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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

superintendent.

(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.

[New.)

ARTICLE XV.

TRUSTS FOR SCHOOLS; GOSPEL AND SCHOOL LOTS; FINES AND

PENALTIES.

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

time prescribe.

[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

his town.

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

security.

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.)

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