GENERAL SCHOOL LAWS WXii STATE OF NEW YORK. PKEPARED BY THE SUPERIiNTENDENT OF PUBLIC mSTRUCTION PuESTJANT TO Chapter 252, Laws of 1878. • ALBANY. WEED, PARSONS AND COMPANY, PRINTERS. 1878. /27S \ 9i \ i i SCHOOL LAW. CHAP. 555. AN AOT to revise and consolidate the General Acts relating to Public Instruction. Passed May 2, 1864; three-fifths being present. Tlie People of the State of New Yor% rejpresenUd m Senate and Assembly, do enact as follotvs: TITLE I. OF THE SUPEEINTENDENT OE PUBLIC rNSTEUOTION, KES ELECTIOlSr AND GENEEAL POWEES AND DUTIES. Section 1. The office of state superintendent of pub- state super- lie instruction is continued, and the term of said office hisTiectlok shall be three years, commencing on a day after an omce!™**^ election thereto, and continuing until a successor shall have been duly elected. Such superintendent shall be elected by joint ballot of the senate and assembly, on the first Tuesday of April, one thousand eight hundred and sixty-five, and on the first Tues- day of April next after the occurrence of any vacancy in the office. ACT RELATING TO Deputy superin- tendent. Vacancy. Office in state hall. Salary. Clerk hire. Seal. Superin- tendent's ex-officio duties. § 2. He shall appoint a deputy ; and, in case of a vacancy in the office of superintendent, the deputy may perform all the duties of the office until the day after the day hereinbefore fixed for an election by the senate and assembly. In case the office of both superintendent and deputy shall be vacant, the gov- ernor shall appoint some person to fill the office, until the superintendent shall be elected and assume it. § 3. The superintendent's office shall continue to be in the state hall, and maintained at the expense of the state. "^1 4. His salary shall be five thousand dollars a year, payable quarterly, by the treasurer, on the warrant of the comptroller. t§ 5. He may appoint as many clerks as he may deem necessary, but the compensation of such clerks shall not exceed in the aggregate the sum of nine thousand dollars in any one year, and shall be pay- able monthly by the treasurer, on the warrant of the comptroller, and the certificate of the superin- tendent. § 6. The seal of the superintendent, of which a description and impression are now on file in the of- fice of the secretary of state, shall continue to be his official seal, and when necessary may be renewed from time to time. Copies of all papers deposited or filed in the superintendent's office, and of all acts, orders and decisions made by him, and of the drafts or machine copies of his official letters, may be authenticated under the said seal, and when so au- thenticated, shall be evidence equally with and in like manner as the originals. :}:§ 7. The superintendent shall be ex-officio a trus- tee of Cornell University and of the New York State Asylum for Idiots, and a Regent of the Uni- versity of the State of New York. He shall also have general supervision over the State normal schools at Brockport, Bufialo, Cortland, Fredonia, Geneseo, Oswego and Potsdam, and over any other State normal schools which may hereafter be estab- lished ; and he shall provide for the education of * As amended by sec. 1, chap. 567, Laws of 1875. + As amended by sec. 3, chap. 567, Laws of 1875. $ As amended by sec. 3, chap. 567, Laws of 1875. PUBLIC INSTEUOTION. ' 5 the Indian children of the state, as required by chapter seventy- one of the laws of eighteen hundred and fifty-six. § 8. The institution for the instruction of the deaf f°f L*"A*o"^ and dumb, the New York institution for the blind, and dumb, and all other similar institutions, incorporated, or ^^^'^^' ®*°" that may be hereafter incorporated, shall be subject to the visitation of the superintendent of public instruction, and it shall be his duty : 1. To inquire, from time to time, into the expendi- tures of each institution, and the systems of instruc- tion pursued therein, respectively. 2. To visit and inspect the schools belonging thereto, and the lodgings and accommodations of the pupils. 3. To ascertain, by a comparison with other sim- ilar institutions, whether any improvements in in- struction and discipline can be made ; and for that purpose to appoint, from time to time, suitable per- sons to visit the schools. 4. To suggest to the directors of such institution and to the legislature such improvements as he shall judge expedient. 5. To make an annual report to the legislature on ^"Pf"^\ all the matters before enumerated, and particularly report\n-° as to the condition of the schools, the improvement '^^^"y- of the pupils, and their treatment in respect to board and lodging. *§ 9. All deaf and dumb persons resident in this Jl^ggfon state, between the ages of twelve and twenty -five "^ years, whose parent or parents, or, if an orphan, whose nearest friend shall have been resident in this state for three years immediately preceding the ap- plication, shall be eligible to appointment as state pupils, in one of the deaf and dumb institutions of this state, authorized by law to receive such pupils ; and all blind persons of suitable age and similar qualifications shall be eligible to appointment to the institutions for the blind in the city of New York, or in the village of Batavia, as follows : All such as are residents of the counties of New York, Kings, Queens, Suffolk and Richmond, shall be sent to the *As amended by sec. i, chap. 567, Laws of 1875. 6 ACT RELATING TO institution for the blind in the city of New York ; those who reside in other counties of the state shall be sent to the institution for the blind in the village of Batavia. All such appointments with the ex- ception of those to the institution for the blind in the village of Batavia shall be made by the super- intendent of public instruction upon application, and in those cases in which, in his opinion, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of the expense of educating and clothing such pupils shall be paid by their parents, guardians or friends, in such man- ner and at such times as the superintendent shall des- ignate, which conditions he may modify from time to time, if he shall deem it expedient to do so. state pu- § 10. Each pupil so received into either of the institu- commoda- tious aforesaid shall be provided with board, lodging pensatfo^' ^^^ tuitiou ; and the directors of the institution shall etc. ' receive for each pupil so provided for, the sum of dollars per annum, in quarterly payments, to be paid by the treasurer of the state, on the war- rant of the comptroller, to the treasurer of said in- stitution, on his presenting a bill showing the actual time and number of such pupils attending the insti- tution, and which bill shall be signed by the presi- dent and secretary of the institution, and verified by Term of in- their oaths. The regular term of instruction for such pupils shall be five years ; but the superintend- ent of public instruction may, in his discretion, extend the term of any pupil for a period not ex- ceeding three years. The pupils provided for in this and the preceding section of this title shall be designated state pupils ; and all the existing pro- visions of law applicable to state pupils now in said institutions shall apply to pupils herein provided for. § 11. The superintendent of public instruction may make such regulations and give such directions to parents and guardians, in relation to the admis- sion of pupils into either of the above named insti- tutions, as will prevent pupils entering the same at irregular periods. Btruction. PUBLIC INSTEUCTION. 7 § 12. The superintendent may, in his discretion, school appoint persons to visit and examine all or any of ^'^'*°^' the common schools in the county wherein such per- sons reside, and to report to him all such matters respecting their condition and management, and the means of improving them, as he shall prescribe ; but no allowance or compensation shall be made to such visitors for their services or expenses. § 13. So often as he can, consistently with his f^Pf^jj^J'^o other duties, he shall visit such of the common schools visit the of the state as he shall see fit, and inquire into their Sois^ course of instruction, management and discipline, and advise and encourage the pupils, teachers and officers thereof. 8 14. He shall submit to the legislature an annual Annual " , , . . '^ report. report containing : 1. A statement of the condition of the common schools of the state, and of all other schools and institutions under his supervision, and subject to his visitation as superintendent. 2. Estimates and accounts of expenditures of the school moneys, and a statement of the apportion- ment of school moneys made by him. 3. All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advancement of public instruc- tion in the state, as he shall deem expedient. *§ 15. He may grant under his hand and seal of J^*!^^®""- office a certificate of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be conclusive evidence that the per- son to whom it was granted was qualified by moral character, learning and ability, to teach any com- mon school in the state. Such certificate may be granted to him only upon examination. He shall determine the manner in which such examination shall be conducted, and may designate proper per- sons to conduct the same, and report the result to him. He may also appoint times and places for holding such' examinations, at least once in each year, and cause due notice thereof to be given. He may also issue temporary licenses to teach, limited *As amended by sec. 5, chap. 567, Laws of 1875. ACT RELATING TO May annul certifi- cates. Lists of Eersons olding state cer- tificates and nor- mal school diplomas. Superin- tendent may re- move school commis- sioners. Shall pre- pare regis- ters, blanks, etc. to any scliool commissioner district or scliool district; and for a period not exceeding six months, when- ever, in his judgment, it may be necessary or expe- dient for him to do so. § 16. Upon cause shown to his satisfaction, he may annul any certificate of qualification granted to a teacher by a school commissioner, or declare any diploma issued by the state normal school ineffective and null as a qualification to teach a common school within this state, and he may reconsider and reverse his action in any such matter. § 17. He shall prepare and keep in his office alpha- betical lists of all persons who have received or shall receive, certificates of qualification from himself, or diplomas of the state normal school, with the dates thereof, and shall note thereon all annulments and reversals of such certificates and diplomas, with the date and causes thereof, together with such other particulars as he may deem expedient. § 18. Whenever it shall be proven, to his satisfac- tion, that any school commissioner, or other school officer, has been guilty of any willful violation or neglect of duty under this act, or any other act per- taining to common schools, or of willfully disobeying any decision, order or regulation of the superintend- ent, the superintendent may, by an order under his hand and seal, which order shall be recorded in his office, remove such school commissioner or oth^r school officer from his office. § 19. He shall prepare suitable registers, blanks, forms and regulations for making all reports and con- ducting all necessary business under this act, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school offi- cers, to be transmitted to the officers and persons intrusted with the execution of the same. commis- sioners. PUBLIC INSTEUCTION. TITLE 11. OF THE SCHOOL COMMISSIONERS, THEIR ELECTION, * POWERS AND DUTIES. Section 1. The office of school commissioner is school continued, and the present incumbents shall con- tinue in office in their respective districts, for the residue of the terms for which they were elected or appointed. § 2. The districts as organized under existing laws school and as recognized in the election of school commis- skm^s^dis- sioners at the annual election in eighteen hundred t'^icts. and sixty-three, shall continue to be held and re- garded as the school commissioner districts in this state, except as the same shall be altered or modi- fied by the legislature. *§ 3. The school commissioner for each school How commissioner district shall be elected by the electors ®^®°*®'^ thereof, by separate ballot, at the general election in the year one thousand eight hundred and sixty-six, and triennial ly thereafter, and the ballots shall be indorsed "school commissioner." The laws regulat- ing the election of and canvassing the votes for county officers shall apply to such elections. And it county shall further be the duty of county clerks, and they cSy to are hereby required, as soon as they shall have offi- tg^lg'^f cial notice of the election or appointment of a school commissioner, for any district in their county, to forward to the superintendent of public instruction a duplicate certificate of such election or appointment attested by their signature and the seal of the county. § 4. The term of office of such commissioner shall Term of commence on the first day of January next after his °®°® election, and shall be for three years, and until his successor qualifies. Every person elected to the oathof office, or appointed to fill a vacancy, must take the office, oath of office prescribed by the constitution, before the county clerk, or a judge of a court of record, *As amended by sec. 1, chap 406, Laws of 1867. 10 ACT EELATING TO and file it with the county clerk, within ten days after the commencement of the term, or after notice of his appointment ; and if he omit so to do, the office shall be deemed vacant, commis- § 5. A commissioner may, at any time, vacate his ?Sn.™^'^ office, by filing his resignation with the county clerk. His removal from the county, or his acceptance of the office of supervisor, town-clerk or trustee of a school district, shall vacate his office. How va- *§ 6. The county clerk, so soon as he has official offlc7Jf or other notice of the existence of a vacancy in the school office of commissioner, shall give notice thereof to si*oSer^^' the couuty judge, or, if that office be vacant, to the ^^^^^' superintendent of public instruction. In case of a vacancy, the county judge, or, if there be no county judge, then the superintendent, shall appoint a com- missioner, who shall hold his office until the first of January succeeding the next general election, and until his successor, who shall be chosen at such gen- eral election, shall have qualified. A person elected to fill a vacancy shall hold the office only for the unexpired term. Salary of f § 7. Every school commissioner shall receive an cpm^mis- annual salary of eight hundred dollars, payable quar- $m^ terly, by the treasurer, on the warrant of the comp- troller and the certificate of the superintendent of public instruction, out of the income of the United States deposit fund appropriated to this purpose, or to the support of common schools. :J:§ 8. Whenever a majority of the supervisors from all the towns composing a school commissioner district shall adopt a resolution to increase the salary of their school commissioner, beyond the eight hun- dred dollars payable to him from the United States deposit fund, it shall be the duty of the board of supervisors of the county to give eflect to such reso- lution, and they shall assess the increase stated therein upon the towns composing such commis- sioner district, ratably, according to the corrected valuations of the real and personal estate of such towns. *As amended by sec. 1, chap. 647, Laws of 1865. +As amended by sec. 1, chap. 84, Laws of 1867. $As amended by sec. 6, chap. 567, Laws of 1875. PUBLIC INSTKUOTION. H ■^§ 9. The board of supervisors shall annually audit commis- and allow to each commissioner within the county Ixp^elises the fixed sum of two hundred dollars for his expen- ^^^• ses, and shall assess and levy that amount annually, by tax upon the towns composing his district. § 10. Whenever the superintendent of public in- f^PfgiJ^' struction is satisfied that a school commissioner has may with- persistently neglected to perform his duties, he may mfssion^' withhold his order for the payment of the whole or er's salary. any part of such commissioner's salary as it shall become due, and the salary so withholden shall be forfeited ; but the superintendent may remit the for- feiture, in whole or in part, upon the commissioner disproving or excusing such neglect. § 11. A commissioner upon the written request of commis- , , " . . „ ■•-,.-. T 1 • . ^ sioner to the commissioners oi an adjoining district, may per- serve for form any of his duties for him, and upon require- ^°°*^^'" ment of the state superintendent of public instruc- tion must perform the same. § 12. No school commissioner shall act as agent Not to act for any author, publisher or bookseller, nor directly fo/ffior or indirectly receive any gift, emolument, reward or ©r, etc!'^*^" promise of reward, for his influence in recommending or procuring the use of any book, or school appara- tus, or furniture of any kind whatever, in any com- mon school, or the purchase of any book for a district library. Any one who shall procure or solicit a vio- lation of this provision, or of any part thereof, shall be guilty of a misdemeanor ; and any such violation shall subject the guilty commissioner to removal from his office by the superintendent of public instruction. § 13. Every commissioner shall have power, and Duties of it shall be his duty ; com°mis fl. From time to time to inquire and ascertain !!°'?g whether the boundaries of the school districts within di°tr?ct^^ his district are definitely and plainly described in feT^^^*^ the records of the proper town clerks ; and in case the record of the boundaries of any school district shall be found defective or indefinite, or if the same shall be in dispute, then to cause the same to be, *As amended by sec. 3, chap. 84, Laws of 1867. +As amended by sec. 7, chap. 567, Laws of 1875. 12 ACT EELATING TO To visit and exam- ine schools. Libraries, school- houses, etc. Studies. To direct trustees to make re- pairs. May direct abatement of nui- sance. To con- demn unfit school- nouses. amended, or an amended record of the boundaries to be made. All necessary expenses incurred in establishing such amended records shall be a charge upon the district or districts affected, to be audited and allowed by the trustee or trustees thereof, upon the certificate of the school commissioner. 2. To visit and examine all the schools and school districts within his district as often in each year as shall be practicable ; to inquire into all matters rela- ting to the management, the course of study and mode of instruction, and the text-books and disci- pline of such schools, and the condition of the school- houses, sites, out-buildings and appendages, and of the district generally ; to examine the district libra- ries ; to advise with and counsel the trustees and other ofiicers of the district in relation to their duties, and particularly in respect to the construction, warming and ventilation of school-houses, and the improving and adorning of the school grounds con- nected therewith ; and to recommend to the trustees and teachers the proper studies, discipline and man- agement of the schools, and the course of instruction to be pursued. *3. Upon such examination, to direct the trustees to make any alteration or repair on the school-house or out-buildings which shall, in his opinion, be neces- sary for the health or comfort of the pupils, but the expense of making such alterations or repairs shall, in no case, exceed the sum of two hundred dollars, unless an additional sum shall be voted by the district. He may also direct the trustees to abate any nui- sance in or upon the premises, provided the same can be done at an expense not exceeding twenty-five dollars. ^4. In concurrence with the supervisor of the town in which a school-house is situated, by an order under their hands, reciting the reason or reasons, to con- demn such school-house, if they deem it wholly unfit for use and not worth repairing, and to deliver the order to the trustees, or one of them, and transmit a copy to the superintendent of public instruction. *As amended by sec. 2, chap. 406, Laws of 1867 . PUBLIC INSTEUCTION. 13 Such, order, if no time for its taking effect be stated May esti- m it, shall take effect immediately. Tliey shall also nec^lssa^ state what sum, not exceeding eight hundred dollars, school-^ will, in their opinion, be necessary to erect a school- house. house capable of accommodating the children of the district. Immediately upon the receipt of said order Trustee to the trustee or trustees of such district shall call a meetfnl!^^ special meeting of the inhabitants of said district, for the purpose of considering the question of build- mg a school-house therein. Such meeting shall have power to determine the size of said school-house, the material to be used in its erection, and to vote a tax to build the same ; but such meeting shall have no . power to reduce the estimate made by the commis- sioner and supervisor aforesaid by more than twenty- five, per cent of such estimate. And where no tax Trustee to for building such house shall have been voted by school- such district within thirty days from the time of j^eT^tax^*^ holding the first meeting to consider the question, fol^sameif then it shall be the duty of the trustee or trustees of nSct. such district to contract for the building of a school- house capable of accommodating the children of the district, and to levy a tax to pay for the same, which tax shall not exceed the sum estimated as necessary by the commissioner and supervisor as aforesaid, and which shall not be less than such estimated sum by more than twenty-five per cent thereof. But such estimated sum may be increased by a vote of the inhabitants at any school meeting subsequently called and held according to law. 5. To examine persons proposing to teach common to exam- schools within his district, and not possessing the \fcense superintendent's certificate of qualification or a teachers. diploma of the state normal school, and to inquire into their moral fitness and capacity, and, if he find them qualified, to grant them certificates of qualifi- cation, in the forms which are or may be prescribed by the superintendent. 6. To re-examine any teacher holding his or his Re-exam- predecessor' s certificate, and if he find him deficient '°'^ in learning or ability, to annul the certificate. 7. To examine any charge affecting the moral to exam- character of any teacher within his district, first jneohar- 14 ACT EELATING TO ges against gMiig such teacher reasonable notice of the charge, Anmir^ and an opportunity to defend himself therefrom ; and certifl- if he find the charge sustained, to annul the teacher's cates. certificate, by whomsoever granted, and to declare him unfi.t to teach ; and if the teacher held a certifi- cate of the superintendent, or a diploma of the state normal school, to notify the superintendent forth- with of such annulment and declaration. 8. And, generally, to use his utmost infl.uence and most strenuous exertions to promote sound educa- tion, elevate the character and qualifications of teachers, improve the means of instruction and advance the interests of the schools under his super- vision, commis- § 14. Every school commissioner shall have power takeaffida- to take afiidavits and administer oaths in all matters vits. pertaining to common schools, but without charge or fee ; and, under the direction of the superintend- ent of public instruction, to take and report to him the testimony in any case of appeal. the'su^*er° § ^^' '^^^ commissiouers shall be subject to such intendent rules and regulations as the superintendent of public fnsFru'i-^ instruction shall, from time to time, prescribe ; and tion. appeals from their acts and decisions may be made To report to him, as hereinafter provided. They shall, when- annuaiiy, g^gj, thereto required by the superintendent, report to him, as to any particular matter or act, and shall severally make to him annually, up to the first day of October in each year, a report in such form, and containing all such particulars as he shall prescribe and call for ; and for that purpose shall procure the reports of the trustees of the school-districts from the town-clerks' offices, and after abstracting the necessary contents thereof, shall arrange and indorse them properly, and deposit them with a copy of his own abstract thereof, in the office of the county clerk ; and the clerk shall safely keep them. PUBLIC INBTEUOTIOK 15 TITLE III. OF THE STATE AISTD OTHER SCHOOL MONEYS, THEIR APPORTIONMENT AND DISTRIBUTION, AND, HEREIN, OF TRUSTS AND GIFTS FOR THE BENEFIT OF COM- MON SCHOOLS. FIRST ARTICLE. Of the state school moneys and their apportion- ment hy the superintendent of public instruction, and payment to the county treasurers. ^Section 1. There shall be raised by tax, in the state tax present and each succeeding year, upon the real and support of personal estate of each county within the state, one schools. mill and one-fourth of a mill upon each and every dollar of the equalized valuation of such estate, for the support of common schools in the State ; and the proceeds of such tax shall be apportioned and distributed as herein provided. § 2. No clerk of any board of supervisors, or other cierk of person who shall make out the tax list or assess- superv?s- ment roll of any town, shall omit to include and°ot^>tt^ apportion among the moneys to be raised thereby j.^^'^^^^^^ the amount hereby required to be raised for the sup- scho^oftax. port of schools, by reason of the omission of the board of supervisors to pass a resolution for that purpose. t § 3. The moneys so raised shall be paid into the How mon- state treasury, and the treasurer may transfer them deposited. from one depository to another, by his draft, coun- tersigned and entered by the superintendent of public instruction. On the first working day of ^J^l^ ^^^^ each month the treasurer shall make to the superin- " ^^^^^ ' tendent of public instruction a written statement of the condition of the free school fund, showing the amount received and paid during the preceding month, and the balance remaining on hand. The *As amended by sec. 3, chap. 406, Laws of 1867. +As amended by sec. 8, chap. 567, Laws of 1875. 16 ACT RELATING TO Comptrol- ler may ■withhold moneys from counties. Treasurer and super- intendent may bor- row mon- eys. State school moneys. bank in which such moneys are deposited shall fur- nish the superintendent of public instruction a book, in which the officers of such banks shall make entries of all sums deposited therein by the treasurer, from time to time, to the credit of said free school fund. No such money shall be paid out of the treasury except upon such warrant of the superintendent, countersigned by the comptroller, referring to the law under which it is drawn. The superintendent shall countersign and enter all checks drawn by the treasurer in payment of his warrants, and all receipts of the treasurer for such money paid to the treas- urer, and no such receipt shall be evidence of pay- ment unless it be so countersigned. *§ 4. The comptroller may withhold the payment of any moneys to which any county may be entitled, from the appropriation of the incomes of the school fund and the United States deposit fund for the sup- port of common schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer ; and whenever, after the first day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day, there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon at the rate of twelve per cent per annum, until pay- ment shall be made to the treasury, shall be a charge upon the county in default, and shall be added to the amount of state tax, and levied upon such county by the board of supervisors thereof, at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes. § 5. The moneys raised by the state tax or bor- rowed as aforesaid to supply a deficiency thereof. *As amended by sec. 4, chap. 406, Laws of 1867. PUBLIC INSTRUOTIOJ^. 17 and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund, when the same are appro- priated to the support of common schools, constitute the state school moneys, and shall be divided and ^^°^^°^' apportioned by the superintendent of public instruc- superin- tion, on or before the twentieth day of January in *®°'^^°'- each year as follows : and all moneys so apportioned Applied to except the library moneys, shall be applied exclu- wages. sively to the payment of teachers' wages. ^^ 6. He shall apportion and set apart from the in- united °^ come of the United States deposit fund so appro- states de- priated the amounts required to pay the annual and free"^' salaries of the school commissioners elected or elect- lund?^ ive under this act, to be drawn out of the treasury and paid to the several commissioners, as hereinbe- fore provided ; and he shall also apportion to each of the cities of the state, and to each of the incorpo- rated villages of the state having a population of five thousand and upwards, which, under a special act, employs a superintendent of common schools, or a clerk of the board of education, who does the duty of supervision, out of the income of the said fund, and if insufficient the deficiency out of the free school fund, so appropriated, the sum of eight hundred dollars, and in case any city is entitled to more than one member of assembly according to the unit of representation adopted by the legisla- ture, five hundred dollars for each additional mem- ber of assembly, to be expended according to law, for the support of the common schools of the city. He shall then set apart, from the income of the United States deposit fund, for and as library moneys, such sum as the legislature shall appro- priate for that purpose. He shall also set apart from the free school fund a sum not exceeding four thousand dollars for a contingent fund. He shall then set apart and apportion, for and on account of the Indian schools under his supervision, a sum which will be equitably equivalent to their propor- tion of the state school money, upon the basis of distribution established by this act, such sum to be *As amended by chap. 374, Laws of 1876. 18 ACT EELATING TO wholly payable out of the proceeds of the state tax for the support of common schools. After deduct- ing the said amounts, he shall divide the remainder of the state school moneys into two parts, one to be one-third and the other to be two-thirds of such re- mainder, and shall apportion them as hereinafter specified. ?°^ort/oQ- § ^* -^® shall apportion the one-third of the re- ment. maiuder equally among the school districts and cities from which reports shall have been received in accordance with law, as follows : Sctstore- "^^ entitle a district to a distributive portion or ceivedis- district quota, a qualified teacher, or successive trictquo- qualified teachers, must have actually taught the common school of the district, for at least the term of time hereinafter mentioned, during the last pre- one quota Ceding schoolyear. For every additional qualified quafmid teacher and his successors who shall have actually teacher, taught in said school during the whole of said term, the district shall be entitled to another distrib- utive quota ; but pupils employed as monitors, or Term of otherwise, shall not be deemed teachers. The school. aforementioned term, during the current school year shall be six months, and thereafter shall be twenty- eight weeks of five school days each, inclusive of New Year's day, Washington' s birthday, the fourth day of July, Christmas day, and any other day which shall be, by law, declared a holiday, which shall occur during the term. A deficiency not ex- ceeding three weeks during the current year, or in any subsequent year, caused by a teacher's attend- ance upon a teachers' institute within the county, shall be excused. Two^thirds g 8. Having so apportioned and distributed the ment. one-third, the superintendent shall apportion the two- thirds of the said remainder, and also the library moneys separately, among the counties of the state, according to their respective population, excluding Indians residing on their reservations, as the same shall appear from the last preceding state or United Apportion- States census; but as to counties in which are situ- plymen't ated cities having special school acts, he shall appor- to cities. -j-JQjj ^Q Q^^^Yi city the part to which it shall so appear PUBLIC INSTRUOTIOJ^. 19 entitled, and to the residue of the county the part to which it shall appear to be so entitled. 'If the cen- sus according to which the apportionment should be made, does not show the sum of the population of any county or city, the superintendent shall, by the best evidence he can procure, ascertain and de- termine the population of such county or city at the time the census was taken, and make his apportion- ment accordingly. § 9.. The superintendent shall apportion to each separate separate neighborhood which shall have duly re- homls!"'^" ported, such fixed sum as will, in his opinion, be equitably equivalent to its portion of all the state school moneys upon the basis of distribution estab- lished by this act ; such sum to be payable out of the contingent fund hereinbefore established. § 10. Whenever any school district or separate superin- neighborhood shall have been excluded from partici- may ex* pation in any apportionment made by the super- fe^ct^mf' intendent, or by the school commissioners, by rea- make sup- son of its having omitted to make any report re- apl)™r5on- quired by law, or to comply with any other provis- °^®°'' ion of law, or with any rule or regulation made by the superintendent under the authority of law, and it shall be shown to the superintendent that such omission was accidental or excusable, he may, upon the application of such district or neighbor- hood, make to it an equitable allowance; and if the apportionment was made by himself, cause it to be paid out of the contingent fund; and, if the appor- tionment was made by the commissioners, direct them to apportion such allowance to it, at their next annual apportionment, in addition to any ap- portionment to which it may then Be entitled. § 11. If money to which it is not entitled, or a Moneys ap- larger sum than it is entitled to, shall be apportioned fn g^cess'^ to any county, or part of a county, or school district, °J^7'^Yb" and it shall not have been so distributed or appor- th'e'Tupe/ tioned among the districts, or expended, as to make *°te° 62 ACT EELATING TO County treasurer to lay the account before the supervis- ors : their powers and duties thereon. Any per- son may make pay- ment be- fore said levy. Proceed- ings as for county taxes. *§ 78. 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 incor- porated company, then upon such company: and when collected, the same shall be returned to the county treasurer to reimburse the amount so ad- vanced, with the expenses of collection; and if imposed upon the stock of a non-resident stock- holder in a banking association organized under the laws of congress, then, the same, with seven per cent of the amount in addition thereto, shall be a lien upon any dividends thereafter declared upon suclf stock, and upon notice by the board of supervisors to the president and directors of such bank, of such charge upon such stock, the president and directors shall thereafter withhold the amount so stated from any future dividends upon such stock, and shall pay the same to the collector of the town duly authorized to receive the same. § 79. 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. § 80. 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 pro- vided 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 * As amended by sec. 23, chap. 567, Laws of 1875. PUBLIC INSTEUCTION. 63 proceedings may also be had for the collection there- of as provided by law in respect to the county taxes assessed upon such company. *§ 81. The warrant for the collection of a district warrant, tax shall be under the Lands of the trustees, or a eS of^ majority of them, with or without their seals ; and it shall have the like force and effect as a warrant issued by a board of supervisors to a collector of taxes in the town ; and the collector to whom it may be delivered for collection shall be ther.eby authorized and required to collect, from every person in such tax list named, the sum set opposite to his name, or the amount due from any person or persons speci- fied therein, in the same manner that collectors are authorized to collect town and county charges. f § 82. A warrant for the collection of a tax voted by Delivery of the district shall not be delivered to the collector rant.^^"^' until the thirty-first day after the tax was voted. A warrant for the collection of any tax not so voted may be delivered to the collector whenever the same is completed. :}: § 83. Within such time, not less than ten days, as collectors the trustees shall allow him for the purpose, the col- a°bond?"*^ lector, before receiving the first wai-rant for the col- lection of money, shall execute a bond to the trus- tees, with one or more sureties, to be approved by a majority of the trustees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount, then in such amount as the trustees shall deem reasonable, con- ditioned for the due and faithful execution of the duties of his office. II § 84. The collector, on the receipt of a warrant cohector for the collection of taxes, shall give notice to the gf/^cer-** tax payers of the district, by publicly posting tam no- written or printed, or partly written and partly printed notices in at least three public places in such district, one of which shall be on the outside of the front door of the school-house, stating that he * As amended by sec. 18, chap. 406, Laws of 1867. + As amended by sec. 19, chap. 406, Laws of 1867. * As amende by sec. 34, chap. 567, Laws of 1875. II As amended by chap. 33, Laws of 1877. 64 ACT EELATING TO has received such warrant and will receive all such taxes as may be voluntarily paid to him, within two weeks from the time of posting said notice. Such collector shall also give a like notice, either personally or by mail, at least ten days previous to the expiration of the two weeks aforesaid, to the ticket agent at the nearest station of any railroad corporation assessed for taxes, upon the tax list de- livered to him with the aforesaid warrant, and no school collector shall be entitled to recover from any railroad corporation more than one per cent fees on the taxes assessed against such corporations, unless notice shall have been given as aforesaid, and in case the whole amount of taxes shall not be so paid in, the collector shall forthwith proceed to col. Pees. Iqq^ lY^Q 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, except as hereinbe- fore provided, and in case a levy and sale shall be necessarily made by such collector, he shall be en- titled to traveling fees, at the rate of ten cents per mile, to be computed from the school-house in such district. Warrant * § 85. Any collector to whom any tax list and eime^d in^' Warrant may be delivered for collection may execute town *et^c ^^® 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 territory from ad- joining 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 taxis intended to be collected ; and the bail or sureties of any collector, given for the faithful performance of his official duties, are hereby declared and made liable for any moneys received or collected on any such tax list and war- rant. Trustees -j- | QQ^ jf the sum or sums of money, payable fSrVn"p\id by any person named in such tax list or rate bill, SaiJf shall not be paid by him or collected by such war- cases. _^__^____^_^______^^— _- — — - — — *As amended by sec. 20, chap. 406, Laws of 1867. +A8 amended by sec. 25, chap. 567, Laws of 1875. PUBLIC INSTRUCTION". 65 rant within the time therein limited, it shall and may be lawful for the trustees to renew such warrant in respect to such delinquent person ; or in case such person shall not reside within their district at the time of making out a tax list, or shall not reside therein at the expiration of such warrant, or in case the property assessed be real estate belonging in an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustees may sue for, and recover the same in their name of office. * § 87. Whenever the trustees of any school dis- ^ay clfr- trict shall discover any error in a tax list made out pet error by them, they may, with the approbation and con- by consent sent of the superintendent of public instruction, fntendem, after refunding any amount that may have been im- properly collected on such tax list, if the same shall be required by him, amend and correct such tax list, as directed by the superintendent, in conformity to law ; and whenever more than one renewal of a warrant for the collection of any tax list may become neces- th^^one sary in any district, the trustees may make such mulumve further renewal, with the written approbation of the consent of ^ J • 1-11 11 J supervisor supervisor of any town in which a school house oi said district shall be located, to be indorsed upon such warrant. § 88. The collector shall keep in his possession all custody of moneys received or collected by him by virtue of any ^°°®^fi^^ warrant, to be by him paid out upon the order of a tor. majority of the trustees ; and he shall report in writ- g^aiire- ing at the annual meeting, all his collections and port at an- disbursements, and shall pay over to his successor in li^. ™®®*" office, when he has duly qualified and given bail, all moneys in his hands belonging to the district. § 89. If by the neglect of any collector any moneys collector shall be lost to any school district, which might have au^Ss"^ been collected within the time limited in the warrant delivered to him for their collection, he shall forfeit to such district the amount of the moneys thus lost, and shall account for and pay over the same to the trustees of such district, in the same manner as if they had been collected. ♦As amended by sec. 32, chap. 406, Laws of 1867. 9 66 ACT RELATING TO Trustees to sue for recovery of money in his hands. § 90. For tlie recovery of all siicb. forfeitures, and of all balances, in the hands of the collector, which he shall have neglected or refused to pay to his suc- cessor, the trustees, in their name of omce, shall have their remedy upon the official bond of the collector, or any action and any remedy given by law ; and they shall apply all such moneys, when recovered, in the same manner as if paid without suit. TITLE YIII. OF SCHOOL DISTEICT LIBEAEIES, AND THE APPLICA- TIOIN" OF LIBRARY MONEYS. * Section 1. The taxable inhabitants of each school district in the state shall have power, when lawfully assembled in any district meeting; to levy a tax on the district, not exceeding in any one year the sura of fifty dollars, for tlie purchase of such books as they shall direct for the district library, and such further sum as they may deem necessary for the ])ur- chase of a book-case. All books and cases which may have been or shall be purchased with moneys raised by such taxes, or with moneys apportioned to the district for library purposes, and all books which have been given to and accepted by the trustees for the library, shall compose the library of the district. f § 2. The sum of fifty thousand dollars, directed to be distributed to the several school districts of this state, by the fourth section of chapter two hun- dred and thirty -seven of the laws of eighteen hun- dred and thirty-eight, shall continue to be applied to the purchase of books for the district libraries. § 3. But whenever the number of volumes in the whereto be district library of any district numbering over fifty appariftus. children between the ages of five and sixteen, shall and when exceed oue hundred and twenty-five, or of any dis- ers^ wages, trict numbering fifty children or less between the said ages, shall exceed one hundred volumes, the inhab- Llbrary money * As amended by sec. 36, chap. 56Y, Laws of 1875. t As amended by sec. ST, chap. 567, Laws of 1875. PUBLIC INSTEUCTION. 67 itants of the district qualified to vote therein may, at a special or annual meeting duly notified for that purpose, by a majority of votes, appropriate the whole or any part of the library money belonging to the district for the current year to the purchase of maps, globes, blackboards, or other scientific appa- ratus for the use of the school ; and in every district having the required number of volumes in the district library, and the maps, globes, blackboards and other apparatus aforesaid, the said moneys, with the appro- bation of the superintendent of public instruction, may be applied to the payment of qualified teachers' wages. § 4. When the library money apportioned to a dis- ifie&siiiaQ trict in any year shall be less than three dollars, the ^i"for^ trustees may apply it in payment of qualified teach- ^ages^.^^ ers' wages. § 5. The trustees of every school district shall be Trustees trustees of the library of such district, and the prop- cuato*^ oi erty of all books therein, and of the case and other library, 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 in- cluded in any tax list to be made out by them as trustees of a district, and added to any tax voted by a district meeting, and shall be collected and paid over in the same manner. The librarian of any dis- trict library shall be subject to the directions of the trustees thereof, in all matters relating to the preser- vation of the books and appurtenances of the library, and may be removed from office by them for willful disobedience of such directions or for any willful neglect of duty. §6. Trustees shall be liable to their successors, and Liability the librarian shall be liable to the trustees, for any fost^^^ neglect or omission of their respective duties, by injured, which any book shall be lost, destroyed or damaged, to the amount of such damage and the value of the book so destroyed or lost. § 7. All moneys, recovered under the last preced- ing section, and all moneys received upon any policy 68 ACT EELATING TO of insurance procured upon the library, and all fines and penalties imposed by or in pursuance of this title, shall be applied, by the trustees, in the pur- chase of books for, and in the reparation and care of the library. § 8. Any two or more adjoining districts, with the consent of all the commissioners of the school com- missioner districts within which they lie, may, by a majority of votes in their several districts, unite their libraries, and apply their library moneys and funds to the care, reparation and augmentation of their joint library so form«^d. All the trustees of such districts shall be trustees of such library, with all the powers, duties and liabilities conferred and imposed by this title upon the trustees of a library of a district, and the librarian shall be appointed by them, and have the powers and be subject to the duties and liabilities conferred and imposed by this title upon the librarian of a district ; but upon the question of his appointment or removal, and upon any other question which may arise in the board of trustees, the trustee or trustees of each district shall have one vote only. All the districts owning such library shall be considered as a school district, and the library as a school district library, within the meaning of the subsequent provisions of this title. § 9, The agreement forming a joint library may be terminated by the votes of all the several dis- tricts that made it, or by the votes of any one or more, of them less than the whole, provided a majority of the school commissioners within whose districts the school districts lie, advise and consent thereto, or the superintendent of public instruction BO order. § 10. When such an agreement shall be dissolved, the truste.es of the several districts (the trustee or trustees of each district having only one vote) shall divide the library, and all the joint funds on hand, including all fines and penalties incurred, among the several districts ; and if they cannot agree, then such division shall be made by the commissioners within PUBLIC INSTEUOTIOK 69 whose districts the school districts lie, or by some officer or person selected by the superintendent of public instruction. § 11. The general regulations respecting the pres- f°^^^l ervation of school district libraries, the delivery of tions in them by librarians and trustees to their successors in mly^here- office, the use of them by the inhabitants of the dis- lytup^" trict, the number of volumes to be taken by any one intendeot. 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, defacing or injuring them, heretofore framed by the superintendent of public instruction, are continued in force, and he may, from time to time, amend, annul or add to them, and shall, from time to time, furnish printed copies of the regu- lations in force, and of such amendments, annul- ments and additions to the trustees of such libraries ; and all such regulations shall be obligatory upon all persons and officers having charge of such libra- ries, or using or possessing any of the books thereof. Such fines may be recovered in an action of debt, in usi™g^°'^^ the name of the trustees of any such library, of the ^^^•■^'■y- person on whom they are imposed, unless such per- son be a minor ; in wiiich 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 to such minor. And persons with whom such minors reside shall be liable, in the same manner and to the same extent, in cases where the parent of such minor does not reside in the district. § 12. The superintendent of public instruction, superin- xT 1 J • ■l-^ tendent whenever he may deem proper, may require tlie may re- trustees of any such library to make to him or to ^ort?^^ the school commissioner, a report showing the con- tents and condition of the library, the fines imposed, and any other information which he may deem pro- per touching the library, or its management, and shall prescribe the form, contents and authentication 70 ACT RELATING TO ' m^^bf of such report. And may impose it as a duty upon called up- the teachei' employed in any district, under the direc- S'lt.° *^" tion of the trustees, to assist them in making such examination, and when such direction is given, the teacher may close the school one day for the pur- pose of making such examination, and the same shall not be accounted as lost time. § 13. If any such trustees willfully neglect or refuse to make any such report, the superintendent shall cause all library moneys to be withholden from the district until the report be made and considered by him, and such moneys shall, if he see cause, be for- feited by the district, in which case they shall be apportioned among the school districts of the county in which the library is situated, other than such school district. And any trustee or trustees, through whose neglect or refusal such moneys shall be lost to the district, shall forfeit and pay to the district twice the amount of such moneys,- for the benefit of the library of the district, and such forfeiture may be recovered by his or their successors in office. § 14. The superintendent, whenever thereto re- quested by the trustees of any district school library, may select the library, or books for the library of the district, and cause the same to be delivered to the clerk of the county. § 15. The act entitled "an act to provide for the distribution of standard works of American authors among the libraries of district schools," passed April twelfth, eighteen hundred and fifty-six, is hereby repealed. TITLE IX. OF UNIO:^' FREE SCHOOLS. Section 1. Whenever fifteen persons entitled to vote at any meeting of the inhabitants of any school district in the state, shall sign a call for a meeting, to be held for the purpose of determining whether a union free school shall be established therein, in con- formity with the provisions of this title, it shall be PUBLIC INSTEUCTIOF. 71 the duty of tlie trustees of such district, within ten days after such call shall have been presented to them, to give public notice that a meeting of the inhabitants of such district, entitled to vote thereat, will be held for such purpose as aforesaid, at the school-house, or other more suitable place, in such district, on a day and at an hour in such notice to be specified, not more than twenty daj^s after the pub- lication of such notice. If the trustees shall refuse to when su- give such notice, or shall neglect to give the same for eTTma" '^' twenty days, the superintendent of public instruction ^JJ| no- may authorize and direct any inhabitant of said dis- trict to give the same. The qualifications of the Quaimca- inhabitants, entitled to vote at such meetings as now voters. by law expressed, shall be sufficient!}^ set forth in the notice aforesaid. *§ 2. Whenever such district shall correspond Formation wholly or in part with an incorporated village, in free'"^^"*^ which there shall be published a daily or weekly schools in newspaper, the notice aforesaid shall be given by tedviiia- posting at least five copies thereof, severally in vari- ^^^' ous conspicuous places in said district, at 1-east twenty days prior to such meeting, and by causing the same to .be published once a week for three consecutive weeks before such meeting, in all the newspapers published in said district. In other districts the said ^"g°*^tg notice shall be given by posting the same as aforesaid, and in addition thereto, the trustees of such district shall authorize and require any taxable inhabitant of the same, to notify every other inhabitant (qualified to vote as aforesaid), of such meeting, to be called as aforesaid, who shall give such notification in the manner and subject to the penalty prescribed in the case of the formation of a new school district by title seven of this act. § 3. The reasonable expense of such notices, and Expense of of their publication and service, shall be chargeable go^^p|\^ upon the district, in case a union free school is estab- lished by the meeting so convened, to be levied and collected by the trustees, as in cases of taxes now levied for school purposes ; but in the event that ♦As amended by sec. 1, chap. 50, Laws of 1876. 72 ACT RELATING TO Union free schools of two or more districts. Meetings, how or- ganized. May be ad- journed ten days. Majority vote to determine as to union free schools. such union free school shall not be established, then the said expense shall be chargeable upon the inhab- itants signing the call, jointly and severally, to be sued for if necessary in any court having jurisdiction of the same. *§ 4. Whenever fifteen persons, entitled as afore- said, from each of two or more adjoining districts, shall unite in a call for a meeting of the inhabitants of such districts, to determine whether such districts shall be consolidated by the establishment of a union free school therefor and therein, it shall be the duty of the trustees of such districts, or a majority of them, to give like public notice of such meeting, at some convenient place within such districts, and as central as may be, within the time, and to be pub- *lished and served in the manner set forth in the sec- ond section of this title, in each of such districts. The reasonable expenses of preparing, publishing and serving such notices shall be chargeable upon the union free school district, and be collected by tax, if a union free school shall be established pur- suant to such call but otherwise the signers of the call shall be jointly and severally liable for such ex- penses. The superintendent of public instruction may order such meeting under the conditions and in the manner prescribed in the hrst section of this title. t § 5. Any such meeting, held as aforesaid, shall be organized by the appointment of a chairman and secretary, and may be adjourned from time to time, by a majority vote, provided that such adjournment shall not be for a longer period than ten days, and whenever any such meeting, at which not less than fifteen persons entitled to vote thereat shall, by the affirmative vote of a majority present and voting, de- termine to establish a union free school in said district, pursuant to such notice, it shall thereupon be lawful for such meeting to proceed to the election, by ballot, of not less than three, nor more than nine trustees, who shall,by the order of such meeting, be divided into three several classes ; the first to hold until one, * As amended by sec. 15, chap. 647, Laws of 1865. + As amended by sec. 3, chap. 50, Laws of 1876. PUBLIC INSTEUOTION. 73 the second until two, and the third until three, years of trS'^ from the second Tuesday in October coincident with tees, and or following, except in the cases in the next section service, provided for ; and when the trustees so elected shall enter upon their office, the office of any existing trus- tee or trustees shall cease, except for the purposes stated in section eleven of title six of this act. The said ^^^^^^.fj^ trustees and their successors in office shall constitute how con-' the board of education of and for the union free school ^*i^*^*^- district for which they are elected, and the designa- tion of such district as union free school district num- ber , of the town of , shall be made by the school commissioner having jurisdiction of the dis- trict ; and the said board shall have the name and style of the board of education of (adding the designation aforesaid) ; copies of said call, minutes Copiesof of said meeting or meetings, duly certified by the fngs^to- chairman and secretary thereof, shall be by them, or aadm^ed!*^ either of them, transmitted and deposited, one to and with the town clerk, one to and with the school commissioner or commissioners in whose jurisdiction said districts are located, and one to and with the superintendent of public instruction ; but when at any such meeting the question as to the establishment of a union free school shall not be decided in the affirmative as aforesaid, then all further proceedings at such meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meet- ing shall be again called within one year thereafter. * § 6. Whenever said board of education shall be constituted for any district or districts whose limits correspond with those of any incorporated village or city, the trustees so elected shall, by the order of such meeting, be divided into three several classes : the first class to serve until one, the second until two, and the third until three years after the day of the next charter election in such village or city, and their regular term of service shall be computed from the several days of such charter elections, and not from the second Tuesday in October. And thereafter there * Note.— In relation to election of officers in districts having more than 300 children of school afre, see chap. 248, Laws of 1878, in the Appendix. 10 74 ACT EELATING TO Boards of education created bodies cor- porate. Clerk, ap- pointmeut of, etc. Salary. Districts outside cities and TillageSiap- pointraent of treas- urer and collector for. shall be annually elected in sucli villages and cities, by separate ballot, to be indorsed " school trustees," in the same manner as the charter oflScers thereof, trustees of the said union free schools to supply the places of those whose terms by the classification aforesaid are about to expire. *§ 7. The said boards of education are hereby sev- erally created bodies corporate, and each shall, at its first meeting, and at each annual meeting there- after, elect one of their number president. They may, with the advice and consent of a majority of the legal voters entitled to vote on questions of tax- ation, to be had at an annual meeting of the inhab- itants, appoint a clerk to the board. Such appointed clerk must be a resident of the district, and a per- son other than a trustee or a teacher in the employ of the board. The clerk so appointed shall be the general librarian of the district, and also perform all the clerical and other duties pertaining to his office. For his services he shall be entitled to re- ceive a salary, which shall not be greater than twenty-five cents a year for each scholar, to be com- puted from the actual average daily attendance for the previous year, as set forth in the annual report to the school commissioner, or less, as in the best judgment of said legal voters to be had at such an- nual meeting ; such consent and approval not to be for a longer period of time than one year. In case no provision is made at an annual meeting of the inhabitants for the appointment and payment of a clerk, then and in that case the board will appoint one of their own number to act as clerk. In dis- tricts other than those whose limits correspond with those of any city or incorporated village, said board shall have power to appoint one of the taxable in- habitants of their district treasurer, and another collector of the moneys to be raised within the same for school purposes, who shall severally hold such appointments during the pleasure of the board. Such treasurer and collector shall each, and within ten days after notice in writing of his appointment, *As amendsd by chap. 161, Laws of 1877. This section (7) does not apply to the towns of Cortlandt and White Plains, Westchester county. PUBLIC INSTEUCTION. 75 duly served upon him, and before entering upon the duties of his office, execute and deliver to the ^^^^^ ^^^ said board of education a bond, with such sufficient penalty and sureties as the board may require, condi- tioned for the faithful discharge of the duties of his office. And in case such bond shall not be given vacancies, within the time specified, such office shall thereby ^^'^• become vacant and said board shall thereupon, by appointment, supply such vacancy. § 8. The corporate authorities of any incorporated village or city, in which any such union free school shall be established, shall have power and it shall be their duty, to raise, from time to time, by tax, to be levied upon all the real and personal property in said city or village, as by law provided for the defraying of the expenses of its municipal govern- ment, such sum or sums as the board of education established therein shall declare necessary for the furtherance of any of the powers vested in them by law. The sums so declared necessary shall be set forth in a detailed statement in writing, addressed to the corporate authorities by the board of education, giving the various purposes of anticipated expendi- ture, and the amount necessary for each ; and the said corporate authorities shall have no power to withhold the sums so declared to be necessary for teachers' wages and the ordinary contingent ex- penses of supporting the school or schools of said district. § 9. In case the corporate authorities shall refuse to provide for any or all of the other purposes of expenditure declared necessary in the statement aforesaid, they shall communicate in writing to the said board of education their objections to each and every expenditure which they refuse to allow, and thereupon the said board of education shall cause the said communication to be published six times in at least one paper published or circulating in such district, and the said corporate authorities may, at any time, reconsider their action in refusing to allow such expenditures, or any of them, or may allow such other sums for any or all of such expendi- 76 ACT RELATING TO . tares as the board of education in any subsequent or modified statement may recommend. The annual meeting of the board of education of every union free school district shall be held on the third Tuesday of October in each year, an^uafand § ^^- A majority of the voters of any union free special school district other than those whose limits corre- meetmgs. gp^j^^ ^j|.|j ^^ incorporated city or village, present at any annual or special district meeting, duly convened, may authorize such acts, and vote such taxes as they shall deem expedient for making additions, altera- tions or improvements to or in the sites or struct- ures belonging to the district, or for the purchase of other sites or structures, or for the erection of new buildings, or for buying apparatus or fixtures, or for paying the wages of teachers and the necessary expenses of the school, or for such other purpose relating to the support and welfare of the school ■ as they may, by resolution, approve ; and they may direct the moneys so voted to be levied in one sum, or by installments ; and the board of education shall make out their tax list, and attach their warrant thereto, in the manner provided in article seven of title seven of this act, for the collection of school district taxes, and shall cause such taxes or such installments to be collected at such times as they shall become due. No vote to raise money shall be rescinded, nor the amount thereof be reduced at any subsequent meeting, unless the same be done within ten days after the same shall have been first voted. All moneys § "'- ^ ' -^^7 uiouey s required to pay teachers' wages in toberaised a uniou free school, or in the academical department and*iK)t by thereof , after the due application of the school moneys rate bill, thereto, shall be raised by tax, and not by rate bill. Every such §12- Every uuiou free school district shall, for all sch*ooi*dis- ^^® purposes of the apportionment and distribution triet. of school moueys, be regarded and recognized as a school district. Board of § 13. The Said board of education of every union the^'*'^*""' free school district shall severally have power : To^make "*"' "^^ V^^^ such by-laws as they may deem proper by-laws.^ for the regulation and exercise of their lawful busi- ness and powers. PUBLIC INSTRUCTION. 77 2. To establish such rules and regulations con- ^trdrsci- cerning the order and discipline of the school or pHne of schools, in the several departments thereof, as they may deem necessary to secure the best educational results. 3. To grade and' classify the school or schools of to grade the district, and to regulg-te the admission of pupils gify.^^*^ and their transfer from one class or department to another, as their scholarship shall warrant. 4. To prescribe the text-books to be used in the Topre- schools, and to compel a uniformity in the use of furn^lh"*^ the same, and to furnish the same to pupils out of ^^^^^ any moneys provided ibr that purpose. 5. To take charge and possession of the school- to have houses, sites, lots, furniture, books, apparatus, and aiil^roper- all school property within their respective districts ; *'®^- and the title of the same shall be vested respectively in said board of education, and the same shall not be subject to taxation for any purpose. 6. To take and hold for the use of the said schools J°ai^°g^jg or of any department of the same, any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or annuity, of whatever kind, given or bequeathed to the said board, and apply the same or the interest or proceeds thereof, according to the instructions of the donor or testator. 7. To have, in all respects, the superintendence, j^stfln^a" management and control of said union free schools, demicai and to establish in the same an academical depart- menr' ment, whenever in their judgment the same is warranted by the demand for such instruction ; to receive into said union free schools any pupils resid- ing out of said districts, and to regulate and estab- ■ lish the tuition fees of such non-resident pupils in the several departments of said schools, to provide fuel, furniture, apparatus and other necessaries for the use of said schools, and to appoint such librari- ans as they may, from time to time, deem necessary, *S. To contract with and employ qualified teach- Tocon- ers in the several departments of instruction, in all an^d'em-^ not less than one for every fifty pupils attending P^g^^^^^^' , — __ — _ _ — — remove *As amended by section 17, chapter 647, Laws of 1865. them . T8 ACT RELATING TO sncli schools; to remove tliem at any time for neg- lect of duty or for immoral conduct, and to pay the wages of such teachers out of the moneys appropri- ated for that purpose. To All va- ^' "^^ ^^^ ^^7 vacancy which may happen in said canciesin board by reason of the death, removal or refusal to the board, g^j.^^ ^f ^^j member or officer of said board ; and the person so appointed in the place of any such member of the board shall hold his office until the next election of trustees, as by this act provided. To remove 10- To remove any member of their board for offi- of^toe*^^^ cial misconduct. But a written copy of all charges board. made of such misconduct shall be served upon him at least ten days before the time appointed for a hear- ing of the same ; and he shall be allowed a full and fair opportunity to refute such charges before re- moval. To have all H- And generally to possess all the powers and fnwtees^of pi'ivileges, and be subject to all the duties in respect school dis- to the schools, or the common school departments in o" mis^tees any union free school in said districts, which the trus- fggf^^*^®°^" tees of common schools now possess or are subject to, not inconsistent with the provisions of this title ; and to enjoy, whenever an academical department shall be by them established, all the immunities and privileges now enjoyed by the trustees of academies in this state. Ma call § ■^^- ^^ union free school districts other than those special whose liiuits correspond with any city or incorporated meetings, yj^jg^gg^ ^j^g board of educatiou shall have power to call special meetings of the inhabitants, in the man- neB^ provided in section six of title seven of this act, for calling special meetings of districts by trustees, and they shall give notice of the time and place of anauai* holdiug the auiiual school district meeting, which meeting, shall be held on the second Tuesday of October in each year. Board to § 15. It sliall be the duty of the board at the an- mat°es^of ^' ^^^^ meeting of the district, besides any other report expenses or statement required by law, to present a detailed meetfng!^ Statement in writing of the amount of money which will be required for the ensuing year for school pur poses exclusive of the public moneys, specifying the PUBLIC INSTKUCTION. 79 several purposes for which it will be required, and the amount for each, but nothing in tliis section con- May make tained shall be construed to prevent the board from ment^ar^" presenting such statement at any special meeting anytime, called for the purpose, nor from presenting a supple- mentary and amended statement or estimate at any time. § 16. After the presentation of such statement, the i^hlbu-"^ question shall be taken upon voting the necessary ants taxes to meet the estimated expenditures, and when *'^®^®"'^"'^ demanded by any voter present, the question shall be taken upon each item separately, and the inhab- itants may increase the amount of any estimated expenditures orreduce the same, except for teachers' wages, and the ordinary contingent expenses of the school or schools. § 17. If the inhabitants shall neglect or refuse to when vote the sum or sums estimated necessary for teach- feTy ta™'^'^ ers' wages, after applying thereto the public school Y'P^^^f^^j, moneys, and other moneys received or to be received Jnhlblt- for that purpose, provided such estimate shall be for ^'^*®" no more than one teacher for each fifty pupils attend- ing such school, or if they shall neglect or refuse to vote the sum or sums estimated necessary for ordi- nary contingent expenses, the board of education may levy a tax for the same, in like manner as if the same had been voted by the inhabitants. ' § 18. If any question shall arise as to what are superin- ordiaary contingent expenses the same may be re- ^®e"f|eln° ferred to the superintendent of public instruction, question by a statement in writing, signed by one or more of a?e*°'Ion- each of the opposing parties upon the question, and p^ns^e's^^^" the decision of the superintendent shall be conclusive. § 19. It shall be the duty of each of the said boards Board to of education, elected pursuant to the provisions of hi^eaX^® this title, to have a regular meeting at least once in q^ianer. each quarter, and at such meetings to appoint one ^.^.^ or more committees, to visit every school or depart- schools, ment under the supervision of said board, and such ®'^°' committees shall visit all said schools at least twice in each quarter, and report at the next regular meet- ing of the board on the condition and prospects thereof. 80 ACT RELATING TO Sfre^o°f^'" § 2^- I^ shall also be the duty of said boards, money . respectively, to have reference in all their expendi- tures and contracts to the amount of moneys which shall be appropriated, or subject to their order or drafts, during the current year, and not to exceed that amount. And said boards shall severally apply all the moneys apportioned to the common school districts under their charge, to the departments below the academical ; and all moneys from the literature fund or otherwise, appropriated for the support of the academical department, to the latter departments. Moneys to g 21. All moneys raised for the use of the union to vii- " free schools in any city or incorporated village, or treasury!*^ apportioned to the same from the income of the litera- ture, common school or United States deposit funds, or otherwise, shall be paid into the treasury of suck city or village, to the credit of the board of educa- tion therein ; and the funds so received into such treasury shall be kept separate and distinct from any other funds received into the said treasury. And the officer having the charge thereof shall give such additional security for the safe custody thereof as the corporate authorities of such city or village shall Moneys, require. No money shall be drawn from such funds, credited to the several boards of education, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the president and countersigned by the secretary, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for which such moneys have been authorized to be paid by the said board of education. Payment, § 22. All moueys raised for the use of said union mentlfaiid free scliools, other than those whose limits corre- account- spond witli those of any cities and incorporated school villages, or apportioned from the income of the moneys, literature or common school or United States deposit funds, or otherwise, shall be paid to the respective treasurers of the said several boards of education entitled to receive the same, and be by them applied to the uses of said several boards, who shall annually render their accounts of all PUBLIC INSTEUCTION. 81 moneys received and expended by them for the use of said schools, with every voucher for the same, and certified copies of all orders of the said board touching the same, to the school commissioner of the town in which the principal school -house of the district is located. § 23. Every academical department, established ^aTdepan- as aforesaid, shall be under the visitation of the ment regents of the university, and shall be subject, in regents. ^ its course of education and matters pertaining thereto (but not in reference to the buildings or erectiens in which the same is held ), to all the regu- lations made in regard to academies by the said regents. In such departments the qualifications for Quaiiflca- the entrance of any pupil shall be as high as those puphs. established by the said regents for participation in the literature fund of any academy of the state under their supervision. § 24. Whenever a union free school shall be estab- May adopt lished under the provisions of this title, and there Icidelify, shall exist within its district an academy, the board ^herefor!^ of education, if thereto authorized by a vote of the voters of the district, may adopt such academy as the academical department of the district, with the consent of the trustees of the academy, and there- upon the trustees, by a resolution to be attested by the signatures of the officers of the board, and filed in the office of the clerk of the county, shall declare their offices vacant, and thereafter the said academy shall be the academical department of such union free school. § 25. Every union free school district, in all its subject to departments, shall be subject to the visitation of the f^P|^jft"of superintendent of public instruction. He is charged public in- with the general supervision of its board of educa- s*^"°'"''i- tion and their management and conduct of all its departments of instruction. And every board of Board shaii education shall annually, between the first and fif- ntfalfj tlf' teenth day of October, make, to the commissioner school having jurisdiction, and deposit in the town clerk's sioner. office, a report for the preceding school year, of all matters and things which trustees of a school district are required to report, and of all such other matters 11 82 ACT RELATING TO and things as the superintendent shall, from time to superin- time, require ; and shall also, whenever thereto may re-* required by the superintendent of public instruction, quire spec- report fuUj to him upon any particular matter or la repor . ^Yiin^ ; and such reports shall be in such form, and so authenticated, as the superintendent shall, from time to time, require. Su erin § ^^" ^^^ cause showu, and after giving notice of tendent' the cliarge and opportunity of defense, the superin- Sovelny teudeut of public instruction may remove any mem- toe°boM-d^ ber of a board of education. Willful disobedience of any lawful requirement of the superintendent, or a want of due diligence in obejdng such require- ment, is cause of removal. This title § 27. The provisions of this title shall apply to all schoois*es- "union free schools heretofore organized pursuant to tabi^shed the provisious of chapter four hundred and thirty- act of i853. three of the laws of eighteen hundred and fifty- three. TITLE X. OF SCHOOLS FOK COLORED CHILDEEjST. Colored Sectioist 1. The scliool authorities of any city or cities and Incorporated village, the schools of which are or shall villages, be Organized under title nine of this act or under special acts, maj^, when they shall deem it expedient, establish a separate school or separate schools for the instruction of children and youth of African descent, resident therein, and over five and under twenty-one years of age ; and such school or schools shall be supported in the same manner and to the same extent as the school or schools supported therein for white children, and they shall be sub- ject to the same rules and regulations, and be fur- nished with facilities for instruction equal to those furnished to the white schools therein. Colored _ § 2. The trustees of any union school district, or mlioa'free ^f any school district organized under a special act, scbooi^ may, when the inhabitants of any school district shall so determine, by resolution at any annual meeting, PUBLIC mSTEUCTION. 83 or at a special meeting called for that purpose, estab- lish a separate school or separate schools for the instruction of such colored children resident therein, and such schools shall be supported in the same manner, and receive the same care, and be furnished with the same facilities for instruction as the white schools therein. § 3. No person shall be employed to teach any Teacher of sucli schools who shall not, at the time of such must be employment, be legally qualified. q^uaimed. § 4. Section one hundred and forty-seven of chap- Former act ter four hundred and eighty, laws of eighteen hun- repealed. dred and forty-seven, is hereby repealed. TITLE XL OF teachers' ITiTSTITUTES. SECTioisr 1. It shall be the duty of every school commis- , , , . •', , •' . sioner to- commissioner, at least once m each, year, to organize hoidauin- in his own district, or, in concert with one or more ^*'*"*®' commissioners in the same county, to organize in and for the combined districts, a teachers' institute, and to induce, if possible, all the teachers in his dis- trict to be present and take part in its exercises. § 2. The commissioner or commissioners, subject Togive always to the advice and direction of the superin- ^^^f °o*i'=®' tendent of public instruction, shall, in such form and manner as may be deemed most eifectual, give public notice to the teachers of the district, or com- bined districts, and to all others who may desire to become such, of the time when and the place where the institute will be organized. § 3. The superintendent of public instruction shall superin- advise and co-operate with the school commissioners advfs^e^* *° in fixing the times and places of holding the teach- employ ers' institute; and he shall have power to employ, or etc? ^^^' canse the school commissioners to employ, suitable persons, at a reasonable compensation, to conduct and teach the institutes ; and he shall visit, or cause to be visited by persons employed in the department of public instruction, such and so many of the in- 84 ACT EELATING TO To estab- lish the bases of appor- tionment. Superin- tendent may estab- lish regula- tions. Teachers may close school and not vitiate contract. Trustees to allow teacher time at in- stitute. stitutes as he possibly can, for the purpose of ex- amining into the course and manner of instruction pursued, and of rendering such assistance as he may find expedient; and he shall establish the bases upon which the yearly appropriation for the sup- port of teachers' institutes shall be distributed to the several institutes, and the term or terms during which the same may be held, having reference, in the establishment of such regulations, to the num- ber of teachers in the county, district or combined districts, and in attendance at the institute, to the length of time during which they shall be held, to the facilities for attendance upon them, and to local disadvantages requiring especial considera- tion. § 4. The superintendent of public instruction may establish such regulations in regard to certificares of qualification or recommendation, which may be issued by school commissioners, as will in his judg- ment furnish incentives and encouragement to teach- ers to attend the institutes ; and the closing of his school by a teacher for the time during which an institute shall be held in and for the county or school commissioner district in which his school is, and which institute he shall have attended during the time for which he closed his school, shall not work a forfeiture of the contract under which he is teach- ing ; and he shall be allowed to make up for the time spent in attending the institute, by teaching the echool the same length of time immediately at the end of the term for which he contracted to teach. * § 5. The trustees of every school district are hereby directed to give the teacher or teachers em- ployed by them the whole of the time spent by such teacher or teachers in attending at any regular ses- sion or sessions of an institute in a county embrac- ing the school district, or a part thereof, without deducting any thing from his or their wages for the time so spent ; and whenever the trustees' report shows that a district school has been supported for the full time required by law, including the time ♦ As amended by sec. 33, chap. 406, Laws of 1867. PUBLIC INSTEUOTION. 85 spent by the teacher or teachers in their employ in ^^^I^IPher attendance upon such institute, and that the trustees at institute have given the teacher or teachers the time of such ported?" absence, and have not deducted any thing from his or their wages on account thereof, the superintendent of public instruction may include the district in his apportionment of the state school moneys, and direct that it be included by the school commissioner or commissioners in their apportionment of school moneys, provided always that such school district be in all other respects entitled to be included in such apportionment. § 6. The treasurer shall pay, on the warrant of the Mode of comptroller, to the order of any one or more of the 1'^^™®°*- school commissioners, such sum or sums of money as the superintendent of public instruction shall certify to be due to them for expenses in holding a teachers' institute ; and, upon the like warrant and certificate, to the order of any persons employed by the superintendent to conduct and teach any teachers' institute, his reasonable compensation as certified by the superintendent. § 7. The school commissioner or commissioners by to trans- whom any teachers' institute shall be organized, iSgue'^and shall transmit to the superintendent of public in- [f,P'^supe''r. struction a catalogue of the names of all persons intendent. who shall have attended such institute, with such other statistical information, in such form and within such time as may be prescribed by said superin- tendent. TITLE XIL GIST APPEALS TO THE SUPERHSTTENDElSrT OF PTTBLIC INSTRUCTION. Section 1. Any person conceiving himself ag- Any person grieved in consequence of any decision made : ^eli.^^' . 1. By any school district meeting ; From 2. By any school commissioner or school commis- ^^^^' sioners and otlier officers, in forming or altering, or refusing to form or alter, any school district, or in refusing to apportion any school moneys to any such district or part of a district ; 86 ACT EELATING TO Ibid. Ibid. Ibid. Superin- tendent's decision final. Power of superin- tendent. Superin- tendent shall file papers. Copies of decision may be at- tested by 3. By a supervisor in refusing to pay any such moneys to any such district ; 4. By the trustees of any district in paying or re- fusing to pay any teacher, or in refusing to adinit any scholar gratuitously into any school ; 5. By any trustees of any school district library concerning such library, or the books therein, or the use of such books ; 6. By any district meeting in relation to the library ; Y. By any other official act or decision concerning any other matter under this act, or any other act pertaining to common schools, may appeal to the superintendent of public instruction, who is hereby authorized and required to examine and decide the same ; and his decision shall be final and conclusive, and not subject to question or review in any place or court whatever. § 2. The superintendent, in reference to such ap- peals, shall have power : • 1. To regulate the practice therein ; 2, To determine whether an appeal shall stay pro- ceedings, and prescribe conditions upon which it shall or shall not so operate; 8. To decline to entertain, or dismiss, an appeal, when it shall appear that the appellant has no inter- est in the matter appealed from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal; 4. To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or necessary to give effect to his decision. § 3. The superintendent shall file, arrange in the order of time, and keep in his office, so that they may be at all times accessible, all the proceedings on every appeal to him under this title, including his decision and orders founded thereon ; and copies of all such papers and proceedings, authenticated by him under his seal of office, shall be evidence equally with the originals. PUBLIC INSTRUCTION. 87 TITLE XIIL MISCELLANEOUS PROVISIONS. Section 1. Whenever the share of school moneys school or any portion thereof, apportioned to any town, penTitfes school district or separate neighborhood, or any fogg*'^®^'" money to which a town, school district or separate neighborhood would have been entitled, shall be lost, in consequence of any willful neglect of official duty by any school commissioner, town clerk, trustees or clerks of school districts, the officer or officers guilty of such neglect shall forfeit to the town, school dis- trict or separate neighborhood so losing the same, the full amount of such loss with interest thereon. § 2. Where any penalty for the benefit of a school ^'^'^f'*f [°^ district, or of the schools of any school district, town, prosecute. school commissioner district, or county, shall be incurred, and the officer or officers whose duty it is by law to sue for the same shall willfully and unrea- sonably refuse or neglect to sue for the same, such officer or officers shall forfeit the amount of such penalty to the same use, and it shall be the duty of their successor or successors in office to sue for the same. * § 3. Any person who shall willfully disturb, in- Penaityfor terrupt or disquiet any district school or school meet- scho"o1 or^ ing in session, or any persons assembled, with the Meeting. permission of the trustees of the district, in any dis- trict school-house, for the purpose of giving or re- ceiving instruction in any branch of education or learning, or in the science or practice of music, shall forfeit twenty -five dollars, for the benefit of the school district. § 4. It shall be the duty of the trustees of the dis- P^o'^edure. trict, or the teacher of the school, and he shall have power, to enter a complaint against such offender be- fore any justice of the peace of the county, or the mayor or any alderman, recorder or other magistrate of the city wherein the offense was committed. The magistrate or other officer before whom the complaint * As amended by sec. 24, chap. 406, Laws of 1867. 88 ACT EELATING TO is made, shall thereupon by his warrant, directed to any constable or person, cause the person complained of to be arrested and brought before him for trial. If such person, on the charge being stated to liim, shall plead guilty, the magistrate shall convict him ; and, if he demands a trial by the magistrate, shall summarily try him ; and, if he demands a trial by jury, the magistrate shall issue a venire, and impanel a jury for his trial, and he sliall be tried in the same manner as in a court of special sessions. Penalty. § 5. If any person convicted of the said offense do not immediately pay the penalty, with the costs of the prosecution, or give security to the satisfaction of the magistrate for the payment thereof within twenty days, the magistrate or other officer shall commit him to the common jail of the county, there to be imprisoned until the penalty and costs be paid, but not exceeding thirty days. § 6. In any action against a school officer or offi- ^iraVnsT cers, including supervisors of towns, in respect of officers their duties and powers under this act, 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 superintendent, no costs shall be allowed to tlif^ plaintiff, in cases where the court shall certihy that it appeared on the trial that the defendants acted in good faith. But this pro- vision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent. *§ 7. Whenever the trustees of any school district or any school district officer or officers have been or shall be instructed by a resolution of the district at a meeting called for that purpose, to defend any action brought against them, or to bring or defend an action or proceeding touching any district prop- erty or claim of the district or involving its rights or interests, or to continue any such action or de- fense all their costs and reasonable expenses, as well as all costs and damages adjudged against them, * As amended by ('hap. 171, Laws of 1ST8. PUBLIC INSTEUOTION". 89 shall be a district charge and shall be levied by tax. If the amount claimed by them be disputed by a dis- trict meeting it shall be adjusted by the county judge of any county in which the district or any part of it is situated. § 8. Whenever such trustees or any school district Action officer shall have brought or defended any such direction action or proceeding, without any such resolution esp'^Jnses^*' of the district meeting, and after the final determina- how paid, tion of such suit or proceeding, shall present to any regular meeting of the inhabitants of the district an account in writing of all costs, charges and expenses paid by him or them, with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting shall so direct, it shall be the duty of the trustees to cause the same to be assessed upon and collected of the taxable prop- erty of said district, in the same manner as other taxes are by law assessed and collected ; and when so collected, the same shall be paid over, by an order upon the collector, to the officer or officers entitled to receive the same ; but this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent of pub- lic instruction. *§ 9. Whenever an officer or officers mentioned in when the the last preceding section of this act shall have com- fufe"!' whit plied with the provisions of said section, and the action, inhabitants shall have refused to direct the trustees to levy a tax for the payment of the costs, charges and expenses therein mentioned, it shall be lawful for him or them then and there to give notice orally and publicly, that he will appeal to the county judge of thf^ county, and in case of his disability to act in the matter by being disqualified or otherwise, then to the district attorney of the county in which the school-house of said district is located, from the re- fusal of said meeting to vote a tax for the payment of said claim, and the inhabitants may then and there, or at any subsequent district meeting, appoint one or more of the inhabitants of the district to pro- * As amended by sec. 1, chap. 746, Laws of 1871. 12 90 ACT RELATING TO tect the rights and interest of the district upon said appeal. And the officer or officers before mentioned shall thereupon, within ten days, serve upon the clerk of said district (or if there be no such clerk, upon the town clerk of the town) a copy of the afore- said account, so sworn to, together with a notice, in writing, that on a certain day therein specihed he or they intend to present such account to the county judge or to the district attorney, as the case may be, for settlement. And the clerk shall record such notice, together with the copy of the account, and the same shall be subject to the inspection of the in- habitants of the district. And it shall be the duty of the person or persons appointed by any district meeting for that purpose, to appear before the county judge or the district attorney, as the case may be, on the day mentioned in the notice aforesaid,. and to protect the rights of the district upon such settle- ment ; and the expenses incurred in the performance of this duty shall be a charge upon said district, and the trustees, upon presentation of the account of such expenses, with the proper voucher therefor, may levy a tax therefor, or add the same to any other tax to be levied by them ; and their refusal to levy said tax for the payment of said expenses shall be subject to an appeal to the superintendent of pub- lic instruction. *§ 10. Upon the appearance of the parties, or upon due proof of service of the notice and copy of the account, the county judge shall examine into the matter and hear the proofs and allegations pro- pounded by the parties, and decide by order whether or no the account, or any and what portion thereof, ought justly to be charged upon the district, with costs and disbursements to such officer or officers, in his discretion, which costs and disbursements shall not exceed the sum of thirty dollars, and the decision of the county judge shall be final ; but no portion of such account shall be so ordered to be paid which shall appear to such judge to have arisen from the willful neglect or misconduct of the claim- ant. The account, with the oath of the party claim - * As amended by chap. 514, Laws of 1874. PUBLIC INSTRUCTION. 91 ing the same, shall be prima facie evidence of the correctness thereof. The county judge may adjourn the hearing from time to time, as justice shall seem to require. § 11. 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 or upon the district clerk, and notice thereof to them or any two of them, to cause the same to be entered at length in the book of records of said district, and to raise the amount thereby directed to be paid, by a tax upon the dis- trict, to be by them assessed and levied in the same manner as a tax voted by the district. § 12. For the support of the Indian schools, al- Indian ready established and which may be established, schools, under authority of chapter seventy-one of the laws of eighteen hundred and fifty -six, the superintendent of public instruction, in his annual general appor- tionment of the state school moneys appropriated for the support of common schools, shall make an equitable apportionment, as provided by section six of title three of this act ; and the moneys which shall be thus apportioned, and those which have been apportioned for their support, under authority of section four, chapter seventy-one of the laws of eighteen hundred and fifty-six, shall be paid out of the treasury for expenditures authorized by law and actually incurred in the support of such schools, upon the warrant of the superintendent, counter- signed by the comptroller. § 13. The superintendent of public instruction, so pubiica- soon as may be after the passage of this act, shall *|fis^4t- prepare and cause to be printed, and distribute ute, etc. among the school districts of the state, to each one copy, an edition of this statute, with brief annotations embodying such of the decisions of the courts of the *state, and of the superintendents of common schools and the superintendents of public instruction as are applicable thereto, and such comments, explanations and instructions as he shall deem necessary or expe- dient, and the same shall be deposited with the district clerk, and kept by him for the *tise of the inhabitants. 92 ACT EELATING TO § 14. All provisions of law repugnant to or incon- sistent with the provisions of this act, are hereby- repealed, saving always all rights of action vested under such prior provisions, and proceedings com- menced for the assertion thereof ; but nothing herein contained, unless it be so expressed, shall be con- strued, unless by inevitable implication, to revive any act or portion of an act heretofore repealed ; nor to impair or in any manner affect or change any special law touching the schools or school system of any city or incorporated village of the state. The rate bills here- tofore au- thorized by special acts abol- ished. Local tax of city cannot be increased. The two following paragraphs, amendatory of the General School Act, but not of any particular title thereof, were passed as sections 26 and 27, of chap. 406, Laws of 1867. Hereafter all moneys now authorized by any special acts to be collected by rate bill for the pay- ment of teachers' wages, shall be collected by tax, and not by rate bill. , Nothing in this act contained shall be construed to authorize the common council of any city to in- crease the local city tax for the support of the schools therein, beyond the amounts they are now author- ized by law to raise for local school purposes, and such local tax shall be reduced in such city, by an amount equal to the amount it shall receive by the additional tax authorized by this act, for the support of schools in the state generally. APPENDIX. 93 APPENDIX. *CHAP. 8 AN ACT to provide for the appraisal of, and acquir- ing title to lands taken for or in addition to sites for district school-houses. Passed April 25, 1866 ; tliree-fifths being present. TTie People of the State of New York, represented in Senate and Assembly^ do enact as follows : SECTioiir 1. Land for the site of a district school- j^^nd, or house, or additional land adjoining to and for the f^^^^^j^^o"*' enlargement of an established site, not exceeding one stte. acre, may be acquired in cases where the owner or owners thereof, or some of them, shall not consent to sell the same for such purpose, or the trustee or trus- tees of the district cannot agree with such owner or owners, or some of them, upon the price or value thereof, as follows : A petition shall be prepared for presentation to the ^^^^ ^^ county court of the county in which the land is situ- procedure, ated, at some regular term thereof, signed by the trustee or trustees of the district, or a majority of them, setting forth that the inhabitants of the dis- trict have designated or desire to obtain the land for the site of a district school-house, or in addition to and for the enlargement of that already established * As amended by chap. 819, Laws of 1867, and chap. 329, Laws of 1871. 94 APPENDIX. as such site, describing such land by its locality and by particular metes and bounds, stating the quantity thereof as nearly as may be, with the name or names, and place or places of residence of the owner or owners, and that the consent of such owner or own- ers, or some of them, to sell such land for said pur- pose, cannot be obtained, or that the trustee or trustees cannot agree with him or them, or some of them, upon a reasonable price therefor, and prajnng for the appointment of commissioners to appraise the same. " Said petition shall be filed in the office of the county clerk of the county in which the land is situ-- ated, and at the time of filing thereof, or at any time afterwards, the petitioners may cause a notice of the pendency of the proceedings to be filed in said office, which notice the county clerk shall file and record in the same manner that similar notices in actions in the supreme court are required to be filed and re- corded ; which notice shall state the object of the proceeding, and contain a description of the land and the names of the parties affected thereby. And all persons who shall acquire in whatsoever way, any title to, interest in, lien or incumbrance upon said land, after the filing of the notice 'of the pendency of the proceedings as aforesaid, shall be bound and affected by said proceedings in the same manner and to the same extent as if they had been named in the petition as parties thereto ; and said persons shall also be bound in the same manner and to the same extent, by notice of the existence of said proceeding, whether notice of the pendency thereof has been filed or not. The petitioners may appear and prosecute such proceedings by an attorney." A copy of said petition with a notice thereto an- nexed of the time and place when and where the same will be presented to said county court, ad- dressed to the owner or owners of the required lands, shall be served in all cases, except as hereinafter allowed, as follows : Upon each person to whom the notice is addressed, who resides in the county in which the land is situated, by delivering to each such person, or in case of his absence, by leaving at his APPENDIX. 95 dwelling-house or usual place of abode or business, such copy and notice, at least thirty days before the day specified in the notice for the presentation of the petition. Upon each such person who shall reside out of such county, by depositing such copy and no- tice in one of the post-offices nearest to said land, directed to such person at his reputed place of resi- dence, and paying the proper postage thereon, at least forty days before the day specified in the notice for the presentation of the petition, if such place of residence be within this state, and at least sixty days before that day if such place of residence be out of this state, except that if such place of resi- dence be in the upper peninsula of Michigan, or in any state or territory of the United States west of the Mississippi river, except the states of Iowa, Mis- souri, Arkansas and Louisiana or any place out of the jurisdiction of the United States, then at least four months before such specified day of presenta- tion. If any such owner or owners shall reside out of the state, and shall have an agent or attorney residing therein, authorized to convey or contract for the sale of his or their interest in said lands who shall not consent, or with whom the trustee or trus- tees cannot agree as aforesaid, then and in that case the service of the copy of petition and of notice Notice may aforesaid may be made upon such agent or attorney q® ^gein. instead of upon such owner or owners, either person- ally or by depositing the same in a post-office as aforesaid, directed to such agent or attorney at his place of residence, and paying postage as aforesaid, the same number of days or months before the said specified day for the presentation of the petition, as if the service were upon such owner or owners, as hereinbefore required. If any such owner shall be an infant, under the age of twenty -one years, such service shall be made on his general guardian ; if on guar- there be no such guardian, on the infant, if over four- *^''*'"' teen years of age, and if under that age, on the per- son with whom such infant shall reside, in each case in the same mode, and the same number of days or months before the specified day for the presentation of the petition, as if the service were upon an adult 96 APPENDIX. an idiot. Owner may appear in person or by attor- ney. owner, according to the place of residence of such guardian, infant, or person with whom such infant If owner be residos, upon whom service is made. If any such owner shall be an idiot, or of unsound mind, service shall be made upon the committee of his person or estate ; or, if there be no such committee, then upon the person who shall have the care of such idiot or person of unsound mind, in the same mode and the same number of days before the presentation of the petition, as in other cases. In all other cases service of copies of the petition, of notices, appointments of guardians or committees, orders or other papers in the proceedings under this act, or in connection there- with, shall be made as the court in which the pro- ceedings are had shall direct. § 2. On presenting such petition to the county court aforesaid, on the day specified for its presenta- tion as aforesaid, with proof of service of a copy or copies thereof and notice, and of other papers as hereinbefore required, all persons whose estate or interest are to be affected by the proposed proceed- ings, relative to the land described in the petition, may appear in person or by attorney, or other proper representative, before the said court, and show cause against granting the prayer of the petitioners. The said court shall hear the proofs and allegations of the parties, and if no sufficient cause be shown against granting the prayer of the petitioners, shall make an order appointing three disinterested and suitable persons, residing in the same county, neither of whom shall be an inhabitant of the school dis- trict named in the petition, or interested in any taxable property therein, or who shall be within two degrees of relationship, by blood or marriage, to any owner of such taxable property, or to any owner of the land described in such petition, as commissioners to appraise the said land, and to award the compen- sation to be made to the owner or owners thereof for the same, for the purposes specified in said petition ; and the said court shall specify and appoint in such order the time and place within said school district, for the first meetins: of said commissioners, and also Courts to appoint commis- sioners by an order. APPENDIX. 97 the time and place, when and where said county court will receive the report of said commissioners of their proceedings and award in the premises, for confirmation. § 3. The said commissioners, before entering upon commis- their duties, shall be sworn before some officer, must^be authorized to administer oaths, that they will fairly sworn, and impartially view the land in question, hear the proofs and allegations of the parties interested, and make ajust and reasonable award of the compensation to be paid by the school district for the said land to be appropriated for a site or part of a site for a district school-house. The said commissioners shall have Powers of power to issue subpoenas and administer oaths to sion^l^" witnesses, and a majority of them may adjourn the proceeding from time to time if necessary. They shall also view the land in question, hear the proofs and allegations of parties, reduce the testimony given, if any, to writing ; and without unnecessary '^^^^^ delay, they, or a majority of them, shall appraise sfon"s!" the said land and determine and award the compen- sation which ought to be made therefor by said school district, to the party or parties owning the same. They shall make a written report of their proceedings and award in the case, signed by them, or a majority of them, which shall be accompanied by the minutes of the testimony taken by them, and shall deliver the same to the county judge of the county on or before the day named in the order appointing them, for receiving such report for con- firmation. The said commissioners shall be entitled ^^^• to two dollars per day for their services, which shall be a charge upon and be paid by the school dis- trict in whose behalf the land in question has been appraised by them as aforesaid. § 4. On the day and at the time and place appointed ^^^l 'o°- in the order aforesaid for receiving such report, the der on pro- county court aforesaid, on being satisfied of the and judge regularity and fairness of the previous proceedings, tmsVees a shall make an order reciting the proceedings, giving °"py- a description of the land appraised, confirming the report and directing to whom the compensation awarded shall be paid, or where and with whom the 13 98 APPENDIX. same shall be deposited. A certified copy of the last-mentioned order shall, without unnecessary de- lay, be delivered by the judge holding said county court to the trustee or trustees aforesaid, or to one of them, whose duty it shall be forthwith to cause the same to be recorded at the expense of the said school district, in the office of the county clerk of the county in which the land therein described is Trastees to situated. The trustee or trustees are hereby author- evytax. .^^^ ^^^ directed, on the filing of said order with the county clerk as aforesaid, forthwith to. levy a district tax for a sum sufficient to pay 'the compen- sation named in said award and the expense of re- cording said order. § 5. Upon said order being recorded as aforesaid, and upon the payment or deposit of the amount of compensation awarded for said land, all the right, title and interest of the owner and owners aforesaid, in and to the said land, shall vest in the school dis- trict in whose behalf the proceedings aforesaid were instituted ; and the trustee or trustees of such dis- trict shall be entitled to enter upon, take possession of, occupy and use said land for the purpose set forth in their petition aforesaid ; and all land acquired by any school district pursuant to the provisions of this act, shall be deemed to be taken for public use. Proceeds § ^" "^^^ proceeds of every such award shall be how di- ' divided amongst the parties whose rights and inter- ^^*^^*^" ests shall have been sold, in proportion to their respective rights in the premises ; and the share of such of the parties as are of full age shall be paid to them or their legal representatives by the com- missioners, or shall be brought into court for their use. § 7. When any of such known parties are infants, the court may, in its discretion, direct the share of such infants to be paid over to the general guardian on proper security being filed, or to be invested in permanent securities at interest, in the name and for the benefit of such infants, or be deposited in some trust company or savings bank to abide the further order of the court. APPENDIX. 99 § 8. When any of the parties whose interests have when pro- been sold are absent from the state, or are not known i'nlested!'^ or named in the proceedings, the court shall direct the shares of such parties to be invested in perma- nent securities at interest or to be deposited in some trust company or savings bank to abide the further order of the court, for the benefit of such parties, until claimed by them or their legal representatives. § 9. When the proceeds of a sale belonging to any tenant in dower, or by the courtesy, or for life, shall be brought into court as hereinbefore directed, the court shall direct the same to be invested in permanent securities at interest, so that such inter- est shall annually be paid to the parties entitled to such estate during their lives respectively, unless such parties shall elect to accept a sum in gross in lieu thereof. § 10. The court may, in its discretion, require all or any of the parties, before they shall receive any share of the moneys arising from such sale, to give security to the satisfaction of such court to refund the said shares with interest thereon, in case it shall thereafter appear that such party was not entitled thereto. § 11. The amounts of all commissioners' fees, and Expenses a of all expenses incurred by or in behalf of any dLtifct.'"^ school district, in pursuance of the provisions of this act, shall be a charge upon such district, and be levied and collected by tax in the same manner as other district taxes are levied and collected therein. * § 12. This act shall not apply to cities of more than what thirty thousand inhabitants; nor shall it be lawful not be™^^ under this act to acquire title to less than the whole ^^ken. of any city or village lot, with the erections thereon, if any, nor to any premises occupied as a homestead by the owner or owners thereof, without the consent of such owner or owners ; nor, beyond the corporate limits of cities, to any garden or orchard, or any part thereof, nor to any part of any yard or inclosure necessary to the use and enjoyment of buildings, or any fixtures or erections for the purposes of trade or * As amended by sec. 1, chap. 339, Laws of 1871. too APPENDIX manufactures, without the consent of the owner or owners thereof. Boards of * 13. Boards of education in cities of not more wISifbe ^^^^ thirty thousand inhabitants are hereby clotlied trustees, witli all the powers of trustees under the act hereby amended, and the title to any and all lands acquired in any city, under the provisions of said act, shall vest in the board of education thereof, or such other corporate body as is by law vested with the title to the school lands in such city. But nothing in the act hereby amended contained shall be construed to limit or circumscribe the powers and duties hereto- fore lodged in such boards of education by law. t The act hereby amended shall apply to union, free school districts and to districts organized under special laws ; and the trustees of sued districts or the boards of education organized under special laws, shall be and are hereby clothed with all the powers vested in trustees under said act. t Nothing in this act contained shall prejudice or impair any right acquired or proceeding had or insti- tuted, under or by virtue of the act hereby amended. * As amended by sec. 2, chap. 33?', Lawsof 1871. + These two paragraphs are added by chap. 819, Laws of 1867. APPENDIX. 101 * CHAP. 761. AN ACT authorizing the taxation of stockholders of Banks, and the surplus funds of Savings Banks. Passed April 23, 1866. The People of the State of New York, represented in Senate and Assembly^ do enact as follows : Section" 1. No tax shall hereafter be assessed upon stockhoid- the capital of any bank or banking association organ- t^xed on ized under the authority of this state, or of the United J^^^lg**^^. States, but the stockholders in such banks and bank- place of ing associations shall be assessed and taxed on the b^'!^^ °^ value of their shares of stock therein ; said shares shall be included in the valuation of the personal property of such stockholder, in the assessment of taxes at the place, town or ward where such bank or banking association is located, and not elsewhere, whether the said stockholder reside in said place, town or ward or not, but not at a greater rate than is assessed upon other moneyed capital in the hands Real estate of individuals in this state. And in making such be^taxel!" assessment there shall also be deducted from the value of such shares such sum as is in the same pro- portion to such value as is the assessed value of the real estate of the bank or banking association, and in which any portion of their capital is invested, in which said shares are held, to the whole amount of the capital stock of said bank or banking association. And provided, further, that nothing herein contained shall be held or construed to exempt from taxation the real estate held or owned by any such bank or *NOTE. Section 7 of this act repealed by sec. 56, chap. 371, Laws of 1875. 102 APPENDIX. banking association ; but the same shall be subject to state, county, municipal and other taxation to the same extent and rate and in the same manner as other real estate is taxed. Individual § 2. 'EveTj individual banker doing banking busi- deciare^ *** ness Under the laws of this state, is hereby required c^ttkland ^^ declare upon oath before the assessor the amount shares of of Capital iuvested in such banking business, and partners, ^^^^i one hundred dollars of such capital for the pur- pose of this act, and for the purpose of taxation siiall be held and regarded as one individual share in such banking business,and such shares are hereby declared to be personal property. If such banker have part- ners he shall declare upon oath before the assessor the number of shares held by each of them in such banking business, ascertained as above provided, and the shares so held by any partner shall be included in the valuation of his taxable property in the assess- ment of all taxes levied in the town, school district or ward where such individual banker is located, and not elsewhere; and such individual banker shall pay the same and make the amount so paid a charge in the accounts with such partners ; and if such individual banker have no partners he shall be held to be sole owner of all the shares in such business of banking, and the same shall be included in the valu- ation of his personal property in the assessment of all taxes levied in the town, school district or ward where his bank is located, and not elsewhere. § 3. There shall be kept at all times in the office where the business of such bank or banking asso- ciation, organized under the authority of this state or of the United States, shall be transacted, a full and correct list of the names and residences of all the stockholders therein, and of the number of shares held by each ; and such list shall be subject to the inspection of the officers authorized to assess taxes during the business hours of each day in which business may be legally transacted. § 4. Sections ten and eleven of chapter ninety- seven of the session laws of eighteen hundred and sixty-five are hereby repealed. APPENDIX. 103 § 5. When tlie owner of stock in any bank or Non-resi- banking association, organized under the laws of tinkers, this state or of the United States, shall not reside tax how' in the same place where the bank or banking asso- *^"®*'*®^- elation is located, the collector and county treasurer shall, respectively, have the same powers as to col- lecting the tax to be assessed by this act, as they have by statute, when the person assessed has removed from the town, ward or county in which the assessment was made ; and the county treasurer, receiver of taxes, or other officers authorized to re- ceive said tax from the collector, may all or either of them have an action to collect the tax from the avails of the sale of his shares of stock, and the tax on the share or shares of said stock shall be and remain a lien thereon till the payment of said tax. § 6. For the purpose of collecting such taxes, and Bank om- in addition to any other laws of this state, not in retlintuvi. conflict with the constitution of the United States, '^®'^'^- relative to the imposition of taxes, it shall be the duty of every such bank or banking association, and the managing officer or officers thereof, to retain so much of any dividend or dividends belonging to such stockholders as shall be necessary to pay any taxes assessed in pursuance of this act, until it shall be made to appear to such officers that such taxes have been paid. 104 APPENDIX. Town as- sessors to apportion railroad as- sessments. Must be in writing and filed with town clerli. CHAP. 694. AN ACT in relation to the valuation of the prop- erty of railroad companies in school districts, for the purpose of taxation. Passed April 23, 1867 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. It shall be the duty of the town assess- ors, within fifteen days after the completion of their annual assessment list, to apportion the valuation of tlie property of each and every railroad company as appears on such assessment list among the several school districts in their town, in which any portion of said property is situated, giving to each of said districts their proper portion, according to the pro- portion that the value of said property in each of such districts bears to the value of the whole thereof in said town. § 2. Such apportionment shall be in writing, and shall be signed by said assessors, or a majority of them, and shall set forth the number of each district and the amount of the valuation of the property of each railroad company, apportioned to each of said districts ; and such apportionment shall be filed with the town clerk, by said assessors or one of them, within five days after being made ; and the amount so apportioned to each district shall be the valuation of the property of each of said companies, on which all taxes against said companies in and for said districts, shall be levied and assessed until the next annual assessment and apportion- ment. APPENDIX. 105 § 3. la case the assessors shall neglect to make supervisor such apportionment, it shall be the duty of the super- ™oatP''^' visor of the town, on the application of the trustees nfg^i^t]^ or board of education of any district, or of any rail- road company, to malte such apportionment, in the same manner and with the like effect as if made by said assessors. § 4. The town clerk shall, whenever requested, Town furnish to the trustees or board of education of each cSy'^to district, a certified statement of the amounts appor- trustees, tioned to such district, and the name of the company to which the same relates. . § 5. In case any alteration shall be made in any school district, affecting the property of any railroad company, the officer making such alteration shall, at the same time, determine what change in the valu- ation of the said property in such district would be just, on account of the alteration of district, and the valuation shall be accordingly changed. § 6. This act shall take effect immediately. 14 106 APPENDIX CHAP. 054. AN ACT to amend chapter five hundred and eighty- five of the Laws of eighteen hundred and sixty- five, entitled " An act to establish Cornell Univer- sity, and to appropriate to it the income of the sale of public lands granted to this state by con- gress, on the second day of July, eighteen hun- dred and sixty-two, also to restrict the operation of chapter five hundred and eleven of the Laws of eighteen hundred and sixty-three." Passed May 13, 1872. The People of the State of New York^ represented in Senate and Assembly, do enact as follows : Section 1. Section nine of chapter five hundred and eighty-five of the Laws of eighteen hundred" and sixty-five is hereby amended so as to read as follows : To be open § 9- The Several departments of study in the said cant^^"" university shall be open to applicants for admission thereto at the lowest rates of expense consistent with its welfare and efficiency, and without distinction as To receive to rank, class, previous occupation or locality. But, denwrom with a view to equalize its advantages to all pai ts of each the state, the institution shall annually receive stu- diatrfct.^ deuts, oue from each assembly district in the state, to be selected as hereinafter provided, and shall give them instruction in any or in all the prescribed branches of study in any department of said institu- tion, free of any tuition fee or of any incidental charges to be paid to said university, unless such incidental charges shall have been made to compen- sate for damages needlessly or purposely done by the students to the property of said university. The said free instruction shall, moreover, be accorded to APPENDIX. 107 said students in consideration of their superior abil- ity, and as a reward for superior scholarship in the academies and public schools of this state. Said How students shall be selected as the legislature may, ^^lected. from time to time, direct, and until otherwise ordered, as follows : The school commissioner or commission- ers of each county, and the board of education of each city, or those performing the duties of such a board, shall select annually the best scholar from each academy and each public school of their re- spective counties or cities as candidates for the uni- versity scholarship. But in no case shall any per- son having already entered the said university be admitted as one of such candidates. The candidates candidate^ thus selected in each county or city shall meet at am'ined" such place and time in the year as the school com- ^e^t**^^ missioner or commissioners of the county and the selected, said boards of education of the cities, in those coun- ties which contain cities, shall appoint ; and the school commissioner or commissioners, and the said board of education, or such of them as shall attend and act, shall proceed to examine said candidates and determine which of them are the best scholars ; and they shall then select therefrom to the number of one for each assembly district in said county or city, and furnish the candidate thus selected with a certificate of such selection; which certificate shall entitle said student to admission to said university, subject to the examination and approval of the faculty of said university. In making these selec- Preference tions, preference shall be given (where other qualifi- toson^iof"^ cations are equal) to the sons of those who have died soidiera. in the military or naval service of the United States ; consideration shall be had also to the physical abil- when one ity of the candidate. Whenever any student selected hla^be^en as above described shall have been from any cause '■^™o'*^«*i- removed from the "university before the expiration of the time for which he was selected, then one of the competitors to his place in the university from his district may be elected to succeed him therein, as the school commissioner or commissioners of the county of his residence, or the board of education of the city of his residence, may direct." 108 APPENDIX. CHAP. 5T7. AN ACT to amend an act entitled "An act to amend an act entitled ' An act to designate the holidays to be observed in the acceptance and payment of bills of exchange and promissory notes,' " passed April twenty-third, eighteen hundred and sev- enty. Passed May 22, 1873. The People of tlie State of New Torlc, represented in Senate and Assembly, do enact as follows : Section 1. Section one of an act entitled " An act to amend an act entitled ' An act to designate the holidaj^s to be observed in the acceptance and pay- ment of bills of exchange and promissory notes," passed April twenty-third, eighteen hundred and seventy, is hereby amended so as to read as fol- lows : Holidays. § 1, The following days, namely : The first day of January, commonly called new year's day, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, any general election day, any day appointed or recommended by the governor of this state , or the president of the United States, as a day of thanksgiving, or as a day of fasting or prayer, or other religious observance, the thirtieth day of May, to be known as decoration day, shall, for all purposes whatsoever, as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of exchange,, bank checks and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday, and as public holidays. APPENDIX. 109 § 2. Whenever any of the holidays mentioned in Davs to bo the first section of this act shall fall hereafter upon whenTays Sunday, the Monday next following shall be deemed ^^^^^ and considered as the first day of the week or Sun- fairon day, and a public holiday for all or any of the pur- ^"'^'^^y- poses aforesaid ; and all bills of exchange, checks and promissory notes which shall, with or without grace, become due and payable on Sunday, or on any of the days mentioned in the preceding section, or on any Monday kept as aforesaid as a public hol- iday, shall be deemed to be due and payable on the business day next succeeding the day of their ma- turity. § 3. All acts or parts of acts inconsistent with this act are hereby repealed, but such repeal shall not affect any act done, or proceeding or suit instituted prior to the passage of this act. § 4. This act shall take effect immediately. 110 APPENDIX. Children to be in- structed at school or at home for at least 14 weeks in each year. . Employ- ment of children under 14 years pro- hibited. CHAP. 421, AN ACT to secure to cliildren the benefits of ele- mentary education. Passed May 11, 1874 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTioisr 1. All parents and tliose who have the care of children shall instruct them, or cause them to be instructed, in spelling, reading, writing, English grammar, geography and arithmetic. And every parent, guardian or other person having control and charge of any child between the ages of eight and fourteen years shall cause such child to attend some public or private day school at least fourteen weeks in each year, eight weeks at least of which attend- ance shall be consecutive, or to be instructed regu- larly at home at least fourteen weeks in each year in spelling, reading, writing, English grammar, geog- raphy and arithmetic, unless the physical or mental condition of the child is such as to render such attendance or instruction inexpedient or impracti- cable. *§ 2. No child under the age of fourteen years shall be employed by any person to labor in any business whatever during the school hours of any school day of the school term of the public school in the school district or the city where such child is, unless such child shall have attended some public or private day school where instruction was given by a teacher qualified to instruct in spelling, reading, writ- ing, geography, English grammar and arithmetic, * As amended by sec. 1, chap. 37a, Laws of 1876. APPENDIX. Ill or shall have been regulary instructed at home in said branches by some person qualified to instruct in the same, at least fourteen weeks of the fifty-two weeks next preceding any and every year in which such child shall be emploj^ed, and shall, at the time of such employment, deliver to the employer a cer- tificate in writing signed by the teacher or a school trustee of the district or of a school, and counter- signed by such officer as the board of education or public instruction, by whatever name it may be known in any city, incorporated village or town, shall designate, certifying to such attendance or instruction ; and any person who shall employ any child contrary to the provisions of this section shall, Penalty, for each offense, forfeit and pay a penalty of fifty dollars to the treasurer or chief fiscal officer of the city, or supervisor of the town, in which such offense shall occur ; the said sum or penalty, when so paid, to be added to the public school money of the school district in which the offense occurred. *§ 3. It shall be the duty of the trustee or trustees Trustees of of every school district, or public school, or union u^ts to'^' school, or of officers appointed for that purpose by for^^*d%- the board of education or public instruction, by port vioia- whatever name it may be known, in every town and act°^*^ city, in the month of September and of February of each year, and at such other times as may be deemed necessary, to examine into the situation of the children employed in all manufacturing and other establishments in such school district where children are employed; and in case any town or city is not divided into school districts, it shall, for the pur- poses of the examination provided for in this section, be divided by the school authorities thereof into districts, and the said trustees or other officers as- aforesaid notified of their respective districts on or before the first day of January of each year ; and the said trustee or trustees, or other officers as afore- said, shall ascertain whether all the provisions of this act are duly observed, and report all violations thereof to the treasurer or chief fiscal officer of said * As amended by sec. 3, chap. 373, Laws of 1876. 112 APPENDIX. List of children employed. Children tempo- rarily dis- charged from em- ployment to attend school. Trustees to enforce act. Penalties for viola- tions. city, or supervisor of said town. On such examina- tion the proprietor, superintendent or manager of said establishment shall, on demand, exhibit to said examining trustee, or other officer as aforesaid, a correct list of all children between the ages of eight and fourteen years employed in said establishment, with the said certificates of attendance on school or of instruction. § 4. Every parent, guardian or other person having control and charge of any child between the ages of eight and fourteen years, who has been temporarily discharged from employment in any business, in order to be afforded an opportunity to receive instruc- tion or schooling, shall send such child to some pub- lic or private school, or shall cause such child to be regularly instructed as aforesaid at home for the period for which such child may have been so dis- charged, to the extent of at least fourteen weeks in all in each year, unless the physical or mental con- dition of the child is such as to render such an at- tendance or instruction inexpedient or impracti- cable. * § 5. The trustee or trustees of any school district or public school, or the president of any union school, or such officer as the board of education of said city, incorporated village or town may desig- nate, is hereby authorized and empowered to see that sections one, two, three, four and five of this act are enforced, and to report in writing all violations thereof to the treasurer or chief fiscal officer of his city, or to the supervisor of his town ; any person who shall violate any provision of sections one, three and four of this act shall, on written notice of such violation from one of the school officers above named, .forfeit, for the first offense, and pay to the treasurer or chief fiscal officer of the city, or to the supervisor of the town in which he resides, or such offense has occurred, the sum of one dollar, and, after such first offense, shall, for each succeeding offense in the same year, forfeit and pay to the treasurer of said city or supervisor of said town, the sum of five dollars for * As amended by sec. 3, chap. 3T2, Laws of 1876. APPENDIX. 113 each and every week, not exceeding thirteen weeks in any one year, during which he, after written notice from said school officer, shall have failed to comply with any of said provisions ; the said penal- Their ap- ties, when paid, to be added to the public school p"<=^"o°- money of said school district in which the offense occurred. § 6. In every case arising under this act where the Text- parent, guardian or other person having the control poor chii- of any child between the said ages of eight and fif- ^ren. teen* years, is unable to provide such child for said fourteen weeks with the text-book required to be furnished to enable such child to attend school for said period, and shall so state in writing to the said trustee, the said trustee shall provide said text-books for said fourteen weeks at the public school for the nse of such child, and the expense of the same shall be paid by the treasurer of said city or the super- visor of said town on the certificate of the said trus- tee, specifying the items furnished for the use of such child. t § 7. In case any person having the control of any Truant child, between the ages of eight and fourteen years, cMWren. is unable to induce said child to attend school for the said fourteen weeks in each year, and shall so state in writing to said trustee, or said other officers appointed by the board of education or public in- struction by whatever name it may be known, the said child shall, from and after the date and deliv- ery to said trustee, or other officer as aforesaid, of said statement in writing, be deemed and dealt with as an habitual truant, and said person shall be re- lieved of all penalties incurred for said year after said date, under sections one, four and five of this act, as to such child. :{:§ 8. The board of education or public instruction, Rules con- by whatever name it may be called, in such city and truantf. incorporated village, and the trustees of the school districts and union school in each town, by an ♦ So in the original. tAs amended by sec. 4, chap. 372, Laws of 1876. % As amended by sec. 5, chap. 372, Laws of 1876. 15 114 APPENDIX. Approval of by a justice of supreme court. Copy on school- house. Amend- ments. affirmative vote of a majority of said trustees, at a meeting or meetings to be called for this purpose, on ten days' notice in writing to each trustee, said notice to be given by the town clerk, are for each of their respective cities and towns hereby authorized and empowered and directed, on or before the lirst day of January, eighteen hundred and seventy-seven, to make all needful provisions, arrangements, rules, and regulations, concerning habitual truants and children between said ages of eight and fourteen years of age, who may be found wandering about the streets or public places of such city or town during the school hours of the school day of the term of the public school of said city or town, having no lawful occupation or business, and growing up in ignorance ; and said provisions, arrangements, rules, and regulations shall be such as shall, in their judgment, be most conducive to the welfare of such children, and to the good order of such city or town ; and shall provide suitable places for the discipline and instruction and confinement, when necessary, of such children, and may require the aid of the police of cities, or incorporated villages, and constables of towns, to enforce their said rules and regulations, provided, however, that such provisions, arrange- ments, rules and regulations shall not go into eflect, as laws for said several cities and towns, until they shall have been approved, in writing, by a justice of the supreme court for the judicial district in which said city, incorporated village or town is situated ; and, when so approved, he shall file the same with the clerk of the said city, incorporated village or town, who shall print the same, and furnish ten copies thereof to each trustee of each school district, or public or union school of said city, incorporated village or town. The said trustee shall keep one copy thereof posted in a conspicuous place in or upon each school-house in his charge during the school terms each year. In like manner the same in each city, incorporated village or town may be amended or revised, within six months after the passage of this act, and thereafter annually as the trustee or trustees of any school district or public APPENDIX. 115 school, or the president of any union school, or the board of education or public instruction, or by whatever name it may be known, in any city, incorporated village or town, may determine. § 9. Justices of the peace, civil justices and police Justices to justices shall have jurisdiction, within their respect- dfJtton"^' ive towns and cities, of all offenses and of all actions for penalties or fines described in this act, or that may be described in said provisions, arrangements, rules and regulations authorized by section eight of this act. All actions for fines and penalties under Actions this act shall be brought in the name of the treasurer etc.*°^^' or chief fiscal officer of the city or supervisor of the town to whom the same is payable, but shall be brought by and under the direction of the said trus- tee or trustees, or said officer designated by the board of education. § 10. Two weeks attendance at a half-time or eve- Evening ning school shall, for all purposes of this act, be ^^^°°'^- counted as one week at a day school. § 11. This act shall take effect on the first day of when act January, eighteen hundred and seventy-five. l&llt^ POWER OF TJlS'lOlSr FREE SCHOOL DISTRICTS TO SELL OR EXCHANGE REAL ESTATE ; ALSO CONCERNING REDUCTION OF NUMBER OF MEMBERS OF BOARDS OF EDUCATION. The following powers were conferred upon boards of supervisors by subdivision 28, section 1, chap. 482, Laws of 1875. " To authorize boards of trustees or of education in any union free school district established in con- formity to the general or to any special law of this state on the application of a majority of the taxable inhabitants of the district, voting on the question at a duly called meeting, to sell or exchange real estate belonging to the district, for the purpose of improv- ing or changing school-house sites, and to increase or diminish the number of members of such boards." 116 APPENDIX. Teaching in city schools of children belonging to an adjoining school dis- trict pro- Tided for. City board of educa- tion to re- port num- ber of pu- pils, etc. CHAP. 219 AN ACT for the relief of school districts wishing to contract with boards of education of cities, to edu- cate their children in city schools. Passed May 3, 1877. Tlie People of tlie State of New York, represented in Senate and Assembly^ do enact as follows : Section 1. Whenever any school district adjoin- ing a city, by a vote of a majority of the qualified voters of such district, shall empower the trustees thereof, the said trustees shall enter into a written contract with the board of education of such city, whereby all the children of such district may be en- titled to be taught in the public scliools of such city, for a period of not less than twenty-eight weeks in any school year, upon filing a copy of such contract duly certified by the trustees of such school district and by the secretary of the board of education of said city, in the office of the superintendent of public instruction, such school district shall be deemed to have employed a competent teacher for such period, and shall be entitled to receive one distribution district quota each year during which such contract shall be renewed and continued. § 2. The board of education of any city so con- tracting with any school district shall report the number of persons of school age in such district, together with those resident in the city, the same as though they were actual residents of the city, and shall report for the pupils attending the city schools from such district to the superintendent of public instruction the same as though they were residents of such city. APPENDIX. 117 § 3. It shall be the duty of the superintendent of Duties of public instruction to give to school commissioners ffienTof such directions as may, in his judgment, be required PtructiJa" and proper, in relation to the reports to be made by ^ ^"° *°^' the trustees of such districts to school commission- ers. § 4. This act shall take effect immediately. UB APPENDIX. CHAP. 413. AN ACT to prevent frequent changes of text-books in schools. Text- books, des- ignation and use of. When adopted not to be super- seded by others in five years, etc. Penalty for violation of act. Passed June 5, 1877 ; tliree-fifths being present. The People of the State of New York^ represented in Senate and Assembly, do enact asfoUoios : Section 1. The boards of education or such bodies as perform the functions of sucli boards in the sev- eral cities and villages of this state, shall have power, and it shall be their duty to adopt and designate text-books to be used in the schools under their charge in their respective districts. In the other school districts in the state the text-books to be used in the schools therein shall be designated at the first annual school meeting held after the passage of this act, by a two-thirds vote of all the legal voters present and voting at such school meeting. § 2. When a text-book shall have been adopted for use in any of the public or common schools in this state, as provided in the first section of this act, it shall not be lawful to supersede the text-book so adopted by any other book within a period of five years from the time of such adoption, except upon a three-fourths vote of the board of education, or of such body as perform the functions of such, board, where such board has made the designation, or upon a three-fourths vote of the legal voters pres- ent and voting at the annual school meeting in any other school district. § 3. Any person or persons violating any of the provisions of this act shall be liable to a penalty of not less than fifty dollars nor more than one hun- APPENDIX. 119 dred dollars for every such violation, to be sued for by , any tax payer of the school district, and recovered before any justice of the peace, said fine, when col- lected, to be paid to the collector or treasurer for the benefit of said school district. § 4. This act shall take effect immediately. 120 APPENDIX. CHAP. 248. AN ACT in relation to the election of officers in cer- tain school districts. Passed May 13, 1878 ; three-fiftlis being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. In all school districts in this state in which the number of children of school age exceeds three hundred, as shown by the last annual report of the trustees to the school commissioner, all dis- trict officers, except the treasurer and collector of union free school districts, shall be elected by bal- lot. § 2. Such election shall be held on the second Wednesday of October in each year, between the hours often o'clock in the forenoon and two o' clock in the afternoon at the principal school-house in the dis- trict or at such other suitable place as the trustees may designate. When the place of holding such election is other than at the principal school -house, the trus- tees shall give notice thereof, by publication of such notice at least one week before the time of holding such election-, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. § 3. The trustees or board of education, or such of them as may be present, shall act as inspectors of election, and immediately after the close of the polls shall proceed to canvass the votes and declare the result. If any such district shall have but one trus- tee, the district clerk shall be associated with him as inspector. If a majority of the trustees shall not be present at the time for opening the polls, those APPENDIX. 121 in attendance may appoint any of the legal voters of the district present, to act as inspectors in place of the absent trustees. If none of the trustees shall be present at the time for opening the polls, the legal voters may choose three of their number to act as inspectors. § 4. The trustees shall, at the expense of the dis- trict, provide a suitable box in which the ballots shall be deposited as they are received. Such bal- lots shall contain the names of the persons voted for, and shall designate the office for which each one is voted. The ballots may be either written or printed, or partly written and partly printed. § 5. The district clerk, or Clerk of the board of edu- cation, as the case may be, shall attend the election and record in a book, to be provided for that purpose, the name of each elector as he deposits his ballot. When the polls shall have been closed the inspect- ors shall first count the ballots to see if they tally with the number of names recorded by the clerk. If they exceed that number enough ballots shall be withdrawn to make them correspond. Any clerk who shall neglect or refuse to record the name of a person whose ballot is received by the inspectors, shall be liable to a fine of twenty-five dollars to be sued for by the supervisor of the town. If the dis- trict clerk or clerk of the board of education shall be absent, or shall be unable or shall refuse to act, the trustees, inspectors of election, or board of edu- cation shall appoint some person to act in his place. § 6. If any person offering to vote at any such election shall be challenged as unqualified by any legal voter, the chairman of the inspectors shall re- quire the person so offering the vote to make the following declaration : " I do declare and affirm that I am an actual resident of this school district, and that I am legally qualified to vote at this election." And every person making such declaration shall be permitted to vote ; but if any person shall refuse to make such declaration, his ballot shall not be re- ceived by the inspectors. Any person who upon being so challenged shall willfully make a false dec- 16 122 APPENDIX. laration of Ms riglit to vote at sucli election, shall be deemed guilty of a misdemeanor and punished by imprisonment in the county jail for not less than six months nor more than one year. Any per- son who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit the sum of ten dollars, to be sued for by the supervisor of the town for the benefit of the school or schools of the district. § 7. All disputes concerning the validity of any such election, or of any votes cast thereat, or of any of the acts of the inspectors or clerk, shall be re- ferred to the superintendent of public instruction, whose decision in the matter shall be final. Such superintendent may, in his discretion, order a new election in any district. § 8. The persons having the highest number of votes, respectively, for the several offices shall be declared elected, and the clerk shall record the dec- laration of the inspecto7^s. In case two persons shall have an equal number of votes for the same office, the inspectors of election shall immediately choose one of such persons. If the inspectors can- not agree, the clerk shall decide the matter. § 9. The annual meeting in the several districts shall be held as now provided by law for the pur- pose of transacting all business except the election of ofiicers. § 10. This act shall not apply to cities, or to dis- tricts organized under special acts of the legislature. APPENDIX. FORMS. FORM of Warrant for the CoUedion afa District Thai. To the Collector of School District number , in the town of , county of : You are hereby commanded to receive from each of the taxable inhabitants and corporations named in the foregoing hst, 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 persons and corporations so named, and to the several tracts of land so described, or so much thereof as may be voluntarily paid to you for two successive weeks after the delivery to you of this warrant, together with one cent on each dollar thereof for your fees ; and after the expiration of tiie time above mentioned, to proceed forthwith to collect the residue of the sums not so paid in as aforesaid, with five cents on each dollar thereof for your fees ; and in case any person upon whom such tax is imposed shall neg- lect 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 col- lectors of taxes in towns ; and you are to make a return of this warrant within thirty days after the delivery thereof to you ; and if any tax on the real estate of a non-resident mentioned in the said Hst 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. All moneys received or collected by you by virtue of this warrant, you are to keep safely, and to pay out the same on the written order of a majority of the trustees. Given under our hands this day of , in the year one thousand eight hundred and seventy- A. B, 1 C.-D.,[ E. F. ) 2i-ustees. Note. — Collectors are now required by law to execute a bond before receiving th« first warrant for collection of a tax. (See section 83, title 7.) FORM of Bond to he given hy District Collector for the faithful Performance of his official duties. Know all men by these presents, that we, A. B., C. D. and E. S. (the col- lector and his sureties),- are held and firmly bound to E. F., G-. H. and L. M., trustees of school district number , in the town of , county of , in the sum of (here insert the amount of bail fixed by the district meeting or by the trustees), to be paid to the said E. F., Gr. H. and L. M., trustees as aforesaid, or to the survivor or survivors of them, or their successors ; to which 124 APPENDIX. 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 , 187 . Whereas, the above bounden A. B. has been chosen (or appointed) collec- tor 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 the said A. B. shall well and truly collect and properly account for all moneys received by him as such collector, 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 effect. A. B., [l. s.] C. D., [l. s.] E. S. [l. 8.] Signed, sealed and delivered ) in the presence of ) APPENDIX. 125 CIRCULAR TO TRUSTEES. The following circular to assessors, issued from the comptroller's oiRce, ia here presented to trustees of school districts, as it answers many questions that come before them in the discharge of their duties : All property not specially exempt should be assessed at its true and full value. Bank stock should be assessed to the individual stockholders in the town or ward where the bank is situated, at its true value, including any surplus ; and in no case should it be assessed below par, without proper evidence that its value is reduced below par by losses actually charged over on the books. No deduction should be allowed the shareholders on account of debts, nor should any deduction be allowed for the proportionate interest of a shareholder in the stock or bonds of the United States, held by the bank. The only deduc- tion provided for is a proportionate part of the real estate of the bank, which is assessed against the corporation. Individual bankers should be assessed in the same way as shareholders in incorporated banks. Persons engaged in banking or brokerage, not organized under the Banking Laws of the State, and who issue no circulation, should be assessed the same as other individuals, and are entitled to the like deduction from the assess- ment for debts and investment in United States stocks. The franchises and privileges granted by the legislature to Savings Banks, or Institutions for Savings, are declared to be personal property, and liable to taxation as such in the town or ward where located, to an amount not exceed- ing the gross sum of their surplus, earned and in possession of the bank. These institutions should therefore be assessed for the amount of their surplus funds, after deducting such amount thereof as may be invested in the stocks of the United States. Telegraph poles and wires must be regarded as personal property, and as such, are assessable at the home office of the company. Taxation of Lands. All lands in any town or ward, occupied by the owner, must be assessed to such owner. Lands occupied by a person other than the owner may be assessed to the owner or occupant, or as " land of non-residents." AVhen the line between two wards, towns or counties divides a farm or lot the same must be taxed, if occupied, in the town or ward where the occupant resides ; but if unoccupied, each part must be assessed in the town or ward where the same lies. 126 APPENDIX. Lands wholly unoccupied, owned by a person residing witliin the town or ward where the same are situated, must be assessed to such owner. Unoccupied lands, not owned by a person residing in the town or ward where the same are situated, must be assessed in a part of the assessment roll separate from the other assessments, under the heading, " lands of non-resi- dents." If such lands be a part of a tract or patent which is subdivided into •lots, each lot must be designated by its number alone, toithout the name of the owner^ beginning with the lowest number and proceeding in numerical order to the highest. Where parts of lots are separately assessed, each part must be definitely located, either by a survey, or complete boundaries thereof. Where such lands are not in any tract or patent, or numbered lot, such fact must be stated on the, assessment roll, and each parcel thereof be fully described, the same as parts of numbered lots. Each lot or subdivision must be separately assessed, unless one property, not divisible (in which case the fact should be stated), and the quantity of land in each lot, subdivision or parcel, must, in all cases, be entered on the assessment roll. The Following is the Law Relating to Exemptions from Taxation. 1. All property, real or personal, exempted from taxation by the Constitu- tion of this State, or under the Constitution of the United States. 2. All lands belonging to this State or the United States. 3. Every building erected for the use of a college, incorporated academy or other 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 be- longing to a company incorporated for the reformation of offendei'S, or to improve the moral condition of seamen, and the real and personal property used for such purposes belonging to or connected with the same. 5. The real and personal property of every public library. 6. All stocks owned by the State, or by literary or charitable institutions. 7. The personal estate of every incorporated company not made liable to taxation on its capital under Chap. 13, title 4, first part Revised Statutes. 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 estate do not exceed in value one thousand five hundred dollars. And lands owned and permanently occupied by agricultural societies. 9. All property exempted by law from execution. If the real and personal estate, or either of them, of any minister or priest exceed the value of one thousand five hundred dollars, that sum shall be de- ducted from the valuation of his property, and the residue shall be liable to taxation. Lands sold by the State, though not granted or conveyed, shall be assessed in the same manner as if actually conveyed. The owner or holder of stock in any incorporated company, liable to taxa- tion on its capital, shall not be taxed as an individual for such stock. INDEX. Page. Actions against School Officers 88 Annulment of Teacher's Certificate : By state superintendent 8 By scliool commissioners » . . . . 14 Appeals to State Superintendent 85 Appendix 93-126 Apportionment op School Moneys-. By state superintendent , 15-20 Supplemental , 19, 20 Deficiencies in, how made up 20 By scliool commissioners 24-28 Certificate of 26 Erroneous, how rectified 26 Blind, institution for the 5, 6 Bond, form of 123, 134 Boundaries op School Districts c 11 Clerk of School District : Must notify persons elected to district oflSLCes 47 General duties of ... 47-49 Clerks in Superintendent's Office 4 Collector : District meeting may fis bail of 40 Vacates office by not giving bonds 46 To return uncollected non-resident tax 61 To execute bond 63 May receive voluntary payments for two weeks 64 Fees of 64 , 128 INDEX. CoLLECTOK — Continued. Page. To have custody of certain district moneys 65 Shall report at annual meeting 65 Shall make up for district money lost through his neglect 65 Form of collector's bond 133 COLOEED Schools ., 83 Compulsory Education, act in relation to 110-115 Contingent Fund i7 Cornell Uniyersity, act in relation to 106 Deaf and Dtimb, Institution for the 5 Deputy State Superintendent, appointment of. 4 Districts ■ What are entitled to public moneys 36 Joint, must bear same No. in each commissioner district 33 Formation, alteration and dissolution of 32-36 Special meetings in 37 Annu&l meetings in » 38 Officers of, qualifications and terms of office 44 may resign , 47 May unite libraries 68 Powers of inhabitants at district meetings. (See Meetings.) Expenses of, how paid 88, 89, 90 Actions against 89, 90^ 91 Act for the relief of 116 Fines and Penalties . How paid and apportioned 23 Where supervisor refuses to give bonds , 28 embezzles school moneys 28 neglects to make certain returns Z% Duty of supervisor to sue for 30 For refusal to give notice of district meeting 37 illegal voting » 39 refusal to serve in district office 47 Where trustee employs unqualified teacher 49 fails to render annual account of moneys. 55 For making false report 57 neglect of library by trustees 67 loss of school moneys, through neglect 87 neglect to prosecute as required by law 87 disturbing school meeting 87, 88 Gospel and School Lots 23 INDEX. 129 Page. Holidays, act iu relation to 108 Indian Schools : Equitable sum to be set apart for 17 Appropriation for 91 Joint District : Must bear same number in each commissioner's district 83 Formation of 34 Dissolution of 34 Librarian, duties of 48 LiBRAJRIES : Apportionment of moneys for , 17, 24, 25 Trustee may insure 51 When library money amounts to less than $3 it may be applied to payment of teachers' wages 52, 67 Tax and state moneys for 66 Trustees to have custody of 67 liable for books lost or injured 67 Of two districts may be united G8 Rules respecting 69 Penalty for neglect of, by trustees 70 License to Teach: Examination for 13 Annulment of , , „ 7, 14 Meetings, School District : Notice of, in new district 36 When commissioner may call. ,. , , . . 36 Special, how called , 37 Annual, when to be held, and manner of proceeding when not held , 38 Duty of inhabitants to attend 38 Qualification of voters at „ 39 Challenge of voters at , 39 Illegal voting at 39 Powers of inhabitants at . , , 36-43 Miscellaneous Provisions 87-92 Neighborhoods : Apportionment to 26 Formation and dissolution of 36 17 ISOr INDEX. Neighborhoods — Cotitinued. Page Annual meetings in 37 Powers of meetings in . 40 Clerk of , 47 To report to commissioners 57 Penalties. (See Fines and Penalties.) Public Money, trustees to divide when authorized 52 Pupils : Age of those entitled to attend common schools 48 Indian and non-resident 49 Rate Bills, abolition of 93 Eemoval of School Oppiceks : By superintendent 8 Of officers of union free school districts 78 Eepairs : May be ordered by commissioners 12 What may be made by trustee without vote of inhabitants 53 Reports : By state superintendent 7 By school commissioners 14 By trustees, to district meeting 54 By trustees, to school commissioner 55 False, penalty for 57 By collector 65 By board of education of union free school districts 81 Savings Bank Bill 101-103 School Commissioners : General powers and duties 8-14 To apportion state school moneys , 24-28 To certify to state superintendent and to supervisors 26 Duties in regard to the formation, alteration and dissolution of school districts = 32-36 To appoint time for holding first meeting in new district 36 When authorized to call special district meetings 36 Cannot be trustees of school districts 44 School Districts : Act for the relief of 116 Act in relation to the election of officers in 130 INDEX. 131 School-Houses and Sites: Page. General provisions regarding 42 Sale of 43 Trustees may insure when authorized 51 May be used for certain purposes 53 School-house site bill 93-100 School Meetings, penalty for disturbing 87 School Oppicers : Penalty for neglect of duty 87 Actions against 88 Schools, Common : Free to all persons between the ages of five and twenty-one years 48 Colored 82 State tax for support of 15 School Tear, what constitutes 18 State Certipicates. 7 State School Moneys : What shall constitute 16, 17 Apportionment of, by state superintendent 15-20 When payable 20 Apportionment of, by school commissioners 24-28 Disbursement of, by supervisors , ■ 28 Trustees to draw on supervisors for 52 Library moneys 66 Penalties for their loss 87 State Superintendent : Election and general powers of 3-8 Shall prescribe rules for libraries 69 Powers and duties in relation to appeals 85 Supervisors : Powers and duties in relation to state school moneys 28-30 Must sue for all penalties, when the duty is not otherwise im- posed 30 Duties in relation to property of dissolved school districts 34 ■ Cannot be trustees 44 May accept resignation of district officers 47 May appoint trustees in certain cases 46 132 INDEX. Tax . Page. For support of common scliools 15 For fuel, appendages, repairs, libraries, deficiencies, contingencies, school-lLOuse and site, and to replace moneys lost or embezzled. 40, 41 Any legal sum may be raised by 53 How assessed and made out 58-66 In joint districts 59 When tenants are liable for , 60 Whiat persons exempt from tax to build school-house 60 On non-resident lands 60 On property of railroad companies in school districts 104 On shares of stockholders of and the surplus funds of savings banks 101 Payment of, may be made before levy 62 Collection of 63-65 For libraries. 66 Local city, cannot be increased. 92 Tax List, trustee to make out ; 51 Teachers : Who are qualified 49 Unqualified, cannot receive public money 49 Shall keep list of attendance. 49 Must be employed by trustee 51 Must verify record 54 May be required to assist in examination of library 69 Teachers' Institutes 83-85 Tenant, when liable for tax , 60 Text-Books, act in relation to 118 Town Clerk, duties of 31, 32 Treasurer : County, shall pay to collector a sum equal to taxes returned as unpaid 62 Of union free school districts to have custody of moneys 80 Trustees : Who may not hold the oifice 44 District to elect one or three 45 Vacancies in office of, how filled 46 Vacate office, how 46 May fill vacancies in certain district offices 46 May admit non-resident pupils 48 INDEX. 133 Trustees — Continued. Page. Prohibited from employing unqualified teacliers 51 General powers and duties of 50-57, 87 To have custody of library 67 Liability for books lost or injured 67 Circular to 125, 126 Trusts for Benefit of Common Schools 21 Union Free School Districts : Formation of „ 70-72 Qualification of voters of 71 Election of trustees 73 Treasurer and collector of 74 Corporate authorities to levy tax for 75 Powers of meetings in 76 No rate bills in 76 Board of education, powers of .76-79, 115 Manner of levying taxes in 79 Treasurers to have custody of moneys 80 Payment and disbursement of moneys in 80 Academical department 81 Eeports from 81, 82 Eemoval of ofiicers of 82 Powers of, to sell or exchange real estate .... 115 Valuation op Property -. How ascertained : 58 Reduction m. 59 Voters : Qualifications of 89 Challenge of 39 Illegal voting, penalty for 39 Warrant , For collection of tax 63 May be executed where 64 May be renewed. . . 64 Form of 123 c LIBRARY OF CONGRESS 020 312 166 #