""'■ ' '' ■■ ■ " ' "^y- Class _i4^.^B5r^3- MkJ^^lS- SMITHSONIAN DEPOSIT THE COMMON SCHOOL SYSTEM OF THE STATE OF NEW-YORK COMPKISING THE SEVERAL GENERAL LAWS RELATING TO COMMON SCHOOLS, TOGETHER WITH FULL EXPOSITIONS, INSTRUCTIONS AND FORMS F6r the USE OF THE SEVERAL SCHOOL OFFICERS AND IN- HABITANTS OF DISTRICTS, A COMPLETE DIGEST OF THE DECISIONS OF THE STATE SUPERINTENDENT, AND THE SEVERAL LOCAL PROVISIONS FOR THE SUPPORT OF COMMON SCHOOLS IN THE CITIES AND VILLAGES OF THE STATE. TO WHICH IS PREFIXED A HISTORICAL SKETCH OF THE ORIGIN, PROGRESS AND PRESENT OUTLINE OF THE SYSTEM. Prepared in Pursuance of an Act of the Legislature, UNDER THE DIEECTION OF THE HON. CHRISTOPHER MORGAN, SUPEEINTKNDENT OF COMMON SCHOOLS. < BY SAMUEL S."^ RANDALL, DEP. SUP T COMMON SCHOOLS. i. <>y TROY, N. Y.: JOHNSON AND DAVIS, STEAM PRESS PRINTEKS. 185L 1 ^"h- PREFACE. In submitting the following work to the inhabitants and officers of school districts, the various town and county officers charged with the local adminis- tration of the common school system in its several departments, and the pub- lic generally, the compiler has been actuated by an earnest desire to diffuse as widely as possible, a more thorough and accurate knowledge of the history and details of that system than has hitherto appeared. Having been con- nected with the department of Common Schools, with a slight interval, for the past fourteen years, during which period five successive Superintendents have been in office, and the system has undergone numerous important mod- ifications, the necessary materials for a complete digest of its various provisions, as well as for the requisite adaptation of the numerous expositions, decisions, and instructions of the department, to the present state of the law, were probably more fully within his reach than that of any other individual The volume of Laws and Decisioas prepared and published by Gen. Dix in 1837, however valuable for its intrinsic interest, and for its clear and lucid exposition of the fundamental principles of our system of public instruction has become to a very great extent inapphcable to the existing details of that system ; and where reUed upon as a guide, by officers of districts, of towns and counties, must necessarily embarrass and mislead. The compiler of the present work has therefore deemed it his duty to obviate this result so far as may be in his power, by giving first, a general abstract of the existing provis- ions of the law in reference to the powers, duties and liabilities of each class of officers connected with the administration, of the system, and of the inhab- itants of the several school districts ; and secondly, a digested view under each head, of the various instructions, expositions, and decisions of the depart- ment, or rather of the principles of such instructions and decisions, in their application to the law as it now stands : preceded by the general laws and the various local provisions applicable to the several cities and larger towns. A historical sketch of the origin and progress of the system from its incep- tion to the present period, accompanied by a brief exposition of its present condition, has been annexed to the work, with the design of rendering it more acceptable as well to our own citizens as to those of other portions of the Union, who may feel an interest in tracing the gradual advancement of our legislation on this important subject, and in ascertaining the prominent features of our system, as moulded by the successive improvements consequent upon an experience of nearly forty years. * ' IV The importance of an iiniform and enlightened administration of a system embracing so great a variety of interests and forming so material an ingredient in the intellectual, moral, and social civilization of the community, has not been one of the least among the considerations which have led to the publication of this work : and if through its means any facilities shall have been afforded for the accomplishment of this desirable result, the time and pains spent in its preparation will not have been regretted. That it is free from imperfections and errors it would be presumptuous to assert ; but in commending it to those for whose use it is specially designed, and to the friends of popular education generally, the compiler can accompany it with the assurance that no efforts on his part have been spared to render it worthy of their attention and regard. Albany, May, 1851. SECRETARY'S OFFICE, ) Department of Common Schools. ) Albany, May 15, 1851. Havmg examined the following " Digest of the Common School System of the State of New York," I take pleasure in saying that it is a full and correct exposition of that system ; and entitled to the confidence of officers and inhab- itants of school districts. Town Supermtendents of common schools, and others interested in the cause of popular education. CHRISTOPHER MORGAN, S^lp^t of Common Schools. PART I. ORIGIN, PROGRESS, AND PRESENT CONDITION OF THE COMMON SCHOOL SYSTEM OF NEW YORK, From the Origin of the State Government to the Year 1851. At the first meeting of the State Legislature after the adoption of the Con- stitution, the governor, Geo. Clinton, called the attention of that body to the subject of education. The following is an extract from his speech : " Neglect of the education of youth is one of the evils consequent upon -war. Perhaps there is scarce any thing more worthy your attention than the revival and encouragement of seminaries of learning ; and nothing by which we can more satisfactorily express our gratitude to the Supreme Being for his past fa- vors ; since piety and virtue are generally the offspring of an enlightened un- derstanding." In this? year, the act incorporating the Regents of the University was passed. In 1789 an act was passed, requiring the surveyor-general, to set apart twc lots in each township, of the pubUc land thereafter to be surveyed, for gospel and school purposes. The following is an extract from the report of the Regents of the University, for 1793 : " On this occasion we cannot help suggesting to the legislature the numerous advantages which we conceive would accrue to the citizens in general , from the institution of schools in various parts of the state, for the purpose of instructing children in the lower branches of education, such as reading their native lan- guage with propriety, and so much of writing and arithmetic, as to enable them when they come forward into active life, to transact with accuracy and dispatch, the business arising from their daily intercourse with each other. The mode of accomplishing this desirable object, we respectfully submit to the wisdom of the legislature. " The attention which the legislature has evinced to promote literature, by the hberal provision heretofore made, encourages, with all deference, to sug- gest the propriety of rendering it permanent by setting apart for that salutary purpose some of the unappropriated lands. The value of theiB will be en- hanced by the increase of population. The state will thus never want the means of promoting useful science ; and will thereby secure the rational happi- ness, and fix the liberty of the people on the most permanent basis — that of knowledge and virtue." At the opening of the session of the legislature in 1795, Gov. Clinton thus again alluded to the subject : " While it is evident that the general estabUshment and liberal endowment of academies are highly to be commended, and are attended with the most beneficial consequences, yet it cannot be denied that they are principally con- fined to the children of the opulent, and that a great portion of the communi- ty is excluded from their immediate advantages. Tlie establishment of com- mon schools throughout the state, is happily calculated to remedy this inconve- nience, and will therefore engage your early and decided consideration." On the 11th of January, the Assembly appointed a committee consisting of Jonathan Nicoll Havens, of Suffolk, as chairman ; David Brooks, of Dutchess, David Pye, of Orange, Ebenezee Purdy, of "Westchester, Daniel Gray, of Rensselaer, Adam Comstock, of Saratoga, and Richard Forman, of New York, to take into consideration that portion of the Governor's Message relating to the establishment of Common Schools throughout the state. Mr. Havens, from this committee, reported on the 19th of February " An Act for the encouragement of schools," which passed the House on the 4th, and the Senate on the 2 2d of March, and became a law on the 9th of April 1795. By this act the sum of £20,000 or S50,000 was annually appropriated for five years, " for the purpose of encouraging and maintaining schools in the several cities and towns in this state, in which the children of the inhabitants residing in the state, shall be in- structed in the Enghsh language, or be taught English grammar, arithmetic, mathematics, and such other branches of knowledge as are most useful and ne- cessary to complete a good Enghsh education." This sum was at first appor- tioned to the several counties according to their representation in the legislature, and afterwards according to the number of electors for members of assembly ; and to the several towns according to the number of taxable inhabitants of each. The boards of supervisors were required to raise by tax upon each town, a sum equal to one-half of that appropriated by the state, to be apphed in like manner. While this bUl was under discussion in the assembly, a motion to add a pro- viso, " that no tovra aftet receiving for one year its proportion of the moneys appropriated by the act, shall be entitled in any year thereafter to receive its proportion of the same, unless the freeholders and inhabitants of such town, should, at their next preceding town-meeting, have voted a sum for the use of schools in such town, equal to at least one-half of the proportion of the moneys to which such town shall have been entitled by this act in the preceding year ; and in case sach sum shall not have been voted to be raised as aforesaid by any town, the supervisors of the county should apportion the moneys to which such town would otherwise have been entitled, among the other towns in such coun- ty, which should have voted for such sum " was rejected, by a vote of 30 to 2*7. The adoption of this proviso, would have left it discretionary with the inhabi- tants of any town to comply with the requisitions of the act, and thereby entitle itself to receive its proportion of the public money ; a measure subsequently re- sorted to, as will hereafter be seen, but speedily abandoned on experience of its effects. The prominent features of the act of 1795, were the following : Not less than three, nor more than seven commissioners, were annually to be chosen by the electors of the respective towns, to whom were to be committed the super- vision and direction of the schools, and the apportionment of public money among the several districts. The inhabitants residing in different sections of each town, were authorized " to associate together for the purpose of procuring good and sufficient schoolmasters, and for erecting and maintaining schools in such and so many parts of the town where they may reside, as shall be most convenient," and to appoint two or more trustees, who were directed to " confer with the commissioners conceraing the qualification of the master or masters that they may have employed, or may intend to employ in their schools ; and concerning every ^tlier matter which may relate to the welfare of their school, or to the propriety of erecting or maintaining the same, to the intent that they may obtain the determination of the said commissioners whether the said school will be entitled to a part of the moneys allotted to or raised in that town by virtue of this act, and whether the abilities and moral character of the master or masters employed, or intended to be employed therein, are such as will meet with their approbation." The share of public money to be paid to each district, was to be apportioned by the commissioners, " according to the number of days for which instruction shall appear, by the annual report of the trustees, to have been given in each of the said schools, in such manner that the school in which the greater number of days of instruction shall appear to have been given, shall have a proportionably larger sum. And if it shall at any time appear to the said commissioners, that the abilities or moral character of the master or masters of any schools, are not such that they ought to be entrusted with the education of the youth, or that any of the branches of learning taught in any school, are not such as are intended to receive encouragement from the moneys appropria- ted by this act, the said commissioners shall notify in writing the said trustees of such school thereof ; and to the time of such notification, and no longer, shall any allowance be made to such school unless the same thereafter be conducted to the approbation of the said commissioners." The commissioners were requir- ed to give to the trustees of each district, an order on the county treasurer for the sum to which the district was entitled. Provisions were also made for an- nual returns from the several districts, towns and counties. An abstract of these returns, from sixteen out of the twenty-three counties of the state, for the year 1798, shows a total of 1,362 schools, organized accordmg to the act, in which 59,660 children were taught. In the year 1799 an act was passed directing the raising, by means of four successive lotteries, of the sum of one hundred thousand dollars, $12,500 of which, were to be paid to the Regents of the University, to be by them dis- tributed among the Academies in such manner as they shall deem most proper, and the residue, 187,500 was to be paid into the treasury, to be appropriated for the encouragement of common schools, as the legislature should thereafter direct. This biU probably grew out of a project proposed by the Hon. Jedediah Peck, of Otsego. " It is due " observes Judge Hammond, in his Political History, " to this plain, unlettered farmer, to add that he was intent upon making some permanent provisions for these institutions, and that he formed the project of establisliing a common school fund in pursuance of the example then lately fm-nished by Connecticut, the state from whence he emigrated : that he never lost sight of it ; and that to his indefatigable and persevering efforts, aided by Mr. Adam Comstock, of Saratoga, another uneducated and plain, but clear sighted and patriotic man, we are principally indebted for our school fund and common school system. What military chieftain — what mere conqueror by brute force, has conferred so deep, so enduring an obligation upon posterity * " At the opening of the Session of the Legislature in 1800, Gov. Jay called the attention of both Houses to the subject of Common Schools, in the follow- ing language : " Among other objects which wiU present themselves to you, there is one which I earnestly recommend to your notice and patronage. I mean our in- stitutions for the education of youth. The importance of common schools is best estimated by the good effects of them, where they most abound and are the best regulated." On the 25th of March of the same year, the Assembly, by a vote of fifty-sev- en to thirty-six, adopted the following resolution, offered by Mr. Comstock, of Saratoga : " Resolved, That the ' Act for the Encouragement of Schools,' passed the 9th day of April, 1795, ought to be revised and amended ; and that out of the annual revenue arising to this State from its stock and other funds, the siun of $50,000 be aimually appropriated for the encouragement of schools, for the term of five years." On the 8d of April, subsequently, a clause to this effect was inserted in the annual supply bill, on Mr. Comstock's motion, by a vote of fifty-one to thirty- five. The Senate, however, by a vote of nineteen to sixteen, struck out the clause. The hoiise, on the return of the bUl, at first refused to concur with the Senate in this amendment, by a vote of forty-two to forty-one ; but subse- quently reconsidered its vote, and assented to the amendment, on the last day but one of the Session. By an act passed on the 3d of April, 1801, the sum of $100,000 was directed to be raised by lottery, of which one-half was ordered to be paid into the Treas- ury for the use of Common Schools ; leaving to future legislatures the discre- tion of maMng such application of it as they might judge most conducive to 8 the end in view. In order to promote so laudable an object, the Legislature of 180B, by an act passed on the 6th of April, directed the Comptroller to in- vest in good real estate, all such sums of money as had been, or should there- after be received from the proceeds of each lottery, for the term of two years. In 1802, the Governor (Geo. Clinton,) again called the attention of the Le- gislature to the subject of Common Schools. He observes, " The system of Common Schools having been discontinued, and the advantage to morals, reli- gion, liberty and good government, arising from the general diffusion of knowl- edge being universally admitted, permit me to recommend this subject to yonr deliberate attention. The failure'of one experiment for the attainment of an important object, ought not to discourage other attempts." No legislative action ho-wever, in reference to the subject, was had during the session of that year. In 1803, Gov. Clinton renevred his recommendation in the following energetic terms : " The estabhshment of common schools has, at different times, engag- ed the attention of the Legislature ; but although its importance is generally acknowledged, a diversity of sentiment respecting the best means, has hitherto prevented the accomplishment of the object. The diffusion of knowledge is so essential to the promotion of virtue and the preservation of liberty, as to ren- der arguments unnecessary to excite you to a perseverance in this laudable pursuit. Permit me only to observe, that education, by correcting the morals and improving the manners, tends to prevent those evils in society which axe beyond the sphere of legislation." On the 2 1st of February of that year, Mr. Peck, of Otsego, from the joint committee of both houses on this portion of the governor's speech, reported a bill authorizing the several towns to organize their schools, and to raise money to support the same. No definite action, however, took place upon it during the session of that year. In 1804, the governor again called the attention of the legislature to the sub- ject. On the 3d of March, in that year, Mr. Peck, from the committee on that portion of the speech, again made a favorable report, accompanied by a biU, which, however, shared the fate of its predecessor. At the extra session of the legislature, in November, 1804, Gov. Lewis brought the subject before that body, in the following language : "I cannot conclude, gentlemen, without calling your attention to a subject which my worthy and highly respected predecessor in office had much at heart, and frequently, I believe, presented to your view — the encouragement of litera- ture. ]ji a government, resting on public opinion, and deriving its chief support from the affections of the people, religion and morality cannot be too sedulous- ly inculcated. To them, science is an handmaid ; ignorance, the worst of ene- mies. Literary information should then be placed within the reach of every description of citizens, and poverty should not be permitted to obstruct the path to the fane of knowledge. Common schools, under the guidance of respectable teachers, should be established in every village, and the indigent be educated at the pubHc expense. The higher seminaries also, should receive every patron- age and support within the means of enUghtened legislators. Learning would thus flourish, and vice be more effectually restrained than by volumes of penal statutes." On the 4th of February, 1805, Gov. Lewis transmitted a special message to the legislature in reference to this subject, in which he recommended the appli- cation of all the state lands for the benefit of colleges and schools ; the whole fund and entire management of the system to be confided to the Regents of the University, under such regulations as the legislature might prescribe ; the Re- gents to have the power of appointing three trustees for each district ; who should be authorized to locate the sites for school houses, and to erect such hous- es wherever necessary, employ teachers, apply the funds of the district, and levy taxes on the inhabitants, for such further sums as might be required for the sup- port of the school and the education of indigent children . None of these sug- gestions, however, with the exception of the first, seem to have met with any favor at the hands of the legislature. On the 2d of April, the legislature passed an act providing that the nett pro- ceeds of 600,000 acres of the vacant and unappropriated lands of the people of this state, which should be first thereafter sold by the surveyor-general, should be appropriated as a permanent fund for the support of common scliools ; the avails to be safely invested untQ the interest should amount to |50,000 ; when an annual distribution of that amount should be made to the several school dis- tricts. This act laid the foundation of the present fund for the support of com- mon schools. By the act to incorporate the Merchants' Bank in tlie city of New- York, pas- sed the same year, the state reserved tlie right to subscribe for three thousand shares of the capital stock of that institution, which, together with the accruing interest and dividends, were appropriated as a fund for the support of common schools, to be applied in such manner as the legislature should from time to time direct. By acts passed March 13, 180Y, and April 8, 1808, the comptroller was au- thorized to invest such moneys, together with the funds arising from the pro- ceeds of the lotteries authorized by the act of 1803 in the purchase of addition- al stock of the Merchants' Bank, and to loan the residue of the fund. No determinate action on the part of the legislature, in reference to the estab- lishment of a system of common schools, was had during the years, 1806-7-8-9 or 10. At the opening of the session in tbe latter year, Gov. Tompkins thus alludes to the subject. " I cannot omit this occasion of invitmg your attention to the means of instruc- tion for the rising generation. To enable them to perceive and duly to estimate their rights, to inculcate correct principles and habits of morality and religion, and to render them useful citizens, a competent provision for their education is all-essential. The fund appropriated for common schools ah-eady produces an income of about f 26, 000 annually, and is daily becoming more productive. It rests with the legislature to determine whether the resources of the state will justify a further augmentation of that appropriation, as well as to adopt such plan for its application and distribution, as shall appear best calculated to pro- mote the important object for which it was originally designed." On the 2Sth of February, of that year, the comptroller, in obedience to a reso- lution of the legislatm'e, calling upon him for information as to the condition of the school fund, reported that the amount of receipts into the treasury up to that period, of moneys belonging to the fund, was $151,115.69, of wliich S'29,- 100 had been invested in the capital stock of the Merchants' Bank, $114,600 (loaned in pursuance of law, and the residue remained in the treasury. Iq 1811, Gov. Tompkins again called the attention of the legislature to this subject ; and a law was passed, authorizing the appointment by the governor, of five commissioners, to report a system for the organization and establishment of common schools. Tlie commissioners appointed under this act were Jedediah Peck, John Murray, Jr., Samuel Russell, Roger Skinner, and Samuel Macomb. On the 14th of February, 1812, they submitted a report, accompanied by the draft of a bill, comprising substantially the main features of our common school system, as it existed up to the year 1 838. In the bill, as it originally passed, the electors of each town were authorized to determine at theu' annual town meet- ing, whether they would accept their shares of the money apportioned by the state, and direct the raising of an equal amount on their taxable property. So embarrassing, however, was the practical operation of this feature of the sys- tem, that'on the recommendation of the superintendent, Gideon Hawley, Esq., it was stricken out ; and each county required to raise by tax an amount equal to that apportioned by the state. The following are extracts from the report of the commissioners : " Periiaps there never will be presented to the legislature a subject of more importance than the estabhshment of common schools. Education, as the means of improving the moral and intellectual facidties, is, under all circumstances, a subject of the most imposing consideration. To rescue man from that state of degradation to which he is doomed, unless redeemed by education ; to unfold his physical, intellectual, and moral powers ; and to fit him for those high des- 10 tinies which his Creator has prepared for him, cannot fail to excite the most ar- dent sensibility of the philosopher and philanthropist. A comparison of the sav- age that roams through the forest, with the enlightened inhabitant of a civiUzed country, would be a brief but impressive representation of the momentous im- portance of education. " It were an easy task for the commissioners to show, that in proportion as every country has been enlightened by education, so has been its prosperity. Where the heads and hearts of men are generally cultivated and improved, vir- tue and wisdom must reign, and vice and ignorance must cease to prevail. Vir- tue and^wisdom are the parents of private and public felicity : vice and ignorance, of private and public misery. " If education be the cause of the advancement of other nations, it must be- apparent to the most superficial observer of our peculiar pohtical institutions, that it is essential, not to our prosperity only, but to the very existence of oui- government. Whatever may be the efifect of education on a despotic or monar- chical government, it is not absolutely indispensable to the existence of either. In a despotic government, the people have no agency whatever, either in the for- mation or in the execution of the laws. They are the mere slaves of arbitrary authority, holding their Uves and property at the pleasure of imcontrolled ca- price. As the will of the ruler is the supreme law ; fear, slavish fear, on the part of the governed, is the principle of despotism. It will be perceived readi- ly, that ignorance on the part of the people can present no barrier to the adminis- tration of such a government ; and much less can it endanger its existence. In a monarchical government, the operation of fixed laws is intended to supersede the necessity of intelligence in the people. But in a government like ours, where the people is the sovereign power ; where the wiU of the people is the law of the land ; which will is openly and directly expressed ; and where every act of the government may justly be called the act of the people ; it is absolutely es- sential that that people be enlightened. They must possess both intelligence and virtue : intelligence to perceive what is right, and virtue to do what is right. Our republic, therefore, may justly be said to be founded on the intelligence and virtue of the people. For this reason, it is with much propriety that the enlightened Montesquieu has said, ' in a republic the whole force of education is required.' " The commissioners think it necessary to represent in a stronger point of view,, the importance and absolute necessity of education, as connected either with the cause of reUgion and moraUty, or with the prosperity and existence of our politi- cal institutions. As the people must receive the advantages of education, the inquiry naturally arise 3, how this end is to be attained. The expedient devised by the legislature, is the establisment of common schools ; which being spread throughout the state and aided by its bounty, wiU bring improvement within the reach and power of the humblest citizen. This appears to be the best plau that can be devised to disseminate religion, morality, and learning throughout a whole country. All other methods, heretofore adopted, are partial in their operation and circumscribed in their effects. Academies and universities, under- stood in contradistinction to common schools, cannot be considered as operating impartially and indiscriminately, as regards the country at large. The advan- tages of the first are confined to the particular districts in which they are estab- lished ; and the second, from causes apparent to every one, are devoted almost exclusively to the rich. In a free government, where political equality is estab- lished, and where the road to preferment is open to all, there is a natural stimu- lus to education ; and accordingly we find it generally resorted to, unless some great local impediments interfere. In populous cities, and the parts of the con- try thickly settled, schools are generally established by individual exertion. In these cases, the means of education are facilitated, as the expenses of schools are divided among a great many. It is in the remote and thinly populated parts of the state, where the inhabitants are scattered over a large extent, that educa- tion stands greatly in need of encouragement. The people here, living far from each other, makes it difficult so to establish schools, as to render them convenient or accessible to all. Every family, therefore, must either educate its own chil- dren, or the children must forego the advaatages of education. 11 " These inconveniences can be remedied best by the establishment of com- mon schools, under the direction and patronage of the state. In these schools should be taught, at least, those branches of education which are indispensably necessary to every person in his intercourse with the world, and to the perform- ance of his duty as a useful citizen. Reading, writing, arithmetic, and the princi- ples of morality, are essential to every person, however humble liis situation in life. Without the first, it is impossible to receive those lessons of morality, which are inculcated in the writings of the learned and pious ; nor is it possible to become acquainted with oiu- political constitutions and laws ; nor to decide . those great poUtical questions, which ultimately are referred to the intelligence of the people. Writing'and arithmetic are indispensable in the management of one's private affairs, and to facilitate one's commerce with the world. Morali- ty and religion are the foundation of aU that is truly great and good, and are con- sequently of primary importance. A person provided with these acquisitions, is enabled to pass through the world respectably and successfully. If, however, it be his intention to become acquainted with the higher branches of science, the academies and imiversities established in different parts of the state are open to him. In this manner, education in all its stages is offered to the citkens generally. " In devising a plan for the organization and establishment of common schools, the commissioners have proceeded with great care and deliberation. To frame a system which must directly affect every citizen in the state, and so to regulate it, as that it shall obviate individual and local discontent, and yet be generally beneficial, is a taslc, at once perplexing and arduous. To avoid the imputation of tecal partiality, and to devise a plan, operating with equal mildness and ad- vantage, has been the object of the commissioners. To effect this end, they have consulted the experience, of others, and resorted to every probable source of intelligence. From neighboring states, where common school systems are established by law, they have derived much important information. This information is doubly valuable, as it is the result of long and actual experience. The commissioners by closely examining the rise and progi-ess of those systems, have been able to obviate many imperfections otherwise inseparable from the novelty of the estabUshment, and to discover the means by which they have gradually risen to their present condition. " The outlines of the plan suggested by the Commissioners are briefly these : that the several towns in the State be divided into school districts, by three commissioners, elected by the citizens qualified to vote for town officers : that three trustees be elected in each district, to whom shall be confided the care and superintendence of the school to be established therein : that the interest of the school fund be djvided among the different counties and towns, according to their respective popxilation, as ascertained by the successive census of the United States : that the proportions received by the respective towns be sub- divided among the districts into which such towns shall be divided, according to the number of children in each, between the ages of five and fifteen years : that each town raise by tax annually, as much money as it shall have received from the school fund : that the gross amount of moneys received from the State and raised by the towns, be appropriated exclusively to the payment of the wages of the teachers : and that the whole system be placed under the su- perintendence of an officer appointed by the Council of Appointment. ******** " Let us suppose that the school fund were arrived at that point where by law it is to be divided. There will then be 150,000 of the public money to be disti-ibuted among the schools ; and as by the contemplated plan a sum is to be raised annually by tax, equal to the interest of the school fund, the gross amount of moneys which the schools will receive will be |1 00,000. There are in this State forty -five counties, comprising, exclusively of the cities, four hundred and forty-nine towns. It will be very evident, therefore, that the proportion of each town must be necessarily small. As, however, the school districts are au- thorized to raise by tax a sum sufficient to purchase a lot, on which the school 12 house is to be built, to build the school house and keep the same in repair, and as the school moneys are devoted exclusively to the payment of the teachers' wages, the sum, however small, which each district will be entitled to, will be from these considerations so much the more efEcacious. It will, however, be evi- dent to the Legislature, that the funds appropriated from the State for the sup- port of the common school system, will, alone, be veiy inadequate. And the commissioners are of opinion that the fund, in any stage of it, even when the residue of the unsold lands shall be converted into money, bearing an interest, never will be, alone, adequate to the maintenance of common schools ; as the increase of the population will probably be in as great if not a greater ratio than that of the fund. But it is hardly to be imagined that the Legislature intend- ed that the State should support the whole expense of so great an estabhsh- ment. The object of the Legislature, as understood by the commissioners, was to rouse the public attention to the important subject of education, and by adopting a system of common schools, in the expense of which the State would largely participate, to brmg instruction within the reach and means of the hum- blest citizen. And the commissioners have kept in view the furtherance of this object of theLegislature ; for by requiring each district to raise by tax a sum sufficient to build and repair a school house, and by allotting the school moneys solely to the payment of the teachers' wages, they have in a measure supplied two of the most important sources of expense. Thus every inducement will be held out to the instruction of youth." * * * * " The Legislature will perceive in the system contained in the bOls submitted to their consideration, that the commissioners are deeply impressed with the im- portance of admitting, tmder the contemplated plan, such teachers only as are duly qualified. The respectability of every school must necessarily depend* on the character of the master. To entitle a teacher to assume the control of a school, he should be endowed with the requisite literary qualifications, not only, but with an unimpeachable character. He should also, be a man of patient and mild temperament. ' A preceptor,' says Rousseau, ' is invested with the rights, and takes upon himself the obligations of both father and mother.' And Quin- tillion teUs us, ' that to the requisite literary and moral endowments, he must add the benevolent disposition of a parent.' " * * * * " When we consider the tender age at which children are sent to school ; the length of the time they pass under the direction af the teachers ; when we consider that their little minds are to be diverted from their natural propensi- ties to the artificial acquisition of knowledge ; that they are to be prepared for the reception of great moral and religious truths — to be inspired with a love of virtue and a detestation of vice ; we shaU forcibly perceive the absolute ne- cessity of suitable qualifications on the part of the master. As an impediment to bad men getting into the schools, as teachers, it is made the duty of the town inspectors strictly to inqmre into the moral and literary qualifications of those who may be candidates for the place of teacher. And it is hoped that this pre- caution, aided by that desii-e which generally prevails, of employing good men only, will render it unnecessary to resort to any other measure. "The commissioners, at the same time that they feel impressed with the im- portance of employing teachers of the character above described, cannot re- frain from expressing their solicitude, as to the introduction of proper books into the contemplated schools. This is a subject so intuuately connected with a good education, that it merits the serious consideration of all who are con- cerned in the establishment and management of schools. Much good is to be derived from a judicious selection of books, calculated to enlighten the under- standing, not only, but to improve the heart. And as it is of incalculable con- sequence to guard the young and tender mind from receiving fallacious impres- sions, the commissioners cannot omit mentioning this subject as a part of the weighty trust reposed in them. Connected with the introduction of suitable books, the commissioners take the liberty of suggesting that some observations and advice touching the reading of the Bible in the schools might be salutary. In order to render the sacred volume productive of the greatest advantage, it 13 should be held in a very different Light from that of a common school book. It should be regarded as a book intended for literary improvement, not merely, but as inculcating great and indispensable moral truths, also. With these un- pressions, the commissioners are induced to recommend the practice introdu- ced into the New York Free School, of having select chapters read at the opening of the school in the morning, and the like at the close in the after- noon. This is deemed the best mode of preserving the religious regard which is due to the sacred writings. ***** "The commissioners cannot conclude this report without expressing once more their deep sense of the momentous subject committed to them. If we regard it as connected with the cause of religion and morality merely, its as- pect is awfully solemn. But the other views of it already alluded to, is suffi- cient to excite the keenest soHcitude in the legislative body. It is a subject, let it be repeated, intimately connected with the permanent prosperity of our political institutions. The American empire is founded on the virtue and in- telligence of the people. But it were urational to conceive that any form of government can long exist without virtue in the people. Where the lai-gest portion of a nation is vicious, the government must cease to exist as it loses Its functions. The laws cannot be executed where every man has a personal interest in screening and protecting the profligate and abandoned. When these ai-e um-estrained by the wholesome coercion of authority, they give way to every species of excess and crime. One enormity brings on another, until the whole community, becoming corrupt, bursts forth into some mighty change or sinks at once into annihilation. 'Can it be,' said Washmgton, ' that Provi- dence has not connected the permanent felicity of a nation with its vktue.' The experiment, at least, is recommended by every sentiment which ennobles human nature. " And the commissioners cannot but hope that that Being who rules the imi- verse in justice and in mercy, who rewards virtue and punishes vice, will most graciously deign to smile benignly on the humble efforts of a people, in a cause purely his own, and that he will manifest this pleasure in the lasting prosperity of our country." We cannot deem any apology necessary for the space occupied by these ex- tracts from this admirable report : shadowing forth as it does, the great features of that system of public instruction subsequently adopted, and successfully car- ried into execution; and laying down in language at once eloquent and impres- sive, those fundamental principles upon which alone any system of popular education, in a republic like ours, must be based. The leading featm-es of the system proposed by the conomissioners, were adopted and passed into a law by the Legislatm-e, during the session of 1812, with the exception of leavmg it discretionary with the electors of the several towns, after the first distribution of pubhc money, to receive their share and to raise an equal amount by tax, or to dispense ahke with the burthen and the benefits of the legal provisions, by vote at their annual town meetings. Administration of Gideon Hawley, Superintendent of Common Schools 1813 to 1821. On the organization of the system, Gideon Hawley, Esq., then of the county of Saratoga, was appointed by the Council of Appointment, Superintendent of Common Schools. On the fourth day of February, 1814, the first annual report of Mr. Haw- ley, as Superintendant of Common Schools, was transmitted to the Legisla- ture ; in which he informs that body tliat, in pursuance of the act for the estab- lishment of common schools, passed on the 19th of June, 181 2, he had at the com- mencement of the preceding year given due notice of an mtended distribution of the interest of the school fund, and that by means of such notice, that act had been carried into operation so far as depended on him: that although no official returns had been received from which an estimate might be formed of the beneficial operation of the act, yet that satisfactory evidence had been obtained, that in many cases its operation had been prevented by the refusal or neglect of towns to comply V ith its provisions ; and that in other cases where such compliance had beer: ma le, and the act thereby carried into effect, its operation had been 14 much embarrassed by difficulties, arising, as was believed, from the imperfection of its proyisions ; that notwithstanding these obstacles and embarrassments, its influence had already proved very salutary, and that with the aid of legislative amendment, it promised to yield all that encouragement to common schools which it was designed to give. " It was not to be expected," continues the Su- perintendent, " that any system for the establishment of common schools could be devised, wliich in its first form should be whoUy free from imperfections ; and accordingly it has been found that the existing law for the establishment of such a system is, in some respects, defective in its provisions, and obscure and doubt- ful in its meaning." The report goes on to suggest such amendments as were deemed reqmsite in various particulars, not necessary to enumerate here. The operation, however, of that portion of the law which left it optional with the several towns to comply with its conditions and participate in its benefits, or not, as the inhabitants at their annual town meeting might determine, is worthy of special notice. We quote from that portion of the report which examines this feature of the system. " The fifth section of the act pro\-ides that such towns in every county as shall have complied with the law, by directing their Supervisors to levy on them the sum required by the act to entitle them to their proportion of the public money, shall receive by appointment, from the board of supervisors, the whole dividend of the county, according to their respective population, to the exclusion of such towns as shall not have complied with the law. By a sub- sequent part of the same section, it is further provided that the sum required to be raised on each town, to entitle it to a. share of the public money, must be equal to the sum apportioned to such town by the board of supervisors. By the operation of these several provisions in the act, the case may be that a single town in a county shall be entitled to receive the whole dividend for such coimty; and although this sum shall be more than sufficient, (as in ordinary cases it will be,) to support aU its schools, it must nevertheless be subjected by tax to the payment of an additional sum equal in amount to the sum it is entitled to re- ceive ; and this additional sum must, in law, be apphed to the support of its schools, which may have had (and in ordinaiy cases will have had) an excess of support ah-eady. Although the case here supposed has not yet occurred, to the knowledge of the Superintendent, there is nevertheless good reason to believe it will occur ; satisfactory evidence having been obtained, that in some covmties but few towns have comphed with the law, or shown any disposition to comply therewith. The mischief herein complained of, may be remedied by providing that the board of supervisors shall not, in any case, raise by tax on any town, a sum exceeding the sum which such town shall be entitled to receive out of the county dividend, if all the towns in the county had com- plied with the law. " " It will be found by inspection of the act, that one of its principal features is the provision which gives every town an election, either to comply with the act and receive its benefits, and bear its burdens, or to refuse such comphance, and thereby forego its benefits and avoid its burdens. In the exercise of this choice, it has already been observed that many towns have refused to comply with the act, and it is believed they will generally persist in such refusal, and that some other towns which have akeady complied with the law, will endea- vor to retract their compliance. By allowing such an option to every town, the operation of the act depending on the pleasure, and not unfrequently the caprice of a few individuals, will be always partial and fluctuating ; it will, moreover, be embarrassed by all the difficulties which are naturally connected with instability of system and intricacy of form. It is therefore submitted whether this provision in the act may not be so amended as to make it obliga- tory on towns to comply with the act, and also on the board of supervisors of the several counties to levy on their respective towns, a sxmi equal to the sum which shall be apportioned to such towns out of the public money to be dis- tributed." This suggestion was adopted by the legislature, and the act amended in this and various other respects, in conformity to the recommendation of the Superintendent. 15 On the 11th of Februgry, 1815, Mr. Hawley transmitted to the legislature wis second annual report as Superintendent. The returns -which had been made to him from the several counties were, however, so few in number, and in general so extremely defective in substance, and inartificial in form, that he did not deem it advisable to communicate them to the legislature, preferring to defer the performance of the duty required of him in this respect until more perfect returns, in accordance with forms and instnictions to be prepared by ■nim, should enable him to discharge it more beneficially to the public. On the first day of April, 1816, the Superintendent transmitted his third annual report, from which it appeared that returns relative to the condition of the schools had been made to him from 338 towns in thirty-six of the forty-six counties then in the State ; that the whole number of districts from which reports had been received by the commissioners, in conformity to law, was 2,631 ; that the whole number of children between the ages of five and fifteen in said districts was 1*76,449; and that 140,106 had been under instruction during a portion of the year reported, in the common schools. The Superin- tendent, however, observes : " The returns not being complete, and many of them being defective in some one or more of their necessary requisites, it is difiicult to form any certain es- timate from them. Taking, however, the most correct and full returns for a criterion, it would appear that there are witliin the state about five thousand districts in which common schools are established ; that the number of children taught in them is at least two hundred thousand ; and that the number of cliildren between the ages of five and fifteen years, residing in those districts, is about two hundred and fifty thousand. The city of Albany and the city and county of New York, not being divided into school districts under the act are not included in this estimate . " These being the first statistical retiuus un- der the act of 1812, it may not be uninteresting to contrast them with those for the year 1849, after a lapse of thirty-nine years. The whole number of school districts is now eleven thousand fom- hundred ; the number of children between the ages of five and sixteen is about seven hundred and fifty-thousand and not less than eight hundred thousand are imder instruction during the •whole or a portion of the year in common schools. But to resimae our quotation from Mr. Hawley's report : — " The Superintendent has also had the satisfaction to learn from other sour- ces, that the estabhshment of common schools by law has already produced many great and beneficial results. The number of schools has been increased; many school houses have been built ; more able teachers employed, and much of that interest which ought to be felt in behalf of common schools, has been generally excited. The beneficial operation of the act has also been visible in the pecuniary aid which many schools have derived from it. A peipetual annuity of twenty dollars, which is the average sum received by each district, under the act, ought not to be considered a trifle unworthy of any account. It has been very sensibly felt, especially in those districts where, from the inabil- ity of the inhabitants, or from any other cause, common schools have not been kept open for the whole year, and when the revenue of the fund shall have attamed its full growth, the distributive share of each district will be so much more considerable, that the munificence of the legislature cannot faU to be more gratefully acknowledged. " But the great benefit of the act does not he in any pecuniary aid which it may afford. The people of this state are, in general, able to educate their chil- dren without the aid of any pubhc gratuity, and if they fail in this respect, it is owmg more to their want of proper schools than of sufficient means. The public gratuity is impoitant, as it tends to excite an interest in the affairs of common schools which might not othei-wise be felt, and is also beneficial in many othe* respects. But the great benefit of the act consists in securing the estabhshment of common schools, wherever they are necessary ; in organizing theni on a suitable and permanent foundation, and in guarding them against the admission of unqualified teachers. These were the great ends proposed in the establishment of common schools by law, and under the wise and liberal policy of the legislature, these ends have been so far accomplished as to war* rant full faith in their final complete attainment." On the 12th of March, 1817, Mr. Hawley transmitted to the Legislature hi& fourth annual report, in which he states that " the returns which have been made to him during the last year, from most of the counties of the State, afford satis- factory evidence of a progressive increase in the number of common schools, and a corresponding improvement in their condition. It is ascertained with sufficient certainty, that there are within the State, exclusive of the city and county of New York, at least five thousand common schools, which have been organized and kept up mider the act for their establishment ; and that the num- ber of children annually taught in them exceeds two hundred thousand." In his fifth annual report, under date of March 16, 1818, the Superintendent informs the Legislature, that from the returns made to him during the preceding year, it appeared that there were more than five thousand common schools, in which were annually taught upwards of two hundred thousand children, the re- turns not being sufficiently full and definite to enable him to speak with more precision. •' On comparing the returns of common schools, however for differ- ent years, it appeared that in almost every district a greater proportion of the cliildren between the ages of five and fifteen years, have been taught, and a reg- ular school supported for a longer time in every succeeding year, than in the preceeding one. To this result, so favorable to the establishment of common schools by law, it may be added — and it has not escaped the most transient ob- server — that under the operation of this system, better teachers have been em- ployed, a new and more respectable character given to our common schools, and a much greater interest excited in their behalf." " It is now more than five years," continues the Superintendent, " since com- mon schools were estabhshed by law. The first act of the legislature was passed in 1812. Soon after this act was carried into operation, it was discov- ered to be defective in many of its provisions. To supply this defect, and to add some provisions which were deemed necessary, a new act was passed in 1814. This act was also found on trial to be imperfect, and in the following year it underwent sundry amendments. Since that time, the system founded on the act of 1814 and the amendments of 1815, has remained imaltered ; nor has a practice of three years under it discovered any very great defects. It was not, however, to be expected, even after the amendments of 1815, that the system would be foimd complete and perfect in all its details ; on the contrary, it was to be expected of this as of eveiy other new and vmtried system, that time would develope many imperfections which had not been foreseen." The Superintendent proceeds to suggest several particulars of the system which, in his judgment, required amendment, and adds, "although when a system is once established it is not advisable to subject it to frequent revision and amendment, without urgent cause — yet as the system of common schools might be impro- ved in these and other respects not adverted to, and it will be necessary, at least, to consolidate the different acts on the subject, the propriety of revising the whole system and amending it in some of its subordinate parts, is respect- fully submitted." The residue of the report is devoted to a consideration of the Lancasterian system of education, the introduction of which into the com- mon schools had been strongly recommended by the governor, (De Witt Clin- ton,) in his speech at the opening of the session. The peculiar excellencies of this system were clearly and distinctly pointed out by the Superintendent, and its adoption, especially in all the larger schools in cities and villages, urgently and ably enforced. Under the impetus thus given, Lancasterian schools were established in many portions of the State, and societies incorporated, some of which are still in existence, having for their object the introduction and pro- motion of the system of BeU and Lancaster, then at its zenith of popularity. Experience, however, failed to realize the sanguine anticipations of those friends of education who saw in the general adoption of this system the com- mencement of a new and brighter era in the science of elementary instruc- tion ; and after an ephemeral and sickly existence, these institutions, from which such favorable results were expected, languished, and with few excep- 17 . tions, disappeared. Whether the failure of this experimtn; t«.i-ultcunty is sufficient to defray the expense of most schools for about thi-ee months in the year ; and where that is expended in different parts of the year, so as not to defray the whole expense of the school for any particular part, it is understood that in most districts poor children have been permitted to attend the district school free of expense, under that pro- vision in the school act which empowers districts to exonerate those child- ren from the payment of teachers' wages. The readiness with which such permission has been generally granted, wherever it has been deserved, is very cr'Hiitable to the public spirit and liberality of the inhabitants of school districts, and it is considered proper on this occasion, to bring the fact to the notice of the legislatm-e. From these circumstances, in eonnec- tioa with the friendly disposition every where manifested iu the cause of education, it is considered warrantable to infer, that of the rising generation m this state, very few individuals will arrive to maturity without the en- joyment and protection of a common education." To no individual in the state, are the friends of common school educa- tion more deeply indebted for the impetus given to the cause of elementary instruction in "its infancy, than to Gideon Hawley. At a period when every thing depended upon organization ; upon supervision ; upon practi- cal acquaintance -with the most minute details ; and upon a patient, per- severing, laborious process of exposition, Mr. HaAvley united in himself all the requisites for the efficient discharge of the high functions devolved upon him ?oy the legislature. From a state of anarchy and co-afusion, and com- plete diii-rgauization, within a period of less than eight years, arose a beau- tiful and stately fabric, based upon the most impregnable foundations, sus- tained by an enlightened public sentiment, fortified by the best and most en- during affections of the people, and cherished as the safeguard of the state — the true palladium of its gi'eatness and prosperity. Witliiu this brief period the number of school districts had more than doubled, and the pro- portion of children annually participating in the blessing of elementary in- struction, increased from four-fifths to twenty-fom- twenty -fifths of the whole number residing in the state of a suitable age to attend the public schools. When we take into view the disadvantages under which every new and un- 19 tried .system must, of necessity, labor, before it can be commended to g^- eral adoption, and consider the immense variety of interests which ■were, to a greater or less extent, affected by the stringent provisions of the act of 1812, and its subsequent amendments, we cannot fail of being surprised at the magnitude of the results which developed themselves imder the admin- istration of Mr. Hawley. The foundations of a permanent and noble system of popular education were strongly and securely laid by him, and we are now witnessing the magnificent superstruetm-e, which, in the progiess of a quarter of a century, has been gradually upbuilt on these foundations. Wki.oome Esleeck, of the city of Albany, was named as his successor in of- fice, but the legislature saw fit to abolish the office as a separate depart- ment of the government, and to devolve its duties upon the secretary of state. Administration q/" John Van Ness Yates, Secretary of State and Super- intendent ex officio of common Schools, 1821 to 1826. By the Constitution of 1821, the proceeds of all lands thereafter to be sold, belonging to the state, with the exception of such as might be reserved for public use or ceded to the United States, together with the existing school fund, were declared to constitute " a perpetual fund, the interest of which shall be invioably appropriated and applied to the support of common schools throughout this state." In his speech at the opening of the legislature, at its ses.sion of 1822, the governor (De Witt Clinton) refers to the condition of the system of public intruction, in the following terms : " The excellent direction which has Ijeen given to the public bounty, in appropriations for common schools, academies and colleges, is very percepti- ble in the multiplication of our ecminaries of education, in the increase of the number of students, and iu the acquisition of able and skilful teachers. The Lancasterian or monitorial system is making its way in the community, by the force of its transcendant merits. Our common schools have flourish- ed beyond all former example." * ****** "I am happy to have it ia my power to say that this state has akvays evin- ced a liberal spirit in the promotion of education ; and I am persuaded that no considerations short of total inability will ever prevent similar demon- strations. The first duty of a state is to render its citizens virtuous, by intellectual instruction and moral discipline, by enlightening their minds, purifying their heart-^, and teaching them their rights and their obligations. Those solid and enduring honors which arise from the cultivation of science, and the acquisition and diffusion of knowledge, will outlive the renown of the statesman and the glory of the warrior; and if any stimulus were wanting in a ease so worthy of all our attention and patronage, we may find it in the ex- ample before om- eyes of the author of the Declaration of Independence, who has devoted the evening of his illustrious life to the establishment of an university in his native state." In connection with this subject the governor also transmitted the pro- ceedings of the legislatures of the several states, relative to the appropria- tion of a portion of the national domain to the purposes of education ; by which it .appeared that in eleven of the new states and territories, the general government had appropriated one thirty-sixth pjirt of the public land for common schools, and one fifth part of that thirty-sixth part for colleges and academies; and while it was admitted that this disposition was in all res- pects proper and laudable, it was contended that the other membei-s of the confederacy were entitled to a correspondent benefit out of the same com- mon fund. " This claim, " observes his Excellency, " appears to be sustain- ed by the most conclusive rea.soning ; and it is believed to be impossible for congress to re.si.st an application so just and beneficial. If, however, this measure were calculated to embarrass the financial arrangements of the national government, to make a serious inroad on the national domain, or to disparage the interests of the states which have already been benefitted, I should be entirely unwilling to press it. Whatever ratio of distribution may be adopted, the quantum of population, or the extent of territory of each state, the deduction from the landed estate of the empire, would be so 20 small as scarcely to be felt. In either case it would not exceed ten mil- lions out of five hundred millions of acres owned by the United States. It is our duty to co-operate in obtaining justice for our sister states as well as for ourselves. If we were willing to waive the benefit which might be derived fi-om the success of this application, it would furnish no just ground of hostility to the claim in general ; and indeed in such case it would entire- ly correspond with the dictates of magnanimity, to advocate it with all our might and influence. This state, on the basis of appropriation originally adopted, would be entitled to 800,000 acres for our common schools, and 160,000 for our colleges and academies; which, with proper management, and in connection with existing funds, would answer all the requisitions of education." By the annual report of the acting Superintendent of Common Schools (John Van Ness Yates, Esq., Secretaiy of State) it appears that the total munber of school districts in the state was 6,865, from 5,882 of which reports in accordance with law had been received ; that the total number of child- ren between the ages of five and sixteen years residing in the several dis- tricts, was 380,000 ; and the total number of ehiidi-en of all ages taught in the common schools during the year reported, was 342,479 ; and that the average number of months during which the schools were kept open in the several districts was eight. Several amendments in the details of the sys- tem were suggested, most of which were adopted by the legislature ; in- eluding, for the fii'st time, the provision investing the Superintendent with appellate jurisdiction over all controversies arising under the school laws, and declaring his decision thereon final. In pm-suanee of a provision con- tained ill t!r's a.ot, the act of 1819, with all the subsequent amendments, was republished by the Superintendent, accompanied by an exijosition of its vai'ious provisions, and an abstract of the decisions which had been pro- nounced, dm-ing the period which had elapsed since the adoption of the ap- pellate system. On the 8d of February, 1823, Mi*. Yates transmitted to the legislature his second annual report as Superintendent of Common Schools ; from which it appeared that returns had been received during the preceding yeai" from all the counties in the State, fifty-two in number, comprising 649 towns and wards ; that the whole number of school districts in the state exceeded 8,000 ; from 6,265 of which, only, reports in accordance with law had been j-eceived, in which the number of children between the ages of five and fifteen was about 357,000 ; that for the term of eight months dur- ing the year reported, 351,173 children were receiving a common school education in the several districts from which reports had been received — being 18,194 more than were educated the preceding year. The Superintend- ent adds : " Even in Connecticut, which possesses a larger school fund than we do, and where the school system was established and in successful op- eration long before it wa? here introduced, the number of children educated in common schools is far less in proportion to its population than it is in this state." He complains of the "want of uniformity in the course of studies pursued, and the books and treatises now used in common schools. A gi-eat diversity of opinion has long existed and still continues to exist as to the |B"oper books to be introduced into these schools ; and teachers and parents are not nntVeqiiently at a loss to select ainoag the great variety of treatises on education recommended by their authors, the most suitable and best adapted for the use of the student. Whether this evil could be remedied by directing some judicious and appropriate work to be prepared in the nature of a ' Common School Instructor,' and to be recommended to the public under the immediate sanction and approbation of the legislature, is respectfully submitted." The annual appropriation from the funds of the state, at this period, for the benefit of common schools, was fixed by the act of 1819, at $80,000. — These funds consisted of the loan of 1792, then amounting to $600,000 ; of that of 1808, amounting to $449,000 ; of stock in the Merchant's Bmk of 2) tfae city of New York, the par value of which amounted to $180,000, aud on which annual dividends of nine per cent, were regularly made ; of one kalf the quit-rents, estimated at $100,000 ; and the fees of the supreme court, then producing an annual income of about $7,000. The revenues arising from these several som-ces were estimated at $80,000 per annum at least. But in consequence of a reduction of the fees of the supreme coui't, and a diversion of those fees from the school fund — together with a commu- tation for quit-rents, and a temporary suspension of dividends by the Mer- chant's Bank, growing out of frauds to a large amount which had been practised on that institution — an annual deficiency, varying from $13,000 to $7,000, had occui-red dm-iug the preceding four years, which the legisla- ture, considering the faith of the State pledged to keep up the appropria- tion directed by the act of 1819, had supplied by special gi'ants from the general funds. A continuance of this deficiency being probable, the gov- ernor (Joseph C. Yates) had recommended, in his annual message at the •ommencement of the session of 182.3, "the sale of the whole or a part of the public lands appropriated to the school fund, for the purpose of raising a productive capital, yielding an interest sufficient to make good the annual deficiency in the school revenue." On the 7th of January, 1824, the acting Superintendent, Mr. Yates, transmitted his third annual report to the legislatm'e, from which the fol» lowing results were shown : 1. That all the counties, fifty-fim- in number, and all the towns and wards, being 684 in nmnber, had, with the exception of twenty -seven towns presented their reports for the preceding year. 2. That there were in the state 7,882 school districts, from 6,705 of which reports had been received in accordance with law : 3. That 331 new school districts had been orgaruzed dm-ing the year. 4. That upwards of 377,000 childi-en had been instructed in the districts from which reports had been received, for an average period of eight months during the preceding year ; and 23,500 more were estimated to have been imder instruction dm'ing the same period in the non-reporting districts, ma- king a gi-and total of upwards of 400,500 childi-en thus under instruction in all the common schools of the state, exceeding by nearly 26,000 the num- ber under instruction during the preceding year : 5. That the whole number of childi-en between the ages of five and fif- teen yeJ increase the funds, to extend the benefits, and to remedy the defects of this excellent system, is worthy of your most deliberate attention.. The officer who now so ably presides over that department is prevented by hia other official duties from visiting our schools in person, nor is he indeed clothed with this power. A visitorial authority for the pm-pose of detect- ing abuses in the application of the funds, of examining into the modes and plans of instruction, and of suggesting improvements, would unquestionably be attended \%dth the most propitious effects." It will be perceived that the governor here shadows forth two of the greatest features of public instruction subsequently engrafted upon our system ; the establishment of institutions for the education of teachers ; and the appointment of visitors. On the 4th of February subsequently, Mi-. John C. Spencee, from the literatm-e committee of the senate, to which this portion of the message of the governor had been referred, made an able report, in the com-se of which he distinctly suggests the expediency and practicability of a plan of coun- ty supervision, without however, going into any specific details. Thus it will be perceived, that as early as 1826, several of the prominent featm-es of the admirable system which has since prevailed, were brought to the notice and attention of the legislatm-e, by two of our most distinguished and eminent statesmen ; one of whom, (Mr. Spencer) fifteen years afterwards, aided in carrying into practical and successful operation, the very plan in substance, which he had suggested at tliis early period. In the mean time, however, a similar suggestion had been earnestly and m-gently pressed upon the pub- lic consideration by another distinguished friend of the common school sys- tem — the Hon. Jabez D. Hammond; who in 1837 published a series of numbers in the Cherry- Valley Gazette, from whence they were transferred to other periodicals, showing as well the practicability as the expediency of the adoption of the system of county supervision and inspection, and m"g- ing the abolition of the office of town inspector. Judge Hammond's plan was the appointment by the governor and senate, or by the State Superin- tendent, of a County Inspector of Common Schools, in each county, with power to license teachers and visit schools, and who should be required to report periodically to the Superintendent. This was, in substance, the plan afterwards recommended to the legislatm-e by Mr. Spencer. The following extracts fi-om the report of Mr. Spencer in 1826, to which allusion has above been made, will be found interesting : "The committee couem- entirely in the sentiments expressed by the gov- ernor in relation to the importance of the vocation of a teacher, and to the propriety of occupying the time of the young in the higher branches of knowledge. The progress of improvement in the gi-eat business of educa- tion, must necessarily be slow and gradual. Our common school system is itself but of recent origin ; and during the few yeai's in which it has been in operation, incalculable good has been effected, particularly in causing the establishment of schools where none existed before, and where none would have existed but for its provisions. We cannot expect to make it at once perfect,' but must content ourselves with remedies for the most obvious and important defects as they are discovered. From the observation of the committee, and from the best imformatiou they can obtain, they are persuaded that the greatest evils now existing in the system are the want of competent teachers, and the indisposition of the trustees of districts to incur the expense of employing those who are competent, when they can be obtained. It is a iamentabie fact that from a mistaken economy, the 25 cheapest teachers, whether male or female, aad generally the latter, are employed in many districta for three-foutths of the year, and a competent iaatructor is provided for only one-quarter, and sometimes not at all, du- rixig the year. The state is thus made to contribute almost wholly to the support of teachers. This is a perversion of the public bounty ; and its eflfect on the children, who ought to be provided with the means of mstruc- tion during the whole year, is most disastrous : for those above five or six years old are thus excluded from school three-fom-ths of their time, which must be spent in mental idleness, and thus the most precious tune for edu- cation is utterly thrown away. The jjresent arrangement of the authority to license and employ teachers, contributes to this result. Teachers are licensed by town inspectors, themselves generally and neccssai-ily incom- petent to (letermine upon the qualifications of candidates, and willing to sanction such as the trustees feel able or disposed to employ. This is es- sentially wrong ; and the state, which contributes so large a portion of the compensation of the teacher, has a right to direct its application in such a way as to effect the object of procuring useful instruction. The remedy must be found in the organization of some local board, vested with the au- thority of licensing teachers and of revoking the license, and charged with a general superintendence of the schools within the prescribed limits. The division of the state into counties affords a convenient distribution _ of ter- ritory for these pm'poses. And if it be made a condition of receiving the public donation, that teachers thus authorized shall have been employed for a portion of the year, it is believed that the sure and inevitable conse- quence would be the employment of instructors much more competent than the average of the present teachers. In those counties where the popula- tion is small and scattered, the standard of competency will necessarily be low ; but it will advance with the means of the districts and with the pros- perity and intelligence of the coimties. In other counties, where candi- dates were more numerous, the qualifications, would be liigher. The teach- ers would become emphatically a profession ; men would devote themselves to it as the means of livelihood, and would prejjare themselves accordingly. Their character would advance, and with it their usefulness and the respect of their fellow-citizens. Such is an outline of the fii-st efforts, which, in the opinion of the committee, should be made to obtain able teachers. " The next object is to provide the means of qualifying the necessary- number of teachers. By the report of the Superintendent of Common schools made in January, 1825, it appears there were then in tliis state •7,642 school districts, that, then, is the number of teachers now required ; the best evidence that can be adduced to show that there must always be a sufficient demand for those who ai-e qualified. It is obvious that the sug- gestion of the governor, in his message respecting the establi.shment of an institution especially for the piurpoee of educating teachers, will not answer the exigencies of the case. It is entitled to much weight, however, as a means, in conjunction with others, to effect the object. But in the view which the conunittee have taken, our gi-eat reliance for nurseries of teach- ers must be plnced on our c.)lk•^■o? and aeademio.^. If tlicy do not answer this purpose they can be of very little use. That they have not hitherto been more extensively useful in that respect, is owing to inherent defects in the system of studies pursued there. When the heads of our colleges are apprised of the groat want of teachers which it-is so completely in their power to relieve,if not supply it, is but reasonable to expect that they will adopt a system by which young men whose pursuits do not require a know- ledge of classics, may avail themselves of the talent and instruction in those institutions suited to their wants, without being compelled also to receive that which they do not want, and for which they have neither time nor money. " Our academies also liave failed to supply the want of teachers, to the extent which was within their jwwer ; although it is acknowledged th^t iu 26 this respect they have been eminently, useful. But instead of being incited to such eiforts, they are rather restrained by the regulations adopted by the Regents of the University for the distribution of the literary fund placed at their disposal. The income of that fund is divided among the academies in proportion to the number of classical students in each, without reference to those who are pm-suing the highest and most useful branches of an Eng- lish com-se. With such encom-agement, how could it be expected of true- tees of academies that they should prefer a pupil disposed to study the El- ements of Euclid, sm-veying, or Belles-lettres, to a boy who would commit the Latin gTammar, while the latter would entitle them to a bounty which was refused to the former ? The committee are not disposed to censure the Regents ; they have merely followed the fashion of the times ; and it is believed that they are themselves alive to the importance of extending the usefulness of the institutions under their care, by adapting them more to the wants of the country and the spirit of the age. But if they should not be willing to extend the benefits of the fimd under theii- control beyond classical students, still it will be in the power of the legislatiu-e, and within the means of the state, to appropiiate a capital sum that will yield a suffi- cient income to compensate for this inequality, and to place the English student on the same footing with the others, and thus make it the interest of the academies to instruct them. And if this boimty be distributed in reference to the number of persons instructed at an academy who shall have been licensed as teachers of conanaon schools by the proper boai'd, it is believed the object of obtaining able instructors will soon be accomplished. " The committee have not been able to discover why, upon every princi- ple of justice and of public policy, seminaries for the education of females in the higher branches of knowledge should not participate equally with those for the instruction of males, in the public bounty. "In connection with these, the committee admit that the establishment of a separate institution for the sole purpose of preparing teachers, would be a most valuable auxiliary, especially if they were to be prepared to teach on the monitorial plan. They hesitate to recommend its adoption now, chiefly because the other measures which they intend to submit, and which they conceive to be more immediately necessary, will involve as much expense as ought now to be incm'red. But they fondly anticipate the time when the means of the state will be commensurate with the public spirit of its legislature, and when such an institution will be founded on a scale equal to oiu" wants and our resom'ces." The committee, after adverting to the embarrassments caused by the pre- valent diversity of text books in the several schools of the state, recommend an appropriation for "the printing of lai-ge editions of such elementary works as the spelling book, an English dictionary, a grammai-, a system of arithmetic, American history and biogrophy, to be used in schools, and to be distributed gi'atuitously, or sold at coat." "There can be no doubt," says the committee, "that a selection of such works as have been enumera- ted could be made by a competent boai'd, excluding all sectarian views and tenets, as would be entirely satisfactory to the citizens of this state." On the 1-ith of February, 1826, Azarl\h C. Flagg, of the county of Clinton, was appointed secretary of state ; and the administration of the common school system consequently devolved upon him. The interests of public instruction had been ably and faithfully guarded by Mr. Yates, who seems to have united to eminent talents as an executive and administrative officer, a lively zeal for the promotion of education and the difi^usion of knowledge among the great body of the people. His various reports exhibit an accurate practical knowledge of the working of the com- mon school system, in all its departments ; his decisions on the numerous appeals which were fi-om time to time brought before him, were character- ized by a sound discrimination ; and his efforts for the improvement and advancement of the schools were earnest and indefatigable. 27 The first annual report of Mr. Flagg as Superintendent of Common Schools was transmitted to the legislature on the 13th of March, 1826, from ■which it appeai-ed that 425,350 children had been taught in the common schools durmg the year ; being 22,410 more than were taught the preceding year, and exceeding by 29,764 the number between the ages of five and fif- teen residing in the state. The whole number of organized school districts in the state was 7,773. The Superintendent alludes to the necessity of "some provision which should have a tendency to increase the number of qualified instructors," and adds : " It might be beneficial to oft'er facilities for the special education of com- mon school teachers ; and as the districts progress in wealth, and the dona- tion of the state is increased, inducements will be furnished for a greater number of persons of competent talents, to engage in the business of teach- ing, as a profession." At the opening of the session of 1827, Gov. Clinton thus eloquently al- luded to the subject of popular education : "The great bulwark of republican government is the cultivation of edu- cation ; for the right of suf&'age cannot be exercised in a salutary manner without intelligence. It is gratifying to find that education continues to flourish. We may safely estimate the mmiber of our common schools at 8,000 ; the number of children taught during the last yeaj-, on an average of eight months, at 430,000 ; and the sum expended in education at 200,000 dollars. It is, however, too palpable that our system is surrounded by im- perfections which demand the wise consideration and improving interposi- tion of the legislature. In the first place, there is no provision made for the education of competent instructors. Of the eight thousand now em- ployed in this state, too many are destitute of the requisite qualifications, and perhaps no considerable number are able to teach beyond rudimental * instruction. Ten years of a child's life, from five to fifteen, may be spent in a common school ; and ought this immense portion of time to be absorb- ed in learning what can be acquired in a' short period ? Perhaps one-fourth of our population is annually instructed in our common schools ; and ought the minds and the morals of the rising, and perhaps the destinies of all fu- ture generations, to be entrusted to the guardianship of incompetence ? The scale of instruction must be elevated ; the standard of education ought to be raised, and a central school on the monitorial plan ought to be estab- lished in each county for the education of teachers, and as exemplars for other momentous purposes connected with the improvement of the human mind, * * * * Small and suitable collections of books and maps, at- tached to our common schools, and periodical examinations to test the pro- ficiency of the scholai-s and the merits of the teachers, are worthy of atten- tion. When it is understood that objects of this description enter into the very formation of our characters, control our destinies through life, protect the freedom and advance the glory of our country, and when it ia considered that seminaries for general education are either not provided in the old world, or but imperfectly supplied by charity and Simday schools, and that this is the appropriate soil of liberty and education, let it be our pride, as it is our duty, to spare no exertion and to shrink from no expense in the promotion of a cause consecrated by religion and enjoined by patriot- ism ; nor let us be regardless of ample encouragement of the higher insti- tutions devoted to literature and science. Independently of their intrinsic merits and their diffusive and enduring benefits, in reference to their appro- priate objects, they liave in a special manner, a most auspicious influence on all subordinate institutions. "They give to society men of improved and enlarged minds, who, feeling the importance of infublic expense, what guaranty would there be that such persons would follow the business of teaching, unless they could be as libe- rally compensated in a district school as in the other pm'suits of life ? If the inhabitants of the districts wore resolved to have none other than teach- ers of the highest grade, and would pay the highest premium for talent, om- academies and high schools would be thronged by persons fitting themselves for the business of teaching ; and all these institutions would practically be- come schools for the education of teachers. If the districts could be induced to give an adequate compensation, and constant employment to first rate instructors, then it would be eminently useful to establish seminaries for the special purjwse of training persons as professional instructors." " To secure permanent teachers, it is indispensable that the inhabitants of the districts should afford such reasonable compensation and constant employment as will induce persons of good talents to devote themselves to the business of teach- ing as a profession." " If the intelligent farmers in the districts would ap- ply a small share of their attention and practical common sense to this sub- ject, a revolution in the character of the schools would soon be effected." The Superintendent also adverts to the multiplicity of text books in use in the several schools, but expresses the opinion that the designation of any pai'ticular work or series of works, to the exclusion of all others, would be attended with injurious consequences, not only to the schools themselves, but to the cause of education generally. He remarks that '"great improve- ments are constantly going on in the chui'acter of school books ; the gi'eat- est experience and much of the best talent of the coimtry is enlisted in this business ; and the fruits of their labors are constantly giving them new claims to the approbation of the public. The adoption of a particular book would amount to a prohibition upon all improvements, and would subject the inhabitants to a loss of the prohibited books then on hand. The interests vf the common schools may be seriously injured, and cannot be essentially benefitted by the adoption by law of any book or set of books." The following is the earliest specific suggestion, looking to the establish- ment of district libraries, which I have been able to find. It is contained in Mr. Flagg's report for this year, (1830.) " A society has been established in England, for the purpose of imparting useful information to all classes of community, particularly to such as are unable to avail themselves of experienced teachers. To effect this object, treatises on the vai'ious sciences, anc'ration of the legislatiu'e, its advancement may confidently be anticipated. The sum of §110,000 was this year apportioned among the several school districts, the number of which had augmented to 10,207. The number of ohildi'en between five and sixteen residing in the several districts from which reports had been received, was 538,398 ; and the number instructed within the yeai-, 532,167 ; being a dimiiiution of 9,234 from the number instructed the preceding year. This dimiuulinn is accounted for by the Superintendent, " by the prevalence of an absorbing attention, iu a consid- erable portion of the community, to their pecuniai-y interests rather than to the interests of education." " Strong excitements in the commimity," he observes, " especially when continued for a length of time, are in their natm'e unfriendly to the cause of education ; and of such excitements none is perhaps so much so as that which is characteristic of periods when for- tunes are amassed without effort and by the mere chances of speculation." *' In the year 1834," he continues, " the common schools were in better con- dition, in all respects, than they had been at auy previous time ; and, as is well known, that year was distinguished by a serious depression in the business affairs of the country. The interests of education seem never to. be better secured than in seasons when individuals are compelled to hus- band their resources, aud when the highest as well as the most certain re- 42 Tvards are those which ai-e the fruits of patient industry. No period seems less propitious to the promotion of those interests, than that season of de- lusive prosperity in which multitudes are tempted by a few instances of wealth suddenly acquired, to lay aside their accustomed avocations, and . embark in the precai'ious pursuits of fortune." In his message at the opening of the session of 1838, Gov. Marcy repeats his recommendations of the previous y,eai-, in reference to the proper dis- position of the revenue of the United States deposit fund, with the addi- tional suggestion that a portion of this fund be devoted to the purchase of District Libraries, in such of the several school districts of the state as should raise by taxation an equal amount for that object. In reference to the departments for the education of teachers connected with the respec- tive academies designated by the Regents of the University, he expresses the opinion, that however ably conducted, they must of necessity be in- adequate to the supply of the requisite number of teachers for the common schools, and suggests the establishment of county normal schools, " on prin- cipals analogous to those on which our system of common shools is found- ed." An increase of the number of academies provided with teachers' de- pai'tments, is also suggested, the additional expense to be defrayed from the revenue of the deposit fund. The number of school districts had now increased to 10,345 : the number of children between five and sixteen residing in the several districts fi'om which reports were received, to 536,882 and the number taught was 524,- 188 ; showing a still further diminution of nearly 8,000 from the preceding year. Dm-ing this session the sum of $160,000 was added from the annual re- venue of the United States deposit fund, to the amoimt to be apportioned among the several school districts of the state ; of which $55,000 was is required to be expended by the trustees in the purchase of suitable books for a district library, and the residue for the payment of the wages of duly qualified teachers. An equal amount was also required to be raised by taxation on the several counties and towns, and applied to the same pm-pose. The residue of the income, after making certain appropriations to the colleges and academies, was added to the capital of the common school fund. On the 1th. of March, the Hon. Daniel D. Barnard, from the literatm-e committee of the house, submitted a masterly and eloquent report upon the general subject of public instruction, to which we regret that our limits compel us only to advert. Many important and valuable suggestions for the extension and greater efficiency of- oiu- systems of popular education will be found embraced in this document. No specific action, however, in accordance with the recommendations of the report was had. At the opening of the session of 1839, Gov. Seward called the attention of the legislature, in an especial manner, to the interests of elementary public instruction ; expressing his conviction of the paramount necessity of elevating the standard of education ; recommending legislative co-opera- tion in the furtherance of the effort to engraft the system of normal schools upon om- institutions for education, thi-ough the agency of the academies ; strongly commending the district library system ; and _ urging the indis- pensable necessity of a more thorough and efficient visitation and super- vision of our common schools. By the annual report of the superintendent, it appeared that the number of organized school districts in the state was, at this period, 10,583; the number of children between the ages of five and sixteen yeaa-s, residing in the several districts fi-om which reports had been received, 539,749 ; and the number of children under instruction, 528,913; exceedmg by 4,725 the number instructed the preceding year. In reference to the act of April, 1838, appropriating the income of the U. S. Deposit Fund to the purposes of education, the Superintendent ob- serves ; 43 " The acts of April last, after making certain appropriations for the sup- port of colleges, academies and common schools, from the income of the United States Deposit Fund, provides that the residue of that income shall be added annually to the capital of the common school fund. The income of the former fund will amount to nearly $260,000 per aimiun, and the ap- propriations referred to amoimt to $208,000, viz. : to the common schools, to be applied to the payment of teachers, $110,000, and $55,000 to the pur- chase of school district libraries ; to the literature fund $28,000, and to colleges $15,000; leaving a balance of about $50,000 to be applied to the increase of the last mentioned fund. Should this appropriation continue undisturbed, the capital of the common school fund will, by the yeai- 1850, amount to about $3,000,000, without any further provision for its increase ; as the sales of lands belonging to it may be expected to yield two or three himdred thousand dollars." On the subject of moral and religious instruction in the several schools, the Superintendent has the foUoAving sensible and judicious remarks : " However desirable it may be to lay the foundation of common school education in religious instruction, the multiplicity of sects in this state would render the accomplishment of such an object a work of gi'cat diffi- culty. In the state of Massachusetts it is provided by law that no school books shall be used in any of the schools ' calculated to favor any religious sect.' In this state no such legal provision has been made ; but the natural desire of every class of Chj-istians to exclude from the schools instruction in the tenets of other classes has led to the disuse, by common consent, of religious books of almost every description, excepting the Bible and New Testament, which are used in more than one hundred towns as reading books. The spirit of jealousy by which the schools are sm-rounded, regard- ed as they are as most efficient instruments in the formation of opinions, will probably render this state of things perpetual ; and it is of the greater importance, therefore, that moral instruction and training should constitute a principal branch of the system of education. No teacher can receive a certificate of qualification from the inspectors, unless they are satisfied as to his moral character. In this respect the inspectors cannot be too rigid in their scrutiny. A teacher whose moral sentiments are loose, or whose habits of life are irregular, is an imfit instructor for the young, whatever may be his intellectual acquh'ements, or his skill in communicating knowl- edge. The lessons of moral truth which are taught at the domestic fii'cside and the examples of moral rectitude and purity which are there displayed, will be in danger of losing all their benefit, if the school room does not re- inforce them by its sanctions. If neither the atmosphere of the family cir- cle, nor of the school, is free from impurity, to what other source can the young resort for those principles of morality which shall render their intel- lectual improvement subservient to useful purposes, and without which it might become an instrument to be wielded for the annoyance of their ieh lows and for their own destruction ? Though moral principles may have their origin in the heart, it is not to be expected that their proper develop- ment can be effected amid the perpetual counteraction of hostile influences. Moral cultivation should, therefore, be one of the first objects of common school instruction. The gi-eat doctrines of ethics, so far as they concern the practical rules of human conduct, receive the intuitive assent of all ; and with them may be combined instruction in those principles of natural religion, which are drawn from the observation of the works of nature, which address themselves with the same certainty to the conviction, and which carry to the minds of all observers irresistible evidence of the wis- dom, the beneficence .and the power of their divine author. Beyond this, it is questionable whether instruction in matters of religious obligation can be carried, excepting so f;u' as the school districts may make the Bible and New Testament class books ; and there can be no ground to apprehend that the schools will be used for the purpose of favoring any particular sect or tenet, if these sacred writings, which are their own safest interpreters, ai'e 44 read without any other comment than such as may be necessary to explain and enforce, by familiar illustration, the lessons of duty which they teach. " In connexion with this subject, it is highly gratifying to consider that the religious institutions of the country, reaching, as they do, the mpst se- questered neighborhoods, and the sabbath schools, which are almost as wide- ly diffused, afford ample means of instruction in the principles and practice of the Christian faith. In countries where ecclesiastical affairs are the sub- ject of political regulation, there is no difficulty in making religious instruc- tion the foundation of education, by arrangements independent of the ac- tion of those whom it immediately concerns. But the policy of om* law is to leave the subject, where it may be most properly left, with the officers and inhabitants of the school districts." In passing from the administration of Gen. Dix to that of his successor, it is scarcely necessary to observe that the exertions of the former, dming the six yeai's in which the interests of the common schools were committed to his charge, to elevate and expand the system of popular education, were unsurpassed by any of his predecessors. The impress of his clear, discrim- inating and cultivated mind, was stamped upon every feature of that sys- tem, and the order, arrangement and harmony wliich pervaded all its parts, were due not less to the ceaseless vigilance of its supervision than to the symmetry and beauty of the system itself In 1837 Gen. Dix, under the authority of the legislatm-e, collected together and published a volume of the decisions of his predecessor and himself, embracing an exposition of nearly every provision of the school act, and establishing, upon a permanent basis, the principles of futm-e interpretation and decision, in reference to those provisions. The system of district school libraries was also organized and put into successful operation under his immediate auspices ; and to his clear and convincing exposition of the principles upon wliich this gi'cat in- stitution was based, the ends it was designed to subserve, and the objects it was capable of accomplishing, a large share of the success wliich has at- tended its establishment thus far, is imquestionably due. Administration of John G. Spenc hr — County Superintendents — 1839 to 1842. On the 4th of February, 1839, the Hon. John C. Spencer was appointed secre- tary of state and Superintendent of Common Schools. Deeply impressed with the necessity of a more thorough and efficient supervision and inspection of the several schools, his first measure was to procure the passage of a law authorizing the appointment of a County Board of Visitors, whose duty it should be gratuitously to visit the common schools of their county, and to re- port to him the results of such examination, together with such suggestions for the improvement of these institutions as they might deem expedient. These visitors were selected from among the most intelligent citizens of the several counties, without distinction of party ; and under specific instructions from the department, most of the common schools of the state were visited by them, and a mass of valuable information respecting their condition and prospects, accompanied by suggestions for their improvement, obtained and communica- ted to the legislature. With great unanimity the plan of a county supervision through the medium of an officer to be appointed either by the Superintend- ent or by some local board, was urged upon the department and the legisla- ture ; and under the strong recommendation of the Superintendent, backed by the exertions of several of the most eminent friends of popular education, among whom may be enumerated the Hon. Jabez D. Hammond, who as early as 1835 had given to the public the details of a plan essentially similar; the Rev. Dr. Whitehouse, of Rochester; Francis Dwight, Esq , editor of the District School Jom-nal, then of Geneva ; Professor Potter, of Union CoUege, and James "Wadsworth, Esq., of Geneseo, this project became, in 1841, by the nearly unanimous action of the legislature, incorporated with our system of common schools. In his message at the opening of the session of 1840, Gov. Seward thus ad- verts to the subject of elementary education : 45 "Although our system of public education is well endowed, and has been eminently successful, there is yet occasion for tlie benevolent and enlightened action of the legislature. The advantages of education ought to be secm-ed to many, especially in oui- large cities, whom orphanage, the depravity of parents or some form of accident or misfortune seems to have doomed to hopeless pov- erty and ignorance. Their intellects are as susceptible of expansion, of im- provement, of refinement, of elevation and of direction, as those mi«ds which, through the favor of Providence, are permitted to develop themselves under the influence of better fortunes; they inherit the common lot to struggle against temptations, necessities and vices ; they are to assume the same domes- tic, social and pohtical relations, and they are born to the same ultimate des- tiny. "The children of foreigners, found m great numbers in our populous cities and towns, and in the vicbity of our public works, are too often deprived of the advantages of our system of public education, in consequences of preju- dices arising from difference of language or religion. It ought never to be forgotten, that the public welfare is as deeply concerned in their education as in that of our own children. I do not hesitate, therefore, to recommend the establishment of schools in which they may be instructed by teachers speaking the same language with themselves, and professing the same faith. There would be no inequality in such a measure, since it happens from the force of circumstauces, if not from choice, that the'responsibilities of education are, in most instances, confided by us to native citizens, and occasions seldom offer for a trial of pur magnanunity, by committing that trust to persons duTering from oui-selves in language or religion. Since we have opened our country and all its fulness to the oppressed of every nation, we shall evince wisdom equal to such generosity by qualifying their cliildren for the high responsibilities of citizenship." From the annual report of the Superintendent it appeared that the whole number of organized school districts in the state was 10,706 ; the number of children between the ages of five and sixteen, residing m the several districts from which reports had been received, 5 64,7 90, and the number of childi-en taught during the year reported, 557,229— showing an increase of 28,316 over the preceding year. On the 13th of April, 1840, the Superintendent transmitted to the legisla- tm-e the reports of the several Visitors of Common Schools appointed by him under the act of the preceding session, accompanied by a condensed abstract of their views and suggestions, togetlier with a full exposition of his own, in reference to the various proposed improvements and modifications of the sys- tem. In relation to the inspection of the schools the Superintendent ob- serves : " It has already been shown to the legislature, from the official returns, that at least one half of all the schools in the state are not visited at all by the inspectors. The reports of the Visitors show that the examinations of the in- spectors are slight and superficial, and that no benefit is derived from them. Many of the Boards unhesitatingly recommend the abolition of the office." " The Superintendent is constrained to express his concurrence in the opinion expressed by several of tlie boards of visitors, that the office of town inspector of schools is unnecessary, and rather an incumbrance on the administration of the system." He recommends the appointment of Deputy Superintendents of common schools for each county and expatiates upon the signal advantage to be secm-ed to the interests of the common schools by the"^ adoption of a system of visitation at once so comprehensive and efficient. He dissents from the views of the visitors in reference to the expediency of estab!i>hing normal schools in each county for the instruction of teachers ; being of the opinion that, the existing system of academical departments for this purpose was pre- ferable ; and he accordingly ct^icurs in tlie recommendation of his predecessor to incn^ase the number of those departments. He strongly urges the estab- lishment, under the patronage of the state, of a journal to be exclusively de- voted to the promotion of education ; the attainment, if practicable, through 46 the organization of some general society of an uniformity of text books for the use of schools ; some adequate provision for the vaccination of chUdren at- tending the common schools ; the introduction of vocal music as a branch of elementary instruction ; the extension of the official term of office of the trus- tees of the several districts, and of commissioners of common schools, ard the election, of one annually : the voluntary organization of county boards of edu- cation, and of town, county and state associations for the improvement of common school education ; the estabUshment in cities and populous places of schools of different grades under the charge of a local Superintendent ; and the denial of costs to plaintiffs in suit commenced against school officers in cases ■where the com-t shall certify that the act complained of was performed ia good faith and in the discharge of official duty. On the subject of the proper preparation of teachers for the common schools, the Superintendent holds the following language : " The common school system of the state is comparatively of recent origin. The first law authorizing the establishment of common schools was passed about 26 years ago. In the management of the pecuniary and economical affairs of the districts there is nothing to be deshed. Greater regularity in the administration of this part of the system cannot well be fancied. But its defects become apparent the moment we enter the schools. All these defects centre in a common deficiency under which the Russian schools languished so long — the want of efficient and well quahfied teachers. One of the principal improvemements which have occupied the attention of the legislature and the friends of education during the last six years has been to supply this defect ; but in the pm'suit of this common object some diversity of opinion has pre- vailed with regard to the measures best calculated to accomplish it. Some distinguished advocates of the cause of popular education (and among these are found several of the chief magistrates of the state) have recommended the establishment of teachers' seminaries on the Prussian plan. The prevaiUng opinion, however, has been in favor of departments for the education of teach- ers, engrafted upon the incorporated academies of the state, with such en- dowments as to render them adequate to the object in view." " Although the proper objects of popular instruction are better understood than they have been at any previous time, the importance of the reform now in progress is not, perhaps, so generally appreciated as it deserves to be. It is but a few years since common school instruction was ordinarily limited to a knowledge of reading, writing and arithmetic. The acquisitions which are now regarded as the means of education, were then sought as its objects and end. — No plan of education can now be considered complete, which does not embrace a full development of the intellectual faculties , a systematic and careful disci- pline of the moral feelings, and a preparation of the pupil for the social and political relations which he is destined to sustain in manhood. It must be con- ceded that the standard of common school education in this state falls far short of the attainment of these objects. But the aim of its friends is to introduce into the estabhshed system such improvements as shall ultimately secure their accomplishment. Is this a visionary hope ? Those who are most familiar with the practical workings of the system, beUeve that it is not. The whole reform will be accomplished by furnishing each school district with a competent teach- er. The application of the remedy is certainly surrounded with difficulties. It must be accompli^^hoJ by the gradual progress and mflueuce of opinion. The Prussian system not only prepares the teachers, but compels the school districts to employ them. Our whole system proceeds upon the principle of accomplish- ing by persuasion what the Prussian effects by force." " There is reason to hope and believe that opinion wiU gradually accompUsh what it seems difficult, if not impossible, to secure by compulsory measures. — No people are more quick sighted as to their true interests than the inhabitants of this state. They cannot fail to see that the education of their children will be best secured by employing competent teachers, and that the avenues to wealth and distinction, though open to all, are beset with difficulties for thoae T(vho enter them without the mental preparation which is necessary to enable 47 them to contend successfully against more favored competitors. These convic- tions may and doubtless will be, the fruit of time ; for they are to take the place of long established opinions, which are not often hastily eradicated. The reform of the Prussian system, as has already been observed, was gradual. — The teachers' seminaries were, for many years, few in number, and were alto- gether madequate to supply the schools. Our departments for the education of teachers have been in operation but little more than three years ; and there ia certainly much ground for encouragement in the fact that the demands of the school districts upon these departments, for teachers, have been greater than they have been able to supply." In reference to tlie plan of county supervision through the medium of local superintendents, he observes : " A regular supervision is indispensable to the success of every public or private undertaking. There is not a department of the government which is not subject to some duect and immediate control, and no individual appoints an agent for the management of any business, without reserving and exercising a superintendence over him. Conscious of the abso- lute necessity of such a provision in the common school system, the framers of the law endeavored to secure it by the election of town inspectors. But the ob- ject has not been obtained. The official reports show to what extent even the duty of simple visitation has been neglected. And when the nature of these visita- tions is considered, it will be obvious that if they were as frequent as might be desired, they could not accomplish the great purpose in view. To be of any avail, tlie inspection of schools must be conducted by those who are competent to judge of the qualifications of the teacher, and of the progress of the pupils, by examinations in the different studies piu'sued, and to suggest such improve- ments and modifications as will enable the student to derive the greatest amount of benefit from the schools. And time must be devoted not only to the schools and their masters, but to the trustees and inhabitants." " All writers on pub- lic education concur in the mianiraous and decided opinion, that effectual in- spection and supervision are more essential to the proper management of schools, and more indispensable to their improvement than any other agency or all other agencies combined ; and the Superintendent does not hesitate to ex- press his conviction that until they are provided, all efforts to improve the con- dition of the schools, to extend the range and elevate the character of the in- struction in them, will be utterly hopeless. M. Cousin, the celebrated author on popular education, attributes the success of the schools in Holland almost en- irely to the constant and unremittintj; mspection to which they are continually 8 ubjected, and demonstrates that wherever schools have failed, in other countries, to meet the public expectation in the degree and amount of instruction, it has been owing to the want of such supervision." On the 15th of April, John A. Kino, Esq., from the committee on colleges, academies and common schools, of the assembly, submitted an elaborate re- port, accompanied by a bill embracing substantially the improvements and modifications of the system recommended by the Superintendent. Tliis bill passed the assembly on the 12th of May subsequently, by a vote of fifty-eight to forty-seven ; but no definitive action was had upon it in the senate, for want of time. The following are extracts from the message of Gov. Seward, at the opening of the session of 1841 : " The number of children attending the common schools is about 570,000 ; and the whole number of cliildren between five and sixteen yeai-s of age, as nearly as can be ascertained, is about 600,000. There are about eleven thou- sand common school districts in the state, in all of which schools are maintain- ed during an average period of eight months in the year. Of these school districts there are very few which have not comphed with the act providing for the estabUshment of school district libraries. * * * Although an injudicious choice of books is sometimes made, these libraries generally include history and biography, voyages and travels, works on natural history and the physical sciences, treatises upon agriculture, commerce, manufactures and the arts, and judicious selections from modem literature. Henceforth no 48 citizen, who shall have improved the advantages offered by our common schools and the district libraries, "wUl be without some scientific knowledge of the earth, its physical condition and its phenomena, the animals that inhabit it, the vegetables that clotlie it with verdure, and the minerals under its sur- face ; the physiology and the intellectual powers of man ; the laws of mechan- ics and then- practical uses ; those of chemistry and their apphcation to the arts, the principles of moral and political economy ; the history of nations, and especially that of our own country ; the progress and triumph of the democratic principle in the governments on this continent, and the prospects of its ascendency throughout the world ; the trials and faith, valor and eon- stancy of our ancestors ; with all the mspi)-ing examples of benevolence, vir- tue and patriotism, exhibited in the lives of the benefactors of mankind. The fiTiits of this enlightened and beneficent enterprise are chiefly to be gath- ered by oiur successors. But the present generation will not be altogether um'ewarded. Although many of oiu* citizens may pass the district library, heedless of the treasures it contains, the unpretending volumes will find their way to the fireside, diffusing knowledge, increasing domestic happiness, and promoting public virtue." " When the census of 1850 shall be taken, I trust it will show, that within the borders of the state of New Tork, there is no child of sufficient years who is unable to read and ^\Tite. I am sure it will then be acknowledged, that when ten years before, there were thirty thousand children growing up in ignorance and vice, a suggestion to seek them, wherever found, and win them to the ways of knowledge, and virtue by purs.uasion, sympathy and kindness, was prompted by a sincere desiie for the common good. I have no pride of opinion concerning the manner in which the education of those whom I have brought to your notice shall be secured ; although I might derive satis- faction from the reflection, that amid abundant misrepresentations of the method suggested, no one has contended that it would be ineffectual, nor has any other plan been proposed. I observe, on the contrary, with deep regret, that the evil remains as before , and the question recm-s not merely how, or by whom shall instruction be given, but whether it shall be given at all, or be altogether withheld. Others may be content with a system that erects free schools, and offers gratuitous instraction ; but 1 trust I shall be allowed to entertain the opinion, that no system is perfect that does not accomphsh what it proposes ; that our system is therefore deficient in comprehensiveness, in the exact proportion of the children that it leaves uneducated ;> that knowledge, however acquired is better than ignorance ; and that neither error, accident, nor prejudice, ought to be permitted to deprive the state of the education of her citizens. Cherishing such opinions, I could not enjoy the consciousness of having discharged my duty, if any effort had been omitted which was calculated to bring within the schools all who are destined to exercise the rights of citizen- ship ; nor shall I feel that the system is perfect, or liberty safe, until that object be accomplished. Not personally concerned about such misapprehensions as have arisen, but desiroiis to remove every obstacle to the accomplishment of so important an object, I very freely declare, that I seek the education of those whom I have brought before you, not to perpetuate any prejudices or distinc- tions which deprive them of instruction, but in disregard of all such distinctions and prejudices. I solicit their education less fi'orn gyropaihj than because the welfare of tlie state demands it, and cannot dispense with if. As native citi- zens they are bora to the right of suffrage. I ask that they n)ay at least be taught to reiid and write ; and in asking this, I require no more for them than I have dilligently endeavored to secure to the inmates of our penitentiaries, who forfeited that inestimable franchise by crime ; and also to an unfortunate race, which having been plunged by us into degrade tion anfl ignorance, has been ex- cluded from the franchise by an arbitrary pro|ierty qualification incongruous with all Our institutions. I have not recomn! ended, nor do I seek, tlie education of any class in foreign lang?aagcs, or in pnrticukiv creeds or faitlis ; but fully be- lieving, with the author of the Declaration of Independence, that even error may be safely tolerated where reason is left free to combat it, and therefore 49 indulging no apprehensions from the influence of any language or creed among an enlightened people, I desire the education of the entire rising generation in all the elements of knowledge we possess, and in that tongue which is the uni- versal language of our countrymen. To me, the most interesting of all our re- publican iustitutions is the common school. I seek not to disturb, in any man- ner, its peaceful and assiduous exercises, and least of aU with contentions about faith or forms. I desire the education of all the children in the commonwealth in morality and virtue, leaving matters of conscience where, according to the principles of civil and religious liberty established by our constitution and laws, they rightfully belong." In his annual report for the present year, the Superintendent strongly urges the continuance of the departments for the instruction of teachers connected with the academies, and the increase of the number of the institutions requir- ed to maintain such departments. "Normal Schools," he observes, "which are so strongly urged by some, must, after all, be essentially like these depart- ments and the academies in which they are estabhshed. There must be a board of managers or trustees, teachers, a building, books and apparatus. These are already furnished by the existing academics, and there can be no in- trinsic defect in them wliich should prevent their being made as useful as any normal schools. The change of name will not change the real nature of the institution. The sum of money which would be requisite to purchase ground, erect buildings for one normal school, and fit them for the purpose, would ena- ble at least ten academies to maintain similar schools in buildings already pre- pared, and under managers already organized. The Superintendent does not mean to under-rate those schools, nor to depreciate the benevolent motives of thee who recommend them. He acknowledges, and indeed eaniestly urges, the inestimable value and absolute necessity of institutions in which our youth may be prepared for the business of teaching. But he would use the means ■we already have at hand for the purpose without incurring what pcems to him the needless expense of providing others of a similar character. He would respectfully recommend the extension of the public patronage to all the acad- emies in the state, to enable them to establish teachers' departments, and in those coimties where there are no academies, the establishment of normal schools. For the latter purpose there might be a provision, authorizing the boards of supervisors in such counties to raise the necessary sums to procure Buitable grounds and erect proper buildings ; and upon their being completed- appropriating from the funds of the state a sufficient sum to employ compe tent teachers." He, however, remarks in conclusion, "One model sfhool or more might be advantageously estab!i?hed in some central part of the state, to which teachers and tliose intending to become such might repair, to acquire the best methods of conducting our common schools." Professor Potter, of Union College, who. at the request of the department, had visited and personally inspected during the year 1840.6evernl of the teachora' departments connected with the academies, submitted a very able report of the result of his examination closing with tlie following; puggestic.n : " I would sug- gest whether some means might not be adopted for triiining a class of teach- ers with more especial reference to country common soliools, and to primary Bchools in villages and cities — teachers wliose attainments ^houhl not i'xt<'nd much beyond the common English br:;nches, but whose mind^ should be awak- ened by proper influences — who sliould be made familiar by practice with the best mixh's of teaching, and who should come under strong obliuntion-) to teach for at least two or three years. In Pruspi:i, and France normal scliools are sup- ported at the public expense ; most of tlie pupils receive both hoard ■iml tuitiim gratuitdusly ; but at the close of the course they i;ivo hond'^ to nd'und tlio whole amount received, unless they teacli, under the diiei'iion of the fjuvern- mriit, for a certain nuinher of years. That such schools, devoted cychi-ively to the prepnr.ition of teachers, have some ailvantagesover any n'hc.r inetlioil,ia sufficiently apparent from the experience of other nations ; and it bus occurred to me that as a xiipplemeyitarjf to our present system, the establishment of etl njon the taxable propeity in the several towns j and tli<; proceeds of this fund, augmented by nearly an equal amount, contribu- 53 ted by the inhabitants of the several districts, on rate bills, by varioug local funds, and by sums voluntarily raised for this purpose by the inhabitants of the towns, are apphed exclusively to the payment of the wages of competent and approved teachers, and to the purchase of suitable books for the school district libraries. " The substitution of a single officer, charged with the supervision of the common schools of each town, for the Board of Commissioners and inspectors formerly existing, in connection with the supervisory and appellate powers of the several county Superintendents, as defined by the law of the last session, seems to have met with the general approbation and concurrence of the peo- ple. Conventions and associations of the friends of education have, dur- ing the past year, been held in almost every section of the state, indicating a concentration of interest, and a direction of effort to this great subject, which cannot fail of producing the most salutary results. The standard of qualifica- tion of teachers has been materially advanced ; parents and the people gener- ally manifest an increased interest in the welfare and prosperity of these ele- mentary institutions of learning ; and there are the most abundant reasons for anticipating a steady and continued improvement in all the elements of our extended system of common school education." There were in the state, as appears by the annual report of the Superiu- tendent, (Jan. 13, 1844) 10,875 organized school districts, 670,995 children between the ages of five and sixteen, exclusive of those residing in the city of New York ; and 657,782 children taught dm-ing the year. " We may reasonably," observes the Superiuteodent, " congratulate ourselves upon the accession of a new order of things, in relation to the practical workings of our system. Through the medium of an efficient county and town super- rision, we have succeeded not only in preparing the wajr for a corps of teachers thoroughly competent to communicate physical, intellectual and moral instruction — themselves enlightened and capable of enlightening their pupils — but also in demolishing the numerous barriers which have hitherto prevented all intercommunication between the several districts. An extended feeling of interest in the condition and progress of the school has been awakened ; and in addition to the periodical inspection of the county and town superintendendents, the trustees and inhabitants ai"e now, in many portions of the state, beginning to visit the schools of their dis- tricts ; striving to ascertain their advancement ; to eneom-age the exertions of teachers and pupils, and to remove every obstacle resulting from their previous indifference. Incompetent teachers are beginning to find the avenues to the common school closed against them ; and the demand on the part of the districts for a higher grade of instructors, is creating a supply of enlightened educators, adequate to the task of advancing the youthful mind in its inci^iient efforts to acquire knowledge. The impetus thus communicated to the schools of one toAvn and county, is speedily diffused to those of others. Through fi-equent and periodical meetings of town and county associations of teachers and fi-iends of education, the improvements adopted in any one district are made known to all ; and the experience, observations and suggestions of each coimty Superintendent, annually communicated through their reports, to all. By these means the stream of popular education, purified at its source and relieved from many of its former obstructions, is dispensing its invigorating waters over a very considerable portion of the state. " The reports of the several county Superintendents exhibit imequivocal evidence of effiicent exertions on their pai-t, in the performance of the res- ponsible duties assigned them by law and by the instructions of this department. To their efforts is to be attributed, to a very gieat extent, the revolution in public sentiment, by which the district school fi-om being the object of general aversion and reproach, begins to attract the attention and regard of all. To their enlightened labors for the elevation and advance- ment of these elementary institutions, we owe it in a great measure, that new and improved modes of teaching, of government and of discipline have 54 succeeded in a very large proportion of the districts, to those which have hitherto prevailed ; that a higher grade of qualifications for teachers has been almost universally required ; that pai-ents have been induced to visit and take an interest in the schools ; that private and select schools have been to a considerable extent discountenanced, and the entire energies of the inhabitants of districts concentrated on the district school ; and that the importance, the capabilities and extended means of usefulness of these nurseries of knowledge and virtue, are beginning to be adequately appre- ciated in nearly every section of the state. Collectively considered, these officers have well vindicated the confidence reposed in them by the legis- lature and the people, and justified the anticipation of the friends of edu- tion." The attention of the friends of Common School Education was now power- fully and systematically directed to the subject of a State Normal School for the proper instruction and preparation of teachers. To this end, Mr. HuLBURD, of St. Lawrence, who was again at the head of the Assembly Committee on Colleges, Academies and common schools, visited, dm'ing the eai-ly part of the session, the several Normal Schools of Massachusetts, ob- served their pai'ctical working, made himself thoroughly acquainted with the principles upon which they were founded, and collected a valuable body of information in regard to the general history and specific operations of similar institutions in Europe. On the 22d of March, he submitted an elaborate and eloquent report, embracing the entire subject, reviewing the legislation of the State in refer- ence to the vai-ious appropriations made from the literature fund, to the several Academies, foi«the purpose of organizing and establishing Teachers Departments ; showing that these institutions were wholly ineomptent to supply the demand for competent teachers, throughout the state ; giving a concise history of the origin and progress of Normal Schools in Europe and America, with a detailed account of theii- operations in Massachusetts ; and strongly recommending the appropriation fi-om the income of the literatui'e fund of $9,000 for the establishment, and $10,000 annually thereafter for the support and maintenance of a State Normal School, ,to be located in the city of Albany, for the education and proper preparation of teachers of common schools, of both sexes, and to be composed of pupils selected from the several counties of the state in proportion to the representation of such counties in the popular branch of the Legislature. After a full recapitulation of the previous legislation of the state, in refer- ence to Academical Departments for the instruction of teachers the com- inittee observe : " It will appear that the principal reliance of the friends and supporters of the common schools for an adequate supply of teachers has, fi'om a very eai'ly period, been upon the academies — that the inability of the latter to supply this demand, induced, in 182*7 an increase of $150,000 of the fund ^applicable to their support, and this for the express purpose of enabling them to accomplish this object : that the Regents of the University, the guardians of these institutions, characterized this increase of the fund as an unwonted and extraordinary act of liberality on the part of the state towards them — explicitly recognized the condition, or rather the avowed expectations on which it was granted — accepted the trust, and undertook to perform those conditions and to fulfil those expectations : that, to use the language of one of the Superintendents, '-the design of the law was not sustained by the measures necessary to give it the form and efi'ect of a system ; " that to remedy this evil, one academy was specially designated in each Senate dis- trict, with an endowment of $500 to provide the necessary means and facil- ities of instruction, and an annual appropriation of $400 for the mainten- ance of a department for the education of teachers, and soon afterwards the sum of $28,000 added to the literature fund from the avails of the U. S. Deposit fimd while eight additional academies were required to organize and maintain similai* departments : that finally the number of these depart- 55 ments was augmented to twenty-tlu-ee, and every exertion put forth to 8eciu-e the gi-eat results originally contemplated in their establishment ; and that in the judgment of successive Superintendents of common schools, the Regents of the University, and the most eminent and practical fi-iends of education throughout the state, these institutions, whether considered in the aggregate or with reference to those specially designated from time to time, for the performance of this important duty of supplying the common schools with competent teachers, have not succeeded in the accomplishment of that object. Having, therefore, to r-evert again to the language of the Superin- tendent before refen-ed to, " proved inadequate to the ends proposed ; " may not now " a change o/joZaw be insisted on, without being open to the objection of abandoning a system which has not been fairly tested ?" And have the academies any just reason to complain if they are not longer per- mitted to enjoy undiminished the liberal appropriation conferred upon them by the state for a specific object — an object which they have not been able satisfactorily to accomplish ? " The committee then proceed minutely to trace the origin, progress and practical operation of Normal Schools in Europe and in this country, and after a general discussion of their applicability and expediency under the peculiar circumstances which exist in our own state, and the recommenda- tion of an appropriation for the organization and support of a Normal School at the seat of government, for the education and training of teachers, observe : " It will be noticed that the committee speak of the establishment of one Normal School : Did our present means seem to warrant it, the committee woidd, with confidence, recommend the immediate establishment of at least erne in each of the eight Senatorial districts. If one is now established, and that is properly endowed and organized, there cannot be a doubt that not only one will be called for m each of the eight Senatorial districts, but in a brief period very many of the large counties will insist upon having one established within their limits. The establishment of one is but an experi- ment — if that can be called an experiment, which for more than a century has been in operation, without a known failure — which, if successful, will lead the way for several others. It is believed that several of the Acade- mies now in operation can and will be converted into Normal Seminaries, when the period arrives for the rapid improvement of education ; in this way there will be no loss of academic investment, and the great interest of the public will be as well or better subserved than they are at present. " The committee believe the experiment should be tried at the Capi- tal ; if it cannot be tested in the presence of all the people, it should be before all the representatives of the people. As a government measure, it is untried in this state ; the result, therefore, will be of deep interest. Here at each annual session of the legislature, can be seen for what and how the public money is expended ; here can be seen the exhibition of the pupils of the Seminary and of the Model School ; here, if unsuccessful no report of interested officials can cover up its failure, or prevent the abandon- ment of the experiment ; here citizens from all parts of the state, who resort to the Capital during the session of the legislature, the terms of the courts, «fec., can have an opportunity of examining the workings of the Normal school systeta, of learning the best method of teaching, and all the improve- ments in the science and practice of the art ; those who in the spring and autumn, pass through the city, and to and from the Great Metropolis, and those who from all parts of the union make their annual pilgrimage to the Fountain of Health, will pause here to see what the Empire State is doing to promote the education of her people." On the seventh of May, succeeding, the bill reported by the Committee was passed into a law, by which the sum of $9,600 was appropriated for the first year, and |10,000 annually for five years thereafter and until other- wise directed by law, for the establishment and support of a Normal school to be located at Albany, and to be under the supervision, management and 56 direction of the Superintendent of common schools and the Regents of the Hoiversity, who were authorized and required, from time to time, to make all needful rules and regulations ; to fix the number and compensation of teachers and others to be employed therein ; to prescribe the preliminary examination and the terms and conditions on which the pupils should be receiyed and instructed ; to apportion such pupils among the respective counties, conforming as nearly as might be to the ratio of population ; and generally, to provide in all things for the good government and manage- ment of the school. They were also required to appoint an executive com- mittee, consisting of five persons, one of whom should in all cases be the State Superintendent of common schools, to whom the immediate government and direction of the institution should be committed, subject to such general rules as the Regents might prescribe, and whose duty it should be to make full and detailed reports from time to time to the Superintendent and Regents, and to recommend such rules and regulations as they might deem proper for the school. The Superintendent and Regents were likewise required annually to transmit to the legislature, an account of their pro- ceedings and expenditures. In pm-suance of this act, the Regents of the University, proceeded on the Ist of June thereafter, to the appointment of an Executive Committee, consisting of the Superintendent of common schools (Col. Young) Rev. Alonzo Potter, Rev. William H. Campbell, Hon. Gideon Hawlet and Francis Dwight, Esq., who held their fu-st meeting on the 20th of June. Having obtained from the corporation of the city of Albany, the lease for five years of a commodious building for the use of the school, they adopted the necessary measures for its organization and establishment, by requesting the Board of Supervisors of the several coimties, to appoint on the nomination of the county Superintendents, a nimiber of pupils, corresponding to their respective representation in the Assembly ; by the appointment of David P. Page, of Newburyport, Mass., as Principal, George R. Perkins, of Utica, as Professor of Mathematics, Frederick I. Ilslet, of Albany as teacher of Music, and J. B. Howard, of Rensselaer, as teacher of Drawing ; and by making such general niles and regulations as they deemed expedient and necessary, in reference to the eom'se of study, management and discipline of the school. On the 18th of December, the school was opened, by a public address from the Superintendent of common schools. Twenty-nine pupils only were in attendence ; this number, however, speedily increased to upwards of one hundred ; and an experimental or model school was at the commencement of the second term, attached to the institution, comprising upwards of a hundred children of both sexes. At the opening of the session of the legislature of 1845, Gov. Wright, in his annual message to both Houses, thus adverted to the subject of common school education : " Ko public fund of the state is so unpretending, yet so all pervading — so little seen, yet so universally felt — so mild it its exactions, yet so bountiful in its benefits — so little feared or courted, and yet so powerful, as this fund for the support of common schools. The other funds act upon the secular interests of society, its business, its pleasures, its pride, its passions, its vi- ces, its misfortunes. This acts upou its mind and its morals. Education is to free institutions what bread is to human life, the staff of their existence. The oiSce of this fiuid is to open and warm the soil, and sow the seed from which this element of freedom must grow aud ripen into maturity ; and the health or sickness of the growth will measure the extent and security of om* liberties. The thankfulness we owe to those who have gone before us, for the institution of this fund, for its constitutional protection, and for its safe and prudent administration hitherto, we can best repay by imitating their example and improving upou their work, as the increased means placed in our hands shall give us the ability. " Few, if any instances, are upon record in which a fund of this descrip- tion has been administered, and its bounties dispensed through a period of 57 fbrty jaatB, with eo few suspicions, accusations, or complaints of the inter- ference of either political or religious biases to disturb the equal balance by which its benefits should be extended to our whole population. This should continue as it has been. Our school fund is not instituted to make our •hildren and youth either partizans in politics, or sectarians in religion ; but to give them education, intelligence, sound principles, good moral habits, and a free and independent spirit ; in short, to make them American free- men and American citizens, and to qjualify them to judge and choose for themselves in matters of politics, religion and government. Such an ad- ministration of the fund as shall be calculated to render this qualification the most perfect for the mature minds, with the fewest iuflueuces tending to bias the judgment or incline the choice, will be the most consonant with our duties, and with the best interests of our constituents. Under such an administration, education will flourish most and the peace and harmony of •ociety be best preserved." From the annual report of the Superintendent, (Col. Young) it appeared that the whole number of school districts in the state, was 10,990 ; the whole number of children between the ages of five and sixteen, was 696,548 ; the number of cliildren of all ages, actually taught in the common schools during the year reported, 709,156, or more than 50,000 beyond the number taught during' the preceding year ; the amount paid for teachers' wages $992,222 ; of which $447,566 was raised on rate-bills ; the amount paid for library pur- poses $94,950.54 ; and the number of volumes ui the several district librar- ries 1,038,396. " A more just appreciation on the part of the public," observes the Su- perintendent, in concluding his report, " not only of the importance of ade- quate intellectual and moral culture in our common schools, but of the re- sponsibilities of teachers, is beginning to prevail. There is much in the prospect thus opened to us, cheering and encouraging to the friends of free institutions, to the friends of education, and of civil, social and moral pro- gress. The great idea of education, in its most comprehensive acceptation, consists in that development, culture and discipline of all the faculties of our nature, which shall fit us for the highest sphere of usefulness, and the highest degi-ee of enjoyment of wliich that nature, in the circumstances by which we are surrounded, is susceptible. " This conception of that preliminary training which is to give us the eomplete and efiicient control of the energies, physical and moral, of our common humanity; has at length, it is to be hoped, assumed its place as the foundation of the science of elementaiy instruction. Institutions for the preparation of teachers upon the most approved models, are already diffusing far and wide, a more enlightened and practical system of mental culture, by furnishing to the schools instructors of a high grade of qualifications, in- tellectual and moral ; and these instructors, in their turn, communicate ele- ments of knowledge and the means of self-improvement, to the pupils com- mitted to their charge. The general substitution of knowledge, for the par- rot-like rote, by which a vigorous and retentive memory was made the prin- cipal test of mental capacity, may be regarded as one of the strongest indi- cations of the prevalence of sounder principles, and of a progressive revolu- tion in the theory and practice of educatiim. " These are the principal agencies through whose united influence our common schools have imbibed that spirit of improvement which is percepti- ble in nearly every section of the state, and which must ultimately renovate our entire system 'of public education, and exert a beneficial influence upon all our institutions, civil, social and political. In the late strongly contested election for the chief magistrate of the United States, the result was deter- mined for good or for evil, by 237,600 votes cast in this state ; and the re- sult will, doubtless, eventuate in a course of measures which will affect, beneficially or otherwise, the interests of some twenty millious of human beings, for a series of years to come. The whole number of children now under the course of instruction in the common schools of this state, exceeds 58 700,000 ; estimating one-half of this number as females, and making a still farther deduction of 100,000, or one-seventh of the whole, for removal from the state, death, or inability from any other cause, to discharge the duties appertaining to the citizen — and we have remaining 250,000, who, upon a reasonable estimate will, within a less period than fifteen years, emerge from our common schools invested with all the functions of populai- sovereignty ; a number exceeding by upwai-ds of 12,000 that which has recently given to the Union a Chief Magistrate. " On the flourishing condition of our schools repose the hopes of the present and the destinies of the future. Without a sound, moral and intel- lectual education, the functions of self government can neither be duly appreciated nor successfully maintained. The constitution of several of the South American Republics appeared theoretically to secm-e human liberty. But paper provisions are powerless unless they are also impressed on the hearts, and combined with the intelligence of the people. Without an aecm-ate knowlede of their rights and duties, and a determination to maintain them, no community can long be free ; and the melancholy truth that the South American Republics have fallen into revolutionary decrep- itude, and degenerated into military despotisms, affords to us an impressive admonition. Indeed without going beyond om- own borders, premonitions of an anti-social spirit — of insubordination to the law — of combining to perpetrate violence, riot, incendiarism and murder — aj-e sufiBciently alarm- ing in their rapid increase during the last few years. If the same spirit pervaded the majority of the community, the existing government would be at an end ; and as human society cannot exist without a superintending power of protection, the aid of some more energetic and despotic form of government would necessarily be invoked to administer justice, to maintain order, and to shield the poor from the exactions of the rich, — the weak from the aggressions of the strong. " The gi-eat extent of the American Republic — its rapidly increasing population — ^the dis-ersity of habits, pursuits, productions, and interests, some of which are regarded as hostile to others — render necessary at^all times, the cultivation of a liberal spii-it of forbearance and conciliation. Without the diffusion of education, such a spirit, in sufficient strength to maintain harmony, cannot exist. It may be safely afBi-med, that there is now no people of equal numbers on the face of the earth, who, if placed under such institutions as ours, would maintain the government for a single year. And unless moral and intellectual culture, shall at least keep pace with the increase of numbers, this republic will assuredly fall. On the cai-eful cultivation in our schools, of the minds of the young, the entire success or the absolute failm-e of the great experiment of self government is wholly dependent ; and unless that cultivation is increased, and made more effective than it has yet been, the conviction is solemnly impressed by the signs of the times, that the American Union, now the asylum of the oppressed and " the home of the free," will ere long share the melancholy fate of every former attempt of self government. That Union is and must be sustained by the moral and intellectual powers of the community, and every other power is wholly ineffectual. Physical^ force may generate hatred, fear and repulsion ; but can never produce Union. The only salva- tion for the republic is to be sought for in our schools. It is here that the seeds of liberty are sown, and made to germinate and grow, and produce rich fruit in abundance. Every improvement that can be given to these primary institutions, affords an additional guaranty for the permanent main- tenance of rational freedom. " The duration of the life of man should be estimated, not by the years of his physical existence, which would degrade him to the level of the brute — but by the period of the expansion and enjoyment of his moral and intellectual faculties. Thence it has been aftu-med Avith philosophic truth, that " he who shortens the road to human knowledge lengthens life." The cradle and the gi-ave are in such close proximity, even when the interval is 59 most extended, that hiunan existence may be regai-ded as nearly a blank, unless the early portion of the brief space by which they are sepai-ated is seduously devoted to the developement of the mind. The undying part of our nature has been impressed by its creator with an unconquerable desire for knowledge, not that limited acquaintance with the external forms of things which is bestowed upon the animals by instinct — but a knowledge vastly more minute and exclusive, which embraces within its scope, all the properties and laws, both of mind and matter. The earth itself with all its appendages, is much too small a theatre, to sftiate the inquisitiveness, even of children ; and if human power were commensurate with human aspirations, the daring ken of man would be thrown thi-ough the abyss of Heaven, to the idtima thiile of the works of God — to the farthest verge in fathomless space, in which the energies of creative power have yet been consummated — to regions where the embryon nebulae of unformed worlds are in the transition or the quiescent state, obedient to the primeval fiat of the Almighty." The introduction of Teachers^ Institutes as an elementary portion of the system of Public Instruction, which was effected at about this period, constitutes an important feature in the progress of improvement, with refer- ence to the practical qualification of teachers of common schools. The sub- ject was fu-st brought to the attention of the friends of education, by a series of resolutions submitted to the Tompkins County Teachers' Association, in October 1842, by J. S. Denman, the County Superintendent of Tompkins, setting forth the necessity of united and efficient action on the pai-t of teach- ers to elevate their profession and the standard of common school education generally, and recommending the establishment, in that County _ of a Teachers' Institute, where all the teachers might meet semi-annually in the spring and fall, preparatory to the commencement of the respective summer and winter terms : and spend from two to four weeks, in receiving instruction from efficient instructors, in listening to lectiu-es from scientific men, and in the discussion of plans for the improvement of schools. The first Teachers' Institute was opened at Ithaca, on the 4th day of April 1843, under the management and direction of Mi-. Denman, who had engaged the services of Salem Town Esq., the Rev. David Powell and Prof James Thompson, of Auburn, as instructors and lecturers. Twenty eight teachers were in attendance, and instruction was given daily for a term of two weeks in the best mode of Governing and teaching common schools, including a critical analysis and review of the various elementai-y branches ; and sundry advanced branches not heretofore in use in the Schools generally. During the Autumn of the same year, several similar- institutions were opened in different sections of the State -, and in the succeeding year their operations were greatly enlarged and extended. In his annual report for 1845 the State Superintendent thus alludes to them : " In no less than seventeen of the lai-gest counties. Teachers' Institutes have been established during the past two yeai's, in which upwards of one thousand teachers have been instructed during periods varying from two to six or eight weeks, immediately preceding the commencement of their re- spective terms of instruction, by the most competent and experienced educa- tors whose services could be procured, in conjimction with the county Superintendent. These associations are wholly voluntary, and the expenses, including board, tuition, and the use of convenient rooms, apparatus, • 21052 1313 19739 2853 1881 972 8506 2911 4595 7940 2002 6938 4611 1683 2928 4448 2288 2160 ., 2804 1334 1470 5474 2350 SI 24 *Including the votes given for and against the " Free School Law," and for and against the " School Law," the majority against the law in this oounty was 80. 76 COUNTIES. For the New School Law. Against the New School Law. Majority for. Major ag'st. 4009 1211 2652 7254 1437 1117 4997 4749 2304 2751 2799 5714 2479 2421 2343 2459 5688 1708 4109 4277 4554 3000 2480 4019 277 396 978 22 414 2546 2110 304 2674 886 2321 938 499 837 3177 1182 679 2298 2619 982 1652 829 10 Putnam 934 2256 6276 1415 703 2451 2639 2000 77 1913 3393 1541 1922 1506 Richmond, Seneca Suffolk Tioga, 718 Ulster 4506 1029 1811 1658 3572 1348 1651 Westchester, Yates 249,872 91,951 158,181 1240 Gn the 10th of December, 1849, Samuel S. Randall was re-appointed Deputy Superintendent of Common Schools, in the place of Mi'. Johnson, appointed Deputy Secretary. Notwithstanding the almost unanimous vote of the electors of the state in favor of the act of 1849,it was met at the outset of its practical administration by a violent and wide spead hostility. In nearly half the counties of the state, the Board of Supervisors had adjourned their sessions, before the official annunciation of its adoption, and consequently without making pro- vision for the additional county tax required by the second section. The heavy deficiency of funds thus occasioned was left to be supplied by a district tax ; and the great inequality in the taxable property of the several districts was severely felt, and contributed to a very great extent, to render the prac- tical operation of the new law, burdensome and oppressive. Many of the heaviest tax payers had no direct interest in the schools ; and in general wherever they constituted a majority of the legal voters of the district, they refused all appropriations for the svipport of the school beyond the four months required by law. Petitions for a repeal or modification of the law, were forwarded in great numbers from every section of the state : and a very general disaffection existed towards the new system. By an act passed on the 30th of March, the sum of $250 was appropriated, annually for three years to the Trustees of such Academies as the Regents of the University, should designate for that purpose, on condition that at least twenty individuals in such Academies should be instructed in the science of common school teaching for at least four months during each of said yea,rs. On the first day of January, 1850, the Superintendent forwarded to the legislature his annual report, by which it appeared that the number of school districts in the state, was 11,191, the number of cliildren between five and sixteen 739,655 and the whole number of children taught during the year 1848,778,309. The recommendation to restore the office of county Superin- 77 tendent, or to create tliat of assembly district Superintendent, was renewediy urged upon the legislature, together with several other important modificatiou of the existing law. Several bills were brought forward in each branch of tlie legislature, in ac- cordance with these recommendations, and with the object of removiurr the obnoxious featm-es of the new law. Able reports were made by Mr. Bekkman of New York, Chairman of the Literature Committee of the senate, and by- Mr. KiNusLEY of Cortland from a select Committee of the assembly, to whom the various petitions for a repeal or modification of the law, were referred. Mr. Burroughs of Orleans, the Chairman of the Committee on colleges, acade- mies and common schools, brought forward a bill, providing for the levyin>r of a general state tax of $800,000 annually, for tlie support of the schools in conjunction with the anmud revenue of the school fund. This bill passed the Assembly by a vote of 70 in the affirmative to 30 in the negative ; but no action was liad on it in the Senate. In that body a bill was introduced by Mr. Mann, of Oneida, refei-ring the question of re- peal of the act of 1849, to the decision of the people at the ensuinc election which passed the Senate, and received the assent of the House, after mid- night of the last day of the session. The friends of Free Schools, after the most strenuous and persevering though ineffectual eiforts to obtain such amendments or modification of the law as might render its provisions generally acceptable, determined, under these circumstances, to oppose its unconditional repeal. They united, with great unanimity, in the call for a State Convention at Syracuse, which was held on the 10th day of July, the Superintendent of Common Schools Mr. Morgan, presiding ; at which, resolutions were adopted in favor of the prin- ciple of Free Schools, and recommending the friends of education generally throughout the State, to oppose the repeal of the existing law with the view of amending and perfecting its details. An animated and vigorous canvass ensued — the opponents of the law insisting upon its unconditional repeal, with- out regard to the principle involved, and the friends of Free Schools, while conceding to the fullest extent the objections ui-ged against the existiuo- law, insisting upon its retention on the Statute book, for the sake of that ririnci- ple, and pledging themselves to unite with its opponents in such amendments and modifications of the law itself, as public opinion should demand, and the best interests of education require. So obnoxious, however, were the main features of the law to the mhabitants of the several districts generally, that an aggregate majority of 46,874 was obtained, at the annual election in the fall of 1850, in forty-two of the fifty-nine counties of the State, in favor of its repeal. In the remaining seventeen counties, including the City and County of New York, the aggregate majority against repeal amounted to 71,912. The whole number of votes cast on this question (exclusive of im- perfect and scattering ballots) was 393,654 ; of which 184,308 were given for, and 209,346 against the repeal of the law; leaving a majority of 25 038 against such repeal. The following Statement of the vote in the several Counties of the State, for and against the Repeal of the Free School Law, is derived from the offi- cial returns to the Secretary of State's Office : COUNTIES. For Repeal of the new School Law Albany, Allegany, .... Broome, Cattaraugus, Cayuga, Chautauque, Chemung, .... Chenango, .... 3310 3787 8021 3175 3639 4724 2315 4828 Against Repeal of the new School Law. 85S2 2161 1846 2196 3409 3094 2135 2358 Majority I Majority for I againstj Repeal. Repeal. 1626 175 979 230 1630 180 2470 5272 78 COUNTIES. Clinton, Columbia, , Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton & Hamilton,. Genesee, Greene, Herkimer, Jefferson, Kings, Lewis, Livingston Madison Moni-oe, Montgomery, New York, Niagara, Oneida, Onondaga, , Ontario, Orange Orleans, Oswego, Otsego, Putnam, Queens Rensselaer, Richmond, Rockland, , St. Lawrence, Saratoga Schenectady, Schoharie, Seneca Steuben, Suffolk Sullivan, Tioga, Tompkins, Ulster, Warren,. Washington , Wayne, Westchester Wyoming, Yates, For Repeal of the new School Law l963~ 2666 3150 4068 2841 4672 2138 1664 2610 2830 3217 3588 6064 1060 1709 3599 3896 5099 2253 987 3461 7414 4657 3712 4183 2835 4241 3816 845 1542 3370 351 826 4628 4211 1365 4169 1810 5377 2252 1748 2784 4441 3826 1806 3726 4742 2164 3155 2186 Against Repeal of the new School Law. 184308 1893 4394 1153 2040 6764 6415 1559 1221 1537 1698 1847 3038 3958 11136 455 2548 3254 5031 3295 38816 2169 6517 6583 2970 3274 1523 3770 2096 959 2050 7176 1212 948 3549 3077 1417 1611 2113 4016 1884 1475 1130 1924 4063 1102 2718 2605 4436 1610 1525 209316 Majority for Repeal. ~ 70 " 1997 2028 579 443 973 1132 1379 50 2106 964 1051 642 68 1292 897 742 909 1312 471 1720 1069 1134 2548 1861 368 273 1654 2517 704 1008 2137 1545 661 46874 Majority against Repeal 1828 3923 1743 10076 1042 37827 1926 114 508 3806 861 112 52 303 237 2272 71912 Majority against repeal, 25,038. In his annual message at the opening of the Legislature of 1851, Governor Hunt thus adverted to the subject : "The operations of the act of 1849, estabKshing free schools, have not 79 produced all the beneficial effects, nor imparted the general satisfaction an- ticipated by the friends of the measure. It has been the policy of our State from an early period, to promote the cause of popular education by liberal and enlightened legislation. A munificent fund created by a series of mea- sures, all aiming at the same great result, has been dedicated by the Consti- tution to the support of common schools, and the annual dividend from this source will gradually increase. Tbe duty of the State to provide such means and facilities as will extend to all its children the blessings of education, and especially to confer upon the poor and unfortunate a participation in the ben- efits of our common schools, is a principle which has been fully recognized and long acted upon by the Legislature and the people. "The vote of 1849, in favor of the free school law, and the more recent vote by a reduced majority against its repeal, ought doubtless to be regarded as a re-affirmation of tliis important principle, but not of the provisions of the bill, leaving it incumbent upon the Legislature, in the exercise of a sound discretion, to make such enactments as will accomplish the general design, ■without injustice to any of our citizens. An essential change was made by the law under consideration, in imposing the entire burthen of the schools upon property, in the form of a tax, without reference to the direct benefits derived by the tax payer. The provisions of the act for carrying this plan into effect, have produced oppressive inequalities and loud com- plaints. " In some districts the discontent and strife attendant upon these evils, have disturbed the harmony of society. An earnest effort should be made to reconcile differences of opinion, to remedy the grievances arising from the imperfect operation of the law, and to equalize the weight of taxation by such principles of justice and equity as Avill ensure popular sanction. The success of our schools must depend, in a gi'eat degree, upon the united coun- sels and friendly co-operation of the people in each small community compo- sing a district, and nothing can be more injurious to the system of common school education than feuds and contentions among those who are responsible for its healthful action and preservation. " It cannot be doubted that all property, estates, whether large or small, will derive important advantages from the universal education of the peo- ♦ pie. A well considered system, which shall ensure to the children of all, the blessings of moral and intellectual culture, will plant foundations broao i;r.d deep, for public and private virtue ; and its effects will be seen in the dimi- nution of vice and crime, the more general practice of industry, scbriaty and integrity, conservative and enlightened legislation, and univer.'^al obedi- ence to the laws. In such acommmiity the rights of property are stable, and the contributions imposed on it are essentially lightened. But I entertain a firm conviction that the present law requires a tnorough revision, and that an entire change in the mode i.i assessment is indispensable." On the 7th of January, 1851. Mr. Morgan transmitted to the Legislature his third annual report as Superint -niieut, from which it appears thnt the whole number of districts in the State was 11,397 ; the number of children between five and sixteen, on the Slst of December, 1849, 735,188; and the number of children taught during the preceding year in the several common schools of the State, 794,500 — being an excess of 59,312 over the number between the ages of five and sixteen, and of 16,191 over the whole number previously taught. The entire expenditure for school purposes, during the year reported, was $1,766,668.24. The number of volumes in the several district libraries was about 1,500,000. The Superintendent again urged upon' the Legislature the importance of a more thorough and effici'-nt local super- vision, through the agency of a County or Assembly District Superintendent; alluded to the increased usefulness and flourisliing prospects of the Normal ch cols in which, in addition to the usual course of instruction, a limited number of Indian youlh had been received as pupils during the preceding year ; and concluded by strongly urging upon the attention of the legislature the expediency and necessity of such an amendment of the existing law, es- 80 lalolishing Free Schools througliout the State, as was demanded by an en^ lightened public sentiment. '• The history of the past year," he observes, " in reference to this great enterprise, has been one of mingled triumph and disaster, The principle incorporated in the ' Act for the estabhshment of Free Schools thi-oughout the State' has been again subjected to the test of public opinion. In their almost unanimous approval of that principle in the canvass of 1849, the electors very generally overlooked the speeifie details of the bill submitted to their sanction, confiding in the disposition of the Legislature to modify such of its features as might be practically objection- able. Serious obstacles to the successful operation of the law presented themselves almost upon the thi-eshold of its administration. The boards of supervisors in more than one-half of the counties of the State had adjourned their annual sessions before the act took effect, without making the appro- priations required by its provisions, leaving the several school districts to sustain a most unequal and oppressive burden of taxation for the support of their schools. " Inequalities in the valuations of taxable property contributed, in many localities, gi-eatly to aggi'avate this burden, and a spirit of opposition to the new law, inflamed by its determined opponents, manifested itself at the primary district meetings, and too often resulted in the entire rejection of the estimates prepared by the trustees, and the limitation of the term of school to the lowest possible period authorized by law. Appeals were as- siduously made to the cupidity of the heavy tax-payers — their interests sought to be arrayed against that of their less favored brethi-en, and against the "interests of their children ; their passions stimulated by the real inequal- ities as well as fancied injustice of the burdens imposed by the new law, were readily enlisted against every attempt to carry it into operation. Nu- merous petitions were sent to the Legislature, praying for its repeal, or for such amendments as might render it more generally acceptable. " It was obvious that the law was liable to just and serious objections, and it did not meet with that general approval which was necessary to ensure its success. Under these circumstances, the friends of the new system were among the first to concede the defects of the bill, and while urging the pres- ervation of the fundamental principle which it involved, were anxiously^ so- licitous so to modify the details of the measure, as to obviate all its obnoxious featm-es. At their suggestion and Avith their co-operation, bills were introdu- ced into both branches of the Legislature, providing for a general and equit- able system of State or county taxation, for the purpose of rendering the common schools free to all, dispensing with the necessity of a district assess- ment, out of which the principal embarrassment had originated. In the As- sembly, the measures thus proposed were approved by a large majority ; the Senate did not concur in the action of the House, but sent to the House a bill proposing a re-submission of the law to the people. At the close of the session, and when it became evident that no modification of the obnoxious law could be obtained, this bill received the assent of the House. " By the adoption of this measure, the friends of free schools found them- selves in a very embarassing position; they were compelled either to give their votes and influence in favor of the contmuance of a law, some of the distinc- tive feature of which were at variance both with their wishes and judgment, or, by sanctioning its repeal, hazard the principle which. had been deliberate- ly adopted by the Legislature, and approved by the emphatic expression of the public will. The issue thus presented could not fail of being greatly mis- apprehended. While the electors secured the renewed triumph of the prin- ciple involved, there can be no doubt that thousands of votes were cast for the repeal of the law, by citizens who desired only its amendment, and who would have recorded their suffrages in favor of a system of free-schools pro- perly guarded, had the form of the ballot permitted them to do so. " It remains then for the Legislature to give efficacy to this renewed ex- pression of the popular will, by the enactment of a law whichj shall definitive- ly engraft the free school principle upon our existing system of primary 81 education, and at the same time remove all just cause of complaint as to the inequality of taxation. District taxation has been found to be unjust, un- equal and oppressive. It should therefore at once be abandoned, so far as the ordinary support of the schools is concerned. The funds necessary for payment of teachers' wages, in addition to the amount received from the State Treasury, should be provided either by a State tax equitably levied on real and personal property according to a fixed and uniform valuation, by a county and town tax, levied and assessed in the same manner, or by such a combination of these three modes as might be deemed most expe- dient and judicious. " The common schools of the State should be declared free to every resi- dent of the respective districts, of the proper age to participate in their benefits ; and their support should be made a charge upon the whole pro- perty ,_ either of the state at large, or of the respective counties and towns in whieh they are situated. " The bill which passed the Assembly at its last session, provided for the levying of an annual tax of $800,000 on the real and personal property of the state according to the assessed valuation of such property, and for the distribution of the aggregate amount so to be raised, among the several coxmties and towns of the state, according to the nmnber of children, of proper school age, residing in each. This sum, together with the amount annually apportioned from the revenue of the common school fund, would, it Avas supjjosed, be sufficient for the support of the several schools of the state.during an average period of eight months in each year. The whole amount expended for teachers' wages, during the year 1849, was $1,322,- 696 24, to which is to be added an aggregate amount of $110,000 for library purposes, making in the whole $1,432,696 24. The superintendent, however, entertains no doubt that the amount proposed to be raised by the bill referred to, in conjunction with the State appropriation, the revenue for which is rapidly and steadily increasing, will be amply adequate to the payment of teachers' wages for the average length of time dm-ing which the schools have heretofore been taught, and to the annual and adequate replenishment of the libraries and necessary apparatus in the schools. " Under the present defectively administered system of assessment, how- ever, such a tax will operate very imequally in different sections of the State. The standard of valuation, both of real and personal property, varies, as is well known, in nearly every county of the State ; while in some it is estimated at its fair and market value, in others it is assessed at thi-ee- fourths, two-thirds and sometimes as low as one-half its actual value. If, therefore the existing standard of valuation is to be made the basis of the apportionment of the proposed tax, it is manifest that a very unjust and oppressive burden will be cast upon those counties where the assessment is in strict accordance with the provisions of law, for the benefit of those sections in which its requirements ai-e evaded by an arbitrary standard of valuation. " The distribution of money when raised, serves likewise to render this disproportion still more manifest, that being based upon the population ac- cording to the last preceding census of the respective counties." " Should the legislature deem it expedient to charge the annual support of the schools, over and above the revenue of the school fund, upon the taxable property of the State, and to retain the existing mode of distribu- tion, the necessity of devising some mode by which the standard of valua- tion should be as nearly as practicable imiform thoughout the state, will be apparent. If this can be accomplished, or if the distribution of the funds raised were directed to be made upon the same basis with the apportion- ment of the tax, there can be no doubt,in the judgment of the Superintendent, that a state tax for the support of our common schools will prove the simplest, most efficient and beneficial mode of providing for the object in view ; the establishment and mamtenance of a system of free school educa- tion, in accordance with the expressed wishes of the inhabitants of the State. 6 82 " If, ho-wever, this were found impracticable, the same result may be obtained by requiring the board of supervisors of each county of the State to raise twice the amount apportioned to the county, as a county tax, and levy an equal amount as a town tax, in the mode prescribed by the exist- ing law, which requires only an equal amount to be levied as a county and town tax respectively. This provision would simply increase the amount of school money now by law required to be raised, one third, while it would entirely dispense with district taxation, for the current support of the schools. Inequalities in the standard of valuation adopted by the respective counties, ■would in this case prove unjust and burdensome to none ; as the existing law has made complete provision for the adjustment of such inequalities in the case of joint districts formed from parts of two or more counties or towns. The whole amount of taxable property of ^each county would contribute in equal and fair proportions to the support of the schools located in its territory ; and the angry dissensions growing out of the necessity of dis- trict taxation, the fruitful source of nearly all the opposition which has been made to the existing law, wotild be averted. " In apportioning the public money, and the money raised by a county or State tax among the several school districts, the Superintendent is of opin- ion that some more effectual provision than now exists, should be made for the smaller and weaker districts, upon whom the burden of supporting a school for any considerable length of time during the year, is peculiarly oppressive. If a specified amount, say for instance fifty dollars, were re- quired to be apportioned to every duly organized district whose report for me preceding year shall be found in accordance with law, leaving the balance to be apportioned according to the number of children between the ages of four and twenty-one years residing in the district, the necessary encour- agement would be afforded to every district, however limited its means, or however sparse its population, while ample resources would be left for larger and more populous districts. The several districts being thus furnished with adequate funds for the maintenance of efficient schools during an average period of eight months in each year, the trustees should be peremp- torily required to expend the moneys thus placed at their disposal, in the employment of suitably qualified teachers for such a length of time as those means may justify. " Such an arrangement would, it is believed, prove almost universally ac- ceptable to the people of the State. The principle involved has repeatedly received the sanction of public sentiment. It is in accordance with the enlightened spirit of the age. It is the only system compatible with the genius and spirit of our republican institutions. It is not a novelty, now for the first time sought to be engrafted upon our legislation, but a princi- ple recognized and carried into practical operation in our sister State of Massachusetts from the earliest period of its colonial history — indentified with her greatness and prosperity, her influence and her wealth, and trans- planted from her soil to that of some of the younger States of the Union. " In each of our own cities, and in many of our larger villages, it has been established and successfully sustained by the general approval of their citizens, and wherever it has obtained a foothold it has never been abandon- ed. It is only requisite to adjust the details of the system equitably and fairly, to commend it to the approbation of every good citizen as the noblest palladium and most eff^ectual support of our free institutions. " The existing law has excited a degi'ee of opposition which was not an- ticipated, but it is believed that it has grown out of the defects of the law, rather than from any prevailing hostility to the principle of free schools. " No law can be successfully and prosperously administered under our government, which does not receive the general approval of the people. It is the earnest desire, therefore, of the Superintendent, that the present law should be so amended as to produce greater equality — to remove all reason- able ground of complaint, and to render om- great system of education more efficient and useful. 83 "Tlieideaof universal education is the grand central idea of the age. Upon this broad and comprehensive basis, all the experience of the past, all the crowding phenomena of the present, and all our hopes and aspirations for the future, must rest. Our forefathers have transmitted to us a noble in- heritance of national, intellectual, moral and religious freedom. They have confided our destiny as a people to our own hands. Upon our individual and combined intelligence, virtue and patriotism, rests the solution of the great problem of self-government. We should be untrue to ourselves, un- true to the cause of liberty, of civilization and humanity, if we neglected the assiduous cultivation of those means, by which alone we can secure the realization of the hopes we have excited. Those means are the universal education of our future citizens, without discrimination or distinction. Wherever in oui- midst a human being exists, with capacities and faculties to be developed, improved, cultivated and directed, the avenues of knowl- edge should be freely opened, and every facility afforded to their unrestrict- ed entrance. Ignorance should no more be countenanced than vice and crime. The one leads almost inevitably to the other. Banish ignorance, and in its stead introduce intelligence, science, knowledge and increasing wisdom and enlightenment, and you remove, in most cases, all those incen- tives to idleness, vice and crime, which now produce such a frightful har- vest of retribution, misery and wretchedness. Educate every child, ' to the top of his faculties,' and you not only secure the community against the depredations of the ignorant and the criminal, but you bestow upon it, in- stead, productive artisans, good citizens, upright jurors and magistrates, en- lightened statesmen, scientific discoverers and inventors, and the dispensers of a pervading influence in favor of honesty, virtue and true goodness. Educate every child physically, morally and intellectually, from the age of four to twenty-one, and many of your prisons, penitentiaries and alms-hous- es will be converted into schools of industry and temples of science, and the immense amount now contributed for their maintenance and support will be diverted into far more profitable channels. Educate every child — not superficially — not paitially — but thoroughly — develope equally and healthfully every faculty of his nature — every capability of his being — and you infuse a new and invigorating element into the very life blood of civili- zation — an element which will diffuse itself throughout every vein and arte- ry of the social and political system, purifying, strengthening and regenera- ting all its impulses, elevating its aspirations, and clothing it with a power equal to every demand upon its va.st energies and resources. " Tliese are some of the results which must follow in the train of a wisely matured and judiciously organized system of universal education. They are not imaginary, but sober inductions from well authenticated facts — de- liberate conclusions from established principles, sanctioned by the concur- rent testimony of experienced educators and eminent statesmen and phi- lanthropists. If names are needed to enforce th« lesson they teach, those of Washington, and Franklin, and Hamilton, and Jefferson and Clinton, with a long array of patriots and statesmen, may be cited. If facts are required to illustrate the connection between ignorance and crime, let the official re- turn of convictions in the several courts of the State for the last ten years be examined, and their instructive lessons be heeded. Out of nearly 28,000 persons convicted of crime, but 128 had enjoyed the benefits of a good com- mon school education ; 414 only had what the returning officers characterize as a ' tolerable' share of learning ; and of the residue, about one-half only could either read or write. Let similar statistics be gathered from the wretched inmates of our poor house establishments, and similar results would undoubtedly be developed. Is it not, therefore, incomparably better, as a mere prudential question of political economy, to provide ample means for the education of the whole community, and to bring those means within the reach of every child, than to impose a much larger tax for the protection of that community against the depredations of the ignorant, the idle and the vicious, and for the support of the imbecile, the thoughtless and intem- perate ? 84 " Every consideration connected with the present and future welfare of the community — every dictate of an enlightened humanity — every impulse of an enlarged and comprehensive spirit of philanthropy, combine in favor of this gi-eat principle. Public sentiment has declared in its favor. The new States which, within the past few years, have been added to the Con- federacy, have adopted it as the basis of their system of public instruction; and the older States, as one by one they are reconstructing their fundamen- tal laws and constitutions, are engrafting the same principle upon their in- stitutions. Shall 'New York, in this noble enterprise of education, retrace her steps ? Shall she disappoint the high hopes and expectations she has excited, by receding from the advanced position she now occupies in the van of educational improvement ? Her past career, in all those elements which go to make up the essential wealth and greatness of a people, has been one of progress and uninterrupted expansion. Her far-seeing legislators and statesmen, uninfluenced by the skepticism of the timid, the ignorant and the faithless, and unawed by the denunciations of the hostile, prosecuted that great work of internal improvement which will forever illustrate the pride and glory of her political history. The rich results of the .experiment thus boldly ventm-ed upon have vindicated their wisdom. Is the develop- ment of the intellectual and moral resoui'ces of her millions of futm-e citi- zens an object of less interest, demanding a less devoted consecration of the energies of her people, and worthy of a less fu-m and uncompromising per- severance ? " Disregarding the feelings of the present hour, and looking only to the future, will the consciousness of having laid the foundation for the universal education of our people be a less pleasing subject of contemplation than that of having aided in replenishing the coffers of their wealth ? " In conclusion, the Superintendent cannot feel that he has fully met the responsibility devolved upon him by his official relations to the schools of the State, were he to fail in again urging upon the Legislatm'e the definite adoption of this beneficent measure. Let its details be so adjusted as to bear equally upon all, oppressively upon none. Let every discordant ele- ment of strife and passion be removed from the councils of the districts, let the necessary assessment for the great object in view be diffused over the vast aggregate of the wealth and property of the State. Then let teachers, worthy of the name, teachers intellectually and morally qualified for the discharge of their high and responsible duties, dispense the benefits and riches of education, equally and impartially, to the eight hundred thousand children who annually congi-egate within the district school room. " The childi-en of the rich and the poor, the high and the low, the native and the foreigner, will then participate alike in the inexhaustible treasures of intellect, they will commence their career upon a footing of equality, un- der the fostering guardianship of the State, and will gradually ripen into enlightened and useful citizens, prepared for all the varied duties of life, and for the full enjoyment of all the blessings incident to humanity." Numerous petitions were forwarded to the legislature from different sec- tions of the state, for the repeal or amendment of the act of 1849. On the 6th day of Februaiy, Mr. T. H. Benedict, of Westchester, from the majority of the Assembly committee on colleges, academies and common schools, pre- sented an elaborate and able report, accompanied by a biU " to establish Free Schools throughout the State." This bill declared common schools free to every child between the ages of five and twenty -one years ; directed the levying of an annual state tax of $800,000 for their support, in addition to the funds already provided by the constitution ; and provided for any balance that might be necessary for the payment of teachers' wages by a poll tax to be levied by the trustees on the inhabitants of the respective districts. Mr. Burroughs, of Orleans from the minority of the committee, reported a bill entitled " An act in relation to Common Schools," directing the sum of $800,000 to be annually levied by a state tax, one-fom-th of the avails of which together with one-fom-th of aU other monies applicable "85 to tlie support of common schools was directed to be equally divided among the several school districts, and the residue to be apportioned according to the number of children residing in each between the ages of five and twenty- one ; and any balance requisite to be raised by rate bill. After a protracted discussion of several weeks the bill entitled " An act TO ESTABLISH Free Schools THROUGHOUT THE State," was passcd by a vote of '72 to 21. By this act the several common schools of the state was de- clared free to all persons residing in the several districts over five and under twenty-one years of age, as thereinafter provided ; an annual state tax of $800,000 was directed to be levied for their support, one-third of which and of all other monies applicahle to the support of common schools, was directed to be equally divided among the several districts, and the residue to be apportioned according to the number of children between the ages of five and twenty-one ; and any balance required for the payment of teach- ers' wages, to be provided for by a rate-bill, exempting all indigent persons. All property exempt by law from levy and sale on execution was declared to be exempt from the operation of the collectors warrant, on such rate bills. On the 10th of April, this bill passed the Senate without amend- ment, by a vote of 22 to 4, and on the 12th of April, was signed by the Governor and became a law. Among those who by then* exertions and influence, contributed materially to the final establishment and recognition of the Free- School principle, and its incorporation as a fundamental portion of om- Common School System, we may be permitted without disparagement to others less pi'ominently connected with this important movement, to enumerate Governors Seward and Hunt, Superintendents Young, Benton and Morgan, James W. Beekman, Horace Greeley and Henry J. Raymond of New York; Thomas Leggett, Jr. of Queens ; Hon. Franklin Tuthill of Suffolk, A. W. Leggett, Caleb Roscoe and Theodore H. Benedict of Westchester : Alexander G. Johnson, Henry B. Haswell, John 0. Cole, Franklin Townsend, John V. L. Pruyn, Brad- ford R. Wood, Rev. Henry Mandeville, Friend Humphrey, J. N. T. Tucker, J. W. BuLKLEY and William F. Phelps of Albany, Gen. John E. Wool, Prof. Baerman and George M. Tibbitts of Rensselaer ; John Bowdish of Mont- gomery ; Halsey R. Wing of Warren ; William L. Crandall, editor of the Free School Clarion; Harvey Baldwin, Charles B. Sedgwick, Rev. Samuel J. May, E. W. Curtis, Benjamin Cowles, and the members of the Teachers Association of Onondaga ; O. B. Pierce, of Oneida ; Dr. John Miller, Samuel B. Woolworth and Lewis Kingsley of Cortland ; Alanson Holley of Wy- oming ; Gen. W. S. Hubbell and David McMaster of Steuben ; Caleb Lyon of Lewis ; Dr. H. D. Didama of Seneca; Salem Town of Cayuga ; Jabez D. Hammond of Otsego ; President Nott of Union College ; 0. G. Steele and Messrs Starr & Rice of Erie ; Silas M. Buroughs of Orleans ; 0. Archer of Wayne and Charles R. Coburn of Tioga. There were numerous other active and influential friends of education, in different sections of the state, whose services and exertions in behalf of this gi"eat measure, are none the less appreciated, although the limited space at our disposal does not permit us to give their names in this connection. GENERAL OUTLINES OF THE SYSTEM. The entire territory of the state, comprising, exclusively of the waters of the great lakes, an area of 45,658 square miles has been subdivided into about eleven thousand and four hundred school distiiets, averaging some- what more than four square miles each — seldom, in the rural districts, vary- ing materially from this average — and bringing the remotest inhabitants of the respective districts within a little more than one mile of the school house. Common schools in the several districts of the state are free to all resi- dents of the districts between the ages of four and twenty -one years, and non- residents of the district may be admitted into the school of any district with the written consent of the trustees. Every male person of the age of twenty-one years and upwards, residing in any school district, (including aliens entitled by law to hold real estate) who owns or hires real property in such district subject to taxation for school puposes, or who is a legal voter at town meetings, and is the owner of personal property liable to taxation in the district for school purposes, exceeding fifty dollars in value, beyond such as is exempt from execution, is entitled to vote at any school district meeting held in such disti'ict. An annual meeting of the inhabitants of each district entitled to vote therein, is to be held, after the first organization of the district, at the time and place designated at the first and at each subsequent meeting ; and special meetings are to be held whenever called by the trustees. When legally assembled in any district meeting, the inhabitants of each district, so entitled to vote, are authorized by a majority of the votes of those present, either by ballot or otherwise as they may determine, to choose three trustees, a disti'ict clerk, collector, and librarian. The trustees chosen at the first legal meeting of the district, are to be divided by lot into three . classes, and the term of office of the first is to be one year ; of the second, two, and of the third, three years ; and one trustee, only is thereafter an- nually to be elected, who holds his office for three years. The clerk, collec- tor and librararian are annually elected. In the event of a vacancy happening in the office of trustee, by death, refusal to serve, removal out of the district, or incapacity to act, such vacancy may be supplied by the district, and if more than a month is permitted to elapse, without filling it, the town Superintendent is authorized to appoint ; and the person so chosen or appointed holds only for the unexpired term of the office whose place he fills. A similar vacancy in the offices of clerk, collector, or librarian, is to be supplied by appointment of the trustees or a majority of them. The town Superintendent, on good cause shown, is authorized to accept the resigna- tion of any district officer. The inhabitants of the several districts, in district meeting assembled are also authorized to designate a site for a schoolhouse,or(with the consent of the town superintendent)for two or more school houses for the district,and to vote such an amount as they may deem sufficient to purchase or lease such a site or sites and to build hire or purchase a school house or houses, keep the same in suitable repair,and furnish them Avith the necessary fuel and appendages ; and may, in their discretion vote a tax not exceeding twenty dollai"s in any one year for the purchase of maps, globes, black-boards and other school apparatus. No tax, however, for building, hiring or purchasing a school house can exceed the sum of $400, unless the town Superintendent of the town in which such house is to be situated, shall certify that a larger sum, specifying the same, ought to be raised ; and when the site for the school house has once been fixed, it cannot be change, while the district remains unaltered, but by the written consent of the town Superintendent, and by the vote ayes and noes of a majority of the inhabitants of the district, at a special meeting called for that purpose. In this case the inhabitants may direct the sale of the former site or lot, together with the buildings and ap- pertenances on such terms as they may deem most advantageous to the district, and the trustees, or a majority of them are empowered to effect such sale and to execute the necessary conveyances. The proceeds are to be applied to the purchase of a new site, and to the removal, erection or pui-chase of new houses. The general administration of the affairs of the several districts, devolves principally upon the trustees, who have the custody of all the district prop- erty ; contract with, employ and pay the teachers ; assess all district taxes, following the valuations of the town assessor, so far as they afford a guide, and make out the necessary tax lists and warrants for their collection ; call the annual and special meetings of the inhabitants ; purchase or lease sites for the school house, as previously designated by the district, and build, hire or purchase, keep in repair and fm-nish such school house with necessary fuel and appendages, out of the funds provided by the district for that purpose ; 87 purchase suitable books for the district library, which is specially committed to their care, aad procure all such school apparatus as the district may di- rect ; and on the first of January in each year make their report of the condition of the district, in the form prescribed by law, to the Town Super- intendent. The productive capital of the Common School Fund is at this time, $2,243,563 86 The capital of that portion of the U. S. Depoeite Fund, the interest of which is annually appropriated to the support of Common Schools, is .. 2,'750,00O 00 To which may be added a sum that will annually produce an income of $25,000, reserved by the constitution to be added to the capital of the school fund, viz : 416,666 67 Making an aggregate of $5,400,230 03 The annual interest on this sum, at 6 per cent., is $324,000.00 ; of which $300,000 is annually appropriated to the support of Common Schools, inclu- ding $55,000 for the purchase of District Libraries and school appar- atus. The sum of eight hundred thousand dollars is annually required to be levied on the real and personal property of the State, and when collected to be paid over to the several County Treasurers, subject to the order of the State Supermtendent of Common Schools, who is to ascertain the propor- tion of such sum to be assessed and collected in each county, according to the valuation of real and personal estate therein, and to certify the same to the several County Clerks, to be laid before the boards of Supervisors, whose duty it is to levy such amount upon the County. On or before the first day of January in each year, the State Superintendent is required to apportion two-thirds of the amount so raised, together with all other monies appro- priated to the support of Common Schools among the several counties, cities and towns of the State, according to the population of such counties, cities and towns, and to divide the remaining third equally among the several districts. Under these provisions, the aggregate amount of public money annually apportioned by the State Superintendent, and raised upon the taxable prop- erty of the several counties, is $1,100,000.00 ; of which, $1,045,000 is appli- cable exclusively to the payment of teachers' wages, and the support of the school, and the remaining $55,000 to the pmxhase of school libraries and apparatus. In addition to this, the inhabitants of each town of the State are author- ized to raise an additional amouirt, equal to their share of the state fund, to be appropriated exclusively to the support of schools ; and many of the towns are in possession of local funds applicable to this object, derived from the sale of lands originally set apart in each township, by the State, for this purpose. Town superintendents are biennially elected by the inhabitants and legal voters of the several towns, at their annual meetings in March and April of each alternate year, and enter upon the execution of the duties devolved upon them, on the first Monday of November succeeding their election, holding for the term of two years thereafter. They are required to execute to the supervisor of their town a bond with sufiicient sm-eties, with a penalty in double the amount of all the school money received by the town, condi- tioned for the faithful application and legal disbursement of all the school money which may come into their hand dui'ing their term of ofiice, and for the faithful discharge of all their duties. They are authorized to form, regulate and alter the boundaries of school districts, when applied to for that purpose, or when in their judgment necessary and expedient, associat- ing with them the supervisor and town clerk of their town, whenever re- quested by the trustees of any district interested in any proposed alteration; 88 and it is their duty to apply for and receive from the county treasurer and town collector re8pectively,all school money apportioned or belonging to their town ; and on or before the first Tuesday in April of each year to apportion the same among the several districts of their town, according to the number of children between the ages of four and twenty-one, residing m each, as reported to them by the trustees, provided such districts have in all respects complied with the directions of law during the preceding year, and made the annual report required of them. No district, without the special permission of the state superintendent ca,a participate in such apportionment, which has not had a school taught ■within it for at least six months during the year reported, by a duly quali- fied teacher ; which has not faithfully expended all its public money in the mode prescribed by law ; or in which a school has been taught for a period exceeding one month by an unqualified teacher. In making such apportionment, the town Superintendents designate the respective sums applicable to the payment of teachers, and to the purchase of libraries and school apparatus ; and hold the former subject to the order of the trustees, or of a majority of them, in favor of the teachers em- ployed by them and duly qualified according to law ; paying over the library money directly to the trustees. They are also to examine candidates for teachers and to grant certificates of qualification, which are valid for one year only, and may at any time be annulled by them, on notice to the teach- er holding such certificate ; and to visit and inspect the several schools of their town at least twice in each year, and oftener if they deem it neces- sary. On the first day of July of each year, they are to make and file with the county clerk, a report in the form prescribed by the State Superinten- dent and containing such information in reference to the condition of the schools in then- town, as he may from time to time direct. At the expira- tion of their term of office they are to account to their successors for all the school moneys received and disbursed by them, and to pay over any balance remaining in their hands. For their services they are entitled to receive $1,25 per day for every day actually devoted by them to the discharge of theii- official duties. At the seat of government, the State Formal School semi-annually receives under its instruction from two hundred to two hundred and fifty pupils of both sexes, selected by the Board of Town Superintendents of the respective counties, each county being entitled to two pupils for each mernber of Assembly. After spending from two to three years in the institution, the graduates return to their respective counties, and enter upon the active discharge of their duties as teachers ; communicating, as often as may be practicable, through the agency of the Teachers Institutes, in the spring and fall of each year, a general knowledge of the modes of teaching, government and discipline attained by them in the ISTormal School. These Institutes, under the supervision and general direction of the most experienced guides, enable every teacher to acquaint himself practically and familiarly with the duties devolving upon him, and secm-e to each one of the eleven thousand districts of our State, a faithful and efficient teacher. At the head of the whole system — controlling, regulating, and giving life and efficiency to all its pai-ts is the state Superintendent. He apportions the state tax of $800,000, and the public money among the several counties and towns, — distributes the laws, instructions, decisions, forms &c., through the agency of the town Superintendents to the several districts —has final jurisdiction on appeal, from all the acts and proceedings of the inhabitants of the several districts and their officers, as well as of Town Superintendents, keeps up a constant correspondence with the several officers connected with the administration of the system in all its parts, as well as with the inhabitants of districts seeking aid, counsel or advice; exercises a liberal discretionary power, on equitable principles, in all cases of inadvertent, unintentional, or accidental omissions to comply with the strict requisitions of the law ; grants state certificates of qualification to 89 such teachers as he deems worthy : reports annually to the legislature respecting the condition, prospects and resources of the Common Schools, and the management of the School fund, together with such suggestions for the iniprovemeut of the system as may occur to him ; and vigilantly watches over, encourages, sustains, and expands to its utmost practicable limit, the vast system of common school education throughout the state. Such is a condensed view of our present system of Common School Education ; — a system elaborated and matured to its present state, by the exertions of the highest minds among us, during a period of forty years ; a system comprehending the best and dearest interests present and prospect- ive of an enlightened and free people — full of promise for the future, and containing within itself, the germs of the most extended individual, social and national prosperity ; a system identified with the highest hopes and interests of all classes of the community, and from which are destined to flow those streams of intelligence and of public and private virtue which alone can enable us worthily to fulfil the noble destinies involved in our free institutions. But in this country, no systems, however perfect, no enactments, however enlightened, and no authority, however constituted, can attain to the full accomplishment of their object, however praiseworthy and laudable, without the hearty and efficient co-operation of public sentiment. Aided by this co-operation, the most important results may be anticipated from the most simple organization. The repeated and solemn recognition by the represen- tatives of the people, of the interests of popular education and public instruction ; the nearly unanimous adoption of a system, commended to the public favor as well by practical experience, as by the concurring testimony of the most enlightened minds of our own and other countries ; and the simplification of much of the complicated machinery which served only to encumber and impede the operation of that system ; these indications afford the most conclusive evidence not only of the importance which the great mass of our fellow citizens attach to the promotion of sound intellectual and moral instruction, but of their determination to place our common schools, where this instruction is chiefly dispensed to the children of the state, upon a footing which shall enable them most effectually to accomplish the great objects of their institution. It is upon the extent and permanency of this feeling, that the friends of education rely ; and this spirit to which they appeal, in looking forward to the just appreciation and judicious improvement of those means of moral and mental enlightenment which the beneficent policy of the state has placed at the disposal of the inhabitants of the several districts. The renovation of om" common schools, distributed as they are, over every section of our entire territory, their elevatioif and expansion to meet the constantly increasing requirements of science and mental progress, and their capability of laying broad and deep the foundations of character and usefulness, must depend upon the intelligent and fostering culture which they shall receive at the hands of those to whose immediate charge they are committed. There is no institution within the range of civilization, upon which so much, for good or for evil depends — upon which hang so many and such important issues to the future well being of individuals and communities, as the common district school. It is through that alembic that the lessons of the nursery and the family fire-side, the earliest instructions in pure morality, and the precepts and examples of the social circle are distilled ; and from it those lessons are destined to assume that tinge and hue which are perma- nently to be incorporated into the character and the life. Is it too much then, to ask or to expect of parents, that laying aside all minor considera- tions, abandoning all controversies and dissentions among themselves in reference to local, partisan and purely selfish objects, or postponing them at least, until the interests of their children are placed beyond the influence of these irritating topics, they will consecrate their undivided energies to the advancement and improvement of these beneficent institutions. Resting as 90 it does upon their support, indebted to them for all its means of usefulness, and dependent for its continued existence upon their discriminating favor and efficient sanction, the practical superiority of the existing system of public instruction, its comprehensiveness and simplicity — its abundant and unfailing resources — and its adaptation to the educational wants of every class of community, will prove of little avail without the invigorating influences of a sound and enlightened public sentiment, emanating from, and pervading the entire social system. The district school must become the central interest of the citizen and the parent, the clergyman, the lawyer, the physician, the merchant, the manufactm-er and the agriculturist. Each must realise that there, under more or less favoring auspices, as they them- selves shall determine, developments are in progi-ess which are destined, at no distant day to exert a controlling influence over the institutions, habits, modes of thought and action of society in all its complicated phases ; and that the primary responsibility for the results which may be thus worked out, for good or for evil, rests with them. By the removal of every obstacle to the progressive and harmonious action of the system of popular education, so carefully organized and amply endowed by the state, by a constant, and methodical and intelligent co-operation with its authorized agents, in the elevation and advancement of that system in all its parts, and especially by an infusion into its entire course of discipline and instruction of that high moral culture which can alone adequately realize the idea of sound educa- tion, results of inconceivable magnitude and importance to individual, social, and moral well being may confidently be anticipated. These results can only be attained by an enlightened appreciation and judicious cultivation of the means of elementary instruction. They demand and will amply repay the consecration of the highest intellectual and moral energies, the most compre- hensive benevolence, and the best affections of our common nature. 91 COMPARATIVE STATEMENT Of the condition of the Common Schools, from 1815, the period of the first Statistical Report, to 1850. May 1,1815 " 1816 « 1817 " 1818 « 1819 Jan. 1,1820 « 1821 " 1822 « 1823 " 1824 « 1825 " 1826 " 1827 1828 " 1829 " 1830 " 1831 " 1832 « 1833 " 1834 " 1835 " 1836 " 1837 " 1838 " 1839 " 1840 « 1841 " 1842 " 1843 •' 1844 * 1845 " 1846 " 1847 « 1848 " 1849 " 1850 2,755 3,713 3,264 4,614 5,763 6,332 6,659 7,051 7,382 7,642 7,773 8,114 8,298 8,609 8,872 9,063 9,339 9,600 9,690 9,865 10,132 10,207 10,345 10,583 10,706 10,769 10,886 10,893 10,875 10,990 11,018 11,008 11,052 10,621 11,191 11,397 2,631 2,873 3,228 3,844 5,118 5,489 5,882 6,255 6,705 6,876 7,117 7,550 7,806 8,164 8,292 8,631 8,841 8,941 9,107 9,392 9,676 9,696 9,718 9,830 10,127 10,397 10,588 QJ ^ ?^ " 6D.9 140,106 170,385 183,253 210,316 271,877 304,559 332,979 351,173 377,034 402,940 425,566 431,601 441,856 468,205 480,041 499,424 507,105 494,595 512,475 531,240 541,401 532,167 224,188 528,913 557,229 572,995 603,583 10,645 598,749 10,6561667,782 10,357 709,156 10,812 736,045 10,796 742,423 10,859 748,387 10,4941475,723 10,9281778,309 11,1731794,506 176,449 198,440 218,969 235,871 302,703 317,633 339,258 357,029 373,208 383,500 395,586 411,256 419,216 449,113 468,257 497,503 509,967 508,878 522,618 534,002 540,285 538,398 536,882 539,747 564,790 592,564 583,347 601,765 677,995 696,548 690,914 703,399 700,443 718,123 739,655 735,188 $48,376 46,398 54,799 59,933 59,968 59,930 79,957 80,104 80,000 80,000 80,000 80,000 80,000 100,000 100,000 1 100,000j 100,000 1 100,000 100,080 100,080 100,080 100,000 100,000 110,000 113,793 *275,000 *275,000 *285,000 *275,000 275,000 275,000 275,000 275,000 275,826 284,902 285,000 $55,720 98 64,834 88 73,235 42 93,010 54 117,151 07 146,418 08 157,195 04 173,420 60 180,820 25 182,741 61 182,790 09 185,720 46 222,995 77 232,343 21 [214,840 14 238,640 36 1244,998 85 305,582 78 307,733 08 316,153 93 312,181 20 313,376 91 335,895 10 335,882 92 374,411 61 633,685 94 658,954 70 676,086 07 660,727 41 639,606 60 725,066 19 772,578 02 829,802 83 858,594 84 846,710 45| 767,389 20| 2 Oh9 5297,048 44 346,807 20 374,001 54 358,320 17 369,696 36 398,137 04 419,878 69 425,560 86 436,346 46 477,848 27 521,477 49 476,443 27 483,479 54 468,688 22 509,376 97 447,565 97 458,127 78 460,764 78 462,840 44 466,674 44 489,696 63 508,724 5e *Inclu•] Every town superintendent elected after this act takes effect shall on executing the bond as before provided, enter upon the duties of his said office on the first Monday of November succeeding his election, and shall hold his office for two years there- after, and until a successor who shall have been duly elected, shall have taken the oath of office and filed an official bond pursuant to the provisions of this act. No. 29 — [§14,] Any person appointed to the office of town su- perintendent by the justices of the peace, shall hold his office till the first Monday of November following the next annual town meeting, and whenever the office of town superintendent shall be vacant for any cause, or before the time of the annual town meet- ing, shall be held by a person so appointed, the electors of the town at such town meeting shall choose a town superintendent to fijl such vacancy or to supercede such appointee; and the person 80 elected shall enter upon the duties of the office on the first Monday of November following his election, and shall hold his office for the term of two years. 2 No. 30 — [§6.] No town superintendent of a town shall hold the office of trustee of a school district, nor shall a person chosen % (2) Laws of 1849, Chap. 382, §14. W3 trustee, hold the oflSfee of district clerk, and no town superintend- ent shall hold the office of either supervisor or town clerk. JVo. 31 — [§!•] The offiice of trustees of the Gospel and school lots in the several towns in this state, is hereby abolished ; and the powers and duties now by law conferred and imposed upon said trustees, shall hereafter be exercised by the town superintendent of common schools.' ARTICLE THIED. The powers and duties of the town superintendent of common schools. No. 33 — § 8. It shall be the duty of the town superintendent of common schools in each town, 1. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter pro- vided : 2. To set off by itself any neighborhood in the town adjoining to any other state of this Union, where it has been usual or shall be found convenient for such neighborhood to send their children to school in such adjoining state : 3. To describe and number the school districts, and to deliver the description and numbers thereof, in writing, to the town clerk, immediately after the formation or alteration thereof: 4. To deliver to such town clerk a description of each neighbor- hood, adjoining to any other state, setoff by itself: 5. To apply for and receive from the county treasurer all mon- eys apportioned for the use of common schools in his town : 6. To apportion the school moneys received on the first Tuesday of April, in each year, among the several school districts, parts of districts and neighborhoods separately set off, within the town, in proportion to the number of children residing in each, over the age of four and under that of twenty -one years, as the same shall have appeared from the last annual report of their respective trus- tees. 7. If the town superintendent shall have received the school moneys of the town, and all the reports from the several school districts therein, before the first Tuesday of April, he shall appor- tion such moneys as above directed, within ten days after receiving all of the said reports and the said moneys : 8. To sue for and collect, by his name of office, all penalties and forfeitures imposed in this title, and in respect to which no other provision is made, which shall be incurred by any officer or inhabitant of his town, and after deducting his costs and expenses, to add the sums recovered to the school moneys received by him, to be apportioned and paid in the same manner. JVb. 34 — § 9. In making the apportionment of moneys among (1) Laws of 1846, Chap. 86, §1. 103 t^e several school districts, no share shall be allotted to any district, part of a district or separate neighborhood, from which no sufficient annual report shall have been received for the year ending on the last day of December immediately preceding the apportionment. No. 35 — [§10.] In making the apportionment of public money, it shall be duty of the town superintendent to designate the respec- tive proportions of teachers' and library money belonging to each district, and to pay over as much as is designated teachers' money, on the written order of a majority of the trustees of each district, to the teachers entitled to receive the same. iVb. 36 — [§11.] No moneys shall be apportioned and paid to any district or part of a district, except by special permission of the state superintendent of common schools, unless it shall appear by such report that a school had been kept therein for at least six months during the year ending at the date of such report, by a qualified teacher;' that no other than n duly qualified teacher had at any time during the year for more than one month been em- ployed to teach the school in said district ; and that all moneys re- ceived during that year have been applied to the payment of the compensation of such teacher ; and no portion of the library monej shall be apportioned or paid to any district or part of a district, un- less it shall appear from the last annual report of the trustees that the library money received at the last preceding apportionment was duly expended according to law, on or before the first day of October subsequent to such apportionment. No. 37 — [§11.] Every teacher shall be deemed a qualified teacher who shall hold a certificate dated within one year from the superintendent of common schools for the town in which such teacher shall be employed, or who shall have in possession a state or county certificate of qualification or a diploma from the state nor- mal school.2 No. 38 — [§ 13.1 No part of such moneys shall be apportioned or paid to any separate neighborhood adjoining another state, un- less it shall appear from the report of its trustees that all moneys received by them during the year ending at the date of such report have been faithfully applied, in paying for the instruction of chil- dren residing in such neighborhood. No. 39 — [§ 14.] Whenever an apportionment of the public money shall not be made to any ichool district, in consequence of any accidental omission to make any report required by law, or t© comply with any other provision of law, or any regulation, the state superintendent may direct an apportionment to be made to such district, according to the equitable circumstances of the case, to be paid out of the public money on hand ; or if the same shall have been distributed, out of the public money to be received in a suc- ceeding year. No. 40— [§ 15,] If after the time when the annual reports are required to be dated, and before the apportionment of the school (1) Laws of 1851, chap. 151, § 5. (2) Laws of 1849, chap. 382, § 11. 104 moneys shall have been made, a district shall be duly altered, or a new district be formed in the town, so as to render an apportion- ment founded solely on the annual reports, unjust, as between two or more districts of the town, the town superintendent shall make an apportionment among such districts, according to the number of children in each, over the age of four, and under twenty-one years, ascertaining that number by the best evidence in his power. JVb. 41 — [§ 16.] The provisions of the foregoing section shall extend to all cases where a school district shall have been formed at such time previous to the first day of January, as not to have al- lowed a reasonable time to have kept a school therein for the term of six months, such district having been formed out of a district or districts in which a school shall have been kept for six mouths by a teacher duly qualified, during the year preceding tlie first day of January. jVo. 42 — [§ 17.] All moneys apportioned by the town super- intendent, to the trustees of a district, part of a district, or separate neighborhood, which shall have remained in the hands of the town superintendent for one year after such apportionment, by reason of the trustees neglecting or refusing to receive the same, shall be ad- ded to the moneys next thereafter to be apportioned by the town superintendent, and shall be Apportioned and paid therewith in the same manner. iVb. 43 — [§ 18.] In case any school moneys received by the town superintendent cannot be apportioned by him, for the term of two years, after the same are received, by reason of the non-com- pliance of all the school districts in his town with the provisions of this title, such moneys shall be returned by him to the county treas- urer, to be by him apportioned and distributed, together and in the same manner with the moneys next thereafter to be received by him for the use of common schools. iV^b. 44 — [§ 19.] It shall be the duty of the town superintend- ent in each town, between the first day of July and the first day of August in each year, to make and transmit to the county clerk a report in writing, bearing date on the first day of July, in the year of its transmission, and stating, 1. The whole number of school districts and neighborhoods sep- arately set off within the town : 2. The districts, parts of districts and neighborhoods from which reports shall have been made to him, or his immediate predecessor in office, within the time limited for that purpose : 3. The length of time a school shall have been kept in each of guch districts or parts of districts, distinguishing what portion of that time the school shall have been kept by qualified teachers : 4. The amount of public moneys received in each of such dis- tricts, parts of districts and neighborhoods : 5. The number of children taught in each, and the number of children over the age of four and under twenty-one years, residing; m each : 105 6. The whole amount of moneys received by him, or his prede- cessor in office, during the year ending at the date of such report, and since the date of the last preceding report ; distinguishing the amount received from the county treasurer, and Irom any other and what source : 7. The manner in which such moneys have been expended, and whether any, and what part remains unexpended, and for what cause : 8. The amount of money paid for teachers' wages, in addition to the public money paid therefor, the amount of taxes levied for pur- chasing school-house sites, for building, hii'ing, purchasing, repair- ing and insuring school-houses, for fuel and supplying deficiencies in rate bills, for district libraries, or for any other purposes allowed by law, in the districts, parts of districts and neighborhoods from which reports shall have been received by him or his immediate predecessor in office, with such other information as the state sup- erintendent may from time to time require, in relation to the dis- tricts and schools within his town. No. 45 — [§ 20.] Town superintendents who neglect to furnish the information required by the last preceding section, shall sever- ally forfeit to the town for the use of the commom schools therein, the sum of ten dollars, to be sued for by the supervisor of the town. No. 46 — [§ 21.] In case the town superintendent in any town shall not, on or before the first day of August, in any year, make such report to the clerk of the county, it shall be his duty to give immediate notice of such neglect to the clerk of such town. No. 47 — [§ 22.] The town superintendent neglecting to make s«ch report within the limited period, shall forfeit to the town, for the use of the common schools therein, the sum of ten dollars ; and the share of school moneys apportioned to such town for the ensu- ing year, may, in the discretion of the state superintendent be with- held, and be distributed among the other towns in the same county, from which the necessary reports shall have been received. No. 48 — [§ 23.] When the share of school moneys apportion- ed to a town, shall thus be lost to the town, by the neglect of its town superintendent, the town superintendent guilty of such neg- lect, and his sureties shall be liable for the full amount so lost with interest. No. 49 — [§ 24.] It shall be the duty of the supervisor of the town, upon notice of such loss, from the state superintendent or county treasurer, to prosecute without delay, in the name of the town, for such forfeiture ; and the moneys recovered shall be dis- tributed and paid by such supervisor to the several districts, parts of districts, or separate neighborhoods of the town, in the same manner as it would have been the duty of the town superintendent to have distributed and paid them, if received from the county treasurer. No. 50 — [§ 25.] The town superintendent in each town, shall keep a just and true account of all school moneys received and 10() expended by him during each year for which he shall have been chosen, and shall lay the same before the board of auditors of town accounts at the annual meeting of such board, in each year. No. 51 — [§26.] The town superintendent of common schools in each town shall, within fifteen days after the termination of his office, render to his successor in office, a just and true account, in writing, of all school moneys by him received, before the time of rendering such account, and of the manner in which the same shall have been appropriated and expended by him ; and the account- so rendered shall be delivered by such successor in office to the town clerk, to be filed and recorded in his office. No. 52 — [§ 27.] On rendering such account, if any balance shall be found remaining in the hands of the town superintendent, the same shall immediately be paid by him to his successor in office. ]^o. 53 — [§ 28.] If such balance, or any part thereof, shall have been appropriated by the town superintendent to any parti- cular school district, part of a district or separate neighborhood, and shall remain in his hands for the use thereof, a statement of such appropriation shall be made in the account so to be rendered, and the balance paid to such successor in office, shall be paid over by him, according to such appropriation. iVo. 54 — [§ 29.] Such successor in office may bring a suit in his name of office for the recovery, with interest, of any unpaid bal- ance of school moneys, that shall appear to have been in the hands of any previous town superintendent on leaving his office, either by the accounts rendered by such town superintendent, or by other sufficient proof, and in case of the death of such town superintend^ ent, such suit may be brought against his representatives. iSfo. 55 — [§ 30.] The town superintendent in each town, shall have the powers and privileges of a corporation, so far as to ena- ble him to take and hold any property transferred to him, for the use common schools in such town. ]^o. 56 — [§ 10.] Town superintendents are hereby authorised to administer oaths in all cases relating to school district affairs and controversies, but shall not be entitled to charge any fees there- for. > JVo, 57 — [g 31,] The town superintendent shall be entitled to receive one dollar and twenty-five cents per day for every day actually and necessarily devoted by him in his official capacity, to the service of the town for which he may be chosen, the same to be paid iu like manner as other town officers are paid. Of the duty of Town Olerks. 2^0. 58— [§ 32.] It shall be the duty of the Town Clerk of each town, 1. To receive and keep all reports made to the town superin- tendent from the trustees of school districts, and all the books anp (1) Laws of 1849, chap. 882, § 10. 107 papers belonging to the town superintendent, when required, and to file them in his office : ■>! 2. To receive all his estimates and apportionments of school money, and to record the same in a book to be kept for thai pur- pose : 3. To notify the town superintendent, upon receiving notice from the county clerk that he has not made his annual report, for the purpose of making such report. ARTICLE FOURTH. Of Inspection and Supervision hy Town Superintendents. No. 59 — [§ 33.] The town superintendent in each town shall be the inspector of common schools therein, and every town super- intendent, during his continuance in office, shall be deemed a qual- ified teacher.^ No. 60 — [§ 34.] It shall be his duty to examine all persons offering themselves as candidates for teaching common schools in such town. No. 61 — [§ 35.] In making such examination, it shall be the duty of the town superintendent to ascertain the qualification of the candidate, in respect to moral character, learning and ability. No. 62 — [§ 36 ] If he shall be satisfied in respect to the qual- ifications of the candidate, he shall deliver to the person so exam- ined, a certificate signed by him, in such form as shall be prescribed by the state superintendent. No. 63 — [§ 37.] The town superintendent may annul any- such certificate given by him or his predecessors in office, when he shall think proper, giving at least ten days' previous notice in wri- ting to the teacher holding it, and to the trustees of the district ia which he may be employed, of his intention to annul the same. No. 64 — [§ 38.] The town superintendent, whenever he sliall deem it necessary, may require a re-examination of all or any of the teachers in his town, for the purpose of ascertaining their qual- ifications to continue as such teachers. No. 65 — [§ 39.] The annulling of a certificate shall not dis- qualify the teacher to whom it was given, until a note in writing thereof, containing the name of the teacher, and the time when his certificate was annulled, shall be made by the town superintendent, and filed in the office of the town clerk. No. 66 — [§ 40.] When any school district shall be composed of parts of two or more towns, the town superintendent of the town in which the school house of such district may be situated, shall examine into and certify the qualifications of any teacher offiiring to teach in such district, in the same manner as is provi- ded by the preceding sections of this article, and may also in the same manner annul the certificate of such teacher ; and no school- (1) Laws of 1849, chap. 882, § 9. 108 house shall be erected so as to stand on the division lines of any two or more towns. No. 67 — [§ 41.] It shall be the duty of the town superinten- dent to visit all such common schools, within his town, as shall be organized according to law, at least twice a year, and oftener if he shall deem it necessary. No. 68 — [§ 42.] At such visitation, the town superintendent shall examine into the state and condition of such schools, both as respects the progress of the scholars in learning, and the good order of the schools ; and may give his advice and direction to the trustees and teachers of such schools as to the government thereof, and the course of studies to be pursued therein. ARTICLE FIFTH. Of the Formation and Alteration of School Districts. No. 69 — [§ 43.] In the erection or alteration of a school dis- trict, the trustees of any district to be affected thereby, may apply to the supervisor and town clerk to be associated with the town superintendent ; and their action shall be final unless duly appeal- ed from ; the compensation of the supervisor and town clerk when thus associated, shall be the same as that of the town superinten- dent. ^0. 70 — [§ 44,] "Whenever it may become necessary or con- venient to form a district out of two or more adjoining towns, the town superintendent of each of such adjoinmg towns, or the major part of them, may form, regulate and alter such district. No. 71 — [§45.] No alteration of any school district, made ■without the consent of the trustees thereof, shall take effect until three months after notice, in writing, shall be given by the town superintendent, to some one or more of such trustees ; nor shall any alteration or regulation of an organized school district be made to take effect between the first day of December in any one year, and the first day of May following. No. 72 — [§ 46.] If the town supeintendent in any town, shall require by notice in writing, the attendance of the town super- intendents of any other town or towns, at a joint meeting for the purpose of altering a school district formed from their respective towns, and a major part of the town superintendents notified shall refuse or neglect to attend, the town superintendents attending, by a majority of votes, may call a special district meet- ing of such district, for the purpose of deciding on such proposed alteration ; and the decision of such meeting shall be as valid as if made by the town superintendents of all the towns interested, but shall extend no further than to dissolve the district formed from such towns. jVb. 73 — [§ 50.] When two or more districts shall be consoli- dated into one, the new district shall succeed to all the rights of property possessed by the districts of which it shall be composed, 109 and when a district is annulled and portions thereof are annexed to other districts, the property of the district so annulled shall be sold by the town superintendent of the town in which the school house is located, at public auction to the highest bidder therefor, after at least five days public notice by notices posted in tliree or more public places in said town, one of which shall be within the district so annulled, and the proceeds of such sale shall be first applied so far as requisite, to the payment of any just debts due from the district so annulled, and the residue thereof shall be ' apportioned among the taxable inhabitants of the district so annulled in the ratio of their several assessments upon the lasfc corrected assessment roll of the town or towns within which such district is located J No. 74— [§ 52.] When there shall be any moneys in the bands of the officers, of a district that is or may be annulled, or belong- ing to such district, the town superintendent of the town may demand, sue for and recover the same, in his name of office, and shall apportion the same equitably between the districts to which the several portions of such annulled district may have been an- nexed, to be held and enjoyed as district property. No. 75 — -[§ 53.] Whenever a school district shall be dissolved by consolidation, or otherwise, it shall be the duty of the trustees of such district to make out all the necessary ratebills and tax-lists, and issue their warrants according to law, for the collection of all such sums of money as shall be necessary to discharge all legal liabilities of such district so dissolved or consolidated, and to call special meetings of the legal voters of such district, if it be neces- sary, to raise money by tax, to discharge such demands, and the collector to whom any such rate-bill or tax-list and warrant shall be delivered for collection, shall have power to execute the same in the same manner and with like authority as though such dis- trict had not been dissolved or consolidated. Of the poioers of school district inhabitants, and of the choice, duties and powers of school district officers. No. 76 — [§54.] Whenever any school district shall be formed in any town, it shall be the duty of the town superintendent, within twenty days thereafter, to prepare a notice in writing, describing such district, and appointing a time and place for the first district meeting, and to deliver such notice to a taxable inhab- itant of the district. No. 77 — [§ 55.] It shall be the duty of such inhabitant to notify every other inhabitant of the district, qualified to vote at district meetings, by reading the notice in the hearing of such inhabitant, or in case of his absence from home, by leaving a copy thereof, or of so much thereof as relates to the time and place of such meet- ing, at the place of his abode, at least six days before the time of the meeting, (I) Laws of 1849, Chap. 382, §2. 110 No. 78 — [§ 56.] In case such notice shall not be given, or the inhabitants of a district shall refuse or neglect to assemble, or form a district meeting, when so notified ; or in case any such dis- trict, having been formed and organized in pursuance of such notice, shall afterwards be dissolved, so that no competent author- ity shall exist therein, to call a special district meeting in the manner hereinafter provided ; such notice shall be renewed by the town superintendent, and served in the manner above pre- scribed. JSfo 79 — [§ 57.] Every taxable inhabitant to whom a notice t>f a district meeting shall have been properly delivered for service, who shall refuse or neglect to serve the notice in the manner above in this article enjoined, shall for every such offence forfeit the sum of five dollars. No. 80 — [§ 58.] Whenever any district meeting shall be called, in the manner prescribed in the preceding sections of this article, it shall be the duty of the inhabitants of the district, qualified to vote at district meetings, to assemble together at the time and place mentioned in the notice. No. 81 — [§ 59.] Every male person of full age, residing in any school district, and entitled to hold lands in this state, who owns or hires real property in such district subject to taxation for school purposes, and every resident of such district authorized to vote at town meetings of the town in which such district or part of district is situated, and who has paid any rate-bill for teachers' wages in such district, within one year preceding, or who owns any personal property liable to be taxed for school purposes in such districts, exceeding fifty dollars in value, exclusive of such as is exempt from execution, and no others, shall be entitled to vote at any school district meeting held in such district. No. 82 — [§ 60.] If any person offering to vote at any school district meeting, shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall require the person so offering, to make the following declaration: " I do declare and afiirra that I am an actual resident of this school district, and that I am qualified to vote at this meeting." And every person making such declaration shall be permitted to vote on all questions proposed at such meeting , but if any person shall refuse to make such declaration, his vote shall be rejected. No. 83 — [§ 61.] Every person who shall wilfully make a false declaration of his right to vote at a district meeting, Upon being challenged as herein before provided, shall be deemed guilty of a misdemeanor, and punishable by imprisonment in the county jail for a term not exceeding one year, nor less than six months, at the discretion of the court ; and any person voting at any school dis- trict meeting without being qualified, shall, on conviction, be subject to a fine of ten dcUars, to be sued for and recovered by the trus- tees of the district for its use, and with costs of suit, before any justice of the peace. Ill / No. 84 — [§ 62.J The inhabitants so entitled to vote, when so assembled in such district meeting, or when lawfully assembled at any other district meeting, shall have power, by a majority of" the votes of those present : 1. To appoint a chairman for the time being: 2. To adjourn from time to time, as occasion may require : 3. To chose a district clerk, three trustees, a district collector, and a librarian at their first meeting, and as often as such offices or either of them become vacated : 4. To designate a site for a district school house : 5. To lay such tax on the taxable inhabitants of the district, as the meeting shall deem sufficient to purchase or lease a suitable site for a school house, and to build, hire or purchase such school house, and to keep in repair and furnish the same with the necessary fuel and appendages : 6. To alter, repeal and modify their proceedings from time to time as occasion may require : 7. To vote a tax for the purchase of a book for the pur- pose of recording the proceedings in their respective districts : 8. With the consent of the town supei'intendent of the town, to designate sites for two or more school houses, for such district, and lay a tax on the taxable property in such district, to purchase or lease such sites, and to hire, build or purchase such school houses, and to keep in repair, and furnish the same with necessary fuel and appendages, and may also in their discretion lay a tax, not exceeding twenty dollars in any one year, to purchase maps, globes, black-boards, and other school apparatus. No. 85 — [§ 63.] The trustees chosen at the first legal meeting of any school district, shall be divided by lot into three classes, to be numbered, one, two and three ; the term of office of the first class shall be one year, of the second, two, of the third, three ; and one trustee only shall thereafter annually be elected, who shall hold his office for three years, and until a successor shall be duly elected or appointed. In case of a vacancy in the office of either of the trusttttSj during the period for which he or they shall have been respectively elected, the person or persons chosen or appointed to such vacancy shall hold the office only for the unexpired term. No. 86 — [§ 64.] Every notice of a district meeting called in pursuance of this act shall state the purpose for which such meeting is called. No. 87 — [§. 65.] In each school district an annual meeting shall be held at the time and place previously appointed ; and at the first district meeting, and at each annual meeting, the time and place of holding the next annual meeting shall be fixed. No. 88 — [§ 66.] Whenever the time for holding annual meet- ings in a district for the election of district officers shall pass without such election being held, a special meeting shall be notified 112 by the clerk of such district to choose such officers ; and if no such notice be given by him or the trustees last elected or appointed, with twenty days after such time shall have passed, the town superintendent or town clerk may order any inhabitant of such district qualified to vote at district meetings, to notify such meeting in the manner provided by law in case of the formation of a new district ; and the ofiicers chosen at any such special meeting, shall hold their office until the time for holding the next annual meeting. No. 89— [§ 67.] When the clerk and all the trustees of a school district shall have removed or otherwise vacated their office, and where the records of a district shall have been de- stroyed or lost, or where trustees neglect or refuse to call meet- ings to choose trustees, the superintendent shall have authority to order such meetings, and the same shall be notified in the manner provided by law in the case of the formation of new districts. No. 90 — [§ 68.] When in consequence of the loss of the rec- ords of a school district, or the omission to designate the day for its annual meeting, there shall be none fixed, or it cannot be ascertained, the trustees, of such district may appoint a day for holding the annual meeting of such district. No. 91 — [§ 69.] A special meeting shall be held in each dis- trict whenever called by the trustees ; and the proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent. No. 92 — [§ 70.] No tax to be voted by a district meeting for building, hiring or purchasing a school house, shall exceed the sum of four hundred dollars, unless the town superintendent of the town in which the school house is to be situated, shall certify in writing his opinion that a larger sum ought to be raised, and shall specify the sura ; in which case, a sum not exceeding the sum so specified, shall be raised ; and in districts composed of parts of several towns, the certificate of a major part of the superintendents of said towns shall be necessary for such purpose. No. 93 — [§ 71.] Whenever a majority of all the taxable inhabitants of any school district, to be ascertained by taking and recording the ayes and noes of such inhabitants 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 preceding section, shall be raised by instalments ; it shall be the duty of the trustees of such district, and they are hereby authorized to cause the same to be levied, raised and collected, in equal annual instalments, in the same manner, and with the like authority that other school district taxes are raised, levied and col- lected, and to make out their tax list and warrant, for the collec- tion of such instalments as they become payable according to the 113 vote of the said inhabitants ; but the payment or collection of the last instalment shall not be extended beyond five 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 as is required to levy such tax. No. 94 — [§ 72.] In every case where a district embraces a part of more than one town, the town superintendents of the towns so in part embraced, upon application of the trustees of such districts, or of those persons liable to pay taxes upon real property therein, shall proceed to enquire and determine whether the valu- ation of real property upon the several assessment rolls of said towns are substantially just as compared with each other, so far as such district is concerned, and if determined 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 districts so lying in different towns, and the trustees of such district shall there- upon assess the proportion of any tax thereafter to be raised accor- ding to the determination of said superintendents until the same shall be altered by said superintendents upon like application, 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 where two superintendents shall be unable to agree, they shall summon a superintendent from some adjoining town, who shall unite in such inquiry and determination. No. 95 — [§ 73.] Whenever a school house shall have been built or purchasW for a district, the site of such school house shall not be changed, nor the building thereon be removed, as long as the district shall remain unaltered, unless by the consent, in wri- ting, of the town superintendents of common schools, of the town or towns within which such districts shall be situated, stating that in their opinion such removal is necessary ; nor then, unless a ma- jority of all the taxable inhabitants of said district to be ascertain- ed by taking and recording the ayes and noes, at a special meet- ing, called for that purpose, shall be in favor of such new site. No. 96 — [§ 74.] Whenever the site of a school house shall have been changed as herein provided, the inhabitants of the dis- trict entitled to vote, lawfully assembled at any district meeting, shall have power by a majority of the votes of those present, to direct the sale of the former site or lot, and the buildings thereon, and appurtenances, or any part thereof, at such price, and upon such terms as they shall deem most advantageous to the district ; 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 dis- trict in the premises intended to be conveyed thereby, to the gran- tee named in such deed ; and when a credit shall be directed to be given upon such sale, for the consideration money, or any part thereof, the trustees are hereby authorized to take in their corpo- 8 114 rate name, such security by bond and mortgage, or otherwise, for the payment thereof, as they shall deem best, and shall hold the j- 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 in office, with interest and cost. No. 97 — [§ 75.] All moneys arising from any sale made in pursuance of the last preceding section, shall be appropriated to the payment of the expenses incurred in procuring a new site, and in removing or erecting a school house; or either of them, so far as such application thereof shall be deemed necessary. No. 98 — [§ 77.] In case the office of trustee shall be vacated by the death, refusal to serve, removal out of the district, or inca- pacity of any such officer, and the vacancy shall not be supplied by a district meeting within one month thereafter, the town super- intendent of the town may appoint any person residing in such district to supply such vacancy. No. 99 — [§ 78.] In case of a vacancy in the office of school district clerk, collector or librarian, for any of the causes men- tioned in the next preceding section, such vacancy may be supplied by appointment under the hands of the trustees of the district or a majority of them, and the persons so appointed shall hold their respective offices until the next annual meeting of the district, and until others are elected in their places. No. 100 — [§ 79.] Every person duly chosen or appointed to any such office, who, without sufficient cause, shall refuse to serve therein, shall forfeit the sum of five dollars; and every person so chosen or appointed, and not having refused to accept, who shall neglect to perform the duties of his office, shall forfeit the sum of ten dollars. No. 101 — [§ 80.] Any person chosen or appointed to any such office, may resign the same by presenting his resignation to the town superintendent of the town, where such officer shall reside, who is authorised for sufficient cause shown to him, to accept the same, and the acceptance of such resignation shall be a bar to the recovery of either of the penalties mentioned in the preceding section. The town superintendent accepting the resig- nation shall give notice thereof to the clerk, or to one of the trustees of the school district, to which the officer resigning shall belong. No. 102— [§ 81.] It shall be the duty of the clerk of each school district, 1. To record the proceedings of his district in a book to be pro- vided for that purpose by the district, and to enter therein true copies of all reports made by the trustees of his district, to the town superintendent. 115 2. To give notice of the time and place for special district meet-i ings, when the same shall be called by the trustees of the district, to each inhabitant of such district liable to pay taxes, at least five days before such meeting shall be held, in the manner prescribed in the fifty-fifth section of this act : 3. To affix a notice in writing of the time and place for any adjourned district meeting, when the same shall be adjourned for a longer time than one month, in at 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 keep and preserve all records, books and papers, belong- ing to his office, and to deliver the same to his successor in office ; and in case ot his neglect or refusal so to do, he shall be subject to a fine of not exceeding fifty dollars. Of the duty of trustees of school districts. No. 103— [§ 82.] It shall be the duty of the trustees of every school district, and they shall have power, 1. To call special meetings of the inhabitants of such districts liable to pay taxes, whenever they shall deem it necessary and proper : 2. To give notice of special, annual and adjourned meetings in the manner prescribed in the last preceding section, if there be no clerk of the district, or he be absent or incapable of acting: 3. To make out a tax list of every district tax, voted by any such meeting, containing the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, set opposite to his name : 4. To annex to such tax list a warrant, directed to the collec- tor of the districtjfor the collection of the sums in such list mentioned : 5. To purchase or lease a site for the district school house, as designated by a meeting of the district, and to build, hire or pur- chase, keep in repair, and furnish such school house with necessary fuel and appendages, out of the funds collected and paid to them for such purposes : 6. To have the custody and safe-keeping of the district school- house : 7. To contract with and em[)loy all teachers in the districts : 8. To pay the wages of such teachers when qualified, by giving them orders on the town superintendents for the public money be- longing to their districts, so far as such moneys shall be sufficient for that purpose ; and to collect the residue of such wages from all persons liable therefor;' 9. To divide the public moneys received by them, whenever authorized by a vote of their district, into not exceeding two por- tions for each year ; to assign and apply one of such portions to each term during which a school shall be kept in such district, for (1) LawB of 1849, chap. 382, § 12 116 the payment of teacher's wages during such term ; and to collect the residue of such wages, not paid by the proportion of public money allotted for that purpose, from the persons liable therefor, as above provided : 10. To exempt from the payment of the wages of teachers, either in part or wholly, such indigent persons within the district as they shall think proper, in any one quarter or term, and the same shall be a charge upon such district: 11. To certify such exemptions and deliver the certificate thereof to the clerk of the district to be kept on file in his office: 12. To ascertain by examination of the school lists kept by such teachers, the number of days for which each person not so exempt- ed, shall be liable to pay for instruction, and the amount payable by each person : 13. To make out a rate-bill containg the name of each person so liable, and the amount for which he is liable ; and to annex thereto a warrant for the collection thereof: 14. To deliver such rate-bill, with the warrant annexed, after the same shall have been made out and signed by them, to the col- lector of the district, who shall execute the same in like manner with other warrants directed by such trustees to such collector for the collection of district taxes, except as hereinafter provided ; and ■ the collector to whom any such rate-bill and warrant shall be de- livered for collection, shall possess the same power, be entitled to the same fees, and subject to the same restrictions and liabilities with their bail and sureties, except as hereinafter provided, as by this title is provided in proceedings to collect school district taxes. ^ No. 104 — [g 9.] The trustees of any school district may expend in the repair of the school house a sum not exceeding ten dol- lars in any one year, and the same may be levied and collected by a separate tax, or added to any tax authorized to be levied and col- lected. 2 No. 105 — [§ 84.] Where by reason of the inability to collect any tax or rate-bill, there shall be a deficiency in the amount rais- ed, the inhabitants of the district in district meeting shall direct the raising of a sufficient sum to supply such deficiency by tax, or the same shall be collected by rate-bill, as the case may require. No. 106 — [§ 6.] Any balance required to be raised in any school district for the payment of teachers' wages, beyond the amount apportioned to such district by the previous provisions of this act, and other public moneys belonging to the district, applica- ble to the payment of teachers' wages, shall be raised by rate-bill to be made out by the trustees, against those sending to school, in proportion to the number of days and of children sent, to be ascer- tained by the teachers' list ; and in making out such rate-bill, it shall be the duty of the trustees to exempt, either wholly or in partj as they may deem expedient, such indigent inhabitants as may, in (1) Laws of 1849, chap. 382, §6, as amended by chap. 151 laws of 1851, §7. £ (2) Laws of 1849, chap. 382, §9 117 their judgment, be entitled to such exemption, and the amount of such exemption shall be added to the first tax list thereafter to be made out by the trustees for district purposes, or shall be separate- ly levied by them as they shall deem most expedient. ' No. 107 — [§ 7.] The same property which is exempt by sec- tion twenty-two, of article two, title five, chapter six, part three, of the revised statutes, from levy and sale under execution, shall be exempt from levy and sale under any warrant to collect any rate- bill for wages of teachers of common schools. ^ Of the Assessment and Collection of District Taxes, No. 108 — [§ 85.] In making out a tax list the trustees of school districts shall apportion the same on all the taxable inhabitants of the district, or corporations holding property therein, according to the valuation of the taxable property which shall be owned or pos- sessed by them, at the time of making out such list within such dis- trict, or partly within such district and partly in an adjoining district, and upon all real estate lying within the boundaries of Such district , the owners of which shall be non-residents, and which shall be lia- ble to taxation for town or county purposes, and shall be situated ■within three miles of the site of the school-house in such district. But when it shall be ascertained that the proportion of any tax upon any lot, tract or parcel not occupied by any inhabitant would not amount to fifty cents, the trustees in their discretion may omit such lot, tract or parcel from the tax list. No. 109 — [§ 86.] Any person working land under a contract for a share of the produce of such land, shall be deemed the possessor, so tar as to render him' liable to taxation therefor, in the district where such land is situate. iVb. 110 — [§87.] Every person owning or holding any real property within any school district, who shall improve and occupy the same by his agent or servant, shall, in respect to the liability of such property to taxation, be considered a taxable inhabitant of such district, in the same manner as if he actually resided therein. iVb, 111 — [§88.] Where any district tax for the purpose of purchasing a site for a school-house, or for purchasing or building, keeping in repair, or furnishing such school-house with necessary fuel and appendages, shall be lawfully 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 charge the owner of such real estate with the amount of the tax so paid by him, unless some agreement to the contrary shall have been made by such tenant. No. 112 — [§ 89.] When any real estate within a district, so lia- ble to taxation, shall not be occupied and improved by the owner, 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 (1) Law8ofl851, chap. 151, §6-7. (2) Laws of 1751, chap. 161, §7. 118 8uch 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 be- long 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 propor- tion to the valuation which was affixed in the said assessment roll to the whole tract, of which such lot or piece shall be a part. No. 113 — [§90.] If any tax on the real estate of a non-resident mentioned in the tax list delivered to the collector shall be unpaid at the time he is required by law to return his warrant, he shall deliver to the trustees of such district an account of the taxes so remaining due, containing a description of the lots and pieces of land upon which any taxes were imposed as the same were stated in his tax list together with the amount of the tax assessed on each, and upon making oath before any justice of the peace or judge of any court of record that the taxes mentioned in 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. No. 114 — [ 91.] "Whenever the trustees of any school district shall receive such an account of unpaid taxes from any collector, they shall compare the same vrith the original tax list, and if found to be a true transcript, they shall add to such account a certificate to the eflfect that they have compared the same with the original tax list and found it to be correct, and shall immediately transmit such account, with the affidavit of the collector, and their certificate to the treasurer of the county. No. 115 — [§ 92.] Out of any moneys in the county treasury, raised for contingent expenses, the county treasurer shall pay to the trustees of the school district in which such taxes were imposed, the amount thereof so returned as unpaid. No. 116 — [§93.] Such account, affidavit and certificate shall be laid, by the county treasurer, before the board of supervisors of the county, who shall cause the amount of such unpaid taxes, with seven per cent of the amount in addition thereto, to be levied upon the lands of non-residents on which the same were imposed, and if imposed upon the lands of any incorporated company, then upon such company, m the same manner that the contingent charges of the county are directed to be levied and collected, and when col- lected the same shall be returned to the county treasury to reim- burse the amount so advanced, with the expense of collection. iVb. 117 — [§94.] Any person whose lands are included in any such account may pay the tax assessed thereon to the county treasurer, at any time before the board of supervisors shall have directed the same to be levied. 119 No. 118 — [§95.] The same proceedings in all respects shall be had for the collection of the amount so directed to be raised by the board of supervisors as are provided by law in relation to county taxes ; and upon a similar account as in the case of county taxes of the arrears thereof uncollected, being transmitted by the county treasurer to the comptroller, the same shall be paid 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 ; 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. No. 119 — [§ 96.] The valuations of taxable property shall be ascertained so far as possible, from the last assessment roll of the town ; and no person shall be entitled to any reduction in the valu- ation 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. No. 120 — [§ 97.] In every case where such reduction shall be duly claimed, and in every case where the valuation of taxable property cannot be ascertained, 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 proceed, in the valuations of taxable property. No. 121 — [§ 98.] Every taxable inhabitant of a district, who shall have been, within four years, set off from any otherdistrict 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. No. 122 — [§ 99.] Every district tax shall be assessed, and the tax list therefor be made out by the trustees, and a proper warrant attached thereto, within thirty days after the district meeting in which the tax shall have been voted. No. 123 — [§ 100.] It shall be the duty of the said trustees, after the expiration of the said thirty days, to deliver the said tax list and warrant to the collector of the district, and such collector is hereby authorised and directed, upon receiving his warrant, for two successive weeks, to receive such taxes as may be voluntarily paid to him ; and in case the whole amount shall not be so paid in, the collector shall proceed forthwith 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 of the time mentioned, five per cent ; and in case a levy and sale 120 shall be necessarily made by such collector, he shall be entitled to travelling fees at the rate of six cents per mile, to be computed from the school house in such district. ^ No. 124 — [§ 101.] If by the neglect of any collector, any school moneys shall be lost to any school district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall forfeit to such district the full amount of the moneys thus lost, and shall account for and pay over the same to the trustees of such district, in the same manner as if they had been collected. No. 125 — [§ 102.] For the recovery of all forfeitures, and of balances in the hands of a collector which he shall have neglected to pay over, the trustees of the district may sue in their name of ofl&ce, and shall be entitled to recover the same with interest and costs ; and the moneys recovered shall be applied by them in the same manner as if paid without suit. No. 126 — [§ 103.] Any collector to whom any such tax list and warrant may be delivered for collection, may execute the same in any other district or town in the same county, or in any other county, where the district is a joint district, and composed of terri- tory from adjoining counties, in the same manner, and with the like authority as in the district in which the trustees issuing the said warrant may reside, and for the benefit of which said tax is intended to be collected, and the bail or sureties of any collector given for the faithful pei'formance of his official duties, are hereby declared and made liable for any moneys received or collected on any such tax list and warrant, and may be prosecuted for the re- covery thereof. No. 127— [§ 104.] It shall be the duty of the trustees of school districts, to procure for the use of their district, two bound blank books from time to time, as shall be necessary, in one of which the accounts of all moneys received and paid by the trustees, and a statement of all moveable property belonging to the district, shall be entered at large, and signed by such trustees, at or before each annual meeting in such district. In the other of the said books, the teachers shall enter the names of the scholars attending school, and the number of days they shall have respectively attended, and also the days on which such school shall have been inspected by the town superintendent ; which entries shall be verified by the oath or affirmation of the teachers. The said books shall be pre- served by the trustees as the property of the district, and shall be delivered to their successors. No. 128 — [§ 105.] When the necessary fuel for the school of any district shall not be provided, by means of a tax on the inhab- itants of the district or otherwise, it shall be the duty of the trustees of the district to provide the necessary fuel, and levy a tax upon the inhabitants of the district to pay for the same.^ No. 129 — [§ 109.] When the trustees of any school district are require d or authorized by law, or by vote of their district, tO' (1) Laws of 1849, chap. 382, §6. (2) Laws of 1849, chap. 382, §7. ' 121 incur any expense for such district, and when any expenses incur- red by them are made by express provision of law a charge upon such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be raised had been voted by a dis- trict meeting, and the same shall be collected and paid over in the same manner. No. 130 — [§ 110.] The warrant issued and annexed to any tax list or rate bill, shall be under the hands of the trustees of the district or a majority of them, and it shall not be necessary for the said trustees to affix their seals to any such warrant. No. 131 — [§ 111.] The warrants issued by the trustees of school districts for the collection of any district tax authorized to be levied, raised and collected by this title, or for the collection of any rate bill shall have the like force and effect, [except as herein before provided in respect to rate bills,] as warrants issued by boards of supervisors of counties to collectors of taxes in towns ; and the collector to whom any such warrant may be delivered for collection is hereby authorized and required to collect from every person in such tax list or rate bill named, the sum therein set op- posite 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, [except as aforesaid.] No. 132 — [§112.] If the sum or sums of money, payable by any person named in such tax list or rate bill, shall not be paid by him, or collected by such warrant within the time therein limit- ed, it shall and may be lawful for the trustees to renew such warrant in respect to such delinquent person ; or in case such person shall not reside within their district, at the time of making out a tax list or rate bill, or shall not reside therein at the expiration of such warrant, and no goods or chattels can be found therein whereon to levy the same ; the trustees may sue for and recover the same, in their name of office. No. 133 — [§113.] Whenever the , trustees of any school dis- trict shall discover any error in a tax list or rate bill made out by them, they may with the approbation and consent of the state su- perintendent, after refunding any amount that may have been im- properly collected on such tax list or rate bill, if the same shall be required, amend and correct such tax list or rate bill, in conformity to law ; and whenever more than one renewal of a warrant for the collection of any tax list or rate bill, may become necessary in any district, the trustees may make such further renewal, with the written approbation of the town superintendent of the town in which the school house of said district shall be located, to be en- dorsed upon such warrant. No. 134 — [§ 114.] If the moneys apportioned to a district by the town superintendent shall not have been paid, it shall be tjie duty of the trustees thereof, to bring a suit for the recovery of the same, with interest, against the town superintendent in whose hands the same shall be, or to pursue such other remedy for the recovery thereof, as is or shall be given by law. 122 Of the annual reporta of trustees, their duties and liabilities. No. 135 — [§ 1 15.] The trustees of each school district shall, between the first and fifteenth days of January, in every year, make and transmit a report, in writing, to the town superintend- ent for such town, dated on the first day of January, in the year in which it shall be transmitted. No. 136 — [§116.] Every such report, signed and certified by a majority of the trustees making it, shall be delivered to the town superintendent, and shall specify, 1. The whole time any school has been kept in their 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 : 2. The amount of moneys received from the town superintend- ent during such year, and the manner in which such moneys have been expended : 3. The number of children taught in the district during such year.i 4. The number of children residing in the district on the last day of December previous to the making of such report, over the age of four years, and under twenty-one years of age, (except In- dian children otherwise provided for by law,) and the names of the parents or other persons with whom such children shall res- pectively reside, and the number 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 insuring school-houses, for fuel, for supplying deficiencies in rate bills, for district libraries, or for any other purpose allowed by law, and such other information in re- lation to the schools and the districts as the superintendent of common schools may from time to time require. No. 137 — [§ 117] It shall not be lawful for the trustees of any school district to include in their annual returns the names of any children who are supported at a county poor-house, or orphan asylum. No. 138 — [§ 118.] The annual reports of trustees of school districts, of children residing in their district, shall include all over four and under twenty-one years of age, who shall, ^t the date of such report, actually be in the district, composing a part of the family of their parents or guardians, or employers, if such parents, guardians, or employers reside at the time in such dis- trict, although such residence be 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 be law be included in the reports of its trus- tees. (1) La-wa of 1849, chap. 382, § 8. 133 No. 139 — [§ 119.] The trustees of school districts shall not enumerate and include in their annual reports any Indian children residing on Indian reservations where schools are taught. iVo. 140 — [§ 120.] All children included in the reports of the trustees of any school district shall be entitled to attend the schools of such district ; and whenever it shall be necessary for the accommodation of the children in any district, the trustees thereof may hire, temporarily, any room or rooms for the keeping of schools therein, and the expense thereof shall be a charge up- on such district. No. 141 — [§ 121.] Where a school district is formed out of two or more adjoining towns, it shall be the duty of the trustees of such district to make and transmit a report to the town super- intendent for each of the towns out of which such district shall be formed, within the same time, and in the same manner, as is re- quired by sections one hundred and fifteen, and one hundred and sixteen of this act ; distinguishing the number of children over the age of four and under twenty-one years, residing in each part of a district which shall be in a different town from the other parts, and the number of children taught, and the amount of school moneys received from each part of the district. No. 142 — [§ 122.] Where any neighborhood shall be set off by itself, the inhabitants of such separate neighborhood shall an- nually meet together and chose one trustee ; whose duty it shall be every year, within the time limited for making district re- ports, to make and transmit a report in writing, bearing date on the first day of January, in the year in which it shall be transmit- ted, to the town superintendent of the town from which such neighborhood shall be set off, specifying the number of children over the age of four and under twenty-one years, residing in such neighborhood, the amount of moneys received from the town su- perintendent since the date of last report, and the manner in which the same has been expended, JSfo. 143 — [§ 123.] Every trustee of a school district, or sepa- rate neighborhood, who shall wilfully sign a false report to the town superintendent of his town, with the intent of causing such town superintendent to apportion and pay to his district or neigh- borhood, a larger sum than its just proportion of the school moneys of the town, shall for each offence, forfeit the sum of twenty-five dollars, and shall also be deemed guilty of a misdemeanor. No. 144 — [§ 124.] All property now vested in the trustees of any school district, for the use of schools in the district, or which may be hereafter transferred to such trustees for that pur- pose, ehall be held by them as a corporation. JVo. 145 — [§125.] The trustees of each school district shall, once in each year render to the district, at its annual district meeting, a just and true account in writing, of all moneys re- ceived by them respectively for the use of their district; and of 124 the manner in which the same shall have been expended, which account shall be delivered to the district clerk, and be filed and recorded by him. No. 146 — [§ 126.] Any balance of such moneys, which shall appear from such account to remain in the hands of the trustees, or either of them, at the time of renaering the account, shall im- mediately be paid to some one or more of their successors in office. No. 147 — [§ 127.] Every trustee who shall refuse or neglect to render such account, or to pay over any balance so found in his hands, shall for each offence forfeit the sum of twenty-five dollars. JVo. 148 — [§ 128.] It shall be the duty of his successors in office to prosecute, without delay, in their name of office, for the recovery of such forfeiture ; and the moneys recovered shall be applied by them to the use and benefit of their district schools. No. 149 — [§ 129,] Such successors shall also have the same remedies for the recovery of any unpaid balance in the hands of a former trustee, or his representatives, as are given to the town superintendent againt a former town superintendent and his re- presentatives ; and the moneys recovered shall be applied by them to the use of their district, in the same manner as if they had been paid without suit. No. 150 — [§ 130.] Every trustee of a school district who shall, while in office, neglect or refuse annually to render an ac- count of the moneys received by him as such trustee, shall for each offence forfeit the sum of twenty-five dollars ; and it shall be the duty of the town superintendent of the town in which such trustee may reside, to prosecute, without delay, in his name of office, for the recovery of such forfeiture ; and the moneys recov- ered shall be applied by such superintendent to the use and bene- fit of the district school of the district to which such defaultii^ trustee shall belong. JVo. 151 — [§ 131.] Such town superintendent shall also have the same remedies for the recovery of any unpaid balance of moneys, in the hands of such delinquent trustee, in office, as are given to the town superintendents in office, against a former town superintendent ; and the moneys recovered shall be applied by such town superintendent to the use of the district to which the same may belong, and be paid over to the trustee or trustees of such district, who are not in default. No. 152 — [§ 132.] Any person coneeiving himself aggrieved in consequence of any decision made, 1. By any school district meeting. 2. By the town superintendent in the forming or altering, or m refusing to form or alter any school district, or in refusing to pay any school moneys to any such district : 3. By the trustees of any district, in paying any teacher, or refusing to pay him, or in refusing to admit any scholar gratuitously into any school : 4. Or concerning any other matter under the present title may appeal to the superintendent, who is hereby authorized and required to examine and decide the same, and the decision of the state superintendent shall be final and conclusive. Of school district libraries, No. 153— [§ 133.] The taxable inhabitants of each school district in the state, shall have power when lawfully assembled at any district meeting, to lay a tax on the district not exceeding ten dollars in any one year, for the purchase of a district library, consisting of such books as they shall in their district meeting direct, and such further sum as they may deem necessary for the purchase of a book case : The intention to propose such tax, shall be stated in the notice required to be given of such meeting. . No. 154 — [§ 135. The taxes authorized by the foregoing sec- tion to be raised, shall be assessed and collected in the same man- ner as a tax for building a school house. No. 15.5 — [§ 136.] The sura of fifty-five thousand dollars, di- rected to be distributed to the several school districts of this state, by the fourth section of chapter two hundred and thirty-seven of the laws of eighteen hundred and thirty-eight shall continue to be applied to the purchase of books for a district library, until other- wise directed ; but whenever the number of volumes in the district library of any district, numbering over fifty children between the ages of five and sixteen years, shall exceed one hundred and twen- ty-five ; or of any district numbering fifty children or less, between the said ages, shall exceed on hundred volumes, the inhabitants of the district qualified to vote therem, may, at a special or annual meeting duly notified for that purpose, by a majority of votes, ap- propriate the whole, or any part of the library money belonging to the district for the current year, to the purchase of maps, globes, black boards,or other scientific apparatus, for the use of the school : And in every district having the required number of volumes in the district library, and the maps, globes, black-boards, and other apparatus aforesaid, the said moneys, with the approbation of the state superintendent, may be applied to the payment of teach- ers' wages. No. 156 — [^ 137.] The trustees of every school district shall be trustees of the library of such district ; and the property of all books therein, and of the case and other appurtenances thereof shall be deemed to be vested in such trustees, so as to enable them to maintain any action in relation to the same: It shall be their duty to preserve such books and keep them in repair ; and the expenses incurred for that purpose, may be included in any tax list to be made out by them as trustees of a district, and ad- ded to any tax voted by a district meeting, and shall be collected and paid over in the same manner : The librarian of any district 1^6 library shall be subject to the directions of the trustees thereof, in all matters relating to the preservation of the books and appur- tenances of the library, and may be removed from office by them for wilful disobedience of such directions, or for any vv^ilful neglect of duty. JVo. 157— [§ 138.] Trustees of school districts shall be liable to their successors for any neglect or omission, in relation to the care and superintendence of district libraries, by w^hich any books therein are lost or injured, to the full amount of such loss or injury in an action on the case, to be brought by such success- ors in their name of office. No. 158 — [§ 139.] A set of general regulations respecting the preservation of school district libraries, the delivery of them by librarians and trustees to their successors in office, the use of them by the inhabitants of the district, the number of volumes to be taken by any one person at any one time or during any term, the periods of their return, the fines and penalties that may be imposed by the trustees of such libraries for not returning, for losing or destroying any of the books therein, or for soiling, de- facing, or injuring them, and the conditions upon which any school district may apply the library money to the payment of teachers' wages, may be framed by the state superintendent, and printed copies thereof shall be furnished to each school district of the state ; which regulations shall be obligatory upon all per- sons and officers having charge of such libraries, or using or pos- sessing any of the books thereof. Such fines may be recovered in an action of debt, in the name of the trustees of any such libra- ry, of the person on whom they are imposed, except such person be a minor ; in which case they may be recovered of the parent or guardian of such minor, unless notice in writing shall have been given by such parent or guardian to the trustees of such library, that they will not be responsible for any books delivered such mi- nor : And persons with whom such minors reside shall be liable in the same manner and to the same extent, in cases where the pa- rent of such minor does not reside in the district. No. 159 — [§ 140.] Any person conceiving himself aggrieved by any act or decision of any trustees of school districts, concern- ing district libraries, or the books therein, or the use of such books, or of any librarian, or of any district meeting in relation to their school library, may appeal to the state superintendent in the same manner as provided by law. No. 160 — [§ 141.] The legal voters in any two or more ad- joining districts may, in such cases as may be approved by the town superintendent, unite their library moneys and funds as they shall be received or collected, and purchase a joint library for the use of the inhabitants of such districts, which shall be selected by the trustees thereof, or by such persons as they shall designate, and shall be under the charge of a librarian to be appointed by 127 them ; and the foregoing provisions of this act shall be applicable to the said joint libraries, except that the property in them shall be deemed to be vested in all the trustees, fer the time being, of the districts so united. And in case any such district shall de- sire to divide such library, such division shall be made by the trustees of the two districts whose libraries are so united, and in case they cannot agree, then such division shall be made by the town superintendent. No. 101 — [§ 142.] Where, by reason of the non-compliance with the conditions prescribed by law, the library money shall be withheld from any school district, the same may be distributed among other districts complying with such conditions, or may be retained and paid subsequently to the district from which the same was withheld, as shall be directed by the state superintend- ent according to the circumstances of the case. No. 162 — [§ 143.] The state superintendent whenever re- quested by the trustees of a school district, under the directions of the legal voters of such district, may select a library for their use, and cause the same to be delivered to the clerk of the county in which such district is situated, at its expense. ARTICLE SIXTH. Of certain duties of the county clerks. Sec. 172. — County clerk to report to the superintendent of com- mon schools ; what, and when. Sec. 173. — Forfeiture for neglecting it. Sec, 174. — Who to prosecute for it, and where paid when recov- ered. Sec 175. — Duty of county clerk when commissioners [town su- perintendents] do not report. No. 163— § 172. [§ 112,] It shall be the duty of each county clerk, between the first day of August and the first day of October, in every year, to make and transmit to the superintendent of com- mon schools, a report in writing, containing the whole number of towns in his county, distinguishing the towns from which the ne- cessary reports have been made to him by the town superintend- ent of common schools, and containing abstracts of all such re- ports in such form as the state superintendent shall direct. No. 164— § 173. [§ 113.] Kvery clerk who shall refuse or neglect to make such report, within the period so limited, shall, for each offence, forfeit the sum of one hundred dollars to the use of the school fund of the state. No. 165 — § 174. [§ 114.] It shall be the duty of the superin- tendent of common schools to prosecute without delay, in his name of office, for such forfeiture, and to pay the moneys recov- ered, into the treasury of the state, to the credit of the school fund. 128 No, 166 — [§ 144.] It shall be the duty of each county clerk, immediately after the first day of August in every year, in case the town superintendent of any town in his county shall have neglect- ed to make to him his annual report, to give notice of such neglect to the clerk of the town, who shall immediately notify such town superintendent for the purpose of making his report.^ Miscellaneous provisions connected with the foregoing articles,. No. 167 — [§ 1.] Common schools in the several school dis- tricts in this state shall be free to all persons residing in the dis- trict over five and under twenty-one years of age, as herein [before] provided. Persons not resident of a district may be admitted in- to the schools kept therein, with the approbation in writing of the trustees thereof, or a majority of them. ^ No. 168 — [§145,] Town superintendents, trustees, collectors and clerks of school districts, refusing or wilfully neglecting to make any report, or to perform any other duty required by law, or by regulations or decisions made under the authority of any statute, shall severally forfeit to their town, or to their district as the case may be, for the use of the common schools therein, the sum of ten dollars for each such neglect or refusal, which penalty shall be sued for and collected by the supervisor of the town, and paid over to the proper officers to be distributed for the benefit of the common schools in the town or district to which such penalty belongs ; and when the share of school or library money appor- tioned to any town or district, or school, or any portions thereof, or any money to which a town or district would have been entitled, shall be lost in consequence of any wilful neglect of official duty by any town superintendent or trustees or clerks of school dis- tricts, the officers guilty of such neglect shall forfeit to the town or district the full amount, with interest, of the moneys so lost ; and they shall be jointly and severally liable for the payment of such forfeiture. No. 169 — [§ 146.] In any suit which shall hereafter be com- menced against town superintendents or officers of school districts , for any act performed by virtue 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 super- intendent, no costs shall be allowed to the plaintiff in cases where the court shall certify that it appeared on the trial of the cause that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to en- force the decisions of the superintendent. No. 170 — [§ \.~\a Whenever a suit shall have been commen- ced or shall hereafter be commenced against the trustees of a (1) Laws of 184'7, cliap. 480, § 144. (2) Laws of 1851, chap. 151, § 1. (rt) Laws of J 847, chap. 172, § 1, 2, 3, 4. Laws of 1849, chap. 388. 129 school district in consequence of acts by them perfornud in pur- suance of and by the direction of such district, for any act per- formed by virtue of, or under color of their office, and such suit shall have been finally determined, or whenever, after the final determination of any suit commenced by or against any trustees or other ofiicers of a school district, a majority of the taxable inhab- itants of any school district shall so determine, it shall be the duty of the trustees to ascertain in the manner hereinafter described, the actual amount of all the costs, charges and expenses paid by such officer, and to cause the same to be assessed upon and col- lected of the taxable inhabitants of said district in the same man- Jier as other taxes of said district are by law assessed and collected, and when so collected, to pay the same over to the officer by virtue of this act entitled to receive the same ; but this provision shall not extend to suits for penalties, nor suits or proceedings to enforce the decisions of the superintendent. No. 171— [5j 2.] Whenever any person mentioned in the first section of this act shall have paid any costs, charges or expenses as mentioned in said first section, he shall make out an account of such charges, costs and expenses so paid by him, giving the Items thereof, and verify the same by his oath or affirmation ; he shall serve a copy of said account so sworn to, upon the trustees of the district against which such claim shall be made, together with a notice in writing that on a certain day therein specified, he will present such account to the board of supervisors of the county in which such school district shall be situated, for settlement at some legal meeting of such board ; and it shall be the duty of the officer upon whom such copy, account and notice shall be served, to attend at the time and place in such notice specified, to pro-' tect the rights and interests of mc\\ district upon such settle- ment. ISo. 172 — [g a.] Upon the appearance of the parties, or upon dueproof of service of the notice and copy of account mentioned in the second section of this act, if the said board shall be of opinion that such account or any portion thereof ought justly to be paid to the claimant, such board may by an order to be made by a majority of all the members elected to the same, and to be eitered in its minutes, require such account or such part thereof as such board shall be of opinion ought justly to be paid to the claimant, by such district to be so paid ; but no portion of such account shall be so ordered to be paid which shall appear to the said board to have arisen from the wilftij neglect or misconduct of the claimant. The account, with the oath of the party claiming the same, shall be prima facie evidence of the correctness thereof. The board may adjourn the hearing from time to time as justice shall seem to require. * No 173— [§ 4.] It shall be the duty of the trustees of any school district, within thirty days after service of a copv of such 9 m order upon them to cause the same to be entered at length in the book of records of said district, and to issue to the collector of said district a warrant for the collection of the amount so directed to be paid, in the same manner and with the like force and effect as upon a tax voted by said district. lio. 174 — [§ l.]b No person shall wilfully disturb, interrupt or disquiet any assemblage of persons met at any school district, with the assent of the trustees of the school district, for the pur- pose of receiving instruction in any of the branches of education usually taught in the common schools of this state, or in the science of music. No. 175 — [§ 2.] Whoever shall violate the provisions of the^ foregoing section, may be tried before any justice of the peace of the county, or any mayor, alderman, recorder, or other magistrate of any city where the offence shall be committed ; and upon con- viction, shall forfeit a sura not exceeding twenty-five dollars, for the use and benefit of the school district in which such offence shall be committed. iVb. 176 — [§ 3.] It shall be the duty of the trustees of any school district in which any such offence shall be committed, to prosecute such offender before any officer having cognizance of such offence. JVo. 177 — [§ 4.] If any person convicted of the offence here- in prohibited, shall not immediately pay the penalty incurred, with the costs of conviction, or give security, to the satisfaction of the officer before whom such conviction shall be had, for the pay- ment of the said penalty and costs within twenty days thereafter, he shall be committed by warrant to the common jail of the county, until the same be paid, or for such term, not exceeding thirty days, as shall be specified in such warrant. No. 178 — [§ 5.] It shall and may be lawful for any person who may be complained of for a violation of the provisions of this act, to demand of such magistrate that he may be tried by a jury. Upon such demand, it shall be the duty of such officer to issue a venire to the proper officer,commanding him to summon the same number of jurors, and in the same manner, and the said court shall proceed to empannel a jury for the trial of said cause, in the same manner and subject to all the rules and regulations prescrib- ed in the act providing for the trials by jury in courts of special sessions. No. 179 — [§ 147.] A school for colored children may be es- tablished in any city or town of this state, with theappr^ibation of the commissioners or town superintendent of such city or town, which shall be under the charge of the trustees of the district in which such school shall be kept ; and in places where no school dis- tricts exist, or where from any cause it may be expedient, such (6) Laws of 1845, chap. 228, § 1, 2, 3, 4, 5. sf.hool may be placed in charge of trustees to be appointed by the commissioners or town superintvindent of common schools of the town or city, and if there be none, to be appointed by the state su- perintendent. Returns shall be made by the trustees of such school to the town superintendent at the same time and in the same manner as now provided by law in relation to districts ; and they shall particularly specify the number of colored children over four and under twenty-one years of age, attending such school from dif- ferent districts, naming such districts respectively, and the number from each. The town superintendent shall apportion and pay over to the trustees of such schools, a portion of the money received by them annually, in the same manner as now provided by law in respect to school districts, allowing to such schools the proper proportion for eacli child over four and under twenty-one years, who shall have been instructed in such school at least four months liy a teacher duly licensed, and shall deduct such proportion from the amount that would have been apportioned to the district to which such children belong ; and in his report to the state superintend- ent, the town superintendt;nt shall specially designate the schools for colored children in his town or city. No. 180 — [§ 15.] Whenever it shall be satisfactorily proven to the St .; superintendent that any county or town superintendent or other school officer, has embezzled the public money, or any money coming into his hands for school purposes, or has been guilty of the wilful violation of any law, or neglect of any duty, or of disobeying any decision, order or regulation of the department of common schools, the state superintendent is hereby authorized to remove such officer from such office, by an order under the seal of office of the secretary of state.' No. 181. — [§148.] The state superintendent may cause to be printed a sufficient number of forms of reports by trustees of school districts and town superintendents and of lists of pupils attending schools, and cause them to be transmitted to the several county clerks, for the use of those officers and of teachers of schools ; and he shall cause title second of chapter fifteen and part first of the Revised Statutes to be printed, and shall insert therein all acts and paris of acts which have been passed by the legislature, connected with the subjects of the said title, which are now in force ; and where any provisions of the said title have been altered by the subsequent acts, such provisions shall be varied so as to make them conformable to sue!; alterations; but the original numbers of the sections shall be indicated in such mode as he shall judge pro- per, except as herein amended or altered. Copies of the said title so amended shall be transmitted to (he town superintendent, and all other officers charged with the performance of any duty under its provisions, with such explanations and instructions as may be deemed expedient. (1) Chap. 38a, Laws of 1849, §15. 132 No. 182 — [§150.] All such provisions of law as are repugnant to or inconsistent with the provisions of this title, are hereby repeal- ed; but nothing herein contained shall be so construed as to impair or affect any of the local provisions respecting the organ- ization and management of schools in any of the incorporated cities or villages or towns of this state, except as the same are affected by the preceding sections of this act. Tow7i School Funds. The acts passed in 1789 for the sale of lands belonging to the people of this State, requii-ed the Surveyor General to reserve in eacla township, one lot for the support of the gospel, and one lot for the use of schools in such township. The following is a list of the principal reservations of this nature, viz : One lot of 550 acres, in each of the twenty-eight townships in the Military tract. Forty lots of 250 acres each, in each of the twenty townships west of the Unadilla river, being ten thousand acres. One lot of 640 acres each, in each of the townships of Fayette, Clinton, Greene, Warren, Chenango, Sidney and Hampden, then in the counties of 15roome and Chenango. Ten lots of 640 acres each, in the townslnps along the St. Lawrence. Sixteen lots of 640 acres each in Totten and Crossfield's pur- chase. In the township of Plattsburgh 400 aci*es were reserved for the use of a minister of the gospel, and 460 acres for the use of a pub- lic school or schools in the said township. In the township of Benson 640 acres were reserved for gospel and schools. By an act passed in 1798, in relation to gospel and school lots, it is provided " that the moneys arising from the leasing of the said lots of land as aforesaid, and from the trespasses aforesaid, shall be applied to the use of schools or support of the gospel, in the original townships, as surveyed, in which such lots shall be respectively situated, and for no other purpose ; which said ap- plication shall be made, either for schools or gospel or both, and in such way and manner as the freeholders and inhabitants of the towns in which the same lands shall lie, shall in legal town meet- ing, from time to time direct, order and appoint." By an act passed in 1808, the act of 1798 was extended to all the townships where lots of land are reserved for the support of gos- pel and schools, and the following provision was added : " § 1. Be it enacted, S^c, That the moneys arising from the an- nual rents and profits of the gospel lots in each township, shall be equally divided by the supervisor and commissioners appointed in each township, between the several religious societies legally or- ganized in such township, and that the money arising from the 138 annual rents and profits of the several school lots shall be distri- buted among the schools kept in each respective township, by teachers to be approved of by the supervisor and commissioners constituted by the act to which this is an amendment, or a m£yority of them in said township, in proportion to the aggregate number of days which the scholars in each respective school shall have res- pectively attended such schools in the year immediately preceding such division." The fourth section of an act concerning the gospel and school lots passed in 1813, is as follows : " And be it further enacted, That the rents, issues, and pi'ofits of the aforesaid lands, and the annual interest of the moneys arisino' from the sale thereof, shall be applied by the said trustees for the time being, to the support of the gospel and schools in their several towns in such manner, as the freeholders and inhabitants of the towns respectively, at their annual town meeting, shall order and direct, or as the legislature shall prescribe by law." Session Laws of 1813, p. 157. In 1819, an act was passed in relation to the gospel and school lots which contains the following section : "§ 2. And be it further enacted, That all moneys now due or hereafter to become due, and which shall have come into the hands of the aforesaid commissioners of public lots, and have not been applied and paid over to religious societies, shall be apportioned among the several school districts in the several towns of the afore- mentioned counties, [Onondaga, Cayuga and Seneca] anything in the acts heretofore passed to the contrary notwithstanding." By section first of chapter 186, Laws of 1846, (No. 31 ante) " the office of trustees of the gospel and school lots in the several towns in this state is hereby abolished ; and the powers and duties now by law conferred and imposed upon said trustees, shall here- after be exercised by the town superintendent of common schools." By the provisions of chapter XV, Title IV, of Part I of the Revised Statutes, the trustees of the several Gospel and school lots were authorized and required, "1. To take and hold possession of the gospel and school lot of their town : " 2. To lease the same for such time not exceeding twenty-one years, and upon such conditions as they shall deem expedient : " 3. To sell the same with the advice and consent of the inhabitants of the town, in town meeting a8sembled,for such prices and upon such terms of credit aa shall appear to them most advan- tageous : " 4. To invest the proceeds of such sales in loans secured by bond and mortgage upon unincumbered real property of the value of double the amount loaned. " 5. To purchase property so mortgaged upon a fore-closure, and to hold and conveyjthe property ao purchased, whenever it shall become necessary. 134 " 6. To release the amount of such loans repaid to them, upon the like security. "7. To apply the rents and profits of such lots, and the inter- est of the money arising from the sale thereof, to the support of the gospel and schools, or either, as may be provided by law, in such manner as shall be thus provided. *' 8. To render a just and true account of the proceeds of the sales, and the interest on the loans thereof, and of the rents and profits of such gospel and school lots, and of the expenditure and appropriation thereof, on the last Tuesday next preceding the annual town meeting in each year, to the board of auditors of the accounts of other town officers. " 9. To deliver over to their successors in office, all books^ papers and securities relating to the same, at the expiration of their respective offices : and '' 10. To take therefor a receipt, which shall be filed in the clerk's office of the town. "§ 4. The board of auditors in each town shall annually report the state of the accounts of the trustees of the gospel and school lots in that town, to the inhabitants thereof, at their annual town meeting. *'§ 5. Whenever a town having lands assigned to it for the support of the gospel or of schools, shall be divided into two or more towns, or shall be altered in its limits by the annexing of a part of its territory to another town or towns, such lands shall be sold b}'- the trustees [town superintendent] of the town in which such lands were included immediately before such division or alteration ; and the proceds thereof shall be apportioned between the towns interested therein in the same manner as the other public moneys, of towns, so divided or altered, are apportioned. "§ 6. The shares of such moneys to which the towns shall be respectively entitled, shall be paid to the trustees of the gospel and school lots [Town Superintendents] of the respective towns, and shall thereafter be subject to the provisions of this Title. '* § 7. If in either of such towns, trustees of gospel and school lot* [Town Superintendents] shall not have been chosen, or there be none in oliice, the share of such town shall be paid to the supervisor." An Act relative to movei/s in the hands of Overseers of the Poor. Passed April 27, 1829. § 1. It shaU be lawful for the inhabitants of any town, in such counties as have abolished the distinction between county and town paupers, and in such counties as may hereafter abolish such dis- tinction, at any annual or special town meeting, to appropriate all or any part of the monies and funds remaining in the hands of the overseers of the poor of such town, after such abolition, to such objects and for such purposes as shall be determined at such meet- ing. 135 § 2. If any such meeting shall appropriate any such money or funds for the benefit of common schools in their town, the money so appropriated shall be denominated " the Common School Fund of iuch town," and shall be under the care and superintendence of the [Town Superintendent] of Common Schools of said town. § 3. If any such meeting shall appropriate such money or funds for the benefit of common schools, after such appropriaticu shall have been made, and after the town superintendent of com- mon schools shall have taken the oath of office, the overseers of the poor of such towns shall then pay over and deliver to the said town superintendent such moneys, bonds, mortgages, notes and other securities remaining in their hands as such overseers of the poor, as will comport with the appropriation made for the benefit of common schools of their town. § 4. The said town superintendents of common schools may sue for and collect, in their name of office, the money due or to be- come due on such bonds, mortgages, notes or other securities, and also all other securities by them taken under the provisions of this act. § 5. The monies, bonds, mortgages, notes and other securities aforesaid shall continue and be a permanent fund, to be denomina- ted the common school fund of the town appropriating the same, the annual interest of which shall be applied to the support of common schools in such towns, unless the inhabitants of such town, in atmual town meeting, shall make a different disposition of the whole of the principal and interest, or any part thereof, for the benefit of the common schools of such town. § 6. The said town superintendents of common schools when- ever the whole or any part of the principal of said fund shall come to their hands, shall loan the same on bond, secured by a mortgage on real estate of double the value of the monies so loaned, exclu- sive of buildings or artificial erections thereon. § 7. The said town superintendents of common schools may purchase in the estate on which the fund shall have been secured, upon the foreclosure of any mortgage, and may hold and convey the same for the use of said fund. § 8. The said town superintendents of common schools shall retain the interest of said common school fund, which shall be dis- tributed and appHed to the support of common schools of such town, in like manner as the public money for the support of com- mon schools shall be distributed by law § 9. The said town superintendents of common schools shall account annually, in such manner and at such times as town ofllir cers are required by law to account, and shall deliver to their suc- cessors in office all moneys, books, securities and papers whatsoev- er relating to said fund, and shall take a receipt therefor, and fil« the same with the town clerk. 13f5 Lewiston School Fund. [LavTS of 1826, p. 239. 1 Rev. Stat. 614,] § 1. The property now belonging to the Lewiston School Fund shall remain a continual fund, the interest of which shall be invio- lably appropriated to the support of common schools in the village of Lewiston, under the direction of the commissioners of the Lew- iston school fund for the time being. § 2. The commissioners of the Lewiston school fund shall not exceed three in number, and shall hold their offices for two yeare, and until others shall be appointed. In case of vacancies in the office of such commissioners, the vacancies shall be filled and all appointments hereafter be made by the governor and senate, in the same manner that other appointments are made. § 3. All such commissioners hereafter to be appointed, shall continue in office for two years and until others shall be appointed, unless in cases of appointment to fill vacancies, where the term shall expire with that of the other commissioners. § 4. Every person hereafter appointed a commissioner of the Lewiston school fund shall, before he enters on the duties of his office, give to the trustees of the corporation of the village of Lew. iston, a bond in the penalty of fifteen thousand dollars, with two or more sureties, conditioned that he shall faithfully execute the du- ties of his office — which bond shall be deposited with the clerk of the said corporation. § 5. The commissioners of the Lewiston school fund shall have power and it shall be their duty, 1. To sell or lease the lots of land in the village of Lewiston, belonging to the said fund, on such terms as they may judge most conducive to the interests of the fund : 2. To certify to the commissioners of the Land office, on receiv- ing payment for such sales, a description of the land sold, the price, the time when sold, the name of the purchasers, and that the con- aideration money and interest has been fully paid : 3. To loan all moneys which may come to their hands, belong- ing to the fund : 4. To take a bond on making such loans to themselves as such commissioners, secured by a mortgage on unincumbered real prop- erty, of at least double the value of the sum loaned, exclusive of buildings : 5. To collect all bonds and mortgages or other debts due to the fund : 6. To pay over to the trustees of common schools in the said Tillage, all moneys received by the commissioners for interest on loans or rent^ of lands belonging to said fund : 7. To keep suitable books and accounts of all matters relating to the management of said fund, which shall be open to the inspec- ti on of the inhabitants of the village at all reasonable times : and — 137 8. To deliver, at the expiration of their several oflSces, to the remaining commissioners or their successors in office, all the books and papers relating to said fund. § 6. Before the trustees of common schools in said village shall be entitled to receive such moneys from the commissioners, the trustees shall execute a bond to the supervisors of the town of Lew- iston, in such penalty and with such sureties as the supervisor shall approve, conditioned that the trustees shall faithfully apply such moneys towards the support of schools in the village of Lewiston, for the benefit of such of its inhabitants as shall have resided in the village at least six months ; and shall render a just aud true account of the expenditure of such moneys to the supervisor, when required. § 7. It shall be the duty of the trustees of the corporation of the village of Lewiston, in case of any breach of the conditions of the bond given by such commissioners, and of the supervisor of the town of Lewiston, in case of any breach of the conditions of the bond given by the trustees of common schools for the village of Lewiston, to sue for and receive on said bonds all damages which may have accrued by such breaches for the use of said schools. PART III. INSTRUCTIONS, DIGEST & EXPOSITION OF THE GENERAL LAWS EKLATINQ TO COMMON SCHOOLS. WITH FORMS, &o., FOR THE USE OF SCHOOL OFFICERS. CHAPTER I. OF THE SCHOOL FUND AND STATE TAX, AND THEIR APPOR- TIONMENT AND DISTRIBUTION AMONG THE SEVERAL COUNTIES, CITIES AND TOWNS. Common Schools in the several school districts of this state are free to all- persons residing in the district, over four and under twenty-one years of age ; and all children enumerated in the an- nual reports of the trustees of the several districts are legally en- titled to attend the schools of such district. Children whose pa- rents or guardians are non-residents of the district in which they may desire to attend school, may be admitted into such school, with the approbation in writing of the trustees thereof, or of a majority of them. If any terms of admission are intended to be imposed, other than those common to resident children of the district, such terras must be distinctly specified at the time of such admission : otherwise it will be presumed that the non-resident children so ad- mitted are to share in all the privileges of the school with resident children of the district. The capital of the common school fund, consisting of the pro- ceeds of the sales of all lands belonging to the state, is, by the con- gtitution, to be " preserved inviolate," and its revenues to be appli- ed to the support of common schools. This fund amounted on the 80th of September last, to S2,243,563.36 ; consisting of bonds for lands sold, and for loans, bank stock, state stock, &c., yielding an m annual revenue of about $135,000 for distribution among the sev- eral school districts. By chapter 237 of the Laws of 1838, the sum of $110,000 was annually appropriated from the revenue of the United States Deposite Fund, together with an additional amount of $55,000 for the purchase of district libraries. The aggregate amount therefore to be annually apportioned and distributed from the common school fund is $300,000. The constitution also provides that "the sum of twenty-five thousand dollars of the revenues of the United States Deposite Fund shall each year be appropriated to and made a part of the capital of the said common school fund ;" and by § 13 of chapter 382 of the laws of 1849, "whenever any money is paid into the treasury of the state for or on account of the com- mon school fund, it shall be the duty of the comptroller to credit the common school fund with interest on the sum so paid in, at the rate of six per cent, per annum, for the time the same shall remain in the treasury." By the " Act to establish Free Schools throughout the State," it is provided that there shall hereafter be raised by tax, in each and every year, upon the real and personal estate within this state, the sum of eight hundred thousand dollars, to be levied, assessed and collected in the mode prescribed by the revised statutes, relating to the assessment and collection of taxes, and when collected be paid over to the respective county treasurers, subject to the order of the state superintendent of common schools, who is required to ascertain the portion of said sum to be assessed and collected in each of the several counties of this state, by dividing the said sum among the several counties, according to the valuation of real and personal estate therein, as it shall appear by the assessment of the year next preceding the one in which said sura is to be raised, and to certify to the clerk of each county, before the tenth day of July in each year, the amount to be raised by tax in such county ; and it is made the duty of the several county clerks to deliver to the board of supervisors of their respective counties, a copy of such certificate, oa the first day of their annual session, and of the board of supervisors to assess such amount upon the real and personal estate of such county, in the manner provided by law for the as- sessment and collection of taxes. The state superintendent of common schools is required on or before the first day of January in every year, to apportion and divide, one-third of the sum so raised by general tax, and one- third of all other moneys appropriated to the support of common •chools, among the several school districts, parts of districts, and separate neighborhoods in this state, from which reports shall have been received in accordance with law, in the following manner, Tiz : to each separate neighborhood belonging to a school district in some adjoining state, a sura of money equal to thirty-three cents for each child in such neighborhood (between the ages of four and tWenty-one) ; but the sum so to be apportioned and paid to any 140 such neighborhood, is in no case, to exceed the sum of twenty -four dollars, and the remainder of such one-third is to be apportioned and divided equally among the several districts ; and the state superintendent of common schools is, by proper regulations and instructions to be prescribed by him, is to provide for the payment of such moneys to the trustees of such separate neighborhoods and school districts. It is also the duty of the state superintendent of common schools, on or before the first day of January, in every year, to apportion and divide the remaining two-thirds of the said amount of eight hundred thousand dollars, together with the re- maining two-thirds of all other moneys appropriated by the state for the support of common schools among the several counties, cities and towns of the state, in the mode now prescribed by law for the division and apportionment of the income of the common school fund ; and the share of the several towns and wards so ap- portioned and divided, is to be paid over, on and after the- first Tuesday iu February, in each year, to the several town superin- tendents of common schools, and ward or city officers, entitled by law to receive the same. When the census, or returns, upon which an apportionment is to be made, shall be so far defective, in respect to any county, city, or town, as to render it impracticable tor the superintendent to ascertain the share of school moneys, which ought then to be ap- portioned to such county, city, or town, he is required to ascer- tain, by the best evidence in his power, the facts upon which the ratio of such apportionment shall depend, and to make the ap- portionment accordingly ; and whenever, in consequence of the division of a town, or the erection of a new town, in any county, the apportionment then in force shall become unjust, as between two or more of the towns of such county, he is required to make a new apportionment of the school moneys next to be distributed amongst such towns, ascertaining by the best evidence in his power, the facts upon which the ratio of apportionment as to such towns, shall depend. He is also to certify each apportionment made by him, to the comptroller. Under these provisions the sum of $1,100,000 is annually to be apportioned by the state superintendent among the several counties, cities and towns, for the support of common schools ; of which the sum of $55,000 is to be applied to library purposes, and the residue exclusively to the payment of the wages of duly qualified teachers, in the mode prescribed by law. Treasurers of counties have no right to deduct from the amount of the school moneys apportioned to each town a commission of one per cent. They are unquestionably entitled to such a com- mission under § 26, 1 R. S. 370 on the moneys received and paid by them for the use of the common schools ; but they have no right to diminish the amount of the moneys placed in their hands for distribution, under an apportionment by the superintendent. Their commission is a charge upon the countj, »nd not upon the common school fund. — Com. School Dec, 379. 141 In addition to the funds thus provided by the general law, a large proportion of the towns are annually in the receipt of local funds, arising from the proceeds of the sales or leases of gospel and school lots belonging to such towns, reserved under an act passed in 1789, by the surveyor-general in the original allotment of town- ships ; from the appropriation of moneys remaining jn the hands of the overseer of the poor of towns in those counties'* in which the distinction between town and county paupers has been abolished, to the support oftlie schools, by a vote of the inhabitants at their annual town meeting; and in some instances from testamentary bequests and voluntary donations, for the benefit of common schools. In most of the cities of the state, too, as will be seen hereafter, large sums are directed by f'pecial acts to be raised for the support of the public schools. CHAPTER 11 TOWN SUPEUINTKNDENTS OF COMMON SCHOOLS. By the first section of chap. 133, Laws of 1843, the offices of Commissioners and Inspectors of common schools were abolished • and by the first section of chap. 480, Laws of 1847, it is provided' that thtre shall hereafter be elected in each of the towns of this state, at the same time and in the same manner that otlier town of- ficers are chosen, an officer to be denominated " Town Superin- tendent of commo;] schools." It is his duty, on or before the first Monday of November after his election, to execute to Ihe su- pervisor of his town and file with the town clerk, a bond, with one or more sufficient sureties, to be approved of by said supervisor by endorsement over his signature on said bond, in the penalty of double the amount of school money which his town received from all sources during the year preceding that for which he shall have been elected, conditioned for the faithful application and legal dis- bursement of all the school money coming into his hands during his term of office, and for the taitiiful discharge of all the iluties of said office. In case such bond shall not be executed and filed within the time herein specified, the ofiice of sucli Town Superin- tendent is to be deemed vacant, and such or any other vacancy is to be filled by any three Justices of the Peace o*f' Wi^ same towrf by a warrant under their hands and seals ; and the persons so arw pointed are, (by the provisions of g 14, chap. 382, Laws of 1849 ) to hold their offices until the first Monday of November following the next annual town meeting. The justices making such appoiat- ment are to cause their warrant to be filed with tlie town clerk and to give immediate notice to the person appointed, ' 142 If there are less than three justices residing in the town ia which such vacancy occurs, the resident justice or justices may as- Bociate with themselves one or more justices from any adjoining town. 1 Rev. St. 398, § 56. Every town superintendent is required on the execution of his bond, as above* provided, to enter upon the duties of his office on the Jirst Monday of November succeeding his election, and is to hold his office for two years thereafter ; and whenever the office of town superintendent shall be vacant for any cause, or before the time of the annual town meeting, shall be held by a person ap- pointed by the Justices as above provided, the electors of the town at such town meeting are I'equired to choose a town superintend- ent to fill such vacancy or to supercede such appointee ; and the person so elected is to enter upon the duties of the office on the first Monday of November following his election, and to hold his office for the term of two years, In the interim between the town meeting and the first Monday of November following, the office is to be filled by appointment bj the Justices. Town superintendents are declared by law to be ineligible to the offices of Trustee of School District, Supervisor, or Town Clerk. The powers and duties formerly by law conferred upon the trustees of the Gospel and school lots in the several towns of the state, are, by the first section of chap. 186, Law:s of 1846, vested in and to be exercised by town superintendents. Town superintendents ai'e entitled to receive Si, 25 per day for every day actually and necessarily devoted by them, in their offi- cial capacity, to the service of the town in which they are elected, to be paid in like manner as oiher town officers are paid. Town superintendents are required, immediately after the com- mencement of their official term, to report their names and post of- fice address to the Department. The various powers and duties appertaining to the office of Town Superintendents, may be arranged under the following heads : 1st. The formation and alteration of districts. 2d. The apportionment and payment of public money. 3d. The inspection and licensing of teachers, and the visitation and supervision of schools. 4th. The making and transmission of their annual reports. 5th. The collection of certain penalties and forfeitures. 6th. Miscellaneous duties under various provisions of law. I. OF THE FORMATION AND ALTERATION OF SCHOOL DISTRICTS. By the 43d section of the act of 1847, above referred to, it is provided that " in the erection or alteration of a school district, the trustees of any district to be affected thereby may apply to the su- pervisor and town clerk to be associated with the Town Superin- tendent ; and their action shall be final unless duly appealed from. The compensation of the supervisor and town clerk, when thusas- Bociated, shall be the same as that of the Town Superintendent." The various remarks under this head will therefore be applicable as well to the action of the town supervisor, superintendent and clerk, when associated together by virtue of this provision, as to that of the Town Superintendent alone; although for the sake of brevity and simplicity the latter only is referred to. It is proper, however, in this connection to advert to the general duties of the town clerk, in his capacity as clerk to the Town Su- perintendent, independently of the provision above cited. By the 32d section of the school act (No. 00) he is required " to receive and keep all reports made to the Towri Superintendent from the trustees of school districts, laiid all the books and papers belonging to the Town Superintendent when required, and to file them in his office ; to receive all his estimates and apportionments of school money, and to record the same in a book to be kept for that pur- pose ; and to notify the Town Superintendent, upon receiving no- tice from the county clerk, that he has not made his annual report, for the purpose of making such report." Consent of Trustees, and Notice of Alteration. By the 45th section of the school act (No. 71) it is provided that " no alteration of any school district made without the consent of the trustees thereof, shall take effect until three months after notice in writing shall be given by the Town Superintendent, to some one or more of such trustees. Nor shall any alteration or regulation of an organized school district he made to take effect between the first day of December in any one year, and the first day of May following." As the principal portion of the inh;ibited territory of the state has already been sub-divided into school districts, every formation of a new district will, to a greater or less extent, involve some al- teration in districts previously existing. The consent of a majori- ty of the trustees, therefore, of each district affected by such alter- ation, or a written notice thereof, to some one of such trustees, is in all cases indispensable to the validity of the proceeding. In the absence of such consent, the order of the Town Superintendent is, to use a legal phrase, inchoate, or in abeyance, until the expiration of three months after service of the notice required by law ; and the districts to be affected by the proposed alteration remain, for all district purposes, in their original condition, the same as tliough no action whatever had been had. All alterations made between the first day of December in any year, and tlie first day of May ensuing, should specify on their face that they are to take effect on or after the first day of May,aud if after at what time. The law has not prescribed any specific time within which the notice of the alteration must bo given, where the consent of trus- 144 tees has been withheld ; but it is obviously proper that such notice should be given at the time of the alteration, or as soon thereafter as^may be practicable. A notice at any subsequent period would undoubtedly, however, be valid, and would amount to a republica- tion of the order of the Town Superintendent ; and at the expira- tion of three months from^ the service of such notice, the alteration would take effect. The consent of the trustees, when given, would appear from the record of the alteration, but in the absence of such proof, it may be established by other testimony. "Whenever any portion of the inhabitants or territory of one dis- trict is annexed to another existing district, the consent of a major- ity of the trustees of each district must be procured, or the notice required by law must be given. The consent of trustees to a proposed alteration in their district may be given either verbally or in writing ; and it has even been held that their joresence at the time of alteration, with full knowl- edge of the fact of such alteration, amounts, in the absence of any oljection on their part, to a consent. — Oom. School Dec. 59. Persons attached to a district without the consent of trustees, may be transferred to another district at any time prior to the ex- piration of three months, and such new transfer amounts to a virtu- al abandonment of the original order. The consent of trustees to an alteration in their district must in all cases have reference to the specific alteration proposed, and can not be general and unlimited. — Com, School Dec. 30. The provision requiring the consent of trustees to detach persons from their district, and holding them three months without such consent, was made for the benefit and protection of the trustees, to whose injury the alteration might operate. For instance, trustees might have made contracts and incurred responsibilities which would operate oppressively, if some of the most wealthy were de- tached before they had time to collect the tax. And to carry this intention into effect, the act should be benignly and favorably con- strued for the protection of the trustees. — Id. When the supervisor and town clerk are associated with the Town Superintendent in the formation or alteration of any dis- trict, a majority of the Board may make the requisite order. Notice for the organisation of a new District, Whenever any school district is formed in any town, it is the duty of the Town Superintendent, within twenty days thereafter, to prepare a notice in v/riting, describing such district, and appoint- ing a time and place for the first district meeting, and to deliver such notice to a taxable inhabitant of the district, who is bound to notify every other inhabitant of the district, qualified to vote at district meetings, by reading the notice in the hearing of each such inhabitant, or in case of his absence from home, by leaving a copy thereof, or of so much thereof as relates to the time and place of such meeting, at the place of his abode, at least six days before the tirae of the meeting. In case such notice shall not be given, or the inhabitants of a district shall refuse or neglect to assemble or form a district meeting, when so notified ; or in case any such district, having been formed and organized in pursuance of such notice, shall afterwards be dissolved, so that no competent authority shall exist therein, to call a special district meeting in the manner hereinafter provided ; such notice must be renewed by the Town Superintendent, and served in the manner above described.— 54— 56. (Nos. 76—78.) Tlie notice here required to be served on each voter in the dis- trict by the inhabitant to whom the Town Superintendent delivers the notice prepared by him, need not contain the description of the district referred to in the 54ih section. It is sutficient if it specify the time, place, and general object of the meeting. " It is neces- sary for the person notifying the inhabitants to have the district described, that he may know whom to notify. The inhabitant notified has no necessity for knowing who else is notified. The notice is to him as an individual. The same section defines the extent of this notice to individuals by saymg, when the person is absent from home, he is to be warned by leaving at his place of abode a copy of the notice, or of so much thereof as relates to the time and place of meeting. This is clear and conclusive. It could not be necessary that a personal notice should be more full and particular than is required of a notice left in the absence of the person notified." — Per Flagg, Sup't. Com. School Dec. 18. If in consequence of the refusal of the trustees of the district or districts, from which a new district is formed, to consent to the proposed alteration, such new district cannot go into operation until after the expiration of three months from the service of notice of such alteration, the notice for the first meeting must be deferred until the expiration of such time ; or at least must specify a day subsequent thereto for the holding of such meeting. Where a meeting has been held and officers chosen under a notice given by the Town Superintendent, in the mode prescribed by law, a second notice for such organization cannot be given under the pretence that the proceedings of such first meeting were in- valid or irregular. — Com. School Dec. 176. On the formation of a new district, if notice for the first district meeting is not given within twenty days, it may be given subse- quent to the expiration of that period : the provision requiring the notice to be given within that time being directory merely. — Id.S58. By § 50 of the school act, as amended by chap. 382, Laws of 1849, it is provided that "when two or more districts shall be consolidated into one, the new district shall succeed to all the rights of property possessed by the districts of which it shall be com- posed, and when a district is annulled and portions thereof are annexed to other districts, the property of the district so annulled shall be sold by the town superintendent of the town in which the school house is located, at public auction to the highest bidder 10 146 therefor, after at least five days public notice by notices posted in three or more public places in said town, one of which shall be within the district so annulled, and the proceeds of such sale shall be first applied so far as requisite, to the payment of any just debts due from the district so annulled, and the residue thereof shall be apportioned among the taxable inhabitants of the district so annulled in the ratio of their several assessments upon the last corrected assessment roll of the town or towns with which such district is located." "Where there are any moneys in the hands of the officers of a district that is or may be annulled, or belonging to such district, the Town Superintendent of common schools of the town may demand, sue for, and recover the same, in their name of office, and is required to apportion the same equitably between the districts to which the several portions of such annulled district may have been annexed, to be held and enjoyed as district property. — Id. § 52, (No. 74.) The former provisions of law, authorizing the sale and appor- tionment of district property whenever a new district was formed from one or more districts possessed of a school house or other property, has been repealed : and no such sale or apportionment can take place except in the case of a dissolved district, as above specified. Formation or alteration of Joint Districts. By § 44, (No. 70) of the school act, it is provided that " when- ever it may be necessary or convenient to form a district out of two or more adjoining towns, the Town Superintendents of each of such adjoining towns or the major part of them may form, regulate and alter such districts." In accordance with the spirit of this provision, and of the adju- dications under it, it is conceived that the assent of the Town Su- perintendent, either singly, or if the supervisors or town clerk are associated with him, of a majority of the officers of each of the towns from which a joint district is partly composed, is essential to the validity of any order forming or altering such joint district. In the formation of joint districts, the Town Superintendents, &c., represent their respective towns, and the rights of those whom they represent cannot be voted away by officers representing the inhab- itants of another town. The principle has been settled by the de- cisions of Messrs. Flagg, Dix and Young, Superintendents, against the dissenting opinion of Mr. Spencer, that the law does not authorize the question of the formation or alteration of a joint district, to be settled by a joint ballot of the officers representing the several towns, from parts of which it is, or is proposed to be, composed. See Com. School Dec, 23, 174. The moment a single district becomes joint, the action of the proper officers of all the towns of which it is a part is indispensable to give validity to any alteration in its boundaries ; and such alter- ation, whether its effect is to change a joint to a single district, or to continue the joint district, can be made only by the concurrence of the 7'epresentatwes of each of the toions interested. This con- struction is in entire accordance with the whole tenor of the Su- perintendent's decision ; and if it is not clear from the language of § 44 that such is the true meaning of that section, all doubt on this point will be dispelled by reference to § 46, which provides for the case of a refusal on the part of the proper officers of one town to act with those of another, for the purpose of altering a joint dis- trict." Per Dix Sup't. Oom. School Dec. 174 ; modified in confor- mity to the existing provisions of law in reference to the proper officers to form, regulate and alter districts. At pages 248 and 253 of the same volume, the same principle is again distinctly recog- nized and enforced by the same Superintendent. " The consent of the trustees of a joint district to an altei'ation does not author- ize the proper officers of one town to make it without the concur- rence of those of the others of which it may be composed, ^ach town of which the district is a part, is concerned in its preserva- tion, and it is only with the consent of the official authority of each town that its boundaries can be enlarged or diminished, excepting when the proper officers of one town I'efuse or neglect to meet those of the others when their attendance has been required." By § 46, fNo. 72) above alluded to, it is provided that where the Town Superintendent of common schools of any town shall re- quire in wn'iting the attendance of the proper officers of any other town or towns, at a joint meeting, for the purpose of altering a school district formed from their respective towns, and a major part of the officers notified shall refuse or neglect to attend, those in attendance may, by a majority of votes, call a special district meeting of such district, for the purpose of deciding on such pro- posed alteration ; and the decision of such meeting shall be as val- id as if made by the proper authority of all the towns interested; but shall extend no further than to dissolve the district formed from such towns. The effiict of such a dissolution would be to cause the inhabitants and territory of each of the towns from parts of which the joint district had been composed, to revert under the separate jurisdiction of the proper officers of the respective towns, who might make such disposition of them as they should deem most expedient and proper. Single districts are frequently transformed into joint districts by operation of law, on the division of towns and counties, or the al- teration of their boundaries. A district intersected by the line of division between a new town and the town from which it was ta- ken, becomes a joint district, and is thereafter subject to the prin-, ciples and provisions of law applicable to joint districts. Although the joint action of the requisite legal authority of all the towns from portions of which a joint district is composed, i& necessary to any alteration of such district, yet where such altera-^ tion involves the dissolution of the joint district, the powers of the joint board cease with the order for such dissolution, and the prop- er officer? of each of the towns resume their jurisdiction over the inhabitants and territory belonging to their town. The co-opera-^ tion of the other members of the joint board, in such sobsequent proceedings, although unnecessary and irregular, would not, how- ever, it is presumed, vitiate the proceedings. In the formation or alteration of joint districts, a joint hoard must in all cases be formed. The officers of one town cannot con- cur in the proceedings of those of another, at a subsequent period. They have no power to act, either separately or by proxy. They can neither give their consent beforehand to what their colleagues may do, nor can they afterwards in any mode render that validy which was before illegal and void. General Principles applieahle to the Formation and Alteration of Districts. The great aim of the officers to whom this duty has been confi- ded should be to form, as far as may be practicable, permanent and efficient districts, competent both in respect to taxable proper, ty and number of children, to sustain good schools for from eight to ten months of each year, and affording all requisite facilities for the regular attendance of all the children entitled to participate in the benefits of the school. Whenever alterations may become necessary or expedient, the utmost care should be taken to secure the general co-operation of the inhabitants interested, and to avoid all those sources of conten- tion and discord which are so fatal to the prosperity, harmony an(J efficiency of the district. It is better to submit to many temporary and local inconveniences, than to hazard the disastrous results which almost uniformly follow any general dissatisfaction with con- templated alterations, even though such alterations may upon the whole be judicious and advantageous. " The good sense of a dis- trict may be relied upon, to perceive ultimately its true interesty and the loss of time in attaining the desired end is unimportant when compared with the consequences of defeating the wishes of a decided majority," or even of a respectable minority "of a dis- trict." School districts must be composed of contiguous territory ; and it has been decided that when a person is set off from one district to another, and there are lands between the farm so set off and the district to which it is annexed, such intermediate territory passes to the latter. In his annual report to the legislature for the year 1843, the Superintendent, ( Col. Young, ) observes, " One of the most formidable obstacles to the efficiency of our common schools is believed to be the uncessary multiplication and subdivision of" districts. In those portions of the state where the population is scattered over a large extent of territory, the convenience and ac- commodation of the inhabitants, require the formation of districts comprising a small amount of taxable property, applicable to the support of schools and a limited number of children. But where an opposite state of things exists, the interests of educa- tion will be most effectually promoted, by assigning to each district the greatest extent of territory compatible with securing to the children the requisite facilities for their regular attendance at the schools." In a case coming before him on appeal, in 1835, Gen. Dix observes in reference to this subject : " Almost all the existing evils of the common school system have their origin in the limited means of the school district. The tendency is to subdivision and to a contraction of their territorial boundaries. This consequence must follow in some degree from the increase of population , but the subdivision of school districts tends to advance in a much greater ratio. The average number of children in our school dis- tricts is about fifty-five. No school district should number less than forty children between [four and twenty-one years] of age. From the observations he has made, the Superintendent deems it due to the common school system, that no new district shall be formed with a much smaller number, unless peculiar circumstances render it proper to make it an exception to the general rule. In feeble district*, cheap instructors, poor and ill furnished school-houses, and a general languor of the cause of education are almost certain to be found."— Com. School Dec. 220. II. APPORTIONMRNT AND PAYMENT OF PUBLIC MONET. By subdivisions 5, 6 and 7 of § 8 of the school act (No. 33) it is made the duty of the Town Superintendents " To apply for and receive from the county treasurer, all moneys apportioned for the use of common schools in their town, and from the collector of the town, all moneys raised therein for the same purpose, as soon as such moneys shall become payable, or be collected, and to appor- tion the school moneys received by them, on the first Tuesday of April, in each year, among the several school districts, parts of districts, and neighborhoods separately set off, within their town, in proportion to the number of children residing in each, over the age of four and under that of twenty-one years, as the same shall have appeared from the last annual reports of their respective trustees. If they shall have received the school moneys of their town, and all the reports from the several school districts therein, before the first Tuesday in April, they shall apportion such moneys as above directed, within ten days after receiving all of the said reports and the said moneys." The practice of making two divisiont of the public money among the districts in the course of the year, is contrary to the express provision of the statute. The sixth subdivision of section 8 (No. 33) makes it the duty of the Town Superintendent to apportion the school moneys received by him on the j^rs^ Tuesday of April in each year ; and by the 7th subdivision of the same section, if he have received reports from all the districts before that day, he is to divide the money within ten days after receiving all the reports and the money. The annual reports of the trustees of the several districts are, as will be seen hereafter under the appropriate head required to be made and transmitted to the Town Superintendent, between the first and fifteenth of January in each year ; and the public money irom all sources is payable immediately after its receipt by the county treasurer on the first of February. If, therefore, the reports of the respective trustees are made within the time pres- cribed by law, ample opportunity will be afforded to the Town Superintendent to point out all errors and deficiencies in them, and to enable the trustees either to make the necessary corrections or apply to the department for relief, before the apportionment is finally made. In making the apportionment, the Town Superin- tendent is first to assign to each district, from which the necessai-y report has been received, or which is entitled to share in the appor- tionment, its proportion of the public money received from all sources, according to the number of children between the ages of four and twenty-one, designating the respective proportions of teachers' and library money belonging to each district. The pro- portion of library money to be apportioned to each district, may be ascertained by setting apart five dollars out of each hundred or five per cent of the whole amount apportioned to each district. The teachers' money is to be paid over "on the written order of a majori- ty of the trustees of each district, to the teachers entitled to receive the same." It will therefore be incumbent on the Town Super- intendent to satisfy himself, both of the genuineness of the order and that the person presenting it has the certificate of the trustees that he is or was a teacher of the district, and duly qualified ac- cording to law. In order to entitle a district to its share of teach- ers' money, it must appear from its annual report, " that a school had been kept therein for at least six months during the year, ending at the date of such report, by a qualified teacher," after obtaining a certificate of competency from the proper authority j that all the teachers' money received during the year has been expended in the payment of such teacher ; " that no other than a duly qualified teacher had at any time during the year for more than one month been employed to teach the school in said district ; " and such report must, in all other respects, be in accordance with law, and the requisitions and instructions of the Superintendent, made in pursuance of law. In other words, it must be in the form prescribed by the Superintendent, and must contain all the inform- ation required by law and by the department to be given. The library money is to be paid over to, or on the order of, a majority of the trustees, on its appearing from the annual report 151 that " the library money received at the last preceding apportion- ment was duly expended according to law, (in the purchase of books suitable for a district library, or in the purchase of maps, globes, black-boards, or other scientific apparatus for the use of schools, in the cases and in the mode presci'ibed by law, or for teachers' wages, with the assent of the state superintendent, on or before the first day of October subsequent to such apportionment." The report must uniformly be accompanied with a catalogue of the books or apparatus purchased since the last preceding catalogue, and must state accurately the number of volumes and their con- dition ; and when the money has been expended in the purchase of apparatus, &c., or for teachers' wages, the authority under which such expenditure has been made, and a full and particular inven- tory of the articles purchased, must be specifically reported. By chapter 257 of the Laws of 1829, in those counties where the distinction between town and county poor is abolished, the in- habitants of towns having any funds in the hands of their over- seers of the poor, may appropriate all or any part of such funds to such purposes as shall be determined at an annual or special town meeting. If appropriated for the benefit of common schools, it is made a fund for that purpose, and is placed under the charge of the Town Superintendent of common schools of the town. The interest is to be applied " to the support of common schools." But the town may, at an annual meeting, direct the whole principal, as well as the interest, to be applied for the benefit of common schools. [ CD. [l. s.] J E. F. [l. s ] (Endorsement.) " I hereby approve of C. D. and E. F. as sure- ties to the within bond." J. K. 2. FORM OF A RESOLUTION CREATING A NE"W DISTRICT. At a meeting, &c. Resolved, That a new school district be formed, to consist of [the present Districts Nos. 1 and 2 ; or of the present District No. 1 and a part of District No 2 ; or parts of Districts No. 1 and No. 2, as the case may be.] which said new district shall be num- bered [23,] and shall be bounded as follows : [on the north by the north tine of the town of Trenton : on the east by the east- erly line of the farms and lots of land now occupied by Thomas Jones, William Thomas, &c. : on the south by the south line of lots No. 56, 57 and 58, as designated on the map of said town : and on the west by the westerly line of the farms and lots now oo*- cupiee by A, B, C, D, &,c.] The formation of the aforesaid district, mvolving an alteration of District No. [1 and No, 2,] the consent of the trustees of the said districts to such alteration has been presented to the Town Superintendent, and filed with the town clerk. [Or, if such con- sent has not been given, the following entry should be made : The formation of the aforesaid district, involving an alteration of dis- tricts No. 1 and 2, and the consent of the trustees of District No. ] to such alteration not having been given, it is ordered that a no- tice in writing of the said alteration, signed by the Town Super- intendent, be served on one of the trustees of the said district.] If the order is made between the first day of December, in any year, and the first day of May thereafter, the following clause should be added, viz : " This order will take effect on the first day of May next, [or on some subsequent day to be specified.] 2. The consent of the trustees of the altered districts may be given by endorsing it on a copy of the order, as follows : We hereby consent to the alteration made in District No. 2, in the town of Trenton, by the order of which the within is a copy. Dated, &c. A B 'i r.' rk ' Trustees of district 172 This consent, like all other acts of trustees, should be given at a meeting of the whole, or a majority, when all have been notified to attend. The statute does not require it to be in writing; but it is advisable to prevent disputes, that a written consent should be filed with the town clerk. 3. FORM OF NOTICE TO TRUSTEES NOT GIVING THEIR CONSENT TO AN ALTERATION OF THEIR DISTRICT. The Trustees of District No. 1, in the town of Trenton will take notice that an order was made this day by the Town Super- intendent of Common Schools of the said town, of which the fol- lowing is a copy, by which certain alterations in the said district are made, as will appear by the said order; and that such altera- tions will take effect after three months from the service of this notice. [If the expiration of the three months occur between the first day of December and May, then some day subsequent to the to the thirtieth of April should be specified.] Dated, &c. G. H., Toion Superintendent of Common Schools of the town of Trenton. [Here insert copy of order of Town Superintendent.] This notice may be served on any one of the trustees ; and it will be found usetul to have an acknowledgment of the service by the trustees receiving the notice, endorsed on a copy of it and, filed with the town clerk. 4. NOTICE OF THE FIRST MEETING IN A DISTRICT TO ORGANIZE. This is required by law to be given within twenty day, aftet the formation of any district. If the consent of the trustees of the districts interested, has been given to the alterations covered by the order, then the notice should be for a day as early as may al- low sufficient time for general information. But if it be necessa- ry to give notice of the alterations to the trustees of any district, then the notice for the first meeting should specify a day subse- quent to the expiration of three months after service of the notice of alteration, because the district cannot organize until after that time. The notice may be in the following form : To , a taxable inhabitant of District no 23, in the town of Trenton. The town Superintendent of Common Schools of the town of Trenton, having by an order, of which the following is a copy, formed a new district in the said town to be numbered 23, con- sisting of the territory particularly specified in the said order ; you are hereby required toTiotify every inhabitant of the said dis- trict qualified to vote at district meetings, to attend the first dis- trict meeting of the said district, which is hereby appointed to be beld at the house of in the said town, on the day of next, at 6 o'clock in the afternoon, by reading this noti«« 173 in the hearing of each such inhabitant, or in case of his absence from home, by leaving a copy of this notice, or of so much there- of as relates to the time and place of such meeting, at least six days before the said time so appointed for the said meeting. Da- ted, &c. A. 8., Toicn Superintendent of Common Schools of the town o/" Trenton. A copy of the order forming the district should be annexed to this notice, as the most convenient modeof describing the district, and most likely to prevent errors. The inhabitant serving the notice should keep a memorandum of the names of the persons notified by him, specifying the man- ner of notifying, whether by reading or leaving a copy, or the sub- stance of the notice, at the place of abode of any absent voter ; and this memorandum, certified by him, should be delivered lo the chairman or clerk of the district meeting and read, that it may be ascertained whether notice has been duly given so as to justi- fy the voters in proceeding to the transaction of business ; and the origmal notice and return should be filed with the district clerk, as evidence of the regularity of the organization. 7. FORM OF A RESOLUTION FOR THE ALTERATION OF A DISTRICT. At a meeting of, &c., Resolved, That districts nujnber I and number 2, in the said town, be altered as follows, viz: by setting off the farms and parcels of land occupied by Johji Broion, Thomas Jones, and William Richards, from District number one, in which they have heretofore been included to District number two ; so that the east boundary of District number one shall be the easterly line of the farms and parcels of lands occupied by A. B. C. D. &,c., and the westerly boundary of district number two shall be the westerly lines of the farms and parcels of land occupied by the said John Brown, Thomas Jones and William Richards ; the said John Brown having consented to be set off as aforesaid. The written consent of the trustees of the said districts number one and two, having been presented to the Town Superin- tendent, is filed with the town clerk ; [or. The consent of the trustees of the said districts respectively, (or of district No. I or 2, as the case may be,) not having been given to the said altera- tion, it is ordered that a notice in writing of such alteration signed by the Town Superintendent, be served on some one of the trustees of each of the said districts, (or of district No. 1 or 2.)] In the above form, it will be seen that the new boundaries of the districts, caused by the alteration, are given. This is deemed very necessary in order to prevent all mistake or ambiguity, and to preserve a continual record of the actual bounds of the districts. If any of the persons set off consent to the alteration, it should be stated, so that the trustees may know whether he is taxable for buildiflff a school-house. 174 The consent of trustees to the alteration, and in case of their not consenting, the notices to them, will be as before given under the 2d and 3d heads. 8. PROCEEDINGS IN THE FORMATION OR ALTERATION OF A JOINT DIS- TRICT, FROM TWO OR MORE TOWNS. The proceedings in the formation of a joint district will be in all respects similar to those previously given in relation to ordi- nary cases, with the following additions : As there is no clerk assigned by law to the joint meeting, the officers present should sign the proceedings. The caption should give the names of the towns to which the Town Superintendents belong ; and the resolutions should be re- corded in each of those towns. 9. FORM OF CERTIFICATE TO TEACHER BY TOWN SUPERINTENDENT. I hereby certify that I have examined A. B. and do believe that he [or she] is well qualified, in respect to moral character, learn- inor and ability, to instruct a common school in this town for one year from the date hereof Given under my hand at this day of 18 C. D., Town Superintendent of Com- mon Schools for the town of 10. FORM OF INSTRUMENT ANNULLING A TEACHER-'s CERTIFICATE. Having enquired into certain complaints against A. B., hereto- fore licensed as a teacher of common schools of said town, and being of opinion that he, the said A. B., does not possess the re- quisite qualifications as a teacher, in respect to moral character, [or " in respect to learning," or " in respect to ability in teach- ing," as the case may be,] and having given at least ten days pre- vious notice in writing to said teacher, and to the trustees of the district in which he is employed, of the intention so to do, I have annulled and hereby do annul the said certificate and license so granted as aforesaid. Given under my hand this day ot 18 C. D., Toion Superintendent of Common Schools. As a note in writing, containing the name of the teacher, and the time when his certificate was annulled, must be filed in the town clerk's office, to give it effect, the most convenient and ef- fectual mode of complying with the law, will be to make out, sign and file a duplicate of the instrument itself 11. FORM OF THE ANNUAL REPORT OF THE TOWN SUPERINTENDENT OF COMMON SCHOOLS, TO BE MADE TO THE COUNTY CLERK. I, A. B. Town Superintendent of common Schools of the town of in the county of in conformity with the statutes in relation to common schools, do report : that the number of en- 175 tire school districts in said town, organized according to law, is [^eight,^ and that the number of parts of school districts in said town is [Jive'] ; that the number of joint districts, the school-hous- es of which are situated wholly or partially in said town, is \_tliree] ; that he number of entire districts from which the necessary re- ports have been made for the present year, within the time limit- ed by law, is [^eight,'] and the number of parts of districts from which such reports have been made is [Jive.'] That the number of schools for colored children taught by said town during the year aforesaid, for six months or upwards, by a duly qualified teacher, was \_two.] And I do further certify and report, that the whole amount of money received by me, or my predecessors in office, for the use of common schools, during the year ending on the date of this re- port, and since the date of the last report of said town, is § of which sum the part received from the county treasurer is -S the part from is S and that we have collected the sum of for penalties (if any has been collected) [and if there be any other source from which any part has been received, here state it particularly.] That the said sum of money has been ap- propriated to the several districts from which the necessary re- ports were received, for the purposes and in the proportion follow- ing, viz : the sum of § for the payment of teachers' wages, and the sum of $ for the purchase of district libraries. That of the monies so apportioned, there has been paid over to or on the order of the trustees of the several districts entitled theveto, the sum of dollars and cents for teachers' wages, and dol- lars and cents of the library money ; and that the balance of said monies so apportioned and not paid over, is now in my hands amounting in the aggregate to dollars and cents, and ready to be paid according to law. That the sum of S was appor- tion by me to district No. for colored children in said dis- trict between the ages of four and 21 years, who have attended a school in district No. in said town, by a duly qualified teacher, for six months during the preceding year ; and k to district No. for colored children attending in said district ; and that I have deducted the said several amounts from the sums by me apportioned to the said districts No. and respectively. And I further certify that during the year before mentioned, I have not collected any fines, penalties or forfeitures : [or. And I further certify that during the year before mentioned, I have col- lected a penalty of S25, imposed on A. B. a trustee of district No. in said town, for signing a false report ; and that my costs and charges in such collection amounted to S ; and the balance of such penalty "was by me added to the school money received by me and apportioned as above mentioned.] That the school books most in use in the common schools of said town are the following, viz : [here sjiecify the principal books reported by the several trustees.] And I further certify the tables following, 176 to be true abstracts from the reports of the trustees of the several districts and parts of districts as aforesaid : ^_ js a ,„ q3 1 Amount of money re-j w ^ -^ ■„ a Whole len 0-th of [jeniarth of time ceived by districts. % *^ §.2 time any has been school kept 3Vich school has seen kept by li- For teach- 1 For Libra- 00 rt- +^ s^ -i S CJ -4-3 1-^ ,0 therein. censed teachers, ers wages | ries. j P No. . . . -t^ --C r^ >• Dols. Cts. Dols. Cts. Montlis, Days. Months. Days. 3 1 6 10 SO. 5 15 2 4 4 17 88. 8 94 a 3 8 12 8 12 15 76. 1 88 ai 4 s 4 21 51. 10 16 s 5 6 6 21 21. 10 62 H 6 4 4 16 06. 8 04 F 7 4 4 11 51, 5 16 8 9 10 12 4 10 6 14 54. 1 27 9 10. 4 85 9 III 03 s 3 10 6 3 4 55.| 2 21 11 6 6 8 48. 4 24 Si^ 12 3 5 3 5 8 18. 4 09 S3 13 8 8 8 79. 4 S9 Total, 13 1 83 35 1 65 23 168 41 84 26 [Continuation of Table on next page.'] 177 •Xouoiu oil -qnd sopisaq 'spotps pe-ioioo in ssSkai ,8.i3qoT3o:j 10} pi«d lunouiy •sjooq^s i{ons jo ^unoooB uo P3AI003.1 ^Duoiu oijqncl JO :)iin()iuv •spoips e U93jtt.()3q ua.ipiiqo jo .loqum;^ sip pitjs ui 'sjooqos e^BAud puB po|8s pa^jBJod.ioonum jo aequin^ •saiJBAi. ejaqoTJa^ loj 8i|iq a'jBj Xq pasiBJ ^unoray •quopua:jui.i3dns um-O} £q ^a^oadsai saiuii jo aoqiun^ ■eiooips pii3s Sui pnaj^T? ejidnd jo jsqiunu aS^.toA y pnu •dSv JO sjuaiC X5 Japun f a3Ao uajpijqo jo jaquin^ saoi^diuaxa qons jo sasiiad -xa aq^ £vd o'j pasre.i ^unouiy •s^aa-iTsd jo aonoSipni jo :junoD OB uo pa!jdu3axa najpiiqo jo "o^ •sasodjnd jaq^o •sn^jB.iBdd'B {ooqos pun ejfooq JO asBqojnd 'asBO jfoog a;B.i m saiouapyap SniXiddng l^M •saenoq ^ooqos Jouunsuj •sosnoq poqos SoiJiBday •sasnoq jooqos Sai.iijj ■sasnoq poqos Suipjin^ •sa'jis asnoq {ooqos i5uis'U[(ojnri •sq'^uoui aApAvj^ OApAi.? oBq^ ssa{ putj eq^aoui na^^ •uai iiuq; ssa^ put; sq^uom }^S^'^ "\T\S\9 nvi[\ 88a[ puB sq:jnoui xig •XI8 nm{% esa^ puB sq^aoui .mo^ •jnoj aB({^ ssa{ puB Bq-juooi om-J^ •Bqctuolu z u'Bq^ ssa^ papna; -%v BABq oqAi. ua.ip[!qo jo .laqum^ •jtl^nB^ uajpiiqo jo aaqmn^ pu'jsTp 01 •sauB.iqq earanioA jo jaquin^ •spi-qsip JO o^ 1^ i" - a . |<1 -a to ^ •BxoiHxsia so siavj 12 i7fe CHAPTER III. POWERS AND DUTIES OF INHABITANTS OF SCHOOL DISTRICTS. By § 65 (No. 87) of the school act, it is provided that " an annual meeting shall be held at the time and place previously appointed ; and at the first district meeting, and at each annual meeting, the time and place of holding the next annual meeting shall be fixed." Annual meetings need not be precisely one year apart. The time may be a few days or weeks more or less than a year, if the inhabitants think it necessary. For instance, an annual meeting held on the^rs^ Tuesday of October may be adjourned to the second Tuesday of October of the next year. The propriety of the. act in every case must depend upon the circumstances attending it. No .Teneral rule as to the extent of the variation from a year can belaid down as applicable to all cases. — Com. School Dec, 289. It is proper, however, to observe, that as by the act of 1843 one trustee only is hereafter to be annually elected, who holds his office for three years, and as in case of a vacancy, such vacancy is to be supplied only for the unexpired term left vacant, the variations i«n the time of holding the annual meeting ought not to exceed three or four weeks. The time from one annual meeting to another must always be considered and treated as one year. By § 66 of the act of (No. 88,) " Whenever the time for hold- ino- annual meetings in a district, for the election of district officers shall pass without such election being held, a special meeting shall be notified by the clerk of such district to choose such officers ; and if no such notice be given by him or the t^-ustees last elected or appointed, within twenty days after such time shall have passed, any inhabitant of such district qualified to vote at district meetings, may notify such meeting in the manner provided by law in case of the formation of a new district ; and the officers chosen at any such special meeting, shall hold their office until the time for hold- ing the next annual meeting." By § 67 of Laws of 1847, (No. 89,) "When the clerk, and all the trustees of a school district, shall have removed, or otherwise vacated their office, and where the records of a district shall have been destroyed or lost, or where trustees neglect or refuse to call meetings to choose trustees, the Superintendent of Common Schools shall have authority to order such meetings." By § 68 fNo. 90,) " When in consequence of the loss of the records of a school district, or the omission to designate the day for its annual meeting, there shall be none fixed, or it cannot be ascertained, the trustees of such district may appoint a day f6r holding the annual meeting of such district." If an annual meeting is held at the time and place appointed at or adjourned from the annual meeting of the preceding year, the proceedings will be deemed valid, notwithstanding the omission of the clerk to give the notices prescribed by law. 179 Where the place and time of day for holding the annual meet- ing are not designated by the inhabitants, the usual place and time of day for holding such meetings will be understood, and the notices of the clerk siiould correspond thereto. When assembled, the inhabitants may adjourn to any other convenient place ; but the clerk cannot, in his notices for the annual meeting, designate any other than the usual place for holding such meeting, where the in- habitants at their last annual meeting omitted to specify any place. — Com. School Dec. 129, 141. The law has not specified what number of inhabitants shall constitute a quorum for the transaction of business at a district meeting, annual or special : and accordingly the proceedings, if otherwise regular, will not be disturbed by reason of the paucity of attendance on the part of the inhabitants, where the notice has been fair and public, and there is no room for the allegation of surprise. A reasonable time, should, however, be allowed for the inhabitants to assemble, after which those in attendance may legal- ly proceed to the transaction of any district business. By § 69 (No. 91) it is provided that -'a special meeting shall be held in each district whenever called by the trustees ; and the proceedings of no district meeting, annual or special, shall be held illegal, for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was v>'i[ful and fraudulent." This latter provision was intended for cases where through ac- cident or mistake, the proper legal notice has not been given io all who are entitled to it: but it cannot be construed to extend to cases in which no attempt is made to give the notice required by law to any of the inhabitants. Where the clerk of a disirict un- dertakes to give a notice in the manner provided by the statute, and has failed, unintentionally, to serve such notice on all the per- sons entitled to receive it, or where such notice is imperfectly served, the proceedings of the meeting will not be void on that account. They may, however, be set aside on appeal, on showing sufficient cause. — Com. School Dec. 186,223. The law in terms, prescribes that the object for which a special meeting is called shall be stated in the notice for such meeting. The opportunities afforded by the coming together of the in- habitants of each district, for deliberation and consultation in re- lation to their schools, and the various interests connected there- with, are calculated to e.xert a most beneficial influence in favor of education ; to promote union, harmony and concert of action in the several districts ; and to cement the ties of friendly social in- tercourse between those having a common interest in the moral and intellectual culture of their children. It is, therefore, of the utmost importance that they should not be neglected ; that the in- habitants should be prompt and uniform in their attendance ; and that the proceedings should be invariablv characterized with that order, regularity dignity and decorum which can alone command 180 respect and efficiently attain the objects to be accomplislied. To secure as far as possible the attainment of these desirable ends, it i& proposed in this place to examine the powers and duties of the inhab- itants, when assembled in district meeting, the mode of proceeding the keeping of the minutes and records, the qualifications of voters'' and some other subjects of general interest, connected with the' proceedings of district meetings. 1. POWERS AND DUTIES OF INHABITENTS AVHEN ASSEMBLED IN DISTRICT MEETING. These are particularly specified in § 62, (No. 84) of the act, and will be noticed in their proper order. They are, to appoint a moderator ; to adjourn from time to time as occasion may require ; to choose district officers at their first meeting upon the organiza- tion of the district, and as often as vacancies occur, by expiration of the term of office or otherwise ; to designate a site for district school-houses ; to lay such tax on the taxable inhabitants of the district as the meeting shall deem sufficient to purchase or lease a suitable site for a school-house, and to build, hire, or purchase such school-house, and to keep in repair and furnish the same with nec- essary fuel and appendages ; and to repeal, alter and modify their proceedings from time to as occasion may require. By the 10th section of the act of 1841, sub. 8. (No. 84,) the inhabitants are authorized, with the consent of the Town Super- intendent of common schools, to designate sites for two or more school houses for their district, and to lay a tax for the purchase or lease thereof, and for the purchase, hiring or building of school houses thereon, and the keeping in repair and furnishing the same with necessary fuel and appendages. This provision authorizing more than one site and school house, is intended for the accommodation of those districts that may be so peculiarly situated as to render a division inconvenient or not desirable. A banking or other corporation, or some manufacturing establishment liable to taxation, may thus be rendered beneficial to a large territory and a greater number of inhabitants, instead of having its contributions applied for the benefit of a few. And in populous places, it may often be convenient to have a school for very young children distant from that attended by those more advanced. In these and other cases, the districts should not hesitate to exercise the power given by this section. But they should in all cases obtain the previous assent of the Town Super- intendent. The same section authorizes the inhabitants, in their discretion and without the assent of the Town Superintendent, to levy a tax not exceeding twenty dollars in any one year, for the purchase of maps, globes, black-boards and other school apparatus. The principal facts in geography are learned better by the eye than in any other manner, and there ought to be in every school-room a map of the world, of the United States, of this state and of the 181 county. Globes also are desirable, but not so important as maps. Large black-boards, in frames or plaster are indispensable to a well conducted school. The operations in arithmetic performed on them, enable the teacher to ascertain the degree of the pupils' acquire- ments, better than any result exhibited on slates. He sees the various steps taken by the scholar, and can require him to give the reason for each. It is in fact an exercise for the entire class ; and the whole school, by this public process, insensibly acquires a knowledge of the rules and operations in this branch of study. Cards containing the letters of the alphabet, or words, may be usefully hung up in the room. Indeed the whole apparatus pro- vided by Mr. Holbrook and others, is eminently calculated to facilitate the acquisition of knowledge and to render it agreeable. The amount of the tax which may be voted for the purchase or lease of sites for the district school-house, and for the repairs, fur- niture, fuel and appendages, is left wholly to the discretion of the district, and is unlimited by law: but no tax for building, hiring or purchasing a school house can exceed the sum of four hundred dollars, unless on the certificate of the Town Superintendent that a larger sum, specifying the amount, ought, in his opinion, to be rais- ed; in which case a sum not exceeding the sum so specified, may be raised. § 70 (No. 92,) If the district under the act of 1841, raise a tax for building, hiring or purchasing two or more school-houses, a tax for each may be levied, to the amount of S400, without a certificate from the Town Superintendent. Whenever a majority of all the taxable inhabitants who are legal voters of any school district, to be ascertained by taking and recording the ayes and noes of such inhabitants attending at any annual, special or adjourned school district meeting legally called or held, determine that the sum proposed and provided to build a school house, shall be raised by instalments ; it is the duty of the trustees to cause the same to be levied, raised and collected, in equal annual instalments, in the same manner, and with the like authority that other school district taxes are raised, levied and collected, and to make out their tax list and warrant, for the collection of such instalments as they become payable according to the vote of the said inhabitants ; but the payment or collection of the last instalment can not be extended beyond five years from the time such vote was taken ; and no vote to levy any such tax can be reconsidered except at an adjourned general or special meeting to be held within thirty days thereafter, and the same majority is required for reconsideration as is required to levy such tax. By § 71 (No. 93) and § 74 No. 96, the inhabitants are author- ized, whenever the site of their school-house has been legally changed, to direct the sale of the former site or lot, and the build- ings thereon, and appurtenances, or any part thereof, at such price and upon such terms as they shall deem most advantageouj to the district By the T36th section of the act of 1847, (No. 155) it is provid- ed that " whenever the number of volumes in ihe district library of any district numbering over fifty children between the age of four and twenty-one years, shall exceed one hundred and twenty- five; or of any disti'icl numbering fifty children or less, between the said ages shall exceed one hundred volumes, the inhabitants of the district qualified to vote therein, may, at a special or annual "ffieeting, duly notified for that purpose, by a majority of votes, ap- propriate the whole or any part of the library money belonging to the district for the current year, to the purchase of maps, globes, hlack-boards, or other scientific apparatus, for the use of the school,^' and in every district having the required number of volumes in the district library, and the maps, g obes, black-boards and other apparatus aforesaid, the said moneys, ivith the approbation if the State Superintendent may be applied to the payment of teachers wages. The object of this enactment is two-fold. It is designed in the first instance, to secure to every district at least one hundred volumes of suitable books for a district library; and to districts numbering over fifty children, one hundred and twenty-five ; and in the second, to authorize the inhabitants of any district so sup- plied, when duty convened for that special pu pose, to appropriate so much of the library fund for the current year, as they may think proper, to the purchase of maps, globes, black-boards or scientific apparatus, for the use of the school, or to the payment of teachers wages when authorized by the State Superintendent. In the absence of any such appropriation, or whenever any balance re- mains unappropriated, the library money, or such unappropriated balance, must be applied to the purchase of books ; and in any event, that money must be expended for the one or the other ofthese purposes, on or before the first day of October in each year. It is respectfully recommended to the inhabitants ofthose districts which are already supplied with the requisite number of books, and of others, whenever they shall reach the specified number, to avail them- selves of the power thus conferred upon them, to supply their school with those useful articles of scientific apparatus which so materially conduce to the improvement of the pupils. Independ- ently of this appropriation, no district should dispense with a black-board; and if suitable maps, globes and a few of the more simple means of illustrating the elementary truths of science, can be superadded, the library money for two or three years cannot perhaps be more advantageously appropriated. In the mean time, the books on hand can be generally read ; and such additions to the library as the growing wants and increased intelligence of the district may require, can then be from time to time procured. The advice of the Town Superintendent may at all times be had as to the most proper and judicious appropriation of the lund lor the purposes provided for by the section under consideration By the provision of the several acts relative to school diss net libraries, (No. 159 et seq.) the inhabitants of the several districts 183 are authorized to lay a tax, not exceeding twenty dollars for the first year, and ten dollars for each subsequent year, for the pur- chase of a district library, consisting of such books as they shall in their district meeting direct, and such further sum as they njay deem necessary for the purchase of a book-case. These provisions, it will be observed, are entirely distinct from those which relate to the purchase of books with the public moneys provided by the act of 1838. They are confined to such books as are obtained by means of a district tax; and wherever the inhabitants do not choose to place the latter on the same footing with the former, the distinction should be carefully ob- serv d. The library directed to be purchased with the public money provided for that purpose, is to be selected by the trustees ; the inhal)itants have no direct control over such selection ; and the rules and regulations for its government are to be prescribed by the Superintendent alone ; while the library to be raised by tax must consist of such books as the inhabitants in districts meeting shall direct ; and the rules and regulations for its man- agement may be adopted at such meeting. Still, both classes of books may be placed upon substantially the same footing, by a general diiection to the trustees as to the books to be purchased, and the adoption of the rules and regulations prescribed by the Superintendent. By ij 141 (No. IGO.) the legal voters in any two or more adjoin- ing districts, may, with the approbation of the Superintendent, unite their library moneys, as they shall be received or collected, and purchase a Joint library for the use of the inhabitants of such dis- tricts, to be selected by the trxistees, or such persons as they shall designate, and to be placed under the charge of a librarian to be appointed by them. By section 143 of the same act, (No. 162) the legal voters in any district are authorized to direct the trustees to apply to the Superintendent to select and forward to the county clerk for the use of the district, a lil)rary. By sub. 9 of ;< 82, (No. 103.) the power of inhabitants of dis- tricts to direct the division of the public (teacher's) money, into not exceeding four portions for each year, and to assign and apply one of such portions to each term taught during the year by a duly qualified teacher, is expressly recognized. Where by reason of the inability to collect any tax, there shall be a deficiency in the amount raised, the inhabitants of the dis- trict in district meeting, are empowered to direct the raising of a sufficient sum to supply such deficiency, by tax. — § 84, (No. 1C5.) By § 46, (No. 72) "If the Town Superintendent of common schools in any town, shall require in writing, the attendance of the Town Superintendents of any other town or towns, at a joint meeting for the purpose of altering a school district formed from their respective towns, and a major part of the Town Superin- 184 tendents notified shall refuse or neglect to attend, the Town Su- perintendents attending, by a majority of votes, may call a special district meeting of such district, for the purpose of deciding on such proposed alteration ; and the decision of such meeting shall be as valid as if made by the Town Superintendents of all the towns interested, but shall extend no further than to dissolve the district formed from such towns." The powers conferred upon the inhabitants ot school districts must be strictly pursued, and can in no case be exceeded. No vote or proceeding of a district meeting can be legal, for which au- thority is not expressly or by necessary implication, to be derived from the statute. 2. CHANGE OF SITE OF SCHOOL HOUSE. By § 73, (No. 95,) it is provided that " whenever a school- house shall have been huilt or purchased for a district, the site of such school-house shall not be changed, nor the building thereon be removed, as long as the district shall remain unaltered, unless by the consent, in writing, of the Town Superintendent of common schools, of the town or each of the towns within which such dis- trict shall be situated, stating that in their opinion such removal is necessary ; nor then, unless a majority of all the taxable inhabi- tants of said district to be ascertained by taking and recording the ayes and noes at a special meeting of such district called for that purpose, shall be in favor of such new site." This provision is designed to secure permanency in the location of the district school-house, while the circumstances under which it was so located remain substantially the same. But when an al- teration has taken place in the distinct, since such location, either by the addition of new inhabitants, and the consequent annexation of new territory, from the adjoining districts, or by the setting off of a portion of the inhabitants and territory to some other district, then, the reason for the enactment failing, a change of site may be voted by a majority of the altered district, in the usual mant»er. When the new site is again established, either in this manner, or by a two-third vote, as provided in the section above quoted, and a house built the same principle again prevails. No further altera- tion can be made while the district remains substantially in the same condition as when the new site was fixed. The alterations here referred to must be such as are made in the territorial boundaries of the district Changes of residence by the inhabitants removing out of the disti'ict, or the removal of peisons into it from other districts, cannot be deemed alterations witliin the meaning of the law. while ihe territory remaiu> the same. When the district has not been allcrcd, aiKl a change of site is proposed, the consent, in writing, of the 'i\nvii Superintendent, as above specified is requisite, and in addiiion thereiu, a vote of a majority of the taxable inhabitants of tlw. dislrirt who are legal voters, present and voting, by ayes and nf>es, JSo taxable inhabi- 185 tant who is not a legal voter of the district can vote therein on any question ; nor is it necessary that a majority of all the taxable in- habitants or legal voters residing in the district should be obtained ; but only of a majority of those j9rhould be sold, and the proceeds applied first to the purchase of the new site, and next to the building. And whatever sum is appli<'able to the erection or purchase of the school-house must, according to a de- cision of the department, go in reduction of the amount which the district may vote for a school-house. — (Decisions, p. 183.) Thus, if the former site and building sell for 200 dollars, and 50 dollars be applied to the procuring a new site, the remaining 150 dollars being applicable to the new house, the district cainiot vote a tax of more than 250 dollars for the building, without the con- sent of the Town Superintendent. The following will be a proper form of a resolution for raising a tax for the erection of a school-house : llie certificate of the Town Superintendent of common schools of the town of having been obtained, that in his opinion a larger sum than four hundred dollars ought to be raised for build- ing a school-house in the said district, namely, the sum of six hiiri' dred dollars, [or whatever the whole sum may be.] Resolved, That the said sum of six hundred dollars be rai^^edbj tax upon the said district, for the purpose of building a school- house therein. * The resolution for the purchase of a site should be distinct, and may be in the following form : 188 Resolved, That the sum of fifty dollars be raised by tax upon the said district, for the purchase of the site for a new school-house heretofore designated by the legal voters thereof. , Either or both of the above taxes may be raised, but cannot be expended before a site is purchased and a legal title procu- red. A tax having been voted to build a school-house, the tax list made out and a warrant issued, the collection of the tax cannot be suspended by vote of a district meeting. — Com. School Dec, 68. But where no proceedings have been had in pursuance of such vote, it may be rescinded. — Id, 261. Where a tax is voted in express terms, a direction subsequently given as to the time and manner of its collection, is void. — Id. 282. Where the inhabitants of a school district authorize the trus- tees or any other person to select a site for a school-housp, it is not a legal site until subsequently fixed by a vote of the inhabit- ants. — Id. 353. Where the title to the site of a district school-house fails, a new site may be fixed by a majority vote, without the certificate of the Town Superintendent.— /c^. 107, 132, 142, 195. When the site of the school-house has been fixed, it may be changed by a majority of votes, at any time before the school-house is built or purchased. — Id. 182. In voting a tax to purchsse a site, a sufficient sum may be inclu- ded to cover all necessary expenses in perfecting the title to the premises. The fact that the site of a school-house is covered by a mortgage does not affect the validity of the proceedings of a school meeting, in votmg to build upon it ; although upon timely application the Superintendent might not permit the house to be constructed until the lien was removed. Where the title to the site of a school-house consists of a lease of the ground so long as it shall continue to be used for the purposes of a district school, if the inhabitants appropriate the land to any other purpose, it reverts to the grantor. A contract for the purchase of land intended to be occupied as the site for a school-house, is not strictly a lease, although the ven- dee may for some purposes be regarded as a tenant. Where such a contract is not executed by the performance of its conditions, it does not amount to a purchase. But where such conditions have been performed, the vendees have an equitable title, and the court of chancery would enforce the performance of the contract on the part of the vendor. A presumption in favor of such performance would, it seems, arise from the circumstance of long possession on the part of the district. Where a school district has been altered, after the original estab- lishment of its site, either by adding to or diminishing from its ter- ritoi-y, so that the site is no longer central or convenient, such site 189 may be changed by a vote of a majority of the inhabitants of the district, at any meeting, annual or special ; but after such change has been effected, and a new site established, and a new house built or purchased, the site cannot again be changed until some further alteration occurs in the boundaries of the district, without the con- sent of the Town Supenntendent and a majority of the voters of the district, in the mode prescribed by the 73d section of the school act, [No. 95.] The costs and expenses of a bill in equity to perfect the title to the site of a school-house, held under an agreement by the owner to convey, may legally be defrayed by a tax to be voted by the dis- trict. — Per Young, SupH. Where the inhabitants of a school district have, by a vote to that effect, authorized the trustees to go on and make repairs, or to do any other lawful acts involving an expenditure of money, they will be required to save the trustees harmless, if the latter have acted in good faith. But where trustees undertake to do any act which they are not by law authorized to do, in the absence of any direc- tions on the part of the district, it is at their own peril. The inhab- itants may ratify their proceedings by a subsequent vote ; but if they do not choose to do so, the trustees are without remedy. — Com. School Dec. 41, 222. A school-house built by subscription may, if under the control of the trustees, be kept in repair by a tax on the property of the dis- trict. — 7c?. 47. There can be no partnership in the erection of a school-house, which will prevent the district from controlling it entirely for the purposes of the district school. — Id. 201,290. No more money can be legally expended on a school-house than is necessary for common school purposes. An additional room can not be provided for a select school. — Id. 203. A tax should not be voted by the inhabitants of a district for re- pairing the school-house, where the district has no title to the site, and the owner has forbidden the repairs to be made. — Id. 60, 187. Nor should a tax to build a school-house be imposed or expended until the district has acquired such an interest in the site as to be able to control the house. — Id. 168. A tax cannot be raised to build a school-house on a site se- lected without legal authority. — Baker v. Freeman, 9 Wendall, 36. Where a school-house is built by subscription, a tax may be voted for its pui'chase, if the district has title to the site on which it stands. —Id. 193. The rule of law is, that the right of property in all permanent erections upon lands, resides in the owner of the soil. The latter is therefore the legal owner of a school-house erected without his permission on his land. But if such school-house was originally placed there with his permission,the district has a right to direct its removal. — Per Young, Supt, 190 The inhabitants of a district niay legally vote a tax to enlarge their school house, notwithstandinj? it may already have cost $400, without a certificate from the Town Superintendent, — Id. Where a school house is so decayed as in the opinion of a majority of the district to he no longer suitable for the purposes of the school, a tax may be voted in the usual manner for build- ing a new one on the same site. — Per Spencer, Sup't. Inhabitants of school districts cannot, by a vote to that effect, authorize the trustees to provide fuel in any other mode than those prescribed by law. — Corn, School Dec. 264, Nor can they dispose of any portion of the district property, unless in the cases and in the manner specifically pointed out by law. Although the inhabitants of a district may direct the division of the teachers' money for the current year into portions, applicable to the respective school terms, they cannot so appropriate the money for the succeeding year : nor can they direct such division after its appropriation by the trustees on a specific contract with a teacher. A tax may be levied in a school district to build a Avood house and necessary. — Com. School Dec. 21. Money cannot be raised by tax in a school district for contin- gent purposes. — Id. 233. A tax to purchase a district library cannot be voted at a meet- ing of which no notice is required to be given : e. g. an adjourned meeting, where the adjournment is for a less period than one month. ■—Id. 286, A tax cannot be laid to erect a building to be occupied jointly as a school house and a meeting house,— /o?, 290, When the whole amount of a tax raised for any additional pur- pose is not required for such purpose, the balance may be applied by vote of the district to any other authorized object, — Id. 315, A tax cannot be voted for arrearages generally, or to reimburse trustees or other officers of the district for monej's expended by them, unless it appears by the vote that the money is to be ap- plied to one of the objects for which taxes may by law bs raised, ^Id. 316. A vote of the district is necessary to raise by tax the excess beyond $400 certified to be necessary for building a school-house. —Id. 339. A tax may be voted for the erection of a fence around the school-house lot ; and for a hell. 5. MODE OF PROCEEDING IN DISTRICT MEETING. As a general rule, the punctual attendance of the inhabitants of the district should be secured by the organization of the meeting at the appointed hour, after making a fair allowance, say ten or fifteen minutes, for the variation of time-pieces ; at the expiration 191 of which time, those in attendance, whatever may be their num- ber, should organize, by the appointment of a moderator. Any number of inhabitants, however small, are, as before observed, competent to the transaction of the business for which the meeting was called ; but if there be only a very small number present, it will be advisable to adjourn the meeting. The clerk of the district, if present, will act as clerk of the meeting ; and in case of his absence, any other inhabitant of the district may be desig- nated by the meeting to act as clerk pro tern. The inhabitants will then proceed to the transaction of the business for which they were convened. Where the ofBcers of the disti-ict are to be chosen, the choice should be by ballot, separately for each office ; and this mode of proceeding should never be dispensed with where there is reason to believe any difference of opinion exists as to the proper person to I e chosen. Where no such difference of opinion exists, it is still better to regard the choice by ballot as the regular mode, and when dispensed with in any individual case, it should be done by express resolution. All other business of the meeting should be transacted by written resolutions, regularly put to vote in the customary manner ; and where, for any reason, the result cannot be accurately ascertained, the numbers voting for or against any resolution should be determined by a count, or by ayes and noes. For this pui'pose it would be well for the clerk to have always in readiness a list of the legal voters of the district, with a series of columns attached, to designate the manner in which each per- son votes on any question that may be submitted. When the site is to be changed in a district that has not been altered, the law specifically requires the vote to be taken by ayes and nays. Such list may be in the following form. Names of Voters. On change of site of set'l honse. Ayes. John Morehouse, . . Jacob Curti.s Thomas Biidd, William Carrroll... Henry Beltis, Frederick HouGrh.. . Nayp On motion to I build school I house. ! On resolut'n: to raise taxi of $150. ' Ayes. Ayes. Noes. 3 3 On resolut'n to raise tax for apparat. Ayes. Noes. 4 2 6. MODE OF KEEPING MINUTES AND RECORDS OF THE PROCEEDINGS. The person acting as clerk should keep accurate minutes of the proceedings on loose sheets of paper ; and before the meeting is finally adjourned these minutes should be read and approved by the meeting, and signed by the moderator and clerk, and after- wards transferred into the record book of the district. The foi- lowing general form may be used for this purpose : 192 Form of Minutes to be kept hy the District Clerh, of proceedings ■r of District Meetings. At a meeting of the legal voters of school district number in the town of held pursuant to adjournment, at on the day of 18 } \oi'i if it he the annual meeting, say "at an annual meeting of S^c., held pursuant to appointment and public notice, at," ^c. Or if it be a special meeting, say, " at a special meeting of, i^-c, called by the trustees of said district, and pursu- ant to special notice, at, ^c. on the day of, ^c.,"^ A B. -was chosen moderator, and C. D. was present as district cler (or if the clerk be not present, say E. F. was appointed clerk pro. tern, the district clerk being absent.) Resolved unanimously, {or by a majority of voters present, as the case may be,) \Jier-e enter the proceedings of the district in the form of resolutions, and loith as much precision and ceHainty as possible. '\ Where the subject of a change of site in an unaltered district has been under discussion, and a determination had by the district, in the manner prescribed by law, the proceedings should be par- ticularly recorded, in the following form : At a meeting of the legal voters of district No. in the town of held at the school house, in pursuance of notice to all the legal voters therein, on the day of 18 , A. B. was chosen moderator, and C. D. was present as district clerk, (or E. F. was appointed clerk pro. tem. the district clerk being absent.^ The written consent of the Town Superintendent of common schools of the town having been read, stating that in his opinion the removal of the site of the school house in said district is neces- sary : And it having been moved and seconded that the present site of the school house in the said district be changed, and that the northeast corner of lot No. 10 in the said town, (or of the farm now occupied by A. B. on the N. E. corner, formed by the inter- section of two certain roads, describing them,) be designated as the site of a school house for the said district, and the question taken by ayes and noes, it was carried, a majority of all those present at such special meeting voting for such removal, and in favor of such new site : Those who voted in the affirmative were John Morehouse, Thomas Budd, Wm. Carroll and Frederick Hough ; those who voted in the negative, were Jacob Curtis and Henry Bettis. Ayes 4 Noes 2. [In stating the ayes and noes, the christian names of the voters, should be given.] [Or, and the question being taken by ayes and noes, it was lost, a majority of all those present at the meeting not voting in i'avor thereof. The votes are then to be stated as before.] After changing the site of the school house in the manner before prescribed, the voters of the district, at the same or any 193 subsequent meeting, may pass a resolution, by a majority of those present, in the ordinary mode, directing the trustees to sell the house, according to No. 96 ante. 7. QUALIFICATIONS OF VOTERS. Great difficulty has been heretofore experienced in ascertaining the requisite legal qualilications for voters in school district meet- ings. The act of 1847, has removed this difficulty by defining them particularly, and has pointed out the means of ascertaining the right of any individual to vote in such meetings, by a challenge, §59, 60, 61, (Nos. 81, 82, 83.) The following general qualifications are required in all cases : 1. The voter must be a male. 2. Of full age, that is, twenty-one years old, or more. 3. He must be an actual resident of the district. In addition to the above, the voter must possess one or other of the following qualifications : 4. He must be entitled by law to hold land in this state, and must own or hire real property in the district, subject to taxatioa for school purposes ; or, 5. He must be authorized to vote at town meetings of the tow» in which the district, or part of a district is situated — and in ad- dition thereto must have paid a rate bill for teachers' wages ia the district within one year preceding, or must have paid a dis- trict tax within two years preceding, or must be owner of personal property liable to be taxed for school purposes in the district, ex- ceeding fifty dollars in value, exclusive of what is exempt from execution. Under the above 4th division are included two classes of per- sons — citizens owning or hiring real property, subject to taxation, and aliens not naturalized, who have filed the affidavit prescribed by § 16 of title 1, chap. 1. part 2, Rev. Stat, of their intention to become citizens, and of having taken the necessary incipient mea- sures for that purpose, and who own or hire real property in the district subject to taxation for school purposes. It does not extend to those who have personal property, but neither own nor hire real property. The provision was intended to meet the case of residents, who although not entitled to vote at town meetings, may have a strong interest in the proceedings of disti'ict school meetings. Any resident of the district, who owms or hires real estate liable to taxation in the district, whether he pays the tax on such property himself or not, and whatever may belts value, and wheth- er he holds it by a written or verbal lease, (if for one year or less) is a legal voter, at any district meeting, even though he may not have resided either in the State or County for a sufficient length of time to enable him to vote at town meetings or elections. In reference to the above 5th division, those "citizens of the several towns in this state, qualified by the constitution to vote for elective officers," are included, provided they possess the other requi- 13 194 site qualifications. Of course, persons claiming to vote at district meetings under this qualification must have been inhabitants of the state for one year, of the county for six months immediately preced- ing, and mustthen be actual residents of the town. To these must be added some one of the qualifications above specified in division 5. By § 60 and § 61,(Nos. 82 and 83, jit is provided that "If any person offerino- to vote at any school district meeting, shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall require the person so offering, to make the following declaration : " I do declare and affirm that I am an actual resident of this school district, and that I am qualified to vote at this meeting." And every person making such declara- tion shall be permitted to vote on all questions proposed at such meeting ; but if any person shall refuse to make such declaration, his vote shall be rejected. " Every person who shall wilfully make a false declaration of his right to vote at a district meeting, upon being challenged as herein before provided, shall be deemed guilty of a misdemeanor, and punishable by imprisonment in the county jail for a term not exceeding one year, nor less than six months, at the discretion of the court ; and any person voting at any district meeting without being qualified, shall, on conviction, be subject to a fine of ten dollars, to be sued for and recovered by the trustees of the district for its use, and with costs of suit, before any justice of the peace." The proceedings of district meetings where illegal votes are alleged to have been given, will not be set aside, unless it is shown on appeal, 1st, that such votes were actually illegal ; 2d, that they affected the result ; and 3d, that they were legally challenged upon being offered, or that they were not at the time known to be illegal. S. KKCONSIDEPwATION OF PROCKEDINGS. The inhabitants of school districts may reconsider and repeal, alter and modify their proceedings at any time before they have been carried into effect, either wholly or in part. But the inten- tion to do so, should be explicitly set forth in the notice of the meeting called for that purpose. When, however, contracts have actually been entered into, liabilities incurred, or expenditures of money" had, in the prosecution of any measure directed by the dis- trict, a reconsideration will not be sanctioned, as no means exists to indemnify those who may be losers thereby. 9. TAXES SHOULD BE SPECIFICALLY VOTED. Where a tax is voted by the inhabitants for any purpose, the specific amount of the tax, and the particular purpose for which it is designed, should be fully and clearly stated. And where several objects of expenditure are to be provided for, the amount to be raised for each should be expressed in the resolution, in oi^der that the district and the trustees may know the precise extent of 195 their liability, and iiie mode of its application. There may be cases, however, where the necessary amount to be raised, cannot be ascertained with any approach to accuracy ; and in such cases the district may direct the performance of specific acts by the trustees, or authorize them to incur such expenses as may be necessary to the accomplishment of a particular object to be speci- tied ; and the trustees are then authorized by §109, of the act of 1847, (No. 129,) to raise such amount by tax upon the district in the same manner as if the definite sum to be raised had been voted. This general delegation of authority should, however, be resorted to only in cases of necessity. CHAPTER IV. TRUSTEES OF SCHOOL DISTRICTS. These officers are to be chosen by the inhabitants of the district entitled to vote, at their first meeting, and thereafter at any annual or special meeting legally convened, whenever there is a vacancy, by expiration of their term of office or otherwise. In case of the existence of a vacancy, by the death, refusal to serve, removal out of the district, or incapacity of the incumbent, unless such vacancy is supplied by a district meeting within one month thereafter, it is the duty of the Town Superintendent of common schools to appoint some person to supj)ly such vacancy in which case the person so appointed holds his office for the unexpired term, § 63, (No. 85.) The expiration of their term of office, also creates a vacancy ; and if, for any reason, the annual meeting passes over without the elec- tion of officers, ample provision is made, (see § 66-G8, (No. 88-90,) for the calling of a special meeting to supply such vacancy. By § 79, (No. 100,) every person duly chosen or appointed to any such office, who without sufi!icient cause shall refuse to serve therein, shall forfeit the sum of five dollars ; and every person so chosen or ap})ointed, and not having refused to accept, who shall neglect to perform the duties of his office, shall foi'feit the sura of ten dollars. By § 80, (No. 101,) " any person chosen or appointed to any such office, may resign the same by presenting his resignation to the Town .Superintendent of the town where such officer shall re- side, who is authorized for sufficient cause shown to him to accept the same, and the acceptance of such resignation shall be a bar to the recovery of either of the penalties mentioned in the preceding section. The Town Superintendent accepting the resignation shall give notice thereof to the clerk, or to one of the trustees of the school district to which the officer resigning shall belong." By § 6 of the act of 1847, (No. 30.) "no Town Superintendent of common schools, shall be eligible to the office of trustee of a school district ; and no person chosen a trustee, can hold the office of district clerk." 196 By § 63 of the act of 1847, (No. 85,) it is provided that "the trustees of each of the several school districts next hereafter to be chosen, shall be divided by lot into three classes, to be numbered one, two and three ; the term of office of the first class shall be one year ; of the second, two ; of the third, three ; and one trustee only shall thereafter annually be elected, who shall hold his office for three years, and until a successor shall be duly elected or appoint- ed. In case of a vacancy in the office of either of the trustees, during the period for which he or they shall have been respectively elected, the person or persons chosen or appointed to fill such va- cancy shall hold the office only for the unexpired term so becoming vacant." This extension of the official term of trustees to three years, combined with :he annual choice of one of their number, is a very important improvement of the system, securing as it does, unifor- mity, stability and harmony in the councils of the district, and pre- venting that ignorance of its previous arrangements and affairs, which has so frequently been found not only to paralyze the exer- tions of new trustees, but to involve them in pecuniary embarrass- ment and subject them to personal liability. On the accession of a new trustee, under the present arrangement, he will find two experienced colleagues already in office, conversant with all the affairs of the district, and able and willing to aid and co-operate with him in the discharge of his duties. All the deliberations and actions of the board under this arrangement, will partake of a greater uniformity, and become more systematic. Teachers will be likely to be retained for a longer period ; contracts will be likely to be more promptly fulfilled, and taxes and rate bills to be more accurately made out and more speedily collected ; and order and harmony will gradually succeed to the chaotic confusion and irre- gularity which have too generally chai-acterized the records, the councils and the proceedings of trustees ignorant and careless of their duty, and anxious only to transfer the inextricable embarrass- ments of their district, unexplained and inexplicable, to their suc- cessors. One important operation of the provision in question, will be as before observed, to prevent the district from changing the time of its annual meeting, thereby avoiding those frequent misunderstand- ings as to the period when officers of the district are to be chosen, from which so many profitless and vexatious controversies have arisen. The duties of trustees may be arranged under the following general heads : 1. The receipt and application of public money. 2. The calling of annual and special meetings. 3. The assessment and collection of district taxes. 4. The purchase or lease of sites ; building, hiring, or purchas- ing of school-houses, the repairing and furnishing such houses with necessary fuel and appendages, and their custody and safe-keeping; 197 and the sale of such sites and houses when no longer required for district purposes. 5. The employment of teachers, and their payment ; and the making out and collection of rate-bills. 6. Their duties in reference to the district library. 7. The making of annual I'eports. 8. The accounting to their successors and the district, at the ex- piration of their term of office ; and paying over balances on hand. 9. Suits by and against them. 10. Miscellaneous provisions. I. THE RECEIPT AND APPLICATION OF PUBLIC MONEY, By the 10th section of the school act of 1847, (No. 35,) it is made the duty of the Town Superintendent to pay over the propor- tion of teacher's money to which each district may be entitled on its annual report for the preceding yeai', "on the written order of a majority of the trustees of such district to the teacher entitled to receive the same." This order may be in the following form : A. B. Esq. Town Superintendentof common schools of the town of pay C. D. a teacher duly employed by us, and qualified according to law, fifteen dollars, that being the amount which he is entitled to receive, out of the funds in your hands, applicable to the payment of teachers' wages, and apportioned to our district. Dated at this day of 18 -g p ^ Trustees ^ " tt' /> District ^•^•JNo. Upon the day of the annual apportionment, or as soon as possible thereafter, the trustees should call upon the Town Superintendent, or send one of their number, or the clerk, with an order signed by " them, or a majority of them, for the share of library money due their district. If the Town Superintendent withholds such money, without justifiable cause, it is the duty of the trustees to prosecute for the same.— § 114, (No. 134.) The teachers should, if possible, present their orders at the same time, so that all the public money belonging to the district may at once be paid over and duly receipted. To entitle a district to its share of teachers' money, it must ap- pear from its annual report " that a school had been kept therein for at least six months during the year, ending at the date of such report, by a qualified teacher," after obtaining a certificate of com- petency from the proper authority ; that all the teachers' money received during the year has been expended in the payment of such teacher ; " that no other than a duly qualified teacher had at any time during the year, for more than one month, been employed to teach the school in said district ; " and such report must, in all other respects, be in accordance with law, and the requisitions and instructions of the Superintendent, made in pursuance of law. In 198 other words, it must be in the form prescribed by the Superintend- ent, and must contain all the information required by law and by the department to be given. There are two classes of cases in which relief may be sought for the refusal of the Town Superintendent to apportion or pay over public money to a district. 1st. Where it is supposed his decision is erroneous upon some question of fact, or some principle of law. In such case the remedy is hy appeal to the State Superintendent, in the manner prescrib- ed by the regulations concerning appeals. The interest of the dis- trict, as well as of other districts, requires that the proceedings should be prompt, as an appeal stays further action by the Town Superintendent. 2d. Where there has been any accidental omission to comply with any provision of law. or any regulation of the Superintendent, in consequence of which an apportionment of public money has not been made. In such cases a general authority is given to the State Superintendent, by § 14 of the aet of 1847, (No. 39,) to cause the apportionment to be made, on the equitable circumstances of the case, and a similar authority is given in relation to library money by the last clause of § 6 of the act of 1839, § 142, (No. 161. These provisions are intended only for cases of accidental and unintentional omissions, and the authority given by them will not be exercised where there is a wilful disobedience of law, or a per- verse and intended violation of any regulation. Applications for relief in this class of cases should be made as soon as the omission is discovered, in order to prevent the incon- venience of correcting the apportionment after it has been acted upon ; and any unnecessary delay will in itself form a strong ground of declining to grant the relief desired. The facts and circumstances on which the application is founded must be verified by affidavit. APPLICATION OF SCHOOL MONEY RAISED BY OR BELONGING TO A TOWN. If there are any other common school funds belonging to the town, arising from their poor-moneys, or from their gospel and school fots, any portion of which is received by the trustees of a joint district, they are to apply such portion exclusively for the be- nefit of the parents of the children attending the school belonging to the town owning such fund. And the trustees should be careful not to apply any part of the money in their hands, coming from the common school fund belonging to a town, to the purchase of a libra- ry, or to any other purpose than the support of common schools. DIVISIONS OF teachers' MONEY INTO PORTIONS. By subdivision 9 of § 82, (No. 103,) trustees are authorized "to divide the public moneys received by them, whenever authorized 199 by a vote of their district, into not exceeding i'our portions tor each year ; and to assign and apply one of such portions to each quarter or term, during which a scliool shall be kept in such district for the payment of the teachers' wages, during such quarter or term." Where no action is had on the subject by the district, trustees have the right to appropriate the public money in such proportions to the different terms as they may deem expedient. It is not essen- tial that the public money should be paid exclusively for services rendered during the year in which it is received : if the whole amount received be applied during the year to the payment of the compensation of qualified teachers, it is immaterial whether such wages were earned wholly during that year, or in part the year previous. It is of frequent occurrence for teachers to commence their terra in November or December, and end in the succeeding spring ; and there is no impropriety or illegality in paying their wages for the whole term, wholly or in part, from the public money received after its close. The teachers' money can be applied only to the benefit of such schools as are established by trustees of districts in pursuance of law. — Com. ibchool Dec. 55. Where any portion of the teachers' money is applied to the pay- ment of the Avages of a teacher not duly qualified, or is otherwise illegally appropriated, the trustees, under whose authority such ex- penditure is made, are personally liable to the district lor the amount.— /(/. 213. ACCOUNT BOOKS. Trustees are required by § 104 of the act of 1847, (No. 127.) to keep an account in a book to be provided for that purpose by them, from time to time, as shall be necessary, of all moneys re- ceived and paid out by them, in their official capacity ; and a state- ment of all moveable property belonging to the district. This ac- count and statement is to be entered at large and signed by them, at or before each annual meeting in their district. They should charge themselves on one page with the whole amount of money I'eceived by them, either from the Town Superintendent or on tax lists or rale bills, specifying particularly the source whence derived and the time when received ; and on the opposite page credit them- selves with the respective expenditures and payments, specifying particularly to whom, when paid, and for what purpose, and referring to the proper vouchers, on file, whenever practica- ble. On another page they should make an accurate inventory of ail the moveable property belonging to the district, such as the library of the district, stating the number of volumes and their condition, and giving a catalogue of the books, wherever a general reference cannot properly be made, as to the 1st, 2d, 3d, &c., series of the Harper Library, or No?. 1, 2, 3, &c., of the Harper Library or Family Library, &c., &c., and the furniture, appendages, and ap- paratus of the school-room, specifying each article. The whole to be followed by a certificate in the following form : We, the subscribers, Trustees of District No. in the town Trenton,'do kereby certify that the preceding, from page to page inclusive, contains a true and accurate account of all the moneys received by us for the use of said district, and of the expenditures thereof; and a correct statement and inventory of all the moveable property belonging to said district. Dated this day of 18 , A. B. ) C. D. ) Trustees. E. F.j LIBRARY MONEY. The library money is to be paid over to, or on the order of, a majority of the trustees, on its appearing from the annual report that " the library money received at the last preceding ap- portionment was duly expended according to law, (in the purchase of books suitable for a district library, or in the purchase of maps, globes, black-boards or other scientific apparatus for the use of the schools, in the cases and in the mode prescribed by the late law, and which will be hereafter considered,&c.,) on or before the first day of October subsequent to such apportionment." The report must uniformly be accompanied with a catalogue of the books and ap- paratus, &c., purchased since the last preceding catalogue was fur- nished, and must state accurately the number of volumes, and their condition ; and when the money has been expended in the purchase of apparatus, &c., the authority under which such ex- penditure has been made, and a full and particular inventory of the articles purchased, must be specifically reported, II. THE CALLING OF ANNUAL AND SPECIAL MEETINGS. Trustees have power to call special meetings of the inhabitants of their district liable to pay taxes, whenever they shall deem it necessary and proper. This power should be liberally exercised for the benefit of the district ; and special meetings should be call- ed by the trustees, vrhenever requested for a proper and legitimate purpose, by a respectable number of inhabitants. The trustees should act as a board, whenever such meetings, are directed to be called; and they, or a majority of them, when all have been noti- ied, may require the clerk of the district, either verbally or in wri- ting, to give the necessary notices to the inhabitants. The object of the meeting should, in all cases, be specified in the notice. Where there is no clerk of the district, or he is absent or incapa- ble of acting, any one of the trustees, designated by the board, may uive the notices. 201 Where the time for holding the annual meeting has for any rea- son passed, without the election of officers, and neither the clerk nor acting trustees give the necessary notices for a special meeting, authorized by § G8 (No. 90,) within twenty days thereafter, any inhabitant of the district, qualified to vote, is authorized by § 66, (No. 88,) to notify such meeting in the manner provided by law, in case of the formation of a new district ; and the officers chosen at any such special meeting hold their office until the next annual meeting. III. ASSESSMENT AND COLLECTION OF DISTRICT TAXES. This duty is one of the most difficult and perplexing devolved upon trustees ; requiring for its proper and legal exercise a strict conformity to the statutes in form as well as substance. A careful examination and collation of their various provisions in this respect becomes indispensable. Any departure from the specific directions thus given is almost sure to subject the trustees to serious personal liability, for which no indemnity is provided, as well as to cause embarrassment and confusion in the affiiirs of the district gener- ally. In oi'der to enable them to execute this portion of their duties with accuracy and ease, the several steps of the process will be distinctly and j)articularly pointed out ; and such directions given as will, it is hoped, prevent all liability to error in its future per- formance. • I. GENERAL PROVISION. The general duty of trustees under this head, is comprised in the 3d and 4th subdivisions of § 82, (No. 103,) and is as follows: '< To make. out a tax list of every district tax voted by any such meeting, (special, annual or adjourned,) containing the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhab- itant set opposite to his name and to annex to such tax list a warrant directed to the collector of the district, for the collection of the sums in such list mentioned. 2. TAX LIST WHKN TO BE MADE OUT, By § 99, (No. 122,) " Every district tax shall be assessed, and the tax list thereof be made out by the trustees, and a proper war- rant attached thereto, uutlnn one month after the district meeting in which the tax shall have been voted. The reason of this provision is obvious. The. inhabitants and property of school districts are constantly changing, and where a tax is voted for a specific purpose, it should be assessed only upon those for whose benefit it was voted. While the statute sliould, therefore, be strictly complied with whenever it can be. yet if a lit- 202 eral compliance is prevented by accident or unavoidable circum- stances, the list may be made out after the expiration of the month or thirty days ; as the statute is supposed to be directory, and sim- ilar to that in the case of the People vs. Allen, 6 Wendell, 486. The regulations of the Superintendent, on appeals, have allowed thirty days, within which any person aggrieved, in consequence of the proceedings of any district meeting, may appeal ; and, as will hereafter be seen, twenty days' notice is required to be given by the trustees, in case a reduction is claimed, or an original assess- ment becomes necessary. In the first case, if a copy of the appeal be served prior to the expiration of the month, and hefore the trustees have made their assessment, the time during which such appeal is pending is not to be computed as part of the month within which the tax list is to be made out, as the service operates as a stay of all proceedings in any way relating to or consequent tcpon the act complained of. Still the assessment, when made out, must have reference to the property of the district, as it existed at the expiration of the month. In the second case, the trustees should make met their tax list within the month, although they may not be able finally to complete it. They should, however, within the first ten days after the meet- ing at which the tax is voted, make out their assessment ; so that if a reduction is claimed, or an original valuation is found to be ne- cessary, they can give the twenty days' notice requii-ed by law, and complete their list by the expiration of the month. Errors in tax lists and rate-bills have often been discovered after they were made out. If discovered within a month from the time the tax was voted, and nothing has been collected, the trustees may recall them, correct the error, and redeliver them to the collector. But after the expiration of the month, and after any tax had been, in whole or in part collected, they did not, previously to the act of 1839, (modified by the act of 1843,) possess the power of correction. In consequence they were exposed to prosecutions for slight and accidental errors which might have been easily corrected by parties who did not choose to take the more convenient and summary mode of appealing to the Superintendent. This is now effectually remedied by § 13 of the act referred to, (No. 133,) by which trustees may, with the appro- bation and consent of the state superintendent, correct and amend errors in making out any tax list or rate-bill which may be discov- ered prior to the expenditure of the amount therein directed to be raised, and may refund to any person any sum improperly collected in consequence of such error. By availing themselves of this provision, trustees may now protect themselves from vexatious suits. They need not wait for an appeal by any party aggrieved, but as soon as they become aware of the existence of any error, they should proceed at once to correct it, and to refund any amoant improperly collected in consequence of such error. 203 3. HOW, ANP UPON WHOM TO BE ASSESSED, AND FOR WHAT PROPERTY. Trustees are required by § 85 of the act of 1847, (No. 108,) to apportion taxes, " on all taxable inhabitants of the district, or corporations holding property therein." This provision includes, of course, all actual residents of the district ; and is extended by ^87, (No. 110,) to "every person owning or holding any real property within any school district, who shall improve and occupy the same by his agent or servant," whether he resides in the district or not. They are also to apportion taxes " upon all real estate lying within the boundaries of such district, the owners of which shall be non-residents, and which shall be liable to taxation for town or county purposes, and shall be situated within three miles of the site of the school-house in such district." This includes uncultivated and unimproved lands owned by non-residents, and situated in the district ; and is an extension of the power given by § 78 of the old act, which limited the lands of non-residents, subject to taxation, to those which were actually cleared and cultivated. The trustees may, in their discretion, omit to assess any tract or parcel of unoccupied non-resident land in their district, where the proportion of the tax payable therefor, would oot amount to fifty cents. This provision is inserted to save the trouble of the sub- sequent proceedings rendered necessary in such cases, where so small a sum only can be finally collected. The apportionment is also to be made according to the valua- tions of the taxable property which shall be owned or possessed by them, (the inhabitants of the district, &c. as aforesaid,) at the time ofmahing out such list ; within such district, or partly ivithin such district and partly in an adjoining district. Taking these provisions together, the following general princi- ples may be deduced : 1. All the actucd inhcd)itants of a district are taxable for the whole property, real and personal, owned or held by them unthin the district. Executors and administrators having in their pos- session or under their control the property of their testator or in- testate, within the district are taxable therefor, in their represen- tative capacity, as executors, &:c. 2. They are also taxable for any real property owned by them, lying partly unthin such district and partly in an adjoining dis- trict — that is, for such property as at the t.tne of making out the tax list is owned by them and intersected by the boundaries of the district. In this respect the old law is not substantially alter- ed. Nor is it in any sense material when the title of the owner to the whole or any part of the land so intersected accrued, Avheth- er before or after the organization of the district, so that it be- longed to him at the time of making out the tax list, and is then intersected by the boundaries of such district. In such case, no matter what may be the respective proportions of the land owned 204 in each district, the owner is taxable for the whole farm or proper- ty belonging to him, and which is connected and occupied as one farm in the district ivhere he resides., only : and being so liable there, he cannot, of course, be taxed for the same property in any other district. The principles of law applicable to the taxation of school dis- trict purposes, of real estate intersected by the boundary line be- tween two districts, are these : Each inhabitant of a school district is taxable, under § 85 act of 1847, (No. 108,) in the district where he actually resides " according to the valuations of the taxable property which shall be owned or possessed by him, at the time of making out such list, within such district, or partly within such district and partly in an adjoining district." This principle has been repeatedly recognized and asserted ; and the only difficulty consists in its practical application to a class of cases supposed to come within the purview of a series of decisions made by Super- intendents Flagg and Dix, confining its operation to the period of the organization of the district. At page 24 of the volume of "Common School Decisions," Mr. Flagg says, "The principle is, that where a line between two districts runs through a man's farm, he shall be taxed for the whole of his farm, in the district where his house stands, .or where he resides." And he observes that on this point the law is clear, and that such has been the construction given it. " The same principle," he adds, governs the town assess- ments ;" the provision of law in this respect being that "where the line between two towns divides any occupied lot or farm, the same shall be taxed in the town where the occupant lives, provided he or she lives on the lot." At page 69, however, of the same volume he lays down the rule in the following terms : "Where a person purchased a lot in an adjoining district, along side of his farm, it was decided that he was taxable for the lot purchased, in the dis- trict where it was situated. If his farm had been interesected by the district line when the commissioners formed it, then he would have been assessed for his whole farm in the district where his house was situated ; but the lot purchased is a distinct lot, and the lines of districts cannot he changed hy individucd purchases J^ The same doctrine is asserted in a subsequent decision made by Gen. Dix, at page 128 of the volume referred to. These two decisions have been repeatedly over-ruled by subsequent Superintendents, upon the ground that they establish a criterion by which to deter- mine the liability of property to taxation, in the class of cases under consideration, not recognized by the statute, viz : intersec- tion by the boundary line of the district, at the time of the forma- tion of the district, instead of at the time of making out the tax list. The language of the statute, in this respect, seems to be clear and explicit : " In making out a tax list, the trustees of school districts shall apportion the same on all the taxable inhabitants of the district, or corporations holding property therein, according to the valuations of the taxable property which shall be owned or possessed by them, at the time of making out such list, within 205 such district, or partly within such district and partly in an ad- joining district." The owner or occupant ot a farm, therefore, situated pai-tly in two adjoining districts, is taxable in the district where he actually resides, for the whole farm, provided he occupies or improves the whole as one farm, either hj himself, his agents, or servants. So if the owner of a farm situated wholly in one district, purchases a piece of land adjoining his farm, in another, and occupies the whole as one farm, it is taxable only in the district where such owner resides. If, however, there is a tenant on that portion of the farm situated in a different district from that of the owner's residence, such ten- ant is taxable in the district where he resides, for so much of the property as he rents or leases. This rule of taxation in no respect interferes, as has frequently been supposed, and as seems to be inferred from the tenor of the above named decisions of Messrs. Flagg and Dix, with the boun- daries of the respective districts. They remain unaltered and un- affected ; so that if that portion of a farm situated in a district other than that of the owner's residence, should again be sold to an in- habitant of the district in which it is situated, it would again be- come taxable in that district. The rule is one simply of taxation : and no more interferes with the territorial organization of districts, than does the corresponding principle applicable to town assess- ments, with the boundary lines of towns or counties. It is based upon the injustice and inexpediency of requiring an inhabitant of one district to contribute to the expense of supporting the schools in another, merely because a part of his farm extends beyond the boundary line of his district, and operating, as it does, equally in every district, furnishes a guide to trustees in the assessment of taxes, which relieves them from much embarrassment and labor, otherwise unavoidable, in determining as to the relative value of detached portions of the same farm situated on either side of the boundary line of their districts. 3. All non-resident owners of real estate in the district, who im- prove and occupy the same by their agents or servants, are by § 87, (No. 110,) taxable therein for the property so owned, improved and occupied, in the same manner as though they actually resided therein. This provision is also to be construed in connexion with those above referred to, and is applicable in its full extent only to cases where the property so occupied is wholly situaled in the dis- trict. Where it is situated partly in the district where the owner actually resides, it is taxable only in that district. And where it is situated partly in two or more districts, in neither of which the owner resides, each districts must tax such oivner only for the part actually within its boundaries. It is also to be borne in mind that this class of cases' is distinct from that in which the land is occupied by a tenant — and also from that in which it is so occupied by a person working it under a contract for a share of the produce of 206 such land. In each of these cases the actual possessor is to be taxed in the same manner as though he were the owner. See § 86, (No. 109,) and § 88, (No. 111.) 4. All real estate situate in a district, within three miles of the school-house therein, and owned by non-residents, not included in either of the above class of cases, is also liable to taxation, and forms the subject of the directions contained in § 89 to 95 inclu- sive, in the act of 1847, (Nos. 112 to 118, both inclusive.) 5. Land in the district belonging to corporations, whether cul- tivated or not, is taxable for school district purposes. The provi- sion in the act of 1847, in this respect, produces a material altera- tion of the law as it formerly stood, and renders turnpike, railroad and plank road corporations taxable for so much of the land owned by th.em as is situated within the respective school districts through which their roads pass. Such corporations and all others, are to be regarded as residents of the districts where their principal place of carrying on business is situated, and non-residents elsewhere. By a decree of the Chancellor of this state, 4th vol. Paige's Chan. Rep. 384, it has been decided that railroad " companies, whose stock, or the principal part thereof, is vested in the lands necessary for their roads, and in their railways and other fixtures connected therewith, are taxable on that portion of their capital as real estate in the several towns or wards in which such real estate is situated." They are, of course, taxable in school districts for common school purposes, on so much of such real estate as is inclu- ded within the boundaries of those districts. In the decree referred to, it was also decided that such real estate " is to be taxed upon its actual value at the time of the as- sessment, whether that value is more or less than the original cost thereof." In ascertaining the value of so much real estate as is included within the boundaries of a school district, the trustees must, from the necessity of the case, be guided by the best evidence which it is in their power to obtain. They should ascertain from the as- sessment roll of the town the aggregate value of so much of the real estatfi of the company as is within the town. They should thqn ascertain whether the proportion of that value, in respect to the railway included within their district, is equal to the value of the whole of the real estate of the company included within an- other district, i)i which the length of the railway is the same. This cannot alwavs be the case, for within the boundaries of one school district tin; company vt'ill have a depot, while it has none in anoth- er district. Within one school district the railway may have a double, while in another it may have but a single track. All these circumstances must be ascertained and taken into consideration by the trustees. If the company has in a school district nothing but its railway, and has a depot within the same town, then the value of the depot should be deducted from the valution of the real es- tate of the company on the last assessment roll of the town, as pre- 207 lirainary to a valuation of that part of the railway which is within the boundaries of such district. — Com. School Dec. 350. The same principles are, in the main, applicable to plank road corporations. Banks are taxable for common school purposes. — Id. 87. Associations formed under the general banking law are corpora- tions, and as such are liable to taxation on their capital. — 1 Hill's Hep. 616; 3 id, 389. By chap. 327, Laws of 1846, " rents reserved in any leases in fee, or for one or more lives, or for a term of years exceeding twenty-one years, and chargeable upon lands in any town or ward," are to be "assessed to the person or persons entitled to receive the same as personal estate., at a principal sum, the interest of which, at the legal rate per annum, shall produce a sum equal to such an- nual" rents ; and in case such rents are payable in any other thing except money, the value of such annual rents in money shall be ascertained by the assessors, and the same shall be assessed in manner aforesaid." Trustees of districts are to include this spe- cies of property in their tax lists ; and if no property can be found on which to levy, and the tax remains unpaid, the collector should return accordingly, and the trustees apply to the County Treasur- er, who is required to issue his warrant to the Sheriff" of the Coun- ty where any real or personal estate of the person upon whom such tax is imposed, may be found, for the collection thereof. I'ROCEEDINOS IK CASE OV UNOCCUPIED AND UNIBIPROVED NON- RESIDENT LANDS. Where any real estate within a district, liable to taxation, is un- occupied, the trustees, at the time of making out their tax list, are required by ij 8!) of the act of 1847, (No. 112,) whenever they impose a tax on such property, " to make out 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 re- quired by law from town assessors, in making out the assessment rolls of their towns." If the tax is returned by the collector un- paid, upon receiving from him an account thereof, with the descrip- tions of the property, as directed to be made, and the amount of the tax, together with an aifidavit of the fact of non-payment, and of due diligence used for the collection, the trustees are to credit him with the amount, § 90, (No. 113,) to compare the account so rendered with the original tax list, certify to its accuracy, and trans- mit it, together with the collectors affidavit and their certificate, to the county treasurer, § 91, (No. 114,) who is to pay the amount so returned out of any moneys in the treasury raised for conti^lgent expenses. § 92, (No. 115.) Such county treasurer is to lay the account, affidavit and cer- tificate before the board of supervisors, who are to cause the amount of such unpaid taxes,with seven per cent in addition, to be levied on the lands of the respective non-residents liable to pay the 208 same ; which amount, when collected, is to be returned to the county treasurer, to reimburse the amount so advanced, with the expense of collection. § 93, (No. 116.) Any person whose lands are included in any such account, may pay the tax assessed thereon to the county treasurer, at any time before the board of supervisors shall have directed the same to be levied. § 94, (No. 117.) The same proceedings are to be had for the collection of the amount so directed to be raised by the board of supervisors, as are provided by law in relation to taxes on non-resident lands general- ly ; and upon a return to the comptroller of the arrears uncollected the amount is to be paid on his warrant to the county treasurer, and the state is to collect the same in the manner prescribed by law in respect to arrears of county taxes upon lands of non-residents. § 95, (No. lis.) To enable the trustees better to perform the duties thus devolv- ing upon them, that part of the Revised Statutes refeiTcd to in § 89, (No. 112,) and which is applicable, is hereto annexed: "§11. The lands of non-residents shall be designated in the same assessment roll, but in a part thereof separate from the oth- er assessments, and in the manner presci'ibed in the two following sections. " § 12. If the land to be assessed be a tract which is subdivided into lots, or be part of a tract which is so subdivided, the assessors shall proceed as follows : " 1. They shall designate it by its name, if known by one, or if it be not distinguished by a name, or the name be unknown,they shall state by what other lands it is bounded : " 2. If they can obtain correct information of the subdivisions, they shall put down in their assessment rolls, and in a first column, all the unoccupied lots in their town or ward, owned by non-resi- dents, by their numbers alone and without the names of their own- ers, beginning at the lowest number and proceeding in numerical or- der to the highest : "3. In a second column, and opposite to the number of each lot, they shall set down the quantity of land therein liable to taxa- tion : "4. In a third column, and opposite to the quantity, they shall set down the valuation of such quantity : "5. If such quantity be a full lot, it shall be designated by the number' alone ; if it be a part of a lot, the part must be designated by boundaries, or in some other way, by which it may be known. " § 13. If the land so to be assessed be a tract which is not sub- divided, or if its subdivisions cannot be ascertained by the assess- ors, they shall proceed as follows : " 1. They shall enter in their roll the name or boundaries there- of, as above directed, and certify in the roll that such tract is not subdivided, or that they cannot obtain correct information of the subdivisions, as the case may be : 20d '* 2. They shall set down in the proper column the quantity and valuation as above directed: " 3. If the quantity to be assessed be the whole tract, such de- scription by its name, or boundaries will be sufficient ; but if a part only is liable to taxation, that part or the part not liable must b« particularly described : "4. If any part of such tract be settled and occupied by a res- ident of the town or ward, the assessors shall except such part from their assessment of the whole tract, and shall assess it as other oc- cupied lands are assessed." The residue of the sections relates to the making of a map which is supposed not to be applicable to trustees of school districts ; if a map is already on file, the trustees might refer to it in aid of their descriptions. 4. VALDATIONS OF PROPERTY, HOW ASCERTAINED, AND MODE OF PROCEEDING WHEN REDUCTION IS CLAIMED. The valuations of taxable property are to be ascertained, as far as possible, from the last assessment roll of the town, and no person is entitled to any reduction in the valuation so ascertained, unless he gives notice of his claim to such reduction to the trustees of the district before the tax list shall be made out. — § 96, (No. 119.) The assessment roll of the town, when signed and certified ac- cording to the provisions of the 26th section of title 2, chap. 13, 1 Revised Statutes, is to be deemed the last assessment roll of the town. By § 27, of the same title, this roll is to be delivered to the supervisor of the town on or before the first day of September in each year, to be by him delivered to the board of supervisors at their next meeting. According to the opinion of the supreme court in 7 Wendell, 89, the roll is then to be deemed completed, so that the trustees may use it as the basis of their tax list. It is true that it may after- wards be altered by the board of supervisors, by increasing or diminishing the aggregate valuation of real estate of the town to make it correspond with that of other towns. But it is obvious this will not aflTect the proportion between the inhabitants of the same town, so that an assessment apportioned on either roll would be the same, so far as the real estate is concerned. Should the proportions be varied when real and personal estates are assessed to the same person, yet under the decision referred to, the tax list made out upon the assessment roll as completed by the assessors before any N-ariation made by the supervisors would be valid. If any change is made by them, a subsequent tax list should vary also in the same particulars. Generally, the roll completed by the as- sessors will be a guide, but the trustees cannot be safe without re- curring to the roll after its correction by the supervisors, as it ha« been held by the supreme court in the case above referred to, and in other cases,' that if the tax list is made upon an assessment roll that is not the last valid one, the trustees will be personally liable. 14 210 The question is often raised, how far, and to what extent, the last assessment roll of the town is to be followed in the valuations- of trustees in levying taxes. It is to be adopted as the sole guide, where a valuation has actually been made by the assessors on pro- perty, the condition of which remains substantially the same. But where improvements have been made on real estate which has thereby actually been enhanced in value since the last assessment roll was completed, or where any material change has occurred in the situation of the property, it is obvious that the last assessment roll ceases to be a standard of valuation. So, where an inhabitant acquires or parts with personal property, since the assessment roll was made out. And it is to be recollected that trustees are bound to follow the last assessment roll as far as possible, only with refer- ence to the valuations of property. Where it has changed hands, they are to put the assessment to the present owner, adopting the valuation of the town assessors. Where, for instance, one inhabi- tant sells his farm to another, the trustees, in levying a tax, are to assess the farm to the vendee, at the valuation of the town asses- sors, where no substantial improvement enhancing its value has oc- curred in the mean time ; reducing, if the circumstances require it, the valuation of his personal property, by the amount paid or se- cured to be paid as the consideration money of the purchase, and increasing by the same amount the valuation of the personal estate of the vendor. In either of these cases, however, as an original valuation by the trustees in part would become necessary, the pro- ceedings prescribed by § 97, (No. 120,) would be requisite. But where a mere exchange of real estate is effected, no change in the valuations should be made, unless in the cases above specified, of substantial improvements or alterations ; the names of the respec- tive persons liable, only, requiring to be changed. Where a reduction is duly claimed, and where, for any reason, the valuation of taxable property cannot be ascertained from the last assessment roll of the town, the trustees are required by § 97, (No. 120,) to " 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 asses- sors are required by law to proceed in the valuations of taxable property." The proceedings to be had in such cases are specifically and particularly pointed out in the following extract from the Revised Statutes as amended by chap. 176, laws of 1851 relating to the assessment of taxes. Substituting the word " trustees" for " assessors," wherever it occurs, the directions there given will afford a perfect guide in all proceedings under section 97- It has been decided by the Superintendent, js. 319 Decisions, &c. that the notice may be given by posting it in three public places. It is to be given in all cases of variation from the town assessment roll. "8 6, [Act. of 1851,] Whenever any person on his own behalf, or on behalf of those whom he may represent, shall apply to the as- sessors of any town or ward to reduce the value of his real and 211 personal estate, as set down in their assessment roll, it shall be the duty of such assessors to examine such person under oath, touching the value of his or their said real or personal estate, and after such examination the}' shall fix the value thereof, at such amount as they may deem just, but if such person shall refuse to answer any question to the value of his real or personal estate, or the amount thereof, the said assessors shall not reduce the value of such real or personal estate. The examination so taken shall be written, and shall be subscribed by the person examined, and shall be filed in the otHce of the town clerk of the town or city in which such as- sessment shall be made, and any person who shall wilfully swear falsely on such examination before the assessors, shall be deemed guilty of wilful and corrupt perjury. '• § 7. The assessors of the several towns and wards of this State, shall have power to administer oaths to any person applying to them under the provisions of the sixth section of this act. " § 17, (R. S.) All real and personal estate liable to taxation, shall be estimated and assessed by the assessors at its full and true value, as they would appraise the same in payment of a just debt, due from a solvent debtor." After completing the assessment roll, section 19 provides that the assessors "shall make out one fair copy thereof, to be left with one of their number. They shall also forthwith cause notices thereof to be put up at three or more public places in their town or ward." " § 4. (Act of 1851.) " Such notices shall set forth that the as- sessors have completed their assessment roll, and that a copy there- of is left with one of their number, at a place to be specified there- in, where the same may be seen and examined by any person interested, until the third Tuesday of August; and that on that day the assessors will meet at a time and place also to be specified in such notice, to review their assessments. On the application of any person conceiving himself aggrieved, it shall be tlie duty of the said assessors on such day to meet, at the time and place specified, and hear and examine all complaints in relation to such assessments that may be brought before them ; and they are hereby empowered, and It shall be their duty, to adjourn from time to time, as may be necessary, to hear and determine such complaints ; but in the sev- eral cities of this State, the notices required by this section, may conform to the requirements of the respective laws regulating the time and place and manner for revising the assessments in said cities, in all cases where a different time, place and manner is pre- scribed by said laws from that mentioned in this act. " § 5. If the assessors shall wilfully neglect to hold the meeting specified in the last preceding section, each assessor so neglecting shall be liable to a penalty of twenty dollars, to be sued tor and recovered before any court having jurisdiction thereof, by the su- pervisor of the town, for the use of the poor of the same town ; and in case of such neglect to meet for review, any person aggrieved 212 by the assessment of the assessors may appeal to the board of su- pervisors, at their next meeting, who shall have power to review and correct such assessment. "§21. The assessor with whom such assessment roll is left shall submit the same, during the twenty days specified in such notice, to the inspection of all persons who shall apply for that pur- pose." It will be observed, that under the provisions of the act of 1847, (No. 108, § 85,) it is no longer necessary that the agent or servant of the non-resident owner should reside on, or " improve and oc- cupy " land situated within the boundaries of the district, in order to render such non-resident owner liable to taxation ; provided such land is taxable fov town and county purposes, and is situated within three miles of the site of the school-house of the district in which it lies. A non-resident owner is taxable for land occupied by an agent ; but not, if occupied by a tenant. If the person living on the pre- mises rents the land as tenant, such tenant is liable to be taxed for the premises so occupied by him. — Com. School Dec. 27 , The principle of this decision is fully sustained by the supreme court in the case oi Dubois vs. Thome, 7 Wendell, 518, in which a lessee of a non-resident owner was held liable for a tax for a part of a lot, and two sub-tenants for the parts occupied by them respectively. The court observed that the mere ownership of the property, with- out occupation by himself, his agent, or servant, was not sufficient to charge the non-resident owner with the tax. As the law now stands, however, such ownership will be sufficient in the absence of any occupation by a tenant. A saio-mill, having an agent or servant in charge of it, is taxable to the non-resident owner. — Com. School Dec, 82. So a factory unoccupied, is taxable to the non-resident owner. — Id. 100. Where there is a known error in the town assessment, the trustees may correct it in the district assessment. For instance, if a resident of a district should purchase or sell a lot after the town assessment had been made, the trustees would be required to vary the district assessment accordingly. But where there is no change in the property of the district, and the valuation is a matter of opin- ion merely, the trustees must be guided by the last assessment roll of the town, even though in their judgment such property, or any portion of it, is worth more or less than the estimate put upon it by the town assessors.— Cow?. School Dec. 3. Alterations by the trustees from the last assessment roll of the town, by reason of improvements subsequently made, in consequence of which the property assessed has Ijecome enhanced in value, should be made only where such improvements are complete. — Id. 194. In assessing taxes in joint disti-icts, the last assessment roll in each town must be followed, with respect to the taxable property within it, notwithstanding the standard of valuation adopted by the 213 assessors of the respective. towns may be different. — /c?. 315. But e e § 72, (No. 194,) Laws, &c. Trustees cannot assess an individual for personal property if he has been taxed for none on the last assessment roll of the town, on the supposition that he may have more than his debts amount to. The assessment roll of the town settles the matter, and the trus- tees cannot vary the amount but from some Imoivledge of an altera- tion after that roll was made out, or to correct some known and acknowledged error. — Id. 342. Where land owned by the same person is situated in different districts in the same town, but all included under one assessment by the town assessors, if all the land is of the same description, and was actually valued at the same rate per acre, without any variation on account of improvements or otherwise; or if it ap- pears on the roll at what rates the separate parts were valued, then the valuation of the portion situated in any particular district may be ascertained by the trustees from such last assessment roll. But if the valuation by the town assessor was general., and if the land was of different degrees of quality or value, or if a dwelling-house or other improvements are situated in one district and none in an- other, a new and original assessment must, in such case, be made by the trustees, giving the notices, &c., and proceeding in the mode required by law. — Per Spencer, Supt. Jan. 1841. Unless a reduction is claimed, or some departure from the last assessment roll of the town becomes necessary, trustees are not required to give notice of the assessment of a tax. — Com. School Dec. 40. Land purchased after a tax is voted, but before the tax list is made out, must be assessed to the purchaser if he resides in the district. — Id. 8. Persons leasing specific portions of a lot are to be taxed for so much as they lease. — Id. 1 6. Persons about to remove from a district must be included in a tax list, if the}' are actually inhabitants when the list is made out. —Id. 66. A store and lot must be taxed in the district in which they are situated, but goods in a store are to be taxed in the district in which the owner resides. Real estate is taxable where it lies, and personal property where the owner resides. — Id. 71, 86. Bridge companies are taxable in the district where the tolls are collected. — Id. 74. If a person owns two farms and the district line separates them, and they are separately occupied, he is liable to be taxed for each farm in the district where it lies. But if they are occupied as on« farm, the whole is taxable only in the district where the owner re- sides. — Id. 8L And see ante. The general rule is, that where a new district is formed, and the line intersects a farm, the whole farm is to be taxed in the district where the owner resides. Separate tenancies are, however, excep- 214 tions to this rule. When a part of a farm is leased, it ceases to be an entire possession, and the part so teased must, with regard to taxation, be considered as following the residence of the lessee or tenant. — Id. 103. The vendor of a farm remaining in possession is liable for taxes assessed on it. — Id. 83. Trustees are bound to know the condition of the taxable proper- ty of their district, so that in assessing taxes no person shall be im- properly taxed. — Id. 108. The toll-house and gate of a turnpike or bridge company, inclu- ding a lot no more than sufficient for the accommodation of the toll-gatherer, are necessary appendages to the franchise, and taxa- ble a.s personcd estate in the district where the principal office of the company, for the transaction of its business, is situated. — Id. 135. Two or more taxes voted at the same time may be included in the same tax list. — Id. 158. If a taxable inhabitant sells his farm and remains in the dis- trict, he is liable to be taxed on the amount of the purchase money paid, or secured to be paid, as personal property, and the purchaser is taxable for the farm, according to its assessed value on the last assessment roll of the town. — Id. 285, 342. Trustees must include in a tax list every taxable inhabitant residing in the district at the time the list is made out* — Id. 109, 342. If, before a tax is assessed, the trustees ascertain that the whole amount voted will not be required, they may make out a tax list for a smaller sum. — Id. 342. If an inhabitant removes from a district before the end of one month after a tax is voted, and before the tax list is delivered to the collector, he cannot be included in it : the tax list, while remain- ing in the hands of the trustees, not being complete, except in cases where notice is required to be given in pursuance of law. — Id. 357, as subsequently modijied by Young, Superintendent. A tenant is taxable, whether a householder or not, for land oc- cupied and improved by him. He may board out, and yet, if he hire the lot and improve it, as a tenant, he is taxable for it. — Id. 155. The temporary occupancy of a house on a farm, by a person hired to work it by the month, does not, however, constitute such a tenancy as to subject such occupant to taxation for the farm. He can be regarded only as [agent for the ownei\ — Per Dix, Superin- tendent, 1837. Where a person, assessed for a greater number of acres than his farm contains, omits to claim a reduction when the tax is assessed by the trustees, he will not be relieved subsequently on appeal. — , Com. School Dec. 341. Trustees, guardians, executors and administrators are taxable in their representative character, where they reside, for all the per- 915 sonal estate ami property in their possession, or under their control, belonging to the cestuique trust, ward, testator or intestate, whom they represent. By ^ 10, 1 R. S. 391, a deduction is to be made by the assessors for debts due from the individual assessed, in his representative character, as specified in § 27, 2 R. S. 87. It is in the power of such trustees, guardians, executors or administrators to claim a reduction under the provisions of § 79 of the school act, above referred to ; and to reduce the amount of such assessment by a specification of the value of the property. The question wheth- er the real owners of the property are to be directly or indirectly benefitted by the expenditure of the tax assessed upon it, does not appear to have been one of the considerations in the provisions above referred to, for it is manifest that the personal property in the hands of a trustee, guardian, &c., in Buffalo, is liable to be taxi- ed there, although the real parties in interest may live in Albany. After the administration of an estate in the hands of an executor or administrator, upon the rendition and settlement of a final ac- count of liis proceedings, the personal property is of course no lon- ger liable to taxation where he resides ; but so long as it is in his possession, or under his control, it is so liable. — Id. 157, 230. PERSONS AND PROPERTY EXEMPT FROM TAXATION. By § 89, (No. 121,) the trustees, in assessing a tax for building a school-house, are to exempt any person set off to their district, without his consent, from any other district, within four years pre- ceding the assessment of such tax, who shall have actually paid within that period, in the district from which he was taken, under a lawful assessment therein, a district tax for the same purpose. The burden of proof in this case undoubtedly rests with the person claiming the exemption, as the trustees can have no official knowl- edge of the fact. This exemption does not extend to taxes for repairs, or for any other purposes than building a school-house. By § 4 of chap. 13, 1 R. S. 379, (2d edition,) the following pro- perty is declared to be exempt from taxation : 1. All property, real or pei'sonal, exempted from taxation by the Constitution of this state or of the United States: 2. All lands belonging to this state or to the United States : 3. Every building erected for the use of a college, incorporated academy or other [incorporated] seminary of learning ; every building for public worship ; every school-house, court-house and jail; and the several lots whereon such buildings are situated, and the furniture belonging to each of them : 4. Every poor-house, alms-house, house of industry, and every house belonging to a company incorporated for the reformation of oflFenders, and the real and personal property belonging to or con- nected with the same : 216 5. The real and personal property of every public library r 6. All stocks owned by the state or by literary or charitable ia- stitutions : 7. The personal estate of every incorporated company not made liable to taxation on its capital by law : 8. The personal property of every minister of the gospel or priest of any denomination ; and the real estate of such minister or priest, when occupied by him ; provided such real and personal es- tate do not exceed the value of f 1,500. If such real and person- al estate, or either of them, exceed the value of $1,500, that sum is to be deducted from the valuation of the property of such minister, and the residue is liable to taxation : 9. All property exempted by law from execution. The land owned by a minister of the gospel, if rented^ can be taxed to the tenant. It is exempt from taxation to a certain ex- tent, only when occupied hy such minister. If, however, the oc- cupant is the agent merely of the minister, so as to render it neces- sary to make out the assessment against the latter as owner, the property is then exempt. Land occupied by a minister of the gospel as tenant, has been held exempt to the amount of $1,500, under the provision above quoted. — Com. School Dec. 61. 6. WHEN TAXES MAT BE IMPOSED BY TRUSTEES WITHOUT BEING SPECIFICALLY VOTED. By § 109 of the act of 1847, (No. 129,; " When the trustees of any school district are required or authorized by law, or by vote of their district, to incur any expense for such district, and when any expenses incurred by them are made by express provision of law a charge upon such district, they may raise the amount thereof by tax, in the same manner as if the definite sum to be raised had been voted by a district meeting, and the same shall be collected and paid over in the same manner." By § 104 of the act of 1847, (No. 127,) the trustees are required to purchase two blank books, for the purposes specified in that sec- tion, and by sub. 1. of §81, (No. 102,) a book is to be provided for recording the proceedings of the district. The trustees will be jus- tified in imposing a tax, or adding to the amount of any voted by the district, for the expenses of these books. By § 105, as amended by chap. 382, Laws of 1849, " When the necessary fuel for the school of any district shall not be provided, by means of a tax on the inhabitants of the district or otherwise, it shall be the duty of the trustees of the district to provide the neces- sary fuel, and levy a tax upon the inhabitants of the district to pay for the same." The inhabitants of the district sending to school may, hy volun- tary arrangement, furnish their respective proportions of fuel, ac- cording to the number of children and the length of time they send, but they cannot be compelled to do so hy a vote of the district ; and 217 where no tax is voted for the supply of fuel, and no arrangement of this kind voluntarily entered into and carried into effect by those sending to school, it becomes the duty of the Trustees, under the above provision, to furnish the necessary fuel and to levy a tax up- on the district therefor. 7. Form of a District Tax List to raise any tax voted or charged on a District, and of a Warrant for its collection. List of Taxes apportioned by the Trustees of District No. in the town of Trenton, on the taxable inhabitants of the said dis- trict, and corporations holding property therein, and upon real es- tate lying within the boundaries of such district, the owners of which are non-residents thereof, for the purpose of raising the sum of laid and charged on the said district, accoiiding to law. Names of inhabitants and Amount of Corporations, Taxes. James I homas, $6 00 The President, Directors and Company of the Bank of Utica 60 00 James Thomas, executor of the Estate of John Thomas, de- ceased, 50 00 Statement and description of unoccupied and unimproved Lands of non-residents of said district, upon which a tax has been imposed as above stated. No. and descriptions of Quant, of land Valuation of Amount lots and therein liable such quan- of parts of lots. to taxation. tity. tax. No. 17, 10 acres. S25 00 fO 75 Southwest quarter of lot No. 23, 21 « 6 00 50 Tract not subdivided,. 5 " 10 00 62^ Or, Tract, the subdivisions of which cannot be as- certained, bounded north by lot No. 17, south by north line of A. B., east by lot 15, and west by town line. (( (( (1 To the Collector of School District No. ten, in the county of Oneida. in the town of Tren- 218 Tou are hereby commanded to collect from each of the taxable inhabitants and corporations named in the foregoing list, and of the owners of the real estate described therein, the several sums mentioned in the last column of the said list, opposite to the per- sons and corporations so named, and to the several tracts of land so described, together with five cents on each dollar thereof for your fees, unless such amount is paid within two weeks from the receipt of this warrant, in which case you are to retain one per cent, only as your fees ; and in case any person, upon whom such tax is imposed, shall neglect or refuse to pay the same, you are to levy the same by distress and sale of the goods and chattels of the person or corporation so taxed, in the same manner as on warrants issued by the board of supervisors to the collectors of towns ; and you are to make a return of this warrant within thirty days after the delivering thereof to you ; and within that time to pay over all moneys collected by virtue hereof, to the trustees of the said ^dis- trict, some or one of them; and if any tax on the real estate of a non-resident mentioned in the said list shall be unpaid at the time when you are required to return this warrant, you are to deliver to the trustees of the said district an account thereof, according to law. Given under our hands this day of in the year one thousand eiglit hundred and forty A. B.) C. D. V Trustees. E. F.) By § 110 of the act of 1847, (No. 130,) it is not necessary for the trustees to affix their seals to any warrant. 8. WAKRANTS FOK THE COLLECTION OF TAx|lISTS AND KATE BILLS. By various provisions of the school act (No. 131, 132,) it is provided that the warrant annexed to any tax list for the collec- tion of a district tax or any rate bill for the payment of teachers' wages, shall command the collector, in case any person named in uch list shall not pay the sum therein set opposite to his name on demand, to levy the same of his goods and chattels in the same manner as on warrants issued by the board of supervisors to the collectors of towns, except as hereinafter specified in relation to rate bills. The time specified in any warrant, for its collection and return begins to run from the delivery of such warrant to the collector, and not from its date. — Com. School Dec. 286. Whei'e a warrant is signed by two trustees only, the presence or concurrence of the third will be presumed. — Id. 258. Trustees in office only, can sign warrants. — Id. 275. By § 112, 132, "If the sum or sums of money, payable by any person named in any tax list or rate bill, shall not be paid by him or collected by such warrant within the time therein limited, it may be lawful for the trustees to renew such warrant, in respect to such delinquent person ; or in case such person shall not reside 219 within their district, at the time of making out a tax list or rate bill, ur shall not reside therein at the expiration of such warrant, and no goods or chattels can be found therein whereon to levy the same ; tiie trustees may sue for and recover the same, in their name of ollice. Such renewal should be made at the earliest practicable period after the expiration of the time specified for the collection in the original warrant. It is not, however, necessary that it should be made prior to the expiration of such original warrant. Any second or subsequent renewal of such warrant must be with the written approbation of the Town Superintendent endors- ed thereon. Trustess may legally renew the warrants of their precessors in office. — Co7n. School Dec. 27. Where a district meeting votes to renew a warrant and col- lect a tax, the trustees may regard it as an original vote, and issue a new warrant for its collection. — Id. By ^100, as amended by the act of 1849 (chap. 382,) it is made the duty of the trustees, after the expiration of the thirty days al- lowed by law to deliver the tax list and warrant to the collector of the district, "and such collector is hereby authorized and directed, upon receiving his warrant, for two successive weeks, to receive such taxes as may be voluntarily paid to him ; and in case the whole amount shall not be so paid in, the collector shall proceed forthwith to collect the same. He shall receive for his services, on all sums paid in as aforesaid, one per cent, and upon all suras collected by him after the expiration of the time mentioned, five per cent ; and in case a levy and sale shall be necessarily made by such collector, he shall be entitled to travelling fees at the rate of six cents per mile, to be computed from the school house in such district." IV. DUTIES OF TRUSTEES IN RELATION" TO THE PURCHASE, CUSTODY AND SALE OF SCHOOL-HOUSES AND SITES, THE REPAIR OF SCHOOL-HOUSES, AND FURNISHING THEM WITH NECESSARY FUEL AND APPENDAGES. 1. rURClIASE, REPAIR AND CUSTODY OF SCHOOL-HOUSE. By sub. 5, of § 82 of the school act, (No. 103.) it is made the duty of trustees, and they are empowered "to purchase or lease a site for the district school-house, as designated by a meeting of the district ; and to build, hire, or purchase, keep in repair and furnish such school house with necessary fuel and appendages, out of the funds collected and paid to them for such purpose." If trustees undertake to remove a school-house, buy a lot for a site, or do any other act which they are not by law authorized to do without a vote of the inhabitants of the district, it is at their own peril. The inhabitants may ratify their proceedings by a subsequent vote ; but if they do not choose to do so, the trustees are without remedy. — Com. School Dec. 41, 222. 220 But where the inhabitants of a school district have, by a vote to that effect authorized their trustees to make repairs or do any other lawful act, involving an expenditure of money, they will be required to save them harmless, provided they have acted in good faith. The inhabitfnts may always limit a contemplated expenditure by voting a specific sum for the purpose. But if they neglect to do so, and give a general direction to the trustees to go on and make repair, &c., without restricting the amount to be expended, the Superintendent will, on the refusal of the in- habitants after the work is done, to indemnify them, for their rea- sonable and bona fide expenditures, order a tax to be levied for the amount. — Id. 222. By sub. 6 of §82, above referred to, it is provided that the trustees shall have the custody and safe-keeping of the district school-house." Questions have frequently arisen, as to the extent of the pow- er conferred by this last subdivision ; and to what uses the school house should be confined by the trustees. The general principle in relation to questions of this nature arising in the several school districts, is this; that it is the duty of the trustess to exercise such a general supervision over the care and management of the district school-house, as that the instruction of pupils in the school shall not be embarrassed by any use of the house other than for school purposes ; and that the property of the district, and the furniture, books, and papers belonging to the school, or the pupils, shall not be injured or destroyed. Any use of the house in subordination to these restric- tions, and not inconsistent with the main purposes for which it was designed, must be left to the determination and pleasure of those to whom it belongs, whose wishes and directions, in this re- spectjthe trustees are bound to carry out. The school-house is the property of the district, and subject to its control, within the limitations of the law. The purpose for which it was erected must be pursued, and nothing can be suffered to interfere with that. But when that purpose is accomplished, there is neither reason nor law for prohibiting its application to any object of social or moral improvement which the majority of the inhabitants may sanction. Upon this principle, and subject to the restric- tions and limitations referred to, it may be used, out of school hours, and when not wanted for any district purposes, for reli- gious meetings, Sunday schools, lectures, debating societies, or any other moral, literary, or useful purpose, with the approbation of a majority of the district and the consent of the trustees, or any two of them. Trustees cannot, however, allow any part of the district school house to be occupied for any other purpose than that of the dis- trict school, while such school is actually in progress. — Com. School Dec. 51. 221 Select or private schools will not be permitted to be kept in the district school-house. — Id. 111). Except in extraordinary cases, schools must be kf pt in the dis- trict school house : and by §120 of the act of 1847, (No. 140,) " Whenever it shall be necessary, for the accommodation of the children in any district, the trustees may hire temporarily any room or rooms, for the keeping of schools therein ; and the ex- pense thereof shall be a charge on such district." If there is no school-house in the district a school cannot be opened by the trustees until the inhabitants have designated the place. — Com. School Dec. 190. 2. SALE OF SCHOOL HOUSE AND SITE, A very important braiich of the duties incumbent upon trustees, is that which relates to the disposition of the school-house and site, when no longer required for district purposes. By §74, of the of act 1847, (No. 96,) the inhabitants of the district are author- ized, whenever the site of the school-house has been legnlly changed, to direct the sale of the former site, together with the buildings and appurtenances, or any part thereof at such price and upon such terms as they shall deem most advantageous to the district. In this case the trustees act merely as the ministerial officers of the district, and are bound to carry out the directions of the inhabitants. They are to execute the necessary convey- ances to the purchaser ; and when a credit is directed to be given for any portion of the consideration money, they are to take, in their corporate name, such security, by bond and mortgage or otherwise, as they may think proper; to hold the same as a cor- poration, and account to their successors ; and they are also authorized, in their name of office to sue for and recover the moneys due and unpaid upon any security so taken by them, or their predecessors, with interest and costs. They are by § 75 to apply the moneys arising from such sale to the expenses in- curred in procuring a new site, and in removing or erecting a school-house, so far as such application shall be necessary. V". THE EMPLOYMENT C3<^ TEACHERS AND THEIR PAYMENT, AND THE MAKING OUT AND COLLECTING OF RATE BILLS. ]. CONTRACTS WITH TEACHERS. By sub. 7 of §82, No. 103, trustees are "Jo contract with and employ all teachers in the district." The most fruitful source of difficulty in school districts, has been the loosness and irregularity with which these contracts have been made. In some districts the trustees are in the habit of agreeing to pay the teacher the whole amount of public money that should be received, be it more or less. This is unjust to the teacher or the district, and has almost always led to contention. The agree- ment should be to pay him a specific sum by the month or by the 222 quarter, adequate to the value of liis services. If the public money is not sufficient, the deficiency should be supplied by a rate- bill. It is not to be believed that any intelligent citizens will consider that sordidness to be economy, which prefers that their children should be brought up in ignorance, or instructed in error, rather than contribute the mere trifle which will secure them an education, sound and accurate, at least as far as it goes. When the rewards which other professions and avocations hold out to talent, knowledge and industry, are so liberal, how can it be expected that persons competent to the great business of instruc- tion, should devote themselves to it for a compensation inadequate to their support ? If the public money should be more than sufficient to i^emuner- ate the teacher, the trustees should consider whether they may not establish another school, or a district department.^ A large amount of public money indicates a large number of children, and of course there will be the materials for a large school, or for more than one, especially if they are of a character to command respect and inspire confidence. Should there be a surplus of public money, after paying a fair and just equivalent to the teachers who can be usefully employed, the district will always be relieved from the consequence of not expending the whole, upon application to the Superintendent. It is the duty of trustees of a school district to have a school kept in the district school-hoiase, wherever there are a number of children to attend sufficient to defray the expenses of a teacher : and if a portion of the public money has been assigned to each portion of the year, then it is their duty to have a school kept whenever the expense can be defrayed by the public money, and the rate-bills against those sending children to the school. This principle is applicable as well to summer as to winter schools. Trustees are bound to provide a school, whenever requested ^ by any portion of the inhabitants of the district, able and willing, with the help of the public money or otherwise, to defray its expense : and in this respect they are not to be governed or con- trolled by any vote of the district. The very object and business of their ofiPice is to provide schools ; and no district meeting can abridge their powers, or relieve them from the performance of their duty in this respect. — Per Spencer, Supt on appeal A practice prevails to a very considerable extent among the several school districts, of trustees' engaging with a teacher that he shall board wnth the parents of the children alternately. There is no authority for such a contract, and it cannot be enforced on the inhabitants. This compulsory boarding gives occasion to con- stant altercation and complaint, which often terminates in breaking up the school. The best arrangement is to give the teacher a specific sum and let him board himself. But there are some dis- tricts so destitute that it may afford the inhabitants considerable relief to be permitted to board the teacher. In such cases the object can be obtained in another way. Let the trustees contract 223 with the teacher at a specific sum per month, or by the quarter, and they may then agree with him, that if he shall be afforded satisfactory board at the house of any of the inhabitants, he will allow whatever sum may be agreed on per week for such board, to be applied to his wages, and will give an order on the trustees for the amount, to the person with whom he boards : and the trustees may then accept such order from the inhabitants, as payment to that extent upon his tuition bill, 'and deduct it from the s^mount to be paid the teacher, after having paid him the whole of the public money. It is strongly recommended that all contracts with teachers be made in writing, and a duplicate kept by each party. In no other way can justice be done to the parties in case of any dispute. The power of the trustees to contract with and employ teachers, cannot be controlled by the inhabitants ; although it should never be exercised, unless under very peculiar circumstances, in opposi- tion to the known wishes of a decided majority of the district. Contracts by trustees of school districts for teachers' wages are binding on them personally, individually and collectively, while they remain in office ; and on their successors after the expiration of their term: and trustees who are not in office, as such, are no longer personally answerable on such contracts. See 7 Wendell, 181, 4 Hill; Com. School Dec. 191, 282. A contract made by all the trustees of a district, but signed by two only, is binding upon all ; and the presence or concurrence of the third will be presumed from the signature of the remainder. So two trustees may enter into a contract, in the absence of the third, if he was duly notified of a meeting for that purpose, or was consulted, and refused to act. — McCoy vs. Comtree, 9 Wend. 17. In short, so far as the rights of third persons are concerned, a contract made by a majority of the trustees will be regarded as prima facie valid and obligatory. The party with whom the contract has been entered into is not bound to enquire whether the requii^ite preliminary steps to authorize the majority to act without the presence or concurrence of the third trustee have been taken or not. If a teacher's certificate is annulled, the trustees are at liberty to dismiss him, and to rescind their contract with him. They engage him as a qualified teacher, and the moment he ceases to be so, there is a failure of the consideration for the contract. If, however, the trustees continue him to the school after notice that his certificate has been annulled, it will be regarded as such a con- tinuance of the contract that they will not be allowed at a subse- quent period to dispute it. — Com. School Dec. 212. 2. MODE OF PAYING TEACHERS. This is specifically provided for by § 82, (No. 103,) above referred to. By subdivision eight, the trustees are " to pay the 224 wages of such teachers, when qualified, out of the moneys which shall come into their hands from town superintendents of common schools, so far as such moneys shall he sufficient for that purpose ; and to collect the residue of such wages, excepting such sums as may have been collected by the teachers, from all persons liable therefor." By subdivisions nine, ten, eleven, twelve, thirteen and fourteen, they are, " To divide the public moneys received by them, whenever authorised by a vote of their district, into not exceeding two por- tions for each year, to assign and apply one of such portions to each term during which a school shall be kept in such district, for the payment of the teachers' wages during such quarter or term ; and to collect the residue of such wages, not paid by the propor- tion of public money allotted for that purpose, from the persons liable therefor, as above provided. " To exempt from the payment of wages of teachers, either wholly or in part, such indigent persons within the district as they shall think proper, in any one quarter or term, and the same shall be a charge upon such district : " To certify such exemptions, and deliver the certificate thereof, to the clerk of the district, to be kept on file in his office : " To ascertain, by examination of the school lists kept by such teachers, the number of days for which each person not so exempt- ed, shall be liable to pay for instruction, and the amount payable by each person : " To make out a rate-bill containing the name of each person so liable, and the amount for which he is liable, and to annex thereto a warrant for the collection thereof : and " To dehver such rate-bill, with the warrant annexed, to the collector of the district, as directed by subdivision 14, of § 82, (No. 103,) and § 83, (No. 104.) By § 84, of the same act, (No. 105,) " where by reason of the inability to collect any tax or rate-bill, there shall be a deficiency in the amount raised, the inhabitants of the district, in district meeting, shall direct the raising of a sutficient sum to supply such deficiency, by tax, or the same shall be collected by rate-bill, as the case may require." In accordance Avith these several provisions, trustees of districts in making out their rate bills, will hereafter proceed as follows : 1. They will first ascertain the amount due to the teacher, under his contract, for the first quarter's services. 2. They will then apply so much of the public money as is ap- plicable to the term, in diminution of such amount. 3. They will assess the balance upon each inhabitant who has sent to the school during the term, (including indigent persons) ac- cording to the number of children and of days sent by each, as appears by the verified list kept by the teacher, under the 104th section of the aforesaid act. (No. 127.) 225 4. They will then proceed to exempt, either wholly or ir part, su«h indigent inhabitants as they may think proper for tlie pay- ment of their proportion of such assessment, and certify the whole amount of such exemptions, and deliver the certificate thereof to the clerk of the district, to be kept by him. 5. They will then make out a rate bill against those exempted in part, for the balance remaining after such partial exemption, and against those not exempted either wholly or in part, for the collec- tion of the amounts assessed against them respectively, and add their warrant, in the usual manner. Such warrants need not be under seal, and may be executed by the collector " in any other district or town, in the same manner, and with the like authority, as in the district for which he was chosen or appointed." CNo 126.) If \ ■ 6. The trustees will collect the amount of exemptions, a.s certified by them, by a tax, which they are authorized to impose upon all the taxable inhabitants of the district. They may immediately proceed to impose this tax ; or they may add the amount to any tax thereafter imposed for district purposes, as may be most con- venient. Trustees should exercise a liberal discretion in making exemp- tions in behalf of indigent inhabitants, so that the charge for tuition shall in no case be burdensome : while on the other hand, they should never allow the consideration of the trifling amount of the general tax for such exemption when levied upon the whole taxa- ble property of the district, to tempt them into an unnecessary ex- ercise of the powers confided to them. To illustrate this proceeding more fully, let us apply the several steps necessary to be taken in ordinary cases. Suppose a teacher employed for the usual term of four months at $20 per month. The public money, including local funds, belonging to the district, and applicable to the term, either by the decision of a district meeting, as above specified, or by the determination of the trustees, is $40 : the amount due the teacher for his quarter's services is of course S80, of which the trustees pay him $40 at once, from the public money, and take his receipt therefor. They then call upon him for his list, kept and verified according to the provisions of ^ 104, (No. 127,j and after havmg ascertained froui such list, the number of days' attendance for which each person sending to school is liable, they will proceed to assess the respective proportions of the remaining !S40, from each, according to the whole number of days and children sent. Thus if one inhabitant has sent four chil- dren for 104 days, he will be charged for 416 days, and so on. Suppose upon adding up the whole number of days thus ascer- tained, the total is found to be 4,000, for the average attendance of 40 scholars for the whole term : the proportion of $40 due for one scholar for each day, would be one cent : and this multiplied by the number of days each scholar attended, would give his pro- portion : and by adding the proportions of each belonging to the 15 226 same family, the amount due from each person sending to scliool is ascertained. The trustees then make out an assessment in the following form. Form of Assessment. Assessment containing the name of each person liable for teachers' wages in district No. in the town of Trenton, for the terra ending on the day of 185 , and the amount for which each person is liable. Names of inhabitants sending to school. John Jackson,. . . , James Johnson,. . Timothy Warner,. Peter Barney, Solomon Kinney,, William Jones,. . John Dye, William Johnson, Thomas Jones,. . John RadcliflT,, . . James Tunicliff,. John Simons,.. . . Joseph Williams, Whole No. 1 Amount of of days sent, school bill. 104 $1 04 416 4 16 312 3 12 50 50 54 54 416 4 16 104 1 04 104 1 04 520 5 20 520 5 20 520 5 20 520 5 20 360 3 60 3,120 ^40 00 The assessment should be signed by the trustees and filed with the district clerk. The next step is to exempt such indigent persons as the trustees may think proper, from the payment of the sums set opposite to their names, either wholly or in part. Suppose Peter Barney to be exempted wholly, and Thomas Jones and John Radclitf each from the payment of one-half the amounts assessed to them ; the trustees will first make out a certificate, to be filed with the clerk of the district in the following form : 3. CERTIFICATE OF EXEMPTION. We, the undersigned, trustees of District No. in the town of Trenton, do certify, that we have this day exempted Peter Barney from the payment of any share of the wages of the teacher employed in said district for the term ending on the day of ^7^^ 18 and Thomas Jones and John Radcliff each from the payment of one half the amount assessed to them respec- tively, as their share of such wages. Dated this day of ) A. B. IS y C. D. >- Trustees. E. F. 227 They will then proceed to make out their rate bill and warrant in the following manner : Form of Rate Bill and Warrant. Rate bill, containing the name of each person liable for teach, ers' wages, in District No. in the town of Trenton, for the term ending on the day of 185 and the amount for which each person not exempted, either wholly or in part, from the payment of such amount, is so liable, with the fees of the collector thereon. Names of inhabitants sending to school. John Jackson,. . . James Johnson.. . Timothy Warner,. Solomon Kinney,. William Jones,. . . John Dye, William Johnson,. Thomas Jones,. . . John Radcliff,.. . . James Tuiiicliff, . . John Simon. Joseph Williams,. Whole number o days sent. ! O 1 O 1 -^ ' o <» "c : i s 1 9 3 < 1 1 i 104 SI 4 3 4 1 1 2 2 5 5 3 04 16 12 54 16 M. 04 41G 312 54 416 Paid to teacher 1 04 104 S3 naid to tpnr.Iier. 520 60 ' 520j 60 520 20 I 520 20 360 1 60, 3,070 36 90 To the Collector of School District No. in the town of Trenton, in the county of Oneida. You are hereby commanded to collect from each of the persons in the annexed rate bill named, the several suras mentioned in the last column thereof, with five per cent for your fees, except on amounts paid in within two weeks after the receipt of this warrant at one per cent., and within thirty days after receiving this war- rant to pay the amount so collected by you, into the hands of the trustees of said district, or one of them; and in case any person therein named shall neglect or refuse to pay the amount set opposite his name as aforesaid, you are to levy the same by distress and sale of the goods and chattels of such person, except such as are exempt by section twenty-two, article two, title five, chapter six, part three of the revised statutes from levy and sale under execution. 228 Given under our hands, this day of in the year of Lord one thousand eight hundred and A. B. ) C. D. V- Trustees E. F.) There will still remain $3 10 of the amount due the teacher for his wages, being the amount of exemptions by the trustees ; and this sum must be levied by tax on all the taxable inhabitants of the district and corporations holding property therein, in the same manner as though such amount had been actually voted by the district to be raised. If the teacher can wait upon the district, or the trustees choose to advance the money in its behalf, the amount may be added to the next tax that may be voted for dis- trict purposes. It should, however, be assessed within a reason- able time ; and wherever the amount of exemptions is sufficient to warrant an immediate assessment, it should at once be levied. The trustees must exercise a sound discretion in this respect, with reference to the amount to be raised, and the probability of an early opportunity to add it to some district tax. The following property when owned by any person being a house-holder is exempt from the operation of the collecter's warrant, on a rate-hill, viz : " 1. All spinning wheels, weaving looms and stoves put up, or kept for use in any dwelling house : " 2. The family bible, family pictures and school books used by or in the family of such person ; and books not exceeding in value fifty dollars, which are kept and used as part of the family library : " 3. A seat or pew occupied by such person or his family, in any house or place of public worship : " 4. All sheep to the number of ten, with their fleeces and the yarn or cloth manufactured from the same ; one cow, two swine, the necessary food for them ; all necessary pork, beef, fish, flour, and vegetables actually provided for family use ; and necessary fuel for the use of the family for sixty days : " 5. All necessary wearing apparel, beds, bedsteads and bedding for such person and his family ; arms and accoutrements required by law to be kept by such person ; necessary cooking utensils ; one table ; six chairs ; six knives and forks ; six plates ; six teacups and saucers ; one sugar dish ; one milk-pot ; one tea-pot and six spoons ; one crane and its appendages ; one pair of and-irons and a shovel and tongs : " 6. The tools and implements of any mechanic, necessary to the carrying on of his trade, not exceeding twenty-five dollars in value." Sec. 22. Chapter 6. Art. 2. Title 5. Part 3. Rev. Stat. Where a person agrees to pay for a certain number of scholars, he is entitled to the benefit of the public money in reduction of their school bills — Com. School Dec. 83. In making out rate-bills, inhabitants of districts can only be charged for so much time, as their children have actually attended school. — Id, 15. 229 All children attending the district school must be charged at the same rate for tuition, without regard to the studies pursued. — Id. 47, A resident of a school district cannot be prosecuted bj the trustees for the amount due on his rate-bill. The only remedy against himjis by distress and sale of his goods and chattels. — Id. 254. In the exercise of the power conferred upon the trustees, of ex- empting indigent inhabitants of their district from the payment of the whole or of portions of their rate-bills, the utmost liberality, compatible with justice to the district, should be indulged. Noth- ing can be more at variance with the benign spirit and intent of the school laws, than the compulsory distress and sale of articles of absolute necessity to an indigent family, for the purpose of satisfy- ing the rate-bill for teachers' wages. And yet cases of this kind are frequently brought to the notice of the department. Every reasonable facility should be afforded to the children of the poor, for the attainment of all the blessings and advantages of element- ary instruction : and this should never be permitted to become in any degree burdensome to their parent^. Where any inhabitant of the district in indigent circumstances cannot meet the rate-bill for the payment of the teachers' wages, without subjecting himself to serious embarrassment, or his family to sensible deprivation, he should promptly and cheerfully be exonerated. A just feeling of pride may reasonably be expected to preclude any from availing themselves of this exemption, unless under the pressure of absolute necessity ; and occasional abuses of the privilege so accorded, are productive of less disastrous results, than a prevailing impression among the indigent inhabitants of a district, that their children can partake of the advantages of common school education, only at a burdensome charge to themselves, and by a sacrifice of the ordinary necessities and comforts of their families. Indigent persons may be exempted from the payment of school bills, whether there is public money to be applied to the term or not. — Com. School Dec. 56. The exemption of indigent persons from the payment of the wages of teachers is a matter of discretion with the" trustees, not regulated by any specific restrictions, but entrusted to them to be disposed of in good conscience, with a just regard to the rights of all concerned. — Id. 241. Trustees are the sole judges of the ability of the persons residing within their respective districts to pay their school bills. — Gom. School Dec. 254. The wages of an unqualified teacher must be collected by rate- bill agamst those sending to school, in the same manner as though he held a certificate, provided he was duly employed by the trustees. — irf. 61, 76, 213. The wages of two teachers, employed for different terms, or dif- ferent portions of the same term, at different rates of compensation, cannot be included in one rate-bill. — Id. 168, &c. 230 Trustees cannot transfer to teachers the right of enforcing the collection of their wages. If the teacher agrees to collect his own wages, it is right that he should do so, to the extent of his ability ; but in case of failure, the trustees alone can issue a rate-bill and warrant ; and they should do so notwithstanding any agreement to the contrary with the teacher. — Id. 288 ; Per Dix, SupH. Trustees cannot include in a rate-bill any other object than the wages of the teacher under the contract made by them. Where a person had from charitable motives, taken a poor family to reside with him, in his house, the children of which at- tended the district school, it was held that he was not liable for the tuition of such indigent children, unless they were sent to school by him under an express or implied contract to be responsible for such tuition ; and that if sent by their parents, or if they attended school of their own accord, the trustees should exempt the parents from payment of the tuition bill. — Per Spenceb, Suipt. 1840. A grandfather is not prima facie liable for the board or school- ing of a grandchild. He jaiay, however, become liable, in the same manner and to the same extent as any individual who has a youth residing with him whom he supports and suffers to go to school, without giving any particular directions on the subject. An im- plication would arise that it was by his assent. But the father or mother is prima facie liable : and some positive acts on the part of the grandfather must be shown, amounting to an assumption of liability on his part before he can be held responsible for the pay- ment of tuition under such circumstances. — Id. 1841. SCHOOLS FOR COLORED CHILDREN. By § 147 of the act of 1847, (No. 179,) a school for colored children may be established in any district, with the approbation of the commissioners, which is to be under the charge of th' trustees of the district in which such school is established. Trus- tees in their annual reports are also required particularly to speci- fy the number of such children over four and under twenty-one years of age attending such school from different districts, nam- ing such districts respectively, and the number from each attend- ing for four months, and instructed by a duly qualified teacher, which report is to form the basis of an apportionment to such school, of a share of the public money. The provisions contained in this section are more particularly applicable to those cities and large villages where no special legal provisions have been made for the instruction of colored children. The means provided, are it is true, altogether insufficient to meet the expense which must necessarily be incurred in the organiza- tion of these schools ; and inasmuch as the class of community for whose special benefit they are intended are generally unable to contribute to such expense, in any considerable degree, the 231 object in view can seldom be fully attained, but through the efforts of charitable and benevolent individuals in the several districts, from which the colored schools are composed. These efforts have hitherto been paralyzed from the absence of any legal power to effect the necessary organization ; and the pro- vision now made was, doubtless, intended to supply that defect, and to furnish a nucleus around which the benevolent exertions of the friends of education and humanity might be concentrated. If, however, in any of the country districts, a colored school can be organized and efficiently kept up for the requisite length of time, it is hoped no efforts will be spared to carry into effect the provisions of the section. Colored children are entitled equally with all others, to the privileges and advantages of the district school ; and wherever they can be grouped together in a separate 'school, under the charge of a competent teacher, they will be far more likely to derive the full benefits of such instruction as may be best adapted to their circumstances and condition, while at the same time, the disadvantages inseparable from their attendance at the district school, will be avoided. Trustees have power, with the assent of the Town Superin- tendent, and by a vote of the inhabitants of their district, to pur- chase, hire or build a school-house or room for the accommodation of the colored children of their own and other adjoining districts; to supply the same with the necessary furniture, fuel and appen- dages ; and to employ a competent teacher. By § 104, of the act of 1847, (No. 127,) the trustees of each district are to provide a book, in Avhich the teachers are to enter the names of the scholars attending school, and the number of days they shall have respectively attended, and also the number of times the school has been inspected by the Town Superintend- ents. This list is to be verified by the oath of the teacher. None but children residing in a school district can of right be benefitted by the public money. Indeed, the trustees can ex- clude all children, except those who are residents of the district, from the school. But if such non-resident children are permitted by the trustees to attend the school, their parents should be ap- prised of the conditions on which they are received ; and one of these conditions may be, that part of the public money shall be applied for their benefit. Where no such conditions how- ever are exacted by the trustees, and such non-resident children are admitted on the application and responsibility of an inhabi- tant of the district, the trustees must make out the rate bill against such inhabitant in the usual manner. Children of non-resident parents coming into a district and boarding for the purpose of attending school therein, are not en- titled to any share of the public money in reduction of their rate bills ; and their tuition, in such case, may be charged, in the first instance, to the person v/ith whom they board ; whose liability therefor can be discharged only by express notice to the trustees, 232 that he declines being accountable for such tuition. Where, however, such children are hired to labor or service in the family of an inhabitant of the district, or are regarded and treated ?is part of the family of such inhabitant and not as mere temporary boarders, they are entitled to participate equally with the other children of the district, in the public money.— Per Young, Sup't. 1842.. Trustees cannot refuse admittance in the school to any child whose residence is in the district, if such child complies with the reasonai)Ie and proper regulations of the school. — Com. School Dec. 47. No child residing in a school district can be excluded from the school on account of the inability of the parents to pay his tuition. — Id. 119. If a non-resident owner of taxable property in the district sends his children to the school in such district they should be permitted to attend, unless by their admission the school vyould become too crowded. — Id. 317, All children residing in a district and attending the school, are entitled to participate in the public money, without refer- ence to their ages. — Id. 34. As a general rule, all under the age of twenty-one years, and of a proper age to be benefitted by instruction, are entitled to admis- sion. Tliere must, however, be some discretion vested in the trustees, in regard to such admission. Children having infectious diseases — idiots — infants — and persons over twenty-one, may un- doubtedly be excluded ; and colored children, where their attend- ance is obnoxious to the greater portion of the patrons of the school, especially in cases where schools have been established for their separate benefit, within a reasonable distance from their residence. —Per Spencer, Sup't. 1841. It is the duty of the trustees to co-operate with the teacher in the government of the school, and to aid him, to the extent of their power and influence, in the enforcement of reasonable and proper rules and regulations ; but they have no right to dismiss a scholar, except for the strongest reasons ; for example, such a degree of moral depravity as to render an association with other scholars dangerous to the latter, or such violent insubordination as to ren- der the maintenance of discipline and order impracticable, in which case they may legally exclude him from the school, until sucb period as he may consent to submit to the reasonable rules and regulations of the teacher and trustees ; and if after sxscli ex- clusion he persists in attending, without permission from the OTrustees, and contrary to their directions, he may be proce^eded against as a trespasser. — Per Dix ojid Morgan, Sup'ts 1837 and 1850. 233 VI. DUTIES OF TRUSTEES IN REFERENCE TO THE DISTRICT LIBRARY. The trustees of each school district are constituted by law the trustees of the library. They are responsible for its preservation and care ; and the librarian is subject to their direction, and may at any time be removed by them from office for wilful dis- obedience of such directions, or for any wilful neglect of duty, or eren when they have reason to apprehend the loss of any books, or their injury or destruction by his misconduct. In case of such removal, or of a vacancy occurring from any cause, they are to supply such vacancy by appointment, until the next annual meet- ing of the district. They are personally liable to their successors for any neglect or omission in relation to the care and superinten- dence of the library, by which any books therein are lost or injur- ed, to the full amount of such loss or injury, and their action in re- ference to its management, may be at any time controled by the department, on appeal. By the 4th section of chap. 237, of the Laws of 1838, the sum of $55,000 from the annual revenue of the U. S. Deposit Fund, was required to be annually distributed " to the support of com- mon schools, in like manner and upon the like conditions as the school moneys now are or shall hereafter be distributed, except that the trustees of the several districts shall appropriate the sum re- ceived to the purchase of a district library for the term of three years, (afterwards by § 6 of chap. 177, Laws of 1839, extended to five years,) and by the act of 1843, indefinitely, with the mod- ifications thei'ein expressed. Trustees are, by this provision authorized to make the selection of the books for the library, as the application of the money is to be made by them. The object of the law for procifring district libraries is to diffuse information, not only, or even chiefly, among children or minors, but among adults and those who have finished common school education. The books, therefore, should be such as will be useful for circulation among the inhabitants generally. They should not be children's books, or of a juvenile character merely, or light and frivolous tales and romances, but works conveying solid informa- tion which will excite a thirst for knowledge, and also gratify it, as far as such a library can. Works imbued with party politics, and those of a sectarian character, or ho.stility to the Christian religion, should on no account be aduiitted ; and if any are accidentally received they should be immediately removed. Still less can any district be permitted to purchase school books, such as spelling books, grammars, or any others of the description used as textbook in schools. Such an application of the public money would be an utter violation of the law. If any case of improper selection of books should come before the Superintendent, by appeal from any inhabitant, such selection would be set aside ; and if it appeared 234 from the reports, which according to these regulations must be made that such books had been purchased, the Town Superinten- dent will be bound to withhold the next year's library money from such district. These penalties and provisions will be rigidly ch- forced ; for upon a faithful administration of the law the usefulness and the continuance of the system will depend. If the publie munificence be abused it will unquestionably cease. The selection of books for the district library, is devolved hj law exclusively upon the trustees ; and when the importance of this most beneficent and enlightened provision for the intellectual and moral improvement of the inhabitants of the several districts, of both sexes and all conditions, is duly estimated, the trust here confided is one of no ordinary responsibility. In reference to suck selections, but two prominent sources of embarrassment have been experienced. The one has arisen from the necessity of excluding from the libraries all works having directly or remotely, a sectarian tendency, and the other, from that of recommending the exclusion of novels, romances and other fictitious creations of the imagina- tion, including a large proportion of the lighter literature of the day. The propriety of a peremptory and uncompromising exclu- sion of those catch-penny, but revolting publications which culti- vate the taste for the marvellous, the tragic, the horrible, and the supernatural — the lives and exploits of pirates, banditti and despe- radoes of every description — is too obvious to every reflecting mind, to require the slightest argument. Unless parents desire that their children should pursue the shortest and surest road to ignominy, shame and destruction — should become the ready and apt imita- tors on a circumscribed scale, of the pernicious models which they are permitted and encouraged to study — they will frown indignant- ly on every attempt to place before their immature minds, works, whose invariable and only tendency is disastrous, both to the in- tellect and the heart. The exclusion of works imbued to any perceptible extent with sectarianism, rests upon the great conservative principles which are at the foundation of our free institutions. Its propriety is readily conceded when applied to publications, setting forth, defending, or illustrating the peculiar tenets which distinguish any one of the numerous religious denominations of the day from the others. On this ground no controversy exists as to the line of duty. But it has been strongly argued that those " standard " theological publi- cations which, avoiding all controverted ground, contain general expositions of Christianity — which assume only those doctrines and principles upon which all " evangelical " denominations of Chris- tians are agreed, are not obnoxious to any reasonable censure, and ought not, upon any just principles, to be excluded from the school district library. There are two answers to this argument, either of which is conclusive. The one is, that the works in ques- tion, however exalted may be their merit, and however free from just censure, on the ground of sectarianism, are strictly theological, 235 doctrinal or metaphysical ; and therefore no more entitled to a place in the vilotrict library than works devoted to the professional elucidation of law, medicine, or any other learned professions. Their appropriate place is in the family, church or Sunday school library. The other answer is, that in every portion of our country are to be found conscientious dissenters from the most approved theological tenets of these commentators on Christianity ; indivi- duals who claim the right, either of rejecting Christianity alto- gether, (as the Jews,) or of so interpreting its fundamental doc- trines, as to place them beyond the utmost verge of " evangelical" liberality ; and this too, without, in any degree, subjecting them- selves to any well-founded imputations upon their moral charac- ter as citizens and as men. The state, in the dispensation of its bounty, has no right to trample upon the honest convictions and settled belief of this or of any other class of its citizens against whose demeanor, in the various relations of society, no accusation can be brought ; nor can it rightfully sanction the application of any portion of those funds to which they, in common with others, have contributed, to the enforcement of theological tenets to which they cannot conscientiously subscribe. Any work, therefore, which, departing from the inculcation of those great, enduring and cardi- nal elements of religion and morality which are impressed upon humanity as a part of its birth-right — acknowledged by all upon whom its stamp is affixed, however departed from in practice, and incorporated into the very essence of Christianity as its pre-eminent and distinctive principle — shall descend to a controversy respecting the subordinate or collateral details of theology, however ably sustained and numerously sanctioned, has no legitimate claim to a place in the school district library , nor can its admission be coun- tenanced consistently with sound policy or enlightened reason. The following general principles have been laid down in a special report on common school libraries, prepared under the direction of the department by Henry S. Randall, Esq., Coun- ty Superintendent of common schools of Cortland county, and may be regarded as the settled principles of the department in refer- ence to this class of books : " 1. No works written professedly to uphold or attack any sect or creed in our country, claiming to be a religious one, shall be tolerated in the school libraries. " 2. Standard works on other topics shall not be excluded, be- cause they incidentally and indirectly betray the religious opinions of their authors. " 3. Works avowedly on other topics which abound in direct and unreserved attacks on, or defences of, the character of any religious sect ; or those which hold up any religious body to contempt or execration, by singling out or bringing together only the darker parts of its history or character, shall be excluded from the school libraries. 236 " Is it said that under the above rules, heresy and error are put on the same footing with true religion — that Protestant and Catholic, orthodox and unorthodox, TJniversalist, Unitarian, Jew, and even Mormon, derive the same immunity ? The fact is con- ceded ; and it is averred that each is equally entitled to it, in a government whose very Constitution avows the principle of a full and indiscriminate religious toleration. " He who thinks it hard that he shall not be allowed to combat, through the medium of the school libraries, beliefs, the sin and error of which are as clear to him as is the light in Heaven, will bear in mind that the library at least leaves him and his religious beliefs, in as good a condition as it found him. If it will not pro- pagate his tenets, it will leave them unattacked. If he is not allow- ed to use other men's money to purchase books to assault their re- ligious faiths, he is not estopped from expendmg his own as sees fit, in his private, or in his Sunday-school library — nor is he debarred from placing these books in the hands of all who are willing to receive them. His power of morally persuading his fellow men is left unimpaired; nor will he, if he has any confi- dence in the recuperative energies of truth — if he believes his God will ultimately give victory to truth — ask more. In asking, or condescending to accept the support of an earthly ""government, he admits the weakness of his cause, the feebleness of his faith. He leans on another arm than that which every page in the Bible declares all-sufficient. In what age of the world has any church entered into meretricious connexion with temporal governments, and escaped unsullied from the contact ? Any approximation to such connexion, even in the minutest particular — any exclusive right or immunity given to one religious sect or another in the school library or elsewhere, is not only anti-religious, but anti-re- publican. As men we have the right to adopt religious creeds, and to attempt to influence others to adopt them ; but as Ameri- cans, as legislators or officials dispensing privileges or immunities among American citizens, we have no right to know one religion from another. The persecuted and wandering Israelite comes here, and he finds no bar in our naturalization laws. The mem- bers of the Roman, Greek, or English church equally become citizens. Those adopting every hue of religious faith — every phase of heresy, take their place equally under the banner of the Eepublic — and no ecclesiastical power can snatch even 'the least of these' from under its glorious folds. Not an hour of confine- ment, not the amercement of a farthing, not the deprivation of a right or liberty weighing ' in the estimation of a hair ' can any such power impose on any American citizen, without his own full an entire acquiescence." With reference to the admission of novels, romances, and other works of the imagination, usually comprehended under the term ■' light reading, " the proper course to be adopted cannot be better illustrated than by the following extracts from a report of the ma- 237 jority of a committee appointed by the Board of Commissioners of common schools of the city of Utica, understood to be from the pen of William J. Bacon, Esq., to examine the books in the school district library of the city, and to report, among other thin^^s, as to the character and tendency of any objectionable works they might discover therein. " The importance of applying the funds provided by the state, with rigid regard to their appropriate object, is so weighty — an^ the temptations to misapply them, in consequence of a present prevailing fondness for light and equivocal literature, are so strong, that your committee deem it proper to enter somewhat into an ex- amination of the principles v/hich should govern those to whom is entrusted the responsible duty of making selections for school district libraries. " A library for instruction is a very different thing from a library for amusement. The circulating library of a place of pub- lic resort for invalids or persons in pursuit of ease and pleasure, is essentially of a trifling character : the library cf a college, or eminent public institute, is composed of graver and more elevated productions. While the book shelves of a light young man are filled with frivolous and amusing works, those of a student display the treasures of standard literature. School district libraries should not fall below the dignity of usefulness ; in proportion as they do, they foil of fulfilling the true design of their institution. " A consideration of the object of instituting these libraries will enable us to judge pretty correctly of the general character of books which should compose them ; it is obviously, the informa- tion and improvemeni of the body of the people who can read, without reference to parties, sects, classes, callings, or professions. 'The primary object of their institution,' says the Superintendent who recommended it, ' was to disseminate works suited to the in- tellectual improvement of the great body of the people, rather than to throw into school districts for the use of young persons, works of a merely juvenile character.' It was, in the language of a suc- ceeding Superintendent, 'to diffuse information — not only, or even chiefly, among children or minors — but among adults and those who have finished their common school education.' It was, in short, to pi'ovide a supplemental source of instruction to those on whom the common school has exhausted its more limited means. "Improvement and information, then, form the main object of these libraries. It is only thus that they become the proper sub- jects of public munificence. Entertainment, simply as entertain- ment,is not to be regarded in making selections for the school district library. It is no part of our public policy to provide amusements for the people. In this particular we have improved not only on antiquity, but on many modern governments, by substituting, in the place of vain and wasteful public shows and frivolities, those more substantial and elevating subjects of public bounty, which 238 consist in permanent and wise institutions, designed to fit our citi- zens for tlie proper discharge of their duties as members of a great community, whose duration and prosperity depend upon the know- ledge and virtue of the people. " We first teach the children of the republic to read, and to ap- preciate instruction. We lead them to thirst for information, and then seek to open the fountains which may satisfy that thirst. The common school is the first step in their advancement — the school district library is partially designed to be the second. It supplies infoi-mation of a more varied and extensive sort — and if that information comes clothed in allurements of a virtuous, or entertain- ment of an innocent character, it is the more welcome on that account. These are mere incidents, however — when they appear alone, they want that substantial recommendation wbicli is neces- sary to secure their introduction into the school district libraiy. Books designed for amusement simply — to while away a vacant hour, and be forgotten like ephemera— are evidently no worthy occupants of the shelves of such a library. There is enough which is instructive and substantial to exhaust the public liberality, with- out squandering the well-meant beneficence of the state in tran- sient and trivial publications, which amuse to-day and to-morrow are rubbish. ' The books, therefore,' says one of the Superintend- ents before quoted, ' should be such as will be useful among the inhabitants generally. They should not be children's books, oi' of a juvenile character, or light and frivolous tales and romances; but works conveying solid information, which will excite a thirst for knowledge, and also gratify it, as far as such a library can.' " The following remarks from the annual report of the Superin- tendent of common schools, for the year 1844, will exhibit more fully the view taken of this branchof the subject by the depart- ment : " There is reason to apprehend that the officers charged with the duty of selecting books for these libraries have too generally failed to appreciate the importance of a suitable pi-ovision for the intellectual and moral wants of the children of the district. Much misapprehension has existed on this subject, in consequence of the general prohibition, contained in the instructions heretofore communicated from this department, against the introduction into the school libraries of books of 'a merely juvenile character.' The true principles upon which the selections for these institutions should be made, may be clearly inferred, as well from the original design of the appropriation, as from the contemporaneous exposi- tion of the Superintendent, under whose immediate auspices it was first carried into effect. The distribution of the fund pro- vided for this purpose, was directed by the act under which it was supplied, to be made 'in like manner and upon the like condition as the school moneys are now or shall hereafter be distributed, except that the trustees of the several districts shall appropriate the sum received to the purchase of a district library,' The amount 239 of library money, therefore, under this provision, to which each district became entitled, was in proportion to the number of child- ren between the ages of five and sixteen, residing therein, com- pared with the aggregate number in all the districts, and not in proportion to the adult population merely, or the whole population combined. The primary object of the institution of district libra- ries, was declaimed in the circular of Gen. Dix accompanying the publication of the act of 1838, to be 'to disseminate works suited to the intellectual improvement of the great body of the people, rather than to throw into school districts for the use of the young, hooks of a merely juvenile character ; and that by collecting a large amount of useful information, where it will be easily accessible, the influence of these establishments can hardly fail to be in the highest degree salutary to those who have finished their common school education, as well as to those who have not. The object in view will probably be best answered by having books suitable for all ages above ten or twelve years, though the proportion for those of mature age ought to be by far the greatest.' When it is considered that the foundations of education are laid during the period of youth, and that the taste for reading and study is, with rare exceptions, formed and matured at this period, if at all, the importance of furnishing an adequate supply of books, adapted to the comprehension of the immature but expanding intellect — suit- ed to its various stages of mental growth, and calculated to lead it onward by a gradual transition, from oije field of intellectual and moral culture to another, cannot fail to be appreciated. And even if the intellectual wants of many of the inhabitants of the districts, of more mature age, are duly considered, it admits of little doubt that a due proportion of works of a more familiar and elementary character than are the mass of those generally selected, would have a tendency not only to promote, but often to create that taste for mental pursuits which leads by a rapid and sure progression to a more extended acquaintance with the broad domains of know- ledge. Those whose circumstances and pursuits in life, have hith- erto precluded any systematic investigation of literary subjects, and who, if they possessed the desire, were debarred the means of intellectual improvement now brought within their reach, can scarcely be expected to pass at once to that high appreciation of useful knowledge, which the perusal of elaljorate treatise on any of the numerous branches of science or metaphysics requires ; and the fact brought to view by the annual reports of the County Su- perintendents, that by far the greater proportion of the inhabitants of the several districts neglect to avail themselves of the privileges of the library, indicates too general a failure, to supply these in- stitutions with the requisite proportion of elementary books. " In the selection of books for the district libraries, suitable provision should be made for every gradation of intellectual ad- vancement ; from that of a child, whose insatiable curiosity eager- ly prompts to a more intimate acquaintance with the world of mat- 240 ter and of mind, to that of the most finished scholar, who is pre- pared to augment his stock of knowledge by every means which may be brought within his reach. The prevalence of an enlight- ened appreciation of the requirements of our people in this respect, has already secured the application of the highest grade of mental and moral excellence to the elementary departments of literature : and works adapted to the comprehension of the most immature intellect, and at the same time conveying the most valuable in- formation to more advanced minds, have been provided — wholly free, on the one hand, from that puerility which is fit only for the nursery, and on the other, from those generalizations and assump- tions which are adapted only to advanced stages of mental progress. A more liberal infusion of this class of publications, sanctioned by the approbation of the most experienced friends of education into our district libraries, would, it is confidently believed, remove many of those obstacles to their general utility, which otherwise are liable to be perpetuated from generation to generation."- It is the duty of the trustees to provide a plain and sufiicient case for the library, with a good lock, if the district shall have neo-lected to do so. They are also to cause the books and case to be repaired as soon as may be, when injured ; and to provide suf- ficient wrapping paper to cover their books, and the necessary writing paper to enable the librarian to keep minutes of the de- livery and return of books. These are proper expenses for the preservation and repair of the books, and are to be defrayed by a tax on the district, which is to be added by the trustees to any tax voted by a district meeting. It is not necessary that the tax to defray these expenses should be voted by the inhabitants of the district ; it is to be assessed and collected in the same manner as a tax for building or repairing a school-house, or to furnish it with necessary fuel and appendages. The trustees of each school district are required, at the time of making their annual reports, to deliver to the Town Superinten- dent of common schools of their town, a catalogue containing the titles of all the books in the district library, not previously report- ed, with the number of volumes of each set or series, and the con- dition of such books, whether sound, or injured, or defaced. This catalogue must be signed by them and by the librarian. Trustees are authorized by the regulations of the Superintendent in pursuance of law, to impose the following fines : 1st. For each day's detention of a book beyond the time allowed by the regulation, six cents, but not to be imposed for more than ten days' detention. 2d For the destruction or loss of a book, a fine equal to the full value of the book, or of theset, if it be one of a series, with the addition to such value of ten cents for each volume. And on the payment of such fine, the party fined shall be entitled to the re- sidue of the series. If he has also been fined for detaining such book, then the said ten cents shall not be added to. the value. 241 3d. For any injury which a book may sustain after it shall be taken out by a borrower, and before its return, a fine may be im- posed of six cents for every spot of grease or oil upon the cover or upon any leaf of the volume; for writing in or defacing any book not less than ten cents, nor more than the value of the book ; for cutting or tearing the cover, or the binding, or any leaf, not less than ten cents, nor more than the value of the book. 4th. If a leaf be torn out, or so defaced or mutilated that it cannot be read, or if any thing be written in the volume, or any other injury done to it, which renders it unfit for general circula- tion, the trustees will consider it a destruction of the book, and will impose a fine accordingly, as above provided in case of loss of a book. t" 5th. When a book shall have been detained seven days beyond the twenty days allowed by the regulations, the librarian is to give notice to the borrower to return the same within three days. If H'it returned at that time, the trustees may consider the book lost or destroyed, and may impose a fine for its destruction in ad- dition to the fines for its detention. Previous to the imposition of any fine, two days' written or rerbal notice is to be given by any trustee, or the librarian, or any other person authorized by either of them, to the person charged, to show cause why he should not be fined/or the alleged offence or neglect ; and if within that time good cause be not shown, the trustees must impose the fine herein prescribed. No other excuse for an extraordinary injury to a book, that is, for such an injury as would not be occasioned by its ordinary use should be received, except the fact that the book was as much injured when it was taken out by the person charged, as it was when he returned it. As such loss must fall on some one, it is more just that it should be borne by the party whose duty it was to take care of the volume, than by the district. Negligence can be prevented, and disputes avoided, only by the adoption of this rule. Subject to these general principles the imposition of all, or any of these fines, is discretionary with the trustees, and they should ordinarily be imposed only for wilful or culpably negligent injuries to books, or where the district actually sustains a loss, or serious injury. Reasonable excuses for the detention of the books beyond the twenty days, should in all cases be received. The librarian is to inform the trustees of every notice given by him to show cause against the imposition of a fine ; and they are to assemble at the time and place appointed by him, or by any notice given by them, or any one of them ; and to hear the charge and defence. They are to keep a book of minutes, in which every fine imposed by them, and the cause, shall be entered and signed by them, or the major part of them. Such original minutes, or a copy certified by. them, or the major part of them, or by the clerk of the district, is made conclusive evidence of the fact that a fine 16 242 was imposed as stated in such minute3,according to the regulations. It is the duty of trustees to prosecute promptly for the collec- tion of all fines imposed by them. Fines collected for the deten- tion of books, or for injuries to them, are to be applied to defray the expense of repairmg the books in the library. Fines collec- ted for the loss or destruction of any book, or of a set or series of books, are to be applied to the purchase of the same or other suitable books. VII. ANNUAL REPORT OF TRUSTEES. 1. WHEN TO BE MADE, AND WHAT TO CONTAIN. By section 116 of the act of 1847, (No. 136,) trustees are re- quired to make and transmit their annua) reports to the Tovra Superintendent, between xhe first and fifteenth days of January in each year. By § 115, (No. 137,) such report is to be dated on the first day of January, and must specify : 1. The whole time any school has been kept in their 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 : 2. The amount of moneys received from the Town Superin- tendent of common schools, during such year, and the manner in which such moneys have been expended : 3. The number of children taught in the district during such year, and the name and age of each child : 4. The name and age of each child residing in the district, on th6 last day of December previous to the making of such report, over theage of four years and under twenty-one years of age, (except In- dian children, otherwise provided for by law,) and the names of the parents or other persons with whom such children shall re- spectively reside and the number 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 insuring school-houses, for fuel, for sup- plying deficiencies in rate-bills, for district libraries or for any other purpose allowed by law, and such other information in relation to the schools and the districts as the Superintendent of common schools may from time to time require- By virtue of the authority conferred on the Superintendent, under this provision, they are also required to state in their an- nual reports, 1. The number of books belonging to their district library on the last day of December in each year : 2. The number of times the school in their district has been inspected and visited by the Town Superintendents, respectively, during the year reported : 3. The names of the several school books in use in the school in their district, during such year ; 248 4. The number of pupils who have attended the school in said district for a term less than two months, during the said year ; the Mumber attending two, and less than four months ; the number attending four and less than six months ; the number attending six and less than eight months ; the number attending eight and less than ten months ; the number attending ten and less than twelre months; and the number attending twelve months: 5. The number of select and private schools in their district, other than incorporated seminaries, and the average number of pupils attending them during the preceding year : 6. The number of colored children between the ages of four and twenty-one years, attending any school for such children established in the district, and instructed therein at least six months by a teacher duly licensed, specifying the number attend- ing from different districts, designating such districts, and the Bumber from eac^^ the amount of public money received from the Town Superintendent for such schools, during the year ending with the date of their report, and the amount paid for the compen- sation of such teacher, over and above the public money so received. One of the most important items in the annual report of trustees is the number of children residing in the district between the ages of 4 and 21, as it affords the most sure and practical test of the progress of primary education. There is reason to believe, that the reports have heretofore been very inaccurate in this respect. Some difficulty has, it is true, been experienced in determining with the requisite precision, the children proper to be included •within the boundaries of the several districts ; but the specific pro- visions of the late act, § 118, (No. 138,) will, it is believed, remove every difficulty of this kind. By that section it is required that the reports shall include all children over 4 and under 21, who, at the date of the report, are actually in the district, composing part of the family of their employers, &c., residing at the time in the district, although such residence, — that is of the employers, parents, &c., be temporary. But children belonging to the family of a person who is an inhabitant of another district, are not to be included. If therefore a person who is not an inhabitant of some other district, resides temporarily in a given district, all the child- ren belonging to his family are to be reported. The law embraces a class of persons who were not before enumerated in any dis- trict — those whose parents or employers had not gained a residence in the state. Children attending an academy, are to be enumerated, only where their parents are actually residents of the district in which the academy is situated. — Com. School Dec. 58. Trustees are expressly prohibited by law from including in their enumeration children supported at a county poor-house, § 117, (No. 137.) The children of a man removing on the last day of December from one district to another, are to be enumerated in the district into which he moves. The enumeration is made with a view to 244 the apportionment of the money for the succeeding year ; and it is proper that the money drawn upon the basis of that enumeratioff should as far as possible, go to the district in which the children enumerated are to reside, and in which the money received for their benefit is to be expended. — Com. School Dec, 216. A man cannot, however, gain a residence in a place unless he goes there with the intention of remaining. Where, therefore, an inhabitant of a school district leaves such district with the whole or a portion of his family a few days previous to the last of De- cember, and goes into another district, where after remaining a few days, he returns to the former district, his children are never- theless to be enumerated by the trustees of the district to which he evidently belongs. — Per Young, Sup't. Form of a district report to he made hy the Trustees to the Town Superintendent of Common Schools. To the Town Superintendent of common schools of the town of We, the trustees of school district number in said town, in conformity with the statutes relating to common schools, do certify and report,that the whole time any school has been kept in our dis- trict during the year ending on the date hereof, and since the date of the last report for the said district is, \_here insert the whole time any school has been kept in the district school-house, although for a part of that time it may have been kept hy teachers not duly quali- fied,'] and that during said year and since the date of said last report such school has been kept by a teacher [or teachers as the ease may he,] after obtaining a certificate of qualification, accor- ding to law, is \Jiere insert the time with precision:] that the amount of money apportioned to our district by the Tovrn Super- intendent of common schools during the said year and since the date of the said last report, except library money, is [here insert the whole amount, excepting library money, although it .may have been received in whole or in part by predecessors in office,] and that the said sum has been applied on our order to the payment of the compensation of teachers employed in the said district and licen- sed as the statute prescribes. [If the amount apportioned has not beeji expended, the reason for such omission should be particu- larly specified.] That the amount of library money received in our district from the Town Superintendent of common schools during said year and since the date of the said last report, is [here insert the whole amount of library money, although it may have been received in whole or in part by predecessors in office,] and that the said sum has been applied to the purchase of a library for the district, [or to the purchase of a map of the State of New York, a terrestrial globe, a black-board, 8^c., (specifying particularly the articles purchased) in pursuance of a vote of the district at a special meeting called and held aocording to law.] That the number of volumes belonging to the district library and on hand on the last day of December last, is [here insert the whole number 345 of volumes.~\ That the number of children taught in said distriot, during said year and since last report is [here insert the same, not by conjecture, but by reference to the teachers' list, or other authen- tic sources.'] That of the said children (10) attended less than two months; (5) two months and less than four; (8) four months and less than six ; (4) six months and less than eight ; eight months and less than ten ; ten months and less than twelve i twelve months. And that the number of children residing in our district on the last day of December last, who are over four and under twenty-one years of age, is [here insert the number, taking in such as resided in the district on the last day of December, and who were then over jour and under twenty-one years of age,~\ and that the names of the parents, and other persons with whom such children respective reside, and the number residing with each are contained in schedule A. annexed. [If a colored school has been taught in the district the following shoidd be added ;] That the number of colored children between the ages of 4 and twenty -one years attending a school taught in our district during the year aforesaid, by a licensed teacher for at least six months, was [24;] of whom [10] resided in said district, [5] attending from district No. 5, [4] from district No. 7, [2] from district No. 6, and [3] from district No. 19. That the whole amount of pub- lic money received from the Town Superintendent of common schools of our town, during the year aforesaid, for the use of said colored school, was S and that the said sura has been applied to the compensation of the teacher thereof; and that the amount paid to such teacher, over and above the public money so receiv- ed, was $ .] And we further report, that our school has been visited by the Town Superintendent times, during the year preceding this report, and that the sum paid for teachers' wages, over and above the public moneys apportioned to said district, during the same year, amounts to $ . [Is to be filled with the sum total of all the school bills for the year, after applying the school money to the payment of such wages] That the school books in use in said district during said year, are the following, viz : [Here specify the titles of all the text books used in the school during the several terms. That there have been private or select schools, not incorporated, taught in said district during the year aforesaid, and that the average number of pupils in attendance therein was. [Here state the number as near as can he ascertained.] Dated at the first day of January, in the year of our Lord one thousand eight hundred and A. B. C. D. y Trustees, E. F. 046 Form of a District Report, where the district is formed out offto^ or more adjoining towns. To the Town Superintendent of common schools of the town of We, the trustees of school district number , formed partly out of said town, and partly out of the adjoining town of , do, in conformity with the statutes relating to common schools, certify and report, That the school house in said district is situated in the town of . That the whole time any school has been kept in our district, during the year ending on the date thereof, and since the date of the last report for said dis- trict, is [^here insert the whole time any school has been kept in the district school-house, although Jor a part of that time it may have been kept by teachers duly qualified^ and that the time during said year and since the date of said last report, such school has been kept by a teacher, \or teachers, as the case may 5e,] after obtaining a certificate of qualification according to law is [here in- sert the time with precision^l That the amount of money appor- tioned to our district by the Town Superintendents of common schools, during the said year, and since the date of the said last report, excepting library money, is [here insert the whole amount excepting library money, although it may have been received in whole or in part by predecessors in office,"] and that of the said sum of money so as above stated to have been apportioned to our said district, to be applied to the payment of teachers' wages, the sum of was apportioned for and on account of that part of said dis- trict lying in the said town of and the sum of for and on account of the other part thereof lying and being in said towa of and that the said sum has been applied, on our order, to the payment of the compensation of teachers employed in said district, and licensed as the statute prescribes. That the amount of library money received in our district from the Town Superin- tendent of common schools during said year, and since the date of said last report, [here insert the whole amount of library money y although it may have been received in whole or in part by predeces- sors i'k office,"] that of the said sum of money so as above stated to have been received in our said district for the purchase of a (district library the sum of was received for and on account of that part of said district lying in said town of and the sum of for and on account of the other part thereof lying and being in the said town of and that the said sum was, on or before the first day of October last, applied to the purchase of a library for the district, [or to the purchase of maps, globes, SfC. (specifying the articles purchased) in pursuance of a vote of the district at a special meeting called and held in the manner pre- scribed by law.] That the number of volumes belonging to the district library and on hand on the last day of December last, is [here insert the whole number of volumes.] That the number of children taught in said district during said year, and since said last report, is [here insert the same, not by conjecture, but by re- ference to the teachers' list or other authentic sources.~\ That of the said children [10] attended less that two months, [8] two months and less than four, [6] four months and less than six, [8] six months and less than eight, [3] eight months and less than ten, ten months and less than twelve, twelve months. And that the number of children residing in our district on the last day of December last, who were over four and under twenty-one years of age, is [here insert the number, taking in such as actually re- side in the district on said day, and who were then over four and tmder twenty-one years of age, '\ and that the names of the parents or other persons with whom such children respectively reside, and the number residing with each are contained in schedule A. annexed. \_lf a colored school has been taught in the district the folloudng should be added :] That the number of colored children between the ages of 5 and 16 years attending a school taught in our district during the year aforesaid, by a licensed teacher for at least four months, (24,) of whom (lOJ reside in said district, (5 J attended from district No. 5, (4) from district No. 7, (2) from district No. 6, and (3j from district No. 19. That the whole amount of public money received from the Town Superintendent of common schools of our town during the year aforesaid, for the use of said colored school, was % , and that the said sum has been applied to the compensa- tion of the teacher thereof; and that the amount paid to such teacher over and above the public money so received, was $ .] That of the said children, so as above stated to have been taught in our said district, the number belonging to that part of said dis- trict lying in said town of is , and that the number belonging to the other part thereof, lying in said town of is . That of the said children between the said ages of four fwid twenty-one years, so as above, stated to reside in our district, the number residing in that pait of said district lying in said town of is , and that the number residing in the other part thereof, lying in said town of is And we do further report that our school has been inspected by the Town Superintendent during the past year [once or twice, «r not at all, as the case may be.] That the sum paid for teachers' wages in said district, over and above the pub- lic money apportioned to said district, during the same year, amounts to $ cents, of which dollars cents, were paid by that part of the district lying in the town of and dollars cents, by that part lying in the town of 248 f [ This blank is to be filed with the sum total of all the school bilk for the year, which are made out after applying the school money to the payment of the teachers' wages.~\ That the school books in use in said district, during said year, are the following, viz : \_Here specify the title of all the text boohs used in the school during the several terms.^ That there have been private or select schools, not incorporated, taught in said dis- trict during the year aforesaid, and that the average number of pupils in attendance therein was \_here state the number as near as can be ascertained.!^ Dated at , this first day of January in the year of our Lord one thousand eight hundred and A. P.) C. D. ) Trustees. E. F. ) By § 145 of the act of 1847, (No. 168,) "Town Superintendents of common schools, and trustees and clerks of school districts, re- fusing or wilfully neglecting to make any repCrt, or to perform any other duty required by law, or by regulations or decisions made under the authority of any statute, shall severally forfeit to their town, or to their district, as the case may be, for the use of the common schools therein, the sura of ten dollars for each such neg- lect or refusal, which penalty shall be sued for and collect- ed by the supervisor of the town, and paid over to the proper of- ficers, to be distributed for the benefit of the common schools in the town or district to which such penalty belongs ; and when the share of school or library money apportioned to any town or dis- trict, or school, or any portions thereof, or any money to which a town or district would have been entitled, shall be lost in conse- quence of any wilful neglect of official duty by any Town Super- intendent of common schools, or trustees or clerks of school dis- tricts, the officers guilty of such neglect shall forfeit to the town or district the full amount, with interest, of the moneys so lost ; and they shall be jointly and severally liable for the payment of such forfeiture." By § 123, of the school act, (No. 143,) "Every trustee of a school district, or separate neighborhood, who shall sign a false re- port to the Town Superintendent of common schools of his town, with the intent of causing such Town Superintendent to apportion and pay to his district or neighborhood, a larger sum than its just proportion of the school moneys of the town, shall, for each offence, forfeit the sum of twenty-five dollars, and shall also be deemed guilty of a misdemeanor." By § 15 of chap. 382, of Laws of 1849, « Whenever it shall be satisfactorily proven to the State Superintendent that any county or town superintendent, or other school officer, has embezzled the public money, or any money coming into his hands for school pur- poses, or has been guilty of the wilful violation of any law, or neglect of any duty or of disobeying any decision, order or^regu- 249 lation of the Department of Common Schools, the State Superin- tendent is hereby authorised to remove such officer from such office, by an order under the seal of office of the Secretary of State." VIII. TRUSTEES ACCOUNTING TO THEIR SUCCESSORS, PAY INQ OVER BALANCES AND DELIVERING PAPERS TO THEM. By § 125, et. seq. of the school act, (No. 145, et. seq.,) "The trustees of each school district sliall, once in each year, render to the district, at its annual meeting, a just and true account, in wri- ting, of all moneys received by them respectively, for the use of their district, and of the manner in which the same shall have been expended ; which account shall be delivered to the district clerk, and be filed and recorded by him. Any balance of such moneys, which shall appear from such account to remain in the hands of the trustees, or either of them, at the time of rendering the account, shall immediately be paid to some one or more of their successors in office. Every trustee who shall refuse or neglect to render such account, or to pay over any balance so found in his hands, shall, for each offence, forfeit the sum of twenty-five dol- lars, " It shall be the duty of his successors in office, or of the Town Superintendent, to prosecute without delay, in their nnme of office, for the recovery of such forfeiture ; and the moneys recovered shall be applied by them to the use and benefit of their district schools. Such successors shall also have the same remedies for the recovery of any unpaid balance in the hands of a former trus- tee, or his representatives, as are given to the Town Superintend- ent of Common Schools against a former Superintendent and his representatives ; and the moneys recovered shall be applied by them to the use of their district, in the same manner as if they had been paid without suit. All bonds or securities taken by the trustees from the collector of their district, shall, on the expiration of their office, be delivered over by them to their successors in of- fice." IX. SUITS BY AND AGAINST TRUSTEES. I. SUITS BY TRUSTEES. By § 74, Laws of 1847, (No. 96,) trustees are authorized to sue for and recover the moneys due upon any security taken by them or their predecessors in office, on the sale of the school-house and site of their district, in the cases provided for by that section, with interest and costs. By § 89, (No. 112,) trustees are authorized to prosecute for the amount due on a tax list or rate-bill, against non-residents of their district, where no goods or chattels can be found in the district whereon to levy. 250 By § 114, (No. 134,) they are directed, in case the moneys ap- portioned to their district are withheld by the Town Superintend- ent, to prosecute for the recovery thereof, with interest, or to pur- sue such other remedy for the recovery thereof as is or shall be given by law. This provision, it is supposed, is applicable only t© cases of illegal detention in the hands of the Town Superintendent of money apportioned to a district, and not to the withholding of such money in consequence of the discovery of some illegality or informality in the reports from the districts. Where the right of the district to its share is incontestible, and the amount is still with held for any reason, the trustees are directed to prosecute, and the proper remedy in such a case would be an action of assumpsit for money had and received to the use of the district or teacher against such Town Superintendent. By § 128, (No. 148,) trustees are directed to prosecute their predecessors for the recovery of the forfeiture of twenty -five dol- lars, incurred by a refusal or neglect to account, or to pay over any balance due from them, on the expiration of their term of office, and to apply the money recovered to the use and benefit of their school ; and by § 129, (No. 149,) they are authorized to prosecute for any unpaid balance in the hands of a former trustee, or his rep- resentatives, and directed to apply the amount recovered to the use of the district, in the same manner as if it had been paid without suit. By § 102, (No. 125,) they are also authorized to prosecute for the recovery, with interest and costs, of all forfeitures incurred by a collector, and unpaid balances in his hands, and to apply the mo- neys recovered in the same manner as if paid without suit. By § 61, (No. 83,) trustees are to prosecute for the recovery of the fine of ten dollars, with costs of suit, imposed upon any inhabitant, voting at any school district meeting, without being qualified. 2. SUITS AGAINST TRUSTEES. It is conceived that an essential service may be rendered to offi- cers connected with common schools, by informing them of some general principles to show the extent of their liability to suits by individuals. Officers required by law to exercise their judgments are not an- swerable for mistakes of law, or mere errors of judgment, without any fraud or malice. Jenkins vs. Waldrori, llth Johnson's Re- ports, 114. A public officer who is required by law to act in certain cases, according to his judgment or opinion, and subject to penalties for his neglect, is not liable to a party for an omission arising from a mistake or want of skill, if acting in good faith. Seaman vs. Pat- ten, 2d Gaine's Reports, 312. But an officer entrusted by the common law or by statute, is liar ble to an action for negligence in the performance of his trust, or 251 for fraud or neglect in the executionof his oflSce. Jenner vs. Jo- Uffe, 9 John. Rep. 381. And an officer who commands an act to be done by issuing a warrant or other process, if he act without jurisdiction of the sub- ject matter, or of the person, is liable as a trespasser. Horton vs. Auchmoody, 7 Wendell, 200. But if he have jurisdiction, errors in judgment do not subject him to an action. Mere irregularities in proceedings will not render an officer hav- ing dscretionary powers, or acting as a judge, liable to a civil suit. There is a large class of cases, in which the remedy is only by plea to the proceedings or by writ of error. — See Butler vs. Potter 17 Johns. 145, and Griffin vs. Mitchell, 2 Cotven's Rep. 548. The collector or other officer who executes process, has peculiar protection. He is protected, although the court or officer issuing such process have not, in fact, jurisdiction of the case ; if on the face of the process, it appears that such court or officer had juris- diction of the subject matter, and nothing appears in such pro- cess to apprise the officer but that there was jurisdiction of the person of the party affected by the process. Savacool vs. Bough' ton, 5 Wendell's Reports, 170. A contract made by all the trustees, and signed by two, is bind- ing ; and where a contract is signed or a warrant issued by two trustees, the presence of the third will be presumed, until the con- trary be shown. Two trustees can contract against the will of the third, if he was duly notified of a meeting of the trustees, or was consulted and refused to act. — McKoy vs. Courtree, 9 Wendell, 17. When a district votes a tax to purchase a new site, and build a ichool-honse thereon, where the consent of the Town Superintend- ent had not been obtained for a change of the site, [the district not being an altered one,] the trustees are liable in trespass for making out a tax list and issuing a warrant for the collection of such tax ; on the ground that the district had no authority to vote such a tax. Baker vs. Freeman, 9 Wendell, 36. Trustees are not liable as trespassers for omitting to insert the names of all the taxable inhabitants in the tax list, where there is no evidence of bad faith on their T^B,rt,—J5a^ton vs. Calendar, 11 Wendell, 90. Subordinate tribunals are not liable as trespassers for acts done growing out of an error of judgment. — lb. Trustees are liable in trespass for making out their tax list up- on any other basis than the last assessment roll of the town, after it has been reviewed and finally settled by the assessors. — Alexander vs. Hoyt, 7 Wend. 89. Inhabitants of a district must vote a precise and definite sum as a tax for building a school-house or any other purpose, and trus- tees will not be authorized to issue their warrant to levy a tax un- dpr a general vote. — Robinson vs. Bodge, 18 Johns. 351. 252 Trustees in office are liable on the contracts of their predeces- sors for the em{)lojment of teachei'S, personally, because they have the means of indemnifying themselves, and those who made the contract are not liable after the expiration of their term of otfice. — Silver vs. Gumming, 7 Wendell, 181. The court intimate a distinction between those cases where the trustees are not to act unless money is previously raised, and those where itistobe collected subsequent to the performance of the work. In the first class of cases they are not to incur responsibilities be- yond the means in their possession; they render themselves per- sonall}' responsible, and their successors are not holden. The first class of cases would seem to include those only which are specified in sub. 5 of § 82, ( No. 103,) and those in which blank books, maps, globes, black boards and other school apparatus may be procured by means of a previous tax. In these cases successors are suppo- sed not to to be liable, unless money comes into their hands for the purpose. In all other cases, it is supposed successors are liable on the con- tracts of their predecessors. It is quite important to trustees to know that the decisions of this department have been, uniformly, that their costs in any suit cannot be paid by a vote of the district to levy a tax for that pur- pose, as the only purposes for which a tax can be voted are speci- fied in the statutes, and this is not among them. Questions respecting the liability of trustees for their joint acts and tor the acts of each other are frequently presented. It becomes proper to state the grounds and limits of their responsibility in this respect, that they may be better enabled to guard against its conse- quences. The object being to secure fidelity to the trust and to prevent negligence and fraud, the rules which govern in the cases of exec- utors, guardians and other private trustees, must be applicable to officers holding a similar fiduciary relation to the public, and there- fore the principles which have been settled in those cases by the courts, will be the guide in determining the extent of the liability of the trustees. The general rule, as laid down by an eminent jurist, (Story on Equity Jurisprudence,) and sustained by the adjudged cases, is, that joint trustees are responsible only for their own acts, and not for the acts of each other, unless they have made some agreement by which they have expressly agreed to be bound for each other ; or have, by their voluntary co-operation or connivance, enabled the other to accomplish an object in violation of the trust. This rule is exemplified in the following cases : 1. Where money has been received jointly, all are in general liable for its application, and a joint receipt is presumptive evi- dence of the fact that it came to the hands of all ; but either may show that his joining in the receipt was formal or necessary, and that the whole of the money was in fact received by his compan- SMI; ions. And if it was misapplied before there was a reasonable op- portunity to control it, he would not be responsible. 2. When by any positive act, direction or agreement, of one joint trustee, the money is paid over and comes to the hands of the others, when it might and should have been otherwise con- trolled or secured by both, then each will be chargeable for the whole. There is great difficulty in applying this rule to the case of trustees of common schools. The money for distribution cannot be in the hands of more than one ; there are ordinarily no means of insuring a control over it by all, by depositing it in a bank or other place of security, and there is no authority by which any two trustees could require the third to give security for its faithful disbursement. One has as much right to its custody as another. The simple fact, therefore, that public money has been received by one and misapplied, cannot in itself render the others liable. It would seem therefore, that there should be some act of omission or commission on the part of the others to render them liable for the misconduct of their associate ; and here the following rule seems better adapted to the case : 3. If one trustee wrongfully suffer the other to detain the trust money a long time in his own hands without security, or should lend it to him on his simple note, or should join with the other in lending it on sufficient security, in all such cases he would be held liable for any loss. Of course, a trustee who has connived at or been privy to an embezzlement of the trust money would be liable. And if it be mutually agreed between them that one shall have the exclusive management of one part of the trust property, and the other of another part, both would be liable for the acts of each. Considering the equal rights and powers of each trustee, that the law has made no provision for requiring security from them, and the gross injustice of making an officer responsible for the misconduct of an associate over whom he has no control they ought not to be held liable for each other's acts unless there be some evidence of participation or connivance, like those specified in the third class of cases above mentioned. By section 108, of title 4, chap. 8, part 3, Rev. Stat., p. 476, vol. 2, 1st edition, [§112, p. 390. 2d edition, vol. 2,] it is provided that in suits against trustees of school districts, and other officers, " the debt, damages or costs recovered against them, shall be col- lected in the same manner as against individuals ; and the amount so collected shall be allowed to them in their official accounts." It is presumed that this provision does not relate to actions for personal delinquences, but to those only which arise out of an offi- cial duty. As the recoveries are to be " allowed them in their accounts," it is implied that they may retain the amount of monies in their hands, and set off the sums recovered. But this cannot apply to the public school moneys, as those moneys are appropri- ated by law to specific purposes, and cannot be diverted to any other. 254 By § 146, of the act of 1847, (No. 169,) it is provided that "in any suit which shall hereafter be commenced against Town Super- intendents of common schools, or officers of school districts, for any act performed by virtue 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 Super- intendent, no costs shall be allowed to the plaintiff in cases where the court shall certify that it appeared on the trial of the causa that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the Superintendent." By § 1, of chap. 172, laws of 1847, as amended by chap. 388, laws of 1849, it is provided that " whenever a suit shall have beea commenced, or shall hereafter be commenced against the trustees of a school district, in consequence of acts by them performed in pursuance of and by the direction of such district, for any act performed by virtue of, or ander color of their office, and such suit shall have been finally determined, or whenever after the final determination of any suit commenced by or against any trustees or other officers of a school district, a majority of the taxable inhabitants of any school district shall so determine, it shall be the duty of the trustees to ascertain in the manner hereinafter described, the actual amount of all costs, charges and expenses paid by such officer, and to cause the same to be assessed upon and collected of the taxable inhabitants of said district, in the same manner as other taxes of said district are by law assessed and collected, and when so collected to pay the same over to the officer, by virtue of this act, entitled to receive the same ; but this provision shall not extend to suits for penalties, nor suits or proceedings to enforce the decision of the superintendent. By § 2. " Whenever any person mentioned-'in the first sectiom of this act shall have paid any costs, charges or expenses as men- tioned in said first section, he shall make out an account of such charges, costs and expenses so paid by him, giving the items there- of, and verify the same by his oath or affirmation ; he shall serve a copy of said account so sworn to, upon the trustees of the district against which such claim shall be made, together with a notice in writing that on a certain day therein specified, he will present such account to the board of supervisors of the county in which such school district shall be situated, for settlement at some legal meet- ing of such board ; and it shall be the duty of the officer upon whom such copy, account and notice shall be served, to attend at the time and place in such notice specified, to protect the rights and interests of such district upon such settlement. § 3. " Upon the appearance of the parties, or upon due proof of service of the notice and copy of account mentioned in the second section of this act, if the said board shall be of opinion that such account or any portion thereof ought justly to be paid to the claim- ant, such board may by an order to be made by a majority of all the members elected to the same, and to be entered in its minutes require such account or such part thereof as such board shall be of opinion ought justly to be paid to the claimant, by such district to be so paid ; but no portion of such account shall be so ordered to be paid which shall appear to the said board to have arisen from the wilful neglect or misconduct of the claimant. The account, with the oath of the party claiming the same, shall be prima facie evidence of the correctness thereof. The board may adjourn the hearing from time to time as justice shall seem to require. § 4. "It shall be the duty of the trustees of any school district, within thirty days after service of a copy of such order upon them to cause the same to be entered at length in the book of records of said district, and to issue to the collector of said district a war- rant for the collection of the amounf so directed to be paid, in the same manner and with the like force and effect as upon a tax voted by said district." It will be perceived that two classes of cases are here alluded to. 1st. Where suits have been brought against trustees, in con- sequence of the performance of any official act by them, and such suits shall have been finally determined ; in which case, the trustees may at once make out their account of costs, charges and expenses, verify the same, and present it to the Board of Supervisors, with- out any action o« the part of the district ; or they may, in their discretion, procure a vote of the district to that effect : and 2d, When suits have been brought hy or against any trustees, or other officers of a school district, and such suits shall have been finallr determined ; in which case, (with the exception of suits brought against trustees, as above referred to,) a vote of the district is necessary to authorize an account of the costs, charges and expen- ses, to be made out, as provided by the second section, and laid before the Board of Supervisors. In both cases, no tax can be levied on the district for the amount of such costs, charges and expenses, except on the order of the Board of Supervisors, as specified in the third section. IX. MISCELLANEOUS PROVISION;? APPLICABLE TO TRUSTEES. 1. SCHOOLS FOR COLORED CHILDREN. By §147, of the act of 1847, (No. 179,) a school for colored children may be established in any district, with the approbation of the Town Superintendent, which is to be under the charge of the trustees of the district in which such school is established. Trust- ees, in their, annual reports, are also required particularly to spe- cify the number of such children over four and under twenty-one years of age attending such school from different districts, naming such districts respectively, and the number from each attending for six months, and instructed by a duly qualified teacher, which report is to form the basis of an apportionment to such school, by the Town Superintendent, of a share of the public money. Full and explicit instructions to Town Superintendents and trustees, 256 and the necessary forms for reports in relation to these schools, will be found under the appropriate heads. The provisions contained in this section are more particularly- applicable to those cities and large villages where no special legal provisions have been made for the instruction of colored children. The means provided, are, it is true, altogether insufficient to meet the expense which must laecessarily be incurred in the organization of these schools ; and inasmuch as the class of community for whose special benefit they are intended is generally unable to con- tribute to such expense in any considerable degree, the object in view can seldom be fully attained, but through the efforts of chari- table and benevolent individuals in the several districts from which the colored schools ai-e composed. These efforts have hitherto been paralyzed by the absence of any legal power to effect the ne- cessary organization ; and the provision now made, was doubtless intended to supply that defect, and to furnish a nucleus around which the benevolent exertions of the friends of education and humanity might be concentrated. If, however, in any of the country districts, a colored school can be organized and efficiently kept up for the requisite length of time, it is hoped no efforts will be spared to carry into effect the provisions of the section. Colored children are entitled equally with all others, to the privileges and advantages of the district school : and wherever they can be grouped together in a separate school, under the charge of a com- petent teacher, they will be far more likely to derive the full be- nefits of such instruction as may be best adapted to their circum- stances and condition, while at the same time, the disadvantages inseparable from their attendance at the district school, will be avoided. By Chap. 228 of the laws of 1845, (Nos. 174-178,) it is pro- vided that no person shall wilfully disturb, interrupt or disquiet any assemblage of persons met at any school district, with the assent of the trustees of the school district, for the purpose of receiving instruction in any of the branches of education usually taught in the common schools of this state, or in the science of music. Who- ever shall violate the provisions of the foregoing section, may be tried before any justice of the peace of the county, or any mayor, alderman, recorder, or other magistrate of any city where the offence shall be committed ; and upon conviction, shall forfeit a sum not exceeding twenty-five dollars, for the use and benefit of the school district in which such offence shall be committed. It shall be the duty of the trustees of any school district in which any such offence shall be committed, to prosecute such offender before any officer having cognizance of such offence. If any person con- victed of the offence herein prohibited, shall not immediately pay the penalty incurred, with the costs of conviction, or give security, to the satisfaction of the officer before whom such conviction shall be had, for the payment of the said penalty and costs within twenty days thereafter, he shall be committed by warrant to the common 257 jail of the county, until the same be paid, or for such tei-m, not ex- ceeding thirty days, as shall be specified in such warrant. It shall and may be lawful for any person who may be complained of for a violation of the provisions of this act, to demand of such magis- trate that he may be tried by a jury. Upon such demand, it shall be the duty of such officer to issue a venire to the proper officer, commanding him to summon the same number of jurors, and in the same manner, and the said court shall proceed to empannel a jury for the trial of said cause, in the same manner and subject to all the rules and regulations prescribed in the act providing for the trials by jury in courts of special sessions." 2. BOND TO BE REQUIRED OF THE COLLECTOR. Trustees are authorized by § 103, (No. 126,) to require of the collector of their district, before delivering to him any warrant for the collection of moneys, a bond with one or more sureties condi- tioned for the faithful performance of the duties devolved upon him as such collector. It is strongly recommended to trustees to exact of the collec- tor, the bond authorized under this section of the school law, before any warrant is placed in his hands. This practice will be attended with very little trouble, and will secure the district from all loss, and the trustees themselves from personal liability, in many instances. It will also secure the prompt collection of taxes and promote system and regularity in the financial affairs of the district. Form of a Bond to he givenV)y dlDistridt Collector. Know all men by these presents, that we, A. B. and C. D., (the collector and his surety,) are held and firmly bound to E. F. and G. H. &c., trustees of school district number in the town of in the sura of (hei'e insert a sum double the amount to be collected,) to be paid to the said E. F., G. H., &c., trustees as aforesaid, or to the survivor or survivors of them, or their successors ; to the which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this day of 18 &c. Whereas the above bounden A. B. has been chosen (or appoint- ed, as the case may be,) collector of the above mentioned school district number in the town of in conformity to the statutes relating to common schools ; now, therefore, the condition of this obligation is such that if he the said A. B. shall well and truly collect and pay over all moneys received by him as such col- lector and shall in all respects duly and faithfully execute all the duties of his office as collector of such district, then this obligation shall be void, otherwise to be in full force and virtue. Signed, sealed and delivered, in the pi'esence of A. B. [l. s.] C. D. [l. s.] 17 258 CHAPTER F: DISTRICT CLERK The general duties of this officer are particularly specified m § 74 of the school act, (No. 102.) He is to keep, in a book to be provided by the district, a record of the proceedings of each an- nual and special meeting held in his district: to give notice of the time, place and object of such meetings in the manner prescribed by law, and to preserve all records, books and papers relating to the district, and deliver the same, on the expiration of his official term, to his successor. By § 66 of the Laws of 1847, (No. 88,) he is to notify a spe- cial meeting for the election of officers, whenever the time for hold- ing the annual meeting has passed without such election being held ; and generally it his duty to give the necessary legal notices of a district meeting, whenever required to do so by a majority of the trustees. The purpose and object of such meetings should in all cases be set forth in general terms ; and this is specially requi-' red by law, when a meeting is called for the purpose of changing the site and removing the school-house in an unaltered district, [See No. 95.} And also when a tax is to be levied for the pur- chase of books for a district library. By § 69, (No. 91,) it is declared that "the proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent." But this provision will not exonerate a clerk from li- ability for gross neglect ; nor will it sanction an intentional omis- sion to give notice. Notices of annual and special meetings must be given at least five days before the day on which such meetings are directed to beheld; that is, the notices for a meeting to be held on Saturday for instance, must be given on or before the preceding Monday. In the case of annual meetings, or special meetings which have been adjourned, for a longer time than one month, a notice in wri- ting, affixed in at least four public places in the district, is sufficient, but notices o^ special meetings must be personally sensed on each inhabitant of the district liable to pay taxes, (which includes, of course, every legal voter in the district.) " by reading the notice in the hearing of such inhabitant, or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time and place of such meeting, at the place of his abode. (8 55^ No. 77.) Form of Notice for Annual Meeting. Notice is hereby given, that the annual meeting for the election of officers in District No. in the town of , 259 and for the transaction of such other business as the meeting may deem necessary, will be held at the school-house in said district on Mondah\, the day of at six o'clock, P. M. Dated this day of A. B., District Cleric. Form of a Notice for an adjnurned District Meetimi, to be posted up in four public places in the District. SCHOOL DISTRICT NOTICE. Notice is hereby given, that a meeting of the freeholders and in- habitants of school district No. in the town of authorized by law to vote therein, will be held at on the day of next, [or instant, as the case may be,] at o'clock in the noon, pursuant to adjournment. Dated this day of A. D. 18 . A. B. District Clerk. Form of a Notice for a Special District Meeting. To the clerk of district number The trustees of disti'ict number at a meeting held for the purpose, have resolved that a special meeting be called at the school-house, on the day of 18 at o'clock in the noon of that day, for the purpose of {choosing a col- lector in the place of A. B., removed, or whatever the object of tht meeting may be.) and for the transaction of such other business as the tneeting may deem necessary. You will therefore notify each inhabitant of the district entitled to vote therein, by reading this notice in his hearing, or if he is ab- sent from home, by leaving a copy of it, or so much as relates to the time and place of meeting, at the place of his abode, at least five days before such meeting. Dated at this day of 18 . A. B.) C. D V Trustees, E. F.) The district clerk of each school district in this state, is, by a regulation of the department, required within ten days after each annual or special meeting for the election of officers in his district, to forward to the town clerk, the names of the several officers elected at such meeting, and the offices to which they were respec- tively elected. The omission to do so, however in no respect in- validates the election or proceedings of the officers so chosen. In pursuance of § 32, of the act of 1841, the District School Journal is forwarded by mail, to the clerk of each district, whose duty it U, by that section, to cause each volume to be bound at the expense of the district, and to deposit the same in the district li- brary. He or one of the trustees is therefore bound to take the paper from the post-office, punctually, paying the postage, quar- 260 terly in advance : and the amount so paid, being an expenditure authorized by law, may be added by the trustees to any tax list thereafter made out for district purposes, and refunded to the clerk, or trustee paying it. Great care should be taken to secure the regular receipt and careful preservation of the numbers, which will be sent on the first of each month ; and with this view, the clerk should stitch them together in covers, as soon as they arrive ; and in no case permit them to be taken out of bis custody, although any inhabitant of the district should be allowed free access to them, for the purpose of perusal, at all proper hours. The same precau- tions should be observed, and the same freedom of access and per- usal allowed, in respect to the volume of Laws and Instructions, the volume of Common School Decisions and Laws heretofore pub- lished, and all other books, papers and documents belonging to the district, and placed under his official control. They will observe that heavy penalties and forfeitures are incur- red by them, under § 145 of the act of 1847, (No. 168,) for neglect of any duty devolved upon them by law ; and that they are made individually responsible for any loss that may accrue to their dis- trict, in consequence of such neglect, or omission. GHAPTER VI. COLLECTORS OF SCHOOL DISTRICTS. It is the duty of the collector of each district to collect and pay over to the trustees of his district, some or one of them, all moneys "" which he shall be required by warrant to collect, within the time limited by such warrant for its return, and to take the receipt of such trustee or trustees, for such payment. When required by the trustees, such collector is to execute a bond with one or more sureties, for the due and faithful perform- ance of his duty. 1. JURISDICTION OF THE COLLECTOR. By § 103, of the act of 1847, (No. 126,) the jurisdiction of the collector in the execution of his warrant, extends to any other dis- trict or town in the same county, or in any other county in the case of a joint district composed of parts of two or more counties, "in the same manner, and with the like authority, as in the dis- trict for which he was chosen or appointed." 2. MODE OP PROCEEDING IN THE COLLECTION OF TAXES. By various provisions of the school act collectors are authorized and required, in the execution of warrants, delivered to them for the collection of tax lists to collect the amount due from the re- spective persons named in such warrants, in the same manner that 261 collectors of toions are authorized to collect town and county taxes. This is specifically pointed out by the following extracts from the 13th chapter of the first volume of the Revised Statutes, (pa"-es 397, 398.) " § 1. Every collector, upon receiving the tax list and warrant, shall proceed to collect the taxes therein mentioned, and for that purpose shall call at least once on the person taxed, or at the place of his usual residence, if in the town or ward for which such collector has been chosen, and shall demand payment of the taxes charged to him on his propei'ty. " § 2. In case any person shall refuse or neglect to pay the tax imposed on him, the collector shall levy the same by distress and sale of the goods and chattels of the person who ought to pay the same, or of any goods and chattels in his possession, wheresoever the same may be found within the district of the collector ; and no claim of property to be made thereto by any other person shall be available to prevent a sale. " § 3. The collector shall give public notice of the time and place of sale, and of 'he property to be sold, at least six days previous to the sale, by advertisements to be posted up in at least three public places in the town where such sale shall be made. The sale shall be by public auction. " i^ 4. If the property distrained shall be sold for more than the amount of the tax, the surplus shall be returned to the person in whose possession such property was when the distress was made, if no claim be made to such surplus by any other person. If any other person shall claim such surplus on the ground that the prop- erty sold belonged to him, and such claim be admitted by the per- son for whose tax the same was distrained, the surplus shall be paid to such owner ; but if such claim be contested by the person for whose tax the property was distrained, the surplus moneys shall be paid over by the collector to the supervisor of the town, who shall retain the same until the rights of the parties shall be deter- mined by due course of law." " No replevin shall lie for any property, taken by virtue of any warrant for the collection of any tax, assessment or fine, in pursu- ance of any statute of this state." — 2d R. S. page 522, sec. 4. These provisions must, however, be subject to the action of con- gress, on. a subject which by the Constitution is within its jurisdic- tion. The constitution in express terms gives to congress the power " to provide lor organizing, arming and disciplining the militia." By the act of congress of May 8, 1792, vol. 2, Laws of the U. S. 298,) every citiz-en enrolled in the militia is required to provide himself with the following accoutrements, viz : " a good musket or firelock, a sufficient bayonet and belt, two spare flints and a knap- sack, a pouch with a box therein, to contain not less than twenty- four cartridges suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball ; or with 2Bf a good rifle, knapsack, shot ponch and powder horn, twenty balls suited to the boi'e of liis rifle, and a quarter of a pound ofpows. The only exemption, therefore, from the o|)eration of a collector's •wari'ant on a tax list, arises under the act of Congress be- fore quoted ; and this can only be extended to the arms, ammu- nition and accoutrements therein specified. In the collection of warrants on rate-hills, all property exempted by section 22 of article two, title five, chapter six of part three of the Revised Statutes, is exempt from levy and sale on such war- rants. For the extent of such exemption see ante pages 215, 216. The collector or other officer who executes process, has peculiar protection. He is protected, although the court or officer issuing such process, have not, in fact, jurisdiction of the case ; if on the face of the process it appears that such court or officer had juris- diction of the sv.hject matter, and nothing appears in such piocess to apprise the officer but that there was jurisdiction of the person of the party affTected by the process. Savacool vs. Boughton, 5 WertdelVs Reports, 170. By § 100, (No. 123.) of the school act, it is the duty of the collector, upon receiving his warrant, for two successive weeks to receive such taxes as may be voluntarily paid to him ; and in case the whole amount shall not be so paid in, the collector shall ibrth- ■R'ith proceed to collect the same. He shall receive for his services, on all sums paid as aforesaid, one per cent, and upon all sums col- lected by him after the expiration of the time mentioned, five per cent ; and in case a levy and sale shall be necessarily made by such collector, he shall be entitled to travelling fees, at the rate of six cents per mile, to be computed from the school house in such district. Where trustees receive payments on tax lists or rate-bills, they are regarded as receiving the same as the agents of the collector ; and the latter is entitled to his percentage on the amount so re- ceived, and may legally collect it by virtue of his warrant. The collector is also entitled to his percentage on the amount j)!ud by the trustees, notwithstanding no actual exchange of funds is made between the latter and the former. — Per Young, Superintendent 1843. A teacher, if otherwise eligible, may be collector ; but he cannot charge a percentage on voluntary payments of his own wages. — Id, 263 Where a collector levies upon and sells property for the payment of a tax list and the owner of the property refuses to receive the ^excess beyond an amount sutfieient to satisfy the warrant, the col- lector must retain the amount in his own hands, and rely upon his plea offender. — Com. Sch. Dec.., 217. In the execution of his warrant, the collector should aim to take property amply sutticient to satisfy the amount he is reipiired to collect, and no more. He is not bound to take any particular ar- ticle of property which may be offered: but if a< the request of the ozvner, he were to take and sell property worth ten times the amount required to be raised, such request would constitute a valid answer to the charge of making an excessive distress. — Id. 219. Where, by the neglect of a collector, moneys which might have been collected by him within the time limited, are lost to the dis- trict, he is liable for the amount, whether he has given a bond to the trustees or not. The bond is an additional security ; but it it is not required of him, he is not released from any obligation which the law imposes on him. — Id. 308. So, where a warrant runs out in his hands, he is answerable for any loss arising from his neglect, notwithstanding such warrant may have been afterwards renewed and delivered to his successor. —Id. A trustee of a school district cannot hold the office of collector. The same objection is not applicable to the district clerk ; although, as the law has created separate offices, it is better to carry out its intention strictly, by conferring them on difl'erent individuals. — Id. 142. If the warrant annexed to a rate-bill, or tax list, is signed by a majority of the trustees, it is sufficient for the protection of the col- lector, ahhongh the third trustee ivas not, in f net, present, or consul- ted.— Id. 328. Where a warrant is renewed by the trustees, the collector in office at the time of such renewal, must execute it. — Id. 47. Where a warrant is issued for the collection of a tax which has not been legally assessed, according to the last assessment roll of the town, or otherwise, or where the trustees have included in the tax list persons not liable to be so included, such warrant is a pro- tection to the collector, notwithstanding the trustees might be an- Bwerable in trespass. — Jd. 282. A collector cannot legally sell property after the expiration of his warrant, unless such warrant is renewed, notwithstanding a previous levy. — Id. 286. Where the collector, in the execution of a warrant, receives money current at the time of its receipt, but which subsequentlj becomes depreciated or valueless, before payment to the trustees, the district, and not the collector, must lose the amount. — Per Spencer, Sup't, 1841. The collector can pay over money collected by him only to the Jirustees, or on their order. — Per Dix, Sup't, 1838. 264 Trustees have no power to indemnify a collector for improperly selling property under their ■warrant. — Id. The representatives of a deceased person are not entitled to any delay in the payment of a rate-bill, or tax list, but are bound to pay on demand : and on refusal or neglect, the collector may pro- ceed to sell any property found on the premises. By § 27, sub. 2, 2 R. S. 28, taxes of all kinds have preference to any other demand. — Per Spencer, Sup't, 1840. Where a collector levies upon property out of Ms district, he- should put up notices of the sale of such property, as well in the district where the sale is to take place as in that of his residence. —Per Young, SupH, 1842. CHAPTER VII. LIBRARIAN. This officer is to be chosen at the annual meeting of the dis- trict. In case the inhabitants neglect at such meeting to choose offices, the distinct clerk becomes ex-ojficio librarian, until the vacancy is filled by the trustees, or by the inhabitants, at their next annual meeting. By section 137, Laws of 1847, (No. 156,) " The librarian of any district library shall be subject to the directions of the trustees thereof, in all matters relating to the preservation of the books and appurtenances of the library, and may be removed from office by them for wilful disobedience of such directions, or for any wil- ful neglect of duty." By section 139, of the same act, (No. 158,) " A set of general regulations respecting the preservation of school district libraries^ the delivery of them by librarians and trustees to their successors in office, the use of them by the inhabitants of the district, the number of volumes to be taken by any one person at any one time, or during any term, the periods of their return, the fines and penalties that may be imposed by the trustees of such libi-aries for not returning, losing or destroying any of the books therein, or for soiling, defacing or injuring them, may be framed by the Superintendent of common schools, and printed copies thereof shall be furnished to each school district of the state ; which re- gulations shall be obligatory upon all persons and officers having charge of such libraries, or using or possessing any of the books thereof. Such fines may be recovered in an action of debt in the name of the trustees of any such library, of the person on whom they are imposed, except such person be a minor ; in which case they may be recovered of the parent or guardian of such minor, unless notice in writing shall have been given by such parent or guardian to the trustees of such library, that they will not be res- 265 ponsible for any books delivered such minor. And persons with whom minors reside shall be liable in the same manner, and to the same extent, in cases where the parent of such minor does no! reside in the district." By ^ 141, (No. 160,) "The legal voters in any two or more ad- jo nmg districts may, in such cases as shall be approved by the town Superintendent of common schools, unite their library money* and funds as they shall be received or collected, and puicbase a joint library for the use of the inhabitants of such districts, wliich shall be selected by the trustees thereof, or by such persons as they shall designate, and shall be under the chai-ge of a librarian to be appointed by them ; and the foregoing provisions of this act shall be a])plicable to the said joint libraries, except that the pro- perty in them shall be deemed to be vested in all the trustees for the time being of the districts so united. And in case any such district shall desire to divide such library, such division shall be made by the trustees of the two district whose libraries are so united, and in case they cannot agree, then such division shall be made by three disinterested persons, to be appointed by the Super- intendent of common schools. By the regulations of the Superintendent made in pursuance of this provision, the librarian is required, whenever any library is purchased and taken charge of by him to make out a full and com- plete catalogue of all the books contained therein. At the foot of each catalogue he is to sign a receipt in the following form. I, A. B., do hereby acknowledge that the books specified in the preceding catalogue have been delivered to me by the trustees of school district No. in the town of to be safely kept by me as librarian of the said district for the use of the inhabitants thereof, according to the regulations prescribed by the Superintend- ent of common schools, and to be accounted for by me according to the said i-egulations to the trustees of the said district, and to be delivered to my successor in office. Dated, &c. A correct copy of the catalogue and receipt is then to be made to which the trustees are to add a certificate in the following form : We the subscribers, trustees of school district No. in the town of do certify that the preceding is a full and complete catalogue of books in the library of the said district now in fiosses- sion of A.. B., the librarian thereof, and of his receipt thereon. Given under our hands this day of 18 The catalogue having the librarian's receipt, is to be delivered to the trustees, and a copy having the certificate of the trustees, is to be delivered to the librarian for his indemnity. Whenever books are added to the library, a catalogue with a similar receipt by the librarian is be delivered to to the trustee*, and a copy with a certificate of the trustees that it is a copy of 266 the catalofTue delivered them by the librarian, is to be furnished to him. Every catalogue I'eceiveil by trustees is to be kept by them carefully among the papers of the district and to be delivered to their succes?ors in olfice. Whenever a new librarian shall be chosen, all the books are to be called in. For this purpose the librarian is to refuse to deliver out any books tor fourteen days preceding the time so prescribed for collecting lliem together. At these periods, they must make a careful examination of the books, compaie them with the catalogue, and make written statements in a column opposite the name of each book, of its actual condition, whether lost or present, and whether in good order or injured, and if injured, specifying in general terms, the extent of such injury. This catalogue, with the remarks, is to be delivered to the successors of the trustees, to be kept by them ; a copy of it is to be made out, and delivered to the new librarian with the library, by whom a receipt in the form above prescribed is to be given, and to be delivered to the trustees. Another copy certitied by them as before mentioned, is to be de- livered to the libr;uian. Ti'ustees, on coming into office, are to attend at the library for the pui'pose of con)|)aring th'e catalogue with the books. They are •at all limes when they think proper, and especially on their com- ing into office, to examine the books carefully, and note such as are missing or injured. For every book that is missing, the libra- rian is accountable to the trustees for the full value thereof, an I for the whole series of whic i it formed a part: such value to be determined by the trustees. He is accountable also for any in- jury which a book may appear to have sustained, by being soiled, defaced, torn, or otherwise. And he can be relieved from such accountability only, by the trustees, on its being satisfactorily shown to them that some inhabitant of the district has been charged or is chai'geable for the book so missing, or for the amount of the injury 60 done to any work. It is the duty of the trustees to take pi'ompt and efficient measui-es for the collection of the amount for which any librarian is accountable. The librarian must cause to be pasted in each book belonging to the library, a printed or written label, or must write in the first blank leaf of each book, specifying that the book belongs to the library of school district No, in the town of , naming the town and giving the number of the district ; and he is on no account to deliver out any book which has not such printed or wrinen declaration in it. He is also to cause all the books to be covei ed with strong wrapping paper, on the back of which is to b-e vviitten the title of the book, and its number in large figures. As new books are added, the numbers are to be continued, and they are in no case to be altered ; so that if a book be lost, its num- ber and tile must still be continued on the catalogue, with a note that it is misMng. 267 Thf' librarian must keep a blank book, that may be made by stitcbinji together half a dozen or more sheets of wii'tinj]^ [)a|)er. Let those be ruled across the width of the paper so as to leave five columns of the proper size for the following entries, to be written lengthwise ofthepa{)er; in the first column, the date of the de- liveiy of any book to any iniiabitant ; in the second, the title of the book delivered, and its number; in the third, the name of the person to whom delivered; in the fourth, the date of its return; and ill the fifth, remarks, respecting its condition, in the following form : Time of delivery. Title . ;!C.O.] § 9. The Supervisors of tlio county of Albany, at their annual meeting iu each year, shall cause a sum of money, equal to twice the amount of the money apportioned to tho city from the common scho >! fund, togctlicr with collector's foes, to be raised, levied and collected in the same manner that otiicr taxes arc raised, levied ami collected ; and when so raised, to be paid to the Chamberlain, for the sujiport of connn^ui schools in the city of Alba- ny, to be apportioned and distributed, as now provided for by law. ^ 2. All moneys ap])ortioned by the comnussioners of common schools to tho trustees of a district wl\ich shall have remained in the hands of the Chandierlain for one year after such apportionment, by reason of the trus- tees neglecting or refusing to receive the same, shall be added to the moneys next tlicrcalYcr to be apportioiied by the commissioners, and shall bo appor- tioned and paiil therewith and in the same manner. ^ o. No school district now formed, or hereafter to be formed, east of Perry street, .shall have power to hold a district school meeting, to vt)te a tux, or to do any act as a district meeting ; nor .'hall have jiower to soil or dispose of the district property, without a legislative enactment. AUBURN. [Laws of ISfiO. Chap.S-i9.] § 1. Title eight of an act to incorporate the city of Auburn, j)asscd March 21. 1848, is hereby repealed. § 2. The ofUces of the several trustees, clerks, collectors and librarians of school districts, in the city of Auburn, shall cease on the thiril Tuesday in April, one thousand, eight hundred and fifty, in like manner as if tlu' same had e.xpired by lapse of time. The iidiabitants of said city, qualitied to vote at school district meetings, shall assemble in their respective scliool di.s- tncts on the day last mcntionod, at the .school house in s\icli district, and choose one trustee and a cl.'rk of the district, who shall hold their respect- ive ofHces until the next annual district meeting in the district, for wliich they shall be respectively chosen, and untH their successors sliall have becQ severally chosen. Such anntud district meeting shall hereafter be holden in the several districts in said city, on the second Monday in March in each year ; and from and after tho passage of this act, only one trustee shall be cliosen annually in any school district in said city. i$ ;>. Tile trustee elected in any district in said city, shall have the power and it shall be his duty, to call special meetings of the inhabitants of such distri(;ts liable to pay tuxes, wlu-never ho shall deem it necessary or jiroper to give notice of sp.'cial, annual and adjourned meetings, in the nianiua- prc- sa-ibcd iu this act, if there be no cderk of the district, or he lie absent or in- capable of acting, or sliall refuse or neglect to give sucli notice ; to visit the schools kept in tlie district as often as once ir each quarter, and to re]iortthe CoiulitioH of the same, witli such suggestions for the improvement thereof as he may »leem jn-oper, to the board of education hereinafter named, and to tierform such other duties as may be from time to time imposed upon him >y the said board of education. 282 § 4. It shall be sufficient notice of an annual, special, adjourned or first district meeting, to affix such notice on the outer door of tlie district school house, if there be any, and to post a copy of the same in three other public places in such district — tlie affixing and posting' of such notice to he done at least ten days before such meeting, and no other notice of any such meeting need be given. § 5. It siiall be the duty of the clerk of each school district to record the proceedings of his district in a book to be provided for that purpose by the said board of education ; to give notice in the manner provided in the last preceding section, of the time and place of every annual district meet- ing or special district meetings, when ordered by the trustees of the district, and of any adjourned district meeting, when the same shall be adjonrned for a longer period than one month ; to keep and preserve all records, books and papers belonging to his office, and to deliver the same to his successor in of- fice. § 6. Any vacancy in the office of district clerk may be supplied by the trustee of tiie district in which such vacancy shall happen, but the person appointed to supply such vacancy shall hold tlie office only for the unexpired term. § 7. The term of office of the superintendent of common schools in said city shall cease on the third Tuesday of April, one thousand eight hundred and fifty, in the same manner as il' the same had expired by lapse of time. The common council of said city, at the last regular meeting thereof, next preceding the third Tuesday of April next, shall appoint by ballot a super- intendent of common schools . who shall hold his office until the second Mon- day of March, one thousand, eight hundred and fifty-two. The common council of said city, at the annual meeiing thereof, held on the second Mon- day of March, 1852, and as often thereafter as the term of office of such su- perintendent of common schools shall expire, shall appoint a superintendent of common schools for said city, who shall hold his office for two years, and until a successor shall be appointed. The superintendent of common schools so appointed, shall possess all the powers and be subject to all the duties and responsibilities of superintendents of common schools in towns, so far as the same are applicable, except as otherwise provided in tliis act ; in case of a vacancy in such office, the common council of said city shall supply the same by appointment, for the unexpired term. § 8. The common council of said city shall, at the last regular meeting thereof, next preceding the third Tuesday of April, one thou^and eight hun- dred and fiftv, appoint one school commissioner in each of the wards of said city, who shall be residents of the wards for which they are respectively ap- pointed ; immediately upon the appointment of such school commissioners, the city clerk shall, in the presence of the common council, divide them by- lot into four classes, to be numbered one, two, three, four. The term of of- fice of the first class shall expire on the first Monday succeeding the first Tuesday in April, 1851; the second cla-s in one year thereafter; the thu-d in two years, and the fourth in three years, and one commissioner only shall thereafter be annually appointed, who shall be appointed at the annual meet- ing of the common council, held on Monday next succeeding the annual elec-- tion, and who shall be a resident of the same ward with the school commis- sioner whose term of office shall then expire, who shall hold his office for four years, and until a successor shall be duly appointed In case of a va- cancy 'in the office of either of the commissioners, the common council shall appoint a successor, who shall be a resident of the ward in which such vacan- cy shslll occur, for the unexpired term. § 9. The trustees of the several school districts so elected, and the school commissioners so appointed, together with -the mayor and superintendent -of schools of said city, shall constitute and are hereby denominated the board of education for the city of Auburn. They shall meet on the first Tiiesday of each and every month, and as much oftener as they shall from time to tune appoint. A majority of the said board shall constitute a quorum for 283 the transaction of business. The mayor sliall be the president of such board and sliall have pfiwer to call special meetings thereof, in the manner pro- vided by law for calling special nioetinics of tlie common cr all school purposes mentioned in this act, or deemed advisable by the board, and the specific sum necessary •for each item in said estimate, and publish the same two weeks in one or more of the village papers, which shall be voted for, item by item, in the same man- ner as prescribed in the 1 1th section of this act. § 13. Said board of education shall appoint a clerk who may be one of their own number, who shall hold his office during the pleasure of the bf education may make an appointment to fill such vacancy. The officer bo appointed, shall hold his office for the unexpired term of the person, to supply whose place he shall be so appointed. § 9. Said board of education shall be a corporate body in relation to all the powers and duties conferred upon them by virtue of the provisions of this act; a majority of the board shall form a quorum. § 10. Said board of education shall possess all the powers and be subject to all the duties in respect to all of said school districts that the trustees of common schools now possess or are subject to ; and such other powers and du- ties as are given or imposed by tliis act. The clerk, collector and librarian of said union district, shall possess all the powers, and be subject to all the du- ties in respect to said union district, that like officers of common schools now posses.s or are subject to, and such other powers aud duties as arc is^iven or imposed by this act. The offices of collector and librarian, and two of the trus- tees of each of the school districts hereby consolidated, shall be abolished from and after the time when said union school shall go into operation. In the mean time, such officers, and the several districts in district meetings, shall continue to discharge such ordinary powers and duties as said board of education may by resolution prescribe ; but they shall not possess or exercise any right or power which may conflict with the provisions of this act, or impair tlic powers hereby intended to be conferred on said b(^ard of education, or in any way em- barass the said board of education in the exercise of the powers, or in the dis- charge of the duties conferred or imposed upon said board, by the provisionn •of this act. § 11. Said board of education, shall, at its first meeting, and annually thereafter, at their meeting held next after the first of January, in each year, appoint one of their number president and another secretary. In the absence of either of such officers at any regular meeting of the board, a president or secretary may be appointed for the time being. § 12. The secretary shall keep a record of the proceedings of said board of education, whicli record, or a transcript therefrom, certified by tlie president and .secretary, shall be received in all courts as presumptive evidence of tbs facts therein set forth. ^ 13. Each member of said board of education, and every other officer of said union district, before entering upon the duties of Iiis office, shall take and Bubscribe the oath of office prescribed by the constitution of this state, and file the same with the secretary of said board. § 14. Said board of education shall have power, and it shall be their duty, .1. To establish and organize so many primary schools as they shall deem requisite and expedient, and to alter and discontinue the same ; 2. To puich.ise or hire school houses, rooms, lots or site-) for school houses, and to fence and improve them a.s tliey may think proper; 3. Upon such lota or sites, and upon any lot or site now owned by any pri- mary district, to build, enlarge, alter, improve and repair school houses, out houses and appurtenances as they may deern advisable ; 4. To purchase, exchange, improve and repair school apparatus, books, fur- niture and appendaifes, to provide fuel for the schools, and defray their contin- gent expense-^, and the expenses of the library and salary of the librarian ; 5. To have the ca-itody and safe keeping of the school house?, out houses, apparatus, books, furniture and appendages, and see that the ordinances and by-laws of said board, in relation thereto, be observed ; 6. To CO itract wilh and employ all teachers, in all the schools under their «harge. and at their pleasure to remove them ; 7. To pay the wages of such teachers out of the public money, and tuition fees to bci received by them according to the provisions of this act, so far a« the saniii .shall be sufficient, and the deficiency, if any, out of the moneys to be raised for general piirposea of education, under and vhtue of the provisions of this act; 308 8. To fix the rate of tuition fees in said union school, subject to the limita- tions and restrictions hereinafter contained, and to designate some person or per- sons to whom the same may be paid previous to issuing the warrant for the collection thereof 5 and by a resolution of said board, to be recorded by the secretary, to exempt from the payment of the whole or any part of the tuition fees, such persons as they may deem entitled to such exemption, from indi- gence, or any other sufficient cause ; 9. After the close of each quarter of said union school, to make out a rate-bill, containino- the name of each person liable to pay tuition fees for tuition in said union school, who shall not have paid the same prior to making out such rate-bill, according to the provisions of the last preceding sub-division of this section, and the amount for which such person is liable, adding thereto a sum not exceedino- five cents on each dollar for collector's fees, (which fe«s shall be fixed by said board, at the time of making out every rate-bill,) to annex thereto a warrant for the collection thereof, to be signed by the president of said board or a majority of the members thereof, and deliver the same to the collector, who shall collect the same in the same manner as collectors of school districts are by law authorized and required to execute like warrants issued by the trustees of common school districts ; and who, in the execution of the same, shall be under the same protection, possess all the powers, and be subject to all the du- ties as such collectors now have, possess, and are subject to in respect to like warrants • and for this purpose, the jurisdiction of said board of education, and of said collector, shall extend to any other district or town, and to any resi- dent of such other district or town, who may be liable for tuition in said union school, in the same manner and with the like authority, as to said union dis- trict or residents of said union district ; 10. To have in all respects the superintendence, supervision, management and control of all the schools mentioned or contemplated in, and by the pro- visions of this act ; to prescribe the course of studies therein, the books to be used and establish an uniformity in respect to such course of studies and books ; from time to time to adopt, alter, modify and repeal, as they deem expedient, rules, regulations and ordinances, for the organization, government and instructions of such schools, for the reception of pupils and their transfer from one school to another ; for the promotion of their good order, prosperity and public utility ; for the protection, safe keeping, care and preservation of school houses, lots, sites and appurtenances, and all other property connec- ted with or appertaining to such schools ; ^ -, ■, j. , , 11. To cause such rules, regulations, ordinances and by-laws to be pub- lished in such manner and form, as they may deem best calculated to give general information ; to cause one copy thereof, together with a copy of this act to be kept in each of said schools, and such parts thereof as relate to such schools respectively, to be read therein, at least once during each 12. Said board of education shall in all respects be subject to the visita- tion and control of the superintendents of common schools of the town, coun- ty and state in the same manner as the common schools in this state are § 15. Said board of education shall have power, and it shall be their duty to raise from to time, by tax upon the real and personal estate within the bounds of said union district which shall be liable to taxation for the ordinary taxes of said village, or for town or county charges, such sums as may be determined by resolution of said board, to be necessary for any and all the purposes mentioned in the last preceding section, or to meet any deficiency arisino' from any cause connected with the subject of education m said village, to provide for which, power shall be given to said beard by the provisions of this act the laws relating to common schools, or the rules and regulations of the superintendent of common schools. "Whenever any sum of money shall be needed by any primary district, for any of the objects m this or the last preceding section mentioned, except for teachers' wages, said board of education shall cause such amount to be assessed, levied and collected from 300 the property of such district by the same warrant, in addition to, and in connection with the tax next to be raised for the general purposes of educa- tion, under and by virtue of the provisions of this act ; making therefor a separate column in said tax list. The treasurer shall keep a separate account of all moneys so raised for such primary district, and said board of education shall, by orders on such specific fund, draw out such moneys only for such objects, and in favor of such primary district. Said board of education shall, at the commencement of each year, make an estunate by the best means in their power, of the amount of money which will be needed for all the purposes of education, and other purposes pro- vided for by this act, over and above the moneys to be received from the town superintendent, and from tuition fees, and shall cause the same to be raised by one assessment and warrant ; and not more than two taxes for such purposes, shall ever be raised in one year. The amount of money so to be raised in any one year, after the first year, shall not be less than the amount received in behalf of all said districts, from the town superintendent, for the year next preceding ; nor more than four times that amount, unless such greater amount shall be authorized by a vote of the taxable inhabitants of said union district, at a regular meeting of such district. § 16. Said board of education shall have power, and it shall be their duty, forthwith to purchase a suitable lot, so situated as best to convene the whole of said union district, not to exceed, in cost, the sum of twenty-five hundred dollars, and procure a clear title thereof, to be vested, by deed, in said board of education ; to cause said lot to be graded, fenced, and otherwise properly improved ; to erect thereon a suitable and proper building or buildings, to be built of stone or brick, not to exceed in expense, the sum of eight thousand dollars, nor to cost less than five thousand dollars ; furnish the same with all proper, useful and necessary furniture, apparatus and appendages ; as soon as the building is in proper condition, employ a sufficient number of well qualified teachers, male and female, and cause a school to be commenced therein, to be called " The Lockport Union School," in which shall be taught only the higher branches of education. The tuition fee in said union school, shall not exceed two dollars each, per quarter, for pupils whose parents or guardians reside within the territory of said union district ; for all other pupils, said tuition fee shall not be less than two dollars, nor more than five dollars per quarter. No tuition fee shall thereafter be charged, nor any rate bill be made for tuition in the primary schools, but the same shall be free schools. § 17. Said board of education shall, as soon as practicable make an esti- mate of the amount of money, which, in their opinion, will be necessary for the purposes in the last section specified, and also for such purposes specified in section fourteen, of this act, as may be needed or required for the first year, and shall forthwith assess, levy and collect the same, by tax upon real and personal estate, as specified in section fifteen of this act. They shall, for this and all other taxes to be raised by them, make out a tax list, in the manner and form in which like tax lists are now made by trustees of school districts, so far as such form is applicable, annex thereto, a warrant in like form, signed by the president or a majority of the members of said board, and deliver the same to the collector ; which, when so made and signed, shall be as effectual to all intents and purposes, as like tax lists and warrants, when made by the trustees of common school districts. Said board may, in respect to the collection of all taxes, conform to the provisions of the twenty- ninth, thirtieth and thirty -first sections of the one hundred and eightieth chap- ter of the Session Laws of one thousand eight hundred and forty-five, and require the collector to comply with the provisions of said sections, so far as the same are applicable. Said board may so far vary from the provisions of said sections, as to time and places, as to render them applicable, and may make such warrants returnable at sixty or ninety days, in their discretion, instead of thirty days, as now required by law, in respect to sueh warrants 310 made by trustees of common school districts ; but all property now exempt,, by section twenty -two, title five, chapter six, part third of the Revised Statutes^ from execution shall be exempt from all such warrants. § 18. All moneys to be raised by virtue of this act, and all moneys by law, appropriated to, or provided for said districts, shall be paid to the treasurer of said board, avIio together with the sureties upon his official bond,' shall be accountable tlierefor, to said board of education. Said treasurer shall not pay out any of such moneys, except by resolution of said board, and upon an order drawn by the president and certified by the secretary, to be so drawn in pursuance of such resolution. § 19. Said board of education shall meet for the transaction of business, aa often as once in each month, and may adjourn for any shorter time. Special meetings may be called by the president, or in his absence or inability to act, by the secretary or any other member of the board, as often as necessaiy, by giving personal notice to each member of the board, or causing a written or printed notice to be left at his last place of residence, at least twenty-four hours before the hour of meeting. No meraber of said board shall receive any pay or compensation for his services. It shall not be lawful for any member of said board, or any other officer of either of said districts, to become a contractor for biiilding or making any improvement or repairs authorized by this act, or be in any manner, directly or indirectly, interested, either as principal, partner or surety in any such contract. All contracts, made in vio- lation of this provision, shall be absolutely void, and the person so violating, shall forfeit the sum of fifty dollars ; to be prosecuted for, and recovered by aaid board. § 20. Instead of the report now required by law to be made by trustees of school districts, to the town superintendent of common schools, the trus- tee so to be elected for each primary district, shall, within the time now re- quired by law, make such report to said board of education, and shall therein embrace such other and further matters as may be required and prescribed by said board, or as such trustee may think the interests of such primai-y dis- trict or school may require. Said board of education shall, annually, be- tween the first of January and the first of March, in each year, make to the town superintendent of common schools, a report, containing all such matters relating, as well to said Union district and Union school, as to said primary districts and their schools, as is now, or shall hereafter be required by law, or the regulations of the superintendent of common schools, to be reported to said town superintendent, and such other and further matters as they may deem advisable. Such report shall be received by said town superintendent, instead of the reports now required from each, of said seven districts. A copy of such report shall be filed with the secretary of said board. § 21. Said board of education shall, from time to time, appoint such, and 80 many members of their board, as they may deem proper, not less than three in number, a visiting committee ; whose duty it shall be to visit said union school, and each of said primary schools, as often as once in each quar- ter ; and make a report in writing to said board, showing the state and con- dition of each school, school-house, apparatus and appendages, and such other matters as said board may require of them, and such suggestions for the improvement of the same, as they may deem proper and advisable ; such reports shall be filed and kept among the papers of said board. Such board may in their discretion, cause such reports, or any parts of the same, or the substance tliereof and any and all other matters relating to said schools, to be published in such form as they may deem advisable. They shall, at the close of each year, publish in one or more of the village newspapers, a report of the moneys received and expended by them, during the year, and such other matters as they deem advisable. § 22. Whenever, in the opinion of said board, the interests of any primary district, require the sale or exchange of the school lot therein, said board may cause such sale or exchange to be made, and hold the proceeds thereof for the use and benefit of such primaiy diatrici 311 § 23. llie title of school-houses, sites, lots, furniture, hooks, apparatus and appurtenances, and all other ncliotd property in this act mentioned, shall he vested in said boarii of education ; and the same, while used for, or ap- propriated to school purposc>i, shall be exempt from all taxes and assessments, and shall not be liable to be levied upon, or sold by virtue of any warrant or execution. Said board of education, in their corporate capacity, shall be able to take, hold and dispose of any real or personal estate, transferred to it by gift, grant, bequest or devise, for the use of said schools, or any or either of them. Provided, however, that said board shall not have power to eell, grant, dispose of or incumber, said union school lot. § 24. Every officer in this act mentioned, having at the time, the pos- session, custody, care, charge or control, of any property belonging to said schools, or any or either of them, or any money raised by the provisions of act, or provided by law for the purposes of education in said village, shall, at the expiration of his term, or whenever such officer shall resign, bo remov- ed from office, cease to act, or his office be otherwise vacated, transfer all such property, and pay over all such money to the board of education. §25. ICvery resignation of ofticers appointed or elected under this act, shall be made to the board of education, and such resignation shall have no force or effect, luir in any degree excuse such officer from the discharge of his duties, until the same be accepted and approved by a resolution of said board. § 26. Any such officer may be removed from office for any official mis- conduct or neglect of official duty, by resolution of said board ; two thirds of the members thereof concurring. Opportunity shall be given to every such officer to be heard in his defence, before any such resolution shall be adopted. §27. Every person appointed or elected to any office mentioned in this act, who, without sufficient cause, shall refuse to serve therein, shall forfeit the sum of ten dollars ; and every person so appointed or elected, and not having refused to accept, who shall neglect to discharge the duties of such office, shall forfeit the sum of twenty dollars to sai I board of education. It shall be the duty of said board of education, forthwith, to prosecute for all forfeitures and penalties under this act, and when recovered, to apply the same to the purposes of education in said village. All officers mention- ed in this act, shall be deemed public officers, within the intent and mean- ing of section thirty eight, of title six, of chapter one, part four of the Revised Statutes ; and as such, liable to the penalty therein prescribed, in addition to the penalty in this section before provided. § 28. The several libraries of the said seven districts are hereby consolida- ted into one. Said board of education shall cause a suitable and proper room to be fitted up in said union school building, and furnished with nec- essary and suitable fixtures, furniture, apparatus and appendages, and transfer said library thereto, and put it under the charge of a librarian. They shall annually allow and pay to said librarian, such salary as in their opinion, shall be a fair and reasonable compensation for his services, but not to exceed the sum of fifty dollars in any one year. They .shall pass such by-laws for the regulation and preservation of said library, and for the discharge of the duties of the librarian, as they may think necessary. The library money hereafter to be received in behalf of said districts, shall be paid by the town superintendent to the treasurer of said board. Said board shall expend such money entirely for the purchase of books and maps for the library. § 29. Lands of resi(lents and non-residents of said districts may be sold by said board, for uncollected taxes assessed thereon for school purposes, by virtue of the provisions of this act, in the same manner, and by like proceed- ings as the trustees of said village adopt to sell lands for unpaid taxes asses- sed for village purposes, and such sales shall have the like effect as sales so made by the trustees of said village ; or the lands of residents and non-resi- dents of said districts, said board may cause to be returned to the county treasurer, in the same manner as trustees of common school districts are noiT 312 authorized by law to return unoccupied and unimproved real estate of non- residents of their districts, for unpaid taxes assessed thereon. Said county treasurer shall pay to said board the amount of such taxes, out of any moneys in the county treasury raised for contingent expenses, and such proceedings in all respects, shall thereafter be had by said county treasurer, and the board of supervisors of the county of Niagara in relation to all lands so returned, as they are by law required to take in respect to unoccupied and unimproved lands of non-residents, when so returned by trustees of common school districts. But no lands shall be so sold or returned, until a reasonable effort shall have been made to collect such taxes by warrant, as provided in section seventeen of this act, and the collector shall have returned that he cannot collect the same. § 30. Said board of education may cause a school for colored childi'en to be taught in said village, and include the expenses thereof in the amount so to be raised annually by tax, for contingent expenses and other purposes of education provided for in this act. § 31. Said board of education may organize in said union school, a de- partment for the instruction of teachers, for such parts of the year, and under such rules and regulations, as they may by their by-laws adopt relative thereto. § 32. Said board of education, may at any time hereafter, whenever in their opinion the wants and interests of said schools shall require it, establish a class of so many schools intermediate said primary and union schools as they may deem advisable, to be called secondary schools, and for this pur- pose consolidate such and so many of said primary districts, as they may deem advisable, prescribe the tuition fees and course of studies therein, and so arrange and regulate the system of instruction in all of said schools, that the transfer of pupils shall thereafter be from the primary, directly into the secondary, and thence into the union school. And for this purpose, and for the organization, government and regulation of said secondary schools, said boai-d shall have all such powers as are hereinbefore conferred upon them, in respect to said primary and union schools and their districts and property [Chap. 11, Laws of 1850.] §1. The provisions of the act entitled " An Act in relation to Common Schools in the village of Lockport," passed March 31, 184*7, are not and shall not be deemed or adjudged to be or to have been affected, altered or im- paired by the act entitled "An act establishing Free Schools throughout the State," passed March 26, 1849. § 2. " The board of education for the village of Lockport" is hereby authorized to increase the rates of tuition fees in the Union School under its charge, and to graduate the same acpording to the branches of instruction pursued. § 3. Said board of education is hereby authorized to appoint a superin- tendent of the schools under its charge, with such powers and duties and compensation as said board shall prescribe. § 4. From and after the first day of April next, so long as the common schools of this state shall be free, the said board of education shall cause each of the secondary schools under its charge to be taught by a competent male teacher, or a male and female teachers, and the usual common school studies shall be free ; but for the time prior to the said first day of April next, said board may collect tuition fees for instruction therein, as well as in the Uuion school, as they have heretofore done ; and such studies shall be taught in said Union school as said board may prescribe. § 5. Said board shall not raise by tax upon the property in the Union school district, any money for the salaries of teachers in the Union school district, which shall accrue after the first day of April next. § 6. The acts and doings of said board of education, in accordance with the provisions of their act of incorporation, since the act entitled " An act estabUshing free schools throughout the state," passed March 26, 1849, took effect are hereby ratified and confirmed. 313 § 1. The public money which shall be apportioned to the districts includ- ed in the said Union school district, shall be paid to said board, and be ap- plied by them to teachers' wages in the several schools in their charge in said district, in proportion to the average number of scholars pursuing com- mon school studies in each of said schools. The annual report of receipts and expenditures required to be published by said board, snail specify all sums received, and from whom, and all persons to whom payments were made, and the general character of the demands paid. Upon the application of said board ot education to "the Regents of the University of the State of New York," said regents may acknowledge and declare said Union school to be an academy ; and it shall thereafter.be an academy, subject to, and to be governed by, the provisions of the act author- izing said Union school, and subject to such rules and regulations as said regents mayprescribe. MEDINA. [Laws of 1849. Chap. 286, as amended hy Chap. 381 Laws o/1850.] AN ACT in relation to common schools in the village of Medina Passed April 9, 1849, "three-fifths being present." The People of the Stale of New- York ^ represented in Senate and Assembly, do enact as follows : . § 1. There shall hereafter be elected in school district number twelve, formed partly out of the town of Ridgeway and partly out of the town of Shelby, in the county of Orleans, and lying principally within the village of Medina, in the manner now provided by law, three trustees, who shall, respectively, hold their offices three years, Christopher Whaley, Silas M. Burroughs, John Ryan, Daniel Starr, Isaac W. Swan and Archibald Servoss, are hereby appointed trustees of said district, and shall, respectively, hold said office a» follows, namely : the term of office of Christopher Whaley and Silas M. Burroughs shall expire at the same time that the term of office of Roswell Starr, as trustee of said district, shall expire. The term of office of John Ryan and Daniel Starr shall expire at the same time that the term of office of Isaac K. Burroughs, as trustee of said district, shall expire ; and the term of office of Isaac W. Swan and Archibald Servoss shall expire at the same time that the term of office of Nathan Bancroft, as trustee of said dis- trict shall expire. § 2. The trustees of said district and their successors in office shall con- stitute a board of education for said district and for the purposes of this act in addition to the present powers and duties of trustees, are hereby constitut- ed a body politic and corporate, by the name and style of "The board of edu- cation of the village of Medina," and said corporation shall have power to establish and organize a classical school in said village to be known by the name of "The Medina Academy," and such classical school shall be subject to all laws and regulations applicable to other incorporated academies of this state and shall be entitled to share in the distribution of the monies of the literature fund upon the same terms as other academies of this state ; and the regents of the university shall recognize said academy as such as soon as the required sum of money shall be expended in buildings, and competent teachers employed therein. § 3. Said board of education shall appoint one of their number president of said board, who shall preside at the meetings of said board when present; when absent a president pro tempore shall be appointed in his stead. They shall also appoint one of their number secretary, who shall record all the acts doings and resolutions of said board ; and in the absence of the secretary a secretary pro tempore shall be appointed to discharge such duties. They shall also appoint a collector, librarian, and treasurer of said district who shall 314 respectively, hold their offices one year from their appointment, and until others are appointed in their places, unless sooner removed by said board; such collector, librarian and treasurer shall each, within ten days after notice of their appointment, in writing, and before entering upon the duties of their office, execute and deli%'er to said board of education a bond, in such penalty and with such sureties as said board may require, conditidned for the faithful discharge of the duties of his office. In case such bond shall not be given with- in ten days after receiving such natice, such office shall thereby become va- cated, and said board of education shall thereupon make an appointment to supply such vacancy. § 4, The said board of education shall have power to fill any vacancy which may happen, by reason of the death or removal from the said district of any member of said board, and the officer so appointed shall hold his office for the unexphed time of the person to supply whose place he shall be so ap- pointed. § 5. Said board of education shall possess all the powers, and be subject to all the duties in respect to said district, that the trustees of common schools now possess or are subject to, and such other powers and duties as are given or imposed by this act. § 6. The taxable inhabitants, of said district, at my annual, special or ad- j ourned meeting legally held, may vote to raise such sum of money as they shall deem expedient for the purpose of purchasing a site and building a school house in said district, or for the purpose of purchasing any suitable building for such purpose, and direct the trustees to cause the same to be levied and raised by instalments, and make out a tax for the collection of the same as often as such instalments shall become due ; and the legal voters at any such meeting are authorised to iix the compensation for collecting and paying over to the said board of education the amount so levied. § 7. The inhabitants of said district shall have no power to rescind the vote to raise such sum of money, at any subsequent meeting, unless the same be done within ten days thereafter ; nor shall they have power to reduce the amount of the same after the expiration of ten days from the time the tax was first levied, but may remit such sum as shall remain unappropriated after paying for the site and erection of the house or purchase of suitable build- ing- § 8. The said board of education are hereby authorised to obtain by loan the whole or any part of the money legally voted by said district, and secure the payment of the same by their official bond. § 9. The Comptroller of this state is hereby authorised and directed to loan to the said board of education, such sum as the said board of education shall certify to said comptroller to have been voted by the inhabitants of said district, in pursuance of this act, not exceeding the sum of five thousand dollars, out of the moneys in the treasury belonging to the capital of the com- mon School fund, and for the purpose of purchasing a site, and erecting or purchasing a suitable building for a school house in said district ; and the money when loaned shall be charged upon the books of the comptroller to said district and the same shall be paid over to said board of education, to be applied by them for the purpose of pm-chasing a site and erecting or purchasing a school house for said district. § 10. The sum so loaned shall be paid to the comptroller of this state, in annual instalments thereafter as determined by the vote of said district raising such sum of money, with annual interest thereon. § U. The said board of education are hereby authorised, and empowered to sell at public auction to the highest bidder, the school house and site thereof belonging to said district, by giving public notice to be posted in ten public places in said district, ten days previous to such sale, and apply the proceeds arising from such sale, towards purchasing a site and erecting a school house in said district, or to such other purpose, as said district shall direct; such sale may be made upon such terms of credit, as said board of education shall determine upon, and a bond and mortgage taken by said 315 board for thp •whole or any part of the purchase money, or price for which said site ani! h )use may be sold and such bond and mcrfgage may be sold and assigned by uaid board at par, for money to be applied by them as herein provided. § 12 Tiie said board of education, are hereby authorised and empowered to make such by-laws and regulations, as they may deem necessary to secure the prusprrlty, order and government of said school, and divide (he same into primary and higher departments, and regulate tlie transfer of scholars fi'om one department to the other, and provide suitable instructors for eacli depart- ment, direct wliat text books shall be used in the same, purchase fuel and other necessaries for the use of the school or schools in said district, and all contracts made by them in their otRcial capacity, shall be binding upon them and their successors in office : to fix and regulate the terms uf tuition fees in said primary and other higher branches in said school or schools, to sue for and collect in their corporate name, any sum of money due to said district : to receive and apply to the uses of said school or schools, or any department thereof, any gift, legacy, bequest or annuities, given or bequeath- ed to said board and apply the same, according to the instructidu of the donor or testator to take and hold any real estate given or bequeathed to said board for the purposes of said school or schools, or any department thereof, and apply the same, or the interests or proceeds thereof according to the terms and instructions of the donor or testator : to have in'all respects the superintendence, supervision, management and control of said school or schools, or any department thereof, and to hire, pay and discharge any teach- er or teachers, employed by them in said school or department there- of. § 13. Said board of education shall in all respects be subject to the re- strictions and control of the superintendents of common schools, of the town, county and state, in the same manner as the common schools in this state are subject. § 14. Said board of education shall have power and are hereby authoris- ed to receive into said academy, and cause to be instructed therein any i)upil or pupils residing in or out of said district, and to regulate and estab- ish the terms of tuition fees of such resident or non-resident pupils ; and said board of education shall have power to regulate the tuition fees and rates of charges for instruction in the higher English and classical depart- ments of said academy, and shall have power to make such application of the money raised for the support of common schools in said district for the payment of teacher's wages as said board shall determine, and may divide and apportion the same in such manner as said board shall deem best to pay the salaries of teachers employed in said academy, or the elementary Eng- lish schools connected therewith or maintained in said district under their supervision. The rates of tuition in the elementary English branches in the schools maintained in said district, shall be subject to the general laws relat- ing to common schools, and after applying such portion of the money receiv- ed in said district as said board shall determine towards the support of such elementary English departments, such sum, not to be less than one half of all the moneys received in said district for the support of common schools therein, the additional sum required to pay teacher's wages and provide fuel and other contingent expenses necessary to the support of such elementary schools, shall be estimated, assessed, collected and applied in the manner provided in chapter one hundred and forty and four hundred and foiu' of the session laws of eighteen hundred and forty-nine, or in such other manner as shall be hereafter provided by law for the support of common schools. § 15. All moneys raised in said district for the purposes of said school, and all moneys to be received by such district from the common school fund or other source, shall be anually paid to the said board of education, and be appUed by them for the uses of said school or schools according to law. § 16. The members of said board of education, before receiving any moneys belonging to said district, shall severally execute to the towu super- intendent of common schools of th* town of Ridgeway, their separate bonds with two sufficient sureties to be approved by said town superintendent, in a penalty at least double the amount to be expended by them, for the benefit of said school during the next ensuing year, conditioned that such trustee giving such bond, will faithfully account for the expenditure of all moneys, he shall receive for said district, and pay over the balance remaining in his hands at the time of the expiration of his office to the other trustees, and the district at any legal meeting thereof, may require the penalty of such bond to be increas- ed, or additional security to he given by either or all the trustees, if they shall deem the same insufficient, and any trustee, treasurer of said district, or member of said board, who shall apply any moneys belonging to said dis- trict to his own use shall be deemed guilty of embezzlement. § 17. This act shall take effect immediately. LODI AND OWE GO. [Laws of 1846, Chap. 207.] § 1. The trustees of school district number one, formed from the towns of Persia and Perrysburgh, in the county of Cattaraugus, and the town of Col- lins, in the county of Erie, known as the " Lodi Union School District," are hereby authorized, if the inhabitants of said district shall, at any regular school district meeting so direct, to make thereafter, and until the said in- habitants shall in like manner otherwise direct, separate and distinct rate- bills, for the payment of the wages of the teachers in the primary and in the higher departments of the school kept in the said district ; provided that the manner in which such rate -bills shall be made, shall have been de- termined by such regular school district meeting aforesaid. § 2. The provisions of the preceding section of this act shall also apply to school district number one, in the village of Owego, in the county of Tioga, so far as the same shall be applicable to said district. NEWTOWN. [Laws of 1850. Chapter 60.] AN ACT to establish a free school in district number three in the town of Newtown. ; Passed^March 16, 1850, "three-fifths being present." The People of the State of New York, represented in Senate aiid Assem- bly, do enact as follows : § 1 . School district number three in the town of Newtown, in the county of Queens, shall form a permanent school district, and shall not be subject to alteration by the town superintendent of common schools for the town in which said district is situated. § 2. The said district shall be under the direction of a board, to be styled " The Board of Education," which board shall consist of five members, three or more of whom shall constitute a quorum for the transaction of business. John B. Reboul, Daniel R. Remsen, Roe H. Smith, Nathaniel Filbey and Al- bert 0. Wittemore shall compose the first board of education, and shall hold their office from one to five years, that is to say, one shall go out of of- fice in each year, and in the order in which their tiames stand recorded in this section. § 3. At the annual meeting of said district in each year, there shall be elected, for five years, one member of said board of education., who shall be 317 a resident and taxable inhabitant of said district. Said election, and all oth- er elections provided for by this act, shall be held by three inspectors, who shall be appointed by the board of education at least thirty days preceding such election, and shall be by ballot, and conducted in the same manner as the annual election of village officers. § 4. The said board of education may make all necessary by-laws for their government ; they shall have the entire control and management of all the common schools within the said district, and all the property belonging to the same ; and they shall have and possess within the said district all the rights, powers and authority of town superintendent of common schools, and they shall provide for keeping a school in said district at least six months in each year, and as much longer as may be practicable. They may appoint a collector, with all the powers and duties of a district collector, or may em- ploy the town or village collector for that purpose ; and such collector shall collect and pay over the school moneys assessed upon said district, to the treasurer of the board of education, in the same manner and under the same conditions as is imposed by the laws of the town or village of which he is such collector. They shall require two of the members of said board to vis- it each school in said district at least once in each week, to render such as- sistance to the teachers and advice to the pupils as may be necessary, and to see that the regulations are rigidly adhered to. § 5. The sa,id board of education are hereby authorized and empowered to raise a sum not exceeding one thousand dollars, by tax on said district, to be levied and collected in the same manner as taxes are authorized by law to be levied and collected in the towns of this state. § 6 The said board of education are hereby authorized and directed to levy and collect by tax, in each year, upon all the taxable property and in- habitants, such sum as may be necessary, not exceeding in amount one-fifth of one per cent, on the value of such taxable property, as the same shall be assessed by the assessors of the town of Newtown ; and the said board shall add to their warrant for collection of such taxes, such amount as they may deem proper for fees for collection, not exceeding five per cent on the amount. § 7. The town superintendent of common schools of the town of New- town shall pay over to the treasurer of the board of education all the public moneys to which said district number three shall be entitled, for school pm-- poses. § 8. The said board of education shall call an annual district meetins: at such time in the year as they may think proper, and submit thereto a full report iuAvriting of their doings as such board ; and shall state therein the number arid condition of the schools in said district, under their charge, and the number of scholars attending the same ; the studies pursued ; the amount of moneys received from the state, as well as the amount raised in the dis- trict for school purposes, and the expenditure of the same, and generally all the particulars relating to the schools in said district ; which report may, if the said board think proper, be published in pamphlet form, or in some news paper published in the county. § 9. The board of education shall have entire control and charge of the district librarj"^ ; they may emjjloy a librarian, make such additions to the library and such regulations in relation thereto, as they may deem neeessaiy or proper. § 10. A. school for colored childi'en may be organized as a district school, and be supported as the other schools in said district are under this act. § 11. Whenever the said board of education shall deem it necessary to erect one or more school-houses in said district, they shall submit the plan* and estimated cost of such building to the electors of such district, at a spe- cial meeting called for that purpose, and if a majority of such electors pres- ent shall vote in favor of the same, the said board may proceed to erect said gchool-house or houses ; and if the sums authorized to be raised by sections five and six of this act shall be insufEcient to pay the cost of such building, then the said board may raise an additional sum not exceeding five hundred dollars, to be levied and collected as provided for in sections five and six of this act, to be expended in defraying such cost. § 12. The said board of education may call special meetings of said dis- ti-ict "whenever they may deem it necessaiy ; and whenever a special meeting shall be called, notices of it shall be posted up in five public places in said district, at least one week previous to said meeting ; and no business shall be transacted at such meetings except that stated in the notice calling the same. § 13. All laws and parts of laws inconsistent with this act are hereby repealed, so far as they relate to district number three in the town of New - town, county of Queens. § 14. This act shall take effect immediately. [Latos of 1851, Chap. 398.] AN ACT to amend an act entitled, " An act to establish a free school in district number three iti the town of Ifewtown," passed March 16, 1850 Passed July 8, 1851, "three-fifths being present." The People of the State of Hew- York, represented in Senate and Assembly, do enact as follows : § 1. The fifth section of the act entitled " An act to establish a free school in district number thi-ee, in the town of Newtown," passed Maixh 16, 1850, i» hereby amended so as to read as follows : § 5. The said board of education are hereby authorized and empowered to raise a sum not exceeding one thousand dollars, by tax on said district, to be levied and collected in the same manner as taxes are authorized by law to be levied and collected in the towns of this state ; and said board of ed- ucation are also hereby authorized and empowered to raise the sum of three thousand and five hundred dollars by a loan, which sums are to be expended in the erection of a school-house in said district and furniture for the same ; such loan to be secured by a bond and a mortgage upon the public school property of said district, which bond and mortgage shall be executed by said board of education in their official capacity, under their hands and a com- mon seal to be provided by them. Said loan shall be paid off in annual in- stahnents of five hundred dollars each, and the first of said instalments shall be paid in three years after the date of said bond and mortgage. Said board is also authorized and empowered to raise such additional sum, from time to time, by tax on said district, to be levied and collected in the same manner as taxes are authorized by law to be levied' and collected in towns of this state, as may be necessary to pay the accruing interest on said loan and the said instalments thereof, and also such amount as they may deem proper for fees for collection, not exceeding five per cent, on the amount. § 2. The said board of education are hereby authorized to sell and con- vey the lot of land in Astoria in said district, which has heretofore been oc- cupied as the school lot, and which is situated adjoining St. George Protest- ant Episcopal Church, and execute a conveyance therefor under their said corporate seal, and invest the proceeds of the sale in the purchase of another lot, or in the completion of said new school-house, as by the said board may be deemed most advisable for the interests of the said district. § 3. The words " sections five and six,', wherever they occur in section eleven of the act hereby amended, shall be construed to mean section first of this act and section six of tlie act hereby amended. 5j 4. This act shall take effect immediately. 319 CITY AND COUNTY OF NEW YORK. [Laws of 1851. Chap. 386.] AN ACT (o amend, consolidate and redxice to oiic act, the various acts relative to the Commo7i Schools of the city of New York. Passed July 3, 1851, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows : OF SCHOOL OFFICERS AND THEIR ELECTION. § 1 . Tliere shall be two commissioners, two inspectors and five trustees of «ommon schools in each of the wards of the cit}'^ of New-York, who shall be known as the " school olficers" of the ward. At eacli general election there shall be elected in each ward of said city, one commissioner and one inspect- or, whose terms of office shall he two years, and one trustee, whose term of office shall be five years, to commence in each case on the first day of Janu- ary next succeeding such election. But the terms of office of the school offi- cers elect, and those now holding office, except those whose terms of office will expire on the first Monday of June next, are hereby extended to the first day of January next after the day on which they would otherwise have ex- pired, respectively, and there shall be no election of school officers in 1852. The elections so held shall be subject to the same laws and regulations, in all respects, as those which govern the general elections in said cit^'. The bal- lota for said school officers shall be endorsed "common schools," and deposit- ed in a separate box to be provided therefor ; and the said school officers, before entering upon the duties of their offices, shall severally take and sub- scribe the oath prescribed by the constitution of the state. OF THE BOARD OF EDUCATION ITS POWERS AND DUTIES. § 2. The commissioners of common schools, elected as aforesaid, shall constitute a board of education for the city and county of New-York ; they shall meet on the second Wednesday of January in each year, for the pur- pose of organization; and thereafter for the transaction of business as often as they may determine. They shall elect one of their number pre^dent and shall appoint a clerk and assistant or assistants, whose compensation shall be fixed and paid by the board. The board of education shall have power : Ist. To take and hold property, both real and personal, devised or transferred to it, for the purposes of public education in the city of New York: 2d. To appoint a superintendent of common schools for said city, as here- inafter provided : 3d. On the nomination of the school officers of any ward to fill vacancies in school offices, which may occur in such ward between the general elec- tions : 4th. To establish new schools, as hereinafter provided : 5th. To draw from the moneys which shall be raised for the purposes of public education, such sums as may be required for the purpose of defraying the necessary incidental expenses of the board, and such further sums as maybe required fur the payment of the salaries of their clerk and assistant or a,3sistants, and of the city superintendent of common schools : 6th. To visit and examine the schools, subject to the provisions of this act : •jth. To make rules of order and by-laws for the government of the board, its members and committees, and general regulations to secure proper econo- my and accountability in the expenditure of the school moneys : 320 8tL And, for the purposes of this act , the said board shall possess the powers and pVivileges of a corporation. § 8. It shall be the duty of the board of education, 1st. On or before the fifteenth day of November in each year, to report to the board of supervisors of the said city and county, an estimate of the amount over and above the sums specified in the iifteenth section of this act, which will be required during the year, for the purpose of meeting the cur- rent annual expenses of common school instruction ; for erecting, purchasing, leasing and procuring sites for school houses, and the fitting up and furnish- ing thereof, and the alterations in, the additions to, and repairs of, the scliool buildings of the ward schools ; for the support of schools which shall have been organized since the last annual apportionment of the school moneys made by the board ; for the support of evening schools, not exceeding the sum of fifteen thousand dollars in each year ; for the support of the free academy, an annual sum not exceeding twenty thousand dollars ; and such further sum or sums as may be necessary for any of the purposes authorized by this act ; but the aggregate amount so reported shall not exceed the sum of four dollars for each pupil who shall have actually attended and been taught in the preceding year in the schools entitled to participate in the ap- portionment : 2d. To apportion all the school moneys -^vhich shall have been raised for the purposes of meeting the current annual expenses of public instruction, to each of the schools provided for by this act : 3d. To file with the chamberlain of said city, on or before the first Mon- day of April in each year, a copy of their apportionment, statijig the amount apportioned to the ward schools, and to the trustees, managers and du'ectors of the several schools enumerated in this act : 4th. To continue to furnish through tlie free academy, the benefit of edu- cation, gratuitously, to persons who have been pupils in the common schools of the said city and county for a period of time to be regulated by the board of education, not less than one year : 5th. To supervise, manage and govern said freCxacademy, and, from time to time, make all needful rules and regulations therefor ; fix the number and compensation of teachers and others to be employed therein ; prescribe the preliminary examination, and the terms and conditions on which pupils shall be received and instructed therein and discharged therefrom ; direct the course of studies therein, and provide in all things for the good government and management of the said free academy ; and purchase the books, appar- atus, stationery and other things necessary and expedient to enable the said free academy to be properly and successfully conducted, and to keep the said building or buildings properly repaired and furnished : 6th. To appoint annually a standing committee of not less than five per- sons of their number, who shall, subject to the control, supervision and ap- probation of the said board, constitute an executive committee for the care government and management of the said free academy, under the rules and' regulations prescribed as aforesaid, whose duty it shall be, to make detailed reports to the said board of education, and, among other things, to recom- mend the rules and regulations which they deem necessary and proper for the said academy. The board of education may, at any regular meeting thereof, by a majority of all the members of said board, remove any or all the members of the said committee, and appoint another person or per- sons in the place of the member or members of the said committee so re- moved. 7th. To make and ti-ansmit annually on or before the first day of Febru- ary in each year, to the common council of said city, and also to the secretary to the board of regents of the university of the state of New- York a report signed by the president and clerk of the said board of education, and dated on the fii'st day of January, in the year of its transmission ; which report shall state the names and ages of all the pupils instructed in such free academy dui-ing the preceding year, and the time that each was 321 so instructed ; a particu'lar statement of the studies pursued by each pupil at the commeucement <>f his instruction, and of his subsequent studies im- til the date of such report, together with the books such student shall have studied in whole or in part, and if in part what portion ; an account or es- timate of the cost of the library, philosophical and chemical apparatus, and mathematical or other scientific instruments belonging to such academy ; the names of the instructors employed in said academy, and the corapensa- tion paid to each ; what amount of moneys the board of education received, dm'ing the year for the purposes of such academy, and from what sources, specif3Mng how much from each, and the particular manner, and the sjjecific purpose for which such moneys have been expended; and such other infor- mation in relation to education in said academy, and the measures of the board in the management thereof, as the said common council or the re- gents of the university of the state of Now -York may from time to time re- quire : 8th. To provide evening schools for those whose ages or avocations are such as to prevent their attending the day schools established by law, in such of the ward school houses or other buildings used for school purposes, and in such other places in said city as they may, from time to time deem expedient : 9th. To furnish all necessary supplies or make regulation, for furnishing such supplies for the several schools under their care, but when such sup- plies arc furnished by the board of education they shall be obtained by contract, proposals for which shall be advertised for the period of at least two weeks: llith. To make and transmit between the fifteenth day of Januaiy and the first day of February in each year, to the clerk of the city and county of New- York, a report in wi'iting, bearing date the first day of January in the year of its transmission, stating the whole number of schools within their jurisdiction, specially designating the schools for colored children ; the schools or societies from whichreports shall have been made to the board of education within the timelimited for that pui'pose, the length of time such schools shall have been kept open ; the araoimt of public money apportioned or appropriated to said schoolorsociety ; the number taught in each school, the whole amount of money drawn from the city chamberlain for the pm-poses of public education during the year ending at the date of their report, distinguish- ingthe amount received from the general ftmd of the state from all other and wiiat sources ;the manner ia which such moneys shall have been expended, and such otherin formation as the superintendent of common schools may from time to time require, in relation to common school education in the city and county of New- York. § 4. If the board of education shall neglect to make such annual report within the time limited, the share of school moneys apportioned to the city and county of New-York may, in the discretion of the superintendent of common schools, be withheld \mtil a suitable report shall have been ren- dered. § 5. The clerk of the board of education shall have charge of the rooms, books, papers and documents of the board, and shall in addition to his duties as secretary of the board, perform such other clerical duties as may be re- quired by its members or committees : § 6. All schools which have been organized under the act entitled "An ■act to extend to the city and county of New- York the provisions of the general act in relation to common schools, passed April 11, 1842," and the acts amending the same, or organized or adopted under this act, shall be call- ed common schools ["ward schools,"] or ward primaries, and each class shall be numbered consecutively, according to the time of their organization or adoption, and all such schools shall be under the supervision and govern- ment of the commissioners, inspectors and trustees of the ward in which they are located. 21 322 POWERS AND DUTIES OF SCHOOL OFFICERS. g 7. It shall be the duty of the school officers, or a majority of them, in any ward: 1st. To certify to the board of education of the city and county of 'Nevr York, 'v\-houever iu their opinion it is necessary, to organize one or more addi- tional schools in said \v;ud, with the facts and circumstances showing such necessity, together with the character of the school buildings required, and the number and class of schohu-s who will piobably attend such schools if- organized, and to organise such schools as hereinafter provided : 2nd. To provide, under such rules and regulations as the board of educa- tion may establish, the necessary books, stafionary, and other essentials ne- cessary to organize and conduct any school in their ward ; Srd. To examine, ascertain and report to the board of education, and as frequently as may be, Avhether the provisions ofthis act in relation to the teaching of sectarian doctrines, or the use of sectarian books, shall have been violated ; and 4th. To notify the bo.ard of education of any vacancy in the office of any school officer of their respective ^vards. POWERS AND DUTIES OF COMMISSIONERS. § 8. It shall be the duty of the commissioners of common schools in the several wixi-ds : 1st. To attend all the meetings of the board of education ; and if any commissioner shall refuse or neglect to attend any, three successive stated meetings of the board, after having been personally notitied to attend, and if no satisfactory cause of his non-attendance be shown, the board may declare his office vacant ; '2nd. To transmit to the board of education all reports made to them by the tnrstees and inspectors of their respective wards ; Srd. To visit and examine all the schools entitled to participate in the apportionment ; 4th. They shall be ex officio raember.s of the board of trustees in then- respective wards. POWERS AND DUTIES OF INSPECTORS. § 9. It shall be the duty of the inspectors of common schools : 1st. To inspect and examine each of the schools in then respective wards, at least twice in each year, :md ofteuer if necessary ; and on or before the fifteenth day of October, in each )"ear, to make and transmit to the board of education and to the trustees of the ward, a report in writing, in which they shall set forth the condition of the sever.al school buildings in use in their ward, and whether any, and if any, what repairs, alterations or modi- dcations of those buildings seem to them necessary ; . 2. Whether they are kept clean and in good order ; 3. In what manner they are heated and ventilated, and how effectual the means used are in prodticiug the result desired ; 4. The studies pursued ; 5. The progress of the classes in their different studies ; 6. The pimctuality of attendance of the scholars and teachers ; 7. The order, attention and general appeai-ance of the school ; 8. The length of each morning and evening session, and the liumber and length of recesses allowed ; 9. The number ^and qualifications of the teachers, and such other facts as in their opinion are important to insure the discipline or extend the useful- ness of the schools; 10. In conjunction with the city superintendent of common schools, to license teachers for their respective wards ; and 323 ' • 11. To examine and audit all accounta ■when duly certified by the trup- ■ teefl to be correct. POWERS AND DUTIES OF TRUSTEES. § 10. It sliall be the duty of the trustees of each ward and they shall liavc power : 1. To have the safe keeping of all the property belonging to the ward -choolH and the ward primaries in tlicir respective wards ; 2. Under such general rules and rcgulation.s as the board of education ..may adopt, to contract with and employ teachers in naid schools, and make other contracts for conducting and managing their schools; .J. To procure, as may be necessary, blank books, in one of which a state- ment of the amounts of all moneys received and paid by the trustees, and of all moveaV;le property behmging to each school shall de er tered at large and signed by such trustees ; and in other books, the teacher shall enter the names and residence of the scholars attending school, and the number of days they shall have respectively attended ; and also the days on which each school shall have been visited by the city superintendent and the school officers of the ward, or any of them, which entries shall be verified by the oath or affirmation of the principal teacher in such school. The said books shall be preserved by the trustees as the property of the 8able to sell any of the school-houses, lots or sites, to report the same to the board of trustees. 11. To prepare and report to the board of trustees such ordinances and regulations as may be necessary and proper for the protection, safe-keeping, care and preservation of property held for school purposes, and to suggest proper penalties for the violation thereof; and annually to determine and certify to said board the sums, in their opinion, necessary to be raised for the several school purposes specified in this act. 340 12. To provide for tbfe pftyment to any adjoining school district, or any person or persons entitled thereto, of any sum on account of such person, or or any part of said district being or having been included or connected with territory not now included in said village. 13. Between the first day of July and the first day of August in each year, to make and tile with the eoiinty cleric and with the clerk of said vil- lage, a report in writing, bearing date the first day of July in such year, and fctatiog : 1. An account and description of all the schools kept in said village duruig the preceding yeai-, and the time thej'' liave severally been tanght 2 The number of children taught in said school respective'y, and designat- ing the number over five and under sixteen years of age, residing in said village on the first day of January in said year. 3. The whole amount of school moneys received by the treasurer of said village during the year preceding, designating tlie amount received from the county treasurer, frimi the village collector and from other sources, speci- fying the same, 4. The manoer in which such moneys have been expended and whether any part remained unexpended with tlie amount and cause thereof. 5. The amount of moneys received for tuition fees from foreign pupils or otliers during the year ; tlie amount paid for teachers' wages in tlie aggre- gate, and the amount over and above the public moneys, together with such otlier facts as relate to common schools as is required by law to be reported by town superintendents, or as said board of trustees shall deem neces- sary. 14. To establish, organize and maintain in said village, whenever In their opinion it shall be necessary a union or consolidated school, composed of primary and secondary schools and a high school, on such plan and under such discipline and management as they shall deem advisable ; and in such case to prescribe the course of studies therein, and so arrange and regulate the system of instruction in each of piiid schools, that the transfer of pupils shall thereafter be from the primary, directly into the secondary and thence into the high school or otherwise as they shall deem advisable. And for the piirpoees aforesaid, said board shall be vested with all the poAvers and charg- ed with all the duties and liabilities above specified in regai-d to schools generally. And said Inward may organize and maintain primary, secondary or high schools, or eitlier of them, in, or cause the same to be taught in connection with the Washington academy on such terms and conditions,^ and for such time not excediug ten yeai's, as shall be deemed expedient by and between said board of education and the trustees of such academy ; such management shall, if made, be by contract dul}^ executed by said parties, but no such contract shall b* made without tJie assent of the board of trustees of said >ill8ge ; and in such case said board of education arc vested Avith power to make sucli rules and regulations as they sJiall see fit as to the age or degree of scholarship rcquii'ed to enter said several departments, the compensation and payment therefor and other terms thereof, and the time of continuance therein. § 99. Such board of education shall have a standing committee, consisting of not less than three members, whose duty it shall be to visit said schools, and each department thereof, as often as twice every term, and to make re- port in writing to said board in regard thereto. § 100. The said board of education may permit children of persons not resident witliin sair teachers' wages and contingent expenses in any one year be less than twice nor more than six times the amount of public money received during the previous year. Nor shall (he amount to be raised in any one year for buying sites and erecting and repair- ing S' hool-huu.ses and the appurtenances, exceed one thousand five hundred dollars. § 9. The common council shall cause the amoirat of the tax at any time ordered to be raised in pursuance of this act, to be added to the amount wliich they are otherwise authorised by law to I'aise by tax in said city, and they shall cause the same, with the collector's fee thereon, to be assessed, lev- ied and collected at the same time and by the same warrant, and in I lie same manner with the taxes raised for city expenses, under and by virtue of the act of incorporation of said city. § 10. All moneys to be raised pursuant to the provisions of this act, and all school moneys by law appropriated to or provided for said city, shall be paid to the treasurer of said city, who, together with the sureties upon hig official bond, shall be accountable therefor in the same manner as for other moneys of the said city ; the said treasurer shall also be liable to the same penalties for any official misconduct in relation to the said moneys as for any similar misconduct in relation to other moneys of the city. § 11. After the passage of this act the treasurer of the said city shall not pay out any moneys in his hands received by the said city, either as school moneys or collected or received by virtue of any of the provisions of this act, cxceptiug upon an order drawn upon him and sis^ned by the presi- dent and clerk of said board of education, and no such order shall be drawn except by virtue of a resolution of the said board. § 12. The said board may cause a suit or suits to be prosecuted in the name of the city of Syracuse, upon the official bond of the treasurer or of any collector of said city for any default, delinquency or official misconduct in relation to the collection, safe keeping or payment of any moneys in this act mentioned. § 13. The said board shall have power and it shall be their duty, 1. To establish and organize such and so many schools in said city, (in- cluding the common schools now existing therein) as they shall deem requi- site and expedient, and to alter and discontinue the same. 2. To purchase or hire school houses and rooms, and lots or sites for school houses, and to fence and improve them as they deem proper. 3. Upon such lots, and upon any sites now owned by said city, to build, enlarge, alter, improve and repair school houses, out houses and appurtenan- ces as they may deem advisable. 4. To purchase, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages, and to provide fuel for the schools and defray their contingent expenses, and the expenses of the district li- brary. 5. To have the custody and safe keeping of the school houses, out houses, books furniture and appendages, and to See that the ordinances of the com- mon council in relation thereto be observed. 6. To contract with, license and employ all teachers in the common school and high school, and at their pleasure to remove them. 7. To pay the wages of such teachers out of the school moneys which shall be appropriated and provided in the said city, so far as the same shall be sufficient, and the residue thereof from the money authorised to be raised for that purpose by section eight of this act, by tax upon said city. 8. To defray the necessary contingent expenses of the board, including an annual salai-y to the clerk, provided that the account of such expenses shall first be audited and allowed by the common council. 348 9. To have, in all respects, the superintendence, supervision and manage- ment of the common schools in said city, and from time to time to adopt, al- ter, modify and repeal, as they may deem expedient, rules and regulations for their organization, government and instruction, for the reception of pupils and their transfer from one school to another, and generally for the promotion of their good order, prosperity and public utility. 10. Whenever, in the opinion of the board, it may be advisable to sell any of the school houses, lots or sites, or any of the school property now or hereafter belonging to the city, to report the same to the common coun- cil. 1 ! . To prepare and report to the common council such ordinances and regulations as may be necessary or proper for the protection, safe keeping, care and preservation of school houses, lots and sites, and appm-tenances, and all the property belonging to the city connected with or appertaining to the schools, and to suggest proper penalties for the violation of such ordinances and regulations ; and annually to determine and certify to said common council the sums in their opinion necessary or proper to be raised under the eighth section of this act, specifying the sums required for each of the pui'po- ses therein mentioned, and the reasons therefor. 12. To provide for the payment to any adjoining school district the proper amount to which it may be entitled on account of such district, in whole or in part, having been connected with territory now included in the said city. 13. Between the first day of Jxily and the first day of August in each year, to make and transmit to the county clerk a report in writing, bearing date the first day of July in the year of its transmission, and stating, 1 . An account and description of all the common schools kept in said city during the preceding year, and the time they have been severally taught. 2. The number of children taught in said schools, respectively, the number of children over the age of five and under the ag6 of sixteen, [21] residing in said city on the first day of January of that year. 3. The whole amount of school moneys received by the treasurer of said city during the year preceding, distinguishing the amount received from_ the county treasurer, from the city collector, and from any other source. 4. The manner^in which such moneys had been expended, and whether any and what part remains unexpended and for what cause. 5. The amount of money received for tuition fees from foreign pupils dur- ing the year, and the amount paid for teachers' wages, in addition to the pub- lic moneys, with such other information as relates t(f the common schools of said city. § 14. Every school commissioner shall visit all the public schools at least four times each year during his official term ; and the board of education shall provide that each of said schools shall be visited by a committe ;0f three or more of their number at least once every, term. § 1 5. The said board of education shall have power to allow the children of persons not resident within the city to attend any of the schools of said city under the care and control of said board, upon such terms as said boai'd shall, by resolution, prescribe, fixing the tuition which shall be paid there- for. § 16. Any collector of the said city, and his sm-eties, shall be liable on his official bond for any default, dehnquency, neglect or misconduct in the duties with which he may be charged under or by virtue of this act, in the same manner and with the like effect as for any other ofiicial default, delin- quency, neglect or misconduct ; and such collector shall be liable to the same penalties for any such ofiicial as for any similar misconduct in relation to any other duties of his office. § 17. It shall be the duty of the said board in all their expenditures and contracts, to have reference to the amount of moneys which shall be subject . to their order during the then current year, for the particular expenditui.e in question, and not to exceed such amount. 349 § 18. The said b^rd of commissioners shall be trustees of the district li- brary or libraries in said city, and all the provisions of Jaw which now are or may hereafter be passed relating to district school libraries, shall apply to the paid commissioners in the same manner as if they were trustees of a school district compi-ehending said city ; they shall also be vested with the discre- tion as to the disposition of the moneys appropriated by any law of tliis state for the purchase of libraries, which is therein confen-ed upon the inhabitants of school districts. It shall be their duty to provide a library room or rooms and the necessary furniture therefor, and appoint a librarian or librarians, -to make all purchases of books for the said library or libraries, and from time to time to cxchang'e or cause to be repaired the damaged'books belonging there- to ; they may also sell any books which they may deem useless or of an improp- er character, and apply the proceeds to the purchase of other books for the said library or libraries. § 19. It shall be the duty of the said board, at least fifteen days before the annual election for commissioners in each year, to prepare and report to the common council true and correct statements of the receipts and disburse- ments of moneys under and in pursuance of the provisions of this act during the preceding year ; in which aecoimt shall be .stated under appropriate heads : 1. The moneys received by the common council under the eighth section of this act : / 2. The school moneys received by the treasurer of the city from the coun- ty treasurer, and the collector of taxes for city and county charges in said city . 3. The moneys received by direct tax : 4. All other moneys received by the treasurer, subject to the order of the board specifying the sources : 5. The manner in which such sums of money shall have been expended , specifying the amount paid under each head of expenditure : And the common council shall, ten days before such election, cause the same to be published in at least two of the newspapers published in said city., §'20. Tlie said board shall be subject, from time to time, to the rules and regulations made by the state superintendent of common schools, so far as the same may be applicable to them, and not inconsistent with the provisions of this act. § 21. The common council of said city shall have the power, and it shall be thc-ir duty, to pass such ordinjincos and regulations as the said board of edu- cation may report a.s necessary and proper for the protection, safe-keeping, care and preservation of the school houses, lota, sites, and appurtenances, and all necessary property belonging to or connected with the schools in said city ; and to impose proper penalties for the violation thereof, subject to the restric- tions and limitations contained in the act to incorporate the snid city ; and all such penalties shall be collected in the same manner that the penalties for a violation of the city ordinances are by law collected, and when collected, shall be paid to the treasury of the city, and be subject to the order of the board of education, in the same manner as other money* raised pursuant to the pro- visions of this act. § 22. Whenever the said board shall report to the common council that it is advisable to sell any of the school house.s, lots or sites, or any of the school property now or hereafter belonging to the city, it shall be the tluty of the common council to sell the same without unreasonable delay and upon such terms as the said common council may deem advisable. The proceeds of all such sales .shall be paid to the treasurer of the city, and shall be subject to the or- der of the said board, to be expended by them in the purchase, leasing, re- pairs or improvements of -other school houses, lots, school fiu-niture, apparatus or appurtenances. § 23. The title of the school houses, sites, lots, furniture, books, apparatus and appurtenances, and all other school property in this act mentioned, shal'. 350 be vested in tlie city of Syracuse ; and the same while use^jl for or appropriated for school purposes, shall not be levied upon or sold by virtue of any warrant or execution, nor be subject to taxation for any purpose whatever ; and the said city, in its corporate capacity, shall be able to take, hold, and dispose of any real or personal estate transferred to it by gift, grant, bequest or devise, for the use of the common schools of the said city, whether the same shall be transferred in terms to said city, by its proper style, or by any other desig- nation, or to any other designation, or to any person or persons or body, for the use of said schools. § 24. All moneys required to be raised by virtue of this act, shall, on be- ing raised as herein provided, be deposited for the safeheeping thereof, with the treasurer of said city, to the credit of the said board of education, and shall be drawn out in pursuance of a resolution or resolutions of said board, by drafts drawn by the president and countersigned by the clerk of said boai'd, payable to the order of the person or persons entitled to receive such moneys ; and said treasurer shall keep the funds aiithorized by this act to be received by him, separate and distinct from any other fujid which he is or may by law be authorized to receive. § 25. It shall be the duty of the said commissioners to ascertain and re- port to the common council of said city the amount of any and all indebted- ness of each of the school districts within said city, and to whom due, and when and how payable ; and the common council shall have the power, and it shall be their duty, in each year that any such indebtedness shall become due, or any portion thereof, to cause the amount so becoming due from any of said districts, to be assessed upon and collected from the taxable property within such districts, in the same manner as the taxes for contingent expenses are assessed and collected, for the use of the boai'd of education, for the payment of such indebtedness. § 26. It shall be the duty of said commissioners, and they shall have pow- er to procure a site within school distinct number sixteen (16) in the city of Syracuse, and cause to be erected thereon a suitable and projjer school house, and cause a statement of the cost of siich site and building to be laid before the common council of said city, who shall have power, and it shall be their duty to cause the sum of one thousand five hundred dollars to be assessed uponand collected from the taxable property within said district, in the same manner that the contingent expenses of said city are assessed and collected ; and in case the said expenditure shall exceed the sum of fifteen hundred dollars, the said excess shall be collected from the city at large, for the use of the said commissioners for the purposes in this section specified. § 27. It shall be the duty of the clerk of said city immediately after the election of any person as a commissioner of common schools, to personally no- tify him of his election, and if any such person sliall not within ten days after receiving such personal notice of his election, take and subscribe the constitu- al oath and file the same with the clerk of the said city, the common council may consider it a refusal to serve, and proceed to supply the vacancy occasion- ed by such refusal ; and the person so refusing to serve shall forfeit and pay to the city treasurer, for the benefit of the tuition fund, a penalty of ten dollars. » § 28. The present school officers of the school districts in the territory embraced in this act, shall continue in ofilce until the unfinished business of said districts shall have been finally closed up and settled, with all the pow- ers and duties now by law unposed u]X)n them, for the purpose of closing up such unfinished business. 851 TROY. • [Laws of I&'IO. Cliap. 198, as amended by Chap. 47, laws of 1851.] AN ACT to amend the charter of the city of Troy, and to protide for the establishmetit of free schools m said city. Passed April 4, 1849, "three-fifths being present." § 1. The several wards of the city of Troy shall constitute one school district, and the schools therein shall be free t<^ all children, between the ages of five and sixteen [21] years, residing in Fuch wards. g 2. There shall be erected in each of the said wards as hereinafter provided, one or more school houses of size and form sufficient to accommo- date all the children between tne aforesaid ages, residing in such wards. The purchase of sites for school houses shall be agreed upou in joint commit- tee of three from each ward, hereinafter mentioned ; and in ease of disagree- ment the decision shall rest with the common couneiL S 3. The title of the school houses, sites, lots, furniture, books apparatus and appurtenances, and all other school property, in this act mentioned, shall be vested in the city of Troy, and the same while used or appropriated for school purposes, shall not be levied upon, or sold by virtue of any warrant or execution, nor be subject to taxation, for any purpose whatever, and the said city in its corporate capacity, shall be able to take, hold, and dispose of any real or personal estate, transferred to it by gift, grant, bequest or devise, for the use of the common schools of the said city, whether the same shall be transferred in terms to said city by its proper style, or by any other desig- nation, or to any person or persons, or body, for the use of said schools. § 4. The common council of said city, may, upon the recommendation of the board of education hereinafter mentioned, sell any of the school houses, lots, or sites, or any other school property, now or hereafter, belonging to said- city, upon such terms as the said common council may deem reasonable. The proceeds of all such sales shall be paid to the chamberlain of the city, and shall be by the said board of education again expended in the construction, repairs, or improvements of other school houses, lots, sites or school furniture, apparatus or appurtenances. § 5. There shall be elected at the annual charter election of said city, to be held on the first Tuesday of March, 1850, in the same manner as other ward officers are elected, from each of the 1st, 2d, 3d, 4th arid 7th wards in said city, two persons, and from each of the 5th, 6th, and 8th wards thereof, one person, to be commissioners of common schools for said city. The per- sons so elected shall be residents of the ward for which they shall be elected, and shall within ten days after receiving notice of their election, take the oath of office prescribed by the constitution of tliis state, and file the same witli the city clerk. § 6. Within ten days after their election, as in the last section mention- . od, said commissioners so elected from those wards in which moi'e than ope 'commissioner is elected, shall meet in the office of the clerk of said city, and shall determine by lot which of the two persons so elected fo^ each ward shall serve for the term ending on the second Tues-^ay of March, 1851, and which for the term ending on the second Tuesday of March, 18-52. § 7. In each year, thereafter, there shall be elected in said «ity, at the an- nual charter election in the same manner, and under the same regulations, as other ward officers are elected, one commissioner of common schools for each ward, to supply the jilaees of those whose terms are about to expire. The term of office of all commissioners elected pursuant to this act, shall commence on the Tuesday next after their election, and shall continue two years, except of those commissioners elected from the 4th, 6th and 8th wards, whose term of office will continue but one year. 352 § 8. The common council of said city make may make appointment of commissioner of common schools to fill vacancies which may occur from any cause other than the expiration of the term of office of those elected, and the removal from the ward for which he was appointed or elected shall be deem- ed a resignation of his office by any conamissioner. The commissioners so ap- pointed sliall hold their offices till the Tuesday succeeding the next annual election, and at each annual election there shall be elected a commissioner to supply the place of any person so appointed, and the person thus elected shall serve out the unexpu-ed term. § 9. Any commissioner of common schools in said city, may be removed from office for official misconduct by the common council of said city, by a vote of two-thirds of the members thereof ; but a written copy of the char- ges against said commissioner, shall be served upon him, and he shall be al- lowed an opportunity to refute any such charge of misconduct, before removal. §.10. ITie commissioners of common sclfools in said city, shall constitute a board, to be styled the " Board of Education of the city of Troy," whicli shall be a corporate body in relation to all the powers and duties conferred upon them by virtue of this act. A majority of the board shall form a quo- rum. The first meeting of the board shall be on the second Wednesday next after their election, and the annual meeting of the board, thereafter, shall be on the second Wednesday next after their election. At the first meeting of the boai'd, and annually thereafter, at the annual meeting, they shall elect one of theii' number president of the board ; and whenever he shall be ab- sent, a president pro tempore may be appointed. The said commissioners shaU receive no compensation for their services. § il . The said commissioners shall appoint a clerk "who may be one of their mamber, who shall hold his office during the pleasure of the board, and whose compensation shall be fixed by them. The said clerk shall keep a re- cord of the proceedings of the board, and perfprm such other duties a^ the board may prescribe ; the said record or a transcript thereof, certified by the president and elerk, shall be received in all courts as prima facie evidence of facts therein set forth ; and such records and all the books, accounts, vouch- ers, and papers of said board shall at all times be subject to the inspection of the common council, and of any conamittee thereof. ^ 12. The common council of said city shall have the power, and it shall be their duty to raise from time to time by tax, to be levied equally upon all the real and personal estate in said city, which shall be liable to taxation for the ordinary city taxes, or for city or county charges, such sum or sums of monev, as may be necessary or proper, for any or all the following purposes : 1. To purchase school houses, and also to piu'chase, lease or improve sites therefor. 2. To enable the board of education to build, lease, enlarge, alter, improve and repair school houses, and their out houses and appm'tenances. 3. To purchase, exchange, improve and repair school apparatus, books, fur- niture and appendages ; but the power herein granted, shall not be deemed to authorize the furnishing with class or text books any scholar whose parents or guardian shall be able to furnish the same. 4r. To procure fuel and defray the contingent expenses of the common*' aehools, and the expenses of the school libraries of said city. 5. To pay the wages of teachers due after the application of the public monies, which may by law be appropriated aod provided for that purpose : Provided, nevertheless, that the tax to be levied, as aforesaid, and collected by virtue of this act, shall be collected at the same time, and in the same man? ner as other city taxes. 6. And the amount to be raised for teachers' wages and contingent ex- penses in any one year, bhaU not be less than twice, nor more than fourtimes the amount apportioned to said city, from the common school fimd of the state diiring tlie previous year, nor shall the amount to be raised in one year, after the 1st Tuesday in March, 1851, for purchasing sites and erecting and repair- 363 'ing sdiool houses exceed five thousand dollars. And the common council of said city are authorized and directed when necessary, to raise by loan in an- ticipation of the taxes, the moneys so to be raised, collected and levied as aforesaid. § 13. All moneys to be raised pursuant to the provisions of this act, and all school moneys by law appropriated to, or provided for said city, shall be paid to the chamberlain thereof, who together with the sureties upon his of- ficial bond, sliall be accountable therefor, in the same manner as for other mon- eys of said city ; the said chamberlain shall be liable to the same penalties for any official misconduct in relation to the said moneys, as for any similar misconduct in relation to other moneys of said city. § 14. The said board shall have powei", and it shall be their duty, 1. To establish and organize, in the several wards of said city, such and so many schools, (including tlie common schools now existing therein) aa they shall deem requisite and expedient, and to alter and discontinue the ■same. 2. To build, lease, or contract for the occupation and use of school houses and rooms, and to improve the same as they may deem proper. 3. To alter, improve and repair school houses and appui'tenances as they. may deem advisable. 4. To purchase, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages, and to defray their contiugent ex- penses, and the expense of the school libraries. 5. To have the custody and safe keeping of the school houses, out houses, books, furniture and appendages, and to see that the ordinances of the commoE council in relation thereto be observed. 6. To contract with, license, and employ all teachers in said schools, and •at their pleasure to remove them. 7. To pay the wages of such teachers out of the moneys appropriated and pi'ovided by law, for the support of schools in said city, so far as the same shall be sufficient, and the residue thereof, from the money authorized to he raised for that purpose by section twelve of this act, by tax upon said •city. 8. To defray the necessary contingent expenses of the board, including aa •annual salary to the clerk, provided the account of such expenses shall fii-st be •audited and allowed by the common council. 9. To have in all respects the superintendence, supervision, and manage- , ment of the common schools jnsaid city, and from time to time to adopt, alter, ■modify and repeal, as they may deem expedient, rules and regulations for their organization, government and instruction, for the reception of jJupils, and their transfer from one school to another, and generally for the promotion of their good order, prosperity and public utility. 10. Whenever, in the opinion of the board it may be advisable to sell anv of the school houses, lots, or sites, or any of the school property, now or here- after belonging to the city, to report the same to the common council. 11. To prepare and report to the common council, such ordinances and " ?-egulations as may be necessary or proper for the protection, safe keeping, .•care and preservation of school houses, lots and sites and appurtenances, mid all the property belonging to the city, connected with or appertaining to the schools, and to suggest proper penalties for the violation of such ordinances and regulations ; and annually, on or before the first day of February in each year, to determine and certify to said common council, the sums in their opin- ion necessary or proper, to be raised under the twelfth section of this act, specifying the sums required for the' year commencing on the ffi-st of Mai'ch thereafter, for each of the purposes therein mentioned, and the reasons therefor. 12. Between the fii-st day of July, and the first day of August, in eaeh year, to make and transmit to the county clerk, or such other officer as mav be designated by law, a report in writing beaiing date the first day of Julr ia the year of its transmission, and stating, 33 354 1. The number of school houses in said city, and an account and descrip' tion of all the common schools kept in said city during the preceding year, and the time they have severally been taught. 2. The number of children taught in said schools respectively, and the number of children over the age of five years, and under the age of sixteen [Ul] years, residing in said city, on the first day of January, of that year. 3. The whole amount of school moneys received by the chamberlain of said city during the year preceding, distinguishing the amount received from the county treasurer, from the city tax, and from any other source. 4. The manner in which such moneys had been expended, and whether any and what part remains unexpended, and for what cause. 5. The amount of money received for tuition fees from foreign pupils du- ring the year, and the amount paid for teachers' wages in addition to the pub- lic monies, with such other information relating to the common schools of said city, as may from time to time be required by the state superintendent of common schools. § 1 5. It shall be the duty of each commissioner to visit the schools in his ward twice in each year ; and the board of education shall provide that each of the schools in the city shall be visited by a committee of three, or more of their number, or by their clerk, at least once in each term. § 16. The said board of education shall have power to allow the children of persons not resident within the city to attend any of the schools of said city under the care and control of said board, upon such terms as said board shall bj resolution prescribe, fixing the tuition which shall be paid there- for. § 17. It shaU be the duty of said board, in all their expenditures and contracts, to have reference to the amount of moneys which shall be subject to their order, dm-ing the then current year, for the particular expenditure in question, and not to exceed that amount. § 18. The said board of commissioners shall be trustees of the school li- brary or libraries in said city, and all the provisions of law which now are or hereafter may be passed relative to district school libraries, shall apply to the said commissioners ; they shall also be vested with the same discretion as to the disposition of the moneys appropriated by any law of this state, for the purchase of libraries which is therein conferred upon the inhabitants of school districts. It shaU be their duty to provide a libraiy room, or rooms, in the several school houses in said city, and the necessary furniture therefor. The clerk of said board shall be the general librarian. The board shall also appoint a librarian for each school, to have the care of the books, and to superintend the letting out and return thereof The several school librarians shall from time to time, inform the general librarian of the state and condition of iheir libraries, and the said board or the general librarian, under the direction and by resolution of the said board, rnay make all purchases of books for the li- braries, and provide for their equitable distribution among the schools, and exchange or cause to be repaired the damaged books belonging thereto, and alsp sell any books which may be deemed useless, or of improper character, and apply the proceeds to the purchase of other books for said libraries. § 19. It shall be the duty of said board, at least fifteen days before the annual election for commissioners in each year, to prepare and report to the common council, true and coiTect statements of the receipts and disbursements sf moneys under and in pursuance of the provisions of this act, during the pre- ceding year ; in which account shall be stated under appropriate heads : 1. The monies raised by the common council under the twelfth section of this act*. 2. The school moneys received by the chamberlain of the city, from the «ounty treasurer, distinguishing between the sum received from the state and the sum raised upon the city by the board of supervisors : 3. The moneys received by the common council under the third section of this act : 4. All other moneys received by the chamberlain subject to the order of the bosjrd, Bp,ecifjing the sources. 355 5. The manner in which such sums of money shall have been expended, specifying the amount paid under each head of expenditure : And the commori couneU. shall, ten days before such election, cause the same to be published in at least two of the newspapers publis^hed in said city. § 20. The common council of said city shall have the power to pass such ordinances and regulations as the said board of education may report as ne- cessary and proper for the protection, safe keeping, care and preservation of the school houses, lots, sites, appurtenances and appendages, libraries, and all necessary property belonging to, or connected with the schools in said city ; and to impose proper penalties for the violation thereof, subject to the restrictions and limitations contained in the act to incorporate the said city ; and all such penalties shall be collected in the same manner that the penal- ties for the violation of the city ordinances are by law collected, and when collected, shall be paid to the chamberlain of the city, and be subject to the order of the board of education, in the same manner as other moneys, raised pursuant to the provisions of this act. § 21. It shall be the duty of the common council, within fifteen days after receiving the certificate of the commissioners required by the fourteenth sec- tion of this act, of the sums necessary or proper to be raised under the twelfth section of this act, to determine and certify to said board of education the amount that will be raised by them for the year commencing on the 1st of March thereafter, for the purposes mentioned in said twelfth section, distin- guishing between the amoimt to be raised for teachers' "wages and contingent expenses, and the amount to be raised foi' the repair of school houses, which amounts shall be subject to the disposal of the board of education. § 22. All the moneys required to be raised by virtue of this act, or re- ceived by the said city, for or on account or the common schools, except such sums as are raised for the purchase of sites for school houses, shall be depos- ited for the safe keeping thereof, with the chamberlain of said city, to the a-edit of said board of education, and shall be drawn out in pursuance of a resolution or resolutions of said board, by drafts dra\vn by the president and countersigned by the clerk of said board, payable to the order of the person or persons entitled to receive such moneys ; and said chamberlain shall keep the funds authorized by this act to be received by him, separate and distinct from any other fund, which he is, or may by law be authorised to j-eceive. § 23. It shall be the duty of the clerk of said city, immediately after the election of any person as a commissioner of common schools to personally or in writing, to notify him of his election, and if any such person shall not with- in ten days after receiving such notice of his election, take and subscribe the constitutional oath, and file the same with the clerk of the said city, the com- mon council may consider it a refusal to serve, and proceed to supply the va- cancy occasioned by such refusal ; and the person so refusing, shall forfeit, and pay to the city chamberlain, for the benefit of the tuition fund, a penalty of ten dollars. § 24. It shall be the duty of the several school districts in the city of Ti-oy, within three months from the passage of this act, to transfer and convey to said city all school houses, sites, lots, and all other school property of what- ever name and description, and to place in the care of the board of education, all school district records, account books, vouchers, contracts, papers, and oth- er school property, and the said school oflScers of the said city and the sever- al school districts thereof, shall continue in office until the unfinished busi- ness of said districts shall have been finally closed up and settled, not exceed- ing three months after the passage of this act, with all the power and duties now by law imposed upon them, for the purpose of closing such unfinished business. § 25. The common council of the city of Troy shall, on the third Thurs- day of April, 1849, appoint from each ward in said city commissioners of com- mon schools for said city, corresponding in number with the aldermen elected from said wards, who shall hold their office until the second Tuesday of March, 356 1850 • the said persons so appointed shall be residents of the ward for which they shall be appointed, shaU during the time of their appointment consti- tute said board of education, and possess the same power and privileges, per- form the same duties, and be subject to the same regulations as the commis- sioners to be elected under this act. Then- first meeting shall be on the fii-st Wednesday after their appointment. _ S 26. The said commissioners so appointed, shall, m addition to the other duties required of them by this act, on or before the fii-st day of June, 1849, determine and certify to the common council in the manner designated by the fourteenth section of this act, the sums necessary and proper to be raised by said city for the purposes mentioned in said twelfth section, for the year com- mencing on the 1st of March, 1849. The said common council shall,_ within fifteen days after receiving said certificate, determine and certify to said com- missioners in the manner specified in the twenty-first section, the amounts that will be raised by them, which amounts shall in like manner be subject to the disposal of said commissioners. 8 2'7 . All previous acts and parts of acts inconsistent herewith, are here- by repealed. \Ghap. 353, laws of 1850, as amended by chap. 366 laws of 1851.] 8 1. It shall be lawful for the board of education of the city of Troy, and the said board is hereby authorized, to discharge all the duties and exercise all the powers belonging to the oflice of town superintendent of common schools by law, in relation to the formation of joint school districts out of parts of said city, and parts of adjoining towns, and also in the erection of sepaj-ate school districts, as hereinafter provided, in either the fifth, sixth, and seventh wards of said city. . • • , j- 8 2. Whenever it may become necessary or convenient to lorm a joint oia- trict out of parts of said city and of any adjoining town, the board of educa- tion may depute any member of said board or the clerk thereof, to meet with the superintendent of such adjoining town, and the proceedings of such mem- ber of said board, or the clerk thereof, and such town superintendent, ua con- formity with the statute, duly certified under their hands, in forming, regula- ting and altering any such districts, shall be valid and conclusive, when ap- proved by said board at any meeting regularly convened. S3 The-said board of education may, in its discretion, upon the wi'itten application of at least two-thirds of the inhabitants, entitled by law to vote in school district meetings, residing within the territory to be included there- in erect separate school districts, and from time to time regulate and alter the same in either the fifth, sixth and seventh wards of said city. Such separate school districts, when so erected, and the joint districts provided for m the sec-' ond section of this act, when so formed, shall severally enjoy aU the rights and privileges and be subjectto all the duties and habilities of school districts legally formed in the several towns of this state, and shall be no longer under tlie care and government of said board of education. S 4. It shall be the duty of the trustees of all such joint and separate dis- tricts as shall be formed and erected in pursuance of this act, to make to the board of education of said city, all the reports and retm-ns which are or may be by law required in the several towns of this state to be made to the town superintendents thereof. It shall be the duty of the said board of education to apportion to each of the parts of such joint districts lying withm said city, and to each of such separate districts, from all the public fchooi moneys that shaU thereafter be apportioned and paid to the city, whether the same shall be received from the state school moneys or from Iha taxes di- rected By law to be levied and collected for that purpose, the just proportion of such moneys according to the number of children residing withm such parts of said joint districts as shall lie witliin said city, and withm said sep- arate districts, between the ages of five and sixteen years inclusive making the whole number of such children residing within tne city the basis tor such apportionment, as the same shall appear from the last reports thereof. 357 § 5. It shall be the duty of the board of supervisor a of the county of Rens- selaer, from and after the passage of this act, to direct that all the moneys levi- ed and collected on the inhabitants of the city of Troy for cummon school purposes, whether the same shall be levied and collected as county taxes or otherwise, shall be paid owit by the receiver of taxes for said city, to the chamberlain thereof, for the sole use and benefit of the free pubUc schools within said city, and it shall be the duty of the board of education to apply all such moneys to the support of the free schools of said city in conformity to law. [Chap. 366, laws of 1851.] § 2. Every ward in the city of Troy, and each portion of a ward in which a public school is now, or may hereafter, be maintained, shall constitute a school district, under the supervision and direction of the board of education, of said city. UTICA. [Laws 0/1842, chap. 137, as amended by chap. 131, latos of I8i4t. Chap. 184, Title X, laws of 1S4S, and chap. 66, laws of 1850.] AN" ACT in relation to common schools in the city of Utica. Passed April 7, 1842, by a two-third vote. The People of the State o{ N'ew -York, represented in Senate and Assembly, do .Enact as follows : § 1. At the next annual election for city officers to be held in the city of Utica, there shall be elected six commissioners of common schools for the said city, who shall be elected in the same manner as justices of the peace, su- pervisors and constables are elected in said city pm-suant to the act incorpora- ting said city. § 2. Within ten days after their election, the persons so elected shall take and subscribe the oath of office prescribed by the constitution, and file the same with the clerk of said city ; and they or a majority of them shall thereupon meet and cause the whole number of commissioners so chosen to be divided into three classes, to be severally numbered first, second and third. The term of office ' of the first class shall expire at the end of one year, of the second class at • the end of two years, and of the third class at the end of three years ; but each class shall continue in office until their successors are elected, and have taken the oath of office. § 3. At every annual election for city officers in said city after the next, there shall in like manner be elected two commissioners of common schools, to supply the places of those whose term of office is about to expire ; they shall hold their office for three years, and until their successors are elected, and have taken the oath of office. The term of office of all commissioners elect- ed pursuant to the provisions of this act, shall commence on the first Mon- day after the first Monday in March next succeeding their election. § 4. The common council of said city may make appointments of commis- sioners of common schools, to fill vacancies which may occur from any cause other than the expiration of the term of office of the person elected. The commissioners so appointed, shall hold their office for the unexpired term of those to supply whose places they are appointed. § 5. Any commissioner of common schools in said city may be removed from office for official misconduct, by the common council thereof, by a vote of two-thu-ds of the members thereof. § 6. The commissioners of common schools in said city shall constitute a , board t be styled the " Commissioners of Common Schools in the city of Utica," which shall be a corporate body in relation to all the powers aod duties con- 358 f en-ed upon them V virtue of this act ; a majority of the board shall form a quorum. At their first meeting after each annual city election, they shall elect one of their number chairman, and whenever the chairman shall be ab- sent from a meeting of the board, they may appdnt a chairman pro tempore ; they shall also elect a clerk "who shall hold his office during the pleasure of the board ; the said commissioners shall receive no compensation for their services. t .i, § 1. The clerk of said board shall keep a record of the proceedings there- of, which record, or a transcript therefrom, certified by the chairman and , clerk, shall be received m all courts as prima facie evidence of the facts therein set forth ; and such records, and all the books, papers, and accounts of the said board, shall at all times be subject to the inspection of the common council, and of any committee thereof. § 8. The common council of the said city shall have the power, and it shall be their duty, to raise from time to time by tax upon the real and per- sona* estates in said city, which shall be hable to taxation for the ordinary city taxes, or for town or county charges, ^uch sums as may be determined and certified by the said board of of commissioners, to benecessaiy or proper for any or all of the following purposes ; 1. To purchase, lease or improve sites for school houses ; 2. To build, purchase, lease, enlarge, alter, improve and repair school hous- es and then- out houses and appurtenances : 3. To purchase, exchange, improve, and repair school apparatus, books, furnitm-e and appendages : 4. To procure fuel and defray the contingent expenses of the common schools, and the expenses of the district library of said city, and the contin- gent expenses of said board of commissioners including the salary of the clerk of said board, aad to meet any deficiency which shall occur in the pay- ment of the wages of teachers of the said schools, after applying to the pay- ment thereof, the school moneys appropriated and provided in said city, and the tuition fees which shall be collected as hereinafter provided ; which shall be in addition to the amount of school moneys now or hereafter appropriated or provided by law, for common schools in said city ; provided, nevertheless, that such tax shall not be laid oftener than once in each year; and that the whole amount to be raised shall not in any one year exceed the sum of thi-ee thousand dollars. 8 9. The common council shall cause the amount of the tax at any time ordered to be raised in pursuance of the last section, to be added to the amount which they are otherwise authorized by law to raise by tax m said city, and they shall cause the same, with the collectors' fees thereon, to be as- sessed, levied and collected at the same time by the same warrant, and in the same manner with the taxes raised for city expenses, under and by vntue of the forty-fourth section of the act to incorporate said city. § 10. All moneys to be raised pursuant to the provisionsof this act, and all school moneys by law appropriated to or provided for said city, shall be paid to the treasurer of the said city, who together with the sureties upon his official bond, shall be accountable therefor in the same manner as for other moneys of the said city ; the said treasurer shall also be liable to the same penalties for any official misconduct in relation to the said moneys, as for any similar misconduct in relation to the other moneys of the city. _ 8 11. After the passage of this act the treasurer of the said city shall not pay out any monevs in his hands received by the said city, either as school moneys, or collected or received by virtue of any of the provisions of this act, excepting upon an order drawn upon him, and signed by the chairman and clerk of the said board of commissioners, and no such order shall be drawn except by virtue of a resolution of the board. , . .,. 8 12. The said board may cause a suit or suits to be prosecuted m the name of the city of Utica, upon the official bond of the treasurer, or of any collector of the said city, for any default, delinquency or off.cial misconduct m relation to the collection, safe keeping or payment of any moneys in this act mentioned. • 359 § 13. The said board shall have power, and it shall be their duty : 1. To establish ard organize such and ao many common schools in said city, (including tlie common and free schools now existing therein) as they shall deem requisite and expedient, and to alter and discontinue the same. 2. To purchase or hire school houses, and rooms and lots or sites for school houses, and to fence and improve them as they deem proper. 3. Upon such lots or sites, and upon any sites now owned by said city, to build, enlarge, alter, improve and repair school houses, out houses and appur- tenances as they may deem advisable. • 4. To piu-chase, exchange, improve and repair school apparatus, books, fur- niture and appendages, and to provide fuel for the schools, and defray their contingent expenses and the expenses of the district library. 6. To have the custody and safe keeping of the school houses, out houses, apparatus, books, furniture and appendages, and to see that the ordinances of the common council in relation thereto be observed. , . 6. To contract with and employ all teachers in the common schools and at their pleasure to remove them. I. To pay the wages of such teachers out of the school moneys which shall be appropriated and provided in the said city, so far as the same shall be suf- ficient, and the residue thereof from the tuition fees they shall be authorized to collect or receive as herein provided ; and in case the said school moneys and tuition fees shall be insufficient to pay such wages, then to pay the de- ficiency out of the moneys to be raised by the common council of said city in pm'suanee of the eighth section of this act. 8. To fix the rate of tuition fees in said schools at a sum not exceeding two dollars per term, v/hich shall be a period of not less than eleven weeks, and to designate a person or persons to whom the same may be paid pre- vious to issuing a warrant for the collection thereof, and to exempt from the payment of the whole or any part of the tuition fees, such persons as they may deem entitled to such exemption, for indigence or any other sufiicient cause, and cause a list of the persons so exempted, with the extent of their exemp- tion, to be kept by the clerk of the board. 9. To defray tlie necessary contingent expenses of the board, including an annual salary to the clerk, which shall nqt exceed one hundred dollars, provi- ded thai the account of such expenses ^hall first be audited and allowed by the common council. 10. After the end of each school term to make out a rate bill containing the name of each person liable to pay tuition fees, who shall not have paid them (prior to the making out of such rate bill) to the person or persons des. ignated by the board for that pm'pose, and the amount for which such person is liable, addding thereto a sum not exceeding five cents on each dollar of the sum due, for collector's fees, and to annex to such rate bill a wan-ant for the collection tliereof. II. To deliver such rate bill, with the warrant annexed, to one of the col- lectors of taxes of said city, who shall execute the same in like manner and with like elect, with the other warrants for the collection of taxes placed in his hands ; or lu ti"-i discretion, to deliver the same to a collector to be ap- pointed by said board of commissioners, who shall, if required by said board, execute to said commissioners in their corporate capacity, a bond, with one or more sureties, to be approved by said commissioners, or a majority of them, which bond, as to its penalty and conditions, shall be the same as is by law required to be executed by the collectors of school districts ; and the said board of commissioners shall have the same power and authority in regard to said bond and the collection thereof, as the trustees of school districts have by law, in regard to the bonds given by collectors of school districts ; and the eaid collector shall have the same power in the execution of said warrant, that the collectors of taxes of said city have by virtue of this act. 12. To have in all respects the superintendence, super visiim and manage- ment of the common schools m said city, and from time to time to adopt, al- ter, modify and rep«al, as they may deem expedient, rules and regulations for their organization, government and instruction, for the reception of pupils and 360 their ti-ansfer from one school to another, and generally for the promotion of their good order, prosperity and public utility. 13. "Whenever, in the opinion of the board, it may be. advisable to sell any ®f the school houses, lots br sites, or any of the school property now or hereaf- ter' belonging to the city, to report the same to the common council. 14. To prepare and report to the common council such ordinances and re- gulations as may be necessary or proper for the protection, safe keeping, care and preservation of school houses, lots, sites and appurtenances, and all the property belonging to the city, connected -with, or appertaining to the schools and to suggest proper penalties for the violation of such ordinances and regu- lations ; and annually to determine and certify to the said common council ^e sums in their opinion necessary or proper to be raised under the eighth section of this act, specifying the sums required for each of the several pm*- poses therein mentioned. 15. To imite with the commissioners of schools of any adjoining town, and form, regidate and alter any district out of any portion of the said city and stich town, whenever they shall deem it necessary and proper to do so, in which case, so far as such district or districts are concerned, and said board shall, during the existence of such districts, have the same powers and duties which the commissioners of schools in towns have. 16. Between the first day of July and the first day of August in each year, to make and transmit to the county clerk a report in winting, bearing date the first day of July in the year of its transmission, and stating, 1. The whole number of districts separately set off within the said city, in pursuance of subdivision fifteen of this section : 2. An account and description of all the common schools kept in said «ity dining the preceding year, and the time they have severally been 3. The number of children taught in the said schools respectively, and th« Dumber of children over the age of five and under sixteen [21] years residing in the city on the first day of January of that year : 4. The whole amount of school moneys received by the treasurer of the said city during the preceding year, distinguishing the amount received from the county treasurer, from the town collector, and from any other and what source : 5. The manner in which such moneys have been expended, and whether any and what part remains unexpended, and for what cause : 6. The amount of money received for tuition fees during the year, and the amount paid for teachers' wages, in addition to the public moneys with such ether information as the superintendent of common schools may from time to time require. § 14. All persons collecting or receiving tuition fees pursuant to the des- ignation, or the warrant of the said board, shall be liable for all moneys thus collected or received by them in the same manner as collectors are for mon- eys received by them for taxes, and any collector of the said city, and his sureties shall be liable upon his ofiicial bond, for any default, delinquency, neg- lect or misconduct, in the duties' with which he may be charged under or by virtue of this act, in the same manner and with the hke effect as for any other ©fficiar default, delinquency, neglect or misconduct ; and such collector shall also bo liable to the same penalties for any such official misconduct as for any similar misconduct in relation to any other duties of his oflice. I 1 5. _The warrant annexed to any rate bill pursuant to the provisions of this act, shall be under the hands of the commissioners, or a majority of them, and shall conimand the collector to collect from every person in such rate bill named, the sum therein set opposite his name, and in case any person so nam- ed, shall not pay such sum on demand to levy the same, together with the fees of said collector, by distress and sale of goods and chattels of the person who ought to pay the same, or of any goods and chattels in his possession, wheresoever the same may be found in the city of Utica, and to make return ©f such warrant to the treasurer of said city, within thirfcy days after the da- livery thereof. 361 § 16. Such warrauts shall have the like force and eflFect as warrants issued by the boards of supervisors to the collectors of towns, and the collectors of the said city ai'c authorized to collect the amount due from any person or per- sons in the said city, in the same, manner and with the same power that col- lectors of a school district have for the collection of tax or rate bills issued by the trustees of school districts. § 17. The board of commissioners shall possess the same powers which the ti'ustees of school districts have for the collection of tuition fees, which shall not be collected by the warrant issued by them with rate bills, and subject to the same regulations ; and they may in like manner as the trustees of school districts, correct and amend errors in making out any rate bill, and refund to any person any sum improperly collected in consequence of such error. § 18. It shall be duty of the said board in all their expenditures and con- tracts to have reference to the amount of moneys which will be subject to their order during the then current year, for the particular expenditures in question. ■§ 19. The said board of commissioners shall be the trustees of the district library in said city, and all the provisions of the act entitled, " An act re- specting the School District Libraries," passed April 15, 1839, and all other laws wliich now are or may Jiereafter be passed relating to district school li- braries, shall apply to the said commissioners in the same manner as if they were trustees of a school district comprehending the said city ; they shall also be vested with the discretion as to the disposition of the moneys appro- priated by the fourth section of chapter two hundred and tliirty-seven, of the Statues of eighteen hundred and thirty-eight, which is therein conferred up- on the inhabitants of school districts. It shall be their duty to provide a li- brary room and the neces'Bary library furniture, and appoint a librarian, to make all piurchases of books for the said library, and from time to time to ex- change or cause to be repaired damaged books belonging thereto ; they may also sell any books which "they deem useless, or of improper character, and apply the proceeds to the purchase of other books for the said hbrary. § 106. [Title X, chap. 184, laws of 1849.] The board of commissioners of common schools may from the moneys received by tliem for the school dis- trict library, defray the contingent expenses of the hbrary and the salary of the librarian, and apply such portion of it as they may deem proper to the payment of teachers' salaries. § 20. It shall be the duty of said board, at least fifteen days before the annual election for city officers in each year, to prepare and report to the common council true and correct statements of the receipts and disbursements of moneys under and in pursuance of the provisions of this act during the pre- ceding year ; in which account shall be stated under appropriate heads, 1. The moneys raised by the common council under the eighth section of this act : 2. The school moneys received by the treasm-er of the city from the coim- ty treasurer and the collector of taxes for town and county charges in said city : 3. The moneys received for tuition fees : 4. Alll other moneys received by the treasm-er subject to the order of the board, specifying the sources : 5. The manner in which such moneys shall have been expended, specifying the amount paid under each head of expenditure ; And the common council shall, ten days before the said election cause the same to be published, with the statement required to be published by the thirty-tlui-d section of the act to incorporate the said city. § 21. The said board shall be subject to the rules and regulations from time to time made by the superintendent of common schools so far as the same may be applicable to them, and not inconsistent with the provisions of this act. 362 § 22. The eommon council of said city shall have the power, and it shall be their duty to pass such ordinances and regulations as the said board of commissioners may report as necessary and proper for the protection, safe keeping, care and preservation of the school houses, lots, sites, and appurte- nances, and all the necessary property belonging to or connected with the schools in said city ; and to impose proper penalties for the violation thereof, subject to the restrictions and limitations contained in the act to incorporate the said city ; and all such penalties shall be collected in the same manner that the penalties for violation of the city ordinances are by law collected ; and when collected shall be paid to the treasm-er of the city, and be subject to the order of the board of commissioners, in the same manner as other mon- eys raised pursuant to the provisions of this act. § 23. Whenever the said board shall report to the common council that it , is advisable to sell any of the school houses, lots or sites, or any of the school property now or hereafter belonging to the city, it shall be the duty of the common council to sell the same without unreasonable delay, and upon such terms as the said council may deem advisable. The proceeds of all such sales shall be paid to the treasurer of the city, and shall be subject to the order of the said board, to be expended by them in the purchase, leasing, repairs or improvements of other school houses, lots, school furniture, apparatus or ap- purtenances. § 24. The title of the school houses, sites, lots, furniture, books, ajsparatus and appurtenances, and all oth«r school property herein before in this act mentioned, shall be vested in the city of Utica ; and the same while used for or appropriated for school purposes shall not be liable to be levied upon or sold by virtue of any warrant or execution, nor be subject to taxation or as- sessment for any purpose whatsoever -and the said city in its corporate ca- pacity shall be able to take, hold and dispose of any real or personal estate, transferred to it by gift, grant, bequest or devise for the use of common schools of the said city, whether the same shall be transferred in terms dii'ectly to said city by its proper style, or by any other designation or to any other des- ignation, or to any person or persons or body, for the use of said sehools. § 25. All former acts and parts of acts in relation to common and free schools in the said city, inconsistent with the provisions of this act are hereby repealed. [Chap. 66,_ Laws of 1850.] § 1. Tlie board of school commissioners of the city of Utica shall annual- ly prepare an estimate of the amount of money necessary to be raised in the said city, for the then ensuing year, for the payment of teachers' wages, ex- clusive of the public money and the money required by law to be raised by the county and town by the act establishing free sehools throughout the state, and present the same to the board of supervisors of Oneida county, (at their annual meeting,) who shall cause the same to be levied and collected from the said city in the same manner as other town taxes ; but the sum to be raised by vhtue of this section, shall not in any year exceed twice the sum apportioned to the city from the state school moneys. § 2. The said board of commissioners shall appoint a superintendent of eommon schools for the city, to hold his office during the pleasure of the board, and to perform such duties in the care and oversight of the schools in the city as it may charge him with. He shall be paid such compensation for his services as the board shall from time to time determine, which shall be audited and allowed, as other town charges are in the said city. 363 WILLIAMSBURGH. [Laws of 1851, Chap. iVl.] AN" ACT in relation to common schools in the city of Williamshurr/h. Passed April 14, 1851, " tliree-fifths being preseut." The People of the State of New-Yorh, represented in Senate and Assembly, do enact as follows : § 1. The trustees? of common schools in the city of "WilHamsburgh, hold- ing office at the passage of this act, whose term, under the provisions of chapter one hundred and eighty-one, laws of eighteen hundred and forty-four, would expire in May, eighteen hundred and fifty-two, shall hold office until the fii'st Monday in January, eighteen hundred and fify-two, and no longer. The trustees so holding office, whose term would expire in May, eighteen hundred and fifty-three, shall hold office until the first Monday in January, eighteen hundred and fifty-three, and no longer. And the trustees who shall be elected at the annual district meetings in May, eighteen hundred and fifty -one, shall hold office until the first Monday in January, eighteen hundred and fifty-fom-, and no longer. § 2. At each'annual election for charter officers hereafter to be held in said city, there shall be chosen in each ward, one trustee of common schools, whose term of office shall commence on the first Monday in January next succeeding his election, and continue thi-ee years. All persons qualified to vote for members of the common council in said city, shall be entitled to vote for school trustees, and the election shall be conducted in the manner pre- scribed by law for other elections ; provided, that a separate box shall be provided in each election district, to receive the yotes of electors for said trustees, and that the ballots used in such election, shall be endorsed " school." Vacancies in the office of school trustee shall be filled at the election next succeeding their occurrence ; but persons chosen to fill the same, shall hold office only for the residue of the term brolien by the oceun'ence of such vacancy. All persons shall be eligible to the said office, who may be eligible by law to the common council. § 3. Tlie three school trustees of each ward, in office at the same time, shall manage and control the common Schools of such ward, in conformity to the provisions of this act, and the laws of this state. § 4. The trustees of common schools of the several wards of said city, shall in joint meeting, form a board of education. The said board shall have the general supervision of the schools of said city, and shall have power to make such rules for determining the qualifications of teachers in said schools, and ensm'ing uniformity of books and school discipline, as they may deem best for the interests of education. The said board shall maintain schools for colored children, and shall have power to establish, manage, and control evening schools, using for such purpose, such school-house or school- houses as they may elect ; and when the same may appear to be demanded by the wants of the people, they may establish, manage and control an academy or high school. The board of education shall make its own by- laws, not inconsistent with the laws of this state ; and shall choose from their own number, annually, a president, and also a clerk, who shall keep a faithful record of the proceedings of the board. § 5. The several boards of school trustees shall by or before the first Monday of March in each year, prepare and file with the city clerk, a detaO- ed estimate of the necessary expenses of conducting the schools in their wards respectively for the year commencing on the first day of May follow- ing, specifying in such estimate, the amount necessary for teachers' wages, for books, for maps, and other school apparatus, for fuel, for ordinary repairs of school houses, for contingent expenses, for salary of librarian, for the main- tenance and moderate increase of the libraries, for furniture, for deficiencies 364 of previous appropriations. The board of education shall in like manner, file with the city clerk, an estimate of the amounts necessary for their contingent expenses, and for conducting the schools for colored children, evening schools, and academy maintained by them, specifying the branches of appropriations and the amounts necessary for each as in the case of the ward schools. § 6. The city clerk shall within ten days after the period named in the preceding section issue notice to the members of the school board of finance to meet at an appointed time and place within ten days after the date of his notice. The school board of finance shall accordingly meet and consider the estimates submitted to them as hereinafter provided, adjourning from time to time as they may see fit ; provided, that they shall make a final decision respecting said estimates previous to the first Monday of May. The said school board of finance shall have power to reduce, reject, or increase the sums named in the said estimates as they may think reasonable and expedient ; and having determined upon the amount necessary, in their opin- ion, for the proper management and support of the schools in each ward, they shall file a statement under the hands of their president and clerk, with the trustees thereof, setting forth in detail said necessary amount, and the par- ticular purposes for which said money shall be used. Having determined upon the amount necessary for the proper management and support of the schools for colored childi'en, the evening schools, and the academy maintain- ed by the board of education, and for the contingent expenses of said board, they shall file a statement thereof, similarly detailed, with the president of the board of education. They shall also file duphcates of said statements with the city comptroller and city treasurer. . § 7. The gross amount of money which the said school board of finance shall so certify to be necessary for school purposes, less any balance of pre- vious appropriations for such purposes remaining unexpended in the treasury and the amount of the distributive share of state school money to which the said city shall be entitled, and including a sufiicient amount to entitle the city to such distributive share, shall be added by the common council of the said city to the amount of taxes to be levied by the ■« tor the year, upon the real and personal property of the city ; and shall be paid with other monies raised by tax, to the city treasurer. The treasm-er shall disburse the same only by the order and on the warrant of the school trustees of the several wards, or of the board of education by its president and clerk, as the case may be, di"awn in favor of the person entitled to payment, and specifiying the partic- ular purpose to which the money is to be apphed. The treasurer shall honor such drafts only so far as the specific appropriations by the school board of finance shall allow. § 8. The school board of finance shall consist of the mayor of the city the members of the city board of finance, who are not members of the com- mon council and the trustees of common schools. The board shall choose a president from its own number. The city clerk shall be the clerk of said board, and shall keep a faithful record of its proceedings, entering the yeas and nays on every vote upon an appropriation. A majority of the school trustees, with a majority of the members of the board, shall be a quortm for the transaction of business, but a less number may adjourn from time to time. § 9. When the purchase of real estate, or the erection of an edifice for school or academy purposes may be decided by the board of education to be necessary, they shall file the vote by which such decision shall have been made, including an estimate of the extreme amount of money necessaiy for such purchase or erection, with the city clerk who shall lay the same at its next meeting before the common council of the said city. If said common coun- cil after due deliberation, shall also determine the same to be expedient, the said common council shall lay before the people, at the next election, the question whether they approve of the proposed erection or purchase ; and if a majority of the ballots cast for and against such proposition shall prove to be in fav or thereof, the said common council shall take measures to carry the 365 same into effect. And for tliis purpose the said common conncil shall have power to add the necessary amount to the annual taxes, provided that they may at their discretion, divide such amount into yearly instalments, aud make temporary Ibans in anticipation thereof. § 10. The title of the property now held by the several school districts of the town of William sburgh, aud of all real estate and buildings pm-chased and erected under this act, shall vest in the city of Williamsburgh ; and no such property shall be sold or otherwise diverted from use for educational purposes, without the recommendation or consent of the board of education. In case of such sale or diversion, the value of such property shall be appUed to the purchase or erection of other property for educational purposes, or to the reduction of taxes for school purposes, as inay be recommended by the board of education. § 11. If by any imforseen casualty, damage shall occur to the buildings held by the city for educational purposes, beyond the amount properly ap» propriated for repairs of such buildings, the common coimcil shall cause such damage to be repaired, and make special appropriations therefor. If such damage occur by tire, and is covered by insurance, the treasurer shall collect the insurance ; and the amount appropriated by the common council to pay for repairs of damage to buildings, less the amount, if any, received on account of insvH'ance in ease said damage occur by fire, shall be added by the common council to the annual taxes next to be levied by them. § 12. The city comptroller shall cause to be and keep insured, all build- ings held, by tlie city for school purposes, for a sufficient amount, in a compa- ny or companies of good standing ; and the expense of such insurance, if upon a ward school house, shall be paid by the warrant on account of con- tingent expenses of the school trustees of the ward in which such school house is situated ; and if upon a building used for a school for colored chil- dren, or for an academy, by the warrant on same account of the board of education. § 1 3. The office of superintendent of common schools for the town of "Williamsburgh, is hereby abolished. The sums to which the schools of said city shall be entitled by the laws of this state, and which would be paid to such superintendent for distribution, shall be paid to the treasurer of the city of "Wilhamsburgh. § 14. Tlie president of the board of education, shall make frequent vis- itations of the schools and academy, if such there be, of said city, reporting from time to time to the board their condition, and the measures necessary in his opinion, to improve tlieir efficiency and usefulness. § 15. The common schools of the city of "\yillianisburgh, shall be free to all children of said city, between the ages of five and sixteen y eai s inclu- sive ; provided, that a separate school or schools for colored children shall be maintained by the board of education. The said board shall prescribe the tei-ms of admission to the evening schools and to the city academy, if any shall be estabUshed under this act ; but they shall not make the payment of any 'money for entrance or tuition necessary to such admission. § 16. Tlie office of district clerk is hereby abolished. ITie books and papers in the hands of the clerks of the several school districts of said city at the expiration of the year one thousand eight hundred and fifty-one, shall be placed in the hands of the school trustees of the corresponding wards. The said trustees shall keep correct records of their proceedings, and have the custody of all tlie papers and records relating to their several wards, exeep; the deeds and muniments of title to the real estate held for school purposes, which shall be deposited with the city comptroller. § 17. The term of office of the librarians of the several school districts of the town of Williamsburgh, slmll expire on the first Monday in January, one thousand eiglit hundred and fifty-two ; and the ^chool trustees of each ward shall annually thereafter appoint a librarian. The said trustees shall continue to maintain a public library, which shall be free to all inhabitants of the ward exercising the sume powers in regard to them with which they 366 are now by law invested. The public money designated as " libi'ary money," shall with other public money as provided by section thirteen of this act be paid to the city treasurer ; but so much only of such library money shall be appropriated to the purchase of library books or school apparatus as may be required by the trustees of the several wards and authorized by the school board of finance as jDrovided in section five and section six of this act. § 18. The monies paid or payable under chapter 181, laws of eighteen hundred and forty-four, to the trustees of the several school districts of the said city before the first day of May, eighteen hundred and fifty-two, shall continue to be held and disbursed by them until that time. The said trus- tees shall then render to the city comptroller a full and correct account of their- receipts and disbursments for the previous year, and shall jjay over to the city treasurer any school monies remaining in their hands. § 19. The common council of the city of Williamsburgh shall provide for the payment of loans lawfully made by the several school districts, so far as the same shall not be paid by appropriations made previous to the first day of May, eighteen hundred and fifty-two. And for this purpose they shall have power to add the necessary amount to the annual taxes of said city. § 20. The said common council shall have power to borrow money tem- porarily in anticipation of taxes for school purposes as for other purposes. § 21. The board of assessors for said city for the year eighteen hrmdred and fifty -two shall estimate the value of the real estate of said city held for school purposes in each ward, deducting therefrom the amount of indebted- ness due or chargeable upon such property on the first day of May, eighteen hundred and fifty-two, and shall determine the ratio which said value beare to the whole assessed valuation of the real and personal property in such ward. They shall file with the city comptroller a statement of such value and ratio ; and if such ratio shall vary in the several wards, the common council of said city shall gradually, at their discretion, so discriminate in levy- ing the taxes upon the several wards, that each' shall as near as may be, bear a just proportion according to its assessed valuation of the expenses of the property already purchased and erected for school purposes. § 22. The board of education shall provide for taking an annual census of all the children of the on the thirty-first day of December in each year, between the ages of five and sixteen years inclusive, which enumer- ation with all other information now required by law of school trustees and town superintendents, they shall cause to be forwarded to the state superin- tendent of common schools. The expense of such enumeration shall be paid by then- warrant out of monies appropriated to their use for contingent ex- penses. § 23. For the purposes of all acts which have been or may be passed by the legislature of this state, providing for an equal division of public money among the school districts of this state, the city of Williamsbui-gh shall be deemed to contain as many school districts as school houses. § 24. No officer elected or appointed under tliis act shall receive any eompensation for his services, except the librarian. § 25. Chapter 181, laws of eighteen hundred and forty-four, and all oth- er acts and parts of acts inconsistent with the provisions of this act, are here- by repealed. § 26. This act shall take effect on the first Monday in January, eighteen hxmdred and fifty -two, except as herein otherwise provided. williamsville:. [Laws of 1846, Chap. 119.] § 1. The trustees of the school district at the village of WiUiamsville, in the town of Amherst and county of Erie, are hereby authorized, if the inhab- itants of said district shall at any regular school district meeting so direct to make thereafter, and until the said inhabitants shall in like manner other- 367 ■wise direct, separate and distinct rate bills, for the payment of tlie -wages of the teachers in the primary and higher department of the schools kept in the said district, in such manner to collect on account of scholars attending each department, such balance as may be justly due for the wages of the teacher 01- teachers in that department, after the application to that purpose of such share (5f the public moneys as shall be apportioned to each department by such trustees, by giving to each such proportion of the ■wliole sum applicable to the payment of teachers' wages in both departments, as the number of schol- lars wlio shall have attended such department during the time for which such rate bill is to be made, shall bear to the whole number of scholars attending both of such departments during the same period. INDIAN SCHOOLS. Laws of 1846, Chap. 114; Laws of 1841, Chap. 238. AN ACT to provide for the education of children of the Onondaga Indians in the county of Onondaga, and the children of the other Indians residing in this state. Passed April 80, 1846. The People of the State of New-York, represented in Senate and Assembly, do enact as folloios : § 1. The agent of the Onondaga Indians in the coyoty of Onondaga, ap- pointed under the authority of this state, is hereby authorised, with the con- sent of the chiefs of the said tribe of Onondaga Indians, to cause to be built and fLu-nished a good and sufficient school-house on the Onondaga reserva- tion, at an expense not exceeding three hundred dollars, for the accommoda- tion of the Indian childi'cn residing on such reservation ; and to organize a school therein, and the sum of three hundred dollars is hereby appropriated for the payment of the expense of erecting and furnishing said school-house. § 2. The sum of two hundred and fifty dollars annually is hereby appro- priated for the terra of five years, for the payment of the wages of a teach- er or teachers, and of the other expenses of maintaining such school. § 5, The sums appropriated by the first and second sections of this act shall be paid from time to time to the said agent of the Onondaga Indians on his giving to the people of this state and filing with the state superinten- dent of common schools, a bond with satisfactory sureties, to be approved by such superintendent conditioned for the proper and faithful expenditure of all moneys paid to him, or which shall come into his hands by virtue of this act, and for the rendering to such superintendent annually in the month of October, a just and true account of all his receipts and expenditm-es, under iixQ provisions of this act. § 7. The sum of two hundred and fifty dollars is also hereby appropri- ated for the building and furnishing a school house on the lands of the St. Regis Indians, in this state ; and the further sum of two hundred dollars per year, for the term of five years, is hereby appropriated for the payment of wages of a teacher of the school, to be kept in said school house, and for the payment of the other expenses of said school. The moneys appropriated by this section shall be paid from time to time to the agent of the said St. Regis Indians, on his giving to the people of this state, and filing with the stat« superintendent of common schools, a bond with satisfactory sureties, to be approved by such superintendent, conditioned for the proper and faithful ex- penditure within this state, of all moneys paid to him, and which shall come into his hands by virtue of this act, and for rendering to the said superin- tendent annually, in the month of October, a just and true account of aU his receipts and expenditures by virtue of this act. § 8. The sums hereby appropriated shall be paid out of the income of the United States deposit fund ; and the last two of the several annual pay- ments herein provided for, shall not be paid for the Indians residing on either 368 of the said reservations, unless the Indians on such resei'Tation shall, befora such payment in each year, pay into the hands of the persons authorised to receive and expend the moneys appropriated by this act, at least twenty per cent, of the sum authorised to be paid annually for the maintenance of the school on such reservation ; nor shall any of the said annual payments ex- cept the first, be made unless the state superintendent of common* schools shall have satisfactory evidence that a school has been kept in said school house for the term of at least six months during the preceding year ; such twenty per cent, shall be expended by such commissioner for the support and maintenance of the school or schools on the reservation, occupied by the Indians paying the same. § 9. The schools organized and established by virtue of this act, shall be subject to the visitation and inspection of the superintendent of common schools of the town and county where the same shall be situated. AN ACT mahing appropriations for building and furnishing school houses^ and providing for the education of the children of Indians, residing on the Cattaraugus and Allegany reservations. ^ Passed May 7, 184Y, "thi-ee-fifths being present" The People of the State of Neto York, represented in Senate and Assembly, do enact as follows : § 1. The sum of three hundred dollars is hereby appropriated for the baildiug and furnishing a school house on the Cattaragus reservation, and the like sum of three hundred dollars is hereby appropriated for the building and furnishing a school house on the Allegany reservation ; such school houses to be for use, accommodation and education of the Indian children residing on the said reservations. 6 3. The sums appropriated by this act. and all appropriations made, or "that hereafter may be made for the education of the children of Indians residing on the Cattaraugus and Allegany reservations, shall be paid out of the income of the United States deposite fund, to Chester How, or his sue cesser, on his executing to the people of this state, and filing with the super- intendent of common schools, a bond in the penalty of two thousand dollars, with such sureties as shall be approved by the said superintendent, con- ditioned for the faithful expenditm-e of, and accounting for all moneys which ahall be received by him under this act ; and he shall, annually, in the month of October, render an account to the comptroller, of all receipts and expen- ditures by him. S 4. The appropriations made for tlie education of Indian children re* siding on said reservations, for eighteen hundred and forty-eight, and there- after, shall not be expended by the said commissioner, until the chiefs of the Indians residing on said reservations shall pay to the said commissioner, twenty per cent, of the sums so appropriated, respectively, in each year, to be applied by him to the maintenance of the said schools ; nor shall the sums so appropriated be paid to the said commissioner unless the superin- tendent of common schools shall have satisfactory evidence that schools have been kept on the said reservations, respectively, for at least six months during the preceding year. 8 5. In case the said Chester Howe shall decline to accept the trust here- bv conferred, or to execute the bond hereby required, or in ca.se of his death, iiiability or resignation, the comptroller of this state may appoint some fit and proper person or persons to supply such vacancy, who, upon executing tlie bond herein required, shall be entitled to i-eceive and expend the moneys hereby appropriated, and shall account for the same in the manner and upon the" conditions herein provided. 8 6. The schools established under this act, shall be subject to the visitation and inspection of the county and toAvn superintendents of common schoolsj of the county and town in which they shall be kept. XOTiap. 164, Laws of 1831, Revived by Chap. 39, Laws of 1848.] Alf ACT for the relief of the Shinecock tribe of Indians. Passed April 19, 1831. § 1. The supei-intendent of common schools shall in every year hereafter ■apportioa from school moneys, the sum of eighty dollars in addition to the amount to which the county of Suffolk is now entitled by law, which sum shall be paid on the first day of February in every year on the warrant of the comptroller to the treasurer of said county. § 2. The treasurer of said county shall apply for and receive the said sum as soon as the same becomes payable, and shall hold the same subject to the order of the town superintendent of common schools of the town of Southampton, whose duty it shall be to receive and expend the same in the payment of the wages of a competent school teacher or teachers, to be by them employed in instructing the children between the ages of five and six- teen years, belonging to the Shinecock tribe of Indians residing in said town. § 3. The said town superintendent shall hereafter include in the annual report, a statement of the length of time that a school has been taught in pursuance of this act ; the number of children taught in said school; the manner in which such moneys have been expended ; and whether any and how much remains unexpended, and for what cause, and shall pay such bal- fl,nce3 if any, to their successors in office, to be by them expended as herein before provided. ILaws of 1851, Chap. 243.] AN" ACT to provide for the education of the children of the Tuscarora In- dians, in the county of Niagara. Passed June 20, 1851, " three-fifths being present." The People of the State of New- York, represented in Senate and Assembly, do enact as follows : § 1. The sum of two hundred dollars a year, for the term of two years is hereby appropriated for the support of a school or schools to be kept for the •education of the children of the Tuscarora Indians, on the Tuscarora Reser- vation, in the county of Niagara. § 2. The sum appropriated by first section of this act shall be paid by the treasurer on the warrant of the Comptroller, as the same may from time to time be wanted, out of the income of the United States Deposite Fund to William Mount Pleasant, on his executing and giving to the people of this State and filing with the Superintendent of common schools a bond with satisfactory sureties, to be approved by the county Judge of the county of Niagara, by an endorsement of such approval upon said bond, conditioned for the faithful expenditure of all moneys paid to Iiim, or which shall come into his hands by virtue of this act and for rendering to said superintenden annually in the month of October, a just and true account of all his receipts and disbursements by virtue of this act. § 3. It shall be the duty of the said William Mount Pleasant to whom the money is from time to time paid by virtue of this act, to expend the same in the payment of teachers for the education of the children of the Indians on the Reservation aforesaid. [Laics of 1851, Chap. 361.] AN ACT to provide for the education of the children of the Tonawanda In- dians in the county of Genesee. Passed July 1, 1851. "by a two-third vote." The Peoph of the State of New York represented in Senate and Assembly, do enact as folloiv.'i : § 1. The sum of two himdred dollars a year,for two years, is hereby appro- priated for the support of a school or schools to be k«pt lor the education of 24 ^iim^LA iu 370 the cMdren of tte Tonawanda Indians, on tlie Tonat?^attda rfesef^ation, ill the county of Genesee. § 2. The sum appropriated by the first section of this act shall be paid by the treasurer, on the warrant of the comptroller, as the same may from time to time be wanted, out of the income of the United States deposite fund, to William Parker, on his executing and giving to the people of this state and filing with the superintendent of common schools a bond with satisfactory sureties, to be approved by the county judge, of the county of Genesee, by an endorsement of such approval upon said bond, conditioned for the faithful expenditure of all moneys paid to him, or which shall come into his hands by vu'tue of this act, and for rendering to said superintendent annu- ally, of the month of October, a just and ti'ue account of all liis receipts and disbursements by virtue of 4,his act. § 3. It shall be the duty of the said William Parker, to whom the mon- ey is from time to time paid by virtue of this act, to expend the same in the payment of teachers for the education of the children of the Indians on the reservation aforesaid. § 4. This act shall take effect immediately. DISTRICT SCHOOL JOURNAL. [Laws of 1841 Chap. 2G0, as amended by% 11 of Chap. 132, Laws of 1843.] § 82. The superintendent of common schools, from year to year, shall be authorised to subscribe for so many copies of any periodical published at least monthly in this state, exclusively devoted to the cause of education^ and not partaking of a sectarian or party character, as shall be sufficient to supply one copy to each organized school district in the state ; in which pe- riodical, the statutes relating to common schools, passed at the present, or any futm'e session of the Legislature, and the general regulations and decis- ions of the superintendent made pursuant to any law, shall be published gratuituously. The said periodical shall be sent to the clerk of each dis- trict, whose duty it shall be to cause each volume to be bound, at the ex- pense of the district, and the same shall be preserved in the district hbrary for the use of the district. The expense of said subscription, not exceeding twenty-eight hundred dollars annually, shall be paid out of the surplus in- come arising from the moneys deposited with this state, by the United States. STATE NORMAL SCHOOL. [Laws of 1844, Chap. 31L] AN ACT for the establishment of a Normal School. Passed May 7, 1844, The People of the State of New York represented in Senate and Assembly do enact as follows: § 1. The treasurer shall pay on the wan-ant of the comptroller, to the order of the superintendent of common schools from that portion of tlie avails of the hterature fund appropriated by chapter two hundred and forty ■ one of the laws of one thousand eight hundred and thirty -four, to the sup- port of academical departments for the instruction of teachers of common schools, the sum of nine thousand six hundred dollars ; which sum shall be expended under the direction of the superintendent of common schools, and the regents of the university, in the establishment and support of a normal school for the instruction and practice of teachers of common schools in the science of education and in the art of teaching, to be located in the county of Albany. 371 § 2. The sum of ten thousand dollars shall, after the present year, be annually paid by the treasurer on the warrant of the comptroller, to the superintendent of common schools, from the revenue of the literature fund, for the maintenance and support of the school so established, for five years, and until otherwise directed by law. § 3. The said school shall be under the supervision, management and government of the superintendent of common schools and the regents of the university. The said superintendent and regents shall from time to time, make all needful rules and regulations, to fix the number and compensation of teachers and others to be employed therein, to prescribe the preliminary ex- amination and the terms and conditions on which pupils shall be received and instructed therein, the number of pupils from the respective cities and coun- ties, conforming as nearly as may be to the ratio of population, to fix the lo- cation of the said school, and the terms and conditions on which the grounds and buildings therefor sliali be rented, if the same shTall nofr"be provided by the corporation of the city of Albany, and to provide in all things for the good government and management of the said school. They shall appoint a board consisting of five persons, of whom the said superintendent shall be one, who shall constitute an executive committee for the care, management and government of the said school under the rules and regulations prescrib- ed as aforesaid, whose duty it shall be from time to time to make full and detailed reports to the said superintendent and regents, and among other things to recommend the rules and regulations which they deem necessary and proper for the said school. § 4. The superintendent and regents shall annually transmit to the legis- lature a full account of their proceedings and expenditures of money under this act, together with a detailed report by said executive committee of the progi-ess, condition and prospects of the school. [Laws of 1850, Chap. 89.] § 1.^ The treasm-er shall pay on the warrant of the comptroller to the order of the state superintendent of common schools, from the general fund, a sum not exceeding one thousand dollars per year for the support and edu- cation of ten Indian youth in the State Normal School. § 2. The selection of such youth shall be made by the state superinten- dent of common schools from the sevei'al Indian tribes located within the state; and in making such selection, due regard shall be had to a just par- ticipation in the privileges of tliis act by each of tlie said several tribes, and if practicable, reference shall also be had to the population of each of said tribes in determining such selection. § 3. Such youths shall not be under sixteen years of age, nor shall any of such youths be supported or educated at said Normal School for a period ex- ceeding tbree years. § 4. The executive committee of the State Normal School shall be the guardians of such Indian youths, during the period of their connection with the school, and shall pay then necessary expenses, not exceeding one hundred dollars per year for each pupil to be defrayed out of the money appropri- ated by the first section of this act. § 5. The Indian pupils selected in pursuance of this act, and attending said Normal School, shall enjoy the same privileges of every kind, as the other pupils attending said school, including the payment of travelling ex- penses, not exceed.ng ten dollars to each pupil. m TEACHERS' INSTITUTES. [Laws of 1841, Chap. 361.] AN ACT for the establishment of teachers' institutes. Passed November 13, 1841, "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows : § 1. The treasurer shall pay, on the waj-rant of the comptroller, to the order of the several county treasurers of this state, the several sums of mon- ey hereinafter mentioned, not exceeding sixty dollars annually to any one county, from the income of the United States deposite fund, to be expended for the use and benefit of teachers' institutes as hereinafter provided. 8 2. Whenever a majority of town superintendents of common schools in any county in this state unite in a recommendation, and file with the county clerk thereof a certificate, signifying their desire that a teacher's in- stitute should be organized in such county, for the instruetfon and improve- ment of common school teachers for such county, it shall thereupon be the duty of such clerk forthwith to appoint three town superintendents of the county, and notify them of their appointment, to constitute an advisory com- mittee, to make the necessary arrangements for organizing and managing such institute, and such clerk shall also immediately give such pubUe notice in such manner as he may deem most proper to the teachers of common schools of the county, and to others who may desire to become such, specify- ing a time and place when and where the teachers may meet and form such institute. S 3. Whenever any institute shall have been organized as herein provid- ed, it shall be the duty of said committee, and they shall have power to se- cm-e two or more suitable persons to lecture before such institute upon sub- jects pertaining to common school teaching and discipline, and varigus edu- cational subjects which may be deemed calculated to qualify common school teachers, and to elevate the profession of teaching and to improve common schools • and said committee shall keep an accurate account in items, of the necessary expenses of such institute in procuring said lecturers, and other- wise, and shall verify said account by affidavit, and deliver the sam4 to the county treasurer, to be audited by and filed with him wlien application shall be made to such treasurer, as hereinafter provided. _ § 4. Whenever any county treasurer shall receive satisfactory evidence that not less than fifty, or in counties of under thirty thousand population, then not less than thirty teachers and individuals intending to become teach- ers of common schools within one year, shall have been in regular attendance on the instructions and lectures of the institute in the county during at least ten working days, he shall audit and allow the account which shall be pre- sented to him by the committee as aforesaid, and shall pay over to said com- mittee the amount so audi^ted and allowed, not exceeding sixty dollars in any one year, to be disbursed by said committee in paying the expenses in- curred by the institute as aforesaid. 8 5. Every such comnaittee shall annually transmit to the state superin- tendent of common schools, a catalogue of the names of all persons who shall have attended such institute, with such other statistical information and within such time as may be prescribed by said state superintendent. 8 6. This act shall take effect immediately. 373 LIBRARY MONEYS. [Laws 0/1851. Chap. 425 .] AN" ACT to amend the act entitled, "An act to establish free schools through- out the State." Passed July 9, 1851. The People of the State of Neio-York, represented in Senate and Assembly, do enact as follows : § I. The Act entitled, "An act to establish free schools throughout the State," passed April 12, 1851, shall not be so construed as to prevent or pro- hibit the distribution and application of library money, in the manner hereto- fore prescribed by law. § 2. Nothing in this act contained, shall be so construed as to require the board of supervisors of each countJ^ to raise a sum of money for library pur- poses, equal to the sum which it will receive from the state. § 3. This act shall take efiect immediately. WEBSTER'S DICTIONARY. [Laws 0/1851. Chap. 449.] AN ACT to authorize the Superintendent of Common Schools to purchase Webster's Unabridged Dictionary for the Common School Districts of this State. , Passed July 9, 1851. The People of the State of New-Yorlc, represented in Senate and Assembly, do enact as follows : § 1, The state superintendent of common schools shall cause notice to be given, by circular, to one or more of the trustees of the several school districts in this state, on or before the first day of December next, which circular shall state the terms, and the funds out of which the same is to be paid ; that Web- sters Unabridged Dictionary will be purchased by him, for each of the school districts in this state, entitled to participate in the distribution of public mon- eys for the support of common schools : provided such district shall notify the town superintendent of common schools of their respective towns, in writing, to be signed by a majority of the trustees of any school district that said Dic- tionary is wanted by the district giving such notice : such notice to be deliver- ed to such town superintendent before the fiiscday of January next. § 2. The town superintendent of common schools in each of the towns in this state, shall, on or before the fifteenth day of January next, make out and deliver to the county clerk, a complete list of all the school districts in their several towns : stating the number of such districts, and shall annex to the number of each desiring to purchase Webster's Unabridged Dictionary, that such district desires to purchase said dictionary, and shall file a copy of such list in the office of the ti.wn clerk of their respective towns, on or before the fifteenth day of January next. § 3. The county clerk of each of the several counties of this State, shall transmit such lists on or before the first day of February next, to the state superintendent of common schools. § 4. The state superintendent of common schools is authorized to pur- chase of the publishers of Webster's Quarto Unabridged Dictiouary, such number of said work as shall be sufficient to supply all the said school dis- tricts in the state which shall be found reported upon such lists as desire to purchase the same ; such Dictionaries shall be the latest edition of Web- ster's Quarto Unabridged Dictionary, print ed on superior paper, well bound 374 in leather, and in all respects perfect ; the price to be paid shall not exceed four dollars per volome ; and shall be paid for out of the public monies which shall be apportioned to the several school districts of the state for which the same shall be purchased, one half thereof in the yeai- 1852 and one half thereof in the year 1853, and the contract for such purchase of the said pub- lishers shall provide for such terms of payment, and the number of Diction- aries so purchased shall be delivered to the state superintendent of common schools, before the first day of April, 1852, and shall be by him delivered to the town superintendent of common schools of the respective towns, before the first day of May, 1852. § 5. The said town superintendent shall deliver such Dictionary to the trustees of each of the said several districts in their respective towns for which they shall be purchased as soon thereafter as shall be practicable, and shall retain in his hands the sum of two dollars out of the library monies apportioned to such districts in the year eighteen hundred and fifty-two, and such sum out of the library monies, to be apportioned to such district in the year eighteen hundred and fifty -three, as shall be sufficient to pay the balance of the purchase price of such Dictionary, not exceeding the sum of two dol- lars, and shall deposite the same immediately thereafter with the treasurer of their respective counties, and take a receipt for the same and deliver such receipt to the county clerk of their respective counties, to be forwarded by such county clerk to the state superintendent of common schools. § 6. The monies so deposited with the treasurers of the respective coun- ties shall be subject to the order of the state superintendent of common schools, and shall be by him received and paid to the publishers of said Dic- tionaries upon his contract for the same. § 1. Such dictionary shall be kept in the libraries of the librarians of the several school districts of this state, during the time there shall be no school taught in said district, and subject to the same rules that are apphcable to other books in school district hbraries ; and during the time a school shall be taught therein the said dictionary shall be under the control of the teach- er for the time being, and be kept and used in said school. PROCEEDINGS OF SCHOOL DISTRICTS UNDER ACT OF 1849. [Laws of 1S51. Chap. 500.] AN ACT to legalize the acts of the several School Districts of the State, providing for the support of Common Schools. Passed July 10, 1851. The People of the State of Hew YorJc, represented in Senate and Assembly do enact as follows : § 1 All the acts of the several school districts of this state, providing for the raising of moneys by tax, for the support of common schools therein, during the years, one thousand eight hundred and forty -nine, one thousand eight hun- dred and fifty, and prior to the first day of May, one thousand eight hundred and fifty-one ; and all the acts of the trustees of said districts, providing for the raising of moneys by tax, for the support of common schools in said dis- tricts, for the term of four months during each of said years, prior to the first day of May, 1851, so far as the same are in accordance with the act of March 26, 1849, entitled "An act establishing free schools throughout the state," and the acts amendatory thereof, are hereby declared legal and valid. § 2. Nothing in this act shall be construed to affect any suits which have been commenced against any trustee, or other ofiicers of said districts, during said years, nor affect or impair any rights of action noW existing. § 3. This act shall take effect immediately. 375 ERRATUM. Page 342, Paragraph VII " Annual Report of Trustees," in the 4th Hne substitute "§ lie,' (No. 186") for "§ 115, (No. 137") In Subdivisions 3 and 4 of same head strike out the words " the name and age of each child," so as to make the same conformable to the lawat page 122. TO TRUSTEES AND TOWN SUPERINTENDENTS. This volume is to be regarded as the property of the district or town to which it is sent, and of the Trustees or Town Superintend- ent in their official capacity : and is to be delivered, at the expi- ration of their official term, to their successors in office. When not required for present use by the trustees, it should be deposited with Ahe District Clerk. THE END. INDEX ACADEMY. Children attending, ■where to be enumerated by trustees of districts, 24S. ACCOUNT BOOKS. Por receipts and disbursements of trustees, and property of districts, ■when and how to be procured, , 120, 199». ADMINISTRATORS. — See Executors and Administrators. AGENT. Land occupied by, when taxable to non-resident owner, 212. ALBANY, City of. Laws respecting common schools in, ;« 2*79. ALIENS. Qualifications of, as voters at school district meetings, 110, 19S. ALLEGANY AND CATTARAUGUS RESERVATIONS. Act to provide for the education of Indian children on, 868. ALTERATION OP SCHOOL DISTRICTS— See School Districts. When to take effect, when made without consent of trustees, 108. 143. Not to be made to take effect between the 1st of Dec. and May,.... 108, 14S. Consent of trustees to, when and- how to be given and notice to, 108, 143, 144. General principles applicable to, 148. In joint school districts, how to be made, 108, 146, 14*7, 148, 183, 184. AMHERST.— See Williamsville. ANNUAL MEETINGS. Time and place of holding, when and how to be fixed,... Ill, 112, ITS, 1*79. Special annual meeting, when to be held, Ill, 112, 1*78, 201. Proceedings of not to be invalidated by want of due notice ,. 114 Pages Penalty for refusal to serve, or neglect of official duty....... 114.. Resignations of, how and to -whom to be made and notice of, 114. Provision for costs and expenses in. suits brought by and against,.... 128, 129, 169, 254. May be removed by state superintendent for embezzlement of pub- lic money or wilful negleet of official duty 131, 166,248. C!opies of School Laws, forms and instructions to be la-ansmitted to, 131.. Should be separately chosen by baUol, 191- G-eneral principles of law in reference to suits brought against,. . 250 to 255. Karnes of to be reported by district clerk to town clerk 259.. ONONDAGA TRIBE OF INDIANS. Act to provide for the education of the children of, SSt. ORPHAN ASYLUMS. Children supported at, not to be included in returns of trustees,. . 122.^ OSWEGO. Provisions in relation to schools in the city of, '... .•• 829i OVERSEERS OF THE POOR. Provisions relative to moneys in. the hands of, 134, 135,. Ml, 161. OWEGO. Provision in reference to rate-bills for teachers' wages in district No. 1, in village of, • • 316. P. PENALTIES AND FOR.FEITURES. Duty of the town superintendent in the collection and application of, 102, 161., For neglect by town superintendent in making annual report, 105, 166. For refusal of taxable inhabitants to serve notices for first meeting in a district, ^^^'- For wilfuUy making false declaration of right to vote, on challenge, 110. For voting without the requisite qualifications, 110. For refusal to serve, or neglect of official duties by officers of school districts, l^** For negleet or refusal of district clerk to preserve records, books and papers'and to deliver the same to his successor, 115» For neglect of duty of district collector, in the collection of taxes, 120. To be sued for, recovered and applied by trustees of districts, 120. For false report by trustees of districts, to town superintendents, 123, 248. For refusal or neglect of trustees annually to account and pay overbalance in their hands, • 124, 249. For refusal or neglect of county clerk to make annnal report to state superintendent, 127' For wilful neglect of official duty by town superiiitendents or offi- aers of school districts^ • 128, 168, 248. Per wilful disturbauoe, interruption, or disquiet of district schools, 130,^56* 391 Page. PLANK ROAD CORPORATION. Liability of to taxation for school district piu'poses, and valuation of property, how to be ascertained, 206,207. POOR HOUSE.— See Oounty Poor House. POUGHKEEPSIE. Act to establish free schools in the Tillage of, 830. PROPERTY OF SCHOOL DISTRICTS.— See >ScAo«/ Hrnue, Bite of School House, District Library. Disposition of, on consolidation of two or more districts, 109, 145, 146. Sale and application of, on annulment of district by town supt 109, 145, 146. Blank Books to be procured by trustees for keeping account of, (fee, 120, 199. PUBLIC MONEY.— See School Money. ^ QUALIFICATION OF TEACHERS. State Certificates of, from superintendent, 96. How ascertained and certified by town superintendents 107, 164 to 160. QUALIFICATION OF VOTERS. In school district meetings, 110,193. R. RAIL ROAD COMPANIES. Liability of to taxation for school district purposes, 206. RATE BILLS. Trustees of dissolved districts to make out for discharge of legal liabilities, 109. To be made out by trustees for teachers' wages ; what to con- tain, 93, 116, 224 to 230. To be delivered to and executed by the collector, 116, 218. Powers and duties of collector in execution of warrants for col- lection of, 93, 116, 218. Deficiencies in amoimt collected by, how to be raised, 116. Property exempt from levy and sale on warrants for collection of, 93, 117. Warrants for collection of, how to be issued ; eflfect of and when and how renewable, 121, 218,219. Trustees authorized to prosecute non-residents for non-payment of, 121, 249. Errors in, how to be corrected, 121,^202. Form of assessment, rate-bill and warrant, 226,227. Special provision in reference to in Lodi and Owego, 816. do do do do WiUiamsviUe, 866. RECONSIDERATION OP VOTES. When authorized in general, Ill, 194. On levying tax for building school house by instalments, 118. REDUCTION. In the valuation of taxable property ftom last assessment roll of town, how claimed and when to be allowed, 119, 209,210. 392 EELIGIOUS EXERCISES Ilf SCHOOLS. Directions respecting 2*73. RENEWAL OF WARRAJSTTS. When and how to be made, 121, 168,219. RENTS RESERVED. On leases in fee, for life or years, liability of to taxation for district purposes^ 20T. REPAIRS TO SCHOOL HOUSE. Powers and duties of trustees in reference to, 115, 116, 220. RESIDENCE. What constitutes, for the purpose of enumeration by trustees of districts,..^. 244. RESIGNATIONS. Of oflBcers of school districts, how and to whom to be made and notice of, 114:- ROCHESTER. Acts relative to schools in the city of, .♦. 332. s. SALEM. Act relative to schools in the village of, 33T. SAW MILL. Liability of to taxation, 212. SCHENECTADY. Provisions relative to schools in the city of, 343 to 345. SCHOOLS. Penalties for wilful disturbance, inten-uption or disquiet of,.' 130, 256. For colored children, provisions for, 180,131,152, 230,255. SCHOOL APPARATUS. Taxes authorized to be levied for purchase of, Ill, 180,181. When Library money may be applied to purchase of, 125, 151,182. SCHOOL CELEBRATIONS. Circulai- of Superintendent Yates respecting 22,23. SCHOOL DISTRICTS. Apportionment of public money and state tax, to 92, 9T, 98- Duty of the town superintendent in the formation and alter- ation of, 102. 142, 143.144. Consent of trustees when and how to be given, and notice to, 108, 143, 144. In what cases money to be apportioned to, where the annual re- port is not in conformity to law, 103, 104,153. Supervisor and town clerk, in what cases to be associated with town superintendent in the formation or alteration of, 108, 143. Formation and alteration of in joint districts, by whom to be made, 108. Effect of consolidation of, on rights of property, ; • 108, 145, 146. Sale of property of, on annulment of, and application of proceeds by town superintendent, ■. 109, 145, 146' 393 p«r- I>ut5r of town superintendent on the formation of, 109,144. Notice of formation of, and of time and place of first meeting, how and by whom to be given 109, 110,144. Qualifications of voters in 110,193. Appeals to state superintendent from proceedings in the formation or alteration of, 124, 215 to 2T8. Penalties and forfeitures for disturbing, interrupting or disquieting any district school or assemblage, 130. General principles applicable to formation and alteration of, 148. Must be composed of contiguous territory, 148. Formed by state superintendent on appeal, 169. Form of resolution for formation and alteration of, Ill, 173, 114, Acts of under act of 1849, legalized, 314. SCHOOL FUND.— See School Moneys. Capital and apportionment of, 138, 139,140. SCHOOL HOUSES.— See Sites for School Houses. Not to be erected on the division-lines of towns, 101, 108. Sites for, when and how to be designated, 111,180, 181,186. Taxes for building, hiring or purchasing, tfec, authorized to be levied, 111,180,181, 186, 181. Taxes for -