justice or judicial officer may determine, not exceeding two years. St. 1853, c. 343, § 2.

46. This act shall take effect in any city, as soon as it may be accepted by the city council of said city, by concurrent vote of the two branches thereof. Stat. 1853, c. 343, § 3.

1.

IV. STATE SCHOLARSHIPS.

Forty-eight State scholarships

established.

2. Commonwealth to be divided by board of education into forty sections.

3.

Selection of Scholars.

4.

Same Subject.

5.

lections.

6. Allowance to such scholars at any college in the Commonwealth. 7. Vacant scholarships how filled. 8. Allowance to such scholars attending State Normal schools. 9. Scholars to teach in public schools

Times of meeting for making se- or forfeit $100 a year.

1. Forty-Eight State scholarships are hereby established, to aid in educating and training young men for the office of principal teacher in the high schools of the Commonwealth. Stat. 1853, c. 193.

2. Each county in the Commonwealth shall, in the year one thousand eight hundred and fifty-four, again in the year one thousand eight hundred and sixty-one, and every ten years thereafter, be divided by the board of education,, according to its population as determined by the last preceding census, as equally as may be conveniently done, into as many sections as such county is entitled to senators in the General Court, except Duke's county and Nantucket, which shall form one section, and all the sections shall be arranged by said board into four classes, of ten each, each of which classes of sections shall be entitled, alternately, once in every four years thereafter, beginning in the year one thousand eight hundred and fifty-four, to one scholarship for each of its sections; and the year in which each class of sections is to be entitled to scholarships shall be designated by the board of education by lot, and notice

thereof shall be given by the secretary of the board through the mail, to the school committee of each town in such class. 3. The school committee of every town, in each class of sections, may, in the year designated as aforesaid, recommend, as candidates for scholarships, one or more young men,inhabitants of their town, who, in their opinion, and in the opinion of a competent teacher, to be certified in writing to the board of education, will be well fitted for college at the commencement next succeeding, and the board of education, together with the senator or senators for the time being, who shall reside within the limits of any section of such class, shall, in the manner hereinafter provided, select from the candidates so recommended, one in each section whom they shall judge most deserving and most likely to become useful as a teacher, who, when selected, shall be the scholar for such section. If no senator shall reside within the limits of any particular section, the board of education shall make the selection for that section, and in case any section in such class shall have no candidate suitable to be selected as aforesaid, his place may be filled by said board from the other candidates, recommended as aforesaid, from other sections of the same class; and if from a deficiency of candidates possessing the proper qualifications, in any class of sections, less than ten scholars be selected therefrom as aforesaid, the board may complete the number from the State at large; and the selection shall be made, in that case, after a careful examination as to scholarship, conducted by the board of educa

tion.

4. If, after selection of ten scholars from any class of sections, there shall be other candidates from such class recommended as aforesaid, who shall be considered by the board of education as possessing the requisite qualifications, said board may select therefrom two additional scholars, and in default of such candidates from

such classes, they may select such additional scholars from the State at large, in the manner provided for that case in the third section of this act. All candidates shall be persons of irreproachable moral character, free from any considerable defect of sight or hearing, in good health, and of a healthy constitution.

5. Meetings shall be held at the office of its secretary by the board of education, and the senators of the respective sections aforesaid, at such times, in the month of June next, and in the month of March in each year, thereafter, as the board shall appoint, of which its secretary shall give due notice, at which meetings the selections hereby required to be made by the board and such senators, shall be made. The selections to be made by the board alone may be made at the same time, or at other times in the same year.

6. Any scholar, so selected, may be educated at either of the colleges now established by law within this Commonwealth, which he and his friends may select, and the board of education shall pay to him at the end of each year of his college course, not exceeding four years, the sum of one hundred dollars, provided he shall produce, from the president, for the time being, of such college, a certificate that he has been, during the year, faithful in his studies, exemplary in his deportment, and that he ranks in scholarship, among the first half of his class.

7. If any scholarship shall become vacant during the term for which its scholar was selected, the vacancy may be filled in the manner provided by this act for the original selection, and the board of education shall take all the measures necessary for the filling of such vacancy in the manner aforesaid.

8. If any such scholar, after leaving college, shall desire to attend one of the State Normal Schools, he shall be allowed the sum of twenty-five dollars for each term,

not exceeding two, during which he shall attend such school, to be paid to him by the board of education, upon his producing from the principal master of such school a certificate of attendance, and of his faithful and exemplary performance of the requirements of such school; provided, however, that such allowance be made only out of any unexpended balance of the funds provided by this

act.

9. Any scholar who shall have enjoyed the bounty of the Commonwealth in the manner provided by this act, shall teach in the public schools of the Commonwealth a term of time equal to that for which he shall have received such bounty; and in case he shall fail so to teach, if in competent health, he shall pay to the treasurer of the Commonwealth, at the rate of one hundred dollars a year for the time he shall fail so to teach, with interest thereon from the end of his college course, which may be recovered by the treasurer in an action at law; and, when received, shall be added to the appropriation made by this act,and applied to the same purposes; provided, that such scholar shall be under no obligation to make such payment, if he shall prove, to the satisfaction of the board of education, that his failure so to teach has arisen from his inability to find employment.

10. The sums of twelve hundred dollars for the year commencing July first, one thousand eight hundred and fifty-four, twenty-four hundred dollars for the year commencing July first, one thousand eight hundred and fiftyfive, thirty-six hundred dollars for the year commencing July first, one thousand eight hundred and fifty-six, and forty-eight hundred dollars annually thereafter, are hereby appropriated for the accomplishment of the purposes of this act, under the direction of the board of education; the said sums to be deducted from the proceeds of the public lands or the school fund, according to the provisions

of the act of the year one thousand eight hundred and forty-six, chapter two hundred and nineteen; and the governor, upon the requisition of the board of education, shall draw his warrants therefor.

IV. SCHOOL DISTRICTS.

1. To be corporations for certain warrant for an annual town meeting, purposes.

2. Same Subject.

3.

4.

Formation of, in each town. Restriction as to redistricting. 5. Construction of Stat. 1849, c. 206. 6. Proceedings when a town divided into school districts shall abolish the

same.

7. Proceedings where district school houses are erected at the common expense of the town.

8. Provisions of former law extended to lands and property connected and used with school houses.

9.

School districts to be discontinued at discretion of school committee unless town vote otherwise.

10. Towns have no power to alter limits of districts, &c.

11. May do it to a certain extent.

12. What power given to towns to define limits.

towns can authorize school districts to choose prudential committee.

24. Additional members of prudential committee can be chosen at an adjourned meeting of the district.

25. A majority of a prudential committee may lawfully do official acts.

26. School district bound by the acts of its prudential committee, though the vote under which they acted, was not passed at a legal meeting.

27. Clerk shall be chosen and sworn, who shall keep records, &c.

28. Clerk of a school district once duly sworn can continue to act without again taking the oath upon his re-election.

29. Clerk of a school district out of office cannot amend his records.

30. School district can act only in its corporate capacity, &c.

31. Acts done at a meeting of a school district illegally called can not

13. How districts must be consti- bind it, &c. tuted.

14. Power conferred on towns to determine limits of school district, how executed.

15. Can not form a portion of a town into a school district.

16. When parol evidence is admissible to show, &c., and what inference may a jury draw.

17. Prudential committee in each district.

18. Vacancy in prudential committee may be filled by school district at regular meeting.

19. When districts may choose their prudential committees.

20. Prudential committees agents for town.

21. The prudential committee man chosen by a school district pursuant to a vote of the town not liable to the district for money received out of the treasury of the towns.

22. Prudential committee how chosen by the districts.

32. Clerk may act as such, though he has removed into an adjoining district.

33. Districts may raise money for the erection of houses and other purposes.

34. Same subject.

35. What facts, warrant a jury in finding an acceptance and ratification by the district of the acts of a building committee.

36. School districts may raise money for the purchase of school libraries, &c.

37. Clerk liable only for want of integrity; district, for illegality in assessing taxes.

38. Selectmen, to determine the places for school houses, in case, &c.

39. If prudential committee is not chosen, town committee shall perform his duties.

40. Towns may provide school houses, &c., at common expense. 41. Where personal and real es

23. Under the general article in a tate may be taxed.