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ing the result of each ballot as announced to him by the inspectors,
and the persons having the highest number of votes respectively
for the several offices shall be elected.
[Con. School Law, tit. VII, § 14, sub. 4, Con. School Law, tit. VII, § 15, and Con. School Law, tit. VIII, § 14, rewritten and condensed without intended change of substance.]
(Pages 33, 36, 72, SS 14, 15, 14.)
$ 116. Votes on propositions to be by ballot.-All proposi
tions submitted at a district meeting, involving the expenditure of
money, the levy of a tax, or the purchase, sale or lease of property,
shall be by ballot. A poll-list containing the name of every person
whose vote shall be received, under this section, shall be kept by
the clerk of the meeting.
[Con. School Law, tit. VII, § 14, sub. 18, and Con. School Law, tit. VIII, part of $ 10, rewritten and consolidated without change, except that the provision now contained in tit. VII, § 14, sub. 18, permitting the vote to be taken by ayes and noes, is omitted.]
(Pages 33, 73, SS 12, 14.)
§ 117. Challenges.--If a person who offers to vote at a district
meeting is challenged as unqualified, the chairman shall not
permit him to vote unless he makes the following declaration: “I
do declare and affirm that I am and have been for the thirty
days last past, an actual resident of this school district, and that I
am qualified to vote at this meeting.” The person making such
declaration has all the rights of a qualified voter.
[Con. School Law, tit. VII, SS 12, 15, and Con. School Law, tit. VIII, § 14, rewritten and condensed without intended change of substance.]
(Pages 33, 73, SS 12, 15, 14.)
§ 118. Penalty for illegal voting.-A person not qualified who
votes at a district meeting thereby forfeits ten dollars, to be recov. ered in an action by the trustee for the benefit of the district.
person who willfully makes a false declaration after being chal
lenged is guilty of a misdemeanor.
[Con. School Law, tit. VII, SS 13, 14, and Con. School Law, tit. VIII, § 14, rewritten without intended change of substance.]
(Pages 33, 36, 72, SS 13, 14, 14.)
§ 119. Chairman must receive vote.-A chairman who refuses to
receive the ballot of a person entitled to vote at a district meeting
or election, forfeits twenty-five dollars for the benefit of the dis
[Con. School Law, tit. VII, § 15, and Con. School Law, tit. VIII, $ 14, rewritten without change of substance.]
(Pages 36, 72, § 15, 14.)
§ 120. When district may fix the hour of election. If the num
ber of children of school age in a district exceeds three hundred, as
shown by the last annual report of the trustee to the school com
missioner, an annual district meeting may by resolution determine
that the election of officers shall be held between the hours of
twelve o'clock noon and four o'clock in the afternoon of the day of
the annual meeting, instead of at the hour fixed by this chapter,
and if such earlier time be fixed, the election shall thereafter be
held accordingly, unless such resolution be rescinded at an annual
meeting. The trustee may extend the time of holding the elec
tion beyond four o'clock but not later than sunset.
[Co. School Law, tit. VIII, § 15, and Con. School Law, tit. VIII, § 14. The first four sentences of these sections rewritten and condensed without intended change of substance.]
(Pages 36, 72, SS 15, 14.)
§ 121. Appointment of inspectors of election. The trustee at
least twenty-four hours before the opening of the polls at such an
election shall appoint two inspectors of election and file such ap
pointment with the district clerk. Such inspectors shall have the
same powers and perform the same duties as inspectors appointed
by a district meeting. They shall choose one of their number chair
man, who shall preside at the election. The district clerk shall
attend at the election and keep a poll-list of the voters. If he is
not present, or does not act, the trustee may appoint a qualified
voter to act in his place. The clerk at such election who shall
neglect or refuse to record the name of a person whose ballot is
received by the inspectors is liable to a fine of twenty-five dollars,
to be sued for by the trustee for the benefit of the district. The
provisions of this chapter relating to the challenge of a voter at a
school meeting apply to a challenge at such election.
[Con. School Law, tit. VII, part of § 15, and Con. School Law, tit. VIII, part of § 14, rewritten and condensed without intended change of substance.]
(Pages 36, 72, $S 15, 14.)
$ 122. Canvass of votes.—The inspectors immediately after the
close of the polls shall proceed to canvass the votes. They shall
first count the ballots to determine if they tally with the number of
names recorded by the clerk. If they exceed that number, enough
ballots shall be withdrawn to make them correspond. Such in
spectors shall count the votes and announce the result, and shall
file a certificate of the result under their hands with the district
The persons having the highest number of votes respect
ively for the several offices shall be elected, and the clerk shall
record the result of such election as announced by the inspectors.
The foregoing provisions shall not apply to school districts in cities,
nor to union school districts conterminous with a village, nor to a
school district organized by special law containing provisions relat
ing to the election of officers different from those herein prescribed.
[Con. School Law, tit. VII, part of § 15, and Con. School Law, tit. VIII, part of $ 14, rewritten without intended change of substance.
(Pages 36, 72, SS 15, 14.)
§ 123. When vote may be rescinded.—A vote to build, hire or
purchase a schoolhouse or an addition thereto, or to purchase real
property, shall not be rescinded except at an adjourned or special
meeting to be held within twenty days after the original resolution
[Con. School Law, tit. VII, part of § 18, and Con. School Law, tit. VIII, part of $ 10, rewritten and condensed without change, except that by present law the meeting for such reconsideration must be held within thirty days; this we change to twenty.]
(Pages 39, 69, SS 18, 10.)
SCHOOLHOUSES AND SITES.
Section 130. Acquisition of real property.
131. When owner's consent necessary.
132. When site may be changed.
133. Sale of former site.
134. Disposition of proceeds.
Section 135. Schoolhouse not to be built on town line.
136. When school commissioner must approve plan.
137. New schoolhouse after condemnation.
138. Fire-escapes for school buildings.
139. Use of schoolhouse.
140. Purchase and display of flags. [General note.-In this article the law relating to schoolhouses and sites has been rewritten without substantial change.]
§ 130. Acquisition of real property.—Real property may be ao
quired for school purposes as follows:
1. By gift, grant, devise or purchase.
2. By condemnation, if an agreement cannot be made with the
owner for the purchase thereof. Such proceedings shall be in
stituted and conducted by the trustee or board of education, in
the name of the district.
3. This section does not permit the acquisition by condemna
tion of less than the whole of a city or village lot with the erec
tions and improvements thereon.
The provisions of this section apply to districts organized under
[Con. School Law, tit. IX, parts of $S 1, 2, 5, rewritten and condensed without intended change, except that we authorize the acquisition of real property by gift, grant and devise.
(Page 85, SS 1, 2, 5.)
$ 131. When owner's consent necessary.--The following prop
erty cannot be acquired without the consent of the owner:
1. A homestead occupied as such by the owner.