
    The Inhabitants of School District Number Six in Natick vs. Edwin C. Morse & others.
    The prudential school committee of a school district, duly chosen in March, and authorized to contract with teachers, cannot interfere with a teacher engaged by the general school committee of the preceding year, under St. 1846, c. 223, § 1, for the entire winter term; and if they close, against a teacher so engaged, the school-house in which he is accustomed to keep his school, such general school committee may forcibly break open the school-house, and reinstate the teacher.
    This was an action of trespass for breaking and entering the school-house of the plaintiffs on the 16th and 17th of March, 1848 ; and was submitted to the court on the following statement of facts: —
    In the year 1832, the town of Natick was divided into six territorial school districts, of which the plaintiffs were one. On April 27th, 1833, school district No. 6, was organized as a corporation by the choice of a clerk and other district officers, at a meeting held for the purpose. At the annual town meeting of the inhabitants of Natick, held on March 1st, 1847, the Rev. Samuel Hunt, the Rev. T. B. Gannett, and the defendant Morse, were chosen school committee of the town for the then ensuing year, and accepted the office. Their successors were' chosen on April 3d, 1848. At a meeting of school district No. 6, held March 25th, 1847, Charles Perry was chosen prudential committee of the district for that year. In the autumn of 1847, one Gardner was duly employed to keep the winter term of the district school. He commenced, and after keeping the school a short time, some of the members of the district became dissatisfied, and thereupon at a special meeting of the district held on the 23d of December, 1847, two more members of the prudential committee were chosen, N. B. Tash and Amory Morse, who, on the day after then.* election, without the concurrence of the school committee and against the consent of Perry, the other member of the prudential committee, locked up the school-house, refused to allow Gardner to go on with his school, and it was broken up. In January, 1848, several inhabitants of the district made application to the school committee to establish a school in the district for the benefit of the inhabitants; the money appropriated for that purpose by the town not having been expended. The school committee after due inquiry, believing they had the power and that it was their duty, concluded to establish a school in the district, and employed a Miss Stratton to keep the school as tong as there was money to pay her at the rate of three dollars and fifty cents a week. On the application of Hunt in behalf of the school committee, Tash and Morse, on Saturday, the 22d of January, 1848, delivered the key of the school-house to Perry, who was authorized to receive it on behalf of the school committee and to deliver it to Miss Stratton; and Miss Stratton on the Monday following, January 24th, 1848, began her school and continued to keep until the 16th of March, when it was broken up as hereafter stated. At the annual town meeting held on March 6th, 1848, it was voted that each school district be authorized to choose its own prudential committee and contract with teachers. At a meeting of school district No. 6, held at the school-house on March 14th, William Spencer, N. B. Tash and Amory Morse were chosen prudential committee of the district. The key of the school-house was obtained of Miss Stratton to open the house for the meeting. The committee so chosen, on the same evening after their election, without the knowledge or consent of the school-committee, locked up the house, kept the key, and gave verbal notice that there would be no more school there. The next day they refused to open the house, or let Miss Stratton have the key, and no school was kept. In the afternoon of that day several of the inhabitants of the district applied to the school-committee to open the school-house that Miss Stratton might go on with _ her school. The committee believing they had the right, and that it was their duty to open the house, the defendant Morse, with the concurrence of the other members of the committee, and on their behalf, with the other two defendants, who were inhabitants of the district, went to said Spencer, Tash and Morse, and demanded the key that they might open the school-house for Miss Stratton and her school, but they refused to give it up. The defendants then went to the house and finding it locked they hoisted a window, got in, and took off the box of the lock to the door, and opened the house; and Miss Stratton entered and kept school that day. On the same day, after the school was closed, the prudential committee again fastened up the house. The defendants, the next morning, after again demanding entrance, which was withheld from them, broke a pane of glass, opened a window, got in, removed the fastenings from the door, and Miss Stratton again entered the house for the purpose of teaching the school, but there being much noise and confusion she soon left, and no further attempts were made to open the house, and her school was broken up. Miss Stratton, as she stated, would have kept the school one week and three days longer had it not been for this interruption. Spencer, Tash and Morse were present on both of said days and forbade the defendants opening.
    This action was brought under a vote of the district, passed on the 23d of March, 1848, directing the prudential committee to prosecute all trespasses that had been or might be committed upon the school-house of the district.
    This case was argued at the October term, 1850.
    
      A. H. Nelson and J. W. Bacon, for the plaintiffs.
    
      E. Buttrick, for the defendants.
   By the Court.

The court are of opinion, that the defendants, one a member of the general school committee, and the others acting under his authority and direction, were not trespassers. The statute of 1846, c. 223, § 1,' confers upon the school committee, upon whom may have devolved the duty of electing and contracting with a teacher of a district school, the right to elect and contract for and during the entire winter term of the school, although the same should extend beyond the period of the annual election of a new committee.

Assuming that the prudential committee of three, chosen by the district on the 14th of March, 1848, were duly elected, (upon which we express no opinion,) and that by the vote of the town, of March 6th, 1848, they acquired the authority to elect and contract with teachers for the district, yet this would not authorize the prudential committee of three to interfere in the matter of teachers of the school during the winter term, already legally engaged.

The school committee of the town elected in 1847 having the entire authority in reference to the teachers until the expiration of the winter term, the prudential committee chosen in March, 1848, had no right to interfere in the matter, and close the school-house as against a teacher thus employed by the school committee elected in 1847.

Under the large and general powers of superintendence and visitation, conferred by law upon the general school committee, they had a right and legal authority to enter the schoolhouse, and reinstate a teacher, who had been legally engaged, and was actually keeping the school under lawful authority, but who had been unlawfully excluded by persons not dulj authorized. Judgment for the defendants.  