The Laws of the State of New-Hampshire (1815)
Passed Dec. 28, 1805. An Act empowering school districts to build and repair school-houses, and regulating schools.
Sect. 1 Be it enacted by the senate and house of representatives, in general court convened, that the several towns and places within this state be, and they hereby are respectively empowered at any legal meeting for that purpose, to divide into school districts, and to define the limits thereof, and the same from time to time to alter in such manner as shall be thought fit and convenient; and a record of such division and alteration shall be make in the clerk's office of such town or place within three months after any such division or alteration shall have taken place; and no person shall have a right to send to, or receive any benefit from any school in a district where he is not a resident without the consent of such district.
Sect. 2. And be it further enacted, That the inhabitants of the several school districts, whose limits are or shall be defined as aforesaid, qualified to vote in town affairs, be, and they hereby are empowered, at any meeting called in the manner hereinafter prescribed, to raise money for the purposes of erecting, repairing or purchasing a school-house, in their respective districts, and of necessary utensils for the same; to determine in what part of the district to erect said school-house; to choose a committee to superintend the building and repairing of said school-house, or for purchasing the same; and to choose a clerk, who shall be sworn to a faithful discharge of the duties of his office; whose duty it shall be to make a fair record of all votes passed at any meeting of the district, and to certify the same when required; and the money raised as aforesaid shall be assessed and collected in the manner as is hereinafter provided.
Sect. 3. And be it further enacted, That for the purposes aforesaid, every person shall be taxed in the district in which he lives for all the estate he holds in the town, being under his own actual improvement, and all other of his real estate in the same town, shall be taxed in the district in which it is included; and lands when the owner thereof lives without the town, shall be taxed in such district as the selectmen, having regard to the local situation thereof, shall appoint; and it shall be the duty of the selectmen before they assess a tax for any district, to determine in which district such lands respectively shall be taxed, and to certify in writing their determination to the clerk of the town, who shall record the same, and such land while owned by any person residing without the limits of the town, shall be taxed in such districts until the town shall be districted anew; Provided however, that all the lands within any town owned by the same person not living therein, shall be taxed in one and the same district; and the selectmen shall assess in the same manner as town taxes are assessed on the polls and estates of the inhabitants composing any school district defined as aforesaid, and on lands in said town, belonging to persons living out of the same, which the selectmen shall have directed to be taxed in such district, all monies voted to be raised by the inhabitants of such district for the purposes aforesaid, in thirty days after the clerk of the district shall certify to said selectmen the sum voted by the district to be raised aforesaid; and it shall be the duty of said selectmen to make a warrant directed to one of the collectors of the town to which such district belongs, empowering and requiring said collector to levy and collect the tax so assessed, and to pay the same within a time limited in said warrant, to the treasurer or selectmen of the town, to whom a certificate of the assessment shall be made by the assessors, and the money so collected and paid shall be at the disposal of the committee of the district, to be by them applied for the building, repairing or purchasing of a school-house in the district to which they belong; and such collector in collecting such tax, shall have the same powers, and be holded to proceed in the same manner as is by law provided in collecting town taxes.
Sect. 4. And be it further enacted, That the treasurer or selectmen of any town to whom a certificate of the assessment of a district tax shall be transmitted as aforesaid, shall have the same authority to enforce the collection and payment so assessed and certified as if the same had been voted to be raised by the town for the town's use.
Sect. 5. And be it further enacted, That it shall be the duty of the selectmen of the several towns and places divided in school districts as aforesaid, upon application made to them, in writing, by three or more freeholders resident within any school district in their respective towns, to issue their warrant directed to one of the persons making such application, requiring him to warn the inhabitants of such district, qualified to vote in town affairs, to meet at such time and place in the same district, as the selectmen shall in their warrant appoint; and the warning aforesaid, shall be by notifying personally every person in the district qualified to vote in town affairs, or by leaving at their usual places of abode a notification in writing, expressing therein the time, place and purpose of the meeting, ten days at least before the time appointed for holding the same; and any vote to raise money passed by a majority of the inhabitants of any school district present, at any district meeting holden pursuant to this act, shall be obligatory on the inhabitants of said district, to be assessed, levied and collected, as prescribed in this act.
Sect. 6. And be it further enacted, That if the inhabitants of any school district cannot agree where to erect a school-house for the accommodation of the same, the selectmen of the town to which such district belongs, upon application made to them by the committee of the district, are hereby authorized and empowered to determine on the place where a school-house, for the use and accommodation of the district, shall be erected. Approved December 28, 1805.
Laws of New Hampshire: Second Constitutional Period, 1829-1835, pg. 476
Chapter 28 An Act in Amendment of an Act for the Support and Regulation of Primary Schools, Passed July 6, 1827.
Sec. 1. Be it enacted by the Senate and House of Representatives in General Court convened, That it shall be the duty of the Selectmen of the several towns and places in this State, to assign to each school district in their respective towns and places a proportion of the money assessed in each year for the support of schools according to the valuation thereof for that year, unless the said towns and places shall at a meeting holden for the purpose direct it to be divided according to the number of scholars in each district.
Sec 2. And be it further enacted, That the second section of the second Act of which this is an amendment be and is hereby repealed.
The Compiled Statutes of the State of New Hampshire (1853), pg. 165
Chapter 73. Of the Creation and Division of School Districts.
Section 1. Every town shall be divided by metes and bounds into so many districts as the public good requires, which shall be distinguished by suitable boundaries and include all the territory of the town.
Sec. 2. At any legal meeting for that purpose such division may be made by vote of the town, and the limits of such districts defined and from time to time altered as convenience may require, a record of which shall be made.
Sec. 3. If any town shall neglect so to divide itself into school districts, the selectmen on application in writing by ten legal voters shall forthwith divide the town into districts, define their boundaries and cause a record thereof to be made by the town clerk within thirty days after such application. The town of Newington is exempted from this section.
Sec. 4. Every school district shall be a body politic and corporate, and may sue and be sued, take, hold, manage and convey real and personal property for the use of the district, and make and enforce all necessary contracts in relation thereto.
Sec. 5. Any town not divided as foresaid shall be considered, when necessary, as one district, and shall be entitled to all the rights and subject to all the liabilities of a town and of a district respectively.
Sec. 6. If the selectmen of any town shall neglect for six months after application make, to make a division as aforesaid, they shall forfeit a sum not exceeding one hundred dollars.
Sec. 7. When a new district is formed from one or more districts, the selectmen upon the petition of a majority of the legal voters of such a new district, shall appraise all the property belonging to and all the debts due by each district so divided.
Sec. 8. If the property exceed the debts, the selectmen shall assess upon the polls and ratable estate of that part of the district retaining such property, a reasonable sum not exceeding the proportion of the excess which the polls and ratable estates of the parts of the district so divided bear to each other, and shall assess and collect the same in the same manner as school house taxes, and cause the same to be paid over and applied for the use of such new district.
Sec. 9. Two or more contiguous districts in adjoining towns may, upon such terms as they shall think proper, unite in the support of schools to be kept from year to year, so long as they agree, within either of such towns for the common benefit of such districts, and it shall be lawful for the prudential committees of such districts, so long as such union exists, to expend in the support of said schools the proportions of school money assigned to their respective districts by the selectmen of their respective towns.
Sec. 10. Each of the districts so uniting shall maintain its separate organization, and may raise money to build, repair, alter, remove and furnish a school house and other necessary buildings for their common use, although the same be not located within the district raising the money, and the money so raised shall be assessed and collected in the same manner as though it had been raised to build a school house within such district.
Sec. 11. When an execution shall issue against any school district, a copy thereof shall be left with one of the selectmen of the town, and the selectmen shall assess the inhabitants of such district in a sum sufficient to satisfy the same, and shall have the same authority in the collection thereof that they now have in the collection of town taxes.
Sec 12. The selectmen of two or more adjoining towns, on petition of any member of any school district in either of said towns, may, by a majority of the selectmen in each town, disannex such member, together with his taxable property, for school purposes, from the district to which he belongs, and annex him to the some district of one of the adjoining towns.
Sec. 14. The selectmen of the town in which the school house is located shall have all the powers and are required to perform all the duties in relation to filling vacancies in said district, that the selectmen of towns now have.
Sec. 15. Whenever a school district, composed of inhabitants of different towns, shall vote to raise money for the purpose of building, buying or repairing a school house, it shall be the duty of the clerk of said district to notify the selectmen of the several towns, in which the persons belonging to such district may reside, of the amount of money so voted to be raised, and it shall be the duty of the selectmen of each of said towns, thereupon, to assess upon the polls and ratable estate of such persons residing in their respective towns, their due proportion of the sums so voted to be raised, having regard to the entire inventory of all the inhabitants of said district, and to cause the same to be collected and paid over to the person authorized by the district to receive it.
Sec. 16. All persons who have been, or may hereafter be, severed from any school district in one town, and annexed to a school district in any other town, for the purpose of schooling, shall pay a just proportion for the purchase, building or repairing school houses in said districts, to which they are or may be annexed.
Sec. 17. Whenever any such district shall vote to raise money, the clerk of said district shall certify such vote to the selectmen of each of said towns; and said selectmen shall form a joint board for the purpose of assessing upon the polls and ratable estate in said district the due proportion of said money; and each board of selectmen shall commit to the collectors of their respective towns the taxes by them so assessed in their respective towns, to be collected and paid over to the person or persons by said district authorized to receive the same, to be applied and accounted for according to law.
Sec. 18. All persons who have been, or hereafter may be, severed from any school district in one town and annexed to a school district in any other town for the purpose of schooling, shall have and enjoy all the rights and privileges in regard to the literary and school funds of every description, to which they would have been entitled if they had not be so disannexed or united. And whenever the real estate of any person shall be disannexed for the purposes aforesaid, the polls and ratable estate of all persons residing or having their home on said real estate, on the first day of April of each year, shall also be considered as disannexed, and their proportion of the literary and school fund shall be paid over to the prudential school committee of the district to which said real estate has been annexed. It shall be the duty of the selectmen of the town from which any person or persons may be disannexed as aforesaid, to pay over the proportion of the literary and school fund as aforesaid to the prudential school committee as aforesaid, on or before the first day of February, annually.
Sec. 19. The town of Pittsburg and the town of Bartlett are exempt from the provisions of the law of this State in regard to the division of the town into school districts, and the selectmen thereof, respectively, may divide said towns or any part thereof, into as many school districts as they may deem just, and cause a record thereof to be made in the records of said town, which districts shall have all the rights and privileges and be subject to all the liabilities of other school districts in the State.