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BOST ON :
w RIGHT & Po TTER, s TATE PRINTERs,

79 MILK STREET (corn ER of FEDERAL).

1875.

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Soon after the publication of the General Statutes, Mr. Boutwell published as a part of the Twenty-fourth Report of the Secretary of the Board, the school laws as then just revised, with a valuable commentary. This report gave valuable aid to the teachers and to all persons having the supervision of the schools. The edition becoming exhausted, a pamphlet edition of the school laws was published in 1867, embracing all the amendments made up to the time of publication, without

note or comment, except that references to the early amend

ments, to the Acts and Resolves previous to the General Statutes, and to the decisions of the supreme court, were noted in the margin. Although a large edition was printed, it is now exhausted; moreover, numerous and important changes in the laws have been made in the interim, making it difficult to ascertain the state of the laws in many important particulars, so that there is an urgent demand for another revised edition. To meet this demand is the main business of this Report. In preparing this edition I have endeavored to incorporate the amendments with the text of the several chapters, wherever this could be done without a change of the language of the amendment; when this was not practicable, the amendment is printed as a whole immediately following the section or sections to which it applies. In either case the new matter is enclosed in brackets, thus [ ], with marginal references to chapter quoted and the date thereof. Following each chapter will be found brief comments upon the more important sections, taken in considerable part from the twenty-fourth report, also enclosed in brackets. In addition to these are the decisions of the supreme judicial court, in such cases as have arisen for adjudication. This is a new, and, I cannot but think, a valuable feature. The comments and decisions are printed at the close of each chapter, and the several sections to which they refer are indicated by their number thus—(Sect. 4.)

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“Forasmuch as the good Education of Children is of Singular Laws of 1642, behoofe and benefit to any Commonwealth, and whereas June 14th. many Parents and Masters are too indulgent and negligent of their duty in that kind;

“It is Ordered, that the chosen men for managing the prudentials of every Town, in the several Precincts and quarters where they dwell, shall have a vigilant eye over their neighbors, to see, First that none of them shall suffer so much Barbarism in any of their families, as not to endeavor to teach, by themselves or others, their Children and Apprentices, so much learning as may enable them to read perfectly the English tongue, and a knowledge of the Capital Laws, upon penalty of twenty shillings for each neglect therein.”

“It being one chiefe project of that ould deluder, Sathan, to keepe Mass. Col. Rec. men from the knowledge of the Scriptures, as in former 3. "N.” times by keeping them in an unknowne tongue, so in 1647. these latter times by perswading from the use of tongues, that so at least the true sence and meaning of the originall might be clouded by false glosses of saint seeming deceivers, that learning may not be buried in the grave of our fathers in the church and commonwealth, the Lord assisting our endeavors

“It is therefore ordered, that every township in this jurisdiction, after the Lord hath increased them to the number of 50 householders, shall then forthwith appoint one within their towne to teach all children as shall resort to him to write and read, whose wages shall be paid either by the parents or masters of such children, or by the inhabitants in generall, by way of supply, as the major part of those that order the prudentials of the towne shall appoint; provided those that send their children be not oppressed by paying much more than they can have them taught in other townes;–And it is further ordered that where any towne shall increase to the number of 100 families or householders they shall set up a grammar schoole, the master thereof being able to instruct youth so farr as they may be fited for the university; provided that if any towne neglect the performance hereof above one yeare, every such towne shall pay 5’ to the next schoole till they shall perform this order.”

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Provisions Relating to Schools. [chap. 5, Sect. 2.] “Wisdom, and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preser- Duty of legisla. vation of their rights and liberties; and as these depend ...","...i on spreading the opportunities and advantages of edu- "P" cation in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them ; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people.” [Amendments, Art. 18.] “ART, XVIII. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys school money which may be appropriated by the State for the support #."o o: of common schools, shall be applied to, and expended in, "“” no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect for the maintenance exclusively of its own school.”

The foregoing amendment has received a judicial construction by the supreme court, so important in its bearings upon questions constantly arising, that I give, in addition to the reporter's abstract of the opinion of the court, the principal facts of the case presented for adjudication. (See Jenkins and others v. Inhabitants of Andover and others, 103 Mass. Rep., p. 94.)

The facts are in brief as follows:—Benjamin H. Punchard, an inhabitant of Andover, made the following bequest in his last will : “The residue of my property, not exceeding fifty

thousand dollars, I give and bequeath to the town of Andover,

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