A COMPILATION A'ND DIGEST OF THE LAWS RELATING TO COMMON SCHOOLS, APPL1CABLK TO THE CITY AND COUNTY OF NEW-YORK, WITH OBSERVATIONS OX THE SAME. PREPARED BY MARSHALL S. BID WELL, ESQ., BY REQUEST OF THE COMMITTEE ON DIGEST OF LAWS RELATING TO COMMON SCHOOLS, &c. APPOINTED BY THE BOARD OF EDUCATION. PRESS OF NEW -YORK! M . DAY & CO., 374 PEARL-STREET. JAMES EGBERT, PRINTER. 1842. itx ICtbrtB SEYMOUR DURST When you leave, please leave this book Because it has been said "Sver'thing comes t' him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library A COMPILATION OF THE Kf LAWS RELATING TO COMMON SCHOOLS APPLICABLE TO THE CITY AND COUNTY OF NEW. YORK N E w-y ork: PRESS OP MAHLON DAY & CO., 374, PEARL-STREET, JAMES EGBERT, PRINTER. 18 4 2 Board of Education, June 23, 1842. Resolved, that the President, John Slosson, Thomas Jeremiah, Gerardus Clark, and Isaac A. Johnson, be a Committee to prepare a Digest of the Laws relative to Common Schools, applicable to this city. A COMPILATION OF THE LAWS RELATING TO COMMON SCHOOLS, APPLICABLE TO THE CITY AND COUNTY OF NEW-YORK. [All the provisions of the act of April llth, 1842, chapter 150, to extend to the city and county of New- York the provisions of the general act in relation to common schools, and such provisions of the Revised Statutes, and of subsequent laws as are by that act extended to the city and county of New-York, are embodied in this compilaiion. The original number of each section is in all cases retained, whether it was apart of the Revised Statutes, or was taken from some subsequent act. In the latter case there is a reference to a note at the foot of the page, which gives the particular chap- ter from which the section is taken, and its number is enclosed within brackets, in lorder to distinguish it from the sections of the Revised Statutes, which are printed Jwith the section mark only. When there is no reference to any chapter, the sections are taken from the Revised Statutes, Title II. Chapter XV. Part 1. The letters R. S. refer to this Tide of the Revised Statutes. When the law of 1842 is referred to, the abovementioned act, chapter 150.. is intended. W T hen the law of 1341 is referred to, chapter 260 of the laws of that year is intended. To facilitate reference to them, the sections in this compilation are also numbered continuously from the first to the last, without regard to the Statutes from which they are taken. The index at the end refers to these numbers.] I. I Provisions extending to the several Wards of the City and County of New- York for the purposes of the School Laws, the character of towns. No. 1. [§ 3.] — By the third section of the Act passed lithEach w&ra April, 1842, Chapter 150, entitled "An Act to extend to the Newark i City and County of New- York the provisions of the general d er b e d f ° r nsl " Act in relation to Common Schools," it is enacted, that, for all certain v™' _ ' ' ' poses as a I the purposes of that Act, each of the several wards into which separate i the city and county of New-York now is or may be hereafter town ' divided, shall be considered as a separate town and liable to all the duties imposed, and entitled to all the powers, privileges, immunities, and advantages granted by the third, fourth, fifth, and sixth Articles of Title Two, Chapter Fifteen, Part First of j the Revised Statutes, to the several towns in this state, so far as the same are consistent with this Act. 1 (1) Law of 1842. SCHOOL MONEY. LawBdeciar- flr 0< 2. [§ 4.1— The last section of the Act of May 26th, 1841, cd apphca- . , J- J- . , - . ' . tie to the is repealed, and all the other sections 01 that act, not inconsistent cuy of New- wjth the provisions of the act of llth Aprilj 1842; and all the provisions of the abovementioned articles of the Revised Sta- tutes, not inconsistent with the provisions of the act of llth April, 1842, are declared applicable to the city and county of New- York. 1 The com- No. 3. [II.] The commissioners, inspectors, and trustees of inspectors' common schools, elected as hereinafter mentioned for the seve- the r sevT ral wards in the said city and county, shall have the like powers Se dTof" 1 anc ^ ^ e SUD J ect t0 tne same duties respectively as the commis- Nwnr-York sioners and inspectors of common schools of the several towns hke a pmver e s of the state ; and the trustees of common schools in the said gltoSwn wanls shall be trustees of the school districts which may be officers. formed therein, with the like powers and duties as the trustees of school districts in the several towns of this state, except as is otherwise provided in the act of April llth, 1842, with res- pect to the powers and duties of such commissioners, inspectors and trustees. 1 II. Of the School Money. City Cham- , ap[)iyforand ^ • — The chamberlain of the city and county shall receive the apply for and receive the school monies apportioned to the city school mo- all j count y as soon as the same become payable. at!S r c k oumy y No. 5. [§ 8.]— Whenever the clerk of the city and county to lay before shall receive notice from the superintendent of common schools ors the no- of the amount of monies apportioned to the city and county for uonme^t^- the support and encouragement of common schools therein, he SfmS sna ^ immediately lay the same before the supervisors of the tendent of city and COUlltV. 1 schools. • J JSosed e b [§ 9.]— The supervisors shall annually raise and col- supervisors 7 lect by tax upon the inhabitants of the said city and county, on the inha- bitantsofthe city, SJmVVi- 8 1- ^ sum °f mone y equal to the sum specified in such notice, fied -in such at the same time and in the same manner as the contingent charges of the city and county are levied and collected ; Also, one- 2. Also a sum of money equal to one-twentieth of one per one per cent, cent of the value of the real and personal property in the said reafand per- ci ty liable to be assessed therein, to be applied exclusively to the petty iS'the P ur P oses °f common schools in said city ; ffi such 3. And such further sum as may be necessary for the support as r may r be um and benefit of common schools in said city and county, to be necessary, ra i se( ^ levied., and collected in like manner ; and which shall (1) Law of 1842. SCHOOL OFFICERS. 5 be in lieu of all taxes and assessments to the support of common schools for said city and county. 1 No. 7. r § 10.1 — The said supervisors shall on or before the Chamber - • t i r i lain to depo- first day of May in every year, direct that a sum ot money equal sit in bant to the amount last received by the chamberlain of the city and receded" 1 * county, from the common school fund, be deposited by him, sX!o\ h fund together with the sum so received from the school fund, in one and a fur. of the incorporated banks in the said city and county, (such equal there- bank to be designated by the said supervisors,) to the credit of [°' tne credit the commissioners of common schools in each of the said seve- ^^2;°™' ral wards, in the proportions to which they shall respectively be of common entitled, and subject only to the drafts of the said commissioners schools - respectively l * (For the appropriation of the school monies by the board of education see No. 16.) III. Of the Officers appointed to carry into effect the School Sys- tem in the City of New- York. No. 8. ["§1.1 — Two commissioners, two inspectors, and five Commis : it J i i sioners, in- trustees oi common schools are to be elected in each ward of s P ectors,and the city and county of New- York ; they are to be chosen by KiectecTin ballot, at a special election to be held on the first Monday f eachward - June annually, by the persons qualified to vote for charter offi- cers in the said wards. 1 No. 9. [§ 36.] — A deputy superintendent of common schools JSSSSit for the city and county of New- York is to be appointed by the to oin b t | d a P" board of supervisors. He is to hold his office for two years, Tenure of subject to removal by the board of supervisors, on complaint office ' for causes to be stated. 2 No. 10. [§ 37.]— He may at any time resign his office to the *^**j n clerk of the city and county ; in which case such clerk may fill superintend- the vacancy until the next meeting of the board of supervisors. 2 ent ' No. 11. r§ 1.1 — The board of education may appoint a clerk, Clerk tc \ be l j j i i 7 appointed to whose compensation shall be fixed and paid by the supervisors the board of of the city and county. 1 education - No. 12. [§ 6.] — The commissioners of common schools of appointed by each ward are authorized to appoint a clerk, whose compensa- Jjj^eSJ^ tion shall be settled and paid by the board of supervisors. 1 eachwird. IY. Of the Powers and Duties of Commissioners of Common Schools. No. 13. [§ 1.] — The commissioners of common schools shall ^oard ° f e d- constitute a board of education for the city of New York ; a (1) Law of 1842. (2) Law of 1841, chapter 260. * These proportions will be ascertained from the copy of the apportionment filed with the chamberlain by the board of education. (See No. 16.) 6 POWERS AND DUTIES president, majority of whom shall form a quorum ; they shall elect one o< cierk. their number to preside at their meetings, which shall be held at least as often as once in three months ; and they may appoint a • clerk. 1 Reports to No. 14. [7, 14.] — To this board certificates or reports are to be the board? made as hereinafter mentioned by the following officers; viz. \ by the commisioners and inspectors of every ward respectively as to the necessity of organizing one or more schools in such ward ; (see No. 28 ;) by the trustees, inspectors, and commis- sioners, of the several wards, and the deputy superintendent of schools of the teaching, inculcation or practice of any religious sectarian doctrine or tenet in any of the schools of their res- schoois pective wards ; by individual commissioners on the subject of (See No. 46.) fygfa examinations ; (see Nos. 15, 25 ;) and by the commissioners of the several wards of all reports made to them by the trustees and inspectors of their respective wards. (See No. 25. ) l visits and No. 15. [$ 14.] — The board and any member of it may at any SoMof' ume Ylsli an d examine any school subject to the provisions of Seboard? me Law of April 11, 1842, Chap. 150,* and individual com- missioners shall report to the board the result of their examina- tions. Duties of the No. 16. [§ 15.] — It shall be the duty of this board to apply for the use of the several districts such monies as shall be raised to erect, purchase, or lease school houses, or to procure the sites thereof; and also to apportion among the several schools and dis- tricts* provided for by the Act of 1842, Chap. 150, the school monies to be paid over to the commissioners of schools in each ward, by virtue of the tenth section of that Act, (see No. 7,) and to file with the chamberlain of the city and county, on or before the fifteenth day of April in each year a copy of such appor- tionment, stating the amount thereof to be paid to the commis- sioners of each ward. 1 Apportion- No. 17. [§ 15.] — This apportionment shall be made among among the the several schools and districts according to the average num- SSl and Der °f children over four and under sixteen years of age,*who districts, shall have actually amended such school the preceding year. But no such school shall be entitled to a portion of such monies that has not been kept open at least nine months in the year, or in which any religious doctrine or tenet shall have been taught, inculcated or practised, or which shall refuse to permit the visits and examinations of the board of education or any of its mem- bers, or of the deputy superintendent of common schools, or of the inspectors or trustees of the Ward in which it is situated, as provided for by the said Act. 1 Money to be No. 18. § 23. — In making the apportionment of monies among withheld if no sufficient £ e e p e ° n rt haS (1) Law of 1842. received, * These are the schools hereinafter named in No. 90, and all district schools that may be formed in the manner hereinafter mentioned. OF COMMISSIONERS. 7 the several school districts, no share shall be allotted to any dis- trict from which no sufficient annual report shall have been received, for the year ending on the last day of December im- mediately preceding the apportionment. No. 19. § 24. — -No money shall be apportioned and paid to ib. any district unless it shall appear by such report, that a school had been kept therein for at least four [nine]* months during the year ending at the date of such report, by a qualified teacher ; and that all monies received from the commissioners during that year have been applied to the payment of the compensation of such teacher. No. 20. [§ 2.] — Whenever an apportionment of the public But superin . monev shall not be made to any school district, in consequence fendem may n J .. , .. J , ' - iii direct appor- of any accidental omission to make any report required by law, uonment or to comply with any other provision of law, or any regulation, omSion fo the superintendent of common schools may direct an apportion- ac " ment to be made to such district according to the equitable circumstances of the case, to be paid out of the public money on hand ; or if the same shall have been distributed, out of the public money to be received in a succeeding year. 1 No. 21. § 26. — If after the time when the annual reports are Apporuon- required to be dated,t and before the apportionment of the school Set 1 auered monies shall have been made by the commissioners, [the board Jeport? nnuaI of. education,] a new district shall be formed in the town [ward] so as to render an apportionment founded solely on the annual reports unjust as between two or more districts of the town, [city,] the commissioners [the board of education] shall make an apportionment among such districts, according to the number of children in each over the age of five [fonr]t and under sixteen years, ascertaining that number by the best evidence in their power, t No. 22. [§ 1.] — The provisions in the last section are extended ib. to all cases where a school district shall have been formed at such time previous to the first day of January as not to have allowed a reasonable time to have kept a school therein for the term of three [nine] 2 months, such district having been formed out of a district or districts [ward] in which a school shall have been kept for three [nine] 2 months, by a teacher duly qualified, during the year preceding the first day of January. 3 * * Law of 1842. § 15. t Law of 1841, Chap. 260. t Whether the accomodation of these provisions to the system established by the Act of 1842, so as to give the board of education the power which the provisions in terms confer on the school commissioners of each town does not exceed the just limits to which a mere compilation of the law should be confined, deserves consider- ation. But, without such accommodation, the provisions are inapplicable in the city, as the commissioners of each separate ward have no power of making 1 an apportionment of the school monies ; a duty which belongs exclusively to the board of education. The necessity and justice of some provisions like these are obvious. On the whole, such an application of the law, with this necessary accommodation, seems to be within the equity of the statute. (1) Law of 1841, Chap. 260. (2) Law of 1842, $ 15. (3) Law of 1831, Chap. 206 8 POWERS AND DUTIES Bond of jf 23. r§ 17.1— The Commissioners of each Ward shall commission- L i J r i • i • -i i i • i ersfor within niteen days alter their election, execute and deliver to trie folmance er supervisors aforesaid, a bond with such sureties, as said super visors shall approve, in the penalty of double the amount oi public money appropriated to the use of the Common Schools of their respective Wards, conditioned for the faithful perform- ance of the duties of their office, and the proper application of all monies coming in their hands for Common School purposes. 1 comrnis- j\ T . 24. [? 14.] — It shall be the duty of the commissioners of asceriain each ward, from time to time, and as frequently as need be. to to secSn 8 examine and ascertain, and report to the board of education, i d ntho ine ' &c ' whether any religious sectarian doctrine or tenet shall have been schools in taught, inculcated, or practised in any of the schools in their re- wards, spective wards. 1 mi?to thT s ' No. 25. [§ 14.]— It is their duty to transmit to the board of board of education all reports made to them by the trustees and inspec- education . * . , . .. \ reports of tors oi their respective wards, and individual commissioners shall inspectors, report to the board the result of their examination of the schools of their respective wards. 1 SoJTeTsw No. 26 - P 10 > 16.]— The commissioners of each ward shall schooi he draw me amount deposited to their credit by the chamberlain money depo- of the city and county, in the bank designated for that purpose credit?n their Dv me supervisors ; and shall apply the same to the use of the apply Me 10 scno °l s ana " districts in their ward, according to the apportion- same. ment thereof made by the board of education. The amount ap- portioned to the several schools hereinafter named, (see No. 90,) the commissioners are to pay to the treasurers of the societies or schools entitled thereto, or to some person duly authorized by the trustees of such societies or schools to receive the same. 1 commis- No. 27. § 44. — The commissioners of common schools in ^spe"^ 6 each ward, together with the other inspectors elected in their town, shall be the inspectors of common schools for their town, organization No. 28. [§ 7.] — Whenever the trustees, elected in a ward, shall dfstticta! certify, in writing, to the commissioners and inspectors of that ward that it is necessary to organize one or more schools in said ward, in addition to the schools hereinafter named, (see No. 90,) it shall be the duty of the said commissioners and inspectors to meet together and examine into the facts and circumstances of the case ; and if they shall be satisfied of such necessity, they shall certify the same, under their hands, to the board of educa- house''&c. ti° n J an d shall then proceed to organize one or more school dis- proved tr i° ts therein, and shall procure a school-house and all things necessary to organize a school in such district. 1 commis- No. 29. [§ 1.] — The commissioners of each ward shall be the e a ° c n h e ^ s a °j t0 commissioners of schools thereof, with the like powers and du- be com- ties of commissioners of common schools in the several towns of of schools, this State, except as otherwise mentioned herein. 1 with the like powers and duties of (1) Law of 1S4 2 commission- N ' ers in towns. OF COMMISSIONERS. 9 No. 30. § 20. — It shall be their duty to describe and number SSj s t o the school districts, and to deliver the description and numbers number and thereof, in writing, to the town clerk [the clerk of such commis- school sioners] immediately after the formation thereof.* districts. No. 31. § 20. — It shall be their duty to sue for and collect, To sue for by their name of office, all penalties and forfeitures imposed in P enalues - title second, chapter fifteen of the first part of the Revised Statutes, and in respect to which no other provision is made, which shall be incurred by any officer or inhabitant of their town, [ward], and after deducting their costs and expenses, to add the sums recovered to the school monies received by them, to be apportioned and paid among the different schools in their town [ward], entitled r to school monies, according to their re- spective proportions. No. 32. § 27. — All monies apportioned by the commissioners, Monies one to the trustees of a district, which shall have remained in the handfof hands of the commissioners for one year after such apportion- J£™era!" ment, by reason of the trustees neglecting or refusing to receive the same, shall be added to the monies next thereafter to be ap- portioned by the commissioners, and shall be apportioned and paid therewith, in the same manner. No. 33. § 28. — In case any school monies received by the when re- commissioners, cannot beapportioned by them for the term of c^Xriain two years, by reason of the non-compliance of all the school dis- tricts in their town [ward] with the provisions of this title, such monies shall be returned by them to the county treasurer [the chamberlain of the city and county], to be by him apportioned and distributed, together and in the same manner with the monies next thereafter to be received by him, for the use of common schools. No. 34. § 29. — It shall be the duty of the commissioners in ^rfof each town [ward], between the first day of July and the first, dav commis- of August, in each year, to make and transmit to the county clerk [clerk of the city and county] a report in writing, bearing date on the first day of July, in the year of its transmission, stating, 1. The whole number of school districts within their town [ward], (specially designating the schools for colored children in their town [wardjt) ; 2. The districts from which reports shall have been made to the commissioners, or their immediate predecessors in ornce, within the time limited for that purpose ; 3. The length of time a school shall have been kept in each of such districts, distinguishing what portion of that time the school shall have been kept by qualified teachers ; It is doubtful whether the provision respecting- the description and numbering- of the districts is applicable to the city of New- York, t Law of 1841, Chap. 260, § 15. 2 10 POWERS AND DUTIES 4. The amount of public monies received in each of such districts ; 5. The number of children taught in each ; 6. The whole amount of monies received by the commis- sioners, or their predecessors in office, during the year ending at the date of their report ; distinguishing the amount received from the county treasurer [the chamberlain of the city and county], and from any other and what source ; 7. The manner in which such monies have been expended, and whether any and what part remains unexpended, and for what cause ; 8. The amount of money paid for teachers' wages in addition to the public money paid therefor in the districts from which reports shall have been received by them or their immediate predecessors in office ; 9. With such other information as the superintendent of common schools may from time to time require, in relation to the schools within their town [ward.] 1 cierk to give No. 35. § 30. — In case the commissioners in any town [ward] report not snan not on or De f° re the first day of August in any year make made. suc h reports to the clerk of the [city and] county, it shall be his duty to give immediate notice of such neglect to the clerk of such town [the clerk of the commissioners of such ward.] Forfeiture; No. 36. §31. — The commissioners neglecting to make such money may re p t w ithin the limited period shall forfeit severally to their be withheld. * r , n _ . r r . , . , . ] . town [ward] for the use of the common schools therein, the sum of ten dollars ; and the share of school monies apportioned to such town [ward] for the ensuing year, may, in the discretion of the superintendent of common schools, be withheld and be distributed among the other towns [wards] in the same county [city and county] from which the necessary reports shall have been received. 1 And com- No. 37. § 32. — When the share of school monies apportioned to a town [ward] shall thus be lost to a town [ward] by the neglect of its commissioners, the commissioners guilty of such neglect shall forfeit to their town [ward] the full amount, with interest, of the monies so lost, and for the payment of such for- feiture they shall be jointly and severally liable. No. 38. § 33. — The monies recovered from such commis- sioners under the last preceding section, shall be distributed and paid to the several districts in the same manner as it would have been the duty of the commissioners to have distributed* and paid missioners liable for amount. Appli of m( lication monies recovered. (1) Laws of 1337, $ 2. 3. * The law in relation to such a forfeiture of commissioners of schools for a town, provides that the suit shall be brought by the supervisor of the town. It does not appear by whom such suit can be brought to recover the forfeiture from a commis- sioner for a ward. And it is doubtful whether the above direction for the distribution of the monies ia applicable to the city of New York. OF COMMISSIONERS. 11 them if received from the county treasurer [the chamberlain of the city and county.] No. 39. § 34, 35. — The commissioners in each town [ward] commis- shall keep a just and true account of all school monies received keep r L- t0 and expended by them during the year for which they shall J™der to 3 have been chosen ;* and within fifteen days after the termination successors, of their respective offices they shall render to their successors in office a just and true account, in writing, of all school monies by them respectively received, before the time of rendering such account, and of the manner in which the same shall have been appropriated and expended by them : and the account so ren- dered shall be delivered by such successors in office to the town clerk [the clerk of the commissioners of that ward] to be filed and recorded in his office. No. 40. § 36. — If on rendering such account any balance And pay shall be found remaining in the hands of the commissioners or ance " any of them, the same shall immediately be paid by him or them, to his or their successors in office or some one of them. No. 41. § 37. — If such balance or any part thereof, shall have If appropria- been appropriated by the commissioners to any particular school P aki°accord- district,and shall remain in their hands for the use thereof, a state- in ^- ment of such appropriation shall be made in the account so to be rendered, and the balance paid to such successors in office shall be paid over by them according to such appropriation. No. 42. § 38.— Any commissioner neglecting or refusing to Forfeiture render such account, or to pay over such balance or to deliver a for neglect, statement of such appropriation, if any there be, shall for each offence forfeit one hundred dollars. No. 43. § 39. — It shall be the duty of his successors in office successor to to prosecute without delay in their name of office, for the recovery P rosecute - of such forfeiture, and to distribute and pay the monies recovered in the same manner as other school monies received by them. No. 44. § 40. — Such successors may bring a suit in their name how suit is of office for the recovery, with interest, of any unpaid balance b° ro b u e ght . of school monies that shall appear to have been in the hands of any previous commissioner on leaving his office, either by the accounts rendered by such commissioner or by other sufficient proof. No. 45. § 41. — In case of the death of such commissioner, such suit may be brought against his representatives, and all monies recovered shall be applied as if they had been paid over without suit. No. 46. § 42. — The commissioners of common schools in commis. each town [ward] shall have the powers and privileges of a^av^Se corporation so far as to enable them to take and hold any pro- JJJ e ^ f n a * Commissioners in towns are required to lay their accounts before the board of auditors of the accounts of other town officers ; this provision is inapplicable in the city where such a board does not exist. 12 INSPECTORS. perty transferred to them for the use of common schools in such town [ward.] commis- No. 47. [§ 5.] — No compensation shall be allowed to thecom- receiv" no missioners of common schools for any service performed by them, tion P bii\ sa ac- Dllt me Y sna ^ receive their actual and reasonable expenses while tua 1 ayd rea- attending to the duties of their office, to be audited and allowed peiuei. by the supervisors of the city and county. 1 Anycommis- No. 48. [§ 14.] — Any commissioner may at any time visit tSiliSex anc ^ examme an y school subject to the provisions of the law amino any of April 11, 1842, (see No. 90,) and shall report to the board of school. education the result of his examination. 1 * commis. No. 49. § 13. — The commissioners of each ward shall have Sr£5o° f a general jurisdiction, subject to the direction of the board of have a gene- education, over anv of the schools hereinafter named, (see No. 90.) ral junsdic- » / . . . » v '/ tionof seve- which may be located in their ward, in the same manner and to ted schools ; the same extent as district schools ; but such schools shall be schools are under the immediate government and management of their res- inuMdtete P ecuve trustees, managers and directors. 2 government of their own TT trustees, &c. Of Inspectors of Common Schools. Powers and No. 50. § 1. — The inspectors of common schools, elected in inspectors, the several wards, shall have the like powers and be subject to to the same duties, with the inspectors of common schools of the several towns of this state, except as hereinafter mentioned. 1 (As to the duty of inspectors in organizing school districts and procuring school houses, dec. see No. 28.) inspectorsto No. 51. [§ 15.] — It shall be the duty of inspectors from time to ^porfifaSy time and as frequently as need be, to examine and ascertain and doctrin a e n &c re P ort to me Doar d of education whether any religious sectarian is taught &c. doctrine or tenet shall have been taught, inculcated, or practised in a their C100 in any of the schools of their respective wards. 1 respective wards. No compen- No. 52. [§ 5.[ — No compensation shall be allowed to any in- Sowed but spector for any services performed by him ; but he shall receive penS s e to be ms actual and reasonable expenses while attending to the duties paid. f his office, to be audited and allowed by the supervisors of the city and county. 1 (1) Law of 1842. * The schools thus subject to the board are the schools named in No. 90, and all district schools which may be organized under that Act. (2) Laws of 1842. [See also as to certain liabilities and privileges of Commis- sioners! Nos. 94, 95.] t As the Law of 1842 requires the Commissioners to give a bond with sureties for the faithlul performance of their duties, and the proper application of all school monies coming into their hands, it may be thought that the provisions contained in former laws, imposing penalties on commissioners for official misconduct and neg- lect of duty, are inapplicable ; but as the bond and these penalties are not inconsistent with each other, the provisions relating to both have been inserted in this compilation as being in force. TRUSTEES. 13 No. 53. §44. — The commissioners of common schools in each JJ"jj° ectorg town [ v ard] together with the other inspectors elected in th ir town [ward] shall be the inspectors of common schools for their town [ward]. No. 54. § 45. — It shall be the duty of the inspectors of com- The irduty mon schools in each town [ward] to examine all persons offering ^minin* themselves, as candidates for teaching common schools in such teachers. town [ward]. No. 55. [§ 6.] — It shall not be necessary for more than two in- Jjjjjjg 80 " spectors to meet and certify to the qualifications of any teacher. 1 cient to exa- mine and certify. No. 56. § 46. — In making such examination, it shall be Theirduty the duty of the inspectors to ascertain the qualifications of the tothiqSS^ candidate, in respect to moral character, learning and ability, ^hers^ No. 57. § 47. — If the inspectors shall be satisfied in respect to n,. thequalifications of the candidate, they shall deliver to the per- sons so examined, a certificate signed by them, in such form as shall be prescribed by the superintendent of common schools. No. 58. § 48. — The inspectors may annul any such certificate ib. given by them or their predecessors in office, when they shall think proper, giving at least ten days previous notice in writing, to the teacher holding it, and to the trustees of the district in which he may be employed, of their intention to annul the same. No. 59. § 49. — The inspectors whenever they shall deem it ib. necessary, may require a re-examination of all or any of the teachers in their towns [wards], for the purpose of ascertaining their qualifications to continue as such teachers. No. 60. § 50. — The annulling of a certificate shall not dis- ib. qualify the teacher to whom it was given, until a note in writing thereof, containing the name of the teacher and the time when his certificate was annulled, shall be made by the inspect- ors, and filed in the office of the clerk of their town [clerk of the commissioners of the ward]. No. 61. § 52. — It shall be the duty of the inspectors to visit Duty as to all such common schools within their town [ward], as shall be Soil organized according to law. at least once a year, and oftener if they shall deem it necessary. No. 62. § 53. — At such visitation, the inspectors shall ex- Duty as to amine into the state and condition of such schools, both as it school, respects the progress of the scholars in learning, and the good order of the schools ; and may give their advice and direction to the trustees and teachers of such schools as to the government thereof, and the course of studies to be pursued therein.* (1) Law of 1841. * Thi3 provision does not extend to the schools named in No. 90, which are district schools only so far as relates to the distribution of the common school monies. But the board of education may, at any time, visit and examine any school, subject to the 14 TRUSTEES. 5San? t0 No. 63. § 54. — Each of the inspectors, by "agreement with, schools. or direction of, the other inspectors, may be assigned to a certain number of school districts, which it shall be his special duty to visit and inspect. VI. Of Trustees of Common Schools. Trustees of No. 64. [§ 1.] — The trustees of common schools, elected in Sols'lo their respective wards, shall be the trustees of the school districts oTschooi 63 vv hi cn naay be formed and organized therein, with the like wu!a C !'iIiikeP 0NVers ant ^ duties as the trustees of school districts in the powers and several towns in this State, except as otherwise herein men- dutiesas tj nnp ,l 1 trustees of "Oned. school districts in towns. Trustees to ]y 0< (55, n j i — The trustees of each ward have power) certify the t .J. _ . . . . c . . , 1 necessity of whenever they think it right, to certily, in writing, to the com- district "* missioners and inspectors of common schools thereof, that it is schools.; necessary to organize one or more schools in said ward, in ad- dition to the schools hereinafter mentioned in No. 90. 1 Trustees to No. 66. [§ 14.] — It shall be the duty of the trustees, from time &c. C as d to' to time and as frequently as need be, to examine and ascertain and droSS&c. re P ort to the board of education, whether any religious sectarian a*. taught, doctrine or tenet shall have been taught, inculcated or practised &c. in any . r . . . . . P ' , , x school. in any of the schools m their respective wards. 1 No compen- No. 67. [§ 5.] — No compensation shall be allowed to the trus- auowedto tees for any services performed by them. 1 SSt te Jf No * 68, * 75. — It shall be the duty of the trustees of any trustees. school district, and they shall have power, custody of To have the custody and safe keeping of the district school- district , J school- nouses ; houses. orteaSs nt To contract with and employ all teachers in the district ; And pay- r £ p a y the wages of such teachers when qualified, out of the monies which shall come into their hands from the commis- sioners of common schools. Trustees to No. 69. [§ 11.] — It shall be the duty of the trustees of school EkrdT 6 districts, to procure for the use of their [each] district [in their books, &c. war( j] ) two bound blank books, from time to time, as shall be necessary, in one of which, the accounts of all monies received provisions of the Act of 1842, among- which are the schools named in No. 90; and it is the duty of the trustees, inspectors and commissioners of each ward, and of the deputy superintendent of schools, from time to time, and as often as need be, to ex- amine and ascertain, and report to the board of education, whether any religious sectarian doctrine or tenet shall have been taught, inculcated or practised in any of the schools in their respective wards. For that purpose, although not for any other, the trustees, inspectors and deputy superintendent must have a right to visit any of the schools in their res ective wards. Each of the commissioners has a general right, as member of the board of education, at any time, and for any purpose, to visit and examine any school, subject to the provisions of the Act of 1842. (1) Law of 1842. TRUSTEES. 15 and paid by the trustees, and a statement of all moveable pro- perty belonging to the district, shall be entered at large, and signed by such trustees ; in the other of the said books, the teachers shall enter the names of the scholars attending school, and the number of days they shall have respectively attended, and also the days on which such school shall have been in- spected by the deputy superintendent and the town [ward] in- spectors ; which entries shall be verified by the oath or affirma- tion of the teachers. The said books shall be preserved by the trustees as the property of the district, and shall be delivered to their successors. 1 No. 70. § 90. — If the monies apportioned to a district, by the ^| d a ^ commissioners of common schools [the board of education], shall by trustees not have been paid, it shall be the duty of the trustees thereof, ^sSnlrT to bring a suit for the recovery of the same, with interest, against £™ on pay " the commissioners in whose hands the same shall be, or to pur- of school sue such other remedy for the recovery thereof as shall be given propnS ito bylaw; and the monies, when recovered, shall be applied by adistnct ' them in the same manner as if they had been paid without suit. No. 71. § 91. — The trustees of each school district [of com- reponof mon schools of each ward] shall, after the first day of January, truatee& in every year, and on or before the first day of March thereafter, make and transmit a report, in writing, to the commissioners of common schools for such town [ward], dated on the first day of January, in the year in which it shall be transmitted. No. 72. § 92. — Every such report, signed and certified by a How made majority of the trustees making it, shall be delivered to the town clerk [clerk of the commissioners of the ward], and shall specify, 1. The whole time any [each] school has been kept in their district [ward] during the year, ending on the day previous to the date of such report, and distinguishing what portion of the time such school has been kept by qualified teachers ; 2. The amount of monies received from the commissioners of common schools, during such year, and the manner in which such monies have been expended ; 3. The number of children taught in the [each] district during such year ; 4. [§ 1.] — The amount of money paid for teachers' wages, in addition to the public money paid therefor, and such other infor- mation in relation to the schools and the districts [in their ward] as the superintendent of common schools may, from time to time, require. 2 No. 73. § 93. — No teacher shall be deemed a qualified teacher, ®£^ ed who shall not have received, and shall not then hold, a certificate of qualification, dated within one year, from the inspectors of com- mon schools for the town [ward] in which he shall be employed, or from the deputy superintendent of the city and county.* (1) Law of 1S41, Chap. 260, § 11. (2) Law of 1837, Chap. 241, $ 1. ♦ Law of 1841, Chap. 260, $ 36. 10 TRUSTEES. Penalty for false report. Inspection of schools to be certified by trustees. Property of districts how held. Trustees to account. Balance paid to succes- sors. Forfeiture for neglect. How prose- cuted. Remedy against former trustees. No. 74. § 96. — Every trustee of a school district, who shall sign a false report to the commissioners of common schools of his town [ward], with the intent of causing such commissioners the board of education] to apportion and pay to his district ward] a larger sum than its just proportion of the school monies of the town [city], shall for each offence, forfeit the sum of twenty-five dollars, and shall also be deemed guilty of a misde- meanor. No. 75. [§ 12.] — The trustees of each school district [ward] shall, within one week before the annual meeting of the board of supervisors of the city and county, certify to the supervisor of their town [the supervisors of the city and county] the number of times their [each] school [in their ward] has been visited and inspected by the deputy superintendent, and by the town [ward] inspectors, which shall be laid before the board of supervisors at their annual meeting. 1 No. 76. § 97. — All property now vested in the trustees of any school district, for the use of schools in the district [ward], or which may be hereafter transferred to such trustees for that purpose, shall be held by them as a corporation. No. 77. § 98. — The trustees of each school district shall, on the expiration of their offices, render to their successors in office, a just and true account, in writing, of all monies received by them respectively, for the use of their district [ward], and of the manner in which the same shall have been expended. No. 78. § 99. — Any balance of such monies, which shall ap- pear from such account to remain in the hands of the trustees or either of them, at the time of rendering the account, shall imme- diately be paid to some one or more of their successors in office. No. 79. § 100. — Every trustee who shall refuse or neglect to render such account, or to pay over any balance so found in his hands, shall, for each offence, forfeit the sum of twenty-five dollars. No. 80. § 101. — It shall be the duty of his successors in of- fice to prosecute without delay, in their name of office, for the recovery of such forfeiture ; and the monies recovered shall be applied by them to the use and benefit of their district schools. No. 81. § 102. — Such successors shall also have the same remedies for the recovery of any unpaid balance in the hands of a former trustee, or his representatives, as are given to the com- missioners of common schools against a former commissioner and his representatives ; and the monies recovered shall be ap- plied by them to the use of their districts in the same manner as if they had been paid without suit. 2 (1) Law of 1841, Chap. 260. (2) See No. 44. DEPUTY SUPERINTENDENT. 17 Provisions respecting the Deputy Superintendent of Common Schools for the City and County of New- York . No. 82. [§ 36.] — The board of supervisors of the city and Deputy county, shall appoint a deputy superintendent of common schools dem. nnten * for such city and county.* Such deputy superintendent shall hold his office for two years, subject to removal by the board of supervisors, on complaint for causes to be stated. A certified copy of every resolution, making such appointment, shall be transmitted by the clerk of the board of supervisors to the super- tendent. Such deputy superintendent shall have power, and it shall be his duty, 1. To visit and examine all the schools and school districts His powers committed to his charge, as often in each year as may be practi- andduties ' cable, having reference to the number of such districts ; to no- tify the inspectors of common schools of the town [ward] of the time appointed to visit the schools in such town [ward], and to invite such inspectors to visit, with him, the said schools, and with such inspectors, if they, or any of them, will attend at such visits, or, without their presence, at any time to inquire into all matters relating to the government, course of instruction, books, studies, discipline and conduct of such schools, and the condition of the school-houses, and of the districts generally; and to ad- vise and counsel with the trustees in relation to their duties, and to recommend to such trustees, and the teachers employed by them, the proper studies, discipline and conduct of the schools, the course of instruction to be pursued, and the books of elemen- tary instruction to be used therein, [and from time to time, and as frequently as need be, to examine and ascertain, and report to the board of education, whether any religious sectarian doc- trine or tenet shall have been practised in any of the schools in the different wards of the city] j 1 2. To examine persons offering themselves as candidates for Ib - teachers of common schools, and to grant them certificates of qua- lification, insuch form as shallbe prescribed by the superintendent; which certificates shall be evidence of the qualification of such teachers in every town [ward] and district of the city and county; 3. By and with the consent of any two inspectors of any town n>. [ward] to annul any certificate granted to any teacher in said town [ward], whenever such teacher shall be found deficient ; 4. And generally, by all the means in his power, to promote Ib - sound education, elevate the character and qualifications of teachers, improve the means of instruction, and advance the in- terests of schools committed to his charge. No. 83. [§ 37.] — Any deputy superintendent may at any time if deputy resign his office to the clerk of the city and county ; and in case demrSgn clerk may * The law provides for the appointment of two deputies whenever there are more a d Interhn. than two hundred school districts in a county. (I) Lawofl842,§14. 3 IS CLERKS OF COMMISSIONERS. of a vacancy in the office from any cause, such clerk may fill the vacancy, until the next meeting of the hoard of supervisors. His powers No. 84. [j 38.] — The deputy superintendent shall be subject and duties. t0 sucn g enera i mles and regulations as the superintendent may, from time to time, prescribe, and appeals from his acts and de- cisions may be made to the superintendent in the same manner, and with the like effect, as in cases now provided by law, and he shall make annually to the superintendent, at such times as shall be appointed by him, a report, in writing, containing the whole aumber of wards in the city and county, distinguishing the wards from which the necessary reports have been made to the clerk of the city and county by the commissioners of com- mon schools, and containing a certified copy of all such reports, with such additional information as the superintendent shall re- quire ; and for that purpose he shall have access to the reports of commissioners, filed with the clerk of the city and county, with- out charge. His fees. No. 85. [§ 39.] — The deputy superintendent shall be allowed two dollars for each day necessarily spent in the discharge of his duties ; but the whole amount of his compensation, in any one year, shall not exceed five hundred dollars, and the amount shall be audited and certified by the board of supervisors of the city and county. One equal moiety of said amount shall be a charge upon the city and county, and shall be raised and paid in the same manner as other charges upon the city and county. The remaining moiety shall be paid by the treasurer on the war- rant of the comptroller, out of the annual surplus now appro- priated to the capital of the common school fund, arising from the income of the monies deposited by the United States. 1 Of the duties of Clerks of Commissioners of the several Wards. cierk of the No. 86. § 43. — It shall be the duty of the town clerk [clerk mineM? °f tne commissioners in each ward], ward ; i. To receive and keep all reports made to the commissioners his duty. £ rom tne trustees of common schools, and all the books and pa- pers belonging to the commissioners, and to file them in his office ; 2. To attend all meetings of the commissioners, and to pre- pare, under their direction, all their reports, and to record the same and their other proceedings in a book to be kept for that purpose ; Ib . 3. To receive all such communications as may be directed to him by the superintendent of common schools, and to dispose of the same in the manner directed therein, and to receive and ib. (1) Law of 1841, Chap. 260, § 36 to 39 inclusive. * CERTAIN SCHOOLS. 19 transmit to the superintendent such returns and papers as he shall, by regulation, require to be transmitted by him ; 4. To transmit to the clerk of the [city and] county, all such ib. reports as may be made for such clerk by the commissioners ; 5. To call together the commissioners, upon receiving notice Ib - from the county clerk [the clerk of the city and county] that they have not made their annual report, for the purpose of making such report ; And generally to do and execute all such things as belong to ib. his office, and may be required of him by the commissioners. No. 87. [§ 31.]— He shall be allowed in his accounts for all R fuS postages actually paid by him on communications from commis- ac . in his sioners of common schools, or from trustees of school districts. Provisions respecting Title to Sites of School Houses. No. 88. [§ 7.] — The title to all lands purchased by virtue of Title shall be the Act of April 11, 1842, Chap. 150, with all the buildings city an? e thereon shall be vested in the city and county of New York. 1 NeT&S!* Provisions as to the Children entitled to attend the Com- mon Schools, and as to Taxes for the Tuition of Children. No. 89. [§ 12.]— All children between the ages of four and hemmed sixteen residing in the city and county, shall be entitled to at- ^^ nd tend any of the common schools therein ; and the parents, s ^ 00 ' guardians, or other persons having the custody or care of such fm^ed for children, shall not be liable to any tax, assessment or imposition, tuiti <>n. for the tuition of any children, other than is hereinbefore men- tioned. 2 Provisions as to certain Enumerated Schools. No. 90. [§ 13.]— The schools of the Public School Society, f^f^ the New York OrphanAsylum School, the Roman Catholic Or- societies ; phan Asylum, the schools of the two Half-Orphan Asylums, the school of the Mechanics' School Society, the Harlem School, the Yorkville Public School, the Manhattan ville Free School, the Hamilton Free School, the Institution for the Blind, the school connected with the Alms House of the said city, and the school of the Association for the Benefit of Colored Orphans, shall be subject t0 subject to the general jurisdiction of the said commissioners of the general the respective wards in which any of the said schools now are, S^mS or hereafter may be located, subject to the direction of the board buTSer of education, but under the immediate government and manage- theimme- ment ot their respective trustees, managers and directors, m the agement of same manner and to the same extent as herein mentioned in res- tive trustees pect to the district schools herein before mentioned, in said city and £jj shall be (1) Law of 1841, Chap. 260. (2) Law of 1842. 20 APPEAL TO SUPERINTENDENT. schools so coimt y 5 an( l> s0 ^ ar as relates to the distribution of the common far as relates school monies, each of the said schools shall be district schools to the distri- c . • j • «, butionof of the said city. 2 school money. Provisions against Sectarian Doctrines and Tenets^ and against a Refusal to permit Visits and Examinations. schools in P — ^° scn00 ^ hereinbefore mentioned or which any which shall be organized under this law in which any religious SocKe&c. sectarian doctrine or tenet shall be taught, inculcated or prac- tangbtTftc ^ sec ^! or which shall refuse to permit the visits and examinations andVhoois' provided by this law, shall be entitled to receive any portion admitvLiti of the school monies to be distributed by this law ; and it shall natloSThaii De tne duty of the trustees, inspectors and commissioners of schooT eive schools, m eacu ward, and of the deputy superintendent of money. schools, from time to time, and as frequently as need be, to examine and ascertain, and report to the board of education whether any religious sectarian doctrine or tenet shall have been •cftSoioffl lau ? nt > inculcated or practised in any of the schools in their cersinreia- respective wards. The board of education and any member offences UCh thereof, may at any time visit any school subject to the pro- visions of this law. 1 Appeal to Superintendent. Appeaito No. 92. § 110. — Any person conceiving himself aggrieved in superimen- consequence of any decision made dent of com- » . ' . r . , r . monschoois. By the commissioners oi common schools in retusing to pay any school money to any school district ; By the trustees of any district in paying any teacher or refusing to pay him ; [Or concerning any of the acts or decisions of the deputy superintendent f] Or concerning any other matter under the provisions of the Revised Statutes concerning schools applicable to the city and county ; May appeal to the superintendent of common schools whose decision thereof shall be final.* (1) Law of 1842. (2) Law of 1841, Chap. 260, § 38. * No provision is made by the Law of 1842 for an appeal to the superintendent. The provisions in the Revised Statutes on the subject of appeals, are confined to par- ticular specified cases and to matters under that Tide of the Revised Statutes. MISCELLANEOUS PROVISIONS. 21 commis- sioners and trustees to MISCELLANEOUS PROVISIONS. No. 93. [§ 6.] — Commissioners of common schools, and Penalty for 'trustees of school districts refusing or wilfully neglecting to"" make any report or to perform any other duty required by law, or by regulations or decisions made under the authority of any jJPJJJ^ 1, statute, shall severally forfeit to their town [ward], as the case duty, may be, for the use of the common schools therein, the sum of ten dollars for each such neglect or refusal, which penalty shall be sued for and collected by the supervisor of the town,* and To be sued paid over to the proper officers to be distributed for the benefit of supervisor, the common schools in the town or district [ward] to which such penalty belongs ; and when the share of school money apportioned to any town or district [ward], or any portions thereof, or any money to which a town [ward] or school district would have been entitled, shall be lost in consequence of any wilful They shsll neglect of official duty by any commissioners of common f °^ f t0 the schools, or trustees of school districts, the officers guilty of such town or dis- ne^lect shall forfeit to the town or district [ward] the full amount, SSSJunUost with interest, of the monies so lost ; and they shall be jointly ^ y ea fett and severally liable for the payment of such forfeiture. 1 No. 94. [§33.] — In any suit which shall hereafter be com- costs in suits menced against commissioners of common schools, or officers of mon n 2hoo?" school districts, for any act performed by virtue of, or under offi cers. color, of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the sub- ject of an appeal to'the superintendent, no costs shall be allowed to the plaintiff in cases where the court shall certify that it ap- peared on the trial of the cause that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent. 2 No. 95. [§ 15.] — A school for colored children may be estab- schools for lished in any city or town of this state, with the approbation of children, the commissioners of common schools of such city or town, which shall be under the charge of the trustees of the district in which such school shall be kept. Returns shall be made by the trustees of such schools to the commissioners of common schools, at the same time and in the same manner as now pro- vided by law in relation to districts. The commissioners [the board of education] shall apportion and [and the commissioners shall] pay over to the trustees of such schools, a portion of the money received by them annually, in the same manner as now provided -by law in respect to school districts, allowing to such (1) Law of 1839, Chap. 330, § 6. (2) Law of 1841. Chap. 260, § 33. * This part of the law is inapplicable as there is no such officer in the city as the supervisor of a ward. 22 MISCELLANEOUS PROVISIONS. schools the proper proportion for each child over five [four] and under sixteen years, who shall have been instructed in such school at least four [nine] months by a teacher duly licensed ; and in their reports to the superintendent the commissioners shall specially designate the schools lor colored children in their town or city. 1 prTaTeV be No. 96. [§ 43.]— The superintendent of common schools may cause to be printed a sufficient number of forms of reports by trustees of school districts and commissioners of common schools, and of lists of pupils attending schools, and cause them to be transmitted to the several county clerks, for the use of those officers and teachers of schools ; and he shall cause Title school act second of Chapter fifteen and Part First of the Revised Statutes ments'toTe t0 ^ e printed and shall insert therein all acts and parts of acts primed. which have been passed by the Legislature, connected with the subjects of the said Title, which are now in force ; and where any provisions of the said Title have been altered by sub- sequent acts, such provisions shall be varied so as to make them conformable to such alteration, but the original numbers of the sections shall be indicated in such mode as he shall jud^e proper. Copies of the said Title so amended shall be trans- mitted to the commissioners of common schools, and all other officers charged with the performance of any duty under its provisions, with such explanations and instructions as may be deemed expedient. 2 (1) Law of 1841, Chap. 260, § 15. (2) Law of 1841, Chap. 260, § 43. r INDEX TO THE COMPILATION OF THE LAWS RELATING TO COMON SCHOOLS, APPLICABLE TO THE CITY AND COUNTY OF NEW-YORK. THE FIGURES RELATE TO THE SEVERAL SECTIONS AS NUMBERED A. Account and Hfinute Books. No. Trustees of ward to keep a book of ac- counts, and also a book of minutes, .... 69 Banks. Certain school monies to be deposited therein, 7, 26 To be designated by the supervisors 7, 26 Board of Education. How constituted 13 May appoint a clerk, II, 13 Officers of, and regular meetings, 13 Reports to be made to this board by cer- tain school officers, with the cases speci- fied, 14, 28, 91 To visit and examine schools, 15, 91 To apply all monies for the purchase and lease of school-houses and lots, 16 To apportion school money among the several schools and districts, and to pay the same to ward commissioners, 16 To file certificate of the apportionment of the school money with the chamberlain, 16 Manner of making apportiomment of school money 17, 13, 19, 21, 28 Its jurisdiction over Enumerated Schools,. 49 Bonds. Commissioners to give bonds, 23 C. Chamberlain. To apply for and receive the share of school money apportioned to the city, . . No To deposit certain monies in bank, to the credit of the commissioners of common schools, 7 Report of the apportionment of school monies to be made to him by the board ofeducation, 16 Chamberlain to deposit, to the credit of the commissioners of the respective wards, the amount apportioned to their ward by the board ofeducation, 26 To receive back from ward commissioners school monies not appropriated by them for two years, 33 Children Entitled. Who entitled to education in common schools, 17, 89 City of New- York. What school laws applicable to, 2 Clerk of the City and County. To notify board of supervisors of the amount of school money apportioned to to the city, 5 To fill vacancy in the office of deputy su- perintendent 10, 82 To receive annual report from ward com- missioners 34 Clerk of the city and county shall give notice of failure of commissioners to make annual report, 35 Clerk of the Board of Education. His appointment 11 His compensation, 11 Clerk of the Ward Commissioners. His appointment, 12 24 INDEX. No. Hia compensation, 12 His duties, ' 86 Shall be allowed for postages, :.. 87 Colored Children. See Schools for Colored Children. Commissioners. Powers and duties,.. 3, 14, 24, 28, 29, 30, 31. 32, 33, 34, 39, 4u, 41, 43, 44, 46, 48, 49 How elected 8 |-j ow Compensation. No. To report to the board of education the necessity for organizing schools in the wards To report to said board the teaching, 6lc. of sectarian doctrines, &c. ... 14, 24, 62, Individual commissioners to report to said boar. I the result of their examinations Of certain officers, fixed by supervi sors 85, 11, 12, 47, 52 Of deputy superintendent 86 No compensation to commissioners 47, or inspectors 52, nor trustees 67. I>. D'puty Superintendent. ippointed. 9, 82 Tenure of office, 9,82 Vacancy on resignation, how filled, 10, 83 |To report to the board of education the I teaching, &c. of sectarian doctrine, &c. 14, 91 91 May grant and annul certificate of qualifi- cation to teachers, 73, 82 General powers and duties, 82, 84 of schools,.. . .... — . ^ Subject to the directions of superinten- To report to said board all reports to them , (j ent ' from the inspectors and trustees of |Appeali Yrom his dVcWonsYo the superin- tendent of common schools, 84, 92 His compensation, 85 23 wards, 14, 2; To give bonds for performance of duty, &c, Ward commissioners shall draw for and apply the monies apportioned to their wards by the board of education agree- ably to such apportionment, 26 Commissioners of each ward to pay to certain Enumerated Schools the school money assigned to them 26 Commissioners of each ward shall be also inspectors Ihereof, 27, 53 Shall make an annual report to the county clerk, making certain specified state Districts. See School Districts. E. Examination and Visitation of Schools. IS forfeiture for their neglect to L_ uu ■"■»• "J uwpwuw*. ui lal report 36 93 Mature ol inspectors and commissioners y cominia8ioneiV/8V/iV42 1 '43] examination of Enumerated Schools; Ad a\ Ai\ no also of examinations by board of educa- Examinations by the board of education, • Forfeiture for refusing to admit examina- tions 17 merits ,°. . . . .7. . . . r . .".T.T. ... 34 35 Examinations of all schools in a ward to Penalty and VorfeVture* for their'neglecVto ' I be made by inspectors, 61,62 make annu< ' Forfeitures by ~~ 44 4"> 49 93 a ' so °* examinations by Commissioners to keep an account'of' tion and deputy superintendent ... . 62 school monies, and render the same, Examinations by deputy superintendent, 82 and pay balance to their successors, 29 40 Enumerated Schools. 41. 42 Commissioners of wards to have the pow- Schools described 90 ers and privileges of a corporation so Commissioners of each ward to pay to far as relates to taking, holding, and ' them their share «>f the school money,. 26 transferring school property, 46 Said schools may be visited and examined Commissioners to receive no compensa- 1 by the ward commissioners,. . . 48 tion for services beyond their expenses, 47 Nature of the jurisdiction of the ward Commissioners may visit and examine ; commissioners and board of education the Enumerated Schools 48 ove r the se schools 49, 90 And have a general jurisdiction over These schools under the immediate gov- them, 49 ernment of their own trustees, &c.,.. 49, 90 May be' sued by trustees for non-payment Enumerated Schools are not to be visited of monies apportioned to any district.. 70 and examined by ward inspectors with Shall receive an annual report from trus- I relation to progress, order, government t ees 71 72 or course of studies, 62 ApWii^m > A^ a deci8ioM.V//.V/. a /.. '92 Nature of the examinations of these I schools, 62 These schools are district schools so far Costs of Suits. See Suits. as relates to the distribution of school money, 90 INDEX. 25 F. Forfeitures and Penalties. No. Causes of forfeiture of a share of the school monies, 17, 18, 19 Penalty of commissioners' bonds, 23 Suits for penalties, &c. in certain cases, 31 Penally for neglecting to make annual report, 36 Forfeitures by commissioners, ..37, 38, 42, 43, 44, 45, 4y, 93 Penalty for false report by trustee, 74 Forfeitures by trustees, 79, 60, 93 Forfeiture for teaching sectarian doctrine, &c, . 91 I. Inspectors. Powers and duties,.. 3, 13, 14, 28, 50, 54, 55, 56, 57, 58, 59, 60, 61 How elected, 8 To report to the board of education the necessity for organizing schools in the wards, 14 To report to said board the teaching, &c. of sectarian doctrine's, &c 14, 51, 62, 91 Commissioners are also inspectors, .... 27, 53 Inspectors to receive no compensation beyond their expenses 52 Their powers and duties in relation to the examination of teachers, 54, 55, 56, 57, 58, 59, 60 To visit, examine, &c. all common schools within their ward, 61, 62 Nature of their examination of the Enu- merated Schools, 62 Inspectors may be assigned to a certain number of districts, 13 Laws relating to Common Schools. Certain school laws, to be printed under the direction of the superintendent of common schools, 9fi Shall be forwarded to school officers,. ... 96 M. Minute Book. See Account Books. N. New- York, City of . See City of New-York. Penalties and Forfeitures. See Forfeitures. Postages. No. Postages allowed to clerk of the ward commissioners, 87 R. Reports. Blank forms furnished, how, 96 Forfeiture of school money for neglect- ing to make annual report 18 Annual report of commissioners, date and statements, 34 Neglect of commissioners to make annual report, : 35, 36 Annual report of trustees to the commis- sioners, date and statements, 71,72 F alse report by trustees, penalty for, 74 S. Schools certain Enumerated. See Enumerated Schools. Schools for Colored Children. Provisions made for such schools, 95 School Districts. Alteration of, subsequent to the Annual Report 21 Organization of 28 To be described and numbered by the commissioners, 30 Details respecting them in each ward to be annually reported by commissioners to county clerk, 34 A certain number of districts assigned to one inspector, 63 School Houses. Shall be under the custody of the trus- tees, 68 Titie to school-houses and lands is vested in the city and county of New- York,.. 88 School Laws. See Laws. School Money. To be applied for and received by cham- berlain as apportioned to the city, 4 The amount apportioned to the city to be notified by the county clerk to the su- pervisors, 5 Conditions on which schools shall be en- titled to a share thereof 17 Improper expenditure, penalty for, 19 Accidental omission to apportion 20 School money to be apportioned and ap- plied to its proper uses by the board of education. 16, 17, 18, 19, 21 Money apportioned by the board of edu- cation to any ward to be deposited to the credit of the commissioners of that ward by the chamberlain in some bank designated by the supervisors, 26 26 INDEX. School money to be paid by ward com- missioners to certain Enumerated Schools, School monies remaining one year in the band* of commissioners, how disposed of - Money not appropriated for two years to he returned to the chamberlain, Schod Officers. Enumeration of them, see Art. III. and seq Powers and duties, Costs in suits against, No. 26 32 33 Taxes. Certain taxes to be laid by supervisors for the support of common schools, No tax shall be laid or paid for the tuition of children other than that provided by law, Teachers. No. 89 School Property. Powers of commissioners with regard to school property, School property held by trustees as a cor- poration, Sectarian Doctrines, SfC. When taught, Arc. in any school to be as- certained and reported by commission- ers, inspectors, trustees and deputy superintendent, to the board of educa- tion, 14,24, 62, 66, 62, Forfeiture for teaching sectarian doctrine, &c, 17, Suits and costs thereof Commissioners of wards shall sue in cer- tain cases,. Suits against commissioners for forfeit- ures,. 43 44, 45, 70, Suits against trustees, SO, 81, Costs in suits against school officers, Superintendent of Common Schools. He may correct an accidental omission to apportion money to a district school,.... May at any time call for information from the commissioners of wards, To receive from supervisors certificate of the appointment of deputy superinten- dent,.. • Shall have directive and appellate pow- er with regard to deputy superinten- dent, 84, Appeals to, in what cases, Certain duties of superintendent, Supervisors- To lay certain taxes for the support of common schools,.. To fix certain compensations, 11, 12,47,52, To receive certificate of visits from ward trustees, Shall appoint deputy superintendent, &c. Examination of, by inspectors, 54, 55, 56, 57, 3 58, 59, 60 94 Employed and paid by trustees, '8 Qualifications of, 73 ■it; •glTo report to the board of education teaching, &.c. of sectarian doctrir 91 20 3^ Trusters. Powers and duties, 3, 'J8, 64, 65, 68. 77, 78, 80 How elected, the nes, 2, 66, 91 To certify to the commissioners and in- spectors the necessity of organizing schools,. 65 Shall receive no compensation, 67 To have the custody of district school- houses,.. ' 68 To contract with and pay teachers, ••. . 68 91 To keep two books, viz. of Accounts and of Minutes, 69 To sue commissioners for monies unpaid, 70 To make annual report to the commission- ers, 71, 72 Penalty for false leport by trustees, • • • . 74 Trustees shall certify to the board of su. pervisors how often their schools have been visited by inspectors and deputy superintendent, 75 Trustees to hold school property as a cor- poration, 76 Trustees to account to their successors, and to pay over balances, 77, 78, 79, 80, 81 Appeals from their decisions, 92 Forfeitures by trustees, 79, 80, 93 Suits against trustees, 80, 81, 93 82 Visitation and Examination of Schools. See Examinations. W. Wards. Of the city, considered as towns for the purposes of common schools,. 1 Remedy of ward for loss of its share of school money by neglect of commission- ers,.... • 37, 38 A DIGEST OF THE COMMON SCHOOL LAW, APPLICABLE TO THE CITY AND COUNTY OF NEW-YORK. A DIGEST OF THE COMMON SCHOOL LAW, APPLICABLE TO THE CITY AND COUNTY OF NEW-YORK. [All the provisions of the act of April 11th, 1842, chapter 150, to extend to the city and county of New-York the provisions of the general act in relation to common schools, and such provisions of the Revised Statutes and of subsequent laws as are by that act extended to the city and county of New-York, are embodied in this Digest. The original number of each section is in all cases retained, whether it was a part of the Revised Statutes, or was taken from some subsequent act. In the latter case, there is a reference to a note at the foot of the page, which gives the particular chapter from which the section is taken, and its number is enclosed within brackets, in order to distinguish it from the sections of the Revised Statutes, which are printed with the section mark only. When there is no reference to any chapter, the sections are taken from the Revised Statutes, Title II. Chapter XV. Part L The letters R. S. refer to this Title of the Revised Statutes. When the law of 1842 is referred to, the abovementioned act, chapter 150, is intended. When the law of 1841 is referred to, chapter 260 of the laws of that year is intended. To facilitate reference to them, the sections in this Digest are also numbered con- tinuously from the first to the last, without regard to the statutes from which they are taken. The index at the end refers to these numbers.] Object of the Law of April llth, 1842. No. 1.— The object of the act of April llth, 1842, chapter General & 150, as disclosed in its title in connection with its enacting law of April clauses, is to extend to the city and county of New- York, the llth ' 1842, provisions of the general act in relation to common schools, with various qualifications and modifications. Names and Character of Officers to be elected. No. 2. [§ 3.] — The character of towns is affixed for the pur- commis- poses of the act, to the different wards of the city. — [§ 1.] Two JTctor's/ali'd commissioners, two inspectors, and five trustees of common Selected^ schools are to be elected in each of the wards, with the like each ward - powers and duties of similar officers in towns, except that the 30 .SUPERVISORS — BOARD OF EDUCATION. trustees of each ward are to be trustees of all the school dis- tricts in their ward. 1 Deputy su- ^Vb. 3. [§ 36.] — A deputy superintendent of common schools enttobeap- for the city is to be appointed by the board of supervisors, to Tenure" of hold ms office for two years, subject to removal by the board of office. supervisors on complaint for cause stated ; [§ 37] and with power to resign his office at any time to the clerk of the city, !?on. rcsl?na who may fill the vacancy until the next meeting of the board of supervisors. 2 City cham- Chamberlain's duty in respect to School Fund. berlain to and y rec°Jive 4 - h 13 —The chamberlain of the city is to apply for he school an d receive the portion of the school fund allotted to the citv. money. 1 * Board of Supervisors. The board of No. 5. [I 9.] — The board of supervisors of the city, on re- to raise by 8 ceiving a notice of the amount of their portion from the clerk amount °f ^ e c ^Yj (which notice it is his duty to give, [§ 8]) are to equal to raise bv tax a sum equal to that amount in the same manner as their portion * . . 1 _ _ _ , ofthe school the contingent charges of the city are collected, and to direct that a sum of money equal to that last received by the chamber- lain from the common school fund, together with the portion so received from the school fund, be deposited by the chamberlain in some incorporated bank designated by the supervisors, to the JchooPfunds credit of the commissioners in each ward, in the proportions in to the credit which they shall be respectively entitled. 1 * These monies ofward com- J . r J missioners are to be applied exclusively to the payment 01 the compensation m an ' of qualified teachers.t Also, one- No. 6. [§ 9.] — In addition to these sums, the board of super- twentieth of . L . J . « ■ , . 5 j one per cent visors are to raise by the same tax a sum equal to one-twentieth real an? per- °f one P er ceni °f tne value of the real and personal property sonai pro- m the citv liable to be assessed therein, to be applied exclusively perty in the . - _ . . ' . *, r . . ' city; and to the purposes ot common schools ; and such further sum as sum a f s may F may be necessary for the support and benefit of common schools beneces- m tQe c [{y^ an( j which shall be in lieu of all taxes and assess- ments to the support of common schools for said city. 1 Board of Education. Board of No. 7. [§ 1.] — The board of education is composed of the education. comm i ss i oners f schools for the different wards, a majority of whom constitute a quorum. They are to elect one of their num- cilrk dent ' Der president of the board, and to appoint a clerk, whose com- pensation is to be fixed and paid by the supervisors of the city. (1) Law of 1S42. (2) Law of 1841. (+) R. S., § 24. * These proportions will be shown by the copy of the apportionment made by the board of education, and filed with the chamberlain of the city as hereinafter men- tioned (in No. 8). BOARD OF EDUCATION. 31 The president is to preside at the meetings of the board, which are to be held at least as often as once in three months. No. 8. T§ 7, 14.1 — Their duties are. to receive certificates and? e P° r L sto L • i i J . . . , _ , be made to reports, winch the commissioners, inspectors, and trustees oi the the Board, several wards, and the deputy superintendent are authorized to make to them [§ 15] ; to apply, for the use of the several dis- tricts, such monies as shall be raised to erect, purchase, or lease JJ°£ esofthe school-houses, or to procure the sites thereof; to apportion among the several schools and districts* provided for by the act Apportfoa- of 11th April, 1842, the school monies to be paid over to the'g^JJJJ* commissioners of each ward, according to the average number schools and of children over four and under sixteen years of age, who shall 1&tncts- have actually attended such schools the preceding year, exclud- ing from such apportionment, however, all districts with regard to which it shall not appear by the reports hereinafter mentioned, No. 52, that all monies received from the commissioners during the previous year, have been applied to the payment of the compensation of qualified teachers. 1 and any school that has not been kept open at least nine months in the year, or in which any religious sectarian doctrine or tenet Causes of shall have been taught, inculcated, or practised,! or which shall fe ^J ,reof refuse to permit the visits and examinations of the board of monies, education or any of its members, or of the deputy superintend- ent of schools, or of the inspectors or trustees of the ward in which it is ; and to file with the chamberlain on or before the fifteenth day of April in every year a copy of such ap- portionment. 2 No. 9. § 26. [§ 1.] — If any district school shall be formed JgygJ^ after the date 3 of the annual reports, the board of education are met formed to include such school in their apportionment, ascertaining the report"""* 1 number of children by the best means in their power. t 4 No. 10. [§ 2.] — Whenever an apportionment to a school shall f e nfi°"may not be made, in consequence of an accidental omission to re- direct a PP or- 1 tionment (1) R. S., § 24. (2) Law of 1842. (3) Law of 1841, chapter 261, § 1. (4) R. 8., § 26 ; Laws of 1831, chapter 206. * These are the schools hereinafter named. (No. 76,) and such district schools as may he organized "t The duty therefore rests upon the board of education of deciding" whether any Duty of of these schools has incurred this penalty ; and, to assist them in performing - it, they ooarf] of ed and all the members severally are authorized to visit and examine these schools, and JfoJdfeSJJreiL they are also to receive reports from the deputy superintendent and the commission- ers, inspectors, and trustees of the different wards It is not only an important hut a delicate duty, especially as the provisions for an appeal in certain cases to the superintendent, contained informer laws, are not em- bodied in the act of 1842, and consequently do not, it is believed, extend to the exer- cise of this power. t The law, in terms, is cjnfined to school commissioners of each town, and cannot be applied to the city, without accommodating to the board of education the provi- sio ns which are applicable in the general act to such commissioners, whether sush an accommodation does not exceed the just limits of a mere compilation is worthy of consideration. But following the well-established rule of jurisprudence by which effect is given to the* equity of a statute, and considering the necessity and justice of these provisions, it is on the whole believed to be right to adopt them, w-ith this accom- modation, as a part of the school system of the city. 32 COMMISSIONERS. when the omission to report is accidental. Visits and examina- tions of schools by the board. port, or to comply with any provision of law or any regulation, the superintendent may direct an apportionment to be made to such district, according- to the equitable circumstances of the case, out of the public money on hand, or if that shall have been distributed, out of the public money to be received in the following year. 1 No. 11. [§ 14.] — The board and any member of it may at any time visit -and examine any district school, or any of the schools hereinafter named, (in No. 76). 2 Organization of school districts. School- house, i o to any dis- hands the same shall be, or to pursue such other remedy for the trfct. recovery thereof as is or shall be given by law. No. 29. § 42. — The commissioners of each ward have the commis- powers and privileges of a corporation, so far as to enable them hav/Se* to take and hold any property transferred to them for the use of corporation common schools in such ward. with regard to school property. No. 30. § 44. — The commissioners of each ward, together sectors" 1 " with the other inspectors elected in their ward, are inspectors of common schools for that ward. No. 31. [§ 14.] — Any commissioner may at any time visit and Any com- examine any of the schools hereinafter named, (in No. 76,) or may visit any school organized as a district school in the city. He is re- ally Sot" 6 quired to report to the board of education the result of his ex- aminations. 2 No. 32. [§ 5.] — Commissioners are allowed nothing for any Sonera 8 ^ services performed by them, but are entitled to receive their J^^no actual and reasonable expenses while attending to the duties oftionbut' their office, to be audited and allowed by the supervisors. 2 reasonable expenses. No. 33. [§ 33.] — In suits against commissioners for acts done *°£°fc 0m under color of office, or refusals or omissions to perform duties missioned which might have been the subject of an appeal to the superin- S3?*" tendent. no costs shall be allowed to the plaintiff where the court shall certify that it appeared on the trial that the defend- ant acted in good faith. But this provision does not extend to suits for penalties, nor to suits or proceedings to enforce the de- cisions of the superintendent. 3 No. 34. [§13.] — The commissioners of each ward have aCommis- general jurisdiction, subject to the direction of the board of edu- wards to cation, over any of the schools hereinafter named, (in No. 76,) r^ilaiS' which may be located in their ward, in the same manner and to tiori ° f seve - the same extent as district schools, but such schools shall be rated Schools ; but the schools (1) Law of 1839, Chap. 330. (2) Law of 1842. (3) Law of 1841. tht imme- diate govern- ment of the 36 INSPECTORS own mis- lin d er the immediate government and management of their res- tees,^. O n pective trustees, managers, and directors. 1 Monies one No. 35. § 27. — All monies remaining in the hands of com- Jands n f missioners lor one year, by reason of trustees neglecting or re- ™ s mmisslon ' fusing to receive the same, are to he added to the monies next thereafter apportioned, and apportioned and paid therewith, and in the same manner. retained to ^ — ^ an y sucn momes shall remain in their chamber- hands for two years, by reason of the non-compliance of all the school districts in their ward with the provisions of the law, they shall be returned by them to the chamberlain of the city and county, to be by him apportioned and distributed, together and in the same manner with the monies next thereafter to be received by him for the use of common schools. Inspectors of Common Schools. commis- No. 37. [§7.1 — The inspectors of common schools in each sioners and L J r . , ■ inspectors ward are to act with the commissioners as hereinbefore men- Jointiy in tioned, (No. 12,) in deciding upon the necessity of organizing district schools, and in organizing school districts, and procuring school houses and other things necessary to organize such dis- trict schools. 1 inspectors No. 38. [§ 14.] — It is their duty from time to time, and as often a°nd S ?e e i)ort n if as uee & °e, to examine and ascertain and report to the board of an ndoc l trine education whether any religious sectarian doctrine or tenet shall &c. is taught have been taught, inculcated, or practised in any of the schools fchooUn y of their ward." their ward. certain cases. Their duty to No. 39. § 45, 46, 47. — It is their duty to examine candidates teacders and for teaching common schools, and to ascertain the qualifications ?ates. cerUfi °f sucn candidates as to moral character, learning, and ability, and to deliver to every such candidate with whose qualifications they shall be satisfied, a certificate signed by them in the form toJs suffi pec prescribed by the superintendent of common schools. (It is not cient to necessary for more than two inspectors to meet and certify to the cfrtTf y neand qualifications of any teacher.) 3 Any three No. 40. § 48. — Any three inspectors may annul any such cer- mayannui tificate given by them or their predecessors in office, when they such certifi- shall think proper, giving ten days previous notice in writing of their intention to the teacher holding it, and to the trustees of the ward in which he may be employed. But the annulling of any certificate shall not disqualify the teacher, until a note thereof in writing, containing his name, and the time when his certifi- (1) Law of 1842. (2) Law of 1841, Chap. 260. (3) Law of 1841, § 6. * This provision includes the schools hereinafter named in No. 76, and necessa- rily implies that the inspectors (for this purpose only) have a right to visit any of these schools in their ward. TRUSTEES. 37 cate was annulled, shall be made by the inspectors and filed in the office of the clerk of the commissioners of the ward. No. 41 . § 49. — The inspectors may subject any teacher in inspectors their ward to a re-examination as to his qualifications, whenever ™y teSher they shall deem it necessary. £a h £eSE! ination. No. 42, § 52, 53. — It is their duty to visit all duly organized Duty as to common schools in their ward as often as once a year, and oftener Soil if they shall deem it necessary ; and at such visitation to examine into the state and condition of such schools, both as it respects the progress of the scholars in learning and the good order of the schools ; and they may give their advice and direction to the trustees and teachers of such schools as to the government thereof and the course of studies to be pursued therein.* No. 43. § 54. — Any inspector by agreement with, or direction of ib. the other inspectors may be assigned to a certain number of dis- tricts, which it shall be his special duty to visit and inspect. No. 44. § 5. — Inspectors are allowed no compensation for any n compen services, but they are entitled to their actual and reasonable ex- edbmactuti penses while attending to the duties of their office, to be audited gep^d es 10 and allowed by the supervisors of the city. 1 Trustees of Common Schools. No. 45. [§ 1] — The trustees of common schools of each ward ° f shall be trustees of the school districts which may be formed Inward to therein. 1 be trustees of school districts, formed therein. No. 46. [§ 7.] — They are to certify in writing to the commis- Trustees to sioners and inspectors of their ward, (when they think it right,) necessityof that it is necessary to organize one or more schools in said ward df| t r?i? ng in addition to the schools hereinafter named (in No. 76). 1 schools. No. 47. [§14.] — They are from time to time and as fre- They are to quently as need be, to examine and ascertain and report to the Ac-Ystosec- board of education whether any religious sectarian doctrine or {n"e n &c. c " tenet shall have been taught, inculcated or practised, in any of J* 1 ^ 1 * c - the schools in their ward. 1 ! school. No. 48. § 75. — They are to have the custody and safe keep- Jus^dyVf 6 ing of the district school houses ; fcSS" houses. To contract with and employ all teachers in the dis- J ^achera 1 trict; To pay the wages of the teachers when qualified out of And paying them. (1) Law of 1842. * This provision does not extend to the schools named in No. 76, which are dis- trict schools only so far as relates to the distribution of the school fund, f See note to No. 33. 38 TRUSTEES. To procure blank books To sue com- missioners for neglect to pay monies apportioned. Annual report of How made. To contain certain statements. Qualified teachers. Inspection of schools to be certified by trustees. the monies which shall come into their hands from the commis- sioners of common schools ; No. 49. § 11. — To procure for the use of each district of their ward, two bound blank books from time to time as shall be ne- cessary ; in one of which an account of all monies received and paid by them, and of all moveable property belonging to the district, shall be entered at large and signed by them. In the other the teacher shall enter the names of the scholars attending school, and the number of days they shall have respectively attended, and also the days on which such school shall have been inspected by the deputy superintendent and the inspectors of common schools for the ward, which entries shall be verified by the oath or affirmation of the teacher. The said books shall be preserved by the trustees as the property of the district, and shall be delivered to their successors. No. 50. § 90. — To sue commissioners for monies in their hands, apportioned to a district, which they have neglected to pay over. (See No. 26.) No. 51. § 91, 92. — They are after the first day of January in every year, and on or before the 1st day of March thereof, to make and transmit to the commissioners of common schools of their ward, a report in writing, dated on the first day of January in that year, and signed and certified by a majority of the trustees making it, specifying, 1. The whole time each district school in their ward has been kept during the year ending on the day previous to such first day of January, and distinguishing what portion of the time such school has been kept by qualified teachers. 2. The amount of monies received from the commissioners of common schools during such year, and the manner in which snch monies have been expended. 3. The number of children taught in each district of their ward during such year. 4. § 1. The amount of money paid for teachers' wages in addition to the public money paid therefor, and such other in- formation in relation to the schools and the districts in their ward, as the superintendent may from time to time require. No. 52. § 93. — No teacher is to be deemed a qualified teacher unless he holds a certificate of qualification dated within one year from the inspectors of common schools for the ward in which he shall be employed, or from the deputy superintendent of the city. No. 53. [§ 12.] — The trustees of every ward are to certify to the board of supervisors, within one week before their annual meeting the number of times each of the district schools in their ward has been visited and inspected by the deputy superin- tendent and the inspectors of schools of their ward, which cer- TRUSTEES. 39 tificate shall be laid before the board of supervisors at their an- nual meeting. 1 No. 54. § 97. — The trustees of each ward are to hold as a JKJJJS corporation all property vested in them now or hereafter, for the property as r i i • ,i i a corpora- USe of schools in the ward. tion. No. 55. § 9S, 99, 100, 101. — They are, on the expiration of Trustees to their offices, to render to their successors a just and true account eoun " in writing, of all monies received by them respectively for the use of the districts of their ward, and of the manner in which the same shall have been expended, and to pay over immediately to some one or more of their successors any balance which shall t ^ s * n ^ c e e P aid appear from such, account to be in their hands ; and if they neg- sors. lect to render such account, or pay over such balance, they shall for each offence forfeit twenty-five dollars, for which for-^ /^^ feiture their successors in office shall prosecute without delay in their name of office, and apply the monies recovered by them to the use and benefit of their district schools. No. 56. § 102. — Such successors shall have the same remedies Remedy for the recovery of any such unpaid balance as are given to former commissioners of schools against a former commissioner, and trustees " the monies recovered shall be applied to the use of their districts in the same manner as if they had been paid without suit. Such trustees are subject to the following forfeitures : No. 57. § 96. — For signing a false report to the commissioners ^s e al r J P o r r t of their ward with the intent of procuring for their ward a larger share than its just proportion of school monies, twenty- five dollars ; and they shall for such act be deemed guilty of a misdemeanor. No. 5S. [§ 100.]— For refusal or neglect (as already men- Kegkct. tioned) to render an account or to pay any balance to their successors, twenty- five dollars. No. 59. [§ 6.] — For refusing or wilfully neglecting to make Ib . any report or to perform any other duty required by law, or by regulation or direction made under the authority of any statute, the sum of ten dollars for each such neglect or refusal. 2 No. 60. [§ 6.] — And when the share of any school money Ib apportioned to any ward or any portion thereof, or any money to which a district or ward would have been entitled shall be lost in consequence of any wilful neglect of official duty by any trustees, they shall forfeit to the ward the full amount with interest of any monies so lost and shall be jointly and severally liable for the payment of such forfeiture. 2 No. 61. [§ 5.]— They are entitled to no compensation for any ^ io c n ompen - services performed by them. 3 uSeV (1) Law of 1841, Chap. 260. (2) Law of 1839, Chap. 330. (3) Law of 1842. 40 DEPUTY SUPERINTENDENT. Deputy Superintendent of Schools. Deputy No. 62. [§ 36.] — The board of supervisors are to appoint a superintend- deputy superintendent of common schools for the city, (and the clerk is to transmit a certified copy of his appointment to the superintendent;) who shall hold his office for two years subject to removal by the board of supervisors, on complaint for causes to be stated. 1 iiis powers No. 63. [§ 36.] — He is to visit and examine the schools under and duties. ^ cnar g e as f tetl as practicable, having reference to the number of districts ; to notify the school inspectors of the ward pre- viously of the time of his visits and to invite them to join him in such visits, and with such of the inspectors as may attend or without them proceed at any time to inquire into all matters relating to the government, course of instruction, books, studies, discipline and conduct of such schools, and the condition of the school houses and of the districts generally, and to advise and counsel with the trustees in relation to their duties, and to recommend to trustees and teachers the proper studies, discipline and conduct of the schools, the course of instruction to be pur- sued, and the books of elementary instruction to be used therein, 1 and from time to time and as frequently as need be, to examine and ascertain and report to the board of education whether any religious sectarian doctrine or tenet shall have been taught, in- culcated or practised in any of the schools in the different wards in the city. No. 64. [§ 36.] — To examine candidates for teaching and to Ib - grant them certificates of qualification in the form to be pre- scribed by the superintendent, which shall be evidence of the qualification of the teachers in every ward of the city. 1 ib. No. 65. [§ 36.] — By and with the consent of any two in- spectors of any ward to annul any certificate granted to any teacher in said ward, whenever such teacher shall be found deficient. 1 ib. No. 66. [§ 36.] — And generally by all the means in his power to promote sound education, elevate the character and qualifica- tions of teachers, improve the means of instruction, and advance the interests of the schools under his charge. 1 ib- No. 67. [§ 38.] — He shall be subject to such general rules and regulations as the superintendent may from time to time pre- scribe, and appeals from his acts and decisions may be made to the superintendent in the same manner and with the like effect as in cases now provided bylaw, and he shall annually, at times to be appointed by the superintendent, make a report to him of (1) Law of 1841, Chap. 260. CLERK OF WARD COMMISSIONERS. 41 the whole number of wards in the city, distinguishing those from which the necessary reports have been made to the clerk of the city, with any additional information required by the su- perintendent ; and for that purpose he shall have access without charge to the reports of the commissioners filed with such clerk 1 No. 68. [§ 39.]— He shall be allowed two dollars for each day ttis fees> necessarily spent in the discharge of his duties ; (but the whole amount in a year shall not exceed five hundred dollars,) to be audited and certified by the board of supervisors ; one half to be a charge upon the city and raised like other charges on the city ; the other half to be paid by the treasurer, on the warrant of the comptroller, out of the annual surplus appropriated to the capital of the school fund arising from the income of the monies deposited by the United States. 1 No. 69. [§ 37.] — He may at any time resign his office to the if deputy clerk of the city, who may fill a vacancy from any cause in the em VeS 1 ^' office until the next meeting of the board of supervisors. 1 im vacancy ad interim. The Clerk of the Commissioners of each Ward. No. 70. § 43. — The clerk of the Commissioners of each ward is to receive and keep on file in his office all reports to the cSuJ commissioners from the trustees, and all books and papers of J-Jf™*!. the commissioners. his duty. To attend all meetings of such commissioners and . to prepare under their direction all their reports and to record the Ib * same and their proceedings in a book to be kept for that purpose. To receive communications from the superintendent and to dispose of the same as therein directed and to receive and Ib ' transmit to him such returns and papers as he shall by regulation require to be transmitted by him. To transmit to the clerk of the city all such reports as may be made for him by the commissioners. Ib - To call together the commissioners of the ward, on re- ceiving notice from the clerk of the city that they have not Ib ' made their annual report, for the purpose of making such report. And generally to do and execute all such things as be- jb long to his office and may be required of him by the commis- sioners. No. 71. [§ 31.] — He shall be allowed in his accounts for all Postaffeg to postages actually paid by him on communications from commis- be allowed sioners or trustees, 1 accounts. Clerk of City and County of New- York. No. 72. [§ S.] — The clerk of the city and county of New cierkofcity York, as soon as he shall receive notice from the superintendent fo^yXfore of common schools, of the amount of monies apportioned to the supervi. 1 1 1 sors the notice of (1) Law of 1841, Chap. 260. apportion 6 ment 42 SECTARIAN DOCTRINES. StomtbJ tne cl[ Y ailc * connt y> *° r lne support and encouragement of com- ■uperintend- moil schools therein, shall immediately lay the same before the schools. supervisors of the city and county. 1 cierk to give -JVo« 73. § 30.— If the commissioners in any ward shall not report not 0,1 01 De f° re tne fi rst ^ a Y °* August in every year, make to him made. the reports required by law as hereinafter mentioned, he shall give immediate notice of such neglect to the clerk of such commissioners. suVeSJnd ^* P — ^ e * s t0 ^ vacancies in the office of deputy cmresijr'r" 'superintendent, until the next meeting of the board of super- clerk may v \ vnrv I fill vacancy VISOrS. ud interim. As to Children entitled to attend, School and as to Exemption from Taxes. whatchii- No. 75. [§ 12.] — All children between the ages of four and toattSd fl assessment or imposition for the tuition of tuition. any children, except as hereinbefore mentioned. 1 Provisions as to certain Enumerated Schools. Enumerated No. 76. 13.] — The schools of the Public School Society, the schools and New-York Orphan Asylum School, the Roman Catholic Orphan societies • l j * x Asylum School, the Schools of the two Half Orphan Asylums, the school of the Mechanics' School Society, the Harlem School, the Yorkville Public School, the Manhattanville Free School, the Hamilton Free School, the Institution for the Blind, the school connected with the Alms House of the city of New- York, and the g e ene?ai tne scno °l of the Association for the benefit of Colored Orphans, ofcomSSS? are t0 ^ e SUD J ect t0 me general jurisdiction of the commissioners Bioners ; of the respective wards in which any of the said schools now Aeimm/- are or hereafter may be located, subject to the direction of the a»emen a t n of Doar d °f education, but under the immediate government and iheirrespec- management of their respective trustees, managers and directors, &c, and 'in the same manner and to the same extent as herein mentioned Set schSsin respect to the district schools, and so far as relates to the dis- fate f fto S tht tribution of the common school monies, each of the said schools distribution shall be a district school of the city. 1 ot school money. Sectarian Doctrines and Tenets, and Schools refusing- to allow visits. Schools in which any jsfo. 77. § 14, 15. — Anv of the above mentioned schools, or of doctrine,&c. the district schools, in which any religious doctrine or tenet shall be ; J ° (1) Law of 1942. (2) Law of 1841, Chap. 260 MISCELLANEOUS PROVISIONS. 43 shall be taught, inculcated or practised, or which shall refuse to JJjyJJj^JSy permit the visits and examinations hereinbefore mentioned, shall refusing to not be entitled to any of the school money; and the trustees, Ilnd'e/ami- inspectors and commissioners of schools in each ward, and the JJfrecSi deputy superintendent of schools, from time to time, and as fre- sch - ol f -ii j x- j . money. quently as need be, are to examine ana ascertain, ana report to the board of education, whether any religious sectarian doctrine Dmy of or tenet shall have been taught, inculcated or practised in any s c ^°^ in of the schools of their respective wards. The board of educa- relation to tion, and any member thereof, may, at any time, visit any of the offences, above mentioned schools, or of the district schools. 1 Title to Sites of School Houses. No. 78. [§ 7.]— The title to all land purchased by virtue of the Jl^eSI in Act of April 11, 1842. with the buildings thereon, shall be vested the city and i • -I f t».t tt i , county of in the city and county of New- York. 1 New- York. Appeal to Superintendent. No. 79. [§ 110.] — Any person conceiving himself aggrieved by any decision Of commissioners of schools in refusing to pay any Appeal to money to any school district ; Xcf nien " Of the trustees of schools in paying or refusing to pay l°hooh! any teacher ; [§ 38.] — Or by any act or decision of the deputy superin- tendent ; l Or concerning any other matter under the provisions of the Revised Statutes concerning common schools ; May appeal to the superintendent of common schools, whose decision shall be final.* MISCELLANEOUS PROVISIONS. No. 80. [§ 33.]— In any suit against commissioners of schools, Cos ts in or officers of school districts, for acts done under color of their J^ ains offices, or for any refusal or omission of duty, which might have school been the subject of an appeal to the superintendent, the plaintiff lcer> ' shall be entitled to no costs, if the court shall certify that it ap- peared on trial that the defendent acted in good faith ; but this provision shall not extend to suits or proceedings to enforce the decisions of the superintendent. 2 No. 81. [§ 15.] — A school for colored children may be esta- schools for colored children. (1) Law of 1842. (2) Law of 1841, Chan. 250. * provision is m ule by the Law of 1842 for appeal to the superintendent. The provisions in the Revised Statutes, on the subject of an appeal, are confined to par- ticular specified cases, and to matters under that Title of the Revised Statutes. 44 MISCELLANEOUS PROVISIONS. blished in any ward, with the approbation of the school com- missioners thereof, to be under the charge of the trustees, who are to make returns to the commissioners as in relation to other schools ; a proportional share of school monies is to be appor- tioned and paid to the trustees of such schools. The commis- sioners, in their reports, are specially to designate the schools for colored children in their ward. 1 supcrinten- No. 82. [§ 43.] — The superintendent is to cause forms of re- fo e rms to a be e ports by trustees and commissioners, and of lists of pupils, to be printed, printed and sent to the county clerk, for the use of those officers and laws anc * teacners 5 an ^ to cailse me Revised Laws and subsequent to be Laws, respecting schools, to be printed and transmitted to school distributed. com missioners, anc [ a n other officers charged with the perform- ance of any duty under its provisions, with such explanations and instructions as may be deemed expedient. 1 (1) Law of 1941, Chap. 260. INDEX TO THE DIGEST OF THE COMMON SCHOOL LAWS APPLICABLE TO THE CITY AND COUNTY OF NEW-YORK. [For a more copious and detailed Index to the Laws relating to Common Schools in the City and County of New- York, see the Index affixed to the COMPILATION of these laws contained in the former part o"f this volume.] {Qr IN THIS INDEX THE FIGURES RELATE TO TOE SEVERAL SECTIONS AS NUMBERED. Board of Education. No Colored Children. Its constitution, officers, 7 1 meetings,. 7 powers and duties, 8, 9, 11,34 Board of Supervisors. Their duties with regard to raising and disposing of sckool money M Are also inspectors To appoint deputy superintendent, 3, 62 Tn rfirfiivft £ o rnm lo fix certain fees and compensations, ■ '7, 6S| No. Schools provided for them, 81 Commissioners. Theirelection, 2 powers and duties, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 31, 34.. 35, 36 To give bonds, 13 Their liabilities and forfeitures, 25, 26,27 28, 33 Manner of holding school property, 29 30 To receive no compensation, 32 C. Chamberlain. 13. Deputy Superintendent. |His appointment, 3,62,69 His duties with regard to school money, 4, 36 Tenure of office, 3, 62 Children Entitled To participate in the advantages of com- mon schools, S) 75 Enumerated Schools. Description of these schools, 76 Their liabilities, privileges and govern- mont, Clerk of City and County. His power to appoint deputy superinten- dent to fill vacancy, 69, 74 His powers and duties with regard to schools and school money, 72, 73 Glerk of the Board of Education. His appointment, 7 compensation, • 7 Clerk of the Ward Commissioners. His duties, 70 To be allowed his postages, 71| When to act jointly with commissioners, Resignation and vacancy, 3, 69 Powers and duties^. 63, 64, 65, 66, 67 Compensation, 68 I. Inspectors. Theirelection, 2 powers and duties, 37, 38, 39, 40, 41, 42, 43 37 46 INDEX. Commissioners are also inspectors, Allowed no compensation, S. School Property. Title to,. How held by certain officers, 29, Sectarian Doctrines, 5fC. Provisions of law against teaching, &c. sectarian doctrines ; &c, Suits and Costs. Costs in suits against school officers, Superintendent of Common Schools. His power with respect to schools not re- ceiving an appropriation of money, • • • No. | No. 30 Has directive and appellate power over 44j deputy superintendent.. 67 'Appeals to him 79 Certain duties imposed on him 82 Teachers. Their qualification and certificate, 39. 40, 41, 52, 64 Their employment and payment, 48 Trustees. Their election, 2 powers and duties, 45, 46, 47. 48, 49, 50, 51, 53, 55, 66 Manner of holding school properly,. •• • 54 Their penalties and forfeitures, 07, 58, 59, 60 To receive no compensation 01 OBSERVATIONS ON THE COMPILATION AND DIGEST. OBSERVATIONS ON THE COMPILATION AND DIGEST, The Act of April 11th, 1842, Chapter 150, has, apparently, been drawn without a minute and careful attention to the various provi- sions of the Revised Statutes respecting common schools, and of the subsequent Acts on the same subject. On this account, it is not easy, in some cases, to determine how far the general law is applica- ble, consistently with the Act of 1842, to this city. And, although much care and consideration have been bestowed upon the different sections of the Revised Statutes and subsequent Acts, in order that a just discrimination, so far as possible, might be made between those which are applicable to the city and consistent with the Act of 1842, and those which are not, yet, with regard to some of those sections, different persons will probably entertain different opinions. When a section cannot be accommodated to the circumstances of the city and the Act of 1842, without violence to the language and terms used in it, it has been omitted, although it might be probable that the Legislature would have adopted it, with the necessary modi-^ fications, if their attention had been directed to the subject. The power to make such modifications belongs only to the Legislature. But it has been considered as most consistent with the spirit and purpose of the Act of 1842, the object of which, as declared by its Title, is to extend to this city the provisions of the General Act in relation to Common Schools, to regard all sections, requiring only 7 50 , OBSERVATIONS ON slight verbal alterations, as actually incorporated by that Act in the Common School system of the city. Upon two points, it seems proper that a more particular explana- tion should be given. By the Revised Statutes, Art. 7, Title 2, Chap. 15, Part 1, the Corporation of the city of New- York was authorized to raise a sum of money annually for the support of schools in the city, and once at least in three years to designate the societies or schools which should be entitled to receive a share of the school monies, and to prescribe the rules and restrictions under which such monies should be re- ceived by such schools respectively. The Corporation was also authorized to appoint Commissioners of School Monies, (one from each ward,) to whom the Trustees of the schools that might thus be designated as entitled to the school monies were to make annual reports, and who had various duties to perform in relation to those schools ; such as the apportionment and payment of the school monies ; a semi-annual visitation and examina- tion of the schools, &c. These provisions relate to the money to be thus raised by the Corporation ; to the schools to be designated by the Corporation ; and to the Commissioners of such school monies, who are to be appointed by the Corporation, and whose duties extend to no other schools than those thus designated. To apply these provisions to the schools named in the Act of 1842 and to the Board of Education, cannot be done without taking greater liberties in the alteration] and accom- modation of the terms of the law to these new, though very simi- lar objects, than seems compatible with the mere duty of compiling and digesting the law. These provisions have, therefore, been omitted. But as it is necessary that the number of children between four and sixteen years of age, attending the schools specified in the thir- teenth section of the Act of 1842, should be annually ascertained and reported to the board of education, in order that an apportionment of the school money may be made for them, it would probably be THE COMPILATION AND DIGEST. 51 best as it certainly would be safe, for the trustees of those schools to furnish to the board of education annual reports in the same form that was required of the schools designated by the corporation. It would be advisable that these reports should be in duplicate ; one to be delivered to the commissioners of the ward in which the school is situated, to be transmitted by them to the Board of Education ; the other to be transmitted directly to the Board by the Trustees them- selves. The law respecting district libraries does not appear to be adapted to the circumstances of the city or the provisions of the Act of 1842. It is not deemed necessary to mention all the reasons for this opinion ; the following are supposed to be sufficient. To give effect to this law, a tax must be laid on the district at a district meeting of the taxable inhabitants. For this purpose districts must be formed with defined territorial limits. The tax is to be in- considerable ; not exceeding twenty dollars the first year or ten dollars any subsequent year. To insure the collection of this tax, in the minute sums payable by the taxable inhabitants severally, a col- lector must be appointed and a complicated system, comprehending provisions for assessment and sale of property, must be put in opera- tion, as will appear, on a perusal of the law respecting district libraries. In the country, where district meetings and a district tax are required for other purposes, and where the circumstances in various respects are so different from the city, these objections do not apply. It is evident, however, from various considerations, that neither districts with territorial limits, nor district meetings of the taxable inhabitants are within the intention of the Act of 1842. A district school in a town is for the benefit of children of that district only, and the use of the district library is confined to the inhabitants of the district ; a distinction quite incompatible with the spirit and provisions of the Act of 1842, which allows children residing in any part of the city to attend any district school they please. These remarks are equally applicable to the provisions for the purchase of maps, globes, and other school apparatus. BY-LAWS FOR THE GOVERNMENT OF THE BOARD OF EDUCATION OF THE CITY OF NEW-YORK. First — Regular quarterly meetings shall be held on the second Tuesday in January, the first Tuesday in April, and second Tues- days of July and October, at 5 o'clock, P. M., at such place as may be designated by the Corporation of the City of New York. Second. — A majority of the Board shall constitute a quorum, and when this number are present the roll shall be called precisely at the time appointed for meeting. Third. — The schools north of Forty-second-street shall be regu- larly visited in April and October ; the residue in March and No- vember. Fourth. — The President shall divide the Board into Visiting Committees of at least two members, whose duty shall be to visit such schools as may be assigned to them, as often as need may re- quire, in addition to the provisions of the preceding section, to posses g themselves fully as to the condition of the said schools, to keep such notes of their visits as will enable them to give information to the Board as to the condition of any or all the schools assigned to them. Fifth. — The President shall appoint annually the following Standing Committees, to consist of three members each. 1. An Auditing Committee on accounts and expenditures, whose 54 BY-LAWS. duty it shall be to prepare and certify all claims for presentation to the Board of Supervisors. 2. A Committee to examine the reports of the several schools entitled to a proportion of the school money, whose duty it shall be to report on each claim previous to the distribution in each and every year. 3. A Committee to prepare the Annual Report. 4. A Committee on reports of Ward Commissioners relative to the establishment of schools by them and the Ward Inspectors, in conformity with the act creating this Board, and " in addition to the schools mentioned in the 13th section" thereof. 5. A Committee of Conference with the Trustees of any or all the schools named in the 13th section of the law establishing this body. Sixth. — The President may call special meetings when he con- siders them necessary, or on the request of any Jive Commissioners, and the Clerk shall serve notices of these and all other meetings upon each member. Seventh. — The Clerk shall have possession of all books and pa- pers belonging to the Board, provide the necessary stationery, &c, keep a faithful record of all proceedings, attend all Committees when required, and perform such other duties as may be assigned him by the Board. Eighth. — Notice of any proposed alteration of these By-Laws must be given at least one meeting previous to the time of action thereon. » RULES AND ORDERS FOR THE GOVERNMENT OF THE BOARD OF EDUCATION OF THE CITY OF NEW- YORK. First. — In the absence of the President, another shall be appoint- ed in his place fro tem., and whenever the President has occasion to leave the chair, he may substitute some member present in his place. Second. — When there is a quorum present, and the President is not among them, the meeting shall be called to order by another member. Third. — The minutes of the last meeting shall be read by the Clerk before proceeding to any other business. Fourth. — The President in all cases has the right of voting. When the Board shall be equally divided including his vote, the question shall be lost. Fifth.— -No member shall absent himself from the meeting with- out permission from the President. Sixth. — When the Clerk is not present a member of the Board shall be appointed to perform his duties at the meeting. Seventh. — The President shall decide questions of order, subject to an appeal to the Board. Eighth. — When two or more members rise at one time, the Presi- dent shall designate the member who is first to speak, 56 RULES AND ORDERS. Ninth.— No member shall speak more than twice to the same question without leave of the Board, nor more than once until every member choosing to speak shall have spoken. Tenth. — No question shall be debated or passed upon unless the same be seconded ; when a motion is seconded it shall be stated by the Chairman before debate, and every such motion shall be reduced to writing if any member desire it. Eleventh. — Every member who shall be present when a ques- tion is put, shall vote for or against the same, unless excused by the Board.