Gass. Book- v^^^ U J " / ,-,., STATE OF NEW YORK Department of public llnatructton THE Consolidated School Law 1902 FORTY-EIGHTH ANNUAL REPORT— APPENDIX J ALBANY J. B. LYON COMPANY, STATE PRINTERS t902 / THE CONSOLIDATED SCHOOL LAW State of New York / WITH f ^ ' appendix containing general statutes of the state relative to the schools not properly part of the consolidated school law, and rules of practice governing appeals to the State Superintendent of Public Instruction IN FORCE ON JUNE i, 1902 State Superintendent State of New York Department of Public Instruction FORTY-EIGHTH ANNUAL REPORT STATE SUPERINTENDENT 1902 Appendix i SCHOOL LAW u^f^. By transfer 12- Wb RECENT AMENDMENTS TO SCHOOL LAWS The legislatures of 1896 to, and including, that of 1902, passed several important laws affecting public school interests which received the sig- nature of the governor. These laws are incorpoi'ated in the proper sec- tions and titles of this edition of the consolidated school law; but for convenience in reference we present the following table giving the page of this pamphlet on which such laws may be found. PAGH Age qualifications for teachers, increase in 47 Apportionment of school moneys 11-15 Attendance oflicers, to be appointed in towns 118 Clerks of boards of education of union free school districts may receive compensation, appointment of 68 Compulsory education law 112 Compulsory education of Indian children on Allegany and Catttarau- gus reservations 160 Compulsory education of Indian children, Onondaga reservation 164 Condemnation of school houses by commissioners 27 Conveyance of pupils to adjoining districts 38 Contract of hiring must be given teachers by trustees 103 Contracts between school districts and adjacent districts 38, 102 Division of school districts 31 Elections in union school districts having more than 800 children 74 Flag law 158 Free text books, union schools may vote tax for 74 Fredonia normal school, act for rebuilding and equipping 163 Fredonia normal school, amending act : 167 Fire drills in schools of the state 166 Kindergartens, free, establishment of 107 Neighborhood districts, formation of 114 Physiology and hygiene in public schools 104 Eeal property purchased with pension money subject to taxation for schools and roads 134 Eestrictions governing the rescinding of vote to raise money in union school districts 72 School age, reduction of 16 School districts, formation, alteration and dissolution of 29, 82 School moneys, paj'ment of, by supervisors to collectors 21 State normal schools may receive bequests. 148 Summer institutes, provision for 91 Schools for colored children 108, 162 School house sites, acquisition of 87 Teachers employed in city schools to be graduates of institutions hav- ing approved courses of study, and of training classes (chap. 1031, laws of 1895) 159 Teachers institutes 88 Teachers' licenses under special acts abolished 32 Teachers not to be contracted with unless their certificate covers the length of the term of the contract 50 THE CONSOLIDATED SCHOOL LAW Chap. 556 As amended to the close of the session of 1902 L. 1894, Ch. 556 — " An act to revise, amend and consolidate the general acts relating to public instruction." [Became a law May 8, 1S94, taking effect June 30, 1894.] THE CONSOLIDATED SCHOOL LAW TITLE 1 State superintendent of public instruction, his election, and general powers and duties TITLE II State and other school moneys, their apportionment and distribution j and trusts and gifts for the benefit of common schools Article 1 Of the state school moneys, and their apportionment by the superintendent of public instruction, and payment te county and city treasurers II Of the apportionment of state school moneys, and of other school moneys by the school commissioners and their payment to the supervisors ni Of trusts for the benefit of common schools, and of town school funds, fines, penalties and other moneys held or given for their benefit TITLE III Supervisors, disbursement of school moneys by, and some of their special powers and duties under this act TITLE IV Town clerks, their duties under this act TITLE V School commissioners, their election, powers and duties TITLE VI School districts, formation, alteration and dissolution thereof CONSOLIDATEID SCHOOL LAW - ■ , TITLE VII Meetings in common school districts, the election of school district ofiEicers, and their powers and duties Article I Of common school disti-ict meetings; who are voters, and their powers II Of district school-houses and sites III Of the qualification, election and terms of oflBce of district officers, and of vacancies in such offices IV Of the duties of disti'ict clerk and treasurer V Of pupils and teachers VI Of tnistees, their powers and duties; and of school taxes and annual reports yil Of the assessment of district taxes, and the collection of such taxes; and of the collector, his powers, duties and liabilities TITLE VIII ITnion free schools, how established, who are voters at meetings and their powers; election and terms of ofla.ce of members of boards of education, and powers of such boards Article I. Of the proceedings for the ^tablishment of union free schoois; powers of voters at meetings; classification of terms of office and election of members of boards of edu- cation; certified copies of proceedings of meetings to be filed; board of education to elect a presadent and appoint a treasurer and collector II Of the qualifications of voters in union free school districts; and of meetings of such voters and their powers III Of annual and special meetings, and of election of members of boards of education and clerk in districts where the number of children exceeds three himdred IV Of the powers and duties of boards of education V Of the alteration of imion free school disti'icts; the increase or diminution of number of members of boards of educa- tion, and of dissolution of union free school districts TITLE IX Acquisition of school-house sites TITLE X Teachers' institutes TITLE XI Teachers' training classes TITLE XII State scholarships in Cornell university State Superintendbnt of Public Instruction 7 XITLB 1 TITLE XIII Cominon scliool and public libraries TITLE XIV Appeals to superintendent of public instruction TITLE XV Miscellaneous provisions A.rticle I Of loss of school moueys apportioned; of forfeiture by school officers by reason of neglect to sue for penalties; of costs in suits which might have been the subject of appeal to the superintendent of public instruction; of costs in suits, actions and proceedings other than appeals to the superintendent of public instruction II Changes in text-books III Care of code of public instruction IV Contracts between school districts and boards of education in cities V Memorandum of contracts with teachers VI Physiology and hygiene in the public schools VII Free instruction in drawing VIII Vocal music in the public schools IX Free kindergarten in cities and villages X Industrial training in the public schools XI Schools for colored children XII Orphan schools XIII Indian schools XIV Deaf and dumb and blind institutions XV Arbor day XVI Miscellaneous TITLE XVI Compulsory education of children TITLE I State Superintendent of Public Instruction, his election and general powers and duties Section 1. Short title.— This chapter shall be known as the shorttitie " Consolidated School Law." § 2 The office of state superintendent of public instruction is state continued and the term of said office shall be three years com- tenden't, ' Ills GlGction mencing on the seventh day of April. Such superintendent shall and term be elected by joint ballot of the senate and assembly on the second Wednesday of February next preceding the expiration of the term of the then incumbent of said office, and on the second Wednesday of February next after the occurrence of anj Consolidated school law. TITLE 1 Office In capitol Salary Deputy snperiu- lendent Clerks and employes Official seal Copies of record, etc. Duties ex- officio Supervision of normal schools, etc. Visitation of common scIiodIs by appointees vacancy in the office. The superintendent's office shall be in the capitol, and maintained at the expense of the state. His salary shall be five thousand dollars a year, payable monthly, by the treasurer, on the warrant of the comptroller. § 3 He shall appoint a deputy, who shall receive an annual salary of four thousand dollars payable monthly by the treas- urer on the warrant of the comptroller; and in case of a vacancy in the office of superintendent the deputy may perform all the duties of the office until the day hereinbefore fixed for the commencement of the term of said office. In case the office of both superintendent and deputy shall be vacant, the governor shall appoint some person to perform the duties of the office until the superintendent shall be elected and his term of office commence as hereinbefore provided. § 4 He may appoint as many clerks and employes as he may deem necessary, but the compensation of such clerks and em- ployes shall not exceed in the aggregate the sum annually appropriated by the legislature therefor, and shall be payable monthly by the treasurer, on the warrant of the comptroller, and the certificate of the superintendent. § 5 The seal of the superintendent, of which a description and impression are now on file in the office of the secretary of state, shall continue to be his official seal, and when necessary, may be renewed from time to time. Copies of all papers de- posited or filed in the superintendent's office, and of all acts, orders and decisions made by him, and of the drafts or machine copies of his official letters, may be authenticated under the said seal, and when so authenticated, shall be evidence equally with and in like manner as the originals. § 6 The superintendent shall be ex-officio a regent of the university of the state of New York, a trustee of Cornell Uni- versity and of the New York State Asylum for Idiots. He shall also have general supervision over the state normal schools which have been and which may hereafter be established; and he shall provide for the education of the Indian children of the state, as required by the provisions of this act. § 7 The superintendent may, in his discretion, appoint per- sons to visit and examine all or any of the common schools in the county where such persons reside, and to report to him all such matters respecting their condition and management, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to such visitors for their services or expenses. State ISuperintexdeiiXT of Public Instruction 9 TITLE 1 § 8 So often as lie can, consistently with his other duties, he visitation shall visit such of the common schools of the state as he shall superTn- ^ . tendent see fit, and inquire into their course of instruction, management and discipline, and advise and encourage the pupils, teachers and officers thereof. § 9 He shall submit to the legislature an annual report con- Annual . . . report taming: 1 A statement of the condition of the common schools of the state, and of all other schools and institutions under his super- vision, and subject to his visitation as superintendent. 2 Estimates and accounts of expenditures of the school moneys, and a statement of the apportionment of school moneys made by him. 3 A.11 such matters relating to his office, and all such plana and suggestions for the improvement of the schools and the advancement of public instruction in the state, as he shall deem expedient. § 10 He may grant under his hand and seal of office a certifi- Teacher-s c6rtlflcato cato of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be conclusive evidence that the person to whom it was granted is qualified by moral character, learning and ability, to teach any common school in the state. Such certificate may be granted by him only upon examination. Examina- He shall determine the manner in which such examination shall for be conducted, and may designate proper persons to conduct the same, and report the result to him. He may also appoint times and places for holding such examinations, at least once in each year, and cause due notice thereof to be given. Every such cer- License to tificate so granted shall be deemed and considered a legal license *^^^^ and authority to teach in any of the public schools of this state, without further examination of the person to whom the same was granted, any provision of law in conflict with this provision to the contrary notwithstanding. He may also, in his discre- coiiege tion, issue a certificate without examination, to any graduate of Certificates a college or university who has had three years' experience as a teacher. Such last-mentioned certificate shall be known as the "" college graduate's certificate," and may be revoked at any time for cause. He may also, in his discretion, indorse a ii^dorse- '' ' ' ment of diploma issued by a state normal school or a certificate issued !j!,d°tI1l by a state superintendent or state board of education in any certificates other state, which indorsement shall confer upon the holder thereof the same privileges conferred by law upon the holders 10 Consolidated school law Temporary licenses to teach Annulment of cei tifi- cates, etc. List of per- eons hold- ing certifi- cates and diplomas Removal of school com- missioner May with- hold mon- eys from district Blank forms, etc., preparation and distri- bution of Oaths and affidavits of diplomas or certificates issued by state normal schools or by the state superintendent in this state. He may also issue temporary licenses to teach, limited to any school commissioner district or school district, and for a period not exceeding six months whenever, in his judgment, it may be uecessary or ex- pedient for him to do so. § 11 Upon cause shown to his satisfaction, he may annul any: certificate of qualification granted to a teacher by a school com- missioner, or declare any diploma issued by a state normal school ineffective and null as a qualification to teach a common school within this state, and he may reconsider and reverse his action in any such matter. § 12 He shall prepare and keep in his office alphabetical lists of all persons who have received, or shall receive, certificates of qualification from himself, or diplomas of the state normal schools, with the dates thereof, and shall note thereon all annul- ments and reversals of such certificates and diplomas, with the dates and causes thereof, together with such other particulars- as he may deem expedient. § 13 Whenever it shall be proved to his satisfaction that any school commissioner or other school officer has been guilty of any willful violation or neglect of duty under this act, or any other act pertaining to common schools, or willfully disobeying: any decision, order or regulation of the superintendent, the superintendent may, by an order under his hand and seal, which, order shall be recorded in his office, remove such school commis- sioner or other school officer from his office. Said superintend- ent may also withhold any share of the public money of the state from any district for willfully disobeying any decision,, order or regulation as aforesaid, or when authorized by any pro- vision of this act. § 14 He shall prepare suitable registers, blanks, forms and regulations for making all reports and conducting all necessary business under this act, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school officers, to be trans- mitted to the officers and persons intrusted with the execution^ of the same. § 15 The superintendent may administer oaths and take affi- davits concerning any matter relating to the schools. State and other school moneys 11 TITLE 3 TITLE II State and other school moneys, their apportionment and distribution, and of trusts and gifts for the benefit of common schools ARTICLE 1 Of the state school moneys and their apportionment hy the super- intendent of public instruction^ and payment to county and city treasurers Section 1 There shall be raised by tax, in each year, upon the state tax real and personal estate of each county within the state, such of'schooi»' sum as the legislature shall annually determine necessary for •the support of common schools in the state; and the proceeds of such tax shall be apportioned and distributed as herein .provided. S 2 The moneys so raised 'shall be paid into the state Depositor " '- moneys treasury, and the treasurer may transfer them from one deposi- tory to another, by his draft, countersigned and entered by the superintendent of public instruction. On the first working-day Monthly of each month the treasurer shall make to the superintendent treasurer of public instruction a written statement of the condition of the free school fund, showing the amount received and paid during the preceding month, and the balance remaining on hand. The Bankbook bank in which such moneys are deposited shall furnish the superintendent of public instruction a book, in which the oflScers of such banks shall make entries of all sums deposited therein by the treasurer, from time to time, to the credit of said free school fund. No such money shall be paid out of the treasury warrants 'except upon such warrant of the superintendent, countersigned meats by the comptroller, referring^ to the law under which it is drawn. The superintendent shall countersign and enter all checks counter- drawn by the treasurer in payment of his warrants, and all cheeks and ^ '' ' receipts receipts of the treasurer for such money paid to the treasurer, and no such receipt shall be evidence of payment unless it be so •countersigned. § 3 The comptroller may withhold the payment of any moneys comptroller to which any county may be entitled from the appropriation of j^^J^j^^^^" the incomes of the school fund and the United States deposit fund for the support of common schools, until satisfactory ■evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer; and whenever, after the ^^^'5'^^%^''^ first day of March in any year, in consequence of the failure of deficiencies any county to pay such moneys on or before that day there shall 12 Consolidated school law TITLE 2 be a deficiency of moneys in the treasury applicable to the |)ay- ment of school moneys, to which any other county may be en- titled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon at the rate of twelve per cent per annum, until payment shall be made tO' the treasury, shall be a charge upon the county in default, and shall be added to the amount of state tax, and levied upon such county by the board of supervisors thereof at the next ensuing- assessment, and shall be paid into the treasury in the same manner as other taxes. moneys^^"' § ^ The moueys raised by the state tax or borrowed as afore- defiuect gj^i^ ^Q supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appro- priated, and the income of the common school fund, when the same are appropriated to the support of common schools, con- panion-'^^' stitutc the State school moneys, and shall be divided and appor- "^"'^ tioned by the superintendent of public instruction, on or before the twentieth day of January in each year as hereinafter pro- tlachlfs° vided; and all moneys so apportioned, except the library moneys,. wages shall be applied exclusively to the payment of teachers wages. For pay of «§ 5 Hc shall apportiou and set apart from the free school school com- "- ^i ^ missioners fund appropriated therefor the amounts required to pay the annual salaries of the school commissioners elected or elective under this act, to be drawn out of the treasury and paid to the iage^<^nnd' ^^"^^I'^^l commissioucrs as hereinafter provided. Said superin- empioyiug f ^udent shall make no allotment to any city or district for the t^ndents cxpeuse of a superintendent unless satisfied that such city, vil- lage or district, employs a competent person as superintendent whose time is exclusively devoted to the general supervision of Enumera- the public schools of Said citv, village or district: nor shall he tion of In- ^ . J » 7 habitants in make anv allotment to any district in the first instance without the first '' lustauce first causing an enumeration of the inhabitants thereof to be made, which shall show the population thereof to be at least five thousand, the expense of which enumeration, as certified by said state superintendent, shall be paid by the district in whose in- monty^ tcrcst it is made. He shall then set apart, from the income of the United States deposit fund, for and as library moneys, such sums as the legislature shall appropriate for that purpose. Quotr'^°° After deducting the said amounts he shall divide and apportion the remainder of the state school moneys as hereinafter speci- fied. To each city, eight hundred dollars. To each village which has a population of five thousand as shown by the last state census, or federal or village enumeration, and which employs a superintendent of schools, eight hundred dollars. To each * As amended by chapter 316, laws of 1903. State and other school moneys 13 TITLB a nniou school district which has a population of five thousand, and which employs a superintendent of schools, eight hundred dollars. An appropriation under either of the first three sub- divisions hereof is known as a supervision quota. He shall set fund"^^*** apart for a contingent fund not more than ten thousand dollars. *§ G From the remainder he shall apportion; 1 To each district having an assessed valuation of forty thou- Apportion- sand dollars or less, as appears by the report of the trustees '^'^^if^^ upon which such apportionment is based, one hundred and fifty dollars; and to each of the remaining districts, and to each of the cities in the state, one hundred and twenty-five dollars. The apportionment provided for by this subdivision shall be known as a district quota. 2 To each such district or city for each additional qualified ^enfof*^"' teacher and his successors by whom the common school has qtfota"^ been taught, during the period of time required by the school law, and to each Indian reservation for each teacher employed therein for a like period, one hundred dollars; but pupils em- ployed as monitors or otherwise, shall not be deemed teachers. The apportionment provided for by this subdivision shall be known as a teacher's quota. 3 The remainder to the several counties according to their re- Apportion- T- • T ment to spective population by a ratio to be ascertained by dividing such commas remainder by the population of the state as shown by the last federal census or state enumeration; except that for the purpose of this apportionment the city of New York shall be considered one county. But as to counties in which are situated cities whose boundary lines are coterminous with the school district lines comprising said city, he shall apportion to such city the part to which it shall so appear entitled, and to the residue of the county the part to which it shall appear to be so entitled. To entitle a district to a district quota, a qualified teacher or Ba^is of successive qualified teacher must have actually taught the com- q^ota mon school of the district for at least one hundred and sixty days of school, inclusive of legal holidays that may occur during the term of said schools and exclusive of Saturdays. No Satur- day shall be counted as part of said one hundred and sixty days of school and no school shall be in session on a legal holiday, ex- cept Washington's birthdav and Lincoln's birthday. A defi- Teacher's ciency not exceeding three weeks during anv school vear caused at iDstitute, «/ cr* cj- t. «. 6XCUS6(l by a teacher's attendance upon a teachers' institute within a county, shall be excused by the superintendent of public instruc- tion. § 7 Having so apportioned and distributed the said district quota as specified in section six of this act, the superintendent * As amended by chapter 316, laws of 1902. 14: COABULIDATED SCHOOL LAW TITLE 2 shall apportion the remainder of said state school moneys, and also the library moneys separately, among the counties of the state, according to their respective population, excluding In- dians residing on their reservation, as the same shall appear from the last preceding state or United States census; but as to how"dete°°' counties in which are situated cities having special school acts, mined ^q Shall apportion to each city the part to which it shall so ap- pear entitled, and to the residue of the county the part to which it shall appear to be so entitled. If the census according to which the apportionment shall be made does not show the sum of the population of any county or city, the superintendent shall, by the best evidence he can procure, ascertain and deter- mine the population of such county or city at the time the census was taken, and make his apportionment accordingly. Allowance s g Whenever any school district shall have been excluded to excluded <5 -J ^ , , i • disuic-s from participation m any apportionment made by the superin- tendent, or by the school commissioners, by reason of its having omitted to make any report required by law, or to comply with any other provision of law, or with any rule or regulation made by the superintendent under the authority of law, and it shall be shown to the superintendent that such omission was acci- dental or excusable, he may, upon the application of such dis- trict, make to it an equitable allowance; and if the apportion- ment was made by himself, cause it to be paid out of the con- tingent fund; and, if the apportionment was made by the com- missioners, direct them to apportion such allowance to it, at their next annual apportionment, in addition to any apportion- May direct meut to which it may then be entitled. And the superintendent payment of "^ -, ■ i quota when mav, iu his discretiou, upon the recommendation of the school teacher not •• ' ^ . . , qualified commissioner having jurisdiction over the district m default, direct that the money so equitably apportioned shall be paid in satisfaction of teacher's wages earned by a teacher not qualified in accordance with the provisions of the law as hereinafter set forth. Keoiama- g g j£ mouey to which it is not entitled, or a larger sum than ^roprilted' it is entitled to, shall be apportioned to any county, or part of a county, or school district, and it shall not have been so dis- tributed or apportioned among the districts, or expended, as to make it impracticable so to do, the superintendent may reclaim such money or excess, by directing any officer in whose hands it may be to pay it into the state treasury, to the credit of the free school fund; and the state treasurer's receipt, countersigned by the superintendent, shall be his only voucher; but if it be im- Deductions practicable so to reclaim such money or excess, then the super- from next ^ ,/ 7 i apportion- lutendcnt shall deduct it from the portions of such county, part of a county or district in his next annuaL apportionment, and distribute the sum thus deducted equitably among the counties tSTATE AND OTHEli SCHOOL MONEYS 15 TIILK 2 and inirts of oouuties, or among ilie scliool districts in the state entitled to participate in sucii apportionment, according to the basis of apportionment in Avhich such excess occurred. § 10 [f a less sum than it is entitled to shall have been appor- suppiemen- tai-y appor- tioned bv the superintendent to any county, part ot a county or tionment school district, the superintendent may make a supplementary ^ies iip]tortionment to it, of such a sum as shall make up the deli- ■ciency, and the same shall be paid out of the contingent fund, if sufficient, and if not, then the superintendent shall make up •su(!h deficiency in his next annual apportionment. ^ 11 As soon as possible after the making of any annual or ceruflca- general apportionment, the superintendent shall certify it to the apportion- county clerk, county treasurer, school commissioners and city treasurer or chamberlain, in every county in the state; and if it be a supplemental apportionment, then to the county clerk, county treasurer and school commissioners of the county in which the school-house of the district concerned is situate. § 12 The moneys so annually apportioned by the superin- Moneys, tendent, shall be payable on the first day of April next after the tirsi^day o" apportionment, to the treasurers of the several counties and the chamberlain of the city of New York, respectively; and the said treasurers and the chamberlain shall apply for and receive the same as soon as payable. ARTICLE 2 Of tlie apporfinnpient of the state school moneys, and of other school vioiicijs by the school commissioners, and their payment to the supervisors § 13 The school commissioner, or commissioners of each Annual apportion- connty, shall proceed, at the county seat, on the third Tuesday i"<^"tby of March, in each year, to ascertain, apportion and divide the ^'°""^ state and other school moneys as follows: 1 They shall set apart any library monevs apportioned by the Library superintendent. ' ^"""'^'^ 2 From the other moneys apportioned to the county, they state shall set apart and credit to each school district the amount be"se?apart apportioned to it by the state superintendent, and to every dis- trict which did not participate in the apportionment of the pre- tIous year, and which the superintendent shall have excused, such equitable sum as he shall have allowed to it. t They shall procure from the treasurer of the county a tran- Ketu™ script of the returns of the supervisors hereinafter required, vended' showing the unexpended moneys in their hands applicable to "^""^^^ the psyment of teachers' wages and to library purposes, and 16 COXSOLIDATED SCHOOL LAW Ee turns from treas- urer of fines and penal- ties How apportioned Library moneys Basis of apportion- ment Apportion- ment according to school attendance Attend- ance, how ascertained Moneys set apart to districts shall add the whole sum of such moneys to the balance of the state moneys to be apportioned for teachers' wages. The amounts in each supervisor's hands shall be charged as a partial payment of the sums apportioned to the town for library moneys and teachers' wages, respectively. 4 They shall procure from the county treasurer a full list and statement of all payments to him of moneys for or on account of fines and penalties, or accruing from any other source, for the benefit of schools and of the town or towns, district or districts for whose benefit the same were received. Such of said moneys as belong to a particular district, they shall set apart and credit to it; and such as belong to the schools of a town, they shall set apart and credit to the schools in that town, and shall apportion them together with such as belong to the schools of the county as hereinafter provided for the payment of teachers' wages. 5 They shall apportion library moneys to the school districts^ and parts of school districts, joint with parts in any city or in any adjoining county, which shall be entitled to participate therein, as follows: Q'o each of said districts an amount equal tO' that which shall have been raised in said district for librarj' purfjoses, either by tax or otherwise; and if the aggregate amount so raised in the districts within the county shall exceed the sum apportioned to the county, the said districts, respect- ively, shall be entitled to participate in such apportionment pro rata to the total amount aj^portioned to the county. *6 They shall apportion all of such remaining unapportioned moneys in the like manner and upon the same basis among such school districts and parts of districts in proportion to the aggre- gate number of days of attendance of the pupils resident therein, between the ages of five and eighteen years, at their respective schools during the last preceding school year, and also such children residing therein over four years of age who shall have attended any free kindergarten school legally established. The aggregate number of days in attendance of the pupils is to be ascertained from the records thereof, kept by the teachers as hereinafter prescribed, by adding together the whole number of days' attendance of each and every pupil in the district, or part of a district. 7 They shall then set apart the money so set apart and apportioned to each district, the school-house of which i» therein; und to each part of a joint district therein the school- house of which is located in a city or in a town in an adjacent county. * As amended by section 2, chapter 264, laws of 1896. State and other school moneys IT TITLE 2 8 They shall sign, in duplicate, a certificate, showing the certificate amounts apportioned and set apart to each school district and tionment part of a district, and the towns in which they were situated, and shall designate therein the source from which each item was derived; and shall forthwith deliver one of said duplicates to the treasurer of the county and transmit the other to the superintendent of public instruction. 9 They shall certify to the supervisor of each town the certificate amount of school moneys so apportioned to his town, and the visW portions thereof to be paid by him for library purposes and for teachers' wages, to each such distinct district and part of a district. § 14 If, in their apportionment, through any error of the com- ^f°^^f^'jj'°? missioners, any district shall have apportioned to it a larger or ^on^e^'nta a less share of the moneys than it is entitled to receive, the commissioners may, in their next annual apportionment, with the approval of the superintendent, correct the error by equi- tably adding to or deducting from the share of such district. § 15 No district or part of a district shall be entitled to any Districts "^ ^ "^ when not portion of such school moneys on such apportionment unless the ^^q*^'^^^'** report of the trustees for the preceding school year shall show that a common school was supported in the district and taught by a qualified teacher for such a term of time as would, under section six of this title, entitle it to a distributive share under the apportionment of the superintendent. § 16 On receiving the certificate of the commissioners, each eiluIJite supervisor shall forthwith make a copy thereof for his own use, and deposit the original in the office of the clerk of his town; and the monevs so apportioned to his town shall be paid to him Payments "^ ^ of moneys immediately on his compliance with the requirements of the **^/JJ?^'"' following section, but not before. § 17 Immediately on receiving the commissioners' certificate supervisors " bona of apportionment, the county treasurer shall require of each supervisor, and each supervisor shall give to the treasurer, in behalf of the town, his bond, with two or more sufficient sure- ties, approved by the treasurer, in the penalty of at least double the amount of the school moneys set apart or "apportioned to the town, and of any such moneys unaccounted for by his predecessors, conditioned for the faithful disbursement, safe- keeping and accounting for such moneys, and of all other school moneys that may come into his hands from any other source. If the condition shall be broken the county treasurer shall sue the bond in his own name, in behalf of the town, and the money recovered shall be paid over to the successor of the supervisor in default, such successor having first given security 2 18 Consolidated school law TITLE 3 "Roiid of supervisors to fill ■vacancy "Refusal to give security Moneys, liow dis- bursed • ♦.hereupon "Estates InJ trust for common .schools Trusts not invalid In certain cases as aforesaid. Whenever the oflice of a supervisor shall become vacant, by reason of the expiration of his term of service or otherwise, the county treasurer shall require the person elected or appointed to fill such vacancy to execute a bond, with two or more sureties, to be approved by the treasurer, in the penalty of at least double the sum of the school moneys remaining in the hands of the old supervisor, when the office became vacant, conditioned for the faithful disbursement and safe-keeping of and accounting for such moneys. But the execution of this bond shall not relieve the supervisor from the duty of executing the bond first above mentioned. § 18 The refusal of a supervisor to give such security shall be a misdemeanor, and any fine imposed on his conviction thereof shall be for the benefit of the common schools of the town. Upon such refusal, the moneys so set apart and apportioned to the town shall be paid to and disbursed by some other ofiicer or person to be designated by the county judge, under such regulations and with such safeguards as he may prescribe, and the reasonable compensation of such officer or person, to be adjusted by the board of supervisors, shall be a town charge. ARTICLE 3 Of trusts for the benefit of common schools, and of toion school funds, fines, penalties and other moneys held or given for their hcnefit § 19 Real and personal estate may be granted, conveyed, devised, bequeathed and given in trust and in perj)etuity or otherwise, to the state, or to the superintendent of public in- struction, for the support or benefit of the common schools, within the state, or within any part or portion of it, or of any particular common school or schools within it; and to any county, or the school commissioner or commissioners of any county, or to any city or any board of officers thereof, or to any school commissioner district or its commissioner, or to any town, or supervisor of a town, or to any school district or its trustee or trustees, for the support and benefit of common schools within such county, city, school commissioner district, town or school district, or within any part or portion thereof respectively, or for the support and benefit of any particular common school or schools therein. No such grant, conveyance, devise or bequest shall be held void for the want of a named or competent trustee or donee, but where no trustee or donee, or an incompetent one is named, the title and trust shall vest in the people of the state, subject to its acceptance by the legislature, but such acceptance shall be presumed. State a.\d other school moneys 19 TITLE 2 § 20 The legislature may control and regulate the execution Execution -en'ijj -I ,^ . -■ ,. Of trusts of all such trusts; and the superintendent of public instruction ehall supervise and advise the trustees, and hold them to a supervision regular accounting for the trust property and its income and tenS'"' interest at such times, in such forms, and with such authentica- tions, as he shall, from time to time, prescribe. § 21 The common council of every city, the board of super- omcersana Tisors of every county, the trustees of every village, the super- report ** visor of every town, the trustee or trustees of every school district, and every other officer or person who shall be thereto required by the superintendent of public instruction, shall report to him whether any, and if any, w^hat trusts are held by them respectively, or by any other body, officer or person to their information or belief for school purposes, and shall transmit, _ therewith, an authenticated copy of every will, conveyance, instrument or paper embodying or creating the trust; and shall, in like manner, forthwith report to him the creation and terms of every such trust subsequently created. § 22 Every supervisor of a town shall report to the super- Reports as intendent whether there be, within the town, any gospel or andTchoot school lot, and, if any, shall describe the same, and state to supervisor what use, if any, it is put by the town; and whether it be leased, and, if so, to whom, for what term and upon what rents; and whether the toAvn holds or is entitled to any land, moneys or securities arising from any sale of such gospel or school lot, and the investment of the proceeds thereof, or of the rents and income of such lots and investments, and shall report a full statement and account of such lands, moneys and securities. § 23 Every supervisor of a town shall in like manner report Keportsas' to the superintendent whether the town has a common school m hands of ovsrsGsrs off fund originated under the "Act relative to moneys in the hands p"""" of overseers of the poor," passed April twenty-seventh, eighteen hundred and twenty-nine, and, if it have, the full particulars thereof, and of its investment, income and application, in such form as the superintendent may prescribe. § 24 In respect to the property and funds in the last tAvo superin- sections mentioned, the superintendent shall include in his rlport'to*' 1 i ■! IT .,1 /.•-. legislature annual report a statement and account thereof. And, to these ends, he is authorized, at any time and from time to time, to May require ' reports require from the supervisor, board of town auditors, or any ^-^^^ ofTicer of a town, a report as to any fact, or any information or account, he may deem necessary or desirable. § 25 Whenever, by any statute, a penalty or fine is imposed for Fi„es and, the benefit of common schools, and not expressly of the com- p®''^""'* mon schools of a town or school district, it shall be taken to 20 Consolidated school law TITLE S Apportion- ment thereof Reports of district at- torneys, as to fines, etc. Payment of ■colleciions to treasurer Fines and penalties, to whom paid Penalties and fines in Joint dis- tricts be for the benefit of the common schools of the county v^ithic which the conviction is had; and the fine or penalty, when paid or collected, shall be paid forthwith into the county treasury, and the treasurer shall credit the same as school moneys of the county, unless the county comprise a city having a special school act, in which case he shall report it to the superintendent, who shall apportion it upon the basis of population by the last census, between the city and the residue of the county, and the portion belonging to the city shall be paid into its treasury. § 2G Every district attorney shall report, annually, to the board of supervisors, all such fines and penalties imposed in any prosecution conducted by him during the previous year; and all moneys collected or received by him or by the sheriff, or any other officer, for or on account of such fines or penalties, shall be immediately paid into the county treasury, and the receipt of the county treasurer shall be a sufficient and the only voucher for such money. § 27 Whenever a fine or penalty is inflicted or imposed for the benefit of the common schools of a town or school district, the magistrate, constable or other officer collecting or receiving the same shall forthwith pay the same to the county treasurer of the county in which the school-house is located, who shall credit the same to the town or district for whose benefit it is collected. If the fine or penalty be inflicted or imposed for the benefit of the common schools of a city having a special school act, or of any part or district of a city, it shall be paid into the city treasury. § 28 Whenever, by this or any other act, a penalty or fine is imposed upon any school district officer for a violation or omis- sion of official duty, or upon any person for any act or omission within a school district, or touching property or the peace and good order of the district, and such penalty or fine is declared to be for, or for the use or benefit of the common schools of the town or of the county, and such school district lies in two or more towns or ^counties, the town or county intended by the act shall be taken to be the one in which the school-house, or the school-house longest owned or held by the district, is at the time of such violation, act or omission. TITLE III Supervisors; Disbursement of school moneyg by, and some of tlieir special powers and duties under this act «oJpeiand' Soctiou 1 The several supervisors continue vested with the =schoouots pQ^gpg a^^ charged with the duties formerly vested in and State and otheu school moneys 21 charged upon the trustees of the gospel and school lots, and transferred to and imposed upon town superintendents of com- mon schools by chapter one hundred and eighty-six of the laws of eighteen hundred and forty-six. § 2 The several supervisors continue vested with the powers Powers under -and charged with the duties conferred and imposed upon the former •commissioners of common schools by the act of eighteen hun- dred and twenty-nine (chap. 287), entitled "An act relative to moneys in the hands of overseers of the poor." § 3 On the first Tuesday of March in each year, each super- f^]!^^^}''"'' visor shall make a return in writing to the county treasurer for {faTcTs of"^ the use of the school commissioners, showing the amounts of ^"p^'^'^o"^ school moneys in his hands not paid on the orders of trustees for teachers' wages, nor drawn by them for library purposes, and the districts to which they stand accredited (and if no such money remain in his hands, he shall report that fact); and there- after he shall not pay out any of said moneys until he shall have received the certificate of the next apportionment; and the moneys so returned by him shall be reapportioned as herein- before directed, ^ 4 It is the duty of every supervisor: ^"*'^s *1 To disburse the school moneys in his hands applicable to J^^'lj^J'I'f/- the payment of teachers' wages, upon and only upon the written ^^[^°°\ orders of a sole trustee or a majority of the trustees, in favor of qualified teachers. But whenever the collector in any school district shall have given bonds for the due and faithful per- formance of the duties of his office as disbursing agent, as re- quired by section eighty of title seven of this act, or whenever any school district shall elect a treasurer as hereinafter provided, the said supervisor shall, upon the receipt by him of a copy of the bond executed by said collector or treasurer as hereinafter required, certified by the trustee or trustees, pay over to such Payment collector or treasurer, all moneys in his hands applicable to the ^|;i"^,.'°.'-'°^' payment of teachers' wages in such district, and the said col- treasurer lector or treasurer shall disburse such moneys so received by him upon such orders as are specified herein to the teachers entitled to the same. 2 To disburse the library moneys upon, and only upon the Library written orders of a sole trustee, or of a majority of the trustees. 3 In the case of a union free school district, to pay over all Paymeut ' XT ./ over of the school money apportioned thereto, whether for the payment u„%V° of teachers' wages, or as library moneys, to the treasurer of such (11^°°^ "^'^ district, upon the order of its board of education. * As amended by section 1, chapter 177, laws of 1S96, 22 Consolidated school law TITLE 4 Accounts of receipts and dis- bursements Blank book and entries therein Filing of accounts Duties to- ward pre- decessor Payment over of moneys to successor Recovery of penal- ties and forfeitures Erection or alteration of school districts Duties Preserva- tion of records 4 To keep a just and true account of all the school moneys received and disbursed by him during each year, and to lay the same, with proper vouchers, before the board of town auditors at each annual meeting thereof. 5 To have a bound blank book, the cost of which shall be a town charge, and to enter therein all his receipts and disburse- ments of school moneys, specifying from whom and for what pui'poses they were received, and to whom and for what pur- poses they were paid out; and to deliver the bool?: to his successor in office. 6 Within fifteen days after the termination of his office, to make out a just and true account of all school moneys thereto- fore received by him and of all disbursements thereof, and to deliver the same to the town clerk, to be filed and recorded, and to notify his successor in office of such rendition and filing. 7 So soon as the bond to the county treasurer, required by section seventeen of title two of this act, shall have been given by him and approved by the treasurer, to deliver to his prede- cessor the treasurer's certificate of these facts, to procure from the town clerk a copy of his predecessor's account, and to demand and receive from him any and all school moneys remain- ing in his hands. 8 Upon receiving such a certificate from his successor, and not before, to pay to him all school moneys remaining in his hands, and to forthwith file the certificate in the town clerk's office. 9 By his name of office, when the duty is not elsewhere im- posed by law, to sue for and recover penalties and forfeitures imposed for violations of this act, and for any default or omis- sion of any town officer or school district board or officer under this act; and after deducting his costs and expenses to report the balances to the school commissioner. 10 To act, when thereto legally required, in the erection or alteration of a school district, as in the sixth title of this act provided, and to perform any other duty which may be devolved upon him by this act, or any other act relating to common schools. TITLE IV Town clerks; their duties under this act Section 1 Tt shall be the duty of the town clerk of each town; 1 Carefully to keep all books, maps, papers and records of his office touching common schools, and forthwith to report to the supervisor any loss or injury to the same. Town clerks 23 TITLE 4 2 To receive from the supervisors tlie certificates of appor- Record of apportion- tioiiment of school moneys to the town, and to record them in ™'^''* a book to be kept for that purpose. 3 Forthwith to notify the trustees of the several school dis- Notice to tricts of the filing of each such certificate. 4 To see that the trustees of the school districts make and obtaining leports deposit with him their annual reports within the time prescribed by law, and to deliver them to the school commissioner on demand; and to furnish the school commissioner of the school i*'urni-hing ' luimes of ■commissioner district in which his town is situated the names om'^i^sto and post-office addresses of the school district officers reported sloner*^' to him by the district clerks. 5 To distribute to the trustees of the school districts all °onof"' 'books, blanks and circulars which shall be delivered or for- ^^'''^^^' ^t°- warded to him by the state superintendent or school commis- sioner for that purpose. 6 To receive from the supervisor, and record in a book kept Record of ^ ^ annual ac- for that purpose, the annual account of the receipts and dis- points iDursements of school moneys required to be submitted to the town auditors, together with the action of the town auditors thereon, and to send a copv of the account and of the action Transmis- sion of same thereon, by mail, to the superintendent of public instruction, jg^rtP^"*^" r possessors of taxable property in the district, in the ratio of their several assessments on the last corrected assessment-roll or rolls of the town or towns, and pay it over accordingly. § 11 The supervisor of the town within which the school- of^'out"*"* house of the dissolved district was situated may demand, sue for, money"^ and collect, in his name of ofSce, any money of the district out- standing in the hands of any of its former officers, or any other person; and, after deducting his costs and expenses, shall report the balance to the school commissioner who shall apportion the same equitably among the districts to which the parts of the * As amended by section 4, chapter 2M, laws of 1896. Consolidated school law TITLE 7 Apportion- ment and ftppUcation ot same Dissolved districts to exist In law for settlo- jiient of affairs Deposit of records, etc., vvitli town cleric Penalty for i-efusal to t)bey oKlers Extension of commis- eloners' powers dissolved districts were annexed, to be by them applied as their district meetings shall determine. § 12 Though a district be dissolved, it shall continue to exist in law for the purpose of providing for and paying all its just debts; and to that end the trustees and other ofScers shall con- tinue in office, and the inhabitants may hold special meetings, elect officers to supply vacancies, and vote taxes; and all other acts necessary to raise money and pay such debts shall be done by the inhabitants and officers of the district. § 13 The commissioner, or a majority of the commissioners in whose district or districts a dissolved school district was situated, shall by his or their order in writing, delivered to the clerk of the district, or to any person in whose possession the books, papers and records of the district, or any of them, may be, direct such clerk or other person to deposit the same in the clerk's office in a town in the order named. Such clerk or other person, by neglect or refusal to obey the order, shall forfeit fifty dollars, to be applied to the benefit of the common schools of said town. The commissioner or commissioners shall file a duplicate of the order with such clerk. *§ 14 All the rights, powers and duties conferred upon school commissioners by titles five and six of this act, including the sole authority to examine and license, under the rules prescribed by the superintendent of public instruction, all persons proposing to teach common schools, not possessing the qualifications men- tioned in subdivision five of section thirteen of title five, shall extend to all districts organized under special acts, and all parts of such special acts inconsistent therewith are hereby repealed. New dis- trict Notice of first meet- ing Service of notice TITLE VII Meetings in common school districts; tlie election of school district of3.cers and their powers and duties ARTICLE 1 Of common school district meetings, loho are voters, and their powers Section 1 Whenever any school district shall be formed, the commissioner or any one or more of the commissioners, within whose district or districts it may be, shall prepare a notice describing such district, and appointing a time and place for the first district meeting, and deliver such notice to a taxable inhab- itant of the district. § 2 It shall be the duty of such inhabitant to notify every other inhabitant of the district qualified to vote at the meeting, by reading the notice in his hearing, or in case of his absence ♦Added by section 3, chapter 513, laws of 1897. Meetings in common school districts 33 TITLB 7 from home, by leaving" a copy thereof, or so mucli thereof as relates to the time, place and object of the meeting, at the place ■of his abode, at least, six days before the time of the meeting. § 3 In case such meeting shall not be held, and in the opinion no'tld'of of the commissioner it shall be necessary to hold such meeting, {fe^fore^im© before the time herein fixed for the first annual meeting, he ^^^'^ shall deliver another such notice to a taxable inhabitant of the district, who shall serve it as hereinbefore provided. § 4 When the clerk and all the trustees of a school district fjf;^.f^|ee''" shall have removed from the district, or their office shall be commis^" vacant, so that a special meeting can not be called, as herein- ca^u®""'^^ after provided, the commissioner may in like manner give notice of, and call a special district meeting, § 5 Every taxable inhabitant, to whom a notice of any district reful'aW" meeting shall be delivered for service, pursuant to any pro- serve notice visions of this article, who shall refuse or neglect to serve the same, as hereinbefore prescribed, shall forfeit five dollars for the benefit of the district. § 6 A special district meeting shall be held whenever called Ifstrlct by the trustees. The notice thereof shall state the purposes ™^^""s* for which it is called, and no business shall be transacted at such special meeting, except that which is specified in the notice; and the district clerk, or, if the office be vacant, or he be sick or absent, or shall refuse to act, a trustee or some taxable inhabitant, by order of the trustees, shall serve the notice upon each inhabitant of the district qualified to vote at district meetings, at least five days before the day of the meeting, in the manner prescribed in the second section of this title. But the Annual ■■^ meeting inhabitants of any district may, at any annual meeting, adopt a ^ribemode resolution prescribing some other mode of giving notice of °^fij.g*"^ special meetings, which resolution and the mode prescribed thereby shall continue in force until rescinded or modified at some subsequent annual meeting. § 7 The proceedings of no district meeting, annual or special, ^^gs*; wlcc shall be held illegal for want of a due notice to all the persons '"''^^' qualified to vote thereat, unless it shall appear that the omission to give such notice was willful and fraudulent. § 8 The annual meeting of each school district shall be held ^choofdis- on the first Tuesday of August in each year, and, unless the l^^toieet- hour and place thereof shall have been fixed by a vote of a pre- vious district meeting, the same shall be held in the school-house at seven-thirty o'clock in the evening. If a district possesses more than one school-house, it shall be held in the one usually employed for that purpose, unless the trustees designate another. If the district possesses no school-house, or if the 34 CONSOLIDATEID SCHOOL LAW XITLB 7 school-house shall be no longer accessible, then the annual meet- ing shall be held at such place as the trustees, or, if there be no trustee, the clerk, shall designate in the notice, ^g^. when § ^ Whenever the time for holding the annual meeting in meethignot ^chool districts shall pass without such meeting being held in , *>^'Yu, exceeding fifty dollars in value, exclusive of such as is exempt from execution, and no other shall be entitled to vote at any school meeting held in such district, for all school district officers aud upon all matters which may be brought before said Meetings in common school districts 35 TITLE 7 meetrng:. No person shall be deemed to be ineligible to vote at i^^Jif;'^®,"'^^ any sucL school disti-ict meeting, by reason of sex, who has one ^f/g*"^^"" or more of the other qualifications required by this section. § 12 If any person offering to vote at any school district challenges meeting shall be challenged as unqualified, by any legal voter In such district, the chairman presiding at such meeting shall require the person so offering, to make the following declara- tion: " I do declare and affirm that I am, and have been, for the Deciara- thirty days last past, an actual resident of this school district upon and that I am qualified to vote at this meeting." And every person making such declaration shall be permitted to vote on all questions proposed at such meeting; but if any person shall refuse to make such declaration, his or her vote shall be rejected. § 13 Any person who shall willfully make a false declaration ^'^^fjf^^ etc. of his or her right to vote at any such school meeting, after his or her right to vote thereat has been challenged, shall be deemed guilty of a misdemeanor. And any person not qualified to vote at any such meeting, who shall vote thereat, shall thereby forfeit five dollars, to be sued for by the supervisor for the benefit of the common schools of the town. § 14 The inhabitants entitled to vote, when duly assembled of'm^.Mct in any district meeting, shall have power, by a majority of the meeting votes of those present: 1 To appoint a chairman for the time being. 2 If the district clerk be absent to appoint a clerk for tlie time. 3 To adjourn from time to time as occasion may require. 4 To elect one or three trustees as hereinafter provided, a Election ^ ' of district district clerk and a district collector, and in any district which officers shall so determine, as hereinafter provided, to elect a treasurer, at their first meeting, and so often as such offices or any of them become vacated, except as hereinafter provided. All dis- trict officers shall be elected by ballot. At elections of district saiiotbox officers, the trustees shall provide a suitable ballot box. Two inspectors of election shall be appointed in such manner as the inspectors meeting shall determine, who shall receive the votes cast, and °^ ^^*^*^*^'*'^ canvass the same, and announce the result of the ballot to the chairman. A poll-list containing the name of every person p^^u.ug^ whose vote shall be received shall be kept by the district clerk, or the clerk for the time of the meeting. The ballots shall be saiiots written or printed, or partly written and partly printed, con- taining the name of the person voted for and designating the office for w^hich each is voted for. The chairman shall declare Declaration to the meeting the result of each ballot, as announced to him by "^'"^s""' Consolidated school law Treasurer, election of, how de- termined Eligibility to office Term of office Collector's and treas- urer's ijonds Designation of site Special meeting tlierefor Tax for sites and school- bouses Tax for ap- paratus and textbooks Tax for school library the inspectors, and tlie persons having the mcxjority of TOteSf, respectively, for the several offices, shall be elected. 5 At the first meeting, or at any snbseq.uent annual meeting,, or at any special meeting duly called for that purpose, the quali- fied votes of any school district are authorized to adopt by a. vote of a majority of such voters present and voting, to be ascer- tained by taking and recording the Sijes and noes, a resolution to elect a treasurer of said district, who shall be the custodian of all moneys belonging to said district, and the disbursing officer of such moneys. If such resolution shall be adopted,, such voters shall thereupon elect by ballot a treasurer for said district. No person shall be eligible to the office of treasurer unless he is a qualified voter in, and a taxable inhabitant of said district. Any person elected treasurer at any meeting other than an annual meeting, shall hold office until the next annual meeting after such election, and until his successor shall be elected or appointed, and thereafter a treasurer shall be elected at each annual meeting for the term of one year. 6 To fix the amount in which the collector and treasurer, shall give bonds for the due and faithful performance of the duties of their offices. 7 To designate a site for a school-house, or, with the consent of the commissioner or commissioners within whose district or districts the school-house lies, to designate sites for two or more school-houses for the district. Such designation of a site or sites for a school-house can be made only at a special meeting of the district, duly called for such purpose by a written reso- lution in which the proposed site shall be described by metes and bounds, and which resolution must receive the assent of a majority of the qualified voters present and voting, to be ascer- tained by taking and recording the ayes and noes. 8 To vote a tax upon the taxable property of the district to purchase, lease and improve such site or sites or an addition to such site or sites; to hire or purchase rooms or buildings for school-rooms or school-houses, or to build school-houses; and to keep in repair and furnish the same with necessary fuel, furni- ture and appendages. 9 To vote a tax, not exceeding twenty-five dollars in any one year, for the purchase of maps, globes, blackboards and other school apparatus, and for the purchase of text-books and other school necessaries for the use of poor scholars of the district. 10 To vote a tax for the establishment of a school library and the maintenance thereof, or for the support of any school library already owned by said district, and for the purchase ot Meetings in common school districts 37 TITLE 7 books therefor, and such sum as they may deem necessary for the purchase of a book-case. 11 To vote a tax to supply a deficiency in any .former tax J^'jj°f,c,es arising from such tax, being in whole or in part, uncollectible. 12 To authorize the trustees to cause the school-house or insuranctj of piopeity school-houses, and their furniture, appendages and school appa- ratus to be insured by any insurance company created by or under the laws of this state. 13 To alter, repeal and modify their proceedings, from time ^^'^^J^^'J^J^. to time, as occasion may require. '"^^ 14 To vote a tax for the purchase of a book for the purpose of Jec^/^ boou recording their proceedings. 15 To vote a tax to replace moneys of the district, lost or J^f^.^°^ embezzled by district officers; and to pay the reasonable ex- °'°"*^J* penses incurred by district officers in defending suits or appeals ^^^p^j[f^ brought against them for their official acts, or in prosecuting suits or appeals by direction of the district against other parties. 16 To vote a tax to pay whatever deficiency there may be in J^^^l°l^, teachers' wages after the public money apportioned to the dis- ^^^^®^ trict shall have been applied thereto; but if the inhabitants shall neglect or refuse to vote a tax for this purpose, or if they shall ^ay ra?se vote a tax which shall prove insufficient to cover such deficiency, "'°^''^^ then the trustees are authorized, and it is hereby made their duty, to raise, by direct tax, any reasonable sum that may be necessary to pay the balance of teachers' wages remaining un- paid, the same as if such tax had been authorized by a vote of the inhabitants. 17 To vote a tax to pay and satisfy of record anv judgment T^^s^for r ti J t.' J o judgments or judgments of a competent court which may have been or e?s*wages shall hereafter be obtained in an action against the trustees of the district for unpaid teachers' wages against the trustees of the district, where the time to appeal from said judgment or judgments shall have lapsed, or there shall be no intent to appeal on the part of such district, or the said judgment or judgments is or are or shall be of the court of last resort; but if the inhabitants shall neglect or refuse to vote a tax for Trustees ^ maj' levy this purpose, or, if they vote a tax which shall prove insufficient ^^y^^*"** to fully satisfy said judgment or judgments, then the trustees are authorized and it is hereby made their duty to raise by district tax the amount of said judgment or judgments, or the deficiency which may exist in any tax voted by said inhabitants to pay said judgment or judgments, the same as if such tax had been authorized by a vote of the inhabitants, and the '^^^fH^^ trustees are hereby authorized, and it is hereby made their meeting ss Consolidated school law Vote on ex- p<>nditures of niouey or levy of tax Conveyauoe of pupils to (ither dis- tricts Election of officers in districts over 2C0 Time of holding same Notice of election duty forthwith, after the expiration of thirty days from notice of any judgment or judgments having been entered against the district or the trustees thereof for unpaid teachers' wages, to call a meeting of the inhabitants of said district, who shall have power, as aforesaid, to vote a tax to pay said judgment or judg- ments; and in case they refuse or neglect to do so, the trustees are authorized, and it is hereby made their duty, unless said judgment or judgments are appealed from, to raise by district tax the amount of said judgment or judgments as hereinbefore provided. IS Tn all propositions arising at said district meetings, in- volving the expenditure of money, or authorizing the levy of a tax or taxes, the vote thereon shall be by ballot, or ascertained by taking and recording the ayes and noes of such qualified voters attending and voting at such district meetings. *19. Whenever any district shall have contracted with the school authorities of any city or village or other school district for the education therein of the pupils residing in such common school district, the inhabitants thereof entitled to vote are authorized to provide, by tax or otherwise, for the conveyance of the pupils residing therein to the schools of such city, village or district with which such contract shall have been made, and the trustees thereof may contract for such conveyance when so authorized in accordance with such rules and regulations as they may establish. § 15 In school districts in which the number of children of school age exceeds three hundred, as shown by the last annual report of the trustees to the school commissioner, the qualified voters of any such district, at any annual meeting thereof, may by the vote of a majority of those present and voting, to be ascertained by taking and recording the ayes and noes, determine that the election of officers of said district shall be held on the Wednesday next following the day designated by law for holding the annual meeting of said district. Until such determination shall be changed, such election shall be held on the Wednesday next following the day on which such annual meeting of such district shall be held in each year, between the hours of twelve o'clock noon and four o'clock in the after- noon, at the principal school-house in such district, or such other suitable place as the trustees may designate. When the place of holding such election is other than at the principal school-house, the trustees shall give notice thereof by the pub- lication of such notice, at least, one week before the time of holding such election, in some newspaper published in the ♦Added by section 5. cliapter 261, laws of 1896. Meetings iis common school districts ^9 TITLE 7 district, or by posting the same in five conspicuous places in Extension ^ ^ or time the district. The trustees may, by resolution, extend the time of holding the election from four o'clock until sunset. The inspectors of election trustees shall act as inspectors of election, and if a majority of tie trustees shall not be present at the time for opening the polls, those of them in attendance may appoint any of the legal voters of the district present to act as inspectors in place of the absent trustees; and if none of the trustees shall be present at the time of opening the polls, the legal voters present may choose three of their number to act as inspectors. If any such district shall have but one trustee, the legal voters of the dis- trict present at the time of opening the polls, may choose two of their number to act with said trustee as inspectors. The Record district clerk shall attend at the election, and record in a book ° to be provided for that purpose, the name of each elector as he or she deposits his or her ballot. If the district clerk shall be absent, or shall be unable or refuse to act, the trustees or inspectors of election shall appoint some person who is a legal voter in the district to act in his place. Any clerk or acting Penalty for clerk at such election who shall neglect or refuse to record the record" '^ names name of a person whose ballot is received by the inspectors, shall be liable to a fine of twenty-five dollars, to be sued for by the supervisor of the town. If any person offering to vote challenge at such election shall be challenged as unqualified, by any legal voter, the chairman of the inspectors shall require the person so offering to vote to make the following declaration : " I do Declaration thereupon declare and affirm that I am and have been for the thirty days last past an actual resident of this school district, and that I am legally qualified to vote at this election." Every person making such declaration shall be permitted to vote; but if any person shall refuse to make such declaration, his or her ballot shall not be received by the inspectors. Any person Penalty •^ ^ ^ r- fur illegal who, upon being so challenged, shall willfully make a false voting.etc. declaration of his or her right to vote at such election, is guilty of a misdemeanor. Any person who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit the sum of ten dollars, to be sued for by the supervisor of the town for the benefit of the school or schools of the district. The trustees of the district shall, at the expense of the district, Baiiotbox provide a suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain the names of Baiiots the persons voted for, and shall designate the office for which each one is voted, and such ballots may be either written or printed, or partly written and partly printed. The inspectors, vot^lind^ immediately after the close of the polls shall proceed to canvass of r'e^sSte"^ 40 CoXSOLIDATErD SCHOOL LAW Special election Tpi-ms of officers elected thereat Election disputes, iiow decided litmitation of foregoing provisions the votes. They shall first count the ballots to determine if they tally with the number of names recorded by the clerk. If they exceed that number, enough ballots shall be withdrawn to make them correspond. Said inspectors shall count the votes and announce the result. The person or persons having a majority of the votes respectively for the several offices shall be elected, and the clerk shall record the result of such ballot and election as announced by the inspectors. Whenever the time for holding such election as aforesaid shall pass without such election being held in any such district, a special election shall be called by the trustees or clerk, and if no such election be called by the trustees or clerk within twenty days after such time shall have passed, the school commissioner or the superintendent of public instruction may order an inhabitant of such district to give notice of such election in the manner provided in the second section of this title; and the officials elected at such special election shall hold their respective offices only until the next annual election, and until their successors are elected and shall have qualified, as in this act provided. All disputes concerning the validity of any such election, or of any votes cast thereat, or of any of the acts of the inspectors or clerk, shall be referred to the superintendent of public in- struction, whose decision in the matter shall be final. Such superintendent may, in his discretion, order a new election in any district. The foregoing provision shall not apply to school districts in cities, nor to union free school districts whose limits correspond with those of an incorporated village, nor to any school district organized under a special act of the legislature, in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in common school districts, organized under the general law, nor to any of the school districts in the counties of Kichmond, Suffolk, Chenango, Westchester, Warren, Erie and St. Lawrence. ARTICLE 2 J.ocation of school- houses Approval of tax over Of district school-houses and sites § 16 Ko school-house shall be built so as to stand, in whole or in part, upon the division line of any two towns. § 17 No tax voted by a district meeting for building, hiring or purchasing a school-house or an addition to a school-house ex- ceeding the sum of five hundred dollars, shall be levied by the trustees unless the commissioner in whose district the school- liouse of said district so to be built, hired or purchased or added MlIKTlNGS IX COMMON SCHOOL DISTRICTS 41 TITLE 7 to is situated shall certify, in writing, bis approval of such larger sunj. And no scliooMiouse shall be built in any school district of this state until the plan of ventilating, heating and ^PP[°^f li;^bting such school-house shall be approved in writing by said school commissioner. But nothing herein contained shall in- Proviso validate any tax that shall or may hereafter be levied for build- ing or repairing school-houses which in other respects comply with existing statutes. *^ 18 Whenever a majority of the inhabitants of any school eoiTection district entitled to vote, to be ascertained by taking and record- i"nstaii-*" ing the ayes and noes of such inhabitants attending and voting favorlbie*"* at any annual, special or adjourned school district meeting, legally called or held, shall determine that the sum proposed and provided for in the last preceding section shall be raised by installments, it shall be the duty of the trustees of such district, and they are hereby authorized to cause the same to be raised, levied and collected in equal installments in the same manner and with the like authority that other school taxes are raised, levied and collected, and to make out their tax-list and warrant for the collection of such installments, with interest thereon, as they become payable, according to the vote of the said in- habitants; but the payment or collection of the last installment shall not be extended beyond twenty years from the time such vote was taken; and no vote to levy any such tax shall be re- Reconsid- ^ "^ "^ eration of considered except at an adjourned annual or special meeting, ^o'e to be held within thirty days thereafter, and a like majority shall be required for reconsideration as that by which tax was originally imposed. For the purpose of giving effect to these issue provisions, trustees are hereby authorized, whenever a tax shall ■have been voted to be collected in installments for the purpose of building a new school-house or an addition to a school-house, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding six per centum, and to issue bonds or other evidences of indebtedness therefor, which shall be a <;harge upon the district and be paid at maturity, and which shall not be sold below par. Due notice of the time and place Nouce of the sale of such bonds shall be given at least ten days prior thereof thereto. It shall be the duty of the trustees or the person or persons having charge of the issue or payment of such indebted- ness, to transmit a statement thereof to the clerk of the board of supervisors of the county in which such indebtedness is cre- ated, annually, on or before the first day of November. § 19 So long as a district shall remain unaltered, the site of a change school-house owned by it, uj)on which there is a school-house ^emovai'of 'i , sehool- * As amenripd by sPMlon 1, chapter 274, laws o" 1S95. liouse CONSOLIDATEID SCHOOL LAW erected or in process of erection, shall not be changed, nor sacb school-house be removed, unless by the consent, in writing, of the school commissioner having jurisdiction; nor with such con- sent, unless a majority of all the legal voters of said district present and voting, to be ascertained by taking and recording, the ayes and noes, at a special meeting called for that purpose,, shall adopt a written resolution designating such new site, and describing such new site by metes and bounds. § 20 Whenever the site of a school-house shall have been changed, as herein provided, the inhabitants of a district enti- tled to vote, lawfully assembled at any district meeting, shall have power, by a majority of the votes of those present, to direct the sale of the former site or lot, and the buildings thereon and appurtenances or any part thereof, at such price and upon such terms as they shall deem proper; and any deed duly exe- cuted by the trustees of such district, or a majority of them^ in pursuance of such direction, shall be valid and effectual to pass all the estate or interest of such school district in the premises, and when a credit shall be directed to be given upon such sale for the consideration money, or any part thereof, the trustees are hereby authorized to take in their corporate name such security by bond and mortgage, or otherwise, for the pay- ment thereof, as they shall deem best, and shall hold the same as a corporation, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and the trustees of any such district for the time being may, in their name of office, sue for and recover the moneys due and unpaid upon any security so taken by them or their predecessors. § 21 A.11 moneys arising from any sale made in pursuance of the last preceding section, shall be applied to the expenses in- curred in procuring a new site, and in removing or erecting thereon a school-house, and improving and furnishing such site and house, and their appendages, so far as such application shall be necessary; and the surplus, if any, shall be devoted to the purchase of school apparatus and the support of the school, as the inhabitants at any annual meeting shall direct. AETICLE 3 Of the qualification, election and terms of office of district officers^ and of vacancies in such offices § 23 "No school commissioner or supervisor is eligible to the office of trustee, and no trustee can hold the office of district clerk, collector, treasurer or librarian. Meetings in common school districts 43 TITLE 7 § 23 Every district officer must be a resident of his district, Quaimca- " " ' lions of dis- and qualified to vote at its meetings. No person shall be eligible *^'r^g*°*^* to hold any school district office who can not read and write. § 2-1 From one annual meeting to the next is a year within Terms of '^ o .; office the meaning of the following provisions: The term of office of a sole trustee of a district is one year. The full term of a joint trustee is three years, but a joint trustee may be elected for one or two years, as herein provided. The term of office of all other district officers is one year. Every district officer shall hold his office, unless removed during his term of office, until bis successor shall be elected or appointed, § 25 The terms of all officers elected at the first meeting of a inspiration " "^ of terms or newly created district shall expire on the first Tuesday of fees**"""^" August, next thereafter. § 26 On the first Tuesday of August next after the erection f^^f^^l ^^ of a district, at its first annual meeting, the electors shall deter- ^^"^ ^'""^ mine, by resolution, whether the district shall have one or three trustees: and if they resolve to have three trustees, shall elect ^^^^j^\ the three for one, two and three years, respectively, and shall designate by their votes for which term each is elected; there- after in such district, one trustee shall be elected at each annual meeting to fill the office of the outgoing trustee. The electors ^/^^^J5*g° of any district having three trustees, shall have power to decide by resolution, at any annual meeting, whether the district shall have a sole trustee or three trustees, and if they resolve to have a sole trustee, the trustee or trustees in office shall continue in office until their term or terms of office shall expire, and no ■election of a trustee shall be had in the district until the offices of such trustee or trustees shall become vacant by the expira- tion of their terms of office or otherwise, and thereafter but one trustee shall be elected for said district, until the electors of Jjjf^^tf^®"' a district having decided to have but one trustee shall deter- mine at an annual meeting, by a two-thirds vote of the legal voters present thereat, to have three trustees; in which case they shall, upon the adoption of such resolution, proceed to «lect three trustees or such number as may be necessary to form a board of three trustees, in the same manner as provided in this section for the election of three trustees at the first annual meeting after the erection of a district; and thereafter in such district, one trustee shall be elected for three years, at each annual meeting, to fill the office of the outgoing trustee. § 27 It shall be the duty of the district clerk, or of any person ^^^^^^ who shall act as clerk at any district meeting, when any officer ^^^^^^ shall be elected, forthwith to give the person elected notice 44 Consolidated school law Acceptance and refusal of office Office of collector or trea-urer, whi-u vacaiod Vaeai:cies in (iffice of trustee Neglect of duty or refusal to serve vacates office Vacancies In office of cl»*rK, col- lector or treasurer Filing and notice of appo'nt- meut Penalty for refusal to serve or neglect of duty thereof in writing; and such person shall be deemed to have accepted the office, unless, within five days after the service of such notice, he shall file his written refusal with the clerk. The presence of any such person at the meeting which elects him to office, shall be deemed a sufficient notice to him of his election. § 28 The collector or treasurer vacates his office by not exe- cuting a bond to the trustee or trustees, as hereinafter required^ and the trustee or trustees may supply the vacancy. § 29 In case the office of a trustee shall be vacated by his death, refusal to serve, incapacity, removal from the district, or by his being removed from the office, or in any other manner, and the vacancy be not supplied by a district meeting within one month thereafter, the school commissioner of the commis- sioner district, within which the school-house or principal school-house of the district is situated, may, by a writing, under his hand, appoint a competent person to fill it. If such vacancy is supplied by a district meeting, it shall be for the balance of the unexpired term; but when such vacancy is supplied by appointment by a school commissioner it shall be only until the next annual meeting of the district. § 30 A trustee who publicly declares that he will not accept or serve in the office of trustee, or who refuses or neglects to attend three successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse there- for to the otht'r trustees, or trustee, where there are but two, vacates his office by refusal to serve. § 31 Any vacancy in the office of clerk, collector or treasurer^ may be supplied by appointment under the hands of the trustee or trustees of the district, or a majority of them, and the ap- pointees shall hold their respective offices until the next annual meeting of the district, and until others are elected and take tlieir places. § 32 Every appointment to fill a vacancy shall be forthwith filed, by the commissioner or trustees making it, in the office of the district clerk, who shall immediately give notice of the ai)pointment to the person appointed. § 33 Every person chosen or appointed to a school district oflke, who, being duly qualified to fill the same, shall refuse to serve therein, shall forfeit five dollars; and every person so chosen or appointed, who, not having refused to accept the office, shall willfully neglect or refuse to perform any duty thereof, shall by such neglect or refusal vacate his office and shall for- feit the sum of ten dollars. These penalties are for the benefit Meetings in common school districts 45 TITLE 7 of the school or schools of the district. But the school commls- Acceptauce of resigna- sioner of the commissioner district wherein any such person ""'^ resides may accept his written resignation of the office, and the filing of such resignation and acceptance in the office of the dis- trict clerk shall be a bar to the recovery of either penalty in this f^|];;s^°frs section mentioned; or such resignation may be made to and pe^'j^'it^ ''^ accepted by a district meeting. ARTICLE 4 Of the duties of tlie distinct cleric and treasurer § 34 It shall be the duty of the clerk of each school district: Duties of "^ ^ clerk 1 To record the proceedings of all meetings of the voters of his district in a book to be provided for that purpose by the Keewdof •^ J. i ./ proceeclinj^s district, and to enter therein true copies of all reports made by and repuns the trustee or trustees to the school commissioner. 2 To "ive notice, in the manner prescribed by the sixth section Notice of of this title, or by the inhabitants, pursuant to such section, of the time and place of holding special district meetings called by the trustee or trustees. 3 To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least five of the most public places of such district, at least five days before the time appointed for such adjourned meeting. 4 To give the like notice of every annual district meeting. 5 To give notice immediately to every person elected or Notice to appointed to office of his election or appointment; and also to ^"'''*f,'^t^?J report to the town clerk of the town in which the school-house of his district is situated, the names and post-office addresses of uames^°nd such officers, under a penalty of five dollars for neglect in each ^ instance. C To notify the trustee or trustees of every resignation duly accepted by the school commissioner. 7 To keep and preserve all records, books and papers belong- t^f,^ 1'^;;';,^. ing to his office and to deliver the same to his successor. For a recoi'df ""* refusal or neglect so to do, he shall forfeit fifty dollars for the benefit of the school or schools of the district, to be recovered by the trustees. S Tn case his district shall be dissolved, to obey the order of of'^ecor'if the school commissioner or commissioners as to depositing the uLuictr''* books, papers and records of his office in the tow^n clerk's office. 9 To attend all meetings of the board of trustees when noti- at"trast1e''® fied, and keep a record of their proceedings in a book provided "^®'"'^* for that purpose. Notice of resigna- tions 46 Consolidated school law TITLE t Calling 10 To call special meetings of the inhabitants whenever all special *■ meetings ^hc trustees of the district shall have vacated their office. frc%m'p- ^^ "^^^ records, books and papers belonging or appertaining tric^ts^ '^'^' to the office of the clerk of any school district, as in this section mentioned, are hereby declared to be the property of said school ^fspecuon district respectively, and shall be open for inspection by any qualified voter of the district at all reasonable hours, and any such voter may make copies thereof. hiTauaM' § S5 The treasurer of a school district shall be the custodian of all moneys belonging to the district from whatever source llToyfr^° derived, and it is hereby made the duty of the trustee or trustees "reasM^** of such district to pay to such treasurer any and all moneys that may come into his or their hands belonging to such district derived from sales of personal or real property of the district, from insurance policies, from bonds of the district issued and Collector to soM by him or them, or from any other source whatsoever. The moneys colloctor of such district shall pay over to such treasurer all moneys collected by him under and by virtue of any tax list Mayde- and Warrant issued and delivered to him. Such treasurer is man'l and Tbuo® hereby authorized and empowered to demand and receive from moneys i]^q supervisor of the town in which such school district is Treasurers gjtnated all pubHc money apportioned to said district. It shall be the duty of such treasurer within ten days after notice of his election to execute and deliver to the trustee or trustees of such district, his bond in such sum as shall have been fixed by a dis- trict meeting or as such trustee or trustees shall require, with at least two sureties to be approved by such trustee or trustees, conditioned to faithfully discharge the duties of his office, and to well and truly account for all moneys received by him, and to pay over any sum or sums of money remaining in his hands to his successor in office. Such bond when so executed and approved in writing by such trustee or trustees shall be filed Dibburso- with the district clerk. No moneys shall be paid out or dis- ments, how '' t^ made burscd by such treasurer except upon the written orders of a ?e!.^°pts°ind s^'g trustee, or a majority of the trustees. Such treasurer shall, mentr^" whcuevor required by such trustee or trustees, report to him or them a detailed statement of the moneys received by him, and his disbursements, and at the annual meeting of such district he shall render -a full account of all moneys received by him and from what source, and when received, and all disbursements made by him and to whom and the dates of such disbursements respectively, and the balance of moneys remaining in his hands. Meetings in common school DiSTRiora 47 TITLE 7 ARTICLE 5 ' Of pupils and teachers § 86 Common schools in the several school districts of this Admission of pupils to state shall be free to all persons over five and under twentv-one common ' ■ schools years of age residing in the district as hereinafter provided; but Qon-resideiits of a district, if otherwise competent, may be admitted into the school of a district, with the written consent of the trustees, or of a majority of them, upon such terms as the trustees shall prescribe; provided that if such non-resident taxation of noil res i- pupils, their parents or guardians, shall be liable to be taxed ^^ut^g for the support of said schools in the district, on account of own- ing property therein, the amount of any such tax paid by a non- ret-ident pupil, his parent or guardian, during the current school jcai, shall be deducted from the charge for tuition. * § 37 If a school district include a portion of an Indian reserva- Adnnssjou ^ or Indian tion, whereon a school for Indian children has been established p"p"^ by the superintendent of public instruction, and is taught, the schcol of the district is not free to Indian children resident in the district or on the reservation, nor shall they be admitted to such school except by the permission of the superintendent. *^ 88 No teacher is qualified, within the meaning of this act, ^lonsof*" who does not possess an unanniilled diploma granted by a state *®'^''''^" normal school, or an unrevoked and unannulled certificate of qualification given by the superintendent of public instruction, or an unexpired certificate of qualification given by the school commissioner within whose district such teacher is employed. No person shall be deemed to be qualified who is under the age of eighteen years. § 39 No part of the school moneys apportioned to a district un''™''nfied' can be applied or permitted to be applied to the payment of the prohlbued wages of an unqualified teacher, nor can his or her wages, or any part of them, be collected by a district tax. § 40 Any trustee who applies, or directs, or consents to thePenfUyfor o ^ L c 7 7 such pay- application of any such money to the payment of an unqualified '''^'^'' teacher's wages, thereby commits a misdemeanor; and any fine imposed upon him therefor shall be for the benefit of the com- mon schools of the district. § 41 Teachers shall keep, prepare and enter in the books pro- Jl^'^^jf^fg [,^ Tided for that purpose, the school lists and accounts of attend- |«endance, ance hereinafter mentioned, and shall be responsible for their safe-keeping and delivery to the clerk of the district at the close of their engagements or terms. ♦ As amended by section 6, chapter 864, laws of 1896, f(ir|n)' a- tioii Sol(> inis- tft', Ills 48 C0NS0Lir3ATB'D SCHOOL LAW TITLE 7 ARTICLE 6 Of irustccSf ihcir powers and duties; and of scJiool taxes and annual reports trulum § 42 The ii'iistee or trustees of every school district, whether there is one, or are three trustees, as hereinbefore provided, shall constitute a board for each of said districts respectively, and each of said boards are hereby severally created bodies corporate. bM^rH as*n § ^^ ^^^ property which is now vested in, or shall hereafter be transferred to the trustee or trustees of a district, for the use of schools in the district, shall be held by him or them as a corporation. § 44 A board consisting of a sole trustee of the district shall diuK.r ^'"^ liiive all the powers, and be subject to all the duties, liabilities and penalties conferred and imposed by law upon or against a board of three trustees or any trustee or trustees, or a majority of the trustees of said board having three trustees of a district. UM^^on u.j § ^^ '^^^ trustee or trustees of a district compose a board,. by boai.1 rjjj^i every power committed to said trustees by this act must be exercised by the board. The board must meet for the trans- action of business in accordance with notice of time and place. ^i?ms!"'io., ^" '^ board composed of three trustees when two only meet to tec'sTauIi"*" deliberate upon any matter or matters, and the third, if notified, does not attend, or the three meet and deliberate thereon, the conclusion of two upon the matter, and their order, act or pro- ceeding in relation thereto, shall be as valid as though it were tiunir* the conclusion, order, act or proceeding of the three; and a evuiiiifo i-eeital of the two in their minute of the conclusion, act or pro- ceeding, or in their order, act or proceeding of the fact of such notice, or of such meeting and deliberation, shall be conclusive Meeiinp evidence thereof. A meeting of the board may be ordered bv ciilioil by ° ftuy mom- .^j^y juouiber tlicreof, by giving not less than twenty-four hours^ notice of the same. trust ol'i''"^ § 4G While there is one vacancy in the office of trustee, the I'asooi'va- two trustecs have all the powers and are subject to all the duties and liabilities of the three. And while there are two such vacancies, the trustee in office shall have all the power and be subject to all the duties and liabilities of the three, as nriui'nss though he were a sole trustee. When a vacancy or vacancies u™»m- gij.^ij ^^,^,^^^. jjj u^g ^^i^^^.p ^^ trustee, the first act of the board shall be to call a s])ecial meeting of the district to supply such vacancy or vacancies. Meetings in common school districts 4^ TITLE 7 § 47 It shall be the duty of the trustee or trustees of every »«*'?« of " trustees school district, and they shall have power: 1 To call special meetings of the inhabitants of such districts ^"g^g'^/fj whenever they shall deem it necessary and proper. 2 To give notice of special, annual and adjourned meetings Notice of ,, .,T.,.,, . meetings. in the manner prescribed in the sixth section of this title, if there be no clerk of the district, or he be absent or incapable of acting, or shall refuse to act. 3 To make out a tax-list of every district tax voted by any Taxiist such meeting, or authorized by law, containing the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, set opposite to his name, as directed in the seventh article of this title. 4 To annex to such tax-list a warrant, directed to the col- waimut to collector lector of the district, for the collection of the sums in such list mentioned. 5 To purchase or lease a site or sites for the district school- rease!'efc.'. house or school-houses, as designated by a meeting of the dis- houses''etc. trict; and to build, or purchase such school-house or houses as may be so designated; and to hire rooms or buildings for such school purposes, and to keep in repair and furnish such school- f^fPjftuil'** house or houses, rooms or buildings with necessary fuel, furni- ture, school apparatus, heating apparatus and appendages, and to pay the expense thereof by tax, but such expense shall not exceed fifty dollars in any one year, unless authorized by the district or by law. 6 To have the custody and safe-keeping of the district school- property"^ house or houses, their sites and appurtenances. 7 When thereto authorized by a meeting of the district to nfsdfont^ insure the school-house or houses, and their furniture, and the palatusr^' school apparatus in some company created by or under the laws of this state, and to comply with the conditions of the policy, and raise the premiums by a district tax. If the district meet- ing shall neglect 'to make such authorization, it shall be the duty of the trustee or trustees to insure such school-house or houses, and their furniture and school apparatus, and the pre- miums paid shall be raised by district tax. 8 To insure the school library in such a company in a sum ^fX^aiT fixed by a district meeting, and to raise the premium by a district tax, and com]>ly with the conditions of the policy. *9 To contract with and employ all teachers in the district StITf school or schools as are qualified under the provisions of this act, and to designate the number of teachers to be employed; to ♦Ao amended by section 9, chapter 264, laws of 1S96. 4 50 OONSOLIDATBD SCHOOL LAW TITLE 7 Term of -employ- meat ©ismissal of teachers Revocation •of certifl- •cates ■Claim for ■wages Contracts for em- ployment of teachers Pay of teachers, when due determine the rate of compensation to be paid to each teacher) and the term of the employment of each teacher, respectively, and to determine the terms of school to be held in their respec-i live districts during each school yearj but no person who is related to any trustee or trustees by blood or marriage shall be so employed, except with the approval of two-thirds of the voters of such district present and voting upon the question at an annual or special meeting of the district. Nor shall the trus- tees of any school district make any contract for the employ- ment of a teacher for more than one year in advance. Nor shall any trustee or trustees, employ any teacher for a shorter time than ten weeks unless for the purpose of filling out an unex- pired term of school. Nor shall any trustee or trustees contract with any teacher whose certificate of qualification shall not cover a period at least as long as that covered by the contract of service. Nor shall any teacher be dismissed in the course of a term of employment, except for reasons which, if appealed to the superintendent of public instruction, shall be held to be suf- ficient cause for such dismissal. Any failure on the part of a teacher to co'mplete an agreement to teach a term of school with- out good reason therefor shall be deemed sufficient ground for the revocation of the teacher's certificate. Any person employed in disregard of the foregoing provisions shall have no claim for wages against the district, but may enforce the specific contract made against the trustee or trustees consenting to such employ- ment as individuals. *10 All trustees of school districts who shall employ any teacher to teach in any of said districts shall, at the time of such employment, make and deliver to such teacher, or cause to be made and delivered, a contract in writing, signed by said trustee or trustees, or by some person duly authorized by said trustee or trustees to represent him or them in the prem- ises, in which the details of the agreement between the parties, and particularly the length of the term of employment, the amount of compensation and the time or times when such compensation shall be due and payaJble shall be clearly and definitely set forth. The pay of any teacher employed in any of the school districts of this state shall be due and payable at least as often as at the end of each calendar month of the term of employment. 11 To establish rules for the government and discipline of the schools in their respective districts; and to prescribe the course of studies to be pursued in such schools. Provision shall *As amended by section S, chapter 264, laws of 1896. Meetings in common school districts 51 TITLK 7 be made for instructing pupils in all schools supported bj ^?**u"?fs*jB public money, or under state control, in physiology and hygiene, I'ndly"^'' with special reference to the effect of alcoholic drinks, stimu- ^'^^^ lants and narcotics upon the human system. 12 To pay, towards the wages of such teachers as are quali- fea^.™e^M-^" fied, the public moneys apportioned to the district legally ap- ^*^^^ plicable thereto, by giving them orders therefor on the super- visor, or on the collector or treasurer of such district when duly qualified to receive and disburse the same, arid to collect, as herein provided, the residue of such wages by direct tax. But no trustee shall issue any order or draw a draft upon a ^,''„^u%/*"' supervisor, collector or treasurer for any money unless there isiliT ''''' *** shall be at the time a sufficient amount of money in the hands of such supervisor, collector or treasurer belonging to the district, to meet such order or draft, and a violation of this provision by any trustee shall be a misdemeanor and punishable meanor as such. If, at the time of the employment of a qualified teacher for a term of school, there shall be no public moneys in the pjfteacil*'^ hands of the supervisor, collector or treasurer applicable to ®'"^' '^'^^''^ the payment of teachers' wages, or if there shall not be a sufficient amount in the hands of either or all such officers to enable the trustee or trustees to pay the teachers' wages as they fall due, and the district meeting has failed or neglected to authorize a tax to pay the same, the trustee or trustees of such school district are hereby authorized and empowered, and it shall be their duty, to collect by district tax an amount sufficient to pay the wages of such teacher for such term, but not to exceed four months in advance. 13 To divide such public moneys apportioned to the district, ^ibu!?''"^ whenever authorized by a vote of their district into two or eachYerm^ more portions for each year; to assign and apply one of such portions to each term during which a school shall be kept in such district, for the payment of teachers' wages during such ^f°SS& term; and to collect the residue of such wages not paid by the byTal'^^ proportion of- public money allotted for that purpose, by district tax as herein provided. 14 To draw upon the supervisor, the collector or treasurer, ^rawing oe when duly qualified to receive and disburse the same, for the school and library moneys, by written orders signed by the sole trustee, or where there are three trustees, signed by a majority of said trustees as prescribed by subdivisions one and two of section four of title three of this act. 13 After having paid toward the wages of such teachers as Tax for ^ r o balat ce or are qualified, the public moneys o^ the district legally apph-^ases 52 OONSOLIDATEiD SCHOOL LAW TITLE 7 Orders on collector and treas- turer When f or- (bidden Water- closets Expense and tax therefor Stairways ■on outside ■of biiild- dngs Trustees to cause same to be con- structed, «tc. Repali-s to school- tiouscs and apparatus cable thereto, by giving them orders on the supervisor, collector or treasurer therefor, to collect the residue of such wages by a district tax, or, if the same shall have been already collected, to give such teacher an order on the collector or treasurer for the balance of his or her wages still remaining unpaid. But it shall be a misdemeanor, and punishable as such, for a trustee or trustees to give an order upon the collector or treasurer unless there shall be in the hands of said collector or treasurer, at the time, sulScient money belonging to the district to meet the saLne. § 48 The trustee or trustees in the several school districts shall provide suitable and convenient water-closets or privies for each of the schools under their charge, at least, two in number, which shall be entirely separated each from the other, and having separate means of access, and the approaches thereto shall be separated by a substantial close fence not less than seven feet in height. It shall be the duty of the trustee or trustees aforesaid to keep the same in a clean and wholesome condition, and a failure to comply with the foregoing provisions of this section on the part of such trustee or trustees, shall be suflticient ground for his or their removal from office, and for withholding from the district any share of the public moneys of the state. Any expense incurred by such trustee or trustees in carrying out the requirements of this act shall be a charge upon the district, when such expense shall have been approved by the school commissioner of the district within which the school district is located, and a tax may be levied therefor without a vote of the district. § 49 All school buildings situated in the school districts of the state, other than in the cities of New York and Brooklyn, which are more than two stories high, shall have properly con- structed stairways on the outside thereof, with suitable door- ways leading thereto, from each story above the first, for use in case of fire. Such stairways shall be kept in good order and free from obstruction. It shall be the duty of the trustee or trustees having charge of said school buildings in school dis- tricts to cause such stairways to be constructed and maintained, and the reasonable and proper cost thereof, shall, in each case, be a legal charge upon the district, and shall be raised by tax, as other moneys are raised for school purposes. § 50 The trustee or trustees of each school district shall keep each of the school-houses under his or their charge, and its fur- niture, school apparatus and appendages, in necessary and proper re])air, and make the same reasonably cnrrfortable for use. but not at an expense of exceeding fifty dollars in any one year, except by a vote of the district. Said trustee or trustees MlCDTlXGS IX COMMON SCHOOL DISTRICTS 53 TITLE 7 *()n therefor. Thev shall provide the bound blank-books for Account ' •• ' books the entering of their accounts and the keeping of the school- lists, the records of the district and the proceedings of district oictiona ries, scluiol and trustee meetings, and they may expend m the purchase of apparatus, dictionary, maps, globes or other school apparatus, a sum not exceeding twenty-five dollars in any one year. Whenever it shall be necessarv for the due accommodation of the children of the Temporary " or branch district, by reason of any considerable number of said children f^'^^J- residing in portions of said districts remote from the school- house in said district, thereby rendering it difficult for them in inclement weather and in winter to attend school at such school- house, or by reason of the room or rooms in said school-house being overcrowded, or for any other sufficient reason the due accommodation of said children can not be made in said school- house, they shall establish temporary or branch school or schools in such place or places in said district as shall best accommo- date such children, and hire any room or rooms for the keeping of said temporary or branch school or schools, and fit up and furnish said room or rooms in a suitable manner for conduct- iuL-- such school or schools therein. Anv expenditure made or District '^ €.1. charges liability incurred in pursuance of this section shall be a charge upon the district. ? TjI When trustees are required or authorized by law, or bv ^^iay,''aise "^^ ^ ^1 « a,ny legal a vote of their district, to incur any expense for such district, ^^'^'^^^^^ and when any expenses incurred by them are made, by express provision of law, a charge upon such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be raised had been voted by a district meeting. 54 Consolidated school law TITLE 7 Use of school- house by others Account books to be kept Teachers' records Verifica- tion of entries Withhold- ing of pay Notification of naoneys withheld Annual report to districts Payment of balances to successors § 52 Tlie trustees, or any one of them, if not forbidden by anotlier, may freely permit the school-house, when not in use for the district school, to be used by persons assembling therein for the purpose of giving and receiving instruction in any branch of education or learning, or in the science or practice of music. § 53 They shall procure two bound blank books for the dis- trict and, when necessary, others in their places. In one of them, at or before each annual district meeting, they shall enter at large and sign a statement of all movable property belonging to the district, and their accounts of all moneys received or drawn for or paid by them, and they shall deliver this book to- their successors. In the other, the teacliers shall enter the names of the pupils attending school, their ages, the names of the persons who send them, and the numbei* of days each pupil attends; and, also, the facts and the dates of each inspection of the school by the school commissioner or other official visitor, and any other facts, and in such form as the superintendent of public instruction shall require; and each teacher shall, by his oath or affirmation, verify his entries in such book, and the entries shall constitute the school lists from which the average daily attendance shall be determined; and such oath or affirma- tion may be taken by the district clerk, but without charge. Until the teacher shall have so made and verified such entries, the trustees shall not draw on the supervisor, collector or treas- urer for au}^ portion of his or her wages. § 54 If any portion of the moneys apportioned to the district shall not be paid by the supervisor, the collector or treasurer, upon the due requirement of the trustees, they shall forthwith notify the treasurer of the county, and the superintendent of public instruction, of the fact. § 55 The trustees shall, once in each year, render to the dis- trict, at its annual district meeting, a just, full and true account in writing, under their hands, of all moneys received by them respectively for the use of the district, or raised or collected by taxes, the preceding year, and of the manner in which the same shall have been expended, and showing to which of them an unexpended balance, or any part thereof, is chargeable; and of all drafts or orders made by them upon tlie supervisor, collector, treasurer or other custodian of moneys of the district; and a full statement of all appeals, actions or suits and proceedings brought by or against them, and of every special matter touching the condition of the district. § 56 An outgoing trustee shall forthwith pay, to his successor OP any other trustee of the district in office, all unexpended moneys in his hands belonging to the district. Meetings in common school districts 55 TITLE 7 § 57 By a willful neglect or refusal to render such account, Sif^f^^^^^^J trustee also forfeits any unexpired term of Ms office, and be- ^<=°°'^'^*' -comes liable to the trustees for any district moneys in his hands. § 58 The trustees in office shall sue for and recover any dis-smngof trict moneys in the hands of any former trustee, or of his per- ^''^^'^^^^ sonal representatives, and apply them to the use of the district. § 59 The trustees of each school district shall, on the first Annual^ day of August in each year, make to the school commissioner a ^{^'S™'^ report in writing for the year ending July thirty-first pre- ceding. In every case the trustee or trustees shall sign and certify to said report and deliver it to the clerk of the town, in uemsot which the school-house of the district is situated; and every such report shall certify: 1 The w^hole time any school has been kept in their district whoie time •^ -•- school has during the year ending on the day previous to the date of such ^^en kept, report, and distinguishing what portion of the time such school has been kept by qualified teachers, and the whole number of days, including holidays, in which the school was taught by qualified teachers. 2 The amount of their drafts upon the supervisor, collector Amount of or treasurer for the payment of teachers' wages during such i^ayments year, and the amount of their drafts upon him for the purchase of books and school apparatus during such year, and the manner in which such moneys have been expended. 8 The number of children taught in the district school or Attenftance ^ of cbildreu schools during such year by qualified teachers, and the sum of the days' attendance of all such children upon the school. 4 The number of children residing in the district on theNumbprof '^ children, thirtieth day of June previous to the making of such report, andnamesof the names of the parents or other persons with whom such*^^*^- children did respectively reside, and the number of children residing with each. 5 The number of vaccinated and unvaccinated children of vaccina- tion school age in their respective districts. 6 The amount of money paid for teachers' wages, in addition Amount of paymentsi to the public money paid therefor, the amount of taxes levied and taxes in said district for purchasing school-house sites, for building, hiring, purchasing, repairing and insuring school-houses, for fuel, for school libraries, or for any other purpose allowed by law, and such other information in relation to the schools and the district as the superintendent of public instruction may, from time to time, require. § 60 The annual reports of trustees of school districts, of PJ^JJI^^^;^ m children residing in their district, shall include all over fivC^P"'"'^ 56 OONSOLIDATEiD SCHOOL LAW Report of joint dis- tricts and under twenty-one years of age, who shall have been, on the thirtieth day of June last preceding the date of such report, actually in the district, comprising a part of the family of their parents or guardians or employers, if such parents, guardiaus or employers resided at the time in such district, although such residence was temporary; but such report shall not include children belonging to the family of any person who shall be an inhabitant of *any other district in this state, in which such children may by law be included in the report of its trustees; nor any children who are supported at a county poor-hoiise or an orphan asylum; nor any Indian children residing on reservations where schools provided by law for their education are taught. § 61 Where a school district lies in two or more counties, its trustees shall make such an annual report for each part of it lying in a diiferent county, and file each in the office of the clerk of the town in which the part of the district to which it especially relates lies; and such report shall be in the form and contain all such special matters as the superinteudc-ut of public instruction shall from time to time prescribe. Assess- ment and tax list therefor Heading on tax-list Taxes, how appor- tioned and assessed Land lying In one body ARTICLE 7 Of tlie assessment of district taxes, and tJie collection of such taxes; and of the collector, his powers, duties and liabilities § 62 Within thirty days after a tax shall have been voted by a district meeting, the trustees shall assess it, and make out the tax-list therefor, and annex thereto their warrant for its collection. But they may at the same time assess two or more taxes so voted, and any tax or taxes they are authorized to raise without such vote, and make out one tax-list and one warrant for the collection of the whole. They shall also prefix to their tax-list a heading showing for what purpose the differ- ent items of the tax are levied. § 63 School district taxes shall be apportioned by the trustees upon all real estate within the boundaries of the district which shall not be by law exempt from taxation, except as hereinafter provided, and such property shall be assessed to the person or persons, or corporation owning or possessing the same at the time such tax-list shall be made out, but land lying in one body and occupied by the same person, either as owner or agent for the same principal, or as tenant under the same landlord, if assessed as one lot on the last assessment-roll of the town after revision by the assessors, shall, though situated partly in two or more school districts, be taxable in that one of them in Meetings ix common school districts 5 4 TITLE 7 which such occupant resides. This rule shall not apply to land owned by non-residents of the district, and which shall not Konresi ^ ' dent lands be occupied by an agent, servant or tenant residing in the dis- trict. Such unoccupied real estate shall be assessed as non- resident, and a description thereof shall be entered in the tax list. The trustees shall also apportion the district taxes upon all persons residing in the district, and upon all corporations ^^^^^^^^ liable to taxation therein, for the personal estate owned by them and liable to taxation. They shall also apportion the same Bank upon non-resident stockholders in banks or banking associations situated in their districts for the amount of stock owned by them therein, and upon individual bankers doing business in their district in accordance with the provisions of chapter four hundred and nine of the laws of eighteen hundred and eighty- two, as amended b}' sections two, three and four of chapter seven hundred and fourteen of the laws of eighteen hundred and ninety-two. § ()4 The valuations of taxable property shall be ascertained, oftexaul so far as possible, from the last assessment-roll of the town, p^^^p^'^^ after revision by the assessors; and no person shall be entitled to any reduction in the valuation of such property, as so ascer- tained, unless he shall give notice of his claim to such reduction in writing to the trustees of the district before the tax list ehall be made out. § 65 Where such reduction shall be duly claimed and where Reduction, «- ''of valua- the valuation of taxable property can not be ascertained from "o^^ the lc«t assessment-roll of the town, or where the valuation of such property shall have increased or diminished, since the last assessment-roll of the town, or an error, mistake or omission on the part of the town assessors shall have been made in the f^^^^^i^- description or valuation of taxable property, the trustees shall f^^]'ff/it°^ ascertain the true value of the property to be taxed from the ^^'^'^^'^ best evidence in their power, giving notice to the persons inter- ested, and proceeding in the same manner as the town assessors are required by law to proceed in the valuation of taxable property, the hearing of grievances, and the revision of the town assessment-roll. § 66 When a district embraces parts of more than one town, ^J*p'|;.°f3o, it shall be the duty of the supervisors of such towns so in part embraced and they are hereby directed, upon receiving a written notice from the trustee or trustees of such district, or from three or more persons liable to pay taxes upon real estate therein, to meet at a time and place to be named in such notice, which time shall not be less than five or more than ten daj's from the service thereof, and a place within the bounds 58 Consolidated school law Assessment «f tax thereafter Provisions in case of non-agree- ment Compensa- tion of supervisors Persons worlring land on ■sliares or In possession •toy contract Non-resl- -dents having agents, etc. on laud Tenants 5)aylng tax ■Exemption of certain persons irom taxa- tion for sf hool- liou=cs of the towns so in part embraced, and proceed to inquire and determine, whether the valuation of real property upon the several assessment-rolls of said towns are substantially just, as compared with each other, so far as said districts are concerned, and if ascertained not to be so, they shall determine the relative proportion of taxes that ought' to be assessed upon the real property of the parts of such district lying in different towns, and the trustees of such district shall thereupon assess the proportion of any tax thereafter to be raised, according to the determination of such supervisors, until new assessment-rolls of the town shall be perfected and filed, using the assessment-rolls of the several towns to distribute the said proportion among the persons liable to be assessed for' the same. In cases when such supervisors shall be unable to agree, they shall summon a supervisor from some adjoining town, who shall unite in such inquiring, and the finding of a majority shall be the determina- tion of such meeting. Such supervisors shall receive for their services three dollars per day for each day actually employed which shall be a town charge upon their respective towns. § 67 Any person working land under a contract for a share of the produce of such land, shall be deemed the possessor, so far as to render him liable to taxation therefor, in the district where such land is situate, and any person in possession of real property under a contract for the purchase thereof shall be liable to taxation therefor in the district where such real property is situate. § 68 Every person owning or holding any real property within any school district, who shall improve and occupy the same by his agent or servant, shall, in respect to the liability of such property to taxation, be considered a taxable inhabitant of such district, in the same manner as if he actually resided therein. § 69 Where any district tax, for the purpose of purchasing a site for a school-house, or for purchasing or building, keeping in repair, or furnishing such school-house with necessary fuel and appendages, shall bf lawfully assessed, and paid by any person on account of any real property whereof he is only a tenant at will, or for three years, or for a less period of time, such tenant may charge the owner of such real estate with the amount of the tax so paid by him, unless some agreement to the contrary shall have been made by such tenant. § 70 Every taxable inhabitant of a district who shall have been, within four years, set off from any other district, without his consent, and shall within that period, have actually paid in Mbbtings in common school districts 59' TITLE 7 such other district, under a lawful assessment therein, a district tax for building a school-house, shall be exempted by the trustees of the district where he shall reside, from the payment of any tax for building a school-house therein. § 71 When any real estate within a district so liable to ^^axes on " non-vesi- taxation shall not be occupied and improved by the owner, his '^'^'^tiaucis servant or agent, and shall not be possessed by any tenant, the trustees of any district, at the time of making out any tax-list by which any tax shall be imposed thereon, shall make and insert in such tax-list a statement and description of every such lot, piece or parcel of land so owned by non-residents therein, in the same manner as required by law from town assessors in making out the assessment-roll of their towns: and if any such incorpo- '^ ' '' rated com- lot is known to belong to an incorporated company liable to paJ^'es, ete, taxation in such district, the name of such company shall be specified, and the value of such lot or piece of land shall be set down opposite to such description, which value shall be the same that was aflSxed to such lot or piece of land in the last assessment-roll of the town; and if the same was not separately valued in such roll, then it shall be valued in proportion to the valuation which was affixed in the said assessment-roll to the whole tract of which such lot or piece shall be part. § 72 If any tax on real estate placed upon the tax-list and ^^*^yij of duly delivered to the collector, or the taxes upon non-resident eofilctor stockholders in banking associations organized under the laws of congress, shall be unpaid at the time the collector is re- quired by law to return his warrant, he shall deliver to the trustees of the district an account of the taxes remaining due, containing a description of the lands upon which such taxes were unpaid as the same were placed upon the tax-list, together with the amount of the tax so assessed, and upon making oath before any justice of the peace or judge of court of record, notary public or any other officer authorized to administer oaths, that the taxes mentioned in any such account remain unpaid, and that, after diligent efforts, he has been unable to collect the same, he shall be credited by said trustees with the amount thereof. § 78 Upon receiving any such account from the collector, the ^^^"f^,| trustees shall compare it with the original tax-list, and, if they sSon uJereof find it to be a true transcript, they shall add to such account trea°su?er ~ their certificate, to the effect that they have compared it with the original tax-list and found it to be correct, and shall imme- diately transmit the account, affidavit and certificate to the treasurer of the countv. Consolidated school law TITLE 7 Amount of •unpaiil taxes to be paid col- lector •Collection of unpaid "taxes Payment before levy of tax Proceefllng lor crvllec- tiisn of un- paid taxes *§ 74 Out of any moneys in the county treasury, raised for contingent expenses, or for the purpose of paying the amount of the taxes so returned unpaid, the treasurer shall pay to the collector the amount of the taxes so returned as unpaid, with one per centum of the amount in addition thereto, for the com- pensation of such collector, and if there are no moneys in the treasury applicable to such purpose, the board of supervisors, at the time of levying said unpaid taxes, as provided in the next section, shall pay to the collector of the school district the amount thereof, with said addition thereto, by voucher or draft on the county treasurer, in the same manner as other county charges are paid, and the collector shall be again charged there- with by the trustees. § 75 Such account, affidavit and certificate shall be laid by the county treasurer before the board of supervisors of the county, who shall cause the amount of such unpaid taxes, with seven per cent of the amount in addition thereto, to be levied upon the lands upon which the same were imposed; and if imposed upon the lands of any incorporated company, then upon such company; and when collected the same shall be re- turned to the county treasurer to reimburse the amount so advanced, with the expenses of collection; and if imposed upon the stock of a non-resident stockholder in a banking association organized under the laws of congress, then the same, with seven per cent of the amount in addition thereto, shall be a lien upon any dividends thereafter declared upon such stock, and, upon notice by the board of supervisors to the president and directors of such bank of such charge upon such stock, the president and directors shall thereafter withhold the amount so stated from any future dividends upon such stock, and shall pay the same to the collector of the town duly authorized to receive the same. t§ 76 Any person whose lands are included in any such account may pay the tax assessed thereon, with five per centum added thereto, to the county treasurer, at any time before the board of supervisors shall have directed the same to be levied. § 77 The same proceedings in all respects shall be had for the collection of the amount so directed to be raised by the board of supervisors as are provided by law in relation to the county taxes; and, upon a similar account, as in the case of county taxes of the arrears thereof uncollected, being transmitted by the county treasurer to the comptroller, the same shall be paid ♦As amended by section 4, chapter 512, laws of 1897. +A3 amended by section 2, chapter 769, laws of 1S95. Meetings in common school districts 61 TITLE 7 on his warrant to the treasurer of the county advancing the game; and the amount so assumed by the state shall be collected for its benefit, in the manner prescribed by law in respect to the arrears of county taxes upon land of non-residents; or if any part of the amount so assumed consisted of a tax upon any incorporated company, the same proceedings may also be had for the collection thereof as provided by law in respect to the county taxes assessed upon such company. § 78 The warrant for the collection of a district tax shall be t!>r''conec- under the hands of the trustees, or a majority of them, with or without their seals; and it shall have the like force and effect as a warrant issued by a board of supervisors to a collector of taxes in the town; and the collector to whom it may be delivered for collection shall be thereby authorized and required to collect from every person in such tax-list named the sum set opposite to his name, or the amount due from any person or persons speci- fied therein, in the same manner that collectors are authorized to collect town and county taxes. § 79 A warrant for the collection of a tax voted by the dis- TOUeclOT triet shall not be delivered to the collector until the thirty -first ■day after the tax was voted. A warrant for the collection of any tax not so voted may be delivered to the collector when- ever the same is completed. § 80 Within such time, not less than ten days, as the trustees bonl*^''*'' ^ «hall allow him for the purpose, the collector, before receiving the first warrant for the collection of money, shall execute a bond to the trustees, with one or more sureties, to be approved by a majority of the trustees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount, then in such amount as the trustees shall deem reason- able, conditioned for the due and faithful execution of the duties of his office. The trustees, upon receiving said bond, shall, if fP^fll^ng they approve thereof, indorse their approval thereon, and forth- ^^^''^°^ with deliver the same to the town clerk of the town in which said collector resides, and said clerk shall file the same in his office, and enter in a book to be kept by him for that purpose, a memorandum, showing the date of said bond, the names of the parties and sureties thereto, the amount of the penalty thereof, and the date and time of filing the same, and said town €ierk is authorized to receive as a fee for such filing and memo- randum the sum of twenty-five cents, which sum is hereby made a charge against the school district interested in said bond; and oisbHrse- in case the trustees of any school district, other than those mo*neys'^°°' within the limits of any city or incorporated village, shall deem (52 OONSOLIDATBiD SCHOOL LAW TITLE 7 Collectors' bond to trustees Disburse- ment of moneys in districts having treasurer Notice of receivlug taxes Notice to railroad companies and nou- resideat taxpayers it for the best interests of the district or the public to have the collector of such district disburse to teachers the money apportioned by the state for teachers' wages, they shall so direct, by resolution to be entered upon the minutes of their proceedings, and thereupon the said collector, before receiving any such money for such purpose, shall execute a bond to the trustees, with two or more sureties, in double the amount ot the last apportionment, with like condition of sureties, approval of trustees, and amount and like directions as to filing as are required above for a bond for the collection of taxes, and con- ditioned also for the due and faithful execution of the duties^ of his ofiice as such disbursing agent. In districts in which a treasurer shall be elected as hereinbefore provided in this title, the collector shall not receive or disburse any of the money apportioned by the state for teachers' wages, but the same shall be paid by the supervisor to such treasurer as herein- before provided. *t 81 The collector, on the receipt 'Of a warrant for the col- lection of taxes, shall give notice to the taxpayers of the district by publicly posting written or printed, or partly written and partly printed notices in at least tbree public places in such district, one of which shall be on the outside of the front door of the school-house, stating that he has received such warrant and v/ill receive all such taxes as may be voluntarily paid to him within thirty days from the time of posting said notice. Such collector shall also give a like notice, either personally or by mail, at least twenty days previous to the expiration of the thirty days aforesaid, to the ticket agent at the nearest station of any railroad corporation, or the president, secretary, general or division superintendent or manager of any canal or pipe lines assessed for taxes upon the tax list delivered to him with the aforesaid warrant, and where the amount of the tax is one dollar or more the collector shall also give a like notice to all non-resi- dent taxpayers on said list whose residence or post-office address may be known to such collector, or which may be ascertained by him upon inquiry of the trustees and clerk of his district, and uo school collector shall be entitled to recover from any railroad cor- poration, canal company or pipe line or non-resident tax- payer more than one per cent fees on the taxes as- sessed against such corporation or non-resident, unless such notice shall have been given as aforesaid; and in case the whole amount of taxes shall not be so paid in the collector shall forth- *As amended by section 1, chapter 57i, laVs of 1896. tAs amended by section 1, chapter 440, laws of 1899. Mbetixgs in common school districts 68 » TITLE 7 with proceed to collect the same. He shall receive for his ser- vices, on all sums paid in as aforesaid, one per cent, and upon fe^'il"'^^^"' all sums collected by him, after the expiration of the time mentioned, five per cent, except as hereinbefore provided; and in case a levy and sale shall be necessarily^ made by such col- lector, he shall be entitled to traveling fees, at the rate of ten cents per mile, to be computed from the school-house in such district. § 82 Any collector to whom any tax-list and warrant may bewarmnt delivered for collection may execute the same in any other dis- luotue!'^ '" trict or town in the same county, or in anj' other county where ^"" "^^ ^ "^^ the district is a joint district and composed of territory from adjoining counties, in the same manner and with the like authority as in the district in which the trustees issuing the said warrant may reside, and for the benefit of which said tax is intended to be collected; and the bail or sureties of any Liability of ' '' sui-eties collector, given for the faithful performance of his offlcial duties, are hereby declared and made liable for any moneys received or collected on any such tax-list and warrant. § 83 If the sum or sums of money, pajable by any person or ^^^jl^^fg"'^ persons named in such tax-list, shall not be paid by him or them or collected by such warrant within the time therein limited, it shall and may be lawful for the trustees to renew such warrant in respect to such delinquent person or persons; and whenever more than one renewal of a warrant for the col- lection of an}^ tax-list may become necessary in any district, the trustees may make such further renewal or renewals, with the written approval of the supervisor of any town in which a school-house of said district shall be located, to be indorsed upon such warrant. § 84 Whenever the trustees of any school district shall dis- i^^^i% cover any error in a tax-list made out by them, they may, with ofVa'^u^t" the approval and consent of the superintendent of public in- struction, after refunding any amount that may have been im- properly collected on such tax-list, if the same shall be required by him, amend and correct such tax-list, as directed by the superintendent, in conformity to law. § 85 Whenever any sum or sums of money payable bv any suits for *' J r ^ ^ ,} recovery of person or persons named in such tax-list, shall not be paid by ^"^"^^^ such person or persons, or collected by such warrant within the , time therein limited, or the time limited by any renewal of such warrant; or in case the property assessed be real estate belong- ing to an incorporated company, and no goods or chattels can 64 GONSOLIDATBD SCHOOL LAW TITLE 7 be found whereon to levy the tax, the trustee or trustees may- sue for and recover the same in their name of office. m'ineyJ*'^ § 86 The collector shall keep in his possession all moneys received or collected by him by virtue of any warrant, or re- ceived by him from the county treasurer "Dr board of super- V visors for taxes returned as unpaid, or moneys apportioned by the state or raised by direct taxation for teachers' wages or library, to be by him paid out upon the written order of a oxI?oT^ majority of the trustees; said collector, when a treasurer shall S^^^i^er" have been elected in his district, shall pay over the moneys collected by him by virtue of his warrant, to said treasurer as hereinbefore provided in this title; and he shall report in Sptsand writing?, at the annual meeting, all his collections, receipts and mints'^" disbursements, and shall report to the supervisor on or before the first Tuesday of March in each year the amounts of school moneys in his hands not paid out on trustees' orders, and shall IvI^oT^ pay over to his successor in office, when he has duly qualified successor aud givcu ball, all moneys in his hands belonging to the dfistriot. Connector to § v^j If by tlio ncglcct of any collector any moneys shall be ^°^* lost to any school district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall forfeit to such district the amount of the moneys thus lost, and shall account for and pay over the same to the trustees of such district, in the same manner as if they had been collected. Recovery of s §8 For the rocovery of all such forfeitures, and of r\}\ money on •' "^ boua?e°tc*' balances in the liands of the collector, which he shall have neg- lected or refused to pMV to his successor, or to the treasurer of such district:, the trustees, in their name of office, shall have their remedy upon the official bond of the collector, or any action and any remedy given by law; and they shall apply all such moneys, when recovered, in the same manner as if paid without suit. Delivery 5 SD Withlu fi ftceu davs after any tax-list and warrant shall and filing of . ^ tax-iistand havc bccn returned by a collector to the trustees of any school warrant •' " district, the trustees shall deliver the same to the town clerk of the town in which tbe collector resides, and said town clerk shall file the same in his office. UXIOX FREE SCHOOLS 65 aiTL^, 8 TITLE VIII XTnion free sc'h.oiols, how established, who are voters at meeting's and their powers; election and terms oi of&ce of members of board of education, and powers of such board AKTICLE I Of the proceedings for the establishment of union free sdhoolSy powers of voters at meetings; classification of terms of office and election of members of boards of education; certified copies of proceedings of meetings to be filed; board of education to elect a president and appoint a treasurer and collector "Section 1 Whenever fifteen persons entitled to vote at anvcaiifora ••^ " special meeting of the inhabitants of any school district in the state, ^^^^'X*** «ign a request for a meeting, to be held for the purpose of deter- '^'^^'^* inining whether a union free school shall be established therein in conformity with the provisions of this title, it shall be the duty of the trustees of such district, within ten days after such request shall have been presented to them, to give pub- lic notice that a meeting of the inhabitants of such district, en-xoticeof meeting titled to vote thereat, will be held for such purpose as afore- said, at the school-house, or other more suitable place, in such district, on a day and at an hour in such notice to be specified, not less than twenty nor more than thirty days after the pub- lication of such notice. If the trustees shall refuse to give such notice, or shall neglect to give the same for twenty davs, thesuperm- ' & » J ^ ■> tendent superintendent of public instruction may authorize and direct ^lyf^^e"" any inhabitant of said district to give the same. The qualifi- cations of the inhabitants, entitled to vote at such meeting, Quaiiflca- ' "' tions of shall be sufficiently .set forth in the notice aforesaid. ^'°^'^^ § 2 Whenever such district shall correspond wholly or in part with an incorporated village, in which there shall be published xotices, _, liow glvei. a daily or weekly newsDaper, the notice aforesaid shall be given i^i yiiiage by posting at least five copies thereof, severally, in various con- spicuous places in said district, at least twenty days prior to such meeting, and by causing the same to be published once a week for three consecutive weeks before such meeting, in all the newspapers published in said district. In other districts the said notice shall be given by posting the same as aforesaid, rn other and in addition thereto, the trustees of such district shall '^ "'^ ^ authorize and require any taxable inhabitant of the same, to *As amended by section 9, chapter 264, laws of 1896. 66 Consolidated school law Legality of proceed- ings Expense of notices and publica- tion Meeting of two or more dis- tricts Notice thereof Expenses Suferln tendent may order meeting Proceed- IngK of meeting to form union free school district notify every other inhabitant (qualified to vote as aforesaid)^ of such meeting, to be called as aforesaid, who shall give such notification by reading said notice in his or her hearing, or in case of his or her absence from home^ by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his or her abode at least twenty days prior to the time of such meeting; but the proceedings of any meeting held pursuant to sections one and two of this title,, shall not be held illegal for want of a due notice to all the per- sons qualified to vote thereat; unless it shall appear that the omission to give such notice was willful and fraudulent. *§ 3 The reasonable expense of such notices, and of their publication and service, shall be chargeable upon the district^ in case a union free school is established by the meeting so con- vened, to be levied and collected by the trustees, as in case of taxes now levied for school purposes; but in the event that such union free school shall not be established, then the said ex- pense shall be chargeable upon the inhabitants signing the re- quest jointly and severally, to be sued for, if necessary, in any court having jurisdiction of the same. t§ 4 Whenever fifteen persons, entitled as aforesaid, from each of two or more adjoining districts, shall unite in a request for a meeting of the inhabitants of such districts, to determine whether such districts shall be consolidated by the establishment of a union free school therefor and therein, it shall be the duty of the trustees of such districts, or a majority of them, to give like public notice of such meeting, at some convenient place within such districts and as central as may be, within the time, and to be published and served in the manner set forth in the first and second sections of this title, in each of such districts. The reasonable expenses of preparing, publish- ing and serving such notices shall be chargeable upon the union free school district, and be collected by tax, if a union free school shall be established pursuant to such request, but other- wise the signers of the request shall be jointly and severally liable for such expense. The superintendent of public instruction ma; order such meeting under the conditions a^d in the manner l^rescribed in the first section of this title. , t§ 5 Any such meeting held pursuant to the foregoing pro- visions shall be organized by the election of a chairman and secretary, and may be adjourned from time to time, by a majority vote, provided that such adjournment shall not be for *As amended by section 10, chapter 26t, laws of 1S96. tAs amended by section 11. chapter 264, laws of 1S96. JAs amended by section 12, chapter 364, laws of 1896. "lJ^'ION FREE SCHOOLS 67 IITLE 8 a longer period than ten days; and whenever at any such meet- ing duly called and held under the provisions of sections one ^nd two of this title at least fifteen qualified voters of the ■district shall be present, or at such meeting duly called and held under the provisions of section four of this title, at least " fifteen qualified voters of each of the two or more adjoining dis- tricts joining in the request, shall be present, such meeting may, by the affirmative vote of a majority present and voting, adopt a resolution to establish a union free school in said district, or to consolidate the two or more adjoining districts by establish- ing a union free school in said districts pursuant to the notice of said meeting. If said meeting shall determine to establish fr^tles**' -a union free school in said district or districts as aforesaid, it shall be lawful for such meeting thereafter to proceed to the election by ballot, of not less than three nor more than nine trustees, who shall, by the order of such meeting, be divided ?i?^2?eea' into three several classes, the first to hold until one, the second until two, and the third until three years from the first Tuesday of August next following, except as in the next section pro- vided. Thereafter there shall be elected in all union free school districts whose limits do not correspond with those of an incorporated village or city, at the annual meeting of said dis- tricts, trustees of said districts, to supply the places of those whose term of office, by the classification aforesaid, are about to expire. The trustees, so as aforesaid elected, shall enter at once upon their offices, and the office of any existing trustee -or trustees in such district or districts, before the establish- ment of a union free school therein, shall cease, except for the purposes stated in section twelve of title six of this act. Neither a school commissioner nor a supervisor is eligible to be a member of any board of education, and the acceptance of either of said offices by a member of said board vacates his office as such member. The said trustees and their successors Board of education in office shall constitute the board of education of and for the union free school district for which they are elected, and the designation of such district at union free school district number of the town of shall be made by the school com-Designa missioner having jurisdiction of the district; and the said board trict° shall have the name and style of the board of education of {adding the designation aforesaid); copies of said request, notice of meeting, order of the superintendent directing some inhabit- ant to call said meeting, if any, and minutes of said meeting proceed- •or meetings, duly certified by the chairman and secretary ieftiffeT thereof, shall be by them, or either of them, transmitted posited 68 G0^■S0LIDATE^D SCHOOL LAW TITLE 8 Effect of negative actioa Dissolution of district, restricted Trustees of districts same as city or vil- lage, terms of Annual election Board a corpora- tion President Clerk of board and district, appoint- ment of, etc. Treasurer and col- lectof and deposited, one to and with the town clerk, one to and: with the school commissioner in whose jurisdiction said districts are located, and one to and with the superintendent of public instruction; but when at any such meeting, the question as to the establishment of a union free school shall not be decided in the affirmative, as aforesaid, then all further pro- ceedings at such meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meeting shall be again called within one year thereafter. And when any such meeting shall have established a union free school in said district or districts, such union free school district shall not be dissolved within the period of one year from the first Tuesday of August next after such meeting. § 6 Whenever said board of education shall be constituteil for any district or districts whose limits correspond with those of any incorporated village or city, the trustees so elected shall,, by the order of such meeting, be divided into three several classes: The first class to serve until one; the second, untii two; and the third, until three years after the day of the next charter election in such village or city, and their regular term of service shall be computed from the several days of such charter elections. And thereafter, there shall be annually elected in such villages and cities, at the charter elections, by separate ballot, to be indorsed " school trustee," in the same manner as the charter officers thereof, trustees of the said union free schools, to supply the places of those whose terms by the classification aforesaid are about to expire. *§ 7 The said boards of education are hereby severally created bodies corporate, and each shall, at its first meeting, and at each annual meeting thereafter, elect one of their members president. In every union free school district other than those whose limits- correspond with those of an incorporate city or village the board of education shall have power to appoint one of their number, or a qualified voter in said district, and a person other than a trustee,. or a teacher employed in said district, as clerk of the board of education of such district. Such clerk shall also act as clerk of said district, and shall perform all the clerical and other duties pertaining to his office, and for his services he shall be entitled to receive such compensation as shall be fixed at an annual meet- ing of the qualified voters of such district. In case no provision is made at an annual meeting of the inhabitants for the compen- sation of a clerk, then and in that ease the board of education shall have power to fix the same. Said board of education shall also have power to appoint one of the taxable inhabitants nf their As amended by section 1, cliapter liiG, laws of 18 Union free schools 69 TITLE 8 district treasurer, and fix his compensation, and another collector of the moneys to b( raised within the same for school purjDoses, who shall severally hold such appointments during the pleasure of the board. Such 1 reasurer and collector shall each, and within f °easu?irs ten days after notice in writing of his appointment, duly served fec^rs" upon him, and before entering upon the duties of his office, exe- cute and deliver to the said board of education a bond, with such sufiQcient penalties and sureties as the board may require, conditioned for the faithful discharge of the duties of his office, and in case such bond shall not be given within the time vacaaciea specified, such office shall thereby become vacant, and said board shall thereupon, by appointment, supply such vacancy. And said board of education shall also have power to supply, by appointment, any vacancy in the office of such clerk, occasioned by death, resignation, removal from the district or otherwise. AKTICLE 2 Of the qualifications of voters in union free scliool districts, and of meetings of such voters and their poivers *^ 8 Every person of full age, residing in any union free school ^jo*" of*' district, and who has resided therein for a period of thirty days ^'^^^'^ next preceding any annual or special meeting held therein, and a citizen of the United States, who owns, or hires, or is in the possession under a contract of purchase, of real property in such school district liable to taxation for school purposes; and every such resident of such district who is a citizen of the United States of twenty-one years of age, and is the parent of a child or children of school age, some one or more of whom shall have attended the districi school in said district for a period of at least eight weeks within one year preceding such school meet- ing; and every such person not being the parent, who shall have permanently residing with him or her a child or children of school age, some one or more of whom shall have attended the district school in said district for a period of at least eight weeks within one year preceding such school meeting; and every such resident and citizen as aforesaid, who owns any personal property assessed on the last preceding assessment- roll of the town, exceeding fifty dollars in value exclusive of such as is exempt from execution, and no other, shall be entitled to vote at any school meeting held in said district, under and pursuant to the provisions of this title. No person shall be Eligibility 1 T j_ • J. *° Office deemed to be ineligible to vote at anv such school district ♦As amended by sectiou 14. cliapter 264, laws of 189R. 70 Consolidated school law Levy of tax for school purposes by village and olty authorities Statements of antici- pated ex- penditures Sums not to be with- held Raising of additional moneys Notice of required tax for school buildings, sites, etc. meeting by reason of sex, who has one or more of the qualifi- cations required by this section. No person shall be eligible to hold any school district oflflce in any union free school dis- trict unless he or she is a qualified voter in such district, and is able to read and write. Not more than one member of a family shall be a member of the same board of education in any school district. § 9 The corporate authorities of any incorporated village or city, in which any such union free school shall be established, shall have power, and it shall be their duty, to raise, from time to time, by tax, to be levied upon all the real and personal property in said city or village, as by law provided for the defrajnng of the expenses of its municipal government, such sum or sums as the board of education established therein shall declare necessary for teachers' wages and the ordinary con- tingent expenses of supporting the schools of said district. The sums so declared necessary shall be set forth in a detailed state- ment in writing, addressed to the corporate authorities by the board of education, giving the various purposes of anticipated expenditure, and the amount necessary for each; and the said corporate authorities shall have no power to withhold the sums so declared to be necessary; and such corporate authorities as aforesaid shall have power, and it shall be their duty to raise, from time to time, by tax as aforesaid, any such further sum or sums to be set forth in a detailed statement in writing, ad- dressed to the corporate authorities by the board of education, giving the various purposes of the proposed expenditure, and the amount necessary for each which may have been or which may hereafter be authorized by a majority of the voters of such union free school district present and voting at any special, district meeting duly convened, for making additions, altera- tions, or improvements to or on the sites or structures belong- ing to the district, or for the purchase of other sites or struc- tures, or for a change of sites, or for the erection of new build- ings, or for buying apparatus or fixtures, or for such other purpose relating to the support and welfare of the school as they may, by resolution, approve; and they may direct the moneys so voted to be levied in one sum, or by installments, but no addition to or change of site or purchase of a new site or tax for the purchase of any new site or structure, or for the purchase of an addition to the site of any school-house, or for building any new school-house, or for the erection of an addition to any school-house already built, shall be voted at any such meeting unless a notice by the board of education stating that such tax will be proposed, and specifying the amount and object Union free schools 71 TITLE 8 thereof shall have been published once in each week for the four weeks next preceding such district meeting, in two news- papers, if there shall be two, or in one newspaper if there shall be but one, published in such district. But if no newspaper shall then be published therein, the said notice shall be posted up in at least twenty of the most public places in said district twenty davs before the time of such meeting. No vote to raise money R'^scindiTig shall be rescinded, nor the amount thereof be reduced at any y,"[;)i'iV*^ subsequent meeting, unless the same be done within ten days after the same shall have been first voted. For the purpose J'c^er to ^ '■ borrow of giving effect to these provisions, the corporate authorities are ™°"<^y hereby authorized, whenever a tax shall have been voted to be collected in installments for the purpose of building a new school -house, or building an addition to a school-house, or mak- ing additions, alterations or improvements to buildings or structures belonging to the district, or for the purchase of a new site, or for an addition to a site, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding six Tier cent, and to issue bonds or other evidences of indebted- ^fomuL ness therefor, which shall be a charge upon the district, and catlf ' be T>aid at maturity, and which shall not be sold below i^ar. Said bonds or other evidences of indebtedness shall be pre- pared by the board of education, signed by the president and secretary thereof, and delivered to the treasurer of the incorpo- rated village or city, who shall countersign the same, and give due notice of the time and place of the sale of such bonds, at^^o»<^eof least ten days prior thereto, by publication twice in two news- papers, if there shall be two, or in one newspaper, if there shall be but one, published in such district. But if no newspaper shall then be published therein, the said notice shall be posted up in at least ten of the most public places in said district ten days before the day of sale. The proceeds of the sale of fjjj°"^^^ °* said bonds shall be paid into the treasury of said incorporated village or city, to the credit of the board of education of such district. *§ 10 A majority of the voters of any union free school distii^'t, r°Q;fafa°ifd other than those whose limits correspond with an incorporated 'P|etfngs to city or village, present at any annual or special district meeting, duly convened, may authorize such acts and vote such taxes as they shall deem expedient for making additions, alterations or improvements to or in the sites or structures belou.ging to the dis- trict, or for the purchase of other sites or structures, or for a change of sites, or for the erection of new buildings, or for buying apparatus, or fixtures, or for paying the wages of teachers and the *A.s amende^l by section 15 chapter ii64, laws of 1896. 72 Consolidated school law Designation of sites Vote on ex- penditure of money or tax Tax for sums voted Notice of proposed tax for school buildings, sites, etc. Collection of tax Rescinding vote, or reduction of amount voted Power to borrow money necessary expenses of the school, or for such other purpose relat- ing to the support and welfare of the school as they may, by reso- lution, approve; the designation of a site or sites by the district meeting shall be by written resolution containing a description thereof by metes and bounds, and such resolution must receive the assent of a majority of the qualified voters present and voting at said meeting, to be ascertained by taking and recording the ayes and noes. On all propositions arising at said meetings involving the expenditure of money, or authorizing the levy of a tax or taxes in one sum or by installments, the vote thereon shall be by ballot, or ascertained by taking and recording the ayes and noes of such qualified voters attending and voting at such meetings; and they may direct the moneys so voted to be levied in one sum, or by installments, but no addition to or change of site or purchase of a new site or tax for the purchase of any new site or structure, or for the purchase of an addition to the site of any school-house, or for building any new school-house, or for the erection of an addition to any school-house already built, shall be voted at any such meeting unless a notice by the board of education stating that such tax will be proposed, and specifying the amount and object thereof, shall have been published once in each week for the four weeks next preceding such district meeting, in two news- papers if there shall be two, or in one newspaper if there shall be but one, published in such district. But if no newspaper shall then be published therein, the said notice shall be posted in at least twenty of the most public places in said district twenty days before the time of such meeting. And whenever a tax for any of the objects hereinbefore specified shall be legally voted the boards of education shall make out their tax-list, and attach their warrant thereto, in the manner provided in article seven of title seven of this act, for the collection of school district taxes, and shall cause such taxes or such installments to be collected at such times as they shall become due. No vote to raise money shall be rescinded, nor the amount thereof be reduced at any subsequent meeting, unless it be an adjourned meeting or a meeting called by regular and legal notice, which shall specify the proposed action, and at which the vote upon said proposed reduction or rescinding shall be taken by ballot or by taking and recording the ayes and noes of the qualified voters attending and voting th r^'at. For the purpose of giving effect to these provisions, trustees or boards of education are hereby authorized, whenever a tax shall have been voted to be collected in installments for the purpose of building a new school-house or building an addition to a school- house, or making additions, alterations or improvements to build- ings or structures belonging to the district, or for the purchase of Union free schools 73 TXTLE 8 a new site or for an addition to a site, to borrow so much of the «um voted as may be necessary at a rate of interest not exceed- slle of*"^ ing six per centum, and to issue bonds or other evidences of ^"""^^ indebtedness therefor, which shall be a charge upon the district, and be paid at maturity, and which shall not be sold below par; -due notice of the time and place of the sale of such bonds shall be given by the board of education at least ten days prior thereto by publication twice in two newspapers, if there be two, or in one newspaper if there be but one published in such district. But if no new^spaper shall then be published therein, the said notice shall be posted in at least ten of the most public places in said dis- trict ten days before the sale. It shall be the duty of the trustees or the persons having charge of the issue or payment of such indebtedness, to transmit a statement thereof to the clerk of the board of supervisors of the county in which such indebtedness Is created, annually, on or before the first day of November. § 11 All moneys required to pay teachers' wages in a union ^4^^°Jg, free school or in the academical department thereof, after the "^^^^^ ■due application of the school moneys thereto, shall be raised by tax. § 12 Every union free school district shall, for all the pur- poses of the apportionment and distribution of school moneys, he regarded and recognized as a school district. ARTICLE 3 Of avnxml and special meetings, and of election of members of loards rjf education and clerics in districts icliere the number of children exceeds three hundred § 13 1. In union free school districts other than those whose ^p'^eXi* *'*'' niGGtiuffS limits correspond with those of anv incorporated village or in union city, the annual school meeting shall be held on the first Tuesday districts of August. The boards of education shall have power to call «])ecial meeting of the inhabitants of their respective districts whenever they shall deem it necessary and proper, in the manner prescribed in section ten of this title, and shall in like manner give notice of the time and place of holding the annual school district meeting. The proceedings of any special meeting shall not be held to be illegal for w^ant of a due notice to all persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wailful and fraudulent. The-t,e?tSngof annual meeting of the board of education of every such union education therein free school district shall be held on the Tuesday next after the annual school district meeting therein. 74 CON'SOLIDATBD SCHOOL LAW TITLE 8 Annual and 2 In uiiion free school districts whose limits correspond witb special ^ distrim^ '" those of any incorporated village or city, the boards of education cuTo^ shall have power to call special 'meetings of the inhabitants of their respective districts for the purposes mentioned in section nine of this title, in the manner prescribed in said section nine. The proceedings of any special meeting shall not be held to be illegal for want of due notice to all persons qualified to vote thereat unless it shall appear that the omission to give such meeting of ^otico was willful and fraudulent. The annual meeting of the education board of oducatiou of every such union free school district shall: be held on the Tuesday next after the canvass and declaration of the election of the members of said board at the annual charter election of the village or city. *3 The qualified voters of any union free school district present at any annual school meeting therein, for which a notice has been duly given that the vote hereinafter mentioned will be taken, or at any special school meeting therein, duly and legally called for that purpose, shall have power, by a majority vote, to- be ascertained by taking and recording the ayes and noes, to vot^dfor'^" ^'^^^ ^ ^^^ for the purchase of all text-books used, or to be used,. bookf '^" in the schools of the district. If such tax shall be voted it shall be the duty of the board of education of such district, within ninety days thereafter, to purchase and furnish free text-books to all the pupils attending the schools in such district. Such board of education shall have power to establish such rules and regulations concerning the use by the pupils of such text-books^ and the care, preservation and custody thereof as it shall deem necessary. bitrdaSd"^ t§ 14 In union free school districts other than those whose districts limits correspond with those of an incorporated village or city,. over 300 j^^ whlcli the numbor of children of school age exceeds three hundred, as shown by the last annual report of the board of education to the school commissioner, the qualified voters of any such district may by a vote of a majority of those present and voting, at any annual meeting, or at any duly called special metting, to be ascertained by taking and recording the ayes and noes, determine that the election of the members of the board of education shall be held on, the Wednesday next following the day designated by law for holding the Time of annual meeting of said district. Until such • determination holding " election shall be changed, such election shall be held on the Wednesday next following the day on which such annual meet- ing of such district shall bo held, in each year, between the hour« ♦Added bj' Sf^clion 1, chapter 193, laws of 1897. tAs amended by section a, chapter 466, laws of 1897. Union fkeb schools 75 TITLE 8 of twelve o'clock noon, and four o'clock in the afternoon at the principal school-house in the district, or at such other suitable place as the trustees may designate. When the place of holding ^,0**°^® °^ fiueh election is other than at the principal school-house, the trustees shall give notice thereof by the publication of such notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. The trustees ^11?^^°"^ may, by resolution, extend the time of holding the election from four o'clock until sunset. The board of education, or such of them as may be present, shall act as inspectors of election. ^?®e^|°*?J^ If a majority of such board shall not be present at the time of opening the polls, those members of the board in attendance ma.y appoint any of the legal voters of the district present, to act as inspectors in place of the absent trustees; and if none of the board of education shall be present at the time of open- ing the polls, the legal voters present may choose three of their ^gg^j^dof number to act as inspectors. The district clerk, or the clerk ^°^^^ of the board of education, as the case may be, shall attend at the election and record in a book to be provided for that pur- pose, the name of each elector as he or she deposits his or her ballot. If such district clerk, or clerk of the board of education shall be absent, or shall be unable or refuse to act, the board of education or inspectors of election shall appoint some person who is a legal voter in the district to act in his place. Any clerk or acting clerk who shall neglect or refuse Penalty for r J o o refusal to to record the name of a person whose ballot is received by the ^^^^J^ inspectors, shall be liable to a fine of twenty-five dollars, to be sued for by the supervisor of the town. If any person offer- challenges Ing to vote at any such election shall be challenged as unquali- fied by any legal voter, the chairman of the inspectors shall require the person so offering to vote to make the following declaration : " I do declare and affirm that I am and have been fi^^'g^there- for the thirty days last past an actual resident of this school "^°" district, and that I am legally qualified to vote at this election." And every person making such declaration shall be permitted to vote; but if any person shall refuse to make such declaration his or her ballot shall not be received by the inspectors. Any penalty for illegal person who upon being so challenged shall willfully make a noting, etc. false declaration of his or her right to vote at such election, la guilty of a misdemeanor. Any person who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit the sum of ten dollars, to be sued for by the supervisor of the town for the benefit of the school or schools of the dis- trict. The board of education shall, at the expense of the ^""^^''^^ 76 Consolidated school law Canvass of votes and declaration of result Special election Terms of officers elected thereat Election dis rutes, how settled Limitation of fore- going pro- visions distil ft, provide a suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain tlie names of the persons voted for, and shall designate the office for which each one is voted. The ballots may be either written or printed, or partly written and partly printed. The inspectors immediately after the close of the polls shall proceed to can- vass the votes. They shall first count the ballots to determine if they tally with the number of names recorded by the clerk,. and if they exceed that number, enough ballots shall be with- drawn to make them correspond. Such inspectors shall-count the votes and announce the result. The person or persons having a majority of the votes respectively for the several offices shall be elected, and the clerk shall record the result of such ballot and election as announced by the inspectors. Whenever the time for holding such election as aforesaid shall pass with- out such election being held in any such district, a special election shall be called by the board of education, but if no such election be called by said board within twenty days after such time shall have passed, the school commissioner or the state superintendent of public instruction may order any in- habitant of said district to give notice of such election in the manner prescribed by section ten of this title; and the officers elected at such special election shall hold their respective offices only until the next annual election, and until their successors are elected and shall have qualified as in this act provided. All disputes concerning the validity of any such election, or of any votes cast thereat, or of any of the acts of the inspectors or clerks, shall be referred to the superintendent of public instruction, whose decision in the matter shall be final. Such superintendent may, in his discretion, order a new election in any district. The foregoing provisions shall not apply to union free school districts in cities, nor to union free school districts whose boundaries correspond with those of an incor- porated village, nor to any school district organized under a special act of the legislature, in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in union free school districts, organized under the general law, nor to any of the union free school districts in the counties of Richmond, Suffolk^ Chenango, Warren, Erie and St. Lawrence. In Richmond county, whenever any district shall have determined to hold its annual election on Wednesday following the date of its annual school meeting, the same shall be held between the hours of four o'clock and nine o'clock in the evening. Union free schools ■ TT TITLE 8 ARTICLE 4 0^ tJie powers and duties of hoards of education § 15 The said board of education of every union free school boMd^^ °* district shall severally have power, and it shall be tkeir duty: 1 To adopt such by-laws and rules for its government as and'i.ufes shall seem proper in the discharge of the duties required under the provisions of this act. 2 To establish such rules and regulations concerning the fo^^lcLooTs order and discipline of the school or schools, in the several departments thereof, as they may deem necessary to secure the best educational results. 3 To prescribe the course of study by which the pupils otstniT^^ the school or schools shall be graded and classified, and to regulate the admission of pupils and their transfer from one o/pup!i°° class or department to another, as their scholarship shall war- rant, 4 To prescribe the text-books to be used in the schools, and to compel a uniformity in the use of the same, pursuant to the provisions of this act, and to furnish the same to pupils out of any moneys provided for that purpose. 5 To make provision for the instruction of pupils in physi- Sphysi'°'^ ology and hygiene with special reference to the effect of alco- holic drinks, stimulants and narcotics upon the human system. 6 To purchase a site or sites, or an addition to a site or scjiooi sites, sites, for a school-house or school-houses for the district, as applrams^ designated by a meeting of the district; and to construct such school-house or houses, and additions thereto as may be so designated; to purchase furniture and apparatus for such school- house or houses; to keep such school-house or houses and the Repairs furniture and apparatus therein in repair; to hire any room or Hiring; rooms in which to maintain and conduct schools when the rooms '''oins in the school-house or houses are overcrowded, or when such school-house or houses are destroyed, injured or damaged by the elements, and to fit up and furnish such room or rooms in a suitable manner for conducting a school or schools therein; to insure the school-house or houses and their furniture, appa- insurance ratns and appendages, and the school library, in some company or companies created by or under the laws of this state, and t^^ comply with the conditions of the policy, and raise the sums paid for premiums by district tax. No school-house shall be ^pp^o^^^a' o* built in any union free school district until the plan for the etS"^''"°°' ventilation and heating and lighting of such school-house shall be approved in writing by the school commissioner of the com- missioner district in which such school-house is to be built. ^ , 78 Consolidated school law TITLE 8 CustOfly of property Title vested in board Sale of property Application of proceeds Exchange of real estate May take and hold real estate, etc. Control of schools Establish- ment nf academical depait- meut Non-resi- dent pupils Fuel, ap- paratus, etc. Employ- ment of teachers Ciiutractof eniploy- niout 7 To lake cliarj^e and possession of the school-houses, sites, lotH, furinture, books, apparatus, and all school property within their respective uisrricts; and the title of the same shall be vested rei^pectively in said board of education, and the same shall not be subject to taxation for any purpose. 8 To sell, when thereto authorized by a vote of the qualiiied voters of the school district, any former school site or lot, or any real estate the title to which is vested in the board, and the buildings thereon, and appurtenances or any part thereof, at such price and upon such terms as said voters shall prescribe, and to convey the same by deed to be executed by the board or a majority of the members thereof. All moneys arislni? from any such sale shall be used and applied for the benefit of the school district, as the voters thereof sliall by resolution direct. Also to exchange real estate belonging to the district for the purpose of iuHjioving or changing school-house sites. 9 To take and hold for the use of the said schools or of any de]^artment of the same, any real estate transferr-'d to it by gift, j;ranL, bequest or devise, or any gift, legacy or an.'uiity, of what- ever kind, pveu or bequeathed to the said board and apply the same, or the interest or proceeds thereof, accofding to the in- structions of the donor or testr.tor. 10 To have, in all respects, the superintendence, management and control of said union free schools, and to establish in the same an fi<.'adenii(al department, whenever in their judgment the same is warranted by the demand for such instruction; to receive into said union free schools any pupils residing out of s-ild district, and to regulate and establisli the tuition fees of such non-resident pupils in the several departments of said schools; provided, that if such non-resident pupils, their parents or guardians, shall be liable to be taxed for th'? support of said schools in the districts, or either of them, on account of owning property therein, the amount of any such tax paid by a non- resident pupil, his parent or guardian, shall be deducted from the charge of tuition; to provide fuel, furniture, apparatus and other necessaries for the use of said schools, and to appoint such librarians as they may from time to time deem necessary. *11 To contract with and employ such persons as by the pro- visions of this act are qualified teachers in the several depart- ments of instruction in said school, and at the time of such employment shall make and deliver to each teacher, or cause to be made and delivered, a contract in writing, signed by the members of said board, or by some person duly authorized by said board to represent them in the premises, in which the *As amended by section 16, chapter 261, laws of 1896. Union free schools 79 TITLE 8 details of the agreement between the parties, and particularly the length of the term of employment, the amount of compen- sation and the time or times when such compensation shall be due and payable shall be clearly and definitely set forth. The wTg^i^"*' pay of any teacher employed in the public schools of this state shall be due and payable at least as often as at the end of each calendar month of the term of employment. No person who is nS of" ^ '' ^ relatives of related by blood or marriage to any member of a board of board education shall be employed as a teacher by such board, except upon the consent in writing of two-thirds of the members thereof, to be entered upon the proceedings of the board. No feTchera °* teacher shall be removed during a term of employment unless for neglect of duty, incapacity to teach, immoral conduct, or other sufficient cause. Also to pay the wages of such teacher out of the moneys appropriated for that purpose. 12 To fill any vacancy which may occur in said board by ^c^^^liea reason of the death, resignation, removal from office or from the school district, or refusal to serve, of any member or officer of said board; and the person so appointed in the place of any such member of the board shall hold his office until the next election of trustees, as by this act provided. In case of the failure of such board to fill such vacancy, and in case no special election is ordered for filling the same for a period of thirty days, the same may be filled by the school commistijner having jurisdiction. The superintendent of public instruction may fenlen't" order a special election to be held in any district for the purpose ^Iciai'^^' of filling such vacancy, and when such special election is ordered the vacancy shall not be filled otherwise. 13 To remove any member of their board for official miscon- Removal of member duct. But a written copy of all charges made of such miscon- for cause duct shall be served upon him .at least ten days before the time appointed for a hearing of the same; and he shall be allowed a full and fair opportunity to refute such charges before removal. 11: To provide suitable and convenient water-closets or privies ^ofets'or for each of the schools under their charge, at least two in num- ^""^* ber, which shall be entirely separated each from the other and having separate means of access, and the approaches thereto shall be separated by a substantial close fence not less than seven feet in height; to keep the same in a clean and whole- some condition, and a failure to comply with the foregoing provisions on the part of said board shall be sufficient grounds for removal from office, and for withholding from the district any share of the public moneys of the state. Any expense in fiferlof curred by said board in carrying out the foregoing provisions shall be a charge upon the district; and a tax may be levied therefor without a vote of the district. 80 COXSOLIDATBD SCHOOL LAW Tax for cose thereof Superin- tendent of schools in certain trices TITLE 8 on^outfide ^^ ^^ CRuse proper stairways to be constructed mid main- fng'^"'''*" tained on all school buildings under their charge which are more than two stories high, on the outside thereof, with suitable doorways leading thereto from eacli story above the first, for Qse in case of fire. The reasonable and proper cost thereof shall, in each case, be a legal charge upon the city; village or district, and shall be raised by tax as other moneys are raised^ for school purposes. General ^ 16 The board of education shall possess all the powers and powers and '^ ^ duties privileges, and be subject to all the duties in respect to the common schools, or the common school departments in any union free school in said districts, which the trustees of com- mon schools possess or are subject to under this act, not specially provided for in this title, and not inconsistent witb the provisions of this title; and to enjoy, whenever an academic^ department shall be by them established, all the immunities and privileges now enjoyed by the trustees of academies in thi» state, § 17 In any incorporated village having a population of five dis thousand and upwards, or in any union free school district hav- ing a like population, which fact shall in either case be deter- mined by the state superintendent of public instruction, a» provided in section five of title two of this act, the board of education in any such village or union free school district may apjtoint a superintendent of schools. Such superintendent shall be under the direction of the board of education, which shall prescribe his pov>'ers and duties. He shall be paid a salary from the teachers' fund, to be fixed by the board of education^ and he may be removed from office by a vote of the majority of all the members of such board. Whenever such superintendent shall be appointed, the said union free school district shall be entitled to the benefits of the provisions of section five of title two of this act. § 18 It shall be the duty of said board to keep an accurate record of all its i>roceedings in books provided for that purpose^ which books shall be open for public inspection at all reason- of"accoui'ts ^ble hours. It shall be the duty of said board to cause to be and'e^'lpen- published once in each year, and twenty days next before the annual meeting of the district, in at least one public newspaper, printed in such district, a full and detailed account of all moneys received by the board or the treasurer of said district, for its account and use, and of all the money expended therefor, giving^ the items of expenditure in full; should there Ije no paper pub- lished in said district said board shall publish such account by notice to the taxpaj'ers, by posting copies thereof in five Salary Record of proceed- ings UXIOX FREE SCHOOLS 81 TITLE 8 public places in said district. No member of said board shall interest in •r r contracts be personally interested in any contract made by said board. pioiiit*"e 1 •> contingent tingent expenses the same may be referred to the superintendent f^t'^fe"n?eut of public instruction, by a statement in Avriting, signed by one asto*^''^''^ or more of each of the opposing parties upon the question, and the decision of the superintendent shall be conclusive. § 22 It shall be the duty of each of the said boards of edu Regular . . (. , . . 1 -1 meetings of cation, elected pursuant to the provisions of this title, to have board a regular me'^ting at least once in each quarter, and at such meetings to appoint one or more committees, to visit every school or department under the supervision of said board, and visitation '^ ^ of schools such committees shall visit all said schools at least twice in each quarter, and report at the next regular meeting of the Reports board on the condition thereof. The meetings of all such boards shall be open to the public, but said boards may hold executive sessions, at which sessions only the members of such Executive boards or the persons invited, shall be present. § 23 It shall also be the duty of said boards, respectiveh^ to Expendi- have reference in all their expenditures and contracts to the contracts 8 S2 Consolidated school law TITLE 8 amount of moneys which shall be appropriated, or subject to their order or drafts, during the current year, and not to exceed ^ppj^c^auon that amount. And said boards shall severally apply all the moneys apportioned to the common school districts under their charge, to the departments below the academical; and all moneys from the literature fund or otherwise, appropriated for the support of the academical department, to the latter depart- ments. |>e°paid'° § 24 All moneys raised for the use of the union free schools v^uaye^ °' lu ally clty or incorporated village, or apportioned to the same from the income of the literature, common school or United States deposit funds, or otherwise, shall be paid into the treas- ury of such city or village to the credit of the board of education therein; and the funds so received into such treasury shall be kept separate and distinct from any other funds received into fwrcustody ^^^ ^^^^ treasury. And the officer having the charge thereof thereof shall givo such -addi'tioual security for the safe custody thereof as the corporate authorities of such city or village shall require. fowmade ^0 mouoy shall be drawn from such funds, credited to the several boards of education, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the presi- dent and countersigned by the secretary or clerk, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for which such moneys have been authorized to be paid by the said board of education. ot^motieys § 25 All mouoys raised for the use of said union free schools, reisof* other than those whose limits correspond with those of any cities and incorporated villages, or apportioned from the income of the literature or common school or United States deposit funds, or otherwise, shall be paid to the respective treasurers of the said several boards of education entitled to receive the 4mu?ng of same, and be by them applied to the uses of said several boards, treasurers ^j^^ shall aunually render their accounts of all moneys received and expended by them for the use of said schools, with every voucher for the same, and certified copies of all orders of the said boards touching the same, to the school commissioner of the district in which the principal school-house of the district Moneys, is locatcd. No mouov shall be drawn from such funds in pos- how drawn " «>i' session of such treasurer, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the presi- dent and countersigned by the clerk, or secretary, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for wh^ch sale* moneys have been authorized to be paid by the said board of education. Union free schools 8$ TITLE 8 § 26 Every academic department, established as aforesaid, Aoadpmic shall be under the visitation of the regents of the university, BublJcrto" and shall be subject, in its course of education and matters per- ■■^■s^"^^ taining thereto (but not in reference to the buildings in which the same is conducted), to all the regulations made in regard to academies by the said regents. In such departments the qualifi- ^^'^^'f^^" cations for the entrance of any pupil shall be as high as those ^^'t';^"f,| established by the said regents for participation in the literature ° ''"'' "^ fund of any academy of the state under their supervision. § 27 Whenever a union free school shall be established under Adoption the provisions of this title, and there shall exist within its dis- acadomlef trict an academy, the board of education, if thereto authorized by a vote of the voters of the district, may adopt such academy as the academic department of the district, with the consent of the trustees of the academy, and thereupon the trustees, by a resolution to be attested by the signatures of the officers of the board and filed in the office of the clerk of the county, shall declare their offices vacant, and thereafter the said academy shall be the academic department of such union free school. The Lease of board of education when thereto authorized by a vote of the brboSti^ qualified voters of the district may lease said academy and site, and maintain the academic department of such union free school therein and thereon. *§ 27-a The board of education of a union free school district, with the approval of the superintendent of public instruction, and the regents of the university, may adopt an academy a® the academic department thereof, and contract for the instruction therein of pupils of academic grade, residing in the district. The academy thereupon becomes the academic department of such union free school, and the district is entitled to the same rights and privileges, is subject to the same duties, and the apportion- ment and distribution of state school money shall be made to it, as if an academic department had been established in such school. S 28 Every union free school district, in all its departments, visitatiou shall be subject to the visitation of the superintendent of public vision of instruction. He is charged with the general supervision of its schools board of education and their management and conduct of all its fe„cient'"^° departments of instruction. And every board of education shall annually, on the first day of August, in each year, make to the Annual commissioner having jurisdiction, and deposit in the town clerk's board of office, a report for the school year ending July thirty-first preced- ing, of all matters concerning which trustees of a school district are required to report, under this act, and concerning all such other matters as the superintendent shall, from time to time, re- quire; and shall also whenever thereto required by the superin- special tendcnt of public instruction, report fully to him upon any partic- ^'^^^'^ ^ ular matter; and such report shall be in such form, and so authen- ticated, as the superintendent shall, from time to time, require. 8 29 For cause shown, and after giving notice of the charge Removal oir iTiembers of and opportunity of defense, the superintendent of public instruc- board tion may remove any member of a board of education. Willful disobedience of any lawful requirement of the superintendent, or a want of due diligence in obeying such requirement or willful violation or neglect of duty is cause for removal. * Added by chapter 335, laws of 190:i. «4 Consolidated school law ARTICLE 5 Dissolution -of common ^school dis- tricts upon consent Annexation of territory to union 'EOUS PROVISIONS lOl TITLE 15 together with the copy of the account, and the same shall be subject to the inspection of the inhabitants of the district. And it shall be the duty of the person or persons appointed by jbefotl'^*^'^® any district meeting for that purpose, to appear before the fSSge^or county j udge or the district attorney, as the case may be, on attorney the day mentioned in the notice aforesaid, and to protect the rights of the district upon such settlement; and the expenses i^evy^omx incurred in the performance of this duty shall be a charge upon said district, and the trustees, upon presentation of the account of such expenses, with the proper voucher therefor, may levy a tax therefor, or add the same to any other tax to be levied by them; and their refusal to levy said tax for the payment of said expenses, shall be subject to an appeal to the superintend- ent of public instruction. § 7 Upon the appearance of the parties, or upon due proof ^^l^^^^'- of service of the notice and copy of the account, the county jSdg^^and judge shall examine into the matter and hear the proofs and thereupon allegations presented by the parties, and decide by order whether; or not the account, or any and what portion thereof, ought justly be charged upon the district, with costs and disbursements to' such officer or officers, in his discretion, which costs' and dis- ^^^^ bursements shall not exceed the sum of thirty dollars, and the decision of the county judge shall be final; but no portion of fJ'°X*^°|^t such account shall be so ordered to be paid which shall appear to such judge to have arisen from the willful neglect or mis- conduct of the claimant. The account with the oath of the co/^e^ctat^* party claiming the same shall be prima facie evidence of the ° ^°^°^ correctness thereof. The county judge may adjourn the hear- melT??" ing from time to time, as justice shall seem to require. bearing § 8 It shall be the duty of the trustees of any school district, J/(f°r*^°^ within thirty days after service of a copy of such order upon them, or upon the district clerk, and notice thereof to them, or any two of them, to cause the same to be entered at length in the book of record of said district, and to raise the amount thereby directed to be paid, by a tax upon the district, to be by them assessed and levied in the same manner as a tax voted by the district. ARTICLE 2 Changes in text-boohs Section 9 The boards of education, or such bodies as perform f^^"ptj°° the functions of such boards in the several cities, villages and ?e^it?bwL union free school districts of this state, shall have power and it shall be their duty to adopt and designate text-books to be used in the schools under their charge in their respective districts. 109 Consolidated school law nixx 15 In the common school districts in the state the text-books to be used in the schools therein shall be designated at any annual school meeting by a two-thirds vote of all the legal voters present and voting at such school meeting. toi""^fa § 10 When a text-book shall have been adopted for use in any of the public or common schools in this state, as provided in the ninth section of this title, it shall not be lawful to super- sede the text-book so adopted by any other book within a period of five years from the time of such adoption, except upon a three-fourths vote of the board of education, or of such body as performs the function of such board, where such board has made the designation, or upon a three-fourths vote of the legal voters present and voting at the annual school meeting in any common school district. ^o"ation% § 11 Any person or persons violating any of the provisions provisions ^^ ^^^.^ ^^^ ^^^jj ^^ liable to a penalty of not less than fifty dollars nor more than one hundred dollars for every such violation, to be sued for by any taxpayer of the school district, and recovered before any justice of the peace, said fine, when collected, to be paid to the collector or treasurer for the benefit of said school district. ARTICLE 3 Care of code of public instruction TnistPf>s § 12 The trustee or trustees of each school district are hereby custodians *' ot code made the custodians of the code of public instruction belonging to such school district, and shall deliver the same to their suc- BepJace- cossor or succcssors in oflQce. And in case such copy of said Mseofioss code shall have been lost or destroyed through or by means of the fault or negligence of the trustee or trustees, the trustees so permitting the same to be lost or destroyed shall, at their own expense, procure a copy of the latest edition of the code of public instruction and deliver the same to their successor or successors in office in lieu of the copy so lost or destroyed. Penalty § 13 Every trustee who fails to comply with the provisions of the foregoing section shall forfeit the sum of twenty-five dollars. This penalty shall be sued for by the supervisor of the town and shall be used in the purchase of books for the school library. ARTICLE 4 Contracts betwep.n sclionl districts and hoards of education in other districts, villages and cities to^te^- *§ 1^ Whenever any school district, by a vote of a majority of hi|otui- ^Yie qualified voters present and voting thereon, shall empower ♦As amended by section 1, chapter 294, laws of 1897. Miscellaneous provisions 103 TITLE 15 the trustees thereof, the said trustees shall enter into a written contract with the trustees or boards of education consenting thereto, or any other district, village or city, whereby all the children of such district may be entitled to be taught in the pub- lic schools of such city, village or school district for a period of not less than one hundred and sixty days in any scliool year, Tipon filing a copy of such contract, duly certified by the trustees mTag*copy )f ench of such school districts, or by the secretary of the board of education of such city or village in the office of the state super- intendent of public instruction. Such school district shall be deemed to have employed a competent teacher for such period, and shall be entitled to receive one distributive district quota each year, during which such contract shall be continued. *§ 15 The board of education of any city or village, and the^itn^rvu^ trustees of any school district so contracting with any other ^^^^^"'^ school district, shall report the number of persons of school age in such district, together with those resident in said city, vil- lage or school district, the same as though they were actual residents thereof, and shall report for the pupils attending such schools from such adjoining districts to the superintendent of public instruction, the same as though they were residents of such city, village or school district. § IG It shall be the duty of the superintendent of public uons"^ instruction to give to school commissioners such directions as sioneri'a* may, in his judgment, be required and proper in relation to the by tnwtaog reports to be made by the trustees of such districts to school commissioners. 'ARTICLE 5 Contracts with teachers t§ 17 All officers or boards of officers who shall employ any be dllfv^S teacher to teach in any of the public schools of this state shall, ^'^ ^^'^^''^ at the time of such employment, make and deliver to such teacher, or cause to be made and delivered, a contract in writing, signed by said officer, or by the members of said board, or by some person duly authorized by said board, to represent them in the premises, in which the detail of the agreement between the parties, and particularly the length of the term of employment, the amount of compensation and the time or times when such compensation shall be due and payable shall be clearly and definitely set forth. But nothing herein contained ^'"^''^ shall be deemed to abridge or otherwise affect the term of ♦As amended by sectJon 1, chapter 294, laws of 1897. +A8 amended by section 20, chapter 264, laws of 1896. 104 Consolidated school law Pay of teachers, wlien due employment of any teacher now or hereafter employed in the public schools, nor to repeal or affect any provision of special laws concerning the employment or removal of teachers now in force in any particular locality. § 18 The pay of any teacher employed in the public schools of this state shall be due and payable at least as often as at the end of each calendar month of the term of employment. ARTICLE 6 Physiologij and hygiene in the ptiblic schools ' Provisions for instruc tlor of pupils *§ 19 The nature of alcoholic drinks and other narcotics and their effects on the human system shall be taught in connection with the various divisions of physiology and hygiene, as thor- oughly as are other branches in all schools under state control or supported wholly or in part by public money of the state, and also in all schools connected with reformatory institutions. All pupils in the above-mentioned schools below the second year of the high school and above the third year of school work com- puting from the beginning of the lowest primary, not kinder- garten year, or in corresponding classes of ungraded schools, Biinimum of shall be taught and shall study this subject every year with suitable text-books in the hands of all pupils, for not less than three lessons a week for ten or more weeks, or the equivalent of the same in each year, and must pass satisfactory tests in this as in other studies, before promotion to the next succeeding year's work; except that where there are nine or more school years below the high school, the study may be omitted in all years above the eighth year and below the high school, by such pupils as have passed the required tests of the eighth year. In all schools above mentioned, all pupils in the lowest three pri- mary, not kindergarten, school years or in corresponding classes oraiin- iu Ungraded schools shall, each year, be instructed in this subject where per- Orally for uot Icss than two lessons a week for ten weeks, or the missible •' ' equivalent of the same in each year, by teachers using text-books adapted for such oral instruction as a guide and standard, and such pupils must pass such tests in this as may be required in other studies before promotion to the next succeeding year's work. Nothing in this act shall be construed as prohibiting or requiring the teaching of this subject in kindergarten schools. The local school authorities shall provide needed facilities and definite time and place for this branch in the regular courses Duty of of study. The text-books in the pupils' hands shall be graded ihorities to the capacitics of fourth year, intermediate, grammar and high *As amended by sectioi 1, chapter 901, laws of 1896. Miscellaneous provisions 105 TITLE 15 school pupils, or to corresponding classes in ungraded schools. For students below high school grade, such text-books shall give at least one-fifth their space, and for students of high school re^ir^*' grade, shall give not less than twenty pages, to the nature and effects of alcoholic drinks and other narcotics. This subject must be treated in the text-books in connection with the various divi- sions of physiology and hygiene, and pages on this subject in a separate chapiter at the end of the book shall not be counted in determining the minimum. No text-book on physiology not eon- forming to this act shall be used in the public schools, except so long as may be necessary to fulfill the conditions of any legal adoption existing at the time of the passage of this act. All regents' examinations in physiology and hygiene shall include a due proportion of questions on the nature of alcoholic drinks and other narcotics, and their elfects on the human system. *§ 20 In all normal schools, teachers' training classes and p^^^S^ teachers' institutes, adequate time and attention shall be given ^^^^°^ to instruction in the best methods of teaching this branch, and no teacher shall be licensed who has not passed a satisfactory- examination in the subject, and the best methods of teaching it. On satisfactory evidence that any teacher has willfully refused to teach this subject as provided in this act, the state superin- tendent of public instruction shall revoke the license of such teacher. No public money of the state shall be apportioned by the state superintendent of public instruction or paid for the Penaitjfor benefit of any city until the superintendent of schools therein ^^^^^°* shall have filed with the treasurer or chamberlain of such city an affidavit and with the state superintendent of public instruc- tion a duplicate of such affidavit that he has made thorough investigation as to the facts, and that to the best of his knowl- edge, information and belief all the provisions of this act have been complied with in all the schools under his supervision in such city during the last preceding legal school year; nor shall any public money of the state be apportioned by the state super- intendent of public instruction or by school commissioners or paid for the benefit of any school district, until the president of the board of trustees, or in the case of common school districts the trustee or some one member of the board of trustees, shall have filed with the school commissioner having jurisdiction an affidavit that he has made thorough investigation as to the facts, and that to the best of his knowledge, information and belief, all the provisions of this act have been complied with in such dis- trict, which affidavit shall be included in the trustees' annual report, and it shall be the duty of every school commissioner to *As amended by section 1, chapttr 901. laws of 1896. 106 OONSOLIDATEID SCHOOL LAW file with the state superintendent of public instruction an affi- davit in connection with his annual report showing all districts in his jurisdiction that have and those that have not complied with all the provisions of this act, according to the best of his knowledge, information and belief, based on a thorough inves- tigation by him as to the facts; nor shall any public money of the state be apportioned or paid for the benefit of any teachers'' training class, teachers' institute or other school mentioned herein, until the oflflcer having jurisdiction or supervision thereof shall have filed with the state superintendent of public instruc- tion an affidavit that he has made a thorough investigation as to the facts, and that to the best of his knowledge, information and belief, all the provisions of this act relative thereto have been complied with. The principal of each normal school in the state shall, at the close of each of their school years, file with the state superintendent of public instruction an affidavit that all the provisions of this law, applicable thereto, have been complied with during the school year just terminated, and until such affidavit shall be filed no warrant shall be issued by the state superintendent of public instruction for the payment by th€ treasurer of any part of the money appropriated for sucb school. It shall be the duty of the state superintendent of public instruction to provide blank forms of affidavit required herein for use by the local school officers, and he shall include in his annual report a statement showing every school, city, or district which has failed to comply with all the provisions of this act during the preceding school year. On complaint by appeal to the state superintendent of public instruction by any patron of the schools mentioned in the last preceding section, or by any citizen, that any provision of this act has not been complied with in any city or district, the state superintendent of public instruc- tion shall make immediate investigation, and on satisfactory evidence of the truth of such complaint, shall thereupon and thereafter withhold all public money of the state to which such city or district would otherwise be entitled, until all the provi- sions of this act shall be complied with in said city or district,, and shall exercise his power of reclamation and deduction under section nine of article one of title two of the consolidated school law. ARTICLE 7 Free instruction in drawing instruc- 8 21 In each of the state normal schools the course of study tlon In In- " . ■■ « -i j j • free-hand"" s^^^l ombrace instruction in industrial or free-hand drawing. drawing rj^j^g board of cducation in each citv in this state shall cause free I Miscellaneous provisions 107 TITLX li instruction to be given in industrial or free-hand drawing in at least one department of the schools under their charge. The board of education of each union free school district shall cause free instruction to be given in industrial or free-hand drawing in the schools under their charge, unless excused therefrom by the superintendent of public instruction. § 22 The board of education, or other body having supervision ^g^®^i^«,or ■of the public schools in any city or union free school district in gJ^^cMon in this state, is hereby authorized to establish and maintain even- drtwSIt'^ ing schools for free instruction in industrial drawing, whenever the city authorities in any city or the qualified electors duly con- vened in any union free school district shall so direct, and shall make provision for the maintenance of such schools. In addi- J"^^*' *" tiou to the powers now conferred by law upon the authorities of Serefor any city, or upon the electors of any union free school district in the state, such authorities and such electors shall also have power, whenever they shall think it advisable, to raise such moneys as shall be necessary to carry out the purposes of this act. ARTICLE 8 Vocal music in public scliools § 23 In each of the state normal schools the course of study ft^rlfctfo* may embrace instruction in vocal music. The boards of educa- mmiS*^ tion in each city, and in each union free school district incor- porated under the laws of this state, may cause free instruction to be given in vocal music in the schools under their charge. The superintendent of public instruction may provide instruc- tion in vocal music in all teachers' institutes held throughout the state. AETICLE 9 Free kindergartens •§ 24 The school authoTities of any union free or commion Estawish- school district, located in any county having less than one million ^.ane''nta®'^ inhabitants, may establish and maintain one or more free kinder- focauuea . garten schools. The moneys for the support of such school shall Money^for be raised in like manner as for the support of the other public schools of such district. No child under the age of four years AdmisBion °. *' of pupils shall be admitted to the schools, and the local school authorities are hereby empowered to fix the highest age limit of children who may attend. All teachers employed in these schools shall Teacher* be licensed in accordance with rules and regulations established 'by the superintendent of public instruction, and shall each share ♦As amended by section 21. chapter 246, laws of 1896. 108 OONSOLIDATED SCHOOL LAW TITLE 13 attendan^ce ^^ *^^ distribution of district quotas. The attendance of children under the age of five years who may be enrolled in the schools shall be reported separately and shall be counted in the distribu- tion of public money. ARTICLE 10 Industrial training in the public schools Iri^^^L- ^ ^^ Boards or departments of education of cities and vii- authS-i^ld lages, and of union free schools and trustees of public school districts, are hereby authorized and empowered to establish and maintain a department or departments in the schools under their charge for industrial training and for teaching and illus- trating the manual or industrial arts, and the principles under- ^f^c^f^se of lying the same; and for that purpose they are respectively ^EtTfin- authorized to purchase and use such material and apparatus^ l^^ ^^' and to establish and maintain such shops, and to employ such instructor or instructors, in addition to the other teachers in said schools, as in their judgment shall be deemed necessary or proper whenever the authorities or electors respectively now authorized by law to raise money by taxation for school pur- poses, shall make provision for the maintenance of such depart- ments. Tax for § 26 All authoritios and electors, respectively, now author- Slfnte"*^ ized by law to levy and raise taxes for school purposes, are pa?tment^^' hereby authorized to levy and raise by taxation, in addition to any amount or amounts which they are now, respectively, in any city, village or district, authorized by law to raise for school purposes, and in the sam^ manner, and at a regular or special meeting, the necessary funds to establish and maintain such industrial departments as aforesaid. Industrial § 27 The stato normal and training schools which are or training m " ° ScSi hereafter may be established in this state, hereby are and shall be required to include in their courses of instruction the prin- ciples underlying the manual or industrial arts, and also the practical training in the same, to such an extent, as the super- intendent of public instruction may prescribe, and to such fur- ther extent as the local boards, respectively, of said normal and training schools may prescribe. ARTICLE 11 'Schools for colored children schooifm *§ 28 The school authorities of any city or incorporated vil- ^uage? lage, the schools of which are or shall be organized under title • *Section 28 of article 1.1 repealpd by section 3, chapter 493, Laws of 1900. Such repeal to take effect September 1, 1900. See appendix, pp. 16'i and 163. Miscellaneous provisions 109 TITLE 15 eight of this act, or under special act, may, when tliey shall deem it expedient, establish a separate school or separate schools for the instrnction of children and youth of African descent, resident therein, and over five and under twenty-one years of porTed^etc. age; and such school or schools shall be supported in the same manner and to the same extent as the school or schools sup- ported therein for white children, and they shall be subject to the same rules and regulations, and be furnished with facili- ties for instruction equal to those furnished to the white schools therein. § 29 The trustees of any union school district, or of any gg^^^fg^f^ school district organized under a special act, may, when the tenets '^**" inhabitants of any district shall so determine, by resolution, at any annual meeting, or at a special meeting called for that purpose, establish a separate school or separate schools for the instruction of such colored children resident therein, and such schools shall be supported in the same manner and receive the same care, and be furnished with the same facilities for instruction, as the white schools therein. § 30 No person shall be employed to teach any of such schools ^lou" of*" who shall not, at the time of such employment, be legally *®'"''^®" qualified. § 31 The colored schools in the city of New York, now exist- ^"hooifm ing and in operation, shall hereafter be classed and known and city ^"'^'^ be continued as ward schools, and primaries, with their present teachers, unless such teachers are removed in the manner pro- vided by law, and such schools shall be under the control and mTnlgl*^** management of the school officers of the respective wards in ^"'^^ which they are located in the same manner and to the same extent as other ward schools, and shall be open for the educa tion of pupils for whom admission is sought, without regard to race or color. ARTICLE 12 Orphan scliools § 32 The schools of the several incorporated orphan asylum ^oyanSii'- societies in this state, other than those in the city of New York, public"'^ " moneys shall participate in the distribution of the school moneys, m the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. The schools of said ^eKufa?'"* societies shall be subject to the rules and regulations of the "°°'' common schools in such cities or districts, but shall remain under the immediate management and direction of the said societies as heretofore. ^10 OONSOLiIDATEiD SCHOOL LAW xm^ 15 ARTICLE 13 Indian schools l>nty of •nperin- teucleut of public In- Mruccion Co-opera- tion of Indians Protection of Indian title to lands CadWren eniitled to draw money Enumera- tion of children Annual appropria- tion Vouchers and re- ceipts for expendi- tures § 33 The superintendent of public instruction shall be charged with providing the means of education for all the Indian chil- dren in the state. He shall cause to be ascertained the condi- tion of the various bands in the state in respect to education; he shall establish schools in such places, and of such character and description as he shall deem necessary; he shall employ superintendents for such schools, and shall, with the coucur- rence of the comptroller and secretary of state, cause lo be erected, where necessary, convenient buildings for their accom- modation. § 34 In the discharge of the duties imposed by this act, the said superintendent shall endeavor to secure the co-operation of all the several bands of Indians, and for this purpose, shall visit, by himself or his authorized representative, all the reserva- tions where they reside, lay the matter before them in publio assembly, inviting them to assist either by appropriating their public moneys to this object, or by setting apart lands and erecting suitable buildings, or by furnishing labor or materials for such buildings, or in any other way which he or they may suggest as most effectual fw the promotian of this object. § 35 In any contract which may be entered into with said Indians, for the use or occupancy of any land for school grounds, sites or buildings, cai'e shall be taken to protect the title of the Indians to their lands, and to reserve to the state the right to remove or otherwise dispose of all improvements made at thf expense of the state. § 36 The Indian children in the state, between the ages of four and twenty-one years, shall be entitled to draw publio money the same as white children. The superintendent shall cause an annual enumeration of said Indian children to be made, and shall see that the public money, to which they are ratably entitled, is devoted exclusively to their education. § 37 To carry into effect the provisions of this title the legis- lature shall annually appropriate the sum of six thousand dollars out of the revenues of the common school fund, to be paid by the treasurer, on the warrant of the comptroller, from time to time, to the order.of the superintendent of public instruc- tion. § 38 The superintendent shall take and file in his office, rouchers and receipts for all the expenditures made under this act, subject to the inspection of the joint committee to examine Miscellaneous provisions , 111 TITUB 19 the accounts of the auditor and treasurer; and shall annually Report to " legislatura report to the legislature all his doings, by virtue of the authority vested in him; and for this purpose said superintendent may require full and detailed reports in such form as he may pre- scribe, from those having the immediate supervision of any Indian schools in this state. § 39 For the support of the Indian schools, already estab- ^pp^o"""" lished and which may be established, the superintendent of moneys'^'^^ public instruction, in his annual general apportionment of the state school moneys appropriated for the support of common schools, shall make an equitable apportionment, as provided by section live of title two of this act; and the moneys which shall be thus apportioned shall be paid out of the treasury upon the warrant of the superintendent, countersigned by the comptroller. ARTICLE 14 Bcaf and dumb and blind institutions § 40 All the institutions for the instruction of the deaf and visitation of Instiiu- dumb, and blind, and all other similar institutions, incorporated 'ifj'j'rhf. ' under the laws of the state, or that may be hereafter incorpo- pJuilf^m-' rated, shall be subject to the visitation of the superintendent yf '■'""-'"'' public instruction, and it shall be his duty: 1 To inquire, from time to time, into the expenditures of duties ot each institution, and the systems of instruction pursued therein, t^"i«»it respectively. 2 To visit and inspect or cause to be visited and inspected, the schools belonging thereto, and the lodgings and accommoda- tions of the pupils. 3 To ascertain by a comparison with other similar institu- tions, whether any improvements in instruction and discipline can be made ; and for that purpose to appoint, from time to time, suitable persons to visit the schools. 4 To suggest to the directors of such institutions and to the legislature such improvements as he shall judge expedient. 5 To make an annual report to the legislature on all the ^Jpor?'to matters before enumerated, and particularly as to the condition ^^'=^'*'^^^'« of the schools, the improvement of the pupils, and their treat- ment in respect to board and lodging. § 41 All deaf and dumb persons resident in this state and 'j^^^f^^^r- upwards of twelve years of age, who shall have been resident wMty off ti* in this state for three years immediately preceding the applica- fS'"'" tlon, or, if a minor, whose parent or parents, or, if an orphan, whose nearest friend, shall have been resident in this state for three years immediately preceding the application, shall be 112 Consolidated school law Eligibility of bllud persoua Duty of su- periuteiid- eut as to appoint- ments State pupils supi-ort of, etc. Term of Instruction Regula- tions as to admission of pupils eligible to appointment as state pupils in one of the deaf and dumb institutions of this state, authorized hj law to receive such pupils; and all blind persons of suitable age and similar qualifications shall be eligible to appointment to the institutions, for the blind in the city of New York or in the village of Batavia^ as follows: All such as are residents of the counties of New York, Kings, Queens, Suffolk, Richmond, Westchester, Putnam and Rockland, shall be sent to the institution for the blind in the city of New York; those who reside in other counties of the state shall be sent to the institution for the blind in the village of Batavia. All such appointments with the exception of those to the institution for the blind in the village of Batavia, shall be made by the superintendent of public instruction upon appli- cation, and in those cases in which, in his opinion, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of expense of educating and clothing such pupils shall be paid by their parents, guardians or friends, in such manner and at such times as the superintendent shall designate, which conditions he may modify from time to time, if he shall deem it expedient to do so. § 42 Each pupil so received into either of the institutions aforesaid shall be provided with board, lodging and tuition ; and the directors of the institution shall receive for each pupil so provided for, the sum of dollars per annum, in quarterly payments, to be paid by the treasurer of the state, on the warrant of the comptroller, to the treasurer of said institu- tion, on his presenting a bill showing the actual time and num- ber of such pupils attending the institution, and which bill shall be signed by the president and secretary of the institution, and verified by their oaths. The regular term of instruction for such pupils shall be five years; but the superintendent of public instruction may, in his discretion, extend the term of any pupil for a period not exceeding three years. The pupils provided for in this and the preceding section of this title shall be designated state pupils; and all the existing provisions of law applicable to state pupils now in said institutions shall apply to pupils herein provided for. § 43 The superintendent of public instruction may make such regulations and give such directions to parents and guardians^ in relation to the admission of pupils into either of the above- named institutions, as will prevent pupils entering the same at irregular periods. Miscellaneous provisions 113 TITLE 1"> ARTICLE 15 Ardor day § 44 The Friday following the first day of May in each year ^rbor day shall be known throughout this state as arbor day. § 45 It shall be the duty of the authorities of every public feho^p°lu- school in this statt, to assemble the scholars in their charge on tiio""es that day in the school building, or elsewhere, as they may deem proper, and to provide for and conduct, under the general super- vision of the city superintendent or the school commissioner, or other chief officers having the general oversight of the public schools in each city or district, such exercises as shall tend to encourage the planting, protection and preservation of trees and shrubs, and an acquaintance with the best methods to be adopted to accomplish such results. § 46 The state superintendent of public instruction shall have course or power to prescribe from time to time a course of exercises and ^t°^cuoa instruction in the subjects hereinbefore mentioned, which shall be adopted and observed by the public school authorities on arbor day, and upon receipt of copies of such course, sufficient ['ij,",^''^^'^' in number to supply all the schools under their supervision, the ''"p''^® school commissioner or city superintendent aforesaid shall promptly provide each of the schools under his or their charge with a copy, and cause it to be observed. § 47 The legislature shall annually make an appropriation for ^°^'J,^'j.ia- carrying out the provisions of this act, upon the recommenda- ^""^ tion of the superintendient of public instruction. ARTICLE 16 Miscellaneous § 48 The superintendent of public instruction, so soon as Distribu- may be after the passage of this act, shall cause to be prepared school la^ under his supervision and to be printed, an edition of this statute, with brief annotations embodying such of the decisions of the courts of the state, and of the superintendents of public instruction as are applicable thereto, and such comments, ex- planations and instructions as he shall deem necessary or expedi- ent, and to furnish to each of the school districts of the state one copy thereof, and the same shall be deposited with the trustee or trustees, and kept by him or them for the use of the inhabitants, as provided in article three of this title. § 49 All provisions of law repugnant to or inconsistent with ^f^^s the provisions of this act are hereby repealed, saving always ail rights of action vested under such prior provisions, and pro- 114 Consolidated school law TIXLX 15 Lawf r^>e&Ied ceedings commenced for the assertion thereof; but nothing herein contained, unless it be so expressed, shall be construed, unless by inevitable implication, to revive any act or portion of an act heretofore repealed; nor to impair or in any manner affect or change any special law touching the schools or school system of any city or incorporated village of the state, unless the same is so stated in this act. § 50 Of the laws enumerated in the schedule hereto an- nexed, that portion specified in the last column is' repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed. *§ 51 Each school commissioner in respect to the territory within his district shall have the power, with the approval of the state superintendent of public instruction, to set off by itself any neighborhood adjoining any other state of the union, where it shall be found most convenient for the inhabitants to send their children to a school in such adjoining state, and to' deliver to the town clerk of the town in which it lies, in whole or in part, a description of each such separate neighborhood. He shall also prepare a notice, describing such neighborhood, and appointing a time and place for the first neighborhood meeting, and deliver such notice to a taxable inhabitant of such neighborhood. It shall be the duty of such inhabitant to notify every other inhab- itant of the neighborhood, qualified to vote at the meeting, by reading the notice in his hearing, or, in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode, at least six days before the time of the meeting. In case such meeting Shall not be held, and in the opinion of the com- missioner it shall be necessary to hold such meeting before the time herein fixed for the first annual meeting, he shall deliver another such notice to a taxable inhabitant of the neighborhood, who shall serve it as hereinbefore provided. *§ 52 The annual meeting of each neigihborhood shall be held on the first Tuesday of August in each year, at the hour and place fixed by the last previous neighborhood meeting; or, if such hour and place has not been so fixed, then at the hour and place of such last meeting; or, if such place be no longer acces- sible, then at such other place as the trustee, or, if there be no trustee, the clerk, shall in the notices designate. The proceed- ings of no neighborhood meeting, annual or special, shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give ♦As amended by section 2, chapter 293, laws of 1697. Miscellaneous provisions 115 vmx IS such notice was wilful and fraudulent. The inhabitants of any neighborhood, entitled to vote, when assembled in any annual meeting or any special meeting called by the commissioner as above provided, shall have power, by a majority vote of those present, to appoint a chairman for the time being, and to choose a neighborhood clerk and one trustee, and to fill vacancies in office. The provisions of sections ten, eleven, twelve and thir- teen of article one of title seven of this act, shall apply to and govern such meeting, so far as the same can in substance be applied to the proceedings; and the provisions of sections twenty-two, twenty-three, twenty-four, twenty-five, twenty-seven, twenty-nine, thirty, thirty-one and thirty-two of title seven of this act shall apply to and govern the officers of such neighbor- bood, so far as the same can in substance be applied thereto. *§ 53 The neighborhood clerk shall keep a record of the pro- ceedings of his neighborhood, and of the reports of the trustees, and deliver the same to his successor. In case such neighbor- hood shall be annexed to a district within this state its records shall be filed in the office of the clerk of such district. The trus- tee shall, between the twenty-fifth day of July and the first day of August in every year, make his annual report to the school commissioner, and file it in the office of the clerk of the town of which the neighborhood is a part. Such report shall specify the whole amount of public moneys received during the year and from what public officer, and the manner in which it was ex- pended; the whole number of such children as can be included in the district trustees' report residing in the neighborhood on the thirtieth day of June prior to the making of such report; and any other matters which the superintendent of public instruction miay require. *§ 54 The superintendent of public instruction shall appor- tion to each separate neighborhood which shall have duly re- ported, such fixed sum as will, in his opinion, be equitably equivalent to its portion of all the state school moneys upon the basis of distribution established by this act; such sum to be payable out of the contingent fund hereinbefore established. The school commissioner or commissioners shall set apart and credit from the state and other school moneys apportioned to each separate neighborhood the amount apportioned to it by the state superintendent. The amount so apportioned shall be set apart to the town in which such neighborhood is situated, and the commissioner or commissioners shall certify the same to the supervisor thereof; and the same shall be paid over to the super- ♦As amended by section 2, chapter 293, laws of 1897. 116 Consolidate© school lav/ visor for distribution by him as a part of tlie school moneys of the town in the manner provided by article two of title twO' of this act. It shall be the duty of such supervisor to disburse said moneys upon the order of the trustee of such neighborhood in favor of any teacher of a school in an adjoining state, recognized by him and patronized by the inhabitants of such neighborhood; and to include a statement thereof in the account required by this act to be made by him of the school moneys received by him and the disbursement thereof. TITLE XVI Compulsory education la-w ™^« Section 1 Short title — This chapter shall be known as the coimpulsory education law. Definition. § 2 Definitions ^ When used in this act, the term school of terms ' ^^'^ authorities means the trustees or board of education or cor- responding officers, whether one or more find by whatever name known, of a city, union free school disirict, common school dis- trict, or school district created by special law; the term persons in parental relation to a child, includes the parents, guardians or other persons, whether one or more, lawfully having the care, custody or control of such child. A child under sixteen years of age required by the persons in parental relation to such a child, to attend upon lawful instruction at a school or elsewhere, upon which such child is entitled to attend, is law- fully required to attend such school. A child between eight and sixteen years of age, who is required by law to attend upon instruction, and is required by the persons in parental relation to such child, to attend upon lawful instruction at school or elsewhere, upon which such child is entitled to attend, is lawfully required to attend upon such instruction, and if not required by the persons in parental relation to such child to attend upon any instruction, is lawfully required to attend a public school. *§ 3 Required attendance upon instruction — Every child Age limits between eight and sixteen years of age, in proper physical and mental condition to attend school, shall regularly attend upon instruction at a school in which at least the common school branches of reading, spelling, writing, arithmetic, English gram- mar and geography are taught, or upon equivalent instruction by a competent teacher elsewhere than at a school, as follows: ♦As amended by section 1, chapter 606, laws of 1896. Compulsory education law 117 TITLE 16 Every such child between fourteen and sixteen years of age, not regularly and lawfully engaged in any useful employment or service, and every such child between eight and twelve years of age, shall so attend upon instruction as many days annually, during the period between the first days of October and the following June, as the public school of the district or city in which such child resides, shall be in session during the same period. Every child between twelve and fourteen years of age in proper physical and mental condition to attend school, shall attend upon instruction during the school year then cur- rent, at least eighty secular days of actual attendance, which shall be consecutive except for holidays, vacations and detentions by sickness, which holidays, vacations and detentions shall not be counted as a part of such eighty days, and such child shall, in addition to the said eighty days, attend upon instruction when not regularly and lawfully en- gaged in useful employment or service. If any such child shall ^g^'^^^^ so attend upon instruction elsewhere than at a public PThooil school, such instruction shall be at least substantially equivalent to the instruction given to children of like age at the public school of the city or district in which such child resides; and such attendance shall be for at least as many hours of each day thereof, as are required of children of like age at public schools; and no greater total amount of holidays and vacations shall be deducted from such attendance during the period such attendance is required, than is allowed in such public school to children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practice of such public school. *§ 4 Duties of persons in parental relation to children — Every person in parental relation to a child- between eight and sixteen years of age in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction or shall present to the school authorities of his city or district ^u^j^^^by "' proof by affidavit that he is unable to compel such child to somisde^^* . meanor attend. A violation of this section shall be a misdemeanor, pun- ishable for the first olfense by a fine not exceeding five dollars, and for each subsequent offense by a fine not exceed- ing fifty dollars or by imprisonment not exceeding thirty days or 'by both such fine and imprisonment. Courts of special sessions *As ameuded by section 2, chapter 606, laws of 1896. 118 Consolidated school law JnrlBdlo- Uon Employ- ment of ohlldron Penalty Record by days aud hours shall, subject to removal as prorided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive juris- diction, in the first instance, to hear, try and determine charges of violations of this section, within their respective jurisdictions. § 5 Persons employing children unlawfully to be fined — It shall be unlawful for any person, firm or corporation to em- ploy any child between the ages of eight and twelve years in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides, are in session; or to employ any child between twelve and fourteen years of age who does not, at the time of such employment, present a certificate signed by the superin- tendent of schools of the city or district in which the child resides, or, where there is no su])erintendont, by such other officer as the school authorities may designate, certifying that such child has complied with the law relating to attendance at school during the school year between September and Juiy^ then current; and any person who shall employ any child con- trary to the provisions of this section shall, for each offense, forfeit and pay to the treai-\jrer of the city or village or to the supervisor of the town in which such offense shall occur, a penalty of fifty dollars, the same, when paid, to be added to tlie public school moneys of the city, village or district in which the offense occurred. § 6 Teachers' record of attendance — An accurate rccor 1886 1886 1886 1887 , 1887 1887 1887 1887 1SS7 1887 1887 1888 , 1888 , 1888 , 1888 1888. , 1888 1889 1889 1889 , issn 1890 , 1890 1890 1890 1890.. 1890 1890 , 1890 1890 , 1892 , 1893. 1893. 1893. 1893. 1894. 1894, 199 All 292 All 591 All 595 All 615 All 655 All 291 All 333 All 334 All 335 AIJ 538 All 540 All 592 All 672 All 27 All 190 All 209 All 331 All 334 All 533 All 90 All 245 All 328 All 333 ...... All 73 All 74 All 170 All 175 All 431 All 524 All 520 All 534 All 548 All 573 Al', except §§ 9, 10, 11 and 12 484 All 485 All 500 All 630 All 127 All 229 All APPENDIX APPENDIX This appendix contains portions of the general laws of the state, relating to schools and the duties of school officers, not properly forming a part of the consolidated school law, a knowledge of which is important and necessary on the part of school district officers, and to which their atten- tion and examination is specially called. It also contains the laws relating to normal schools, and the rules of practice of the Department of Public Instruction upon appeals and of the procedure for the removal of school officers by the Superintendent of Public Instruction. Vaccination of School Children CHAP. 661 AN ACT in relation to the public health, constituting chapter twenty-five of the general laws Passed May 9, 1893 The People of the State of New York, represented in Senate and Assemhly, do enact as follows: CHAPTEPt XXV OF THE GENERAL. LAWS The Public Health Law Section 200 No child or person not vaccinated shall be admitted or vaecinattou received into any of the public schools of the state, and the trustees or ot school other officers having the charge, management or control of such schools chiidien shall cause this provision of law to be enforced. They may adopt a reso- lution excluding such children and persons not vaccinated from such school until vaccinated, and when any such resolution has been adopted, they shall give at least ten days' notice thereof, by posting copies of the same in at least two public and conspicuous places within the limits of the school government, and shall announce therein that due provision has been made, specifying it, for the vaccination of any child or person of suitable age desiring to attend the school, and whose parents or guardians are unable to procure vaccination for them, or who are, by reason of poverty, exempted from taxation in such district. Sec. 201 Such trustees or board may appoint a competent physician and Appoint- fix his compensation, who shall ascertain the number of children or persons pJf's^L^ia in a school district, or in a subdivision of a city school government, of suitable age to attend the common schools, who have not been vaccinated and furnish such trustees or board a list of their names. Every such physician shall provide himself with good and reliable vaccine virus with which to vaccinate such children or persons* such trustees or board shall direct, and give certificates of vaccination when required, which shall be evidence that the child or person to whom given has been vaccinated. The *Soin the original 128 Appendix Trustees to report expenses incurred in carrying into effect the provisions of tliis and the preceding s-eetion, shall be deemed a part of the expense of maintaining such school, and shall be levied and collected in the same manner as other school expenses. The trustees of tlie several school disti-icts of the state shall include in their annual report the number of vaccinated and unvac- cinated children of school age in their respective districts. Forest preserve Assessment and Taxation — Land in Forest Preserve CHAP. 395 AN ACT to amend the game law and to repeal chapter three hundred and thirty-two of the laws of eighteen hundred and ninety-three, entitled " An act in relation to the forest pre- serve and Adirondack park, constituting articles sis and seven of chapter forty-three of the general laws." Passed April 25, 1835 Section 270 The forest preserve shall include the lands owned or here- after acquired by the state within the counties of Clinton, except the towns of Altona and Dannemora, Delaware, Essex, Franklin, Fulton, Hamilton. Herkimer, Lewis, Oneida. Saratoga, St Lawrence, Warren, Washington, Greene", Ulster and Sullivan, except 1 Lands Avithin the limits of any village or city and 2 Lands, not wild lauds, acquired by the state on foreclosure of mort- •g'ages made to the commissioners for loaning certain moneys of the United States, usually called the United States deposit fund. Taxation of forest preserve Assessors to file copy of a-^sess- meutroll ■wltli comp- troller anfl forest com- tnlssloa What as- spssment- roil shall state Comp- troller may correct as- Be.ssment CHAP. 908 AN ACT in relation to taxation, constituting chapter twenty- four of the general laws Took effect June 15, 1896 ARTICLE I Section 4 Exemption from taxation. The following property shall be exempt from taxation: 1 Property of the United States. 2 Property of this state other than its wild or forest lands in the forest preserve. ARTICLE II Section 22 Assessment of state lands in forest preserve. All wild or forest lands within the forest preserve shall be assessed and taxed at a like valuation and rate as similar lands of individuals within the counties where situated. On or before August first in every year the as'S:soration or association organized' exclu- ■^j^®™{'"°" sively for the moral or mental improvement of men or women, or for property religions, bible, tract, charitable, benevolent, missionary, ho'spital, in- i^om taxa- firmaiy, educational, scientific, literary, librarj-, patriotic, historical or ""'^ cemeterj' purposes, or for the enforcement of lavs^s relating to children or animals, or for two or more such purposes, and used exclusively for cari-ying out thereupon one or more of such purposes; and the personal property of any such corporation shall be exempt from taxation. But no Proviso as such corporation or association shall be entitled to any such exemption if ^fon^®"*^ any officer, member or employe thereof shall receive or may be lawfully entitled to receive any pecuniary profit from the operations thereof except reasonable compensation for services in effecting one or more of such purposes, or as proper beneficiaries of its strictly charitable purposes; or if the organization thereof, for any such avowed purposes be a guise or pi'etense for directly or indirectly making any other pecuniary profit for such corporation or association, or for any of its members or employes, or if it be not in good faith organized or conducted exclusively for one or ' more of such purposes. The real property of any such corporation or ^f®™Pg^° association entitled to such exemption held by it exclusively for one or ZoUm' more of such purposes, and from which no rents, profits or income are actual use derived, shall be so exempt, though not in actual use therefor by reason of the absence of suitable buildings or improvements thereon, if the con- struction of such buildings or improvements is in progi-ess, or is in good fa^ith contemplated by such corporation or association. The real property ^^f^f^^'^ of any such corporation not so used exclusively for carrying out thereupon property one or more of such purposes, but leased or otherwise used for other pur- poses, shall not be exempt, but if a portion only of any lot or building of any such corporation or association is used exclusively for^ cari-j'ing out thereupon one or more such purposes of any such corporation or assccia- tion, then such lot or building shall be so exempt only to the extent of the value of the portion so used, and the remaining or other portion to the extent of the value of such remaining or other portion shall be subject to taxation. Provided, however, that a lo* or building owned, and actually used for hospital purposes, bj' a free public hospital, depending for main- tenance and support upon voluntary charity shall not be taxed as to a portion thereof leased or otherwise used for the purposes of income, when such income is necessary for, and is actually applied to. the maintenance and support of such hospital. Property held by any officer of a religious P^jF^p®"^' denomination shall be entitled to the same exemptions, subject to the same officer^of conditions and exceptions, as property held by a religious corporation. reiij^ious corpora- -^——^— — tion •As amended by chapter 371, laws of 1897. ^34 Appendix Real Property Purchased with Proceeds of Pensions Granted by the United States, for Military or Naval Se«"vkes, Sub- ject to. taxation for School Purposes, etc. Chapter 347, laws of 1897, section 1, amends subdivision 5 of section 4 of cliap'ter 908, laws of 1896, entitled "An act in relation to taxation, constituting' chapter twenty-four of the general laws," as follows: Section 1 Subdivision five of section four of chapter nine hundred and eight of the laws of eighteen hundred and ninety-six, entitled "An act in relation to taxation, constituting chapter twenty-four of the general laws," is hereby amended to read as follows: 5 All property exempt by law from execution, other than an exempt homestead. But real property purchased with the proceeds of a pension granted by the United States for military or naval services, and owned and occupied by the pensioner, or by his wife or widow, is subject to taxation as herein provided. Such property shall be assessed in the same manner as other real property in the tax districts. At the meeting of the assessors to hear the complaints concerning assessments, a verified appli- cation for the exemption of such real property from taxation may be presented to them by or on behalf of the owner thereof, which application must show the facts on which the exemption is claimed, including the amount of pension money used in or toward the purchase of such property. If the assessors are satisfied that the applicant is entitled to the exemption, and that the amount of pension money used in the purchase of such prop- erty equals or exceeds the assessed valuation thereof, they shall enter the word " exempt " upon the assessment-roll opposite the description of such property. If the amount of such pension money used in the purchase of the property is less than the assessed valuation, they shall enter upon the assessment-roll the words " exempt to the extent of dollars " (naming the amount) and thereupon such real property, to the extent of the exemption entered by the assessors, shall be exempt from state, county and general municipal taxation, but shall be taxable for local school pur- poses, and for the construction and maintenance of streets and highways. If no application for exemption be granted, the property shall be subject to taxation for all purposes. The entries above required shall be made and continued in each assessment of the property so long as it is exempt from taxation for any purpose. The provision herein, relating to the assessment and exemption of property purchased with a pension apply and shall be enforced in each municipal coriwration authorized to levy taxes. Pay, Bounty and Pension Money of Soldiers and Sailors and Real Property Purchased Therewith CODE OF CIVIL PEOCEDURE ♦Section 1398 The pay and bounty of a non-commissioned oflScer, mu- sician or private in the military or naval service of the United States or the state of New York; a land waiTant, pension or other reward, liprelo- fore or hereafter granted by the United States, or by a state, for military or naval services; a swoi'd, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the militaiy or naval service of the United States or a state; and the uniform, arms and equip- ments which were used by a jjerson in that service, are also exempt from levy and sale, by virtue of an execution, and from seizure for non-payment of taxes, or in any other legal proceeding; except that real property pur- chased with the proceeds of a pension granted by the United Slates for * As amended by chapter 318, laws of 1897. Appendix 135 military or naval services, and owned by the pensioner, or by tiis wife oi widow, is subject to seizure and sale for the collection of taxes or assess- ments lawfully levied thereon. Note. The court of appeals of this state, In Yates County National Bank v. Carpenter, 119 N. Y. 550, held where such money (pay and bounty, land warrant, pensions or other reward) can be traced directly to the purchase of property, necessary or convenient for the support of the pensioner and his family, such property is made exempt by the above section. A. By the revised statutes of this state, all property exempted by law from execution shall be exempt from taxation. Holidays i CHAP. 677 AN ACT relating to the construction of statutes constituting chapter one of the general laws. Passed May 18, 1892. As amended by chapter 614, laws of 1897 Section 24 The term holiday includes the following days in each year: pnhnc The first day of January, Ivuown as New Year's day; the twelfth day of iioi'd^y* February, known as Lincoln's birthday; the twenty-second day of Feb- ruary, linown as Washington's birthday; the thirtieth day of May, known as Memorial day; the fourth day of July, known as Independence day; the first Monday of September, known as Labor day, and the twenty-fifth day of December, known as Christmas day, and if either of such days Is Sunday, the next day thereafter; each general election day and each day appointed by the president of the United States or by the gcvernor of this state as a day of general thanksgiving, general fasting and prayer, or other general religious observances. The term, half-holiday, includes the period HaiN from noon to midnight of each Saturday which is not a holiday. The days ° ^^^ and half days afoi-esaid shall be considered as the first day of the week, commonly called Sunday, and as public holidays or half-holidays, for all purposes whatsoever as regards the transaction of business in the public offices of this state, or counties of this state. On all other days and half days, excepting Sundays, such olfices shall be kept open for the transac- tion of business. Note. By section 6 of title 2, chapter 556, laws of 1894, the consolidated school law, all legal holidays that may occur during the terms of school during every school year, of 160 days of school, are Included as parts of said 160 days, aud exclusive of Saturdays. No Saturday shall be counted as "art of said 160 days of school, and no school shall be in session on a legal holiday. Actions by and Against Trustees of School Districts CODE OF CIVTL PROCEDURE ♦Section 1926 Actions by certain specified officers. An action or si>e- cial proceeding may be maintained, by the trustee or trustees of a school district; the overseer or overseers of the poor of a village, or city; the county superintendent or superintendents of the poor; or the supervisors of a county, upon a contract, lawfully made with those officers or their predecessors, in their official capacity; to enforce a liability created, or a duty enjoined, by law, upon those officers, or the body represented by them; to recover a penalty or a forfeiture, given to those officers, or the body represented by them; or to recover damages for an injury to the property or rights of those officers, or the body represented by them; al- though the cause of action accrued before the commencement of their term of office. Sec. 1927 An action or special proceeding may be maintained against any of the officers specified in the last section (1928), upon any cause of V • As amended by chapter 302, laws of 1897, 136 Appendix action, which accrues against them, or has accrned against tlieir predeceS' sors, or npon a contract made by their predecessors in their otiicial capac- ity, and within the scope of their authority. (See also sections 192S, 1929 and 1930.) Section 1931 provides that an execution can Ibe issued upon a judgment for a sum of money against the trustee or trustees of a school district, and such execution may be issued against and be collected out of the property of such officers, and the sum collected must be allowed to him on the set- tlement of his official accounts, except as otherwise specially prescribed by law. Note. By section S."), article 7, title 7 of oonsolidatPfl school law, chapter 556, la'ws of 1894, Ic Is provided, "Whenever any sum or sums of money payable by any person or ptrsons named In such tax-list, shall not be paid by such person or persons, or collected by such warrant within the time then-in limited, or the time limited by any renewal of such warrant ; or in case the piopprtv assessed be real estate belonging to an incorporated company, and no goods or cliattels can be found whereon to levy tlie tax, the trustee or trustees may sue for and recover the same in their name of office." A. See sub. 17, section 14 of article 1, title 7 of the consolidated schooi law, chapter 556, laws of 1S94, relative to payment of judgments obtained in actions against trustees of districts for unpaid teachers' wages; also sectioi.s 4 and °i of article 1 of title 15 of the consolidated school law, as to payment of costs and damages In actions or proceedings brought by or against trustees of districts. PEISTAIi CODE Sec. 46 Attempting to prevent oScers from performing' duty. A per- son who attempts, by means of any threat or violence, to deter or prevent an executive ©fficer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor. Sec. 47 E^sistiiig officers. A person Avho knowingly resists by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor. Sec. i)7 Ofncer refusing to surrender to successor. A person who, hav- ing been an executive or administrative officer, wrongfully refuses to sur- render the official seal, or any books or papers appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor. Sec, 58 Administrative oficers. The various provisions of this chap- ter which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned. Sec. 94 Ijpjury, etc., to public records. A person who. willfully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by im- prisonment for not more than five years, or by a fine, not more than five hundred dollars, or by both. Sec. 114 Injury to records and misappropriation by ministerial offi- cers. A sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate ol any ministerial officer, who either : 1 Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or 2 Fraudulently appropriates to his own use or to the use of another person, or secretes Avith intent to appropriate to such use, any money, evi- dence of debt or other property instrusted to him in virtue of his otiice, is guilty of felony. Sec. 117 Heglect of public officers. A public officer, or person holding a public trust or employment, upon vv^hom any duty is enjoined by law, who willfully neglects to perform the duty, is guilty of a misdemeanor. Sec. 223 Use of force or violence, declared not unlav/ful, etc. To use or attempt, or offer to use, force or violence upon or toward the person of another is not unlawful in the following cases: 4 When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful author- Appendix 137 ity to reotrain or correct his child, ward, apprentice or scholar, and the force or violence used is reasonable in manner and moderate in degree; Sec. 448 Disturbing lawful m.eeting'S. A person who, without author- ity of law, willfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor. Sec. 470 Misappropriation, etc., and falsification of accounts by public officers. A public ofhcer, or a deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the peo- ple of this state, or of any department of the government of this state, or of any bureau or fund created by law, and in which the people of this state are directly or indirectly interested, or for or on account of any city, county, village or town, who 1 Appropriates to his own use, or to the use of any person not entitled thereto, v.'ithout authority of law, any money so received by him as such officer, clerk or deputy, or otherwise; or 2 Knowingly keeps any false account, or makes any false entry or ■erasure ii any account of, or relating to, any money so received by him, or 3 Fraudulently alters, falsifies, conceals, destroys or obliterates any sxich account; or 4 Willfully omits or refuses to pay over to the people of this state or their officer or agent authorized by law to receive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such offi- cer, when it is his duty imposed by law to pay over, or account for, the same; is guilty of felony. Sec. 471 Other violations of law. An officer or other person men- tioned in the last section who willfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding two years, or both. Sec. 473 A public officer or school officer, who is authorized to sell or lease any property, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily be- comes interested individually in such sale, lease or contract, directly or in- ■dii'ectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the superintendent of public instruction, is guilty of a misdemeanor. Sec. 485 Making false statement in reference to taxes. A person who, in making any statement, oral or written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor. Sec. 485a School district trustee not to draw draft on supervisor in certain cases, A school district trustee who issues an ordeir or draws a ■draft on supervisor or collector for any money, unless there is at the time sufficient money in the hands of such supervisor or collector belonging to the district to meet such order or draft, is guilty of a misdemeanor. Sec. 505 Unlav/fully entering building, A picrson who, undtir. c'rcum- stances or in a manner not amounting to a burglary, enters a building, or any part thereof, Avith intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor. Sec. 515 Other cases of forgery in third degree, A person who, with Intent to defraud or to conceal any larceny or misappropriation by any person of any money oa- property, either , 1 Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a cor- poration, association, public'office or officer, partnership, or individuals; or 2 Makes a false entry in any such account or book of accounts; or 3 Willfully omits to make ti-ue entry of any material particular in any such account or book of accoomts, made, written, or kept by him or under his direction; is guilty of forgery in the third degree. 138 Appendix General powers Boards of supervisois may divide school com- missioner districts containing more than two hun- dred school districts Division of School Commissioner Districts — Erection of CHAP. 686 AN ACT in relation to counties, constituting chapter eighteen of the general laws Passed May 18, 1892. THE COUNTY LAW Article Eleven— Boards of Supervisors Section 12 The board of supervisors slaall: 9 Divide any scliool commissioner's district within the county which contains more than two hundred school districts, and erect therefrom an additional school commissioner's district, and when such district shall have been formed, a school commissioner for the district shall be elected in the manner provided by law for the election of school commissioners. Continuing Free Instruction in Natural History, Geography and Kindred Subjects, etc. CHAP. 97— LAWS OF 1897 AN ACT to continue free instruction in natural history, geog- raphy and kindred subjects in certain institutions, and making an apppopriation therefor Became a law March 23, 1897, with the approval of the Governor. Tassed, three-fifths being present. Section 1 The state superintendent of public inatniction is hereby au- thorized to enter into an agreement with the American museum of natural history, in the city of New Yorli, for continuing the instruction of natural history, geography and kindred subjects in the several state nonnal schools, the normal college of the city of New York, the training school for teachers in the city of Bi'ooklyn, the teachers' institutes in the different counties of the state, and to the teachers in the common schools of the city of New York, Brooklyn and vicinity, authorized by chapter four hun- dred and twenty-eight of the laws of eighteen hundred and eighty-six, by chapter three hundred and thirty-seven of the laws of eighteen hundred and eighty-eight, by chapter forty-three of the laws of eighteen hundred and ninety-cue. nud by chapter six of the laws of eighteen hundred and ninety-ithree, for the further term of four years from the first day of January, eighteen hundred and ninety-seven. Sec. 2 Said instruction may include free illustrated lectures to artisans,, mechanics and other citizens, on such legal holidays as the state superin- tendent and museum authorities may agree upon. Sec. 3 The sum of eighteen thousand dollars, payable from the free school fund, is hereby appropriated for the preparation for and the supp.u't and maintenance of said course of instruction, for the year l>eginning on the first day of January, eighteen hundred and ninety-seven; and the sum of eighteen thousand dollars shall be apiDropriated annually thereafter In the general appropriation bill for the preparation for and the support andi maintenance of said course of instruction during the term of the agree- ment authorized by this act. Appendix 139 CHAP. 489 AN ACT to provide that additional facilities for free instruction in natural history, geography and kindred subjects, by means of pictorial representation and lectures, may be furnished to the free common schools of each city and village of the state that has, or may have, a superintendent of free commion schools Took effect May 2, 1899. Section 1 The state superintendent of public instruction is hereby au- thorized to furnish additional facilities for instruction in natural history, geography and kindred subjects, by means of pictorial representation and lectures, to the free common schools of each city and village of the state that has, or may have, a superintendent of free common schools. The local school authorities may, in their discretion, cause the aforesaid illus- trated lectures to be repeated to their artisans, mechanics and other citi- zens on the legal holidays and at other times. Any institution instructing Si teachers' training class, or any union free school, may have the free use ■of the apparatus provided by this act upon the payment to the superin- tendent of schools loaning the same of necessary expenses incurred in such use or for any loss or injury to said property. Said superintendent may, from time to time, establish the rules and regulations and make and enter into the contracts necessary for carrying out the provisions of this act. Sec. 2 The annual report of each school superintendent to the depart- ment of public instruction shall contain a full statement of the extent to which the instructions described may be given and his judgment of the usefulness of the same. Sec. 3 The sum of twenty thousand dollars is hereby appropriated, from any moneys not otherwise appropriated, for the preparation for and the support and maintenance of said instruction for the year beginning on the first day of January, eighteen hundred and ninety-nine, payable by the treasurer upon the warrant of the comptroller, upon vouchers approved by the superintendent of public instruction and audited by the comptroUei-, and the sum of twenty thousand dollars shall be appropriated annually thereafter, in the general appropriation bill, for the preparation for and the support and maintenance of said instruction for the term of four years from the' first day of Januai-y, eighteen hundred and ninety-nine. Sec. 4 The state superintendent of public instruction is hereby author- ized, under such rules and regulations as he may establish, to permit the slides for illustrative teaching prepared under the provisions of this act, to be sold to such educational institutions of this state as give free instruc- tion to a portion of their pupils, and are, or may be, hereafter chartered by special acts of the legislature or organized under the general laws of this state. Sec. 5 This act shall take effect immediately. Normal Schools C?HAP. 311 [1. Albast] AN ACT for the establishment of a normal school Passed May 7, 1844. Section 1 The treasurer shall pay on the warrant of the comptroller, to the order of the superintendent of common schools, from that portion of the avails of the literature fund appropriated by chapter two hundred 140 Appendix Appropria- tion for the establish- ment of a normal school at Albany Annual ap- propriation for support Supervision by state superin- tendent and the regents of the uni- versity Executive committee, duty of Rules and regulations Annual report and forty-one of the laws of one thousand eight hundred and thirty 'four, to the suppoi't of academical departments for the instruction of teachers of common schools, the sum of nine thousand six hundred dollars; which sum shall be expended under the direction of the superintendent of com- mon schools, and the regents of the university, in the establishment and support of a normal school for the instruction and practice of teachers of common schools in the science of education and in the art of teaching, to be located in the county of Albany. Sec. 2 The sum of ten thousand dollars shall, after the present year, be annually paid by the treasurer on the Avarrant of the comptroller, to the superintendent of common schools, from the revenue of the litei'ature fund, for the maintenance and support of the school so established, for five years, and until otherwise directed by law. Sec. 3 The said school shall be under the supervision, management and government of the superintendent of common schools and the regents of the university. The said superintendent and regents shall from time to time, malie all needful rules and regulations, to fix the number and compensa- tion of teachers and others to be employed therein, to prescribe the pre- liminary examination and the terms and conditions on which pupils shall be I'eceived and instructed therein, the number of pupils from the respective cities and counties, conforming as nearly as may be to the ratio of popula- tion to fix the location of the said school, and the terms and conditions on which the grounds and buildings therefor shall be rented, if the same shall not be provided by the corporation of the city of Albany, and to provide in all things for the good government and management of the said school. They shall appoint a board consisting of five persons, of whom the said superintendent shall be one, who shall constitute an executive committee for the care, management and government of the said school under the rules and regulations prescribed as aforesaid, whose duty it shall be from time to time to malce full and detailed reports to the said superintendent and regents, and among other things to recommend the rules and regula- tions which they deem necessary and proper for the said school. Sec. 4 The superintendent and regents shall annually transmit to the legislature a full account of their proceedings and expenditures of money under this act, together with a detailed report by said executive commit- tee of the progress, condition and prospects of the school. The foregoing was the first provision inade by law in this state for the establishment of any normal school. Though general in the sense of being" for the benefit of the state, the school was located at Albany, and to pro- vide uniformity in arrangement, the act is inserted here with other local acts relating to normal schools.* The laws providing for the establish- ment of normal schools generally will follow. The preceding act was regarded as experimental and for a term of five years only. At the expiration of the term, the institution, still at the time the only one in the state, was permanently established by the following- act: CHAP. S18 Appropria- tion for erection of nornifil school building at Albany AN ACT for the permanent establishment of the normal school Passed April 12, 1848. Section 1 The treasurer shall pay on the warrant of the comptroller, to the order of the state superintendent of common schools, from the general fund, a sum not exceeding fifteen thousand dollars, to be expended in the erection of a suitable building for the accommodation of the State Normal School for the in.struction and practice of teachers of common schools, in the science of education and the art of teaching. ♦At a meeting of the regents of the university held March 13, 1890, the corporate name of thfr Albany normal school was changed to the New York state normal college. Appendix 141 Sec. 2 The said buildiDg shall be erected under the direction of the How to be executive committee of the school, upon the ground owned by the state, erected and lying- iu the rear of the geological rooms. Sec. 8 The said school shall be as heretofore, under the supervision, supervis- mauagement and government of the state superintendent of common ag'^'n^n^' schools, and the regents of the university. The said superintendent and and govem- regents shall from time to time, make all needful rules and regulations, to™®'^**'* fix the number and compensation of teachers and others to be employed therein; to prescribe the preliminary examination, and the terms and con- ditions on which pupils shall be received and instructed therein; the num- ber of pupils from the respective counties conforming as nearly as may be to the ratio of population, and to provide in all things for the good govern- ment and management of the said school. They shall appoint a board Executive consisting of live persons, of whom the said superintendent shall be one, committee who shall constitute an executive committee for the care, management and government of said school, under the rules and regulations prescribed as aforesaid, whose duty it shall be from time to time to make full and de- tailed reports to the said superintendent and regents, and among other things to recommend the rules and regulations which they deem necessary and proper for the said school. Sec. 4 The superintendent and regents shall annually transmit to the Annual legislature a full account of their proceedings and of the expenditures of report money under this and previous acts, together with a detailed report of the progress, condition and prospects of the school. CHAP. 466 AN ACT in regard to normal scTiools Passed April 7, 1866. Section 1 The gOA^ernor, the lieutenant-governor, the secretary of state, Commis- the comptroller, the state treasurer, the attorney-general and the super- ^g""?^!*** intendent of public instruction, shall constitute a commission to receive proposals proposals in writing in regard to the establishment of normal and training ffg^n^em of schools for the education and discipline of teachers for the common schools n.umai of this state from the board of supervisors of any county in this state; schools from the corporate authority of any city or village, from the board of trustees of any college of academy, and from one or more individuals. Such commission shall have power to accept or refuse such proposals, ^°^^^' but the number accepted shall not exceed four. Such proposals shall acceptor contain specifications for the purchase of lands and the erection thereon refuse pro- of suitable buildings for such schools, or for the appropriatiou of land specifloa- and buildings to such use, and also the furnishing of such schools tionsin with furniture, apparatus, books and everything necessary to their ^"""^"^^ * .support and management. Such proposals may have in view either the grant and conveyance of such land and premises to the state, or the use of the same for a limited time, and for the gift to the state of furni- ture, apparatus, books and other things necessary to conduct such schools. Sec. 2 If the proposals made by any board of supervisors or by the cor- Power to porate authorities of any city or village shall be accepted, said board or {jy tax"or'^^ corporate authorities shall have power to raise by tax and expend the borrow money necessary to carry the same into effect, and if in their judgment it shall be deemed expedient, they shall have power to borrow money for such purpose, for any time not exceeding ten j-ears, and at a rate of inter- est not exceeding seven per cent, and issue the corporate bonds of said county, city or village therefor. *tSec. 3 When the said commission shall have accepted proposals and commis- determined the location of any one of such schools, and when suitable gg°tff'y^Q. — ceptanceof * As amended by section 1, chapter 224. laws of lf-97. proposals + As amended by section 1, chapter 472, laws of 19ul. 142 AprENDJX ■Suppiin- teijdent of public in- struction to Hppoiiit local Ijoard Powers and duties of local boards Keport to Che legisla- ture Course of study to be prescribed Powers and duties of fiupeiin- tendfut Selection of pupils Admission of pupils Examina- tion grounds and buildings have been set apart and appropriated for such schools, and all needful preparations made for opening same in accordance with the proposals accepted, the commission shall certify the same in writing, and then their power under this act in relation to such school shall cease, and thereupon the superintendent of public instruction shall appoint a local board, consistica of not less than three persons, who shall, respec- tively, hold their offices until removed by the concurrent action of the chancellor of the university and the superintendent of public instruction, and who shall have the immediate supervision and management of such school, subject, however, to his general supervision and to his direction in all things pertaining to the school. Such local board shall have power to appoint one of their number chairman, one secretary and another treas- urer of the board. The secretary may also be treasurer. The treasurer sihall give an undertaking to the people of the state for the faithful per- formance of his trust, in an amount fixed by the superintendent of public instruction. The undertaliing shall be approved by the superintendent and filed in the office of the comptroller. The secretary and the treasurer shall each be paid an annual salary to be fixed by the local board, with the approval of the superintendent of public instruction, but the aggre- gate amount of such salaries shall not exceed four hundred dollars. A majority of each of said boards shall form a quorum for the transaction of business, and in the absence of any officer of the board, another member may be appointed pro tempore to fill his place and perform his duties. It shall be the duty of such board to make and establish, and from time to time to alter and amend, such rules and regulations for the government of such schools under their charge, respectively, as they shall deem best, which shall be subject to the approval of the superintendent of public instruction. They shall also severally transmit through him, and subject to his approval, a report to the legislature on the first day of January in each year, shoAving the condition of the school under their charge during the year next preceding, and which report shall be in such form and contain such an account of their acts and doings as the superintendent shall direct, including, especially, an account in detail of their receipts and expenditnires, which shall be duly verified by the oath or affirmation of their chairman and secretary. Sec. 4 It shall be the duty of the local board subject to the approval of the superintendent of public instruction, to prescribe the course of study to be pursued in each of said schools. It shall be the duty of the super- intendent of public instruction to determine what number of teachers shall be employed in each school, and their wages, whose employment shall also be subject to his approval; to order, in his discretion, that one or more of said schools shall be composed exclusively of males and one or more of females; to decide upon the number of pupils to be admitted to each of said schools, and to prescribe the time and manner of their selec- tion, but he shall take care in such selection to provide that every part of the state shall have its proportionate irepresentation in such school as near as may be according to population; but if any school commissioner district or any city, shall not, for any cause, be fully represented in either of said schools, then the superintendent of pablic instruction may cause the maxi- mum number of such pupils to be supplied from any part of the state, giving preference, however, to those living in the county, city or village where such school is situated. *Sec. 5 All applicants for admission shall be residents of this state, or. If not, they shall be admitted only upon the payment of such tuition fees as shall be, from time to time, prescribed by the superintendent of public instruction. Applicants shall present such evidences of proficiency or be subject to such examination at the school as shall be prescribed by said superintendent. From and after the twentieth day of August, one thou- sand eight hundred and eighty-nine, it shall not be lawful for any such school to receive, into any academic department connected therewith, any pupil not a resident of the territory, for the benefit or advantage of whose ♦ As amended by chapter 142, laws of 18S9. Appendix I43 residents the state has pledged itself to maintain such academic depart- ment. When admitted, students, unless they are students in the academic Privileges or practice department or are non-residents, shall be entitled to all the fies''^''*"" privileges of the school, free from all charges for tuition or for the use of books or apparatus, but every pupil shall pay for books lost by him, and for any damage to books in his possession; any pupil may be dismissed from the school by the local board for immoral or disorderly conduct, or for neglect or inability to perform his duties. Sec. 6 The superintendent of public instruction shall prepare suitable Diplomas to diplomas to be granted to the students of such school, who shall have com- begranted pieted one or more of the courses of study and discipline prescribed, and a xo be a eer- diploma signed by him, the chairman and secretary of the local board and tiQcateof the principal of the school, shall be of itself a certificate of qualification ^^^^^^' to teach common schools, but such diploma may be annulled for the im- te'ach°n the moral conduct of its holder in like manner as provided for the annulment ^°?^™,°^ of a diploma of state normal school, in title two, chapter five hundred and ^'^ °°^ fifty-five of the laws of eighteen hundred and sixty-four. The provisions Diplomas of this section shall be applicable to the Oswego normal training school. ^^uUed Sec. 7 The sum of twelve thousand dollars shall be annually and is hereby appropriated for the support of each said normal and training schools to be organized under this act, payable out of the income of the common school fund, to be paid by the treasurer, on the warrant of the comptroller upon the certificate of the superintendent of public instruction aflixed to the proper accounts verified by the oath or affirmation of the local board of each school; but none of the money hereby appropriated shall be paid for the purchase of any ground, site or buildings for the use of such schools. Sec. S Local boards appointed under this act shall consist of not more Local than thirteen persons, and the office of any member of any such local boards to board, which now consists of more than thirteen members, is hereby de- '^""^i**"*' dared vacant; and the said superintendent of public instniction shall appoint a new local board, and may fill, by appointment, all vacancies occurring in said local boards. Until the appointment of such new local board, and until a quorum of such board shall have entered upon the dis- charge of its duties, and during such time as any local board shall omit to discharge its duties, the said superintendent is authorized to discharge the duties of such local boards or any of its officers; and the acts of said superintendent in the premises shall be as valid and as binding as if done by a competent local board or its officers, or with their co-operation. \This section added by laws of 1869, chapter 18.) State normal and training schools were established under the provisions of the foregoing act and special acts, as follows: Brockport.— Chaps. 21 and 96, laws of 1867. BuiT.'ilo.— Chap. 583, laws of 1867. Cortland.— Chap. 199, laws of 3867; chap. 174, laws of 1868. Fredonia.— Chap. 223, laws of 1867. Geneseo.— Chap. 193, laws of 1867; chap. 601, laws of 1868, and chap. 2P4, laws of 1871. Oswego. — Chap. 418, laws of 1863, as amended by chap. 445, laws of 1865; chap. 170, laws of 1867. Potsdam. — Chap. 6, laws of 1867. New Paltz.— Chap. 287, laws of 1885. Oneonta. — Chap. 374, laws of 1887. Plattsburgh.— Chap. 517, laws of 1S89. Jamaica.— Chap. 553, laws of 1893. Note. There Is also a normal college In the city of New York and training schools In other cities ' of the state maintained by local authorities. 144 Appendix Local boards to have cus- tody, etc.. of grounds and build- lugs Willful trespass upon, a misde- meanor Special policrman may be wp- pointed Arrest of offenders Custody and Preservation of Normal School Buildings CHAP. 348 AN ACT concerning tlie grounds, buildings and propertv of tlie state provided for normal schools, the custody, protection and preservation of the same, and the powers of local boards in. relation thereto Passed May 20, 1880. Section 1 The local boards of managers of tlie respective normal scliools- in this state shall have the cnstody. keeping and management of the gronnds and Iniildings provided or nsed for the purposes of such schools, respectively, and other property of the state pertaining thereto, with power to protect, preserve and improve the same. *Sec. 2 (Section 2 providing for the punishment for willful trespass, repealed liy subdivision 55 of sec. 1 of chap. 593. Laws of 188(1.) Sec. 3 For the purpose of protecting and preserving such buildings, grounds and other property, and preventing injuries thereto, and pre- serving order, preventing disturbances, and preserving the peace in such buildings and upon such grounds, the local board of managers of each of said normal schools shall have power, by resolution or otherwise, to appoint, from time to rime, one or more special policemen, and the same to remove at pleasure, who shall be police otficers, with the same powers as constables of the town or city where such school is located, whose duty it shall be to preserA-e order, and prevent disturbances and breaches of the peace in and about the buildings, and on and about the grounds used for said school, or pertaining thereto, and protect and preserve the same from injury, and to arrest any and all persons making any loud or unusual noise, causing any disturbance, committing any breach of the peace, or misde- meanor or' any willful trespass upon such grounds, or in or upon said buildings, or any part thereof, and convey such person or persons so ar- rested, with a statement of the cause of the an-est, before a proper magis- trate to be dealt with according to law. Sec. 4 This act shall take effect immediately. Insurance of Property of Normal Schools CHAP. 443 AN ACT to amend chapter one hundred and sixteen of the laws of eighteen hundred and eightv-two, entitled "An act author- izing the local board of the state normal schools of this state to insure the buildings and property belonging to said schools for the benefit of the state " Became a law May 3, 1894, with the approval of the Governor, three-fifths being present. Passed, Insurance Section 1 Section one of chapter one hundred and sixteen of the laws of of buildings p}g,iitpeii hundred and eighty-two, entitled "An act authorizing the local bo^irds of the state normalschools of this state to insure the buildings and property belonging to said schools for the benefit of the state," is hereby amended so as to read as follows: Sec. 1 The local board of each state normal school of this state is hereby authorized to msure and keep insured for the benefit of the state all the ♦Chapter XIV of the penal code provides a penalty for such offenses. Appendix 14:5 real and personal property belonging to said school, and to pay for the same out of any money or moneys appropriated by the state, from time to time, for the maintenance of said school; and any insurance already effected by any such board is hereby ratified and confirmed. Sec. 2 This act shall talie effect immediately. Insurance Money CHAP. 488 AN ACT for the disposition and use of insurance moneys received for loss or damage of property in the state normal and training schools Became a law May 4, 1894, with the approval of the Governor. Passed, three-fifths being present. Section 1 Where any loss or damage, against which insurance exists, Monpy occurs to the real or personal property of any of the normal and training fronriiisur- schools of the state, the moneys realized from such insurance shall be de- ancetobe posited by each company in which such propertj^ is insured in a bank to deposited be designated by the state comptroller, subject to the checlc of the local board of managers of such school, countersigned by the state comptroller, jjow and shall be kept as a separate fund to the credit of the local board of drawn managers of such school, and shall be immediately available to be ex- pQ^^j^g^j, pended under the direction of such local board of managers, sub,iect to the purposes to approval of the state superintendent of public ijistructiou, to repair or re- be ex- place, wholly or partially, the real or personal property so damaged or ^^^ ^ destroyed. Sec. 2 This act shall take effect immediately. Indians— Appointments to Normal Schools CHAP. 89 AN ACT to provide for the support and education of a limited number of Indian youth, of the state of New York, at the state normal school Passed March 23, 1850. Section 1 The treasurer shall pay, on the warrant of the comptroller, to Appropria- the order of the state superintendent of common schools, from the general uon fund, a sum not exceeding one thousand dollars per year, for the support and education of ten Indian youth in the state normal school, which moneys are hereby appropriated for the purpose of this act. Sec. 2 The selection of such youth shall be made by the state superin- selection tendent of common schools, from the several Indian tribes located within of pupus this state; and in making such selection due regard shall be had to a just participation in the privileges of this act by each of the said several tribes, and, if practicable, reference shall also be had to the population of each of said tribes in determining such selection. Sec. •'! Such youth shall not be under sixteen years of age, nor shall any Age of of such youth be supported or educated at said normal school for a period p»piis exceeding three years. Sec. 4 The executive committee of the state normal school shall be the Tjjgj^ guardians of such Indian youth, during the period of their connection with guardians, the school; and shall pay their necessai-y expenses, not to exceed one penses' 10 146 Appendix hundred dollars per year for each pupil, to be defrayed out of the money appropriated by the first section of this act. To enjoy all Sec. 5 The Indian pupils selected in pursuance of this act, and attend- privihges jjjg said normal school, shall enjoy the same privileges, of every kind, as the other pupils attending said school, including the paymeat of traveling expenses, not exceeding ten dollars to each pupil. Tuition money, how to be expended Tuition Money in Normal Schools— How to be Used *CHAP. 492 Tuition money may be expended for current expenses, etc. The local boards of the several state normal schools are hereby authorized to ex- pend, under the direction of the superintendent of public instruction, the moneys now on hand received for tuition in any of the departments of the respective schools, and the moneys hereafter to be received for such tui- tion, for apparatus, repairs, insurance, furniture or other improvements upon the grounds or buildings, or for the ordinary expenses of the respec- tive schools. Normal Schools— Local Boards of, to Accept Money or Prop- erty for Benefit of Such School CHAP 165 AN ACT to authorize tlie local board of any state normial and training school of this state to accept money or other property, for the benefit of such school Passed Mai-ch 30, 1896. Section 1 By and with the sanction and consent of the superintendent of public insti'uction of this state, it shall be lawful for the local board of managers of any state normal and training school of this state, to accept, for the state, the gift, grant, devise or bequest of money or other property, and to apply the same to any purpose, not inconsistent with the general purposes of such school, which shall be prescribed in the instrument by which such gift, grant, devise or bequest shall be made. See. 2 This act shall take effect immediately. 'From the suppljr bill, l^ws of 1870, APPEALS-RULES OF PRACTICE STATE OF NEW YORK Department op Public Instruction Albany, N. Y., Jnhj 22, 1901 Pnri3uant to the authority conferred by section 2, title 14, chapter 556, laws of 1894, the state superintendent has established the following amended rules to regulate the practice in appeals: 1 An appeal must be in writing, addressed " To the Superintendent of Public Instruction," stating the grounds upon which it is talien, and signed by the appellant or appellants. The appeal must be verified by the oath of the appellant or appellants. When the appeal is made by the trustees of a district, it must be signed by all the trustees, or a reason must be given for the omission of any, verified by the oath of the appellant, or of some person acquainted with such reason. 2 A copy of the appeal, and of all the statements, maps and papers Intended to be presented in support of it, with the afiidavit in verification of the same, must be served on the officer or officers whose act or decision is complained of, or some of them; or if it be from the decision or pro- ceeding of a district meeting, upon the district clerli or one of the trustees, whose duty it is to cause information of such appeal to be given to the inhabitants who voted for the decision. 3 Such service must be made by delivering a copy of the appeal to the party to be served personally, or, in case he can not be found in the com- missioner district in which he resides, after due diligence, by delivering and leaving the same at his residence, with some person of suitable age and discretion, between six o'clock in the morning and nine o'clock in the evening. 4 Immediately after the service of such copy the original, together with an affidavit proving the service of a copy thereof and stating the time and manner of the service and the name and official character of the person upon whom such service was made, must be transmitted to the Depart- ment of Public Instruction at Albany. 5 Such original appeal and all papers, etc., annexed thereto, with proof of service of copies, as required by rules 3 and 4, must be sent to the Department of Public Instruction within 30 days lafter the making of the decision or the performance of the act complained of or within that time after the knowledge of the cause of complaint came to the appellant, or some satisfactory excuse must be rendered in the appeal for the delay. If an answer is received to an appeal which has not been transmitted to the Department, such appeal will be dismissed. 6 The party upon whom an appeal shall be served must, within 10 days from the time of such service, unless further time be given by the State Superintendent, on application, answer the same, either by concurring in a statement of facts with the appellant or by a separate answer, and of all affidavits, papers, maps, etc., in support thereof. Such statement and answer must be signed by all the trustees or other officers whose act, omission or decision is appealed from, or a good reason, on oath, must be given for the omission of the signature of any of them. Such answer must be verified by oath and a copy thereof and of all the statements, maps, papers, etc., intended to be presented in supp'ort thereof, served on the appellants or some one of them, in like manner as is provided in rule 3 for the service of a copy of an appeal. 148 Appendix 7 Immediately after the service of a copy of such answer and the state- ments, papers, ete., presented in support thereof, the original answer and papers, etc., together with an affidavit of the service of such copy and stating the time and manner of the service and the name and official character of the person upon whom such service was made, as herein- before provided for the service of a copy of an appeal, must be trans- mitted to the Departmenit of Public Instruction, at Albany. 8 No reply, replication or rejoinder shall be allowed, except by permis- sion of the State Superintendent of Public Instruction; in which case, such reply, replication and rejoinder must be duly verified by oath, and copies thereof served on the opposite party. Immediately after the service of such copy, the original, together with an affidavit of such service, and stating the time and manner of the service and the name and official character of the person upon whom such service was made, must be trans- mitted to tlie Department of Public Instruction, at Albany. 9 So far as the parties concur in a statement, no oath will be required to it. But all facts, maps or papers, not agreed upon by them and evi- denced by their signature on both sides, must be verified by oath. 10 When any proceeding of a district meeting is appealed froim, and when the inhabitants of a district generally are interested in the matter of the apneal. and in all cases Avhere an inhabitant might be an appellant had the decision or proceeding been the opposite of that which was made or had. any one or more of such inhabitants may answer the appeal, with or without the trustees. 11 When the appeal has relation to the alteration or formation of a school district; it must be accompanied by a map, exhibiting the site of the schoolhouse, the roads, the old and new lines of districts, the different lots, the particular location and distance from the sehoolhouses of the persons aggrieved, and their relative distance, if there are two or moi'e school- houses in question; also, a list of all the taxable inhabitants in the dis- trict or territory to be affected by the question, showing in separate col- umns the valuation of their property, taken from the last assessment-roll, and the number of children between 5 and 21 belonging to each person, distinguishing the districts to which they respectively belong. 12 An appeal, of itself, does not staj^ proceedings. If the party desires such stay he should apply for it by petition, stating the facts why such stay should be made, duly verified. The Superintendent will grant a stay, or not, as in his judgment it may be proper, or may subserve the interests of either party or the public; and may direct a copy of the petition to be served on the opposite party, and a hearing of both sides before deciding upon the application. 13 The affidavit of verification, required by these rules to an appeal, :answer. reply, replication and rejoinder, must be to the effect that the same is true to the knowledge of the affiant, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. 14 All oaths required by these rules may be taken before any person authorized to take affidavits. 15 All appeals and other papers therein must be fairly and legibly -written; and if not so written, may, in the discretion of the Superintendent, be returned to the parties. 16 Wh^n any party, appellant or respondent, is not represented on the appeal by any attorney, the name of such party, with the names of the district, town and county and his post-office address must be indorsed upon each ]>aper of the party so represented, filed in the Department on such appeal; and when represented by an attorney, the name of such attorney, with name of the district, town and county affected and his post-office address, must be so indorsed upon each papfer of the party so represented, tiled in tlie Department on such appeal. 17 Submission of appeals may be made upon the papers filed therein, with or without oral argument, or the filing of briefs, as the Superintend- ent, upon application, may determine. ! 18 The decision of the Superintendent in every ease will contain the / order, or directions, necessary and proper for giving effect to his decisions. Appendix 149 19 A decision npon an appeal will be forwarded by the Superintendent to the clerk of the school district in which the appeal arose, or the town clerk of the town, when the appeal relates to the alteration of a district in which the order appealed from is filed, whose duty it will be to file the same in his oflice as a public record. PRACTICE ON APPLICATION FOR REMOVAL OF SCHOOL OFFICERS Under Section 13 of Title i of Consolidated School Law of 1894 For willful violation or neglect of duty The proceedings are generally termed appeals asking for the removal of the officer against whom the charges are made. The applicant should prep^ire a petition addressed, '■' TO' the Superin- tendent of Public Instruction," in which, after distinctly stating the charge, should proceed with a specification of the facts by which it is established, Avhicli must be set forth with such certainty as to time, place, etc., as to furnish the officer with precise information as to what he is expected to meet, and enable him to look for repelling testimony. The charges must not only be distinctly alleged, but they must be spe- cifically proved. After being verified, a copy of the petition, and of all the affidavits in support thereof, including the affidavits of verification thereto, must be served upon the officer whose removal is sought, to- gether with a notice of the application, which may be substantially in the following words: Sir: Take notice that the petition and affidavits, with copies of which you are herewith seeded, will be presented to the Siiperlateiideut of Public Instruction at Albany, and application thereupon made for your removal from the office of of district No. of in county; and that you are required to transmit your ansAver to such appli- cation, duly verified, to the Dep'artment of Public Instruction within 10 days after the service hereof or the charges contained in such affidavits will be deemed to be admitted by you. A B." Post-office address A copy of this notice, together with an affidavit proving the service thereof, and of the petition and affidavits therein referred to, and the date and manner of such service must be transmitted, with the original petition and affidavits, to the Department of Public Instruction. The officer can not be prejudiced by anj^ statement which he has not been called upon to answer. The officer must transmit his sworn answer, together Avith the affidaAnts of other persons, if he deems them necessary, Avith proof of service of copies thereof upon the petitioner, to the Depart- ment within 10 days. If, for any reason, as tlie absence of material witnesses, he is unable to complete his defense in that time, he should, before its expiration, transmit his oaa-u answer, duly A^erified, with a statement, under oath, of the facts which render it necessary, that the time to procure further evidence sliould be extended, and stating the earliest day at which he expects to be able to obtain such evidence. If a proliable defense appears from his ansAA-er, and the application for further time is reasonable, an order will be made gi'anting it. If no answer is made by the officer to the petition, etc., the allegations contained in said petition, etc.. will be considered admitted as true, and If, as such, a case is established against the officer, the Superintendent will at once remove him. If an answer is interposed the question will be decided by the Superintendent after an examination of the facts as presented by the papers upon both sides. 150 Appendix For willfully disobeying any decision, order or regulation of the^ Superintendent of Public Instruction. The practice and procedure in cases of the willful disobedience of any order, decision or regulation of the Superintendent should be like that above stated o'^ willful violation or neglect of dutj% excepting that upon the filing of the petition, etc., with proof of service of a copy thereof upon the officer, in the Department, or upon his own motion, the Superintendent will issue an order directing the otficer to show cause before him on or before a certain day fixed in the order, why he should not be removed from office. If no answer is made to said order the allegations contained in the moving papers will be deemed to be admitted as true, and if. as such, a case is established against the officer, the Superintendent will at once remove him. If an answer is interposed, the question will be de- cided by the Supeiintendent after an examination of the facts as pre- sented by both sides. Note, In the papers filed in the Department, upon an appeal, the Super- intendent wants facts, not arguments or inferences, much less injurious imputations on the motives of parties. The facts should be distinctly averred, so that an indictment for per- jury would lie if they are willfully misstated. Therefore they should not be stated by way of recital under a " whereas," or in any similar indirect way. Every material fact should be stated with all practicable particularity as to time, quantities, numbers, etc. Where a statement is ambiguous or doubtful in meaning, that construction is adopted which is most unfavorable to the party making it. The appellant must establish his appeal by a preponderance of proof, and should make out his own case, so that if no answer is put in, the Superintendent will have, in the appeal itself, all the facts to inform him what order ought to be made. No decision can be based upon any facts except those which are stated in the papers in the appeal, and which the opposite party has had the opportunity to controvert, although such facts may have been brought to the knowledge of the Superintendent in some other way. The record itself must contain enough to support the de- cision. In the bringing and answering of appeals it is recommended that the matters be written upon paper ruled as paper is ruled for legal pleadings. Such paper is kept by all stationers and booksellers, and is known as law paper or legal cap. The several sheets should be written as lawyers write their papers, on both sides, so that the bottom of the first page is the top of the second, and the sheets are fastened or attached at the ends and not at the sides. Manuscript arranged in this fashion is more easily handled, folded and filed. The papers should be smoothly folded and indorsed with the title of the case, briefly stating the substance of the appeal or answer, with the names of the parties or attorneys, and their post-office address and the disti-ict, town and county affected. CHARLES R. SKINNER Btute Superintendent of FuMic Instruction SPECIAL ACTS CHAP. 222, LAWS OF 1895 AN ACT to provide for the purchase and display of United States flags in connection with the public schools of the state Became a law April 3, 1895, with the approval of the Governor. Passed, ttiree-fifths being present. Tlie People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 The school authorities of every public school in the several cities and school districts of this state shall purchase a United States flag, flagstaff and the necessary appliances therefor, and shall display such flag upon or near the public school building during school hours, and at such other times as the school authorities may direct. The neces- sary funds to defray the expense incurred by this act shall be assessed and collected in the same manner as moneys for public school purposes are now raised by law. Sec. 2 This act shall take effect immediately. CHAP. 481, LAWS OF 1898 AN ACT to provide for the display of the United States flag on the school-houses of the state, in connection with the public schools; and to encourage patriotic exercises in such schools Became a law April 25, 1898, with the approval of the Governor. Passed, three-fifths being present. The People of the State of Neio York, represented in Senate and Assembly, do enact as follows: Section 1 It. shall be the duty of the school authorities of every public school in the several cities and school districts of the state to purchase a United States flag, flagstaff and the necessary appliances therefor, and to display such flag upon or near the public school building during school hours, and at such other times as such school authorities may direct. Sec. 2 The said school authorities shall establish rules and regulations for the proper custody, care and display of the flag, and when the weather will not permit it to be otherwise displayed, it shall be placed conspicu- ously in the principal room in the school-house. Sec. 3 It shall be the duty of the state superintendent of public in- struction to prepare, for the use of the public schools of the state, a program providing for a salute to the flag at the opening of each day of school and such other patriotic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. It shall also be his duty to make special provision for the observance in such puTjlic schools of Lincoln's birthday, Washington's birthday, Memorial day and Flag day, and such other legal holidays of like character as may be hereafter designated by law. 152 Appendix Sec. 4 The state superintendent of public instruction is hereby author- ized to provide for the necessary expenses incurred in developing and! encouraging- such patriotic exercises in the public school. Sec. 5 Nothing herein contained shall be construed to authorize mili- tary instruction or drill in the public schools during school hours. Sec. 6 This act shall talie effect immediately. CHAP. 232, LAWS OF 1895 AN ACT in relation to gospel funds and school lots in the- several towns and counties of the state Became a law April 4, 1895, with the approval of the Governor. Passed,. three-fifths being present. Tlie People of the State of New York, represented in Senate amd Assembly, do enact as follows: Section 1 It shall be lawful for the supervisor of any town having money arising from the sale of gospel lands, and known as gospel funds, to apportion such among the several school districts of his respective town as hereinafter provided. Sec. 2 Any town having a gospel fund of five hundred dollars or less may apportion such fund with the consent and approval of a majority of the town board of such town. Sec. 3 Any toAvn having a gospel fund of more than five hundred dollars may apportion such fund in like manner by a vote at anj^ annual or special town meeting. Sec. 4 Where such apportionment is made, the supervisor shall pay to the trustees of the several school districts of his town its pro rata share according to the aggregate school attendance of each school district in the preceding year. Sec. 5 The trustees of such school districts shall execute and file with the supervisor of such town a bond of twice the amount of such appor- tionment, Avith sutflcient sureties, to be approved by such supervisor. Sec. 6 Such trustees, upon the receipt of such money, shall apply the same for such purpose as the school district in annual or special meeting, shall decide. Sec. 7 This act shall take effect immediately. CHAP. 362, LAWS OF 1895 AN ACT to provide that additional facilities for free instruction in natural history, geograph}^ and kindred subjects, by means of pictorial representation and lectures, may be furnished to the free common schools of each city and village of the state that has, or may have, a superintendent of free common schools Became a law April 19, 1895, with the approval of the Governor. Passed,, three-fifths being present. The People of the State of New York, represented in Senate and Assernhly, do enact as follows: Section 1 The state superintendent of public instruction is hereby authorized to furnish additional facilities for instruction in natural history, geography and kindred subjects, by means of pictorial represeuta- Appendix 15^ tion and lectures, to the free common schools of each city and village of the state that has or may have a superintendent of free common schools. The local school authorities may. in their discretion, cause the aforesaid illustrated lectiu'es to be repeated to their artisans, mechanics and other citizens on the legal holidays and at other times. Any institution in- structing a teachers' training class, or any union free school may have- the free use of the apparatus provided by this act upon the payment to the superintendent of schools loaning the same of necessary expenses incurred in such use or for any less or injury to said property. Said superintendent may. from time to time, establish the rules and reg-ulations and make and enter into the contracts necessary for carrying out the provisions of this act. Sec. 2 The aunnal report of each school superintendent to the depart- ment of public instruction shall contain a full statement of the extent to which the instructions described may be given and his judgment of the usefulness of the same. Sec. 3 The sum of t-\venty-five thousand dollars is hereby appropri- ated, from any moneys not otherwise appropriated, for the preparation for and the support and maintenance of said instruction for the year beginning on the first day of .January, eighteen hundred and ninety-five, payable by the treasurer upon the v^-arrant of the comptroller, upon vouchers approved by the superintendent of public instruction and auditerf' by the comptroller, and the sum of twenty-five thousand dollars shall be appropriated annually thereafter, in the general appropriation bill, for the preparation for and the support and maintenance of said instruction for the term of four years from the first day of January, eighteen hundred, and ninety-five. Sec. 4 This act shall take efCect immediately. CHAP. 550, LAWS OF 1895 AN ACT in relation to a biennial school census Became a law May 7, 1895. with the approval of the Governor. Passed^. three-fifths being present. The People of the State of yew York, represented in Senate and Assemhly, do enact as folloics: Section 1 It shall be the duty of the state superintendent of public in- struction, to take or cause to be taken, in the next ensuing October after the enactment of this law, and thereafter in every second year in the month of October, a school census, in all towns and cities of the state having a population of ten thousand or upwards: which shall ascertain the folloAving facts, and he shall embody a summary of the same in his annual report, for the year in which said census is taken, viz., the name.s and ages of all persons between the ages of four and sixteen; the number of persons in each town or city coming within the application of this law;, between the ages of twelve and twenty-one years, that are unable to read or write; the number of persons over four and under sixteen years of age who do not attend school because they are obliged to work Avithin school hours: the number of persons between four and sixteen years who are attending other than public schools: and such other facts as in his judg- ment may be of importance in securing the information needed to carry out the requirements of article nine, section one of the state constitution^ or for the improvement of the common school system. Sec. 2 In taking this school census, the superintendent of public in- struction is authorized to determine the work to be done by all the com- mon school authorities and employes under his snperintendency. and it shall be the duty of all such authorities and public officers having any civil authority in counection with the common school administration of the 164 Appendix state or of said city or town, to aid said superintendent in all proper ways in the discharge of his duties under this act. Sec. 3 Whoever, being any parent or person having under his or her control, or in his or her charge, a child between the ages of four and sixteen years, refuses or withholds information in his or hei' possession, sought by said superintendent or his representative for the purpose of a school census, or falsifies in regard to the same, shall be liable fo and punished by fine not exceeding twenty dollars, or by imprisonment not exceeding thirty days. Sec. 4 The money required for the purpose of carrying this act into effect shall be paid by the towns and cities respectively included in the provis- ions of the act, and shall be paid for the service rendered in taking the school census, on the certificate of the state superintendent that such census has been satisfactorily taken. Sec. 5 This act shall take effect immediately. CHAP. 767, LAWS OF 1895 AN ACT to provide additional compensation for teachers of common schools in any town of the state who have taught therein continuously twenty-five years or more The People of the State of New York, represented in Senate and AssemUy, do enact as follows: Section 1 Upon the petition of twenty-five or more taxpayers of any town in the county of the state requesting the submission at the next ensuing annual town meeting of such town made not less than ten days before the accruing thereof, of the question of making provision by tax- ation upon the taxable property in such town for a sum of money suffiicient to pay such teachers resident of such town, who have been employed in the common schools thereof for not less than twenty-five years, and have rendered continuous service in teaching for such period, with such inter- mission only as may have occurred in the allotment of school terms or from sickness, the town board of such town shall cause to be submitted to the taxpayers of such town, at the next ensuing town meeting upon due notice thereof published in a newspaper printed in such town, if any paper be published therein, or printed or written notices posted in not less than ten public places in such town, the question whether a sufficient sum •of money be raised from the taxable property within such town to pay said teachers as compensation for long and meritorious service so long as said teachers reside in such town, upon the conditions, at the times and in the manner hereinafter provided. Sec. 2 In the event of such petition being so made and presented to the supervisor of any town, and notice being given as provided in section one of this act, the town board shall furnish the necessary ballots in number and forms for the use of the voters of such town at the next ensuing annual town meeting, and shall provide separate ballot-boxes for the recep- tion of ballots cast thereat on the question submitted. One-half of the number of said ballots shall have printed thereon, respectively, " for teach- ers' pension fund," and the other half shall have printed thereon, respec- tively. " against teachers' pension fund." and such votes as may be cai^t shall be counted and returned by the officers presiding at said town meet- ing the same as other votes are counted and returned. If a majority of the votes so cast be found to be in favor of raising a sum of money suffi- cient to provide for such fund, and not otherwise, the town board of such town shall immediately thereafter proceed to ascertain what teachers of such class are entitled to the benefits conferred by this act and to receive their proportionate share of the money so voted to be paid, and said board shall require of every person applying therefor, who has taught in the Appendix 155 common schools of such town for the period of twenty-five years or more, to malce concise statement of the term of service, the districts in which he or she has tauglit and the wages, monthly or weekly, received during the last year in which said teacher taught, which statement shall be ac- knowledged before any officer qualified to take acknowledgments, and filed in the ofiice of the clerk of such town. Thereupon, and at the next annual meeting of the board of supervisors of the county, and at every annual meeting thereafter, the said board shall include in the tax levy of the town so voting as hereinbefore provided in favor of a teachers' pension fund, the amount necessary in each year as estimated and reported by the town board of such town, which sum, when collected, shall be paid over by the collector of such town, to the supervisor thereof, who shall pay out the said money to the teachers found to be entitled thereto in amount to each such teacher, in monthly payments equal to one-half the sum received as teachers' monthly or weekly wages by each such teacher during the last year such teacher was employed to teach in the common schools of such town. And such teachers sharing in the money so appro- pi-iated and paid shall be allowed such amount in installments herein provided as long as they continue to reside in such town, but no longer, and they shall, in receiving the benefits conferred by this act be deemed to be retired from teaching and placed upon a roll kept by the town clerk of the town as superannuated and retired teachers. Sec. 3 When a vote has been had on the proposition provided to be so submitted by this act in any town, and such vote shall have been against the teachers' pension fund, another vote on the same question shall not be taken again within three years of the first vote so taken; * [subject, however, if not physically disabled, to perform such service in the place of any teacher temporarily absent or disqualified, as the school commis- sioner may require and direct without additional compensation]. Sec. 4 This act shall take efEect immediately. CHAP. 768,. LAWS OF 1895 AN ACT authorizing the State Superintendent of Public Instruc- tion to appoint his chief clerk as second deputy Tlie People of tlie State of New York, represented in Senate a/nd Assemhlp, do enact as follotcs: Section 1 The state superintendent of public instruction is hereby authorized to appoint his chief clerk as second deputy superintendent of public instruction, who shall have power to perform the duties of the deputy superintendent of public instruction; and such second deputy shall not receive any extra salary by reason of such appointment. Sec. 2 This act shall take effect immediately. CHAP. 573, LAWS OP 1892 AN ACT for the encouragement of common schools and public libraries Appkoved May 14, 1892. Sections 1 to 8, inclusive, of the above-entitled chapter are contained in and constitute title 13 of the consolidated school law of 1894, chapter 556 of the laws of 1894, relating to " common schools and public libra- ries." _^ *Thls bracketed clause should come at the close of section 2. The mistake of the engrossing flepartment was not discovered till the law was signed. 1-66 Appendix *Sec. 9 The sum of fifty-five thousiincl dollars divected to be diitributed to tbe several cities and scbool- districts of the State by section four of chapter tAvo hundred and thirty-seveu of tbe laws of eighteen hundred and thirty-eight, shall continue to be appropriated and shall be known as school library moneys and shall be applied to the purchase of books for the formation or extension of common school libraries, and for the neces- sary expenses of the state school library for the benefit and free use of the teachers of the state, to be circulated under such rules and regulations as the state superintendent of public instruction may estab- lish. All payments for said state school librarj^ shall be made by the treasurer upon the Avarrant of the comptroller, upon bills approved by the state superintendent of public instruction. Sec. 10 For the fiscal year beginning October first, eighteen hundred and ninety-two, but not thereafter, out of said fifty-five thoasand dollars, school library money, there shall be paid twenty-five thousand dollars for public library money, and said tAventy-five tiiousand dollars shall be paid by the treasurer, on the Avarrant of the comptroller, according to -an apportionment to be made for the benefit of free libraries by the .regents in accordance AAath their rules and authenticated by the university seal; provided that none of this money shall be spent for books except those approved or selected and furnished hj the regents; that no locality shall share in the apportionment unless it shall raise for the same pur- pose not less than an equal amount from taxation or other local sources; that for any part of the apportionment not paj^able directly to the library trustees the regents shall file AAith the comptroller proper vouchers shOAv- ing that it has been spent in accordance AAith law exclusiA'ely for books tor free public libraries or for proper expenses incurred for their benefit; and the books paid for by the state shall be subject to return to the regents Avhenever the library shall neglect or refuse to conform to the ordinances under AA'hich it secured th(jm. Sec. 11 Kepeals, Section four, chapter two hundred and thirty-seA'en of the laws of eighteen hundred and thirty-eight is hereby repealed, and sections one to nine of this act are hereby substituted for title eight, of chapter five hundred and fifty-five of the laAA's of eighteen hundred and sixty-four, Avhich said title eight is hereby repealed; and all other acts repugnant to or inconsistent with the provisions of this act are, so far ^s they are so inconsistent, hereby repealed. Sec. 12 This act shall take effect immediately. CHAP. 1031, LAWS OF 1895 IA.N ACT to encourage and to promote the professional training of teachers tSection 1 The board of education or the public school authorities of any city or of any village employing a superintendent of schools, may establish, maintain, direct and control one or more schools or classes for the professional instruction and training of teachers in the principles of education and in the method of instruction for not less than thirty-eight 'weeks in each school year. iSec. 2 ToAA-ard the maintenance and support of these school and ■classes established pursuant to this act, or heretofore established and maintained for similar purposes, and AA'hose requirements for admission and whose course of studies are made Avith the approval of the state superintendent of public instruction, and under whose direction such classes shall be conducted, the said superintendent is hereby authorized and directed in each year to set apart, to apportion, and to pay from the free school fund one dollar for each week of instruction of each pupil, * AS amended by section 1, chapter 546, laws of 1895. T As amended by chapter 495. laws of 1897. i As amended by chapter 646, laws of 1896. AppeiSdix 157 :and the sum of forty thousand doUars is hereby appropriated to carry out the provisions of this act until the close of the school year of eighteen hundred and ninety-seven. Such apportionment and payment shall be made upon the report of the local superintendent of schools, filed vs'itb the state superintendent of public instruction, who shall draw his war- rant upon the state treasurer for the amount apportioned. Sec. 3 If the total sum to be apportioned and to be paid, as provided by section two of this act, shall in any one year exceed the said sum of one hundred thousand dollars, the said state superintendent of public instruction shall apportion to each school and class its pro rata of said sum upon the basis described in section two of this act. Sec. -i After January first, eighteen hundred and ninety-seven, no per- son shall be employed or licensed to teach in the primary and grammar schools of any city authorized by law to employ a superintendent of schools, who has not had successful experience in teaching for at least three years, or, in lieu thereof, has not completed a three years' course in, and graduated from a high school or academy having a course of study of not less than three years, approved by the state superintendent of public instruction, or from some institution of learning of equal or higher rank, approved by the same authority, and who, subsequently to such graduation, has not graduated from a school or class for the pro- fessional training of teachers, having a course of study of not less than thirty-eight weeks, approved by the state superintendent of public instruc- tion. Nothing in this act shall be construed to restrict any board of education of any city from requiring such additional qualifications of teachers as said board may determine; nor shatl the provisions of this net preclude the board of education of any city or village from accepting the diploma of any state normal and training school of the state of New York, or a state certificate obtained on examination, as an equivalent for the preparation in scholarship and professional training herein required. Sec. 5 All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 6 This act shall take effect immediately. CHAP. 183, LAWS OP 1900 A^N" ACT to proYide for the compulsory education of Indian chil- dren on the Allegany and Cattaraugus reservations Became a law, March 22. 1900, with the approval of the Governor. Passed, three-fifths being iDresent. The People of the State of New York, represented in Senate and Assemhli/, do enact as follows: Section 1 Short title. This chapter shall be known as the compulsory ■education law for the Allegany and Cattaraugus Indian reservations. Sec. 2 Defi.nitions. The term persons, in parental relations to an In- dian child, includes the parents, guardians or other persons, whether one or more, lawfully having the care, custody or control of such child. An Indian child under sixteen years of age required by the persons in parental relations to such child, to attend upon lawful instruction at a school or elsewhere upon which such child is entitled to attend, is lawfully re- quired to attend such school. Au Indian child between six and sixteen years of age, Avho is required by law to attend upon instruction, and is required by the persons in parental relations to such child, to attend upon laAvful instruction at a school or elsewhere, upon which such child is entitled to attend, is lawfully required to attend upon such instruction, ^nd if not required by the pei'sous in parental relation to such child to attend upon any instruction, is lawfully required to attend a school on •the reservation, upon which such child shall reside. 158 Appendix Sec. 3 Required attendance upon instruction. Every Indian child be- tween six and sixteen years of age, in proper ptiysical and mental condi- tion to attend school, shall regularly attend upon instruction at a school in which at least the common school branches of reading, spelling, writ- ing, arithmetic, English grammar and geography are taught, or upon equivalent instruction by a competent teacher elsewhere than at such school, as follows: Every Indian child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employ- ment or service, and every such child between six and fourteen years of age, shall so attend upon instruction as many days annually during the period between the first days of September and the following July as a public school of the community or district of the reservation, in which such child resides, shall be in session during the same period. If any such child shall so attend upon instruction elsewhere than at the public school, such instruction shall be at least equivalent to the instruction given to Indian children of like age at a school of the community or district in which such child resides; and such attendance shall be for at least as many hours of each day thereof, as are required of children of like age at public schools and no greater total amount of holidays and vaca- tions shall be deducted from such attendance during the period such at- tendance is required than is allowed in such public schools for children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practices of such public schools. Sec. 4 Duties of persons in parental relation to Indian Children. Any person in parental relation to an Indian child between six and six- teen years of age in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction, or shall present to the superintendent of Indian schools of the Allegany and Cattaraugus reservations proof by affidavit that he is unable to compel such child to so attend. A violation of this section shall be a misdemeanor, punish- able for the first offense by a fine not exceeding five dollars or by im- prisonment not exceeding ten days, and for each subsequent offense, by a fine not exceeding twenty-five dollars, or by imprisonment not exceed- ing thirty days, or by both such fine and imprisonment. Courts of special sessions shall, subject to removal, as provided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction In the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions. Sec. 5 Persons employing' Indian children unlawfully to be fiined.^ It shall be unlawful for any person, firm, association or corporation to employ any Indian child residing on the Cattaraugus or Allegany reserva- tions between six and fouiteen years of age, in any business or service whatever, during any part of the term during which the school in the community or district in which such child resides is in session, or to employ any Indian child residing on either of said reservations between fourteen and sixteen years of age, who does not, at the time of such em- ployment present a consent in writing signed by the superintendent of the Indian schools on said reservations to the effect that such child may be employed, and specifying the nature of the service and the duration of such service or employment; and any person, firm, association or cor- poration who shall employ any Indian child contrary to the provisions of this section shall for each offense forfeit and pay to the superintendent of Indian schools of the Allegany and Cattaraugus reservations a penalty of twenty-five dollars, the same, when paid, to be used for the support and maintenance of the schools on said reservations. Sec. 6 Teachers record of attendance. An accurate record attend- ance of all Indian children between six and sixteen years of age shall be kept by the teacher of every Indian school, showing each day, by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction such Indian child shall attend elsewhere than at the Appendix 5^59 school in the community or district of the reservation where he resides, shall keep a like record of such attendance. Such record shall at all times be open to the superintendent of Indian schools on said reserva- tions and to such persons, as he may designate as attendance officers, who may inspect or copy the same, and any such teacher shall answer all inquiries lawfully made by such superintendent or attendance officer or other persons; and a willful neglect or refusal to keep such a record or answer any such inquiry shall be a misdemeanor. Sec. 7 Attendance oflBLcers. The superintendent of the Indian schools on the Allegany and Cattaraugus reservations shall supervise the enforce- ment of this act within said reservations, and he shall appoint and may remove at pleasure such number of attendance officers as the superintend- ent of public instruction shall deem necessai-y, whose jurisdiction shaU extend over all school districts on the reservation for which they shall be appointed, and he shall prescribe their duties, not inconsistent with this act and may make rules and regulations for the performance thereof. And said superintendent is also vested with the same power and authority as the attendance officers appointed by him. Sec. 8 Arrest of truants. Any attendance officer may arrest without warrant anywhere within the state, any Indian child between six and six- teen years of age, found away from his home, and who is then a truant from instruction upon which he is lawfully required to attend within the district or districts of which such attendance officer has jurisdiction. He shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants, shall bring them before a magistrate for commitment to a truant school, as provided iu the next section. Sec. 9 Superintendent to contract for keeping of truants. The super- intendent of Indian schools on the Allegany and Cattaraugus reservations may contract with any city or district having a truant school, for the confinement, maintenance and instruction therein of any child who shall be committed to such school as a truant by any magistrate before whom such child shall have been examined upon the charge of truancy. The costs and expenses attending the support and maintenance of any truant, as herein provided shall be audited by the department of public instruc- tion and paid in the same manner as the expenses of supporting and main- taining the schools on said reservations are paid. Sec. 10 Enumeration. The superintendent of Indian school on said reservations, shall in the year nineteen hundred, and in each succeeding fifth year thereafter, make a complete enumeration of the Indian in- habitants on each of said reservations; such enumeration shaU be made between the first day of May, and the first day of August and shall be tabulated by said superintendent, and such tabulation shall show the name and age of each Indian person on said reservations, and shall show in what school district each of such persons reside. Such superintendent shall designate in such tabulation, the district in which each Indian child of school age shall be required to attend school. Sec. 11 Payment of services herein required. The superintendent of Indian schools on the Allegany and Cattaraugus reservations shall be entitled to receive the sum of three dollars per day, in addition to the salary now paid to such superintendent, for each day necessarily spent by him in enforcing the provisions of this act, and also for each day necessarily spent in making the enumeration of the reservations and tabulating the same, together with his necessary expenses while employed in enumerating and tabulating the same and in enforcing the provisions of this act. Each of the attendance officers herein provided for shall re- ceive such sum per day as shall be fixed by said superintendent of Indian schools for each day necessarily employed in enforcing this act, but the amount so expended for such attendance officers shall not exceed the sum of three hundred dollars in any one year; and each person employed by said superintendent to assist him in taking and tabulating the census of the residents of said reservations, shall be entitled to such compendia- 160 AprENDix tion as he shall contract for with said superintendent of said schools, not exceeding two dollars per day together with necessary expenses. The entire expense in taking the enumeration herein provided for, shall not exceed the sum of two hundred dollars, and shall be presented to and audited by the superintendent of public instruction, and paid in the same manner as other accounts for the support and maintenance of the schools on said reservations are now paid. Sec. 12 This act shall take effect May first, nineteen hundred. CHAP. 492, LAWS OF 1900 AN ACT to secure equal rights to oolored children in the state of New York, and to repeal section twenty-eight, article eleven, title fifteen, of chapter five hundred and fifty-six of the laws of eighteen hundred and ninety-four, entitled, " The consolidated school law " Became a law, April 18, 19O0, with the approval of the Governor, Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assemhly, do enact as follows: Section 1 No person shall be refused admission into or be excluded from any public school in the state of New Xork on account of race or color. Sec. 2 Section twenty-eight, article eleven, title fifteen of chapter five hundred and fifty-six of the laws of eighteen hundred and ninety-four, which reads as follows: "The school authorities of any city or incor- porated village the schools of which are or shall be organized under title eight of this act, or under special act, may, when they shall deem it ex- pedient, establish a separate school or separate schools for instruction of children and youth of African descent, resident therein, and over five and under twenty-one years of age; and such school or schools shall be supported in the same manner and to the same extent as the school or schools supported therein for white children and they shall be subject to the same rules and regulations, and be furnished facilities for instruction equal to those furnished to the white schools therein," is hereby repealed. Sec. 3 This act shall take effect on the first day of September, nineteen hundred. CHAP. 188, LAWS OF 1901 AN ACT to provide for the compulsory education of Indian children on the Onondaga reservation Became a law. March 25. 3901. with the approval of the Governor. Passed, three-fifths being present. The People of the State of New Yorlc, represented in Senate and Assemhly, do enact as follows: Section 1 Short title. Tliis chapter shall be known as the compulsory education law for the Onondaga Indian reservation. Sec. 2 *D€ficiencies. The term person, in parental relations to an In- dian cbild, includes the parents, guardians or other persons, whether one ♦So In the original. Appe:ndix 161 or more, lawfully having the care, custody or control of such child. An Indian child under sixteen years of age required by the persons in parental relations to such child to attend upon lawful instruction at a school or ■elsewhere upon which such child is entitled to attend, is lawfully re- quired to attend such school. An Indian child betweep six and sixteen jears of age, who is required by law to attend upon instruction, and is required by the persons in parental relations to such child, to attend upon lawful instruction at a school or elsewhere, upon which such child is entitled to attend, is lawfully required to attend upon such instruction, and if not required by the persons in parental relation to such child to attend upon any instruction,- is lawfully required to attend a school on the resei'vation, upon which such child shall reside. Sec. 3 Required attendance upon instruction. Every Indian child be- tween six and sixteen years of age, in proper physical and mental condi- tion to attend school, shall regularly attend upon instruction at a school in which at least the common school branches of reading, spelling, writ- ing, arithmetic, English grammar and geography are taught, or upon 3(iuivalent instruction by a competent teacher elsewhere than at such tscbool, as follows: Every Indian child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or •iervice, and every such child between six and fourteen years of age, shall ■50 attend upon instruction as many days annually during the period be- tween the first days of September and the following July as a public school of the community or district of the reservation, in which such child resides, shall be in session during the same period. If any such child ohall so attend upon instruction elsewhere than at the public school, such instruction shall be at least equivalent to the instruction given to Indian children of like age at a school of the community or district in which such child shall reside; and such attendance shall be for at least as many hours of each day thereof, as aie required of children of like age at public schools and no greater total amount of holidays and vacations shall be deducted from such attendance during the period such attendance is re- quired than is allowed in such pi,blic schools for children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the teiui. snail be allowed upon such (>xcuses only as would be allowed in like cases by the general rules and pr:\ctices of such public school. Sec. 4 Duties of persons in parental relation to Indian Children. Any person in parental relation to an Indian child between six and six- leen years of age in proper physical and mental condition to attend school, iil^all cause such child to so attend upon instruction, or shall present to lhe superintendent of Indian schools of the Onondaga reservation proof by affidavit that he is unable to compel such child to so attend. A viola- iion of this section shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars or by imprisonment not exceeding ten day^, and for each subsequent offense, by a fine not exceeding twenty- five dollars, or by Imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special sessions shall, subject to removal, as provided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their res]>ective jurisdictions. Sec. 5 Persons employing Indian children unlawfully to be fined. It shall be unlawful for any person, firm, association or corporation to employ any Indian child residing on the Onondaga reservation between six and fourteen years of age, in any business or service whatever, dur- inc any part of the term during which the school in the community or district in which such child resides is in session: or to employ any Indian child residing on said reservation between fourteen and sixteen j^ears of ace. who does not. at the time of such employment present a consent in writing signed by the superintendent of the Indian schools on said reservation to the effect that sucn child may be employed, and specify- ing the nature of the service and the duration of such service or employ- 11 162 Appendix ment; and any person, firm, association or corporation who shall employ any Indian child contrary to the provisions of this section shall for each offense forfeit and pay to the superintendent of Indian schools of the- Onondaga reservation a penalty of twenty-five dollars, the same, when paid, to be used for the support and maintenance of the schools on said reservation. Sec. 6 Teachers' record of attendance. An accurate record attend- ance of all Indian children between six and sixteen years of age shall b& kept by the teacher of every Indian school, showing each day, by the year, montn, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction such Indian child shall attend elsewhere than at the school In the community or district of the reservation where he resides, shall keep a like record of such attendance. Such record shall at all times be open to the superintendent of the Indian schools on said reservation and' to such persons, as he may designate as attendance officers, who may Inspect or copy the same, and any teacher shall answer all inquiries law- fully made by such superintendent or attendance officer or other persons; and a willful neglect or refusal to keep such a record or answer any such inquiry shall be a misdemeanor. Sec. 7 Attendance offi-cers. The superintendent of the Indian schools on the Onondaga reservation shall supervise the enforcement of this act within said reservation, and he shall appoint and may remove at pleasure such number of attendance officers as the superintendent of public in- Btruction shall deem necessary, whose jurisdiction shall extend over all school districts on the reservation for which they shall be appointed, and he shall prescribe their duties, not Inconsistent with this act and may make rules and regulations for the performance thereof. And said super- intendent is also vested with the same power and authority as the attend- ance officers appointed by him. Sec. 8 Arrest of truants. Any attendance officer may arrest without warrant anywhere within the state, any Indian child between six and six- teen years of age, found away from his home and who is then a truant from instruction upon which he is lawfully required to attend within the district or districts of which such attendance officer has jurisdiction. He shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants, shall bring them before a magistrate for commitment to a truant school, as provided in the next section. Sec. 9 • Superintendent to contract for keeping of truants. The super- intendent of Indian schools on the Onondaga reservation may contract with any city or district having a truant school, for the confinement, main- tenance and instruction therein of any child who shall be committed to such school as a truant by any magistrate before whom such child shall have been c^xamined upon the charge of truancy. The costs and exx>enses attending the support and maintenance of any truant, as herein provided shall be audited by the department of public instruction and paid In the same manner as the expenses of supporting and maintaining the schools on said reservation are paid. Sec. 10 Enumeration. The superintendent of Indian schools on said reservation shall in the year nineteen hundred one, and in each succeed- ing fifth year thereafter, make a complete enumeration of the Indian in- habitants on said reservation; such enumeration shall be made between the first day of May and the first day of August and shall he tabulated by said superintendent, and such tabulation shall show tlie name anci age of each Indian person on said reservation, and shall show in what school district each of such persons reside. Such superintendent shall designate in such tabulation, the district in which each Indian child of school age shaU be required to attend school. Sec. 11 Payment of services herein required. The superintendent of Indian schools on the Onondaga reservation shall be entitled to receive the sum of three dollars per day, in addition to the salary now paid to Appendix 163 such superintendent, for each day necessarily spent by him in enforcing the provisions of this act, and also for pa.ch day necessarily spent in making the enumeration of the reservation and tabulating the same, to- .gether with his necessary expenses Avhile employed in enumerating and tabulating the same and enforcing the provisions of this act. Each of the attendance offiters herein provided for shall receive such sum per ■day as shall be fixed by said superintendent of Indian schools for each •day necessarily employed tn enforcing this act, but the amount so ex- pended for such attendance officers shall not exceed the sum of three liundred dollars in any one year; and each person employed by said super- intendent to assist him in taking and tabulating the census of the resi- dents of said reservation, shall be entitled to such compensation as he shall contract for with said superintendent of said schools, not exceeding two dollars per day together with necessary expenses. The entire ex- pense in taking the enumeration herein provided for, shall not exceed the sum of two hundred dollars, and shall be presented to and audited by the superintendent of public instruction, and paid in the same manner ■as other accounts for the support and maintenance of the schools on said reservation are now paid. Sec. 12 This act shall take effect May first, nineteen hundred and one. CHAP. 201. LAWS OF 1901 AN ACT providing for fire drills in the schools of this state Became a law, March 27, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 It shall be the duty of the principal or other person in charge of every public or private school or educational institution within the «tate, having more than one hundred pupils, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be Tuition, amount of tax deducted by non-residents 78. Vacancy in board, how filled 7J> Vacancies in office of clerk, treasurer, collector, to be supplied. . 69- Vaccination, may appoint competent physician to vaccinate chil- dren 127 Visitation committee, to appoint 81 Votes, canvass of 76 Water-closets, board to provide 7{> Board of supervisors. (See also supervisor.) Commissioner districts, may divide 138. Commissioner's expenses, shall audit 25 Commissioner's salary, may increase 25 Unpaid taxes for school districts, to collect 00 Unpaid taxes, to pay to collector 60 Unpaid taxes, certificate of, county treasurer to furnish bjard with &> Bond and mortgage, sale of site, to be taken as security for 42 Bonded indebtedness, districts having, not to be divided 31, 84 Bookcase, district to vote tax for 37 Bond: Amount of treasurer's and collector's bond fixed by district 36 Collector to give 61, 62, 69 Collector's, to be filed with town clerk 61 Collector's, penalties on 64 Supervisor to give 17-18 Surety, extra required in cities and villages 82. Treasurer and collector to give , 40, 69 Bonds: Issue of 41, 71, 72-73 Notice of sale of 41, 71, 73 Proceeds of sale of, where paid 40, 71 Statement concerning, to be filed with clerk of board of super- visors 41, 73 C Canvass of votes in districts of over 300 76. Census: Biennial school census 153 Expense of 13 Indian children 110 State superintendent to determine, when not shown 14 Index 175 Census — (concluded): page State superintendent to take, to determine whether district is en- titled to employ a superintendent 80 Superintendent, to determine whether district is entitled to. .. .12, 13 Trustee, to be reported by 55 When taken 55-56 Whom to include 55-56 Certificate of apportionment of public moneys 17 Certificates. (See normal diplomas, college graduate certificates, state certificates, teachers' certificates.) Challenges: Declaration of person challenged 35, 39, 75 Illegal voting in common school districts 35 Illegal voting in districts of over 300 39, 75 Chief clerk in Department of Public Instruction, may be appointed second deputy 155 Checks to be countersigned by state superintendent 11 Cities: Apportionment of public money for superintendent 12 Apportionment, when entitled to additional 12 Board of education, how elected in union school corresponding with cities 68 Board of education, term of ofiice of, in union school correspond- ing with cities 68 Districts can not be annexed to 30-31 Money raised in, to be paid into treasury 82 Special provisions for districts over 300 do not apply to 40 Tax for school purposes levied in 70 City and village superintendents: Apportionment of public money for 12 Arbor day exercises, to have general oversight of 113 Board of education may appoint, remove, fix salaries and duties. 80 Cornell scholarship examination, to assist in holding 94 Districts employing, entitled to benefits provided in section 2... 80 City treasurer or chamberlain shaU apply for public money 15 Clerk. (See district clerk.) Code of Public Instruction: Penalty against trustee for neglect to care for 102 State superintendent to prepare 157 Trustee to care for and I'eplace if lost 102 Collection of taxes. (See taxes.) Common school districts 56-64 Railroad companies 131 Union school districts 70-73 College graduate certificates, state superintendent may grant and revoke 9 174: Index NColored children: ' ■ , ' ^^°® New York city, provisions concerning in 109 Rights, to secure equal, for 160 Special schools for, may be established lOS-109 Special schools for, how supported 109 Teachers must be qualified 109 Common schools. (See also school districts.) Inspectors of, state superintendent to appoint ^ . . 8 Meetings in. (See school meetings.) State superintendent to visit 9 Compensation. (See salary.) Comptroller: Payments of moneys to counties, may withhold 11 Warrants of state superintendent, to countersign 11 Compulsory education: Indian children on Allegany and Cattaraugus reservations 160 Indian children on Onondaga reservation 164 Law, fuU text of .^ llG-121 Subjects to be taught under 116 Condemnation: Application and limitations of proceedings 87 Proceedings for acquiring site 87 Schoolhouse, by school commissioner 27 Contingent fund: Established 13 Separate neighborhoods, money to be paid from 115 Supplementary apportionment to be paid from 13 Contracts: Board of education and teachers, between 78, 103 Conveying pupils 38 Education of pupils, between school districts for 102-103 Filed with state superintendent, copy of, for education of pupils. . 103 Misdemeanor for trustee or member of board of education to be interested in 81, 138 Quota, districts making contracts for tuition, to receive 103 Reports of trustees and boards concerning districts under 103 With other cities and districts under compulsory education law. . 120 With private institutions under compulsory education law 120 Conveyance of pupils 38 Copies of records, etc., under seal, evidence S, 98 Cornell university: State scholarships in 93-95 State superintendent a trustee of 8 Corporal punishment. (See discipline.) Use of force or violence, declared not unlawful 137 Indejx l^S PAGB Corporate authorities: Alterations, improvements, etc., to raise sums voted at special meetings for *^ Cities and villages, board of education in, to certify anticipated expenditures to ^^ Sums certified, have no power to withhold TO Tax as certified, must levy • TO Tax may be levied, in one sum or by instalments TO Costs : Actions, of school officers in, a district charge 99-100 Amount of, to be determined by county judge 100 Defendant, when not entitled to 99 County clerli: Certificate of election of school commissioners, to forward to state superintendent 24 Oath of office of commissioner, to file 24 Public money certified to 15 Trustees' reports and commissioners' abstracts to be filed with, by commissioner 29 Vacancy in office of school commissioner, to give notice of 25 County judge: Costs, to hear and determine appeal on refusal of district to vote tax for 10^ Costs, in certain cases, to determine amount of 100 Costs, in defending suits, to hear and determine actions relative to 101 Penalty, may impose 2S-29 Public money, may appoint person to distribute 18 Vacancy in office of school commissioner, may fill 25 Collector: Appointment of, to be filed with the district clerk 44 Appointment of, in union school districts 69 Bond, amount of 36 Bond, failure to give, vacates office for 44 Bond, to give 61 Bond, to be filed with town clerk 61 Bond, expense of filing a district charge Gl Bond, for disbursements of public money to give Gl-62 Bonds of, in union school districts 69 Bonds, vacates office by failure to give, in union school districts . 69 Collection of taxes, give notice of 62 Canal and pipe lines, to notify president, etc., of 62 Election, manner of 35 Failure to pay money, trustee to notify treasurer and state superintendent .• 5"* Fees of • ^3 176 ' Index Collector— (concluded): ^^gk Money to pay over, to treasurer 4& Moneys, custodian of 64 Moneys, payment of, to treasurer 6i Moneys, report of receipts and disbursements of 64 Moneys, payment of, to successor 64 Moneys, to malse up loss of - 64 Moneys on bonds, recovery of 64 Non-residents, to notify 62 Public money, to disburse 61-62 Public money, to give bond for disbursement of 61-62 Public money, not to disburse, in districts having treasurer 62 Railroad corporation, to notify ticliet agent of 62 Supervisor, to receive money from 21 Trustee not eligible to office of 4:2 Term of office 43 Taxes not collectible, to certify to trustee 5& Taxes returned to county treasurer to pay 60 Taxes, to give notice of collection of 62 Vacates office by failure to give bond 44 Vacancy supplied by appointment of trustee 44 Vacancy of, supplied in union school districts 69^ Warrant, vv^hen to be delivered to 61 County treasurer: Amount reported by supervisors, to furnisli commissioners with. 15- Bond of supervisor, shall require IT Bond of supervisor, to sue 17 Certificate of apportionment, to be furnished vs^ith 17 Fines and penalties, to credit to school moneys 20 Fines and penalties, furnish commissioners witli amount of 16 Library money, shall add unappropriated, to succeeding year ' 96 Public money certified to 15 Public money, shall apply for 15 Taxes, uncollected, trustees to certify to 59 Taxes, uncollected, to pay amount of, to collector 60 Course of study: Approved by state superintendent, to be 159 Common schools, trustees to prescribe, in 50 Union schools, board of education to prescribe, in 77 D Deaf and dumb institutions 111-112 Decision of state superintendent: Disobedience of, public money may be vpithheld for. 10 Final, not reviewable by any court 98 Declaration of voters when challenged (see voters) 35, 39, 75 Index , l^T PAGE Deficiency, district to vote tax for 37 Delaware and Hudson canal co., apportionment of valuation of 132: Deputy superintendent: Appointment and salary S OMef clerk may be appointed second deputy 155 Vacancy in office of state superintendent, to act in case of 8- Discipline: Common schools, trustees to prescribe rules for 50 Corporal punishment, when permitted 137 Union schools, board of education to prescribe rules for 77 Disorderly persons, truants proceeded against as. 120 Dissolution of school districts: Union school districts, method of procedure 84-86 Common school districts: By commissioners 31 Adjoining union school districts 84 District attorney shall report fines and penalties to boards of super- visors 20 District clerlj: Annual meeting not held, to call special meeting when 34 Appointment to fill vacancy, notice of, to be filed with 44 Bond of treasurer, trustees to file with 4!i Board of education, clerk of, how appointed 6S Board of education, clerk of, salary and duties of 68 Board of education, clerk of, vacancy in office of 09 Dissolved districts, to deposit records of in town clerk's offic3. .. 45 Election of 35 Eligibility to office of, trustee not eligible 42, Election in districts of 300, to act as 75 Election of, section 7 of title 8 relating to, not to apply to certain towns 86 Meeting of board of trustees, to attend 45 , Notice of meeting, to give 33-45 Oflicers elected, penalties for failure to report to town clerk 45 Oath to teacher, to administer 54 Poll-list in districts of over 300, to keep 39 Penalty for refusing to record names in districts of over 300 39 Persons elected or appointed to office, to notify 43, 45 Proceedings of meetings and trustees' reports, to record 45 Removal from districts, notice of to be given by commissioner. ... 33 Record names in districts of over 300, penalty for refusing to. .. . 3& Resignation, to notify trustees of 45 Records, to keep and preserve all 45 Records, penalties for failure to preserve and deliver 45 Records of board of trustees, to keep 45 12 178 Index District clerk — (concluded): pagh Records, to allow voters to inspect 46 Record names of voters, penalty for refusing to, in districts of 300 75 Record result of election, as announced by inspectors in districts of 300 76 Register, teachers to deliver to 47 Special election in districts of over 300, to call 40 Special meetings, to call 46 Separate neighborhoods, duties in 115 Trustee not eligible to office of 42 Term of office 43 Vacancy in office, how filled 44 Vacancy in office, to give notice of appointment to fill 44 District meeting. (See school meeting) , 115 District officers: Annual meeting not held, to make same report as at annual meeting 34 Length of term, when elected at special meeting >. 34 Qualifications of 43 Resignations of 45 Report, penalty for refusal to make 34 Refusal to serve, subect to fine for 44 Term of office 43 Willful neglect of duty, subject to fine for 44 District quotas: Apportionment of 13 Amount of 13 Districts entitled to 13 Districts entitled to more than one 13 District treasurer: Appointed in union school districts, how 68-69 Bond, amount of 36 Bond, vacates office by failure to give 44 Bond, to give 46 Bonds of, in union school districts 69 Compensation in union school districts 69 Election of, in common school districts 35 Election of, how determined 36 Eligibility to office 36 Money, trustee to notify treasurer and State Superintendent of treasurer's failure to pay 54 Money to be paid to 82 Money, to pay, only on drafts 82 Moneys from supervisors, to receive all, in union schools 21 Moneys, custodian of all 46 Index 170 District treasurer — (concluded): page Moneys to be paid over from all trustees to 46 Monej^s from collector, to receive 4G Moneys, tx) pay out on trustees orders 4G Public money from supervisor, to demand and receive 46 Report to trustees, to 4G Report to annual meeting, to , . , . 46 Sale of bonds, to receive proceeds of 46 Teachers' wages, to be paid money for, by supervisor 21 Trustee not eligible to office of 42 Term of office 36, 43 Vacates office by failure to give bond .44, 6& Vacancy supplied by appointment of trustee 44 Vacancy in office of, how filled in union school districts 6& Drawing: Evening schools for instruction in lOT Free instruction in to be given 106-107 E Educational qualifications: Office in common school districts 43 Office in union school districts 70 Eligibility to office: Treasurer 36 Officers in common school districts 43 Officers in union school disti-icts 70 Employment of children under compulsory education law 118 Employment of teachers. (See teachers.) Enumeration. (See census.) Estimates: Accounts and expenditures by State Superintendent 9^ Board to present estimate of expenditures to annual meeting. ... 81 Evening schools for instruction in drawing 107 Evidence, copies of, seal evidence equal with original 8, 98 Examinations: Cornell University, for state scholarship in • 94, 95 School commissioners, by 28 State certificates 9 Executive sessions, board of education may hold 81 Exemptions from taxation: Pay, bounty and pension money of soldiers and sailors and real property purchased therewith 135 Dwelling house and land owned by religious corporations 133 Real property of religious, charitable, educational corporations. . 133 Exemptions: Broolilyn not exempt from provisions of title 9 87, 88 Clerli in certain counties, in manner of election 86 180 Index Expense: ' ' page Correcting district boundaries or records, a district charge 26 Serving notice of organization of union school 66 Serving notice for organization of union school v^^hen called by two or more districts 66 Summer institutes 91 Teachers' institutes 90, 91 Extracts from penal code 137-138 P Fees. (See salary and fees.) Fines and penalties: Altering or changing entries, forgery in third degree 138 Apportioned by State Superintendent, when 20 Apportionment of 16 Boards of education and trustees for failure to close school dur- ing institute k. . 90 Books, for wilful neglect or refusal to deliver to libraries 97 Clerk, for neglecting to preserve records 45 Clerk, for neglecting to report to town clerk officers elected 45 Clerk, for refusal to record names of voters 39, 75 Code, for trustees failure to care for 102 Compulsory education law, for violation of 117-121 Contracts, for trustees being interested in 138 Counties, for the benefit of 19 County treasurer, to be paid to 20 District attorney to report 20 District clerk, for refusal to deposit records with town clerks. ... 32 District and trustee for failure to provide water closets 52, 79 District officers, for failure to report 34 District officers, for refusal to serve 44 District officers, for neglect or refusal to perform duties 44 Disturbing lawful meetings 137 Draft on supervisor in certain cases, for drawing 138 Entering building unlawfully, for 138 Entries, for altering or changing, forgery jn third degree 138 Falsification of accounts, misappropriation, etc., by public offi- cers 137-138 False statements in reference to taxes, for making 138 Fire drill law, for disobedience of 166 Illegal voting, for 35, 39, 75 Institute, against teacher for failure to attend 90 Institute, against trustee or board of education for failure to close schools during , 90 Joint districts, in 20 ^Libraries, for wilful neglect or refusal to deliver books to 97 Index ^ 181 Fines and penalties — (continued): page Meetings, for disturbing lawful 137 Misappropriation, etc., and falsification of accounts by public officers 137-138 Ministerial officers, for injury to records and misappropriation by. 137 Names of voters, of clerli for refusal to record 39, 75 . Neglect of district officers to perform duties 44 Neglect of clerk to report to town clerli names of officers elected . . 4.5 Neglect of clerk to preserve records 45 Neglect or refusal of trustee to account 55 Officers, for neglect or refusal to sue for, shall forfeit amount of . . 99 Officers, neglect of public 137 Officers, misappropriation and falsification of accounts by pub- lic 137-138 Orders, against trustees for issuing, when no money is in collec- tor's, etc., hands 51-52 Paid to county treasurers 20 Paid, to whom 29 Physiology law, for violation of lOo Prevent officers from doing duty, for attempting to 137 Publish school books or selling furniture or receive gifts, penalty for commissioner to 26 Records, against clerk for neglecting to preserve 45 Report, against district officers for failure to make 34 Report officers elected to town clerk, against clerk for neglecting to 45 Refusal to deposit records with town clerk, against district clerk for 32 Refusal to serve notice 33 Refusal by clerk to record names of voters C9, 75 Refusal of district officers to serve 44 Refusal of district officers to perform duties 44 Refusal or neglect of trustee to account 55 Resisting officers, for 137 Refusal of officers to surrender to successor 137 School commissioner for publishing text-books, selling furniture or receiving gifts 26 School commissioner, to be reported to 22 Subpoena of commissioner, for disobeying 28-29 •Sued for by supervisor , 22 Taxes, for making false statements in reference to 138 Teacher, for failure to attend institute 90 Text book law, for violating 102 Trustees and boards of education for failure to close schools dur^ ing institute 90 Trustees, for failure to care for code 102 182 Index Fines and penalties — (concluded): pagb Trustees, for being interested in contracts 13» Trustees, for paying unqualified teacher 47 Trustees, for issuing order when no money is in collector's, etc., hands 51-52 Trustee, for failure to provide water closets 52-79 Trustee, for neglect or refusal to account ,. 55 Unqualified teacher, against trustee for paying 47 Violations of the law, for other 13 "Water closets, against trustees and district for failure to pro- vide 52-79 Fire drill, laws requiring 163 Fire escapes, trustees and boards of education to provide 52, 80 Fires, trustees to provide for building 53 Flag to be displayed on school grounds 153 Forest preserve, assessment and taxation of land in 128 Free text books, power of union school districts to vote 74 Fuel: Board of education to provide 78 District to furnish 36 Furniture: Board of education to provide 77, 78 District to furnish 36 Insured, to be kept 37, 77 G General powers: Board of education, of 77 Trustees in common school districts 48 Gifts: Board may hold for use of districts 78 Competeut trustee, not invalid for want of 18 Legislature, to control exclusively 19 Local boards of normal schools may hold 148 Real and personal estate for use of common schools 18 State Superintendent to supervise 19 Trustees to render accounting to State Superintendent 19 Globes: Trustees may purchase 53 Tax for, district to vote 36 Gospel and school lots: Sold under certain conditions 152 State Superintendent to report in regard to 19 Supervisor to report to State Superintendent 19 Trustees of, supervisors made 20, 21 Gospel fund to be apportioned by supervisors 152 Graduates of normal schools. (See normal school diplomas.) Index 183 JJ PAGB Health and decency acts 52, 79 High school. (See academical department.) Holidays: Defined 135 Part of school term 13 I Incorporated villages: Districts cannot be annexed to 30 Election of board of education, method of 68 Moneys raised in, to be paid into treasury 82 Organization of union school in, manner of giving notice of 65 Provisions in districts of over 300 do not apply 40 Tax for school purposes levied in 70 Term of office of board of education in union school districts corresponding with 68 Indebtedness. (See bonded indebtedness.) Indians: Census, not included in 56 Compulsory education of, on reservations 160-164 Normal schools, may be appointed to 145 Indians, education of: Apportionment of public money for 13, 111 Appropriation for H*^ Compulsory on reservations • 160-164 Enumeration of children to be talien 110 Expenditures, vouchers and receipts to be filed with State Superin- tendent 1^^ Protection to Indians to lands 116 Public money, children entitled to draw HO Reports of superintendents of Indian schools. State Superin- tendent to require HI State Superintendent to report concerning HI Superintendent of Indian schools. State Superintendent to employ, 110 Industrial training 108 Inspectors: Common school. State Superintendent may appoint 8 Compulsory education law 121 Training class ^3 Inspectors of election: Canvass vote ^^ Common school districts 35 Districts of over 300 39, 75 Institutes. (See teachers institute, summer institute.) 184: Index Tiistitute conductors: page S-tate Superintendent to appoint 8S Insurance: Normal school property 145 Schoolhouse, apparatus, etc., board of education to insure 77 School property, district to authorize trustee to insure 37 School property, trustee to insure 49 J Janitor: Trustee to provide 53 Joint districts. (See school districts.) Judge. (See county judge.) Judgment for teachers wages, how satisfied 37 E Kindergarten: Attendance of children under five to be reported for distribution of public money 108 Laws concerning 107, 108 ■ Public money, pupils entitled to share in 10 li Laws repealed — 113, 121 liibrarian: Books, shall be responsible for safety and proper care of 96 Report when required '. 9G Teacher to be 90 Trustee not eligible 42 Union school district, board of education to appoint 78 Libraries: Apportionment of public money for 13, IG, 90 Books, shall consist of what .95-90 Dictionaries, etc., board of education may retain, when 97 Distribution of money, districts and cities which participate in . . . 90 Free public library, board of education may transfer to 90-97 Grifts, may be received for 90 Insured, board of education to keep 77 Law, all existing provisions applicable 90 Librarian, teacher shall be appointed 90 Librarian, board of education to appoint 78 Money for, apportioned by school commissioner 15 Moneys, apportionment and expenditure of 95 Moneys, to be paid by supervisor 21 Persons having books in possession to deliver to proper authori- ties 9T Index 185 Libraries — (concluded): ' page. Public circulating library, shall not be used as a 96 Public libraries may take books of district libraries 97 Public money may be withheld from district or city using library money for other purposes 97 Public not entitled to use of school library 97 Release of school authorities concerning 97 -. Refusal to deliver books, penalty for 97 School building, to be kept in 90 State teachers library 155-156 Tax to be raised for 96 Tax for, district to vote 36 Transferred to trustees for circulation, may be 97 Loans: Charge upon counties 1^ State Superintendent and State Treasurer may borrow money when counties fail to pay ,11-12 M Maps, district to vote tax for 36 Meetings. (See school meeting.) Miscellaneous provisions 99, 114 Moneys lost: Shall be replaced 90 Tax to replace, district to vote 37 Which might have been collected 64 IT Natural history: Free instruction In ^ 13S-130 New York state asylum for idiots. State Superintendent a trus- tee 8- Non-residents, may be admitted to: Common schools 47 Union schools 78' Normal schools: Act establishing 139-143 Appointment of Indians to 145 Custody and preservation of 144 Drawing, shall give free instruction in 106 Industrial training in 10& Insurance on • 146 Money, etc., for benefit of, local boards to accept 146 Public money not to be paid to, until affidavit is made by prin- cipal concerning teaching of physiology and hygiene 106 Supervision of, by State Superintendent & 186 Index Kormal schools — (concluded): page Tuition money in, how used 146 Vocal music, shall give free instruction in 107 Normal school diplomas: Annulment of 10. 28 Annulments of, State Superintendent to note 10 Issuance of 144 Indorse, from other states, State Superintendent may 9 List of, State Superintendent to keep ' 10 Qualifies to teach 47, 144 O Oaths. (See affidavits.) School commissioner, of office of 24 Orphan schools 1Q8 P Penal code, extracts from 136-137 Pensions for teachers who have taught 25 years 154r-155 Physiology and hygiene: Instruction in, provision to be made for 51, 77, 104 Normal schools, teachers training classes, teachers institutes, to be taught in 105 Teachers to be examined in 28, 105 Teaching of, law concerning 104-106 Pictorial instruction 139-140, 154 Poll-list: Common school districts, to be kept in 35, 39, 75 Voters must correspond in number with 76 President of board of education, election of 68 Public health law 127 Public money. (See school money.) Pupils: Admission of, board of education to regulate 77 Non-resident: Admitted to school, may be 47, 48 Exempt from tuition to amount of tax paid by parents or guardians 78 Tuition of, board of education may regulate 78 School fees to 47 Q Qualifications of voters: Call for organizing union school, to be included in 65 School districts, in 34. 69 Oualifications for district officers 43, 70 Treasurer 36, 68 Index 18T B PAGE Railroads, apportioning valuation of 131 Railroad companies, collection of taxes 131 Receipts, countersigned by State Superintendent 11 Regents: Academic departments regulated and visited by 83 Permission to collect boolis, etc., given by 97 School libraries accepted from boards of education for free public library by 96-97 Superintendent ex officio, a regent 8 Registers. (See school registers.) Relationship of teacher to trustee 50, 79 Removal of officers: Commissioner or other school officer removable by superintendent, 10 Member of board of education removable by board 79 Member of board of education removable by superintendent 83 Reports : Annual report of superintendent 9 Concerning districts under contract 103 Licenses annulled by commissioner 28 Regarding gospiel and school lots 19 Regarding money ia hands of superintendent of poor 19 Required by superintendent 10 School commissioner to superintendent 29 Superintendent prepares blanlis, forms, etc., for 10 Supervisor reports balance of sale to commissioner 31 Treasurer 4G, 82 Trustees 53, 81 Trusts reported to superintendent 19 Visiting committee of board of education 81 Request for meeting to organize union school G5 Resignation of district officers 45 Revocation of certificates. (See annulment of certificates.) S Salary and fees: Assistants (inspectors) under compulsory education la-w 121 Collector 63 City and village superintendents, hovf determined 80 Compensation of treasurer in union school districts 69 Deputy superintendent 8 Employees S Expenses of town clerk 23 Inspectors of common schools 8 Issuing commissioner's subpoena 28 School commissioner, increase of -. 25 J 88 Index Salary and fees — (concluded): page School commissioner, how apportioned 12 State Superintendent 8 Supervisor and town clerk in cases of district alterations bO Supervisor for equalizing assessments , . 58 Town clerk for filing collector's bond Gl : Saving clause 113 School age: Apportioning public money 16 Census 55, 56 Enforcement of compulsory education law 110, 117, IGO, 164 Free tuition "... 47 Indian children 110 Kindergarten pupils 16 Licensing teachers 28, 47 School apparatus. (See apparatus.) School commissioner districts 24 Cities not included in 24 Divided and changed 24 Divided by board of supervisors 138 •'School commissioners: Act for another 25 Acts may be appealed from ' 98 Alter boundaries of union free school districts. 30 Alter school districts when trustee consents 30 Alter school districts when trustee refuses to consent SO Amount which commissioner may order expended for repairs. ... 27 Amount which commissioner may order expended for new furni- ture 27 -Annul certificates and report to superintendent 28 Apportion money collected by supervisor ' 31 Apportion public money l"i-17 - Approve plans of schoolhouses 40 Approve plans for ventilation, etc., of schoolhouses in union dis- tricts 77 -Approve proceedings for dissolving union school districts 85 Approve tax for schoolhouses 40 Certificate of election forwarded superintendent hj county clerks. 24 Commissioner's expense for institute, how paid CO-01 Correct defective records of boundaries 20 Describe and number school districts 29 Designate number of union school districts 67 Direct trustees to make alterations and repairs of bu'M'ngs 2G Dissolve districts adjoining union school districts uij.ui consi-'ut of trustees 30 .'Divide dissolved districts into original districts . 85 Index 189 Scbool commissioners— (continued): page Divide territory into school districts 29 Duties relative to institutes 89 Duties relative to training classes 93 Election of 24 Examine charges against teachers 28 Examine teachers and grant certificates 28 Expenses paid by board of supervisors 25 File decision in alteration proceedings vpith town clerk 30 File description of school districts with town clerk 23 File duplicate order with town clerk 32 File order altering districts with town clerk when trustee re- fuses to consent 30 Full authority given in districts under special acts 32 - Oeneral duties 28 ■Give consent to change of site 42 Give notice of hearing on district alterations 30 Give notice of first meeting : . 32 Give notice of meeting before time fixed 33 Give notice of special meeting 33 Have general oversight of Arbor Day exercises 113 Hear arguments and decide regarding alterations of school dis- tricts 30 Help form and alter adjoining districts 29 Hold Cornell scholarship examination 94 Inquire into school district boundaries 20 Make recommendations to teachers and trustees 2G May accept resignation of district officers 45 May alter boundaries of union districts 84 May annex adjoining districts to union disti-icts 84 May appoint trustee to fill vacancy, when 44 May condemn schoolhouse 27 May call special election in districts of over 300, when 40 May call meeting to decide whether district shall be dissolved. ... 31 May dissolve school districts 31 May direct repairs to school furniture 27 May direct new furniture to be bought 27 May direct trustees to abate nuisance 27 May dissolve common school districts adjoining union school dis- . tricts 84 May form new districts 31 May form, alter or dissolve joint districts 31 May make approval of dissolution conditional S5 May order district clerk to deposit records with town clerk 32 May take aflldavits 28 May require attendance of other commissioners 31 190 Index School commissioners — (concluded): page May require use of school buildings 2Q May remove attendance oflBcers 110 May receive gifts for use of common schools 18 Minutes of meeting organizing union school to be filed with 68 Money apportioned for salary of 12 Must file with superintendent copy condemning schoolhouse 27 Must state amount necessary for new building 27 Not eligible to office of trustee 42 Notify teachers and trustees of time and place of teachers insti- tutes 88-89 Obtain from treasurer report of supervisors relative to money on hand 21 Office continued 24 Power to issue subpoenas 28 Removed by superintendent 10 Report annulment of certificates to superintendent 28 Resignation and vacating office 25 Right to hold institute in school building 89 Salary 25 Salary withheld by superintendent 25 Set off separate neighborhoods, when 114 Shall call special election in district of 300, when 76 Shall carry unapportioned library money to succeeding year 96 Shall certify to provisions of physiology law 105 Shall file abstracts and reports with county clerk 29 Shall make good losses of moneys 99 Shall not receive gift for influence 26 Shall procure trustees' reports from town clerks 29 Shall not be interested in publishing school books or selling school furniture 26 Shall report to superintendent , 29 Superintendent may revoke licenses issued by 10 Take testimony in case of appeal 28 Term and oath of office 24 Vacancy in office, how filled 25 Visit schools, inquire into course of study, condition of buildings, libraries, etc 26 School districts: Adjoining union, school districts, may be dissolved 30 Can not be divided when having bonded indebtedness.. 31, 84 Description filed with town clerk 29 Dissolution of common school districts adjoining union school districts 84 Entitled to quota when contracting for education of pupils. .. .102-1C3 Exist for purpose of finishing business. , 32 Index 191 School districts — (concluded): pagh Formed by commissioner 29 Joint districts, how formed, altered and dissolved 29, 31 May be dissolved by school commissioner 31 May contract with adjoining districts for education of pupils. ... 103 May dissolve and annex to union school districts when trustees consent 84 Notice of first meeting 32 Organization of new districts 32 Proceeds of sale to be apportioned among inhabitants 31 Supervisor to sue for money due , 31 Under special acts not subject to provisions of districts of over 300 40 When consolidated, rights of property 31 When dissolved, a portion may be annexed to existing district. ,. 31 When parted into portions, schoolhouses to be sold by supervisor. 31 Schoolhouse: Board of education to purchase or hire 77 Board of education to insure 77 Board of education to have possession of 78 Furnished with fuel, etc 36 Hire, purchase, etc 36 Issue of bonds to purchase 71 Keep in repair 36 Manner of voting tax in union schools other than city and vil- lage 71-72 May be condemned by school commissioner 27 Not subect to taxation 78 Plans approved by commissioner 41 Plans for ventilation, etc., approved by school commissioner 77 Power to borrow money to pay for 71 Shall not stand on town line 40 Special meeting to consider 27 Special notice necessary to vote tax for school buildings, etc.... 72 Special notice required before voting tax for 70 Tax for, approved by commissioner 40 Tax for, not valid 41 Title already vested in board 78 Use of granted to school commissioner 29 Use of for teachers institute .- 89) Use for other purposes 54 A'cte to raise money for, how rescinded 71 Schoolhouse sites: Board of education of Broolilyn power over 88 Board of education to purchase 77 Described by metes and bounds .36, 72 193 Indbx Schoolhouso sites — (concludod): page Dood to l»o execiitod by board 78 Designated by special meeting in common districts 30 How jioquired wlien owners not willing to sell SI Issue of tKjnds to purchase 77 Ijjinds wlui'h cannot be taken by condemnation S7 Ivcased. etc 30 Manner of raising tax for union schools other than city ami vil- lages 71-7:: May be sold by board when authorized by vote of district 7S May be exchanged for other sites 78 Money received for old site to be applied towards new 42 Not subject to taxation 78 Power to borrow money to pay for 71 Sale of former site 42 Site of, how changed 41 Special notice required before voting tax for 70-72 Title ali"eady vested in board 78 Title to be vested in board of education in cities of loss than SO.lXH) 87 A'ote, how taken 30. 72 Vote to raise money for, how rescinded 71 ANiih consent of commissioner, meeting may designate sites for two or moiv schoolhouscs 30 School law: Superintendent to cause school laws to be printed and distrib- uted 113 School meeting: Acts may be appealed from 98 Adjournment for not more than 10 days ; .00-67 Adjourns So Amount of collectors' and treasurers' bonds fixed by 30 Annual meeting may prescribe method of giving notice of special meeting 33 Annual meeting, when held 33. 38 Authorizes district trustee to employ relative 50 Ballot boxes in districts of over 300 7o-70 Called to decide if district shall be dissolved or altered 31 Cannot reduce commissioner's estimate, etc 27 Canvass of votes and declaration of results in districts of over 300 'i^' Chairman and clerk appointed by S5 Challenge of voters in districts of over 300 75 (Clerk keeps poll-list in districts of over 300 75 Commissioner's estimate for expenses of building increased by. .. 27 Commissioner to give notice of new districts ...* S2 Indbx lOo School meeting — (continued): page Couvcuos at what time 33, 38 Date of holding, in districts of over 300, other than in city or village '<4 Designates text-books 1^ Designates schoolhouse site, at special meeting 36 Declaration of voters in districts of over 300 75 Determines whether a treasurer shall be elected 36 Determines material, size, etc., of schoolhouse.'..... 27 Direct sale of former site and building 42 District treasurer to report to 46 Disputes concerning election (to be referred to superintendeut in districts of over 300) 76 Disposition of proceeds of sale of site directed by 42 Form of ballots in districts of over 300 76 Held in dissolved union school districts 86 Held in principal schoolhouse 33, 38 Held in dissolved districts, when 32 Held in separate neighborhoods • 114 Hours for holding election in districts of over 300 74^75 Illegal vote in districts for over 300, penalty 75 Inspectors of election appointed by 35 Insurance of school property authorized by 37 Manner of changing text-books 1^2 May vote to elect officers on Wednesday following in districts of 300 '^4 Meeting may adopt resolution to form union school 67 Method of procedure to dissolve union school districts 84-86 Notice, how given for separate neighborhood meetings 114 Notice of election in districts of 300 75 Notice, how given in districts of over 300 38 Number of votes necessary to organize meeting for forming union school Number of trustees increased or reduced by 43 Number of trustees determined by ^^ Officers elected by "^^ Penalty for illegal voting in districts of over 300 7o Powers of, in common school districts 35 'Proceedings altered by proceedings, when annual meeting not held 34 Proceedings not illegal for want of due notice in organizing union school Proceedings for forming union school 66 Provisions concerning districts of over 300 not to apply to cer^ tain counties • • Raisiog of money by Installments determined 41 School commissioner and superintendent to order special 'election. 76 13 194 Index School meeting — (concluded): page Special meeting to consider building schoolhouse 27 Special meeting to dissolve union school districts 84 Special election to be called by board when annual election not held in districts of over 300 76 Superintendent may order new election in districts of over 300. ... 76 Superintendent may call special meeting . . ^ 34 Trustee calls special meeting when annual meeting not called .... 34 Union school in two or more districts organized by 66 Votes tax for purchase, etc 36 Votes tax for hiring and purchasing rooms, buildings, etc 36 Votes tax for fuel 36 Votes tax for purchase of globes, maps, etc 36 Votes tax for purchase of text-books for poor children 36 Votes tax for library 36 Votes tax for deficiencies 37 Votes tax for record book 37 Votes tax to replace moneys lost or embezzled 37 Votes tax for defending suits 37 Votes tax for teachers' wages 37 Votes tax to satisfy judgment 37 Votes tax for conveying pupils 38 Vote on tax propositions, how taken 38 Vote on change of site 42 Vote to raise money in union school districts, how rescinded 72 When vote to levy tax may be reconsidered 41 School moneys: Account thereof to be rendered annually by treasurer in union schools 82 Amount reported by supervisors to be added 15, 16 Apportioned separate neighborhoods , 115 Apportioned for Indian schools Ill Apportioned to orphan schools 109 Apportioned for kindergarten pupils 108 Apportioned to cities and villages to be paid into treasury and kept distinct from other funds 82 Apportioned from library fund, how applied in union schools .... 82 Apportionment of, by commissioners 15-18 Apportionment of, by superintendent 12-15 Can not be paid unqualified teachers 47 Drawn from treasurer only on resolution of board in union schools 82 Drafts for money to be paid by president and countersigned by secretary or clerk in union schools 82 Drafts to name person payable to and purpose for in union gcbOOlB 82 Index 195 School moneys- (couclucied); • page Erroneous apportionments 14 15 For forfeiture of, by reason of neglect 90-101 Gifts may be received for library money 96 How drawn from treasurer 11 Indian cbildren to draw 110 Li£»rary money, how apportioned 95-96 Library money may be raised by tax 96 Loss of 99, 100 May be withheld when library money used for other purposes.. 97 Paid only on resolution of board 82 Paid to treasurer in union schools. . . . .' 82 Paid into the state treasury 11 Public money on hand first Tuesday of March to be reported by supervisor 21 Public money not to be paid by supervisor after first Tuesday in March 21 Paid into the state treasury 11 Raised by tax 11 State school moneys defined 12 Supplementary apportionment of 15 Superintendent may withhold from districts for cause 10 Superintendent may withhold for failure to enforce compulsory education law 121 Transfer from one depository to another 11 Treasurer and superintendent may borrow ] 1-12 When paid for unlicensed teachers' wages 14 When superintendent may claim money erroneously apportioned. . 14 When deducted from next apportionment 14 When payable to counties -. 15 When apportioned to common schools, how applied by union schools 82 Who shall disburse when supervisor refuses 15, 16 Withheld for failure to comply with physiology law 105-106 School officers: Qualifications of 43, 70 Superintendent may remove 10 Term of office of 40, 43 School registers: Affidavits by teachers to correctness of 54 Superintendent to prepare 10 Teachers to l^eep record in 54 School term, length of 13.- 50 Seal of superintendent 8 Separate neighborhoods 114-116 196 Index Special acta: page Act for the encouragemeBt of common school and public libra- ries c 155-156 Additional compensation to teachers who have taught 25 years . 154-155 Biennial school census 153 ciompulsory education of Indian children on Allegany and Cat- taraugus reservations 157-160 Compulsory edvication of Indian children on the Onondaga reser- vation .■ .160-163 Display of United States flag 151 EJncourage and promote professional training of teachers .... 156-157 Fire drills 163 Gospel and school lots 152 Pictorial instruction in cities and villages 152 Rebuild Fredonia normal school 163, 167 Secure equal rights of colored children 160 Uniform tax in towns of St. Lawrence county 164^165 Sites. (See schoolhouse sites.) Special meetings. (See school rheetings.) State certificates: Annulled 10, 28 , Indorsed by superintendent when issued by other states 9 Law, granting of 9 List kept by superintendent. 10 State scholarship in Cornell, university 93, 95 State treasurer 6 Condition of free school fund reported to superintendent. 11 Money deposited with 11 Temporary loan made in connection with superintendent 12 Subjects taught under compulsory education law 116 Subpoenas by commissioners 28 Suits: Against and by district officers 99--100 District pays expense of 37 Expense of serving notice for formation of union free schools sued for 66 'Plaintiff not entitled to C(,Bt 99 Supervisors compel trustees to replace lost code 102 Supervisors sue for fines and penalties 22 Supervisors sue for money due from school officers 31 Summer institutes 91 Superintendent. (See city and village superintendents.) • Superintendent of public instruction: Academies and schools to instruct teachers training classes desig- nated by • 92 Affidavits taken by 10 Index 197 Superintendent of public Instruction — (continued): page Alphabetical list of persons receiving certificates and normal di- plomas kept by 10 Amendment of tax list approved by 63 Annual report 9 Annulments noted by 10 Appeals to 98 Appeal to concerning physiology law 106 Arbor day, duties relative to 113 Assistants under compulsory education law appointed 121 Biennial school census caused to be taken 153 Blank forms of affidavit regarding physiology law provided by. . 106 Board of education to report when required 83 Board of education supervised by 83 Certificates, etc., annulled by 10 Certificates of qualification to teach granted by 9 Check and receipts countersigned by 11 Chief clerk and second deputy appointed by 155 Clerks appointed by 8 College graduate certificates issued by 9 Common schools visited by 9 Contracts with American museum of natural history 139 Copies of proceedings of dissolved union schools filed with 80 Cornell scholarship examination, duties relative to 94, 95 Date of election 8 Diplomas from other states indorsed by 9 Dispute in regard to ordinary contingent expense in union schools settled by 81 District libraries, duties relative to 95, 96 Districts failing to comply with physiology law included in re- port ' 106 Duties concerning deaf, dumb and blind insfitutions Ill, 112 Education of Indian children provided by 8, 110 Examiners, etc., for state certificates, appointed by 9 Ex officio, regent of university 8 Ex officio, trustee New York state asylum for idiots 8 Ex officio, trustee Cornell university 8 Fines and penalties apportioned by 20 Formation separate neighborhoods, approved by 114 Free pictorial instruction, etc., in cities and villages provided by. 152 Gifts for common schools supervised by 19 Gifts for use in common schools received by 18 How elected 7 Indian children permitted to enter public schools 47 Instructors in vocal music iii teachers institutes provided by.... 107 Members of board removed by 83 198 Index Superintendent of public instruction — (concluded): rxam Meeting for organizing union school in two or more districts ordered by 66 Minutes of meeting organizing union school to be filed with 68 Normal schools, duties relative to .139-147 OflSce, where situated 8 Payment of tuition for Indians in normal schools ordered by. . . . 145 Payment of commissioner's salary, withheld by 25 Persons to visit common schools, appointed by 8 Pictorial instruction furnished by 139 Program for salute to flag prepared by 151 Public money apportioned to districts for institute week, whca. . 90 Public money apportioned to separate neighborhoods by 115 Public money withheld for failure to comply with compulsory education law 121 Public money apportioned, when 12 Registers, blanlis, forms and regulations for making reports, etc., prepared by 10 Reports required by 10 Reports from officers, relative to gospel funds, etc 19 Salary , 8 School commissioner removed by 10 School commissioner instructed relative to reports by trustees in districts under contract .> 103 School laws prepared and distributed by 113 Share of public money withheld 10 Special election in districts over 300, called by 40 Special meeting when annual meeting not held ordered hy 34 Special meeting for forming union school district authorized by. . 65 Special meeting in districts of over 300, called, when 76 Summer institutes appointed by 91 Supervision of normal schools by 8 Teachers institutes 88 Temporary licenses issued by 10 Term of office 7 Training classes, duties relative to 92, 93 Union schools visited by 83 Vacancy in office, how filled 8 Withhold public money to enforce decision 10 Superintendent's reports: » Districts failing to comply with physiology law included in 106 Extra copies to be printed 140, 141 Statement of gospel fund and money in hands of overseer of poor 19 To legislature * 9 INDBX 199 Supervisor: pagh Account to be furnished superintendent by town clerk 23 Act in erecting or altering scliool districts 22 Acts may be appealed from 98 Assessments between districts lying in two or more towns 57-58 Amount of penalty ot bond 17 Balance reported to school commissioner SI Certificate of apportionment received 17 Charged with duties formerly vested in trustees of gospel and school lots 20, 21 Charged with duties imposed upon commissioners of common schools 21 Commissioner's salary increased by board of 25 Commissioner's expenses audited by board of 25 Commissioner's certificates copied and filed with town clerk.... 17 County treasurer may sue bond 17 Duties relative to public moneys 21, 22 Fines and penalties sued for 22 Furnish bond 17 Gifts for use in common schools received 18 Money in hands of overseer of poor reported 19 Money due from school officers sued for 31 Money on hand reported to county treasurers 15 Not eligible to office of trustee 42 Notice of sale of schoolhouse given by 31 Pay allowed in alteration proceedings 30 Penalty for refusal to give bond 18 Proceeds divided among taxable inhabitants 31 Receive pay for service 58 Removal of warrants approved by 63 Report fines and penalties collected, to commissioner 22 Sell schoolhouse and apply proceeds when district is dissolved. . 31 Sit with commissioner and town clerk in alteration proceedings. . 30 Successor to give bond 18 Supervisor from adjoining town when unable to agree on equaliza- tion, summoned by 58 Treasurer to demand money of 46 Trustee to notify treasurer and superintendent when supervisors fail to pay money 54 Trustee sued for penalty for refusing to replace lost edition of code 102 Trusts and gospel and school lots reported to superintendent 19 Unexpended balances recharged 16 When to receive public money 17 Supplementary apportionment of school moneys 15 200 Indhx T Tax: 1 PAGK Against persons working land on shares 58 Against persons lidding land under contract 58 Against non-residents having agents, etc., on land 58 Against tenant for purchasing site, schoolhouse, etc., to be paid by owner 58 Against banks and banking associations 129 Against incorporated companies 59 A.pportionment of valuation of Delaware and Hudson canal company 132 Assessment of and tax list 56 Assessment of lands in forest preserve 128 Assessing valuation of railroads, etc 131 Bank stock 57 Board of education to levy Ib union schools other than city and village 72 Board may levy tax without vote 81 Certificate and transmission of returned unpaid taxes to county treasurer 59 Collection of taxes against railroads 131 Collection in installments for schoolhouse ^ 41 Costs in defending suits levied in certain cases 100-101 Establishment and maintenance of industrial training 108 Exemption of certain persons from taxation for schoolhouse 58-59 Forest preserve lands assessed for building schoolhouses, when, . 129 Heading of tax list 56 How levied in incorporated villages and cities 70 How raised in union schools other than city and village 71 How collected against banks and banking associations 130 How vote shall be taken in common districts 38 L#and in forest preserve 128 Land exempt from taxation 128, 133 Levy on counties to pay loans 12 Manner of voting tax in union schools other than city and village. 72 May be raised in installments 70, 72 Meeting may vote on items separately 81 Proceedings for collecting unpaid taxes by board of supervisors. 60 Property of soldiers and sailors exempt from execution 134 Property purchased with proceeds of pensions subject to taxation 134 Purchase of free text books in union schools 74 Purposes for which taxes may be voted. (See district meetings.) Return of unpaid taxes by collector 59 Special notice must be given for meeting voting tax for school- houses or sites 70, ' 72 Support of schools (public money) 11 IKDBX 201 Tax — (concluded): page Taxes, how apportioned and assessed 5G Taxes on land lying in one body, etc 56 Taxes on non-resident land 57-59 Taxes on personal property 57 Tax list, liow corrected 63 Taxes on land in forest preserve, how paid 129 Trustee may sue for taxes 63 Uncollectible taxes, disti'ict to vote to supply deficiency 37 Uniform in towns of St. Lawrence county 164-165 Unpaid taxes paid to county treasurer 60 Warrant for collection of taxes 61 Warrajit for collection executed in other towns 63 When warrant shall be delivered to collector 61 Taxation, exemptions from 132 Teachers: Additional compensation, having taught 25 years 154-155 All facts required by superintendent recorded 54 Attendance at institute 89-90 Attendance of pupils kept in I'egister 54 Can not be paid unless qualified 47 Eligible to teach in grammar departments of cities 156-157 Employment of 49-50 Examination of in physiology and hygiene 28, 105 Kindergarten teachers licensed 107 Make oath to register 54 Not paid until register verified 54 Notified by commissioner of time and place of institute 89 Paid once a month 104 Qualified teacher defined 47 Quotas paid for qualified teachers 13 Record of attendance under compulsory law 118 Register delivered to clerk of district 47 Removed for cause 79 Responsible for record kept 47 Summer institutes free to 91 Visit of school commissioner and other visitors recorded 54 Wages of unqualified teachers not collectible by tax 47 When unlicensed teacher may be paid 14 Written contracts given 103-104 Teachers' certificates. (See normal diplomas, state certificates, annul- ment of certificate, college graduate certificate.) Age at which certificates may be granted 28, 47 G-ranted by school commissioner 28 Granted by commissioners in disfet-icts under special acts 32 Not granted unless examination passed in physiology and hy- giene ••••••-■•.••••••••••• .......>. 2S, 105 202 Indbjx Teachers' certificates — (concluded): ^-*-°^ May be annulled by school commissioner 28 Superintendent may grant and revoke 9 Superintendent's certificate conclusive evidence of qualification . . 9 Temporary licenses 1^ What constitutes valid certificates 47 Teachers institute: Attendance at, counted part of school term 13 Deficiency not exceeding three weeks excused 13 Expense of holding, how paid 90-91 Instruction in vocal music may be given at 107 Law concerning 8S-91 Teachers licenses. (See teachers certificates.) Teachers training classes: Law concerning 92-93 Teachers' wages 1* Payable monthly 50, 79, 104 Tax for 37, 73 Temporary licenses 10 Term of office: Board of education in union schools 67 Board of education in cities and villages 68 District treasurer 36, 43 Officers elected at special election in districts of over 300 40 Officers elected in common school districts 43 School commissioner 24 State superintendent 7 Term. (See school term.) Text-books: Adoption of • 101-102 Board of education to furnish in certain cases 77 Board of education to prescribe 77 District to furnish to poor children 36 Local school authorities to provide facilities (including text-books) for carrying out provisions of physiology law 104 Requirements regarding text-books to comply with physiology law .■ 105 Town auditing board: Supervisors accounts laid before 22 Town board: Attendance officers appointed by 118-119 Town clerk: Description and number of districts filed with 29 Fee for filing collector's bond 61 General duties of 22-23 Index 203 Town clerk — (concluded): page Loss of moneys made good by 99 Minutes of meeting organizing union school to be filed with 68 Order of commissioner deposited with 32 Pay allowed for sitting in alteration proceedings 30 Records of dissolved districts to be deposited with 32 Receive and file tax list and warrant 64 Sit with supervisor and commissioner in alteration proceedings. . 30 Trustee to file collector's bond with . ^ 61 Training schools I59 Treasurer. (See district, county and city treasurer.) l^ruants : Arrest of, under compulsory education law 119 Truant schools, how established and maintained 119-120 Trusts. (See gifts.) Trustees. (See also board of education.) Account of all money received, etc., kept by 54 Act as inspector in districts of over 300 39 Acts may be appealed from 98 Afladavit relative to physiology law made by 105 Annual report to district meeting made by 54 Annual report made to commissioner 55 Appoint competent physician to vaccinate children 127 Attendance of children reported by 55 Balance of teachers' wages collected by tax 51-52 Balance of money to successor 54 Ballot box in common school districts provided by 35 Board to meet upon notice 48 Bodies corporate 48 Bond filed with district clerk 46 Blank book for accounts and records provided by 53 Branch schools established by 53 Building fires and janitor work provided for 53 Can not hire for more than one year in advance 50 Can not hire for less than ten weeks 50 Children residing in district June 30 reported by 55 Collector's bond required and approved by 61 Collector's bond filed with town clerk 61 Collector credited with taxes returned unpaid 59 Conclusion of two valid 48 Consent to alteration of school districts 30 Consent to dissolution of district adjoining union school 30 Continue in office to settle unfinished business 32 Contract for building schoolhouse if no tax is voted 27 Course of study prescribed by 50 204 Indbx Trustees — (continued) : page Custody of selioolhouses, etc., held by 49 " Custody of code of public instruction held by 102 Deed for sale of former site executed by 42 Dictionary, maps, globes, etc., purchased by 53 District may authorize trustee to insure property 37 Divided into three classes 67 Duties relative to institutes 89-90 Election of, in common school districts 35 Existing trustee's office vacated 67 Former trustees sued for moneys 55 Fuel, etc., provided by , 53 Furniture, etc., kept In repair 49 Gifts for use in common schools received by 8 How elected in common school districts 35 Itemized heading prefixed to tax list 56 Lands, schoolhouse, etc., purchased by ^ 49 Levy tax for building schoolhouse, etc 27 Levy tax for teachers' vpages vpithout vote in common school districts 37 Levy tax to pay judgment for teachers' wages without vote.... 37 Levy tax for costs when directed by county judge 101 List of movable property belonging to the district made by 54 Make out and annex warrant to tax list 49 Make repairs and abate nuisances 53 Manner of levying tax list by. (See taxes.) Manner of election of in cities and villages 68 Meeting called by any member. 48 Minutes of board evidence of notice 48 Must make good loss of money 99 Must not be interested in contracts 137 Must be voter and able to read and write 43 Not eligible to office of clerk, collector, treasurer or librarian .... 42 Notice of special annual and adjourned meetings given by. 49 Notice in other than village districts, how given 65 Notice of meeting for organizing union school in two or more districts 66 Number of days school is kept reported by 55 Number of children vaccinated and unvaccinated reported by. ... 55 Number to be elected at subsequent meetings 67 Number of, in union school districts 67 Order to pay teacher cannot be drawn unless register is verified- 54 Order cannot be given unless money on hand .51, 52 Orders signed by majority of trustees 5] Orders on supervisors, collector, etc., for money issued by 51 Inddx 205 Trustees — (continued): page Pay all money to treasurer .....-» 46 Penalty for paying- unqualified teacher 47 Penalty on collector's bonds recovered by 65 Place for holding annual meeting designated by 34 Powers to be exercised by board 48 Powers of trustees to collect tax (general) 53 Property held as corporation 48 Provide school with U. S. flag 151 Provide fire drills 163 Public money divided by 51 Qualified teachers employed by 49 Receipts and payments reported by 55 Register for teachers' record provided by 54 Relative hired only upon two-thirds vote 50 Remaining trustees act in case of vacancy 48 Remaining trustee calls meeting to fill vacancy 48 Reports transmitted to clerk of board of supervisors regarding bonded indebtedness » 41 Report delivered to town clerk 55 Report required from treasurer 46 Require supervisor and town clerk to assist in hearing 30 Responsible for teachers' wages if illegally employed 50 Rules for government of schools established by 50 School commissioner or supervisor not eligible to office .42, 67 Schoolhouse and furniture kept in good repair 52 School law to be deposited with 113 ■ School property Insured by 49 Security for sale of tax taken by 42 Sole trustee has all powers of board 48 Special meeting to consider building schoolhouse called by 27 Special meeting called when annual meeting not held 34 Special meetings called by 33, 49 Special meeting for organizing union school called by 65 Special meeting called to vote tax to stay judgment for teachers' wages 38 Special election In districts of over 300 called by 40 Sue for recovery of taxes 63 Sue for money unpaid upon security 42 Tax for schoolhouse not levied unless approved by commissioner. 40 Tax for teachers' wages collected by 51 Tax for teacher's wages when district fails to vote sufficient amount levied by 51 Tax for more than four months in advance cannot be raised by. 51 Tax list issued by 56 Tax list and warrant- delivered to town clerk 64 206 Index Trustees — (concluded) : PAor Teacher not hired unless certificate covers term Cjf appointment. . 50 Teacher cannot be dismissed, except for cause 50 Teachers paid monthly by 50, 104 Teachers wages paid by 51 Teacher given order on collector and treasurer by 52 Term of office 43 Term of employment of teachers determined by 50 Term of office in union school districts 67 Term of office in cities and villages 67 Treasurer and superintendent notified when supervisor, etc., fails to pay money 54 Treasurer to pay money upon order of 46 Treasurer's bond required and approved by 46 Trustees require bond of collector for disbursing public money. . 62 Trustees of union school vacate office by accepting office of com- missioner or supervisor 67 Trustees constitute board of education in union schools 67 Unpaid taxes certified to county treasurer by 59 Use of school building granted to commissioner by 29 Vacancy in office how filled 44 Water-closets provided by 52 When trustees may require collector to disburse public money. .61-62 Written contract with teacher made by 50, 103-104 Tuition : Free to resident pupils 47 Non-resident . pupils 47, 78 Non-resident taxpayers, tax to be deducted 47, 78 Normal schools 147 Union school districts: ' Academic department established in 78, 83 Academy in district adopted by 83 Academy leased and academic department maintained 83 Acts of meeting of may be appealed from 98 Annual meeting of board of education in 73 Another meeting cannot be called within one year after negative action 68 Board of education reports estimate of expenses for coming year. 81 Board not prevented from amending statement 81 Board may levy tax if district fails to vote 81 Board of education to appoint visitation committee 81 Board may hold executive sessions 81 Board to apply money apportioned to common schools, how 82 Index 207 Union school districts — (continued): ^^^^ Board to use money apportioned from literature fund of academ- ical departments "^ Board of education to make annual report. 83 Board of education to make special report required by. superin- tendent 83 Board of education presents to school commissioner certified copy of proceedings of meeting of dissolved district 85 Call for special meeting ^^ Certain districts and counties exempt from provisions relative to manner of election '^^ Copy of request, notice, etc., for organizing filed with town clerk, commissioner and superintendent 07-68 Date of annual meeting "^3 Designation of district by school commissioner. 67 Expense of notice 66 Existing trustees office vacated 67 How organized 65 Meeting for dissolving district, how called 84 Meeting of two or more districts, how called 66 Meeting to organize may elect trustees 67 Meeting to vote on expenditures 81 Meeting of board to be public 81 Meeting to dissolve district not called of tener than triennially ... 85 Meeting ordered by superintendent 65 IMeeting to dissolve district called 84 Members of board removed by superintendent for cause 83 Method of procedure to dissolve district 84 Not corresponding to cities and villages, may be altered by com- missioner 84 Notice, how given in villages 65 Notice, how given in other districts 65 Notice of meeting 65 Number of persons required to sign petition for call of meeting organizing union school 65-66 Number of votes necessary to organize meeting for forming union school 67 Number of trustees elected 67 Number of members of board increased 84 Power to borrow money 71, 72 Power to issue bonds 71, 73 Power to raise tax for teachers' wages 73 Power to vote free text-books 74 Proceedings not illegal for want of notice 66 Provisions of title 8 apply to all union school districts, except cities 86 208 Index Union school districts — (concluded): page Qualification of voters given in notice 65 Regular meeting of board of education in 81 Resolution to form adopted 67 Special meeting, manner of calling 73 Subject to visitation of superintendent. 83 Superintendent decides what are ox'dinary contingent expenses. .. 81 Tax in incorporated cities and villages, how levied 70 Tax, manner of raising 71 Tax, manner of collecting 72 Tax for establishing industrial training department voted by .... lOS Term of office of trustees 67 Trustees divided into classes 67 Trustees constitute board of education 67 Two-thirds vote necessary to dissolve 85 Vote to raise money, how rescinded 71, 72 Vote required on each item separately 81 When motion to organize defeated, no other proceedings to be taiien except to reconsider or adjourn 68 When established shall not be dissolved under one year 68 When recognized as school district 73 United States deposit fund: Apportionment from 12, 13 Comptroller may withhold payment to counties 11 V Vacancy in office of superintendent, how filled 8 Board of education of union schools, how filled - 79 Cornell scholarships, how filled 94 Office of school commissioner, how filled 25 Office of trustee, how filled 44 Office of clerlv, collector or treasurer, how filled 44, 69 Superintendent orders special election to fill vacancy in board of education 79 Vacancy filled in no other way when superintendent orders special election 79 Vaccination: Children to be vaccinated before admitted to school 127 Trustee reports number of children vaccinated 55 Village. (See incorporated village.) Vocal music: Free instruction given in 107 Voters: Declaration of, when challenged 35, 39, 75 Penalty for illegal voting 35, 39, 75 Index 209 Voters — (concluded): page Permitted to vote after making declaration 35, 39, 75 Qualifications of 34, 69 Women may vote 35, 70 W Wages. (See teachers wages.) Warrants : Collection of taxes 61 Executed in another town, etc 63 Money paid on warrant of superintendent 11 Renewal of 63 To collector by trustee 49 Water closets 52 79 Women: Permitted to vote at school meeting 37, 69 70 111 LBJa'IO