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fraudulent. The inhabitants of any neighborhood, entitled to vote, when assembled in any annual meeting or any special meeting called by the commissioner as above provided, shall have power, by a majority vote of those present, to appoint a chairman for the time being, and to choose a neighborhood clerk and one trustee, and to fill vacancies in office. The provisions of sections ten, eleven, twelve and thirteen of article one of title seven of this act, shall apply to and govern such meeting, so far as the same can in substance be applied to the proceedings; and the provisions of sections twenty-two, twenty-three, twenty-four, twenty-five, twentyseven, twenty-nine, thirty, thirty-one and thirty-two of title seven of this act shall apply to and govern the officers of such neighborhood, so far as the same can in substance be applied thereto. (Added by chap. 293 of 1897, § 2.)

$ 53. The neighborhood clerk shall keep a record of the proceedings of his neighborhood, and of the reports of the trustees, and deliver the same to his successor. In case such neighborhood shall be annexed to a district within this state its records shall be filed in the office of the clerk of such district. The trustee shall, between the twenty-fifth day of July and the first day of August in every year, make his annual report to the school commissioner, and file it in the office of the clerk of the town of which the neighborhood is a part. Such report shall specify the whole amount of public moneys received during the year and from what public officer, and the manner in which it was expended; the whole number of such children as can be included in the district trustees' report residing in the neighborhood on the thirtieth day of June prior to the making of such report; and any other matters which the superintendent of public instruction may require. (Added by chap. 293 of 1897, § 2.)

54. The superintendent of public instruction shall apportion to each separate neighborhood which shall have duly reported, such fixed sum as will, in his opinion, be equitably equivalent to its portion of all the state school moneys upon the basis of distribution established by this act; such sum to be payable out of the contingent fund hereinbefore established. The school commissioner or commissioners shall set apart and credit from the state and other school moneys apportioned to each separate neighborhood the amount apportioned to it by the state superintendent. The amount so apportioned shall be set apart to the town in which such neighborhood is situated, and the commissioner or

Compulsory Education of Children.

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commissioners shall certify the same to the supervisor thereof; and the same shall be paid over to the supervisor for distribution by him as a part of the school moneys of the town in the manner provided by article two of title two of this act. It shall be the duty of such supervisor to disburse said moneys upon the order of the trustee of such neighborhood in favor of any teacher of a school in an adjoining state, recognized by him and patronized by the inhabitants of such neighborhood; and to include a statement thereof in the account required by this act to be made by him of the school moneys received by him and the disbursement thereof. (Added by chap. 293 of 1897, § 2.)

TITLE XVI.

Compulsory Education of Children.

SECTION 1. Short title.

2. Definitions.

3 Required attendance upon instruction.

4. Duties of persons in parental relation to children.
5. Persons employing children unlawfully to be fined.

6. Teachers' record of attendance.

7. Attendance officers.

8. Arrest of truants.

9. Truant schools.

10. Withholding the state moneys by state superintendent.
11. Law repealed.

12. When to take effect.

13. Reference to this law.

SECTION 1. Short title.-This chapter shall be known as the compulsory education law. (Added by chap. 671 of 1894.)

§ 2. Definitions.-When used in this act, the term school authorities means the trustees or board of education or corresponding officers, whether one or more and by whatever name known, of a city, union free school district, common school district, or school district created by special law, the term persons in parental relation to a child, includes the parents, guardians or other persons, whether one or more, lawfully having the care, custody or control of such child. A child under sixteen years of age required by the persons in parental relation to such a child, to attend upon lawful instruction at a school or elsewhere, upon which such child is entitled to attend, is lawfully required to attend such school. A child between eight and sixteen years

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of age, who is required by law to attend upon instruction, and is required by the persons in parental relation to such child to attend upon lawful instruction at school or elsewhere, upon which such child is entitled to attend, is lawfully required to attend upon such instruction, and if not required by the persons in parental relation to such child to attend upon any instruction, is lawfully required to attend a public school. (Added by chap. 671 of 1894.)

§ 3. Required attendance upon instruction.-Every child be tween eight and sixteen years of age, in proper physical and mental condition to attend school, shall regularly attend upon instruction at a school in which at least the common school branches of reading, writing, arithmetic, English grammar and geography are taught, or upon equivalent instruction by a competent teacher elsewhere than at school, as follows: Every such child between fourteen and sixteen years of age, not reg ularly and lawfully engaged in any useful employment or service, and every such child between eight and twelve years of age, shall so attend upon instruction as many days annually, during the period between the first days of October and the following June, as the public school of the city or district in which such child resides, shall be in session during the same period. Every child between twelve and fourteen years of age in proper physical and mental condition to attend school, shall attend upon instruction during the school year then current, at least eighty secular days of actual attendance, which shall be consecutive except for holidays, vacations and detentions by sickness, which holidays, vacations and detentions shall not be counted as a part of such eighty days, and such child shall, in addition to the said eighty days, attend upon instruction when not regularly or law. fully engaged in useful employment or service. If any such child shall so attend upon instruction elsewhere than at a public school, such instruction shall be at least substantially equivalent to the instruction given to children of like age at the public school of the city or district in which such child resides; and such attendance shall be for at least as many hours of each day thereof, as are required of children of like age at public schools; and no greater total amount of holidays and vacations shall be deducted from such attendance during the period such attendance is required, than is allowed in such public school to children of like age. Occasional absences from such attendance, not amount

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ing to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practices of such public schools. (Added by chap. 671 of 1894, and amended by chap. 606 of 1896, 1.)

4. Duties of persons in parental relation to children.Every person in parental relation to a child between eight and sixteen years of age, in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction or shall present to the school authorities of his city or district proof by affidavit that he is unable to compel such child to so attend. The violation of his section shall be a misdemeanor, punishable for the first offence by a fine not exceeding five dollars, and for each subsequent offence by a fine not exceeding fifty dollars or by imprisonment not exceeding thirty days or by both such fine and imprisonment. Courts of special sessions shall, subject to removal as provided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction, in the first instance, to hear, try and determine charges of violations of this section, within their respective jurisdictions. (Added by chap. 671 of 1894, and amended by chap. 606 of 1896, § 2.)

§ 5. Persons employing children unlawfully to be fined.— It shall be unlawful, for any person, firm or corporation to employ any child between the ages of eight and twelve years in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session; or to employ any child between twelve and fourteen years of age who does not, at the time of such employment present a certificate signed by the superintendent of schools of the city or district in which the child resides, or, where there is no superintendent, by such other officer as the school authorities. may designate, certifying that such child has complied with the law relating to attendance at school during the school year between September and July then current; any person who shall employ any child contrary to the provisions of this section shall, for each offense, forfeit and pay to the treasurer of the city or village or to the supervisor of the town in which such offense shall occur, a penalty of fifty dollars, the same, when paid, to be added to the public school moneys of the city, village or district in which the offense occurred. (Added by chap. 671 of 1894.)

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§ 6. Teachers' record of attendance.-An accurate record of the attendance of all children between eight and sixteen years of age shall be kept by the teacher of every school, showing each day by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction any such child shall attend elsewhere than at school shall keep a like record of such attendance. Such records shall, at all times, be open to the attendance officers or other persons duly authorized by the school authorities of the city or district, who may inspect or copy the same; and every such teacher shall fully answer all inquiries lawfully made by such authorities, inspectors or other person, and a willful neglect or refusal so to answer any such inquiry shall be a misdemeanor. (Added by chap. 671 of 1894.)

7. Attendance officers.-The school authorities of each city, union free school district, or common school district whose limits include in whole or in part an incorporated village, shall appoint and may remove at pleasure one or more attendance officers of such city or district, and shall fix their compensation and may prescribe their duties not inconsistent with this act, and may make rules and regulations for the performance thereof; and the superintendent of schools of such city or school district shall supervise the enforcement of this act within such city or school district; and the town board of each town shall appoint one or more attendance officers whose jurisdiction shall extend over all school districts in said town, not by this section otherwise provided for, and shall fix their compensation which shall be a town charge; and such attendance officers appointed by said board shall be removable at the pleasure of the school commissioner in whose commissioner's district such town is situated. (Added by chap. 671 of 1894, and amended by chap. 606 of 1896, § 3.)

8. Arrest of truants.-The attendance officer may arrest without warrant any child between eight and sixteen years of age, found away from his home, and who then is a truant from instruction, upon which he is lawfully required to attend within the city or district of such attendance officer. He shall forthwith deliver a child so arrested either to the custody of a person in parental relation to the child, or of a teacher from whom such child is then a truant, or, in case of habitual and incorrigible truants, shall bring them before a police magistrate for com

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