Laws of New Hampshire, relating to common schools, with forms of proceedings and decisions

Front matter

LB

LAWS

NEW HAMPSHIRE

Contents

CHAPTER CHAPTER CHAPTER

Districts.

CHAPTER CHAPTER

Chapter I. School Money

1. Amount required by law.

2. Town may raise more.

3. How applied.

4. How assigned.

5. Ward's tax.

6. Neglect of selectmen to assess,

etc., penalty.

7. Misapplication ot money, pen-

alty.

8. District may raise additional

money.

9. Literary fund, how established. 10. Savings-bank tax added to literary fund.

11. Literary fund, how distributed.

12. Literary fund, unincorporated

places not to receive unless.

13. Literary fund, how applied.

14. Literary fund, penalty for misap-

plication.

15. Literary fund paid to college

grant, when.

16. School fund established.

17. School fund, income how applied.

18. Dog tax.

19. Railroad tax.

20. Penalties recovered to be added

to school money.

§ 1. Amount required by laav. The selectmen in each town shall assess, annually, upon the polls and ratable b SCHOOL MONEY.

estate taxable therein, a sum to be computed at the rate of three hundred and fifty dollars for every dollar of the public taxes apportioned to such town, and so for a greater or less sum. — G. L., c. 85, § 1, p. 205.

The selectmen are bound to assess the amount required by law, whether the town votes to raise it or not. —Tucker v. Aiken, 7 X. H., 128.

When the town fails to act, the selectmen are bound to make their assessment, and commit the same to the collector seasonably. They shouki also require liim to collect and pay over the money within a reasonable time. Having done this in good faith, it has never been the understanding in this state that it was their duty to borrow money on the credit of the town for school purposes, or to pervert trust funds to"^such use, or to so appropriate the funds of the town raised or collected for other, or even for general, purposes.

§ 2. ToAvx MAY RAISE MORE. The towii, at any legal meeting for the purpose, may raise a sum exceeding the amount aforesaid, which shall be assessed in the same manner. — G. L., c. 85, § 2, p. 205.

Where " the vote not having in terms appropriated any particular sura for schools, any portion of it intended for that purpose must be taken to be in addition to the sum the selectmen were required to assess." — Tucker i\ Aiken, 7 X. H., 129.

Xo money shall be raised or appropriated at any special town-meeting, except by vote by ballot, nor unless the ballots cast'at such meeting shall be equal in iimnber to at least one half of the number of legal A-oters borne on the check-list of said town at the last annual or biennial election next preceding such special meeting, -ind such check-list may be legally used at said meeting upon tlie request of ten legal A'Oters of the town. — G.'L,, c. 37, § 4, p. 112, as amended by Laws of 18S1, c. 69, § 2, p. 4S-5.

§ 3. How APPLIED. Such sum, when collected, shall be appropriated to the sole purpose of keeping an English school or schools within such town, for teaching reading, writing, English grammar, arithmetic, geography, together with such other branches of English education as are adapted to the advancement of the school, including the purchase of necessary fuel for the school, and occasional repairs, as specified in this title. — ^G. L., c. 85, § 3, p. 205.

The school board of each town may use a portion of the school money, not exceeding twenty -five per cent thereof, for the purpose of conveying scholars to and from school. — Laws of 1885, c. 43, § 6, p. 2.53 ; see c. 5, § 2, post.

The superintending school committee [school board], and selectmen in the several towns in the state are authorized to purchase, for the use of their common schools, copies of the map of Xew Hampshire, not exceeding one copy for each school, and pay for the same out of any money appropriated for school purposes. — G. L., c. 89, § 13, p. 217 ; see § 13, post.

§ 4. IIow ASSIGNED. The selectmen shall assign to each district a proportion of the money thus assessed, according to the valuation of the district for the year, or in such other manner as the town, at the annual meeting, shall direct, and shall pay over the same to the prudential committee of the district.— G. L., c. 85, § 4, pp. 205, 206.

Where the town is one district, under Laws of 1885, c. 43, the duties of prudential committee devolve upon the school board, and the money should be paid to such board.— Laws of 1885, c. 43, § 4.

Where there are one or more districts in the town not abolished by the law of 1885, the selectmen should apportion tlie money raised among the several districts and pay over the saiue to the proper officers.

The power of selectmen to apportion school money among the several school districts in a town is a continuing power, to be exercised from time to time whenever it inay be necessary from changes made in the district, in oi-der to give to each district the benefit of the tax paid bv its members.— School District r. Sanborn, ^r) N. H.,34.

The selectmen, after the money has been paid to the prudential committee, have no legal interest, and can maintain no action for it or in reference to it. School District v. Sherburne, 48 X. H., .56.

The selectmen should draw an order upon the town treasurer for the amount of money belonging to the district, as all disbursements of town money must be made hy the ti'easurer in accordance with the following provisions:—

Every collector of taxes shall, on the first Saturday of every month, pay into the town treasury all moneys by him collected uj) to that time, and shall submit his tax-book and list to the treasurer of said town for his inspection and computation. The treasurer shall give a receipt to the collector for all money paid by him to the treasurer, who shall make all the disbursements thereof under the written authority of a majority of the selectmen, and all money received by the selectmen shall be paid by them immediately to the treasurer, who shall give them a receipt therefor, and his ofticial bond shall be holden for the safe keeping and disbursement of the same, as in this section provided for the disbursement of money received from the collector of taxes, and the selectmen and toAvn treasurer shall in all cases keep sepai-ate accounts of all money received and paid by them, and all money hired for the use of anj' towni^ or received from any source, except that collected by the collector of taxes, shall be received by the selectmen, and be paid by them immediately to the treasurer. — G. L., c. 40, § 9, pi). 117, 118; see also School District v. Morrill, 59 N. H., 367.

§ 5. Ward's tax. When the guardian and ward reside in the same town, the selectmen shall assign the tax assessed upon the ward's personal property to the school district in which the ward lives and has his home. — G. L., c. 85, § 5, p. 206.

§ 6. I^EGLECT OF SELECTMEN TO ASSESS, PENALTY. If the

selectmen of any town neglect to assess, assign, or pay over the school money as aforesaid, they shall pay for each neglect a sum equal to that so neglected to be assessed, assigned, or paid over, to be recovered by action of debt, in the name and for the use of the district, by the prudential committee [ school board]. — G. L., c. 85, § 6, p. 206.

This provision applies to school money raised by taxation. The selectmen are bound to assess the amount required by law, whether the town votes to raise it or not.

Every boai'd of selectmen that neglects to assess, assign, and pay over, is liable, under this provision; but the supreme court have decided that the phrase "paj'' over," in connection with the provisions of § 6, anfe, means " draw an order in writing on the ti'easurer." — School District v. Morrill, 59 N. H., 367.

This does not applj^ to the literary fund, railroad money, and dog tax, till they have been duly appropriated for school purposes by vote of the town.— lb.

In districts composed of the whole town, under the laws of 1885, c. 43, the duties of prudential committee devolve upon the school board of such district, and the action against the selectmen should be brought by the school board.

§ 7. Misapplication, penalty. If the money so assigned and paid over to the prudential committee of any district is not expended by him according to law, he shall be lined a sum not exceeding twice the sum so unexpended or not legally expended, for the use of the district.— G. L., c. 85, § 7, p. 206.

As the school board of town districts have all the duties of prudential committees to perform, the members of the boai-d would be liable under the section for expending the school money Improperly.

If the prudential committee of a school district receive the money assigned to the district for the support of schools, and neglect to appropriate it to that use, the district, after his term of office has expired, may recover the money of him in an action for money had and received.— School District V. Sherburne, 48 N. H., 52.

The criminal prosecution is not intended as a remedy for the district to enforce their rights. The law does not leave it to the option of the school district whether the money assigned to them shall be applied to the support of schools. It is a matter of general public concern; and the design of the criminal prosecution is, not to take from school districts the right to recover their money from the delinquent committee by the ordinary legal remedy, but to compel school districts and school committees to appropriate the money raised for that purpose to the support of schools, in accordance with the policy of the law which imposes the duty of providing instruction in the public schools, whether the districts desire it or not. — 76.

No court has yet held that this money can be used to pay counsel fees in the suits brought to recover, or in the prosecution of criminal proceedings, or to pay other debts of the district.

§ 8. District may raise additional money. Any district may raise money for the support of schools, in addition to the tax required by law, and to pay debts of the district, which, on certificate by the clerk, shall be assessed and collected as other school taxes. — G. L., c. 86, § 18, p. 208.

For any error of law or fact in the assessment, for which a person is entitled to relief, he has a remedy by appeal, mandamus, or other direct proceeding, aimed at the correction or reversal of the assessment; and for such an error he cannot maintain an action for damages against selectmen who acted in good faith. Selectmen are not liable for assessing a tax in pursuance of an unconstitutional act of the legislature, or an illegal vote of the town.— Edes v. Boardman, 58 N. H., 580.

The doctrine of Edes v. Boardmaii applies to tlie assessment and collection of taxes for school district purposes. — Locke v. Pittsfleld, decided June Term, 1884,

It is not the duty or right of selectmen to inquire into the legality of the vote of a school district to raise money ; hut when such vote is certified to them by the district clerk, they should assess the tax, and a mandamus lies to enforce performance of that duty, — School District v. Carr, decided June Law Term, 1884, overruling Rogers i\ Bowen, 42 N. H,, 102.

§ 9. Literary fund established. Every banking corporation shall pay to the treasurer, on or before the second Wednesday of June annually, one half of one per cent on the amount of the actual capital stock of the bank at that time. The sums so paid shall constitute a fund to be called the literary fund, and shall be kept and accounted for by the treasurer. — G. L., c. 94, § 1, p. 226.

§ 10. Savings-bank tax added. All sums of money hereafter received from the tax on deposits in savings banks by non-resident depositors, or depositors whose residence is unknown, shall be added to and constitute a part of the literaiy fund, and shall be kept, accounted for, managed, assigned, and distributed according to the provisions of law applicable to the literary fund. — G. L., c. 94, § 4, p. 226.

§ 11. How ASSIGNED. The treasurer shall assign and distribute, in June annually, the literary fund among the several towns and places, according to the number of scholars of such towns and places, not less than five years of age, who shall, by the last report of the school committee [school board] of the several towns and places returned to the superintendent of public instruction, appear to have attended the district common schools in such towns and places for a time not less than two weeks within that year. — G. L., c. 94, § 5, p. 226.

§ 12. Unincorporated places. No unincorporated place shall receive such portion until a treasurer or school agent shall have been chosen to receive and appropriate the same in the manner hereinafter directed. — G. L., c. 94,

§ 13. How APPLIED. The money received by any town or place shall be applied to the maintenance of common schools, or to other purposes of education, in addition to the sums required to be raised by law, and in such manner as the town shall direct, but no district in which no school shall be kept at any time during the 3'ear shall receive any part of said money. — G. L., c. 94, § 7, p. 227.

The superinteufling school committee [school boardj and selectmen are empowered to expend, at their discretion, for the use of the schools, one fifth part of the literary fund, which may annually he assigned any city or town, in the purchase or repair of blackboards, maps, charts, globes, dictionaries, or any apparatus which, in their judgment, will advance the educational interests of said schools ; and that any nnexpended portion of such fifth part on hand the first day of March annually, shall then be passed to the credit of the general school fund of such city or town for the support of schools in same during current year. — Laws of 1879, c. 53, § 1, p. 3G5.

Under the Laws of 1885 the school board takes the place of superintending school committee. The school board and selectmen would expend the money for the purposes above indicated.

§ 14. MiSAPPLiCATiox. If any town or incorporated place, or the agent of any unincorporated place, shall apply any sum of money so received to any other purpose than as aforesaid, the town, place, or agent so offending shall refund double the sum so misapplied. — G. L., c. 94, § 8, p. 227.

§ 15. College grant, etc. The treasurer, in the month of June annually, shall pay the literary fund assigned to the Second College Grant and Wentworth's Location, to the prudential committee or agent of said grant and location, when duly authorized by the inhabitants therein, which shall be applied to the maintenance of common schools. — G. L., c. 94, § 9, p. 227.

§ 16. School fund from sale of state lands. The proceeds of the sale of the state lands, effected under the authority of a joint resolution ap[)roved June twentyeighth, eighteen hundred and sixty-seven, shall be, and the same hereby are, set apart as a school fnnd. — G. L., c. 94, § 10, p. 227.

§ 17. Income of school fund, how applied. The annual income of the said fund shall be a])plied to the purposes of common-school education, in such way and manner as the legislature may from time to time determine.— G. L., c. 94, § 11, p. 227.

The annual income of this fund under Laws of 1883, c. 73, § 4, is set apart for the support of teachers' institutes. — See c. 8, § 11, post.

§ 18. Dog tax. All money arising from the taxation of dogs, remaining in the treasury of any town or city on the iirst day of April, annually, which has not been ordered to be paid for damages to domestic animals, agreeably to the provisions of this chapter, may be applied to the support of schools, or retained in the treasury of the town or city for the purpose of paying damages done to domestic animals, according to said statute, as the town or city council shall by vote determine. — G. L., c. 115, § 18,*^ p. 282.

The town and not the selectmen must determine wliether the money shall be applied to the support ot schools or not. — School District v. Morrill, 59 N. H.,367.

§ 19. Railroad tax. The state treasurer shall pay to each town its proportion of each railroad tax, whenever the same shall have been ])aid to him, to be appropriated as other town money. — G. L., c. 62, § 8, p. 160.

LTnder the provisions of this section towns may apply the whole or a part of the railroad money received from the state to the support of common schools.

A district being a corporation may take and hold property in trust for the support of schools in the district.

§ 20. Penalties recovered added to school fund. The selectmen and school boards must pay the penalties recovered by them, in the name of and at the ex[>ense of the town, under G. L., c. 91, §§ 16, 18, p. 228, to the school district in which the penalties were incurred, and the same must be added to the school money thereof. — See c. 7, § 20, post.

SCHOOL DISTRICTS.

CHAPTER 11.

SCHOOL DISTRICTS.

1. Town to constitute single dis-

trict.'

2. Town to take possession of dis-

trict property.

3. Records of districts abolished to

be preserved.

4. First meeting of town district,

how called. 6. Districts holding funds, act not to apply to, to prevent retaining funds.

6. District system may be re-estab-

lished after five years.

7. Laws in relation to scliool dis-

tricts so far as consistent to continue in force.

8. Special school districts may unite

with town district.

9. Powers of districts.

10. May hire money.

11. Tax to pay for money hired.

12. Scholars may be furnished with

school books.

13. Regulations to be made respect-

ing school books.

14. District may insure buildings.

15. District may raise additional

money for schools.

16. May admit scholars from other

districts.

17. Scholars may be classed by dis-

trict.

18. School board may class if district

neglect.

19. Districts may unite in support of

schools.

20. Joint schoolhouses.

21. Corporate powers of districts to

continue.

22. Districts deemed in what town.

23. Powers of town officers in such

cases.

24. Joint districts entitled to school

money.

25. Pupils may be conveyed to

school.

26. Pupils may be sent to adjoining

districts.

27. Money for conveyance of pupils

expended by whose order.

§ 1. Town to constitute a single district. The division of towns into school districts heretofore existing is hereby aboUshed, and each town shall hereafter constitute a single district for school purposes ; jn^odded, hoivever, that districts organized under special acts of the legislature may retain their present organization. — Laws of 1885, c. 43," §1, p. 252.

§ 2. Town to take possession of district property. Each town shall forthwith take possession of all the schoolhouses, lands, apparatus, and other property owned and used for school purposes l)y the said districts liereby abolished, which said districts might lawfully sell or convey. The property so taken shall ])e appraised l)y the assessors of the town, and at the next annual assessment a tax shall be levied upon the Avhole town equal to the amount of the whole appraisal; and there shall be remitted to the tax-payers of each district the said appraised value of its property so taken. In the case of a union district, the fractional parts of which belong to different towns, the selectmen of such towns shall, acting together, appraise the school property of such union district, abolished under the provisions of this act, and shall make an equitable apportionment of the property and debts of such district, and lind the balance equitably due from either of said towns to any of said towns, and order such balance to be paid within a time to be by them limited ; and whenever such selectmen sliall fail to agree upon the apportionment of the property and debts of such union district, they shall choose a referee, whose decision shall be final.— Laws of 1885, c. 43, § 2, p. 252.

§ 3. District records to be preserved. The records of the districts hereby abolished shall be preserved by the town, and returned to the several districts whenever the town shall vote to return to the district system, under the provisions of section 8 of this act. — See § 6, jwst ; Laws of 1885, c. 43, § 3, p. 253.

§ 4. First meeting of town district, how called. The first meeting of such district so composed of the whole town by virtue of this act, shall be called by the selectmen of such town ; and the clerk of such town shall act as the clerk of such district until the clerk of such district is chosen and qualified, — Laws of 1885, c. 48, § 5, p. 253.

§ 5. Districts holding funds. The provisions of this act shall not be applied to school districts holding funds for school purposes, in such manner as to prevent said districts from retaining and enjoying the benefit of said funds. — Laws of 1885, c. 43, § 7, p.^253.

§ 6. District system may be re-established after FIVE YEARS. Any town, after five years from the time this act goes into effect, may, by a majority vote of all the voters of the district, re-establish the district system in such town, and shall thereafter be subject to the same laws as are now in force in this state in relation to school districts. — Laws of 1885, c. 43, § 8, p. 253.

§ 7. Laws in relation to school districts so far

AS CONSISTENT TO CONTINUE IN FORCE. The provisious of

the General Laws heretofore enacted in relation to school districts and schools shall be in force so far as the same are consistent with this act, and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed, and this act shall take effect and be in force from and after March 1, 1886. — Laws of 1885, c. 43, § 9, p. 253.

§ 8. Special school districts may unite with town DISTRICT. That any school district organized under a special act of the legislature may, by a major vote of the qualified voters present and voting at a legal meeting duly warned for the purpose, abolish such district and unite with the town district. — Laws of 1885, c. 89, § 1, p. 286.

§ 9. Powers of districts. School districts that have exercised the privileges of a district for a year shall be presumed to be legally organized ; and all districts legally organized shall be corporations with power to sue and to be sued, to hold and dispose of real and personal property for the use of the schools therein, and to make necessary contracts relating thereto. — G. L., c. 86, § 14, p. 208.

School districts, being enabled by law to sue and be sued, bave the power to appoint and instruct agents to prosecute and defend, and may, lawfully instruct them to Avithdraw defenses and confess judgment. — Deniston v. School District, 17 N. H., 4f»2.

Thej- have the powers expressly granted them, and such implied powers as are necessary to enable them to perform their duties, and no more. — Bell, J., in Harris v. School District, 28 N. H., (52.

A school district can hold lands in trust for the support of schools, but not for the support of the ministry. — Chapin v. School District, 35 N. H., 445.

Tax-payers are not parties to the suits of districts, nor bound by a judgment therein, and may proceed in equity to set aside a judgment, if collusive, or to be protected against it, if it be likely to be made the instrument of injustice and oppression towards them. — Woods, J., in Barr v. Deniston, 19 N. H., 180.

§ 10. May hire money. Any district may hire money for building their schoolhonses, not exceeding four lifths of the cost thereof, which shall be payable within five years, in equal portions, with the interest. — G. L., c. 86, § 15, p. 208.

The form of a note of a district may be : —

,188 .

For value received, the school district of the town of

promises to pay C I) or order dollars, , •

with interest annually.

School district of the town of ? ^^y its committee duly

authorized.

E. F.

G. H.

I. J.

A person taking a note in this form should satisfy himself of the legality of the proceedings of the district.

Where an agent assumes to bind another by a promissory note, when he has no authority to do so, and his language, stripped of what he had no right to place there, imparts a promise by him personally, he is himself bound as the promisor. — Weare v. Gove, 44 N. H., 19(5.

§ 11. Tax to pay for money hired. The selectmen, on application of tlie creditor, and on the filing of a copy of the vote and note of the district, may, in each annual tax, assess on the district one fifth of such debt and the interest, and cause the same to be collected and, paid to the town treasurer, who shall pay the same on demand to the creditor. — G. L., c. 86, § 16, p. 208.

§ 12. Scholars may be furnished with school books. Any town or any district, at any lawful meeting, may raise money by taxation or otherwise for supplying the scholars in the common schools with suitable school books free of charge. — Laws of 1883, c. 46, § 1, p. 30.

§ 13. Regulations in regard to school books. Any town or any district may by vote establish suitable regulations in respect thereto ; and it shall be the duty of the school committee [school board] to provide such regulations in case the town or district fails to do so. — Laws of 1883, c. 46, § 2, p. 30.

§ 14. To INSURE BUILDINGS. Anj school district may procure its buildings and property to be insured against fire, and raise money therefor, and by their agent give their premium note ; but no part of the school money required to be raised l)y law shall be taken to pay for insurance. — G. L., c. 86, § 17, p. 208.

§ 15. Districts may raise money for schools. Any district ma}' raise money for the support of schools, in addition to the tax required by law, and to pay debts of the district, which, on certificate of the clerk, shall be assessed and collected as other school taxes. — G. L., c. 86, § 18, p. 208.

The vote can be reconsidered (and at an adjourned meeting), and if reconsidered before the assessment, and tlie selectmen certitied of the fact, they have no power to assess the tax. —Mitchell r. Bi-own, 18 N. H., 315.

When such a vote is reconsidered or rescinded, the clerk ought at once to certify the facts to the selectmen.

Fees ot county commissioners for services are deemed debts. — G. L., c. 88, §8, p. 214; c. 4, §8, post.

§ 16. May admit scholars from other districts.

Each district may determine upon what terms scholars from other districts or towns may be admitted into their schools. If the district neglect to make such determination the prudential committee [school board] may do it.— G. L., c. 86, § 19, p. 208.

A temporary residence, merely for the purpose of attending school, gives no right to attend against the will of the district.— School District f. Bragdon, 23 N. H., 516; see c. 7, § 1, 2>ost.

§ 17. Scholars classed. Any district may, by vote or by a committee, divide the scholars according to their age, acquirements, and residence, or either, and direct under what teachers they shall be instructed. — G. L., c. 86, § 20, p. 208. See also G. L., c. 91, §§ 3, 5 ; c. 7, §§ 4, 5, post.

§ 18. School board may class if district neglects. If a district refuse or neglect to make such division, it may be made by the school committee [school board]. — a. L., c. 86, § 21, p. 208.

§ 19. Districts may unite in support of schools. Two or more contiguous districts in the same or different towns may, by concurring votes, unite in the support of their schools, and the school money of such districts may be expended in the support of schools kept in either district, agreeably to such votes. — G. L., c. 86, § 22, p. 208.

§ 20. Joint schoolhouses. While such schools are so united, either district may raise money to build, repair, or remove schoolhouses and their appurtenances in either district. — G. L., c. 86, § 23, p. 208.