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§ 116. Votes upon 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.

[New.]

§ 117. Challenges. If a person who offers to vote at a district meeting shall be 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, § 12,

Con. School Law, tit. VII, § 15,
Con. School Law, tit. VIII, § 14, consolidated. (Pages 33,

36, 72, SS 13, 14, 15.)]

§ 118. Penalty for illegal voting.–A person not qualified who votes at a district meeting thereby forfeits ten dollars, to be recovered in an action by the trustee for the benefit of the district. A person who willfully makes a false declaration after being challenged is guilty of a misdemeanor.

[Con. School Law, tit. VII, SS 13, 15,
Con. School Law, tit. VIII, § 14 consolidated. (Pages 33,

36, 72, SS 13, 15, 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 dig.

trict.

[Con. School Law, tit. VIII, § 14. (Page 72, § 14.)]

§ 120. When district may fix the hour of election. If the number of children of school age in a district exceeds three hundred, as shown by the last annual report of the trustee to the school commissioner, 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and if such earlier time be fixed, the election shall thereafter be held accordingly, unless such resolution be rescinded at an annual meeting.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 election beyond four o'clock but not later than sunset.

[Con. School Law, tit. VII, § 15,
Con. School Law, tit. VIII, § 14 consolidated. (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 appointment 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, § 14, sub. 4, p. 15.
Con. School Law, tit. VIII, § 14 consolidated. (Con. School

Law, pages 33, 36, 72, SS 14, 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 clerk. The persons having the highest number of votes respectively 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 relating to the election of officers different from those herein prescribed.

[Con. School Law, tit. VII, § 14, 15,
Con. School Law, tit. VIII, § 14 consolidated. (Pages 33,

36, 72, SS 14, 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 was adopted. [Con. School Law, tit. VII, part of § 18 rewritten without

change in substance. (Con. School Law, page 39, § 18.)]

ARTICLE VI.

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.
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.

5

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 aoquired 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 condemnation of less than the whole of a city or village lot with the erections and improvements thereon.

The provisions of this section apply to districts organized under special law. [Con. School Law, tit. IX, $S 1, 2, 3, 4, 5. (Pages 84-5,

SS 1-5.)]

§ 131. When owner's consent necessary.-The following property cannot be acquired without the consent of the owner:

1. A homestead occupied as such by the owner.

2. A garden, orchard, vineyard, or any part thereof, not within a city.

3. A yard or inclosure, or any part thereof, necessary to the use or enjoyment of buildings.

4. Fixtures or erections for the purposes of trade or manufac

[blocks in formation]

[Con. School Law, tit. IX, $ 2, rewritten. (Page 85, § 2.)]

§ 132. When site may be changed.—A site upon which a schoolhouse has been erected, or is in process of erection, shall not be changed, nor such house be removed, except upon the condemna. tion by the commissioner, or upon the adoption of a resolution by a special district meeting, and the written approval of the commissioner. Such resolution must describe the new site by metes

and bounds.

[Con. School Law, tit. VII, § 19, rewritten. (Page 39, $ 19.)]

§ 133. Sale of former site.—When a site is changed a district meeting may direct the sale of the former site, and of the buildings and appurtenances, or any part thereof, and fix the price and terms of sale. A conveyance may be executed by the trustee. If & credit on the sale is authorized, the trustee may take a bond and mortgage in his name, as trustee, and the amount of such security shall be deemed moneys of the district in his hands. The trustee or a successor may maintain an action to recover such amount and enforce the security.

[Con. School Law, tit. VII, § 20, rewritten. (Page 40, § 20.)]

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