USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1870-1879 > Part 7
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Amendment .- Chap. 57, 1872, substituted for Sect. 27.
[SECT. 1. The school committee shall require the daily reading of some portion of the Bible, without written note or oral comment, in the public schools, but they shall require no
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scholar to read from any particular version, whose parent or guardian shall declare that he has conscientious scruples against allowing him to read therefrom, nor shall they ever direct any school books calculated to favor the tenets of any particular sect of Christians, to be purchased or used in any of the pub- lic schools. ]
SECT. 28. The school committee shall direct what books shall be used in the public schools, and no change shall be made in said books except by the unanimous consent of the whole board, unless the committee consists of more than nine, and questions relating to school books are intrusted to a sub- committee. In that case, the consent of two-thirds of the whole number of said sub-committee, with the concurrent vote of three-fourths of the whole board, shall be requisite for such change. If any change is made, each pupil then belonging to the public schools, and requiring the substituted book, shall be furnished with the same, by the school committee, at the cx- pense of said town.
SECT. 29. The school committee shall procure, at the ex- pense of the city or town, a sufficient supply of text-books for the public schools, and give notice of the place where they may be obtained. Said books shall be furnished to the pupils at such prices as merely to re-imburse the expense of the same. The school committee may also procure, at the expense of the city or town, such apparatus, books of reference, and other means of illustration as they deem necessary for the schools under their supervision, in accordance with appropriations therefor previously made.
Sror. 30. If any scaolar is not furnished by his parent, master or guardian, with the requisite books, he shall be sup- plied therewith by the school committee at the expense of the town.
SECT. 31. The school committee shall give notice in writing to the assessors of the town of the names of the scholars sup-
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plíed with books under the provisions of the preceding sec- tion, of the books so furnished, the prices thereof, and the names of the parents, masters or guardians, who ought to have supplied the same. The assessor shall add the price of the books to the next annual tax of such parents, masters or guar- dians ; and the amount so added shall be levied, collected, and paid into the town treasury, in the same manner as the town taxes.
SECT. 32. If the assessors are of opinion that any parent. master, or guardian, is unable to pay the whole expense of the books so supplied on his account, they shall omit to add the price of such books, or shall add only a part thereof, to his an- nual tax, according to their opinion of his ability to pay.
SECT. 33. In any town containing five hundred families in which a school is kept for the benefit of all the inhabitants as before provided, the school committee shall perform the like duties in relation to such school, the house where it is kept, and the supply of all things necessary therefor, as the pruden- tial committee may perform in a school district.
SECT. 34. The members of the school committee shall be paid in cities one dollar, and in towns one dollar and a half, each, a day. for the time they are actually employed in dis- charging the duties of their office, together with such addition- al compensation as the town or city may allow.
SECT. 35. Any town annually by legal vote, and any city by an ordinance of the city council, may require the school committee annually to appoint a superintendent of public schools, who, under the direction and control of said commit- tee, shall have the care and supervision of the schools, with such salary as the city government or town may determine ; and in every city in which such, ordinance is in force, and in every town in which such superintendent is appointed, the school committee shall receive no compensation, unless other- wise provided by such city government or town.
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Amendment .- Chap. 101, 1860.
[SECT. 1. The compensation of superintendents of public schools provided for in the thirty-fifth section of the thirty- eighth chapter of the General Statutes, passed December twenty-eighth, eighteen hundred and fifty-nine, shall in no case be less than one dollar and fifty cents for each day of actual service. ]
SECT. 36. Every town not divided into school districts shall provide and maintain a sufficient number of school- houses, properly furnished and conveniently located, for the accommodation of all the children therein entitled to attend the public schools ; and the school committee, unless the town otherwise direct, shall keep them in good order, procaring a suitable place for the schools, where there is no school-house. and providing fuel and all other things necessary for the com- fort of the scholars therein, at the expense of the town.
SECT. 37. Any town, at a meeting legally called for the purpose, may determine the location of its school-houses, and adopt all necessary measures to purchase or procure the land for the accommodation thereof.
SECT. 38. When land has been designated by a town, school district, or those acting under its authority, or deter- mined upon by the selectmen as a suitable place for the crec- tion of a school-house and necessary buildings, or for enlarg- ing a school-house lot, if the owner refuses to sell the same, or demands therefor a price deemed by the selectmen unrea- sonable, they may, with the approbation of the town, procced to select, at their discretion, and lay out, a school-house lot, or an enlargement thereof, and to appraise the damages to the owner of such land in the manner provided for laying out highways and appraising damages sustained thereby ; and upon payment, or tender of payment, of the amount of such dama- ges, to the owner, by the town, the land shall be taken, held, and used, for the purpose aforesaid. But no lot so taken or
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enlarged shall exceed, in the whole, eighty square rods, ex- clusive of the land occupied by the school buildings.
SECT. 39. When the owner feels aggrieved by the laying out or enlargement of such lot, or by the award of damages, he may, upon application therefor in writing to the county commissioners within one year thereafter, have the matter of his complaint tried by a Jury, and the Jury may change the location of such lot or enlargement, and assess damages there- for. The proceedings shall in all respects be conducted in the manner provided in cases of damages by laying out highways. If the damages are increased, or the location changed, by the jury, the damages and all charges shall be paid by the town ; otherwise the charges arising on such application shall be paid by such applicant. The land so taken shall be held and used for no other purpose than that contemplated by this chapter, and shall revert to the owner, his heirs or assigns, upon the discontinuance there, for one year, of such school as is re- quired by law to be kept by the town.
SECT. 40. The school committee of a town in which the school district system has been abolished, or does not exist, shall have the general charge and superintendence of the school-houses in said town, so far as relates to the use to which the same may be appropriated.
CHAPTER 39. OF SCHOOL DISTRICTS. Amendment .- Chap. 54, 1867.
[SECT. 1. The provision of section one of chapter thirty - nine of the General Statutes, authorizing towns to divide into school districts, shall not be applicable to any town which has [abolished] or shall hereafter abolish the school districts there- in by virtue of the provisions of the third and fourth sections of said chapter. ]
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CHIAPTER 40.
OF SCHOOL REGISTERS AND RETURNS.
SECTION 1. The clerks of the several cities and towns, upon receiving from the secretary of the board of education the school registers and blank forms of inquiry for school re- turns, shall deliver them to the school committee of such cities and towns.
SECT. 2. If a school committee fails to receive such blank forms of return on or before the last day of March, they shall forthwith notify the secretary of the board of education, who shall transmit such forms as soon as may be.
SECT. 3. The assessors shall annually in the mouth of May, ascertain the number of persons in their respective towns and cities on the first day of May between the ages of five and fifteen years, and on or before the first day of July fol- lowing report the same to the school committee.
SECT. 4. The school committee shall annually on or before the last day of the following April, certify under oath, the numbers so returned to them by the assessors, and also the sum raised by such city or town for the support of schools during the preceding school year, including only wages and board of teachers, fuel for the schools, and care of the fires and school-rooms, and shall transmit such certificate to the secretary of the board of education. The form of such cer- tificate shall be as follows, to wit :-
Amendment .- Chap. 142, 1865.
[We, the school committee of , do certify that from the returns made by the assessors in the year , it
appears that on the first day of May, in the year , there were belonging to said town the number of persons be- tween the ages of five and fifteen years ; and we further certify that said town raised the sum of dollars for the sup- port of public schools for the preceding school year, including only the wages and board of teachers, fuel for the schools, and
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care of fires and school-rooms ; and that said town maintained, during said year, cach of the schools required to be kept by the first section of the thirty-eight chapter of the General Statutes for a period not less than six months ; and we further certify that said town maintained, during said year, school
for the benefit of all the inhabitants of the town, as re- quired by section two, chapter thirty-eight of the General Statutes, for months and days. School Committee.
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()n this day of . , personally appeared the above named school committee of , and made oath that the above certificate by them subscribed, is true. Before me, Justice of the Peace.
SECT. 3. In the returns made by the school committee to the secretary of the board of education, twenty days or forty half-days of actual session shall be counted as one month. ]
SECT. 5. The school committee shall cause the school reg- ister to be faithfully kept in all the public schools, and shall annually on or before the last day of April, return the blank forms of inquiry, duly filled up, to the secretary of the board of education ; and shall also specify in said returns the pur- poses to which the money received by their town or city from the income of the school fund has been appropriated.
SECT. 6. The school committee shall annually make a de- tailed report of the condition of the several public schools, which report shall contain such statements and suggestions in relation to the schools as the committee deem necessary or proper to promote the interests thereof. The committee shall cause said report to be printed for the use of the inhabitants, in octavo, pamphlet form, of the size of the annual reports of the board of education, and transmit two copies thereof to the secretary of said board, on or before the last day of April, and deposit one copy in the office of the clerk of the city or town.
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SECT. 7. When a school committee fails within the pre- scribed time to make either the returns or report required of them by law, the secretary of the board of education shall forthwith notify such committee, or the clerk of the city or town, of such failure ; and the committee or clerk shall imme- diately cause the same to be transmitted to the secretary.
SECT. 9. The returns or reports of a city or town so re- turned by the secretary for correction, or which have not reached his office within the time prescribed by law, shall be received by him if returned during the month of May ; but in all such cases ten per cent. shall be deducted from the income of the school fund which such city or town would have been otherwise entitled to. If such returns or reports fail to reach his office before the first day of June, then the whole of such city or town's share of the income shall be retained by the treasurer of the Commonwealth, and the amount so retained, as well as the ten per cent. when deducted, shall be added to the principal of the school fund. And such city or town shall in addition thereto forfeit not less than one hundred nor more than two hundred dollars : provided, however, if said returns and reports were duly mailed in season to reach such office within the time required by law, then the city or town from which said returns or reports are due shall be exempt from the forfeiture, otherwise incurred.
SECT. 10. The clerk of cach city and town shall deliver one copy of the reports of the board of education and its sec- retary to the secretary of the school committee of the city or town, to be by him preserved for the use of the committee, and transmitted to his successor in office ; and two additional copies of said reports, for the use of said committee; and shall also deliver one copy of said reports to the clerk of each school district, to be by him deposited in the school district library, or, if there is no such library, carefully kept for the use of the prudential committee, teachers, and inhabitants, of
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the district, during his continuance in office, and then trans- mitted to his successor ; and in case the city or town shall not ' be districted, said reports shall be delivered to the school com- mittee, and so deposited by them as to be accessible to the several teachers and to the citizens ; and such reports shall be deemed to be the property of the town or city, and not of any officer, teacher, or citizen, thereof.
SECT. 12. A city or town which has forfeited any part of its portion of the income of the school fund through the failure of the school committee to perform their duties in regard to the school report and school returns, may withhold the com- pensation of the committee.
SECT. 13. The several school teachers shall faithfully keep the registers furnished to them, and make due return thereof to the school committee, or such person as they may designate, and no teacher shall be entitled to receive payment for services until the register, properly filled up and completed, shall be so returned.
CHAPTER 41.
OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS.
SECT. 2. The truant officers and the school committees of the several cities and towns shall inquire into all cases of neglect of the duty prescribed in the preceding section; and ascertain from the persons neglecting, the reasons if any therefor ; and shall forthwith give notice of all violations, with the reasons, to the treasurer of the city or town; and if such treasurer wilfully neglects or refuses to prosecute any person liable to the penalty provided for in the preceding sec . tion, he shall forfeit the sum of twenty dollars.
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SETT. 3. All children within the Commonwealth may at- tend the public schools in the place in which they have their legal residence, subject to the regulations prescribed by law.
SECT. 4. The school committee shall determine the num- ber and qualifications of the scholars to be admitted into the school kept for the use of the whole town.
SECT. 6. Minors under guardianship, their father having deceased, may attend the public schools of the city or town of which their guardian is an inhabitant.
SECT. 7. With the consent of school committees first ob- tained, children between the ages of five and fifteen years may attend school in cities and towns other than those in which their parents or guardians reside ; but whenever a child resides in a city or town different from that of the residence of the parent or guardian, for the sole purpose of attending school there, the parent or guardian of such child shall be liable to pay to such city or town, for tuition, a sum equal to the average expense per scholar for such school for the period the child shall have so attended.
SECT. S. The school committee shall not allow any child to be admitted to or connected with the public schools, who has not been duly vaccinated.
SECT. 9. No person shall be excluded from a public school on account of the race, color, or religious opinions, of the ap- plicant or scholar.
SECT. 10. Every member of the school committee under whose directions a child is excluded from a public school, and every teacher of such school from which a child is exclu- ded, shall, on application by the parent or guardian of such child, state in writing the grounds and reason of the exclusion.
SECT. 11. A child unlawfully excluded from any public school shall recover damages therefor in an action of tort, to be brought in the name of such child by his guardian or next friend against the city or town by which such school is sup- ported.
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CHAPTER 42. OF THE EMPLOYMENT OF CHILDREN AND REGULATIONS RE- SPECTING THEM.
SECTION 1. Children of the age of twelve years and under the age of fifteen years, who have resided in this state for the term of six months, shall not be employed in a manufacturing establishment unless within twelve months next preceding the term of such employment they have attended some public or private day school, under teachers approved by the school com- mittee of the place in which said school was kept, at least one term of eleven weeks, and unless they shall attend such a school for a like period during each twelve months of such employment. 'Children under twelve years of age, having re- sided in this state for a like period, shall not be so employed unless they have attended a like school for the term of eighteen weeks within twelve months next preceding their employment, and a like term during each twelve months of such employ- ment.
SECT. 2. The owner, agent, or superintendent, of a manu- facturing establishment, who employs a child in violation of the provisions of the preceding section, shall forfeit a sum not exceeding fifty dollars for each offence, to be recovered by indictment, to the use of the public schools in the city or town where such establishment is situated ; and the school commit- tees in the several cities and towns shall prosecute for all such forfeitures.
SECT. 3. No child under the age of twelve years shall be employed in any manufacturing establishment more than ten hours in one day ; and the owner, agent, or superintendent, who knowingly employs such child for a greater number of hours, shall forfeit the sum of fifty dollars for each offence, to the use of the person prosecuting therefor.
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Amendments .- Chap. 233, 1367. supplementary to Section 1, 2, 3, of G. S.
SEcr. 1. No child under the age of ten years shall be employed in any manufacturing or mechanical establishment within this Commonwealth, and no child between the age of ten and fifteen years shall be so employed, unless he has at- tended some public or private day school under teachers ap- proved by the school committee of the place in which such school is kept, at least three months during the year next pre- ceding such employment : provided, said child shall have lived within the Commonwealth during the preceding six months ; nor shall such employment continue unless such child shall at- tend school at least three months in each and every year; and provided, that tuition of three hours per day in a public or private day school approved by the school committee of the place in which such school is kept, during a term of six months' shall be deemed the equivalent of three months' at tendance at a school kept in accordance with the customary hours of tuition ; and no time less than sixty days of actual schooling shall be accounted as three months, and no time less than one hundred and twenty half days of actual schooling shall be deemed an equivalent of three months.
SECT. 3. Any owner, agent, superintendent or overseer of any manufacturing or mechanical establishment, who shall knowingly employ or permit to be employed any child in vio- lation of the preceding sections, and any parent or guardian who allows or consents to such employment, shall, for such offence forfeit the sum of fifty dollars.
SECT. 4. It shall be the duty of the constable of the Com- monwealth to specially detail one of his deputies, to see that the provisions of this act, and all other laws regulating the em- ployment of children or minors in manufacturing or mechani- cal establishments, are complied with, and to prosecute offences against the same ; and he shall report annually to the governor all proceedings under this act ; and nothing in this section shall
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be so construed as to prohibit any person from prosecuting such offences. ]
Chap. 207, 1863, Sect. 1 substituted for Sect. 4 of G. S.
[SECT. 1. Each city and town shill make all needful pro- visions and arrangements concerning habitual truants, and also concerning children wandering about in the streets or public places of any city or town, having no lawful occupation or business, not attending school, and growing up in ignorance, between the ages of seven and sixteen years; and shall also make all such by-laws respecting such children as shall be deemed most conducive to their welfare and the good order of such city or town ; and there shall be annexed to such bv- laws suitable penalties not exceeding twenty dollars, for any one breach : provided, that said by-laws shall be approved by the superior court sitting in any county in the Commonwealth. ]
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Amendment .- Chap. 207, 1863, Sect. 2, substituted for Sect. 6 of G. S.
[SECT. 2. Any minor convicted of being an habitual truant, or any child convicted of wandering about in the streets or public places of any city or town, having no lawful occupation or business, not attending school, and growing up in ignorance, between the ages of seven and sixteen years, may, at the dis- cretion of the justice or court having jurisdiction of the case, instead of the fine mentioned in the first (substituted for sec- tion 4, above,) seetion, be committed to any such institution of instruction, house of reformation, or suitable situation pro- vided for the purpose, under the authority of the first (sub- stituted for section 4,) section, for such time, not exceeding two years, as such justice or court may determine.]
Chap. 233, 1836.
[SECT. 1. Each of the several cities and towns in this Com- monwealth is hereby authorized and empowered to make all needful provisions and arrangements concerning children under sixteen years of age, who by reason of the neglect, crime, drunkenness or other vices of parents, or from orphanage, are suffered to be growing up without salutary parental control and education, or in circumstances exposing them to lead idle and dissolute lives ; and may also make all such by-laws and ordinances respecting such children, as shall be deemed most
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conducive to their welfare and the good order of such city or town : provided, that said by-laws and ordinances shall be ap- proved by the superior court, or in vacation by a justice there- of, and shall not be repugnant to the laws of the Common- wealth.
SEcr. 3. When it shall be proved to any judge of the su- perior court, or judge or justice of a municipal or police court, or to any trial justice. that any child under sixteen years of age, by reason of orphanage or of the neglect, crime, drunk- enness or other vice of parents, is growing up without educa- tion or salutary control, and in circumstances exposing said child to an idle and dissolute life, any judge or justice afore- said, shall have power to order said child to such institution of instruction or other place that may be assigned for the purpose, as provided in this act, by the authorities of the city or town in which such child may reside, for such term of time as said judge or justice may deem expedient, not extending beyond the age of twenty-one years for males, or eighteen years for females, to be there kept, educated and cared for according to law.
SECT. 4. Whenever it shall be satisfactorily proved that the parents of any child committed under the provisions of this act, shall have reformed and are leading orderly and in- dustrious lives, and are in a condition to exercise salutary pa- rental control over their children, and to provide them with proper education and employment; or whenever said parents being dead, any person may offer to make suitable provision for the care, nurture and education of such child as will con- duce to the public welfare, and will give satisfactory security for the performance of the same, then the directors, trustees, overseers or other board having charge of the institution to which such child may be committed, may discharge said child to the parents or to the party making provision for the care of the child as aforesaid.]
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