°H GENERAL SCHOOL LAWS State of New York, in Force July 1st, 1893 ; TOGETHER WITH THE Rules of Practice Governing Appeals to the Department of Public instruction. Prepared under the Supervision of JAMES F. CROOKER, State Superintendent of Public Instruction. ALBANY: THE ARGUS COMPANY, PRINTERS. lS 93 . &¥ Craii3f Qr TABLE OF CONTENTS. CONSOLIDATED SCHOOL ACT — CHAP. 555, LAWS OF 1864. PA SB. Title I. Election of State Superintendent, his term of office, powers and duties 5 Title II. Election of School Commissioners, term of office, powers and duties 11 Title III. State school moneys, their apportionment and distribution. . . 17 Title IV. Supervisors of towns, powers and duties relative to the dis- bursement of school moneys 29 Title V. Town clerks, and their duties, to preserve records, etc 31 Title VI. Formation, dissolution and alteration of school districts 33 Title VII. First Article — School district meetings, power and duties of, 36 Second Article — School-houses and sites 42 Third Article — School district officers, selection of 44 Fourth Article — School district clerk and librarian, powers and duties of 46 Fifth Article — Pupils and teachers 48 Sixth Article — Trustees, powers and duties of 49 Seventh Article — School district taxes, collection of; powers, duties and liability of collectors 57 Title VIII. Common school and public libraries 66 Title IX. Union free schools, their formation and government; powers of boards of education in ; officers of 68 Title X. Schools for colored children 81 Title XL Teachers' institutes 82 Title XII. Appeals to State Superintendent 85 Title XIII. Miscellaneous provisions 86 GENERAL STATUTES. American Museum of Natural History , 91 Arbor Day 94 Compulsory Education , 95 Holidays 99 Schools: Colored, in New York city 100 Cornell University 100 Indian 103 Nautical 104 Normal 105 Orphan 114 Teachers' Training Classes 115 4 Table of Contents. Schools — (Continued) ; PA8E Industrial training 117 Industrial Drawing, Evening Schools 118 Industrial or Free Hand Drawing 120 Free Kindergarten Schools 118 Instruction in vocal music in certain schools 119 School Commissioners : Salaries, how payable 120 To describe definitely district lines 121 School Commissioner Districts : Cities not to be included in 121 Division of certain districts 122 School Districts: Acquisition of sites 122 Elections in certain districts 129 Plans for school buildings 132 Requiring fire escapes in connection with certain school buildings 132 Trustees may contract for instruction of children in adjoining districts, 133 Tuition of non-residents, deduction 134 Teachers, employment and pay of 134 Health and decency 135 Vaccination of children 136 Dissolution of Union Free School Districts 137 School Officers: Not to become individually interested in official contracts 139 Taxation : Rate bills abolished 139 Banks and bankers 140 Delaware and Hudson Canal Company, apportionment of valuation of property of 143 Forest Preserve 145 Railroads, telegraph, telephone and pipe line companies, apportion- ment of valuation of property of , 146 Railroads, collection of taxes of 147 Text Books: Adoption and change of 149 Physiology and Hygiene 150 Women : May vote at school meetings and hold office 150 Determining those who have right to vote for School Commissioners . . 150 Code: Custody of 152 Reports of Department : To be printed for distribution 153 Appeals: Rules of practice 154 Index 160 Consolidated School Act. CHAP. 5 5 5. AN ACT to revise and consolidate the General Acts relating to Public Instruction. Passed May 2, 1864 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: TITLE I. OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, HIS ELECTION AND GENERAL POWERS AND DUTIES. * Section 1. The office of state superintendent of pub- Anient? his 1 " lie instruction is continued and the term of said office eiectWand shall be three years, commencing hereafter on the seventh day of April. Such superintendent shall 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 any vacancy in the office. f § 2. He shall appoint a deputy, who shall receive an Ptendent- per annual salary of four thousand dollars ; and in case of salary. a vacancy in the office of superintendent the deputy may perform all the duties of the office until the day herein- before fixed for the commencement of the term of said office. In case the office of both superintendent and Vacanc y- deputy shall be vacant, the governor shall appoint some person to perform the duties of the office until the super- intendent shall be elected and his term of office com- mence as hereinbefore provided. § 3. The superintendent's office shall continue to be in office of. the state hall, and maintained at the expense of the state. *As amended by sec. 1, chap. 75, Laws of 1883; and by sec. 1, chap. 591, Laws of 1886. t As amended by sec. 2, chap. 75, Laws of 1883 ; and by chap. 533, Laws of 1888. TITLE 1. Salary. Clerk hire. Seal. Copies of pa- pers on file under seal to be evidence. Superintend- ent's ex officio duties. Superintend- ent's general supervision. Institution for deaf and dumb, blind. Consolidated School Act of 1864. * § 4. His salary shall be five thousand dollars a year, payable quarterly, by the treasurer, on the warrant of the comptroller. f § 5. He may appoint as many clerks as he may deem necessary, but the compensation of such clerks shall not exceed in the aggregate the sum of nine thousand dollars in any one year, and shall be payable monthly by the treasurer, on the warrant of the comptroller, and the cer- tificate of the superintendent. $ § 6. The seal of the superintendent, of which a descrip- tion and impression are now on file in the office of the secretary of state, shall continue to be his official seal, ar.d when necessary, may be renewed from time to time Copies of all papers deposited or filed in the superintend- ent'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 orignal. || § 7. The superintendent shall be ex officio a trustee of Cornell University and of the New York State Asylum for Idiots, and a regent of the University of the State of New York. He shall also have general supervision over the state normal schools at Brockport, Buffalo, Cortland, Fredonia, Geneseo, Oswego and Potsdam, and over any other state normal schools, which may hereafter be estab- lished ; and he shall provide for the education of the Indian children of the state, as required by chapter seventy-one of the laws of eighteen hundred and fifty-six.^" § 8. The institution for the instruction of the deaf and dumb, the New York institution for the blind, and all other similar institutions, incorporated, or that may be hereafter incorporated, shall be subject to the visitation of the superintendent of public instruction, and it shall be his duty : (a) * As amended by sec. 1, chap. 567, Laws of 1875. t As amended by sec. 2, chap. 567. Laws of 1875. X Appropriation for fiscal year ending September 30, 1894, $16,000. II As amended by sec. 3, chap. 567, Laws of 1875. If See Law, page 103. (a) DEAF AND DUMB INSTITUTIONS. The institutions for deaf and dumb, authorized by law to receive persons appointed as state pupils therein by the superintendent of public instruction under the provisions of section 9, title 1, chap. 555, Laws of 1864, and the special acts relating to the same are : New York Institution for the Instruction of the Deaf and Dumb. (Incorporated by chap. 264, Laws of 1817 ) Institution for the Improved Instruction of Deaf-Mutes, New York city. (Chap. 180, Law* of 157').) Central New York Institution for Deaf-Mutes, at Home, N. Y. (Chap. 13, Laws of 1876, and chap. 355, Laws of 1880.) (Continued on page 7.) Of Superintendent of Public Instruction. 1. To inquire, from time to time, into the expenditures Su ™^f en ^. of each institution, and the systems of instruction pursued em's duties, therein, respectively. 2. To visit and inspect the schools belonging thereto, and the lodgings and accommodations of the pupils. 3. To ascertain, by a comparison with other similar institutions, 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 enfto^eport" the matters before enumerated, and particularly as to the annually, condition of the schools, the improvement of the pupils, and their treatment in respect to board and lodging. * § 9. All deaf and dumb persons resident in this state admUaion. and upwards of twelve years of age, who shall have been resident in this state for three years immediately preced- ing the application, or, if a minor, whose parent or parents or, if an orphan, whose nearest friend shall have been resi- Western New York Institution for Deaf-Mutes at Rochester. (Chap. 331, Laws of 1876.) St. Joseph's Institute for the Improved Instruction of Deaf-Mutes, at Fordham. (Chap. 378, Laws of 1877.) Le Couteulx St. Mary's Institution for the Improved Instruction of Deaf-Mutes, at Buffalo. (Chap. 670, Laws of 1872.) Northern New York Institution for Deaf-Mutes, at Malone. (Chap. 275, Laws of 1884.) High Class In. In addition to the term of appointment of state pupils, provided for in section 10, title 1, of the General School Act, the superintendent is authorized to appoint pupiis to the high class in the New York Institution. (Chap. 272, Laws of 1854, as amended by chap. 58, Laws of 1885.) Western New York Institution. (Chap. 331. Laws of 1876.) Central New York Institution. (Chap. 355, Laws of 1880.) INSTITUTION FOR THE BLIND. The only institution to which the state superintendent of public instruction is authorized by law to send indigent blind persons, as state pupils, is the New York Institution for the Blind. (Incorporated by chap. 214, Laws of 1831.) To that institution, he can appoint only residents of the counties of New York, Kings, Queens, Suffolk and Richmond. (Chap. 555, Laws of 1864, as amended by chap. 615, Laws of 1886.) To be eligible, the applicant, by the provisions of one act, must be between the ages of eight and twenty-five years ; by another, of suitable age. The term of such appointments shall not exceed five years, but may be extended from time to time by the superintendent of public instruction on the recom- mendation of the board of managers. The supervisors of each of the counties of New York, Kings, Queens and Suffolk are required to raise and appropriate each year, while such pupils are in said institution, fifty dollars for each of said pupils whose parents or guardians shall, in the opinion of the superintendent of public instruction, be unable to clothe them to be applied to the furnishing such pupils with a suitable clothing. (Chap. 166, Laws of 1870, as amended by chapter 166, Laws of 1871.) * As amended by sec. 4, chap. 567, Laws of 1875, and by sec. 1, chap. 615, Laws of 1886. Note.— See chap. 166, Laws of 1870; chap. 180, Laws of 1870, and chap. 166, Laws of 1871. Note.— Section 9 does not apply to, or affect the New York State Institution for the Blind located at Batavia, N. Y. Sec. 2, chap. 615, Laws of 1886. Consolidated School Act of 1864. TITLE 1. Appoint- ments to. State pupils; accommoda- tion, compen- sation, etc. Term of instrnction. Time oi admission. dent in this state for three years immediately preceding the application, shall be eligible to appointment as state pupils in one of the deaf and dumb institutions of this State, authorized by 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 and Richmond 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 application, 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. * § 10. Each pupil so received into either of the institu- tions 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 institution, on his presenting a bill showing the actual time and number 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 pro- vided for. § 11. The superintendent of public instruction may make such regulations and give such directions to parents * See chap. 180, Laws of 1S7Q. Of Superintendent of Public Instruction. 9 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. § 12. The superintendent may, in his discretion, appoint school persons to visit and examine all or any of the common schools in the county wherein 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. § 13. So often as he can, consistently with his other superintend- t/ . cnt to visit duties, he shall visit such of the common schools of the schools. state as he shall see fit, and inquire into their course of instruction, management and discipline, and advise and encourage the pupils, teachers and officers thereof. * § 14. He shall submit to the legislature an annual Aunu ai o ■ . . <^ report. report containing : 1. A statement of the condition of the common schools of the state, and of all other schools and institutions under his supervision, 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. All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advancement of public instruction in the state, as he shall deem expedient. f § 15. He may grant under his hand and seal of office, state certm- a certificate of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be con- clusive 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. Pie shall Examination determine the manner in which such examination shall be certificate, 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. He may also, in his discretion, issue a certificate, College ; without examination, to any graduate of a college or certificate. * Note. — Sec. 10 of chap. 588, Laws of 1886, provides that the annual report shall be presented to the legislature on or before Febiuary first, and shall be placed with the printer by December fllteenth preceding, and transmitted to the legislature printed. t As amended by sec. 5, chap. 567, Laws of 1875, and by sec. 1, chap. 331, Laws of 1888. See chap. 353, Laws of 1875. 10 Consolidated School Act of 1S64. TITLE 1. Normal diplo- mas and state certificates from other states. Temporary licenses. May annul certificates. Lists of per- sons holding state certifi- cates and nor- mal school diplomas. Superinterd- ent may re- move school commission- ers or other school officers. May withhold share of public money from district will- fully disobey- ing order, etc. Shall prepare registers, blanks, etc. 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 diploma issued by a state normal school or a certificate issued by a state superintendent or state board of education in any other state, which indorsement shall confer upon the holder thereof the same privileges con- ferred by law upon the holders of diplomas or certificates issued by state normal schools or by the state superin- tendent in this state. He may also issue temporary licenses to teach, limited to any school commissioner dis- trict or school district, and for a period not exceeding six months, whenever, in his judgment, it may be necessary or expedient for him to do so. § 16. Upon cause shown to his satisfaction, he may annul any certificate of qualification granted to a teacher by a school commissioner, or declare any diploma issued by the state normal school ineffective and null as a quali- fication to teach a common school within this state, and he may reconsider and reverse his action in any such matter. § 17. He shall prepare and keep in his office alpha- betical lists of all persons who have received, or shall receive, certificates of qualification from himself, or diplo- mas of the state normal school, with the dates thereof, and shall note thereon all annulments and reversals of such certificates and diplomas, with the date and causes thereof, together with such other particulars as he may deem expedient. * § 18. Whenever it shall be proven 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 commissioner or other school officer from his office. Said superin- tendent may also icithhold any share of the public money of the state from any district for willfully dis- ob ying any decision, order or regulation as aforesaid. § 19. 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 * As amended by sec. 1. chap. 5D0 of Laws of 1803. Of School Commissioners. 11 same, with such information and instructions as he shall deem conducive to the proper organization and govern- ment of the common schools and the due execution of their duties by school officers, to be transmitted to the officers and persons intrusted with the execution of the same. *§20. The superintendent may administer oaths and May adminis- , *> M r , J ter oaths. take affidavits concerning any matter relating to the schools. TITLE II. OF THE SCHOOL COMMISSIONERS, THEIR ELECTION, POWERS AND DUTIES. Section 1. The office of school commissioner is con- School com- tinued, and the present incumbents shall continue in office missl0ners in their respective districts, for the residue of the terms for which they were elected or appointed. + § 2. The districts as organized under existing laws school com- ' *j ™ ^ mission sr and as recognized in the election of school commissioners districts. at the annual election in eighteen hundred and sixty-three, shall continue to be held and regarded as the school com- missioner districts in this state, except as the same shall be altered or modified by the legislature. ^ I § 3. The school commissioner for each school com- How elected, missioner district shall be elected by the electors thereof, by separate ballot, at the general election in the year one thousand eight hundred and sixty-six, and tri-ennially thereafter, and the ballots shall be indorsed " School Com- missioner." The laws regulating the election of and canvassing the votes for county officers shall apply to such elections. And it shall further be the duty of county county clerk c'erks, and they are hereby required, as soon as they shall 3°^^^. have official notice of the election or appointment of a ent the eiec- school commissioner, for any district in their county, to poinunent of forward to the superintendent of public instruction a "" duplicate certificate of such election or appointment attested by their signature and the seal of the county. • § 4. The term of office of such commissioner shall com- Term of mence on the first day of January next after his election, * Added by section 2, chapter 331, Laws of 1888. t Note.— Cities electing superintendents, etc., are not included in commis- sioner districts. See chapter 179, Laws of 1856, as amended by section 1, chapter 414, Laws of 18S3, page 121, post. % Boards of supervisors may erect new commissioner district when commis- sioner district contains more than 800 school districts. See chap. 686, Laws of 1892, article 11, sub. 9 of sectiou 12. page 122, post. II As amended by section 1, chapter 406, Laws of 1867. See also chap. 214, Laws of 1892, determining" who have a right to vote for school commissioners, page 150, post. commis- sioner. 12 Consolidated School Act of 1864 TITLE 2. Oath of office. Commis- sioner may • resign. Vacates office. How vacancy in office of school com- missioner filled. Commission- er elected to fill vacancy to hold only for the unexpired term. Salary of school com- missioner $1,000; paya- ble from Iree school fund. Supervisors to increase salary of com- missioner. How assessed. Commission- er's expenses and shall be for three years, and until his successor quali- fies. Every person elected to the office, or appointed to fill a vacancy, must take the oath of office prescribed by the constitution, before the county clerk, or a judge of a court of record, and file it with the county clerk, within ten days after the. commencement of the term or after notice of his appointment ; and if he omit so to do, the office shall be deemed vacant. § 5. A commissioner may at any time vacate his. office, by filing his resignation with the county clerk. His removal from the county, or his acceptance of the office of supervisor, town clerk or trustee of a school district, shall vacate his office. * § 6. The county clerk, so soon as he lias official or other notice of the existence of a vacanc} 7 in the ottice of commissioner, shall give notice thereof to the county judge, or, if that office be vacant, to the superintendent of public instruction. In case of a vacancy, the county judge, or, if there be no county judge, then the superin- tendent shall appoint a commissioner, who shall hold his office until the first of January succeeding the next gen- eral election, and until his successor, who shall be chosen at such general election, shall have qualified. A person elected to fill a vacancy shall hold the office only for the unexpired term. t § 7. After the first day of October, eighteen hundred and eighty-five, every school commissioner shall receive an annual salary of one thousand dollars, payable quarterly out of the free school fund appropriated for this purpose, or to the support of common schools. $ § 8. Whenever a majority of the supervisors from all the towns composing a school commissioner district shall adopt a resolution to increase the salary of their school commissioner beyond the one thousand dollars, payable to him from the free school fund, it shall be the duty of the board of supervisors of the county to give effect to such resolution, and they shall assess the increase stated therein upon the towns composing such commissioner district, ratably, according to the corrected valuations of the real and personal estate of such towns. || § 9. The board of supervisors shall annually audit and allow to each commissioner within the county the fixed * As amended by sec. 1, chap. 647, Laws of 1805. t As amended by sec. 1, chap. 84, Laws of 1807, and sec. 3, chap. 1, Laws of 1881, and by sec. 5, chap. 340, Laws of 1885. X As amended by sec. 6, chop. 567. Laws of 1875, and sec. 6, chap. 340, Laws of 1885. || As amended by sec. '2, chap. 84, Laws of 1867. Of School Commissioners. 13 sum of two hundred dollars for his expenses, and shall 3 ' assess and levy that amount annually, by tax upon the towns composing his district. § 10. Whenever the superintendent of public instruc- supermtend- , . ° . ,• /•» i ;1 , it • • i • ,i ent may with tion is satisfied that a school commissioner has persistently hold commis- neglected to perform his duties, he may withhold his Salary™ order for the payment of the whole or any part of such commissioner's salary as it shall become due, and the salary so withholden shall be forfeited ; but the superin- tendent may remit the forfeiture, in whole or in part, upon the commissioner disproving or excusing such neglect. § 11. A commissioner, upon the written request of the commis- commissioner of an adjoining district, may perform any semTfor of his duties for him, and upon requirement of the state another - superintendent of public instruction must perform the same. * § 12. No school commissioner shall act as agent for Not t0 act any author, publisher or bookseller, nor directly or indi- author or rectly receive any gift, emolument, reward or promise of P ubhsher > etc - reward, for his influence in recommending or procuring the use of any book, or school apparatus, or furniture of any kind whatever, in any common school, or the purchase of any book for a district library. Any one who shall procure or solicit a violation of this provision, or of any part thereof, shall be guilty of a misdemeanor ; and any such violation shall subject tHe guilty commissioner to removal from his office by the superintendent of public instruction. 8 13. Every commissioner shall have power, and it shall Duties oi . °, . , J l school com- be his duty : missioner. f 1. From time to time to inquire and ascertain whether To define the boundaries of the school districts within his district boundaries. are definitely and plainly described in the records of the proper town clerks ; and in case the record of the bound- aries of any school district shall be found defective or indefinite, or if the same shall be in dispute, then to cause the same to be amended, or an amended record of the boundaries to be made. All necessary expenses incurred Expense of in establishing such amended records shall be a charge boundafies. upon the district or districts affected, to be audited and allowed by the trustee or trustees thereof, upon the certi- ficate of the school commissioner. 2. To visit and examine all the schools and school dis- To visit and examine * Note.— See sec. 473 of the Penal Code, page 139, post. schools. t As amended by sec. 7. chap. 567, Laws of 1875. 14 TITLE 2. Libraries, school- houses, etc. Studies. To direct trustees to make repairs, May direct repairs and additions to school furniture. May direct abatement of nuisance. To condemn unfit school- houses. To estimate sum neces- sary to build school-house. Trusteeto call special meeting. Consolidated School Act of 1864. tricts within his district as often in each year as shall be practicable ; to inquire into all matters relating to the management, the course of study and mode of instruction, and the text-books and discipline of such schools, and the condition of the school-houses, sites, out-buildings and appendages, and of the district generally ; to examine the district libraries ; to advise with and counsel the trus- tees and other officers of the district in relation to their duties, and particularly in respect to the construction, warming and ventilation of school-houses, and the improv- ing and adorning of the school grounds connected there- with ; and to recommend to the trustees and teachers the proper studies, discipline and management of the schools, and the course of instruction to be pursued. *3. Upon such examination, to direct the trustees to make any alteration or repair on the school-house or out- buildings which shall, in his opinion, be necessary for the health or comfort of the pupils, but the expense of making such alterations or repairs shall, in no case, exceed the sum of two hundred dollars, unless an additional sum shall be voted by the district. He may also direct the trustee to make any alterations or, repairs to school furni- ture, or when in his opinion any furniture is unfit for use and not worth repairing, or when sufficient furniture is not provided, he may direct that new furniture shall be provided as he may deem necessary, provided that the expense of such alterations, repairs or additions to furni- ture shall not, in any one year exceed the sum of one hundred dollars. He may also direct the trustees to abate any nuisance in or upon the premises, provided the same can be done at an expense not exceeding twenty-five dollars. f 4. By an order under his hand, reciting the reason or reasons, to condemn a school-house, if he deems it wholly unfit for use and not worth repairing, and to deliver the order to the trustees, or one of them, and transmit a copy to the superintendent of public instruction. Such order, if no time for its taking effect be stated in it, shall take effect immediately. He shall also state what sum, not exceeding eight hundred dollars, will, in his opinion, be necessary to erect a school-house capable of accommodat- ing the children of the district. Immediately upon the receipt of said order, the trustee or trustees of such dis- * As amended by sec. 2, chap. 406, Laws of 1867, and by sec. 3, chap. 331, Laws of 1888. t As amended by sec. 2, chap. 406, Laws of 1867, aud by chap. 592, Laws of 1887. Of School Commissioners. 15 trict shall call a special meeting of the inhabitants of said district, for the purpose of considering the question of building a school-house therein. Such meeting shall have power to determine the size of said school-house, the material to be used in its erection, and to vote a tax to build the same ; but such meeting shall have no power to reduce the estimate made by the commissioner aforesaid by more than twenty-five per centum of such estimate. And where no tax for building such house shall have Trustees to been voted by such district within thirty days from the hous d e 8 and 01 time of holding the first meeting to consider the question, gam e ta ff f dis- then it shall be the duty of the trustee or trustees of such trict neglect, district to contract for the building of a school-house capable of accommodating the children of the district, and to levy a tax to pay for the same, which tax shall not exceed the sum estimated as necessary by the commissioner afore- said, and which shall not be less than such estimated sum by more than twenty-five per centum thereof. But such estimated sum may be increased by a vote of the inhabit- ants at any school meeting subsequently called and held according to law. * 5. To examine persons proposing to teach common To examine schools within his district, and not possessing the super- f° a chers? se intendent's certificate of qualification or a diploma of the state normal school, and to inquire into their moral fitness and capacity, and, if he find them qualified, to grant them certificates of qualification, in the forms which are or may be prescribed by the superintendent. 6. To re-examine any teacher holding his or her prede- Re-examine, cessor's certificate, and if he find him deficient in learning or ability, to annul the certificate. 7. To examine any charge affecting the moral character to exam- of any teacher within his district, first giving such teacher a gain h st rge8 reasonable notice of the charge, and an opportunity to teachers. defend himself therefrom ; and if he find the charge sus- Annul tained, to annul the teacher's certificate, by whomsoever certlficates - granted, and to declare him unfit to teach ; and if the teacher held a certificate of the superintendent, or a diploma of the state normal school, to notify the superin- tendent forthwith of such annulment and declaration. 8. And, generally, to use his utmost influence and most strenuous exertions to promote sound education, elevate the character and qualifications of teachers, improve the means of instruction and advance the interest of the schools under his supervision. * For additional duties, see chap. 318, Laws of 1383 ; and chap. 30, Laws ol 1884. 16 Consolidated School Act of 1S64. TITLE 2. Commission- ers to take affidavits. May issue subpoenas. Penalty. School com- missioners, how subject to certain rules. Reports to state super- intendent. Annual report, from returns of school trustees. * § 14. Every school commissioner shall have power to take affidavits and administer oaths in all matters pertain-: ing to common schools, bnt without charge or fee ; and, under the direction of the superintendent of public instruction, to take and report to him the testimony in any case of appeal. When so directed by the superin- tendent, said commissioner shall have power to issue sub- poenas to compel the attendance of witnesses. Service of said subpoenas shall be made a reasonable time before the time therein named for the hearing, by exhibiting the same to the person so served, with the signature of the commissioner attached, and by leaving with such person a copy thereof. The person so served shall be entitled to receive from the person or officer at whose instance he is subpoenaed, at the time of service, the same fees as are provided by law for witnesses in courts of record. Diso- bedience of such subpoena shall subject the delinquent to a penalty of twenty-five dollars, which shall, unless suffi- cient excuse is shown, upon the certificate of the commis- sioner showing such facts, be imposed by the county judge of the county in which such commissioner resides, and shall be paid forthwith to the county treasurer for the benefit of the poor of the county, or, in case such penalty shall not be paid, such delinquent shall stand committed to the county jail of the county for the period of twenty- five days, unless sooner paid. f § 15. The commissioners shall be subject to such rules and regulations as the superintendent of public instruc- tion shall, from time to time, prescribe, and appeals from their acts and decisions may be made to him, as hereinafter provided. They shall, whenever thereto required by the superintendent, report to him as to any particular matter or act, and shall severally make to him annually, to the twenty fifth clay of July in each year, a report in such form and containing all such particulars as he shall pre- scribe and call for ; and, for that purpose, shall procure the reports of the trustees of the school districts from the town clerks' offices, and, after abstracting the necessary contents thereof, shall arrange and indorse them pro perl}'' and deposit them, with a copy of his own abstract thereof, in the office of the county clerk, and the clerk shall safely keep them. * As amended by sec. 5. chap. 331, Laws of 1888. t As amended by sec. 1, chap. 413, Laws of 1883. and by sec. 1, chap. 245, Laws of 1889. Of State and Other School Moneys. 17 TITLE 8. TITLE III. of the state and other school moneys, their appor- tionment and distribution, and of trusts and gifts for the benefit of common schools. First Article. Of the state school moneys and their apportionment by the superintendent of public instruction, and, payment to the county and city treasurers. * Section 1. There shall be raised by tax, in the present state tax for and each succeeding year, upon the real and personal O f e schooi° rt estate of each county within the State, one mill and one- fourth of a mill upon each and every dollar of the equal- ized valuation of such estate, for the support of common schools in the state ; and the proceeds of such tax shall be apportioned and distributed as herein provided. § 2. No clerk of any board of supervisors, or other cierk of person who shall make out the tax list or assessment-roll supervisors of any town, shall omit to include and apportion among shall not omit the moneys to be raised thereby the amount hereby state school required to be raised for the support of schools, by reason tax> of the omission of the board of supervisors to pass a resolution for that purpose. f § 3. The moneys so raised shall be paid into the state Money, how treasury, and the treasurer may transfer them from one deposited, depository to another, by his draft, countersigned and entered by the superintendent of public instruction. On Treasurer the first working day of each month the treasurer shall t0 report - make to the superintendent of public instruction a written statement of the condition of the free school fund, show- ing the amount received and paid during the preceding month, and the balance remaining on hand. The bank Bank book, in which such moneys are deposited shall furnish the superintendent of public instruction a book, in which the officers 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 except upon such warrant of the superintendent, countersigned by the comptroller, referring to the law under which it is drawn. The super- Warraa t ? and intendent shall countersign and enter all checks drawn receipts; how ° drawn and ~~ entered. * As amended by chap. 406, Laws of 1867. Note. — Sec. 1 is not followed, as the legislature of each year fixes the rate. t As amended by sec. 8, chap. 567, Laws of 1875. 18 TITLE 3. Comptroller may withhold moneys from counties. Treasurer and superin- tendent may borrow moneys, State school moneys. Apportion- ment by superin- tendent Applied to teachers' From free school fund. Consolidated School Act of 1864. by the treasurer in payment of his warrants, and all receipts of the treasurer for such money paid to the treasurer, and no such receipt shall be evidence of pay- ment unless it be so countersigned. * § 4. The comptroller may withhold the payment of any moneys, to which any county may be entitled, from the appropriation of the incomes of the school fund and the United States deposit fund for the support of com- mon 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 first day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day, there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys, to which any other county may be entitled, 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 count}' 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. § 5. The moneys raised by the state tax or borrowed as aforesaid to supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund, when the same are appropriated to the sup- port of common schools, constitute the state school moneys, and shall be divided and apportioned by the superintend- ent of public instruction, on or before the twentieth day of January in each year as follows : and all moneys so apportioned, except the library moneys, shall be applied exclusively to the payment of teachers' wages. f § 6. He shall apportion and set apart from the free school fund appropriated therefor the amounts required * As amended by sec. 4, chap 406, Laws of 1867. + Ae amended by chap, 374, Laws of 1876, and by sec. 1, chap. 340, Laws of 1885. This section was changed by sec. 3, chap. 1, Laws of 1881, which reads as follows : { 3. In making the annual apportionment of school moneys, the superintendent of public instruction shall hereafter set apart a sum sufficient to pay the salaries of the several school commissioners from the free school fund, instead of from the United States deposit fund as heretofore. Also amended by sec. 1, chap. 333, Laws of 1889. Also amended by sec. 1 of chap 534, Laws of 1890. Of State and Other School Moneys. 19 to pay the annual salaries of the school commissioners TITLB 3 - elected or elective under this act, to be drawn out of the treasury and paid to the several commissioners as herein- before provided ; and he shall also apportion to each of Apportion- the cities of the state, and to each of the incorporated ries^o^chooi villages of the state having a population of five thousand °?r^ 8 !L on ~ i i i i • £ i -i i • • i • »na to and upwards, and to each union free school district having ci ^ ies and vii- a like population, which employs a superintendent of in| e a superm- common schools, out of the income of the said fund, and schools. ° f if insufficient, the deficiency out of the free school fund so appropriated, the sum of eight hundred dollars ; and in case any city is entitled to more than one member of assembly, according to the unit of representation adopted by the legislature, five hundred dollars for each additional member of assembly, to be expended according to law for the support of the common schools of the city. But said superintendent shall make no allotment to smy city or district for the expenses of a superintendent unless satisfied that such city, village or district, employs a com- petent person as superintendent whose time is exclusively devoted to the general supervision of the schools of said city, village or district ; nor shall he make any allotment to any district in the first instance without 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 interest it is made. He shall then set apart, Library from the income of the United States deposit fund, for money8, and as library moneys, such sums as the legislature shall appropriate for that purpose. He shall also set apart from the free school fund a sum, not exceeding four thousand dollars, for a contingent fund. He shall then set apart and apportion, for and on account of the Indian Indian schools under his supervision, a sum which will be equita- schools - bly equivalent to their proportion of the state school money, upon the basis of distribution established by this act, such sum to be wholly payable out of the proceeds of the state tax for the support of common schools. After to divide re- deducting the said amounts he shall divide the remainder two n e d quai nto of the state school moneys into two parts, and shall appor- P arts - tion them as hereinafter specified. * § 7. He shall apportion such remainder equally among one-half the school districts and cities from which reports shall ment; tion * As amended by sec. 2, chap. 340, Laws of 1885; and by sec. 1, chap. 328, Laws of 1889 ; and by sec. 2, chap. 534, Laws of 1890 ; and by sec. 2, chap. 500, Laws of 1893. 20 Consolidated School Act of 1864. have been received in accordance with law, as follows ; Making the distributive portion or each district quota one what dig- hundred dollars. To entitle a district to a distributive ceive district portion or district quota, a qualified teacher, or successive quota. qualified teachers, must have actually taught the common school of the district for at least the term of time herein- after mentioned, during the last preceding school year. Onequota for For every additional qualified teacher and his successors teacher. a!lfled who shall have actually taught in said school during the whole of said term, the district shall be entitled to another distributive quota; but pupils employed as monitors, or Term of otherwise, shall not be deemed teachers. The afore- schooi. mentioned term during the current school year shall be .thirty-two weeks of five school days each, inclusive of legal holidays, and anj* other day which shall be by law declared a holiday, which shall occur during the term, and thereafter said term, during every school year, shall be one hundred and sixty days of school, inclusive of legal holidays that may occur during the term of said schools, and exclusive of Saturday. No Saturday 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. Teacher's A deficiency not exceeding three weeks during the current aunstimte. year, or in any other subsequent year, caused by a teacher's attendance upon a teachers' institute within the county, shall be excused by the superintendent of public instruction. The remain- * § 8. Having so apportioned and distributed the said apportioned! 6 district quotas as specified in section 7 of this act, the superintendent shall apportion the remainder of said state school moneys, and also the library moneys separatel}*, among the counties ot the state, according to their respect- ive population, excluding Indians residing on their reservations, as the same shall appear from the last pre- Apportion- ceding state or United States census ; but as to counties payment 3 in which are situated cities having special school acts, he to cities. shall apportion to each 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. 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 determine the population of such * As amended by sec. 3, chap. 340, Laws of 1885, and by sec. 3, chap. 531, Laws of 1890. For days declared by law to be holidays, see chap. 677, Laws of 1892, sec. 24, vol. 2, paije 99, post. Of State and Other School Moneys. 21 county or city at the time the census was taken, and make his apportionment accordingly. § 9. The superintendent shall apportion to each separate separate ? - i 1 i i • i lni i l i in j neighbor- neignborhood which shall have duly reported sucn nxea hoods, 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. * § 10. Whenever any school district or separate neigh- ^ t e g u h d ^ e borhood shall have been excluded from participation in been ex- any apportionment made by the superintendent, or by the theappor°- m school commissioners, by reason of its having omitted to 1^™^^- make any report required by law, or to comply with any ent may make other provision of law, or with any rule or regulation aHowance. made by the superintendent under the authority of law, and it shall be shown to the superintendent that such emission was accidental or excusable, he may, upon the application of such district or neighborhood, make to it an equitable allowance ; and if the apportionment was p rom contin- made by himself, cause it to be paid out of the contingent s entfund - fund ; and, if the apportionment was made by the com- when made missioners, direct them to apportion such allowance to it, j^^o™" at their next annual apportionment, in addition to any apportionment to which it may then be entitled. And May direct the superintendent may, in his discretion, upon the recom- f teachers' mendation of the school commissioner having jurisdiction ^hb^w&a over the district in default, direct that the money so n °^ fl d e u d ly equitably apportioned shall be paid in satisfaction of teacher, teachers wages earned by a teacher not qualified in accordance with the provisions of the law as hereinafter set forth. § 11. If money to which it is not entitled, or a larger Moneys ap : sum than it is entitled to, shall be apportioned to any excesTmay 1 county, or part of a county, or school district, and it shall £ y theTuper- not have been so distributed- or apportioned among the intendent. 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 when im- impracticable so to reclaim such money or excess, then the t™r C eciaim e superintendent shall deduct it from the portions of such mone y B - county, part of a county or district, in his next annual * As amended by section 1, chapter 27, Laws of 1880. Note.— By section 2 of chapter 27, Laws of 1880, all acts and parts of acts incon- sistent with this act are thereby repealed. 22 Consolidated School Act of 1864. TITLE 3. Deficiencies to be supplied by supple- mental appor- tionment. To certify to county clerk, treasurer, commis- sioner, etc. Moneysannu- ally appor- tioned pay- able on the first day of April. Real and per- sonal estate given in trust for the benefit of common schools. apportionment, and distribute the sum thus deducted equitably among the counties and parts of counties, or among the school districts in the state entitled to partici- pate in such apportionment, according to the basis of apportionment in which such excess occurred. § 12. If a less sum than it is entitled to shall have been apportioned by the superintendent to any county, part of a county or school district, the superintendent may make a supplementary apportionment to it, of such a sum as shall make up the deficiency, and the same shall be paid out of the contingent fund, if sufficient, and if not, then the superintendent shall make up such deficiency in his next annual apportionment. § 13. As soon as possible after the making of any annual or general apportionment, the superintendent shall certify it to the county clerk, county treasurer, school commissioners and city treasurer or chamberlain, in every county in the state ; and if it be a supplemental appor- tionment, then to the county clerk, county treasurer and school commissioners of the county in which the neigh- borhood or the school-house of the district concerned is situate. * § 14. The moneys so annually apportioned by the superintendent shall be payable on the first day of April next after the 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. Second Article. Of trusts for the benefit of common schools, and of town school funds, -fines, penalties and other moneys held or given for their benefit. § 15. Real and personal estate may be granted, con- veyed, devised, bequeathed and given in trust and in perpetuity or otherwise, to the state, or to the superin- tendent of public instruction, 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 or 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 * As amended by sec. 10, chap. 507, Laws of 1875, Of State and Other School Moneys ; Trusts, etc. 23 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. §16. No such grant, conveyance, devise or bequest Trust not in- shall be held void for the want of a named or competent of trustee"" 1 trustee or donee, but where no trustee or donee, or an or donee - 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. § IT. The legislature may control and regulate the Legislature to execution of all such trusts ; and the superintendent of regulate public instruction shall supervise and advise the trustees, trusts ; and hold them to a regular accounting for the trust prop- tendent to re- erty and its income and interest, at such times, in such ^ account. 668 forms, and with such authentications, as he shall from time to time prescribe. § 18. The common council of every city, the board of certain supervisors of every county, the trustees of evecy village, boards to re- the supervisor of every town, the trustee or trustees of ^ to U super- every school district, and every other officer or person intendeut. who shall be thereto required by the superintendent of public instruction, shall on or before the thirtieth day of September next, report to him whether any, and if any, what 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 authenti- cated 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. § 19. Every supervisor of a town shall, by the thirtieth Gospel and day of September next, report to the superintendent 8C whether there be, within the town, any gospel or school lot, and, if any, shall describe the same, and state to 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 town 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 invest- ments, and shall report a full statement and account of such lands, moneys and securities. § 20. Every supervisor of a town shall in like manner, Moneys in the by the thirtieth day of September next, report to the seeWof thT" poor. 24 TITLE 3. Superintend- ent to report to the legis- lature. Superin- tendent can require report from super- visor or other town officer. Penalties and fines, how paid and apportioned. District attor- ney to report fines and pen- alties to su- pervisors. Finea and penalties, to whom paid. Consolidated School Act of 1864. superintendent whether the town has a common school fund orginated under the " Act relative to moneys in the hands of overseers of the poor " passed April 27, 1829, and, if it have, the full particulars thereof, and of its investment, income and application, in such form as the superintendent may prescribe. § 21 In respect to the property and funds in the two last sections mentioned, the superintendent shall, at the next session of the legislature, and annually thereafter, include in his annual report a statement and account thereof. And, to these ends, he is authorized, at any time, and from time to time, to require from the supervisor, board of town auditors, or any officer of a town, a report as to any fact, or any information or account, he may deem necessary or desirable. § 22. Whenever, by any statute, a penalty or fine is imposed for the benefit of common schools, and not expressly of the common schools of a town or school dis- trict, it shall be taken to be for the benefit of the common schools of the county within 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. § 23. 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. § 24. 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 dis- trict for whose benefit it is collected. If the fine or penalty be inflicted or imposed for the benefit of the Of Apportionment by School Commissioners. 25 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. § 25. Whenever, by this or any other act, a penalty or Penalties tine is imposed upon any school district officer for a viola- districts, tion or omission 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 tine 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. § 26. (Kepealed by chap. 593, Laws of 1886, § 1, T 39 ; the following provisions of the Penal Code applying in such cases : ) Sec. 470. Misappropriation, etc., and falsification of accounts by public officers: A public officer, or a deputy or clerk of any such officer, and any other person receiving money on behalf of, or for account of, the people 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 u«e of any person not entitled thereto, without 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 in any account of, or relating to, any money so received by him ; or, 3. Fraudulently alters, falsifies, conceals, destroys or obliterates any such 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 mouey received by him as such officer, 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 mentioned 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 flue 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 becomes interested individually in such sale, lease or contract, directly or indirectly, 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. See, also, sees. 114 and 515 of Penal Code. Third Article. Of the apportionment of the state school moneys, and of other school moneys hy the school commissioners, and their payment to the supervisors '.^ § 27. The school commissioner, or commissioners of each Apportion- connty, shall proceed, at the county seat, on the third ^hooi° f Tuesday of March in each year, to ascertain, apportion moneys by i -i • • i i -i i i i c ^^ eommis- and divide the state and other school moneys as follows : sioners. 26 TITLE 3. Library moneys. Shall set apart moneys specially apportioned by the super- tendent. Return of unexpended moneys by supervisors. Returns from treasurer of fines and penalties. How appor- tioned. Apportion- ment of li- brary moneys according to aggregate attendance of children. Remaining moneys. Consolidated School Act of 1864. 1. They shall set apart any library moneys apportioned by the superintendent. 2. From the other moneys apportioned to the county, they shall set apart and credit to each separate neighbor- hood and school district the amount apportioned to it by the state superintendent, and to every district which did not participate in the apportionment of the previous year, and which the superintendent shall have excused, such equitable sum as he shall have allowed to it. 3. They shall procure from the treasurer of the county a transcript of the returns of the supervisors hereinafter required, showing the unexpended moneys in their hands applicable to the payment of teachers' wages and to library purposes, and 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 appor- tioned to the town for library moneys and teachers' wages, respectively. 4. They shall procure from the county treasurer a full list and statements 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 anj' adjoining county, which shall be entitled to participate therein as hereinafter specified, in propor- tion to the aggregate number of days of attendance of children in each between the ages of five and twenty-one years, as the same shall appear from the reports of the trustees for the last preceding school year. 6. They shall apportion in like manner and upon the same basis, until the apportionment of the year eighteen hundred and sixty-six, the remaining unapportioned moneys upon such school districts and parts of school districts. : As amended by chap. 602, Laws of 1887. Of Apportionment by School Commissioners. 27 rp-rrpr -pi o *7. In the apportionment of eighteen hundred and New ba8i8 ' eighty-nine, and in every subsequent apportionment, they in 1889. shall apportion all ot 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 aggregate number of days of attendance of the pupils resident therein, between the ages of five and twenty-one years, at their respective schools during the last preced- ing school year. The aggregate number of days in According to- attendance of the pupils is to be ascertained from the nlmbfror records thereof kept by the teachers as hereinafter pre- da y® of at - scribed, by adding together the whole number of days attendance of each and every such pupil in the district, or part of a district. 8. They shall then set apart to each town the moneys separate so set apart and apportioned to each separate neighbor- hoods. ° r hood ; to each district, the school-house of which is therein ; and to each part of a joint district therein the school-house of which is located in a city or in a town in an adjoining county. 9. They shall sign, in duplicate, a certificate, showing ^^ortfon- the amounts apportioned and set apart to each separate ment. neighborhood, school district and part of a district, and the towns in which they were situated, and shall designate therein the source from which each item of the aggregate to each district and town was derived ; and shall forth- with deliver one of said duplicates to the treasurer of the county and transmit the other to the superintendent of public instruction. 10. They shall certify to the supervisor of each town certify to the the amount of school moneys so apportioned to his town, and the portions thereof to be paid by him for library purposes and for teachers' wages, to each such distinct separate neighborhood, district and part of a district. § 28. If in their apportionment, through any error of Erroneous the commissioners, any district shall have apportioned to mint' how it a larger or a less share of the moneys than it is entitled remedied - to, the commissioners may in their next annual apportion- ment, with the approbation of the superintendent, correct the error by an equitable deduction from or augmentation of the share of such district. § 29. No district or part of a district shall be entitled what district to any portion of such school moneys on such apportion- public ment unless the report of the trustees for the preceding mone y s - *As amended by sec. 1, chap. 492, Laws of 18S1, and sec. 4, chap. 340, Laws of 1885, and chap. 60a, Laws of 1887. 28 TITLE 3. Supervisor to make appor- tionment and file the original. Supervisor to give bonds. In case of vacancy in office of supervisor. Refusal to give security a misde- CONSOLIDATED SCHOOL ACT OF 1864. school year shall show that a common school was sup- ported in the district and taught by a qualified teacher for such a term of time as would, under section seven of this title, entitle it to a distributive share under the appor- tionment of the superintendent. § 30. On receiving the certificate of the commissioners, each 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 moneys so apportioned to his town shall be paid to him immediately on his com- pliance with the requirements of the next section, and not before. * § 31. Immediately on receiving the commissioners' certificate 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 sureties, 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, condi- tioned 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 as aforesaid. Whenever the office 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 dis- bursement, safe-keeping and accounting for such moneys. But the execution of this bond shalt not relieve the super- visor from the duty of executing the bond first above mentioned. § 32. The refusal of a supervisor to give such security shall be a misdemeanor, and any fine imposed on his con- viction 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 * As amended by sec. 11, chap. 567, Laws of 1815. Disbursement of Moneys by Supervisors. 29 disbursed by some other officer or person to be designated C( ^y j a ^'„ e by the county judge, under such regulations and with may appoint such safeguards as he may prescribe, and the reasonable whonTthe compensation of such officer or person, to be adjusted by ™ p ° a rtand et the board of supervisors, shall be a town charge. apportioned 1 ° to the town shall be paid. TITLE IV. OF THE DISBURSEMENT OF THE SCHOOL MONEYS BY THE SUPERVISORS, AND OF SOME OF THEIR SPECIAL POWERS, DUTIES AND LIABILITIES UNDER THIS ACT. Section 1. The several supervisors continue vested with supervisors the powers and charged with the duties formerly vested of gospei ?l and in and charged upon the trustees of the gospel and school sch0Ql lot? - lots, and transferred to and imposed upon town super- intendents of common schools by chapter one hundred and eighty-six of the laws of one thousand eight hundred and forty-six. §2. The several supervisors continue vested with the powers under powers and charged with the duties conferred and imposed formeracts - upon the commissioners of common schools by the act of eighteen hundred and twenty-nine (chap. 287), entitled " An act relative to moneys in the hands of overseers of the poor." § 3. (Relating to the embezzlement of moneys by Repealed, supervisors, repealed by sec. 1, subdivision 39 of chap. 593, Laws of 1886.) Sections 470 and 471 of the Penal Code are applicable to such cases, and are printed page 25, ante. § 4. On the first Tuesday of March in each year, each To make a return of supervisor shall make a return in writing to the county moneys in treasurer for the use of the school commissioners, showing theirhaB 8 - the amounts of school moneys in his hands not paid out 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 thereafter 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 hereinbefore directed. § 5. (Providing a penalty for neglect of duty by a Repealed, supervisor, repealed by section 1, subdivision 39 of chapter 593, Laws of 1886.) Sections 470 and 471 of the Penal Code are applicable. See page 25, ante. 30 Consolidated School Act of 1864. TITLE 4. Supervisors' duties. How to dis- burse the school moneys for teachers' wages. Payment thereof to collector. Library money. To pay to the treasurer of a union free school district. To keep an account of all school mon- eys received and disburse- ments. - To enter on blank book receipts and disburse- ments. To file ac- count with the town clerk and notify his successor thereof. § 6. It is the duty of every supervisor : *1. To disburse the school moneys in his hands appli- cable to 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, or upon the order of a trustee of a separate neighborhood in favor of any teacher of a school in an adjoining state, recognized by him and patronized by the inhabitants of such neighborhood. Such teacher shall be deemed a qualified teacher. But whenever the collector in any school dis- trict shall have given bonds for the due and faithful per- formance of the duties of his office as such disbursing agent, as required by section eighty-three of title seven of this act, the said supervisor shall pay over to such col- lector all moneys in his hands applicable to the payment of teachers' wages in such district, and the said collector shall disburse such moneys so received by him upon such orders as are specified above, to the teachers entitled to the same. f 2. To disburse the library moneys upon, and only upon the 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 the school money apportioned thereto, whether for the payment of teachers' wages, or as library moneys, to the treasurer of such district, upon the order of its board of education. 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 disbursements of school moneys, specifying from whom and for what purposes they were received, and to whom and for what purposes they were paid out ; and to deliver the book 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 theretofore received by him and of all disburse- ments 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 * As amended by section 12. chapter 567, Laws of 1875, and section 1, chapter 175 Laws of 1890. t As amended by section 13, chapter 567, Laws of 1875. Of the Duties of the Town Clerk. 31 7. So soon as the bond to the county treasurer, by the To procure ' third article of the third title of this act required, shall predecssor's i i • i_ i. ■ j iiii account, and have been given by him and approved by the treasurer, demand and to deliver to his predecessor the treasurer's certificate of moneys, 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 remaining in his hands. 8. Upon receiving such a certificate from his successor, tosuccessoT and not before, to pay to him all school moneys remaining: moneys re- i • i i i - n i • i in t -r- • i maimng in m his hands, and to forthwith hie the certificate in the his hands. town clerk's office. 9. By his name of office, when the duty is not elsewhere To sue for imposed by law, to sue for and recover penalties and for- penalties and feitures imposed for violations of this act, and for any forfeiture8 - default or omission of any town officer or school district board or officer under this act ; and after deducting his £o report costs and expenses to report the balances to the school commis- commissioner. sioner. 10. To act, when thereto legally required, in the erec- Erection or tion or alteration of a school district, as in the sixth title a school of this act provided, and to perform any other duty which dlstnct - may be devolved upon him by this act, or any other act relating to common schools. TITLE V. OF THE DUTIES OF THE TOWN CLERK UNDER THIS ACT. Section 1. It shall be the duty of the town clerk of J^jf B cl ° e f rk 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 of or injury to any of them which may happen. 2. To receive from the supervisors the certificates of apportionment 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 districts and separate neighborhoods of the filing of each such certificate. * 4. To see that the trustees of the school districts and to°report erk separate neighborhoods make and deposit with him their ^^officers 8 ' annual reports within the time prescribed by law, and to to commis- deliver them to the school commissioner on demand ; and 81 to furnish the school commissioner of the school commis- sioner district in which his town is situated the names * As amended by sec. 5, chap. 647, Laws of 1865. 32 Consolidated School Act of 1864. TITLE 5. To distribute blanks, books and circulars from superin- tendent of public in- struction. Account to be be kept by. To record description of school district. To preserve records of dissolved district. Clerk's charges and expenses. and post-office address of the school district officers reported to him by the district clerks. *5. To distribute to the trustees of the school districts and separate neighborhoods all books, blanks and circulars which shall be delivered or forwarded to him by the state superintendent or school commissioner for that purpose. 6. To receive from the supervisor, and record in a book kept for that purpose, the annual account of the receipts and disbursements of school moneys required to be sub- mitted to the town auditors, together with the action of the town auditors thereon, and to send a copy of the account and of the action thereon, by mail, to the superintendent of public instruction, whenever required by him, and to file and preserve the vouchers accompanying the account. 7. To receive and to record, in the same book, the supervisor's final account of the school moneys received and disbursed by him, and deliver a copy thereof to such supervisor's successor in office. 8. To receive from the outgoing supervisor, and file and record in the same book, the county treasurer's certificate, that his successor's bond has been given and approved. 9. To receive, file and record the descriptions of the school districts and neighborhoods, and all papers and pro- ceedings delivered to him by the school commissioner pursuant to the next title of this act. 10. To act, when thereto legally required, in the erec- tion or alteration of a school district, as in the next title of this act provided. f 11. To receive and preserve the books, papers and records of any dissolved school district, which shall be ordered, as hereinafter provided, to be deposited in his office. 12. To perform any other duty which may be devolved upon him by this act, or by any other act touching com- mon schools. § 2. The necessary expenses and disbursements of the town clerk in the performance of his said duties, area town charge, and shall be audited and paid as such. * As amended by sec. fi, chap. 831, Laws of 1888. t Original subdivision 11 stricken out by sec. 18, chap. 647 subdivisions 12 and 13, numbered 11 and 12, respectively. Laws of 1865, and Formation and Alteration of School Districts. 33 TITLE 6. TITLE VI. OF THE FORMATION, DISSOLUTION AND ALTERATION OF SCHOOL DISTRICTS AND SEPARATE NEIGHBORHOODS. Section 1. It shall be the duty of each school commis- commission- sioner, in respect to the territory within his district : respect to m 1. To divide it, so far as practicable, into a convenient ^st°r?cts. number of school districts, and alter the same as herein provided ; 2. In conjunction with the commissioner or commis- Jo set off sioners of an adjoining school commissioner district or tricts. dls " districts, to set off joint districts, composed of adjoining parts of their respective districts ; 3. To set off by itself any neighborhood adjoining any To set off other state of the Union, where it shall be found most h»od hbor ' convenient for the inhabitants to send their children to a school in such adjoining state ; 4. To describe and number the school districts, and To number joint districts, and to deliver, in writing, to the town d?str1cts. ribe clerk, the description and number of each district lying in whole or in part in his town, together with all notices, consents and proceedings relating to the formation or alteration thereof, immediately after such formation or alteration. Every joint district shall bear the same num- ber in every school commissioner district of whose territory it is in part composed. 5. To deliver to the town clerk of the town in which to deliver it lies, in whole or in part, a description of each such operate separate neighborhood. neighbor- * § 2. With the written consent of the trustees of all M ° a ° aIter dis . the districts to be affected thereby, he may, by order, trictswitn alter any school district within his jurisdiction, and fix, trashes. *" by said order, a day when the alteration shall take effect. f § 3. If the trustees of any such district refuse to con- when trus- sent, he may make and file with the town clerk his order t( ? e8 1 ' efase t0 making the alteration, but reciting the refusal, and direct- gl ing that the order shall not take effect, as to the dissenting district or districts, until a day therein to be named, and not less than three months after the notice in the next section mentioned. ^ § 4. Within ten days after making and filing such order Procedure on he shall give at least a week's notice in writing to one or trast^to ° f more of the assenting and dissenting; trustees of anv dis- the alteration 12 _ ' of a school * As amended by sec. 5, chap. 406, Laws of 1867. district. t As amended by sec. 6, chap. 406, Laws of 1867. t As amended by sec. 6, chap. 647, Laws of 1865. 34 TITLE 6. Fees of super- visor and town clerk. Formation of joint districts. Alteration or dissolution of a joint district. Consolida- tion of districts. Supervisor to sell property of annulled districts. Consolidated School Act of 1S64. trict or districts to be affected by the proposed alterations, that at a specified time, and at a named place within the town in which either of the districts to be affected lies, he will hear the objections to the alteration. The trus- tees of any district to be affected by such order may request the supervisor and town clerk of the town or towns within which such district or districts shall wholly or partly lie, to be associated with the commissioner. At the time and place mentioned in the notice the com- missioner or commissioners, with the supervisors and town clerks, if they shall attend and act, shall hear and decide the matter; and the decision shall be final unless duly appealed from. Such decision must either confirm or vacate the order of the commissioner, and must be filed with and recorded by the town clerk of the town or towns in which the district or districts to be affected shall lie. § 5. The supervisor and town clerk shall be entitled each, to one dollar and fifty cents a day, for each day's service in any such matter, to be levied and paid as a charge upon their town. § 6. Whenever it may become necessary or convenient to form a school district out of parcels of two or more school commissioner districts, the commissioners of such districts, or a majority of them, may form such district ; and the commissioners within whose districts any such school district lies, or a majority of them, may alter or dissolve it. § 7. If a school commissioner, by notice in writing, shall require the attendance of the other commissioner or commissioners, at a joint meeting for the purpose of alter- ing or dissolving such a joint district, and a majority of all the commissioners shall refuse or neglect to attend, the commissioner or commissioners attending, or any one of them, may call a special meeting of such school district for the purpose of deciding whether or no such district shall be dissolved ; and its decision of that question shall be as valid as though made by the commissioners. § 8. When two or more districts shall be consolidated into one, the new district shall succeed to all the rights of property possessed by the annulled districts. * § 9. When a district is parted into portions, which are annexed to other districts, its property shall be sold by the supervisor of the town within which its school-house is situate, at public auction, after at least five days' notice, *.As amended by sec. 14, chap. 567, Laws of 1875. Formation and Alteration of School Districts. 35 by notices posted in three or more public places of the TITLE 6 - town in which the school-house is, one of which shall be posted in the district so dissolved. The supervisor, after deducting the expenses of the sale, shall apply its pro- ceeds to the payment of the debts of the district, and apportion the residue, if any, among the owners or pos- sessors 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. § 10. The supervisor of the town within which the ®" e pe f ™„ t . t0 school-house of the dissolved district was situate may standing demand, sue for, and collect, in his name of office, any monevs - money of the district outstanding in the hands of any of its former officers, or any other person ; and, after deduct- ing his costs and expenses, shall report the balance to the school commissioner who shall apportion the same equit- ably among the districts to which the parts of the dis- solved districts were annexed, to be by them applied as their district meetings shall determine. § 11. Though a district be dissolved, it shall continue Dissolved dis- , • , • t ° <• , i r< . -i . /. -i tiict to exist to exist m law, for the purpose of providing for and pay- in law for set- ing all its just debts ; and to that end the trustees and aglirs! 1 ° f lts other officers shall continue in office, and the inhabitants may hold special meetings, elect officers to supply vacan- cies, and vote taxes ; and all other acts necessary to raise money and pay such debts shall be done by the inhab- itants and officers of the district. §12. The commissioner, or a majority of the commis- Re c° r ds, etc., sioners in whose district or districts a dissolved school dis- posited with trict was, shall by his or their order in writing, delivered town clerk ' to the clerk of the district, or to any person in whose pos- session 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 Penalty for refusal to obey the order, shall forfeit fifty dollars, to be obey 3 commis- applied to the benefit of common schools of said town. sloner,80rder - The commissioner or commissioners shall file a duplicate of the order with such clerk. 36 Consolidated School Act of 1864. TITLE 7. Commission- er to describe new district? and appoint a time for first meeting. Notice of such meeting. Notice of such meeting When com- missioner may call meeting. Penalty for refusal to give notice. Special' meetings. TITLE VII. of school district and neighborhood meetings, and of the choice, duties and powers of school district and neighborhood officers. First Article. Of school district and neighborhood meetings, the voters and their powers generally. Section 1. Whenever any school district or separate neighborhood 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 or neighborhood, and appointing a time and place for the first district or neighborhood meeting, and deliver such notice to a taxable inhabitant of the district or neighborhood. "1"!^ § 2. It shall be the duty of such inhabitant to notify every other inhabitant of the district or 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. § 3. In case such meeting shall not be held, and in the opinion of the commissioner 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 district or neighborhood, who shall serve it as hereinbefore provided. § 4. When the clerk and all the trustees of a school district shall have removed from the district, or their office shall be vacant, so that a special meeting cannot be called, as hereinafter 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 meeting shall be delivered for service, pursuant to any provision 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 when- ever called by the trustees. The notice thereof shall state the purposes for which it is called, and no business shall be transacted at such special meeting, except that * As amended by sec. 15, chap. 567, Laws of 1875. Or School Districts, Meetings, etc. 37 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 A" n " a L m ^- ■* nil* i * mg nitty pre* inhabitants of any district may, at any annual meeting, scribe man- adopt a resolution prescribing some other mode of giving notice for Vin notice of special meetings, which resolution and the mode Stings, prescribed thereby shall continue in force until rescinded or modified at some subsequent annual meeting. § 7. The proceedings of no neighborhood or district ^^"Ipt meeting, annual or special, shall be held illegal for want in case of of a due notice to all the persons qualified to vote thereat, neglect, unless it shall appear that the omission to give such notice was willful and fraudulent. * § 8. The annual meeting of each neighborhood shall £^od neis:h * be held on the fourth Tuesday of A ugust in each year, at the school meet- hour and place fixed by the last previous neighborhood anff'where 1 meeting, or, if such hour and place have not been so fixed, held - then the same shall be held in the school-house at seven thirty o'clock in the evening. If a neighborhood possesses more than one school-house, it shall be held in the one usually used for that purpose, unless the trustees designate in the notice another. If there is no school building, or . if the school-house shall be no longer accessible, then at such other place as the trustees, or, if there be no trustees, the clerk shall in the notice designate. f § 9. The annual meeting of each school district shall j^oofdis- be held the fourth Tuesday of August in each year, and trict meet-^ unless the hour and place thereof shall have been fixed by ana 'where a vote of a previous district meeting, the same shall be held- 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 school-house shall be no longer accessible, then the annual meeting shall be held at such place as the trustees, or, if there be no trustee, the clerk shall designate in the notice. § 10. "Whenever the time for holding the annual meet- ^° e c n ed t u h r | iner in school districts, shall pass without such meeting annual meet- _S 1 L 5 i n g has not * As amended by sec. 7, chap. 647, Laws of 1865, and by sec. 2, chap. 413, Laws of been held. 1883, and by sec. 2 of chap. 245, Laws of 1889, and by sec. 3, chap. 500, Laws of 1893. t As amended by see. 16, chap. 567, Laws of 1875, and by sec. 3, chap. 413, Laws of 1883, and by sec. 3, of chap. 245, Laws of 1889, and by sec. 4, chap. 500, Laws of 1893. 38 Consolidated School Act of 1864. TITLE Duty of inhabitants when meet- ing is called. Voters; their qualifica- tions. Unqualified voters. Challenge. being held in any district, a special meeting shall there- after be called by the trustees or by the clerk of such district for the purpose of transacting the business of the annual meeting ; and if no such meeting be called by the trustees or the clerk within twenty days after such time shall have passed, the supervisor or the superintendent of public instruction may order any inhabitant of such dis- trict to give notice of such meeting in the manner pro- vided in the second section of this title, and the officers of the district shall make to such meeting the reports required to be made at the annual meeting, subject to the same penalty in case of neglect ; and the officers elected at such meeting shall hold their respective offices only until the next annual meeting and until their successors are elected and shall have qualified as in this act provided. § 11. Whenever any district or neighborhood meeting shall be duly called, it shall be the duty of the inhabitants qualified to vote thereat, to assemble at the time and place fixed for the meeting. . * § 12. Every person of full age residing in any neigh- borhood or school district, and entitled to hold lands in this state, who owns or hires real property in such neigh- borhood or school district liable to taxation for school pur- poses, and every resident of such neighborhood or district who is a citizen of the United States above the age of twenty-one years, and who is the parent of a child or children of school age, some one or more of whom shall have attended the district school for a period of at least eight weeks within one year preceding, and every such person not being the parent who shall have permanently residing with him or her such child or children, and every such resident and citizen as aforesaid, who owns any per- sonal 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 such neighborhood or district. § 13. If any person offering to vote at any neighbor- hood or school district meeting shall be challenged as unqualified, by any legal voter in such neighborhood or district, the chairman presiding at such meeting shall require the person so offering, to make the following declaration : " I do declare and affirm that I am an actual resident of this school district (or separate neighborhood), and that I am qualified to vote at this meeting." And *As amended by sec. 7, chap. 406, Laws of 1867, and bv sec. 2, chap. 492. Laws of 1881, and by see. 1, chap. 655, Laws of 188G. Of School Districts, Meetings, etc. 89 TTTT ~W 7 every person making such declaration shall be permitted Declarations, to vote on all questions proposed at such meeting ; but if any person shall refuse to make such declaration, his vote shall be rejected. * § 14. Any person who, upon being so challenged, shall illegal vot- willfully make a false declaration of his right to vote at in? ' etc " any such meeting, shall be deemed guilty of a mis- demeanor, and punished by imprisonment in the county jail for not less than six months nor more than one year. 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. § 15. The inhabitants of any neighborhood entitled to Powers of Y i i i i ■ t i , • ,i neighborhood vote, when assembled in any annual meeting or any other meeting, neighborhood meeting duly called by the commissioner, pursuant to the first or third sections of this title, shall have power by a majority of the votes of those present : 1. To appoint a chairman for the time being. 2. To choose a neighborhood clerk and one trustee, and to fill vacancies in office. § 16. The inhabitants so entitled to vote, when duly Powers of assembled in any district meeting, shall have power, by meeting. a majority of the 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 the time. 3. To adjourn from time to time as occasion may require. I"f4r. To choose one or three trustees as hereinafter provided, a district clerk, a district collector, a librarian, at their first meeting, and so often as such offices or any of them become vacated, except as hereinafter provided. Said district officers shall be elected by ballot. The per- sons having the majority of votes, respectively, for the severed offices, shall be elected, except in school districts in which the election of officers is made under and pursuant to the provisions of chapter two hundred and forty-eight of the Laws of eighteen hundred and seventy-eight, and the acts amendatory thereof. 5. To fix the amount in which the collector shall give Amountof bail for the due and faithful performance of the duties of D aii!f tor,B his office. * Note.— See chap. 692, Laws of 1893, to take effect Oct. 1, 1893, amending Penal Code. § 41k, subdivision. 18, willfully makes a false declaration of his right to vote at a neighborhood or school district meeting, after his right to vote thereat chal- lenged, is guilty of a misdemeanor. \ As amended by sec. 5, chap. 500, Laws of 1893. t Note. — In relation to election of trustees in districts having over 300 children of school age, see chap. 248, Laws of 1878, page 129, post. 40 TITLE 7. Sites. Tax for sites, etc. Tax for ap- paratus and text-books. Tax for dis- trict library. For defi- ciency. Insurance on school-house. To replace moneys em- bezzled; and to pay costs of suits and appeals. Tax for con- tingencies. Tax for teachers' wages. Consolidate© School .Actof 1864:. * 6. To designate a site for a school-house, or, with the consent of the commissioner or commissioners within whose district or districts the school district lies, to desig- nate sites for two or more school-houses for the district. _ f 7. To vote a tax upon the taxable property of the dis- trict, to purchase, lease or improve such site or sites, and to hire, build or purchase such school-houses, and to keep in repair and furnish the same with necessary fuel and appendages. 8. To vote a tax, not exceeding twenty-five dollars in any one year, for the purchase of maps, globes, black- boards and other school apparatus, and for the purchase of text-books and other school necessaries for the use of poor scholars of the district. X 9. To vote a tax, not exceeding ten cioiiars in any one year, for the purchase of such books as they shall direct for the district library, and such further sum as they may deem necessary for the purchase of a book-case. 10. To vote a tax to supply a deficiency in any former tax arising from such tax, being, in whole or in part, uncollectible. 11. To authorize the trustees to cause the school-house or school-houses, and their furniture, appendages and school apparatus to be insured by any insurance com- pany created by or under the laws of this state. 12. To alter, repeal and modify their proceedings from time to time, as occasion may require. 13. To vote a tax for the purchase of a book for the purpose of recording their proceedings. 14. To vote a tax to replace moneys of the district, lost or embezzled by district officers ; and to pay the reasonable expenses incurred by district officers in defending suits or appeals brought against them for their official acts, or in prosecuting suits or appeals by direction of the district against other parties. 15. To vote a tax, not exceeding twenty-five dollars in each year, for anticipated deficiencies or contingencies, or to pay the wages of teachers in anticipation of the ordi- nary collections for that purpose, to be replaced by such collections when made. I 16. To vote a tax to pay whatever deficiency there- may be in teachers' wages after the public money appor- * Note. — To acquire title to sites, see chap. 800, Laws of 1866, as amended, on page 122, post. t As amended by sec. 7, chap. 567, Laws of 1875. % See title 8. as adopted by chap. 573, Laws of 1892, relative to libraries. [ This subdivision added by sec. S. «hap. 406, Laws of 1867. Of School Districts, Meetings, etc. 41 TTTT "F 1 7 tioned to the district shall have been applied thereto ; but if the inhabitants shall neglect or refuse to vote a tax for this purpose, or if they shall 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 district tax, any reasonable sum that may be necessary to pay the balance of teachers' wages remaining unpaid, 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 any Tax to pay judgment or judgments of a competent court which may teachers' ° r have been or shall hereafter be obtained in an action wages. 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 highest resort ; but if the inhab- Trustees to itants shall neglect or refuse to vote a tax for this purpose ouYvoteoV 1 or if they vote a tax which shall prove insufficient to distnct - 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 trustees are hereby authorized and Trustees to it is hereby made their duty forthwith, after the expira- cal1 meetin s- tion of thirty days from notice of any judgment or judg- ments having been entered against the district or the trustees thereof for unpaid teachers' wages, to call a meet- ing of the inhabitants of said district, who shall have power as aforesaid to vote a tax to pay said judgment or judgments, 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. 1" 18. In all propositions arising at said district meet- Method of ings involving the expenditure of money, or authorizing propositions the levy of a tax or taxes, the vote thereon shall he by [„r e olmoney ballot, or ascertained by taking and recording the ayes ? nd autnoriz- and noes of such qualified voters attending and voting at o" S a tax. ev such district meetings. *ThisJsubdivision added by sec. 1, chap. 632, Laws of 1881. f Added to section 16 by sec. 6, chap. 500, Laws of 1893. 42 Consolidated School Act of 1864. TITLE 7. Second Article. Of district school-houses and sites. loraSnof. 80 ' § IT. No school-hoase shall be built so as to stand, in whole or in part, upon the division line of any two towns. StTrbuIfd- * § 18> No tax voted b > Ta district meeting for building, ing school- hiring or purchasing a school-house, exceeding the sum of ing $5oo with- five hundred dollars, shall be levied by the trustees unless of echooicom- tne commissioner in whose district the school-house of miusioner. said district is situated shall certify , in writing, his approval Plans to be of such larger sum. And no school-house shall be built approved. ^ ar) y sctiool district of this State until the plan of such school-house, so far as ventilation, heat and lighting is concerned, shall be approved in writing by said school commissioner. But nothing herein contained shall invali- date any tax that shall or may be hereafter levied for building or repairing school-houses which in other respects comply with existing statutes, f Tax may be ±8 19. Whenever a majority of all the inhabitants of levied m in- T « • i -i ,; • etaiiments. any school district entitled to vote, to be ascertained by taking and recording the ayes and noes of such inhab- itants attending at any annual, special or adjourned school district meeting, legally called or held, shall determine that the sum proposed and provided for in the next pre- ceding 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 inhabitants ; but the payment or collec- tion of the last installment shall not be extended beyond ten years from the time such vote was taken ; and no vote to levy any such tax shall be reconsidered except at an adjourned, general or special meeting to be held within thirty days thereafter, and the same majority shall be required for reconsideration that was had to impose such Trustees may tax. For the purpose of giving effect to these provisions, trustees are hereby authorized, whenever a tax shall have been voted to be collected in installments for the purpose * As amended by sec. 9, chap. 406, Laws of 1867, and by sec. 1, chap. 528, Laws of 1881, and by sec. 1, chap. 394, Laws of 1S83. t Plans for school buildings will be furnished. See chap. 675, Laws of 1887, on page 132, post. % As amended by sec. 18, chap. 567. Laws of 1875, and by sec. 2, chap. 528, Laws of 1881. Of District School-houses and Sites. 43 TITT "F 7 of building a new school-house, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding six per cent, and to issue bonds or other May issue 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 at least ten days prior thereto. * § 20. So long as a district shall remain unaltered, the Provisions in site of a school-bouse owned by it, upon which there is a change of school -house erected or in process of erection, shall not g^ 001 " 1101186 be changed, nor such school-house be removed, unless by the consent, in writing, of the school commissioner hav- ing jurisdiction ; nor with such consent, 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 be in favor of such new site. § 21. Whenever the site of a school-house shall have ppft^^of been changed, as herein provided, the inhabitants of a lot and appur- district entitled to vote, lawfully assembled at any district tenauces - 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 executed 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 t s ^ u c ^ id f °r a . sale for the consideration money, or any part thereof, the tion money, trustees are hereby authorized to take in their corporate name such security by bond and mortgage, or otherwise, for the payment 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. § 22. All moneys arising from any sale made in pur- M ° n f e r y^[ h s e ' suance of the last preceding section shall be applied to safe to be ap- the expenses incurred in procuring a new site, and in ff uses?etc W * As amended by sec. 8, chap. 647, Laws of 1865, and by sec. 4, of chap. 331, Laws of 1888.; 44 Consolidated School Act of 1864. TITLE Trustees who may not hold the offlee of. District officer must reside in the district. Terms of office. Officers ol new districts. School trus- tees, number, how fixed and elected. Annual elections. removing or erecting thereon a school-bouse and improv- ing and furnishing such site and house, and their append- ages, 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. Third Article. Of the qualification, election, choice and terms of office of district and neigliborhood officer 's," and of vacancies in such offices. § 23. No school commissioner or supervisor is eligible to the office of trustee, nor can either be a member of any board of education within his district or town ; and no trustee can hold the office of district clerk, collector or librarian. * § 24. Every district and neighborhood officer must be a resident of his district or neighborhood, and qualified to vote at its meetings. § 25. From one annual meeting to the next is a year, within the meaning of the following provisions : The term of office of a trustee of a neighborhood, and 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 and neighborhood officers is one year. Every district and neighborhood officer shall hold his office unless removed, during his term of office, and until his successor shall be elected or appointed. f § 26. The terms of all officers elected at the first meet- ing of a newly erected neighborhood or district, except of a union free school district, shall expire on the foicrth Tuesday of August, next thereafter. X § 27. On the fourth Tuesday of August next after the erection of a district, at its first annual meeting, the electors shall determine by resolution, whether the dis- trict shall have one or three trustees, and if they resolve to have three trustees, shall elect the three for one, two and three years, respectively, and shall designate by their votes, for which term each is elected ; thereafter in such district, one trustee shall be elected at each annual meeting *See also chap. 9. Laws of 1880, on page 150, post, entitled "An act to declare women eligible to serve as school trustees." t As amended by sec. 4, chap. 413, Laws of 1883, and by sec. 4 of chap. S45 Laws of 1889, and by sec. 7, chap. 50U, Laws of 1893. % As amended by chap. 173, Laws of 1878, and by sec. 5, chap. 413, Laws of 1883, and by sec. 5 of chap. 245, Laws of 1889. and by sec. 8, chap. 500, Laws of 1893. Of the Qualifications, etc., of School Officers. 45 to fill the office of the outgoing trustee. The electors of N Jmberf how any district having three trustees, shall have power to reduced.' 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 expiration of their terms of office or otherwise, and thereafter but one trustee shall be elected for said district, until the electors of a district having decided to have but one Number, how trustee shall determine at an annual meeting, by a two- lucrease • 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 elect 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 meet- ing 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. * § 28. It shall be the duty of the district clerk, and of Jg* to^ the neighborhood clerk, or of any person who shall act as sons elected clerk at any district or neighborhood meeting, when any to ° mce " officer shall be elected, forthwith to give the person elected notice thereof in writing ; and such person shall tn^einslh be deemed to have accepted the office, unless, within five days after the service of such notice, he shall file his written refusal of it 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. § 29. The collector vacates his office bv not executing collector ii i i • n • i iji vacates his a bond to the trustees, as hereinafter required, and the office by not trustees may supply the vacancy. bon C d UtlDS f § 30. In case the office of a trustee shall be vacated by ^cancy in his death, refusal to serve, incapacity, removal from the trustee, how district or neighborhood, or by his being removed from fi the office, or in any other manner, and the vacancy be not supplied by a district or neighborhood meeting within one month thereafter, the school commissioner of the commissioner district, within which the school-house or principal school-house of the district is, or within which "* As amended by sec. 11, chap 406, Laws of 1867. t As amended by sec. 7 of chap. 331, Laws of 1888. 4(3 Consolidated School Act of 1S6-A. TITLE ** the neighborhood or any part thereof is, may, by a writing under his hand, appoint a competent person to fill it. dut gle or 0f § ^ trustee wno publicly declares that he will not refusal to accept or serve in the office of trustee, or who refuses or office. vacates neglects to attend three successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees, or trustee, where there are but two, vacates his office by refusal to serve. fliuacaucieY § 32. Any vacancy in the office of district clerk, col- offl° ther lector, or librarian, may be supplied by appointment under the hands of the trustees of the district, or a majority of them, and the appointees shall hold their respective offices until the next annual meeting of the district, and until others are elected and take their places. toTaied 6111 *§ 33 - Every appointment to fill a vacancy shall be with district forthwith filed, by the commissioner or trustees making it, in the office of the district clerk, who shall immediately give notice of the appointment to the person appointed. re e fu a ait'to 0r § 34. Every person chosen or appointed to a school j^-vft or neg- district office, 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 forfeit the sum of ten dollars. These penalties are for the benefit of common schools of the town. m'ieskJifeT" t § 35. But the commissioner of the district wherein resignation an y sucn P erson resides may accept his written resignation of the office, and the filing of such resignation and accept- ance in the office of the district clerk shall be a bar to the recovery of either penalty in the last preceding section ^ a ™g y t ^® clig _ mentioned ; or such resignation may be made to and trict meeting, accepted by a district meeting. Fourth Article. Of the duties of the neighborhood clerk ; and of the district clerk and librarian. ?e U ighb o f r- § 36. The neighborhood clerk shall keep a record of the hood clerk proceedings of his neighborhood, and of the reports of the trustee, and deliver the same to his successor. In case such neighborhood shall be annexed to a district within the state, its records shall be filed in the office of the clerk of such district. * As amended by sec. 8 of chap. 331, Laws of 1888. t As amended by sec. 9, chap. 331, Laws of 188S. Duties of ,Clerks and Librarian. 47 § 37. It shall be the duty of the clerk of each school cierk of district : trict5 nis 1. To record the proceedings of his district in a book duties. to be provided for that purpose by the district, and to proceedings enter therein true copies of all reports made by the trus- rg^,?." 1 - 61 " tees to the school commissioner. record book. 2. To give notice, in the manner prescribed by the To give notice sixth section of this title, or by the inhabitants, pursuant to such section, of the time and place of holding special district meetings called by the trustees. 3. To affix a notice in writing of the time and place of £° ti *f^ f any adjourned meeting, when the meeting shall have adjourned been adjourned for a longer time than one month, in at mee ing- least four 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 tu every person elected ^ ° n n £] e f c ^ e p d er " or appointed to office of his election or appointment ; and and report the also to report to the town clerk of the town in which the post-office school-house of his district is situated, the names and post- tuc^officerf office address of such officers, under a penalty of five t0 town clerk - dollars for neglect in each instance. 6. To notify the trustees of every resignation duly resignations accepted by the supervisor. 7. To keep and preserve all records, books and papers To ke J e P a11 J * * *- records unci belonging to his office and to deliver the same to his sue- penalty for cessor. For a refusal or a neglect so to do, he shall forfeit neglect - fifty dollars for the benefit of the district, to be recovered by the trustees. 8. In case his district shall be dissolved, to obey the order of the commissioner or commissioners as to deposit- ing the books, papers and records of his office in the town clerk's office. 9. To attend all meetings of the board of trustees when mee^Vn^of 1 notified, and keep a record of their proceedings in a book trustees. provided for that purpose. 10. To call special meetings of the inhabitants when- To cal1 8 P ecial n i r l t i n i i meetings. ever all the trustees of the district shall have vacated their office. § 38. The librarian, subject to the provisions of this Librarian - act, shall have the charge and supervision of the district library. * As amended by sec. 10, chap. 647, Laws of 1865. 48 Consolidated School Act of 1864. TITLE 7. Schools free to pupils over five and under twenty-one years. Non-resi- dents may be admitted. Tuition of non-resident pupils. No Indian pupils admitted. Qualified teachers, what con- stitutes. Unqualified teachers can- not be paid by public money or district tax. Fifth Article. Of the pupils and teachers. * § 39. Common schools in the several school districts of this state shall be free to all persons over five and under twenty-one years of age residing in the district as hereinafter provided ; but non-residents 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-reeident pupils, their parents or guardians shall be liable to be taxed 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-resident pupil, his parent or guardian, during the current school year, shall be deducted from the charge for tuition, f X || § 40. If a school district include a portion of an Indian reservation, whereon a school for Indian children has been established by the superintendent of public instruction, and is taught, the school of the district is not free to Indian children resident in the district or on the reserva- tion, nor shall they be admitted to such school except by the permission of the superintendent. **§ 41. No teacher is a qualified one, within the mean- ing of this act, unless he possesses an unannulled diploma granted to him by the state normal school, or an unre- voked and unannulled certificate of qualification given to him by the superintendent of public instruction, or an unexpired certificate of qualification given to him by the school commissioner within whose district he is employed or by the school officer of the city or village in which he is employed, authorized by special act to grant such certifi- cate. After August twentieth, eighteen hundred and eighty-five, no person shall be deemed to be qualified who is under the age of sixteen years.ff XX § 42. No part of the school moneys apportioned to a district can be applied or permitted to be applied to the payment of the wages of an unqualified teacher nor can ♦As amended by sec. 3, cbap. 528, Laws of 1881. + Note. — Compulsory education act on page 95, post. % Notb.— Vaccination of children. See chap.661 , Laws of 1893, on page 13S, post. I Note.— See chap. 413, Laws of 1884, page 134, post. ** As amended by 6ec. 7, chap. 340, Laws of 1885. tt Notk.— Examination in physiology and hygiene required by chap. 30, Laws ot 1884, on page 150, post. %% As amended by sec. 12, chap. 406, Laws of 1867. Note.— When children may be taught in an adjoining district. See chap. 219, Laws of 1877, on page 133, post. Of the Trustees, their Powers and Duties. 49 title 7. his wages, or any part of them, be collected by a district tax. § 43. Any trustee who applies, or directs, or consents ^^ pay- to the application of any such money to the payment of unqualified an unqualified teacher's wages, thereby commits a misde- mfsde™ a meanor ; and any fine imposed upon him therefor shall be meanor - for the benefit of the common schools of the county. § 44. Teachers shall keep, prepare and enter in the ^|| ch ]f^ s § books provided for that purpose, the school lists and attendance, accounts of attendance 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. Sixth]|Article. Of the^trustees, their powers and duties • and of school taxes and annual reports. § 45. All property which is now vested in, or shall etc - school-room by arrangement with the teacher or otherwise. gchooi°lom. They shall provide the bound blank-books for the entering Books for of their accounts and the keeping of the school lists, the accounts, records of the district and the proceedings of district and trustee meetings, and they may expend in the purchase Dictionary, of dictionary, maps, globes or other school apparatus, a etc Partus ' sum not exceeding fifteen dollars in any one year. When- ever it shall be necessary for the due accommodation of Temporary the children of the district, by reason of any considerable schools and number of said children residing in portions of said dis- ecnool - room8 - tricts 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 over-crowded, or for any other sufficient reason the due accommodation of said children cannot be made in said school-house, they may establish temporary or branch school or schools in such place or places in said district as shall best accommodate 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 conducting such school or schools therein. Any expenditure made or liability incurred in pursuance of this section shall be a charge upon the district.* § 51. When trustees are required or authorized bv law, May raise 1 i. Cj.I'tj.-^x- ■ e ■ any legal sum or by a vote or their district, to incur any expense tor by tax. 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 bv a district meeting. * Note. — To maintain separate water-closets. Chap. 538, Laws of 1887, on age 135, post. 54 TITLE 7. School-house by consent of trustee may- be used for instruction in any branch of learning or music. Trustees to procure account books, etc. Teacher must keep list? and verify record, and trustees shall not pay teacher until record is verified. To notify the treasurer and superin- tendent of money with- held by supervisor or collector. To reuder an account of all moneys re- ceived and paid, etc. Consolidated School Act of 1864. § 52. The trustees, or any one of them, if not forbidden by another, may freely permit the school-house, when not in use for the district school, to be used by persons assem- bling 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 district, and, when necessary, others in their place. 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 teachers shall enter the names of the pupils attending school, their ages, the names of the per- sons who send them, and the number of days each pupil attends ; and, also, the facts and the dates of each inspec- tion 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 affirmation 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 for any por- tion of his wages. f § 54. If any portion of the moneys apportioned to the district shall not be paid by the supervisor or the collector,, upon the due requirement of the trustees, they shall forth- with notify the treasurer of the county, and the superin- tendent of public instruction, of the fact. § 55. The trustees shall, once in each year, render to- the district, 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, 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 the supervisor, col- lector, or other custodian of moneys of the district ; and a full statement of all suits and proceedings brought by * As amended by sec. 15, chap. 406, Laws of 1867. t As amended by sec. 5, chap. 175, Laws of 1890. Or the Trustees, their Powers and Duties. 55 or against them, and of every special matter touching the condition of the district. § 56. An outgoing trustee shall forthwith pay, to his r ^ t |° in f succcessor or any other trustee of the district in. office, pay any bai- any such unexpended balance, or part of such balance, successor. 9 remaining in his hands. * § 57. (Provided a penalty for neglect or refusal to Penalty for render account. Repealed by section 1, subdivision 39 of giect to°ren- e " chapter 593, Laws of 1886.) der account. § 58. By a willful neglect or refusal to render such Forfeits Ms account, a trustee also forfeits, any unexpired term of his offlce ' etc- office, and becomes liable to the trustees for any district moneys in his hands. §59. The trustees in office shall sue for and recover Trustee to any district moneys in the hands of any former trustee, me/tmstee. or of his personal representatives, and apply them to the use of the district. f § 60. The trustees of each school district shall, between to report to the twenty-fifth day of July and the first Tuesday of KSfftT August, in the year eighteen hundred and ninety-three, ^y ofjuiy 1 make to the school commissioner a report in writing, and the first dated on the twenty-sixth day of July j and on the first ^C\m%a& day of August in each year thereafter, make to the school ° t n August 7 commissioner a report in writing for the period ending a n )nual I y with the date of such report / such report to cover the month of August in the 'preceding year. In every case the trustee or trustees shall sign and certify to said report and deliver it to the clerk of the town in which the school- house of the district is situated ; and every such report shall certify : % 1. The whole time any school has been kept in their items of an- t . . i . , J i . I-, r . ,i nual report. district during the year ending on the day previous to the date of such 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. T 2. The amount of their drafts upon the supervisor or Amount or collector, for the payment of teachers' wages during such guper V uo° D or year, and the amount of their drafts upon him for the collector, purchase of books and school apparatus during such year, and the manner in which such moneys have been expended. * Sections 470 and 471 of Penal Code applicable to such violations of law. See page 25, ante. t As amended by sec. 16, chap. 406, Laws of 1867, and by chap. 413, Laws of 1883, and sec. 1, chap. 49, Laws of 1884, and by sec. 6 of chap. 345, Laws of 1889, and by sec. 10, chap. 500, Laws of 1893. t Note. — Trustees to report annually number of children of school age who are vaccinated. See chap. 438. Laws of 1860, page 136, post. ^ As amended by sec. 6, chap. 175, Laws of 1890. 56 Consolidated School Act of 1S64. TITLE 7. Attendance of children. Number of children re- siding in the district on the thirtieth of Juneprevious to making the report. Amount paid for teachers' wages, and for other expense?. Children^ included in trustees' .report. Joint district to report to each commis- sioner. * 3. The number of children taught in the district school or schools during such year by qualified teachers, and the sum of the days' attendance of all such children upon the school. t4. The number of children residing in the district on the thirtieth day of June previous to the making of such report, and the names of the parents or other persons with whom such children did respectively reside, and the num- ber of children residing with each. 5. The amount of money paid for teachers' wages, in addition to the public money paid therefor, the amount of taxes levied in said district for purchasing school-house sites, for building, hiring, purchasing, repairing and insur- ing school-houses, for fuel, for district libraries, or for any other purpose allowed by law, and such other information in relation to the schools and the district as the superin- tendent of public instruction may, from time to time, require. ^ |§ 61. The annual reports of trustees of school districts, of children residing in their district, shall include all over five 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, guardians 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-house or an orphan asylum ; nor any Indian children residing on reservations where schools provided by law for their education are taught. § 62. 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 different 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 superintendent of public instruction shall from time to time prescribe. * As amended by sec. 11, chap. 647, Laws of 1865. t As amended by sec. 7, chap. 413. Laws of 1883. X As amended by sec. 8, chap. 413, Laws of 1883. Oe the Assessment of District Taxes. 57 * § 63. The trustee of every separate neighborhood shall separate every year, within the time aforesaid, in like manner, make geignbor- his annual report to the school commissioner, and file it in onts'trustees, the office of the clerk of the town in which the neigh- borhood is a part. Such report shall specif} 7 the whole amount of public moneys received during the year, and from what public officer, and the manner in which it was expended ; 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 previous to the making of the report ; and any other matters which the superintendent of public instruction may require. § 64. (Provided a penalty for false reports by trustees. Repealed. Repealed by 'sec. 1, sub. 39 of chap. 593, Laws of 1886.) Sections 470 and 471 of Penal Code provide a penalty for such an offense. _ Seventh Article. Of the assessment of district taxes, and the collection of such taxes; and of the collector, his powers, duties and liability. § 65. Within thirty days after a tax shall have been Assessment voted by a district meeting, the trustees shall assess it, by trustees. and make out the tax list therefor, and annex thereto their warrant for its collection. But they may at the same Two or more time assess two or more taxes so voted, and any tax or incfud?dun- e taxes they are authorized to raise without such vote, and ^ e a r r ° a u n e t 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 different items of the tax is levied. f § 66. School district taxes shall be apportioned by the Tax lists trustees upon all real estate within the boundaries of the out made 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 own- ing or possessing the same at the time such tax list shall be made out, but land lying in one body and occupied by Taxation of the same person, either as owner or agent for the same one body gm principal, or as tenant under the same landlord, if assessed as one lot on the last assessment-roll of the town" after * As amended by sec. 9, chap. 413, Laws of 1883. t As amended by sec. 20, chap. 567, Laws of 1875, and by sec. 4 of chap. 328. Laws of 1889. See law in relation to the taxation of railroad companies on pages 146 and 147, post ; also, law in relation to taxation of bank shares, in the general banking act, tit. 12 of chap. 409, Laws of 1882, on page 140. post, and taxation of forest preserve, chap.,,280, Laws of 1886, on page U5,post. 58 TITLE Non-resident lands. Personal estate. Bank stock. Valuation, how ascer- tained. Of redaction of valuation. Equalization of valuation. Consolidated School Act of 1864. revision by the assessors, shall, though situated partly in two or more school districts, be taxable in that one of them in which such occupant resides. This rule shall not apply to land owned by non-residents of the district, and which shall not be occupied by an agent, servant or tenant residing in the district. 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 appor- tion 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 tax- ation. They shall also apportion the same 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 busi- ness in their district in accordance with the provisions of chapter * seven hundred and sixty-one of the laws of one thousand eight hundred and sixty-six. § 67. The valuations of taxable property shall be ascei - tained, so far as possible, from the last assessment-roll of the town, after revision by the assessors ; and no person shall be entitled to any reduction in the valuation of such property, as so ascertained, unless he shall give notice of his claim to such reduction to the trustees of the district before the tax list shall be made out. § 68. Where such reduction shall be duly claimed and where the valuation of taxable property cannot be ascer- tained from the last assessment-roll of the town, the trustees shall ascertain the true value of the property to be taxed from the best evidence in their power, giving notice to the persons interested, and proceeding in the same manner as the town assessors are required by law to pro- ceed in the valuation of taxable property. f § 69. When a district embraces parts of more than one town, it shall be the duty of the supervisors of such towns so in part embraced, 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 days from the service thereof, and a place within the bounds of the towns so in part embraced, and proceed to inquire and determine whether the valuation of real prop- * Note. — Chap. 761, Laws of 1866, was repealed by part 27 of sec. 1, chap. 402, Laws of 1882, and its provisions incorporated in the title on taxation in the general banking act, chap. 409. Laws of lb'82. See page 140, post. t As amended by sec. 21, chap. 567, Laws »f 1875. Or the Assessment of District Taxes. 59 TITLE 7. erty 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 determination of such meeting. § 70. Any person working land under a contract for a Persons o j i cj workin°" land share of the produce of such land, shall be deemed the on shares possessor, so far as to render him liable to taxation therefor hable ' in the district where such land is situate. § 71. Every person owning or holding any real property Taxable in- 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 tax- able inhabitant of such district, in the same manner as if he actually resided therein. § 72. Where any district tax, for the purpose of pur- or tenant chasing a site for a school-house, or for purchasing or lTawiityof' building, keeping in repair, or furnishing such school- the owner - house with necessary fuel and appendages, shall be law- fully assessed, and paid by any person on account of any real property whereof he is only tenant at will, or for three years, or for a less period of time, such tenant may marge the owner of such real estate with the amount of the tax so paid by him, unless some agreement to the con- trary shall have been made by such tenant. § 73. Every taxable inhabitant of a district who shall when exempt have been, within four years, set off from any other dis- Bchooj-hou°se\ trict without his consent, and shall, within that period, have actually paid in 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. § 74. When any real estate within a district so liable to Taxes on taxation shall not be occupied and improved by the owner, r a nd*s eBldent 60 Consolidated School Act of 1864. TITLE 7. Incorporated companies, etc. Collector to return uncol- lected taxes ; method of procedure. Trustees shall send it to treasurer of county. Treasurer shall pay the taxes, and lay the account before the board of supervisors who shall levy tax, etc. his 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 lot is known to belong to an incorporated company liable to 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 affixed 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. * § 75. If an}? tax on real estate placed upon the tax list and duly delivered to the collector, or the taxes upon non-resident stockholders in banking associations organ- ized under the laws of congress, shall be unpaid at the time the collector is required by law to return his war- rant, he shall deliver to the trustees of the district an account of the taxes remaining due, containing a descrip- tion 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. §76. Upon receiving any such account from the col- lector, the trustees shall compare it with the original tax list, and, if they find it to be a true transect, they shall add to such account their certificate, to the effect that they have compared it with the original tax list and found it to be correct, and shall immediately transmit the account, affidavit and certificate to the treasurer of the county. f § 77. Out of an} 7 moneys in the county treasury, raised * As amended by sec. 22, chap. 567. Laws of 1875, and by sec. 1, chap. 250, Laws of 1883, and sec. 1, chap. 74, Laws of 1890. t As amended by sec. 1, chap. 455, Laws of 1880, and by sec. 1, chap. 333. Laws of 1887. Of the Assessment of District Taxes. 61 for contingent expenses, the treasurer shall pay to the col- I lector the amount of the taxes so returned as unpaid, 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 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 therewith by the trustees. * § 78. Such account, affidavit and certificate shall be Srer n toiiy a8 " laid by the county treasurer before the board of super- the account visors of the county, who shall cause the amount of such supervisors ; unpaid taxes, with seven per cent of the amount in andduSeiT 8 addition thereto, to be levied upon the lands on which the thereon, same were imposed ; and if imposed upon the lands of any incorporated company, then upon such company ; and when collected the same shall be returned 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 4n a banking associa- tion 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 super- visors 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. § 79. Any person whose lands are included in any such Any person account may pay the tax assessed thereon to the county pT/nient be- treasurer, at anytime before the board of supervisors shall foresaidlev y- have directed the same to be levied. § 80. The same proceedings in all respects shall be had Proceedings for the collection of the amount so directed to be raised taxes. 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 uncol- lected, being transmitted by the county treasurer to the comptroller, the same shall be paid on his warrant to the treasurer of the county advancing the same ; 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 ; * As amended by sec. 23, chap. 567, Laws of 1875, and by sec. 2, chap. 250, Laws of 1883. 62 TITLE ( Warrant, form and effect of. Delivery of the warrant. Collectors to execute a bond. Bond to be filed with town clerk. Clerk's fees for filing bond. Consolidated School Act of 1864. 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. * § 81. The warrant for the collection of a district tax shall be 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 specified therein, in the same manner that collectors are authorized to collect town and county charges. f § 82. A warrant for the collection of a tax voted by the district shall not be delivered to the collector until the thirty-first day after the tax w r as voted. A war- rant for the collection of any tax not so voted may be delivered to the collector whenever the same is completed. $ § 83. Within such time, not less than ten days, as the trustees shall 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 reasonable, con- ditioned for the due and faithful execution of the duties of his office. The trustees, upon receiving said bond, shall, if they approve thereof, indorse their approval thereon, and forthwith 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 sure- ties thereto, the amount of the penalty thereof, and the date and time of filing the same, and said town clerk is authorized to receive as a fee for such filing and memo- randum, the sum of twenty-five cents, which sum is * As amended by sec. 18, chap. 406, Laws of 1867. + As amended by sec. 19, chap. 406, Laws of 1867. t As amended by sec. 24, chap. 567, Laws of 1875, and by sec. 1, chap. 334, Laws of 1887, and by sec. 7, chap. 175, Laws of 1890. Of the Assessment of District Taxes. (33 hereby made a charge against the school district interested T1TLE 7 - in said bond ; and in case the trustees of any school dis- trict, other than those within the limits of any city or incorporated village, shall deem it for the best interests Disbarse- of the district or the public to have the collector of such Soney^by district disburse to teachers the money apportioned by collector - the state for teachers' wages, they shall so direct, by reso- lution 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 of the last apportionment, with like conditions of sureties, Bond as approval of trustees, and amount and like directions as to agent? 81118 filing as are required above for a bond for the collection, of taxes, and conditioned also for the due and faithful execution of the duties of his office as such disbursing agent. *§84. The collector, on the receipt of a warrant for collector of the collection of taxes, shall give notice to the taxpayers certain glve of the district by publicly posting written or printed, or notices - partly written and partly printed, notices in at least three 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 will receive all such taxes as may be voluntarily paid to him within two weeks from the time of posting said notice. Such collector shall also give a like notice, either personally or by mail, at least ten days previous to the expiration of the two weeks aforesaid, to the ticket agent at the nearest station of any railroad corporation 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-resident 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 no school collector shall be entitled to recover from any railroad corporation or non-resident taxpayer more than one per cent fees on the taxes assessed 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 forthwith Fee8t proceed to collect the same. He shall receive for his services, on all sums paid in as aforesaid, one per cent, and upon all sums collected by him, after the expiration * As amended by chap. 33, Laws of 1877, and by sec. 1, chap. 526, Laws of 1690. 64 TITLE 7. Warrant may be executed in any other town, etc. Trustees may sue for un- paid taxes in certain cases. Trustees may correct error in tax list by consent of su- perintendent. If more than one renewal mast have consent of supervisor. Consolidated School Act of 1S6 School Act of 1864. TITLE VIII. FOR THE ENCOURAGEMENT OF COMMON SCHOOLS AND PUBLIC LIBRARIES. Section 1. So much of the school library money as shall be needed for that purpose shall be apportioned among the several cities and school districts by the state superintendent of public instruction, who may, so far as consistent with law, make, alter or repeal any rules that he may deem proper for regulating the expenditure of the school library money and the administration and care of school libraries established or maintained under authority of this act ; provided that no portion of the school library money shall be expended except for books approved by the said superintendent. Said school libra- ries shall consist of reference books for use in the school room, suitable supplementary reading books for children, or books relating to branches of study being pursued in the school and pedagogic books as aids to teachers. And no city or school district shall share in the apportionment unless it shall raise and use for the same purpose an ecpual amount from taxation or other local sources, and shall also comply with the recpuirements of the superintendent as to the care of such libraries and otherwise. § 2. The school library shall be a part of the school equipment and shall be kept in the school building at all times, and shall not be used as a circulating library, except that, so far as the rules fixed by the state superintendent shall allow, teachers and school officers or pupils, with the leave of the librarian, may borrow from said library any book not needed for reference in the school-room, but such persons shall not borrow more than one volume at a time § 10. For the fiscal year beginning October first, eighteen hundred and ninety- two, but not thereafter, out of said fifty-five thousand dollars school library money, there shall be paid twenty-five thousand dollars for public library money, and said twenty-five thousand dollars shall be paid by the treasurer, on the warrant of the comptroller, according to an apportionment to be made for the benefit of free libraries by the regents iu accordance with 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 by the regents; that no locality shall share in the apportionment unless it shall raise for the same purpose not less than an equal amount from taxation or other local sources ; that for any part of the apportionment not payable directly to the librarv trustees the regents shall file with the comptroller proper vouchers showing that^it has been spent in accord- dance with law exclusively for books for free public libraries or for proper expenses incurred for their benefit; and that books paid for by the state shall be subject to return to the regents whenever the library shall neglect or refuse to conform to the ordinances under which it secured them. §11. Repeals. — Section four, chapter two hundred and thirty-seven of the laws of eighteen hundred and thirty-eight is hereby repealed, and sections one to nine of this act are hereby substituted fur title eight, of chapter five hundred and filty- five of the laws of eighteen hundred and sixty-four, which said title eight is hereby repealed ; and al! other acts repugnant to or inconsistent with the provisions of this act are, so far as they are so inconsistent, hereby repealed. Of School District Libraries. 67 and shall not keep the same more than two weeks. The Librarian _ ' board of education or trustees shall appoint a teacher of the schools under their charge as librarian, who, with the trustees, shall be responsible for the safety and proper care of the books, and shall annually, and whenever required, make such reports concerning the library as the state superintendent may direct. § 8. Rules. — All existing provisions of law and rules KuleB - established by the superintendent of public instruction for the management of district libraries shall hold good as to the management of school libraries till altered by or in pursuance of law. § 4. Each city and school district in the state is hereby J c a h s oi r authorized to raise moneys by tax in the same manner as library, other school moneys are raised, or to receive moneys by gift or devise, for starting or extending or caring for the school library. § 5. Any board of education in any city or union free Transferof school district, or any duly constituted meeting in any republic' t0 other district, is hereby authorized to give any or all of its libraries - books or other library property to any township or other free public library under state supervision, or to aid in establishing such free public library, provided it is free to the people of such city or district. A receipt from the Release officers of the said free public library, and an approval of authorities, the transfer under seal by the regents of the university, shall forever thereafter relieve the said school authorities of further responsibility for the said library and property so transferred. § 6. Any books or other library property belonging to riesmay b take any district library, and which have not been in direct ^rict 610 "' * charge of a librarian duly appointed within one year, may libraries/ be taken and shall thereafter be owned by any public library under state supervision, whicli has received from the regents of the university written permission to collect such books or library property, and to administer the same for the benefit of the public ; provided that said books or other library property shall be found in the territory for which such public library is maintained, as defined in its charter or in the permission granted by the regents ; and further provided that, on written request of the school authorities, any dictionaries, cyclopedias and pedagogic books shall be placed in the school library of the district to which such books originally belong. Any person, association or corporation having possession of books or other property belonging to any school, district or other 68 Consolidated School Act of 186±. title 9. Delivery of books and property to libraries. Public not to use school library. Transfer of property for circulating library. Withholding of moneys by state super- intendent. Call for special meet- ing to form district. When super- intendent may give notice. Qualification of voters. public library, except books regularly borrowed and charged for a period not yet expired, shall deliver the same within one month from the passage of this law to the legally appointed librarian of such library, or of the free public library, duly authorized to take the same as provided in this section, and willful neglect or refusal to comply with this provision shall be a misdemeanor. § 7. The public shall not be entitled to use any library, now or hereafter in the custody of the school authorities, but said authorities may appoint three trustees who shall have the powers, duties and responsibilities of trustees of public libraries incorporated by the regents, and there- after the school authorities may transfer to the custody of said trustees for the purposes of a circulating library any of their library property as provided in section five. § 8. The state superintendent of public instruction is hereby authorized to withhold its share of public school monej's from any city or district which uses school library moneys for anj T other purpose than that for which they are provided, or for any willful neglect or disobedience of the law or the rules or orders of said superintendent in the premises. TITLE IX. OF UNION FREE SCHOOLS. Section 1. Whenever fifteen persons entitled to vote at any meeting of the inhabitants of any school district in the state, shall sign a call for a meeting, to be held for the purpose of determining whether a union free school shall be established therein, in conformity with the pro- visions of this title, it shall be the duty of the trustees of such district, within ten days after such call shall have been presented to them, to give public notice that a meet- ing of the inhabitants of such district, entitled to vote thereat, will be held for such purpose as aforesaid, 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 more than twenty days after the publication of such notice. If the trustees shall refuse to give such notice, or shall neglect to give the same for twenty days, the superin- tendent of public instruction may authorize and direct any inhabitant of said district to give the same. The qualifications of the inhabitants, entitled to vote at such meeting as now by law expressed, shall be sufficiently set forth in the notice aforesaid. Of Union Free Schools. 69 TMTT "FT Q * § 2. Whenever such district shall correspond wholly or Formation of in part with an incorporated village, in which there shall union free be published a daily or weekly newspaper, the notice afore- incorporated said shall be given by posting at least five copies thereof, Vllla s es - severally, in various conspicuous 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 pub- lished in said district. In other districts the said notice in other shall be given by posting the same as aforesaid, and in addition thereto, the trustees of such district shall authorize and require any taxable inhabitant of the same, to notify every other inhabitant (qualified to vote as afore- said), of such meeting, to be called as aforesaid, who shall give such notification in the manner and subject to the penalty prescribed in the case of the formation of a new school district by title seven of this act. § 3. The reasonable expense of such notices, and of ^l^ of their publication and service, shall be chargeable upon the how paid, district, in case a union free school is established by the meeting so convened, 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 expense shall be chargeable upon the inhabitants signing the call, 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, Unk)n . fre , e ,. ' " if 1 • • • t • in • schools of from each of two or more adjoining districts shall unite two or more in a call for a meeting of the inhabitants of such districts, 16tr cts ' 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 dis- tricts, or a majority of them, to give like public notice of Nature of. such meeting, at some convenient place within such dis- tricts and as central as may be, within the time, and to be published and served in the manner set forth in the second section of this title, in each of such districts. The reasonable expenses of preparing, publishing 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 call, but other- wise the signers of the call shall be jointly and severally g erintend . liable for such expenses. The superintendent of public ent may order meeting. * As amended by sec. 1. chap. 50, Laws of 1876. t As amended by sec. 15, chap. 647, Laws of 1865. 70 Consolidated School Act of 1864. TITLE 9. Proceedings of meeting, to determine as to formation of union free school. Election of trustees, to form board of education. Designation of board. Proceedings, how certified and de- posited. Effect of nega> tive action. instruction may order such meeting under the conditions and in the manner prescribed in the first section of this title. * § 5. Any such meeting held as aforesaid shall be organized by the appointment of a chairman and secre- retary, and may be adjourned from time to time by a majority vote, provided that such adjournment shall not be for a longer period than ten days ; and whenever any such meeting, at which not less than fifteen persons entitled to vote thereat shall, by the affirmative vote of a majority present and voting, determine to establish a union free school in said district, pursuant to such notice, it shall thereupon be lawful for such meeting to proceed to the election, by ballot, of not less than three or more than nine trustees, who shall, by the order of such meeting, be divided into three several classes, the first to hold until one, the second until two, the third until three years from the fourth Tuesday in August next following, except in the cases in the next section provided for ; and when the trustees so elected shall enter upon their office, the office of any existing trustee or trustees shall cease, except for the purposes stated in section eleven of title six of this act. The said trustees and their successors 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 as union free school district number of the town of shall be made by the school commissioner having jurisdiction of the district ; and the said board shall have the name and style of the board of education of (adding the designation aforesaid) ; copies of said call, minutes of said meeting or meetings, duly certified by the chairman and secretary thereof, shall be by them, or either of them, transmitted 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 estab- lishment of a union free school shall not be decided in the affirmative, as aforesaid, then all further proceedings at 6uch meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meeting shall be again called within one year thereafter. * As amended by spc 2. chap. 50 Laws of 1876. and by sec. 10. chap 413, Laws of 1883, and by sec. 2, chap. 49, Laws ot 1S84, uud by sec. 7 of chap. 245, Laws of 1889. Of Union Free Schools. 71 rpTrpr ■pi q *§ 6. Whenever said board of education shall be con- where dis-' stituted for any district or districts whose limits corre- trict limits i • i i \e • iMi • i correspond spond with those ot any incorporated village or city, the with those of trustees so elected shall, by the order of such meeting, be v°uage°or e divided into three several classes : the first class to serve onrusteesTn! until one, the second until 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 not from the second Tuesday in October. And there- after there shall be annually elected in such villages and cities, by separate ballot, to be indorsed " School Trustee," in the same manner as the charter officers thereof, trus- tees of the said union free schools, to supply the places of those whose terms by the classification aforesaid are about to expire. f S 7. The said boards of education are hereby severally Slfl ],,^ i o . J J education cre- created bodies corporate, and each shall, at its first meet- ated bodies ing, and at each annual meeting thereafter, elect one of corpor( their number president. They may, with the advice and consent of a majority of the legal voters entitled to vote- on questions of taxation, to be had at an annual meeting of the inhabitants, appoint a clerk to the board. Such j? ler ^ntm nt" appointed clerk must be a resident of the district, and a of, etc. person other than a trustee or a teacher in the employ of the board. The clerk so appointed shall be the general librarian of the district, and also perform all the clerical and other duties pertaining to his office. For his services Salar y- he shall be entitled to receive a salary, which shall not be greater than twenty-five cents a year for each scholar, to be computed from the actual average daily attendance for the previous year, as set forth in the annual report to the school commissioner, or less, as in the best judgment of said legal voters to be had at such annual meeting ; such consent and approval not to be for a longer period of time than one year. In case no provision is made at an annual meeting of the inhabitants for the appointment and payment of a clerk, then and in that case the board will appoint one of their own number to act as clerk. In oth^than districts other than those whose limits correspond with those whose * limits corr©" those of any city or incorporated village, said board spond with shall have power to appoint one of the taxable inhabitants anTviiiages? appointment of treasurer ■ *Note.— In relation to election of officers in districts having more than 300 and collector children of school age, see chap. 348, Laws of 1878, on page 129, post. for. t As amended by chap. 161, Laws of 1877. This section (7), as amended, not to affect the towns of Cortlandt and White Plains, Westchester county. 72 Consolidated School Act of 1864. TITLE 9. Bonds of, etc, Vacancies, etc. Corporate authorities, to raise by tax, etc. Board to submit state- ment to corporate authorities. Sums set forth and voted at spe- cial meeting not to be withheld. Tax for money voted. of their district treasurer, and another collector of the moneys to be raised within the same for school purposes, who shall severally hold such appointments during the pleasure of the board. Such treasurer and collector shall each, and within ten days after notice in writing of his appointment, duly served upon him, and before entering upon the duties of his office, execute and deliver to the said board of education a bond, with such sufficient penalty 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 specified, such office shall thereby become vacant, and said board shall thereupon, by appointment, supply such vacancy. * § 8. The corporate authorities of any incorporated vil- lage 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 defraying 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 contingent expenses of supporting the schools of said district. The sums so declared necessary shall be set forth in a detailed statement in writing, addressed to the corporate authorities by the board of education, giving the various purposes of antici- pated 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 iurther sum or sums to be set forth in a detailed statement in writing, addressed to the corporate authorities by the board of education, giving the various purjjoses of the proposed expenditure, and the amount necessary for each which may have been or which may hereafter be author- ized 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, alterations or improvements to or on the sites or structures belonging to the district, or for the purchase of other sites or structures, 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 install- ■ ments, but no addition to or change of site or purchase of * As amended by sec. 1, chap. 548, Laws of 1890. Of Union Free Schools. 73 TITLE 9 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 Notice of pro- or for the erection of an addition to any school-house school buiia° r already built shall be voted at any such meeting unless a f£*' Sltcs - 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 it 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 twenty days before the time of such meet- ing. No vote to raise money shall be rescinded, nor the amount thereof be reduced at any subsequent meeting, unless the same be done within ten days after the same shall have been first voted. For the purpose of giving £°^ t0 effect to these provisions, the corporate authorities are money, 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 buildings or structures belonging to the district, or for the purchase of a new site, or for an addition to a site, or to borrow so much of the sum voted as may be necessary issue of at a rate of interest not exceeding six per cent, and to bonde ' etc - 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. Said bonds or other evidences of indebtedness shall be prepared by the board of education, signed by the president and secretary thereof, and delivered to the treasurer of the incorporated village or city, who shall countersign the same and give due notice of the time and place of the sale of Notice of , & t n n . , J i iTi- ea ^ e °i bonds. such bonds, at least ten days prior thereto, by publication twice in two newspapers, 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 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. 74 TITLE 9. Annual meet- ings of boards of education. Powers of annual and special meetings. Moneys to be raised in installments. The notice of the proposed action must he given ; manner of giving notice. Consolidated School Act of 1864. * § 9. The annual meeting of the board of education of every union free school district shall be held on the first Tuesday of September of each year. f § 10. A majority of the voters of any union free school district, other than those whose limits correspond with an incorporated 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 belonging to the district, 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 paving the wages of teachers and the necessary expenses of the school, 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 pur- chase 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 newspapers if there shall be two, or in one news- paper 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 twenty days before the time of such meeting. And whenever a tax for any of the objects hereinbefore specified shall be legally voted the board 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 * As amended by sec. 11. chap. 413, Laws of 1883, and by sec. 8 of cbap. 245, Lawa of 1889, and by sec. 2, chap. 548, Laws of 1890, and by sec. 12, chap. 500, Laws of 1893. t As amended by sec. 3, chap. 49, Laws of 1884, and by sec. 1, chap. 595 Laws of 1886, and by chap. 27, Laws of 1888. and by sec. 3, chap. 548, Laws of 1890. Note.— By section 4 of chapter 548, Laws of 1890, it is provided that sections 8, 9 and 10 of title 9 of chapter 555. Laws of 1864, as theretofore amended, and as in said chapter 548 of Laws of 1890. amended, were made applicable to all school districts established by and organized under special statutes, except those of cities. By section 5 of chapter 548, Laws of 1890. all acts, or parts of acts, inconsistent with or repugnant to such provisions were thereby repealed. Of Union Feeb Schools. become due. ISTo vote to raise money shall be rescinded, R ™ n L d f n g nor the amount thereof be reduced at any subsequent vote to raise meeting, unless the same be clone within ten days after ™duc7ng the the same shall have been first voted. For the purpose of v ^ ut giving effect to these provisions, trustees or boards of For an addi . education are hereby authorized, whenever a tax shall tion > etc - 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 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 per cent, and to issue bonds or other evidences of indebt- Whe b n J? 0I j£| edness therefor, which shall be a charge upon the dis- ca trict, 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 educa- tion at least ten days prior thereto by publication twice in two newspapers, if there shall be two, or in one news- paper 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.* f § 11. Any moneys required to pay teachers' wages in AUm oneys to a union free school, or in the academical department tax, and not thereof, after the due application of the school moneys by rate bllL thereto, shall be raised by tax and not by rate bill. § 12. Every union free school district shall, for all the Every such purposes of the apportionment and distribution of school school moneys, be regarded and recognized as a school district. dl8trict - § 13. The said board of education of every union free Jjftjj ? f t £j}&" school district shall severally have power : powers. *^1. To pass such by-laws as they may deem proper for J£jjJ£j e the regulation and exercise of their lawful business and power. 2. To establish such rules and regulations concerning Jo^euiate^ the order and discipline of the school or schools, in the the school, several departments thereof, as they may deem necessary to secure the best educational results. 3. To grade and classify the school or schools of the To grade district, and to regulate the admission of pupils and their an c assi y ' * Note.— Title to sites, how acquired. Chap. 800, Laws of 1866, on pae;e \22,post. t Plans for school buildings. See chap. 6T5, Laws of 1887, on page 132, post. 76 Consolidated School Act of 1864. TITLE 9. To prescribe and furnish text-books. To have charge of all properties. To hold real estate. To establish an academical department. To regulate tuition fees of non-resident pupils. To contract with and em- ploy teachers and remove them. transfer from one class or department to another, as their scholarship shall warrant. 4. To prescribe the text-books to be used in the schools, and to compel a uniformity in the use of the same, and to furnish the same to pupils out of any moneys provided for that purpose. 5. To take charge and possession of the school-houses, sites, lots, furniture, books, apparatus, and all school prop- erty within their respective districts ; and the title of the same shall be vested respectively in said board of educa- tion, and the same shall not be subject to taxation for any purpose. 6. To take and hold for the use of the said schools or of any department of the same, any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or annuity, of whatever kind, given or bequeathed to the said board, and apply the same, or the interest or proceeds thereof, according to the instructions of the donor or testator. * 7. To have, in all respects the superintendence, man- agement and control of said union free schools, and to establish in the same an academical 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 said district, and to regulate and establish 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 the 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 for 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. f 8. To contract with and employ qualified teachers in the several departments of instruction, in all not less than one for every fifty pupils attending such schools ; to remove them at any time for neg.ect of duty or for immoral con- duct, and to pay the wages of such teachers out of the moneys appropriated for that purpose. £11 * As amended by chap. 134, Laws of 1879; also, see chap. 413, Laws of 1884, on Page 134, post. tAs amended by sec. 17 chap. 647, Laws of 1865. X Note.— Contracts to be in writing. Chap. 335. Laws of 1887, on pnge 134, post. || Teachers to be paid as often as once each month. Idem. Of Union Free Schools. 77 r TT r TT F 1 Q * 9. To fill any vacancy which may happen in said board To flll vacan _ by reaon of the death, resignation, removal or refusal to ^ a , r 1 d ntlie 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 school trustees, as by this act provided. In case of the failure of s^™ may such board to fill such vacancy, and in case no special mi vacancy. election is ordered for filling the same for a period of thirty days, the same may be filled by the school commis- sioner having jurisdiction. The superintendent of public en?may^or district for the purpose of filling such vacancy and when such special election is ordered the vacancy shall not be filled otherwise. 10. To remove any member of their board for official m °mbers V of misconduct. But a written copy of all charges made of the board, such misconduct 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. And generally to possess all the powers and privi- p°J* e a r V o f a11 leges, and be subject to all the duties in respect to the trustees of common schools, or the common school departments in trictsandof any union free school in said districts, which the trustees academies^ of common schools now possess or are subject to, not l inconsistent with the provisions of this title ; and to enjoy, whenever an academical department shall be by them established, all the immunities and privileges now enjoyed by the trustees of academies in this state. fl2. In any incorporated village having a population of Infof^choois five thousand and upwards, or in any union free school jn certain district having a like population, which fact shall in either case be determined by the state superintendent of public instruction, as provided in section six of title three of this act, the board of education in any such village or union free school district may appoint a superintendent of schools. Such superintendent shall be under the direction of the board of education, which shall prescribe his powers 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 six *As amended by chap. 331, Laws of 1888. t Added by sec. 2 of chap. 90, Laws of 1889. 78 TITLE 9. Special and annual meet- ings in cer- tain union districts, how called. Boards to keep record of proceed- ings open to public inspection. Boards to publish annu- ally detailed statement of receipts and disburse- ments. Board to re- port estimate of expenses to annual meeting. May make eueh state- ment at any time. Powers of inhabitants thereupon. Consolidated School Act of 1864. of title three of chapter five hundred and fifty-five of the laws of one thousand eight hundred and sixty-four, and the amendments thereto. * § 14. In union free school districts, other than those whose limits correspond with any city or incorporated vil- lage, the board of education shall have power to call special meetings of the inhabitants, in the manner pro- uided in section ten of title nine of this act, and shall in like manner give notice of the time and place of holding the annual school district meeting, which shall be held on the fourth Tuesday of August in each } T ear. The pro- ceedings of no such special meeting 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. f § 1 5. It shall he the duty of said hoard to keep an accurate record of all its proceedings in hooks provided for that purpose, which hooks shall he open for p> u olic inspection at all reasonable hours. It shall he the duty of said hoard to cause to he 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 • shoxdd there be no pap>er published in said district said board shall pub- lish such account by notice to the taxpayers, by posting copies thereof in five public places in said district. No member of said board shall be personally interested in any contract made by said board. It shall be the duty of the board, at the annual meeting of the district, besides any other report or statement required by law, to present a detailed statement in writing of the amount of money which will be required for the ensuing year for school purposes, exclusive of the public moneys, specifying the several purposes for which it will be required, and the amount for each, but nothing in this section contained shall be construed to prevent the board from presenting such statement at any special meeting called for the pur- pose, nor from presenting a supplementary and amended statement or estimate at any time. § 16. After the presentation of such statement, the * As amended by chap. 413, Laws of 1883, and by sec. 9, chap. 245, Laws of 1889, and by sec. 13, chap. 500, Laws of 18'.»3. t As amended by sec. 1, chap. 485, Laws of 1893. Of Union Free Scaools. 79 question shall be taken upon voting the necessary taxes to meet the estimated expenditures, and when demanded by any voter present, the question shall be taken upon each item separately, and the inhabitants may increase the amount of any estimated expenditures or reduce the same, except for teachers' wages, and the ordinary contingent expenses of the school or schools. * § 17. If the inhabitants shall neglect or refuse to vote mayTevytex the sum or sums estimated necessary for teacher's wages, 7^°^^ after applying thereto the public school moneys, and other inhabitants, moneys received or to be received for that purpose, or if they shall neglect or refuse to vote the sum or sums esti- mated necessary for ordinary contingent expenses, the board of education may levy a tax for the same, in like manner as if the same had been voted by the inhabitants, en "t todecjde § 18. If any question shall arise as to what are ordinary asto^wt^tare contingent expenses the same may be referred to the " contingent superintendent of public instruction, by a statement in expeD writing, signed by one or more of each of the opposing parties upon the question, and the decision of the super- intendent shall be conclusive. 8 19. It shall be the duty of each of the said boards of Board to meet -i • i n ,,,i •• » ,,.. ;•,! once in each education, elected pursuant to the provisions oi this title, quarter. to have a regular meeting 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 Visit schools, of said board, and such committees shall visit all said e schools at least twice in each quarter, and report at the next regular meeting of the board on the condition and prospects thereof. § 20. It shall also be the duty of said boards, respectively, Expenditure to have reference in all their expenditures and contracts ofmoney- to the amount of moneys which shall be appropriated, or subject to their order or drafts, during the current year, and not to exceed 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 departments. § 21. All moneys raised for the use of the union free Money to be schools in any city or incorporated village, or apportioned f a ge or city to the same from the income of the literature, common trea9ur y- school or United States deposit funds, or otherwise, shall be paid into the treasury of such city or village, to the * As amended by sec. 5 of chap. 328, Laws of 1889. 80 Consolidated School Act of ISO!. 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 the said Additional treasury. And the officer having the charge thereof shall be C given t by give such additional security for the safe custody thereof officer. as the corporate authorities of such city or village shall Moneys, require. No money shall he drawn from such funds, how rawn. crec jjt e( -i to the several boards of education, unless in pur- suance of a resolution or resolutions of said board, and on drafts drawn by the president and countersigned by the 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 which such moneys have been authorized to be paid by the said board of education, payment, die- § 22. All moneys raised for the use of said union free and B ac«>unt- schools, other than those whose limits correspond with moneys! 011001 tnose °f anv cities and incorporated villages, or appor- tioned 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 same, and be by them applied to the uses of said several boards, who shall annually 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 commis- sioner of the town in which the principal school-house of the district is located. Academical § 23. Every academical department, established as sutye'cTto 11 aforesaid, shall be under the visitation of the regents of regents. ^he university, and shall be subject, in its course of educa- tion and matters pertaining thereto (but not in reference to the buildings or erections in which the same is held), to all the regulations made in regard to academies by the Qualifications said regents. In such departments the qualifications for of pupils. the entrance of any pupil shall be as high as those estab- lished by the said regents for participation in the literature fund of any academy of the state under their supervision. May adopt § 24. Whenever a union free school shall be established academy under the provisions of this title, and there shall exist therefor 1 ' 6 within its district an academy, the board of education, if thereto authorized by a vote of the voters of the district, may adopt such academy as the academical 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, Of Schools for Colored Children 81 and filed in the office of the clerk of the county, shall TITLE w- declare their offices vacant, and thereafter the said academy shall be the academical department of such union free school. *§ 25. Every union free school 'district, in all its depart- visitation ments, shall be subject to the visitation of the superintend- =ion bunion ent of public instruction. He is charged with the g^te° ls ' by general supervision of its board of education and their intendent. management and conduct of all its departments of instruc- tion. And every board of education shall annually, Annual between the twenty-fifth day of July, and the first Tues- boards^ 7 day of August, make to the commissioner having juris- educat i°n. diction, and deposit in the town clerk's office, a report for the preceding school year of all matters and things which trustees of a school district are required to report, and of all such other matters and things as the superintendent shall, from time to time, require ; and shall also, whenever special re - thereto required by the superintendent of public instruc- re°quired hen tion, report fully to him upon any particular matter or thing ; and such report shall be in such form, and so authenticated, as the superintendent shall, from time to time, require. § 26. For cause shown, and after giving notice of the superin- charge and opportunity of defense, the superintendent of remove a™ y y public instruction may remove any member of a board Seboard.' of education. Willful disobedience of any lawful require- ment of the superintendent, or a want of due diligence in obeying such requirement is cause of removal. § 27. The provisions of this title shall apply to all union Thi8 title free schools heretofore organized pursuant to the provi- *v? h f to t h sions of chapter four hundred and thirty-three of the laws iished under " of eighteen hundred and fifty-three, f ' theactofisss. TITLE X. £ OF SCHOOLS FOR COLORED CHILDREN. Section 1. The school authorities of any city or colored incorporated village, the schools of which are or shall be cniesand organized under title nine of this act, or under special villages. act, may, when they shall deem it expedient, establish a separate school or separate schools for the instruction of children and youth of African decent, resident therein * As amended by chap. 413, Laws of 1883, and by chap. 340, Laws of 1885, and by sec. 10 of chap. 245, Laws of 1889. t Note.— Proceedings to dissolve union free school districts. See chap. 210, Laws of 1880, as amended, on page 137, post. X See chap. 248, Laws of 1884, on page 100, post, in relation'to colored schools in New York city. 6 82 TITLE 11. Colored schools in union free school district. Teacher must be legally qualified. Repealed. Commis- sioner to hold institute. To give due notice, etc. Superintend- ent to advise, employ teach- ers, etc. Consolidated School Act of 1864. 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 with facilities for instruction equal to those furnished to the white schools therein. § 2. The trustees of any union school district, or of any school district organized under a special act, may, when the inhabitants of any such 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 sup- ported in the same manner and receive the same, care, and be furnished with the same facilities for instruction, as the white schools therein. §3. No person shall be employed to teach any of such schools who shall not, at the time of such employment be legally qualified. § 4. (Section 4 repeals section 147 of chapter 480, Laws of 1847.) TITLE XL teachers' institutes. Section 1. It shall be the duty of every school com- missioner, at least once in each year, to organize in his own district or, in concert with one or more commission- ers in the same county, to organize in and for the com- bined districts, a teachers' institute, and to induce, if possible, all the teachers in his district to be present and take part in its exercises. § 2. The commissioner or commissioners, subject always to the advice and direction of the superintendent of pub- lic instruction, shall, in such form and manner as may be deemed most effectual, give public notice to the teachers of the district, or combined districts, and to all others who may desire to become such, of the time when and the place where the institute will be organized. § 3. The superintendent of public instruction shall advise and co-operate with the school commissioners in fixing the times and places of holding the teachers' institute ; and he shall have power to employ, or cause the school commissioner to employ, suitable persons, at a reasonable compensation, to conduct and teach the institutes ; and he shall visit, or cause to be visited by persons employed in Of Teachers' Institutes. 83 T TTT P 11 the department of public instruction, such and so many of the institutes as he possibly can, for the purpose of examining into the course and manner of instruction pur- sued, and of rendering such assistance as he may find expedient ; and he shall establish the basis upon which ^ h ° e ^g h s ^ the yearly appropriation for the support of teachers' insti- apportion- tutes shall be distributed to the several institutes, and the men ' term or terms during which the same may be held, having reference, in the establishment of such regulations, to the number of teachers in the county, district or combined districts, and in attendance at the institute, to the length of time during which they shall be held, to the facilities for attendance upon them, and to local disadvantages requiring especial consideration. * § 4. The superintendent of public instruction may supenn- establish such regulations in regard to certificates of quali- et?abHeh may fication or recommendation, which may be issued by school regulations, commissioners, as will, in his judgment, furnish incentives and encouragement to teachers to attend the institutes ; and Teachers may the closing of his school by a teacher for the time during an°d notvltt- which an institute shall be held in and for the county or ate contract, school commissioner district in which his school is, and which institute he shall have attended during the time for which he closed his school, shall not work a forfeiture of the contract under which he is teaching. f § 5. The trustees of every school district are hereby Trustees directed to give the teacher or teachers employed by them give C teachers the whole of the time spent by such teacher or teachers in time spent at institute attending at any regular session or sessions of an institute in a county embracing the school district, or a part thereof, without deducting anything from his or their wages for the time so spent, and in order to secure to teachers the full exercise of this privilege (after the twentieth day of August, eighteen hundred and eighty-five), all schools in schools shall school districts and parts of school districts, not included • n e g c ^| e t '- m e r ' within the boundaries of an incorporated city, or certain an institute is union free school districts hereinafter referred to, shall be the county, closed during the time a teachers' institute shall be in session in the same county in which such schools are situated. In union free school districts having a popula- Average tion of more than five thousand, and employing a super- I'nTetefng* intendent whose time is exclusively devoted to the super- ^j,™? 11 " 5 vision of the schools therein, the schools may be closed or so closed, not, at the option of the board of education in said dis * As amended by sec. 9, chap. 340, Laws of 1885. t As amended by sec. 23, chap. 406, Laws of 1867, and by sec. 10, chap. 340, Laws f 1885, and by sec. 1, chap. 524, Laws of 1890. 84 Consolidated School Act of 1864. tricts. In the apportionment of public school money, the schools thus closing in any school term shall be allowed the same average pupil attendance during such time, as was the average weekly aggregate during that part of the term when the school was not thus closed, and any school continuing its sessions in violation of the above provision shall not be allowed any public money based upon the aggregate pupil attendance during the days the school Trustees to was thus kept in session. Trustees and boards of educa- tion in such school districts and parts of school districts shall report, in their annual reports to the school commis- sioners, the number of days and the dates thereof on which a teachers's institute was held in their counties during the school year, and whether schools under their when district charge were or were not closed during such days; and w1th C the P iaw whenever the trustees' report shows a district school has tendentmay 1;)een supported f or the full time required b} r law, including include ue the time spent by the teacher or teachers in their employ apportion- in attendance upon such institute, and that the trustees uc e mon f ey Ub " have given the teacher or teachers the time of such absence, and have not deducted anything from his or their wages on account thereof, the superintendent of public instruction may include the district in his apportionment of the state school moneys, and direct that it be included b} r the school commissioner or commissioners in their apportionment of school moneys; provided, always, that such school district be in all other respects entitled to be included in such apportionment. Mode of I 6. The treasurer shall pay, on the warrant of the comptroller, to the order of any one or more of the school commissioners, such sum or sums of money as the super- intendent of public instruction shall certify to be due to them for expenses in holding a teachers' institute ; and, upon the dike warrant and certificate, to the order of any persons employed by the superintendent to conduct and teach any teachers' institute, his reasonable compen- sation as certified by the superintendent. To transmit § 7. The school commissioner or commissioners by reporftoth'e whom any teachers' institute shall be organized, shail tendent' transmit to the superintendent of public instruction a catalogue of the names of all persons who shall have attended such institute, with such other 'statistical infor- mation in such form and within such time, as may be pre- scribed by said superintendent. Appeals to Superintendent of Public Instruction. 85 title 12. TITLE XII. APPEALS to the superintendent of public instruction. Section 1. Any person conceiving himself aggrieved mayappeah in consequence of any decision made : 1. By any school district meeting ; From what. 2. By any school commissioner or school commissioners and other officers, in forming or altering, or refusing to form or alter, any school district, or in refusing to appor- tion any school moneys to any such district or part of a district. 3. By a supervisor in refusing to pay any such moneys to any such district ; 4. By the trustees of any district in paying or refusing to pay any teacher, or in refusing to admit any scholar gratuitously into any school ; 5. By any trustees of any school district library con- ibid, cerning such library, or the books therein, or the use of such books ; 6. By any district meeting in relation to the library ; ibid. 7. By any other official act or decision concerning any ibid, other matter under this act, or any other act pertaining to common schools, may appeal to the superintendent of public instruction, who is hereby authorized and required to examine and decide the same ; and his decision shall Su £ er j nt ?° d L j, t -, . ' , . . ent's decision be final and conclusive, and not subject to question or final, review in any place or court whatever. § 2. The superintendent, in reference to such appeals, Power of su- shall have power : 1. To regulate the practice therein ; 2. To determine whether an appeal shall stay proceed- when appeal ings, and prescribe conditions upon which it shall or shall proceedings. not so operate ; 3. To decline to entertain or to dismiss an appeal, when when appeal in i i n i • • j.i will not be it shall appear that the appellant has no interest in the entertained, matter appealed from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal. 4. To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or necessary to give effect to his decision. § 3. The superintendent shall file, arrange in the order superin- ii TGiinpnt snfl.ll of time, and keep in his office, so that they may be at all me papers, times accessible, all the proceedings on every appeal to 86 TITLE 13. Copies of School moneys, pen- alties for their loss. Penalty for neglect to prosecute. Consolidated School Act of 1864. him under this title, including his decision and orders founded thereon ; and copies of all such papers and pro- be C attested ay ceedings, authenticated by him under his seal of office, b y- shall be evidence equally with the originals. TITLE XIII. MISCELLANEOUS PROVISIONS. Section 1. Whenever the share of school moneys or any portion thereof, apportioned to any town, school district or separate neighborhood, or any money to which a town, school district or separate neighborhood would have been entitled, shall be lost, in consequence of any willful neglect of official duty by any school commissioner, town clerk, trustees or clerks of school districts, the officer or officers guilty of such neglect shall forfeit to the town, school district or separate neighborhood so losing the same, the full amount of such loss with interest thereon. § 2. Where any penalty for the benefit of a school dis- rict, or of the schools of any school district, town, school commissioner district or county, shall be incurred, and the officer or officers, whose duty it is by law to sue for the same, shall willfully and unreasonably refuse or neglect to sue for the same, such officer or officers shall forfeit the amount of such penalty to the same use, and it shall be the dut} 7 of their successor or successors in office to sue for the same. * § 3. (This section, which provided a penalty for dis- turbing a school meeting, was repealed by subdivision 39 of section 1 of chapter 593, Laws of 1886.) f § 4. It shall be the duty of the trustees of the district, or the teacher of the school, and he shall have power, to enter a complaint against such offender before any justice of the peace of the county, or the mayor or any alder- man, recorder or other magistrate of the city wherein the offense was committed. The magistrate or other officer before whom the complaint is made shall thereupon by his warrant, directed to any constable or person, cause the person complained of to be arrested and brought before him for trial. If such person, on the charge being stated to him, shall plead guilty, the magistrate shall convict him ; and if he demands a trial by the magistrate, shall summarily try him ; and, if he demands a trial by jury, the magistrate shall issue a venire, and impanel a jury for * Section 448 of the Penal Code applies in such cases. tNoTB. — This section refers to a person who shall willfully disturb, interrupt or disquiet any school or school meeting. Repealed. Procedure. Miscellaneous Provisions. 87 his trial, and he shall be tried in the same manner as in a court of special sessions. § 5. If any person convicted of the said offense do not Penalty, immediately pay the penalty, with the costs of the prose- cution, or give security to the satisfaction of the magis- trate for the payment thereof within twenty days, the magistrate or other officer shall commit him to the com- mon jail of the county, there to be imprisoned until the penalty and costs be paid, but not exceeding thirty days. § 6. In any action against a school officer or officers, Actions it J p . •,.,.' against including supervisors of towns, m respect to their duties school and powers under this act, for any act performed by virtue ° cers " of or under color of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the subject of an appeal to the superin- tendent, no costs shall be allowed to the plaintiff, in cases where the court shall certify that it appeared on the trial that the defendants acted in good faith. But this pro- vision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent. * § 7. Whenever the trustees of any school district, or Actions by school o"pi- any school district officer or officers, have been or shall be cer?, costs instructed by a resolution of the district, at a meeting aiiowe In case of loss, how replaced. Penalty for failure of trus tees to comply. Application of moneys received for penalties. Appropria- tion for. General Acts Relating to Schools. CODE. CUSTODY OF. CHAP. 672. AN ACT to provide for the distribution of the Code of Public Instruction to the several school districts of the state, and making appropriation therefor. Passed June 24, 1887. Section 1. The state superintendent of public instruc- tion is hereby directed to deliver, or cause to be delivered, one copy of the Code of Public Instruction, the amended and annotated edition of eighteen hundred and eighty- seven, substantially bound in law sheep, to each of the several school districts of the state. The copies of said Code so distributed shall be the property of the several school districts receiving the same, and there shall be plainly inscribed on the outside of the cover of each book the following words, namely : This Code is the property of school district number , town of , county of ; the blank spaces being filled in by the number of the district and the names of the town and county where said book shall belong. § 2. The trustees of each school district are hereby made the custodians of the Code of Public Instruction belonging to such school district, and shall deliver the same to their successor or successors in office. And in case such copy of said Code shall have been lost or destroyed through or by means of the fault or negligence of the 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. § 3. Every trustee who fails to comply with the provi- sions of the foregoing section shall forfeit the sum of twenty-five dollars. This penalty shall be sued for by the trustees of the district and shall be used in the purchase of books for the district library, but the state superintend- ent of public instruction may, upon the application in writing of the trustees of the district, indorsed by the school commissioner of that commissioner district, direct that it be applied toward the payment of teachers' wages. § 4. The sum of eighteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys not otherwise appropriated, to defray the To Define the Public and Legislative Printing. 153 expense of carrying out the provisions of this act, which isst. shall be paid by the treasurer, on the warrant of the comp- troller, upon vouchers approved by said superintendent. § 5. This act shall take effect immediately. REPORTS. * CHAP. 710. AN ACT to amend chapter five hundred and eighty-eight of the laws of eighteen hundred and eighty six, entitled " An act to provide for and define the public or legis- lative printing." Passed June 25, 1887. StrnTT/w 1 * * * * * * Superintend- ed ION J.. . ent's reports § 2. Section eight of chapter rive hundred and eighty- to be printed eight of the laws of eighteen hundred and eighty-six, is t?on. ls ' hereby amended so as to read as follows : § 8. In addition to the usual number of regular reports made by the state officers and institutions, there shall be printed as extra copies of legislative documents for the use of the respective departments, institutions and boards ; * * * * of the report of the superintendent of public instruction, fifteen thousand copies, all bound in cloth, to be distributed by that officer as follows : Eleven thousand three hundred copies for the school districts of the state, being one copy for each school district ; nine hundred copies to school commissioners and city superin- tendents ot schools ; two hundred copies to the state normal and training schools; three hundred copies to academies and high schools ; one thousand copies to mem- bers and officers of the legislature and state officers ; one thousand three hundred copies for the use of the state superintendent of public instruction ; also three hundred copies, printed on forty-four pound calendered paper and bound in leather, for exchange with superintendents of public instruction of the states and territories, and for dislribution among public libraries. * As amended by section 1 iter 643 of Laws of 1892. APPEALS -RULES OF PRACTICE. STATE OF NEW YORK: Department of Public Instruction, J Albany, N. Y., July 1, 1893. j Pursuant to the authority conferred by section 2, title 12, chapter 555, Laws of 1864, the state superintendent has, by an order dated April 25, 1893, established the following amended rules to regulate the practice in appeals : 1. An appeal must be in writing, addressed " to the superin- tendent of public instruction," stating the grounds upon which it is taken, 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 affidavit 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 proceeding of a district meeting, upon the district clerk or one of the trustees, whose duty it is to cause infor- mation 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 cannot be found in the commissioner 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 department 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 thirty days after 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 Appeals — Rules of Practice. ] 55 must be rendered in the appeal for the delay. If an answer is received to an appeal which has not been transmitted to the depart- ment, such appeal will be dismissed. t>. The party upon whom an appeal shall be served must, within ten 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 support 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. 7. Immediately after the service of a copy of such answer and the statements, papers, etc., presented in support thereof, the origi- nal 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 hereinbefore provided for the service of a copy of an appeal, must be transmitted to the department of public instruction, at Albany. 8. No reply, replication or rejoinder shall be allowed, except by permission of the state superintendent of public instruction ; in which case, such reply, replication and rejoinder must be duly veri- fied 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 transmitted to the 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 evidenced by their signature on both sides, must be veri- fied by oath. 10. When any proceeding of a district meeting is appealed from, and when the inhabitants^of a district generally are interested in the matter of the appeal, and in all cases where 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. Where the appeal has relation to the alteration or formation of a school district, it must be accompanied by a map, exhibiting 156 Appeals — Rules of Practice. the site of the school-house, the roads, the old and new lines of dis- tricts, the different lots, the particular location and distance from the school-houses of the persons aggrieved, and their relative dis- tance, if there are two or more school-houses in question. Also, a list of all the taxable inhabitants in the district or territory to be affected by the question, showing in separate columns the valuation of their property, taken from the last assessment-roll, and the num- ber of children between five and twenty-one belonging to each person, distinguishing the districts to which they respectively belong. 12. An appeal, of itself, does not stay 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. When any party, appellant or respondent, is not represented on the appeal by an 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 paper of the party so represented, filed in the department on such appeal ; and, when represented by an attorney, the name of such attorney, with the name of the district, town and county affected and his post-office address, must be so indorsed upon each paper of the party so represented, filed in the 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 superintendent, upon application, may determine. 18. The decision of the superintendent in every case will contain the order, or directions, necessary and proper for giving effect to his decisions. 19. A decision upon an appeal will be forwarded by the super- intendent 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 office as a public record. Appeals — Rules of Practice. 157 PRACTICE ON APPLICATION" FOR REMOVAL OF SCHOOL OFFICERS. Under Section 18 of Title L of Consolidated School Law of 1864:, and Amendments. 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 prepare a petition addressed, " To the Superintendent of Public Instruction," in which, after distinctly stating the charge should proceed with a specification of the facts by which it is established, which must be set forth with such certainty as to time, place, etc., as to furnish the officer with pre- cise 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 specifically proved. After being verified, a copy of the petition, and of all affidavits in sup- port thereof, including the affidavits of verification thereto, must be served upon the officer whose removal is sought, together 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 served, will be presented to the superin- tendent 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 answer to such application, duly verified, to the department of public instruction within ten 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 instruc- tion. The officer cannot be prejudiced by any statement which he has not been called upon to answer. The officer must transmit his sworn answer, together with the affidavits of other persons, if he deems them necessary, with proof of service of copies thereof upon the petitioner, to the department within ten days. If, for any reason, as the absence of material witnesses, he is unable to com- plete his defense in that time, he should, before its expiration, J 58 Appeals — Rules of Practice. transmit his own answer, duly verified, with a statement, under oath, of the facts which render it necessary that the time to pro- cure further evidence should be extended, and stating the earliest day at which he expects to be able to obtain such evidence. If a probable defense appeal's from his answer, and the application for further time is reasonable, an order will be made granting 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. 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 of willful violation or neglect of duty, except- ing 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 officer 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 decided by the superintendent after an examination of the facts as presented by both sides. Note. — In the papers filed in the department, upon an appeal, the superintendent 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 perjury 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 Appeals — Rules oe Pkactice. 159 appeal, and which the opposite party has had the opportunity to controvert, although such facts may have been brought to the knowl- edge of the superintendent in some other way. The record itself must contain enough to support the decision. 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 district, town and county affected. State Superintendent of Public Instruction. INDEX [Refers to Pages.] Academies : page. Teachers' training classes in 115, 116 Union Free School Districts may adopt 80 Academical Department : In Union Free School Districts -. 76, 80 Acquisition op School-House Sites : Proceedings for 122 Trustees may purchase or lease sites 50 Actions by and against School Officers : Expenses of 40, 87, 88, 89 Affidavits : When State Superintendent may take 11 When School Commissioners may take 16 When district clerks may take 54 Aggregate Attendance: How ascertained 26, 27, 84 Public money apportioned on 26, 27, 28 Albany : Normal School, acts establishing 105, 106 Alcoholic Drinks: Effect of, to be taught 15a Alteration of School Districts. (See School Districts.) American Museum of Natural History (New York City) : State Superintendent authorized to contract with, for instruction of teachers 91, 92, 93 State Superintendent authorized to contract with, for artisans, etc . . 92, 93 Instruction to be given in anatomy, physiology, zoology,' physical geography, etc 91, 92, 93 Annual Reports: State Superintendent to Legislature 7, 9, 24 Printing and distribution of Superintendent's Report 153 School Commissioners to State Superintendent. 16 Trustees to School Commissioners 55, 56, 57, 81, 137 Supervisors to County Treasurer 29 Trustees at annual district meeting 54 Collector at annual district meeting 65 Boards of Education in Union Free School Districts to School Com- missioners 81 Boards of Education of any city or village of 6,000 inhabitants who have contracted to teach children of an adjoining district 133 Joint districts • • • 56 Annulment of School Districts. (See School Districts.) Annulment of Teachers' Certificates : By State Superintendent , 10 By School Commissioners .... 15 11 162 Index. Apparatus For Schools : page. Trustees may purchase, when 53 Inhabitants mar vote a tax for 40 Insurance of 40, 50 Appeals : How taken 85 Rules governing , 154 Testimony may be taken by School Commissioners, when 16 Superintendents' powers and duties 11, 85, 86 Decision, effect of 85, 86 Apportionment of School Moneys • By State Superintendent ... 17, 23, 89, 90 May be reclaimed 21, 22 By School Commissioners 25, 29 Errors in, how corrected 27 Districts entitled to 27, 28 Orphan asylum schools 114, 115 Indian schools 19, 103 Equitable allowance to districts by State Superintendent 21 Arbor Day : Act creating it 94 Duty of school authorities 94 Exercises upon 94 Assessments : Of property for school district taxes 57-61, 72-76 Of railroads 146-149 Of bank stock 140-144 Of banks 140-144 Of telegraph, telephone and pipe lines 146, 147 Of reaf estate 57-61 Of personal property 57-61 Of lands in the Forest Preserve 145, 146 Of property of Delaware and Hudson Canal Company 14i>, 144 Exemption 59 Assessors : Duly of, in relation to taxation of corporations 140-145 Duly in relation to forest lands 140 Asylums : For blind 6, 7, 8 pupils to, appointed by State Superintendent 7 For deaf and dumb 6,7, 8 pupils to, appointed by State Superintendent 6 For idiots 6 State Superintendent as trustee of 6 Orphan, schools of, to share in public moneys 114 Orphan, schools of, subject to same regulations as common schools. ... 115 Banking Corporations: Taxable 140, 144 Bank Stock: To be assessed 140, 144 Blind, Institutions for: Visitation by State Superintendent 6 State pupils, how admitted 7 Admission of State pupils regulated 7 Index. 1(33 Blind, Institutions for — (Continued) : page. Support of State pupils 7, 8 Term of State pupils 7 Boakds of Education : In Union Free School Districts, powers of 75-78, 117, 118, 119, 120 In cities of less than 30,000 inhabitants, how to acquire building sites. . 122 May contract for education of children of adjoining district 133 May establish evening schools for instruction in industrial drawing. . . . 118 May establish departments for industrial training 117 To cause drawing to be taught in certain districts 120 May establish free kindergarten schools 118, 119 May cause free instruction in vocal music 119 Bonds: By supervisors 28 By collectors 39, 45, 62, 72 By treasurers and collectors in Union Free School Districts 72 Collector's bonds to be filed , 62 Fees for, filing 62 For building school-houses and purchase of sites 43, 74, 75 Books, Blanks, etc. : Superintendent will furnish 10, 11 Books for Records : Trustees may purchase, when 53, 54 Boundaries of School Districts: School Commissioners, duty to describe definitely 13, 121 To be filed with town clerks 13, 33, 34 Alteration of 33, 34, 35 Census, School. (See Enumeration.) Certificates of Qualification to Teach: Granted by State Superintendent 9 List of, to be kept by Superintendent 9 Granted by School Commissioners 15 State Superintendent may annul 9, 10 School Commissioner may annul 15 Temporary, when granted 10 Chairman : Of district meetings, how chosen 38, 39 Of neighborhood meetings, how chosen 38, 39 Of meeting to form Union Free School Districts, how chosen 70 Challenge: Who can offer 38, 39, 130, 131 Proceedings upon 38, 39, 120, 121 Chamberlain of the City of New York: State school moneys payable to. 22 Cities: Apportionment of public moneys to 19 Local tax for support of schools 139, 140 Boards of education in, may contract with trustees of adjoining school districts to educate the children of the district 133 Common councils of, to report trusts 23 Of less than 30,000 inhabitants, how building sites may be acquired. . . 122 Certain cities not to be included in Commissioner Districts 121, 122 Evening schools for instruction in drawing , 117, 118 164 Index. Cities — (Continued): page. Drawing, industrial, in schools of 120 Schools for colored children in 81, 82 Free kindergarten, school in 118, 119 Vocal music may be taught in 119 Clekks op Boards of Supervisors: State School tax, duty regarding. . . 17 Clerks in State Superintendent's Office: Appointment of 6 Clerks of School Districts: How chosen 39, 46, 71 Qualifications of ... . 44, 71 Term of 44, 46, 71 Salary of, in Union Free School Districts 71 Trustees may appoint, when 46 Vacates his office, when 46 Penalty for refusal to serve, or neglect in office 45, 46, 47, 48 Duties of 35, 36, 37. 130, 131 Resignation of 46, 71 Vacancy, how filled 46 State Superintendent may remove 10 Code of Public Instrction: Provision for its distribution 152 Custodian of 152 Collector of School District: How chosen 39, 71, 72 Qualifications necessary 43, 71, 72 Term of 44, 45, 46, 71, 72 Bond of 39, 62, 71, 72 Bond to be filed 62 Fee for filing 62 Vacates, when 45, 72 Resignation of 45, 46 Vacancies, how filled 39, 45, 46. 71, 72, 77 Duties of 60-66 Fees of 64 State Superintendent may remove, when 10 Amount of unpaid taxes payable to 60, 61 Colored Children : Schools for 81 Schools for, in New York city 100 Comptroller : State school moneys, withheld by. . . 18 Commissioner. (See School Commissioner.) Common School Fund: What constitutes 17, 18 19 How apportioned 17-23, 25-29 Error in apportionment may be corrected 21-22 Payable when, and to whom 22 Common Schools. (See Schools.) Compulsory Education : Act in relation to 95-99 Index. 165 Condemnation of School Buildings and Furniture: page. Commissioner has power 14, 15 Contingent Fund : Apportionment to 19, 20 Equitable allowance payable from 21 Supplementary apportionment to be paid from 22 Contracts: With teachers 50, 51, 76, 134, 135 State Superintendent with American Museum of Natural History 91-94 Trustees of district, with boards of education of adjoining city or vil- lage, to teach children of the district 133 Cornell University: State Superintendent a trustee of 6 State scholarships to, law governing 100, 103 Duty of School Commissioners, relative to scholarships 101, 102 Sons of soldiers and sailors to have preference in scholarships 102 Record of State scholarships to be kept 102 Costs : In actions by or against school officers < 87, 88, 89 District meeting may vote a tax for 41 Disputed, County Judge to adjust 87, 88, 89 County Clerk: School Commissioner's election or appointment to be certified by 11 To give notice of a vacancy in the office of School Commissioner 12 Trustees' reports to be kept by 16 County Judge : May appoint School Commissioner to fill vacancy 12 May appoint persons to receive and disburse public moneys, when. . 28, 29 To hear and decide appeals concerning school officers' costs and expenses 87, 88, 89 Deaf and Dumb, Institutions for: Visitations by State Superintendent 6 State pupils, how admitted 6 Admission of, regulated 6, 7 Support of 8 Terms of instruction 8 High class in, superintendent may appoint to 7 Decision of Appeals: By State Superintendent, when final 85 Delaware and Hudson Canal Company : Relative to taxation of property of 143, 144 Deputy State Superintendent : Appointment of 5 Dictionaries : District meeting may vote for 40 Trustees may purchase, when 53 Library money used for, when 66, 67 Diplomas : Of normal schools 10, 48 How annulled 10, 15 Record of, in State Superintendent's office 10 Dissolution of School Districts. (See School Districts.) 166 Index. District Attorneys: page. To report to Boards of Supervisors 24 Embezzlement b} r , a felony 25 District Clerk. (See Clerks of School Districts.) Districts : School Commissioner's, what are 11 Common school, how formed 13, 33-37 Neighborhood, how formed 36, 37 Joint districts 33, 34 Apportionment of public moneys to 17-23, 25-30 Alteration of 11, 33-36 Consolidation of 34, 35 Annulment of 34, 35 Dissolution of 34, 35 Disturbing Schools or Meetings: Section 448 of Penal Code provides a penalty. Drawing: To be taught in Normal Schools, Union Schools, school in cities, and in Free School Districts incorporated by special act 117 Industrial drawing, evening schools for 118 State Superintendent may excuse the teaching of, in certain Union Free Schools 120 Election of Officers: Of State Superintendent 5 Of School Commissioners 11 Of Boards of Education 70, 71, 129, 130 Of district officers 38, 39, 44, 45, 46 Of district officers in districts having more than 300 children of school age 129, 130 In Union Free School Districts 70, 71 Superintendent may order 1 31 Enumeration : Of children of school age 56, 103, 104 Equalization : Of valuations in districts composed of parts of two or more towns. . 58, 59 Examinations: For teachers' certificates 9, 15, 115, 116 For State certificates. 9, 115, 116 By School Commissioners of schools, etc 15, 115, 116 Of applicants for admission to Normal Schools 1 10, 111 Of applicants for admission to Cornell University 100, 101 Fees: For riling collectors' bonds 62 Supervisors' 34 Town clerks' 32, 34, 62 Fences : On school lots 135 Fines asd Penalties: School Commissioner, when liable 13, 86, 139 Supervisor 25, 28, 1=^9 Trustee 25, 46, 49, 52, 55. 80. 87, 139, 150 Collector 25, 46, 65, 66, 139 Index. 167 Fines and Penalties — (Continued) : page. Clerk 35, 36, 46, 47, 86, 139 Inhabitant • 36, 39, 46, 67, 68, 86, 97, 131, 149 Other officers or persons 25, 39, 86, 87, 97, 130, 181, 149 When officer whose duty to sue, neglects 86 How paid and apportioned 24 Forest Lands — Forest Preserve : Taxation of 145, 146 Formation and Alteration op School Districts. (See School Districts.) Free School Fund: Condition of, to be reported to State Superintendent 17 How disbursed 17 School Commissioners' salaries, to be paid from 120 Fuel, etc. : District meeting to vote tax for 40 "When trustee may provide 50, 53 Furniture : School Commissioners may condemn 14 Globes, etc. : District meeting may vote tax for 40 Trustees may purchase, when 53 Library money used for, when 66, 67, 68 Gospel and School Lots: Supervisors, trustees of 29 Report of 23 Health and Decency: Act to promote 135 Holidays : What are 99 Included in school year; no school in session 20 Falling on Sunday, Monday to be observed . 99 Hygiene and Physiology: Providing for study of 150 Idle and Truant Children : How persons may be relieved from care of 97, 98, 99 Provisions of " Compulsory Education Act," relative to 95-100 Illegal Voting at School District Meetings: How prevented ; 38, 39, 130 Penalty for 39, 131 Indians: Apportionment of moneys for 19, 103, 104 State Superintendent has charge of 6, 103, 104 Education of 48, 103, 104 Appointment of, to Normal Schools 113. 114 Industrial Drawing : Evening schools for instruction in 118 Industrial Training : Public schools to give instruction in 117 1(58 Index. Inhabitants: page. Who are taxable 59 Who are voters at school meetings 38 Institutes. (See Teachers' Institutes.) Insurance: Of district school buildings, etc 40, 50 Of apparatus 50 Of district libraries 50 Of Normal School buildings 113 Installments : When tax may be collected by 42, 43 When in Union Free School district 72, 73, 74, 75 Joint Districts: How to be formed 33, 34, 35 Alteration or dissolution of 33, 34, 35 How to be numbered 33 Reports from 5(5 Penalties imposed in 25 Justices of the Peace: Jurisdiction of, under compulsory education act 99 Kindergarten Schools: Free Kindergarten Schools may be established in cities and villages. . 118, 1 19 Lands for School Sites. (See Sites.) Legislature: State Superintendent chosen by ° To regulate trusts for benefit of schools 2^ May alter or modify School Commissioner districts ll Librarian : How chosen 39, 46 Qualification of 44 Term of 44, 46 Duty of 47, 66, 67 Resignation of 46 Vacancies, how filled 46 Libraries. (See, also, libraries under heading " State Superintendent of Public Instruction ") : State Superintendent has supervision over 66, 67, 68 Public moneys for 19, 66, 67 School Commissioners to examine 14 School Commissioners to apportion moneys for 25, 26 Trustees have custody of and to appoint teacher librarian 67 District meetings may vote a tax for 40, 67 Regulations of 66, 67, 68 When moneys apportioned for, may be used for teachers' wages . . 52 Trustees may insure, when 50 Book case for 40 Free public libraries 67, 68 Public not to use school libraries 68 License to Teach : By State Superintendent 9, 10 By School Commissioners 15 Annulment of 9, 10. 15 Index. ] 69 Maps, etc. : page. Trustees may purchase, when 53 District meeting may vote tax for 40 Meetings, Annual: In school districts 37, 38 Powers of 39, 40, 41, 42, 43, 67 In neighborhoods 36, 37 Powers of ... 39 In Union Free School districts 78 Powers of 71, 72, 73, 74, 75, 78, 79 Board of Education in Union Free School districts 72 I'owers of 70-80 Meetings, Special : Trustees to call, when 14, 15, 36, 37 Notice to be given 35, 36, 37, 47 School Commissioners may call, when 36 Form of notice 36, 37 Neighborhoods 36, 37 Trustees to call 36, 37 Notice to be given 36, 37 Union Free School districts 68, 69, 72, 73, 74, 75 In dissolved districts 35, 137, 138, 139 Misdemeanors : School Commissioner acting as agent for publisher, etc 13 Embezzlement by supervisor or other officer 25 Refusal by supervisor to give security. 28 False declaration by peison offering to vote 38, 39. 130, 131 Trustees paying unqualified teacher's wages 49 Trustees signing false report 25 Music, Vocal: May be taught 119 Narcotics : Effects of, to be taught 150 Nautical School (New York city) : Act relative to 104, 105 Neighborhoods : Apportionment of public moneys to 21, 27 Formation and alteration of 33, 34 Annual meetings '. 32 Special meetings 37 Power of voters at meetings 38, 39 Clerk of , 38,39,43,44,45,46,-47 Report to School Commissioners 57 Penalty for signing false report 25 Non-Residents : Lands of, how assessed 58 Bank stock of, how assessed 140, 141, 142, 143 Children may attend school on terms 48, 76 Taxes paid by, to be deducted from charge for tuition 48, 76, 134 Non-Residents, Lands of : Taxable 58 Normal Schools : Power of State Superintendent over 6, 106, 111 Local boards in 109, 111 170 Index. Normal Schools — (Continued ) : tagb. Pupils, how admitted 110 Diplomas of, constitute holder a qualified teacher 48, 110, 111 Diplomas may be annulled 10, 15, 111 List kept in State Superintendent^ office of holders of diplomas 10 Protection of property of 112 Albany, act for its establishment 105 Albany, act for its permanent establishment 107 Other acts providing for 108-115 Insurance of buildings 113 Industrial drawing to be taught in 120 Industrial training in 117 Indians may be appointed to 113, 114 Tuition moneys, how to be used 114 Teachers in, number of and wages 110 Physiology and hygiene to be taught in 150 Vocal music may be taught in 119 Nuisances : School Commissioners' may direct trustees to abate 14 Trustees to abate, when 53 Oath: State Superintendent may administer 11 School Commissioner may administer, when 16 On challenge at school district meeting 38, 39, 130, 131 Teacher's, to school record 54 Officers. (See Election of.) Orders: For teachers' wages 30, 31, 51, 52, 58 Orphan Asylums. (See Asylums.) Outbuildings : Trustees must erect, when 53, 135 Expenses of, how paid 53, 135 School Commissioners may direct repair of 14 Separated by fence, and kept clean 135 Parents : When entitled to vote 38 Physiology and Hygiene : Providing for study of 150 Plans for School Buildings : Superintendent to furnish 132 Police Justices. (See Justices of the Peace.) Population : Public moneys apportioned according to 18-23 Privies : Trustees must construct and maintain, as provided by law 53, 135 Property • Of districts, held by trustees as a corporation 49 Of consolidated districts 34 Of annulled and dissolved districts 34, 35 What is taxable 56, 57-61, 140 Index. 171 Property — (Continued): fage. Railroad property 146, 147, 148 Telegraph, telephone and pipe line companies 146, 147 Delaware and Hudson Canal Company 143, 144 Held in trust 22, 23, 49 Public Moneys : For State Superintendent's salary 5 For compensation of clerks in State Superintendent's office 6 For support of State pupils in asylums 8 For salaries of School Commissioners 12, 120 For support of Common Schools 17, 18 For Teacher's Institutes 82-84 For Orphan Asylum Schools 114, 115 For Indian Schools 89, 90, 103, 104 For teachers' training classes 115 Pupils : Who are eligible to common schools ... 48 Indian 48, 103 Non-resident, when may be. 48, 76 Deaf and dumb 6 Blind 7 Trustees to report number of 56 Trustees to enumerate 56 Vaccination of 136 Qualifications op : Voters 38 District officers 44, 71 Teachers 48, 150 Pupils 48 Pupils in asjdums 6, 7 Eailroad Companies: Property of, how apportioned 146 Notice to be given to 63, 145, 147, 148 Taxes against, how collected 148 Delaware and Hudson Canal Company's property, apportionment of . . . 143 Rate Bills: Abolished 139, 140 Records, Teacher's: Of scholars 49, 53, 54 Verification of 54 Relationship : Employment of teachers affected by 50, 51 Removals from Office: By State Superintendent 10, 81 By Boards of Education in Union Free School Districts 77 Repairs : District meetings may order .... 40 School Commissioners may direct 14 Trustees may make, when t 50, 53, 135 Reports: By State Superintendent 7, 9, 24 Distribution of Annual Reports 153 By School Commissioners 16, 84 ]72 Index. Reports — (Continued) : page. By trustees to district meetings 54, 55 By trustees to School Commissioners 55, 56, 57, 83 Of joint districts 56 By collectors 65 By Boards of Education of Union Free School Districts 78, 79, 81 Of libraries, by trustees 66, 67 False, penalty for 25, 55 School districts whose officers neglect to report, effect on 31, 22 Supervisors 23, 24, 29 By local boards of Normal Schools 109, 110 County treasurer to report fines, etc 24 District attorney 24 Of trust funds 24 Residence : Of district officers 44, 71 Resignation : Of School Commissioners 12 Of district officers 46, 77 Rooms: Trustees may provide temporary, for schools 53 Rules op Practice: On appeals 154-159 Salary : Of State Superintendent 5 Of Deputy State Superintendent 5 Of clerks in State Superintendent's office 6 Of School Commissioners 12, 120 Of Superintendent of Schools 77 Of clerks of Boards of Education 71 School Commissioners: Election of, term of, and qualification bv . 11 , 12 Salary of 12 Salary payable from Free School Fund 120 Salary may be vs ithheld, when 13 Removal of 10 Expenses of, audit by 12 Duties and powers of. ... 11, 17, 21, 25-29, 33-37, 42, 43, 44, 45, 46, 53, 70, 77, 82-85, 94, 101, 102, 116, 121, 135, 139, 150 Reports by 16, 84 Resignation of 12 Vacates his office, when 12 Vacancies, how filled 12 Term of appointee 12 School Commissioner Districts : What are 11 How altered 11, 121, 122 Commissioners of, how chosen 11 When boards of supervisors may form 121 , 122 Division of 11, 122 Erection of new districts 11, 122 Cities not included in 121 School Districts with more than Three Hundred Children of School Age: Elections in 129, 130, 131 Index. 173 School Districts: page Formation of 83, 34 , 35 Alteration of 33, 34, 35 Consolidation of districts 33, 34^ 35 Annulment of 34 Dissolution of 34 ; 35 Joint districts 34 Dissolved, exist in law for certain purposes 35 School-Houses : Care and custody of 49, 50 Use of, other than for schools 54 When taxable inhabitant exempt from tax for building 59 How condemned 14 ( 15 Building of 15, 40, 41, 42, 50, 72, 73, 74, 75 Furniture of, may be condemned 14 Plans and specifications for , 132 Plan of, to be approved 42 Sale of 43 Insurance of 40 50 113 Sites for 40, 41, 42, 72, 73, 74^ 75,' 122 Repairs of 14, 50, 53, 72, 73, 74, 75 Fuel, etc., for 40, 50, 51 Nuisance about, how abated 14, 53 Outhouses for 52, 53, 72, 73, 74, 75,' 135 Tax for building, may be collected by installments 42, 43, 72, 73, 74, 75 Money for building may be borrowed 42, 43, 72, 73, 74, 75 Lease or purchase of 40, 53, 54 Schools, Common: Visitation of, by State Superintendent , 7 State Superintendent may appoint visitors to 9 State Superintendent's report of 9 Who may attend as pupils 48 Non-resident pupils in, law concerning 48, 76, 134 Temporary rooms for, and branch schools. ' . . .' 53 For colored children 81, 82 State moneys for the support of 17-23 Trusts for the benefit of 22, 23 Teachers of, when qualified 48', 150 Teachers, record of 49, 54 Closed without loss of time, when 83 Industrial training, instruction in 117, 118 School, Nautical (New York City) : Act relative to 104 School Officers: Removol of ' 10, 77, 81 Actions by and against [ 87', 88 Not to be interested in official contracts ■. 78, 139 Duties of. (See Respective Titles,) School Tax. (See Tax.) School Year: What constitutes t 20 School Visitor: Appointment of 9 Duties of ......'. 9 How designated 40," 42, 43, 72,"73, 74,' 75 Title to, how acquired 40, 50, 122, 127, 129 174 Index. Sites- page. Tax for purchase of 40, 73, 74, 75, 126 Change of 43 Sale of 43 Sole Trustee. (See Trustee.) Soldiers and Sailors: Sons of, to have preference in Cornell scholarships 102 Special Meetings. (See Meetings.) State Certificates: Issuance of 9 Annulment of 9, 10, 15 State School Moneys: Consist of 17-2.3 Appportionnient of, by State Superintendent 18-23, 89, 90 When payable 22 Apportionment by Scliool Commissioner 25-29 Disbursement of, to Supervisors 29, 30 Unqualified teachers cannot be paid 48, 49 Apportionment by trustee . 52 Supervisor to report to County Treasurer concerning 29 In apportioning, Union Free School districts regarded as a school district, 75 School closed during institute, no loss of 84 Loss of, by school officers 88 State Superintendent of Public Instruction : Election of, term, salary 5, 6 Deputy, appointment of, and duties 5 Clerks of. appointment 6 Seal of, effect of 6 Vacancy, how filled 5 Regent of the University 6 Trustee of Cornell University 6 Trustee of New York Asylum for Idiots 6 Powers and duties of : American Museum of Natural History, authorized to contract with 91, 92, 93 Appeals to, when may be taken 85 To regulate practice on 154 May grant stay pending 85 May decline to entertain or dismiss 85 May direct School Commissioner to take evidence in 16 To file and arrange all proceedings on 85, 86 To decide 85, 86 Arbor Day: To prescribe exercises 94 Blind, institutions for 6, 7 A 11 incorporated, subject to his visitations 6 A ppointment of State pupils to 8, 9 May extend term of instruction 8, 9 To regulate admission to 8, _9 Code, to distribute to districts 152 College Graduates: May issue teacher's certificates to 9, 10 Cornell University: Appointment of State pupils to 100, 101, 102 Examination of applicants conducted by 101, 102 Record of appointments to be kept by 102, 103 Index. 175 State Superintendent of Public Instruction : Powers and duties of — (Continued) : page. Deaf and dumb, institutions for , 6, 7, 8 Incorporated, subject to his visitation 6 Appointment of State pupils to 7, 8 High class in 7 To regulate admission to 7, 8 Drawing, instruction in, may excuse, in certain Union Free School Districts 120 Elections in certain districts may be ordered by , 131 Fines and penalties apportioned by . . 24 Indian children: To provide for their education 48, 103, 104 To cause annual enumeration of, to be made 103, 104 Apportionment for their schools 19, 103, 104 May appoint to normal schools 113, 114 May be admitted to district school by 48 Industrial training, may prescribe extent of instruction in, in normal and training schools 117, 118 Inhabitant, may be directed to give notice of meeting 38, 68 Teachers' institutes, may provide instruction in vocal music in. . . . 119 Joint districts, to prescribe form of reports for 56 Libraries: Shall apportion school library money 66 No district to share unless equal amount be raised and used. . . 66 No part of school library money to be expended except for books approved by Superintendent 66 School libraries to consist of reference books for use in the school room, etc 66 School library part of school equipment and kept in school building, etc 66 School library not to be used as a circulating library, except, etc. 66 Teacher appointed by trustees as librarian 67 Trustees and teacher responsible for safety and proper care of books 67 To report concerning library as and when required by Superin- tendent 67 School districts to raise money by tax for libraries as other school moneys are raised, etc 67 Districts may give books and other library property for free public libraries, etc 67 Public not entitled to use libraries in custody of school authorities, but may appoint trustees, etc 68 Superintendent may withhold share of public school moneys, when 68 Rides for, may alter and amend 66 Neighborhoods, special reports may be required from 57 Normal Schools : To have genei'al supervision 106 To appoint local boards 109 To report to Legislature annually relative to 106, 110 Course of study to be approved by 110 Teachers, number of, and wages 11q Pupils, number of, to be admitted 110, 114 Non-residents, tuition fees to be prescribed 110 Examination of applicants, he to prescribe 110 Indians, appointment of , to 114 Diplomas to be granted and may be annulled 110, 111 Tuition money, to direct expenditure 114 Industrial training, to prescribe course of study in 117, 118 176 Index. State Superintendent of Public Instruction : Powers aud duties of — Continued) : page. Industrial drawing to be taught 120 Vocal music may be taught 118, 119 Outbuildings, may order erection of 53 Penalty, may direct its application for teachers' wages 152 Plans for School Buildings : To cause to be prepared for use of districts 132 Registers, blanks, etc., to prepare aud furnish 10 Reports : Annual report of 9 When to be presented 9 What to contain 7, 9. 24 School, to visit as far as possible 9 School Commissioners : When appointed by 12 Salary payable on certificate of 12 May withhold salary for cause 12, 13 May require duties to be performed in adjoining district 13 May require testimony to be taken by, on appeals 15, 16 May require reports at any time 16 Subject to rules and regulations of 16 School officer, may remove for cause 10 State School moneys : To draw drafts on 17, 18 With State Treasurer, to borrow money when necessary 18 To apportion and divide* 18, 19, 20, 21, 22 To make supplemental apportionment 21, 22 To reclaim excess in apportioning 21 To certify result of apportionment 22 Supervisors' accounts, may require town clerks to furnish copies, 32 Tax lists: May authorize trustees to amend and correct 64 Teachers' certificates : To grant State certificates, and may revoke 9, 10 May annul certificates of School Commissioners or diplomas of Normal Schools 9, 10 Record of State certificates to be kept in his office 10 Record of Normal diplomas to be kept 10 Teachers' Institutes : To advise with School Commissioners relative to 82 To employ suitable conductors 82, 83 To visit as many as possible 83 To establish basis for appropriations for 83 To regulate the issuing of certificates of qualifications 83 To direct trustees to include district complying with law in apportionment of public money 83 Expenses of, to be paid on his certificate 83, 84 May require particular report of 84 Teachers' Training Classes: Under his supervision 116, 117 Trusts: May be grantee or devisee of property for use of schools. ... 22, 23 To advise and supervise the trustees of such trusts 23, 24 May require reports as to trusts 24 To "report condition of 24 Trustees: May require special reports from time to time 57 Index. 177 State Superintendent op Public Instruction : Powers and duties of — (Continued). pagb. Union Free Schools Districts : May direct inhabitant to call meeting to consider the formation of, 68 To determine what are contingent expenses 79 Subject to his visitation 81 May require special reports from 81 May remove from office members of boards for cause. 81 Visitors: To schools, may appoint 9 State Tax : Authority for 17 Stimulants : Effect of, to be taught 150 Stockholders in Banks: Taxation of 140-144 Studies: School Commissioner to recommend ' 13 Industrial and free hand-drawing to be taught in certain districts. . 118, 120 Industrial training may be given 117, 118 Physiology and hygiene must be taught 150 Vocal music may be taught 119 Superintendent of Schools: In certain villages and Union Free School Districts 77 Appointment of 77 Salary of 77 Supervisors: Powers and duties of, in relation to State school moneys. . 27, 28, 29, 30, 31 Reports of, in school matters 23, 24, 29, 30, 31 To give bonds, when 28, 29 Liable for neglect, etc 25, 28, 29 Duty of, in altering, etc. , school districts 34 Fees of 34 Sale of property by, in annulled districts 34, 35 To sue for moneys belonging to dissolved districts 30, 35 Duties of 29, 30, 31, 32, 33, 34, 35 To sue for penalties 31 Cannot be a trustee • • • 44 When assessors neglect to apportion valuation of railroad companies, duty of 147 To equalize valuations in certain districts 58, 59 Supervisors, Boards op : Salary and expenses of School Commissioners 12 To levy amount of school district taxes returned unpaid 60, 61 Power" to divide School Commissioner districts, in certain cases 121, 122 Power to create School Commissioner districts, in certain cases 121, 122 Tax: State, for the support of common schools, how raised 17 For school-house sites, etc 40, 42, 72, 76, 126 For teachers' wages 40, 41, 51, 52, 75,77, 79 May be levied by installments, when 42, 43, 72-76 List and warrant to collect 50, 57, 62 Any legal expense may be raised by 53 When to be assessed 57 Warrant for collection 62 Upon towns for School Commissioner's expenses 12 Notice of, to be given 63, 64 12 178 Index. Tax — (Continued) ; page. For building school-bouses 14, 15, 40, 42, 43, 72-76 For expenses of vaccination 136, 137 For scbool library. . . 67 Unpaid, procedure 60-66 When trustees may sue to recover 64 In Union Free Scbool Districts 69, 72, 73, 74, 75, 76, 79 Tax List: Trustees to make out 50, 51, 57, 74, 75 When to make 57-74 Directions for making 57, 58, 59 Errors in, bow corrected 64 Warrant to 57, 62 Returned, to be filed , 65 Taxable Inhabitants: Who are 59 Powers of 66 Taxable Property: What is 57, 58, 59, 60 Valuation of , 58 Teachers: Who are qualified 48, 150 Shall keep record of scholars 49, 54 Employment of 50, 51, 76 When required to assist in library 67 Certificates to, bow annulled 9, 10, 15 Examinations of 9, 15 Candidates for, must pass examination in physiology and hygiene 15() Institutes ' 82-85 Wages of 40, 41, 48, 49, 50, 51, 52, 53, 134, 135 Term of employment by trustees limited 50, 51 Instruction of, in academies and academical departments of Union Schools 115, 116, 117 Contracts with 50, 51, 76, 134, 135 Of neighborhood schools, when deemed qualified 30 Teachers' Institutes: When to be held 32, 82 Apportionment for 83 Regulations for 82-85 Schools shall be closed during 83, 84 Teacher's absence from scbool attending, excused 83, 84 Reports of 83, 84 Teachers' Training Classes: In academies and Union Free Schools 1 15-117 State Superintendent to supervise 116, 117 Subject to visitation by School Commissioners 116 Telegraph, Telephone and Pipe Line Companies: Assessment of 146, 147 Tenants: May be taxed 57, 58, 59 May charge owner with amount of tax paid, when 59 Terms op Office : Of State Superintendent 5 Of School Commissioner 11, 12 Of trustees 44, 45 Of district officers 43, 45, 46 In Union Free Scbool Districts 70, 71, 72 Index. 179 Text Books: page. To prevent frequent changes of 149 For poor children 40, 97 Boards of education in cities, villages and Union Free School Districts to designate 149 Annual meeting to designate in common school districts 149 How changed 146, 149 Town Clerk: Duties of 31, 32, 33, 62, 63, 64 Fees, expenses and disbursements of 32, 34, 62 To furnish certain statement 144, 147 To file returned tax-lists, etc 65 Treasurer (State): Powers and duties of, in relation to school moneys. 6, 17, 18, 146 Treasurer (County) : State school moneys payable to 22 Uncollected taxes, duty regarding 61 , 62 Truant Children: How persons may be relieved from care of 97, 98 Provisions of " Compulsory Education Act," relative to 95-99 Trustees: How chosen 39, 70, 129-132 Qualification of . . 44, 151 Term of 44, 45, 70, 71 Number of, how determined '. 44, 45, 70, 71 Powers and duties of. . 14, 15, 23, 25, 33, 34, 36, 37, 40, 41, 42. 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73. 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 94, 95, 116, 117, 118, 119, 120, 122, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152 Control of district property 49, 152 Reports, annual 53, 54, 55, 56 Reports of : 54, 55, 56, 57, 67, 80, 83, 84, 133, 137 False reports, penalty for 25 Removal of 10, 77, 81 Vacates office, when 46 To indorse approval on collector's bonds 62, 72 To file collector's bonds 62 Teachers' institutes, duty regarding 83, 84 Vacancies, how filled 39, 45, 46, 77 Expenses of, actions for and against 40, 87, 88, 89 May sue to recover tax, when 64 Powers and duties of, in relation to vaccination 136 Powers and duties of, in relation to compulsory education act . ...... 95 May contract with adjoining city or village in certain cases 133 Trusts for Benefit of Common Schools : By and to whom made 22, 23 Legislature regulates 23 Reports concerning 23, 24 Union Free Schcol Districts: Formation of 68, 69, 70 Officers of, how chosen 70, 71, 72-76, 129 Board of Education in 70, 71, 72, 73, 74, 75 Board of Education, powers and duties of 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 Board of Education, annual meeting of 74 J 80 Index. Union Free School Districts — (Continued): PAeEl Inhabitants, meetings of 70, 71, 72, 73, 78 Inhabitants, annual meetings of 78 Report to 78, 79 Teachers, how employed 76, 134, 135 Academical department in 76, 80, 81 Teachers' training classes in 115, 116 Superintendent of Schools in 77, 78 Colored children in 82 Dissolution of 137 Sites for, how acquired 122 Industrial training, instruction in 117, 118 Evening schools fortinstruction in drawing authorized 118 Drawing, industrial 120 Free Kindergarten Schools, may be established 118, 119 Vocal music may be taught in 119 United States Deposit fund : Apportionment of 18,19,20, 21 University of the State of New York : State Superintendent a Regent of 6 Vacancies, how filled : Office of State Superintendent 5 In office of School Commissioner 12 In district offices 45, 46 In offices of Union Free School Districts 71, 72, 77 Valuation of Property: How determined 58, 140 Provisions relating to 57, 58, 59, 60, 140-144, 145, 146, 147 Villages Incorporated: When Board of Education may appoint Superintendent of Schools. . 77, 78 Visitors: State Superintendent may appoint 9 Voters : Qualifications of 38 Challenge of...; 38, 39, 130, 131 Declaration by 38, 39, 130, 131 Vaccination : Of school children ] 36 Expenses of, how raised 136, 137 Water-closets : Law concerning 135 Warrant : Form of 62 Who issues 62 Execution of 62, 63, 64 Renewals of 64, 65 Returned, to be filed 65 Women : Eligible to hold office 151 Eligible to vote at school meetings, when 38, 39, 151 Determining who have a right to vote for School Commissioner. . 150, 151 Year : For term of officials 44 For schools 20 Holidays, included in; no school in session on a legal holiday 20