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§ 27. Existing districts continued.—The existing school dis

tricts are confirmed and continued, but may be altered or dis

solved as herein provided.


§ 28. Creation of school district.-Each school commissioner,

in respect to the territory within his district, shall:

1. Divide it as far as practicable into a convenient number of

school districts and alter the same as herein provided. A school

district may include territory within an Indian reservation.

2. Establish joint districts in conjunction with the commis

sioner of an adjoining district.

3. Describe and number the school districts and joint districts,

and deliver to the town clerk a written description thereof, to

gether with all notices, consents and proceedings relating to

the formation or alteration thereof. A joint district shall bear

the same number in each school commissioner district of which

it forms a part.

[Con. School Law, tit. VI, § 1, rewritten and condensed without intended change of substance, except that the provision in subdivision 1 permitting a school district to include territory within an Indian reservation is new.]

(Page 27, $ 1.)

§ 29. Alteration of districts on consent.— With the written con

sent of the trustees of all the districts to be affected thereby,

the commissioner may, by order, alter any school district within

his jurisdiction, except a union school district conterminous with

a city or village, and fix, by said order, a day when the alteration

shall take effect.

[Con. School Law, tit. 6, § 2, re-enacted with the following change. The clause “except a union school district conterminous with a city or village,” is new.]

(Page 28, $ 2.)

§ 30. Alteration on refusal to consent.—If the trustee of any

such district after ten days written notice shall not consent, the

commissioner 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 a dissenting district until a

day therein named, not less than three months after the date of

such order.

[Con. School Law, tit. VI, § 3, rewritten and changed by the insertion after the word district, in line two, of the words "after ten days written notice.” This change is made for the purpose of fixing definitely the time when the commissioner may act.]

(Page 28, § 3.)

$ 31. Notice of hearing.–The commissioner within ten days

after making and filing such order shall give at least eight days'

written notice to the trustee in each district affected, that at a

specified time and place he will hear the objections to the altera

tion. Such hearing must be had in a town which embraces a part

of the territory affected. The trustee of a district affected by the

order may request the supervisor and town clerk of a town within

which the district is wholly or partly situated to be associated

with the commissioner on such hearing. Such officers shall at

tend accordingly.

[Con. School Law, tit. VI, part of § 4, rewritten and condensed with the following changes: The present law requires the commissioner to give at least one week's notice of the time and place for hearing objections. We have changed this to eight days. By present law the supervisors and town clerks are not compelled to attend. We make their attendance compulsory. The remainder of § 4 is found in SS 32 and 489 of revision.]

(Page 28, § 4.)

32. Hearing and decision.-At the time and place specified in

the notice, the commissioner, with the supervisors and town

clerks who attend and act, shall hear and decide the matter. The

decision must either affirm, modify or reverse the order of the

commissioner, and must be filed with and recorded by the town

clerk of each town in which any part of the district to be affected

is situated. A tie vote shall be deemed an affirmance of the

order, and a decision shall be made and entered accordingly.

[Con. School Law, tit. VI, part of $ 4, rewritten and condensed without intended change of substance. That part of g 4 which relates to appeals is omitted here, but is included in Art. XVIII, § 489ff. The first part of $ 4 is included in $ 31 of revision.

(Page 28, part of $ 4.)

§ 33. Dissolution by commissioner.-A school commissioner

may dissolve a district, and from such territory form a new dis

trict. He may also unite a portion or all of such territory to an

existing adjoining district.

[Con. School Law, tit. VI, § 9, first sentence rewritten without intended change of substance. The remainder of $ 9 is covered by the provisions of § 38 of the revision.]

(Page 29, $ 9.)

§ 34. Dissolution by superintendent.-Whenever the aggregate

number of days attendance of resident pupils in any district for a school year in a school or schools actually taught in the dis

trict, as shown by the last annual report of the trustee, shall not

exceed eight hundred, the superintendent may, on his own motion,

by order direct the commissioner to dissolve the district.


superintendent before making such order shall serve on the trus

tee a written notice of at least twenty days requiring him to show

cause why such an order should not be made. Ten days' notice of

the hearing shall also be given to the commissioner. The com

missioner when so directed by the superintendent shall make an

order dissolving the district, which order shall have the same

force and effect as an order made by him under the last section.


§ 35. Disposition of property of dissolved district.—When a

district is dissolved and annexed to other districts, its property

shall be sold by the supervisor of the town within which its

schoolhouse is situated, at public auction, after a notice of at

least five days, posted in the dissolved district, and also in two

or more other public places in the town. The supervisor, after

deducting the expenses of the sale, shall apply its proceeds to the

payment of the debts of the district, and pay the residue, if any,

to the owners of taxable property in the district, pro rata, ac

cording to the assessments thereof on the last corrected town

assessment-roll. The supervisor may also demand, sue for and

recover in his name of office, any money of the district in the

hands of a former officer thereof, or other person, and after deducting his costs and expenses, shall pay the same to the

owners of taxable property in the same manner as the proceeds

of a sale.

[Con. School Law, tit. VI, SS 10, 11, rewritten and condensed with the following change: By the present law the supervisor is authorized to collect outstanding debts and when collected he must report the amount to the commissioner, whose duty it is to apportion the same among the several districts entitled thereto to be disposed of by the district meeting. We have changed this procedure so that the money collected shall be apportioned directly by the supervisor.]

(Page 29, SS 10, 11.)

§ 36. Deposit of records with town clerk.—The commissioner

or a majority of the commissioners in whose district or districts

a dissolved school district was situated, shall, by his or their

order in writing, delivered to the clerk of the district, or to any

person in whose possession the books, papers and records of the

district, or any of them, may be, direct such clerk or other person

to deposit the same in the clerk's office in a town named in the

order. Such clerk or other person, for neglect or refusal


obey the order, shall forfeit fifty dollars, to be applied to the

benefit of the common schools of said town.

The commissioner

or commissioners shall file a duplicate of the order with such


[Con. School Law, tit. VI, § 13, rewritten without intended change, in substance.]

(Page 30, § 13.)

$ 37. Alteration or dissolution of joint district. The commis

sioners, or a majority of them, within whose districts a joint

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