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district lies, may alter or dissolve it. Either commissioner may
separately institute a proceeding for that purpose, in respect to
the territory within his own district, by serving on the other
commissioners a notice to the effect that he proposes the alter
ation or dissolution of such district. If an alteration is proposed
the notice shall contain a description of the territory to be taken
from or added to the district. Such notice shall require the other
commissioners to attend a joint meeting at a specified time and
place for the purpose of considering the question of such altera
tion or dissolution. If a majority of the commissioners do not
attend, or if they attend and do not consent to the alteration
as proposed by the notice, either commissioner may call a special
meeting of the qualified voters of such district for the purpose of
deciding whether it shall be dissolved. The determination by the
meeting has the same effect as an order by the commissioners.
If the district be dissolved, its territory shall be included in a
new district or annexed to adjoining districts by the commis
sioner in whose district such territory is situated.
[Con. School Law, tit. VI, SS 7, 8, rewritten and condensed without intended change in substance, except that the last sentence is new.]
(Page 29, $S7, 8.)
§ 38. Annexing district to union school district.—A commis
sioner with the consent of the district affected, expressed by
a resolution adopted at a district meeting, may dissolve a district adjoining a union school district not conterminous with a city or
village, and annex its territory to such district.
[Con. School Law, tit. VI, first sentence of $ 6, rewritten and changed as follows: The present law provides that a commissioner with the written consent of the trustees may alter a district. We provide that the alteration can only take place after a district meeting has adopted a resolution consenting to such alteration.]
(Page 28, § 6.)
§ 39. Consolidation of districts.—Two or more districts may be
consolidated by the commissioner on his own motion, or
the request of the districts affected. The districts may, at a
district meeting, adopt a proposition for consolidation, and on
presentation of a copy thereof, certified by the clerk of the meet
ing, the commissioner shall forthwith determine whether such
consolidation should be effected.
If his decision is adverse to
consolidation, it shall be filed with the clerk of each district
affected. If it is in favor of consolidation, it shall be served
on the trustee or president of the board of education and filed
in the office of the town clerk. The consolidation takes effect
on the filing of an order by the commissioner.
He may, by the
order, determine that the consolidated district shall be known
as a new district, and that officers shall be elected accordingly;
or that the other districts shall be deemed annexed to and con
solidated with one named. When two or more districts shall
be consolidated into one, the new district shall succeed to all the
rights of property possessed by the dissolved districts, and shall be liable for all their debts. On the entry of the order of con
solidation, the districts 80 consolidated shall be deemed abolished.
[New. Except the provision as to the succession of property which is now found in Con. School Law, tit. VI, last part of $ 9 with the addition of making a district which receives property from a dissolved district liable for the debts of such district.]
(Page 29, § 6.)
$ 40. Alteration of a bonded district.-A school district which
has an existing bonded indebtedness shall not be divided; nor
shall such district be altered by the addition of territory, except
from a dissolved district, without the written consent of a major.
ity of the persons residing in such territory, qualified to vote at a
school meeting, and also of the owners of a majority in value of
the property therein, assessed on the last preceding town as
sessment-roll. Such consents must be filed in the office of the
town clerk, and shall be in addition to any other consent herein
[Based upon Con. School Law, tit. VI, § 6, and Con. School Law, tit. VIII, § 30; but mostly new.]
(Pages 28, 82, $$ 6, 30.)
§ 41. Continuance of dissolved districts.—Though a district be
dissolved, it shall continue to exist in law for the purpose of pro
viding for and paying all its just debts; and to that end all officers
shall continue in office, and the inhabitants may hold special
meetings, elect officers to supply vacancies, and vote taxes; and
all other acts necessary to raise money and pay such debts shall
be done by the inhabitants and officers of the district.
[Con. School Law, tit. 6, § 12, unchanged in substance. (Page 30, $ 12.)
§ 42. First meeting in new district.-When a school district is
formed, the commissioner shall deliver to a qualified voter a no
tice describing the district and appointing the time and place for
the first district meeting. Such voter shall serve the notice in the
same manner as for a special meeting under this chapter, and for
his refusal or neglect shall forfeit five dollars for the benefit of the
district. If such meeting is not held, the commissioner may call
another meeting in the same manner.
[Con. School Law, tit. VII, SS 1, 2, 3, 5, rewritten and condensed without intended change of substance. The manner in which the notice must be served is prescribed by $ 113 of the revision.]
(Page 30, $S 1, 2, 3, 5.)
Section 50. District officers.
51. Qualification of officers.
52. Eligibility to office.
53. Term of office.
54. Terms in new district.
55. Vacancy; how created.
56. Vacancy; how filled.
57. Resignation of district officers.
58. Notice to persons elected.
59. Penalty for refusal to serve.
60. General duties of trustee.
61. Report of trustee to commissioner
Section 62. District in two or more counties.
63. Duties of clerk.
64. Contracts with other districts.
65. Contracts with schools without the state.
66. Code of public instruction.
67. When action does not abate.
68. Water closets and privies.
[General note.—This article makes few changes in the former law, but the subject is rearranged and rewritten. The neighborhood schools provided by chapter two hundred and ninety-five of the laws of eighteen hundred and ninety-seven are abolished and permission is given the trustee to make contracts with districts outside the state, for the instruction of children residing therein.]
§ 50. District officers.--Each common school district shall have
one trustee, a clerk, a collector, and a treasurer.
[New. The present law does not separately enumerate the district officers. It provides, by tit. VII, § 14, sub. 4, that one or three trustees, a clerk and collector shall be elected, and where a district meeting has so determined, a treasurer. We provide that each common school district shall have but one trustee, and every district a treasurer. By § 52 of the revision we provide that the collector may also hold the office of treasurer.]
(Page 33, $ 14, sub. 4.)
$ 51. Qualification of officers. Every district officer must be a
resident and qualified voter of the district, and able to read and
[Con. School Law, tit. VII, $ 23, and Con. School Law, tit. VIII, $ 8, rewritten and condensed without intended change of substance.]
(Page 41, § 23.)