The Providence news. (Providence [R.I.]) 1891-1906, 1905-04-10
SCHOOL
DISTRICTS
LIABILITY

In connection with a query IN relation
debts contracted before the adoption OF
the town system, Governor Utter today
received an opinion Searing upon the diff
fculties OF Apponaug with IT'S big school
house. According 10 the decision the dis
trict is liable for the building and unless
the town elects 70 assume the burden,
Apponaug will have TO sholder the load II
assumed alone.
The report is signed by William W.
Douglas. George A. Wilbur. Edward c.
Dubois. John Taggard Blodsett. Charles
II. johnson and c. Frank Parkhurst, and
the court says In part:
In answer to questions ] and g we are
Of the opinion that the corporated pow
ers and liabilities OF such school districts
as are abolished by chapter ll01 OF the
Public Laws. passed at the January ses-
sion. A. d.. 1908 are continued so that
the collection OF the Indebtedness owing
by any such district, Jan. /. 1904, which
has not been expressly assumed by the
town cf which said district was a part,
may be enforced against such district,
and the property located therein. in man
ner as hereinafter set forth, and that
the provisions of section OF chapter
81 OF the General Laws are applicable
10 school district abolished said chapter
l10l
Said section s. Of chapter "a is ssfol-
lows:
Sec b.Upon he abolition or discontin-
uance OF any district It's corporate pow
ers and liabilities shall continue and re-
main so far as may be necessary for the
enforcement OF its rights and duties"
RIGHTS OF CREDITORS.
This section Of the General Laws was
enacted May 20, 1884. and appears as part
OF Feneral Laws OF 1896 as above quoted
and has never been repealed. IT is in nc
way inconsistent with Chapter 1l0f, Pub
lie Laws. January 1898 and there is no re-
peal or attempted repeal thereof either in
chapter li01 or elsewhere
II was the manifest intention OF the
General Assembly 10 preserve the rights
OF creditors against school districts abol-
ishec pursuant TO Chapter 81 OF the Cen
eral Laws: and nowhere in the statutes
above quoted is there any provision FOR
the assumption OF he debt OF the school
district by the town unless the town shall
voluntarily assume such debt. Such pro-
vision for voluntary assumption OF debts
b. -teFrT4-ese4aAes- implied as
sumption by the tcwn. by reason OF the
abolition OF the school district
In answer 10 question 8, we are OF the
opinion. In accordance with the foregoing,
that towns which have not expressly or
formally assumed the indebtedness OF
school districts located therein at the
time OF their abolition by said chapter
ilOl. are not liable for the Indebtedness
created by such districts and existing az
the tmc OF their abolition.
In answer 10 question I. we 1re of the
cpiriOn that towns do not become habls
for the Indebtedness OF school districts
except by voluntary and express as
sumption thereof as above set forth
In answer to question 8. we are OF the
opinion that the Indebtedness created and
existing as set forth In said question.
can not he enforced against the school
property formerly I'm such districts. be-
cause the method OF enforcing such in
debtedness Is expressly provided for IN
chapter g. section $40 by assessment ~
a tax as above set forth.