIGHT HAVE BEEN THE SUBJECTS OF APPEAL TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION; OF COSTS IN SUITS, ACTIONS AND PROCEEDINGS OTHER THAN APPEAIS TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

SECTION 1. Whenever the share of school moneys or any portion thereof, apportioned to any town or school district, or any money to which a town or school district would have been entitled, shall be lost, in consequence of any willful neglect of official duty by any school commissioner, town clerk, trustee or clerks of school districts, the officer or officers guilty of such neglect shall forfeit to the town, or school district so losing the same, the full amount of such loss with interest thereon.

§ 2. Where any penalty for the benefit of a school district, or of the schools of any school district, town, school commissioner district or county, shall be incurred, and the officer or officers, whose duty it is by law to sue for the same, shall willfully and unreasonably refuse or neglect to sue for the same, such officer or officers shall forfeit the amount of such penalty to the same use,

Loss of School Moneys; Costs.

SS 3-6 and it shall be the duty of their successor or successors in office to sue for the same.

§ 3. In any action against a school officer or officers, including supervisors of towns, in respect to their duties and powers under this act, for any act performed by virtue of or under the color of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the subject of an appeal to the superintendent, no costs shall be allowed to the plaintiff, in cases where the court shall certify that it appeared on the trial that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent.

§ 4. Whenever the trustees of any school district, or any school district officer or officers, have been or shall be instructed by a resolution of the district, at a meeting called for that purpose, to defend any action brought against them, or to bring or defend an action or proceeding touching any district property or claim of the district, or involving its rights or interests, or to continue any such action of defense, all their costs and reasonable expenses, as well as all costs and damages adjudged against them, shall be a district charge and shall be levied by tax. If the amount claimed by them be disputed by a district meeting, it shall be adjusted by the county judge of any county in which the district or any part of it is situated.

$ 5. Whenever such trustees or any school district officer shall have brought or defended any such action or proceeding, without any such resolution of the district meeting, and after the final determination of such suit or proceeding, shall present to any regular meeting of the inhabitants of the district, an account, in writing, of all costs, charges and expenses paid by him or them, with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting shall so direct, it shall be the duty of the trustees to cause the same to be assessed upon and collected of the taxable property of said district, in the same manner as other taxes are by law assessed and collected ; and, when so collected, the same shall be paid over, by an order upon the collector or treasurer to the officer or officers entitled to receive the same; but this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent of public instruction.

$ 6. Whenever an officer or officers mentioned in the last pre.

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ceding section of this title shall have complied with the provisions of said section, and the inhabitants shall have refused to direct the trustees to levy a tax for the payment of the costs, charges and expenses therein mentioned, it shall be lawful for him or them, then and there, to give notice orally and publicly, that he will appeal to the county judge of the county ; and in case of his disability to act in the matter by reason of being disqualified, or otherwise, then to the district attorney of the county in which the school-house of said district is located, from the refusal of said meeting to vote a tax for the payment of said claim, and the inhabitants may, then and there, or at any subsequent district meeting, appoint one or more of the inhabitants of the district to protect the rights and interests of the district upon said appeal. And the officer or officers before mentioned shall thereupon, within ten days, serve upon the clerk of said district (or if there be no such clerk, upon the town clerk of the town) a copy of the aforesaid account, so sworn to, together with a notice, in writing, that on a certain day therein specified he or they intend to present such account to the county judge or to the district attorney, as the case may be, for settlement. And the clerk shall record such notice, together with the copy of the account, and the same shall be subject to the inspection of the inhabitants of the district. And it shall be the duty of the person or persons appointed by any district meeting for that purpose, to appear before the county judge or the district attorney, as the case may be, on the day mentioned in the notice aforesaid, and to protect the rights of the district upon such settlement; and the expenses incurred in the performance of this duty shall be a charge upon said district, and the trustees, upon presentation of the account of such expenses, with the proper voucher therefor, may levy a tax therefor, or add the same to any other tax to be levied by them; and their refusal to levy said tax for the payment of said expenses, shall be subject to an appeal to the superintendent of public instruction.

$ 7. Upon the appearance of the parties, or upon due proof of service of the notice and copy of the account, the county judge shall examine into the matter and hear the proofs and allegations presented by the parties, and decide by order whether or not the account, or any and what portion thereof, ought justly be charged upon the district, with costs and disbursements to such officer or officers, in his discretion, which costs and disbursements shall not

Changes in Text-books.

SS 8-11 exceed the sum of thirty dollars, and the decision of the county judge shall be final; but no portion of such account shall be so ordered to be paid which shall appear to such judge to have arisen from the willful neglect or misconduct of the claimant. The account with the oath of the party claiming the same shall be prima facie evidence of the correctness thereof. The county judge may adjourn the hearing from time to time, as justice shall seem to require.

§ 8. It shall be the duty of the trustees of any school district, within thirty days after service of a copy of such order upon them, or upon the district clerk, and notice thereof to them, or any two of them, to cause the same to be entered at length in the book of record of said district, and to raise the amount there. by directed to be paid, by a tax upon the district, to be by them assessed and levied in the same manner as a tax voted by the district.

ARTICLE II.

CHANGES IN TEXT-BOOKS. § 9. The boards of education, or such bodies as perform the functions of such boards in the several cities, villages and union free school districts of this state, shall have power and it shall be their duty to adopt and designate text-books to be used in the schools under their charge in their respective districts. In the common school districts in the state the text-books to be used in the schools therein shall be designated at any annual school meeting by a two-thirds vote of all the legal voters present and voting at such school meeting.

§ 10. When a text-book shall have been adopted for use in any of the public or common schools in this state, as provided in the ninth section of this title, it shall not be lawful to supersede the text-book so adopted by any other book within a period of five years from the time of such adoption, except upon a three-fourths vote of the board of education, or of such body as performs the function of such board, where such board has made the designation, or upon a three-fourths vote of the legal voters present and voting at the annual school meeting in any common school dis trict.

§ 11. Any person or persons violating any of the provisions of this act shall be liable to a penalty of not less than fifty dollars

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nor more than one hundred dollars for every such violation, to be sued for by any taxpayer of the school district, and recovered before any justice of the peace, said fine, when collected, to be paid to the collector or treasurer for the benefit of said school district.

ARTICLE III.

CARE OF CODE OF PUBLIC INSTRUCTION.

$ 12. The trustee or trustees of each school district are hereby made the custodians of the code of public instruction belonging to such school district, and shall deliver the same to their succes sor or successors in office. And in case such copy of said code shall have been lost or destroyed through or by means of the fault or negligence of the trustee or trustees, the trustees so permitting the same to be lost or destroyed shall, at their own expense, procure a copy of the latest edition of the code of public instruction and deliver the same to their successor or successors in office in lieu of the copy so lost or destroyed.

§ 13. Every trustee who fails to comply with the provisions of the foregoing section shall forfeit the sum of twenty-five dollars. This penalty shall be sued for by the supervisor of the town and shall be used in the purchase of books for the school library.

ARTICLE IV.

CONTRACTS BETWEEN SCHOOL DISTRICTS AND BOARDS OF

EDUCATION IN Cities.

§ 14. Whenever any school district, by a vote of a majority of the qualified voters present and voting thereon, shall empower the trustees thereof, the said trustees shall enter into a written con. tract with the trustees or board of education consenting thereto, or any other district, village or city, whereby all the children of such district may be entitled to be taught in the public schools of such city, village or school district for a period of not less than one hundred and sixty days in any school year, upon filing a copy of such contract, duly certified by the trustees of each of such school districts, or by the secretary of the board of education of such city or village in the office of the state superintendent of public instruction. Such school district shall be deemed to have em. ployed a competent teacher for such period, and shall be entitled

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