Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1852-09-16
Synopsis of Decision of the Super
-. intendenf. -.

from the treasurer the schedule OF unpaid
school tax, under the provisions of the
26th section of the general school law of
llS49, is responsible for all taxes which by
due or ordinary diligence he might have
collected, the persons charged having
property sufficient and liable for the tax
n es. TO- 3s'a. A. p. - M
! School directors acting together as a
board, (where there are no sub districts
alone may properly employ and fix the
salaries of teachers. Where there are
hsub-districts the committees select the
teacher, subject to the approval of the
board of directors. A custom to en-
ploy and pay teachers without the action
of the board, can not be recognized as a
valid custom, and be Of Itself set up as
conclusive or binding on the board, But
where the custom existed, and teacher
was employed by director, and taught
under his contract for a limited time with
the knowledge Of the board-was officially
known and recognized as a teacher, eth
er by having his school and number of
scholars taught, &C., returned in the an
nual report to the superintendent, or by
the receipt Of his own reports to the pay
ment of expenses offuel, &c, or on account
Of his salary, or in any other way, he
may recover and require payment from
the board for the amount due him, as per
agreement with the director employing
him; not because the contract was 0ffgi-
,1ady binding on the board, but be-
cause by their subsequent conduct, during
the period the teacher was actually rem
dering the services, the b0ard impIiedly
at least ratified and approved the contract
and made it their own. s- .7 st-9.a.as
Committees Of sub-districts have no
power to close schools. The directors of
the district are. responsible for maintain
ing and keeping open the schools Of the
district, and the "earen which the COM
mittee may exercise must be subject TO
the use Of the schools under the board of
directors. and not to "care" to the extent
of closing them; otherwise such caring
would defeat their use. 1al % a-aat
o. TIE school directors alone have the
control over the school houses of the dis
trict. They hold them to be used for
school purposes only, and may prohibit
their use for any other. They should not
permit them to be used for any other than
school purposes when held solely by the
school district, unless in cases where the
purpose is innocent or promotiye of pub
lie good, and not objected to by any con
siderable portion Of the taxpayers Of the
district Even in such cases the directors
have the right to refuse the use of the
school houses. If other parties take pos
session of the school houses, without the
consent Of the directors, they are tress-
Passers, and may be held jointly or sey-
orally liable for all damages done, in
civil action, and, also, where the taking
of possession was by force and violence,
be prosecuted criminally for forcible
entry. ..f.r-,~-r-.t#-rt -Ir a.-Ha
Guardians resident within a district, of
wards residing elsewhere, may be required
to pay the school tax upon all the taxa
bic personal property they represent on
behalf of their wards, Real estate is tax
able only in the district in which it is To-
Gated nam7o6 sst.tv ba4 is e. d1oa
The lIth section of the general school
law Of 1s49, provides =" If it shall be
found that on account Of great distance
from OF difficulty of access to the proper
school house in any district some of the
pupils thereof could be more conveniently
accommodated in the schools of an ad-
Joining district, it shall be the duty of the
directors efsueh two adjoining districts to
make an arrangement by which such pu-
pills may be instructed in the most conve-
nient school Of the adjoining district, and
the expense of such instruction shall be
paid as may be agreed upon by the di-
rectors of such adjoining districts" From
this extract the duty of the directors to
make. under the circumstances there con-
templated, the necessary 4arrangement,"
is expressly enjoined, and directors can
not avoid making the same upon proper
without clear violation of such
duty and proper liability for such delin-