teaching school

cate.

sum not less than twice, nor more than four times the amount Penalty for of such failure or deficiency. And any person who shall without certifi-teach any school required by this Act, without producing prior to his commencing the same the certificates required by this Act, shall forfeit and pay seventy-five cents for each day he shall so teach such school, and shall be barred from recovering of any town, plantation, or person, any pay for teaching such school.

Penalties how

Jurors as to

SEC. 6. Be it further enacted, That all forfeitures and pento be recovered. alties for a breach of this Act, shall be recovered by indictment or information, before any Court of competent jurisdicDuty of Grand tion; and it shall be the duty of all Grand Jurors, to make this Act. due presentment thereof, in all cases that shall come to their knowledge, and such penalty when recovered, shall, in all instances be paid into the treasury of the town, or plantation where the same was incurred for the support of schools therein, in addition to the sum annually required to be raised by this Act, and the cost of prosecution into the county treasury. And if any town or plantation shall neglect for the space of one year so to appropriate and expend any fine or penalty, they shall forfeit the same, to be recovered in an action of debt to the use of the person who may sue therefor.

Each town and plantation may

number and

SEC. 7. Be it further enacted, That the several towns and determine the plantations, be, and they hereby are authorized and empowlimits of school ered to determine the number, and define the limits of school districts. districts within the same; and each and every school district Districts made in this State is hereby made a body corporate, with power to

corporations.

School districts

ey for sundry purposes,

sue or be sued, and to take and hold any estate, real or personal, for the purpose of supporting a school or schools therein, and to apply the same agreeably to the provisions of this Act, independently of the money raised by the town for that purpose.

SEC. 8. Be it further enacted, That the inhabitants of any may raise mon- school district, qualified to vote in town affairs, be, and they hereby are empowered, at any district meeting called in manner hereinafter provided, to raise money for the purpose of erecting, repairing, purchasing or removing a school house and of purchasing land upon which the same may stand, and utensils therefor, and to determine where the said school house shall be erected or located in said district; and also to determine at what age the youth within such district may be admitted into a school kept by a master or mistress, and whether any scholars shall be admitted into such school from other school districts.

and direct as to adimission of scholars.

Mode of asses

sing and col

port of schools.

SEC. 9. Be it further enacted, That for the purposes aforclecting monies said, all lands, whether improved or unimproved, shall be taxraised for suped in the district in which they lie; and the Assessors of any town or plantation, shall assess in the same manner as town taxes are assessed on the polls and estates of the inhabitants composing any school district, in their town or plantation, and

on lands lying within the same, belonging to persons not living therein, all monies voted to be raised by the inhabitants of such district, for the purpose aforesaid, within thirty days af ter the Clerk of the district shall have certified to said Assessors the sum voted by the said district, to be raised as aforesaid. And it shall be the duty of said Assessors to make a warrant in due form of law, directed to one of the Collectors of their town or plantation, requiring and empowering said Collector to levy and collect the tax, so assessed, and pay the same, within a time limited by said warrant, to the Treasurer of the town or plantation, to whom a certificate of the assessment shall be made by the Assessors; and the money so collected and paid shall be at the disposal of the committee of the district, to be by them applied agreeably to the vote of their district as aforesaid. And such Collector in collecting such taxes shall have the same powers and be holden to proceed in the same manner, as is by law provided in collecting

town taxes.

and plantation

district taxes.

SEC. 10. Be it further enacted, That the Treasurer of any Powers of town town or plantation, who shall receive a certificate of the as- treasurers as to sessment of a district tax, shall have the same authority to enforce the collection and payment thereof, as of town or plantation taxes. And the Assessors of any town or plantation, shall have the same power to abate such district tax, as they have to abate a town or plantation tax. And the Assessors, Compensation Collector and Treasurer, shall be allowed by the school dis- of assessors. trict the same compensation for assessing, collecting and pay- treasurers. ing any district tax as they are allowed by the town or plantation for similar services.

collectors and

district meet

SEC. 11. Be it further enacted, That it shall be the duty of Mode of calling the Selectmen of any town, or Assessors of any plantation, up-ings. on application made to them in writing, by three or more freeholders residing within any school district, in such town or plantation, to issue their warrant, directed to one of the persons making such application, requiring him to warn the inhabitants of such district, qualified to vote in town affairs, to meet at such time and place in the same district as shall in the same warrant be appointed. And the warning aforesaid shall be by notifying personally every person in the district qualified to vote in town affairs, or by leaving at his usual place of abode, a notification in writing, expressing therein the time, place and purpose of the meeting, seven days at least before the time appointed for holding the same: Provided, That any town or plantation, at the request of such district, may, at any legal meeting thereof, determine the manner in which notice of future meetings in such district may be given. And such inhabitants so assembled, may choose a Moderator, and also when met. a Clerk, who shall be sworn faithfully to discharge the duties of his office before a Justice of the Peace, or before the Moderator, and it shall be the duty of such Clerk to make a fair

Proceedings

When a dis

trict refuses to raise money, the town or plantation may it on the dis

raise and assess

trict, and col

lect it.

If district cannot agree where school

house is to be

placed, select.
men.
decide.

me, &c. may

record of all votes passed at any meeting of the district, and to certify the same when required; and may also choose a committee to superintend the laying out and expending the money raised by such district agreeably to their vote, for the purposes aforesaid, to examine and allow such accounts as they may think proper, and to draw orders on the town or plantation treasury for the amount of the money raised.

SEC. 12. Be it further enacted, That whenever at any legal meeting of a school district, called for the purpose of raising money, for the erecting, repairing, purchasing or removing of a school house, or for purchasing land on which the same may stand, or for procuring utensils therefor, a majority of the vot ers present are opposed to the raising of money for any such purpose, it shall be lawful for the Selectmen of the town, or Assessors of the plantation in which such district is situated, on application in writing of any five or more freeholders, inhabitants of such school district, to insert in their warrant for calling the next town or plantation meeting, an article requir ing the opinion of the town or plantation, relative to such subject as proposed in the said district meeting; and if a majority of the voters present in such town or plantation meeting, shall think it necessary and expedient, they may grant a sum sufficient for any of the purposes aforesaid, to be assessed on the polls and estates in said school district, to be collected and paid as is in this Act provided.

any

SEC. 13. Be it further enacted, That when the inhabitants of school district cannot agree where to erect or locate a school house in their district, the Selectmen of the town or Assessors of the plantation, to which such district belongs, upon application made to them in writing by the committee of the district, chosen to superintend the building or purchasing of such school house, are hereby authorized and empow ered to determine on the place where such school house shall be erected or located.

[Approved March 15, 1821.]

:00:

CHAPTER CXVIII.

An Act directing the method of laying out, and making provision for the Repair and Amendment of Highways.

SEC. 1. BE it enacted by the Senate and House of RepresentCourt of Ses atives, in Legislature assembled, That when a new highway sions to lay out from town to town, or place to place, shall be wanting, or udged necessa where an highway already laid out, stated and established, notice given, may or can with greater convenience be turned or altered,

highways. ad.

ry, after due

upon application made to the Court of Sessions within the same county, and it being determined by them to be of common convenience or necessity, to have such new way laid out, or old way altered, due notice of such application having before such adjudication been given to the towns interest

o 3 or 5 free

are to give no

to the next

Committee to "estimate dam

same.

grieved, &c.

next Court for

ed, the said Court are hereby authorized and empowered by by committee warrant under the seal thereof, to appoint a committee of holders; who three or five disinterested freeholders in the same county, tice, &c. to lay out such highway; which committee shall give season- and to be unable notice to all persons interested, of the time and place of der oath their meeting; and they shall be under oath to perform the said service, according to their best skill and judgment, with most convenience to the public, and least prejudice or damage to private property. And they shall ascertain the place. and course of said highway in the best way and manner they can; which having done, they or the major part of them, to make return shall make return thereof, under their hands, to the next court. Court of Sessions to be held in the same county, after the said service is performed, that the same may be accepted, allowed and recorded, and afterwards known for a public highway: Provided always, That if any person be damaged in his property by the laying out or altering such highway, Cated the town where the same is, shall make such person or per- ages, &c. and sons reasonable satisfaction, according to the estimation of art the the committee, or the major part of them, who laid out the same and said committee, are empowered and required, under oath, to estimate the same and make return thereof as aforesaid. And if any person shall be aggrieved by the doings of the said committee in estimating damages, Persons age he may apply to the Court of Sessions, provided such may apply to application be made to the said Court that shall be held in a new commit the same county next after the acceptance of such return, and said Court is hereby empowered to hear and finally determine the same by a new committee, if the person complaining and the agent for the town in which the highway is laid out can agree thereon, or by a Jury under oath, if the person complaining desire the same: which Jury shall be summoned and attended by the Sheriff of such county or his deputy, or if he or either of his deputies be a party or interested, by a coroner of said county and shall be selected in Manner of semanner following, to wit: The officer who shall be duly au- Jury. thorized by said Court, shall make application to the Selectmen of two or more disinterested towns in said county, who shall draw out of the jury box of their respective towns so many Jurors as such officer shall require, not exceeding nine from any one town; and if by accident or challenge, there should happen not to be a full Jury, said officer shall fill the panel de talibus circumstantibus, as in other cases. And such officer shall make return of his own travel and attendance and that of each Juror. And if the Jury or committee agreed upon proceedings of as aforesaid, who are to be under oath, shall not increase the such Jury or damages, the person complaining shall be at all the costs in- Committee. curred on that occasion, to be taxed against him by said Costs how taxCourt, otherwise such costs shall be paid by the county, and ed. and increase the increase of damages shall be paid by the town in which paid. such highway is located.

tee, or Jury.

lecting such

of damages

Time allowed

to owner to take off wood, &c.

SEC. 2. Be it further enacted, That if the right or interest of any complainant in, or to the real estate alleged to be damaged by the laying out of such highway shall be denied by the town or corporation complained against, the jury summoned, or committee agreed on as aforesaid, shall have authority to consider and determine such question of right or interest so far only as respects the damages of said complainant.

SEC. 3. Be it further enacted, That committees and Jurors that shall assess damages occasioned by laying out any highway, shall give the owner of said land a reasonable time to take off the wood, timber or trees: and if the owner of such Forfeited if not land shall neglect to take off said wood, timber or trees, within the time set by said committee or jury, it shall be forfeited for the benefit of the road.

taken off.

Verdict or report to be final.

Persons injured may join, or sever, in complaints for damages.

Towns and corporations ag

grieved may committee or manner, as in

apply for new

jury in same

dividuals.

When owners

corporation

SEC. 4. Be it further enacted, That the verdict of such Jury or the report of the committee agreed upon as aforesaid, being made under their hands to said Court, and by them accepted and recorded, shall conclude the person or persons complaining with respect to the damages.

SEC. 5. Be it further enacted, That when two or more persons have occasion to apply to any Court of Sessions at the same time for joint or several damages occasioned by the laying of the same highway, they may join in the same complaint, and their respective claims of damages shall in that case, be considered and determined by the same Jury or committee, and the costs shall be taxed jointly or severally as the Court in their discretion may determine to be equitable. SEC. 6. Be it further enacted, That if any town or other corporation shall find themselves aggrieved by the doings of a committee of the Court of Sessions in any county, in estimating damages by virtue of this Act, such town or corporation may apply to said Court, and be allowed a Jury or committee to hear and finally determine their complaint, in the same manner, under the same limitations and conditions, as are provided in this Act in the case of an individual person.

SEC. 7. Be it further enacted, That when any person shall of land and be aggrieved by the doings of a committee in estimating damboth apply for ages, and shall apply to the Court having jurisdiction in this ry to by both behalf, and the town or corporation shall apply in like mancomplaints, ener, and both applications are or shall be pending before the

Jury, same Ju

same Court, then the same Court may hear and finally determine both applications, by one and the same Jury or committee, and not by two several Juries or committees and the party whose complaint shall appear to have been without just cause, shall be at all the costs incurred on that occasion, to be taxed against him by the Court: and the verdict of the Jury or the report of the committee agreed upon, being made under their hands to the said Court, shall be final.

SEC. 8. Be it further enacted, That the Court of Sessions