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5. The names and residences of the local superintendents and
the territory under their supervision.
6. Such other facts and recommendations as he may deem im
portant in relation to Indian schools.
[Based on Con. School Law, tit. XV, § 38, but mostly new.] (Page 108, § 38.)
§ 381. When Indian pupils may attend public school.—An
Indian child may attend a public school in the district in which
he resides, unless an Indian school is maintained therein; in
which case he may so attend only with the permission of the state
(Con. School Law, tit. VII, § 37, rewritten without intended change.]
(Page 45, § 37.)
§ 382. Indian children may take regents' examination. A child
who is a pupil in an Indian school may, on the certificate of the
local superintendent, enter without charge a regents' examination
at any time or place.
TRUSTS FOR SCHOOLS; GOSPEL AND SCHOOL LOTS; FINES AND
Section 390. Property in trust for common schools.
391. Execution and supervision of trusts.
392. Officers and boards to report trusts.
393. Trustees of gospel and school lots.
394. Powers and duties of supervisors.
395. Apportionment of gospel moneys by supervisor.
Section 396. Payment to treasurer; application of funds.
397. Imposition of fine or penalty.
398. Penalty for loss of state school moneys.
399. When school officer liable for penalty lost.
400. Suits for penalties.
401. Report of fines and penalties.
402. When costs allowed to school officers.
403. When costs not allowed against school officer.
404. When district may allow costs.
405. Appeal from rejection by district meeting.
406. Hearing of appeal.
407. Action on supervisor's bond. [General note.- The law relating to trusts for common schools has been retained without material change. The statute relating to gospel and school lots has been revised and condensed and it is believed contains sufficient provisions on this subject. There are a few of these lots still left in different parts of the state and provision is made here for the gradual absorption of this class of property by the schools.]
§ 390. Property in trust for common schools.— Real and per.
sonal property may be granted, conveyed, devised, bequeathed
and given in trust and in perpetuity or otherwise, to the state, or
to the superintendent of public instruction, for the support or
benefit of the common schools within the state, or within any
part or portion of it, or of any particular common school or
schools within it; and to any county or of any city or board of
officers thereof, or the school commissioner district or its commis
sioner, or to any town, or supervisor of a town, or to any school district or its trustee for the support and benefit of common schools
within such county, city, commissioner district, town or school
district, or within any part or portion thereof respectively, or
for the support and benefit of any particular common school or
schools therein. No such grant, conveyance, devise or bequest
shall be held void for the want of a named or competent trustee
or donee, but where no trustee or donee, or an incompetent one
is named, the title and trust shall vest in the people of the state,
subject to its acceptance by the legislature, but such acceptance
shall be presumed.
[Con. School Law, tit. II, § 19, unchanged in substance.] (Page 16, § 19.)
§ 391. Execution and supervision of trusts.— The legislature
may control and regulate the execution of all such trusts; and
the superintendent of public instruction shall supervise and ad
vise the trustees, and hold them to a regular accounting for the
trust property and its income and interest at such times, in such
forms, and with such authentications, as he shall from time to
[Con. School Law, tit. II, § 20, unchanged in substance.] (Page 17, § 20.)
§ 392. Officers and boards to report trusts.- The common coon
cil of every city, the board of supervisors of every county, the
trustees of every village, the supervisor of every town, the trustee
of every school district, and every other officer or person who
shall be thereto required by the superintendent of public instruc
tion or the regents, shall report to him or them whether any, and
if any, what trusts are held by them respectively, or by any other
body, officer or persons to their information or belief for publio
school purposes, and shall transmit, therewith, an authenticated
copy of every will, conveyance, instrument or paper embodying
or creating the trust; and shall in like manner forthwith report
to him the creation and terms of every trust subsequently created.
[Con. School Law, tit. II, § 21, unchanged in substance.] (Page 17, § 21.)
§ 393. Trustees of gospel and school lots.—The supervisors of
each town shall continue vested with the powers and charged
with the duties heretofore vested in and charged upon the trustees
of gospel and school lots of the several towns.
rCon. School Law, tit. III, SS 1, 2, rewritten and consolidated without intended change.]
(Page 18, SS 1, 2.)
$ 394. Powers and duties of supervisors.—The supervisors of
each town shall, subject to the provisions of the next section:
1. Take and hold possession of the gospel and school lots in
2. Lease the same for such time, not exceeding twelve years,
and on such conditions, as he shall deem expedient.
3. Sell the same, when authorized by a vote of the inhabitants
of the town at a town meeting, at such price and on such terms
as he shall deem most advantageous.
4. Invest the proceeds of such sales in loans secured by bond
and mortgage on unincumbered real property of the value of
double the amount loaned.
5. Purchase at his option on foreclosure, and hold the prop
erty so mortgaged, and convey it whenever necessary.
6. Reloan the amount of such loans paid to him on the like
7. Apply the rents and profits of such lots, and the interest of
the money arising from the sale thereof, to the support of the
schools as may be provided by law.
8. Render to the town board an accurate account of the pro
ceeds of the sales and the interest on the loans thereof, and of the
rents and profits of such gospel and school lots, and of the ex
penditure or appropriation thereof, on the last Tuesday next pre
ceding each regular town meeting.
9. At the expiration of his term deliver to his successor all
books, papers and securities relating to the sale, and take therefor
a receipt which shall be filed in the town clerk's office.
10. Report to the superintendent whether there is in his town
a gospel or school lot, describe the same, state to what use, if any,
it is put by the town, and whether it is leased, and if so, to whom, for what term, and on what rent; and whether the town holds
or is entitled to any rent, moneys or securities arising from any
sale from such gospel or school lot, and the investment of the
proceeds thereof, and of the rents and income of such lots and
investments, and shall report a full statement and account of
such rents, moneys and securities.
[R. S., pt. I, chap. 15, tit. IV, § 2, rewritten and changed by substituting the supervisor in place of the trustee. See also Con. School Law, tit. II, § 22.]
(Page 17, § 22.)