THE 
 
 S COMMON SCHOOL SYSTEM 
 
 OF THE 
 
 STATE OF NEW-YORK, 
 
 COMPRISING 
 
 THE SEVERAL GEIO^RAL LAWS RELATING TO COMMON SCHOOLS, 
 TOGETHER WITH FULL EXPOSITIONS, INSTRUCTIONS AND FORMS 
 FOR THE USE OF THE SEVERAL SCHOOL OFFICERS AND IN 
 HABITANTS OF DISTRICTS, A COMPLETE DIGEST OF THE 
 DECISIONS OF THE STATE SUPERINTENDENT, AND THE 
 SEVERAL LOCAL PROVISIONS FOR THE SUPPORT OF 
 COMMON SCHOOLS IN THE CITIES AND 
 VILLAGES OF THE STATE. 
 
 TO WHICH IS PREFIXED 
 
 A HISTORICAL^SKETCH 
 ORIGIN, PROGRESS AND PRESENT OUTLINE 
 
 OF THE SYSTEM. 
 
 Prepared in Pursuance of an Act of the Legislature, 
 
 UNDER THE DIRECTION OF THE 
 
 HON. CHRISTOPHER MORGAN, 
 
 SUPERINTENDENT OF COMMON SCHOOLS. 
 
 BY SAMUEL S. RANDALL, 
 
 DEP. SUP T COMMON SCHOOLS. 
 
 TROY, N. Y.: 
 
 JOHNSON AND DAVIS, STEAM PRESS PRINTERS. 
 1851. 
 

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PREFACE. 
 
 IN submitting the following work to the inhabitants and officers of school 
 districts, the various town and county officers charged with the local adminis 
 tration of the common school system in its several departments, and the pub 
 lic generally, the compiler has been actuated by an earnest desire to diffuse as 
 widely as possible, a more thorough and accurate knowledge of the history 
 and details of that system than has hitherto appeared. Having been con 
 nected with the department of Common Schools, with a slight interval, for 
 the past fourteen years, during which period five successive Superintendents 
 have been in office, and the system has undergone numerous important mod 
 ifications, the necessary materials for a complete digest of its various provisions, 
 as well as for the requisite adaptation of the numerous expositions, decisions, 
 and instructions of the department, to the present state of the law, were 
 probably more fully within his reach than that of any other individual. 
 
 The volume of Laws and Decisions prepared and published by Gen. Dix in 
 1837, however valuable for its intrinsic interest, and for its clear and lucid 
 exposition of the fundamental principles of our system of public instruction, 
 has become to a very great extent inapplicable to the existing details of that 
 system ; and where relied upon as a guide, by officers of districts, of towns 
 and counties, must necessarily embarrass and mislead. The compiler of the 
 present work has therefore deemed it his duty to obviate this result so far as 
 may be in his power, by giving first, a general abstract of the existing provis 
 ions of the law in reference to the powers, duties and liabilities of each class 
 of officers connected with the administration, of the system, and of the inhab 
 itants of the several school districts ; and secondly, a digested view under 
 each head, of the varioiis instructions, expositions, and decisions of the depart 
 ment, or rather of the principles of such instructions and decisions, in their 
 application to the law as it now stands : preceded by the general laws and 
 the various local provisions applicable to the several cities and larger towns. 
 
 A historical sketch of the origin and progress of the system from its incep 
 tion to the present period, accompanied by a brief exposition of its present 
 conttition, has been annexed to the work, with the design of rendering it more 
 acceptable as well to our own citizens as to those of other portions of the 
 Union, who may feel an interest in tracing the gradual advancement of our 
 legislation on this important subject, and in ascertaining the prominent features 
 of our system, as moulded by the succepsive improvements consequent upon 
 an experience of nearly forty years. 
 
IV 
 
 The importance of an uniform and enlightened administration of a system 
 % embracing so great a variety of interests and forming so material an ingredient 
 in the intellectual, moral, and social civilization of the community, has not been 
 one of the least among the considerations which have led to the publication of 
 this work : and if through its means any facilities shall have been afforded for 
 the accomplishment of this desirable result, the time and pains spent in its 
 preparation will not have been regretted. That it is free from imperfections 
 and errors it would be presumptuous to assert ; but in Commending it to those 
 for whose use it is specially designed, and to the friencls of popular education 
 generally, the compiler can accompany it with the assurance that no efforts on 
 his part have been spared to render it worthy of their attention and regard. 
 
 ALBANY, May, 1851. .V^IVA 
 
 SECRETARY S OFFICE, ) 
 
 DEPARTMENT OF COMMON SCHOOLS. J 
 
 Albany, May 15, 1851. 
 
 Having examined the following " Digest of the Common School System of 
 the State of New York," I take pleasure in saying that it is a full and correct 
 exposition of that system ; arid entitled to the confidence of officers and inhab 
 itants of school districts, Town Superintendents of common schools, and others 
 interested in the cause of popular education. 
 
 CHRISTOPHER MORGAN, 
 
 Sup t of Common Schools. 
 
PART I. 
 
 ORIGIN, PROGRESS, AND PRESENT CONDITION 
 
 OF THE 
 
 COMMON SCHOOL SYSTEM OF NEW YORK, 
 
 From the Origin of the State Government to the Year 1851, 
 
 AT the first meeting of the State Legislature after the adoption of the Con 
 stitution, the governor, Qeo. CLINTON, called the attention of that body to the 
 subject of education. The following is an extract from his speech : 
 
 " Neglect of the education of youth is one of the evils consequent upon war. 
 Perhaps there is scarce any thing more worthy your attention than the revival 
 and encouragement of seminaries of learning ; and nothing by which we can 
 more satisfactorily express our gratitude to the Supreme Being for his past fa 
 vors ; since piety and virtue are generally the offspring of an enlightened un 
 derstanding." 
 
 In this year, the act incorporating the Regents of the University was passed. 
 
 In 1789 an act was passed, requiring the surveyor-general, to set apart two 
 lots in each township, of the public land thereafter to be surveyed, for gospel 
 and school purposes. 
 
 The following is an extract from the report of the Regents of the University, 
 for 1793 : 
 
 " On this occasion we cannot help suggesting to the legislature the numerous 
 advantages which we conceive would accrue to the citizens in general, from the 
 institution of schools in various parts of the state, for the purpose of instructing 
 children in the lower branches of education, such as reading their native lan 
 guage with propriety, and so much of writing and arithmetic, as to enable them 
 when they come forward into active life, to transact with accuracy and dispatch, 
 the business arising from their daily intercourse with each other. The mode of 
 accomplishing this desirable object, we respectfully submit to the wisdom of 
 the legislature. 
 
 " The attention which the legislature has evinced to promote literature, by 
 the liberal provision heretofore made, encourages, with all deference, to sug 
 gest the propriety of rendering it permanent by setting apart for that salutary 
 purpose some of the unappropriated lands. The value of these will be en 
 hanced by the increase of population. The state will thus never want the 
 means of promoting useful science ; and will thereby secure the rational happi 
 ness, and fix the liberty of the people on the most permanent basis that of 
 knowledge and virtue." 
 
 At the opening of the session of the legislature in 1795, Gov. Clinton thus 
 again alluded to the subject : 
 
 " "While it is evident that the general establishment and liberal endowment 
 of academies are highly to be commended, and are attended with the most 
 beneficial consequences, yet it cannot be denied that they are principally con 
 fined to the children of the opulent, and that a great portion of the communi- 
 
6 
 
 ty is excluded from their immediate advantages. The establishment of com 
 mon schools throughout the state, is happily calculated to remedy this inconve 
 nience, and will therefore engage your early and decided consideration." 
 
 On the 1 1th of January, the Assembly appointed a committee consisting of 
 JONATHAN NICOLL HAVENS, of Suffolk, as chairman ; DAVID BROOKS, of Dutchess, 
 DAVID PifE, of Orange, EBENEZER PURDY, of Westchester, DANIEL GRAY, of 
 Rensselaer, ADAM COMSTOCK, of Saratoga, and RICHARD FURMAN, of New York, 
 to take into consideration that portion of the Governor s Message relating to the 
 establishment of Common Schools throughout the state. Mr. HAVENS, from this 
 committee, reported on the 19th of February " An Act for the encouragement 
 of schools," which passed the House on the 4th, and the Senate on the 22d of 
 March, and became a law on the 9th of April 1795. By this act the sum of 
 20,000 or $50,000 was annually appropriated for five years, " for the purpose 
 of encouraging and maintaining schools in the several cities and towns in this 
 state, in which the children of the inhabitants residing in the state, shall be in 
 structed in the English language, or be taught English grammar, arithmetic, 
 mathematics, and such other branches of knowledge as are most useful and ne 
 cessary to complete a good English education." This sum was at first appor 
 tioned to the several counties according to their representation in the legislature, 
 and afterwards according to the number of electors for members of assembly ; 
 and to the several towns according to the number of taxable inhabitants of each. 
 The boards of supervisors were required to raise by tax upon each town, a sum 
 equal to one-half of that appropriated by the state, to be applied in like manner. 
 While this bill was under discussion in the assembly, a motion to add a pro 
 viso, " that no town after receiving for one year its proportion of the moneys 
 appropriated by the act, shall be entitled in any year thereafter to receive its 
 proportion of the same, unless the freeholders and inhabitants of such town, 
 should, at their next preceding town-meeting, have voted a sum for the use of 
 schools in such town, equal to at least one-half of the proportion of the moneys 
 to which such town shall have been entitled by this act in the preceding year ; 
 and in case such sum shall not have been voted to be raised as aforesaid by any 
 town, the supervisors of the county should apportion the moneys to which such 
 town would otherwise have been entitled, among the other towns in such coun 
 ty, which should have voted for such sum " was rejected, by a vote of 30 to 27. 
 The adoption of this proviso, would have left it discretionary with the inhabi 
 tants of any town to comply with the requisitions of the act, and thereby entitle 
 itself to receive its proportion of the public money ; a measure subsequently re 
 sorted to, as will hereafter be seen, but speedily abandoned on experience of 
 its effects. 
 
 The prominent features of the act of 1795, were the following : Not less 
 than three, nor more than seven commissioners, were annually to be chosen by 
 the electors of the respective towns, to whom were to be committed the super 
 vision and direction of the schools, and the apportionment of public money 
 among the several districts. The inhabitants residing in different sections of 
 each town, were authorized " to associate together for the purpose of procuring 
 good and sufficient schoolmasters, and for erecting and maintaining schools in 
 such and so many parts of the town where they may reside, as shall be most 
 convenient," and to appoint two or more trustees, who were directed to " confer 
 with the commissioners concerning the qualification of the master or masters 
 that they may have employed, or may intend to employ in their schools ; and 
 concerning every other matter which may relate to the welfare of their school, 
 or to the propriety of erecting or maintaining the same, to the intent that they 
 may obtain the determination of the said commissioners whether the said school 
 will be entitled to a part of the moneys allotted to or raised in that town by 
 virtue of this act, and whether the abilities and moral character of the master 
 or masters employed, or intended to be employed therein, are such as will meet 
 with their approbation." The share of public money to be paid to each district, 
 was to be apportioned by the commissioners, " according to the number of days 
 for which instruction shall appear, by the annual report of the trustees, to have 
 been given in each of the said schools, in such manner that the school in which 
 
the greater number of days of instruction shall appeal- to have been given, shall 
 hare a proportionably larger sum. And if it shall at any time appear to the 
 said commissioners, that the abilities or moral character of the master or masters 
 of any schools, are not such that they ought to be entrusted with the education 
 of the youth, or that any of the branches of learning taught in any school, are 
 not such as are intended to receive encouragement from the moneys appropria 
 ted by this act, the said commissioners shall notify in writing the said trustees 
 of such school thereof ; and to the time of such notification, and no longer, shall 
 any allowance be made to such school unless the same thereafter be conducted 
 to the approbation of the said commissioners." The commissioners were requir 
 ed to give to the trustees of each district, an order on the county treasurer for 
 the sum to which the district was entitled. Provisions were also made for an 
 nual returns from the several districts, towns and counties. An abstract of 
 these returns, from sixteen out of the twenty-three counties of the state, for the 
 year 1798, shows a total of 1,352 schools, organized according to the act, in 
 which 59,660 children were taught. 
 
 In the year 1799 an act was passed directing the raising, by means of four 
 successive lotteries, of the sum of one hundred thousand dollars, $12,500 of 
 which, were to be paid to the Regents of the University, to be by them dis 
 tributed among the Academies in such manner as they shall deem most proper, 
 and the residue, $87,500 was to be paid into the treasury, to be appropriated 
 for the encouragement of common schools, as the legislature should thereafter 
 direct. This bill probably grew out of a project proposed by the Hon. JEDEDIAH 
 PECK, of Otsego. " It is due " observes Judge HAMMOND, in his Political History, 
 " to this plain, unlettered farmer, to add that he was intent upon making some 
 permanent provisions for these institutions, and that he formed the project of 
 establishing a common school fund in pursuance of the example then lately 
 furnished by Connecticut, the state from whence he emigrated : that he never 
 lost sight of it ; and that to his indefatigable and persevering efforts, aided by 
 Mr. ADAM COMSTOCK, of Saratoga, another uneducated and plain, but clear 
 sighted and patriotic man, we are principally indebted for our school fund and 
 common school system. What military chieftain what mere conqueror by 
 brute force, has conferred so deep, so enduring an obligation upon posterity ? " 
 
 At the opening of the Session of the Legislature in 1800, Gov. JAY called 
 the attention of both Houses to the subject of Common Schools, in the follow 
 ing language : 
 
 " Among other objects which will present themselves to you, there is one 
 which I earnestly recommend to your notice and patronage. I mean our in 
 stitutions for the education of youth. The importance of common schools is 
 best estimated by the good effects of them, where they most abound and are 
 the best regulated." 
 
 On the 25th of March of the same year, the Assembly, by a vote of fifty-sev 
 en to thirty-six, adopted the following resolution, offered by Mr. Comstock, of 
 Saratoga : 
 
 " Resolved, That the Act for the Encouragement of Schools, passed the 
 9th day of April, 1795, ought to be re vised and amended ; and that out of the 
 annual revenue arising to this State from its stock and other funds, the sum of 
 $50,000 be annually appropriated for the encouragement of schools, for the 
 term of five years." 
 
 On the 3d of April, subsequently, a clause to this effect was inserted in the 
 
 annual supply bill, on Mr. Comstock s motion, by a vote of fifty-one to thirty- 
 five. The Senate, however, by a vote of nineteen to sixteen, struck out the 
 clause. The house, on the return of the bill, at first refused to concur with the 
 Senate in this amendment, by a vote of forty-two to forty-one ; but subse 
 quently reconsidered its vote, and assented to the amendment, on the last day 
 but one of the Session. 
 
 By an act passed on the 3d of April, 1801, the sum of $100,000 was directed 
 to be raised by lottery, of which one-half was ordered to be paid into the Treas 
 ury for the use of Common Schools ; leaving to future legislatures the discre 
 tion of making such application of it as they might judge most conducive to 
 
8 
 
 UJG end in vi^y. In order to promote so laudable an object, the Legislature 
 of 1803, by an act passed on the 6th of April, directed the Comptroller to in 
 vest in good real estate, all suchjfcums of money as had been, or should there 
 after be received from the proceeds of each lottery, for the term of two 
 years. 
 
 In 1802, the Governor (GEO. CLINTON,) again called the attention of the Le 
 gislature to the subject of Common Schools. He observes, " The system of 
 Common Schools having been discontinued, and the advantage to morals, reli 
 gion, liberty and good government, arising from the general diffusion of knowl- 
 edge being universally admitted, permit me to recommend this subject to your 
 deliberate attention. The failure of one experiment for the attainment of an 
 important object, ought not to discourage other attempts." No legislative action 
 however, in reference to the subject, was had during the session of that year. 
 
 In 1803, Gov. Clinton renewed his recommendation in the following energetic 
 terms : " The establishment of common schools has, at different times, engag 
 ed the attention of the Legislature ; but although its importance is generally 
 acknowledged, a diversity of sentiment respecting the best means, has hitherto 
 prevented the accomplishment of the object. The diffusion of knowledge is so 
 essential to the promotion of virtue and the preservation of liberty, as to ren 
 der arguments unnecessary to excite you to a perseverance in this laudable 
 pursuit. Permit me only to observe, that education, by correcting the morals 
 and improving the manners, tends to prevent those evils in society which are 
 beyond the sphere of legislation." 
 
 On the 21st of February of that year, Mr. Peck, of Otsego, from the joint 
 committee of both houses on this portion of the governor s speech, reported a 
 bill authorizing the several towns to organize their schools, and to raise money 
 to support the same. No definite action, however, took place upon it during 
 the session of that year. 
 
 In 1804, the governor again called the attention of the legislature to the sub 
 ject. On the 3d of March, in that year, Mr. Peck, from the committee on that 
 portion of the speech, again made a favorable report, accompanied by a bill, 
 which, however, shared the fate of its predecessor. 
 
 At the extra session of the legislature, in November, 1804, Gov. LEWIS 
 brought the subject before that body, in the following language : 
 
 "I cannot conclude, gentlemen, without caDing your attention to a subject 
 which my worthy and highly respected predecessor in office had much at heart, 
 and frequently, I believe, presented to your view the encouragement of litera 
 ture. In a government, resting on public opinion, and deriving its chief support 
 from the affections of the people, religion and morality cannot be too sedulous 
 ly inculcated. To them, science is an handmaid ; ignorance, the woVst of ene 
 mies. Literary information should then be placed within the reach of every 
 description of citizens, and poverty should not be permitted to obstruct the path 
 to the fane of knowledge. Common schools, under the guidance of respectable 
 teachers, should be established in every village, and the indigent be educated at 
 the public expense. The higher seminaries also, should receive every patron 
 age and support within the means of enlightened legislators. Learning would 
 thus flourish, and vice be more effectually restrained than by volumes of penal 
 statutes." 
 
 On the 4th of February, 1805, Gov. Lewis transmitted a special message to 
 the legislature in reference to this subject, in which he recommended the appli 
 cation of all the state lands for the benefit of colleges and schools ; the whole 
 fund and entire management of the system to be confided to the Regents of the 
 University, under such regulations as the legislature might prescribe ; the Re 
 gents to have the power of appointing three trustees for each district ; who 
 should be authorized to locate the sites for school houses, and to erect such hous 
 es wherever necessary, employ teachers, apply the funds of the district, and levy 
 taxes on the inhabitants, for such further sums as might be required for the sup 
 port of the school and the education of indigent children . None of these sug 
 gestions, however, with the exception of the first, seem to have met with any 
 favor at the hands of the legislature. 
 
9 
 
 On the 2d of April, the legislature passed an act providing that the nett pro 
 ceeds of 500,000 acres of the vacant and unappropriated lands of the people of 
 this state, which should be first thereafter sold by the siirveyor-general, should 
 be appropriated as a permanent fund for the support of common schools ; the 
 avails to be safely invested until the interest should amount to 50,000 ; when 
 an annual distribution of that amount should be made to the several school dis 
 tricts. This act laid the foundation of the present fund for the support of com 
 mon schools. 
 
 By the act to incorporate the Merchants Bank in the city of New- York, pas 
 sed the same year, the state reserved the right to subscribe for three thousand 
 shares of the capital stock of that institution, which, together with the accruing 
 interest and dividends, were appropriated as a fund for the support of common 
 schools, to be applied in such manner as the legislature should from time to 
 time direct. 
 
 By acts passed March 13, 1807, and April 8, 1808, the comptroller was au 
 thorized to invest such moneys, together with the funds arising from the pro 
 ceeds of the lotteries authorized by the act of 1803 in the purchase of addition 
 al stock of the Merchants Bank, and to loan the residue of the fund. 
 
 No determinate action on the part of the legislature, in reference to the estab 
 lishment of a system of common schools, was had during the years, 1806-7-8-9 
 or 10. At the opening of the session in the latter year, Gov. TOMPKIKS thus 
 alludes to the subject. 
 
 " I cannot omit this occasion of inviting your attention to the means of instruc 
 tion for the rising generation. To enable them to perceive and duly to estimate 
 their rights, to inculcate correct principles and habits of morality and religion, 
 and to render them useful citizens, a competent provision for their education is 
 all-essential. The fund appropriated for common schools already produces an 
 income of about 826,000 annually, and is daily becoming more productive. It 
 rests with the legislature to determine whether the resources of the state will 
 justify a further augmentation of that appropriation, as well as to adopt such 
 plan for its application and distribution, as shall appear best calculated to pro 
 mote the important object for which it was originally designed." 
 
 On the 28th of February, of that year, the comptroller, in obedience to a reso 
 lution of the legislature, calling upon him for information as to the condition of 
 the school fund, reported that the amount of receipts into the treasury up to 
 that period, of moneys belonging to the fund, was $151,115.69, of which $29,- 
 100 had been invested in the capital stock of the Merchants Bank, $114,600 
 loaned in pursuance of law, and the residue remained in the treasury. 
 
 In 1811, Gov. Tompkins again called the attention of the legislature to this 
 subject ; and a law was passed, authorizing the appointment by the governor, of 
 five commissioners, to report a system for the organization and establishment of 
 common schools. The commissioners appointed under this act were Jedediah 
 Peck, John Murray, Jr., Samuel Russell, Roger Skinner, and Samuel Macomb. 
 On the 14th of February, 1812, they submitted a report, accompanied by the 
 draft of a bill, comprising substantially the main features of our common school 
 system, as it existed up to the year 1 838. In the bill, as it originally passed, the 
 electors of each town were authorized to determine at their annual town meet 
 ing, whether they would accept their shares of the money apportioned by the 
 state, and direct the raising of an equal amount on their taxable property. So 
 embarrassing, hfcwever, was the practical operation of this feature of the sys 
 tem, that on the recommendation of the superintendent, Gideon Hawley, Esq., it 
 was stricken out ; and each county required to raise by tax an amount equal to 
 that apportioned by the state. 
 
 The following are extracts from the report of the commissioners : 
 
 " perhaps there never will be presented to the legislature a subject of more 
 importance than the establishment of common schools. Education, as the means 
 of improving the moral and intellectual faculties, is, under all circumstances, a 
 subject of the most imposing consideration. To rescue man from that state of 
 degradation to which he is doomed, unless redeemed by education ; to unfold 
 his physical, intellectual, and moral powers ; and to fit him for those high des- 
 
10 
 
 tuvies which lu s Creator has prepared for him, cannot fail to excite the most ar 
 dent sensibility of the philosopher and philanthropist. A comparison of the sav 
 age that roams through the forest, with the enlightened inhabitant of a civilized 
 country, would be a brief but impressive representation of the momentous im 
 portance of education. 
 
 It were an easy task for the commissioners to show, that in proportion as 
 every country has been enlightened by education, so has been its prosperity. 
 Where the heads and hearts of men are generally cultivated and improved, vir 
 tue and wisdom must reign, and vice and ignorance must cease to prevail. Vir 
 tue and^wisdom are the parents of private and public felicity : vice and ignorance, 
 of private and public misery. 
 
 " If education be the cause of the advancement of other nations, it must be- 
 apparent to the most superficial observer of our peculiar political institutions, 
 that it is essential, not to our prosperity only, but to the very existence of our 
 government. Whatever may be the effect of education on a despotic or monar 
 chical government, it is not absolutely indispensable to the existence of either. 
 In a despotic government, the people have no agency whatever, either in the for 
 mation or in the execution of the laws. They are the mere slaves of arbitrary 
 authority, holding their lives and property at the pleasure of uncontrolled ca 
 price. As the will of the ruler is the supreme law ; fear, slavish fear, on the 
 part of the governed, is the principle of despotism. It will be perceived readi 
 ly, that ignorance on the part of the people can present no barrier to the adminis 
 tration of such a government ; and much less can it endanger its existence. In 
 a monarchical government, the operation of fixed laws is intended to supersede 
 the necessity of intelligence in the people. But in a government like ours, where 
 the people is the sovereign power ; where the will of the people is the law of 
 the land ; which will is openly and directly expressed ; and where every act of 
 the government may justly be called the act of the people ; it is absolutely es 
 sential that that people be enlightened. They must possess both intelligence 
 and virtue : intelligence to perceive what is right, and virtue to do what is right. 
 Our republic, therefore, may justly be said to be founded on the intelligence 
 and virtue of the people. For this reason, it is with much propriety that the 
 enlightened Montesquieu has said, in a republic the whole force of education 
 is required. 
 
 " The commissioners think it necessary to represent in a stronger point of view, 
 the importance and absolute necessity of education, as connected either with the 
 cause of religion and morality, or with the prosperity and existence of our politi 
 cal institutions. As the people must receive the advantages of education, the 
 inquiry uatyrally arises, how this end is to be attained. The expedient devised 
 by the legislature, is the establisment of common schools ; which being spread 
 throughout the state and aided by its bounty, will bring improvement within 
 the reach and power of the humblest citizen. This appears to be the best plan 
 that can be devised to disseminate religion, morality, and learning throughout 
 a whole country. All other methods, heretofore adopted, are partial in their 
 operation and circumscribed in their effects. Academies and universities, under 
 stood in contradistinction to common schools, cannot be considered as operating 
 impartially and indiscriminately, as regards the country at large. The advan 
 tages of the first are confined to the particular districts in which they are estab 
 lished ; and the second, from causes apparent to every one, are devoted almost 
 exclusively to the rich. In a free government, where political equality is estab 
 lished, and where the road to preferment is open to all, there is a natural stimu 
 lus to education , and accordingly we find it generally resorted to, unless some 
 great local impediments interfere. In populous cities, and the parts of the con- 
 try thickly settled, schools are generally established by individual exertion. In 
 these cases, the means of education are facilitated, as the expenses of schools 
 are divided among a great many. It is in the remote and thinly populated parts 
 of the state, where the inhabitants are scattered over a large extent, that educa 
 tion stands greatly in need of encouragement. The people here, living far from 
 each other, makes it difficult so to establish schools, as to render them convenient 
 or accessible to all. Every family, therefore, must either educate its own chil 
 dren, or the children must forego the advantages of education. 
 
11 
 
 " These inconveniences can be remedied best by the establishment of com 
 mon schools, under the direction and patronage of the state. In these schools 
 should be taught, at least, those branches of education which are indispensably 
 necessary to every person in his intercourse with the -world, and to the perform 
 ance of his duty as a useful citizen. Reading, writing, arithmetic, and the princi 
 ples of morality, are essential to every person, however humble his situation in 
 life. Without the first, it is impossible to receive those lessons of morality, 
 which are inculcated in tlfe writings of the learned and pious ; nor is it possible 
 to become acquainted with our political constitutions and laws ; nor to decide 
 those great political questions, which ultimately are referred to the intelligence 
 of the people. Writing"and arithmetic are indispensable in the management 
 of one s private affairs, and to facilitate one s commerce with the world. Morali 
 ty and religion are the foundation of all that is truly great and good, and are con 
 sequently of primary importance. A person provided with these acquisitions, 
 is enabled to pass through the world respectably and successfully. If, however, 
 it be his intention to become acquainted with the higher branches of science, 
 the academies and universities established in different parts of the state are open 
 to him. In this manner, education in all its stages is offered to the citizens 
 generally. 
 
 " In devising a plan for the organization and establishment of common schools, 
 the commissioners have proceeded with great care and deliberation. To frame 
 a system which must directly affect every citizen in the state, and so to regulate 
 it, as that it shall obviate individual and local discontent, and yet be generally 
 beneficial, is a task, at once perplexing and arduous. To avoid the imputation 
 of local partiality, and to devise a plan, operating with equal mildness and ad 
 vantage, has been the object of the commissioners. To effect this end, they 
 have consulted the experience, of others, and resorted to every probable source 
 of intelligence. From neighboring states, where common school systems are 
 established by law, they have derived much important information. This 
 information is doubly valuable, as it is the result of long and actual experience. 
 The commissioners by closely examining the rise and progress of those systems, 
 have been able to obviate many imperfections otherwise inseparable from the 
 novelty of the establishment, and to discover the means by which they have 
 gradually risen to their present condition. 
 
 The outlines of the plan suggested by the Commissioners are briefly these : 
 that the several towns in the State be divided into school districts, by three 
 commissioners, elected by the citizens qualified to vote for town officers : that 
 three trustees be elected in each district, to whom shall be confided the care 
 and superintendence of the school to be established therein : that the interest 
 of the school fund be divided among the different counties and towns, according 
 to their respective population, as ascertained by the successive census of the 
 United States : that the proportions received by the respective towns be sub 
 divided among the districts into which such towns shall be divided, according 
 to the number of children in each, between the ages of five and fifteen years : 
 that each town raise by tax annually, as much money as it shall have received 
 from the school fund : that the gross amount of moneys received from the State 
 and raised by the towns, be appropriated exclusively to the payment of the 
 wages of the teachers : and that the whole system be placed under the su 
 perintendence of an officer appointed by the Council of Appointment. 
 
 *#####** 
 
 " Let us suppose that the school fund were arrived at that point where by 
 law it is to be divided. There will then be $50,000 of the public money to be 
 distributed among the schools ; and as by the contemplated plan a sum is to be 
 raised annually by tax, equal to the interest of the school fund, the gross amount 
 of moneys wlu ch the schools will receive will be $100,000. There are in this 
 State forty-five counties, comprising, exclusively of the cities, four hundred and 
 forty-nine towns. It will be very evident, therefore, that the proportion of 
 each town must be necessarily small. As, however, the school districts are au 
 thorized to raise by tax a sum sufficient to purchase a lot, on which the school 
 
12 
 
 \ j 
 
 house is to be built, to build the school house and keep the same in repair, and 
 as the school moneys are devoted exclusively to the payment of the teachers 3 
 wages, the sum, however small, which each district will be entitled to, will be 
 from these considerations so much the more efficacious. It will, however, be evi 
 dent to the Legislature, that the funds appropriated from the State for the sup 
 port of the common school system, will, alone, be very inadequate. And the 
 commissioners are of opinion that the fund, in any stage of it, even when the 
 residue of the unsold lands shall be converted into money, bearing an interest, 
 never will be, alone, adequate to the maintenance of common schools ; as the 
 increase of the population will probably be in as great if not a greater ratio than 
 that of the fund. But it is hardly to be imagined that the Legislature intend 
 ed that the State should support the whole expense of so great an establish 
 ment. The object of the Legislature, as understood by the commissioners, was 
 to rouse the public attention to the important subject of education, and by 
 adopting a system of common schools, in the expense of which the State would 
 largely participate, to bring instruction within the reach and means of the hum 
 blest citizen. And the commissioners have kept in view the furtherance of this 
 object of theLegislature ; for by requiring each district to raise by tax a sum 
 sufficient to build and repair a school house, and by allotting the school moneys 
 solely to the payment of the teachers wages, they have in a measure supplied 
 two of the most important sources of expense. Thus every inducement will be 
 held out to the instruction of youth." * * * 
 
 " The Legislature will perceive in the system contained in the bills submitted 
 to their consideration, that the commissioners are deeply impressed with the im 
 portance of admitting, under the contemplated plan, such teachers only as are 
 duly qualified. The respectability of every school must necessarily depend on 
 the character of the master. To entitle a teacher to assume the control of a 
 school, he should be endowed with the requisite literary qualifications, not only, 
 but with an unimpeachable character. He should also, be a man of patient and 
 mild temperament. A preceptor, says Rousseau, is invested with the rights, 
 and takes upon himself the obligations of both father and mother. And Quin- 
 tillion tells us, that to the requisite literary and moral endowments, he must 
 add the benevolent disposition of a parent. " * * * 
 
 " When we consider the tender age at wliich children are sent to school ; the 
 length of the time they pass under the direction af the teachers ; when we 
 consider that their little minds are to be diverted from their natural propensi 
 ties to the artificial acquisition of knowledge ; that they are to be prepared for 
 the reception of great moral and religious truths to be inspired with a love 
 of virtue and a detestation of vice ; we shall forcibly perceive the absolute ne 
 cessity of suitable qualifications on the part of the master. As an impediment 
 to bad men getting into the schools, as teachers, it is made the duty of the town 
 inspectors strictly to inquire into the moral and literary qualifications of those 
 who may be candidates for the place of teacher. And it is hoped that this pre 
 caution, aided by that desire which generally prevails, of employing good men 
 only, will render it unnecessary to resort to any other measure. 
 
 "The commissioners, at the same time that they feel impressed with the im 
 portance of employing teachers of the character above described, cannot re 
 frain from expressing their solicitude, as to the introduction of proper books 
 into the contemplated schools. This is a subject so intimately connected with 
 a good education, that it merits the serious consideration of all who are con 
 cerned in the establishment and management of schools. Much good is to be 
 derived from a judicious selection of books, calculated to enlighten the under 
 standing, not only, but to improve the heart. And as it is of incalculable con 
 sequence to guard the young and tender mind from receiving fallacious impres 
 sions, the commissioners cannot omit mentioning this subject as a part of the 
 weighty trust reposed in them. Connected with the introduction of suitable 
 books, the commissioners take the liberty of suggesting that some observations 
 and advice touching the reading of the BIBLE in the schools might be salutary. 
 In order to render the sacred volume productive of, the greatest advantage, it 
 
13 
 
 .-.win 
 
 should be held in a very different light from that of a common school book. 
 It should be regarded as a book intended for literary improvement, not merely, 
 but as inculcating great and indispensable moral truths, also. With these im 
 pressions, the commissioners are induced to recommend the practice introdu 
 ced into the New York Free School, of having select chapters read at the 
 opening of the school in the morning, and the like at the close in the after 
 noon. This is deemed the best mode of preserving the religious regard which 
 is due to the sacred -writings. * * * * * 
 
 "The commissioners cannot conclude this report without expressing once 
 more their deep sense of the momentous subject committed to them. If we 
 regard it as connected with the cause of religion and morality merely, its as 
 pect is awfully solemn. But the other views of it already alluded to, is suffi 
 cient to excite the keenest solicitude in the legislative body. It is a subject, 
 let it be repeated, intimately connected with the permanent prosperity of our 
 political institutions. The American empire is founded on the virtue and in 
 telligence of the people. But it were irrational to conceive that any form of 
 government can long exist without virtue in the people. Where the largest 
 portion of a nation is vicious, the government must cease to exist as it loses 
 its functions. The laws cannot be executed where every man has a personal 
 interest in screening and protecting the profligate and abandoned. When 
 these are unrestrained by the wholesome coercion of authority, they give way 
 to every species of excess and crime. One enormity brings on another, until 
 the whole community, becoming corrupt, bursts forth into some mighty change 
 or sinks at once into annihilation. Can it be, said Washington, that Provi 
 dence has not connected the permanent felicity of a nation with its virtue. 
 The experiment, at least, is recommended by every sentiment which ennobles 
 human nature. 
 
 " And the commissioners cannot but hope that that Being who rules the uni 
 verse in justice and in mercy, who rewards virtue and punishes vice, will most 
 graciously deign to smile benignly on the humble efforts of a people, in 
 a cause purely his own, and that he will manifest this pleasure in the lasting 
 prosperity of our country." 
 
 We cannot deem any apology necessary for the space occupied by these ex 
 tracts from this admirable report : shadowing forth as it does, the great features 
 of that system of public instruction subsequently adopted, and successfully car 
 ried into execution ; and laying down in language at once eloquent and impres 
 sive, those fundamental principles upon which alone any system of popular 
 education, in a republic like ours, must be based. The leading features of the 
 system proposed by the commissioners, were adopted and passed into a law by 
 the Legislature, during the session of 1812, with the exception of leaving it 
 discretionary with the electors of the several towns, after the first distribution 
 of public money, to receive their share and to raise an equal amount by tax, or 
 to dispense alike with the burthen and the benefits of the legal provisions, 
 by vote at their annual town meetings. 
 
 Administration of GIDEON HAWLEY, Superintendent of Common Schools 
 1813 to 1821. 
 
 On the organization of the system, GIDEON HAWLEY, Esq., then of the county 
 of Saratoga, was appointed by the Council of Appointment, Superintendent of 
 Common Schools. 
 
 On the fourth day of February, 1814, the first annual report of Mr. Haw- 
 ley, as Super intendant of Common Schools, was transmitted to the Legisla 
 ture ; in which he informs that body that, in pursuance of the act for the estab 
 lishment of common schools, passed on the 19th of June, 1812, he had at the com 
 mencement of the preceding year given due notice of an intended distribution of 
 the interest of the school fund, and that by means of such notice, that act had been 
 carried into operation so far as depended on him: that although no official returns 
 had been received from which an estimate might be formed of the beneficial 
 operation of the act, yet that satisfactory evidence had been obtained, that in 
 many cases its operation had been prevented by the refusal or neglect of towns 
 to comply with its provisions ; and that in other cases where such compliance 
 had beer made, and the act thereby carried into eifect, its operation had been 
 
14 
 
 much embarrassed by difficulties, arising, as was believed, from the imperfection 
 of its provisions ; that notwithstanding these obstacles and embarrassments, its 
 influence had already proved very salutary, and that with the aid of legislative 
 amendment, it promised to yield all that encouragement to common schools 
 which it was designed to give. " It was not to be expected," continues the Su 
 perintendent, " that any system for the establishment of common schools could 
 b devised, which in its first form should be wholly free from imperfections ; and 
 accordingly it has been found that the existing law for the establishment of such 
 a ystem is, in some respects, defective in its provisions, and obscure and doubt- 
 fl in its meaning." The report goes on to suggest such amendments as were 
 deemed requisite in various particulars, not necessary to enumerate here. The 
 operation, however, of that portion of the law which left it optional with the 
 several towns to comply with its conditions and participate in its benefits, or not, 
 as the inhabitants at their annual town meeting might determine, is worthy of 
 special notice. "We quote from that portion of the report which examines this 
 feature of the system. 
 
 " The fifth section of the act provides that such towns in every county ae 
 shall have complied with the law, by directing their Supervisors to levy on 
 them the sum required by the act to entitle them to their proportion of the 
 public money, shall receive by appointment, from the board of supervisors, the 
 whole dividend of the county, according to their respective population, to the 
 exclusion of such towns as shall not have complied with the law. By a sub 
 sequent part of the same section, it is further provided that the sum required 
 to be raised on each town, to entitle it to a share of the public money, must be 
 equal to the sum apportioned to such town by the board of supervisors. By the 
 operation of these several provisions in the act, the case may be that a single 
 town in a county shall be entitled to receive the whole dividend for such county; 
 and although this sum shall be more than sufficient, (as in ordinary cases it will 
 be,) to support all its schools, it must nevertheless be subjected by tax to the 
 payment of an additional sum equal in amount to the sum it is entitled to re 
 ceive ; and this additional sum must, in law, be applied to the support of its 
 schools, which may have had (and in ordinary cases will have had) an excess 
 of support already. Although the case here supposed has not yet occurred, 
 to the knowledge of the Superintendent, there is nevertheless good reason to 
 believe it will occur ; satisfactory evidence having been obtained, that in some 
 counties but few towns have complied with the law, or shown any disposition 
 to comply therewith. The mischief herein complained of, may be remedied 
 by providing that the board of supervisors shall not, in any case, raise by tax 
 on any town, a sum exceeding the sum which such town shall be entitled to 
 receive out of the county dividend, if all the towns in the county had com 
 plied with the law. " 
 
 " It will be found by inspection of the act, that one of its principal features 
 is the provision which gives every town an election, either to comply with the 
 act and receive its benefits, and bear its burdens, or to refuse sucTi compliance, 
 and thereby forego its benefits and avoid its burdens. In the exercise of ttie 
 choice, it has already been observed that many towns have refused to comply 
 with the act, and it is believed they will generally persist in such refusal, and 
 that some other towns which have already complied with the law, will endea 
 vor to retract their compliance. By allowing such an option to every town, 
 the operation of the act depending on the pleasure, and not unfrequently the" 
 caprice of a few individuals, will be always partial and fluctuating ; it will, 
 moreover, be embarrassed by all the difficulties which are naturally connected 
 with instability of system and intricacy of form. It is therefore submitted 
 whether this provision in the act may not be so amended as to make it obliga 
 tory on towns to comply with the act, and also on the board of supervisors of 
 the several counties to levy on their respective towns, a sum equal to the suna 
 which shall be apportioned to such towns out of the public money to be dis 
 tributed." 
 
 This suggestion was adopted by the legislature, and the act amended in 
 this and various other respects, in conformity to the recommendation of the 
 Superintendent. 
 
15 
 
 On the llth of February, 1815, Mr. Hawley transmitted to the legislature 
 hie second annual report as Superintendent. The returns which had been 
 made to him from the several counties were, however, so few in number, and 
 in general BO extremely defective in substance, and inartificial in form, that he 
 did not deem it advisable to communicate them to the legislature, preferring to 
 defer the performance of the duty required of him in this respect until morfc 
 perfect returns, in accordance with forms and instructions to be prepared by 
 him, should enable him to discharge it more beneficially to the public. 
 
 On the first day of April, 1816, the Superintendent transmitted his third 
 annual report, from which it appeared that returns relative to the condition of 
 the schools had been made to him from 338 towns in thirty-six of the forty-six 
 counties then in the State ; that the whole number of districts from which 
 reports had been received by the commissioners, in conformity to law, was 
 2,631 ; that the whole number of children between the ages of five and fifteen 
 in said districts was 176,449 ; and that 140,106 had been under instruction 
 during a portion of the year reported, in the common schools. The Superin 
 tendent, however, observes : 
 
 " The returns not being complete, and many of them being defective in some 
 one or more of their necessary requisites, it is difficult to form any certain es 
 timate from them. Taking, however, the most correct and full returns for a 
 criterion, it would appear that there are within the state about five thousand 
 districts in which common schools are established ; that the number of children 
 taught in them is at least two hundred thousand ; and that the number of 
 children between the agee of five and fifteen years, residing in those districts, 
 is about two hundred and fifty thousand. The city of Albany and the city 
 and county of New York, not being divided into school districts under the act 
 are not included in this estimate . " These being the first statistical returns un 
 der the act of 1812, it may not be uninteresting to contrast them with those 
 for the year 1849, after a lapse of thirty-nine years. The whole number of 
 school districts is now eleven thousand four hundred ; the number of children 
 between the ages of five and sixteen is about seven hundred and fifty-thousand 
 and not less than eight hundred thousand are under instruction during the 
 whole or a portion of the year in common schools. 
 
 But to resume our quotation from Mr. Hawley s report : 
 
 " The Superintendent has also had the satisfaction to learn from other sour 
 ces, that the establishment of common schools by law has already produced 
 many great and beneficial results. The number of schools has been increased; 
 many school houses have been built ; more able teachers employed, and much 
 of that interest which ought to be felt in behalf of common schools, has been 
 generally excited. The beneficial operation of the act has also been visible 
 in the pecuniary aid which many schools have derived from it. A perpetual 
 annuity of twenty dollars, which is the average sum received by each district, 
 under the act, ought not to be considered a trifle unworthy of any account. It 
 has been very sensibly felt, especially in those districts where, from the inabil 
 ity of the inhabitants, or from any other cause, common schools have not been 
 kept open for the whole year, and when the revenue of the fund shall have 
 attained its full growth, the distributive share of each district will be so much 
 more considerable, that the munificence of the legislature cannot fail to be 
 jjaore gratefully acknowledged. 
 
 " But the great benefit of the act does not lie in any pecuniary aid which it 
 may afford. The people of this state are, in general, able to educate their chil 
 dren without the aid of any public gratuity, and if they fail in tliis respect, it 
 is owing more to their want of proper schools than of * sufficient means. The 
 public gratuity is important, as it tends to excite an interest in the affairs of 
 common schools which might not otherwise be felt, and is also beneficial in 
 many other respecte. But the great benefit of the act consists in securing the 
 establishment of common schools, wherever they are necessary ; in organizing 
 them on a suitable and permanent foundation, and in guarding them against the 
 atbaiesion of unqualified teachers. These were the great ends proposed ia 
 
16 
 
 the establishment of common schools by law, and under the wise and liberal 
 policy of the legislature, these ends have been so far accomplished as to war 
 rant full faith in their final complete attainment." 
 
 On the 12th of March, 1817, Mr. HAWLEY transmitted to the Legislature his 
 fourth annual report, in which he states that " the returns which have been made 
 to him during the last year, from most of the counties of the State, afford satis 
 factory evidence of a progressive increase in the number of common schools, 
 and a corresponding improvement in their condition. It is ascertained with 
 sufficient certainty, that there are within the State, exclusive of the city and 
 county of New York, at least five thousand common schools, which have been 
 organized and kept up under thq act for their establishment ; and that the num 
 ber of children annually taught in them exceeds two hundred thousand." 
 
 In his fifth annual report, under date of March 16, 1818, the Superintendent 
 informs the Legislature, that from the returns made to him during the preceding 
 year, it appeared that there were more than five thousand common schools, in 
 which were annually taught upwards of two hundred thousand children, the re 
 turns not being sufficiently full and definite to enable him to speak with more 
 precision. On comparing the returns of common schools, however for differ 
 ent years, it appeared that in almost every district a greater proportion of the 
 children between the ages of five antl fifteen years, have been taught, and a reg 
 ular school supported for a longer time in every succeeding year, than in the 
 preceeding one. To this result, so favorable to the establishment of common 
 schools by law, it may be added and it has not escaped the most transient ob 
 server that under the operation of this system, better teachers have been em 
 ployed, a new and more respectable character given to our common schools, and 
 a much greater interest excited in then- behalf: 
 
 " It is now more than five years," continues the Superintendent, " since com 
 mon schools were established by law. The first act of the legislature was 
 passed in 1812. Soon after this act was carried into operation, it was discov 
 ered to i be defective in many of its provisions. To supply this defect, and to 
 add some provisions which were deemed necessary, a new act was passed in 
 1814. This act was also found on trial to be imperfect, and in the following 
 year it underwent sundry amendments. Since that time, the system founded 
 on the act of 1814 and the amendments of 1815, has remained unaltered ; nor 
 has a practice of three years under it discovered any very great defects. It 
 was not, however, to be expected, even after the amendments of 1815, that the 
 system would be found complete and perfect in all its details ; on the contrary, 
 it was to be expected of this as of every other new and untried system, that 
 time would develope many imperfections which had not been foreseen." The 
 Superintendent proceeds to suggest several particulars of the system which, in 
 his judgment, required amendment, and adds, "although when a system is once 
 established it is not advisable to subject it to frequent revision and amendment, 
 without urgent cause yet as the system of common schools might be impro 
 ved in these and other respects not adverted to, and it will be necessary, at 
 least, to consolidate the different acts on the subject, the propriety of revising 
 the whole system and amending it in some of its subordinate parts, is respect 
 fully submitted." The residue of the report is devoted to a consideration of 
 the Lancasterian system of education, the introduction of which into the com 
 mon schools had been strongly recommended by the governor, (De Witt Clin-^ 
 ton,) in his speech at the opening of the session. The peculiar excellencies of 
 this system were clearly and distinctly pointed out by the Superintendent, and 
 its adoption, especially in all the larger schools in cities and villages, urgently 
 and ably enforced. Under the impetus thus given, Lancasterian schools were 
 established in many portions of the State, and societies incorporated, some 
 of which are still in existence, having for their object the introduction and pro 
 motion of the system of Bell and Lancaster, then at its zenith of popularity. 
 Experience, however, failed to realize the sanguine anticipations of those 
 friends of education who saw in the general adoption of this system the com 
 mencement of a new and brighter era in the science of elementary instruc 
 tion ; and after an ephemeral and sickly existence, these institutions, from 
 which such favorable results were expected, languished, and with few excep- 
 
17 
 
 tione, disappeared. Whether the failure of this experiment resulted from 
 inherent defects in the monitorial system of instruction, from it** want of 
 adaptation to the peculiar genius of ova- people, or from an inability on the 
 part of those to whom its administration was committed, to carry into ef- 
 ieet the plan of its founders and the views of its advocates, is still an un 
 settled question. 
 
 Chi the 17th of February, 1819, the Superintendent transmitted to the 
 Legislature his sixth annual report. From the returns which had been 
 made to him during the preceding year, it appeared that the whole num 
 ber of common schools in this State, organized and permanently establish 
 ed under the act of the Legislature, may be estimated at nearly six thou 
 sand ; and the number of children annually taught in them, in the various 
 branches of elementary education, at nearly two hundred and fifty thou 
 sand. " This great increase and prosperity of our common schools," contin- 
 ,ues the Superintendent, "is evidently the result of the wise and liberal 
 .policy adopted by the legislature for their encouragement and support. On 
 comparing the returns of schools made for different years since their first 
 . establishment by law, it appears that they have increased in a much great 
 er ratio than the increase of population!! and that their condition, which 
 was before stationary, has, under the salutary operation of the law for 
 their establishment, been rapidly and substantially improved. 
 
 "The same data also afford evidence that common schools have risen in 
 public estimation, and received a degree of care and attention to their 
 concerns, corresponding with their increase and prosperity. If these re 
 sults were the only evidence of a beneficial operation in the system of 
 common schools provided by law, they would be sufficient to establish the 
 public confidence in the policy of that system, and to secure it a perma 
 nent duration. But it is well known, although it does not appear from any 
 data in the returns, that the system has produced other results not less in 
 magnitude or merit. It has secured our schools against the admission of 
 unqualified teachers, by requiring them to submit to examination before a 
 public board of inspectors, and to obtain from them a certificate of appro 
 bation, before they can legally be employed. It has imparted to common 
 schools a new and more respectable character, by making them a subject of 
 legal notice, and investing them with powers to regulate their own con 
 cerns. It has corrected many evils in the discipline and government of 
 schools, not only by excluding unqualified teachers but by subjecting the 
 schools and course of studies in them to the frequent inspection of public 
 officers. It has founded schools in places where, by conflicting interests or 
 want of concert in the inhabitants, none had been* before established ; and 
 it has, by its pecuniary aid, enabled many indigent children to receive the 
 benefits of education which would riot othei wi^e have been within their 
 reach. The system having already fulfilled so many of the beneficial ends 
 of its institution, and it being now only six years since it was iirst organ 
 ized and carried into operation, it is warrantable to infer that all the ex 
 pectations of its founders will in due time be realized. 
 
 The Superintendent renews his recommendation for a revision and con 
 solidation of the several enactments relating to common schools. His sug 
 gestions in this respect were adopted by the legislature , and on the 19th of 
 April following, the " Act for the support of Common Schools" was re-en 
 acted, with the various amendments which had from time to time been 
 made, and such as were suggested by Mr. Hawley in his reports for the two 
 preceding years. The publication of the revised act was accompanied by 
 an able exposition of its various provisions, from tlxo pen of Mr. Hawley, 
 and with complete forms for the several proceedings required under it by 
 the several officers connected with its administration. 
 
 On the 21st of February, 1820, Mr. Hawley transmitted tq the legislature 
 his seventh annual report. He states "that the returns of common schools 
 for the last year are much more full and satisfactory than any before re 
 ceived ;" that from these returns it appeared that in 515 towns there were 
 
18 
 
 5,763 common schools, organized according to law, and that in 5,1 II *f 
 these schools, from which only particular district returns had been re<WJtT 
 ed, there had been taught during the year, in the various branches of *- 
 mentary education, 271,877 children. The number of children between the 
 ages of five and fifteen years, residing in the districts from which returws 
 had been received, was 302,703, making the number of children taragfet, 
 equal to nine-tenths of the whole number between the ages of five and fif 
 teen. 
 
 On the 21st of February, 1821, Mr. Hawley transmitted to the Legisla 
 ture his eighth and last annual report as Superintendent ; from, which it 
 appeared that in 545 towns from which returns had been received, there 
 were 6,323 school districts organized according to law, from 5,489 of which 
 particular district reports had been made, showing that of 317,633 children 
 between the ages of five and fifteen years, residing in those districts, 304, 
 549 had been under instruction during portions of the year in the common 
 schools. "The proportion," observes the Superintendent, "which, from *ke 
 present returns, the number of children taught bears to the number between 
 the ages of five and fifteen years is much greater than at any former period. 
 In about one half of the towns in the state, the number taught exceeds the 
 number between the ages of five and fifteen years ; and taking the whole 
 state together, the number taught is more than uineteen-twentieths of the 
 number between these ages. 
 
 " The average length of time for which schools have been kept for the 
 last year, has also increased in about the same ratio as the number of 
 children taught. There is now, therefore, reason to believe that the num 
 ber of children in the state who do not attend any school, and who are not 
 otherwise in the way of receiving a common education, is very small. The 
 public bounty is sufiicient to defray the expense of most schools for about 
 three months in the year ; and where that is expended in different parts 
 of the year, so as not to defray the whole expense of the school for ay 
 particular part, it is understood that in most districts poor children have 
 been permitted to attend the district school free of expense, under that pro 
 vision in the school act which empowers districts to exonerate those child 
 ren from the payment of teachers" wages. The readiness with which stfeb 
 permission has been generally granted, wherever it has been deserved, is 
 very creditable to the pnblic spirit and liberality of the inhabitants of 
 school districts, and it is considered proper on this occasion, to bring -the 
 fact to the notice of the legislature. From these circumstances, in connec 
 tion with the friendly disposition every where manifested in the cause- of 
 education, it is considered warrantable to infer, that of the rising generation 
 in this state, very few individuals will arrive to maturity without the en 
 joyment and protection of a common education." 
 
 To no individual in the state, are the friends of common school educa 
 tion more deeply indebted for the impetus given to the cause of elementary 
 instruction in its infancy, than to GIDEON HAWLEY. At a period whe 
 every thing depended upon organization ; upon supervision ; upon practi 
 cal acquaintance with the most minute details ; and upon a patient, per 
 severing, laborious process of exposition, Mr. Hawley united in himself all 
 the requisites for the efficient discharge of the high functions devolved upow 
 him by the legislature. From a state of anarchy and confusion, and com 
 plete disorganization, within a, period of less than eight years, arose a beau 
 tiful and stately fabric, based upon the most impregnable foundations, sus 
 tained by an enlightened public sentiment, fortified by the best and most en 
 during affections of the people, and cherished as the safeguard of the state 
 the true palladium of its greatness and prosperity. Within this brief 
 period the number of school districts had more than doubled, and the jpro 
 portion of children annually participating in the blessing of elementary in 
 struction, increased from four -fifths to twenty-four twenty-fifths of the whole 
 number residing in the state of a suitable age to attend the public schools. 
 When we take into view the disadvantages under which every new and lin- 
 
19 
 
 tried system must, of necessity, labor, before it can be commended to gen 
 eral adoption, and consider the immense variety of interests which were, 
 to a greater or less extent, affected by the stringent provisions of the act of 
 1812, and its subsequent amendments, we cannot fail of being surprised at 
 the magnitude of the results which developed themselves under the admin 
 istration of Mr. Hawley. The foundations of a permanent and noble system 
 of popular education were strongly and securely laid by him, and we are 
 now witnessing the magnificent superstructure, which, in the progress 
 of a quarter of a century, has been gradually upbuilt on these foundations. 
 WELCOME ESLEECK, of the city of Albany, was named as his successor in of 
 fice, but the legislature saw fit to abolish the office as a separate depart 
 ment of the government, and to devolve its duties upon the secretary of 
 state. 
 
 Administration of JOHN VAN NESS YATES, Secretary of State and Super 
 intendent ex offtcio of common Schools, 1821 to 1826. 
 
 By the Constitution of 1821, the proceeds of all lands thereafter to be sold, 
 belonging to the state, with the exception of such as might be reserved for 
 
 n ic use or ceded to the United States, together with the existing school 
 , were declared to constitute " a perpetual fund, the interest of which 
 shall be invioably appropriated and applied to the support of common 
 schools throughout this state." 
 
 In his speech at the opening of the legislature, at its session of 1822, the 
 governor (De Witt Clinton) refers to the condition of the system of public 
 intruction, in the following terms : 
 
 " The excellent direction which has been given to the public bounty, in 
 appropriations for common schools, academies and colleges, is very percepti 
 ble in the multiplication of our seminaries of education, in the increase of 
 the number of students, and in the acquisition of able and skilful teachers. 
 The Lancasterian or monitorial system is making its way in the community, 
 by the force of its transcendant merits. Our common schools have flourish 
 ed beyond all former example." * * * * * * * 
 "I am happy to have it in my power to say that this state has always evin 
 ced a liberal spirit in the promotion of education ; and I am persuaded that 
 no considerations short of total inability will ever prevent similar demon 
 strations. The first duty of a state is to render its citizens virtuous, by 
 intellectual instruction and moral discipline, by enlightening their minds, 
 purifying their hearts, and teaching them their rights and their obligations. 
 Those solid and enduring honors which arise from the cultivation of science, 
 and the acquisition and diffusion of knowledge, will outlive the renown of the 
 statesman and the glory of the warrior; and if any stimulus were wanting in a 
 case so worthy of all our attention and patronage, we may find it in the ex 
 ample before our eyes of the author of the Declaration of Independence, 
 who has devoted the evening of his illustrious life to the establishment of 
 an university in his native state." 
 
 In connection with this subject the governor also transmitted the pro 
 ceedings of the legislatures of the several states, relative to the appropria 
 tion of a portion of the national domain to the purposes of education ; by 
 which it appeared that in eleven of the new states and territories, the 
 general government had appropriated one thirty -.sixth part of the public land 
 for common schools, and one fifth part of that thirty-sixth part for colleges 
 and academies; and while it was admitted that this disposition was in all res 
 pects proper and laudable, it was contended that the other members of the 
 confederacy were entitled to a correspondent benefit out of the same com 
 mon fund. " This claim, " observes his Excellency, " appears to be sustain 
 ed by the most conclusive reasoning ; and it is believed to be impossible 
 for congress to resist an application so just and beneficial. If, however, this 
 measure were calculated to embarrass the financial arrangements of the 
 national government, to make a serious inroad on the national domain, or 
 to disparage the interests of the states which have already been benefitted, 
 I should be entirely unwilling to press it. Whatever ratio of distribution 
 may be adopted, the quantum of population, or the extent of territory of 
 each state, the deduction from the landed estate of the empire, would be so 
 
20 
 
 small as scarcely to be felt. In either case it would not exceed ten mil 
 lions out of five hundred millions of acres owned by the United State. 
 It is our duty to co-operate in obtaining justice for our sister states as well 
 as for ourselves. If we were willing to waive the benefit which might be 
 derived from the success of this application, it would furnish no just ground 
 of hostility to the claim in general ; and indeed in such case it would entire 
 ly correspond witn the dictates of magnanimity, to advocate it with all our 
 might and influence. This state, on the basis of appropriation originally 
 adopted, would be entitled to 800,000 acres for our common schools, and 
 160,000 for our colleges and academies ; which, with proper management, 
 and in connection with existing funds, would answer all the requisitions of 
 education." 
 
 By the annual report of the acting Superintendent of Common Schools 
 (JOHN VAN NKSS YATES, Esq., Secretary of State) it appears that the total 
 number of school districts in the state was 6,865, from 5,882 of which reports 
 in accordance with law had been received ; that the total number of child 
 ren between the ages of five and sixteen years residing in the several dis 
 tricts, was 380,000 ; and the total number of children of all ages taught in 
 the common schools during the year reported, was 342,479 ; and that the 
 average number of months during which the schools were kept open in the 
 several districts was eight. Several amendments in the details of the sys 
 tem were suggested, most of which were adopted by the legislature ; in 
 cluding, for the first time, the provision investing the Superintendent with 
 appellate jurisdiction over all controversies arising under the school laws, 
 and declaring his decision thereon final. In pursuance of a provision con 
 tained in this act, the act of 1819, with all the subsequent amendments, 
 was republished by the Srnerintendent. accompanied by an exposition of 
 its various provisions, and an abstract of the decisions which had been pro 
 nounced, during the period which had elapsed since the adoption of the ap 
 pellate system. 
 
 On the 3d of February, 1823, Mr. Yates transmitted to the legislature 
 his second annual report as Superintendent of Common Schools ; from 
 which it appeared that returns had been received during the preceding 
 year from all the counties in the State, fifty -two in number, comprising 649 
 towns and wards ; that the whole number of school districts in the state 
 exceeded 8,000 ; from 6,255 of which, only, reports in accordance with law 
 had been received, in which the number of children between the ages of 
 five and fifteen was about 357,000 ; that for the term of eight months dur 
 ing the year reported, 351,173 children were receiving a common school 
 education in the several districts from which reports had been received 
 being 18,194 more than were educated the preceding year. The Superintend 
 ent adds : " Even in Connecticut, which possesses a larger school fund th&a 
 we do, and where the school system was established and in successful op 
 eration long before it was here introduced, the number of children educated 
 in common schools is far less in proportion to its population than it is in 
 this state." He *omplaiuB of the 4i want of uniformity in the course of 
 studies pursued, and the books and treatises now used in common schools, 
 A grat diversity of opinion has long existed and still continues to exist as 
 to the proper books to be introduced into these schools ; and teachers 
 and parents are not unfrequently at a loss to select among the great variety 
 of treatises on education recommended by their authors, the most suitable 
 and best adapted for the use of the student. Whether this evil could b 
 remedied by directing some judicious and appropriate work to be prepared 
 in the nature of a Common School Instructor, and to be recommended to 
 the public under the immediate sanction and approbation of the legislature, 
 is respectfully submitted." 
 
 The annual appropriation from the funds of the state, at this period, four 
 the benefit of common schools, was fixed by the act of 1819, at $80,000. 
 These funds consisted of the loan of 1792, then amounting to $600,000 ; of 
 that of 1808, amounting to $449,000 ; of stock in the Merchant s Bank of 
 
2J 
 
 the city of New York, the par value of which amounted to $180,000, and 
 on which annual dividends of nine per cent, were regularly made ; of one 
 half the quit-rents, estimated at $100,000 ; and the fees of the supreme 
 court, then producing an annual income of about $7,000. The revenues 
 arising from these several sources were estimated at $80,000 per annum at 
 least. But in consequence of a reduction of the fees of the supreme court, 
 and a diversion of those fees from the school fund together with a commu 
 tation for quit-rents, and a temporary suspension of dividends by the Mer 
 chant s Bank, growing out of frauds to a large amount which had been 
 practised on that institution an annual deficiency, varying from $13,000 
 to $7,000, had occurred during the preceding four years, which the legisla 
 ture, considering the faith of the State pledged to keep up the appropria 
 tion directed by the act of 1819, had supplied by special grants from the 
 general funds. A continuance of this deficiency being probable, the gov 
 ernor (JOSEPH C. YATES) had recommended, in his annual message at the 
 commencement of the session of 1823, "t he sale of the whole or a part of 
 the public lands appropriated to the school fund, for the purpose of raising 
 a productive capital, yielding an interest sufficient to make good the annual 
 deficiency in the school revenue." 
 
 On the 7th of January, 1824, the acting Superintendent, Mr. YATES, 
 transmitted his third annual report to the legislature, from which the fol 
 lowing results were shown : 
 
 1. That all the counties, fifty-four in number, and all the towns and 
 wards, being 684 in number, had, with the exception of twenty-seven towns 
 presented their reports for the preceding year. 
 
 2. That there were in the state 7,382 school districts, from 6,705 of 
 which reports had been received in accordance with law : 
 
 3. That 331 new school districts had been organized during the year. 
 
 4. That upwards of 377,000 children had been instructed in the districts 
 from which reports had been received, for an average period of eight months 
 during the preceding year ; and 23,500 more were estimated to have been 
 under instruction during the same period in the non-reporting districts, ma 
 king a grand total of upwards of 400,500 children thus under instruction 
 in all the common schools of the state, exceeding by nearly 26,000 the num 
 ber under instruction during the preceding year : 
 
 5. That the whole number of children between the ages of five and fif 
 teen years, residing in the several districts from which reports were receiv 
 ed, was about 373,000 : 
 
 6. That the sum of $182,802.25 of public money had been expended 
 during the year reported, in the payment of the wages of duly qualified 
 teachers ; and it was estimated by the Superintendent that in addition to 
 this amount more than $850,000, from the private fnnds of individuals, 
 were appropriated in like manner during the same period ; making a grand 
 total of upwards of ONE MILLION" of dollars. " These facts," observes the 
 Superintendent, "require no comment. They demonstrate the signal suc 
 cess which has attended the exertions made from time to time by the leg 
 islature to disseminate useful knowledge among every class of the commu 
 nity ; and it must also be gratifying to perceive that our sister states, ani 
 mated with a like zeal for ameliorating the condition of society, are intro 
 ducing and supporting among them institutions similar to our own." 
 Among other recommendations and suggestions, the Superintendent recom 
 mends the establishment of schools in cities and villages exclusively for 
 the benefit of colored children. He also suggests the consolidation and re 
 vision of the several acts relating to common schools, and concludes as 
 follows : 
 
 " The funds provided and secured by the Constitution for the silpport of 
 common schools have become only in part productive, as will be seen from 
 the operations of the treasury department for the past year. By far the lar 
 gest portion of those funds is still inactive, and must continue so, until ad- 
 Tantageous sales can be made of nearly a million of acres of land, appropria- 
 
kifr ,060,0 I .-< v , t- -juj . i* :/, 4&iiiw 1< suLifijtc siAJ -Hvi 
 
 ted to the use of common schools. It is not extravagant to predict that 
 when that period shall arrive, the anticipations of the patriot and philan 
 thropist with regard to the still more extensive operation of our school sys 
 tem, and its favorable effects upon the condition of society, will be fully re 
 alized. Indeed, what has education not already effected ! It has given 
 man dominion, not only over the elements, but it has enlarged his capacity 
 and faculties beyond the sphere in which he moves. It has shown him that 
 intellectual wealth is national wealth, and that it lies at the foundation of 
 all that in useful in the arts ; that its influence extends to the narrower path 
 of private virtue and daily duty ; and that while it strengthens the tie be 
 tween parent and child, husband and wife, citizen and citizen, it secures 
 from the rude and withering hand of oppression, and from the iron grasp of 
 despotism, those valuable institutions of government, which it is no less the 
 pride than it is the duty of freemen to maintain pure and inviolate. Com 
 mon schools, supported by law and open alike to the poor and to the rich, 
 (as they emphatically are in this State,) together with the higher semina 
 ries of learning, are those monuments which render the glory of a nation 
 imperishable ; and while this state is engaged in the great works of canals 
 and other internal improvements, she shows the boundless extent of her re 
 sources and the energies of her character, by. supporting at the same time, 
 upon a basis equally broad and enduring, a plan of education unequalled 
 in its operations and effect, by that of any other country in the civilized 
 world." 
 
 ^ On the 12th of January, 1825, Mr. Yates transmitted to the legislature 
 his fourth annual report, from which it appeared that the number of child 
 ren taught, for an average period of nine months, in the common schools du 
 ring the preceding year, was 402,940 ; being nearly 26,000 more, than the 
 number taught in 1823. The number of school districts was 7,642 from 
 6,936 of which reports had been received. The aggregate amount of public 
 money received and expended in the payment of teacher s wages in the re 
 porting districts, during the year, was .$182,741.61. 
 
 In August of the preceding year, the Superintendent had issued a circu 
 lar recommending school celebrations in the several towns of the state, from 
 which the following are extracts : "The object in view is extremely im 
 portant, for it is addressed as well to the affections of the parent as the 
 feelings and interests of the citizen. The happiness of society and the free 
 dom of our country mainly depend upon the general diffusion of knowledge, 
 and it is our duty to devise the best means for attaining and securing that 
 very desirable end. In a few years, the children that now sit upon our 
 knees, or play around the room, will fill our places and become the future 
 legislators, magistrates and judges of our country, while we are silently 
 descending to the tomb. How consoling then the reflection will be, that 
 those objects of our affection are about to realize our fondest hopes and do 
 honor to our memories ? Even now, when we hear recounted the sage de 
 liberations of the statesman, or the gallant achievements of the warrior, or 
 the brilliant and still more useful attainments of the scholar, or the sacred 
 and impressive eloquence of the divine, or the profound arguments of the 
 lawyer, or the useful inventions and experiments of the philosopher, farmer 
 and mechanic, do not our bosoms burn with admiration, and do not the 
 eyes and hearts of each of us exclaim, Would that he were my son ? 
 
 " If then, these are the delightful emotions excited in us from the mere re 
 lation of the grand effects which knowledge and virtue produce, can we re 
 fuse yielding our best exertions to realize them in the persons of our child 
 ren ? The means, under Providence, are fully within our power, and pain 
 ful will be our reflections, if AVC neglect them. 
 
 " The plan suggested for the improvement of our common schools, by in 
 stituting celebrations, promises, I am convinced, far more beneficial and im 
 portant consequences than any other hitherto devised. The experiment is 
 neither doubtful nor difficult ; and its benefits are certain, and their extent 
 beyond calculation. Indeed when, we see the flourishing condition of 
 
23 
 
 oxur colleges and academies, and know that much is attributable to their 
 public anniversaries, and commencements, why should we hesitate to be 
 lieve that the same means when used in support of our common schools, 
 will produce the same end ? And why, permit me to ask, should not our 
 common schools be placed on a footing as respectable as any other semina- 
 rie of learning ? Are they not as useful ? and is not their influence more 
 generally felt and acknowledged ? When we consider also the high charac 
 ter which our common schools have so deservedly maintained whenwe find 
 other states and countries imitating their example and quoting their success, 
 should we not feel the strongest desire to render them still more worthy of 
 thje distinction, and still more useful to ourselves and to posterity ? " 
 Administration of A. C. FLAGG 1826 to 1838. 
 
 In his message to the legislature, at the opening of the session of 1826, the 
 Governor (De Witt Clinton) thus adverts to the subject of education : # 
 
 " The first duty of government, and the surest evidence of good govern 
 ment, is the encouragement of education. A general diffusion of knowledge 
 is the precursor and protector of republican institutions ; and in it we must 
 confide as the conservative power that will watch over our liberties, and 
 guard them against fraud, intrigue, corruption and violence. In early infan 
 cy, education may be usefully administered. In some parts of Great Britain, 
 infant schools have been successfully established comprising children from 
 two to six years of age, whose tempers, hearts and minds are ameliorated, 
 and whose indigent parents are enabled by these means to devote themselves 
 to labor, without interruption or uneasiness, Institutions of this kind are 
 only adapted to a dense population, and must be left to the guardianship of 
 private benevolence. Our common schools embrace children from five to 
 fifteen years old and continue to increase and prosper. The appropriation 
 for the school fund for the last year, amounted to $80,670, and an equivalent 
 sum is also raised by taxation in the several counties and towns, and is ap 
 plied in the same way. The capital fund is $1,333,000, which will be in a 
 state of rapid augmentation from sales of the public lands and other sour 
 ces ; and it is well ascertained that more than 420,000 children have been 
 taught in our common schools during the last year. The sum distributed" by 
 the state is now too small, and the general fund can well warrant an aug 
 mentation to $120,000 annually. 
 
 "Our system of instruction, with all its numerous benefits, is still, how 
 ever, susceptible of improvement. Ten years of the life of a child may 
 now be spent in a common school. In two years the elements of instruc 
 tion may be acquired, and the remaining eight years must either be spent 
 in repetition or in idleness, unless the teachers of common schools are com 
 petent to instruct in the higher branches of knowledge. The outlines of 
 geography, algebra, mineralogy, agricultural chemistry, mechanical philoso 
 phy, surveying, geometry, astronomy, political economy and ethics, might 
 be communicated in that period of time by able preceptors, without es 
 sential interference with the calls of domestic industry. The vocation of a 
 teacher, in its influence on the character and destinies of the rising and all 
 future generations, has either not been fully understood or duly estimated. 
 It is, or ought to be, ranked among the learned professions. With a full 
 admission of the merits of several who now officiate in that capacity, still 
 it must be conceded that the information of many of the instructors of our 
 common schools does not extend beyond rudimental education ; that our 
 expanding population requires constant accessions to their numbers ; and 
 tha.t to realize these views, it is necessary that some new plan for obtaining 
 able teachers should be devised. I therefore recommend a seminary for 
 the education of teachers, in the monitorial system of instruction, and in those 
 useful branches of knowledge which are proper to engraft on elementary 
 attainments. A compliance with this recommendation will have the most 
 benign influence on individual happiness and social prosperity. To break 
 down the barriers which poverty has erected against the acquisition and 
 dispensation of knowledge, is to restore the jut equilibir.m of society, aud 
 
24 
 
 to perform a duty of indispensable and paramount obligations ; and under 
 this impression I also recommend that provision be made for the gratuitous 
 education, in our superior seminaries, of indigent, talented, and meritorious 
 youth. 
 
 " I consider tho system of our common schools as the palladium of our 
 freedom ; for no reasonable apprehension can be entertained of its subrer- 
 sion, as long as the great body of the people are enlightened by education. 
 To increase the funds, to extend the benefits, and to remedy the defects 
 of this excellent system, is worthy of your most deliberate attention. The 
 officer who now so ably presides over that department is prevented by his 
 other official duties from visiting our schools in person, nor is he indeed 
 clothed with this power. A visitorial authority for the purpose of detect 
 ing abuses in the application of the funds, of examining into the modes and 
 plans of instruction, and of suggesting improvements, would unquestionably 
 be attended with the most propitious effects." 
 
 It will be perceived that the governor here shadows forth two of the 
 greatest features of public instruction subsequently engrafted upon our 
 system ; the establishment of institutions for the education of teachers ; 
 and the appointment of visitors. 
 
 S&On the 4th of February subsequently, Mr. JOHN C. SPENCER, from the 
 literature committee of the senate, to which this portion of the message of 
 the governor had been referred, made an able report, in the course of which 
 he distinctly suggests the expediency and practicability of a plan of coun 
 ty supervision, without however, going into any specific details. Thus it 
 will be perceived, that as early as 1826, several of the prominent features of 
 the admirable system which has since prevailed, were brought to the notice 
 and attention of the legislature, by two of our most distinguished and eminent 
 statesmen ; one of whom, (Mr. Spencer) fifteen years afterwards, aided in 
 carrying into practical and successful operation, the very plan in substance, 
 which he had suggested at this early period. In the mean time, however, 
 a similar suggestion had been earnestly and urgently pressed upon the pub 
 lic consideration by another distinguished friend of the common school sys 
 tem the Hon. JABEZ D. HAMMOND; who in 1837 published a series of 
 numbers in the Cherry -Valley Gazette, from whence they were transferred 
 to other periodicals, showing as well the practicability as the expediency of 
 the adoption of the system of county supervision and inspection, and urg 
 ing the abolition of the office of town inspector. Judge Hammond s plan 
 was the appointment by the governor and senate, or by the State Superin 
 tendent, of a County Inspector of Common Schools, in each county, with 
 power to license teachers and visit schools, and who should be required to 
 report periodically to the Superintendent. This was, in substance, the plan 
 afterwards recommended to the legislature by Mr. Spencer. 
 
 The following extracts from the report of Mr. Spencer in 1826, to which 
 allusion has above been made, will be found interesting : 
 
 " The committee concur entirely in the sentiments expressed by the gov 
 ernor in relation to the importance of the vocation of a teacher, and to the 
 propriety of occupying the time of the young in the higher branches of 
 knowledge. The progress of improvement in the great business of educa 
 tion, must necessarily be slow and gradual. Our common school system is 
 itself but of recent origin ; and during the few years in which it has been 
 in operation, incalculable good has been effected, particularly in causing the 
 establishment of schools where none existed before, and where none would 
 have existed but for its provisions. We cannot expect to make it at 
 once perfect, but must content ourselves with remedies for the most obvious 
 and important defects as they arc discovered. From the observation of 
 the committee, and from the best im formation they can obtain, they are 
 persuaded that the greatest evils now existing in the system are the want 
 of competent teachers, and the indisposition of the trustees of districts to 
 incur the expense of employing those who are competent, when they can 
 be obtained. It is a lamentable fact that from a mistaken economy, the 
 
25 
 
 cheapest teachers, whether male or female, and generally the latter, are 
 employed in many districts for three-fourths of the year, and a oompeteat 
 instructor is provided for only one-quarter, and sometimes not at aft, du 
 ring the year. The state is thus made to contribute almost wholly to the 
 support of teachers. This is a perversion of the public bounty ; and its 
 effect on the children, who ought to be provided with the means of instruc 
 tion during the whole year, is most disastrous : for those above five or six 
 years old are thus excluded from school three-fourths of their time, which 
 must be spent in mental idleness, and thus the most precious time for edu 
 cation is utterly thrown away. The present arrangement of the authority 
 to license and employ teachers, contributes to this result. Teachers are 
 licensed by town inspectors, themselves generally and necessarily incom 
 petent to determine upon the qualifications of candidates, and willing to 
 sanction such as the trustees feel able or disposed to employ. This is es 
 sentially wrong ; and the state, which contributes so large a portion of the 
 compensation of the teacher, has a right to direct its application in such a 
 way as to effect the object of procuring useful instruction. The remedy 
 must be found in the organization of some local board, vested with the au 
 thority of licensing teachers and of revoking the license, and charged with 
 a general superintendence of the schools within the prescribed limits. The 
 division of the state into counties affords a convenient distribution of ter 
 ritory for these purposes. And if it be made a condition of receiving the 
 public donation, that teachers thus authorized shall have been employed 
 for a portion of the year, it is believed that the sure and inevitable conse 
 quence would be the employment of instructors much more competent than 
 the average of the present teachers. In those counties where the popula 
 tion is small and scattered, the standard of competency will necessarily be 
 low ; but it will advance with the means of the districts and with the pros 
 perity and intelligence of the counties. In other counties, where candi 
 dates were more numerous, the qualifications, would be higher. The teach 
 ers would become emphatically a profession ; men would devote themselves 
 to it as the means of livelihood, and would prepare themselves accordingly. 
 Their character would advance, and with it their usefulness and the respect 
 of their fellow-citizens. Such is an outline of the first efforts, which, in the 
 opinion of the committee, should be made to obtain able teachers. 
 
 "The next object is to provide the means of qualifying the necessary 
 number of teachers. By the report of the Superintendent of Common 
 schools made iii January, 1825, it. appears there were then in this state 
 7,642 school districts. That, then, is the number of teachers now required ; 
 the best evidence that can be adduced to show that there must always be a 
 sufficient demand for those who are qualified. It is obvious that the sug 
 gestion of the governor, in his message respecting the establishment of an 
 institution especially for the purpose of educating teachers, will not answer 
 the exigencies of the case. It is entitled to much weight, however, as a 
 means, in conjunction with others, to effect the object. But in the view 
 which the committee have taken, our great reliance for nurseries of teach 
 ers must be placed on our colleges and academics. If they do not answer 
 this purpose they can be of very little use. That they have not hitherto 
 been more extensively useful in that respect, is owing to inherent defect? 
 in the system of studio* pursued there. When the heads of our colleges 
 are apprised of the great want of teachers which it is so completely in their 
 power to relieve,if not supply it, is but reasonable to expect that they will 
 adopt a system by which young men whose pursuits do not require a know 
 ledge of classics, may avail themselves of the talent and instruction in those 
 institutions suited to their wants, without being compelled alo to receive 
 that which they do not want, and for which they have neither time nor 
 money. 
 
 " Our academies also have failed to supply the want of teachers, to the 
 - extent which was witb.iu their power ; although it is acknowledged that in 
 
this respect they have been eminently useful. But instead of being incited 
 to such efforts, they are rather restrained by the regulations adopted by the 
 Begents of the University for the distribution of the literary fund placed 
 at their disposal. The income of that fund is divided among the academies 
 in proportion to the number of classical students in each, without reference 
 to those who are pursuing the highest and most useful branches of an Eng 
 lish course. With such encouragement, how could it be expected of trus 
 tees of academies that they should prefer a pupil disposed to study the El 
 ements of Euclid, surveying, or Belles-lettres, to a boy who would commit 
 the Latin grammar, while the latter would entitle them to a bounty which 
 was refused to the former ? The committee are not disposed to censure the 
 Regents ; they have merely followed the fashion of the times ; and it is 
 believed that they are themselves alive to the importance of extending the 
 usefulness of the institutions under their care, by adapting them more to 
 the wants of the country and the spirit of the age. But if they should not 
 be willing to extend the benefits of the fund under their control beyond 
 classical students, still it will be in the power of the legislature, and within 
 the means of the state, to appropriate a capital sum that will yield a suffi 
 cient income to compensate for this inequality, and to place the English 
 student on the same footing with the others, and thus make it the interest 
 of the academies to instruct them. And if this bounty be distributed in 
 reference to the number of persons instructed at an academy who shall 
 have been licensed as teachers of common schools by the proper 
 board, it is believed the object of obtaining able instructors will soon b 
 accomplished. 
 
 " The committee have not been able to discover why, upon every princi 
 ple of justice and of public policy, seminaries for the education of females 
 in the higher branches of knowledge should not participate equally with 
 those for the instruction of males, in the public bounty. 
 
 "In connection with these, the committee admit that the establishment of 
 a separate institution for the sole purpose of preparing teachers, would be a 
 most valuable auxiliary, especially if they were to be prepared to teach on 
 the monitorial plan. They hesitate to recommend its adoption now, chiefly 
 because the other measures which they intend to submit, and which they 
 conceive to be more immediately necessary, will involve as much expense 
 as ought now to be incurred. But they fondly anticipate the time when 
 the means of the state will be commensurate with the public spirit of its 
 legislature, and when such an institution will be founded on a scale equal 
 to our wants and our resources." 
 
 The committee, after adverting to the embarrassments caused by the pre 
 valent diversity of text books in the several schools of the state, recommend 
 an appropriation for "the printing of large editions of such elementary 
 works as the spelling book, an English dictionary, a grammar, a system of 
 arithmetic, American history and biogrophy, to be used in schools, and to 
 be distributed gratuitously, or sold at cost." "There can be no doubt," 
 says the committee, "that a selection of such works as have been enumera 
 ted could be made by a competent board, excluding all sectarian views and 
 tenets, as would be entirely satisfactory to the citizens of this state." 
 
 On the 14th of February, 1826, AZABIAH C. FLAGG, of the county of 
 Clinton, was appointed secretary of state ; and the administration of the 
 common school system consequently devolved upon him. The interests of 
 public instruction had been ably and faithfully guarded by Mr. YATES, who 
 seems to have united to eminent talents as an executive and administrative 
 officer, a lively zeal for the promotion of education and the diffusion of 
 knowledge among the great body of the people. His various reports 
 exhibit an accurate practical knowledge of the working of the com 
 mon school system, in all its departments ; his decisions on the numerous 
 appeals which were from time to time brought before him, were character 
 ized by a sound discrimination ; and his efforts for the improvement and 
 advancement of the schools were earnest and indefatigable. 
 
27 
 
 The first annual report of Mr. Flagg as Superintendent of Common 
 Schools was transmitted to the legislature on the 13th of March, 1826, from 
 which it appeared that 425,350 children had been taught in the common 
 schools during the year ; being 22,410 more than were taught the preceding 
 year, and exceeding by 29,764 the number between the ages of five and fif 
 teen residing in the state. The whole number of organized school districts 
 in the state was 7,773. The Superintendent alludes to the necessity of 
 "some provision which should have a tendency to increase the number of 
 qualified instructors," and adds : 
 
 " It might be beneficial to offer facilities for the special education of com 
 mon school teachers ; and as the districts progress in wealth, and the dona 
 tion of the state is increased, inducements will be furnished for a greater 
 number of persons of competent talents, to engage in the business of teach 
 ing, as a profession." 
 
 At the opening of the session of 1827, Gov.. CLINTON thus eloquently al 
 luded to the subject of popular education : 
 
 "The great bulwark of republican government is the cultivation of edu 
 cation ; for the right of suffrage cannot be exercised in a salutary manner 
 without intelligence. It is gratifying to find that education continues to 
 flourish. "We may safely estimate the number of our common schools at 
 8,000 ; the number of children taught during the last year, on an average 
 of eight months, at 430,000 ; and the sum expended in education at 200,000 
 dollars. It is, however, too palpable that our system is surrounded by im 
 perfections which demand the wise consideration and improving interposi 
 tion of the legislature. In the first place, there is no provision made for 
 the education of competent instructors. Of the eight thousand now em 
 ployed in this state, too many are destitute of the requisite qualifications, 
 and perhaps no considerable number are able to teach beyond rudimental 
 instruction. Ten years of a child s life, from five to fifteen, may be spent 
 in a common school ; and ought this immense portion of time to be absorb 
 ed in learning what can be acquired in a short period ? Perhaps one-fourth 
 of our population is annually instructed in our common schools ; and ought 
 the minds and the^morals of the rising, and perhaps the destinies of all fu 
 ture generations, to be entrusted to the guardianship of incompetence ? 
 The scale of instruction must be elevated ; the standard of education ought 
 to be raised, and a central school on the monitorial plan ought to be estab 
 lished in each county for the education of teachers, and as exemplars for 
 other momentous purposes connected with the improvement of the human 
 mind. * * * * Small and suitable collections of books and maps, at 
 tached to our common schools, and periodical examinations to test the pro 
 ficiency of the scholars and the merits of the teachers, are worthy of atten 
 tion. When it is understood that objects of this description enter into the 
 very formation of our characters, control our destinies through life, 
 protect the freedom and advance the glory of our country, and when it ia 
 considered that seminaries for general education are either not provided in 
 the old world, or but imperfectly supplied by charity and Sunday schools, 
 and that this is the appropriate soil of liberty and education, let it be our 
 pride, as it is our duty, to spare no exertion and to shrink from no expense 
 m the promotion of a cause consecrated by religion and enjoined by patriot 
 ism ; nor let us be regardless of ample encouragement of the higher insti 
 tutions devoted to literature and science. Independently of their intrinsic 
 merits and their diffusive and enduring benefits, in reference to their appro 
 priate objects, they have in a special manner, a most auspicious influence on 
 all subordinate institutions. 
 
 "They give to society men of impi-oved and enlarged minds, who, feeling 
 the importance of information in their own experience, will naturally cher 
 ish an ardent desire to extend its blessings. Science delights in expansion, 
 as well as in concentration ; and after having flourished within the precincts 
 of academies and universities, will spread itself over the land, enlightening 
 society and ameliorating the condition of man. The more elevated the tree 
 
28 
 
 of knowledge, and the more expanded its branches, the greater will be its 
 trunk and the deeper its root." 
 
 On the 21st of February, MB. SPENCER, from the literature committee of 
 the senate, to which had been referred that portion of the message of the 
 governor relating to common schools and the providing of competent teachers, 
 brought in a bill, entitled, " An act to provide permanent funds for the annual 
 appropriation to common schools, to increase the literature fund, and to pro 
 mote the education of teachers," which, with some slight amendments, became 
 a law on the 13th of April following. This bill transferred to the common 
 school fund the balance due on the loan of 1786, together with $100,000 of 
 bank stock owned by the state : and to the literature fund, from the canal 
 fund, the sum of $150,000; the income of which, together with that of the 
 $95,000 formerly belonging to the fund, was required to be annually distrib 
 uted by the Regents of the University " among the incorporated academies 
 and seminaries of this state, other than colleges, which are subject to the vis 
 itation of the said Regents, &c., in proportion to the number of pupils instruct 
 ed in each academy or seminary for six months during the preceding year, 
 who shall have pursued classical studies, or the higher branches of English 
 education, or both." From the report accompanying the bill the following 
 extracts are taken, with the view of showing the design of the legislature in 
 thus increasing the literature fund. 
 
 " Another object of still greater importance is the furnishing of competent 
 teachers for the instruction of common schools. In vain will you have estab 
 lished a system of instruction, in vain will you appropriate money to educate 
 the children of the poor, if you do not provide persons competent to execute 
 your system, and to teach the pupils collected in the schools. The message 
 of the governor and the report of the Superintendent concur in pressing this 
 subject upon our attention with the most anxious solicitude ; and every citizen 
 who has paid attention to it, and become acquainted practically with the 
 situation of our schools, knows that the incompetency of the great mass of 
 teachers is a radical defect, which impedes the whole system, frustrates the 
 benevolent designs of the legislature, and defeats the hopes and wishes of all 
 who feel an interest in disseminating the blessings of education. There are 
 8,114 organized school districts in this state ; and if there be added the schools 
 in the city of New-York, in Albany, Troy and Hudson, not included in the 
 returns, and the private schools which are established in almost every county, 
 we shall be justified in estimating the number of teachers required to carry 
 on the business of instruction, at not far from ten thousand. This result pla 
 ces in a strong view the vast importance of the subject. From what sources 
 can this supply of teachers be obtained ? And how can the great body of 
 this multitude be rendered competent to then* stations ? In a free govern 
 ment resting upon the intelligence of its citizens, these questions are of vital 
 importance. 
 
 " The governor has recommended the establishment of central schools upon 
 the monitorial plan for the instruction of teachers. From the best considera 
 tion which the committee have been able to bestow upon the subject, and 
 from all the information which they can collect, a doubt is entertained whether 
 the monitorial plan is adapted to small schools in the country, or to the higher 
 branches of education. The means of instruction in the ordinary mode must 
 be provided. The colleges and academies ought to furnish competent instruct 
 ors, and indeed to them we are indebted, but chiefly to the academies, for the 
 qualified instructors now employed. While academies are instituted, and by 
 proper encouragement may supply our wants, the committee would doubt the 
 policy of establishing central schools in their vicinity, which would necessarily 
 divert from them much of their present support." After referring to the 
 location of the several academies in different parts of the state, with the view 
 of showing that in this respect they were capable of meeting the wants of 
 the community, and that but few portions of the state were not adequately 
 supplied with these institutions, provided they were suitably encouraged, the 
 report proceeds to recommend a different standard of apportionment than the 
 
29 
 
 .one k operation, and an increase of the fund, specifically for the purpose of 
 encouraging the preparation of a class of students, who might serve as teach 
 ers of the common schools. " The income derived from the literature fund, 
 they propose in the bill herewith reported, shall be distributed among the 
 academies in proportion to the number of students pursuing the classical 
 studies and the higher branches of an English education ; and their object is 
 to promote the education of young men in those studies which will prepare 
 them for the business of instruction, which it is hoped may be accomplished 
 to some extent, by offering inducements to the trustees of academies to educate 
 
 pupils of that description." " These are the considerations which have guided 
 the committee in preparing the bill now presented. They have only further 
 to say, that if any confidence can be reposed in the official communications of 
 those officers of the government whose duty it is to give the legislature infor 
 mation on this subject, if the concurring testimony of all who have spoken or 
 written concerning it can be relied upon, there is a radical, deep, and extensive 
 defect in our common school system, which deprives it of much of its value ; 
 and that defect consists in the want of competent instructors. From six to 
 ten years of the most valuable portion of human life of that very period 
 when instruction is most easily imparted and most firmly retained, is absolute 
 ly wasted and thrown away. Every one in the least acquainted with the sub 
 ject knows that a boy, under proper instruction, can, and ought to know as 
 much at seven or eight years old, as he acquires under the present system at 
 fourteen or sixteen. Having undertaken a system of public instruction, it is 
 the solemn duty of the legislature to make that system as perfect as possible. 
 We have no right to trifle with the funds of our constituents by applying 
 them in a mode which fails to attain the intended object. Competent teachers 
 of common schools must be provided : the academies of the state furnish the 
 means of making that provision. There are funds which may be safely and 
 properly applied to that object ; and if there were none, a more just, patriotic, 
 and in its true sense, popular, reason for taxation cannot be urged. Let us aid 
 the efforts of meritorious citizens, who have devoted large portions of then 1 means 
 to the rearing of academies ; let us reward them by giving success to their 
 efforts ; let us sustain seminaries that are falling into decay ; let us revive the 
 drooping and animate the prosperous by the cheering rays of public benefi 
 cence ; and thus let us provide nurseries for the education of our children, and 
 for the instruction of teachers who will expand, and widen, and deepen the 
 great stream of education, until it shall reach our remotest borders, and pre 
 pare our posterity for the maintenance of the glory and prosperity of their 
 country." 
 
 From the annual report of the Superintendent for this year, it appeared 
 that there were 8,114 organized school districts in the state 341 new dis 
 tricts having been formed during the preceding year ; that returns had been 
 received from 7,544 of these districts, in which 481,601 children had been 
 taught during the year reported, being an increase over the number so 
 taught the preceding year, of 13,864; the whole number of children resi 
 ding in the state, between the ages of five and fifteen, was 411,256. 
 
 Speaking in reference to the practical operation of the existing system of 
 visitation and inspection of the common schools, the Superintendent holds 
 the following language : " The system of inspection rnit^ht be improved, by 
 the appointment of competent persons to visit the schools of a county, or 
 larger district ; to investigate the mode of instruction, the qualifications of 
 teachers, the application of the public money, and to inquire into all the 
 operations of the school system. Such inspectors would aid the schools by 
 their advice, and add to the stock of intelligence on the subject of educa 
 tion, by collecting information in relation to the condition of the schools, and 
 the manner in which they are conducted ; arid these inspections would be 
 the means of more effectually ascertaining what the common schools now 
 effect, aud what they may 1x3 made to accomplish." The resulte of the sub 
 sequent adoption of this plan, in substance, has effectually vindicated the 
 prescknce of the Superintendent, in this respect. The report goes on to re- 
 
30 
 
 eommend, first, " the establishment of schools in the several counties for the 
 education of teachers ; " and second, " the gradual introduction of the sys 
 tem of mutual instruction." The improvement of the system of female edu 
 cation is also adverted to, as well aa the propriety of furnishing the schooU 
 with a judicious selection of text books. " The course of instruction in tho 
 common schools ought to be adapted to the business of life, and to the actu 
 al duties which may devolve upon the person instructed. In a government 
 where every citizen has a voice in deciding the most important questioaa, it 
 is not only necessary that every person should be able to read and yrite, 
 but that he should be well instructed in the rights, privileges and dutiea of 
 a citizen. Instruction should be co-extensive with universal sum-age." 
 
 The sum of $100,000 was this year apportioned by the Superintendent 
 among the several school districts, in pursuance of the provisions of aa act 
 passed the preceding year, authorizing the annual distribution of this amount 
 from the common school fund. The several laws relating to common schools 
 were also revised by the legislature and republished, with the necessary ex 
 positions and instructions from the department. 
 
 Gov. Clinton, in his message at the opening of the session of 1828, again 
 adverts to the subject of common school education, in the following temw : 
 
 " That part of the revised laws relative to common schools is operative 
 on this day, and presents the system in an intelligible shape, but without 
 those improvements which are requisite to raise the standard of instruction, 
 to enlarge its objects, and to elevate the talents and qualifications of the 
 teachers. It is understood that Massachusetts has provided for these im 
 portant cases ; but whether the experiment has, as yet, been attended with 
 promising results, is not distinctly known. It may, however, be taken for 
 granted, that the education of the body of the people can never attain the 
 requisite perfection without competent instructors, well acquainted with 
 the outlines of literature and the elements of science. And after the .scale 
 of education is elevated in common schools, more exalted improvement* 
 ought to be engrafted into academical studies, and proceed in a correspond 
 ent and progressive ascent to our colleges. 
 
 " In the meantime I consider it my duty to recommend a law authorizing 
 the supervisors of each county to raise a Bum, not exceeding two thousand 
 dollars, provided the same sum is subscribed by individuals, for the erec 
 tion of a suitable edifice for a monitorial high school in the county town. I 
 can conceive of no reasonable objection to the adoption of a measure so well 
 calculated to raise the character of our schoolmasters, and to double the 
 powers of our artizans, by giving them a scientific education." 
 
 From the annual report of the Superintendent, it appeared that the num 
 ber of school districts had increased to 8,298, from 7,806 of which return* 
 had been received, showing that the whole number of children between the 
 ages of five and fifteen, in the districts, was 419,216 ; and that the whole 
 number taught in the common schools during the year reported, was 441,- 
 856 ; beiag an increase of 10,225 since the preceding year, and of SOI, 760 
 since 1816. The aggregate amount of public money received and expended 
 by the several .districts, in the payment of the wages of duly qualified teach 
 era, was $222,995.77 ; of which |lOO,000 was paid from the state treasury, 
 $110,542.32 i-aised by tax upon the several towns and counties, and $32,45$. 
 45 derived from L,,-;;! funds. 
 
 The productive capital of the school fund was increased during the year 
 reported, $256,121.50, by the transfer of $33,616.19, the balance due on the 
 loan of 1786 to this fund ; and of $100,000 of bank stock owned by the 
 state; by the avails of the premiums received on the sale of the fttock ( of 
 the Hudson and Delaware canal company, amounting to $31,156.50 ; and by 
 the sale of lands owned by the state at Oswego, by which $91,349 were real 
 ized for the benefit of the fund. 
 
 The Superintendent recommends the affording additional facilities for 
 common school instruction to children engaged in manufacturing establish 
 ments ; and suggests the appropriation by ^the commissioners of commoa 
 
31 
 
 schools, of a portion of public money to each such establishment, according 
 to the number of children to be benefitted by instruction. 
 
 In 1829 the number of common schools had increased to 8,609, from 8404 
 of which returns were received by the Superintendent. The number of 
 children be tween five and sixteen years, residing in the several districts 
 from which reports had been received, was 440,113 ; and the number of 
 children taught during the year reported, was 468,205 ; being an excess 
 of 26,349 over the preceding year. 
 
 In 1830 the number of districts was 8,872 ; reporting, 8,292 ; in which 
 were 468,257 children between the ages of five and sixteen ; and 480,041 
 children taught ; being an increase of 11,836 during the year reported. The 
 Superintendent, in his annual report, adverts to the " serious deficiency in 
 the supply of competent teachers," as " the great obstacle which it is ne 
 cessary to remove before we can reasonably expect to accomplish the" great 
 result, and confer the enduring benefits which were anticipated by those 
 who founded and those who have fostered our system of common school in 
 struction." " Those who have turned their attention to the subject of giv 
 ing a higher character to the common schools, in this, as well as in other 
 atates," he continues, " have recommended the establishment of seminaries 
 for the exclusive education of teachers. This would serve to multiply the 
 number of those who would be qualified to teach ; but after being thus 
 qualified at the public expense, what guaranty would there be that such 
 persons would follow the business of teaching, unless they could be as libe 
 rally compensated in a district school as in the other pursuits of life ? If 
 the inhabitants of the districts were resolved to have none other than teach 
 ers of the highest grade, and would pay the highest premium for talent, our 
 academies and high schools would be thronged by persons fitting themselves 
 for the business of teaching ; and all these institutions would practically be- 
 eome schools for the education of teachers. If the districts could be induced 
 to give an adequate compensation, and constant employment to first rate 
 instructors, then it would be eminently useful to establish seminaries for the 
 special purpose of training persons as professional instructors." " To secure 
 permanent teachers, it is indispensable that the inhabitants of the districts 
 should afford such reasonable compensation and constant employment as will 
 induce persons of good talents to devote themselves to the business of teach 
 ing as a profession." " If the intelligent farmers in the districts would ap 
 ply a small share of their attention and practical common sense to this sub 
 ject, a revolution in the character of the schools would soon be effected." 
 
 The Superintendent also adverts to the multiplicity of text books in use 
 in the several schools, but expresses the opinion that the designation of any 
 particular work or series of works, to the exclusion of all others, would be 
 attended with injurious consequences, not only to the schools themselves, 
 but to the cause of education generally. He remarks that "great improve 
 ments are constantly going on in the character of school books ; the great 
 est experience and much of the best talent of the country is enlisted in 
 this business ; and the fruits of their labors are constantly giving them 
 new claims to the approbation of the public. The adoption of a particular 
 book would amount to a prohibition upon all improvements, and would 
 subject the inhabitants to a loss of the prohibited books then on hand. The 
 interests of the common schools may be seriously injured, and cannot be 
 essentially benefitted by the adoption by law of any book or set of 
 books." 
 
 The following is the earliest specific suggestion, looking to the establish- \ 
 cient of district libraries, which I have been able to find. It is contained \ 
 in Mi-. Flagg s report for this year, (1830.) 
 
 " A society has been established in England, for the purpose of imparting 
 useful information to all classes of community, particularly to such as are 
 unable to. avail themselves of experienced teachers. To effect this object, 
 treatises on the various sciences, and books of practical utility have been 
 published at such moderate prices as to bring them wituia the reach of all 
 
32 
 
 classes. A small sum applied to the publication and distribution 
 the several school districts, of similar works, would have the most favora 
 ble influence." 
 
 It will have been perceived, however, that Gov. Clinton, in his message 
 at the opening of the session of 1827. called the attention of the legisla 
 ture to the expediency of providing "small and suitable collections of 
 books and maps," to be attached to the common schools. 
 
 Gov. Throop, in his message to the legislature at the opening of the see- 
 sion of 1831, thus alludes to this great interest of the state : 
 
 " There is no one of our public institutions of more importance, or which 
 has better fulfilled public expectation, than that providing for instruction 
 in common schools. The large fund appropriated to that object has produ 
 ced a complete organization throughout the state ; and although the system 
 has had to encounter all the obstacles to a new otiterprizu of such magni 
 tude in its operations and objects, vet it has been well seconded by public 
 zeal and liberality. Its imperfections may receive some correction from 
 legislation, yet more is to be hoped from individual exertions to carry ibe 
 design of the legislature into effect within the several districts." 
 
 From the annual report of the Superintendent for this year it appears 
 that the whole number of districts was 9,062, from 8,630 of which reports 
 had been made in accordance with law ; that the number of children be 
 tween the ages of five and sixteen residing in the several districts from 
 which such reports had been received, was 497,503 ; and the number of 
 children taught therein during the year reported, 499,434, being an increas-e 
 of 19,333 over the number so taught the preceding year. The aggregate 
 amount of public money received and expended in the several districts for 
 the payment of the wages of duly qualified teachers, was $239.713.00 ; of 
 which $100,000 was paid by the State from the common school fund ; 
 and the residue derived from a tax on the several towns, and from local 
 funds. In addition to the public money, there was paid by the inhabitants 
 of the several districts, on rate bills for teachers wages, $346,807, making 
 a total of $586,520 paid for teachers wages alone. The average annual in 
 crease of the number of scholars instructed in the common schools^ during 
 the preceding eleven years was 20,000. 
 
 The productive capital of the common school fund amounted at this 
 time to $1,696,743.66 ; and the revenue actually received into the trea 
 sury on account of this fund, during the year 1830, exceeded the sum re- 
 Quired for apportionment among the several districts by $678.60, it be 
 ing the first year in which the revenue had produced the sum requisite for 
 this purpose. 
 
 The Superintendent, in this report, examines and discusses at considera 
 ble length the various plans for the education of teachers, and recommends 
 the conversion of the several academies, equal in number at that period to 
 the counties in the state, into seminaries for training teachers. On this 
 subject he remarks : " The state has done much for these schools, and some 
 thing in aid of the cause of the common schools may reason ablv be expect 
 ed from them ; and if the required information to fit a person for teaching 
 can be obtained in the present institutions, sound policy and good economy 
 are in favor of relying upon them for the training of teachers/ He adverts 
 in this connection to the proposition presented to the legislature at its pre 
 ceding session, by a committee of the citizens of Rochester, for the estab 
 lishment of a state seminary for the education of teachers, and a town cen 
 tral school in each town in the state, as a document exhibiting "much re 
 search and attention to the subject of common school instruction." In thi* 
 memorial (legislative documents, 1880, volume iv. no. 887,) the committee, 
 (Messrs. Penney, Comstock, Brown, Ward and Norton,) after recapitulating 
 the prominent defects in the existing condition of common school education 
 submits a plan, designed 
 "1. To furnish a competent supply of well qualified teachers. 
 
33 
 
 ^2. To diffuse the benefits of good teaching, at an early period, through 
 all the districts in the state, and to accomplish the intention of the law as 
 to an efficient inspection. 
 
 "3. To secure such a degree of respect and compensation to teachers, as 
 to induce men of good talents and qualifications to make teaching a profes 
 sion for life, and 
 
 "4. So to organize and govern the whole system of common school eda- 
 ation as sufficiently to protect this great interest from every kind of 
 abuse, and to cherish it for the various useful ends it may be made i 
 serve? 
 
 "It is proposed to effect the fir^t of these objects by the establishment of 
 say. three state seminaries, for the education of teachers ; the second, by 
 promoting the erection of one central school of the most approved descrip 
 tion in each town, having the duties and services of its teacher so connect 
 ed with all the other districts of the town, as to secure the object of good 
 teaching to all, and gradually to qualify good teachers for the whole." The 
 particular details of the plan were also presented under the five following 
 general heads : 
 
 "1. Of the proper qualifications of a teacher. 
 
 "2. Of a state seminary for educating teachers its government ite 
 course of instruction admission of students their diplomas and privi 
 leges. 
 
 "3. Of the town central schools their government, <fcc. 
 
 *4. Of an annual meeting of the faculties, and report on school boobks t 
 Ac. 
 
 "5. Of the government and general superintendence of the whole." 
 
 The great length of this document precludes its insertion here. It is, 
 however, well worthy of a deliberate and attentive examination, in the 
 present advanced stage of educational science ; and its sound suggestion* 
 and practical views commend it to the favorable regards of all desirous of 
 elevating and expanding to their utmost practicable limits the capabilities 
 of our unrivalled system of public instruction. The condition of the com 
 mon school fund at the period when these views were presented, interpo&ed 
 an insuperable obstacle to the adoption of the plan proposed. This objec 
 tion has now to a great extent disappeared ; and it is believed that a sound 
 and enlightened public sentiment will sustain the public authorities ia 
 -carrying into execution, with such modifications and improvements as ex 
 perience has subsequently brought to light, the recommendations and sug 
 gestions of the memorialists, at least so far as a state seminary for the prep 
 aration of teachers is concerned. The Superintendent, in his report for the 
 present year, also examines and discusses the question, how far the expens 
 es of supporting and maintaining the common schools, and supplying them 
 with competent teachers, may advantageously be provided from the public 
 funds of the state, and to what extent they may safely and successfully be 
 committed immediately to the inhabitants of the several districts. He 
 compares the operation of our system in this respect with those of Penn 
 sylvania, Virginia, Connecticut and other states, in the two former of whieb 
 the public funds were -exclusively appropriated to the benefit of the chil 
 dren of indigent inhabitants of the several districts, and in Connecticut* 
 were lavished with an indiscriminate profusion, furnishing ample means for 
 the gratuitous instruction of all classes. 
 
 " Our system " he observes, " is well calculated to awaken the attention 
 of all the inhabitants to the concerns of the district school. The power 
 given to district meetings to levy a tax, to a limited extent, upon the pro 
 perty of the district, excites a direct interest with all the taxable inhabitants 
 to attend the district meetings, whether they have children requiring school 
 accommodations or not. The wealthy are thus prompted to act as trusteed, 
 and to watch over the concerns of the district, in order to see that its af 
 fairs are conducted with care and economy ; and much of the intelligent 
 of the district ia put in requisition by the peculiarity of our plan, which 
 3 
 
34 
 
 might be wholly lost to the districts if the whole expense of the tuition -was 
 provided by a state fund." " It has been urged, " he remarks, in another 
 place, " that the amount distributed from our fund is too small, and that an 
 increase of the fund would, of itself, raise the standard of the common 
 school ; but an increase of the school moneys would be much more likely to 
 decrease the contributions of individuals, than to elevate the standard of 
 the common schools." At this period the amount of public money appor 
 tioned by the state for the payment of teachers wages in the several dis 
 tricts, was $100,000 ; while the amount raised on rate bills was $346,807. 
 The annual report of the Superintendent for 1844 shows that while the 
 amount of public money received from the state treasury applicable to the 
 same purpose, was $220,000, the amount paid on the rate bills was $509,- 
 376.97 only ; being $254,000 less than a proportionate amount under the in 
 creased fund contributed by the state. 
 
 On the subject of a proposed uniformity of text books in the several 
 schools, the Superintendent remarks, " no man or set of men could make 
 out a list of class books for the instruction of half a million of scholars, 
 which would give general satisfaction ; and there is great reason to believe 
 that the experiment to produce uniformity would do more harm than it 
 promises to do good. In view of all the difficulties which surround the sub 
 ject, the Superintendent believes that it is best to leave the selection of 
 class books to the intelligence of the inhabitants of the districts and towns." 
 In support of these views he refers to a very able report of the literature 
 committee in the assembly, made the preceding year, and which will be 
 found in the fonrth volume of the legislative documents of that year, (No, 
 431,) of 1830. 
 
 In conclusion, the Superintendent observes : 
 
 " The immense importance of elevating the standard of education in the 
 common schools is strongly enforced by the fact, that to every ten persons 
 receiving instruction in the higher schools, there are at least five hundred 
 dependent upon the common schools for their education. In urging the 
 importance of common schools, it is not designed to depreciate the great 
 utility of those of a higher grade. In the discussions on the subject of 
 popular education, it has in some case s been urged that academies and high 
 schools were injurious to the common schools, by withdrawing from the aid 
 of the latter, the patronage and care of those who are able to send to the 
 former Bchoola. There is nothing in our experience which should induce us 
 to look with disfavor upon the higher schools, and the patriot and philan 
 thropist, in estimating the means which are to contribute to the perpetuity 
 of our happy form of government, will regard all our schools and seminaries 
 as parts of the same useful and valuable system, from the university to the 
 infant school." 
 
 In 1832, the number of school districts had increased to 9,333, from 8,835 
 of which reports were received. The whole number of children between 
 five and sixteen years of age residing in the several reporting districts, was 
 604,685 ; and the number taught during the preceding year, was 497,257 ; 
 being an increase of 7,468 since the last report. 
 
 " The school system of New -York," remarks the Superintendent, "has 
 been formed by combining the advantages of the different plans of support 
 ing common schools which prevail in the New-England states. Connecticut 
 has a large fund which produces nearly or quite the amount paid for teach 
 ers wages, and they have no local tax. Massachusetts and Maine have no 
 public fund, and the wages of teachers are provided by a town tax. Our 
 system happily combines the principles of a state fund and a town tax ; 
 enough is apportioned from the state treasury to invite and encourage the 
 co-operation of the districts and towns ; and not so much as to induce the in 
 habitants to believe that they have nothing more to do than to hire a teach 
 er to absorb the public money. The tax authorized upon the property of 
 the town and district has a most salutary effect in awakening the attention 
 of the inhabitants to the concerns of the common schools. The power of 
 
35 
 
 district meetings to raise money by tax, induces the inhabitants to attend 
 the meetings, and to overlook the interest and proceedings of the district ; 
 when, if the whole expense was provided by a state fund, they would al 
 low the trustees to receive and expend the money, as if it was a matter 
 which did not interest the great body of the inhabitants of the district. 
 Whatever differences of opinion may exist as to the best mode of providing 
 for the expense of giving instruction to all the children of the state, the 
 success which has attended our system warrants the conclusion that a pub 
 lic fund may be made eminently useful in organizing a system of universal 
 instruction. The apportionment of a ew dollars is often the immediate 
 inducement for neighborhoods to establish schools where none existed be 
 fore, and for prompting new settlements to erect school houses, at an ear 
 lier period than they otherwise would have done, in order to participate 
 in a fund, however small, which they know is enjoyed by other districts 
 in their towns." 
 
 In relation to the " vexed question " of text books, the Superintendent 
 renews the expression of his opinion "that the adoption of a particular set of 
 class books could be of no advantage except to the favored authors, to whom 
 the monopoly of supplying the scholars should be given. Towards all other 
 authors, who have devoted their time and talents to the preparation of 
 books, as well as publishers who have embarked their fortunes in particular 
 works, it would operate prescript! vely and with manifest injustice." 
 
 AdministrationofJows A. Dix 18J53 to 1839. 
 
 In his message at the opening of the session of 1833, Gov. MARCY thus ad 
 verts to the subject of common schools : 
 
 " Of all institutions, there is none that presents such strong claims to the 
 patronage of the government as our system of common schools ; and it is 
 gratifying to know that these claims have been recognized, and to a very 
 considerable extent, satisfied. The wisdom and providence of our legisla 
 tion appears perhaps no where so conspicuously, as in the measures which 
 have been adopted, and the means which have been provided for the gene 
 ral diffusion of primary education among the children of all classes of our 
 citizens." After adverting to the information contained in the annual re 
 port of the Superintendent, relative to the condition and prospects of the 
 common schools, the governor proceeds : " An active and adventurous spir 
 it of improvement characterizes the present age. Its best direction would 
 seem to be towards multiplying the facilities, and consequently abridging 
 the time and labor of acquiring knowledge. I indulge the hope that much 
 may yet be done in this respect for primary education. One of the most 
 obvious improvements in relation to common schools, would be a plan for 
 supplying them with competent teachers. Under present circumstances, 
 the remedy of the evils resulting from the employment of persons not prop 
 erly qualified, can only be applied by the trustees and inspectors ; and I 
 am not apprised that any further direction for regulating their duties in this 
 respect, could be usefully presented to the legislature." 
 
 From the annual report of the Superintendent it appeared that in 1833, 
 the number of school districts had increased to 9,600 ; from 8,941 of which 
 reports were received, in which there were 508,878 children between five 
 and sixteen years of age, and 494,959 children taught during the year re 
 ported ; being a decrease of 2,146 since the preceding year. The Superin 
 tendent renews the expression of his conviction that the academies are ade 
 quate to the supply of competent teachers for the common schools. He al 
 so again calls the attention of the legislature to the expediency of making 
 some suitable provision for the education of the children of persons engaged 
 in the various manufacturing establishments of the state. 
 
 " The policy of all our laws," he observes, " is to secure a good common 
 school education to every child in the state ; and the condition of the child 
 ren who are employed in the manufactories, as to their means of instruction, 
 ought to be carefully inquired into and provided for. The diffusion of edu 
 cation among all classes of our population is deemed of such vital importance 
 
36 
 
 to the preservation of our free institutions, that if the obligations wliich 
 rest upon every good citizen in this particular are disregarded, the persona 
 having the custody of such children ought to be visited with such disabili 
 ties as will induce them, from interest if not from principle, to cause the 
 children to be instructed, at least in reading, writing and arithme 
 tic. Intelligence has been regarded as the vital principle of a free govern 
 ment, and every parent, guardian or master, who neglects or refuses to give 
 the children under his charge the advantages of a common school education, 
 particularly in cases where the instruction is offered " without money and 
 without price," is as much an offender against the state, as the man who re 
 fuses to perform any other duty which is deemed essential to the preserva 
 tion of our liberties." 
 
 On the 15th day of January, 1833, JOHN A. Dix was appointed secretary 
 of state and Superintendent of Common Schools, Mr. Flagg having been pro 
 moted to the office of comptroller. During the administration of the latter, 
 a period of seven years, the number of school districts in the state had in 
 creased from 7,773 to 9,600 ; the number of children instructed in them, 
 from 425,586 to 494,959, and the proportion of the number of children taught 
 to the whole number residing in the several districts, from 100 to 93, to 250 
 to 249. The amount of public money annually appropriated for the pay 
 ment of the wages of approved teachers, had increased from $182,790.09 to 
 $5305,582.78. The external organization and internal details of the system had 
 received the fostering care and enlightened attention of the most practical 
 and discriminating minds of the state ; and the unequalled rapidity with 
 which districts sprung up in every section of the state, and children of all 
 ages and classes were gathered into the common schools, sufficiently indicate 
 the general appreciation of the advantages and merits of the system, on the 
 part of the people generally. To untiring industry and great efficiency, Mr. 
 Flagg united an eminently practical mind, which enabled him, in the midst 
 of numerous and plausible projects for the elevation and improvement of 
 the system of popular education, to select and recommend those only which 
 promised the realization of the hopes and aspirations of the sound and ju 
 dicious friends of the common schools ; arid accordingly, while steadfastly 
 setting his face against the adoption of an uniform series of text books, and 
 of a state seminary for the instruction of teachers, as impracticable in 
 the existing state of things, he strongly urged the adoption of a more effi 
 cient and vigorous system of inspection and supervision, and several years 
 in advance of any direct movement on the subject, recommended the publi 
 cation and distribution of suitable books for the diffusion of useful knowl 
 edge, among the several school districts of the state. 
 
 During his administration of the common school department, the founda 
 tions were laid of those equitable principles upon which the various contro 
 versies growing out of the several school laws, were adjusted by the decis 
 ions of the Superintendent. Up to this period, no records of the adjudica 
 tions of this officer had been kept ; and the various questions almost daily 
 presented for settlement had been determined upon their specific merits, 
 without apparently any attempt to reduce the system to unity and harmo 
 ny, or to establish and maintain general principles of interpretation and de 
 cision. The decisions of Mr. Flagg, and his successor, Gen. Dix, were in 
 1837, collected by the latter and published, for the benefit of the several of 
 ficers connected with the administration of the system throughout the state ; 
 and they have not only served as a basis for the determination of the nu 
 merous and complicated questions which have since arisen, but have exer 
 cised a highly beneficial influence upon the councils and proceedings of the 
 officers and inhabitants of the several districts, by repressing litigation, by 
 defining the powers, privileges and responsibilities of those called to the 
 performance of any duty in relation to the common schools, and by the in 
 troduction and settlement of fixed principles of interpretation, applicable to 
 almost every emergency likely to arise in the practical operation of the 
 system. 
 
37 
 
 From the annual report of Gen. Dix, as Superintendent of Common 
 Schools, made on the 8th of January, 1834, it appeared thai there were 9,690 
 school districts in the state, from 9,107 of which reports had been made in 
 accordance with law. The number of children between the ages of five and 
 sixteen, residing in the several districts from which reports were received, 
 was 522,618 ; and the whole number of children taught in the several dis 
 trict schools, was 512,475; being an increase of 17,516 over the number 
 thus instructed during the preceding year. In reference to the amount of 
 the public funds provided for the support of common schools, the Superin 
 tendent expresses his opinion that the sum ($100,000) distributed among 
 the several districts, was as great as was necessary to accomplish every ob 
 ject of such a distribution. " Experience in other states," he observes, 
 " has proved what has been abundantly confirmed by our own, that too large 
 a sum of public money distributed among the common schools has no salu 
 tary effect. Beyond a certain point, the voluntary contributions of the in 
 habitants decline in amount with almost uniform regularity as the contribu 
 tions from a public fund increase." " Should the general fund at any future 
 day be recruited so as to admit of an augmentation of the capital or revenue 
 of the common school fund, or both, the policy of increasing the sum annual 
 ly distributed to the common schools, beyond an amount which shall, when 
 taken in connection with the number of children annually taught in them, 
 exceed the present rate of apportionment, would be in the highest degree 
 questionable." 
 
 With respect to the preparation of teachers for the common schools, the 
 Superintendent conciirs generally in the views of his predecessor, that the 
 several academies in the state, .aided by liberal appropriations for this pur 
 pose from the literature fund, are abundantly adequate to the accomplish 
 ment of the object in view ; that the establishment of one or more teachers 
 seminaries, devoted exclusively to this subject, would be impracticable 
 without requiring the districts not only to employ such teachers when pre 
 pared, but to provide them with an adequate compensation neither of 
 which measures would for a moment be tolerated ; and that the demand on 
 the part of the districts for teachers of a higher degree of qualification will 
 be met by a corresponding supply from the academies, whenever sufficient 
 inducements are held out to the latter to devote a large portion of their at 
 tention to the preparation of such teachers. An enlightened appreciation, 
 on the part of inhabitants of districts generally, of the functions and respon 
 sibilities of teachers a determination to secure the highest order of talent, 
 and to provide an adequate compensation and a disposition to elevate the 
 character and advance the social rank of the teacher, by assigning him that 
 station in the regards of the community which is due to the dignity and 
 utility of his profession ; these are regarded as indispensable pre-requisitea 
 to the success of any system which contemplates the specific preparation 
 of teachers. 
 
 On the subject of the adoption of a uniform series of text books for the 
 use of schools, the Superintendent also adopts the views of his predecess 
 ors, discountenancing such a measure as impracticable and unjust. 
 
 In. reference to the establishment of DISTRICT LIBRARIES, the Superintend 
 ent observes : 
 
 " If the inhabitants of school districts were authorized to lay a tax upon 
 their property for the purpose of purchasing libraries for the use of the dis 
 trict, such a power might with proper restrictions become a most efficient 
 instrument in diffusing useful knowledge, and in elevating the intellectual 
 character of the people. A vast amount of useful information might in this 
 manner be collected, where it would be easily accessible, and its influence 
 could hardly fail to be in the highest degree salutary, by furnishing the 
 means of improvement to those who have finished their common school ed 
 ucation, as well as to those who have not. The demand for books would en 
 sure extensive editions of works containing matter judiciously selected, at 
 
38 
 
 prices which competition would soon reduce to the lowest rate at which 
 they could be furnished. By making the imposition of the tax wholly dis 
 cretionary with the inhabitants of each district, and leaving the selection of 
 the works under their entire control, the danger of rendering such a provi 
 sion subservient to the propagation of particular doctrines or opinions 
 would be effectually guarded against by their watchfulness and intelli 
 gence." 
 
 By an act of the legislature passed this year, the surplus income of the lit 
 erature fund, beyond the sum of $12,000, was placed at the disposal of the 
 Kegeuts of the University, to be by them distributed to such of the acade 
 mies subject to their visitation as they might select, and to be devoted ex 
 clusively to the education of common school teachers. The funds thusj ap 
 propriated were estimated at about $8,000 per annum. 
 
 At the opening of the session of 1835, Gov. Marcy, in his message, com 
 mended to the special attention of the legislature, the adoption of "a pro 
 vision for supplying competent teachers, improvements in the method of 
 instruction, and the faithful and economical application of the funds to such 
 objects and in such a manner as will insure the best results." He observes : 
 " In regard to the common schools, considering their great importance in a 
 political and moral point of view, the efforts of the legislature should not 
 be intermitted until the system shall be so improved as to secure to the 
 children of all classes and conditions of our population, such an education 
 as will qualify them to fulfil in a proper manner, the duties appertaining to 
 whatever may be their respective pursuits and conditions of life." 
 
 The number of school districts at this period had increased to 9,865 ; the 
 whole number of children between the ages of five and sixteen to 534,000, 
 and the number taught in the several districts from which reports had been 
 received to 521,240, or 18,256 more than were so instructed during the pre 
 ceding year. 
 
 The following extract from the annual report of the Superintendent, 
 transmitted to the legislature on the 7th of January of this year, will ex 
 hibit the views of that officer in reference to the adequacy of the acade 
 mies to furnish the common schools with a competent supply of duly quali 
 fied teachers, and also in reference to the relations which the various in 
 stitutions for the promotion of public instruction should sustain to each 
 other: 
 
 " If the foundations of our whole system of public instruction were to be 
 laid anew, it would, perhaps, be advisable to create separate seminaries for 
 the preparation of teachers, although from the nature of our institutions, it 
 might be deemed arbitrary, if indeed it were practicable, to compel the 
 school districts to employ them. It would be equally difficult, without a 
 great augmentation of the school fund, to present to the districts a sufficient 
 pecuniary inducement to engage the individuals thus prepared ; and it may 
 be safely assumed that nothing short of a thorough conviction in the public 
 mind, that common school teachers are in general incompetent to the proper 
 fulfilment of their trusts, and that the standard of education is extremely 
 imperfect, would accomplish the object. If that conviction can now be 
 created, the existing evils may be readily redressed. Our common school 
 system is so perfectly organized, and administered throughout with so much 
 order and regularity, and so many academies under able management are 
 already established, that it would seem the part of wisdom to avail our 
 selves of these institutions, to the extent of their capacity, for the purpose 
 of training teachers for the common schools. Their endowments, their or 
 ganization, the experience and skill of their instructors, and their whole in 
 tellectual power, may be made subservient to the public purpose in view, 
 and with the aid which the state can lend, much may be effected. But, 
 whatever differences of opinion may prevail with regard to the foundation 
 of this plan, in sound policy, the question has been settled by the legisla 
 ture, and it remains only to carry it into execution with proper energy. 
 
39 
 
 Should it prove inadequate to the ends proposed, a change of plan may thea 
 be insisted on, without being open to the objection of abandoning a system 
 which has not been fairly .tested. 
 
 " It may not be improper to remark in this place that the necessary eoa-. 
 nexion which exists between our common schools and the literary institu 
 tions of the state, including those of the highest grade, has been too fre 
 quently overlooked. The academies have already been, in effect, without 
 receiving from the state any direct pecuniary aid for the purpose, nurserie* 
 for common school teachers. The great body of those who have either tem 
 porarily or permanently devoted themselves to teaching, have been prepar 
 ed at the academies with a view to that occupation, or to some professional 
 employment. The instructors in the academies have in their turn been ed 
 ucated in the colleges ; and but for the latter or some other system of 
 classical and scientific education, as a substitute for the course of training 
 pursued in the colleges, the academies would obviously be destitute of the 
 necessary supply of tutors. Thus all our incorporated literary institution* 
 minister to the improvement of the common school system, on which the 
 great body of the people are dependent for their education." 
 
 v. -TiJlI .- :: : . - Wild 
 
 The Superintendent, after adverting to the defective state of the systems of 
 instruction in common schools, proceeds at considerable length to combat the 
 idea that " the education which an individual receives, should be designed 
 exclusively to fit him for the particular employment which he is destined to 
 pursue." " The attention of the great body of the people" he justly remarks, 
 " should be directed to objects beyond the sphere of the employments on 
 which they depend for their support." " Knowledge carries with it influence 
 over the minds of others, and this influence is power. In free governments 
 what is of more vital concern it is political power." And he illustrates these 
 views by a reference to the range and importance of the duties devolving 
 upon every American citizen. 
 
 On the 8th of January, 1835, Gen. Dix, as chairman of a committee of the 
 Regents of the University, appointed to prepare and report a plan for the 
 better education of teachers of common schools, submitted an elaborate and 
 able report recommending the establishment and organization of a teacheiV 
 department, to be connected with one academy to be designated by the 
 Regents, in each of the eight senatorial districts of the state ; indicating the 
 course of study to be pursued in such departments ; and suggesting for th 
 consideration of the Regents the academies to be selected for this purpose, 
 which should each receive annually the sum of $400 from the fund applicable 
 to this object. The report was agreed to by the Regents, and Erasmus Hall 
 Academy in Kings county, Montgomery Academy, Orange county. Kinder- 
 hook, St. Lawrence, F airfield, Oxford, Canandaigua, and Middlebury Acade 
 mies were designated for the establishment of these institutions, on the baaia 
 and subject to the restrictions and regulations indicated in the report. 
 
 On the 13th of April of this year, the foundations of the District School 
 Library were laid by an act authorizing the taxable inhabitants of the several 
 school districts to impose a tax not exceeding twenty dollars for the first year, 
 and ten dollars for each succeeding year, " for the purchase of a district 
 library, consisting of such books as they shall in their district meeting direct" 
 
 This bill was ably advocated in the Senate by COL. YOUNG of Saratoga, and 
 the Hon. LEVI BEARDSLEY of Otsego ; and its friends were indebted for its 
 success, in great part, to the untiring exertions and extensive influence of 
 JAMES WADS WORTH of Geneseo; an eminent philanthropist, who lost no oppor 
 tunity to aid, by his ample wealth and enlightened intellect, every means by 
 which the mental and moral advancement of the youth of the state might 
 be promoted. 
 
 On the 6th of May, Mr. WETMORE, of New York, chairman of the litera 
 ture committee of the house, made a very able report, concluding with a recom 
 mendation for the establishment of a separate " Department of Public Instruc 
 tion," under the superintendence of an officer to be known as " Secretary of 
 
40 
 
 Public Instruction," to be appointed by the legislature triennially, in the same- 
 manner with other state officers ; who should possess the powers and discharge 
 the duties of Superintendent of Common Schools, and be ex-officio Chancellor 
 of the Regents of the University, <fcc. The several colleges and academies of 
 the state were to be subject to his visitation ; and he was required particularly 
 to visit and inspect those academies in which departments for the education 
 of teachers were established. No definite action was however had on this 
 proposition, by the legislature. 
 
 The following is an extract from Gov. Marcy s message at the opening of 
 the session of 1836: 
 
 " In a government like ours, which emanates from the people, where the 
 entire administration, in all its various branches, is conducted for their benefit 
 and subject to their constant supervision and control ; and where the safety 
 and perpetuity of all its political institutions depend upon their virtue and 
 intelligence, no other subject can be equal in importance to that of public 
 instruction, and none should so earnestly engage the attention of the legisla 
 ture. Ignorance, with all the moral evils of which it is the prolific source,, 
 brings with it also numerous political evils, dangerous to the welfare of the 
 state. It should be the anxious care of the legislature to eradicate these evils 
 fey removing the causes of them. This can be done effectually, only by diffu 
 sing instruction generally among the people. Although much remains here to 
 be done in this respect, the past efforts of legislation upon the subject merit 
 high commendation. Much has been already accomplished for the cause of 
 popular education. A large fund has been dedicated to this object, and our 
 common school system is established on right principles. But this is one of 
 those subjects for which all cannot be done that is required, without a power 
 ful co-operation on the part of the people in their individual capacity. The 
 providing of funds for education is an indispensable means for attaining the 
 end ; but it is not education. The wisest system that can be devised cannot 
 be executed without human agency. The difficulty in the case arises, I fear, 
 from the fact that the benefits of general education can only be fully appre 
 ciated by those who are educated themselves Those parents who are so 
 unfortunate as not to be properly educated, and those whose condition requires 
 them to employ their time and their efforts to gain the means of subsistence, 
 do not, in many instances, sufficiently value the importance of education Yet 
 it is for their children, in common with all others, that the common school sys 
 tem is designed ; and until its blessings are made to reach them, it will not be 
 what it ought to be. If parents generally were sensible of the inestimable 
 advantages they were procuring for their children by educating them, I am 
 sure the efforts and contributions which are required to give full efficiency to 
 our present system would not be withheld. If I have rightly apprehended 
 the indications of public opinion on this subject, a more auspicious season is 
 approaching. At this time, a much larger number of individuals than hereto 
 fore are exerting their energies and contributing their means, to impress the 
 public mind with the importance of making our system of popular instruction 
 effective in diffusing its benefits to all the children of the state. I anticipate 
 much good from the prevalence of the sentiment that the efforts of individ 
 uals must co-operate with the public authorities to ensure success to any sys 
 tem of general education." 
 
 From the annual report of the Superintendent, it appeared that the number 
 of districts had increased to 10,132 ; the number of children between the ages 
 of five and sixteen, to 543,000 : and the number taught in the several districts 
 from which reports had been received, to 541,400, being an increase of over 
 10,000 from the preceding year. The Superintendent repeats the expression 
 of his conviction, "that a school fund so large as to admit of a distribution of 
 money to the common schools in any degree approaching the amount expended 
 for their support, would be likely to be injurious rather than beneficial, 
 A school fund," he observes, " can only be useful when its revenue is sufficient. 
 
41 
 
 and no more than sufficient, to operate as an inducement to the inhabitants of 
 school districts to contribute liberally to their support." " It is, from the 
 nature of the subject, impossible to fix the exact limit, below which a reduc 
 tion of the sum distributed (including the amount raised by taxation in the 
 several towns) would cease to operate as an inducement to the inhabitants to 
 assume the residue of the expenses of maintaining the schools, or beyond 
 which its increase would render their burdens so light as to create inattention 
 to the concerns of the districts. It may, however, be safely assumed, that, at 
 any point between forty and fifty cents per scholar, it is not probable that 
 either of these evils would be felt ; and that its augmentation above the max 
 imum, on the one hand, or its reduction on the other, below the minimum 
 above named, ought to be avoided, if practicable." The effect of the sub 
 sequent increase of the sum so distributed during the past few years, 
 has certainly, it may here be remarked, by no means inipcT.ched the 
 soundness and accuracy of this proposition ; the extent to which the schools 
 have improved being clearly attributable to other and more potent influences 
 than the augmentation of the public funds applicable to their support. 
 
 At the opening of the session of 1837, Gov. Marcy again .brought the sub 
 ject of common school education before the legislature, in connection with 
 the act of congress of the preceding year, authorizing the deposit of the 
 share belonging to this state, of the surplus revenue of the United States, 
 with the state for safe keeping, until required by the general government. 
 He recommended the appropriation from the income of this fund, .of an 
 amount equal to the sum annually distributed to the common schools, to 
 be applied to the same purpose, viz. the payment of the wages of duly 
 qualified teachers ; making the annual distribution for this purpose, $220,- 
 000 a liberal appropriation to the academies, " having in view principally 
 the design of rendering them more efficient as seminaries for educating 
 common school teachers and the addition of the residue of such income 
 to the capital of the common school fund. He also recommended the trans 
 fer of the general superintendence and supervision of the several academies 
 of the state, from the Regents of the University to the secretary of state 
 in his capacity of Superintendent of Common Schools, disapproving of the 
 proposed erection of a separate department of public instruction, and sug 
 gesting the appointment of an additional deputy to aid the secretary in the 
 performance of this portion of his official duties. He commends the efforts 
 in progress for the promotion of popular instruction by the diffusion of edu 
 cation through all ranks of the people, and the devotion of talents and 
 wealth to this great cause ; and expresses his conviction, that aided by the 
 powerful co-operation of the legislature, its advancement may confidently 
 be anticipated. 
 
 The sum of $110,000 was this year apportioned among the several school 
 districts, the number of which had augmented to 10,207. The number of 
 children between five and sixteen residing in the several districts from 
 which reports had been received, was 538,398 ; and the number instructed 
 within the year, 532,167 ; being a diminution of 9,234 from the number 
 instructed the preceding year. This diminution is accounted for by the 
 Superintendent, " by the prevalence of an absorbing attention, in a consid 
 erable portion of the community, to their pecuniary interests rather than 
 to the interests of education." " Strong excitements in the community," 
 he observes, " especially when continued for a length of time, are iu their 
 nature unfriendly to the cause of education ; and of such excitements none 
 is perhaps so much so as that which is characteristic of periods when for 
 tunes are amassed without effort and by the mere chances of speculation." 
 " In the year 1834," he continues, "the common schools were in better con 
 dition, in all respects, than they had been at any previous time ; and, as is 
 well known, that year was distinguished by a serious depression in the 
 business affairs of the country. The interests of education seem never to 
 be better secured than in seasons when individuals are compelled to hug- 
 band their resources, and when the highest as well as the most certain re- 
 
42 
 
 wards are those which are the fruita of patient industry. No period seems 
 less propitious to the promotion of those interests, than that season of de 
 lusive prosperity in which multitudes are tempted by a few instances of 
 wealth suddenly acquired, to lay aside their accustomed avocations, and 
 embark in the precarious pursuits of fortune." 
 
 In his message at the opening of the session of 1838, Gov. Marcy repeats 
 his recommendations of the previous year, in reference to the proper dis 
 position of the revenue of the United States deposit fund, with the addi 
 tional suggestion that a portion of this fund be devoted to the purchase of 
 DISTRICT LIBRARIES, in such of the several school districts of the state as 
 should raise by taxation an equal amount for that object. In reference to 
 the departments for the education of teachers connected with the respec 
 tive academies designated by the Regents of the University, he expresses 
 the opinion, that however ably conducted, they must of necessity be in 
 adequate to the supply of the requisite number of teachers for the common 
 schools, and suggests the establishment of county normal schools, " on prin 
 cipals analogous to those on which our system of common shools is found 
 ed." An increase of the number of academies provided with teachers de 
 partments, is also suggested, the additional expense to be defrayed from 
 the revenue of the deposit fund. 
 
 The number of school districts had now increased to 10,345 : the number 
 of children between five and sixteen residing in the several districts from 
 which reports were received, to 536,882 and the number taught was 524,- 
 188 ; showing a still further diminution of nearly 8,000 from the preceding 
 year. 
 
 During this session the sum of $160,000 was added from the annual re 
 venue of the United States deposit fund, to the amount to be apportioned 
 among the several school districts of the state ; of which $55,000 was 
 is required to be expended by the trustees in the purchase of suitable 
 books for a district library, and the residue for the payment of the wages 
 of duly qualified teachers. An equal amount was also required to be raised 
 by taxation on the several counties and towns, and applied to the same 
 purpose. The residue of the income, after making certain appropriations 
 to the colleges and academies, was added to the capital of the common 
 school fund. 
 
 On the 7th of March, the Hon. DANIEL D. BARNARD, from the literature 
 committee of the house, submitted a masterly and eloquent report upon 
 the general subject of public instruction, to which we regret that our limits 
 compel us only to advert. Many important and valuable suggestions for 
 the extension and greater efficiency of our systems of popular education 
 will be found embraced in this document. No specific action, however, in 
 accordance with the recommendations of the report was had. 
 
 At the opening of the session of 1839, Gov. SEWARD called the attention 
 of the legislature, in an especial manner, to the interests of elementary 
 public instruction ; expressing his conviction of the paramount necessity 
 of elevating the standard of education ; recommending legislative co-opera 
 tion in the furtherance of the effort to engraft the system of normal schools 
 upon our institutions for education, through the agency of the academies ; 
 strongly commending the district library system ; and urging the indis 
 pensable necessity of a more thorough and efficient visitation and super 
 vision of our common schools. 
 
 By the annual report of the superintendent, it appeared that the number 
 of organized school districts in the state was, at this period, 10,583 ; the 
 iiumber of children between the ages of five and sixteen years, residing in 
 the several districts from which reports had been received, 539,749 ; and 
 the number of children under instruction, 528,913 ; exceeding by 4,725 the 
 number instructed the preceding year. 
 
 In reference to the act of April, 1838, appropriating the income of the IT. 
 S. Deposit Fund to the purposes of education, the Superintendent ob- 
 aerves : 
 
43 
 
 " The acts of April last, after making certain appropriations for the sup 
 port of colleges, academies and common schools, from the income of the 
 United States Deposit Fund, provides that the residue of that income shall 
 be added annually to the capital of the common school fund. The income 
 of the former fund will amount to nearly $260,000 per annum, and the ap 
 propriations referred to amount to $208,000, viz. : to the common schools,, 
 to be applied to the payment of teachers, $110,000, and $55,000 to the pur 
 chase of school district libraries ; to the literature fund $28,000, and to 
 colleges $15,000; leaving a balance of about $50,000 to be applied to the 
 increase of the last mentioned fund. Should this appropriation continue 
 undisturbed, the capital of the common school fund will, bv the year 1850, 
 amount to about $3,000,000, without any further provision for its increase ; 
 as the sales of lands belonging to it may be expected to yield two or three 
 hundred thousand dollars." 
 
 On the subject of moral and religious instruction in the several schools, 
 the Superintendent has the following sensible and judicious remarks : 
 
 " However desirable it may be to lay the foundation of common school 
 education in religious instruction, the multiplicity of sects in this state 
 would render the accomplishment of such an object a work of great diffi 
 culty. In the state of Massachusetts it is provided by law that no school 
 books shall be used in any of the schools calculated to favor any religious 
 sect. In this state no such legal provision has been made ; but the natural 
 desire of every class of Christians to exclude from the schools instruction 
 in the tenets of other classes has led to the disuse, by common consent, of 
 religious books of almost every description, excepting the Bible and New 
 Testament, which are used in more than one hundred towns as reading 
 books. The spirit of jealousy by which the schools are surrounded, regard 
 ed as they are as most efficient instruments in the formation of opinions, 
 will probably render this state of things perpetual ; and it is of the greater 
 importance, therefore, that moral instruction and training should constitute 
 a principal branch of the system of education. No teacher ean receive a 
 certificate of qualification from the inspectors, unless they are satisfied as 
 to his moral character. In this respect the inspectors cannot be too rigid 
 in their scrutiny. A teacher whose moral sentiments are loose, or whose 
 habits of life are irregular, is an unfit instructor for the young, whatever 
 may be his intellectual acquirements,, or his skill in communicating knowl 
 edge. The lessons of moral truth which are taught at the domestic fireside 
 and the examples of moral rectitude and purity which are there display ed, 
 will be in danger of losing all their benefit, if the school room does not re 
 inforce them by its sanctions. If neither the atmosphere of the familv cir 
 cle, nor of the school, is free from impurity, to what other source can the 
 young resort for those principles of morality which shall render their intel 
 lectual improvement subservient to useful purposes, and without which it 
 might become an instrument to be wielded for the annoyance of their fel 
 lows and for their own destruction ? Though moral principles may have 
 their origin in the heart, it is not to be expected that their proper develop 
 ment can be effected amid the perpetual counteraction of hostile influences. 
 Moral cultivation should, therefore, be one of the first objects of common 
 school instruction. The great doctrines of ethics, so far as they concern 
 the practical rules of human conduct, receive the intuitive assent of all ; 
 and with them may be combined instruction in those principles of natural 
 religion, which are drawn from the observation of the works of nature, 
 which address themselves with the same certainty to the conviction, and 
 which carry to the minds of all observers irresistible evidence of the wis 
 dom, the beneficence and the power of their divine author. Beyond this, it 
 is questionable whether instruction in matters of religious obligation can 
 be carried, excepting so far as the school districts may make the Bible and 
 New Testament class books ; and there can be no ground to apprehend that 
 the schools will be used for the purpose of favoring any particular sect or 
 tenet, if these sacred writings, which are their own safest interpreters, ar^ 
 
44 
 
 read without any other comment than such as may be necessary to explain 
 and enforce, by familial- illustration, the lessons of duty which they 
 teach. 
 
 " In connexion with this subject, it is highly gratifying to consider that 
 the religious institutions of the country, reaching, as they do, the most se 
 questered neighborhoods, and the sabbath schools, which are almost as wide 
 ly diffused, afford ample means of instruction in the principles and practice 
 of the Christian faith. In countries where ecclesiastical affairs are the sub 
 ject of political regulation, there is no difficulty in making religious instruc 
 tion the foundation of education, by arrangements independent of the ac 
 tion of those whom it immediately concerns. But the policy of our law is 
 to leave the subject, where it may be most properly left, with the officers 
 and inhabitants of the school districts." 
 
 In passing from the administration of Gen. Dix to that of his successor, 
 it is scarcely necessary to observe that the exertions of the former, during 
 the six years in which the interests of the common schools were committed 
 to his charge, to elevate and expand the system of popular education, were 
 unsurpassed by any of his predecessors. The impress of his clear, discrim 
 inating and cultivated mind, was stamped upon every feature of that sys 
 tem, and the order, arrangement and harmony which pervaded all its parts, 
 were due not less to the ceaseless vigilance of its supervision than to the 
 symmetry and beauty of the system itself. In 1837 Gen. Dix, under the 
 authority of the legislature, collected together and published a volume of 
 the decisions of his predecessor and himself, embracing an exposition of 
 nearly every provision of the school act, and establishing, upon a permanent 
 basis, the principles of future interpretation and decision, in reference to 
 those provisions. The system of district school libraries was also organized 
 and put into successful operation under his immediate auspices ; and to his 
 clear and convincing exposition of the principles upon which this great in 
 stitution was based, the ends it was designed to subserve, and the objects it 
 was capable of accomplishing, a large share of the success which has at 
 tended its establishment thus far, is unquestionably due. 
 Administration of JOHN C. SPENC ER County Superintendents 1839 to 1842. 
 On the 4th of February, 1889, the Hon. JOHN C. SPENCER was appointed secre 
 tary of state and Superintendent of Common Schools. Deeply impressed 
 with the necessity of a more thorough and efficient supervision and inspection 
 of the several schools, his first measure was to procure the. passage of a law 
 authorizing the appointment of a County Board of Visitors, whose duty it 
 should be gratuitously to visit the common schools of their county, and to re 
 port to him the results of such examination, together with such suggestions 
 for the improvement of these institutions as they might deem expedient. These 
 visitors were selected from among the most intelligent citizens of the several 
 counties, without distinction of party ; and under specific instructions from the 
 department, most of the common schools of the state were visited by them, 
 and a mass of valuable information respecting their condition and prospects, 
 accompanied by suggestions for their improvement, obtained and communica 
 ted to the legislature. With great unanimity the plan of a county supervision 
 through the "medium of an officer to be appointed either by the Superintend 
 ent or by some local board, was urged upon the department and the legisla 
 ture ; and under the strong recommendation of the Superintendent, backed by 
 the exertions of several of the most eminent friends of popular education, 
 among whom may be enumerated the Hon. JABEZ D. HAMMOND, who as early 
 as 1835 had given to the public the details of a plan essentially similar; the 
 Rev. Dr. WHITEHOUSE, of Rochester; P RANCIS D WIGHT, Esq , editor of the 
 District School Journal, then of Geneva ; Professor POTTER, of Union College, 
 and JAMES WADSWORTH, Esq., of Geneseo, this project became, in 1841, by 
 the nearly unanimous action of the legislature, incorporated with our system 
 of common schools. 
 
 In his message at the opening of the session of 1840, Gov. Seward thus ad 
 verts to the subject of elementary education : 
 
45 
 
 "Although our system of public education is well endowed, and has been 
 eminently successful, there is yet occasion for the benevolent and enlightened 
 action of the legislature. The advantages of education ought to be secured to 
 many, especially in our large cities, whom orphanage, tht- depravity of parents 
 or some form of accident or misfortune seems to have doomed to hopeless pov 
 erty and ignorance. Their intellects are as susceptible of expansion, of im 
 provement, of refinement, of elevation and of direction, as those minds which, 
 .through the favor of Providence, are permitted to develop themselves under 
 the influence of better fortunes ; they inherit the common lot to struggle 
 against temptations, necessities and -vices ; they are to assume the same domes 
 tic, social and political relations, and they are born to the same ultimate des 
 tiny. 
 
 " The children of foreigners, found in great numbers in our populous cities 
 and towns, and in the vicinity of our public works, are too often deprived of 
 the advantages of our system of public education, in consequences of preju 
 dices arising from difference of language or religion. It ought never to be 
 forgotten, that the public welfare is as deeply concerned in their education as 
 in that of our own children. I do not hesitate, therefore, to recommend the 
 establishment of schools in which they may be instructed by teachers speaking 
 the same language with themselves, "and professing the same faith. There 
 would be no inequality in such a measure, since it happens from the force of 
 circumstauces, if not from choice, that the respon-ibilities of education are, in 
 most instances, confided by us to native citizens, and occasions seldom offer for 
 n. trial of our magnanimity, by committing that trust to persons differing from 
 ourselves in language or religion. Since we have opened our country and all 
 ita fulness to the oppressed of every nation, we shall evince wisdom equal 
 to such generosity by qualifying their children for the high responsibilities of 
 citizenship." 
 
 From the annual report of the Superintendent it appeared that the whole 
 number of organized school districts in the state was 10,706 ; the number of 
 children between the ages of five and sixteen, residing in the several districts 
 from which reports had been received, 664,790, and the number of children 
 taught during the year reported, 557,229 showing an increase of 28,816 over 
 the preceding year. 
 
 On the 13th of April, 1840, the Superintendent transmitted to the legisla 
 ture the reports of the several Visitors of Common Schools appointed by him 
 under the act of the preceding session, accompauid by a condensed abstract 
 of their views and suggestions, together with a full exposition of his own, in 
 reference to the various proposed improvements and modifications of the sys 
 tem. In relation to the inspection of the schools the Superintendent ob- 
 eervea: 
 
 " It has already been shown to the legislature, from the official returns, thai 
 at least one half of all the schools in the state are not visited at all by the 
 inspectors. The reports of the Visitors show that the examinations of the in 
 spectors are slight and superficial, and that no benefit is derived from them. 
 Many of the Boards unhesitatingly recommend the abolition of the office." 
 " The Superintendent is constrained to express his concurrence in the opinion 
 expressed by several of the boards of visitors, that the office of town inspector 
 of schools is unnecessary, and rather an incumbrance on the administration of 
 the system." He recommends the appointment of- Deputy Superintendents 
 of common schools for each county and expatiates upon the signal advantage 
 to be secured to the interests of the common schools by the adoption of a 
 system of visitation at once so comprehensive and efficient. He dissents from 
 the views of the visitors in reference to the expediency of establishing normal 
 schools in each county for the instruction of teachers ; being of the opinion 
 that, the existing system of academical departments for this purpose was pre 
 ferable ; and he accordingly concurs in the recommendation of his predecessor 
 to increase the number of those departments. He strongly urges the estab 
 lishment, under the patronage of the state, of a journal to be exclusively de- 
 yoted to the promotion of education ; the attainment; if practicable, through 
 
46 
 
 the Organization of some general society of an uniformity of text books for 
 the use of schools ; some adequate provision for the vaccination of children at 
 tending the common schools ; the introduction of vocal music as a branch of 
 elementary instruction ; the extension of the official term of office of the trus 
 tees of the several districts, and of commissioners of common schools, ard the 
 election of one annually: the voluntary organization of county boards of edu 
 cation, and of town, county and state associations for the improvement of 
 common school education ; the establishment in cities and populous places of 
 schools of different grades under the charge of a local Superintendent; and the 
 denial of costs to plaintiffs in suit commenced against school officers in cases 
 where the court shall certify that the act complained of was performed in 
 good faith and in the discharge of official duty. 
 
 On the subject of the proper preparation of teachers for the common schools, 
 the Superintendent holds the following language : 
 
 " The common school system of the state is comparatively of recent origin. 
 The first law authorizing the establishment of common schools was passed 
 about 26 years ago. In the management of the pecuniary and economical 
 affairs of the districts there is nothing to be desired. Greater regularity in 
 the administration of this part of the system cannot well be fancied. But its 
 defects become apparent the moment we enter the schools. All these defects 
 centre in a common deficiency under which the Russian schools languished so 
 long the want of efficient and well qualified teachers. One of the principal 
 improvemements which have occupied the attention of the legislature and the 
 friends of education during the last six years has been to supply this defect ; 
 but in the pursuit of this common objeet some diversity of opinion has pre 
 vailed with regard to the measures best calculated to accomplish it. Some 
 distinguished advocates of the cause of popular education (and among these 
 are found several of the chief magistrates of the state) have recommended the 
 establishment of teachers seminaries on the Prussian plan. The prevailing 
 opinion, however, has been in favor of departments for the education of teach 
 ers, engrafted upon the incorporated academies of the state, with such en 
 dowments as to render them adequate to the object in view." 
 
 " Although the proper objects of popular instruction are better understood 
 than they have been at any previous time, the importance of the reform now 
 in progress is not, perhaps, so generally appreciated as it deserves to be. It is 
 but a few years since common school instruction was ordinarily limited to a 
 knowledge of reading, writing and arithmetic. The acquisitions which are now 
 regarded as the means of education, were then sought as its objects and end. 
 No plan of education can now be considered complete, which does not embrace 
 a full development of the intellectual faculties , a systematic and careful disci 
 pline of the moral feelings, and a preparation of the pupil for the social and 
 political relations which he is destined to sustain in manhood. It must be con 
 ceded that the standard of common school education in this state falls far short 
 of the attainment of these objects. But the aim of its friends is to introduce 
 into the established system such improvements as shall ultimately secure their 
 accomplishment. Is this a visionary hope ? Those who are most familiar with 
 the practical workings of the system, believe that it is not. The whole reform 
 will be accomplished by furnishing each school district with a competent teach 
 er. The application of the remedy is certainly surrounded with difficulties. It 
 must be accomplished by the gradual progress and influence of opinion. The 
 Prussian system not only prepares the teachers, but compels the school districts 
 to employ them. Our whole system proceeds upon the principle of accomplish 
 ing by persuasion what the Prussian effects by force." 
 
 " There is reason to hope and believe that opinion will gradually accomplish 
 what it seems difficult, if not impossible, to secure by compulsory measures. 
 No people are more quick sighted as to their true interests than the inhabitants 
 O f this state. They cannot fail to see that the education of their children will 
 be best secured by employing competent teachers, and that the avenues to 
 wealth and distinction, though open to all, are beset with difficulties for those 
 w j ao enter them without -the mental preparation which is necessary to enable 
 
47 
 
 them to contend successfully against more favored competitors. These convic 
 tions may and doubtless will be, the fruit of time ; for they are to take the 
 place of long established opinions, which are not often hastily eradicated. The 
 reform of the Prussian system, as has already been observed, was gradual. 
 The teachers seminaries were, for many years, few in number, and were alto 
 gether inadequate to supply the schools. Our departments for the education of 
 teachers have been in operation but little more than three years ; and there is 
 certainly much ground for encouragement in the fact that the demands of the 
 school districts upon these departments, for teachers, have been greater than 
 they have been able to supply." 
 
 In reference to the plan of county supervision through the medium of local 
 superintendents, he observes : " A regular supervision is indispensable to the 
 success of every public or private undertaking. There is not a department of 
 the government which is not subject to some direct and immediate control, and 
 no individual appoints an agent for the management of any business, without 
 reserving and exercising a superintendence over him. Conscious of the abso 
 lute necessity of such a provision in the common school system, the framers of 
 the law endeavored to secure it by the election of town inspectors. But the ob 
 ject has not been obtained. The official reports show to what extent even the duty 
 of simple visitation has been neglected. And when the nature of these visita 
 tions is considered, it will be obvious that if they were as frequent as might be 
 desired, they could not accomplish the great purpose in view. To be of any 
 avail, the inspection of schools must be conducted by those who are competent 
 to judge of the qualifications of the teacher, and of the progress of the pupils, 
 by examinations in the different studies pursued, and to suggest such improve 
 ments and modifications as will enable the student to derive the greatest amount 
 of benefit from the schools. And time must be devoted not only to the schools 
 and their masters, but to the trustees and inhabitants." " All writers on pub 
 lic education concur in the unanimous and decided opinion, that effectual in 
 spection and supervision are more essential to the proper management of 
 schools, and more indispensable to their improvement than any other agency or 
 all other agencies combined ; and the Superintendent does not hesitate to ex 
 press his conviction that until they are provided, all efforts to improve the con 
 dition of the schools, to extend the range and elevate the character of the in 
 struction in them, will be utterly hopeless. M. Cousin, the celebrated author 
 on popular education, attributes the success of the schools in Holland almost en- 
 irely to the constant and unremitting inspection to which they are continually 
 subjected, and demonstrates that wherever schools have failed, in other countries, 
 to meet the public expectation in the degree and amount of instruction, it has 
 been owing to the want of such supervision." 
 
 On the Ifith of April, JOHN A. KINO, Esq., from the committee on colleges, 
 academies and common schools, of the assembly, submitted an elaborate re 
 port, accompanied by a bill embracing substantially the improvements and 
 modifications of the system recommended by the Superintendent. This bill 
 passed the assembly on the 1 2th of May subsequently, by a vote of fifty-eight 
 to forty-seven ; but no definitive action Avas had upon it in the senate, for want 
 of time. 
 
 The following are extracts from the message of Gov. Seward, at the opening 
 of the session of 1841 : 
 
 " The number of children attending the common schools is about 570,000 ; 
 and the whole number of children between five and sixteen years of age, as 
 nearly as can be ascertained, is about 600,000. There are about eleven thou 
 sand common school districts in the state, in all of which schools are maintain 
 ed during an average period of eight months in the year. Of these school 
 districts there are very few which have not complied with the act providing 
 for the establishment of school district libraries. * * * Although an 
 injudicious choice of books is sometimes made, these libraries generally 
 include history and biography, voyages and travels, works on natural history 
 and the physical sciences, treatises upon agriculture, commerce, manufactures 
 and the arts, and judicious selections from modern literature. Henceforth no 
 
citizen, who shall have improved the advantages offered by our common 
 schools and the district libraries, will be without some scientific knowledge of 
 the earth, its physical condition and its phenomena, the animals that inhabit 
 it, the vegetables that clothe it with verdure, and the minerals under its sur 
 face ; the physiology and the intellectual powers of man ; the laws of mechan 
 ics and their practical uses ; those of cllemistry and their application to the 
 arts, the principles of "moral and political economy; the history of nations, 
 and especially that of our own country ; the progress and triumph of the 
 democratic principle in the governments on this continent, and the prospects 
 of its ascendency throughout the world ; the trials and faith, valor and con 
 stancy of our ancestors ; with all the inspiring examples of benevolence, vir 
 tue and patriotism, exhibited in the lives of the benefactors of mankind. 
 The fruits of this enlightened and beneficent enterprise are chiefly to be gath 
 ered by our successors. But the present generation will not be altogether 
 unrewarded. Although many of our citizens may pass the district library, 
 heedless of the treasures it contains, the unpretending volumes will find their 
 way to the fireside, diifusing knowledge, increasing domestic happiness, and 
 promoting public virtue." 
 
 " Wh(. j n the census of 1850 shall be taken, I trust it will show, that within 
 the borders of the state of New York, there is no child of sufficient years 
 who is unable to read and write. I am sure it will then be acknowledged, 
 that when ten years before, there were thirty thousand children growing vfp 
 in ignorance and vice, a suggestion to seek them, wherever found, and win 
 them to the ways of knowledge, and virtue by pursuasion, sympathy and 
 kindness, was prompted by a sincere desire for the common good. 1 have no 
 pride of opinion concerning the manner in which the education of those whom 
 I have brought to your notice shall be secured ; although I might derive satis 
 faction from the reflection, that amid abundant misrepresentations of the 
 method suggested, no one has contended that it w r ould be ineffectual, nor has 
 any other plan been proposed. I observe, on the contrary, with deep regret, 
 that the evil remains as before , and the question recurs not merely how, or 
 by whom shall instruction be given, but whether it shall be given at all, or be 
 altogether withheld Others may be content with a system- that erects free 
 Hchools, and offers gratuitous instruction ; but 1 trust I f-hall be allowed to 
 entertain the opinion, that no system is perfect that does not accomplish what 
 it proposes ; that our system is therefore deficient in comprehensiveness, in the 
 exact proportion of the children that it leaves uneducated ; that knowledge, 
 however acquired is better than ignorance ; and that neither error, accident, nor 
 prejudice, ought to be permitted to deprive the state of the education of her 
 citizens. Cherishing such opinions, I could not enjoy the consciousness of having 
 discharged my duty, if any effort had been omitted which was calculated to 
 bring within the schools all who are destined to exercise the rights of citizen 
 ship ; nor shall I feel that the system is perfect, or liberty safe, until that object 
 be accomplished. Not personally concerned about such misapprehensions as 
 have arisen, but desirous to remove every obstacle to the accomplishment of so 
 important an object, I very freely declare, that I seek the education of those 
 whom I have brought before you, not to perpetuate any prejudices or distinc- 
 tions which deprive them of instruction, but in disregard of all such distinctions 
 and prejudices. . I solicit their education less from sympathy than because the 
 welfare of the state demands it, and cannot dispense with it. As native citi 
 zens they are born, to the right of suffrage. I ask that they may at least be 
 taught to re id and write ; and in asking this, I require no more for them than I 
 have diiligently endeavored to secure to the inmates of our penitentiaries, who 
 forfeited that inestimable franchise by crime ; and also to an unfortunate race, 
 which having been plunged by us into degradation and ignorance, has been ex 
 cluded from the franchise by an arbitrary property qualification incongruous 
 with all our institutions. I have not recommended, nor do I seek, the education 
 of any class in foreign languages, or in particular creeds or faiths ; but fully be 
 lieving, with the author of the Declaration of Independence, that even error 
 may be safely tolerated where reason is left free to combat it, and therefore 
 
49 
 
 indulging no apprehensions from the influence of any language or creed among 
 an enlightened people, I desire the education of the entire rising generation in 
 all the elements of knowledge we possess, and in that tongue which is the uni 
 versal language of our countrymen. To me, the most interesting of all our re 
 publican iustitutions is the common school. I seek not to disturb, in any man 
 ner, its peaceful and assiduous exercises, and least of all with contentions about 
 faith or forms. I desire the education of all the children in the commonwealth 
 in morality and virtue, leaving matters of conscience where, according to the 
 principles of civil and religious liberty established by our constitution and laws, 
 they rightfully belong." 
 
 In his annual report for the present year, the Superintendent strongly urges 
 the continuance of the departments for the instruction of teachers connected 
 with the academies, and the increase of the number of the institutions requir 
 ed to maintain such departments. " Normal Schools," he observes, " which 
 are so strongly urged by some, must, after all, be essentially like these depart 
 ments and the academies in which they are established. There must be a 
 board of managers or trustees, teachers, a building, books and apparatus. 
 These are already furnished by the existing academic!?, and there can be no in 
 trinsic defect in them which should prevent their being made as useful as any 
 normal schools. The change of name will not change the real nature of the 
 institution. The sum of money which would be requisite to purchase ground, 
 erect buildings for one normal school, and fit them for the purpose, would ena 
 ble at least ten academies to maintain similar schools in buildings already pre 
 pared, and under managers already organized. The Superintendent does not 
 mean to under-rate those schools, nor to depreciate the benevolent motives of 
 those who recommend them. He acknowledges, and indeed earnestly urges, 
 the inestimable value and absolute necessity of institutions in which our youth 
 may be prepared for the business of teaching. But he would use the means 
 we already have at hand for the purpose without incurring what seems to him 
 the needless expense of providing others of a similar character. He would 
 respectfully recommend the extension of the public patronage to all the acad 
 emies in the state, to enable them to establish teachers departments, and in 
 those counties where there are no academies, the establishment of normal 
 schools. For the latter purpose there might be a provision , authorizing the 
 boards of supervisors in such counties to raise the necessary sums to procure 
 suitable grounds and erect proper buildings ; and upon their being completed- 
 appropriating from the funds of the state a sufficient sum to employ compe 
 tent teachers." He, however, remarks in conclusion, "One model school or 
 more might be advantageously established in some central part of the state, 
 to which teachers and those intending to become such might repair, to acquire 
 the best methods of conducting our common schools." 
 
 Professor POTTER, of Union College, who, at the request of the department, 
 had visited and personally inspected during the year 1 840,several of the teachers 
 departments connected with the academies, submitted a very able report of the 
 result of his examination closing with the following suggestion : " I would sug 
 gest whether some means might not be adopted for training a class of teach 
 ers with more especial reference to country common schools, and to primary 
 schools in villages and cities teachers whose attainments should not extend 
 much beyond the common English branches, but whose minds should be awak 
 ened by proper influences who should be made familiar by practice with the 
 best modes of teaching, and who should come under strong obligations to teach 
 for at least two or three years. In Prussia and France normal schools are sup 
 ported at the public expense ; most of the pupils receive both board and tuition 
 gratuitously ; but at the close of the course they give bonds to refund the 
 whole amount received, unless they teach, under the direction of the govern 
 ment, for a certain number of years. That such schools, devoted exclusively 
 to the preparation of teachers, have some advantages over any other method, is 
 sufficiently apparent from the experience of other nations ; and it has occurred 
 to me that as a supplementary to our present system, the establishment of one in 
 this state might be eminently useful. If placed under proper auspices, and lo- 
 
50 
 
 eated near the capitol, where it could enjoy the supervision of the Superintend 
 ent of Common Schools, and be visited by the members of the legislature, it 
 might contribute in many ways to raise the tone of instruction throughout the 
 state." 
 
 The Superintendent renewed his recommendation of such a modification of 
 the common school system,, as was suggested in his report of the preceding 
 year. He contrasts the present situation of the schools with their condition 
 in 1815, the number of organized and reporting districts having increased from 
 2,631 to 10,397 ; the number of children instructed from 140,706 to 572,995 ; 
 and the amount paid from the treasury towards defraying the compensation of 
 teachers from $46,898 to $220,000 ; and after referring to the fact that $z75,- 
 000 were annually distributed in taxes, and nearly $500,000 on rate-bills, for 
 the support of the schools, observes, " A people who have thus freely expend 
 ed their money and appropriated their private means for the education of their 
 children, to an amount nearly double the expense of administering the govern 
 ment cannot with any truth or justice, be said to be indifferent to the subject. 
 And when we find thirty thousand trustees of school districts gratuitously ren 
 dering their services, and making their returns with order, regularity and 
 promptitude, we ought not to deny their appreciation of the value of the labor 
 in which they engage, nor their merit in performing it. It is no slight proof 
 of the value of a system which is thus administered without compulsion. Its 
 fruits are seen in the education of one -fourth of an entire population, and of 
 nearly every child of a proper age for the primary schools ; in the advance of 
 the wages paid to teachers, a clear indication that a higher degree of talent is 
 employed and appreciated ; and in the interest almost universally excited among 
 onr fellow-citizens of every class, in the success of the effort. Still, like every 
 other human institution, it is susceptible of constant improvement. This is not 
 to be accomplished by sudden changes which derange the machinery, and which, 
 when effected, will probably be found to require alteration; and least of all by 
 those schemes which are so comprehensive as to be incapable of practical exe 
 cution. Amendments, when experience has indicated their necessity, may be 
 gradually incorporated in the system, without obstructing it. And the intro 
 duction of new elements to aid, invigorate and sustain what we have, and in 
 keeping with it, will be more likely to accomplish their purpose than if they 
 were antagonistic to what is already established." 
 
 Un the 26th of May, 1 841, the legislature, by a nearly unanimous vote, pas 
 sed the act drawn up by Mr. Spencer, and reported by the literature commit 
 tees of the two houses, providing for the appointment by the board of super 
 visors of each county, biennially, of a County Superintendent of common schools, 
 charged with the general supervision of the interests of the several schools un 
 der his jurisdiction. The various powers, functions and duties of this officer, 
 will hereafter be more particularly adverted to. The number of town inspect 
 ors of schools was reduced to two; the qualifications of voters at school district 
 meetings, specifically defined ; provisions made for the establishment of schools 
 for the instruction of colored children ; a subscription for so many copies of a 
 monthly periodical exclusively devoted to the cause of education, as should 
 supply each district in the state, authorized ; and various minor_amendrnentg iu 
 the details of the system made. 
 
 Under this act, County Superintendents were appointed in the various coun 
 ties of the state ; and under full and ample instructions from the Superintend 
 ent, entered in the succeeding winter upon the discharge of their official duties. 
 S. S. RANDALL, then a clerk in the department, was appointed by Mr. Spencer, 
 general Deputy Superintendent, in accordance with one of the provisions of 
 the act. 
 
 By an ordinance of the Regents of the University, of the 4th of May, 1841, 
 the sum of $300 was directed to be annually apportioned to two academies in 
 each of the Senate districts, for the maintenance of the departments for the 
 education of teachers of common schools ; in addition to which seven other ac 
 ademies were provided with similar departments, under the act of 1838, requi 
 ring their establishment in every institution receiving a share of the Literature 
 
51 
 
 fund equal to $700 per annum. In October of this year Mr. Spencer was 
 transferred to a seat in the Cabinet, as Secretary of War ; and by a provision 
 in the act of 1841, above referred to, the duties of Superintendent of Common 
 Schools devolved upon his general deputy, until the vacancy was filled by the 
 legislature in the month of February ensuing. 
 
 Of the energy, ability and transcendent success with which the brief admin 
 istration of Mr. SPENCKR was conducted, it would be superfluous here to speak. 
 The value and importance of the reform effected under "his auspices, and chief 
 
 ly through his indefatigable exertions, in the system of common schools, by 
 the adoption of the plan of local supervision through the agency of County 
 Superintendents, will be best appreciated by the fact that every successive 
 
 legislature since convened, through every mutation of party, has, with unex 
 ampled unanimity, sanctioned and sustained the system so devised and matur 
 ed : that the practical operation of that system has immeasurably elevated 
 the condition of the common schools throughout the state, advanced the stand 
 ard of popular educatiou, enlisted the efficient co-operation of an enlightened 
 public sentiment, and laid the foundations for that universal diffusion of know 
 ledge, which under the guidance of sound moral and religious principles, is 
 destined to sustain, and we would fain hope , to perpetuate, the fabric of our 
 free institutions. 
 
 On the 5th of January, 1842, the acting Superintendent, (S. S. RANDALL) 
 transmitted to the legislature the annual report required from the department, 
 from which it appeared that the whole number of school districts in the state 
 was 10,886 ; the number of children between the ages of five and sixteen, resi 
 ding in the several districts from which reports had been received (exclusive of 
 the city of New York,) 583,347, and the number of children under instruction 
 603,583, being an increase of 31J,588 over that of the preceding year. 
 
 Administration of SAMUEL YOUNG Town Superintendents, Normal School 
 
 and Teachers Institutes 4842 to 1846. 
 
 On the 7th of February succeeding, the Hon. SAMUEL YOUNG, of Saratoga, wa & 
 appointed Secretary of State and Superintendent of Common Schools ; and in 
 May following he met the several county superintendents in convention at 
 Utica, and possessed himself of a thorough acquaintance with the deta : ls and 
 practical operations of the system whch he had been called upon to supervise. 
 In his first annual report, (Jan 12, 1843) he recommended the reduction of 
 the academical department* for the education of teachers of common schools 
 to four, and the appropriation of a sufficient sum to establish and maintain a 
 normal school at the seat of government, where it might be subjected to the 
 immediate supervision as well of the department as of the representativeeof 
 the people during the sessions of the legislature ; the abolition of the offices of 
 commissioner and inspector of common schools, and the substitution of a town 
 superintendent ; the extension of the official term of trustees of school districts 
 to three years, one to bu elected annually; the vesting of appellate powers in 
 the first instance in the several county superintendents ; the perpetuation of the 
 district library system, with suitable modifications and restrictions, and various 
 other incidental and minor reforms of the system : most of which, with the ex 
 ception of that portion relating to a normal school, in pursuance of his sugges 
 tions, an I on an able and argumentative report from Mr. HULBUUD, of St. Law 
 rence, chairman of the committee on colleges, academies and common schools, of 
 the assembly, were incorporated by the legislature in the act of April 16, 1843. 
 At this period the number of school districts had attained the number of 10,893 ; 
 the number of children between 5 and 1 6, residing in the several reporting dis 
 tricts, was 6 Jl,765, and the whole number under instruction 598,749. The Su 
 perintendent acknowledges a " decided predisposition " on his accession to of 
 fice, toexetcise whatever influence he might possess" for the abolition of 
 the system of county supervision. But after attending the convention of coun 
 ty superintendents, and possessing himself of a thorough acquaintance with the 
 previous defects and present advantages of that system, he thus sums up the 
 conclusions to which he had arrived : 
 
52 
 
 " Deputy Superintendents properly qualified for the discharge of their func 
 tions, possessing a competent knowledge of the moral, intellectual, and physi 
 cal sciences, familiar with all the modern improvements in elementary instruc 
 tion, and earnestly intent on elevating the condition of our common schools, 
 can do much more to accomplish this desirable result, than all the other offi 
 cers connected with the system. Acting on a broader theatre, they can per 
 form more efficiently all that supervision which has heretofore been so deplora 
 bly neglected, or badly executed. The system of deputy superintendents is 
 capable of securing, and can be made to secure, the following objects : 
 
 " It can produce a complete and efficient supervision of all the schools of the 
 state, in reference as well as to their internal management, as to their external 
 details : 
 
 " It can be made to unite all the schools of the state into one great system ; 
 making the advancement of each the ambition of all ; furnishing each with the 
 means of attaining the highest standard of practical excellence, by communica 
 ting to it every improvement discovered or suggested in every or any of the 
 others : 
 
 " It can do much towards dissipating the stolid indifference which paralyses 
 many portions of the community, and towards arousing, enlightening and enlist 
 ing public sentiment, in the great work of elementary instruction, by systematic 
 and periodical appeals to the inhabitants of each school district, in the form of 
 lectures, addresses, &c. 
 
 " It can be made to dismiss from our schools all immoral and incompetent 
 teachers, and to secure the services of such only as are qualified and efficient, 
 thereby elevating the grade of the schoolmaster, and infusing new vitality into 
 the school. 
 
 " An attentive examination of the interesting reports of the deputy superin 
 tendents will clearly show that the accomplishment of several of the most im 
 portant of these objects is already in a state of encouraging progression. 
 
 " In these times of commercial paralysis, monetary pressure and impending 
 taxation, superinduced by causes which were clearly foreseen, and might easi 
 ly have been obviated, it is very far from the intention of the Superintendent 
 to advocate any system which shall add weight to the existing burdens of the 
 community. Instead of this, it will be manifest that the system of deputy su 
 perintendents can be made to supersede official duty heretofore badly perform 
 ed, and taxation heretofore imposed with little resulting utility, to an amount 
 greatly exceeding the expenses of this system." 
 
 Gov. BOUCK, in his annual message to the legislature of 1844, thus alludes 
 to the condition and prospects of the common schools : 
 
 " No interest of the State is entitled to a more favorable regard, or a greater 
 share of attention at the hands of the legislature, than that of public instruc 
 tion. The intellectual and moral culture of the six or seven hundred thousand 
 children who are speedily to succeed the generation now on the stage of ac 
 tive life, and to assume the duties and responsibilities, as well of government as 
 of society, in all its departments, involves, in its consequences, the existence 
 and destinies of the Republic itself, and cannot be neglected without danger 
 to the vital interests of free institutions. The elementary education of the 
 youth of the state has attracted the attention, and occupied a prominent posi 
 tion in the policy of, the executive and legislative departments, from a very 
 early period of our existence as a state. A perpetual fund, the revenue of 
 which, for several years past, has secured an annual apportionment from the 
 the treasury, for the benefit of the common schools, of SI 10,000, has been spe 
 cifically appropriated, by a provision of the constitution, to this object ; and 
 since the year 1839, the additional amount of $165,000 has annually been ap 
 propriated, by the liberal and enlightened policy of the state, from the reve 
 nue of the United States Deposite Fund, to the same object, and to the pro 
 curement of common school libraries in the several school districts of the 
 state. An amount in the aggregate equal to these two sums ($275,000) is re 
 quired to be annually raised upon the taxable property in the several towns ; 
 and the proceeds of this fund, augmented.by nearly an equal amount, contribu- 
 
53 
 
 ted by the inhabitants of the several districts, on rate bills, by various local 
 funds, and by sums voluntarily raised for this purpose by the inhabitants of 
 the towns, are applied exclusively to the payment of the wages of competent 
 and approved teachers, and to the purchase of suitable books for the school 
 district libraries. 
 
 " The substitution of a single officer, charged with the supervision of the 
 common schools of each town, for the Board of Commissioners and inspectors 
 formerly existing, in connection with the supervisory and appellate powers of 
 the several county Superintendents, as defined by the law of the last session, 
 seems to have met with the general approbation and concuiTence of the peo 
 ple. Conventions and associations of the friends of education have, dur 
 ing the past year, been held in almost every section of the state, indicating a 
 concentration of interest, and a direction of effort to this great subject, which 
 cannot fail of producing the most salutary results. The standard of qualifica 
 tion of teachers has been materially advanced ; parents and the people gener 
 ally manifest an increased interest in the welfare and prosperity of these ele 
 mentary institutions of learning ; and there are the most abundant reasons 
 for anticipating a steady and continued improvement in all the elements of our 
 extended system of common school education." 
 
 There were in the state, as appears by the annual report of the Superin 
 tendent, (Jan. 13, 1844) 10,875 organized school districts, 670,995 children 
 between the ages of five and sixteen, exclusive of those residing in the city 
 of New York; and 657,782 children taught during the year. " We may 
 reasonably," observes the Superinteodent, " congratulate ourselves upon the 
 accession of a new order of things, in relation to the practical workings of 
 our system. Through the medium of ah efficient county and town super 
 vision, we have succeeded not only in preparing the way for a corps of 
 teachers thoroughly competent to communicate physical, intellectual and 
 moral instruction themselves enlightened and capable of enlightening 
 their pupils but also in demolishing the numerous barriers which have 
 hitherto prevented all intercommunication between the several districts. 
 An extended feeling of interest in the condition and progress of the school 
 has been awakened ; and in addition to the periodical inspection of the 
 county and town superintendendents, the trustees and inhabitants are now, 
 in many portions of the state, beginning to visit the schools of their dis 
 tricts ; striving to ascertain their advancement ; to encourage the exertions 
 of teachers and pupils, and to remove every obstacle resulting from their 
 previous indifference. Incompetent teachers are beginning to find the 
 avenues to the common school closed against them ; and the demand on 
 the part of the districts for a higher grade of instructors, is creating a 
 supply of enlightened educators, adequate to the task of advancing the 
 youthful mind in its incipient efforts to acquire knowledge. The impetus 
 thus communicated to the schools of one town and county, is speedily 
 diffused to those of others. Through frequent and periodical meetings of 
 town and county associations of teachers and friends of education, the 
 improvements adopted in any one district are made known to all ; and 
 the experience, observations and suggestions of each county Superintendent, 
 annually communicated through their reports, to all. By these means the 
 stream of popular education, purified at its source and relieved from many 
 of its former obstructions, is dispensing its invigorating waters over a very 
 considerable portion of the state. 
 
 " The reports of the several county Superintendents exhibit unequivocal 
 evidence of effiicent exertions on their part, in the performance of the res 
 ponsible duties assigned them by law and by the instructions of this 
 department. To their efforts is to be attributed, to a very great extent, the 
 revolution in public sentiment, by which the district school from being the 
 object of general aversion and reproach, begins to attract the attention and 
 regard of all. To their enlightened labors for the elevation and advance 
 ment of these elementary institutions, we owe it in a great measure, that 
 new and improved modes of teaching, of government and of discipline have 
 
54 
 
 succeeded in a very large proportion of the districts, to those which have 
 hitherto prevailed ; that a higher grade of qualifications for teachers has 
 been almost universally required ; that parents have been induced to visit 
 and take an interest in the schools ; that private and select schools have 
 been to a considerable extent discountenanced, and the entire energies of 
 the inhabitants of districts concentrated on the district school ; and thai 
 the importance, the capabilities and extended means of usefulness of these 
 nurseries of knowledge and virtue, are beginning to be adequately appre 
 ciated in nearly every section of the state. Collectively considered, these 
 officers have well vindicated the confidence reposed in them by the legis 
 lature and the people, and justified the anticipation of the friends of edu- 
 tion." 
 
 The attention of the friends of Common School Education was now power 
 fully and systematically directed to the subject of a State Normal School 
 for the proper instruction and preparation of teachers. To this end, Mr. 
 HULBUKD, of St. Lawrence, who was again at the head of the Assembly 
 Committee on Colleges, Academies and common schools, visited, during the 
 early part of the session, the several Normal Schools of Massachusetts, ob 
 served their parctical working, made himself thoroughly acquainted with 
 the principles upon which they were founded, and collected a valuable 
 body of information in regard to the general history and specific operations 
 of similar institutions in Europe. 
 
 On the 22d of March, he submitted an elaborate and eloquent report, 
 embracing the entire subject, reviewing the legislation of the State in refer 
 ence to the various appropriations made from the literature fund, to the 
 several Academies, for the purpose of organizing and establishing Teachers 
 Departments ; showing that these institutions were wholly incomptent to 
 supply the demand for competent teachers, throughout the state ; giving 
 a concise history of the origin and progress of Normal Schools in Europe and 
 America, with a detailed account of their operations in Massachusetts ; and 
 strongly recommending the appropriation from the income of the literature 
 fund of $9,600 for the establishment, and $10,000 annually thereafter for 
 the support and maintenance of a State Normal School, to be located in 
 the city of Albany, for the education and proper preparation of teachers of 
 common schools, of both sexes, and to be composed of pupils selected from 
 the several counties of the state in proportion to the representation of such 
 counties in the popular branch of the Legislature. 
 
 After a full recapitulation of the previous legislation of the state, in refer 
 ence to Academical Departments for the instruction of teachers the com 
 mittee observe : 
 
 " It will appear that the principal reliance of the friends and supporters 
 of the common schools for an adequate supply of teachers has, from a very 
 early period, been upon the academies that the inability of the latter to 
 supply this demand, induced, in 1827 an increase of $150,000 of the fund 
 applicable to their support, and this for the express purpose of enabling them 
 to accomplish this object : that the Regents of the University, the guardians 
 of these institutions, characterized this increase of the fund as an unwonted 
 and extraordinary act of liberality on the part of the state towards them 
 explicitly recognized the condition, or rather the avowed expectations on 
 which it was granted accepted the trust, and undertook to perform those 
 conditions and to fulfil those expectations : that, to use the language of one 
 of the Superintendents, the design of the law was not sustained by the 
 measures necessary to give it the form and effect of a system ; " that to 
 remedy this evil, one academy was specially designated in each Senate dis 
 trict, with an endowment of 500 to provide the necessary means and facil 
 ities of instruction, and an annual appropriation of $400 for the mainten 
 ance of a department for the education of teachers, and soon afterwards the 
 sum of $28,000 added to the literature fund from the avails of the U. S. 
 Deposit fund while eight additional academies were required to organize 
 and maintain similar departments : that finally the number of these depart- 
 
55 
 
 
 
 ments was augmented to twenty-three, and every exertion put forth to 
 secure the great results originally contemplated in their establishment ; and 
 that in the judgment of successive Superintendents of common schools, the 
 Regents of the University, and the most eminent and practical friends of 
 education throughout the state, these institutions, whether considered in the 
 aggregate or with reference to those specially designated from time to time, 
 for the performance of this important duty of supplying the common schools 
 with competent teachers, have not succeeded in the accomplishment of that 
 object. Having, therefore, to revert again to the language of the Superin 
 tendent before referred to, " proved inadequate to the ends proposed ; " 
 may not now " a change of plan be insisted on, without being open to the 
 objection of abandoning a system which has not been fairly tested V And 
 have the academies any just reason to complain if they are not longer per 
 mitted to enjoy undiminished the liberal appropriation conferred upon them 
 by the state for a specific object an object which they have not been able 
 satisfactorily to accomplish ? " 
 
 The committee then proceed minutely to trace the origin, progress and 
 practical operation of Normal Schools in Europe and in this country, and 
 after a general discussion of their applicability and expediency under the 
 peculiar circumstances which exist in our own state, and the recommenda 
 tion of an appropriation for the organization and support of a Normal School 
 at the seat of government, for the education and training of teachers, 
 observe : 
 
 M It will be noticed that the committee speak of the establishment of one 
 Normal School : Did our present means seem to warrant it, the committee 
 would, with confidence, recommend the immediate establishment of at least 
 one in each of the eight Senatorial districts. If one is now established, and 
 that is properly endowed and organized, there cannot be a doubt that not 
 only one will be called for in each of the eight Senatorial districts, but in a 
 brief period very many of the large counties will insist upon having one 
 established within their limits. The establishment of one is but an experi 
 ment if that can be called an experiment, which for more than a century 
 has been in operation, without a known failure which, if successful, will 
 lead the way for several others. It is believed that several of the Acade 
 mies now in operation can and will be converted into Normal Seminaries, 
 when the period arrives for the rapid improvement of education ; in this 
 way there will be no loss of academic investment, and the great interest of 
 the public will be as well or better subserved than they are at present. 
 
 " The committee believe the experiment should be tried at the Capi 
 tal ; if it cannot be tested in the presence of all the people, it should be 
 before all the representatives of the people. As a government measure, 
 it is untried in this state ; the result, therefore, will be of deep interest. 
 Here at each annual session of the legislature, can be seen for what and 
 how the public money is expended ; here can be seen the exhibition of the 
 pupils of the Seminary and of the Model School ; here, if unsuccessful no 
 report of interested officials can cover up its failure, or prevent the abandon 
 ment of the experiment ; here citizens from all parts of the state, who resort 
 to the Capital during the session of the legislature, the terms of the courts, 
 <fcc., can have an opportunity of examining the workings of the Normal 
 school system, of learning the best method of teaching, and all the improve 
 ments in the science and practice of the art ; those who in the spring and 
 autumn, pass through the city, and to and from the Great Metropolis, and 
 those who from all parts of the union make their annual pilgrimage to the 
 Fountain of Health, will pause here to see what the Empire State is doing 
 to promote the education of her people." 
 
 On the seventh of May, succeeding, the bill reported by the Committee 
 was passed into a law, by which the sum of $9,600 was appropriated for 
 the first year, and $10,000 annuallv for five years thereafter and until other 
 wise directed by law, for the establishment and support of a Normal school 
 to be located at Albany, and to be under the supervision, management and 
 
 
56 
 
 direction of the Superintendent of common schools and the Regents of the 
 University, who were authorized and required, from time to time, to make 
 all needful rules and regulations ; to fix the number and compensation of 
 teachers and others to be employed therein ; to prescribe the preliminary 
 examination and the terms and conditions on which the pupils should be 
 received and instructed ; to apportion such pupils among the respective 
 counties, conforming as nearly as might be to the ratio of population ; and 
 generally, to provide in all things for the good government and manage 
 ment of the school. They were also required to appoint an executive com 
 mittee, consisting of five persons, one of whom should in all cases be the State 
 Superintendent of common schools, to whom the immediate government 
 and direction of the institution should be committed, subject to such general 
 rules as the Regents might prescribe, and whose duty it should be to make 
 full and detailed reports from time to time to the Superintendent and 
 Regents, and to recommend such rules and regulations as they might deem 
 proper for the school. The Superintendent and Regents \rere likewise 
 required annually to transmit to the legislature, an account of their pro 
 ceedings and expenditures. 
 
 In pursuance of this act, the Regents of the University, proceeded on the 
 1st of June thereafter, to the appointment of an Executive Committee, 
 consisting of the Superintendent of common schools (Col. YOUNG) Rev. 
 ALONZO POTTER, Rev. WILLIAM H. CAMPBELL, Hon. GIDEON HAWLEY and 
 FRANCIS DWIGHT, Esq., who held their first meeting on the 20th of June. 
 Having obtained from the corporation of the city of Albany, the lease for 
 five years of a commodious building for the use of the school, they adopted 
 the necessary measures for its organization and establishment, by requesting 
 the Board of Supervisors of the several counties, to appoint on the nomination 
 of the county Superintendents, a number of pupils, corresponding to their 
 respective representation in the Assembly ; by the appointment of DAVID 
 P. PAGE, of Newburyport, Mass., as Principal, GEORGE R. PERKINS, of Utica, 
 as Professor of Mathematics, FREDERICK I. ILSLEY, of Albany as teacher of 
 Music, and J. B. HOWARD, of Rensselaer, as teacher of Drawing ; and by 
 making such general rules and regulations as they deemed expedient and 
 necessary, in reference to the course of study, management and discipline of 
 the school. On the 18th of December, the school was opened, by a public 
 address from the Superintendent of common schools. Twenty-nine pupils 
 only were in attendance ; this number, however, speedily increased to 
 upwards of one hundred ; and an experimental or model school was at the 
 commencement of the second term, attached to the institution, comprising 
 upwards of a hundred children of both sexes, 
 
 At the opening of the session of the legislature of 1845, Gov. WRIGHT, in 
 his annual message to both Houses, thus adverted to the subject wf~ommon 
 school education : 
 
 " No public fund of the state is so unpretending, yet so all pervading so 
 little seen, yet so universally felt so mild it its exactions, yet so bountiful 
 in its benefits so little feared or courted, and yet so powerful, as this fund 
 for the support of common schools. The other funds act upon the secular 
 interests of society, its business, its pleasures, its pride, its passions, its vi 
 ces, its misfortunes. This acts upon its mind and its morals. Education is 
 to free institutions what bread is to human life, the staff of their existence. 
 The office of this fund is to open and warm the soil, and sow the seed from 
 which this element of freedom must grow and ripen into maturity ; and the 
 health or sickness of the growth will measure the extent and security of our 
 liberties. The thankfulness we owe to those who have gone before us, for 
 the institution of this fund, for its constitutional protection, and for its safe 
 and prudent administration hitherto, we can best repay by imitating their 
 example and improving upon their work, as the increased means placed in 
 our hands shall give us the ability. 
 
 " Few, if any instances, are upon record in which a fund of this descrip 
 tion has been administered, and its bounties dispensed through a period of 
 
57 
 
 forty years, with so few suspicions, accusations, or complaints of the inter 
 ference of either political or religious biases to disturb the equal balance by 
 which its benefits should be extended to our whole population. This should 
 continue as it has been. Our school fund is not instituted to make our 
 children and youth either partizans in politics, or sectarians in religion ; but 
 to give them education, intelligence, sound principles, good moral habits, 
 and a free and independent spirit ; in short, to make them American free 
 men and American citizens, and to qualify them to judge and choose for 
 themselves in matters of politics, religion and government. Such an ad 
 ministration of the fund as shall be calculated to render this qualification 
 the most perfect for the mature minds, with the fewest influences tending 
 to bias the judgment or incline the choice, will be the most consonant with 
 oui duties, and with the best interests of our constituents. Under such an 
 administration, education will nourish most and the peace and harmony of 
 society be best preserved." 
 
 From the annual report of the Superintendent, (Col. YOUNG) it appeared 
 that the whole number of school districts in the state, was 10,990 ; the whole 
 number of children between the ages of five and sixteen, was 696,548 ; the 
 number of children of all ages, actually taught in the common schools during 
 the year reported, 709,156, or more than 50,000 beyond the number taught 
 during the preceding year ; the amount paid for teachers wages $992,222 ; 
 of which $447,566 was raised on rate-bills ; the amount paid for library pur-[ 
 poses $94,950.54 ; and the number of volumes in the several district librar-* 
 ries 1,038,396. 
 
 " A more just appreciation on the part of the public," observes the Su 
 perintendent, in concluding his report, " not only of the importance of ade 
 quate intellectual and moral culture in our common schools, but of the re 
 sponsibilities of teachers, is beginning to prevail. There is much in the 
 prospect thus opened to us, cheering and encouraging to the friends of free 
 institutions; to the friends of education, and of civil, social and moral pro 
 gress. The great idea of education, in its most comprehensive acceptation, 
 consists in that development, culture and discipline of all the faculties of 
 our nature, which shall fit us for the highest sphere of usefulness, and the 
 highest degree of enjoyment of which that nature, in the circumstances by 
 which we are surrounded, is susceptible. 
 
 " This conception of that preliminary training which is to give us the 
 complete and efficient control of the energies, physical and moral, of our 
 common humanity, has at length, it is to be hoped, assumed its place as the 
 foundation of the science of elementary instruction. Institutions for the 
 preparation of teachers upon the most approved models, are already diffusing 
 far and wide, a more enlightened and practical system of mental culture, 
 by furnishing to the schools instructors of a high grade of qualifications, in 
 tellectual and moral ; and these instructors, in their turn, communicate ele 
 ments of knowledge and the means of self-improvement, to the pnpils com 
 mitted to their charge. The general substitution of knowledge for the par 
 rot-like rote, by which a vigorous and retentive memory was made the prin 
 cipal test of mental capacity, may be regarded as one of the strongest indi 
 cations of the prevalence of sounder principles, and of a progressive revolu 
 tion in the theory and practice of education, 
 
 " These are the principal agencies through whose united influence our 
 common schools have imbibed that spirit of improvement which is percepti 
 ble in nearly every section of the state, and which must ultimately renovate 
 our entire system of public education, and exert a beneficial influence upon 
 all our institutions, civil, social and political. In the late strongly contested 
 election for the chief magistrate of the United States, the result was deter 
 mined for good or for evil, by 237,600 votes cast in this state ; and the re 
 sult will, doubtless, eventuate in a course of measures which will affect, 
 beneficially or otherwise, the interests of some twenty millions of human 
 beings, for a series of years to come. The whole number of children now 
 under the course of instruction in the common schools of this state, exceeds 
 
 
58 
 
 700,000 ; estimating one-half of this number as females, and making a still 
 farther deduction of 100,000, or one-seventh of the whole, for removal from 
 the state, death, or inability from any other cause, to discharge the duties 
 appertaining to the citizen and we have remaining 250,000, who, upon a 
 reasonable estimate will, within a less period than fifteen years, emerge from 
 our common schools invested with all the functions of popular sovereignty ; 
 a number exceeding by upwards of 12,000 that which has recently given to 
 the Union a Chief Magistrate. 
 
 " On the flourishing condition of our schools repose the hopes of the 
 present and the destinies of the future. Without a sound, moral and intel 
 lectual education, the functions of self government can neither be duly 
 appreciated nor successfully maintained, The constitution of several of 
 the South American Republics appeared theoretically to secure human 
 liberty. But paper provisions are powerless unless they are also impressed 
 on the hearts, and combined with the intelligence of the people. Without 
 an accurate knowlede of their rights and duties, and a determination to 
 maintain them, no community can long be free ; and the melancholy truth 
 that the South American Republics have fallen into revolutionary decrep 
 itude, and degenerated into military despotisms, affords to us an impressive 
 admonition. Indeed without going beyond our own borders, premonitious 
 of an anti-social spirit of insubordination to the law of combining to 
 perpetrate violence, riot, incendiarism and murder are sufficiently alarm 
 ing in their rapid increase during the last few years. If the same spirit 
 pervaded the majority of the community, the existing government would 
 be at an end ; and as human society cannot exist without a superintending 
 power of protection, the aid of some more energetic and despotic form of 
 government would necessarily be invoked to administer justice, to maintain 
 order, and to shield the poor from the exactions of the rich, the weak from 
 the aggressions of the strong. 
 
 " The great extent of the American Republic its rapidly increasing 
 population the diversity of habits, pursuits, productions, and interests, 
 some of which are regarded as hostile to others render necessary at all 
 times, the cultivation of a liberal spirit of forbearance and conciliation. 
 Without the diffusion of education, such a spirit, in sufficient strength to 
 maintain harmony, cannot exist. It may be safely affirmed, that there is 
 now no people of equal numbers on the face of the earth, who, if placed 
 under such institutions as ours, would maintain the government for a single 
 year. And unless moral and intellectual culture, shall at least keep pace 
 with the increase of numbers, this republic will assuredly fall. On the 
 careful cultivation in our schools, of the minds of the young, the entire 
 success or the absolute failure of the great experiment of self government 
 is wholly dependent ; and unless that cultivation is increased, and made 
 more effective than it has yet been, the conviction is solemnly impressed by 
 the signs of the times, that the American Union, now the asylum of the 
 oppressed and " the home of the free," will ere long share the melancholy 
 fate of every former attempt of self government. That Union is and must 
 be sustained by the moral and intellectual powers of the community, and 
 every other power is wholly ineffectual. Physical force may generate 
 hatred, fear and repulsion ; but can never produce Union. The only salva 
 tion for the republic is to be sought for in our schools. It is here that the 
 seeds of liberty are sown, and made to germinate and grow, and produce 
 rich fruit in abundance. Every improvement that can be given to these 
 primary institutions, affords an additional guaranty for the permanent main 
 tenance of rational freedom. 
 
 " The duration of the life of man should be estimated, not by the years 
 of his physical existence, which would degrade him to the level of the 
 brute but by the period of the expansion and enjoyment of his moral and 
 intellectual faculties. Thence it has been affirmed with philosophic truth, 
 that "he who shortens the road to human knowledge lengthens life." The 
 cradle and the grave are in such close proximity, even when the interval i 
 
59 
 
 most extended, that human existence may be regarded as nearly a blank, 
 unless the early portion of the brief space by which they are separated is 
 seduously devoted to the developement of the mind. The undying part of 
 our nature has been impressed by its creator with an unconquerable desire 
 for knowledge, not that limited acquaintance with the external forms of 
 things which is bestowed upon the animals by instinct but a knowledge 
 vastly more minute and exclusive, which embraces within its scope, all the 
 properties and laws, both of mind >md matter. The earth itself with all 
 its appendages, is much too small a theatre, to satiate the inquisitiveness, 
 even of children ; and if human power were commensurate with human 
 aspirations, the daring ken of man would be thrown through the abyss of 
 Heaven, to the ultima thule of the works of God to the farthest verge in 
 fathomless space, in which the energies of creative power have yet been 
 consummated to regions where the embryon nebulae of unformed worlds 
 are in the transition or the quiescent state, obedient to the primeval fiat of 
 the Almighty." 
 
 The introduction of Teachers Institutes as an elementary portion of 
 the system of Public Instruction, which was effected at about this period, 
 constitutes an important feature in the progress of improvement, with refer 
 ence to the practical qualification of teachers of common schools. The sub 
 ject was first brought to the attention of the friends of education, by a series 
 of resolutions submitted to the Tompkins County Teachers Association, in 
 October 1842, by J. S. DENMAN, the County Superintendent of Tompkins, 
 setting forth the necessity of united and efficient action on the part of teach 
 ers to elevate their profession and the standard of common school education 
 generally, and recommending the establishment, in that County of a 
 Teachers Institute, where all the teachers might meet semi-annually in the 
 spring and fall, preparatory to the commencement of the respective summer 
 and winter terms : and spend from two to four weeks, in receiving instruction 
 from efficient instructors, in listening to lectures from scientific men, and in 
 the discussion of plans for the improvement of schools. The first Teachers 
 Institute was opened at Ithaca, on the 4th day of April 1843, under the 
 management and direction of Mr. Denman, who had engaged the services of 
 Salem Town Esq., the Rev. David Powell and Prof. James Thompson, of 
 Auburn, as instructors and lecturers. Twenty eight teachers were in 
 attendance, and instruction was given daily for a term of two weeks in the 
 best mode of Governing and teaching common schools, including a critical 
 analysis and review of the various elementary branches ; and sundry 
 advanced branches not heretofore in use in the Schools generally. During 
 the Autumn of the same year, several similar institutions were opened in 
 different sections of the State ; and in the succeeding year their operations 
 were greatly enlarged and extended. In his annual report for 1845 the 
 State Superintendent thus alludes to them : 
 
 " In no less than seventeen of the largest counties, Teachers Institutes have 
 been established during the past two years, in which upwards of one 
 thousand teachers have been instructed during periods varying from two to 
 six or eight weeks, immediately preceding the commencement of their re 
 spective terms of instruction, by the most competent and experienced educa 
 tors whose services could be procured, in conjunction with the county 
 Superintendent. These associations are wholly voluntary, and the expenses, 
 including board, tuition, and the use of convenient rooms, apparatus, <fec., 
 have hitherto been defrayed exclusively by the teachers. The course of 
 instruction consists generally of a critical and thorough review of all the 
 elementary branches required to be taught in the common schools, full 
 expositions and illustrations of the most approved methods of communicating 
 knowledge to the young, and of the proper government and discipline of 
 schools, and a mutual interchange of views and opinions among the teachers, 
 instructors and Superintendent. Among the numerous improvements which 
 the experience of past imperfections has introduced into the practical opera 
 tion of our common schools, there is none which combines so much utility 
 
60 
 
 and value as these local and temporary institutions ; and in the judgment 
 of the Superintendent they are highly deserving of legislative aid. A 
 concise exposition of their general features, the mode of instruction adopted, 
 and its effects not only upon the teachers, but upon the whole character of 
 the schools under their charge, and upon the public sentiment generally, 
 has, it is understood, been prepared by Mr. SALEM TOWN, of Cayuga, a 
 veteran teacher, who has himself most ably and efficiently contributed to 
 the establishment and success of this species of instruction." 
 
 In reviewing the administration of the common school system, by Col. 
 YOUNG, it is impossible not to perceive the vast impulse which was given 
 to all its varied operations by the efficiency, energy and public spirit of that 
 distinguished statesman. Bringing to the discharge of the peculiar duties 
 of the office of Superintendent no previous experience, and strong prejudices 
 against some of the most cherished features of the system of public instruc 
 tion, he not only speedily rendered himself familiar with all its details, but 
 divesting himself of all these unfavorable pre-conceptions which had ob 
 tained possession of his mind, dispassionately surveyed the entire bearings 
 of the whole system, and having convinced himself of its value and utility, 
 devoted his best energies and all his powerful influence to its advancement 
 and improvement. The plan of county and town supervision, the Normal 
 school and Teachers Institutes, and District Libraries, were cherished and 
 strengthened by his exertions ; and the impress of his vigorous mind and 
 strong understanding will long remain upon the common school system of 
 our Slate. 
 
 Upon his retirement from the office of Secretary of state, Col. YOUNG 
 received from the Regents of the University, the appointment of member 
 of the Executive Committee of the Normal School, in the place of Dr. 
 POTTER, who had been elected Bishop of the diocese of Pennsylvania and 
 had removed to that State. HARMANUS BLEEKER, Esq., of the city of Albany 
 was also appointed a member of the Executive Committee to fill the vacancy 
 occasioned by the death of FRANCIS DWIGHT, Esq., which took place on the 
 18th of December, 1845. 
 
 The removal from the State of Dr. POTTER, and the death of Mr. DWIGHT 
 in the fulness of his faculties and the apparent meridian of his usefulness, 
 were deeply and extensively felt by the friends of common school educa 
 tion. In all the measures which had been canvassed and adopted for the 
 improvement and elevation of our systems of pxiblic instruction, both these 
 gentlemen had borne a conspicious and an efficient part ; and to their con 
 stant and uniform co-operation with the legislature and the executive 
 authorities of the state charged with the general supervision of these great 
 interests, the success of those measures is to a very considerable extent due. 
 As the conductor of the District School Journal, as County Superintendent 
 and member of the Board of Education of the city of Albany, and as a 
 member of the Executive Committee of the State Normal School, Mr. DWIGHT 
 essentially contributed to the advancement of popular education, and to the 
 general diffusion of sound principles of elementary instruction throughout 
 the state. 
 
 Administration of NATHANIEL S. BENTON Failure of the effort to ingraft the 
 
 Free School System on the Constitution Abolition of the office of County 
 
 Superintendent. -*, 
 
 On the 3d day of February, 1845, the Hon. NATHANIEL S. BENTON, of Her" 
 kimer, was appointed by joint ballot of both Houses of the Legislature, Sec" 
 retary of State and Superintendent of Common Schools : and entered upon 
 the discharge of his duties on the 6th of the same month. 
 
 From his first annual report, bearing date on the 15th of January, 1846, 
 it appeared that the whole number of school districts in the state, on the 
 first day of July preceding, was 11,018 ; the number of children between 
 the ages of five and sixteen, residing in the state, on the first day of Janu 
 ary, 1845, 690,914 ; the whole number of children of all ages, taught in the 
 
61 
 
 common schools during the year 1844, 736,045 ; the amount of public money 
 applied to the payment of teachers wages, $629,856.94 ; the amount raised 
 on rate-bills, $458,127.78, making an aggregate of $1,088,084.72, and the 
 amount of public money applied to library purposes and school apparatus, 
 $95,159.25. The number of volumes in the several district libraries was 
 1,145,250, being an increase, during the year reported, of 106,854 volumes. 
 
 In reference to the fund applicable to the support of district libraries, the 
 Superintendent observes : 
 
 " It is not proposed to take from the inhabitants of the school districts 
 the power of controlling the direction that shall be given to that part of the 
 fund denominated library money ; but leave them to make such application 
 thereof, either to the purchase of books, or the apparatus before named, or 
 apply the whole or a part of it to the payment of teachers ; subject, 
 however, to the approval of the department. After the districts have been 
 supplied with a given number of books, in proportion to the children in them, 
 and after the appropriate school apparatus and maps shall have been ob 
 tained, it is believed that in many instances, it would prove highly salutary, 
 to authorize the inhabitants of such districts to apply this money to the 
 payment of teachers wages generally, or of the rate-bills of exempted schol 
 ars. To ensure a faithful compliance with the conditions required, it may 
 be necessary in all cases, to vest in the department a supervision over this 
 expenditure. This will incite an interest in the district and its officers, 
 where it is desired to make this application to preserve their libraries, maps, 
 globes, black-boards and other apparatus, with the best possible care." 
 
 On the subject of teachers institutes, the Superintendent says : 
 
 " Teachers Institutes " and " teachers drills," have been held during the 
 the last year, in nearly thirty counties in the state, and were attended by 
 more than three thousand school teachers, for periods varying from two to 
 to four and eight weeks of continued session. These voluntary associations 
 are rapidly spreading over our entire state, and are destined soon, to occu 
 py much of the public attention. An ardent desire for improvement is 
 seated in the minds of professional teachers ; " the school-master is abroad," 
 in search of that educational knowledge which will qualify him to discharge 
 the important duties of his profession, and elevate him and his vocation in 
 public esteem. The Principal of the State Normal School, and the Profes 
 sor of Mathematics, attended a number of these county " Institutes " during 
 the last autumn, and several of its graduates were called upon to preside 
 over their proceedings and conduct the courses of instruction pursued in 
 them. The pertinent and instructive lectures of the former, and the emi 
 nently successful efforts of the latter, have been duly appreciated by the 
 members of the institutes where these services were performed, and that 
 appreciation has been manifested in the most decided terms of approval. 
 It may not be out of place to remark here, that the expense of the " asso 
 ciations " are paid by the teachers themselves, which is somewhat burthen- 
 some to those who are females, and to others possessing limited means of 
 support. In answer to a suggestion that some pecuniary aid and encour 
 agement should be granted to the members attending these " institutes " by 
 the legislature, it has been remarked that these teachers are only fitting 
 themselves to pursue a profession for mere private gain or personal advan 
 tage, and why should this particular class more than any other, be selected 
 as the recipients of legislative bounty and favor ? But does this objection 
 present a full and fair statement of all the facts bearing upon this subject { 
 Our laws require that a school shall be taught in a district, at least four 
 
 cognizing no act 01 tnis iuna as legal, wnere tne instructor does not possess 
 in form, the evidence of full qualification ; and hence it becomes a matter 
 of the highest import to the state, and every member of the community, 
 that these qualifications should, " in respect to moral character, learning and 
 ability " and aptness to teach, be possessed by every instructor of youth. 
 
62 
 
 The general enquiry is more as to the amount of the teacher s wages than in 
 regard to fitness; and competition serves rather to cheapen the rewards of 
 this employment, than to encourage an emulation to excel among the teaoH- 
 rs. Whether these considerations should justify any pecuniary relief, and 
 to what extent, must depend upon the view taken of the magnitude of the 
 inconveniences to be overcome or removed, and the extent to which the wel 
 fare of the state may be involved by permitting their continuance." 
 
 The progress of the Normal School, during the preceding year was emin 
 ently gratifying and satisfactory. At the close of the second term thirty four 
 of the pupils received their diplomas as teachers. During its third term, 
 commencing on the 15th of October 1845, the number of its pupils had 
 increased to nearly two hundred, embracing a representation from fifty eight 
 of the fifty-nine Counties The board of instruction was increased and 
 strengthened by the appointment of DARWIN G. EATON, as teacher of Mathe 
 matics, in conjunction with Prof. PERKINS, SUMNER C. WEBB, as Teacher of 
 Arithmetic and Geography, SILAS T. BOWEN, of Grammar, WILLIAM W. 
 CLARK, of Natural Philosophy and Chemistry, WILLIAM F. PHELPS, as Perma 
 nent Teacher of the Model or Experimental School, and Miss ELIZABETH 0. 
 HANCE, as Teacher of Reading and History. 
 
 " The end proposed in the establishment of the Normal School " observe 
 the Executive Committee in the Annual report for the present year " was 
 to educate teachers for our common schools ; to send forth those to take 
 charge of the susceptible minds of the children of this commonwealth, who, 
 together with high moral principles, should possess the requisite knowledge 
 of -the branches to be taught, and withal be " apt to teach." The school 
 was designed to educate the mora^ qualities of the instructor to impress him. 
 with the solemn responsibilities of his work so that he might feel the bless 
 edness of being patient, longsuffering and unwearied in his efforts for the 
 good of his pupils. It was intended to teach its students, and by their pre 
 cept and example to impress all who aspired to the honor of instructing, that 
 the work of teaching was so important that no labor of preparation could be 
 too great, since the good that could be accomplished was vast, beyond the 
 powers of human conception Hence a stimulus was to be imparted to the 
 teacher, which should never be spent, but be continually operative, urging him 
 to the acquisition of higher attainments in virtue, knowledge and aptness to 
 teach. This, it is conceived, was the philanthropic end which the legislature 
 of 1844 had in view, when they established the Normal School." 
 
 On the first day of June of this year, a Convention of Delegates from the 
 several Counties of the State met at Albany for the revision of the Constitu 
 tion. On the 5th Mr. BOWIHSH, of Montgomery, moved for the appointment 
 of a committee to inquire into the expediency of the establishment of a sys 
 tem of FREE SCHOOLS for the State. On the 12th, a standing committee, 
 consisting of Ma. NICOLL of New- York, as chairman, Messrs. Munro, of 
 Onondaga ; Bowdish, of Montgomery; A. W. Young, of Wyoming ; Tuthill, 
 oi Orange ; Willard, of Albany ; and Hunt of New- York, was appointed by 
 the President, (the Hon JOHV TUA.CY, of Chenango,) on the subject of educa 
 tion, common schools and their appropriate funds. On the 15th Mr. R. CAMP 
 BELL, of Obsego offered a resolution of inquiry as to the propriety of a " con 
 stitutional provision for the security of the common school, literature deposit 
 and other trust funds, from conversion or destruction by the legislature, and 
 the establishment of such a system of common schools as will, by taxation, 
 bestow the facility of acquiring a good education on every child in the State,* 
 which was adopted by the Convention, and referred to the Committee. On 
 the 18th, the President presented to the Convention a communication from S. 
 S. Randall, President of the State Convention of County Superintendents of 
 common schools, held at Albany, in April preceding, transmitting a preamble 
 and resolutions in favor of the PYee School System. 
 
 On the 22d of July, Mr. NICOLL, from the committee, reported for the con 
 sideration of the Convention, a series of propositions designed to be incor 
 porated as a part of the new constitution, declaring the proceeds of all lands 
 
63 
 
 belonging to the state, except such parts thereof as might be reserved, or ap 
 propriated to public use, or ceded to the United States, which shall hereafter 
 be sold or disposed of, together with the fund denominated the Common 
 School fund, and all moneys heretofore appropriated by law for the use and 
 benefit of said fund, should be and remain a perpetual fund, the interest to 
 be inviolably appropriated and applied to the support of common schools 
 throughout the state ; that the net revenues of the IT. S. Deposit Fund, 
 should likewise be inviolably applied to the same purpose, after meeting all ex 
 isting appropriation ; and that the legislature should, at its first session after 
 the adoption of the proposed constitution, and from time to time thereafter as 
 should be necessary, provide by law for the free education and instruction of 
 every child between the ages of four and sixteen years, whose parents, guardians 
 or employers, shall be resident in the state, in the Common Schools now establish 
 ed, or which should thereafter be established therein the expense of such edu 
 cation and instruction after applying the public funds as abcfve provided,to be 
 defrayed by taxation, at the same time and in the same manner as provided 
 by law for the liquidation of town and county charges. This latter provis 
 ion, relating to the establishment of free schools, the committee proposed to 
 submit separately to the people of the state, for their sanction. 
 
 On the 1st day of October, Mr. BOWDISH, of Montgomery, made a power 
 ful and eloquent appeal to the Convention in behalf of this great measure 
 of Free Schools, in which he was sustained by Mr. NICOLL, of New York, 
 Mr. WORDEN, of Ontario, Mr. PATTERSON, of Chautauque, Mr. RUSSELL, of St. 
 Lawrence, and others ; and on the 8th of October, the day preceding the 
 adjournment of the Convention, the first section reported by the committee 
 permanently appropriating the proceeds of State lands and the Common 
 School fund, to the support of common schools, was after some discussion 
 adopted by a vote of 104 to 3. Mr. NICOLL then moved the adoption of the 
 following section, to be separately submitted to the people, viz : 
 
 " 6. The Legislature shall provide for the free education and instruc 
 tion of every child of the State in the common schools, now established, or 
 which shall hereafter be established therein." 
 
 This section was adopted by a vote of 57 to 53, on a call for the ayes and 
 noes ; and a provision added on motion of Mr. RUGGLES, of Dutchess, by a 
 vote of 82 to 26, directing the legislature to provide for raising the neces 
 sary taxes in the several school districts, to carry out the intention of the 
 section. As thus modified, the entire ninth .article of the proposed con 
 stitution, as reported by the committee, was agreed to by the convention 
 and ordered to be engrossed. The convention then took a recess for dinner. 
 
 On the assembling of the Convention in the afternoon, Mr. ARPHAXED 
 LOOMIS, of Herkimer, offered a resolutin to refer the article to a committe of 
 ONE with instructions to strike out the two last sections, relating to the establish 
 ment of Free Schools, and report the same as amended to the Convention 
 INSTANTER. Mr. TAGGART; of Gcnesec. sustained, and Mr. TOWNSEND, of 
 New York, opposed this motion ; but under the operation of the previous 
 question, it prevailed by a vote of 61 to 27 ; and Mr. LOOMIS being appoint 
 ed the committee, immediately reported as instructed, and his report being 
 agreed to by the Convention, the provision for the establishment of Free 
 Schools, as a portion of the Constitution was finally defeated. 
 
 The ninth article as adopted is as follows : 
 
 " The Capital of the Common School Fund ; the capital of the Literature 
 Fund, and the capital of the United States Deposit Fund, shall be respec 
 tively preserved inviolate. The revenue of the said common school fund 
 shall be applied to the support of common schools ; the revenue of the said 
 literature fund shall be applied to the support of academics ; and the sum 
 of $25,000 of the revenues of the United States Deposit fund shall each 
 year be appropriated to and made a part of the capital of the said common 
 school fund " 
 
 On the 1st of October, of this year, SAMUEL L. HOLMES, Esq., of the 
 County of Westchester, received the appointment of State Deputy Superm- 
 
64 
 
 tendent of common schools, to supply the vacancy occasioned by the resig 
 nation and retirement on account of ill health of the then incumbent S. S. 
 Randall, who had held the office during the two preceding administrations, 
 and up to the present period. 
 
 From the annual report of the Superintendent for 1847, it appeared that 
 the number of organized school districts in the state, on the first of July 
 preceding, was 11.008 ; the number of children between the ages of 5 and 
 16, 704,000; the number of children of all ages under instruction in the 
 common school during the year 1845, 742,433 ; the amount of public money 
 applied during the same year to the payment of teachers wages, $635,051.15; 
 the amount contributed on rate bills for the same purpose $460,764.78 
 making an aggregate of $1,095,815.93 ; the amount of public money expend 
 ed in the purchase of libraries and school apparatus in the several districts, 
 $95,881.86, an^l the number of volumes in the several District Libraries, 
 1,203,139, being an increase during the year reported of 57,889 volumes. 
 
 " A successful administration of the school laws of the State," observes 
 the superintendent " requires an intelligent and active local, as well as 
 general supervision ; and without the former it is believed the present or 
 ganization must eventually be abandoned, and one less complex in its details 
 and arrangements and less stringent in its requirements, adopted in the 
 place of it. Numerous plans, no doubt, might be suggested on paper, giving 
 promise of great excellence if adopted ; but when brought to the test of 
 actual experiment they will entirely fail to accomplish the object designed. 
 Radical changes in any system of public instruction, perfected by years of 
 trial, and accommodated to the habits and inclination of the community, 
 will be found a hazardous expedient. After struggling through a long 
 series of years to elevate our schools, to infuse a greater zeal and excite a 
 higher interest in regard to them, without advancing one step in attaining 
 these objects, actual visitation and inspection were provided as a substitute 
 for an inefficient local supervision ; and this duty was enjoined upon 
 officers designated by law. The results of this change have been and now 
 are seen and deeply felt in our own state and by our people, and have 
 justly excited commendation and approval wherever they are known in 
 other states of the Union. 
 
 "The actual external and internal condition of our common schools, 
 always a subject intensely interesting to the philanthropist, and the patri 
 otic statesman, is such in the judgment of the Superintendent as will afford 
 much satisfaction in regard to the present, and allow high hopes for the 
 future. That more might have been accomplished since the establishment 
 of our system, and under other and more favorable circumstances, is quite 
 probable ; but that we now see upwards of seven hundred and forty thousand 
 of the youth of our state resorting to the common schools in pursuit of 
 knowledge, should excite in us profound gratitude to the All-wise disposer 
 of national events, and the highest respect for the founders of the system." 
 The Superintendent also renewed his recommendation of the preceding 
 year in relation to the appropriation of the whole or a portion of the 
 Library money of the several districts, to the payment of teachers wages, 
 under a vote of the district subject to the approbation of the department. 
 
 Under the provisions of an act passed in 1846, schools for the instruction 
 of Indian children were organized on the Onondaga, Cattaraugus, Allegany 
 and St. Regis reservations, under circumstances eminently favorable to the 
 intellectual and moral improvement of this class of the population. 
 
 Gov. YOUNG, in his annual message to the legislature, for the present year, 
 thus alluded to the Normal School : 
 
 " The State Normal School continues to advance in public estimation and 
 public usefulness. Its only object is to improve the teachers of common 
 schools, and any progress in the advancement of that object, it quite appa 
 rent, must exert a salutary influence on the cause of education throughout 
 the state." 
 
65 
 
 The Executive Committee, in their annual report, stated that the number of 
 pupils in attendance during the fourth term of the school, commencing in 
 May, and closing in September, 1846, was 205, and that every county, with 
 a single exception, was represented. The number of graduates, at the close 
 of the third term, was 47, and of the fourth, 63. " It is found," observe th 
 committee, " upon examination of the school register, that since Dec. 18, 
 1844, 508 students have attended the school for a longer or a shorter period. 
 Of this number 178 are now in the school ; 6 have died ; 14 were found to 
 be incompetent for teaching, and were at an early day advised to engage in 
 other pursuits ; 11 left on account of ill health, unfitting them alike for study 
 or teaching ; and 29 left at an early period of their connection with the 
 school, relinquishing for various reasons the purpose of teaching. If these 
 numbers be added, their sum will be found to be 238 ; and if this last num 
 ber be subtracted from the whole number on the register, the remainder to 
 be accounted for is 270. Of these 270, 144 are graduates of the school, and 
 the committee knotvthai 129 of them have been engaged in teaching since 
 their graduation ; and of the remaining 15 graduates one has died, and the 
 rest, with the exception of four, are believed to be teaching, though no defin- 
 ate knowledge of their pursuits has been obtained. It may also be proper 
 to state, that those persons who have not been heard from, were graduates of 
 last term, and sufficient time has hardly elapsed to afford an opportunity of 
 learning their pursuits. Of the remainder of the 270, numbering 126, who 
 left the school prior to graduation, nearly all, on leaving, declared that it 
 was their intention to teach. 84 are known to have taught since they left, 
 and but few of the others have been heard from. Thus, it appears that th 
 school has sent out 213 persons, who, Avhen heard from, were actually engag 
 ed in teaching. In many instances, also, accounts have been received of the 
 manner in which these students were acquitting themselves as teachers, and 
 the committee are happy to say, that as far as heard from, they are giving 
 great satisfaction." 
 
 On the 13th of November, 1847, the legislature passed an act abolishing 
 the office of County Superintendent of Common Schools, and directing that 
 all appeals authorized by law, to be brought to them, should be made direct 
 ly to the State Superintendent, and that the annual reports heretofore made 
 to them by the Town Superintendents, should be made to the County Clerks, 
 respectively, and condensed statements thereof by them, be transmitted to 
 the department. 
 
 For this measuse the friends of the system, although they had, with great 
 unanimity, resisted it for a series of years, were prepared, from the great un 
 popularity of the office, growing out of the mode of appointment and of the 
 compensation of this class of officers. Their selection had been, very inju 
 diciously, confided to the Boards of Supervisors of the respective counties, 
 whose functions, however useful and important in other respects, had no 
 particular reference to the educational wants and interests of the community ; 
 and who were, besides, to a great extent, divided into political parties, upon 
 the varying supremacy of which, the choice of County Superintendents was, 
 too generally made to depend, without especial regard to the intellectual and 
 moral qualifications of the candidate for the important and responsible sta 
 tion he was destined to fill. While, therefore, far the greater number of of 
 ficers appointed by them, were men eminently qualified for the discharge of 
 their duties, there were some who were justly obnoxious to the charge, 
 not only of incapacity, but of a perversion of the high functions devolved 
 upon them to sinister personal and political ends ; and the indignation excited 
 by these instances of disregard of duty and moral obliquity, gradually ex 
 tended itself to other localities where no reasonable grounds for suspicion ex 
 isted. The pecuniary burden likewise, of defraying one-half the salary of 
 these officers from the county treasuries, was magnified and dwelt upon by 
 the interested and designing ; and the legislature was annually flooded with 
 petitions for the abolition of the office, as unnecessary, oppressive and im 
 properly administered. Committee after committee, to whom these peti- 
 5 
 
tiotui were referred, reported against the adoption of the measure desired ; 
 aad the ablest and soundest arguments were brought to bear upon the great 
 and manifest utility of the office. It was clearly and repeatedly shown that 
 the abuses complained of were such as admitted of an easy and practical 
 remedy, while the advantage secured by the retention of this class of offi 
 cers could be obtained through no other agency. Public clamor, however, per 
 sisted in demanding the repeal of the obnoxious act ; and notwithstanding the 
 avowed and strong opposition of the successive heads of the department, of the 
 seyeral committees of both houses of the legislature, charged with the super 
 vision of the interests of public instruction, and of the great body of the most 
 enlightened friends of education throughout the state, the measure was finally 
 carried through at the extra session, convoked for the purpose of enacting the 
 several new laws rendered necessary by the adoption of the amended constitu 
 tion. 
 
 The effect of this measure upon the prosperity of the common school system 
 was, in many essential respects, most disastrous. During a period of nearly 
 forty years its progress had been uninterruptedly onward ; and a succession of 
 wise enactments had strengthened and matured its foundations and expanded 
 its usefulness in every direction. The abolition of that feature, which, more, 
 perhaps, than any other, constituted its distinguishing characteristic, and gave 
 to it its peculiar symmetry and power, was the first retrograde step in its his 
 tory. Its immediate consequences were felt in the comparative inefficiency 
 and inutility of the local and general supervision of the schools in the absence 
 of any connecting link between the department and the several town and dis 
 trict officers, and the inhabitants of the districts in the discontinuance of a local 
 appellate tribunal, "where the numerous controversies constantly springing up, 
 relative to the external arragements of tlie various districts, might be equitably 
 adjusted by an officer on the spot and in the utter impossibility of obtaining 
 with any accuracy, those statistical details in reference to the practical opera- 
 tion of the system, of so great value to the department, the legislature, and 
 the public. Town Superintendents, however well qualified for the specific dis 
 charge of the duties devolved upon them, were, for obvious reasons, wholly 
 incapable of supplying the place in the system, which had been aligned to this 
 higher class of officers. Their jurisdiction was strictly local their peculiar du 
 ties circumscribed their influence necessarily confined to their respective 
 towns and their powers limi ed ; while the county Superintendents were in 
 constant and regular communication, not only with the head of the department, 
 but with their colleagues throughout the state their influence extensive and 
 their means of usefulness unrestricted. 
 
 At the same time, the legislature passed the " Act for the establishment of 
 Teachers Institutes," by which the sum of sixty dollars was appropriated an 
 nually from the income of the United States Deposit Fund, payable on the 
 order of the several county treasurers, to be expended for the use and benefit of 
 teachers institute?, in each of the counties of tlie state where a majority ot the 
 town superintendents shall unite in desiring its expenditure for this purpose, 
 and file a certificate thereof with the county clerk. An advisory committee! 
 consisting of throe of such town Superintendents, is required to be nmnqjntod 
 by the counly clerk, to make the necessary arrangements for organizing and 
 managing such institute, ind public notice is to be given by him to teachers and 
 others who may desire to become euoh, specifying the time and place of meet 
 ing of such institute. The advisory committee are also authorized to procure 
 the services of suitable lecturers and teachers for such institute. Whenever 
 the county treasurer shall receive r-at is factory evidence, that not less than f fty, 
 or in counties whose population is under thirty thousand, not less lhau thirty 
 teachers, or individuals intending to become such within one year shall have 
 been in regular attendance on .*;uh iiiRtitilte for ten dpys he is authorized 
 and required to audit and allow the accounts of eucn auvisory committee, not 
 exceeding the sum of sixty dollars, for the expenses of such institute. 
 
 On the 16th of December, the various statutes relating to common school* 
 were combined aud consolidated into one act, with such alterations aad 
 
6? 
 
 amendments aa were deemed expedient. Town Superintendents were 
 authorized to hold their offices for two years ; and to enter upon the discharge 
 of their duties respectively on the first Monday of November, subsequent to 
 their election or appointment : and the library law was so modified as to 
 authorize the expenditure of the whole or any portion of the public money 
 received by the respective districts for that purpose, with the approbation 
 of the state Superintendent, in the payment of teachers wages wherever 
 the number of volumes in districts numbering over fifty children between 
 the age of 5 and 16 exceeded one hundred and twenty -five, or one hundred 
 in districts with a less number of children than fifty and where the district 
 was supplied with maps, globes, black boards and the requisite scientific 
 apparatus for the use of the school. Several other alterations of minor 
 importance were made in the details of the system ; and the Superinten 
 dent of common schools was authorized to cause the amended act to be 
 published and generally distributed throughout the state. 
 
 In his annual Message to the Legislature at the opening of the Session of 
 1848, Gov. YOUNG, thus adverted to the subject of education : 
 
 " In our country, for reasons that have been so often and so well stated, that 
 I need not repeat them, the education of its children has been, and I trust 
 will continue to be, matter of the deepest solicitude. Common schools, from 
 their universality, reaching every neighborhood, and shedding their influ 
 ence upon every family and into every mind, expelling the primary causes 
 of vice and crime, and erecting altars to patriotism and virtue, have justly 
 been considered the peculiar objects of legislative care. 
 
 " The practical importance of the State Normal School for the education 
 of teachers is begining to be folt, ; and in the tone, strength and vigor givca 
 to common schools by distributing through the State, teachers who shall 
 have been thoroughly instructed, it is believed will be found most convin 
 cing arguments in defence of reasonable, but liberal appropriations by the 
 State to this object." 
 
 From the annual report of the Superintendent, it appeared thai; the num 
 ber of school districts in the state, on the first of July 1847, was 11,062; 
 -number of children between the agea of five and sixteen, 700,443 ; whole 
 number, of all ages instructed in the common schools of the state during the 
 year 1846. 748, 387 ; amount of public money expended iu the payment of 
 teachers wage? , $595,974,20 ; amount raised on rate bill for the same 
 purpose $462,840,44 making an aggregate of $1,058,814,64 ; amount of public/ 
 money expended in the purchase of libraries and school apaxatus $93,7 9 1,4 
 29 ; and the number of volumes in the several district libraries 1,310,986. 
 being an increase of 107,8 47, during the year reported. 
 
 In reference to the establishment of free schools, the Superintendent 
 holds the fallowing language : 
 
 "The extension of free schrvols in the state ia progressing moderately; 
 and laws are passed nearly every session of the Legi.ilature, providing for 
 their establishment in populous and wealthy villages; while the poorer and 
 less populous district*, in the same towns, are left to struggle on, from year to 
 year, in the best way they can sustaining a school perhaps only four months in 
 the yenr, to secure the next apportionment of the public moneys. Is this policy 
 juat 5s it rirbt to discriminate in this manner, between the school children of 
 tin; state? Why should ample provision be made for tiie children residing iu 
 particular localities, and others turned over to the naked bounties of the 
 state ; which, although munificent in the aggregate, are only sufficient to pay 
 IX few weeks tuition for each child ? This great and essential question turns 
 simply on the mode of taxation ; by changing this and requiring the boards 
 of supervisors, to raise upon the counties respectively, a sum equal to the 
 amount apportioned from the treasury to each county for the support of 
 schools, and upon the towns another sum equal to the apportionment of such 
 town from the school fund, whicli would increase the local taxation upon 
 the counties, not to exceed five-tenths of a mill on the valuation in anj- 
 ooumy, and our schools might be rendered nearly free to every child in the state. 
 
" Our fellow citizens have heretofore cheerfully acquiesced in the imposition 
 of a tax to support the government and sustain the credit of the state, of 
 more than twice the amount proposed to be raised in the plan suggested. 
 What improvement, internal or external, is more worthy of the fostering care 
 of the legislature or of greater importance to the community, than the mental 
 improvement of those who are soon to exercise all the privileges of citizens, 
 and wield the destinies of the state. It would be an unjust impeachment of 
 the patriotism and good sense of the people, to suppose they would not 
 cheerfully embrace and cordially approve any reasonable measures which 
 ^will reflect so much honor on the present, and confer such enduring benefits 
 on the future." 
 
 In reference to the abolition of the office of county Superintendent, he 
 observes : 
 
 " The act abolishing the office seemed to be in accordance with the public 
 will, and should be cheerfully obeyed ; but the wisdom and expediency of 
 the measure must be tested by the experience of the future. The labor and 
 expense thrown upon this office, in consequence of this legislative act, cannot 
 justly and therefore does not form any ground of complaint with the 
 undersigned. With the other official duties devolved upon the incumbent of 
 this office, a personal supervision and inspection of the schools, if in any way 
 desirable, is wholly impracticable. This question is then presented to the 
 grave consideration of the legislature and the people of the state are we to 
 dispense entirely with all personal visitation, inspection and supervision, 
 except what may be performed by the local town officers ? and are we not 
 hereafter to have any statistical information of the relative condition of our 
 school houses ? and of the condition of the winter and summer schools from 
 year to year, showing the number of schools visited and pupils in attendance 
 at the time ? the course and extent of the studies pursued,. with the ages, 
 sex and time of the employment of the teachers, and the compensation 
 paid ? To repeat the just encomiums bestowed upon our system in all its 
 parts, as it recently existed, and which distinguished educators and philan 
 thropists in other states have urged upon the consideration of their legisla 
 tures, as worthy of being incorporated into their own systems, might seem 
 disrespectful." * * * * * 
 
 " Other plans might be suggested that would, no doubt, if adopted, greatly 
 add to the efficiency of our local supervision and inspection, and take the 
 place of that which has recently been abolished ; but whether, at this time, 
 any suggestions of this sort would be likely to meet with public favor, may 
 well be questioned. From actual official information, obtained during the 
 year 1846, the undersigned believed that the amount of compensation paid 
 to town Superintendents and town officers for services connected with the 
 schools, amounted to about $35,000 annually. It is not supposed that this 
 amount exceeds the sums actually paid by the towns that year ; nor will it 
 cover the expenses of 1848, by $10,000. The duties of the town Superinten 
 dents must now necessarily be extended, and their services increased ; and 
 the aggregate annual compensation paid to these officers will, it is believed, 
 on a careful examination, exceed $45,000. Without any material increase 
 of expense, provision might be made by law for the election by the people 
 of inspectors of schools, in each Assembly district, whose compensation should 
 be limited, and who could conveniently perform many of the duties of town 
 Superintendents ; and thus, by dividing the labor and compensation between 
 these officers, the aggregate expenses of both would not exceed the compen 
 sation of the latter officers." 
 
 It is due to Mr. BENTON, to say that in his official capacity as Superintendent 
 he resisted to the utmost extent of hie power and influence, the retrograde 
 movements of the legislature in reference to the supervision of the schools : 
 that he was a firm and devoted advocate of the introduction of the free 
 school principle as a part of our system of public instruction ; and that his 
 administration of that system was characterised by an enlightened and discrim 
 inating regard to the public interests and welfare. 
 
69 
 
 The operations of the Normal School during the year 1847, tended to strength 
 en the confidence of the people in this Institution and to realize the expectations 
 of the friends of education generally throughout the state. The number of pu 
 pils varied from 200 to 220 ; and the semi-annual graduating classes from 45 to 
 65. The whole number of graduates up to the 1st of January 1848, was 234 ; of 
 whom 222were actually engaged in teaching the common schools of the state, 
 and the whole number of pupils entered upon the register of the Institution was 
 537, of whom 421 were then employed in the district schools. TRUMAN H. 
 BOWEN had been appointed Teacher of Vocal Music, in place of Prof. ILSLET, 
 and Miss ANN MAIUA OSTROM, Teacher of Drawing, in place of Prof Howard. 
 
 The institution at this period however, received a severe blow, and the 
 friends of education sustained an irreparable loss, by the death of Mr. PAGE 
 the Principal of the school, which took place on the 1st day of January 1848. 
 Although still in the prime of life, Mr. PAGE had attained a reputation and 
 standing as a teacher, not surpassed in the Union. To intellectual qualifica 
 tions of the highest order, he added all those moral virtues and Christian 
 graces which are so indispensably requisite to the instructor of youth. He was 
 in all respects admirably adapted to the performance of the high functions 
 which had been devolved upon him : and to the perfect order, system and 
 harmony which he infused into all its departments, and his luminous exposition 
 of the duties, obligations and responsibilities of the pupils under his charge, 
 a large share of the prosperity, and success of the Normal School was pre 
 eminently due. Fortunately for the interests and advantage of his numerous 
 pupils and admirers, and the profession of teachers generally throughout the 
 State and Union, he had completed the preparation and publication of his 
 admirable course of Lectures annually delivered before the school, on the 
 Theory and Practice of Teaching " a work which embraces a comprehen 
 sive view of the whole subject and is in all respects worthy of its distin 
 guished author and of the great cause to which he had, too assiduously, 
 devoted his entire energies. 
 
 The Executive Committee with great unanimity designated Prof. PERKINS to 
 supply the station rendered vacant by the death of Mr. PAGE. To an inti 
 mate acquaintance with the plans and general policy of his predecessor in the 
 conduct and discipline of the school, Prof. PERKINS added all the intellectual 
 and moral qualifications requisite to its successful administration ; and under 
 his supervision and direction the institution has continued to maintain its 
 high reputation, and to dispense its blessing over every section of the state . 
 
 Administration of CHRISTOPHER MORGAN Adoption of the Free School 
 System 1848 to 1851. 
 
 On the first day of January 1848, the Hon. CHRISTOPHER MORGAN, of 
 Cayuga entered upon the discharge of the duties of the office of Secretary 
 of State and Superintendent of common schools, to which he was elected in 
 November preceding. A. G. JOHNSON, Esq., of Rensselaer, was in March 
 thereafter appointed by him Deputy Superintendent, in place of Mr. 
 Holmes. 
 
 On the 1 2th of April, the legislature passed the " A ct for the permanent 
 establishment of the Normal School " by which the sum of fifteen thousand 
 dollars (afterwards extended to $25,000) was appropriated for the erection 
 of a suitable building for its accommodation, and the previous provision of 
 law applicable to its supervision, mangement and government, were made 
 permanent. Under this act the Executive Committee have erected a spacious 
 and convenient Hall, in a commodious location in the neighborhood of the 
 Capitol, and of the State Geological and Agricultural Rooms, in the city of 
 Albany, where the sehool is now insuccessful operation. 
 
 At the opening of the session of the legislature of 1849, Gov. FISH, in his 
 annual message expresses his belief " that the restoration of the office of 
 County Superintendent would be productive of good to the school system." 
 In reference to the Normal School he observes, " This school is doing a great 
 and good work. It has ceased to be an experiment, and tinder its present 
 
70 
 
 judicious management, it is growing in the confidence of its friends, and 
 attracting the interest of many who once doubted its practicability or its 
 usefulness." 
 
 From the annual report of the Superintendent, it appeared that the num 
 ber of school districts in the state on the first day of July preceding was 
 10,621 : the number of children between the ages of 5 and 16, 718,128 ; the 
 number, of all ages under instruction during the year 1847 in the common 
 schools of the state 775,723 ; the amount of public money expended in the 
 payment of teachers wages during the same year $639,008, and the amount 
 contributed on the rate bills for this purpose 466,674, amounting in tb* 
 aggregate to $1,105,682; the amount of public money expended in the 
 purchase of libraries and school apparatus $81,1624,00 and the number of 
 volumes in the several district libraries 1,838,848, showing an increase of 
 27,862 volumes since the preceding year. 
 
 Schools for colored children had been kept in fifteen counties of the etat*, 
 at which 4,741 children were in attendance, being an increase of 877, sin 
 1846, and of 2,185 since 1845 : and the amount of public money apportion 
 ed to such schools was $16,926.68. In a large number of the counties, how 
 ever, no effort had been made to collect accurate statistics in reference t 
 these schools ; the number of colored children between the ages of 5 and 16 
 residing in the state being estimated at not lees than 11,000. 
 
 " The colored population," observes the Superintendent, " is enumerated 
 in the census of the State, and is a part of the basis of the distribution of 
 the School Fund. Colored children are enumerated by the trustees in their 
 annual reports, they draw public money for the district in which they reside, 
 and are equally entitled with white children to the benefit of it. In tb 
 rural districts of the State, colored children are generally admitted into tb 
 Common Schools. 
 
 " If unreasonable prejudice exclude colored children from the village schools, 
 the trustees are empowered to establish separate schools for them. Th 
 children attending draw the public money to which they are entitled, and the 
 trustees can exempt those parents who are unable to pay a rate-bill, the 
 exemptions becoming a charge upon the whole district. A special appro 
 priation for incorporated villages, only excites prejudice and parsimony. 
 The trustees of the village will, generally, expend the special appropriation 
 for the colored children, and the public money drawn by them will be shared 
 among the white children of the village. 
 
 " There seems to be no satisfactory reason for this special appropriation. It 
 cannot be justly urged that negroes are an especial burden to incorporated 
 villages any more than to cities, or rural districts, and that they are, therefore, 
 entitled to an extraordinary allowance of money to educate them." 
 
 Schools for the instruction of Indian children had been established upon 
 the St. Regis, the Onondaga, the Cattaraugus and Allegany, and the Shine- 
 cock Indian Reservations. In that of the St. Regis 50 children had attended 
 school during a period of nine months, the average daily attendance being 85 ; 
 in that of the Onondaga 61 children for 11 months, in those of the Allegany 
 and Cattaraugus, 229 children ; and in that of the Shinecocks 40. 
 
 The superintendent informs the legislature that about four hundred appli 
 cations had been made to him for his official approbation to the diversion of 
 the whole or portions of the Library money to the payment of teachers wage*, 
 under the provisions of the act of 1847. "He has withheld it, in all cases, 
 believing that every volume of a well selected library is a perpetual teacher 
 to all who will go to it for instruction." He expresses his belief that the 
 district libraries cannot be too large and that the people are in no danger of 
 learning too much. 
 
 " Selections for the district libraries, are made from the whole range of 
 literature and science, with the exception of controversial books, political or 
 religious ; history, biography, poetry, philosophy, mental, moral and natural, 
 fiction ; indeed every department of human knowledge contributes its share 
 to the district school library. The object of this great charity wae not 
 
71 
 
 merely to furnish books for children, but to establish in all the school dii- 
 trieta, a miscellaneous library suited to the tastes and characters of rerj 
 age. By means of this diffusive benevolence, the light of knowledge pene 
 trates every portion of the State, and the sons of our farmers, merchant*, 
 mechanics and laborers, have daily access to many well selected books, of 
 which, but for this sagacious policy of our State, a majority of them would 
 have never heard. If knowledge is power, who can calculate the energy 
 imparted to the people of this State by the district school, and the district 
 library ? " 
 
 Teachers s Institutes had been held under the provision of the act of 1847, 
 in sixteen counties, at which 1096 teachers had been in attendance. "Hi* 
 Superintendent recommends a considerable increase in the appropriation to 
 this object. 
 
 In reference to the abolition of the office of County Superintendent , the 
 Superintendent observes : 
 
 " It is believed that the friends of the Common School system in the State, 
 rery generally desired the continuance of the office. It was,.however, abolish 
 ed, without petitions from any considerable number of citizens, and without 
 even proposing a substitute. 
 
 " There is now no immediate officer between this Department and th* 
 town officers. Such an office is needed as the medium of communication 
 between this Department and the nine hundred town superintendents, and 
 eleven thousand school districts. The territory is too large ; its subdivi 
 sions too many ; its relations too diverse ; the local officers too numerous ; 
 and the interval between the Department and them too wide, to permit that 
 actual and minute supervision which is necessary to an efficient administra 
 tion of the School laws. 
 
 " The undersigned would, therefore, recommend to the Legislature two 
 measures, either of which, in his opinion, will be approved by the friends of 
 the Common School system,and will supply a want daily felt in this Depart 
 ment. 
 
 " 1st. A repeal of chap. 358, Laws of 1847, restoring the office of County 
 Superintendent, and making it elective by the people. 
 
 " 2d. The election of a Superintendent in every Assembly district, except 
 in the city of New York, and the cities which now have,or shall hereafter have 
 a city Superintendent, or Board of Education, to manage their school affair . 
 
 " If the latter measure should be adopted, I would recommend that the 
 salary of such officer be fixed at not less than $200 per year, in each 
 Assembly district, composed of towns and that the same be a county charge ; 
 that the salary of City Superintendents be fixed by the civil authorities 
 thereof, as shall be provided in their several charters or city laws and 
 ordinances ; and that not less than $200 of such salary be a county charge. 
 Among the powers and duties of such District Superintendent should be 
 the following : To make the abstract of the reports of Town Superinten 
 dents in his district, at the same time and in the same manner row requir 
 ed of the County Clerks ; to recommend persons from his district as pupils 
 in the State Normal School ; to recommend each year two teachers in his dis 
 trict as worthy to receive a State certificate ; to visit each school in his 
 district at least twice a year, once in the summer and once in the winter, to 
 make such report of his visitation as may be required by the State Super 
 intendent ; to hear and determine all the controversies arising in his dis 
 trict under the school laws, an appeal being allowed from his decision to 
 this Department. The Superintendent makes these suggestions with diffi 
 dence, and only from a sense of their necessity; 
 
 The superintendent then proceeds to examine the present condition of 
 the school law, in reference to the provision for the support of schools, upon 
 which he bases a recommendation for the adoption of the Free School sys 
 tem : 
 
 " The mode of supporting a school under the present system," he observes, 
 " is as follows : " 
 
72 
 
 The Trustees employ a qualified teacher for stipulated wages. At the 
 close of his terra, they give him an order upon the town superintendent for 
 sueh portion of the public money, as may have been voted by the district 
 for the term, or in case no vote has been taken, for such portion as they 
 think proper. But in no case can the Trustees legally draw for more money 
 than ia due the teacher at the date of the order. If the public money is not 
 sufficient to pay the teacher s wages, the trustees proceed to make out a 
 rate-bill for the residue, charging each parent or guardian, according to the 
 number of days attendance of his children. Under the present law, the 
 trustees have power to exempt indigent persons, and the amount exempted 
 is a charge upon the district, and may be immediately collected by tax, or 
 added to any tax thereafter levied. After the rate-bill is completed, thirty 
 days notice of its completion is given by the trustees, one of whom must 
 be in attendance, on a day and place appointed in said notice, once a week 
 for two successive weeks, to receive payment ; and during the whole of the 
 said thirty days any person may pay to either of the trustees, or to the 
 teacher, the sum charged to him upon the rate-bill. At the expiration of 
 the thirty days, if all the persons named in the rate-bill, have not voluntari 
 ly paid, the trustees put it with their warrant, into the hands of the dis 
 trict collector, who has the same authority to collect it by levy and sale 
 of goods and chattels, aa a town collector. The collector is also authorized 
 to collect fees, not only upon the money paid to him, but upon that paid 
 Toluntarily to the trustees and teacher, and he is allowed thirty days to 
 make his return to the trustees. 
 
 " A more troublesome or vexatious system could not well be devised. 
 
 " A teacher having performed his contract, is yet obliged, unless the 
 trustees advance the money, to wait thirty, or sixty days for his pay. The 
 first thirty days delay under the notice is no advantage to any one. The 
 time of the trustees is spent uselessly. 
 
 " Nothing is gained by payment to the trustees. Is there any other 
 instance upon the Statute book in which legislation compels a man to 
 wait sixty days for his wages after he has completed his work ? In the 
 absence of any contract, the wages of the laborer are due and payable, when 
 his work is done. In the case of the teacher, the payment of his wages is 
 postponed for sixty days after his school is closed, for payment from trustees 
 cannot be enforced, until the time fixed by law for collection has expired. 
 
 " A slight error in the apportionment of the rates, or in the legal forms of 
 making it, subjects the trustees to a suit by any one of whom a few cents 
 may have been illegally collected ; and, unfortunately, there are not want 
 ing in every town persons ready to avail themselves of such errors. 
 
 " The trustees can, if they choose, make out a tax for the amount of ex 
 emptions, and the collector is bound to collect it for the trifling fees, upon a 
 five, or ten dollar tax-list. 
 
 " A law has been passed, authorizing courts to deny costs to a plaintiff in 
 a suit against the trustees, and also authorizing boards of supervisors to 
 order a tax to be assessed upon a district to refund costs and expenses in 
 curred in suits by, or against them, on account of the discharge of their 
 official duties. But the law allows them nothing for their responsibility and 
 labor, either in the discharge of their duties, or in the prosecution, or defence 
 of suits. 
 
 " Now, a free school system may be devised that shall relieve trustees 
 from the duty of making out rate-bills, or tax-lists, in any case and from all 
 litigation arising therefrom, and which shall secure to the teacher his pay 
 when his work is done. 
 
 " It may be made applicable only to the towns, requiring the cities, how 
 ever, to make their schools free, but leaving them to adopt such an organ 
 ization as shall be suited to their peculiar wants. 
 
 "Teachers complain of the rate-bill system, not only because it improperly 
 withholds their wages, but because the trustees find great difficulty in ex 
 ercising with fidelity, and at the same time satisfactorily the power of exemp- 
 
73 
 
 tion. While the cupidity of the tax-payer is excited, the pride of men of 
 moderate means is aroused, and their sense of independence revolts at being 
 certified and put upon the record as indigent persons. 
 
 "The rate bill system requires every person to pay in proportion to the 
 attendance of his children. How strong then is the inducement of many 
 parents, to wink at absence, and truancy, and how little are they inclined 
 to second by parental authority the efforts of the teacher to enforce punctu 
 ality and regularity of attendance. The fact that the number of children 
 attending school less than four months, uniformly exceeds the number attend 
 ing a longer time, furnishes strong evidence for believing that the rate bill 
 system is the principal cause of the irregular attendance of scholars. 
 
 " Letters have been addressed to the Superintendent from various parts 
 of the State, urging him to recommend to the Legislature the free school 
 system, and assuring him that the people are ready to sustain the Legisla 
 ture." 
 
 " It is urged by the opponents of the system that those who have property 
 are taxed to educate their owp, as well as the children of the poor ; and 
 that those who are blessed with property, but denied children, are also obliged 
 to contribute something for the education of the indigent. Those who have 
 omitted their duty, or are more fortunate than their neighbors in the pos 
 session of property have no reason to complain of the trifling burthen which 
 good fortune imposes upon them. 
 
 " Are property holders wronged or injured by this system of taxation ? 
 
 " Property is the creature of law. Its ownership is regulated by law. 
 Even the income of some kinds of property is limited by law. Human beings 
 are property in South Carolina ; and the taxes assessed upon them, and paid 
 out of the earnings of their labor, go to the support of free schools, while in 
 this state there can be no property in man. 
 
 " Land is property, and in civilized countries it constitutes the bulk of 
 all property ; yet it is not property in the absence of law. What idea 
 of property in land has a Camanche Indian, or a Calmuck Tartar \ To 
 him the land is as free for his roaming, as the air for his breathing; or the 
 water for his drink. The wild Bedouin will guard as his own, his tent, his 
 camel, his wife ; but his laws are the keenness of his scimetar, and the fleet- 
 ness of his steed. 
 
 "The security of property is one of the paramount objects of government ; 
 but how shall that security be attained ? By the stern restraints and crush 
 ing force of military power ? 
 
 " The experience of the last year, in Europe and America, has proven that 
 there is greater security for persons and property, in the general intelligence 
 and education of the people, than in an overawing soldiery. 
 
 " Europe has been convulsed cities have been the scenes of fearful and 
 mortal strife fields have been laid waste by contending armies govern 
 ments have been overthrown revolution has followed revolution uncer 
 tainty and insecurity are stamped upon all tilings political changes have 
 been effected only by civil war and commotion. 
 
 " The people of the United States have effected the choice of a Chief 
 Magistrate, involving a change in the policy of the government. It was 
 accomplished in a day, with the cheerful and peaceful acquiescence of the 
 Union. 
 
 " These are the results of the intelligence and moral elevation of the Amer 
 ican people. 
 
 " There is a moral and intellectual power in the universal education of 
 the people which furnishes more abiding security for persons and property 
 than disciplined armies. 
 
 Property must be taxed to support a soldiery. Why should it not then 
 contribute to a system of protection which may preclude the necessity of 
 armies ? 
 
 " Crime and pauperism are too often the results of ignorance. The detec 
 tion and punishment of the one and the support of the other, are mainly 
 effected by the imposition of taxes upon property. 
 
74 
 
 " Is it not wise, then, to establish a system of education, universal and 
 complete, which may in a great measure, prevent the commission of riso 
 and avoid the evils of pauperism ? " 
 
 On the 26th of March, 1849, the legislature passed the " Aft establishing 
 fbee Schools throughout the State" Its prominent provisions wer th fol 
 lowing : 
 
 Common schools in the several school districts in this state were declared 
 free to all persons residing in the district over five and under twenty -out 
 years of age. Persons not residents of a district were to be admitted ink* 
 the schools kept therein with the approbation in writing of the trustee* 
 thereof, or a majority of them. 
 
 It was made the duty of the several boards of supervisors, at their annual 
 meetings, to cause to be levied and collected from their respective countie*, 
 in the same manner as county taxes, a sum equal to the amount of state 
 school moneys apportioned to such counties and to apportion the sam 
 among the towns and cities in the same manner as the moneys received from 
 the State are apportioned. They were also to cause to be levied and collec 
 ted from each of the towns in their respective counties, in the same manner 
 as other town taxes, a sum equal to the amount of state school moneys ap 
 portioned to said towns respectively. 
 
 The trustees of each school district within thirty, and not less than 
 fifteen days preceding the time for holding the annual district meeting in 
 each year, were directed to prepare an estimate of the amount of monej 
 necessary to be raised in the district for the ensuing year, for the payment 
 of the debts and expenses to be incurred by the district for fuel, furniture, 
 school apparatus, repairs, and insurance of school house, contingent expense*, 
 and teachers wages exclusive of the public money and the money required by 
 law to be raised by the counties and towns and the income of local funds, and 
 to cause printed or written notices thereof to be posted for two weeks pre 
 vious to said meeting, upon the school house door, and in three or more of 
 the most public places in said district. The trustees were directed to present 
 such estimate to such meeting, and the voters present of full age residing 
 in such school district and entitled to hold land in the state, who own or 
 lease real property in such district, subject to taxation for school purpose*, 
 or who may have paid any district tax within two years preceding, or who 
 own any personal property liable to be taxed for school purposes in such 
 district, exceeding fifty dollars in value, exclusive of such as is exempt 
 from execution, and no others, were entitled to vote thereon for each item 
 separately, and so much of said estimate as shall be approved by a majority 
 of such voters present, was required to be levied and raised by tax on said 
 district, in the same manner as other district taxes are now by law levied 
 and collected. 
 
 Whenever the voters of any district at their annual meeting refuse or 
 neglect to raise by tax a sum of money, which added to the public money, 
 and the money raised by county and towns will support a school in said 
 district for at least four months in a year, keep the school house in proper 
 repair and furnish the necessary fuel, then it was made the duty of said 
 trustees to repair the school house, purchase the necessary fuel, and employ 
 a teacher for four months, and the expense was directed to be levied and 
 collected in the manner above provided. 
 
 Free and gratuitous education was to be given to each pupil, in each of 
 the common, public, ward and district schools in the respective cities of 
 this State, now incorporated or hereafter to be incorporated, including 
 the schools of the public school society in the city of New York, according 
 to any law now in force in said cities. And by each city, where such free 
 and gratuitous education is not already established, laws and ordinance* 
 were without delay, to be passed, providing for, and securing and sustaining 
 the system in each of their common, public, ward or district schools. 
 
 All laws and parts of laws inconsistent with the provisions of the at, 
 other than those relating to free schools in any cities in this state, were 
 repeal ed. 
 
75 
 
 The electors of the State were to determine by ballot at the annual elec 
 tion to be held in November following, whether this act should or should 
 not beoome a law. 
 
 In case a majority of the votes cast were found to be against such law, 
 the act was to be null and void ; otherwise to take effect immediately. 
 
 At the annual state election, held on the 6th of November, the whole 
 number of votes cast for the New School Law was 249,872, and the whole 
 number against it 91,961, being a majority in its favor of 157,921. Four 
 counties only, viz : Tompkins, Chenango, Cortland and Otsego, giving major 
 ities against it, amounting in the aggregate, to 1,257, while the aggregate 
 majorities in its favor, cast in the remaining fifty-four counties was 168,18 L 
 Mr. MORGAN was re-elected Secretary of state and Superintendent of Com 
 mon Schools. 
 
 The following is a statement of the votes of the several counties, showing 
 the whole number of votes given, and the majorities in each for and against 
 the act : 
 
 COUNTIES. 
 
 For the New 
 School Law. 
 
 Against the 
 New School 
 Law. 
 
 Majority 
 for. 
 
 Major 
 ag st. 
 
 Albany, 
 
 8604 
 8840 
 2584 
 4003 
 5419 
 4648 
 2799 
 3079 
 2855 
 5476 
 1316 
 2789 
 7606 
 8800 
 2633 
 1838 
 2270 
 2758 
 2935 
 3393 
 5997 
 8549 
 1961 
 3851 
 3912 
 7541 
 4222 
 21052 
 2853 
 8506 
 7940 
 4611 
 4448 
 2804 
 5474 
 
 1806 
 1669 
 1554 
 1303 
 3056 
 2550 
 812 
 3511 
 747 
 987 
 925 
 2668 
 1279 
 1642 
 854 
 460 
 1133 
 1264 
 2140 
 1461 
 3312 
 159 
 1206 
 1791 
 2268 
 2323 
 785 
 1313 
 1881 
 2911 
 2002 
 1683 
 2288 
 1334 
 2350 
 
 6798 
 2171 
 1080 
 2700 
 2373 
 2098 
 1987 
 
 
 
 Allearanv,... 
 
 
 
 Oattaraugus . . . . 
 
 
 Gavugra, . . . 
 
 
 Ohatauque 
 
 
 
 Chemung, 
 
 Chenango 
 
 432 
 
 Clinton, 
 
 2108 
 4489 
 891 
 120 
 6827 
 7258 
 1779 
 1378 
 1137 
 1604 
 795 
 1982 
 2685 
 8390 
 755 
 2060 
 1644 
 5218 
 8437 
 19739 
 972 
 4595 
 5938 
 2928 
 2160 
 1470 
 3124 
 
 
 Cortland* 
 
 
 Delaware, 
 
 
 
 
 Erie 
 
 
 Essex, 
 
 
 
 
 Fulton and Hamilton, 
 
 
 
 
 
 Greene 
 
 
 
 Jefferson 
 
 
 Kings,... 
 
 
 * 
 -Lewis . . . . 
 
 
 Livingston, 
 
 
 Madison 
 
 
 
 
 
 Montgomery, 
 
 New York 
 
 
 Niagara,... 
 
 
 Oneida, 
 
 
 Onondacra . . 
 
 
 Ontario, 
 
 
 Orange, 
 
 
 
 Orleans, 
 
 Oswego . . . . 
 
 
 
 
 * Including the votes given for and against the " Free School Law," and 
 for and against the " School Law," the majority against the law in this 
 county was 80. 
 
76 
 
 COUNTIES. 
 
 For the New 
 School Law. 
 
 Against the 
 New School 
 Law. 
 
 Majority 
 for. 
 
 Major 
 
 ag st. 
 
 
 4009 
 
 4019 
 
 
 10 
 
 Putnam 
 
 1211 
 
 277 
 
 934 
 
 
 
 2652 
 
 396 
 
 2256 
 
 
 Rensselaer 
 
 7254 
 
 978 
 
 6276 
 
 
 
 1437 
 
 22 
 
 1415 
 
 
 Rockland 
 
 1117 
 
 414 
 
 703 
 
 
 St Lawrence . ... 
 
 4997 
 
 2546 
 
 2451 
 
 
 Saratoga 
 
 4749 
 
 2110 
 
 2639 
 
 
 Schenectady . . 
 
 2304 
 
 304 
 
 2000 
 
 
 Schokarie, 
 
 2751 
 
 2674 
 
 77 
 
 
 Seneca, 
 
 2799 
 
 886 
 
 1913 
 
 
 Steuben, 
 
 5714 
 
 2321 
 
 3393 
 
 
 Suffolk 
 
 2479 
 
 938 
 
 1541 
 
 
 Sullivan . 
 
 2421 
 
 499 
 
 1922 
 
 
 Tioffa 
 
 0040 
 
 837 
 
 1506 
 
 
 Tompkins, 
 
 2459 
 
 3177 
 
 
 718 
 
 Ulster, 
 
 5688 
 
 1182 
 
 4506 
 
 
 "\V~arren t 
 
 1708 
 
 679 
 
 1029 
 
 
 Washington . . 
 
 4109 
 
 2298 
 
 1811 
 
 
 "Wayne 
 
 4-9*77 
 
 01Q 
 
 1658 
 
 
 W^estchester 
 
 4554 
 
 982 
 
 3572 
 
 
 Wyoming. 
 
 3000 
 
 1652 
 
 1348 
 
 
 Yates 
 
 2480 
 
 829 
 
 1651 
 
 
 
 
 
 
 
 
 249,872 
 
 91,951 
 
 158,181 
 
 1240 
 
 On the 10th of December, 1849, SAMUEL S. RANDALL was re-appointed 
 Deputy Superintendent of Common Schools, in the place of Mr. JOHNSON, 
 appointed Deputy Secretary. 
 
 Notwithstanding the almost unanimous vote of the electors of the state in 
 favor of the act of 1849,it was met at the outset of its practical administration 
 by a violent and wide spead hostility. In nearly half the counties of the 
 state, the Board of Supervisors had adjourned their sessions, before the 
 official annunciation of its adoption, and consequently without making pro 
 vision for the additional county tax required by the second section. The 
 heavy deficiency of funds thus occasioned was left to be supplied by a district 
 tax ; and the great inequality in the taxable property of the several districts 
 was severely felt, and contributed to a very great extent, to render the prac 
 tical operation of the new law, burdensome and oppressive. Many of the 
 heaviest tax payers had no direct interest in the schools ; and in general 
 wherever they constituted a majority of the legal voters of the district, they 
 refused all appropriations for the support of the school beyond the four 
 months required by law. Petitions for a repeal or modification of the law, 
 were forwarded in great numbers from every section of the state : and a very 
 general disaffection existed towards the new system. 
 
 By an act passed on the 30th of March, the sum of $250 was appropriated, 
 annually for three years to the Trustees of such Academies as the Regents of 
 the University, should designate for that purpose, on condition that at least 
 twenty individuals in such Academies should be instructed in the science of 
 common school teaching for at least four months during each of said years. 
 
 On the first day of January, 1850, the Superintendent forwarded to the 
 legislature his annual report, by which it appeared that the number of school 
 districts in the state, was 11,191, the number of children between five and 
 sixteen 739,655 and the whole number of children taught during the year 
 1848, 778,309. The recommendation to restore the office of county Superin- 
 
77 
 
 tendent, or to create that of assembly district Superintendent, was renewedly 
 urged upon the legislature, together with several other important modification, 
 of the existing law. 
 
 Several bills were brought forward in each branch of the legislature, in ac 
 cordance with these recommendations, and with the object of removing the 
 obnoxious features of the new law. Able reports were made by Mr. BEEKMAN 
 of New York, Chairman of the Literature Committee of the senate, and by 
 Mr. KINGSLEY of Cortland from a select Committee of the assembly, to whom 
 the various petitions for a repeal or modification of the law, were referred. 
 Mr. BURROUGHS of Orleans, the Chairman of the Committee on colleges, acade 
 mies and common schools, brought forward a bill, providing for the levying 
 of a general state tax of $800,000 annually, for the support of the schools, in 
 conjunction with the annual revenue of the school fund. 
 
 This bill passed the Assembly by a vote of 70 in the affirmative to 80 in 
 the negative ; but no action was had on it in the Senate. In that body a 
 bill was introduced by Mr. MANN, of Oneida, referring the question of re 
 peal of the act of 1849, to the decision of the people at the ensuing election, 
 which passed the Senate, and received the assent of the House, after mid 
 night of the last day of the session. 
 
 The friends of Free Schools, after the most strenuous and persevering 
 though ineffectual efforts to obtain such amendments or modification of the 
 law as might render its provisions generally acceptable, determined, under 
 these circumstances, to oppose its unconditional repeal. They united, with 
 great unanimity, in the call for a State Convention at Syracuse, which was 
 held on the 10th day of July, the Superintendent of Common Schools, Mr. 
 MORGAN, presiding ; at which, resolutions were adopted in favor of the prin 
 ciple of Free Schools, and recommending the friends of education generally 
 throughout the State, to oppose the repeal of the existing law with the view 
 of amending and perfecting its details. An animated and vigorous canvass 
 ensued the opponents of the law insisting npon its unconditional repeal, with 
 out regard to the principle involved, and the friends of Free Schools, while 
 conceding to the fullest extent the objections urged against the existing law, 
 insisting upon its retention on the Statute book, for the sake of that princi 
 ple, and pledging themselves to unite with its opponents in such amendments 
 and modifications of the law itself, as public opinion should demand, and the 
 best interests of education require. So obnoxious, however, were the main 
 features of the law to the inhabitants of the several districts generally, that 
 an aggregate majority of 46,874 was obtained, at the annual election in the 
 fall of 1860, in forty -two of the fifty-nine counties of the State, in favor of 
 its repeal. In the remaining seventeen counties, including the City and 
 County of New York, the aggregate majority against repeal amounted to 
 71,912. The whole number of votes cast on this question (exclusive of im 
 perfect and scattering ballots) was 393,664 ; of which 184,308 were given 
 for, and 209,346 against the repeal of the law ; leaving a majority of 25,038 
 against such repeal. 
 
 The following Statement of the vote in the several Counties of the State 
 for and against the Repeal of the Free School Law, is derived from the offi 
 cial returns to the Secretary of State s Office : 
 
 COUNTIES. 
 
 For Repeal 
 of the new 
 School Law 
 
 Against Repeal 
 of the new 
 School Law. 
 
 Majority 
 for 
 Repeal. 
 
 Majority 
 against^ 
 Repeal. , 
 5272 
 
 
 3310 
 3787 
 3021 
 3175 
 3639 
 4724 
 2315 
 4828 
 
 8582 
 2161 
 1846 
 2196 
 3409 
 3094 
 2135 
 2358 
 
 1626 
 175 
 979 
 230 
 1630 
 180 
 2470 
 
 Allesran v, . . 
 
 
 
 
 
 Cayuga, 
 
 
 Chautauque, 
 
 
 
 
 Chenango, 
 
 
78 
 
 COUNTIES. 
 
 For Repeal 
 )f the new 
 School Law 
 
 Against Repeal 
 of the new 
 School Law. 
 
 Majority 
 for 
 Repeal. 
 
 Majority 
 against 
 Repeal 
 
 Clinton w 
 
 1963 
 
 1893 
 
 70" 
 
 
 Columbia . ... ... 
 
 2566 
 
 4394 
 
 
 1828 
 
 Cortland 
 
 3150 
 
 1153 
 
 1997 
 
 
 
 4068 
 
 2040 
 
 2028 
 
 
 
 2841 
 
 6764 
 
 
 3928 
 
 Erie, 
 
 4672 
 
 6415 
 
 
 174? 
 
 Essex 
 
 2138 
 
 1559 
 
 579 
 
 
 
 1664 
 
 1221 
 
 443 
 
 
 
 2510 
 
 1537 
 
 973 
 
 
 Q-enesee 
 
 2880 
 
 1698 
 
 1132 
 
 
 
 3 9 l7 
 
 1847 
 
 13*79 
 
 
 JTprkimfr ,,. ,. 
 
 8-^88 
 
 3038 
 
 50 
 
 
 
 6064 
 
 3958 
 
 2106 
 
 
 Vinfi 
 
 1060 
 
 11136 
 
 
 10076 
 
 * % 
 
 TZOQ 
 
 455 
 
 964 
 
 
 Jiivinfrston < 
 
 8599 
 
 f^d-S 
 
 ir5i 
 
 
 
 OQQ 
 
 30K.1 
 
 6^2 
 
 
 
 5H09 
 
 5031 
 
 68 
 
 
 Mont O orn ery ,,, . 
 
 0953 
 
 3095 
 
 
 1042 
 
 N*!WYork , 
 
 987 
 
 38816 
 
 
 37827 
 
 
 3461 
 
 2169 
 
 1292 
 
 
 
 7414 
 
 gf) i Y 
 
 897 
 
 
 
 4657 
 
 6583 
 
 
 1926 
 
 Ontario .....-, 
 
 87 12 
 
 2970 
 
 742 
 
 
 
 1183 
 
 89*74. 
 
 909 
 
 
 Orleans . . . 
 
 2,835 
 
 !53 
 
 1312 
 
 
 
 4941 
 
 3770 
 
 471 
 
 
 Ots6"O 
 
 3816 
 
 9Q96 
 
 1720 
 
 
 
 845 
 
 959 
 
 
 114 
 
 
 1542 
 
 2050 
 
 
 503 
 
 Rensselaer, 
 
 8370 
 
 7176 
 
 
 3806 
 
 
 851 
 
 1212 
 
 
 861 
 
 Ro<3kland 
 
 8 26 
 
 948 
 
 
 112 
 
 
 468 
 
 S5^9 
 
 1069 
 
 
 
 4^1 i 
 
 3077 
 
 1134 
 
 
 Schenectady 
 
 1365 
 
 1417 
 
 
 52 
 
 
 4159 
 
 161 1 
 
 2548 
 
 
 Seneca . . 
 
 1810 
 
 2113 
 
 
 803 
 
 
 5377 
 
 4016 
 
 1361 
 
 
 Suffolk 
 
 00 52 
 
 1884 
 
 368 
 
 
 Snllivan 
 
 1748 
 
 1475 
 
 273 
 
 
 Tioffa, 
 
 2784 
 
 1130 
 
 1654 
 
 
 Tompkins 
 
 4441 
 
 lq.>4 
 
 9517 
 
 
 Ulster 
 
 3826 
 
 4063 
 
 
 37 
 
 Warren 
 
 1806 
 
 11<>2 
 
 704 
 
 
 Washington , 
 
 S7^6 
 
 2718 
 
 1008 
 
 
 W^vne 
 
 4742 
 
 26"5 
 
 9137 
 
 
 
 2H>4 
 
 4436 
 
 
 2 l> 72 
 
 WVorninf 
 
 3155 
 
 1 6 1 
 
 1545 
 
 
 Yates .. 
 
 2186 
 
 1525 
 
 661 
 
 
 
 1184308 
 
 2U9316 
 
 46874 
 
 71912 
 
 Majority against repeal, 25,038. 
 
 In his annual message at the opening of the Legislature of 1851, Governor 
 HUNT thus adverted to the subject : 
 "The operations of the act of 1849, establishing free schools, have not 
 
79 
 
 produced all the beneficial effects, nor imparted the general satisfaction an- 
 fcoipated by the friends of the measure. It has been the policy of our State 
 from an early period, to promote the cause of popular education by liberal 
 sad enlightened legislation. A munificent fund created by a series of mea- 
 uree, all aiming at the same great result, has been dedicated by the Consti- 
 tation to the support of common schools, and the annual dividend from this 
 ource will gradually increase. The duty of the State to provide such means 
 and facilities as will extend to all its children the blessings of education, and 
 especially to confer upon the poor and unfortunate a participation in the ben 
 efits of our common schools, is a principle which has been fully recognized 
 and long acted upon by the Legislature and the people. 
 
 "The vote of 1849, in favor of the free school law, and the more recent 
 rote by a reduced majority against its repeal, ought doubtless to be regarded 
 ftn a re affirmation of this important principle, but not of the provisions of 
 the bill, leaving it incumbent upon the Legislature, in the exercise of a sound 
 discretion, to make such enactments as will accomplish the general design, 
 without injustice to any of our citizens. An eesential change was made by 
 the law under consideration, in imposing the entire burthen of (he schools 
 upon property, in the form of a tax, "without reference to the direct benefits 
 derived by the tax payer. The provisions of the aet for carrying this 
 plan into effect, have produced oppressive inequalities and loud com 
 plaints. 
 
 " In some districts the discontent and strife attendant upon these evils, 
 hare disturbed the harmony of society. An earnest effort should be inside 
 to reconcile differences of opinion, to remedy the grievances arising from the 
 imperfect operation of the law, and to equalize the. weight of taxation by 
 such principles of justice and equity as will ensure popular sanction. The 
 8UCCCS3 of our schools must depend, in a great degree, upon the united coun 
 sels and friendly co-operation of the people in each small community compo 
 sing a district, and nothing can be more injurious to the system of common 
 school education than feuds and contentions among those who are responsible 
 for its healthful action and preservation. 
 
 " It cannot be doubted that all property, estates, whether large or small, 
 will derive important advantages from the universal education ofthepeo- 
 
 E"e. A well considered system, which shall ensure to the children of all, the 
 e?eings of moral and intellectual culture, will plant foundations brouc j-r.d 
 deep, for public and private Virtue; and its effects will be seen in the dimi 
 nution of vice nnd crime, the more general practice of industry, solu^ty 
 and integrity, conservative and enlightened l^islation, and universal obe U- 
 encc to the laws. In such a community the righre of property are stable, and 
 the contributions imposed on i! are ssseutimly lightened. But I entertain a 
 firm conviction that the present hw icquirea a thorough revision, and that an 
 entire change in the mode i.t assessment w indispensable." 
 
 On tlic 7th of January. 1851, Mr. M:S(;\N transmitted to the Legislature 
 his thiH annual report ns Superint Ai .ent, from which it appears (Int the 
 whole number of (iistriott? in tli State was 1 1,897 ; the number of children 
 between five and sixteen, on the 31st of December, 1849. 735,188; and the 
 number of children taught during the preceding year in the several common 
 school* of the State, 794,500 being an excess of 59,312 over the number 
 between the a^esof five nnd sixteen, and of 16,191 over the whole number 
 previously t wight. The entire expenditure for school purposes, dining the 
 year reported, was $1, 766,668 24. The number of volumes in the several 
 district libraries was about 1,500,000. The Superintendent again urged upon 
 the Legislature the importance of a more thorough and efficient local super- 
 vi-ion. through the agency of a County or Assembly District Superintendent; 
 alluded to the increased usefulness and flourishing prospects of the Normal 
 
 chcolp in which, in addition to the usual course of instruction, a limited 
 number of Indian youth had been received as pupils during the preceding 
 year; and concluded by strongly urging upon the attention of the legislature 
 the expediency and necessity of such an amendment of the existing law, ea- 
 
tablishing Free Schools throughout the State, as was demanded by an en 
 lightened public sentiment. "The history of the past year," he observes, 
 " in reference to this great enterprise, has been one of mingled triumph and 
 disaster, The principle incorporated in the Act for the establishment of 
 Free Schools throughout the State has been again subjected to the test of 
 public opinion. In their almost unanimous approval of that principle in the 
 canvass of 1849, the electors very generally overlooked the specific detail* 
 of the bill submitted to their sanction, confiding in the disposition of th 
 Legislature to modify such of its features as might be practically objection 
 able. Serious obstacles to the successful operation of the law presented 
 themselves almost upon the threshold of its administration. The boards of 
 supervisors in more than one-half of the counties of the State had adjourned 
 their annual sessions before the act took effect, without making the appro 
 priations required by its provisions, leaving the several school districts to 
 sustain a most unequal and oppressive burden of taxation for the support of 
 their schools. 
 
 " Inequalities in the valuations of taxable property contributed, in many 
 localities, greatly to aggravate this burden, and a spirit of opposition to th 
 new law, inflamed by its determined opponents, manifested itself at the 
 primary district meetings, and too often resulted in the entire rejection of 
 the estimates prepared by the trustees, and the limitation of the term of 
 school to the lowest possible period authorized by law. Appeals were as 
 siduously made to the cupidity of the heavy tax-payers their interest* 
 sought to be arrayed against that of their less favored brethren, and against 
 the interests of their children ; their passions stimulated by the real inequal 
 ities as well as fancied injustice of the burdens imp>sed by the new law, 
 were readily enlisted against every attempt to carry it into operation. Nu 
 merous petitions were sent to the Legislature, praying for its repeal, or for 
 such amendments as might render it more generally acceptable. 
 
 " It was obvious that the law was liable to just and serious objections., and 
 it did not meet with that general approval which was necessary to ensure it 
 success. Under these circumstances, the friends of the new system wer 
 among the first to concede the defects of the bill, and while urging the pres 
 ervation of the fundamental principle which it involved, were anxiously so 
 licitous so to modify the details of the measure, as to obviate all its obnoxious 
 features. At their suggestion and with their co-operation, bills were introdu 
 ced into both branches of the Legislature, providing for a general and equit 
 able system of State or county taxation, for the purpose of rendering the 
 common schools free to all, dispensing with the necessity of a district assess 
 ment, out of which the principal embarrassment had originated. In the As 
 sembly, the measures thus proposed were approved by a large majority ; th 
 Senate did not concur in the action of the House, but sent to the House a 
 bill proposing a re-submission of the law to the people. At the close of th* 
 session, and when it became evident that no modification of the obnoxious 
 law could be obtained, this bill received the assent of the House. 
 
 " By the adoption oft this measure, the friends of free schools found them 
 selves in a very embarassing position; they were compelled either to give their 
 votes and influence in favor of the continuance of a law, some of the distinc 
 tive feature of which were at variance both with their wishes and judgment, 
 or, by sanctioning its repeal, hazard the principle which had been deliberate 
 ly adopted by the Legislature, and approved by the emphatic expression of 
 the public will. The issue thus presented could not fail of being greatly mis 
 apprehended. While the electors secured -the renewed triumph of the prin 
 ciple involved, there can be no doubt that thousands of votes were cast for 
 the repeal of the law, by citizens who desired only its amendment, and who 
 would have recorded their suffrages in favor of a system of free-schools pro 
 perly guarded, had the form of the ballot permitted them to do so. 
 
 " It remains then for the Legislature to give efficacy to this renewed ex 
 pression of the popular will, by the enactment of a law which* shall definitive 
 ly engraft the free school principle upon our existing system of primary 
 
81 
 
 education, and at the same time remove all just cause of complaint as to the 
 inequality of taxation. District taxation has been found to be unjust, un 
 equal and oppressive. It should therefore at once be abandoned, so far as 
 the ordinary support of the schools is concerned. The funds necessary for 
 payment of teachers wages, in addition to the amount received from the 
 State Treasury, should be provided either by a State tax equitably levied on 
 real and personal property according to a fixed and uniform valuation, by 
 a county and town tax, levied and assessed in the same manner, or by such 
 a combination of these three modes as might be deemed most expe 
 dient and judicious. 
 
 " The common schools of the State should be declared free to every resi 
 dent of the respective districts, of the proper age to participate in their 
 benefits ; and their support should be made a charge upon the whole pro 
 perty, either of the state at large, or of the respective counties and towns 
 in which they are situated. 
 
 " The bill which passed the Assembly at its last session, provided for the 
 levying of an annual tax of $800,000 on the real and personal property of 
 the state according to the assessed valuation of such property, and for the 
 distribution of the aggregate amount so to be raised, among the several 
 counties and towns of the state, according to the number of children, 
 of proper school age, residing in each. This sum, together with the amount 
 annually apportioned from the revenue of the common school fund, would, 
 it was supposed, be sufficient for the support of the several schools of 
 the state,during an average period of eight months in each year. The whole 
 amount expended for teachers wages, during the year 1849, was $1,322,- 
 696 24, to which is to be added an aggregate amount of $110,000 for 
 library purposes, making in the whole $1,432,696 24. The superintendent, 
 however, entertains no doubt that the amount proposed to be raised by the 
 bill referred to, in conjunction with the State appropriation, the revenue 
 for which is rapidly and steadily increasing, will be amply adequate to 
 the payment of teachers wages for the average length of time during which 
 the schools have heretofore been taught, and to the annual and adequate 
 replenishment of the libraries and necessary apparatus in the schools. 
 
 " Under the present defectively administered system of assessment, how 
 ever, such a tax will operate very unequally in different sections of the 
 State. The standard of valuation, both of real and personal property, varies, 
 as is well known, in nearly every county of the State ; while in some it is 
 estimated at its fair and market value, in others it is assessed at three- 
 fourths, two-thirds and sometimes as low as one-half its actual value. If, 
 therefore the existing standard of valuation is to be made the basis of the 
 apportionment of the proposed tax, it is manifest that a very unjust and 
 oppressive burden will be cast upon those counties where the assessment is 
 in strict accordance with the provisions of law, for the benefit of those 
 sections in which its requirements are evaded by an arbitrary standard of 
 valuation. 
 
 " The distribution of money when raised, serves likewise to render this 
 disproportion still more manifest, that being based upon the population ac 
 cording to the last preceding census of the respective counties." 
 
 " Should the legislature deem it expedient to charge the annual support 
 of the schools, over and above the revenue of the school fund, upon the 
 taxable property of the State, and to retain the existing mode of distribu 
 tion, the necessity of devising some mode by which the standard of valua 
 tion should be as nearly as practicable uniform thoughout the state, will be 
 apparent. If thia can be accomplished, or if the distribution of the funds 
 raised were directed to be made upon the same basis with the apportion 
 ment of the tax, there can be no doubt,in the judgment of the Superintendent, 
 that a state tax for the support of our common schools will prove the 
 simplest, most efficient and beneficial mode of providing for the object in 
 view : the establishment and maintenance of a system of free school educa 
 tion, in accordance with the expressed wishes of the inhabitants of the State. 
 6 
 
82 
 
 " If, however, this were found impracticable, the same result may be 
 obtained by requiring the board of supervisors of each county of the State 
 to raise twice the amount apportioned to the county, as a county tax, and 
 levy an equal amount as a town tax, in the mode prescribed by the exist 
 ing law, which requires only an equal amount to be levied as a county and 
 town tax respectively. This provision would simply increase the amount 
 of school money now by law required to be raised, one third, while it would 
 entirely dispense with district taxation, for the current support of the schools. 
 Inequalities in the standard of valuation adopted by the respective counties, 
 would in this case prove unjust and burdensome to none ; as the existing law 
 has made complete provision for the adjustment of such inequalities in the 
 case of joint districts formed from parts of two or more counties or towns. 
 The whole amount of taxable property of ^each county would contribute 
 in equal and fair proportions to the support of the schools located in its 
 territory ; and the angry dissensions growing out of the necessity of dis 
 trict taxation, the fruitful source of nearly all the opposition which has been 
 made to the existing law, would be averted. 
 
 " In apportioning the public money, and the money raised by a county or 
 State tax among the several school districts, the Superintendent is of opin 
 ion that some more effectual provision than now exists, should be made for 
 the smaller and weaker districts, upon whom the burden of supporting a 
 school for any considerable length of time during the year, is peculiarly 
 oppressive. If a specified amount, say for instance fifty dollars, were re 
 quired to be apportioned to every duly organized district whose report for 
 the preceding year shall be found in accordance with law, leaving the balance 
 to be apportioned according to the number of children between the ages of 
 four and twenty-one years residing in the district, the necessary encour 
 agement would be afforded to every district, however limited its means, or 
 however sparse its population, while ample resources would be left for larger 
 and more populous districts. The several districts being thus furnished 
 with adequate funds for the maintenance of efficient schools during an 
 average period of eight months in each year, the trustees should be peremp 
 torily required to expend the moneys thus placed at their disposal, in the 
 employment of suitably qualified teachers for such a length of time as those 
 means may justify. 
 
 " Such an arrangement would, it is believed, prove almost universally ac 
 ceptable to the people of the State. The principle involved has repeatedly 
 received the sanction of public sentiment. It is in accordance with the 
 enlightened spirit of the age. It is the only system compatible with the 
 genius and spirit of our republican institutions. It is not a novelty, now 
 for the first time sought to be engrafted upon our legislation, but a princi 
 ple recognized and carried into practical operation in our sister State of 
 Massachusetts from the earliest period of its colonial history indentified 
 with her greatness and prosperity, her influence and her wealth, and trans 
 planted from her soil to that of some of the younger States of the Union. 
 
 " In each of our own cities, and in many of our larger villages, it has 
 been established and successfully sustained by the general approval of their 
 citizens, and wherever it has obtained a foothold it has never been abandon 
 ed. It is only requisite to adjust the details of the system equitably and 
 fairly, to commend it to the approbation of every good citizen as the noblest 
 palladium and most effectual support of our free institutions. 
 
 " The existing law has excited a degree of opposition which was not an 
 ticipated, but it is believed that it has grown out of the defects of the law, 
 rather than from any prevailing hostility to the principle of free schools. 
 
 " No law can be successfully and prosperously administered under our 
 government, which does not receive the general approval of the people. It 
 is the earnest desire, therefore, of the Superintendent, that the present law 
 should be so amended as to produce greater equality to remove all reason 
 able ground of complaint, and to render our great system of education more 
 efficient and useful. 
 
63 
 
 "The idea of universal education is the grand central idea of the age. 
 tJpon this broad and comprehensive basis, all the experience of the past, all 
 the crowding phenomena of the present, and all our hopes and aspirations 
 for the future, must rest. Our forefathers have transmitted to us a noble in 
 heritance of national, intellectual, moral and religious freedom. They have 
 confided our destiny as a people to our own hands. Upon our individual 
 and combined intelligence, virtue and patriotism, rests the solution of the 
 great problem of self-government. We should be untrue to ourselves, un 
 true to the cause of liberty, of civilization and humanity, if we neglected 
 the assiduous cultivation of those means, by which alone we can secure the 
 realization of the hopes we have excited. Those means are the universal 
 education of our future citizens, without discrimination or distinction. 
 Wherever in our midst a human being exists, with capacities and faculties 
 to be developed, improved, cultivated and directed, the avenues of knowl 
 edge should be freely opened, and every facility afforded to their unrestrict 
 ed entrance. Ignorance should no more be countenanced than vice and 
 crime. The one leads almost inevitably to the other. Banish ignorance, 
 and in its stead introduce intelligence, science, knowledge and increasing 
 wisdom and enlightenment, and you remove, in most cases, all those incen 
 tives to idleness, vice and crime, which now produce such a frightful har 
 vest of retribution, misery and wretchedness. Educate every child, to the 
 top of his faculties, and you not only secure the community against the 
 depredations of the ignorant and the criminal, but you bestow upon it, in 
 stead, productive artisans, good citizens, upright jurors and magistrates, en 
 lightened statesmen, scientific discoverers and inventors, and the dispensers 
 of a pervading influence in favor of honesty, virtue and true goodness. 
 Educate every child physically, morally and intellectually, from the age of 
 four to twenty-one, and many of your prisons, penitentiaries and alms-hous 
 es will be converted into schools of industry and temples of science, and 
 the immense amount now contributed for their maintenance and support 
 will be diverted into far more profitable channels. Educate every child 
 not superficially not partially but thoroughly develope equally and 
 healthfully every faculty of his nature every capability of his being and 
 you infuse a new and invigorating element into the very life blood of civili 
 zation an element which will diffuse itself throughout every vein and arte 
 ry of the social and political system, purifying, strengthening and regenera 
 ting all its impulses, elevating its aspirations, and clothing it with a power 
 equal to every demand upon its vast energies and resources. 
 
 " These are some of the results which must follow in the train of a wisely 
 matured and judiciously organized system of universal education. They 
 are not imaginary, but sober inductions from well authenticated facts de 
 liberate conclusions from established principles, sanctioned by the concur 
 rent testimony of experienced educators and eminent statesmen and phi 
 lanthropists. If names are needed to enforce the lesson they teach, those 
 of Washington, and Franklin, and Hamilton, and Jefferson and Clinton, with 
 a long array of patriots and statesmen, may be cited. If facts are required 
 to illustrate the connection between ignorance and crime, let the official re 
 turn of convictions in the several courts of the State for the last ten years 
 be examined, and their instructive lessons be heeded. Out of nearly 28,000 
 persons convicted of crime, but 128 had enjoyed the benefits of a goodcom- 
 mon school education ; 414 only had what the returning officers characterize 
 as a tolerable share of learning ; and of the residue, about one-half only 
 could either read or write. Let similar statistics be gathered from the 
 wretched inmates of our poor house establishments, and similar results 
 would undoubtedly be developed. Is it not, therefore, incomparably better, 
 as a mere prudential question of political economy, to provide ample means 
 for the education of the whole community, and to bring those means within 
 the reach of every child, than to impose a much larger tax for the protection 
 of that community against the depredations of the ignorant, the idle and 
 the vicious, and for the support of the imbecile, the thoughtless and intem 
 perate ? 
 
84 
 
 " Every consideration connected with the present and future welfare of 
 the community every dictate of an enlightened humanity every impulse 
 of an enlarged and comprehensive spirit of philanthropy, combine in favor 
 of this great principle. Public sentiment has declared in its favor. The 
 new States which, within the past few years, have been added to the Con 
 federacy, have adopted it as the basis of their system of public instruction; 
 and the older States, as one by one they are reconstructing their fundamen 
 tal laws and constitutions, are engrafting the same principle upon their in 
 stitutions. Shall New York, in this noble enterprise of education, retrace 
 her steps ? Shall she disappoint the high hopes and expectations she has 
 excited, by receding from the advanced position she now occupies in the van 
 of educational improvement ? Her past career, in all those elements which 
 go to make up the essential wealth and greatness of a people, has been one 
 of progress and uninterrupted expansion. Her far-seeing legislators and 
 statesmen, uninfluenced by the skepticism of the timid, the ignorant and. 
 the faithless, and unawed by the denunciations of the hostile, prosecuted 
 that great work of internal improvement which will forever illustrate the 
 pride and glory of her political history. The rich results of the experiment 
 thus boldly ventured upon have vindicated their wisdom. Is the develop 
 ment of the intellectual and moral resources of her millions of future citi 
 zens an object of less interest, demanding a less devoted consecration of the 
 energies of her people, and worthy of a less firm and uncompromising per 
 severance ? 
 
 " Disregarding the feelings of the present hour, and looking only to the 
 future, will the consciousness of having laid the foundation for the universal 
 education of our people be a less pleasing subject of contemplation than 
 that of having aided in replenishing the coffers of their wealth ? 
 
 " In conclusion, the Superintendent cannot feel that he has fully met the 
 responsibility devolved upon him by his official relations to the schools of 
 the State, were he to fail in again urging upon the Legislature the definite 
 adoption of this beneficent measure. Let its details be so adjusted as to 
 bear equally upon all, oppressively upon none. Let every discordant ele 
 ment of strife and passion be removed from the councils of the districts, let 
 the necessary assessment for the great object in view be diffused over the 
 vast aggregate of the wealth and property of the State. Then let teachers, 
 worthy of the name, teachers intellectually and morally qualified for the 
 discharge of their high and responsible duties, dispense the benefits and 
 riches of education, equally and impartially, to the eight hundred thousand 
 children who annually congregate within the district school room. 
 
 " The children of the rich and the poor, the high and the low, the native 
 and the foreigner, will then participate alike in the inexhaustible treasures 
 of intellect, they will commence their career upon a footing of equality, un 
 der the fostering guardianship of the State, and will gradually ripen into 
 enlightened and useful citizens, prepared for all the varied duties of life, 
 and for the full enjoyment of all the blessings incident to humanity." 
 
 Numerous petitions were forwarded to the legislature from different sec 
 tions of the state, for the repeal or amendment of the act of 1849. On the 
 6th day of February, Mr. T. H. BENEDICT, of Westchester, from the majority 
 of the Assembly committee on colleges, academies and common schools, pre 
 sented an elaborate and able report, accompanied by a bill " to establish 
 Free Schools throughout the State." This bill declared common schools 
 free to every child between the ages of five and twenty -one years ; directed 
 the levying of an annual state tax of $800,000 for their support, in addition 
 to the funds already provided by the constitution ; and provided for any 
 balance that might be necessary for the payment of teachers wages by a 
 poll tax to be levied by the trustees on the inhabitants of the respective 
 districts. Mr. BURROUGHS, of Orleans from the minority of the committee, 
 reported a bill entitled " An act in relation to Common Schools," directing 
 the sum of $800,000 to be annually levied by a state tax, one-fourth of 
 the avails of which together with one-fourth of all other monies applicable 
 
85 
 
 to the -support of common schools -was directed to be equally divided among 
 the several school districts, and the residue to be apportioned according to 
 the number of children residing in each between the ages of five and twenty- 
 one ; and any balance requisite to be raised by rate bill. 
 After a protracted discussion of several weeks the bill entitled " AN ACT 
 
 TO ESTABLISH FREE SCHOOLS THROUGHOUT THE STATE," Was passed by & Vote 
 
 of 72 to 21. By this act the several common schools of the state was de 
 clared free to all persons residing in the several districts over five and 
 under twenty-one years of age, as thereinafter provided ; an annual state tax 
 of $800,000 was directed to be levied for their support, one-third of which 
 and of all other monies applicable to the support of common schools, was 
 directed to be equally divided among the several districts, and the residue 
 to be apportioned according to the number of children between the ages 
 of five and twenty-one ; and any balance required for the payment of teach 
 ers wages, to be provided for by a rate-bill, exempting all indigent persons. 
 All property exempt by law from levy and sale on execution was declared 
 to be exempt from the operation of the collectors warrant, on such rate 
 bills. On the 10th of April, this bill passed the Senate without amend 
 ment, by a vote of 22 to 4, and on the 12th of April, was signed by the 
 Governor and became a law. 
 
 Among those who by their exertions and influence, contributed materially 
 to the final establishment and recognition of the Free School principle, and its 
 incorporation as a fundamental portion of our Common School System, we 
 may be permitted without disparagement to others less prominently connected 
 with this important movement, to enumerate Governors SEWARD and HUNT, 
 Superintendents YOUNG, BENTON and MORGAN, JAMES W. BEEKMAN, HORACE 
 GREELEY and HENRY J. RAYMOND of New York ; THOMAS LEGGETT, Jr. of 
 Queens ; Hon. FRANKLIN TUTHILL of Suffolk, A. Wi LEGGETT, CALEB ROSCOE 
 and THEODORE H. BENEDICT of Westchester : ALEXANDER G. JOHNSON, HENRY 
 B. HASWELL, JOHN O. COLE, FRANKLIN TOWNSEND, JOHN V. L. PRUYN, BRAD 
 FORD R. WOOD, Rev. HENRY MANDEVILLE, FRIEND HUMPHREY, J. N. T. TUCKER, 
 J. W. BULKLEY and WILLIAM F. PHELPS of Albany, Gen. JOHN E. WOOL, Prof. 
 BAERMAN and GEORGE M. TIBBITTS of Rensselaer ; JOHN BOWDISH of Mont 
 gomery ; HALSEY R. WING of Warren ; WILLIAM L. CRANDALL, editor of the 
 Free School Clarion; HARVEY BALDWIN, CHARLES B. SEDGWICK, Rev. SAMUEL 
 J. MAY, E. W. CURTIS, BENJAMIN COWLES, and the members of the Teachers 
 Association of Onondaga ; O. B. PIERCE, of Oneida ; Dr. JOHN MILLER, SAMUEL 
 B. WOOLWORTH and LEWIS KIXGSLEY of Cortland ; ALANSON HOLLEY of Wy 
 oming ; Gen. W. S. HUBBELL and DAVID MCMASTER of Steuben ; CALEB LYON 
 of Lewis ; Dr. H. D. DIDAMA of Seneca; SALEM TOWN of Cayuga; JABEZ D. 
 HAMMOND of Otsego ; President NOTT of Union College ; O. G. STEELE and 
 Messrs STARR <fc RICE of Erie ; SILAS M. BUROUGHS of Orleans ; 0. ARCHER 
 of Wayne and CHARLES R. COBURN of Tioga. There were numerous other 
 active and influential friends of education, in different sections of the state, 
 whose services and exertions in behalf of this great measure, are none the 
 less appreciated, although the limited space at our disposal does not permit 
 us to give their names in this connection. 
 
 GENERAL OUTLINES OF THE SYSTEM. 
 
 The entire territory of the state, comprising, exclusively of the waters of 
 the great lakes, an area of 45,658 square miles has been subdivided into 
 about eleven thousand and four hundred school districts, averaging some 
 what more than four square miles each seldom, in the rural districts, vary 
 ing materially from this average and bringing the remotest inhabitants 
 of the respective districts within a little more than one mile of the school 
 house. 
 
 Common schools in the several districts of the state are free to all resi 
 dents of the districts between the ages of four and twenty-one years, and non 
 residents of the district may be admitted into the school of any district 
 with the written consent of the trustees. 
 
Every male person of the age of twenty-one years and upwards, residing" 
 in any school district, (including aliens entitled by law to hold real estate) 
 who owns or hires real property in such district subject to taxation for 
 school puposes, or who is a legal voter at town meetings, and is the owner 
 of personal property liable to taxation in the district for school purposes, 
 exceeding fifty dollars in value, beyond such as is exempt from execution, 
 is entitled to vote at any school district meeting held in such district. 
 
 An annual meeting of the inhabitants of each district entitled to vote 
 therein, is to be held, after the first organization of the district, at the time 
 and place designated at the first and at each subsequent meeting ; and 
 special meetings are to be held whenever called by the trustees. 
 
 When legally assembled in any district meeting, the inhabitants of each 
 district, so entitled to vote, are authorized by a majority of the votes of those 
 present, either by ballot or otherwise as they may determine, to choose 
 three trustees, a district clerk, collector, and librarian. The trustees chosen 
 at the first legal meeting of the district, are to be divided by lot into three 
 classes, and the term of office of the first is to be one year ; of the second, 
 two, and of the third, three years ; and one trustee, only is thereafter an 
 nually to be elected, who holds his office for three years. The clerk, collec 
 tor and librararian are annually elected. In the event of a vacancy 
 happening in the office of trustee, by death, refusal to serve, removal out 
 of the district, or incapacity to act, such vacancy may be supplied by the 
 district, and if more than a month is permitted to elapse, without filling it, 
 the town Superintendent is authorized to appoint ; and the person so chosen. 
 or appointed holds only for the unexpired term of the office whose place he 
 fills. A similar vacancy in the" offices of clerk, collector, or librarian, is to 
 be supplied by appointment of the trustees or a majority of them. The town 
 Superintendent, on gdod cause shown, is authorized to accept the resigna 
 tion of any district officer. 
 
 The inhabitants of the several districts, in district meeting assembled are 
 also authorized to designate a site for a schoolhouse,or(with the consent of the 
 town superintendent )for two or more school houses for the district,and to vote 
 such an amount as they may deem sufficient to purchase or lease such a site 
 or sites and to build hire or purchase a school house or houses, keep the same 
 in suitable repair,and furnish them with the necessary fuel and appendages ; 
 and may, in their discretion vote a tax not exceeding twenty dollars in any 
 one year for the purchase of maps, globes, black-boards and other school 
 apparatus. No tax, however, for building, hiring or purchasing a school 
 house can exceed the sum of $400, unless the town Superintendent of the 
 town in which such house is to be situated, shall certify that a larger 
 sum, specifying the same, ought to be raised ; and when the site for the 
 school house has once been fixed, it cannot be change, while the district 
 remains unaltered, but by the written consent of the town Superintendent, 
 and by the vote ayes and noes of a majority of the inhabitants of the district, 
 at a special meeting called for that purpose. In this case the inhabitants may 
 direct the sale of the former site or lot, together with the buildings and ap- 
 pertenances on such terms as they may deem most advantageous to the 
 district, and the trustees, or a majority of them are empowered to effect 
 such sale and to execute the necessary conveyances. The proceeds aje to 
 be applied to the purchase of a new site, and to the removal, erection or 
 purchase of new houses. 
 
 The general administration of the affairs of the several districts, devolves 
 principally upon the trustees, who have the custody of all the district prop 
 erty ; contract with, employ and pay the teachers ; assess all district taxes, 
 following the valuations of the town assessor, so far as they afford a guide, 
 and make out the necessary tax lists and warrants for their collection ; call 
 the annual and special meetings of the inhabitants ; purchase or lease sites 
 for the school house, as previously designated by the district, and build, hire 
 or purchase, keep in repair and furnish such school house with necessary fuel 
 and appendages, out of the funda provided by the district for that purpose ; 
 
87 
 
 purchase suitable books for the district library, which is specially committed 
 to their care, and procure all such school apparatus as the district may di 
 rect ; and on the first of January in each year make their report of the 
 condition of the district, in the form prescribed by law, to the Town Super 
 intendent. 
 
 The productive capital of the Common School Fund is at 
 
 this time, $2,243,563 36 
 
 The capital of that portion of the U. S. Depoeite Fund, the 
 interest of which is annually appropriated to the support 
 
 of Common Schools, is .. 2,750,000 00 
 
 To which may be added a sum that will annually produce 
 an income of $25,000, reserved by the constitution to be 
 added to the capital ofthe school fund, viz : 416,666 67 
 
 Making an aggregate of $5,400,230 03 
 
 The annual interest on this sum, at 6 per cent., is $324,000.00 ; of which 
 $300,000 is annually appropriated to the support of Common Schools, inclu 
 ding $55,000 for the purchase of District Libraries and school appar 
 atus. 
 
 The sum of eight hundred thousand dollars is annually required to be 
 levied on the real and personal property of the State, and when collected to 
 be paid over to the several County Treasurers, subject to the order of the 
 State Superintendent of Common Schools, who is to ascertain the propor 
 tion of such sum to be assessed and collected in each county, according to 
 the valuation of real and personal estate therein, and to certify the same to 
 the several County Clerks, to be laid before the boards of Supervisors, whose 
 duty it is to levy such amount upon the County. On or before the first day 
 of January in each year, the State Superintendent is required to apportion, 
 two-thirds of the amount so raised, together with all other monies appro 
 priated to the support of Common Schools among the several counties, cities 
 and towns of the State, according to the population of such counties, cities 
 and towns, and to divide the remaining third equally among the several 
 districts. 
 
 Under these provisions, the aggregate amount of public money annually 
 apportioned by the State Superintendent, and raised upon the taxable prop 
 erty of the several counties, is $1,100,000.00 ; of which, $1,045,000 is appli 
 cable exclusively to the payment of teachers wages, and the support of the 
 school, and the remaining $55,000 to the purchase of school libraries and 
 apparatus. 
 
 In addition to this, the inhabitants of each town of the State are author 
 ized to raise an additional amount, equal to their share of the state fund, to 
 be appropriated exclusively to the support of schools ; and many of the 
 towns are in possession of local funds applicable to this object, derived 
 from the sale of lands originally set apart in each township, by the State, 
 for this purpose. 
 
 i Town superintendents are biennially elected by the inhabitants and legal 
 Voters of the several towns, at their annual meetings in March and April of 
 each alternate year, and enter upon the execution of the duties devolved 
 upon them, on the first Monday of November succeeding their election, 
 holding for the term of two years thereafter. They are required to execute 
 to the supervisor of their town a bond with sufficient sureties, with a penalty 
 in double the amount of all the school money received by the town, condi 
 tioned for the faithful application and legal disbursement of all the school 
 money which may come into their hand during their term of office, and for 
 the faithful discharge of all their duties. They are authorized to form, 
 regulate and alter the boundaries of school districts, when applied to for 
 that purpose, or when in their judgment necessary and expedient, associat 
 ing with them the supervisor and town clerk of their town, whenever re 
 quested by the trustees of any district interested in any proposed alteration; 
 
88 
 
 and it is their duty to apply for and receive from the county treasurer and 
 town collector respectively, all school money apportioned or belonging to 
 their town ; and on or before the first Tuesday in April of each year to 
 apportion the same among the several districts of their town, according to 
 the number of children between the ages of four and twenty -one, residing 
 in each, as reported to them by the trustees, provided such districts have 
 in all respects complied with the directions of law during the preceding 
 year, and made the annual report required of them. 
 
 No district, without the special permission of the state superintendent 
 can participate in such apportionment, which has not had a school taught 
 within it for at least six months during the year reported, by a duly quali 
 fied teacher ; which has not faithfully expended all its public money in 
 the mode prescribed by law ; or in which a school has been taught for a 
 period exceeding one month by an unqualified teacher. 
 
 In making such apportionment, the town Superintendents designate the 
 respective sums applicable to the payment of teachers, and to the purchase 
 of libraries and school apparatus ; and hold the former subject to the 
 order of the trustees, or of a majority of them, in favor of the teachers em 
 ployed by them and duly qualified according to law ; paying over the library 
 money directly to the trustees. They are also to examine candidates for 
 teachers and to grant certificates of qualification, which are valid for one 
 year only, and may at any time be annulled by them, on notice to the teach 
 er holding such certificate ; and to visit and inspect the several schools of 
 their town at least twice in each year, and oftener if they deem jt neces 
 sary. On the first day of July of each year, they are to make and file with 
 the county clerk, a report in the form prescribed by the State Superinten 
 dent and containing such information in reference to the condition of the 
 schools in their town, as he may from time to time direct. At the expira 
 tion of their term of office they are to account to their successors for all the 
 school moneys received and disbursed by them, and to pay over any balance 
 remaining in their hands. For their services they are entitled to receive 
 $1,25 per day for every day actually devoted by them to the discharge of 
 then- official duties. 
 
 At the seat of government, the STATE NORMAL SCHOOL semi-annually 
 receives under its instruction from two hundred to two hundred and fifty 
 pupils of both sexes, selected by the Board of Town Superintendents of the 
 respective counties, each county being entitled to two pupils for each 
 member t>f Assembly. After spending from two to three years in the 
 institution, the graduates return to their respective counties, and enter upon 
 the active discharge of their duties as teachers ; communicating, as often 
 as may be practicable, through the agency of the TEACHERS INSTITUTES, in 
 the spring and fall of each year, a general knowledge of the modes of 
 teaching, government and discipline attained by them in the Normal School. 
 These INSTITUTES, under the supervision and general direction of the most 
 experienced guides, enable every teacher to acquaint himself practically 
 and familiarly with the duties devolving upon him, and secure to each one 
 of the eleven thousand districts of our State, a faithful and efficient teacher. 
 
 At the head of the whole system controlling, regulating, and giving life 
 and efficiency to all its parts is the state Superintendent. He apportions 
 the state tax of $800,000, and the public money among the several 
 counties and towns, distributes the laws, instructions, decisions, forms 
 fec., through the agency of the town Superintendents to the several districts 
 has final jurisdiction on appeal, from all the acts and proceedings of the 
 inhabitants of the several districts and their officers, as well as of Town 
 Superintendents, keeps up a constant correspondence with the several officers 
 connected with the administration of the system in all its parts, as well 
 as with the inhabitants of districts seeking aid, counsel or advice; 
 exercises a liberal discretionary power, on equitable principles, in all cases 
 of inadvertent, unintentional, or accidental omissions to comply with the 
 strict requisitions of the law ; grants state certificates of qualification to 
 
such teachers as he deems worthy : reports annually to the legislature 
 respecting the condition, prospects and resources of the Common Schools, 
 and the management of the School fund, together with such suggestions for 
 the improvement of the system as may occur to him ; and vigilantly watches 
 over, encourages, sustains, and expands to its utmost practicable limit, the 
 vast system of common school education throughout the state. 
 
 Such is a condensed view of our present system of COMMON SCHOOL 
 EDUCATION ; a system elaborated and matured to its present state, by the 
 exertions of the highest minds among us, during a period of forty years ; a 
 system comprehending the best and dearest interests present and prospect 
 ive of an enlightened and free people full of promise for the future, and 
 containing within itself, the germs of the most extended individual, 
 social and national prosperity ; a system identified with the highest hopes 
 and interests of all classes of the community, and from which are destined 
 to flow those streams of intelligence and of public and private virtue 
 which alone can enable us worthily to fulfil the noble destinies involved in 
 our free institutions. 
 
 But in this country, no systems, however perfect, no enactments, however 
 enlightened, and no authority, however constituted, can attain, to the full 
 accomplishment of their object, however praiseworthy and laudable, without 
 the hearty and efficient co-operation of public sentiment. Aided by this 
 co-operation, the most important results may be anticipated from the most 
 simple organization. The repeated and solemn recognition by the represen 
 tatives of the people, of the interests of popular education and public 
 instruction ; the nearly unanimous adoption of a system, commended to the 
 public favor as well by practical experience, as by the concurring testimony 
 of the most enlightened minds of our own and other countries ; and the 
 simplification of much of the complicated machinery which served only to 
 encumber and impede the operation of that system ; these indications afford 
 the most conclusive evidence not only of the importance which the 
 great mass of our fellow citizens attach to the promotion of sound intellectual 
 and moral instruction, but of their determination to place our common 
 schools, where this instruction is chiefly dispensed to the children of the 
 state, upon a footing which shall enable them most effectually to accomplish 
 the great objects of their institution. 
 
 It is upon the extent and permanency of this feeling, that the friends of 
 education rely ; and this spirit to which they appeal, in looking forward to 
 the just appreciation and judicious improvement of those means of moral and 
 mental enlightenment which the beneficent policy of the state has placed at 
 the disposal of the inhabitants of the several districts. The renovation of 
 our common schools, distributed as they are, over every section of our 
 entire territory, their elevation and expansion to meet the constantly 
 increasing requirements of science and mental progress, and their capability 
 of laying broad and deep the foundations of character and usefulness, must 
 depend upon the intelligent and fostering culture which they shall receive 
 at the hands of those to whose immediate charge they are committed. 
 There is no institution within the range of civilization, upon which so much, 
 for good or for evil depends upon which hang so many and such important 
 issues to the future well being of individuals and communities, as the 
 common district school. It is through that alembic that the lessons of the 
 nursery and the family fire-side, the earliest instructions in pure morality, 
 and the precepts and examples of the social circle are distilled ; and from 
 it those lessons are destined to assume that tinge and hue which are perma 
 nently to be incorporated into the character and the life. Is it too much 
 then, to ask or to expect of parents, that laying aside all minor considera 
 tions, abandoning all controversies and dissentions among themselves in 
 reference to local, partisan and purely selfish objects, or postponing them at 
 least, until the interests of their children are placed beyond the influence of 
 these irritating topics, they will consecrate their undivided energies to the 
 advancement and improvement of these beneficent institutions. Resting as 
 
90 
 
 it does upon their support, indebted to them for all its means of usefulness, 
 and dependent for its continued existence upon their discriminating favor 
 and efficient sanction, the practical superiority of the existing system of 
 public instruction, its comprehensiveness and simplicity its abundant and 
 unfailing resources and its adaptation to the educational wants of every 
 class of community, will prove of little avail without the invigorating 
 influences of a sound and enlightened public sentiment, emanating from, 
 and pervading the entire social system. The district school must become 
 the central interest of the citizen and the parent, the clergyman, the lawyer, 
 the physician, the merchant, the manufacturer and the agriculturist. Each 
 must realise that there, under more or less favoring auspices, as they them 
 selves shall determine, developments are in progress which are destined, at 
 no distant day to exert a controlling influence over the institutions, habits, 
 modes of thought and action of society in all its complicated phases ; and 
 that the primary responsibility for the results which may be thus worked 
 out, for good or for evil, rests with them. By the removal of every obstacle 
 to the progressive and harmonious action of the system of popular education, 
 so carefully organized and amply endowed by the state, by a constant, and 
 methodical and intelligent co-operation with its authorized agents, in the 
 elevation and advancement of that system in all its parts, and especially by 
 an infusion into its entire course of discipline and instruction of that high 
 moral culture which can alone adequately realize the idea of sound educa 
 tion, results of inconceivable magnitude and importance to individual, social, 
 and moral well being may confidently be anticipated. These results can only 
 be attained by an enlightened appreciation and judicious cultivation of the 
 means of elementary instruction. They demand and will amply repay the 
 consecration of the highest intellectual and moral energies, the most compre 
 hensive benevolence, and the best affections of our common nature. 
 
91 
 
 COMPARATIVE STATEMENT 
 
 Of the condition of the Common Schools, from 1815, the period 
 of the first Statistical Report, to 1850. 
 
 9 
 
 31 
 
 I? 
 
 P 
 
 .9 
 
 ! 
 
 
 
 1 
 
 1 
 
 | 
 
 +3 ^ 
 
 OP 
 
 5 
 
 ^ *p OQ 
 
 ^ 
 
 2 
 
 ^ 
 
 1 
 
 I i 
 
 -i 2 
 
 s*> . 
 
 i~s 
 
 "S O ^ 
 
 3 
 
 fek^j 
 
 IM 
 
 
 2*2 
 
 I i 
 
 fl 
 
 g^| 
 
 l| 
 
 | | 
 
 ^ 
 
 1 
 
 ^ a 1 
 
 S | 
 
 gj 
 
 2^.9 
 
 ^H 
 
 -. o 
 
 3"i 
 
 1 
 
 <4H 
 
 f-J| 
 
 O -^ 
 
 *"* ^H 
 
 1| 
 
 i 11 
 
 || 
 
 fl 
 
 ** 
 
 O 
 
 
 
 
 
 
 
 
 1 
 
 S S ^ 
 
 II 
 
 o 
 6 
 
 O O "55 
 
 F^ OP 
 
 rf . K 
 
 | 
 
 | 
 
 o * 
 
 s 
 
 n 
 
 ^ 
 
 ^ ^ 
 
 
 
 CQ 
 
 ^ 
 
 -< 
 
 May I 1815 
 
 2 755 
 
 2,631 
 
 140,106 
 
 176,449 
 
 $48,376 
 
 $55,720 98 
 
 > o . 
 
 l816 
 
 3,713 
 
 2,873 
 
 170,385 
 
 198,440 
 
 46,398 
 
 64,834 88 
 
 
 " 1817 
 
 3,264 
 
 3,228 
 
 183,253 
 
 218,969 
 
 54,799 
 
 73,235 42 
 
 
 " 1818 
 
 4,614 
 
 3,844 
 
 9.1 31 fi 
 
 235,871 
 
 59,933 
 
 93,010 54 
 
 
 " 1819 
 
 5,763 
 
 5118 >: > n R* 1 * 1 
 
 302,703 
 
 59^968 
 
 117,151 07 
 
 
 Jan. 1 1820 
 
 6,332 
 
 5,489 
 
 304,559 
 
 317,633 
 
 59,930 
 
 14.fi 4-1 8 08 
 
 
 " 1821 
 
 6,659 
 
 5,882 
 
 339 979 
 
 339,258 
 
 79, 957 157.195 04 
 
 
 1822 
 
 7^051 
 
 6, 255 2^1 T7S 
 
 357,029 
 
 80,104 
 
 173,420 60 
 
 
 1823 
 
 7,382 
 
 6*705 
 
 377,034 
 
 373,208 
 
 80^000 
 
 180,820 25 
 
 
 " 1824 
 
 7,642 
 
 6,876 
 
 402,940 
 
 383,500 
 
 80,000 
 
 182,741 61 
 
 
 " 1825 
 
 7,773 
 
 7,117 
 
 425,566 
 
 395,586 
 
 80,000 
 
 182,790 09 
 
 
 < 1826 
 
 s l!4 
 
 7,550 
 
 431,601 
 
 411,256 
 
 80,000 
 
 185,720 46 
 
 
 1827 
 
 8,298 
 
 7,806 
 
 441,856 
 
 419,216 
 
 80,000 
 
 222,995 77 
 
 Vf*& 
 
 " 1828 
 
 8 609 
 
 s l64 
 
 468,205 
 
 449,113 
 
 100,000 
 
 939 34.3 9.1 
 
 
 1829 
 
 8^872 
 
 8,292 
 
 480^041 
 
 468 ,257 
 
 lOo oOO 214^840 14 
 
 $297,048 44 
 
 1830 
 
 9,063 
 
 8,631 
 
 499,424 
 
 497,503 
 
 100,000 
 
 238,640 36 
 
 346,807 20 
 
 1831 
 
 9,339 
 
 8,841 
 
 507,105 
 
 509,967 
 
 100,000 
 
 244,998 85 
 
 374,001 54 
 
 1832 
 
 9,600 
 
 8,941 
 
 494,595 
 
 508,878 
 
 100,000 
 
 305,582 78 
 
 358,320 17 
 
 " 1833 
 
 9,690 
 
 9,107 
 
 512,475 
 
 522,618 
 
 100.080 
 
 307,733 08 
 
 369,696 36 
 
 1834 
 
 9,865 
 
 9,392 
 
 531,240 
 
 534,002 
 
 100,080 
 
 316,153 93 
 
 398,137 04 
 
 1835 
 
 10,132 
 
 9,676 
 
 541,401 
 
 540,285 
 
 100,080 
 
 312,181 20 
 
 419,878 69 
 
 1836 
 
 10,207 
 
 9,696 
 
 532,167 
 
 538,398 
 
 100,000 
 
 313,376 91 
 
 425,560 86 
 
 1837 
 1838 
 
 10,345 
 10,583 
 
 9,718|224,188 536,882 
 9,830 528,9131539,747 
 
 100,000 
 110,000 
 
 335,895 10 
 335,882 92 
 
 436,346 46 
 477,848 27 
 
 1839 
 
 10,706 
 
 10,127 
 
 557,229 
 
 564,790 
 
 113,793 
 
 374,411 61 
 
 521,477 49 
 
 1840 
 
 10,769 
 
 10,397 
 
 572,995 
 
 592,564 
 
 *275,000 
 
 633,685 94 
 
 476,443 27 
 
 1841 
 
 10,886 
 
 10,588 
 
 603,583 
 
 583,347 
 
 *275,000 
 
 658,954 70 
 
 483,479 54 
 
 1842 
 
 10,893 
 
 10,645 598,749 
 
 601,765 
 
 *285,000 
 
 676,086 07 
 
 468,688 22 
 
 1843 
 
 10,875 
 
 10,656 667,782 
 
 677,995 
 
 *275,000 
 
 660,727 41 
 
 509,376 97 
 
 1844 
 
 10,990 
 
 10,357 
 
 709,156 
 
 696,548 
 
 275,000 
 
 639,606 60 
 
 447,565 97 
 
 1845 
 
 11,018 
 
 10,812 
 
 736,045 
 
 690,914 
 
 275,000 
 
 725,066 19 
 
 458,127 78 
 
 1846 
 
 11,008 
 
 10,796 
 
 742,423 
 
 703,399 
 
 275,000 
 
 772,578 02 
 
 460,764 78 
 
 1847 
 
 11,052 
 
 10,859 
 
 748,387 
 
 700,443 
 
 275,000 
 
 829,802 83 
 
 462,840 44 
 
 1848 
 
 10,621 10,494 
 
 475,723 
 
 718,123 
 
 275,826 
 
 858,594 84 
 
 466,674 44 
 
 " 1849 
 
 11,191 
 
 10,928 
 
 778,309 
 
 739,655 
 
 284,902 
 
 846,710 45 
 
 489,696 63 
 
 1850 
 
 11,397 
 
 11,173 
 
 794,506 
 
 735,188 
 
 285,000 
 
 767,389 20 
 
 508,724 56 
 
 *Including revenue from United States Deposit Fund. 
 
92 
 
 AN" ACT TO ESTABLISH FREE SCHOOLS THROUGHOUT 
 THE STATE. 
 
 Passed April 12, 1851. 
 
 The People of the State of New York, represented in Senate and Assembly, 
 <do enact as follows : 
 
 1. Common schools in the several school districts in this State shall be 
 free to all persons residing in the district, over five and under twenty-one 
 years of age, as hereinafter provided. Persons not resident of a district 
 may be admitted into the schools kept therein, with the approbation, in wri 
 ting, of the trustees thereof, or a majority of them. 
 
 2. There shall hereafter be raised by tax, in each and every year, upon 
 the real and personal estate within this state, the sum of eight hundred thou 
 sand dollars, which shall be levied, assessed and collected in the mode pre 
 scribed by chapter thirteen, part first of the revised statutes, relating to the 
 assessment and collection of taxes, and when collected shall be paid over to 
 the respective county treasurers, subject to the order of the state superinten 
 dent of common schools. 
 
 S. The state superintendent of common schools shall ascertain the por 
 tion of said sum of eight hundred thousand dollars to be assessed and collect 
 ed in each of the several counties of this state, by dividing the said sum 
 among the several counties, according to the valuation of real and personal 
 estate therein, as it shall appear by the assessment of the year next prece 
 ding the one in which said sum is to be raised, and shaU certify to the clerk 
 of each county, before the tenth day of July in each year, the amount to be 
 raised by tax in such county ; and it shall be the duty of the several county 
 clerks of this state to deliver to the board of supervisors of their respective 
 counties, a copy of such certificate, on the first day of their annual session, 
 and the board of supervisors of each county shall assess such amount upon 
 the real and personal estate of such county, in the manner provided by law 
 for the assessment and collection of taxes. 
 
 4. The state superintendent of common schools shall, on or before the 
 first day of January in every year, apportion and divide, or cause to be ap 
 portioned and divided, one third of the sum so raised by general tax, and one 
 third of all other moneys appropriated to the support of common schools, 
 among the several school districts, parts of districts, and separate neighbor 
 hoods in this state, from which reports shall have been received in accordance 
 with law in the following manner, viz : to each separate neighborhood be 
 longing to a school district in some adjoining state, there shall be apportioned 
 and paid a sum of money equal to thirty-three cents for each child in such 
 neighborhood (between the ages of four and twenty -one) ; but the sum so to 
 be apportioned and paid to any such neighborhood, shall in no case exceed 
 the sum of twenty-four dollars, and the remainder of such one-third shall be 
 apportioned and divided equally among the several districts ; and the state 
 superintendent of common schools shall, by proper regulations and instruc 
 tions to be prescribed by him, provide for the payment of such moneys to the 
 trustees of such separate neighborhoods and school districts. 
 
 5. It shall be the duty of the state superintendent of common schools, 
 on or before the first day of January in every year, to apportion and divide 
 the remaining two-thirds of the said amount of eight hundred thousand dol 
 lars, together with the remaining two-thirds of all other moneys appropriated 
 by the state for the support of common schools among the several counties, 
 cities and towns of the state, in the mode now prescribed by law for the 
 division and apportionment of the income of the common school fund ; and 
 the share of the several towns and wards so apportioned and divided shall 
 be paid over on and after the first Tuesday in February, in each year, to the 
 several town superintendents of common schools, and ward or city officers, 
 entitled by law to receive the same, and shall be apportioned by them among 
 the several school districts and parts of districts in their several towns and 
 wards, according to the number of children between the ages of four and 
 
93 
 
 twenty-one years, residing in said districts and parts of districts, as the same 
 shall have appeared from the last annual report of the trustees : but no mon 
 eys shall be apportioned and paid to any district or part of a district, unless 
 it shall appear from the last annual report of the trustees, that a school has 
 been kept therein for at least six months during the year ending with the 
 date of such report, by a duly qualified teacher, unless by special permission 
 of the state superintendent of common schools ; excepting, also, that the first 
 apportionment of money under this act shall be made to all school districts 
 which were entitled to an apportionment of public money in the year eighteen 
 hundred and forty-nine. 
 
 6. Any balance required to be raised in any school district for the payment 
 of teachers wages, beyond the amount apportioned to such district by the 
 previous provisions of this act, and other public moneys belonging to the dis 
 trict applicable to the payment of teachers wages, shall be raised by rate-bill, 
 to be made out by the trustees against those sending to school, in proportion 
 to the number of days and of children sent, to be ascertained by the teach 
 er s list ; and in making out such rate-bill, it shall be the duty of the trustees 
 to exempt, either wholly or in part, as they may deem expedient, such indi 
 gent inhabitants as may in their judgment be entitled to such exemption ; 
 and the amount of such exemption shall be added to the first tax list there 
 after to be made out by the trustees for district purposes, or shall be sepa 
 rately levied by them, as they shall deem most expedient 
 
 7. The same property which is exempt by section twenty-two, of article 
 two, title five, chapter six, part three of the revised statutes, from levy and 
 sale under execution, shall be exempt from levy and sale under any warrant 
 to collect any rate-bill for wages of teachers of common schools. 
 
 8. Nothing in this act shall be so construed as to repeal or alter the 
 provisions of any special act relating to schools in any of the incorpora 
 ted cities or villages of this state, except so far as they are inconsistent 
 with the provisions contained in the first, second, third and fourth sections of 
 this act. 
 
 9. Chapter one hundred and forty of the session laws of one thousand 
 eight hundred and forty-nine, entitled " An act establishing free schools 
 throughout the state," and chapter four hundred and four of the session laws 
 of one thousand eight hundred and forty-nine, entitled " An act to amend an 
 act establishing free schools throughout the state," and sections sixteen, seven 
 teen and eighteen of the revised statutes relating to common schools, requir 
 ing the several boards of supervisors to raise by tax, on each of the towns of 
 their respective counties, a sum equal to the school moneys apportioned to such 
 towns, and providing for its collection and payment, and all other pro 
 visions of law incompatible with the provisions of this act are hereby re 
 pealed. 
 
 10. The state superintendent of common schools shall cause to be pre 
 pared, published and distributed among the several school districts and school 
 officers of the state, a copy of the several acts now in force relating to com 
 mon schools, with such instructions, digest and expositions as he may deem 
 expedient ; and the expense incurred by him therefor shall be audited by the 
 comptroller and paid by the treasurer. 
 
 11. All the moneys received or appropriated by the provisions of this 
 act shall be applied to the payment of teachers wages exclusively. 
 
 12. It shall be the duty of the trustees of the several school districts in 
 this state, to make out and transmit to the town superintendent of the town 
 in which their respective school houses shall be located, on or before the first 
 day of September next, a correct statement of the whole number of children 
 residing in their district on the first day of August preceding the date of such 
 report, between the ages of four and twenty-one ; and such town superintend 
 ent shall embody such statement in a tabular form, and transmit the same to 
 the county clerk in sufficient season to enable the latter to incorporate the in 
 formation thus obtained in the annual report required by him to be made to the 
 state superintendent of common schools for the present year. 
 
94 
 
 13. It shall also be the duty of the trustees of the several school dis 
 tricts, in their annual reports thereafter to be made, to specify the number of 
 children, between the aforesaid ages, residing in their respective districts on 
 the last day of December in each year, instead of the number of such chil 
 dren between the ages of five and sixteen. 
 
 14. This act shall take effect on the first day of May next; but nothing 
 herein contained shall be so construed as to affect provisions already made in 
 the several school districts for the support of schools therein under existing 
 laws for the current year. 
 
PART II. 
 
 STATUTES 
 
 RELATING TO 
 
 COMMON SCHOOLS, 
 
 INCLUDING 
 
 
 
 TITLE II. CHAPTER XV, PART I. REVISED STATUTES. 
 
 [Pursuant to the directions of the 10th section of the act of 
 chap. 151 of the laws of 1851, there are inserted in this publica 
 tion of the second title of chapter 15, all acts and parts of acts con 
 nected with the subjects of the said title, which are now in force ; 
 and where the provisions of that title have been altered by subse 
 quent acts, such provisions have been varied in order to conform 
 them to such alteration. 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 session law passed since 1828. 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 designate it 
 more distinctly from the sections of the Revised Statutes, which are 
 printed with the section mark only. 
 
 To facilitate references to them, the sections in this edition are 
 also numbered continuously from the first to the last, without re 
 gard to the statutes from which they are taken. The index at the 
 end refers to these numbers.] 
 
 TITLE II. 
 
 OF COMMON SCHOOLS. 
 
 ART. 1. Of the powers and duties of the superintendent of com 
 mon schools, and of the apportionment of school 
 moneys. 
 
 ART. 2. Of the distribution of the common school fund. 
 
96 
 
 ART. 3. Of the powers and duties of town superintendents of com 
 mon schools. 
 
 ART. 4. Of inspection and supervision by town superintend 
 ents. 
 
 ART. 5. Of the formation and alteration of school districts; the 
 powers of school district inhabitants ; of the choice, 
 duties and powers of school district officers ; the as 
 sessment and collection of school district taxes ; the an 
 nual reports of trustees ; school district libraries. 
 
 ART. 6. Of certain duties of the county clerk. 
 
 ART. 7. Miscellaneous provisions. 
 
 ARTICLE FIRST. 
 
 Of the Powers and Duties of the Superintendent of Common 
 Schools, and of the Apportionment of School Moneys. 
 
 No. 1 1.* There shall continue to be a superintendent of 
 common schools, whose duty, among other things, it shall be, to 
 prepare and submit an annual report to the legislature contain 
 ing, 
 
 1. A statement of the condition of the common schools of the 
 state : 
 
 2. Estimates and accounts of expenditures of the school moneys : 
 
 3. Plans for the improvement and management of the common 
 school fund, and for the better organization of the common schools ; 
 and, 
 
 4. All such matters relating to his office, and to the common 
 schools, as he shall deem expedient to communicate. 
 
 No. 2 [ 41.] The superintendent of common schools may 
 designate and appoint any one of the clerks employed by him to 
 be his general deputy, who may perform all the duties of the 
 superintendent in case of his absence or a vacancy in his office. 1 
 
 No. 3 [ 8.] The superintendent of common schools riTay 
 appoint such and so many persons as he shall from time to time 
 deem necessary, to visit and examine into the condition of the 
 common schools in the county where such persons may reside, 
 and report to the superintendent on all such matters relating to 
 the condition of such schools, and the means of improving them, 
 as he shall prescribe ; but no allowance or compensation shall be 
 made to the said visitors for such services. 2 
 
 No. 4 [ 10.] The superintendent of common schools, on 
 such evidence as may be satisfactory to him, may grant certificates 
 of qualification under his hand and seal of office, which shall be 
 evidence that the holder of such certificate is well qualified in res 
 pect to moral character, learning and ability, to teach any district 
 school within this state ; which certificate shall be valid until duly 
 revoked by the superintendent. 3 
 
 (1.) Laws of 1841, chap. 260, 41. (2.) Laws of 1839, chap. 330, 8. (3.) 
 Laws of 1843, chap. 133, 10. 
 
97 
 
 J\TO. 5 [g 7.] Copies of papers deposited or filed in the office 
 of the superintendent of common schools, and all acts and decisions 
 by him, may be authenticated under the seal of the office of secre 
 tary of state, and when so authenticated shall be evidence equally, 
 and in like manner as the originals. 4 
 
 2^o. 6 [2 & 3.] The superintendent shall apportion the school 
 moneys to be annually distributed amongst the several counties 
 of the state, and the share of each county, amongst its respective 
 towns and cities. Such apportionment shall be made among 
 the several towns and cities of the state, according to the ratio of 
 their population respectively, as compared with the population of 
 the whole state, according to the last preceding census. 
 
 No, 7 [ 6.] When the census or returns, upon which an 
 apportionment is to be made, shall be so far defective, in respect 
 to any county, city or town, as to render it impracticable for the 
 superintendent to ascertain the share of school moneys, which 
 ought then to be apportioned to such county, city or town, he shall 
 ascertain, by the best evidence in his power, the facts upon which 
 the ratio of such apportionment shall depend, and shall make the 
 apportionment accordingly. 
 
 No. 8 [ 2.] There shall hereafter be raised by tax, in each 
 and every year, upon the real and personal estate within this state, 
 the sum of eight hundred thousand dollars, which shall be levied, 
 assessed and collected in the mode prescribed by chapter thirteen, 
 part first, of the revised statutes, relating to the assessment and col 
 lection of taxes, and when collected shall be paid over to the re 
 spective county treasurers, subject to the order of the state super 
 intendent of common schools. 
 
 No. 9 [ 3.] The state superintendent of common schools 
 shall ascertain the portion of said sum of eight hundred thousand 
 dollars fo be assessed and collected in each of the several counties 
 of this state, by dividing the said sum among the several counties, 
 according to the valuation of real and personal estate therein, as it 
 shall appear by the assessment of the year next preceding the one 
 in which said sum is to be raised, and shall certify to the clerk of 
 each county, before the tenth day of July in each year, the amount 
 to be raised by tax in such county ; and it shall be the duty of the 
 several county clerks of this state to deliver to the board of super 
 visors of their respective counties, a copy of such certificate, on the 
 first day of their annual session ? and the board of supervisors of 
 each county shall assess such amount upon the real and personal 
 estate of such county, in the manner provided by law for the assess 
 ment and collection of taxes. l 
 
 No. 10 [ 4.] The State superintendent of common schools 
 shall, on or before the first day of January in every year, appor 
 tion and divide, or cause to be apportioned and divided, one third 
 of the sum so raised by general tax, and one third of all other 
 
 (4.) Laws of 1839, chap. 330, 7. (1.) Laws of 1851, chap. 151, 1,2. 
 
 7 
 
monies appropriated to the support of common schools, among the 
 the several school districts, parts of districts and separate neigh 
 borhoods in this state, from which reports shall have been received 
 in accordance with law, in the following manner, viz : to each 
 separate neighborhood, belonging to a school district, in some ad 
 joining state, there shall be apportioned and paid a sum of money 
 equal to thirty three cents for each child in such neighborhood, 
 between the ages of four and twenty-one ; but the sum so to be 
 apportioned and paid to any such neighborhood shall in no case 
 exceed the sum of twenty-four dollars, arid the remainder of such 
 one-third shall be apportioned and divided equally among the 
 several districts ; and the state superintendent of common schools 
 shall by proper regulations and instructions to be prescribed by 
 him, provide for the payment of such monies to the trustees of 
 such separate neighborhoods and school districts. ! 
 
 No. 11 [ 5.] It shall be the duty of the state superintendent 
 of common schools, on or before the first day of January in every 
 year, to apportion and divide the remaining two thirds of the said 
 amount of eight hundred thousand dollars, together with the re 
 maining two-thirds of all other moneys appropriated by the state 
 for the support of common schools, among the several counties, 
 cities and towns of the state, in the mode now prescribed by law 
 for the division and apportionment of the income of the common 
 school funds ; and the share of the several towns and wards so ap 
 portioned and divided, shall be paid over on and after the first 
 Tuesday of February in each year, to the several town superin 
 tendents of common schools, and ward or city officers, entitled 
 by law to receive the same, and shall be apportioned by them 
 among the several school districts and parts of districts in their 
 several towns and wards, according to the number of children be 
 tween the ages of four and twenty-one years, residing in said 
 districts and parts of districts, as the same shall have appeared 
 from the last annual report of the trustees ; but no monies shall be 
 apportioned and paid to any district or part of a district, unless it 
 shall appear from the last annual reports of the trustees that a 
 school has been kept therein for at least six months during the 
 year ending with the date of such report, by a duly qualified teach 
 er, unless by special permission of the state superintendent of com 
 mon schools ; excepting also that the first apportionment of money 
 under this act shall be made to all school districts which were 
 entitled to an apportionment of public money, in the year eighteen 
 hundred and forty-nine. l 
 
 No 12 [H.] All the monies received or appropriated by 
 the provisions of this act shall be applied to the payment of teach 
 ers wages exclusively. 2 
 
 No. 13 [7.] Whenever, in consequence of the division of a 
 town, or the erection of a new town, in any county, the apportion- 
 
 (1) Laws of 1851, chap. 151, 3, 4. (2.) Laws of 1851, chap. 151, 11. 
 
99 
 
 merit then in force shall become unjust, as between two or more 
 of the towns of such county, the superintendent shall make a new 
 apportionment of the school moneys next to be distributed amotogsfc 
 such towns, ascertaining by the best evidence in his power, the 
 facts upon which the ratio of apportionment as to such towns, shall 
 depend. 
 
 No. 14 [8.] The superintendent shall certify each apportion 
 ment made by him, to the comptroller, and shall give immediate 
 notice thereof, to the clerk of each county interested therein, and 
 to the clerk of the city and county of New York; stating the 
 amount of moneys apportioned to his county, and to each town and 
 city therein, and the time when the same will be payable to the 
 treasurer of such county, or to the chamberlain of the city of New 
 York. 
 
 No. 15 [3.] It shall be the duty of the clerk of the board of 
 supervisors in each county in this state, on the last day of Decem 
 ber in each year, to transmit to the superintendent of common 
 schools certified copies of all resolutions and proceedings of the 
 board of supervisors, of which he is clerk, passed or had during the 
 preceding year, relating to the raising of any money for school 
 or library purposes, and in case it shall not appear that the amount 
 required by law to be raised for school and library purposes has 
 been directed to be raised during the year by the board of super 
 visors of any county, the superintendent- of common schools and the 
 comptroller may direct that the money appropriated by the state 
 and apportioned to such county, be withheld until the amount that 
 may be deficient shall be raised, or that so much only of the money 
 apportioned to such county be paid to the treasurer thereof, as 
 shall be equal to the amount directed to be raised therein by the 
 supervisors of such county ; and in such case the balance so with 
 held shall be added to the principal of the common school fund. 
 
 No. 16 [s}9-] The superintendent shall prepare suitable forms 
 and regulations tor making all reports, and conducting all necessary 
 proceedings under this Title, and shall cause the same, with such 
 instructions as he shall deem necessary and proper, for the better 
 organizations and government of common schools, to be transmitted 
 to the officers required to execute the provisions of this Title 
 throughout the state. 
 
 No. 17 [10.] He shall cause so many copies of the first six 
 Articles of this Title, with the forms, regulations and instructions 
 prepared by him, thereto annexed, to be, from time to time, printed 
 and distributed amongst the several school districts of the state, as 
 he shall deem the public good to require. 
 
 No. 18 [!!] All moneys reasonably expended by him, in 
 the execution of his duties, shall upon due proof, be allowed to him 
 by the comptroller, and be paid out of the treasury. 
 
 No. 19 [413.] Whenever any money is paid into the treasury 
 of the State for or on account of the common school fund, it shall 
 be the duty of the comptroller to credit the common school fund 
 
100 
 
 with interest on the sum so paid in, at the rate of six per cent per 
 annum, for the time the same shall remain in the Treasury. 1 
 
 ARTICLE SECOND. 
 
 Of the distribution of the Common School Fund. 
 
 No. 20 [12.] The sum annually to be distributed for the en 
 couragement of common schools, shall be paid on the first day of 
 February, in every year, on the warrant of the comptroller, to the 
 treasurers of the several counties, and the chamberlain of the city 
 of New York. 
 
 No. 21 [13.] The treasurer of each county, and the chamber 
 lain of the city of New York, shall apply for and receive the school 
 moneys apportioned to their respective counties, as soon as the same 
 become payable. 
 
 No. 22 [14.] Each treasurer receiving such moneys, shall 
 give notice in writing, to the town superintendent or to some one 
 or more of the commissioners of common schools of each town or 
 city in his county, of the amount apportioned to such town or city, 
 and shall hold the same subject to the order of such town superin 
 tendent or commissioners. 
 
 No. 23 [15.] In case the commissioners or town superinten 
 dent of any such city or town shall not apply for and receive such 
 moneys, or in case there are no commissioners or town superin 
 tendent appointed in the same, before the next receipt of moneys 
 apportioned to the county, the moneys so remaining with the treas 
 urer shall be retained by him, and be added to the moneys next 
 received by him, for distribution from the superintendent of com 
 mon schools, and be distributed therewith, and in the same propor 
 tion. 
 
 No. 24 [16.] Whenever the clerk of any county shall receive 
 from the superintendent of common schools notice of the apportion 
 ment of moneys to be distributed in the county, he shall file the 
 same in his office, and transmit a certified copy thereof to the county 
 treasurer, and to the clerk of the board of supervisors of the county ; 
 and the clerk of the board of supervisors shall lay such copy before 
 the supervisors at their next meeting. 
 
 Of the Election and Powers of Town Superintendents. 
 
 No. 25 [L] There shall continue to be elected in each of the 
 towns in this State, at the same time, and in the manner now pro 
 vided by law for the election of other town officers, an officer to be 
 denominated " town superintendent of common schools," who shall 
 possess all the powers, perform all the duties, and be subject to all 
 the restrictions, liabilities arid penalties conferred and imposed by 
 this act. 2 
 
 (1) Laws of 1849, chap. 382, 13. 
 
 (2) This and the following sections, except where altered by subsequent en 
 actments, were taken from the act chapter 480 of Laws of 1847. 
 
101 
 
 No. 26 [3.] The town superintendents of common schools 
 hereafter to be elected in conformity with the provisions of this 
 act, shall, each of them, on or before the first Monday of Novem 
 ber succeeding such election, execute to the supervisor of his town 
 and file with the town clerk, a bond with one or more sufficient 
 sureties to be approved by the said supervisor by endorsement over 
 his signature on said bond, with a penalty in double the amount of 
 all the school moneys received by his town from all sources during 
 the preceding year and conditioned for the faithful application and 
 legal disbursement of all the school money coming into his hands 
 during his term of office, and for the faithful discharge of all the 
 duties of said office ; and in case such bond shall not be executed, 
 filed and approved within the time herein prescribed, the office of 
 such town superintendent shall be deemed vacant ; and any such 
 or any other vacancy that may occur in said office, shall be filled 
 by any three justices of the peace of the same town by a warrant 
 under their hands and seals, who are hereby authorized to make 
 such appointments ; and the persons so appointed shall hold their 
 respective offices until others are elected or appointed in their 
 places, and shall have the same powers and be subject to the same 
 duties and penalties as if they had been duly chosen by the elec 
 tors. 
 
 No. 27 [4.] The justices making the said appointment shall 
 forthwith cause the said warrant to be filed in the office of the 
 town clerk of the town, and give immediate notice to the person 
 appointed. 
 
 No. 28 [5-] Every town superintendent elected after this act 
 takes effect shall on executing the bond as before provided, enter 
 upon the duties of his said office on the first Monday of November 
 succeeding his election, and shall hold his office for two years there 
 after, and until a successor who shall have been duly elected, shall 
 have taken the oath of office and filed an official bond pursuant to 
 the provisions of this act. 
 
 No. 29 [14.] Any person appointed to the office of town su 
 perintendent by the justices of the peace, shall hold his office till 
 the first Monday of November following the next annual town 
 meeting, and whenever the office of town superintendent shall be 
 vacant for any cause, or before the time of the annual town meet 
 ing, shall be held by a person so appointed, the electors of the 
 town at such town meeting shall choose a town superintendent to 
 fill such vacancy or to supercede such appointee ; and the person 
 so elected shall enter upon the duties of the office on the first 
 Monday of November following his election, and shall hold his 
 office for the term of two years. 2 
 
 No. 30 [6.] No town superintendent of a town shall hold the 
 office of trustee of a school district, nor shall a person chosen a 
 
 (2) Laws of 1849, Chap. 382, 14. 
 
102 
 
 trustee, hold the office of district clerk, and no town superintend 
 ent shall hold the office of either supervisor or town clerk. 
 
 No. 31 [!] The office of trustees of the Gospel and school 
 lots in the several towns in this state, is hereby abolished ; and the 
 powers and duties now by law conferred and imposed upon said 
 trustees, shall hereafter be exercised by the town superintendent of 
 common schools. 
 
 ARTICLE THIRD. 
 
 rjoi.tffa:oo &* -a^v ^-ui.-o ,.iq aril 
 The powers and duties of the town superintendent of common 
 
 schools. 
 
 No. 33 8. It shall be the duty of the town superintendent 
 of common schools in each town, 
 
 1. To divide the town into a convenient number of school 
 districts, and to regulate and alter such districts as hereinafter pro 
 vided : 
 
 2. To set off by itself any neighborhood in the town adjoining 
 to any other state of this Union where it has been usual or shall 
 be found convenient for such neighborhood to send their children 
 to school in such adjoining state : 
 
 3. To describe and number the school districts, and to deliver 
 the description and numbers thereof, in writing, to the town clerk, 
 immediately alter the formation or alteration thereof: 
 
 4. To deliver to such town clerk a description of each neighbor 
 hood, adjoining to any other state, set off by itself: 
 
 5. To apply for and receive from the county treasurer all mon 
 eys apportioned for the use of common schools in his town : 
 
 6. To apportion the school moneys received on the first Tuesday 
 of April, in each year, among the several school districts, parts of 
 districts and neighborhoods separately set off, within the town, in 
 proportion to the number of children residing in each, over the age 
 of four and under that of twenty-one years, as the same shall have 
 appeared from the last annual report of their respective trus 
 tees. 
 
 7. If the town superintendent shall have received the school 
 moneys of the town, and all the reports from the several school 
 districts therein, before the first Tuesday of April, he shall appor 
 tion such moneys as above directed, within ten days after receiving 
 all of the said reports and the said moneys : 
 
 8. To sue for and collect, by his name of office, all penalties 
 and forfeitures imposed in this title, and in respect to which no 
 other provision is made, which shall be incurred by any officer or 
 inhabitant of his town, and after deducting his costs and expenses, 
 to add the sums recovered to the school moneys received by him, 
 to be apportioned and paid in the same manner. 
 
 No. 34 9. In making the apportionment of moneys among 
 
 (1) Laws of 1846, Chap. 86, 1. 
 
103 
 
 the, several school districts, no share shall be allotted to any district, 
 part of a district or separate neighborhood, from which no sufficient 
 annual report shail have been received for the year endfng on the 
 last clay of December immediately preceding the apportionment. 
 No. 35 [10] I n making the apportionment of public money, 
 it shall be duty of the town superintendent to designate the respec 
 tive proportions of teachers and library money belonging to each 
 district, and to pay over as much as is designated teachers money, 
 on the written order of a majority of the trustees of each district, 
 to the teachers entitled to receive the same. 
 
 No. 36- [H.] No moneys shall be apportioned and paid to 
 any district or part of a district, except by special permission of 
 the state superintendent of common schools, unless it shall appear 
 by such report that a school had been kept therein for at least six 
 months during the year ending at the date of such report, by a 
 qualified teacher ; that no other than a duly qualified teacher had 
 at any time during the year for more than one month been em 
 ployed to teach the school in said district ; and that all moneys re 
 ceived during that year have been applied to the payment of the 
 compensation of such teacher ; and no portion of the library money 
 shall be apportioned or paid to any district or part of a district, un 
 less it shall appear from the last annual report of the trustees that 
 the library money received at the last preceding apportionment 
 was duly expended according to law, on or before the first day of 
 October subsequent to such apportionment. 
 
 No. 37 [ 11.] Ev<3ry teacher shall be deemed a qualified 
 teacher who shall hold a certificate dated within one year from the 
 superintendent of common schools for the town in which such 
 teacher shall be employed, or who shall have in possession a state or 
 county certificate of qualification or a diploma from the state nor 
 mal school. 2 
 
 No. 38 [ 13.] No part of such moneys shall be apportioned 
 or paid to any separate neighborhood adjoining another state, un 
 less it shall appear from the report of its trustees that all moneys 
 received by them during the year ending at the date of such report 
 have been faithfully applied, in paying for the instruction of chil 
 dren residing in such neighborhood. 
 
 No. 39 [ 14.] Whenever an apportionment of the public 
 money shall not be made to any school district, in consequence of 
 any accidental omission to make any report required by law, or to 
 comply with any other provision of law, or any regulation, the state 
 superintendent may direct an apportionment to be made to su -<h 
 district, according to the equitable circumstances of the case, to be 
 paid out of the public money on hand ; or if the same shall have 
 been distributed, out of the public money to be received in a suc 
 ceeding year. 
 
 No. 40 [ 15.] If after the time when the annual reports 
 are required to be dated, and before the apportionment of the school 
 
 (1) Laws of 1851, chap. 151, 5. (2) Laws of 1849, chap. 382, 11. 
 
104 
 
 moneys shall have been made, a district shall be duly altered, or a 
 new district be formed in the town, so as to render an apportion 
 ment founded solely on the annual reports, unjust, as between two 
 or more districts of the town, the town superintendent shall make 
 an apportionment among such districts, according to the number of 
 children in each, over the age of four, and under twenty-one years, 
 ascertaining that number by the best evidence in his power. 
 
 No. 41 [ 16.] The provisions of the foregoing section shall 
 extend to all cases where a school district shall have been formed 
 at such time previous to the first day of January, as not to have al 
 lowed a reasonable time to have kept a school therein for the term 
 of six months, such district having been formed out of a district or 
 districts in which a school shall have been kept for six mouths by 
 a teacher duly qualified, during the year preceding the first day of 
 January. 
 
 No. 42 [ 17.] All moneys apportioned by the town super- 
 intendent, to the trustees of a district, part of a district, or separate 
 neighborhood, which shall have remained in the hands of the town 
 superintendent for one year after such apportionment, by reason of 
 the trustees neglecting or refusing to receive the same, shall be ad 
 ded to the moneys next thereafter to be apportioned by the town 
 superintendent, and shall be apportioned and paid therewith in the 
 same manner. 
 
 No. 43 [ 18.] In case any school moneys received by the 
 town superintendent cannot be apportioned by him, for the term of 
 two years, after the same are received, by reason of the non-com 
 pliance of all the school districts in his town with the provisions of 
 this title, such moneys shall be returned by him to the county treas 
 urer, to be by him apportioned and distributed, together and in the 
 same manner with the moneys next thereafter to be received by 
 him for the use of common schools. 
 
 No. 44 [ 19.] It shall be the duty of the town superintend 
 ent in each town, between the first day of July and the first day of 
 August in each year, to make and transmit to the county clerk a 
 report in writing, bearing date on the first day of July, in the year 
 of its transmission, and stating, 
 
 1. The whole number of school districts and neighborhoods sep 
 arately set off within the town : 
 
 2. The districts, parts of districts and neighborhoods from which 
 reports shall have been made to him, or his immediate predecessor 
 in office, within the time limited for that purpose : 
 
 3. The length of time a school shall have been kept in each of 
 such districts or parts of districts, distinguishing what portion of 
 that time the school shall have been kept by qualified teachers : 
 
 4. The amount of public moneys received in each of such dis 
 tricts, parts of districts and neighborhoods : 
 
 5. The number of children taught in each, and the number of 
 children over the age of four and under twenty-one years, residing 
 in each : 
 
105 
 
 6. The whole amount of moneys received by him, or his prede 
 cessor in office, during the year ending at the date of such report, 
 and since the date of the last preceding report ; distinguishing the 
 amount received from the county treasurer, and from any other 
 and what source : 
 
 7. The manner in which such moneys have been expended, and 
 whether any, and what part remains unexpended, and for what 
 cause : 
 
 8. The amount of money paid for teachers wages, in addition to 
 the public money paid therefor, the amount of taxes levied for pur 
 chasing school-house sites, for building, hiring, purchasing, repair 
 ing and insuring school-houses, for fuel and supplying deficiencies 
 in rate bills, for district libraries, or for any other purposes allowed 
 by law, in the districts, parts of districts and neighborhoods from 
 which reports shall have been received by him or his immediate 
 predecessor in office, with such other information as the state sup 
 erintendent may from time to time require, in relation to the dis 
 tricts and schools within his town. 
 
 No. 45 [ 20.] Town superintendents who neglect to furnish 
 the information required by the last preceding section, shall sever 
 ally forfeit to the town for the use of the commom schools therein, 
 the sum of ten dollars, to be sued for by the supervisor of the town. 
 
 No. 46 [ 21.] In case the town superintendent in any town 
 shall not, on or before the first day of August, in any year, make 
 such report to the clerk of the county, it shall be his duty to give 
 immediate notice of such neglect to the clerk of such town. 
 
 No. 47 [ 22.] The town superintendent neglecting to make 
 such report within the limited period, shall forfeit to the town, for 
 the use of the common schools therein, the sum of ten dollars ; and 
 the share of school moneys apportioned to such town for the ensu 
 ing year, may, in the discretion of the state superintendent be with 
 held, and be distributed among the other towns in the same county, 
 from which the necessary reports shall have been received. 
 
 JV0. 48 | 23.] When the share of school moneys apportion 
 ed to a town, shall thus be lost to the town, by the neglect of its 
 town superintendent, the town superintendent guilty of such neg 
 lect, and his sureties shall be liable for the full amount so lost with 
 interest. 
 
 No. 49 [ 24.] It shall be the duty of the supervisor of the 
 town, upon notice of such loss, from the state superintendent or 
 county treasurer, to prosecute without delay, in the name of the 
 town, for such forfeiture ; and the moneys recovered shall be dis 
 tributed and paid by such supervisor to the several districts, parts 
 of districts, or separate neighborhoods of the town, in the same 
 manner as it would have been the duty of the town superintendent 
 to have distributed and paid them, if received from the county 
 treasurer. 
 
 No. 50 [ 25.] The town superintendent in each town, shall 
 keep a just and true account of all school moneys received and 
 
KM; 
 
 expended by him during each year for which he shall have been 
 chosen, and shall lay the same before the board of auditors of town 
 accounts at the annual meeting of such board, in each year 
 
 No. 51 [ 26.] The town superintendent of common schools 
 in each town shall, within fifteen days after the termination of his 
 office, render to his successor in office, a just and true account, in 
 writing, of all school moneys by him received, before the time of 
 rendering such account, and of the manner in which the same shall 
 have been appropriated and expended by him ; and the account so 
 rendered shall be delivered by such successor in office to the town 
 clerk, to be filed and recorded in his office. 
 
 No. 52 [27.] On rendering such account, if any balance 
 shall be found remaining in the hands of the town superintendent, 
 the same shall immediately be paid by him to his successor in 
 office. 
 
 No. 53 [ 28.] If such balance, or any part thereof, shall 
 have been appropriated by the town superintendent to any parti 
 cular school district, part of a district or separate neighborhood, and 
 shall remain in his hands for the use thereof, a statement of such 
 appropriation shall be made in the account so to be rendered, and 
 the balance paid to such successor in office, shall be paid over by 
 him, according to such appropriation. 
 
 No. 54 [ 29 ] Such successor in office may bring a suit in 
 his name of office for the recovery, with interest, of any unpaid bal 
 ance of school moneys, that shall appear to have been in the hands 
 of any previous town superintendent on leaving his office, either by 
 the accounts rendered by such town superintendent, or by other 
 sufficient proof, and in case of the death of such town superintend 
 ent, such suit may be brought against his representatives. 
 
 No. 55 [ 30.] The town superintendent in each town, shall 
 have the powers and privileges of a corporation, so far as to ena 
 ble him to take and hold any property transferred to him, for the 
 use common schools in such town. 
 
 No 56 [ 10.] Town superintendents are hereby authorised 
 to administer oaths in all cases relating to school district affairs and 
 controversies, but shall not be entitled to charge any fees there 
 for. 1 
 
 No. 57 [ 31.] The town superintendent shall be entitled to 
 receive one dollar and twenty-five cents per day for every day 
 actually and necessarily devoted by him in his official capacity, to 
 the service of the town for which he may be chosen, the same to 
 be paid in like manner as other town officers are paid. 
 
 Of the duty of Town Clerks. 
 
 No. 58 [ 32.] It shall be the duty of the Town Clerk of 
 each town, 
 
 1. To receive and keep all reports made to the town superin 
 tendent from the trustees of school districts, and all the books anp 
 
 (1) Laws of 1849, chap. 382, 10. 
 
107 
 
 papers belonging to the town superintendent, when required, and 
 to rile them in his office : 
 
 2. To receive all his estimates and apportionments of school 
 money, and to record the same in a book to be kept for that pur 
 pose : 
 
 3. To notify the town superintendent, upon receiving notice 
 from the county clerk that he has not made his annual report, for 
 the purpose of making such report. 
 
 ARTICLE FOURTH. 
 
 Of Inspection and Supervision by Town Superintendents. 
 
 No. 59 [ 33.] The town superintendent in each town shall 
 be the inspector of common schools therein, and every town super 
 intendent, during his continuance in office, shall be deemed a qual 
 ified teacher. 1 
 
 No. 60 [ 34.] It shall be his duty to examine all persons 
 offering themselves as candidates for teaching common schools in 
 such town. 
 
 No. 61 35.] In making such examination, it shall be the 
 duty of the town superintendent to ascertain the qualification of the 
 candidate, in respect to moral character, learning and ability. 
 
 No. 62 [ 36 ] If he shall be satisfied in respect to the qual 
 ifications of the candidate, he shall deliver to the person so exam 
 ined, a certificate signed by him, in such form as shall be prescribed 
 by the state superintendent. 
 
 No. 63 [ 37.] The town superintendent may annul any 
 such certificate given by him or his predecessors in office, when he 
 shall think proper, giving at least ten days previous notice in wri 
 ting to the teacher holding it, and to the trustees of the district in 
 which he may be employed, of his intention to annul the same. 
 
 No. 64 [ 38.] The town superintendent, whenever he shall 
 deem it necessary, may require a re-examination of all or any of 
 the teachers in his town, for the purpose of ascertaining their qual 
 ifications to continue as such teachers. 
 
 No. 65 [ 39.] The annulling of a certificate shall not dis 
 qualify the teacher to whom it was given, until a note in writing 
 thereof, containing the name of the teacher, and the time when his 
 certificate was annulled, shall be made by the town superintendent, 
 and filed in the office of the town clerk. 
 
 No, 66 [ 40.] When any school district shall be composed 
 of parts of two or more towns, the town superintendent of the 
 town in which the school house of such district may be situated, 
 shall examine into and certify the qualifications of any teacher 
 offering to teach in such district, in the same manner as is provi 
 ded by the preceding sections of this article, and may also in the 
 same manner annul the certificate of such teacher ; and no school- 
 
 (1) Laws of 1849, chap. 382, 9. 
 
108 
 
 house shall be erected so as to stand on the division lines of any 
 two or more towns. 
 
 No. 67 [ 41.] It shall be the duty of the town superinten 
 dent to visit all such common schools, within his town, as shall be 
 organized according to law, at least twice a year, and oftener if he 
 shall deem it necessary. 
 
 No. 68 [ 42.] At such visitation, the town superintendent 
 shall examine into the state and condition of such schools, both as 
 respects the progress of the scholars in learning, and the good 
 order of the schools j and may give his advice and direction to the 
 trustees and teachers of such schools as to the government thereof, 
 arid the course of studies to be pursued therein. 
 
 ARTICLE FIFTH. 
 
 Of the Formation and Alteration of School Districts. 
 
 No. 69 [ 43.] In the erection or alteration of a school dis 
 trict, the trustees of any district to be affected thereby, may apply 
 to the supervisor and town clerk to be associated with the town 
 superintendent ; and their action shall be final unless duly appeal 
 ed from ; the compensation of the supervisor and town clerk when 
 thus associated, shall be the same as that of the town superinten 
 dent. 
 
 No. 70 [ 44.] Whenever it may become necessary or con 
 venient to form a district out of two or more adjoining towns, the 
 town superintendent of each of such adjoining towns, or the major 
 part of them, may form, regulate and alter such district. 
 
 No. 71 [ 45.] No alteration of any school district, made 
 without the consent of the trustees thereof, shall take effect until 
 three months after notice, in writing, shall be given by the town 
 superintendent, to some one or more of such trustees ; nor shall 
 any alteration or regulation of an organized school district be made 
 to take effect between the first day of December in any one year, 
 and the first day of May following. 
 
 No. 72 [ 46.] If the town supeintendent in any town, shall 
 require by notice in writing, the attendance of the town super 
 intendents of any other town or towns, at a joint meeting 
 for the purpose of altering a school district formed from their 
 respective towns, and a major part of the town superintendents 
 notified shall refuse or neglect to attend, the town superintendents 
 attending, by a majority of votes, may call a special district meet 
 ing of such district, for the purpose of deciding on such proposed 
 alteration ; and the decision of such meeting shall be as valid as 
 if made by the town superintendents of all the towns interested, 
 but shall extend no further than to dissolve the district formed 
 from such towns. 
 
 No. 73 [ 50.] When two or more districts shall be consoli 
 dated into one, the new district shall succeed to all the rights of 
 property possessed by the districts of which it shall be composed, 
 
109 
 
 and when a district is annulled and portions thereof are annexed 
 to other districts, the property of the district so annulled shall be 
 sold by the town superintendent of the town in which the school 
 house is located, at public auction to the highest bidder therefor, 
 after at least five days public notice by notices posted in three or 
 more public places in said town, one of which shall be within the 
 district so annulled, and the proceeds of such sale shall be first 
 applied so far as requisite, to the payment of any just debts due 
 from the district so annulled, and the residue thereof shall be 
 apportioned among the taxable inhabitants of the district so 
 annulled in the ratio of their several assessments upon the last 
 corrected assessment roll of the town or towns within which such 
 district is located. 1 
 
 No. 74 [ 52.] When there shall be any moneys in the hands 
 of the officers, of a district that is or may be annulled, or belong 
 ing to such district, the town superintendent of the town may 
 demand, sue for and recover the same, in his name of office, and 
 shall apportion the same equitably between the districts to which 
 the several portions of such annulled district may have been an 
 nexed, to be held and enjoyed as district property. 
 
 No. 75 [ 53.] Whenever a school district shall be dissolved 
 by consolidation, or otherwise, it shall be the duty of the trustees 
 of such district to make out all the necessary ratebills and tax-lists, 
 and issue their warrants according to law, for the collection of all 
 such sums of money as shall be necessary to discharge all legal 
 liabilities of such district so dissolved or consolidated, and to call 
 special meetings of the legal voters of such district, if it be neces 
 sary, to raise money by tax, to discharge such demands, and the 
 collector to whom any such rate-bill or tax-list and warrant shall 
 be delivered for collection, shall have power to execute the same 
 in the same manner and with like authority as though such dis 
 trict had not been dissolved or consolidated. 
 
 Of the powers of school district inhabitants, and of the choice, 
 duties and powers of school district officers. 
 
 No. 76 [54.] Whenever any school district shall be formed 
 in any town, it shall be the duty of the town superintendent, 
 within twenty days thereafter, to prepare a notice in writing, 
 describing such district, and appointing a time and place for the 
 first district meeting, and to deliver such notice to a taxable inhab 
 itant of the district. 
 
 No. 77 [$ 55.] It shall be the duty of such inhabitant to notify 
 every other inhabitant of the district, qualified to vote at district 
 meetings, by reading the notice in the hearing of such inhabitant, 
 or in case of his absence from home, by leaving a copy thereof, or 
 of so much thereof as relates to the time and place of such meet 
 ing, at the place of his abode, at least six days before the time of 
 the meeting. 
 
 (1) Laws of 1849, Chap. 382, 2. 
 
 - 
 
no 
 
 . A 
 
 JVb. 78 [ 56.] In case such notice shall not be given, or the 
 inhabitants of a district shall refuse or neglect to assemble, or 
 form a district meeting, when so notified ; or in case any such dis 
 trict, having been formed and organized in pursuance of such 
 notice, shall afterwards be dissolved, so that no competent author 
 ity shall exist therein, to call a special district meeting in the 
 manner hereinafter provided ; such notice shall be renewed by 
 the town superintendent, and served in the manner above pre 
 scribed. 
 
 No 79 [< 57.] Every taxable inhabitant to whom a notice 
 of a district meeting shall have been properly delivered for service, 
 who shall refuse or neglect to .- erve the notice in the manner above 
 in this article enjoined, shall for every such offence forfeit the sura 
 of five dollars. 
 
 No. 80 [ 58.] Whenever any district meeting shall be called, 
 in the manner prescribed in the preceding sections of this article, 
 it shall be the duty of the inhabitants of the district, qualified to 
 vote at district meetings, to assemble together at the time and place 
 mentioned in the notice. 
 
 No. 81 [ 59.] Every male person of full age, residing in 
 any school district, and entitled to hold lands in this state, who 
 owns or hires real property in such district subject to taxation for 
 school purposes, and every resident of such district authorized to 
 vote at town meetings of the town in which such district or part 
 of district is situated, and who has paid any rate-bill for teachers 
 wages in such district, within one year preceding, or who owns 
 any personal property liable to be taxed for school purposes in 
 such districts, exceeding fifty dollars in value, exclusive of such 
 as is exempt from execution, and no others, shall be entitled to 
 vote at any school district meeting held in such district. 
 
 No. 82 [ 60.] If any person offering to vote at any school 
 district meeting, shall be challenged as unqualified by any legal 
 voter in such district, the chairman presiding at such meeting shall 
 require the person so offering, to make the following declaration : 
 " I do declare and affirm that I am an actual resident of this 
 school district, and that I am qualified to vote at this meeting." 
 And every person making such declaration shall be permitted to 
 vote on all questions proposed at such meeting , but if any 
 person shall refuse to make such declaration, his vote shall be 
 rejected, 
 
 No. 83 [ 61.] Every person who shall wilfully make a false 
 declaration of his right to vote at a district meeting, upon being 
 challenged as herein before provided, shall be deemed guilty of a 
 misdemeanor, and punishable by imprisonment in the county jail 
 for a term not exceeding one year, nor less than six months, at the 
 discretion of the court ; and any person voting at any school dis 
 trict meeting without being qualified, shall, on conviction, be subject 
 to a fine of ten dollars, to be sued for and recovered by the trus 
 tees of the district for its use, and with costs of suit, before any 
 justice of the peace. 
 
Ill 
 
 
 
 No. 84 [ 62.] The inhabitants so entitled to vote, when so 
 assembled in such district meeting, or when lawf ully assembled at 
 any other district meeting, shall have power, by a majority of the 
 votes of those present: 
 
 1. To appoint a chairman for the time being: 
 
 2. To adjourn from time to time, as occasion may require : 
 
 3. To chose a district clerk, three trustees, a district collector, 
 and a librarian at their first meeting, and as often as such offices 
 or either of them become vacated : 
 
 4. To designate a site for a district school house : 
 
 5. To lay such tax on the taxable inhabitants of the district, as 
 the meeting shall deem sufficient to purchase or lease a suitable 
 site for a school house, and to build, hire or purchase such school 
 house, and to keep in repair arid furnish the same with the necessary 
 fuel and appendages : 
 
 6. To alter, repeal and modify their proceedings from time to 
 time as occasion may require : 
 
 7. To vote a tax for the purchase of a book for the pur 
 pose of recording the proceedings in their respective districts: 
 
 8. With the consent of the town superintendent of the town, to 
 designate sites for two or more school houses, for such district, and 
 lay a tax on the taxable property in such district, to purchase or 
 lease such sites, and to hire, build or purchase such school houses, 
 and to keep in repair, and furnish the same with necessary fuel 
 and appendages, and may also in their discretion lay a tax, not 
 exceeding twenty dollars in any one year, to purchase maps, globes, 
 black-boards, and other school apparatus. 
 
 No. 85 [ 63.] The trustees chosen at the first legal meeting 
 of any school district, shall be divided by lot into three classes, to 
 be numbered, one, two and three ; the term of office of the first 
 class shall be one year, of the second, two, of the third, three ; 
 and one trustee only shall thereafter annually be elected, who shall 
 hold his office for three years, and until a successor shall be duly 
 elected or appointed. In case of a vacancy in the office of either 
 of the trustees, during the period for which he or they shall have 
 been respectively elected, the person or persons chosen or appointed 
 to such vacancy shall hold the office only for the unexpired 
 term. 
 
 No. 86 [ 64.] Every notice of a district meeting called in 
 pursuance of this act shall state the purpose for which such 
 meeting is called, 
 
 No. 87 [. 65.] In each school district an annual meeting 
 shall be held at the time and place previously appointed ; and 
 at the first district meeting, and at each annual meeting, the 
 time and place of holding the next annual meeting shall be 
 fixed. 
 
 No. 88 [ 66.] Whenever the time for holding annual meet 
 ings in a district for the election of district officers shall pass 
 without such election being held, a special meeting shall be notified 
 
112 
 
 by the clerk of such district to choose such officers ; and if no such 
 notice be given by him or the trustees last elected or appointed, 
 with twenty days after such time shall have passed, the town 
 superintendent or town clerk may order any inhabitant of such 
 district qualified to vote at district meetings, to notify such meeting 
 in the manner provided by law in case of the formation of a new 
 district ; and the officers chosen at any such special meeting, 
 shall hold their office until the time for holding the next annual 
 meeting. 
 
 No. 89 [ 67.] When the clerk and all the trustees of a 
 school district shall have removed or otherwise vacated their 
 office, and where the records of a district shall have been de 
 stroyed or lost, or where trustees neglect or refuse to call meet 
 ings to choose trustees, the superintendent shall have authority 
 to order such meetings, and the same shall be notified in the 
 manner provided by law in the case of the formation of new 
 districts. 
 
 No. 90 [ 68.] When in consequence of the loss of the rec 
 ords of a school district, or the omission to designate the day for its 
 annual meeting, there shall be none fixed, or it cannot be ascertained, 
 the trustees, of such district may appoint a day for holding the 
 annual meeting of such district. 
 
 No. 91 [ 69.] A special meeting shall be held in each dis 
 trict whenever called by the trustees ; and the proceedings of no 
 district meeting, annual or special, shall be held illegal for want of 
 a due notice to all the persons qualified to vote thereat, unless it 
 shall appear that the omission to give such notice was wilful and 
 fraudulent. 
 
 No. 92 [ 70.] No tax to be voted by a district meeting for 
 building, hiring or purchasing a school house, shall exceed the sum 
 of four hundred dollars, unless the town superintendent of the 
 town in which the school house is to be situated, shall certify in 
 writing his opinion that a larger sum ought to be raised, and shall 
 specify the sum ; in which case, a sum not exceeding the sum so 
 specified, shall be raised ; and in districts composed of parts of 
 several towns, the certificate of a major part of the superintendents 
 of said towns shall be necessary for such purpose. 
 
 No. 93 [ 71.] Whenever a majority of all the taxable 
 inhabitants of any school district, to be ascertained by taking and 
 recording the ayes and noes of such inhabitants attending at any 
 annual, special or adjourned school district meeting legally called 
 or held, shail determine that the sum proposed and provided for in 
 the next preceding section, shall be raised by instalments ; it shall 
 be the duty of the trustees of such district, and they are hereby 
 authorized to cause the same to be levied, raised and collected, in 
 equal annual instalments, in the same manner, and with the like 
 authority that other school district taxes are raised, levied and col 
 lected, and to make out their tax list and warrant, for the collec 
 tion of such instalments as they become payable according to the 
 
113 
 
 vote of the said inhabitants ; but the payment or collection of the 
 last instalment shall not be extended beyond five years from the 
 time such vote was taken ; and no vote to levy any such tax shall 
 be reconsidered except at an adjourned general or special meeting 
 to be held within thirty days thereafter, and the same majority 
 shall be required for reconsideration as is required to levy such tax. 
 
 No. 94 [ 72.] In every case where a district embraces a 
 part of more than one town, the town superintendents of the 
 towns so in part embraced, upon application of the trustees of such 
 districts, or of those persons liable to pay taxes upon real property 
 therein, shall proceed to enquire and determine whether the valu 
 ation of real property upon the several assessment rolls of said 
 towns are substantially just as compared with each other, so far as 
 such district is concerned, and if determined not to be so, they 
 shall determine the relative proportion of taxes that ought to be 
 assessed upon the real property of the parts of such districts so 
 lying in different towns, and the trustees of such district shall there 
 upon assess the proportion of any tax thereafter to be raised accor 
 ding to the determination of said superintendents until the same 
 shall be altered by said superintendents upon like application, 
 using the assessment rolls of the several towns to distribute the 
 said proportion among the persons liable to be assessed for the 
 same. In cases where two superintendents shall be unable to 
 agree, they shall summon a superintendent from some adjoining 
 town, who shall unite in such inquiry and determination. 
 
 jVo. 95 [ 73.] Whenever a school house shall have been 
 built or purchased for a district, the site of such school Jiouse shall 
 not be changed, nor the building thereon be removed, as long as 
 the district shall remain unaltered, unless by the consent, in wri 
 ting, of the town superintendents of common schools, of the town 
 or towns within which such districts shall be situated, stating that 
 in their opinion such removal is necessary ; nor then, unless a ma 
 jority of all the taxable inhabitants of said district to be ascertain 
 ed by taking and recording the ayes and noes, at a special meet 
 ing, called for that purpose, shall be in favor of such new site. 
 
 No. 96 [ 74.] Whenever the site of a school house shall 
 have been changed as herein provided, the inhabitants of the dis 
 trict entitled to vote, lawfully assembled at any district meeting, 
 shall have power by a majority of the votes of those present, to 
 direct the sale of the former site or lot, and the buildings thereon, 
 and appurtenances, or any part thereof, at such price, and upon 
 such terms as they shall deem most advantageous to the district ; 
 and any deed duly executed by the trustees of such district, or a 
 majority of them, in pursuance of such direction, shall be valid 
 and effectual to pass all the estate or interest of such school dis 
 trict in the premises intended to be conveyed thereby, to the gran 
 tee named in such deed ; and when a credit shall be directed to 
 be given upon such sale, for the consideration money, or any part 
 thereof, the trustees are hereby authorized to take in their corpo- 
 8 
 
114 
 
 rate nnme, such security by bond and mortgage, or otherwise, for 
 the payment thereof, as they shall deem best, and shall hold the 
 same as a co. poration, and account therefor to their successors in 
 office and to the district, in the manner they are now required r 
 law to account for moneys received by them ; and the trustees of 
 any such district for the time being, may in their name of office, 
 eue for and recover the moneys due and unpaid upon any security 
 so taken by them, or their predecessors in office, with interest and 
 cost. 
 
 No. 97 [ 75.] All moneys arising from any sale made in 
 pursuance of the last preceding section, shall be appropriated to the 
 payment of the expenses incurred in procuring a new site, and in 
 removing or erecting a school house or either of them, so far as 
 such application thereof shall be deemed necessary. 
 
 No. 98 [ 77.] In case the office of trustee shall be vacated 
 by the death, refusal to serve, removal out of the district, or inca 
 pacity of any such officer, and the vacancy shall not be supplied 
 by a district meeting within one month thereafter, the town super 
 intendent of the town may appoint any person residing in such 
 district to supply such vacancy. 
 
 No. 99 [ 78.] In case of a vacancy in the office of school 
 district clerk, collector or librarian, for any of the causes men 
 tioned in the next preceding section, such vacancy may be supplied 
 bv appointment under the hands of the trustees of the district or a 
 majority of them, and the persons so appointed shall hold their 
 respective offices until the next annual meeting of the district, and 
 until others are elected in their places. 
 
 No. 100 [ 79.] Every person duly chosen or appointed to 
 any such office, who, without sufficient cause, shall refuse to serve 
 therein, shall forfeit the sum of five dollars; and every person so 
 chosen or appointed, and not having refused to accept, who shall 
 neglect to perform the duties of his office, shall forfeit the sum of 
 ten dollars. 
 
 No. 101 [ 80.] Any person chosen or appointed to any 
 such office, may resign the same by presenting his resignation to 
 the town superintendent of the town where such officer shall 
 reside, who is authorised for sufficient cause shown to him, to 
 accept the same, and the acceptance of such resignation shall be a 
 bar to the recovery of either of the penalties mentioned in the 
 preceding section. The town superintendent accepting the resig 
 nation shall give notice thereof to the clerk, or to one of the 
 trustees of the school district, to which the officer resigning shall 
 belong. 
 
 jVo. 102 [ 81.] It shall be the duty of the clerk of each 
 school district, 
 
 1. To record the proceedings of his district in a book to be pro 
 vided for that purpose by the district, and to enter therein true 
 copies of all reports made by the trustees of his district, to the 
 town superintendent. 
 
115 
 
 !2. To give notice of the time and place for special district meet 
 ings, when the same shall be called by the trustees of the district, 
 to each inhabitant of such district liable to pay taxes, at least five 
 days before such meeting shall be held, in the manner prescribed 
 in the fifty-fifth section of this act : 
 
 3. To affix a notice in writing of the time and place for any 
 adjourned district meeting, when the same shall be adjourned for a 
 longer time than one month, in at least four of the most public 
 places of such district, at least five days before the time appointed 
 for such adjourned meeting : 
 
 4. To give the like notice of every annual district meeting : 
 
 5. To keep and preserve all records, books and papers, belong 
 ing to his office, and to deliver the same to his successor in office ; 
 and in case ot his neglect or refusal so to do, he shall be subject to 
 a fine of not exceeding fifty dollars. 
 
 Of the duty of trustees of school districts. 
 
 No. 103 [ 82.] It shall be the duty of the trustees of every 
 school district, and they shall have power, 
 
 1. To call special meetings of the inhabitants of such districts 
 liable to pay taxes, whenever they shall deem it necessary and 
 proper : 
 
 2. To give notice of special, annual and adjourned meetings 
 in the manner prescribed in the last preceding section, if there 
 be no clerk of the district, or he be absent or incapable of acting: 
 
 3. To make out a tax list of every district tax, voted by any 
 such meeting, containing the names of all the taxable inhabitants 
 residing in the district at the time of making out the list, and 
 the amount of tax payable by each inhabitant, set opposite to his 
 name : 
 
 4. To annex to such tax list a warrant, directed to the collec 
 tor of the district,for the collection of the sums in such list mentioned : 
 
 5. To purchase or lease *a site for the district school house, as 
 designated by a meeting of the district, and to build, hire or pur 
 chase, keep in repair, and furnish such school house with necessary 
 fuel and appendages, out of the funds collected and paid to them 
 for such purposes : 
 
 6. To have the custody and safe-keeping of the district school- 
 house : 
 
 7. To contract with and employ all teachers in the districts : 
 
 8. To pay the wages of such teachers when qualified, by giving 
 them orders on the town superintendents for the public money be 
 longing to their districts, so far as such moneys shall be sufficient 
 for that purpose ; and to collect the residue of such wages from all 
 persons liable therefor: 1 
 
 9. To divide the public moneys received by them, whenever 
 authorized by a vote of their district, into not exceeding two por 
 tions for each year ; to assign and apply one. of such portions to 
 each term during which a school shall be kept in such district, for 
 
 (1) Laws of 1849, chap. 382, 12 
 
116 
 
 the payment of teacher s wages during such term ; and to collect 
 the residue of such wages, not paid by the proportion of public 
 money allotted for that purpose, from the persons liable therefor, as 
 above provided : 
 
 10. To exempt from the payment of the wages of teachers, 
 either in part or wholly, such indigent persons within the district 
 as they shall think proper, in any one quarter or term, and the 
 same shall be a charge upon such district: 
 
 11. To certify such exemptions and deliver the certificate 
 thereof to the clerk of the district to be kept on file in his 
 office : 
 
 12. To ascertain by examination of the school lists kept by such 
 teachers, the number of days for which each person not so exempt 
 ed, shall be liable to pay for instruction, and the amount payable 
 by each person : 
 
 13. To make out a rate-bill containg the name of each person 
 so liable, and the amount for which he is liable ; and to annex 
 thereto a warrant for the collection thereof: 
 
 14. To deliver such rate-bill, with the warrant annexed, after 
 the same shall have been made out and signed by them, to the col 
 lector of the district, who shall execute the same in like manner 
 with other warrants directed by such trustees to such collector for 
 the collection of district taxes, except as hereinafter provided ; and 
 the collector to whom any such rate-bill and warrant shall be de 
 livered for collection, shall possess the same power, be entitled to 
 the same fees, and subject to the same restrictions and liabilities 
 with their bail and sureties, except as hereinafter provided, as by 
 this title is provided in proceedings to collect school district taxes. 
 
 JV0. 104 [ 9.] The trustees of any school district may expend 
 in the repair of the school house a sum not exceeding ten dol 
 lars in any one year, and the same may be levied and collected by 
 a separate tax, or added to any tax authorized to be levied and col 
 lected. 2 
 
 No. 105 [ 84.] Where by reason of the inability to collect 
 any tax or rate bill, there shall be a deficiency in the amount rais 
 ed, the inhabitants of the district in district meeting shall direct 
 the raising of a sufficient sum to supply such deficiency by tax, 
 or the same shall be collected by rate-bill, as the case may require. 
 
 JVo. 106 [ 6.] Any balance required to be raised in any 
 school district for the payment of teachers wages, beyond the 
 amount apportioned to such district by the previous provisions of 
 this act, and other public moneys belonging to the district, applica 
 ble to the payment of teachers wages, shall be raised by rate-bill 
 to be made out by the trustees, against those sending to school, in 
 proportion to the number of days and of children sent, to be ascer 
 tained by the teachers list ; and in making out such rate-bill, it 
 shall be the duty of the trustees to exempt, either wholly or in part, 
 as they may deem expedient, such indigent inhabitants as may, in 
 
 (1) Laws of 1849, chap. 382, 6, as amended by chap. 151 laws of 1851, 7. 
 
 (2) Lawa of 1849, chap. 382, $9 
 
117 
 
 their judgment, be entitled to such exemption, and the amount of 
 such exemption shall be added to the first tax list thereafter to be 
 made out by the trustees for district purposes, or shall be separate 
 ly levied by them as they shall deem most expedient. , 
 No. 107 [ 7.] The same property which is exempt by sec 
 tion twenty-two, of article two, title five, chapter six, part three, of 
 the revised statutes, from levy and sale under execution, shall be 
 exempt from levy and sale under any warrant to collect any rate- 
 bill lor wages of teachers of common schools. 2 
 
 Of the Assessment and Collection of District Taxes. 
 
 No. 108 [ 85.] In making out a tax list the trustees of school 
 districts shall apportion the same on all the taxable inhabitants of 
 the district, or corporations holding property therein, according to 
 the valuation of the taxable property which shall be owned or pos 
 sessed by them, at the time of making out such list within such dis 
 trict, or partly within such district and partly in an adjoining district, 
 and upon all real estate lying within the boundaries of such district, 
 the owners of which shall be non-residents, and which shall be lia 
 ble to taxation for town or county purposes, and shall be situated 
 within three miles of the site of the school-house in such district. 
 But when it shall be ascertained that the proportion of any tax 
 upon any lot, tract or parcel not occupied by any inhabitant would 
 not amount to fifty cents, the trustees in their discretion may omit 
 such lot, tract or parcel from the tax list. 
 
 No. 109 [ 86.] Any person working land under a contract for 
 a share of the produce of such land, shall be deemed the possessor, 
 so tar as to render him liable to taxation therefor, in the district 
 where such land is situate. 
 
 No. 110 [87.] Every person owning or holding any real 
 property within any school district, who shall improve and occupy 
 the same by his agent or servant, shall, in respect to the liability 
 of such property to taxation, be considered a taxable inhabitant 
 of such district, in the same manner as if he actually resided 
 therein. 
 
 No. Ill [88.] Where any district tax for the purpose of 
 purchasing a site for a school-house, or for purchasing or building, 
 keeping in repair, or furnishing such school-house with necessary 
 fuel and appendages, shall be lawfully assessed and paid by any 
 person, on account of any real property, whereof he is only tenant 
 at will, or for three years, or for a less period of time, such tenant 
 may charge the owner of such real estate with the amount of the 
 tax so paid by him, unless some agreement to the contrary shall 
 have been made by such tenant. 
 
 No. 112 [ 89.] When any real estate within a district, so lia 
 ble to taxation, shall not be occupied and improved by the owner, 
 his servant or agent, and shall not be possessed by any tenant, the 
 trustees of any district, at the time of making out any tax list by 
 which any tax shall be imposed thereon, shall make and insert in 
 
 (1) Laws of 1851, chap. 161, 6-7. (2) Laws of 1751, chap. 161, 7. 
 
118 
 
 such tax list, a statement and description of every such lot, piece 
 or parcel of land so owned by non-residents therein, in the same 
 manner as required by law from town assessors in making out the 
 assessment roll of their towns ; and if any such lot is known to be 
 long to an incorporated company, liable to taxation in such district, 
 the name of such company shall be specified, and the value of such 
 lot or piece of land shall be set down opposite to such description, 
 which value shall be the same that was affixed to such lot or piece 
 of land in the last assessment roll of the town ; and if the same was 
 not separately valued in such roll, then it shall be valued in propor 
 tion to the valuation which was affixed in the said assessment roll 
 to the whole tract, of which such lot or piece shall be a part. 
 
 No. 113 [90.] If any tax on the real estate of a non-resident 
 mentioned in the tax list delivered to the collector shall be unpaid 
 at the time he is required by law to return his warrant, he shall 
 deliver to the trustees of such district an account of the taxes so 
 remaining due, containing a description of the lots and pieces of 
 land upon which any taxes were imposed as the same were stated 
 in his tax list together with the amount of the tax assessed on 
 each, and upon making oath before any justice of the peace or judge 
 of any court of record that the taxes mentioned in such account 
 remain unpaid, and that after diligent efforts lie has been unable to 
 collect the same, he shall be credited by said trustees with the 
 amount thereof. 
 
 No. 114 [ 91.] Whenever the trustees of any school district 
 shall receive such an account of unpaid taxes from any collector, 
 they shall compare the same with the original tax list, and if found 
 to be a true transcript, they shall add to such account a certificate 
 to the effect that they have compared the same with the original 
 tax list and found it to be correct, and shall immediately transmit 
 such account, with the affidavit of the collector, and their certificate 
 to the treasurer of the county. 
 
 No. 115 [ 92-3 Out of any moneys in the county treasury, 
 raised for contingent expenses, the county treasurer shall pay to 
 the trustees of the school district in which such taxes were imposed, 
 the amount thereof so returned as unpaid. 
 
 No. 1 1 6 [ 93 ] Such account, affidavit and certificate shall 
 be laid, by the county treasurer, before the board of supervisors of 
 the county, who shall cause the amount of such unpaid taxes, with 
 seven per cent of the amount in addition thereto, to be levied upon 
 the lands of non-residents on which the same were imposed, and if 
 imposed upon the lands of any incorporated company, then upon 
 iuch company, in the same manner that the contingent charges of 
 the county are directed to be levied and collected, and when col 
 lected the same shall be returned to the county treasury to reim 
 burse the amount so advanced, with the expense of collection. 
 
 No. 117 [94.] Any person whose lands are included in 
 any such account may pay the tax assessed thereon to the county 
 treasurer, at any time before the board of supervisors shall have 
 directed the same to be levied. 
 
119 
 
 No. 118 [95.] The same proceedings in all respects shall 
 b< had for the collection of the amount so directed to be raised by 
 t 1 e board of supervisors as are provided by law in relation to 
 county taxes ; and upon a similar account as in the case of countj 
 taxes of the arrears thereof uncollected, being transmitted by the 
 county treasurer to the comptroller, the same shall be paid on his 
 warrant to the treasurer of the county advancing the same ; and 
 the amount so assumed by the state shall be collected for its benefit, 
 in the manner prescribed by law in respect to the arrears of county 
 taxes upon land of non-residents ; or if any part of the amount 
 so assumed consisted of a tax upon any incorporated company the 
 same proceedings may also be had for the collection thereof as 
 provided by law, in respect to the county taxes assessed upon 
 such company. 
 
 No. 119 [ 96.] The valuations of taxable property shall be 
 ascertained so far as possible, from the last assessment roll of the 
 town ; and no person shall be entitled to any reduction in the valu 
 ation of such property, as so ascertained unless he shall give notice 
 of his claim to such reduction, to the trustees of the district, before 
 the tax list shall be made out. 
 
 No. 120 [ 97.] In every case where such reduction shall 
 be duly claimed, and in every case where the valuation of taxable 
 property cannot be ascertained, from the last assessment roll of the 
 town, the trustees shall ascertain the true value of the property to 
 be taxed, from the best evidence in their power, giving notice to 
 the persons interested, and proceeding in the same manner as the 
 town assessors are required by law to proceed, in the valuations of 
 taxable property. 
 
 No. 121 [ 98.] Every taxable inhabitant of a district, who 
 shall ha e been, within four years, set off from any otherdistrict 
 without his consent, and shall, within that period have actually paid 
 in such other district, under a lawful assessment therein, a district 
 tax for building a school-house, shall be exempted by the trustees 
 of the district where he shall reside, from the payment of any tax 
 for building a school house therein. 
 
 No. 122 [g 99.] Every district tax shall be assessed, and the 
 tax list therefor be made out by the trustees, and a proper warrant 
 attached thereto, within thirty days after the district meeting in 
 which the tax shall have been voted. 
 
 No. 123 [ 100.] It shall be the duty of the said trustees, 
 after the expiration of the said thirty days, to deliver the said tax 
 list and warrant to the collector of the district, and such collector 
 is hereby authorised and directed, upon receiving his warrant, for 
 two successive weeks, to receive such taxes as may be voluntarily 
 paid to him ; and in case the whole amount shall not be so paid 
 in, the collector shall proceed forthwith to collect the same. He 
 shall receive for his services, on all sums paid in as aforesaid, one 
 per cent, and upon all sums collected by him after the expiration 
 of the time mentioned, five per cent ; and in case a levy and sale 
 
120 
 
 shall be necessarily made by such collector, he shall be entitled to 
 travelling fees at the rate of six cents per mile, to be computed 
 from the school house in such district. l 
 
 No. 124 [ 101.] If by the neglect of any collector, any 
 school moneys shall be lost to any school district, which might have 
 been collected within the time limited in the warrant delivered to 
 him for their collection, he shall forfeit to such district the full 
 amount of the moneys thus lost, and shall account for and pay over 
 the same to the trustees of such district, in the same manner as if 
 they had been collected. 
 
 No. 125 [ 102.] For the recovery of all forfeitures, and of 
 balances in the hands of a collector which he shall have neglected 
 to pay over, the trustees of the district may sue in their name of 
 office, and shall be entitled to recover the same with interest and 
 costs ; and the moneys recovered shall be applied by them in the 
 same manner as if paid without suit. 
 
 No. 126 [ 103.] Any collector to whom any such tax list 
 and warrant may be delivered for collection, may execute the same 
 in any other district or town in the same county, or in any other 
 county, where the district is a joint district, and composed of terri 
 tory irom adjoining counties, in the same manner, and with the 
 like authority as in the district in which the trustees issuing the 
 said warrant may reside and for the benefit of which said tax is 
 intended to be collected, and the bail or sureties of any collector 
 given for the faithful performance of his official duties, are hereby 
 declared and made liable for any moneys received or collected on 
 any such tax list and warrant, and may be prosecuted for the re 
 covery thereof. 
 
 No. 127 [ 104.] It shall be the duty of the trustees of school 
 districts, to procure tor the use of their district, two bound blank 
 books from time to time, as shall be necessary, in one of which the 
 accounts of all moneys received and paid by the trustees, and a 
 statement of all moveable property belonging to the district, shall 
 be entered at large, and signed by such trustees, at or before each 
 annual meeting in such district. In the other of the said books, 
 the teachers shall enter the names of the scholars attending school, 
 and the number of days they shall have respectively attended, and 
 also the days on which such school shall have been inspected by 
 the town superintendent ; which entries shall be verified by the 
 oath or affirmation of the teachers. The said books shall be pre 
 served by the trustees as the property of the district, and shall be 
 delivered to their successors. 
 
 No. 128 [ 105.] When the necessary fuel for the school of 
 any district shall not be provided, by means of a tax on the inhab 
 itants of the district or otherwise, it shall be the duty ofthetrustees 
 of the district to provide the necessary fuel, and levy a tax upon 
 the inhabitants of the district to pay for the same 2 
 
 No. 129 [109] When the trustees of any school district 
 are required or authorized by law, or by vote of their district, to 
 
 (1) Laws of 1849, chap. 882, 6. (2) Laws of 1849, chap. 382, 7. 
 
121 
 
 incur any expense for such district, and when any expenses incur 
 red by them are made hy express provision of law a charge upon 
 such district, they may raise the amount thereof by tax in the same 
 manner as if the definite sum to be raised had been voted by a dis 
 trict meeting, and the same shall be collected and paid over in the 
 same manner. 
 
 No. 130 [110.] The warrant issued and annexed to any 
 tax list or rate bill, shall be under the hands of the trustees of the 
 district or a majority of them, and it shall not be necessary for the 
 said trustees to affix their seals to any such warrant. 
 
 No. 131 [ 111.] The warrants issued by the trustees of 
 school districts for the collection of any district tax authorized to 
 be levied, raised and collected by this title, or for the collection of 
 any rate bill shall have the like force and effect, [except as herein 
 before provided in respect to rate bills,] as warrants issued by 
 boards of supervisors of counties to collectors of taxes in towns ; 
 and the collector to whom any such warrant may be delivered for 
 collection is hereby authorized and required to collect from every 
 person in such tax list or rate bill named, the sum therein set op 
 posite to his name, or the amount due from any person or persons 
 specified therein, in the same manner that collectors are authorized 
 to collect town and county charges, [except as aforesaid.] 
 
 No. 132 [112.] If the sum or sums of money, payable by 
 any person named in such tax list or rate bill, shall not be paid 
 by him, or collected by such warrant within the time therein limit 
 ed, it shall and may be lawful for ihe trustees to renew such warrant 
 in respect to such delinquent person ; or in case such person shall 
 not reside within their district, at the time of making out a tax list 
 or rate bill, or shall not reside therein at the expiration of such 
 warrant, and no goods or chattels can be found therein whereon to 
 levy the same ; the trustees may sue for and recover the same, in 
 their name of office. 
 
 No. 133 [113.] Whenever the trustees of any school dis 
 trict shall discover any error in a tax list or rate bill made out by 
 them, they may with the approbation and consent of the state su 
 perintendent, after refunding any amount that may have been im 
 properly collected on such tax list or rate bill, if the same shall be 
 required, amend and correct such tax list or rate bill, in conformity 
 to law ; and whenever more than one renewal of a warrant for the 
 collection of any tax list or rate bill, may become necessary in any 
 district, the trustees may make such further renewal, with the 
 written approbation of the town superintendent of the town in 
 which the school house of said district shall be located, to be en 
 dorsed upon such warrant. 
 
 No. 134 [ 114.] If the moneys apportioned to a district by 
 the town superintendent shall not have been paid, it shall be the 
 duty of the trustees thereof, to bring a suit for the recovery of the 
 same, with interest, against the town superintendent in whose 
 hands the same shall be, or to pursue such other remedy for the 
 ecovery thereof, as is or shall be given by law. 
 
122 
 
 Of the annual report* of trustees, their duties and liabilities. 
 
 JVo. 135 [ 1 15.] The trustees of each school district shall, 
 between the first and fifteenth clays of January, in every year, 
 make and transmit a report, in writing, to the town superintend 
 ent for such town, dated on the first day of January, in the year 
 in which it shall be transmitted. 
 
 JSo. 136 [$116.] Every such report, signed and certified 
 by a majority of the trustees making it, shall be delivered to the 
 town superintendent, and shall specify, 
 
 1. The whole time any school has been kept in their district 
 during the year ending on the day previous to the date of such 
 report, and distinguishing what portion of the time such school 
 has been kept by qualified teachers : 
 
 2. The amount of moneys received from the town superintend 
 ent during such year, and the manner in which such moneys have 
 been expended : 
 
 3. The number of children taught in the district during such 
 year. 1 
 
 4. The number of children residing in the district on the last 
 day of December previous to the making of such report, over the 
 age of four years, and under twenty-one years of age, (except In 
 dian children otherwise provided for by law,) and the names of 
 the parents or other persons with whom such children shall res 
 pectively reside, and the number of children residing with each : l 
 
 5. The amount of money paid for teachers wages, in addition 
 to the public money paid therefor, the amount of taxes levied in 
 said district for purchasing school- house sites, for building, hiring, 
 purchasing, repairing and insuring school-houses, for fuel, for 
 supplying deficiencies in rate bills, for district libraries, or for any 
 other purpose allowed by law, and such other information in re 
 lation to the schools and the districts as the superintendent of 
 common schools may from time to time require. 
 
 JVo. 137 [g 1 17] It shall not be lawful for the trustees of any 
 school district to include in their annual returns the names of any 
 children who are supported at a county poor-house, or orphan 
 asylum. 
 
 No. 138 [ 118.] The annual reports of trustees of school 
 districts, of children residing in their district, shall include all 
 over four and under twenty-one years of age, who shall, ?t the 
 date of such report, actually be in the district, composing a part 
 of the family of their parents or guardians, or employers, if such 
 parents, guardians, or employers reside at the time in such dis 
 trict, although such residence be temporary, but such report shall 
 not include children belonging to the family of any person who 
 shall be an inhabitant of any other district in this state, in which 
 such children may be law be included in the reports of its trus 
 tees. 
 
 (1) Laws of 1849, chap. 382, 8. 
 
123 
 
 No. 139 [ 119 ] The trustees of school districts shall not 
 enumerate and include in their annual reports any Indian children 
 residing on Indian reservations where schools are taught. 
 
 No. 140 [ 120.] All children included in the reports of the 
 trustees of any school district shall be entitled to attend the 
 schools of such district ; and whenever it shall be necessary for 
 the accommodation of the children in any district, the trustees 
 thereof may hire, temporarily, any room or rooms for the keeping 
 of schools therein, and the expense thereof shall be a charge up 
 on such district. 
 
 No. 141 [ 121.] Where a school district is formed out of 
 two or more adjoining towns, it shall be thti duty of the trustees 
 of such district to make and transmit a report to the town super 
 intendent for each of the towns out of which such district shall be 
 formed, within the same time, and in the same manner, as is re 
 quired by sections one hundred and fifteen, and one hundred and 
 sixteen of this act ; distinguishing the number of children over 
 the age of four and under twenty-one years, residing in each part 
 of a district which shall be in a different town from the other 
 parts, arid the number of children taught, and the amount of 
 school moneys received from each part of the district. 
 
 No. 142 [ 122.] Where any neighborhood shall be set off 
 by itself, the inhabitants of such separate neighborhood shall an 
 nually meet together and chose one trustee ; whose duty it shall 
 be every year, within the time limited for making district re 
 ports, to make and transmit a report in writing, bearing date on 
 the first day of January, in the year in which it shall be transmit 
 ted, to the town superintendent of the town from which such 
 neighborhood shall be set off, specifying the number of children 
 over the age of four and under twenty-one years, residing in such 
 neighborhood, the amount of moneys received from the town su 
 perintendent since the date of last report, and the manner in which 
 the same has been expended. 
 
 No. 143 [ 123.] Every trustee of a school district, or sepa 
 rate neighborhood, who shall wilfully sign a false report to the 
 town superintendent of his town, with the intent of causing such 
 town superintendent to apportion and pay to his district or neigh 
 borhood, a larger sum than its just proportion of the school moneys 
 of the town, shall for each offence, forfeit the sum of twenty-five 
 dollars, and shall also be deemed guilty of a misdemeanor. 
 
 No. 144 [ 124.] All property now vested in the trustees 
 of any school district, for the use of schools in the district, or 
 which may be hereafter transferred to such trustees for that pur 
 pose, shall be held by them as a corporation. 
 
 No. 145 [ 125.] The trustees of each school district shall, 
 once in each year render to the district, at its annual district 
 meeting, a just and true account in writing, of all moneys re 
 ceived by them respectively for the use of their district ; and of 
 
124 
 
 the manner in which the same shall have been expended, which 
 account shall be delivered to the district clerk, and be filed and 
 recorded by him. 
 
 No. J46 [ 126.] Any balance of such moneys, which shall 
 appear from such account to remain in the hands of the trustees, 
 or either of them, at the time of rendering the account, shall im 
 mediately be paid to some one or more of their successors in 
 office. 
 
 No. 147 [ 127.] Every trustee who shall refuse or neglect 
 to render such account, or to pay over any balance so found in his 
 hands, shall for each offence forfeit the sum of twenty-five dollars. 
 
 No. 148 [ 128.] It shall be the duty of his successors in 
 office to prosecute, without delay, in their name of office, for the 
 recovery of such forfeiture ; arid the moneys recovered shall be 
 applied by them to the use and benefit of their district schools. 
 
 No. 149 [ 129.] Such successors shall also have the same 
 remedies for the recovery of any unpaid balance in the hands of 
 a former trustee, or his representatives, as are given to the town 
 superintendent againt a former town superintendent and his re 
 presentatives; and the moneys recovered shall be applied by them 
 to the use of their district, in the same manner as if they had been 
 paid without suit. 
 
 No. 150 [ 130.] Every trustee of a school district who 
 shall, while in office, neglect or refuse annually to render an ac 
 count of the moneys received by him as such trustee, shall for 
 each offence forfeit the sum of twenty-five dollars; and it shall be 
 the duty of the town superintendent of the town in which such 
 trustee may reside, to prosecute, without delay, in his name of 
 office, for the recovery of such forfeiture; and the moneys recov 
 ered shall be applied by such superintendent to the use and bene 
 fit of the district school of the district to which such defaulting 
 trustee shall belong. 
 
 No. 151 [ J3L] Such town superintendent shall also have 
 the same remedies for the recovery of any unpaid balance of 
 moneys, in the hands of such delinquent trustee, in office, as are 
 given to the town superintendents in office, against a former town 
 superintendent; and the moneys recovered shall be applied by 
 such town superintendent to the use of the district to which the 
 same may belong, and be paid over to the trustee or trustees of 
 such district, who are not in default. 
 
 No. 152 [ 132.] Any person conceiving himself aggrieved 
 in consequence of any decision made, 
 
 1. By any school district meeting. 
 
 2. By the town superintendent in the forming or altering, or m 
 refusing to form or alter any school district, or in refusing to pay 
 any school moneys to any such district : 
 
 3. By the trustees of any district, in paying any teacher, or 
 refusing to pay him, or in refusing to admit any scholar gratuitously 
 into any school : 
 
125 
 
 
 
 4. Or concerning any other matter under the present title may 
 appeal to the superintendent, who is hereby authorized and 
 required to examine and decide the same, and the decision of the 
 state superintendent shall be final and conclusive. 
 
 Of school district libraries* 
 
 No. 153 [ 133.] The taxable inhabitants of each school 
 district in the state, shall have power when lawfully assembled at 
 any district meeting, to lay a tax on the district not exceeding ten 
 dollars in any one year, for the purchase of a district library, - 
 consisting of such books as they shall in their district meeting 
 direct, and such further sum as they may deem necessary for 
 the purchase of a book case : The intention to propose such 
 tax, shall be stated in the notice required to be given of such 
 meeting. 
 
 No. 154 [ 135. The taxes authorized by the foregoing sec 
 tion to be raised, shall be assessed and collected in the same man 
 ner as a tax for building a school house. 
 
 No. 155 [ 136.] The sum of fifty-five thousand dollars, di 
 rected to be distributed to the several school districts of this state, 
 by the fourth section of chapter two hundred and thirty-seven of 
 the laws of eighteen hundred and thirty-eight shall continue to be 
 applied to the purchase of books for a district library, until other 
 wise directed ; but whenever the number of volumes in the district 
 library of any district, numbering over fifty children between the 
 ages of five and sixteen years, shall exceed one hundred and twen 
 ty-five ; or of any district numbering fifty children or less, between 
 the said ages, shall exceed on hundred volumes, the inhabitants of 
 the district qualified to vote therein, may, at a special or annual 
 meeting duly notified for that purpose, by a majority of votes, ap 
 propriate the whole, or any part of the library money belonging to 
 the district for the current year, to the purchase of maps, globes, 
 black boards, or other scientific apparatus, for the use of the school : 
 And in every district having the required number of volumes in 
 the district library, and the maps, globes, black-boards, and other 
 apparatus aforesaid, the said moneys, with the approbation of the 
 state superintendent, may be applied to the payment of teach 
 ers wages. 
 
 No. 156 [ 137.] The trustees of every school district shall 
 be trustees of the library of such district ; and the property of 
 all books therein, and of the case and other appurtenances thereof, 
 shall be deemed to be vested in such trustees, so as to enable 
 them to maintain any action in relation to the same : It shall be 
 their duty to preserve such books and keep them in repair; and 
 the expenses incurred for that purpose, may be included in any 
 tax list to be made out by them as trustees of a district, and ad 
 ded to any tax voted by a district meeting, and shall be collected 
 and paid over in the same manner : The librarian of any district 
 
126 
 
 library shall be subject to the directions of the trustees thereof, 
 in all matters relating to the preservation of the books and appur 
 tenances of the library, and may be removed from office by them 
 for wilful disobedience of such directions, or for any wilful 
 neglect of duty. 
 
 l\ r o. 157 [ 138.] Trustees of school districts shall be liable 
 to their successors for any neglect or omission, in relation to the 
 care and superintendence of district libraries, by which any books 
 therein are lost or injured, to the full amount of such loss or 
 injury in an action on the case, to be brought by such success 
 ors in their name of office. 
 
 JVo. 158 [ 139.] A set of general regulations respecting 
 the preservation of school district libraries, the delivery of them 
 by librarians and trustees to their successors in office, the use of 
 them by the inhabitants of the district, the number of volumes to 
 be taken by any one person at any one time or during any term, 
 the periods of their return, the fines and penalties that may be 
 imposed by the trustees of such libraries for not returning, for 
 losing or destroying any of the books therein, or for soiling de 
 facing, or injuring them, and the conditions upon which any 
 school district may apply the library money to the payment of 
 teachers wages, may be framed by the state superintendent, and 
 printed copies thereof shall be furnished to each school district 
 of the state; which regulations shall be obligatory upon all per 
 sons and officers having charge of such libraries, or using or pos 
 sessing any of the books thereof. Such fines may be recovered 
 in an action of debt, in the name of the trustees of any such libra 
 ry, of the person on whom they are imposed, except such person 
 be a minor ; in which case they may be recovered of the parent 
 or guardian of such minor, unless notice in writing shall have been 
 given by such parent or guardian to the trustees of such library, 
 that they will not be responsible for any books delivered such mi 
 nor : And persons with whom such minors reside shall be liable 
 in the same manner and to the same extent, in cases where the pa 
 rent of such minor does not re.-ide in the district. 
 
 No. 159 [ 140.] Any person conceiving himself aggrieved 
 by any act or decision of any trustees of school districts, concern 
 ing district libraries, or the books therein, or the use of such 
 books, or of any librarian, or of any district meeting in relation 
 to their school library, may appeal to the state superintendent in 
 the same manner as provided by law. 
 
 Ao. 169 [ 141.] The legal voters in any two or more ad 
 joining districts may, in such cases as may be approved by the 
 town superintendent, unite their library moneys and funds as thej 
 shall be received or collected, and purchase a joint library for the 
 use of the inhabitants of such districts, which shall be selected by 
 the trustees thereof, or by such persons as they shall designate, 
 and shall be under the charge of a librarian to be appointed by 
 
127 
 
 them ; and the foregoing provisions of this act shall be applicable 
 to the said joint libraries, except that the property in them shall 
 be deemed to be vested in all the trustees, for the time being, of 
 the districts so united. And in case any such district thall de 
 sire to divide such library, such division shall be made by the 
 trustees of the two districts whose libraries are so united, and in 
 case they cannot agree, then such division shall be made by the 
 town superintendent. 
 
 iVo. 101 [ 142.] Where, by reason of the non-compliance 
 with the conditions prescribed by law, the library money shull be 
 withheld from any school district, the same may be distributed 
 among other districts complying with such conditions, or may be 
 retained and paid subsequently to the district from which the 
 same was withheld, as shall be directed by the state superintend 
 ent according to the circumstances of the case. 
 
 No. 162 [ 143.] The state superintendent whenever re 
 quested by the trustees of a school district, under the directions 
 of the legal voters of such district, may select a library for their 
 use, and cause the same to be delivered to the clerk of the county 
 in which such district is situated, at its expense. 
 
 ARTICLE SIXTH. 
 
 Of certain duties of the county clerics. 
 
 SEC. 172. County clerk to report to the superintendent of com 
 mon schools ; what, and when. 
 
 SEC. 173. Forfeiture for neglecting it. 
 
 SEC. 174. Who to prosecute for it, and where paid when recov 
 ered. 
 
 SEC. 175. Duty of county clerk when commissioners [town su 
 perintendents] do not report. 
 
 No. 163 172. [ 112.] It shall be the duty of each county 
 clerk, between the first day of August and the first day of October, 
 in every year, to make and transmit to the superintendent of com 
 mon schools, a report in writing, containing the whole number of 
 towns in his county, distinguishing the towns from which the ne 
 cessary reports hfive been made to him by the town superintend 
 ent of common schools, and containing abstracts of all such re 
 ports in such form as the state superintendent shall direct. 
 
 Ac. 164 173. [ 113.] Kvery clerk who shall refuse or 
 neglect to make such report, within the period so limited, shall, 
 for each offence, forfeit the sum of one hundred dollars to the use 
 of the school fund of the state. 
 
 No. 165 174. [ 114.] It shall be the duty of the superin 
 tendent of common schools to prosecute without delay, in his 
 name of office, for such forfeiture, and to pay the moneys recov 
 ered, into the treasury of the state, to the credit of the school fund, 
 
128 
 
 No. 166 [ 144.] It shrill be the duty of each county clerk, 
 immediately after the first day of August in every year, in c;ise the 
 town superintendent of any town in his county shall have neglect 
 ed to make to him his annual report, to give notice of such neglect 
 to the clerk of the town, who shall immediately notify such town 
 superintendent for the purpose of making his report. 1 
 
 Miscellaneous provisions connected with the foregoing articles. 
 
 No. 167 [ 1.] Common schools in the several school dis 
 tricts in this state shall be free to all persons residing in the dis 
 trict over five and under twenty-one years of age, as herein [before] 
 provided. Persons not resident of a district may be admitted in 
 to the schools kept therein, with the approbation in writing of the 
 trustees thereof, or a majority of them. 2 
 
 No. 168 [145.] Town superintendents, trustees, collectors 
 and clerks of school districts, refusing or wilfully neglecting to 
 make any report, or to perform any other duty required by law, 
 or by regulations or decisions made under the authority of any 
 statute, shall severally forfeit to their town, or to their district as 
 the case may be, for the use of the common schools therein, the 
 sum often dollars for each such neglect or refusal, which penalty 
 shall be sued for and collected by the supervisor of the town, and 
 paid over to the proper officers to be distributed for the benefit of 
 the common schools in the town or district to which such penalty 
 belongs; and when the share of school or library money appor 
 tioned to any town or district, or school, or any portions thereof, 
 or any money to which a town or district would have been entitled, 
 shall be lost in consequence of any wilful neglect of official duty 
 by any town superintendent or trustees or clerks of school dis 
 tricts, the officers guilty of such neglect shall forfeit to the town 
 or district the full amount, with interest, of the moneys so lost ; 
 and they shall be jointly and severally liable for the payment of 
 such forfeiture. 
 
 No. 169 [ 146.] In any suit which shall hereafter be com 
 menced against town superintendents or officers of school districts , 
 for any act performed by virtue of, or under color of their offices, 
 or for any refusal or omission to perform any duty enjoined by law, 
 and which might have been the subject of an appeal to the super 
 intendent, no costs shall be allowed to the plaintiff in cases where 
 the court shall certify that it appeared on the trial of the cause 
 that the defendants acted in good faith. But this provision shall 
 not extend to suits for penalties, nor to suits or proceedings to en 
 force the decisions of the superintendent. 
 
 No. 170 [ l.]o Whenever a suit shall have been commen 
 ced or shall hereafter be commenced against the trustees of a 
 
 (1) Laws of 1847, chap. 480, 144. (2) Laws of 1851, chap. 151, 1. 
 (a) Laws of J847, chap. 172, 1, 2, 8, 4. Laws of 1849, chap. 388. 
 
129 
 
 school district in consequence of acts by them performed in pur 
 suance of and by the direction of such district, for any act per 
 formed by virtue of, or under color of their office, and such suit 
 shall have been finally determined, or whenever, after the final 
 determination of any suit commenced by or against any trustees or 
 other officers of a school district, a majority of the taxable inhab 
 itants of any school district shall so determine, it shall be the duty 
 of the trustees to ascertain in the manner hereinafter described, 
 the actual amount of all the costs, charges and expenses paid by 
 such officer, and to cause the same to be assessed upon and col 
 lected of the taxable inhabitants of said district in the same man 
 ner as other taxes of said district are by law assessed and collected, 
 and when so collected, to pay the same over to the officer by 
 virtue of this act entitled to receive the same ; but this provision 
 shall not extend to suits for penalties, nor suits or proceedings to 
 enforce the decisions of the superintendent. 
 
 No. 171 [ 2.] Whenever any person mentioned in the first 
 section of this act shall have paid any costs, charges or expenses 
 as mentioned in said first section, he shall make out an account 
 of such charges, costs and expenses so paid by him, giving the 
 items thereof, and verify the same by his oath or affirmation ; he 
 shall serve a copy of said account so sworn to, upon the trustees 
 of the district against which such claim shall be made, together 
 with a notice in writing that on a certain day therein specified, he 
 will present such account to the board of supervisors of the county 
 in which such school district shall be situated, for settlement at 
 some legal meeting of such board ; and it shall be the duty of the 
 officer upon whom such copy, account and notice shall be served, 
 to attend at the time and place in such notice specified, to pro 
 tect the rights and interests of such district upon such settle 
 ment. 
 
 No. 172 [ 3.] Upon the appearance of the parties, or upon 
 due proof of service of the notice and copy of account mentioned 
 in the second section of this act, if the said board shall be of opinion 
 that such account or any portion thereof ought justly to bepaid.to 
 the claimant, such board may by an order to be made by a majority 
 of all the members elected to the same, and to be entered in its 
 minutes, require such account or such part thereof as such board 
 shall be of opinion ought justly to be paid to the claimant, by 
 such district to be so paid; but no portion of such account shall 
 be so ordered to be paid which shall appear to the said board to 
 have arisen from the wilful neglect or misconduct of the claimant. 
 The account, with the oath of the party claiming the same, shall 
 be prima facie evidence of the correctness thereof. The board 
 may adjourn the hearing from time to time as justice shall seem 
 to require. 
 
 No. 173 [ 4.] It shall be the duty of the trustees of any 
 school district, within thirty days after service of a copy of such 
 9 
 
130 
 
 order upon them to cause the same to be entered at length in the 
 book of records of said district, and to issue to the collector of 
 said district a warrant for the collection of the amount so directed 
 to be paid, in the same manner and with the like force and effect 
 as upon a tax voted by said district. 
 
 No. 174 [ l.]b No person shall wilfully disturb, interrupt 
 or disquiet any assemblage of persons met at any school district, 
 with the assent of the trustees of the school district, for the pur 
 pose of receiving instruction in any of the branches of education 
 usually taught in the common schools of this state, or in the 
 science of music. 
 
 No. 175 [ 2.] Whoever shall violate the provisions of the 
 foregoing section, may be tried before any justice of the peace of 
 the county, or any mayor, alderman, recorder, or other magistrate 
 of any city where the offence shall be committed ; and upon con 
 viction, shall forfeit a sum not exceeding twenty-five dollars, for 
 the use and benefit of the school district in which such offence 
 shall be committed. 
 
 No. 176 [ 3.] It shall be the duty of the trustees of any 
 school district in which any such offence shall be committed, to 
 prosecute such offender before any officer having cognizance of 
 such offence. 
 
 No. 177 [ 4.] If any person convicted of the offence here 
 in prohibited, shall not immediately pay the penalty incurred, 
 with the costs of conviction, or give security, to the satisfaction of 
 the officer before whom such conviction shall be had, for the pay 
 ment of the said penalty and costs within twenty days thereafter, 
 he shall be committed by warrant to the common jail of the county, 
 until the same be paid, or for such term, not exceeding thirty 
 days, as shall be specified in such warrant. 
 
 No. 178 [ 5.] It shall and may be lawful for any person 
 who may be complained of for a violation of the provisions of this 
 act, to demand of such magistrate that he may be tried by a jury. 
 Upon such demand, it shall be the duty of such officer to issue a 
 venire to the proper officer, commanding him to summon the same 
 number of jurors, and in the same manner, and the said court 
 shall proceed to empannel a jury for the trial of said cause, in the 
 same manner and subject to all the rules and regulations prescrib 
 ed in the act providing for the trials by jury in courts of special 
 sessions. 
 
 No. 179 [ 147.] A school for colored children may be es 
 tablished in any city or town of this state, with the approbation of the 
 commissioners or town superintendent of such city or town, which 
 shall be under the charge of the trustees of the district in which 
 such school shall be kept ; and in places where no school dis 
 tricts exist, or where from any cause it may be expedient, such 
 
 (6) Laws of 1846, chap. 228, 1, 2, 3, 4, 5. 
 
131 
 
 school may be placed in charge of trustees to be appointed by the 
 commissioners or town superintendent of common schools of the 
 town or city, and if there be none, to be appointed by the state su 
 perintendent. Returns shall be made by the trustees of such 
 school to the town superintendent at the same time and in the same 
 manner as now provided by law in relation to districts ; and they 
 shall particularly specify the number of colored children over four 
 and under twenty-one years of age, attending such school from dif 
 ferent districts, naming such districts respectively, and the number 
 from each. The town superintendent shall apportion and pay over to 
 the trustees of such schools, a portion of the money received by them 
 annually, in the same manner as now provided by law in respect 
 to school districts, allowing to such schools the proper proportion 
 for each child over four and under twenty-one years, who shall 
 have been instructed in such school at least four months by a 
 teacher duly licensed, and shall deduct such proportion from the 
 amount that would have been apportioned to the district to which 
 such children belong ; and in his report to the state superintend 
 ent, the town superintendent shall specially designate the schools 
 for colored children in his town or city. 
 
 No. 180 [ 15.] Whenever it shall be satisfactorily proven 
 to the state superintendent that any county or town superintendent 
 or other school officer, has embezzled the public money, or any 
 money coming into his hands for school purposes, or has been 
 guilty of the wilful violation of any law, or neglect of any duty, or 
 of disobeying any decision, order or regulation of the department 
 of common schools, the state superintendent is hereby anthorized to 
 remove such officer from such office, by an order under the seal of 
 office of the secretary of state. l 
 
 No. 181. [148.] The state superintendent may cause to be 
 printed a sufficient number of forms of reports by trustees of school 
 districts and town superintendents and of lists of pupils attending 
 schools, and cause them to be transmitted to the several county 
 clerks, for the use of those officers and of teachers of schools ; and 
 he shall cause title second of chapter fifteen and part first of the 
 Revised Statutes to be printed, and shall insert therein all acts and 
 pares of acts which have been passed by the legislature, connected 
 with the subjects of the said title, which are now in force; and 
 where any provisions of the said title have been altered by the 
 subsequent acts, such provisions shall be varied so as to make 
 them conformable to such alterations ; but the original numbers of 
 the sections shall be indicated in such mode as he shall judge pro 
 per, except as herein amended or altered. Copies of the said title 
 so amended shall be transmitted to the town superintendent, and 
 all other officers charged with the performance of any duty under 
 its provisions, with such explanations and instructions as may be 
 deemed expedient. 
 
 (1) Chap. 382, Laws of 1849, 15. 
 
132 
 
 No. 182 [150.] All such provisions of law as are repugnant 
 to or inconsistent with the provisions of this title, are hereby repeal 
 ed; but nothing herein contained shall be so construed as to 
 impair or affect any of the local provisions respecting the organ 
 ization and management of schools in any of the incorporated 
 cities or villages or towns of this state, except as the same are 
 affected by the preceding sections of this act. 
 
 Town School Funds. 
 
 The acts passed in 1789 for the sale of lands belonging to the 
 people of this State, required the Surveyor General to reserve in 
 each township, one lot for the support of the gospel, and one lot 
 for the use of schools in such township. 
 
 The following is a list of the principal reservations of this nature, 
 viz : 
 
 One lot of 550 acres, in each of the twenty-eight townships in 
 the Military tract. 
 
 Forty lots of 250 acres each, in each of the twenty townships 
 west of the Unadilla river, being ten thousand acres. 
 
 One lot of 640 acres each, in each of the townships of Fayette, 
 Clinton, Greene, Warren, Chenango, Sidney and Hampden, then 
 in the counties of Broome and Chenango. 
 
 Ten lots of 640 acres each, in the townships along the St. 
 Lawrence. 
 
 Sixteen lots of 640 acres each in Totten and Crossfield s pur 
 chase. 
 
 In the township of Plattsburgh 400 acres were reserved for the 
 use of a minister of the gospel, and 460 acres for the use of a pub 
 lic school or schools in the said township. 
 
 In the township of Benson 640 acres were reserved for gospel 
 and schools. 
 
 By an act passed in 1798, in relation to gospel and school lots, 
 it is provided " that the moneys arising from the leasing of the 
 said lots of land as aforesaid, and from the trespasses aforesaid, 
 shall be applied to the use of schools or support of the gospel, in 
 the original townships, as surveyed, in which such lots shall be 
 respectively situated, and for no other purpose ; which said ap 
 plication shall be made, either for schools or gospel or both, and 
 in such way and manner as the freeholders and inhabitants of the 
 towns in which the same lands shall lie, shall in legal town meet 
 ing, from time to time direct, order and appoint." 
 
 By an act passed in 1808, the act of 1798 was extended to all 
 the townships where lots of land are reserved for the support of gos 
 pel and schools, and the following provision was added : 
 
 " 1 . Be it enacted, fyc., That the moneys arising from the an 
 nual rents and profits of the gospel lots in each township, shall be 
 equally divided by the supervisor and commissioners appointed in 
 each township, between the several religious societies legally or 
 ganized in such township, and that the money arising from the 
 
133 
 
 annual rents and profits of the several school lots shall be distri 
 buted among the schools kept in each respective township, by 
 teachers to be approved of by the supervisor and commissioners 
 constituted by the act to which this is an amendment, or a majority 
 of them in said township, in proportion to the aggregate number of 
 days which the scholars in each respective school shall have res 
 pectively attended such schools in the year immediately preceding 
 such division." 
 
 The fourth section of an act concerning the gospel and school 
 lots passed in 1813, is as follows : 
 
 " And be it further enacted, That the rents, issues, and profits 
 of the aforesaid lands, and the annual interest of the moneys arising 
 from the sale thereof, shall be applied by the said trustees for the 
 time being, to the support of the gospel and schools in their several 
 towns in such manner, as the freeholders and inhabitants of the 
 towns respectively, at their annual town meeting, shall order and 
 direct, or as the legislature shall prescribe by law." Session Laws 
 of 1813, p. 157. 
 
 In 1819, an act was passed in relation to the gospel and school 
 lots which contains the following section : 
 
 "2. And be it further enacted. That all moneys now due or 
 hereafter to become due, and which shall have come into the hands 
 of the aforesaid commissioners of public lots, and have not been 
 applied and paid over to religious societies, shall be apportioned 
 among the several school districts in the several towns of the afore 
 mentioned counties, [Onondaga, Cayuga and Seneca] anything 
 in the acts heretofore passed to the contrary notwithstanding." 
 
 By section first of chapter 186, Laws of 1846, (No. 31 ante) 
 " the office of trustees of the gospel and school lots in the several 
 towns in this state is hereby abolished ; and the powers and duties 
 now by law conferred and imposed upon said trustees, shall here 
 after be exercised by the town superintendent of common schools." 
 
 By the provisions of chapter XV, Title IV, of Part I of the 
 Revised Statutes, the trustees of the several Gospel and school 
 lots were authorized and required, 
 
 "1. To take and hold possession of the gospel and school lot 
 of their town : 
 
 " 2. To lease the same for such time not exceeding twenty-one 
 years, and upon such conditions as they shall deem expedient : 
 
 11 3. To sell the same with the advice and consent of the 
 inhabitants of the town, in town meeting assembled,for such prices 
 and upon such terms of credit as shall appear to them most advan 
 tageous : 
 
 "4. To invest the proceeds of such sales in loans secured by 
 bond and mortgage upon unincumbered real property of the value 
 of double the amount loaned. 
 
 " 5. To purchase property so mortgaged upon a fore-closure, 
 and to hold and convey ^the property so purchased, whenever it shall 
 become necessary. 
 
134 
 
 "6. To release the amount of such loans repaid to them, upon 
 the like security. 
 
 " 7. To apply the rents and profits of such lots, and the inter 
 est of the money arising from the sale thereof, to the support of 
 the gospel and schools, or either, as may be provided by law, in 
 such manner as shall be thus provided. 
 
 " 8. To render a just and true account of the proceeds of the 
 sales, and the interest on the loans thereof, and of the rents and 
 profits of such gospel and school lots, and of the expenditure and 
 appropriation thereof, on the last Tuesday next preceding the 
 annual town meeting in each year, to the board of auditors of the 
 accounts of other town officers. 
 
 " 9. To deliver over to their successors in office, all books, 
 papers and securities relating to the same, at the expiration of 
 their respective offices : and 
 
 " 10. To take therefor a receipt, which shall be filed in the 
 clerk s office of the town. 
 
 " 4. The board of auditors in each town shall annually report 
 the state of the accounts of the trustees of the gospel and school 
 lots in that town, to the inhabitants thereof, at their annual town 
 meeting. 
 
 " 5. Whenever a town having lands assigned to it for. the 
 support of the gospel or of schools, shall be divided into two or 
 more towns, or shall be altered in its limits by the annexing of a 
 part of its territory to another town or towns, such lands shall be 
 sold by the trustees [town superintendent] of the town in which 
 such lands were included immediately before such division or 
 alteration ; and the proceds thereof shall be apportioned between 
 the towns interested therein in the same manner as the other public 
 moneys, of towns, so divided or altered, are apportioned. 
 
 " 6. The shares of such moneys to which the towns shall be 
 respectively entitled, shall be paid to the trustees of the gospel and 
 school lots [Town Superintendents] of the respective towns, and 
 shall thereafter be subject to the provisions of this Title.- [, ... ; 
 
 " 7. If in either of such towns, trustees of gospel and school 
 lots [Town Superintendents] shall not have been chosen, or there 
 be none in office, the share of such town shall be paid to the 
 supervisor." 
 
 An Act relative to moneys in the hands of Overseers of the Poor. 
 PASSED April 27, 1829. 
 
 1. It shall be lawful for the inhabitants of any town, in such 
 counties as have abolished the distinction between county and town 
 paupers, and in such counties as may hereafter abolish such dis 
 tinction, at any annual or special town meeting, to appropriate all 
 or any part of the monies and funds remaining in the hands of the 
 overseers of the poor of such town, after such abolition, to such 
 objects and for such purposes as shall be determined at such meet 
 ing. 
 
135 
 
 2. If any such meeting shall appropriate any such money or 
 funds for the benefit of common schools in their town, the money so 
 appropriated shall be denominated " the Common School Fund of 
 such town," and shall be under the care and superintendence of the 
 [Town Superintendent] of Common Schools of said town. 
 
 3. If any such meeting shall appropriate such money or 
 funds for the benefit of common schools, after such appropriaticn 
 shall have been made, and after the town superintendent of com 
 mon schools shall have taken the oath of office, the overseers of 
 the poor of such towns shall then pay over and deliver to the said 
 town superintendent such moneys, bonds, mortgages, notes and 
 other securities remaining in their hands as such overseers of the 
 poor, as will comport with the appropriation made for the benefit 
 of common schools of their town. 
 
 4. The said town superintendents of common schools may sue 
 for and collect, in their name of office, the money due or to be 
 come due on such bonds, mortgages, notes or other securities, and 
 also all other securities by them taken under the provisions of this 
 act. 
 
 5. The monies, bonds, mortgages, notes and other securities 
 aforesaid shall continue and be a permanent fund, to be denomina 
 ted the common school fund of the town appropriating the same, 
 the annual interest of which shall be applied to the support of 
 common schools in such towns, unless the inhabitants of such town, 
 in annual town meeting, shall make a different disposition of the 
 whole of the principal and interest, or any part thereof, for the 
 benefit of the common schools of such town. 
 
 6. The said town superintendents of common schools , when 
 ever the whole or any part of the principal of said fund shall come 
 to their hands, shall loan the same on bond, secured by a mortgage 
 on real estate of double the value of the monies so loaned, exclu 
 sive of buildings or artificial erections thereon. 
 
 7. The said town superintendents of common schools may 
 purchase in the estate on which the fund shall have been secured, 
 upon the foreclosure of any mortgage, and may hold and convey 
 the same for the use of said fund. 
 
 8. The said town superintendents of common schools shall 
 retain the interest of said common school fund, which shall be dis 
 tributed and applied to the support of common schools of such 
 town, in like manner as the public money for the support of com 
 mon schools shall be distributed by law 
 
 9. The said town superintendents of common schools shall 
 account annually, in such manner and at such times as town offi 
 cers are required by law to account, and shall deliver to their suc 
 cessors in office all moneys, books, securities and papers whatsoev 
 er relating to said fund, and shall take a receipt therefor, and file 
 the same with the town clerk. 
 
Lewiston School Fund. 
 [Laws of 1826, p. 239. 1 Rev. Stat, 614.] 
 
 1. The property now belonging to the Lewiston School Fund 
 shall remain a continual fund, the interest of which shall be invio 
 lably appropriated to the support of common schools in the village 
 of Lewiston, under the direction of the commissioners of the Lew 
 iston school fund for the time being. 
 
 2. The commissioners of the Lewiston school fund shall not 
 exceed three in number, and shall hold their offices for two years, 
 and until others shall be appointed. In case of vacancies in the 
 office of such commissioners, the vacancies shall be filled and all 
 appointments hereafter be made by the governor and senate, in the 
 same manner that other appointments are made. 
 
 3. All such commissioners hereafter to be appointed, shall 
 continue in office for two years and until others shall be appointed, 
 unless in cases of appointment to fill vacancies, where the term 
 shall expire with that of the other commissioners. 
 
 4. Every person hereafter appointed a commissioner of the 
 Lewiston school fund shall, before he enters on the duties of his 
 office, give to the trustees of the corporation of the village of Lew. 
 iston, a bond in the penalty of fifteen thousand dollars, with two 
 or more sureties, conditioned that he shall faithfully execute the du 
 ties of his office which bond shall be deposited with the clerk of 
 the said corporation. 
 
 5. The commissioners of the Lewiston school fund shall have 
 power and it shall be their duty, 
 
 1. To sell or lease the lots of land in the village of Lewiston, 
 belonging to the said fund, on such terms as they may judge most 
 conducive to the interests of the fund : 
 
 2. To certify to the commissioners of the Land office, on receiv 
 ing payment for such sales, a description of the land sold, the price, 
 the time when sold, the name of the purchasers, and that the con 
 sideration money and interest has been fully paid : 
 
 3. To loan all moneys which may come to their hands, belong 
 ing to the fund : 
 
 4. To take a bond on making such loans to themselves as such 
 commissioners, secured by a mortgage on uuincumbered real prop 
 erty, of at least double the value of the sum loaned, exclusive of 
 buildings: u jto : 
 
 5. To collect all bonds and mortgages or other debts due to the 
 fund: 
 
 6. To pay over to the trustees of common schools in the said 
 village, all moneys received by the commissioners for interest on 
 loans or rents of lands belonging to said fund : 
 
 7. To keep suitable books and accounts of all matters relating 
 to the management of said fund, which shall be open to the inspeo- 
 tion of the inhabitants of the village at all reasonable times: 
 and 
 
137 
 
 8. To deliver, at the expiration of their several offices, to the 
 remaining commissioners or their successors in office, all the books 
 and papers relating to said fund. 
 
 6. Before the trustees of common schools in said village shall 
 be entitled to receive such moneys from the commissioners, the 
 trustees shall execute a bond to the supervisors of the town of Lew- 
 iston, in such penalty and with such sureties as the supervisor shall 
 approve, conditioned that the trustees shall faithfully apply such 
 moneys towards the support of schools in the village of Lewiston, 
 for the benefit of such of its inhabitants as shall have resided in 
 the village at least six months ; and shall render a just aud true 
 account of the expenditure of such moneys to the supervisor, 
 when required. 
 
 7. It shall be the duty of the trustees of the corporation of 
 the village of Lewiston, in case of any breach of the conditions of 
 the bond given by such commissioners, and of the supervisor of the 
 town of Lewiston, in case of any breach of the conditions of the 
 bond given by the trustees of common schools for the village of 
 Lewiston, to sue for and receive on said bonds all damages which 
 may have accrued by such breaches for the use of said schools. 
 
PART III. 
 
 INSTRUCTIONS, DIGEST & EXPOSITION 
 
 OF THE 
 
 !o,^it GENERAL LAWS .^"t^L 
 
 EKLATING TO 
 
 COMMON SCHOOLS. 
 
 WITH FORMS, Ac., FOR THE USE OF SCHOOL OFFICERS. 
 
 CHAPTER I. 
 
 OF THE SCHOOL FUND AND STATE TAX, AND THEIR APPOR 
 TIONMENT AND DISTRIBUTION AMONG THE SEVERAL 
 COUNTIES, CITIES AND TOWNS. 
 
 COMMON SCHOOLS in the several school districts of this state 
 are FREE to all persons residing in the district, over four and under 
 twenty-one years of age ; and all children enumerated in the an 
 nual reports of the trustees of the several districts are legally EN 
 TITLED to attend the schools of such district. Children whose pa 
 rents or guardians are non-residents of the district in which they 
 may desire to attend school, may be admitted into such school, with 
 the approbation in writing of the trustees thereof, or of a majority 
 of them. If any terms of admission are intended to be imposed, 
 other than those common to resident children of the district, such 
 terms must be distinctly specified at the time of such admission : 
 otherwise it will be presumed that the non-resident children so ad 
 mitted are to share in all the privileges of the school with resident 
 children of the district. 
 
 The capital of the common school fund, consisting of the pro 
 ceeds of the sales of all lands belonging to the state, is, by the con 
 stitution, to be " preserved inviolate," and its revenues to be appli 
 ed to the support of common schools. This fund amounted on the 
 30th of September last, to $2,243,563.36 ; consisting of bonds for 
 lands sold, and for loans, bank stock, state stock, &c., yielding an 
 
139 
 
 annual revenue of about $135,000 for distribution among the sev 
 eral school districts. 
 
 By chapter 237 of the Laws of 1838, the sum of 8110,000 
 was annually appropriated from the revenue of the United States 
 Deposite Fund, together with an additional amount of $55,000 for 
 the purchase of district libraries. The aggregate amount therefore 
 to be annually apportioned and distributed from the common school 
 fund is $300,000. The constitution also provides that " the sum 
 of twenty-five thousand dollars of the revenues of the United 
 States Deposite Fund shall each year be appropriated to and made 
 a part of the capital of the said common school fund ;" and by 
 13 of chapter 382 of the laws of 1849, "whenever any money 
 is paid into the treasury of the state for or on account of the com 
 mon school fund, it shall be the duty of the comptroller to credit 
 the common school fund with interest on the sum so paid in, at the 
 rate of six per cent, per annum, for the time the same shall remain 
 in the treasury." 
 
 By the " Act to establish Free Schools throughout the State," it 
 is provided that there shall hereafter be raised by tax, in each and 
 every year, upon the real and personal estate within this state, the 
 sum of eight hundred thousand dollars, to be levied, assessed and 
 collected in the mode prescribed by the revised statutes, relating 
 to the assessment and collection of taxes, and when collected be 
 paid over to the respective county treasurers, subject to the order 
 of the state superintendent of common schools, who is required to 
 ascertain the portion of said sum to be assessed and collected in 
 each of the several counties of this state, by dividing the said sum 
 among the several counties, according to the valuation of real and 
 personal estate therein, as it shall appear by the assessment of the 
 year next preceding the one in which said sum is to be raised, and 
 to certify to the clerk of each county, before the tenth day of July 
 in each year, the amount to be raised by tax in such county ; and 
 it is made the duty of the several county clerks to deliver to the 
 board of supervisors of their respective counties, a copy of such 
 certificate, on the first day of their annual session, and of the board 
 of supervisors to assess such amount upon the real and personal 
 estate of such county, in the manner provided by law for the as 
 sessment and collection of taxes. 
 
 The state superintendent of common schools is required on or 
 before the first day of January in every year, to apportion and 
 divide, one-third of the sum so raised by general tax, and one- 
 third of all other moneys appropriated to the support of common 
 schools, among the several school districts, pars of districts, and 
 separate neighborhoods in this state, from which reports shall have 
 been received in accordance with law, in the following manner, 
 viz : to each separate neighborhood belonging to a school district 
 in some adjoining state, a sum of money equal to thirty-three cents 
 each child in such neighborhood (between the ages of four and 
 nty-one) ; but the sum so to be apportioned and paid to any 
 
140 
 
 such neighborhood, is in no case, to exceed the sum of twenty-four 
 dollars, and the remainder of such one-third is to be apportioned 
 and divided equally among the several districts ; and the state 
 superintendent of common schools is, by proper regulations and 
 instructions to be prescribed by him, is to provide for the payment 
 of such moneys to the trustees of such separate neighborhoods and 
 school districts. It is also the duty of the state superintendent of 
 common schools, on or before the first day of January, in every 
 year, to apportion and divide the remaining two-thirds of the said 
 amount of eight hundred thousand dollars, together with the re 
 maining two-thirds of all other moneys appropriated by the state 
 for the support of common schools among the several counties, 
 cities and towns of the state, in the mode now prescribed by law 
 for the division and apportionment of the income of the common 
 school fund ; and the share of the several towns and wards so ap 
 portioned and divided, is to be paid over, on and after the first 
 Tuesday in February, in each year, to the several town superin 
 tendents of common schools, and ward or city officers, entitled by 
 law to receive the same. 
 
 When the census, or returns, upon which an apportionment is 
 to be made, shall be so far defective, in respect to any county, city, 
 or town, as to render it impracticable for the superintendent to 
 ascertain the share of school moneys, which ought then to be ap 
 portioned to such county, city, or town, he is required to ascer 
 tain, by the best evidence in his power, the facts upon which the 
 ratio of such apportionment shall depend, and to make the ap 
 portionment accordingly ; and whenever, in consequence of the 
 division of a town, or the erection of a new town, in any county, 
 the apportionment then in force shall become unjust, as between 
 two or more of the towns of such county, he is required to make 
 a new apportionment of the school moneys next to be distributed 
 amongst such towns, ascertaining by the best evidence in his 
 power, the facts upon which the ratio of apportionment as to such 
 towns, shall depend. He is also to certify each apportionment 
 made by him, to the comptroller. 
 
 Under these provisions the sum of SI, 100, 000 is annually to be 
 apportioned by the state superintendent among the several counties, 
 cities and towns, for the support of common schools ; of which the 
 sum of $55,000 is to be applied to library purposes, and the residue 
 exclusively to the payment of the wages of duly qualified teachers, 
 in the mode prescribed by law. 
 
 Treasurers of counties have no right to deduct from the amount 
 of the school moneys apportioned to each town a commission of 
 one per cent. They are unquestionably entitled to such a com 
 mission undej 26, 1 R. S. 370 on the moneys received 
 and paid by them for the use of the common schools ; but 
 they have no right to diminish the amount of the moneys 
 placed in their hands for distribution, under an apportionment by 
 the superintendent. Their commission is a charge upon the county, 
 and not upon the common school fund. Com. School Dec. 279. 
 
141 
 
 In addition to the funds thus provided by the general law, a 
 large proportion of the towns are annually in the receipt of local 
 funds, arising from the proceeds of the sales or leases of gospel and 
 school lots belonging to such towns, reserved under an act passed 
 in 1789, by the surveyor-general in the original allotment of town 
 ships ; from the appropriation of moneys remaining in the hands of 
 the overseer of the poor of towns in those counties in which the 
 distinction between town and county paupers has been abolished, 
 to the support of the schools, by a vote of the inhabitants at their 
 annual town meeting; and in some instances from testamentary 
 bequests and voluntary donations, for the benefit of common schools. 
 In most of the cities of the state, too, as will be seen hereafter, 
 large sums are directed by special acts to be raised for the support 
 of the public schools. 
 
 CHAPTER II. 
 
 TOWN SUPERINTENDENTS OF COMMON SCHOOLS. 
 
 By the first section of chap. 133, Laws of 1843, the offices of 
 Commissioners and Inspectors of common schools were abolished ; 
 arid by the first section of chap. 480, Laws of 1847, it is provided 
 that there shall hereafter be elected in each of the towns of this 
 state, at the same time and in the same manner that other town of 
 ficers are chosen, an officer to be denominated " Town Superin- 
 endent of common schools." It is his duty, on or before the 
 first Monday of November after his election, to execute to the su 
 pervisor of his town and file with the town clerk, a bond, with one 
 or more sufficient sureties, to be approved of by said supervisor 
 by endorsement over his signature on said bond, in the penalty of 
 double the amount o? school money which his town received from 
 all sources during the year preceding that for which he shall have 
 been elected, conditioned for the faithful application and legal dis 
 bursement of all the school money coming into his hands during 
 his term of office, and for the faithful discharge of all the duties 
 of said office. In case such bond shall not be executed and filed 
 within the time herein specified, the office of such Town Superin 
 tendent is to be deemed vacant, and such or any other vacancy 
 is to be filled by any three Justices of the Peace of the same town, 
 by a warrant under their hands and seals ; and the persons so ap 
 pointed are, (by the provisions of 14, chap. 382, Laws of 1849,) 
 to hold their offices until the first Monday of November following 
 the next annual town meeting. The justices making such appoint 
 ment are to cause their warrant to be filed with the town clerk, 
 and to give immediate notice to the person appointed. 
 
142 
 
 If there are less than three justices residing in the town in 
 which such vacancy occurs, the resident justice or justices may as 
 sociate with themselves one or more justices from any adjoining 
 town. 1 Rev. St. 398, 56. 
 
 Every town superintendent is required on the execution of his 
 bond, as above provided, to enter upon the duties of his office on 
 ihejirst Monday of November succeeding his election, and is to 
 hold his office for two years thereafter; and whenever the office 
 of town superintendent shall be vacant for any cause, or before the 
 time of the annual town meeting, shall be held by a person ap 
 pointed by the Justices as above provided, the electors of the town 
 at such town meeting are required to choose a town superintend 
 ent to fill such vacancy or to supercede such appointee ; and the 
 person so elected is to enter upon the duties of the office on the 
 first Monday of November following his election, and to hold his 
 office for the term of two years. 
 
 In the interim between the town meeting and the first Monday 
 of November following, the office is to be filled by appointment by 
 the Justices. 
 
 Town superintendents are declared by law to be ineligible to 
 the offices of Trustee of School District, Supervisor, or Town 
 Clerk. 
 
 The powers and duties formerly by law conferred upon the 
 trustees of the Gospel and school lots in the several towns of the 
 state, are, by the first section of chap. 186, Laws of 1846, vested 
 in and to be exercised by town superintendents. 
 
 Town superintendents are entitled to receive SI, 25 per day for 
 every day actually and necessarily devoted by them, in their offi 
 cial capacity, to the service of the town in which they are elected, 
 to be paid in like manner as other town officers are paid. 
 
 Town superintendents are required, immediately after the com 
 mencement of their official term, to report their names and post of 
 fice address to the Department. 
 
 The various powers and duties appertaining to the office of 
 Town Superintendents, may be arranged under the following 
 heads : 
 
 1st. The formation and alteration of districts. 
 
 2d. The apportionment and payment of public money. 
 
 3d. The inspection and licensing of teachers, and the visitation 
 and supervision of schools. 
 
 4th. The making and transmission of their annual reports. 
 
 5th. The collection of certain penalties and forfeitures. 
 
 6th. Miscellaneous duties under various provisions of law. 
 
 I. OF THE FORMATION AND ALTERATION OF SCHOOL DISTRICTS. 
 
 By the 43d section of the act of 1847, above referred to, it is 
 provided that " in the erection or alteration of a school district, the 
 trustees of any district to be affected thereby may apply to the su 
 pervisor and town clerk to be associated with the Town Superin- 
 
143 
 
 tendent ; and their action shall be final unless duly appealed from. 
 The compensation of the supervisor and town clerk, when thus as 
 sociated, shall be the same as that of the Town Superintendent." 
 The various remarks under this head will therefc 
 as well to the action of the town supervisor, superintendent and 
 clerk, when associated together by virtue of this provision, as to 
 that of the Town Superintendent alone ; although for the sake of 
 brevity and simplicity the latter only is referred to. 
 
 It is proper, however, in this connection to advert to the general 
 duties of the town clerk, in his capacity as clerk to the Town Su 
 perintendent, independently of the provision above cited. By the 
 32d section of the school act (No. 00) he is required * to receive 
 and keep all reports made to the Town Superintendent from the 
 trustees of school districts^and all the books and papers belonging 
 to the Town Superintendent when required, and to file them in 
 his office ; to receive all his estimates and apportionments of school 
 money, and to record the same in a book to be kept for that pur 
 pose ; and to notify the Town Superintendent, upon receiving no 
 tice from the county clerk, that he has not made his annual report, 
 for the purpose of making such report." 
 
 Consent of Trustees, and Notice of Alteration. 
 
 By the 45th section of the school act (No. 71) it is provided 
 that " no alteration of any school district made without the consent 
 of the trustees thereof, shall take effect until three months after 
 notice in writing shall be given by the Town Superintendent, to 
 some one or more :j ^f such trustees. Nor shall any alteration or 
 regulation of an organized school district be made to take effect 
 between the first day of December in any one year, and the first day 
 of May following" 
 
 As the principal portion of the inhabited territory of the state 
 has already been sub-divided into school districts, every formation 
 of a new district will, to a greater or less extent, involve some al 
 teration in districts previously existing. The consent of a majori 
 ty of the trustees, therefore, of each district affected by such alter 
 ation, or a written notice thereof, to some one qf such trustees, is in 
 all cases indispensable to the validity of the proceeding. In the 
 absence of such consent, the order of the Town Superintendent is, 
 to use a legal phrase, inchoate, or in abeyance, until the expiration 
 of three months after service of the notice required by law ; and 
 the districts to be affected by the proposed alteration remain, for 
 all district purposes, in their original condition, the same as though 
 no action whatever had been had. 
 
 All alterations made between the first day of December in any 
 year, and the first day of May ensuing, should specify on their 
 face that they are to take effect on or after the first day of May,and 
 if after at what time. 
 
 The law has not prescribed any specific time within which the 
 notice of the alteration must be given, where the consent of trus- 
 
144 
 
 tees has been withheld ; but it is obviously proper that such notice 
 should be given at the time of the alteration, or as soon thereafter 
 as may be practicable. A notice at any subsequent period would 
 undoubtedly, however, be valid, and would amount to a republica- 
 tion of the order of the Town Superintendent ; and at the expira 
 tion of three months from the service of such notice, the alteration 
 would take effect. The consent of the trustees, when given, would 
 appear from the record of the alteration, but in the absence of such 
 proof, it may be established by other testimony. 
 
 Whenever any portion of the inhabitants or territory of one dis 
 trict is annexed to another existing district, the consent of a major 
 ity of the trustees of each district must be procured, or the notice 
 required by law must be given. 
 
 The consent of trustees to a proposed alteration in their district 
 may be given either verbally or in writing ; and it has even been 
 held that their presence at the time of alteration, with full knowl 
 edge of the fact of such alteration, amounts, in the absence of any 
 objection on their part, to a consent. >Gom. School Dec. 59. 
 
 Persons attached to a district without the consent of trustees, 
 may be transferred to another district at any time prior to the ex 
 piration of three months, and such new transfer amounts to a virtu 
 al abandonment of the original order. 
 
 The consent of trustees to an alteration in their district must in 
 all cases have reference to the specific alteration proposed, and can 
 not be general and unlimited. Com. School Dec. 30. 
 
 The provision requiring the consent of trustees to detach persons 
 from their district, and holding them three rtionths without such 
 consent, was made for the benefit and protection"* of the trustees, to 
 whose injury the alteration might operate. For instance, trustees 
 might have made contracts and incurred responsibilities which 
 would operate oppressively, if some of the most wealthy were de 
 tached before they had time to collect the tax. And to carry this 
 intention into effect, the act should be benignly and favorably con 
 strued for the protection of the trustees. Id. 
 
 When the supervisor and town clerk are associated with the 
 Town Superintendent in the formation or alteration of any dis 
 trict, a majority of the Board may make the requisite order. 
 
 Notice for the organization of a new District. 
 
 Whenever any school district is formed in any town, it is the 
 duty of the Town Superintendent, within twenty days thereafter, 
 to prepare a notice in writing, describing such district, and appoint 
 ing a time and place for the first district meeting, and to deliver 
 such notice to a taxable inhabitant of the district, who is bound to 
 notify every other inhabitant of the district, qualified to vote at 
 district meetings, by reading the notice in the hearing of each such 
 inhabitant, or in case of his absence from home, by leaving a copy 
 thereof, or of so much thereof as relates to the time and place of 
 such meeting, at the place of his abode, at least six days before the 
 
145 
 
 of the meeting. In case such notice shall not be given, or 
 the inhabitants of a district shall refuse or neglect to assemble 
 or form a district meeting, when so notified ; or in case any 
 such district, having been formed and organized in pursuance 
 of such notice, shall afterwards be dissolved, so that no competent 
 authority shall exist therein, to call a special district meeting in 
 the manner hereinafter provided ; such notice must be renewed by 
 the Town Superintendent, and served in the manner above 
 described. 54 56. (Nos. 7678.) 
 
 The notice here required to be served on each voter in the dis 
 trict by the inhabitant to whom the Town Superintendent delivers 
 the notice prepared by him, need not contain the description of the 
 district referred to in the 54th section. It is sufficient if it specify 
 the time, place, and general object of the meeting. "It is neces 
 sary for the person notifying the inhabitants to have the district 
 described, that he may know whom to notify. The inhabitant 
 notified has no necessity for knowing who else is notified. The 
 notice is to him as an individual. The same section defines the 
 extent of this notice to individuals by saying, when the person is 
 absent from home, he is to be warned by leaving at his place of 
 abode a copy of the notice, or of so much thereof as relates to the 
 lime and place of meeting. This is clear and conclusive. It 
 could not be necessary that a personal notice should be more full 
 and particular than is required of a notice left in the absence of 
 the person notified." Per FLAGG, Sup t. Com. School Dec. 18. 
 
 If in consequence of the refusal of the trustees of the district 
 or districts, from which a new district is formed, to consent to the 
 proposed alteration, such new district cannot go into operation 
 until after the expiration of three months from the service of notice 
 of such alteration, the notice for the first meeting must be deferred 
 until the expiration of such time ; or at least must specify a day 
 subsequent thereto for the holding of such meeting. 
 
 Where a meeting has been held and officers chosen under a 
 notice given by the Town Superintendent, in the mode prescribed 
 by law, a second notice for such organization cannot be given under 
 the pretence that the proceedings of such first meeting were in 
 valid or irregular. Com. School Dec. 176. 
 
 On the formation of a new district, if notice for the first district 
 meeting is not given within twenty days, it may be given subse 
 quent to the expiration of that period : the provision requiring the 
 notice to be given within that time being directory merely. Id.35&. 
 
 By 50 of the school act, as amended by chap. 382, Laws of 
 1849, it is provided that "when two or more districts shall be 
 consolidated into one, the new district shall succeed to all the rights 
 of property possessed by the districts of which it shall be com 
 posed, and when a district is annulled and portions thereof are 
 annexed to other districts, the property of tfte district so annulled 
 shall be sold by the town superintendent of the town in which the 
 school house is located, at public auction to the highest bidder 
 10 
 
146 
 
 therefor, after at least five days public notice by notices posted in 
 three or more public places in said town, one of which shall be 
 within the district so annulled, and the proceeds of such sale shall 
 be first applied so far as requisite, to the payment of any just debts 
 due from the district so annulled, and the residue thereof shall be 
 apportioned among the taxable inhabitants of the district so annulled 
 in the ratio of their several assessments upon the last corrected 
 assessment roll of the town or towns with which such district is 
 located." 
 
 Where there are any moneys in the hands of the officers of a 
 district that is or may be annulled, or belonging to such district, 
 the Town Superintendent of common schools of the town may 
 demand, sue for, and recover the same, in their name of office, and 
 is required to apportion the same equitably between the districts 
 to which the several portions of such annulled district may have- 
 been annexed, to be held and enjoyed as district property. Id. 
 52, (No. 74.) 
 
 The former provisions of law, authorizing the sale and appor 
 tionment of distriot property whenever a new district was formed 
 from one or more districts possessed of a school house or other 
 property, has been repealed : and no such sale or apportionment 
 can take place except in the case of a dissolved district, as above 
 specified. 
 
 Formation or alteration of Joint Districts. 
 
 By g 44, (No. 70) of the school act, it is provided that " when 
 ever it may be necessary or convenient to form a district out of 
 two or more adjoining towns, the Town Superintendents of each 
 of such adjoining towns or the major part of them may form, 
 regulate and alter such districts." 
 
 In accordance with the spirit of this provision, and of the adju 
 dications under it, it is conceived that the assent of the Town Su 
 perintendent, either singly, or if the supervisors or town clerk are 
 associated with him, of a majority of the officers of each of the 
 towns from which a joint district is partly composed, is essential 
 to the validity of any order forming or altering such joint district. 
 In the formation of joint districts, the Town Superintendents, &c., 
 represent their respective towns, and the rights of those whom they 
 represent cannot be voted away by officers representing the inhab 
 itants of another town. The principle has been settled by the de 
 cisions of Messrs. FLAGG, Dix and YOUNG, Superintendents, 
 against the dissenting opinion of Mr. SPENCEK, that the law does 
 not authorize the question of the formation or alteration of a joint 
 district, to be settled by a joint ballot of the officers representing 
 the several towns, from parts of which it is, or is proposed to be, 
 composed. See Com. School Dec., 23, 174. 
 
147 
 
 The moment a single district becomes joint, the action of the 
 proper officers of all the towns of which it is a part is indispensable 
 to give validity to any alteration in its boundaries ; and such alter 
 ation, whether its effect is to change a joint to a single district, or 
 to continue the joint district, can be made only by the concurrence 
 of the representatives of each of the towns interested. This con 
 struction is in entire accordance with the whole tenor of the Su 
 perintendent s decision ; and if it is not clear from the language of 
 44 that such is the true meaning of that section, all doubt on this 
 point will be dispelled by reference to 46, which provides for the 
 case of a refusal on the part of the proper officers of one town to 
 act with those of another, for the purpose of altering a joint dis 
 trict." Per Dix Sup t. Com. School Dec. 174; modified in confor 
 mity to the existing provisions of law in reference to the proper 
 officers to form, regulate and alter districts. At pages 248 and 253 
 of the same volume, the same principle is again distinctly recog 
 nized and enforced by the same Superintendent. " The consent 
 of the trustees of a joint district to an alteration does not author 
 ize the proper officers of one town to make it without the concur 
 rence of those of the others of which it may be composed. Each 
 town of which the district is a part, is concerned in its preserva 
 tion, and it is only with the consent of the official authority of each 
 town that its boundaries can be enlarged or diminished, excepting 
 when the proper officers of one town refuse or neglect to meet those 
 of the others when their attendance has been required." 
 
 By 46, fNo. 72) above alluded to, it is provided that where 
 the Town Superintendent of common schools of any town shall re 
 quire in writing the attendance of the proper officers of any other 
 town or towns, at a joint meeting, for the purpose of altering a 
 school district formed from their respective towns, and a major 
 part of the officers notified shall refuse or neglect to attend, those 
 in attendance may, by a majority of votes, call a special district 
 meeting of such district, for the purpose of deciding on such pro 
 posed alteration ; and the decision of such meeting shall be as val 
 id as if made by the proper authority of all the towns interested ; 
 but shall extend no further than to dissolve the district formed from 
 such towns. The effect of such a dissolution would be to cause the 
 inhabitants and territory of each of the towns from parts of which 
 the joint district had been composed, to revert under the separate 
 jurisdiction of tjie proper officers of the respective towns, who 
 might make such disposition of them as they should deem most 
 expedient and proper. 
 
 Single districts are frequently transformed into joint districts bj 
 operation of law, on the division of towns and counties, or the al 
 teration of their boundaries. A district intersected by the line of 
 division between a new town and the tovvn from which it was ta 
 ken, becomes a joint district, and is thereafter subject to the prin 
 ciples and provisions of law applicable to joint districts. 
 
148 
 
 Although the jt*tit action of the requisite legal authority of all 
 the towns from portions of which a joint district is composed, is 
 necessary to any alteration of such district, yet where such altera 
 tion involves the dissolution of the joint district, the powers of the 
 joint board cease with the order for such dissolution, and the prop 
 er officers of each of the towns resume their jurisdiction over the 
 inhabitants and territory belonging to their town. The co-opera 
 tion of the other members of the joint board, in such subsequent 
 proceedings, although unnecessary and irregular, would not, how 
 ever, it is presumed, vitiate the proceedings. 
 
 In the formation or alteration of joint districts, a joint board 
 must in all cases be formed. The officers of one town cannot con 
 cur in the proceedings of those of another, at a subsequent period. 
 They have no power to act, either separately or by proxy. They 
 ean neither give their consent beforehand to what their colleagues 
 may do, nor can they afterwards in any mode render that valid, 
 which was before illegal and void. 
 
 General Principles applicable to the Formation and Alteration 
 of Districts. 
 
 The great aim of the officers to whom this duty has been confi 
 ded should be to form, as far as may be practicable, permanent 
 and efficient districts, competent both in respect to taxable proper 
 ty and number of children, to sustain good schools for from eight 
 to ten months of each year, and affording all requisite facilities for 
 the regular attendance of all the children entitled to participate in 
 the benefits of the school. 
 
 Whenever alterations may become necessary or expedient, the 
 utmost care should be taken to secure the general co-operation of 
 the inhabitants interested, and to avoid all those sources of conten 
 tion and discord which are so fatal to the prosperity, harmony and 
 efScieney of the district. It is better to submit to many temporary 
 and local inconveniences, than to hazard the disastrous results 
 which almost uniformly follow any general dissatisfaction with con 
 templated alterations, even though such alterations may upon the 
 whole be judicious and advantageous. " The good sense of a dis 
 trict may be relied upon, to perceive ultimately its true interest, 
 and the loss of time in attaining the desired end is unimportant 
 when compared with the consequences of defeating the wishes of 
 a decided majority," or even of a respectable minority " of a dis 
 trict." 
 
 School districts must be composed of contiguous territory ; and 
 it has been decided that when a person is set off from one district 
 to another, and there are lands between the farm so set off an d 
 the district to which it is annexed, such intermediate territory 
 passes to the latter. 
 
 In his annual report to the legislature for the year 1843, the 
 Superintendent, ( Col. YOUNG, ) observes, " One of the most 
 formidable obstacles to the efficiency of our common schools is 
 
149 
 
 believed to be the uncessary multiplication and subdivision of 
 districts. In those portions of the state where the population is 
 scattered over a large extent of territory, the convenience and ac 
 commodation of the inhabitants, require the formation of districts 
 comprising a small amount of taxable property, applicable to the 
 support of schools and a limited number of children. But 
 where an opposite state of things exists, the interests of educa 
 tion will be most effectually promoted, by assigning to each district 
 the greatest extent of territory compatible with securing to the 
 children the requisite facilities for their regular attendance at the 
 schools." 
 
 In a case coming before him on appeal, in 1835, Gen. Dix 
 observes in reference to this subject : " Almost all the existing 
 evils of the common school system have their origin in the limited 
 means of the school district. The tendency is to subdivision and 
 to a contraction of their territorial boundaries. This consequence 
 must follow in some degree from the increase of population , but 
 the subdivision of school districts tends to advance in a much 
 greater ratio. The average number of children in our school dis 
 tricts is about fifty-five. No school district should number less than 
 forty children between [four and twenty-one years] of age. From 
 the observations he has made, the Superintendent deems it due to 
 the common school system, that no new district shall be formed 
 with a much smaller number, unless peculiar circumstances render 
 it proper to make it an exception to the general rule. In feeble 
 districts, cheap instructors, poor and ill furnished school-houses, 
 and a general languor of the cause of education are almost certain 
 to be found."- Com. School Dec. 220. 
 
 II. APPORTIONMENT AND PAYMENT OP PUBLIC MONEY. 
 
 By subdivisions 5, 6 and 7 of 8 of the school act (No. 33) it 
 is made the duty of the Town Superintendents " To apply for and 
 receive from the county treasurer, all moneys apportioned for the 
 use of common schools in their town, and from the collector of the 
 town, all moneys raised therein for the same purpose, as soon ag 
 such moneys shall become payable, or be collected, and to appor 
 tion the school moneys received by them, on the first Tuesday of 
 April, in each year, among the several school districts, parts of 
 districts, and neighborhoods separately set off, within their town, 
 in proportion to the number of children residing in each, over the 
 age of four and under that of twenty-one years, as the same shall 
 have appeared from the last annual reports of their respective 
 trustees. If they shall have received the school moneys of their 
 town, and all the reports from the several school districts therein, 
 before the first Tuesday in April, they shall apportion such moneys 
 as above directed, within ten days after receiving all of the. said 
 reports and the said moneys." The practice of making two division* 
 of the public money among the districts in the course of the year, 
 is contrary to the express provision of the statute. The sixth 
 
150 
 
 subdivision of section 8 (No. 33) makes it the duty of the Town 
 Superintendent to apportion the school moneys received by him on 
 the first Tuesday of April in each year ; and by the 7th subdivision 
 ef the same section, if he have received reports from all the districts 
 before that day, he is to divide the money within ten days after 
 receiving all the reports and the money. 
 
 The annual reports of the trustees of the several districts are, 
 as will be seen hereafter under the appropriate head required to 
 be made and transmitted to the Town Superintendent, between 
 the first and fifteenth of January in each year ; and the public 
 money from all sources is payable immediately after its receipt by 
 the county treasurer on the first of February. If, therefore, the 
 reports of the respective trustees are made within the time pres 
 cribed by law, ample opportunity will be afforded to the Town 
 Superintendent to point out all errors and deficiencies in them, 
 and to enable the trustees either to make the necessary corrections 
 or apply to the department for relief, before the apportionment is 
 finally made. In making the apportionment, the Town Superin 
 tendent is first to assign to each district, from which the necessary 
 report has been received, or which is entitled to share in the appor 
 tionment, its proportion of the public money received from all 
 sources, according to the number of children between the ages of 
 four and twenty-one, designating the respective proportions of 
 teachers and library money belonging to each district. The pro 
 portion of library money to be apportioned to each district, may be 
 ascertained by setting apart five dollars out of each hundred or 
 jive per cent of the whole amount apportioned to each district. The 
 teachers money is to be paid over "on the written order of a majori 
 ty of the trustees of each district, to the teachers entitled to receive 
 the same." It will therefore be incumbent on the Town Super 
 intendent to satisfy himself, both of the genuineness of the order 
 and that the person presenting it has the certificate of the trustees 
 that he is or was a teacher of the district, and duly qualified ac 
 cording to law. In order to entitle a district to its share of teach 
 ers money, it must appear from its annual report, " that a school 
 had been kept therein for at least six months during the year, 
 ending at the date of such report, by a qualified teacher," after 
 obtaining a certificate of competency from the proper authority ; 
 that all the teachers money received during the year has been 
 expended in the payment of such teacher ; " that no other than 
 duly qualified teacher had at any time during the year for more 
 than one month been employed to teach the school in said district ; " 
 and such report must, in all other respects, be in accordance with 
 law, and the requisitions and instructions of the Superintendent, 
 made in pursuance of law. In other words, it must be in the form 
 prescribed by the Superintendent, and must contain all the inform 
 ation required by law and by the department to be given. 
 
 The library money is to be paid over to, or on the order of, a 
 majority of the trustees, on its appearing from the annual report 
 
151 
 
 that " the library money received at the last preceding apportion 
 ment was duly expended according to law, (in the purchase of 
 books suitable for a district library, or in the purchase of maps, 
 globes, black-boards, or other scientific apparatus for the use of 
 schools, in the cases and in the mode prescribed by law, or for 
 teachers wages, with the assent of the state superintendent, on or 
 before ike first day of October subsequent to such apportionment" 
 The report must uniformly be accompanied with a catalogue of 
 the books or apparatus purchased since the last preceding catalogue, 
 and must state accurately the number of volumes and their con 
 dition ; and when the money has been expended in the purchase 
 of apparatus, &c., or for teachers wages, the authority under which 
 such expenditure has been made, and a full and particular inven 
 tory of the articles purchased, must be specifically reported. 
 
 By chapter 257 of the Laws of 1829, in those counties where 
 the distinction between town and county poor is abolished, the in 
 habitants of towns having any funds in the hands of their over 
 seers of the poor, may appropriate all or any part of such funds to 
 such purposes as shall be determined at an annual or special town 
 meeting. If appropriated for the benefit of common schools, it is 
 made a fund for that purpose, and is placed under the charge of 
 the Town Superintendent of common schools of the town. The 
 interest is to be applied " to the support of common schools." But 
 the town may, at an annual meeting, direct the whole principal, as 
 well as the interest, to be applied for the benefit of common schools. 
 [See vol. 1, 2d ed. Rev. Statutes, page 351, and Com. School Dec., 
 
 The Town Superintendent will, therefore, be bound to distribute 
 the interest, and the principal when directed by the town, equally 
 among the districts. He cannot adopt a more just or convenient 
 ratio than that established by the existing law in relation to the 
 public money the number of children above four and under twenty 
 one years of age. 
 
 The purchase of district libraries would not be an application 
 " to the support of common schools." They are not intended for 
 the schools exclusively, or particularly, but for the benefit of all the 
 inhabitants, and cannot be said to form any part of " the common 
 schools." No part of the interest or principal of this town fund, 
 therefore, can be distributed as " library mpney ;" the whole must 
 be apportioned and paid over as school money. 
 
 There are laws of a similar character respecting the gospel and 
 school lots, which are so local and peculiar as not to justify anj 
 particular observations concerning them in this connection, except 
 that none of these funds can properly be applied to the purchase 
 of books. 
 
 In apportioning and paying the money in their hands to trustees 
 of school districts, the Town Superintendents should bear in mind 
 that the " teachers money" and the " library money" are entirely 
 independent of each other. The report of the trustees of school 
 districts may entitle them to their " teachers money," and yet they 
 
152 
 
 may not have complied with the conditions upon which they are* 
 authorized to receive the "library money." For instance, they 
 may not have expended the latter in the purchase of books ; and 
 yet they may have fully complied with the law in regard to their 
 schools. So they may be entitled to " library money" and yet not 
 have had a school kept six months by a qua ified teacher. In all 
 such cases (he money appropriated to the different objects, teachers 
 or library, is to be distributed upon the reports relating to those ob 
 jects only. 
 
 By 15 of the act of 1841, (No. 147,) Town Superintendents 
 are required to apportion and pay to the trustees of colored schools 
 established in their town, according to the provisions of that sec 
 tion, a portion of the public money, according to the number of 
 colored children between the ages of four and twenty-one years, 
 appearing by the reports of the trustees to have been instructed in 
 such schools for at least four months during the preceding year by 
 a licensed teacher, and to deduct the amount so apportioned from 
 the shares of the districts from which such children have respect 
 ively attended. 
 
 In all cases where the annual report of the trustees of a district 
 shall not be found in substantial accordance with the law, or the 
 forms or instructions prescribed by the Superintendent, it is the 
 duty of the Town Superintendent to withhold from such district 
 the share of teachers or library money to which it would olher- 
 wise have been entitled ; to direct the defaulting trustees to make 
 immediate application to the department, setting forth under oath 
 any excuse they may have for omitting to comply with the requi 
 sitions of law ; and to retain the amount apportioned to such dis 
 trict and so withheld, to await the directions of the department in 
 reference to its disposition. In case no directions are received, 
 prior to the next succeeding apportionment, the Town Superinten 
 dent is to add the amount so retained to the fund for distribution 
 the ensuing year. 
 
 By the second section of the act of 1841, (No. 39,) it is provi 
 ded that " whenever an apportionment of the public money shall 
 not be made to any school district, hi consequence of any accident 
 al omission to make any report required by law, or to comply with 
 any other provision of law, or any regulation, the Superintendent 
 of Common Schools may direct an apportionment to be made to 
 such district, according to the equitable circumstances of the case, 
 to be paid out of the public money on hand ; or if the same shall 
 have been distributed, out of the public money to be received in a 
 gucceeding year." And by the sixth section of chap. 177, Laws 
 of 1839, (No. 161,) whenever any library money shall be with 
 held from any school district, the same may be distributed among 
 other districts complying with such conditions, or may be retained 
 and paid subsequently to the district from which the same was with 
 held, as shall be directed by the Superintendent of common schools* 
 according to the circumstances of the case* 
 : : 
 
153 
 
 By 17 and 18 (No. s 42 and 43) of the school act, " All mon 
 eys apportioned by the Town Superintendent to the trustees of a 
 district, part of a district or separate neighborhood, which shall 
 have remained in the hands of such Superintendent for one year 
 after such apportionment, by reason of the trustees neglecting or 
 refusing to receive the same, shall be added to the moneys next 
 thereafter to be apportioned, and shall be apportioned and paid 
 therewith in the same manner ; aud in case any school moneys re 
 ceived by the Town Superintendent cannot be apportioned by him 
 for the term of two years after the same are received, by reason of 
 the non-compliance of all the school districts in the town with the 
 provisions of this title, such moneys shall be returned by him to 
 the county treasurer, to be by him apportioned and distributed, to 
 gether and in the same manner with the moneys next thereafter to 
 be received by him for the use of common schools." 
 
 If the Town Superintendent knows, or has good reason to be 
 lieve, any district report to be erroneous or false, he may withhold 
 the public money from the district, and submit the facts to the Su 
 perintendent. 
 
 If, after the time when the annual reports are required to be da 
 ted, and before the apportionment of the school moneys shall have 
 been made by the Town Superintendent, a district shall be duly 
 altered, or a new district be formed in the town, so as to render an 
 apportionment founded solely on the annual reports unjust, as be 
 tween two or more district of the town, the Town Superintendent 
 is required by 15 (No 40) of the school act, to make an appor 
 tionment among such districts, according to the number of children 
 in each, over the ages of four and under twenty-one years, ascer 
 taining that number by the best evidence in his power ; and by 
 the first section of chap. 206 of the Laws of 1831, 16 (No. 41) 
 the same provision is extended to all eases 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 six months, such district having been 
 formed out of a district or districts in which a school shall have 
 been kept for six mouths, by a teacher duly qualified, during the 
 year preceding the first day of January. 
 
 The apportionment of public money by the Town Superintend 
 ent can in no case be made prior to the first Tuesday in April, 
 except where reports from all the districts and parts of districts in 
 the town, and all the public moneys, have been received before 
 that time ; but under certain circumstances it may be made subse 
 quently. The specification of time in the statute is not intended 
 to limit the exercise of the authority of the Town Superintendent 
 in this respect, but may be regarded as directory merely ; and it 
 has accordingly been held that if for any justifiable cause the ap 
 portionment is not made or completed on the day specified, it may 
 be made at a subsequent period. 
 
 -V 1 :; *-.i> .i! 
 
154 
 
 In all cases where school districts have complied substantially 
 with the law, the trustees may be allowed to correct their reports, 
 as to mere matter of form, at any time before the money is actu 
 ally apportioned and paid. A district ought not to lose its money 
 in consequence of a misconception of the law, or a mere clerical 
 error on the part of some of its officers. The Town Superintend 
 ent should consider himself the guardian of tke equitable rights of 
 the districts, and when he discovers an error as to form, which, if 
 not corrected, would deprive a district of its just share of public 
 money, he should point it out to the trustees, to the end that it may 
 be corrected, and the fair rights of the district secured. Per FLAGG 
 and Dix, Sup ts. Com. School Dec. 36, 181. 
 
 By a regulation of the Superintendent of Common Schools made 
 in pursuance of law, Town Superintendents are prohibited from 
 paying over the share of library money apportioned to any district 
 in the following cases : 
 
 1st. Where a catalogue of the title of all the books in the dis 
 trict library, purchased or obtained since the last preceding cata 
 logue, with the number of volumes of each set or series, and the 
 condition of such books, signed by the trustees and librarian, has 
 not been delivered. 
 
 2d. Where the number of books belonging to the library is not 
 stated in the annual report of the trustees. 
 
 3d. Where it does not clearly appear from such report that the 
 whole of the library money paid to such district the preceding year 
 has been expended within the time and in the mode prescribed by 
 law ; and if for the purchase of maps, globes or other school appa 
 ratus, or for teachers wages, for what particular articles, and un 
 der what authority or resolution of the district. 
 
 4th. Whenever it appears that any portion of the library mo 
 ney of the preceding year has been expended in the purchase of 
 any text book or any book clearly improper to be admitted into a 
 district library. In cases where there may be room for an honest 
 difference of opinion as to the admissibility of any book or books, 
 purchased by the trustees, the Town Superintendent should in 
 clude the district in the apportionment of library money, and 
 refer the inhabitants aggrieved by such selection to their remedy 
 by appeal. 
 
 III. THE INSPECTION AND LICENSING OP TEACHERS, AND THK 
 VISITATION AND SUPERVISION OF SCHOOLS. 
 
 The Town Superintendent is, by virtue of his office, inspector 
 of common schools of his town ; and it is his duty " to examine all 
 persons offering themselves as candidates for teaching common 
 schools in such town." In making such examination it is his duty 
 "to ascertain the qualifications of the candidate in respect to moral 
 character, learning and ability." If he " shall be satisfied in respect 
 to the qualifications of the candidate, he shall deliver to the per- 
 
155 
 
 son so examined a certificate signed by him, in such form as shall 
 be prescribed by the Superintendent of Common Schools." 
 
 He may annul any such certificate given by him or his prede 
 cessor in office, when he shall think proper, giving at least ten 
 days previous notice in writing to the teacher holding it, and to 
 the trustees of the districts in which he may be employed, of his 
 intention to annul the same. 
 
 Whenever he shall deem it necessary, he may require a re-ex* 
 animation of all or anv of the teachers in his town, (not holding 
 State or county certificates or the diplomas of the State Normal 
 School,) for the purpose of ascertaining their qualifications to con 
 tinue as such teachers. The annulling of a certificate does not, 
 however, disqualify the teacher to whom it was given, until a note 
 in writing thereof, containing the name of the teacher, and the 
 time when his certificate was annulled, shall be made by the Town 
 Superintendent and filed in the office of the clerk of the town. 
 
 Where any school district is composed of a part of two or more 
 towns, or any school-house shall stand on the division line of any 
 two towns, the Town Superintendent of either town may examine 
 into and certify the qualifications of any teacher offering to teach 
 in such district, and may also in the same manner annul the certi 
 ficate of such teacher. 33 40, (Nos. 59 66) school act. 
 
 The duties and powers thus confided to the Town Superintendent 
 are most important and involve great responsibility ; and upon 
 their proper fulfilment, depends in a very essential degree, the 
 elevation and improvement of the district schools. If none but 
 properly qualified teachers are permitted to find their way to our 
 schools ; if the certificate of the examining officer, and the sanc 
 tion of his authority, are given only to those who are intellectually 
 and morally fitted adequately to discharge the duties of instructors 
 of youth, " apt to teach," competent to communicate instruction 
 in the mode best adapted to develop the various faculties of the 
 expanding mind, patterns alike of moral and social excellence ; 
 these elementary institutions will speedily become the fitting tem 
 ples of science, the nurseries of virtue and the pride and boast of the 
 state. Hitherto this duty has been deplorably neglected ; and the dis 
 astrous conseqences are every where visible in the degradation of 
 the district school, the substitute of private and select schools of 
 every grade, the low estimation in which the profession of the 
 teacher is held, and the miserable pittance too often most costly 
 in its utmost scantiness which is reluctantly doled out to the 
 needy and destitute adventurer. A thorough reform in this respect 
 is imperatively demanded as well by public sentiment, as by a 
 just regard to the paramount interests of education ; and no con 
 sideration of temporary convenience to a particular district, of 
 favor to individuals, or of regard to the prejudices or preferences 
 of inhabitants or trustees, will, it is hoped hereafter be permitted 
 in any case to sway the action of the certifying officer, or incline 
 him, either to the right or the left, from the plain path of duty and 
 
156 
 
 obligation. A certificate should in no case, and under no circum 
 stances, be granted, unless the candidate is found upon a careful 
 examination, well qualified to instruct in all the ordinary branches 
 usually taught in common schools thoroughly versed in the prin 
 ciples of elementary science capable of readily applying them to 
 any given case, and able to communicate with facility, the results 
 of his knowledge ; and unless in addition to this, his character and 
 demeanor are irreproachable, his habits exemplary, and his moral 
 principles undoubted. In order as well to be assured that the 
 impressions resulting from the examination were well founded, as 
 to make himself acquainted with the condition and prospects of 
 the schools, the Town Superintendent should, once at least during 
 each term, visit and inspect the schools ; and whenever practicable, 
 should be accompanied by the trustees of the districts and such of 
 the inhabitants as may be prevailed upon to attend. To afford 
 every reasonable accommodation to those teachers desiring to 
 offer themselves as candidates for examination, Town Superin 
 tendents should appoint a particular day and place in the town, 
 and when the town is very large, in different sections of it, when 
 they will be in readiness to examine teachers. Public notice of 
 such appointment should be given. It is probable that this will 
 bring together several applicants, and thus diminish the labors of 
 the superintendent, particularly as this course will obviate 
 the necessity of special examinations, as well as prevent the neces 
 sity of a re-examination during the year. In making such ex 
 aminations, they should confine themselves to the subjects specified 
 in the statute 35, (No. 61,) and should ascertain the qualifications 
 of the candidates in respect, 1st, to moral character ; 2d, learning ; 
 and third ability. 
 
 FIRST. They should require testimonials of moral character, 
 from those acquainted with the applicant, which is to be either 
 verbal or written, arid the latter is to be preferred. This is not a 
 matter to be neglected or slighted. Those to whom the training of 
 our youth is to be committed, should possess such a character as 
 will inspire confidence in the rectitude of their principles and the 
 propriety of their conduct; and it is to be understood as a positive 
 regulation of this department, that no license is to be granted, 
 without entire satisfaction on this point. This must be understood 
 to relate to moral character to the reputation of the applicants 
 as good citizens, free from the reproach of crime or immoral con 
 duct. It does not extend to their belief, religious or political : 
 but it may apply to their manner of expressing such belief or 
 maintaining it. If that manner is, in itself, boisterous and disorder 
 ly, intemperate and offensive, it may well be supposed to indicate 
 ungoverned passions, or want of sound principles of conduct, which 
 would render its possessor obnoxious to the inhabitants of the dis 
 trict, and unfit for the sacred duties of a teacher of youth, who 
 hould instruct as well by example as by precept. 
 
157 
 
 SECOND. As to the learning of the applicants. It should ap 
 pear from their examination that they are good spellers, distinct 
 and accurate readers, write good and plain hands, can make pens 
 and are well versed, 
 
 1st. In the definition of words : 
 
 2d. In arithmetic, menta and written : 
 
 3d. In geography, as far as contained in any of the works in 
 ordinary use. 
 
 4th. In the history of the United States, of England, and of Eu 
 rope generally : 
 
 oth. In the principles of English grammar : and, 
 
 6th. In the use of globes. 
 
 If they are found well acquainted with the other branches, a 
 more slight knowledge of the 4th and 6th heads, as above enumer 
 ated, may be excused. 
 
 THIRD. The ability of the applicants to teach. Mere learning 
 without the capacity to impart it, would be of no use. The super 
 intendents should satisfy themselves by general inquiries, and par 
 ticularly by a thorough investigation of the applicants respectively, 
 of their qualifications in this respect, of their tact in dealing with 
 children, and especially of their possessing the unwearied patience 
 and invariable good nature, so necessary to constitute useful teach 
 ers of youth. 
 
 Having satisfied themselves on these several points, the town 
 superintendents will grant certificates in the usual form. 
 
 The certificates of qualification granted by Town Superintend 
 ents are to be in the form prescribed by the State Superintendent; 
 to remain in force for one year only; are available only within the 
 town for which they were granted, arid may be annulled at any 
 time by the officer granting them, or his successor, giving ten days 
 notice in writing of intention to annul the same, to the teacher and 
 trustees. 
 
 By 41 and 42 of the school act, (Nos. 67, 68,) it is made the 
 duty of the Town Superintendent to visit all such common school? ? 
 within his town, as shall be organized according to law, at least 
 twice a year, and oftener if he shall deem it necessary. At such 
 visitations, he is required to examine into the state and condition of 
 such schools, both as respects the progress of the scholars in learn 
 ing, and the good order of the schools, and may give his advice 
 and direction to the trustees and teachers of such schools, as to 
 the government thereof, and the course of studies to be pursued 
 therein. 
 
 " If the opinions of the best and most experienced writers on 
 primary education are not entirely fallacious, and if all the result?: 
 of experience hitherto are not deceptive, the consequences of such 
 a vigorous system of inspection will be most happy. The teachers 
 and pupils will feel that they are not abandoned to neglect ; the 
 apprehension of discredit will stimulate them to the greatest effort ; 
 while the suggestions of the visitors will tend constantly to the im- 
 
158 
 
 provement of the schools, and they will themselves be more and 
 more enabled to recommend proper measures, from their better 
 acquaintance with the subject." Instructions of Spencer, tiup t, 
 1841. 
 
 A certificate cannot be annulled by the Town Superintendent 
 until ten days previous notice in writing has been given to the 
 teacher and to the trustees of the district in which he has been em 
 ployed, of the intention to annul the same. As the complaint must 
 necessarily be stated, and its truth investigated, before any deci 
 sion, it would be more convenient to the Town Superintendent, 
 and more fair and just to the teacher, to apprise him of its nature 
 in the notice of intention to annul. 
 
 Certificates of qualification granted by Town Superintendents to 
 teachers must, in all cases, be in conformity to the form prescribed 
 by the Superintendent of Common Schools. They cannot be 
 granted upon the ground of ability to teach a particular school, for 
 a particular term, or in a particular district. When granted in 
 the form prescribed by the Superintendent, they authorize the hold 
 er to teach any school in the town for which they were granted, 
 during any part of the year commencing at their date. 
 
 The examination of candidates for teachers should in all cases 
 be thorough and strict, and no certificate should be granted unless 
 the examining officer is satisfied as to all the qualifications required 
 by law. " A certificate of qualification in any other form than that 
 prescribed by the Superintendent is not a compliance with the stat 
 ute ; as for instance, that A. B. gave the examining officer good 
 satisfaction in certain enumerated branches, and that his moral 
 character is good. The law authorizes him to give a certificate in 
 a certain event, and then it must be in the form specified. If he is 
 satisfied as to the qualifications of the teacher in respect to moral 
 character, learning and ability, he is bound to give him such a cer 
 tificate as the Superintendent shall have prescribed. If he is not 
 satisfied he should give him no certificate all. He is wholly unau 
 thorized to take a middle course by giving a qualified certificate" 
 Per Dix, Sup t. Com. School Dec. 236. 
 
 The certificate must also bear date on the day of examination? 
 and cannot be ante-da ed. 
 
 In cases where a school district is composed of parts of two 
 or more towns, the Town Superintendent of the town in ivhich 
 the school house is situated, is exclusively authorized by Sec. 40, 
 (No. 66,) to examine into arid certify the qualifications of any 
 teacher offering to teach in such joint district, and for sufficien t 
 causes to annul the certificate of such teacher. His jurisdiction 
 in this respect cannot in any manner, or under any pretence, be 
 interfered with by the superintendents of either of the other 
 towns from which such joint district is partly composed. 
 
159 
 
 The qualifications of teachers are left to the discrimination and 
 judgment of the legal examiners. They must determine the de 
 gree of learning and ability necessary for a teacher. They ought 
 to be satisfied that a certificate is given to those only whose learn 
 ing and ability fit them in all respects to instruct common schools. 
 In revising the school law, the revisers inserted a provision that 
 no candidate for teaching should be deemed qualified, unless upon 
 examination he should appear to be well instructed in reading, 
 orthography, penmanship, English grammer, geography and 
 arithmetic, including vulgar and decimal fractions." This pro 
 vision, however, was stricken out by the legislature, and the whole 
 matter is left discretionary. Com. School Dec. 42. 
 
 In judging of the moral character of a candidate for teacher, if 
 the examining officer knows of any serious imputation or defect of 
 principle, it is his duty to refuse to certify. A certificate may be 
 annulled for immoral habits generally, notwithstanding the teach 
 er may perform all his duties during school hours. Id. 46. 
 
 In relation to the moral character of the teacher, much is left 
 to the discretion of the examining officer. He must be satisfied 
 that it is good because he has to certify to its correctness. On 
 this point what would be satisfactory to one man might be unsatis 
 factory to another. Every person has a right to the enjoyment of 
 his own religious belief without molestation : arid the examining 
 officer should content himself with inquiries as to the moral charac 
 ter of the teacher, leaving him to the same liberal enjoyment of his 
 religious belief that he asks for himself. If, however, a person 
 openly derides all religion, he ought not to be a teacher of youth. 
 The employment of such a person would be considered a grievance 
 by a great portion of the inhabitants of all the districts. Per 
 F~AGG, Sup t. Id. 60. 
 
 Neither the trustees nor the inhabitants of school districts are 
 the judges of the qualifications of teachers. The law has con 
 fided the power of examining teachers to the officers expressly 
 designated for that purpose ; and its object was to secure the em 
 ployment of competent persons. If the trustees or inhabitants are 
 to determine what their district require, and the certifying officers 
 are to be governed by their opinions and wishes, the officers them 
 selves might as well be dispensed with. In his annual report to 
 the legislature for the year 1835, the Superintendent of Common 
 Schools (Gen. Dix) observes: "One of the most responsible and 
 delicate trusts to be executed under the common school system is 
 that of inspecting teachers and pronouncing upon their qualifica 
 tions. If this is negligently conducted or with a willingness to 
 overlook deficiencies, instead of insisting rigidly upon the require 
 ments of the law, it is manifest that men without the necessary 
 moral character, learning or ability, will gain a foothold in the 
 common schools, and present a serious obstacle to the improve 
 ments of which they are susceptible. This would be an evil of 
 the greatest magnitude, and there is no remedy for it but a strict 
 
160 
 
 inspection of the candidates. It has been the practice in some 
 instances for the inspectors to have a reference to the particular 
 circumstances of the cases in giving a certificate. Thus they have 
 sometimes given an individual a certificate with a view to a 
 summer school, in which the children taught are usually smaller 
 and require less of the teacher, when the certificate would have 
 been withheld, if it was asked with a view to qualify the teacher 
 for a winter school. But it is obvious that such a distinction is 
 wholly inadmissible. A certificate must be unconditional, by the 
 terms of the law. The inspectors must be satisfied with the 
 qualifications of the teacher " in respect to moral character, learn 
 ing and ability ;" and the certificate when once given is an abso 
 lute warrant for the individual to teach for a year, and to receive 
 the public money, unless revoked before the expiration of the year, 
 in which case it ceases to be operative from the date of its revo 
 cation. The standard of qualification for teachers, so far as grant 
 ing certificates is concerned, is of necessity, arbitrary. The law 
 does not prescribe the degree of learning or ability which a teach 
 er shall possess, but virtually refers the decision of this important 
 matter to the inspectors, who have not, neither should they possess 
 the power of relaxing the general rule with reference to the cir 
 cumstances of any particular case, by departing from the standard 
 of qualification which they assume as their guide in others." 
 Id, 32G. 
 
 1 . The act does not require the superintendents to notify the 
 trustees of their visits and invite their attendance. The superin 
 tendents should, however, give notice to the trustees of the districts, 
 of the time when their schools will be visited. To enable them to 
 comply with these provisions, they should make a previous ar 
 rangement of their visits, in reference to the means of traveling, so 
 as to reach as many districts as possible in the shortest time. Hav 
 ing fixed the time for visiting the schools, they should at once give 
 ample notice, by transmitting a copy of their arrangement to the 
 trustees of the districts embraced within it, and request them to at 
 tend. 
 
 The inhabitants of the district, and particularly parents who 
 have children attending the school, should be invited to be present 
 at the inspection by the superintendent ; and trustees of districts 
 are hereby required, whenever they receive information of an in 
 tended visit, to communicate it as generally as possible to the in 
 habitants. Their attendance will afford an opportunity for the 
 public addresses of the superintendents, herein suggested. 
 
 2. Examination of the School. Preparatory to this, the super 
 intendent should ascertain from the teacher the number of classes ; 
 the studies pursued by each ; the routine of the school ; the suc 
 cessive exercises of each class during each hour of the day ; the 
 play spells allowed, &c., and thus obtain a general knowledge of 
 the school, which will be found greatly to facilitate his subsequent 
 duties. Every superintendent is enjoined to call for and examine 
 
161 
 
 the list of scholars in the book which the Statute requires the 
 teacher to keep, in order that he may see whether the names are 
 correctly and neatly entered. He will also examine the. day roll 
 and the weekly roll, which by the the succeding regulations, teach 
 ers are directed to preserve, and will ascertain by the proper en 
 quiries, whether they are exact in entering all who are present. 
 
 The superintendent will then hear each class recite the ordinary 
 lesson of the day. It will then be examined on the subjects of 
 study. Generally it will be better to allow the teacher to conduct 
 the exercises and examinations, as the pupils will be less likely to 
 be intimidated, and an opportunity will be given of judging of the 
 qualifications of the instructors. 
 
 To enable him to compare the school with itself at another time, 
 and with other schools, and to comply with the regulations here 
 inafter contained, respecting the annual reports, the superintendent 
 should keep notes of his observations, and of the information he ob 
 tains on all the subjects on which he is required to report; and he 
 should particularly note any peculiarities which seem to require 
 notice, in the mode of instruction, in the government and discipline 
 of the school, and the appearance of the pupils, in respect to their 
 cleanliness of person and neatness of apparel. 
 
 3. The superintendent will also examine the condition of the 
 school house and its appurtenances ; whether the room has the 
 means of ventilation, by lowering an upper sash, or otherwise ; 
 whether it is sufficiently tight to protect the children from currents 
 of air, and to keep them warm in winter ; whether there is a sup 
 ply of good water ; the condition of the privies, and whether they 
 are provided for both sexes ; and the accommodations for physical 
 exercise. Their attention will be given to the arrangement of 
 the school room ; whether the seats and desks are placed most 
 conveniently for the pupils and teachers, and particularly whether 
 backs are provided for the seats, a circumstance very important to 
 the comfort and health of the children. They should also inquire 
 whether blackboards and alphabetical cards, <fr any apparatus to 
 assist learners are furnished. 
 
 The preceding topics of inquiry are suggested, rather as hints of 
 the most important, than intended to embrace the whole field. The 
 judgment and observation of the superintendents will discover 
 many other subjects deserving their attention. 
 
 4. The superintendents will also inquire into the condition of 
 the district, in relation to its ability to maintain a school ; whether 
 its interest and the convenience of its inhabitants can be promoted 
 by any alterations, without injury to others ; and they will suggest 
 whatever occurs to them, to the trustees. 
 
 In case of any gross deficiency or inconvenience, which the pro 
 per officers refuse or decline to remedy, the superintendents will 
 note it in their annual reports to the county clerks. 
 
 11 
 
162 
 
 5. They will also examine the district library, and obtain the 
 information respecting it, hereinafter required to be stated in 
 their reports. 
 
 Advising and consulting with the trustees and other officers of school 
 
 districts. 
 
 This is made a special duty of the town superintendents by these 
 instructions ; they are to advise the trustees and other officers in 
 relation to all their duties, and to recommend to them and the 
 teachers the proper studies, discipline, and conduct of the school, 
 the course of instruction to be pursued, and the elementary books 
 to be used. The notes which the superintendents make during 
 their inspection of the school, will much facilitate the discharge of 
 this portion of their duty. 
 
 1. In regard to proper studies. If they find any important one 
 omitted, or that pupils are hastened on without thoroughly under 
 standing the preliminary or previous branches, they should point 
 out the error and its consequences. For :< instance, they should 
 urge the absolute necessity of children being thoroughly and fre 
 quently exercised in spelling, so that they make no mistakes in any 
 words in common use. Without this it is impossible for them to 
 be good readers. And in the exercise of reading, they should in 
 sist on clear and district articulation, more than any other quality : 
 and generally the ability of the superintendent is relied upon to 
 detect bad habits in the manner of reciting, erroneous ideas on the 
 subject and superficial acquirements. 
 
 2. The discipline and conduct of the school. It can scarcely be 
 necessary to remark on the importance of order and system in the 
 schools, not only to enable the pupils to learn anything, but to give 
 them those habits of regularity so essential in the formation of 
 character. Punctuality of attendance, as well as its steady contin 
 uance should be enforced. Parents should be told how much their 
 children lose, to what inconvenience they expose the teacher, and 
 what disorder they j?ring upon the whole school, by not insisting 
 upon the scholars being punctually at the school room at the ap 
 pointed hour ; and above all, they should be warned of the injurious 
 consequences of allowing their children to be absent from school 
 during the term. By being indulged in absences they lose the 
 connection of their studies, probably fall behind their class, become 
 discouraged, and then seek every pretext to play the truant. The 
 habit of irregularity and insubordination thus acquired, will be apt 
 to mark their character through life. Trustees should be informed 
 that the omission of parents to require the regular and punctual at 
 tendance of their children will justify their exclusion, on account of 
 the effect of such irregularity upon the other pupils. 
 
 The superintendents should also observe whether the teachers 
 are careful to preserve the respect of their pupils, not only by 
 maintaining their authority, but by a becoming deportment, both 
 in the school room and out of it. 
 
163 
 
 3. With regard to the course of instruction, the advice of the 
 superintendents will often be of great value. The usual order has 
 been found by long experience to be the best, viz : the alphabet, 
 spelling, reading with definitions, arithmetic, geography, history and 
 grammar. No child should be put to any study beyond his capa 
 city, or for which he is not already prepared. English grammar 
 particularly demands so much exercise of the intellect, that it ought 
 to be delayed until the pupil has acquired considerable strength of 
 mind. 
 
 4. The books of elementary instruction. It is believed that there 
 are none now in use in our schools that are very defective ; and 
 the jdifference between them is so slight, that the gain to the 
 scholar will not compensate for the heavy expense to the parent, 
 caused by the substitution of new books with every new teacher ; 
 and the capriciousness of change which some are apt to indulge on 
 this subject, cannot be too strongly or decidedly resisted. Trustees 
 of districts should look to this matter when they engage teachers. 
 
 One consequence of the practice is, the great variety of text 
 books on the same subject, acknowledged by all to be one of the 
 greatest evils which afflicts our schools. It compels the teacher to 
 divide the pupils into as many classes as there are kinds of books, 
 so that the time which might have been devoted to a careful and 
 deliberate hearing of a class of ten or twelve, where all could have 
 improved by the corrections and observations of the instructor, is 
 almost wasted in the hurried recitations of ten or a dozen pupils 
 in separate classes ; while in large schools, some must be wholly 
 neglected. Wherever the superintendents find this difficulty exis 
 ting, they should not fail to point out its injurious consequences, 
 and to urge a remedy by the adoption of uniform text books as 
 speedily as possible. To accomplish this, let the trustees, under 
 the advice of the teacher, inspectors and superintendents, determine 
 what text books shall be used in each study, and require eve y 
 child thereafter coming to the school to be provided with the de 
 signated books. This very desirable uniformity may, perhaps, be 
 facilitated by exchanges between different districts, of the books 
 that do not correspond with those in general use, for such as do. 
 For instance, in one school the great majority of spelling books 
 may be those of Webster with some of Marshall s, while the latter 
 may predominate in another district in which there are also sever 
 al of Webster s In such cases, an exchange of the different books 
 hetween the two would obviously be mutually beneficial. The 
 superintendents might assist in the execution of such an arrange 
 ment by noting the proportions of the various books in the differ 
 ent schools. 
 
 5. The Erection of School Houses. It would be well for the town 
 superintendents to give particular attention to this subject. When 
 ever they learn that the building of a school house is contemplated, 
 they should advise with the trustees respecting its plan* He must 
 
164 
 
 be a superficial observer, who has not perceived how much the 
 health of pupils, the order and discipline of a school, and the con 
 venience of the teacher, depend upon the arrangements of the 
 school room. This is not the place to state the best models. In 
 formation upon that point, collected with great care from Europe 
 and America, has already been given, in the District School Jour 
 nal, and in Mr. BARNARD S admirable volume on school architec 
 ture. Whenever repairs are about to be made to school houses, 
 the superintendents should avail themselves of the occasion to re 
 commend such improvement as may be desirable. 
 
 6. In their consultations with trustees and teachers, the super 
 intendents should be especially careful to communicate their sug 
 gestions in a kind and friendly spirit, as the most likely means of 
 success, and as the only mode of preserving those harmonious rela 
 tions, which are essential to their own happiness as well as useful 
 ness ; and whenever they observe any thing in the mode of in 
 struction, in the government or discipline of the school, or in any 
 other point, which, in their judgment, requires correction, they will 
 make it a point to intimate their views to the teacher in private, 
 and never, on any occasion, suffer themselves to find fault with him 
 in the presence of his pupils. Children cannot discriminate, and 
 they will feek themselves at liberty to blame, when the example 
 has been set by others. The authority of the teacher should be 
 preserved entire while he remains. If his conduct is worthy of 
 public censure, he should be at once d smissed, rather than be re 
 tained to become an object of the contempt of his scholars. 
 
 IV. ANNUAL REPORT OF THE TOWN SUPERINTENDENT. 
 
 By 19 (No. 44) of the school act, and the succeeding sections, 
 it is made "the duty of the Town Superintendent in each town, 
 between the first day of July arid the first day of August, in each 
 year, to make and transmit to the county clerk, a report in writing 
 bearing date on the fi. st day of July, in the year ofitg transmission, 
 and stating, 
 
 1. The whole number of school districts and neighborhoods, 
 separately set off within their town : 
 
 2. The districts, parts of districts, and neighborhoods, from which 
 reports shall have been made to him, or his immediate predecessors 
 in office, within the time limited for that purpose : 
 
 3. The length of time a school shall have been kept in each of 
 such districts or parts of districts, distinguishing what portion of 
 that time the school shall have been kept by qualified teachers : 
 
 4. The amount of public moneys received in each of such dis 
 tricts, parts of districts and neighborhoods : 
 
 5. The number of children taught in each, and the number of 
 children over the age of four and under twenty-one years, residing 
 in each : 
 
 6. The whole amount of moneys received by him or his prede 
 cessors in office, during the year ending at the date of his report, 
 
165 
 
 and since the date of his last preceding report; distinguishing 
 the amount received from the county treasurer and from any other 
 and what source : 
 
 7. The manner in which such moneys have been expended, 
 and whether any and what part, remains unexpended, and for 
 what cause : 
 
 8. The amount of money paid for teachers wages, in addition 
 to the public money paid therefor, in the districts, parts of dis 
 tricts and neighborhoods from which reports shall have been re 
 ceived by him or his immediate predecessors, in office, with such 
 other information as the Superintendent of Common Schools may 
 frnm time to time require, in relation to the districts and schools 
 within his town. 
 
 Under this provision the Superintendent has required the fol 
 lowing additional items of information to be comprised in such 
 annual reports of the Town Superintendents : 
 
 1. The number of times the school in each district haf been 
 inspected by Town Superintendents, to be taken from the ab 
 stract furnished by the trustees : 
 
 2. The number of volumes in the library of each district, as 
 returned by the trustees : 
 
 3. The whole number of school districts, the school houses of 
 which are situated in their town : 
 
 4. The amount of money expended in each school district for 
 teachers wages, besides and beyond the public money apportion 
 ed to such district ; that is they will condense from the reports 
 of the trustees the amount paid by individuals, on rate-bills or 
 otherwise, and the amount collected from any local funds. 
 
 5. The attendance of pupils in the several district schools for 
 the following different terms, viz : 
 
 Those who attended l^ss than two months ; 
 
 * " two months and less than four ; 
 
 " " four months and less than six ; 
 
 " " six months and less than eight ; 
 
 4< " eight months and less than ten ; 
 
 (M ^ ten months and less than twelve; 
 
 " " twelve months ; 
 
 6- The amount of taxes levied in the several districts of the 
 town during the year reported for purchasing sites, building, 
 hiring, repairing and insuring school houses, fuel, books, book 
 case, school apparatus and other purposes : 
 
 7. The number of select and private schools in their tow, 
 other than incorporated seminaries, and the average number of 
 pupils therein, as stated in the reports of the trustees of the several 
 districts : 
 
 8. They are also required to condense, from the reports of the 
 several trustees, the number of schools for colored children taught 
 in their town, specifying the districts in which such schools have 
 been taught, the number of colored children, between the ages f 
 
166 
 
 four and twenty-one attending such schools ; and the amount of 
 public money apportioned to the respective districts from which 
 such children attended, specifying such districts. 
 
 The most common mistake committed by the Town Superin 
 tendents is in their report of moneys received by them, or their 
 predecessors, since the date of the last report. They often con 
 found this money with that received by trustees of districts, which 
 is an entirely different item. This last item is received on the 
 first Tuesday of April, and reported by the trustees on the first 
 of January following, and is embodied in the report of the su 
 perintendent among the abstracts of the trustees reports, in the 
 columns headed " amount of money received in each district." 
 But the money received by the Town Superintendents is that paid 
 to them by the county treasurer and town collector after the first 
 of January, and apportioned by them on or before the first Tues 
 day in April, and is not contained in the reports ot the trustees. 
 
 In making their annual reports, the Town Superintendents 
 shoulasee that the several columns of their table are correctly 
 footed, and the figures plainly and distinctly made. 
 
 Town Superintendents neglecting to make such report within 
 the limited period, forfeit severally to their town, for the use of 
 the common schools therein, the sum of ten dollars ; and the 
 share of school moneys apportioned to such town for the ensuing 
 year, may, in the discretion of the Superintendent of Common 
 Schools, be withheld, and be distributed among the other towns 
 in the same county, from which the necessary reports shall have 
 been received. When the share of school moneys apportioned to 
 a town shall thus be lost to the town by the neglect of the Town 
 Superintendents, the officer guilty of such neglect forfeits to 
 his town the full amount, with interest, of the moneys so lost. It 
 is the duty of the supervisor of the town, upon notice of such loss, 
 from the Superintendent of Common Schools, or county treasurer, 
 to prosecute without delay in the name of the town, for such for 
 feiture ; and the moneys recovered are required to be distributed 
 and paid by such supervisor to the several districts, parts of dis 
 tricts, or separate neighborhoods of the town, in the same manner 
 as it would have been the duty of the Town Superintendent to 
 have distributed and paid them, if received from the county trea 
 surer. 22, 23, 24. (No. 47, 48, 49.) 
 
 By 15, of chap. 382, Laws of 1849, it is provided that "when 
 ever it shall be satisfactorily proved to the State Superintendent 
 that any county or town superintendent, or other school officers, 
 has embezzled the public money, or any money coming into his 
 hands for school purposes, or has been guilty of the wilful viola 
 tion of any law, or neglect of duty or of disobeying any decision, 
 order or regulation of the Department of Common Schools, the 
 State Superintendent is authorised to remove such officer from, 
 such office, by an order under the seal of office of the Secretary 
 of State. 
 
167 
 
 V. PENALTIES AND FORFEITURES TO BE COLLECTED BY TOWN 
 SUPERINTEND ENTS. 
 
 By subdivision 8 of 8, Rev. Stat. (No. 33,) the Town Super 
 intendent is to sue for and collect by his name of office, all pen 
 alties and forfeitures imposed by the title relating to common 
 schools, where no other provision is made ; for the penalty of five 
 dollars prescribed by 57, (No. 79,) upon the refusal or neglect of 
 any inhabitant of a district to serve the notice of the first meeting ; 
 the same penalty for altogether refusing to serve in a district office ; 
 and the penalty often dollars for neglecting to perform the duties 
 of a district office, not having refused to accept the same ; and for 
 the penalty of $25, against Trustees neglecting or refusing an 
 nually to render an account of the moneys received by them, given 
 by 130 (No. 150J of the school act. 
 
 He is also to prosecute for the penalty of twenty -five dollars 
 imposed by 123 (No. 143,) upon every trustee who signs a false 
 report, with the intent of obtaining an unjust proportion of the 
 school moneys of the town. Justice to the several districts re 
 quires that the Town Superintendents should be vigilant in de 
 tecting such errors, and in applying the remedy provided by law 
 in all cases where they arise from design. 
 
 The sums collected by him in suits for penalties, after deduct 
 ing his costs and expenses, are to be added to the school moneys 
 received by him during the year, and apportioned among the 
 several districts. 
 
 VI. MISCELLANEOUS DUTIES. 
 
 By 25, (No. 50,) and the succeeding sections, the Town Su 
 perintendent in each town is required to keep a just and true ac 
 count of all school moneys received and expended by him during 
 the year for which he shall have been chosen, and to lay the same 
 before the board of auditors of the accounts of other town officers 
 at the annual meeting of such board in the same year. Within 
 fifteen days after the termination of his office he is required to 
 render to his successsor in office a just and true account, in writing, 
 of all school moneys by him received, before the time of render 
 ing such account, and of the manner in which the same shall have 
 been appropriated and expended by him ; and the account so 
 rendered is to be delivered by such successor in office to the town 
 clerk, to be filed and recorded in his office. If, on rendering such 
 account, any balance shall be found remaining in the hands of the 
 Town Superintendent, the same is immediately to be paid by him 
 to his successor in office. If such balance, or any part thereof, 
 shall have been appropriated by the Town Superintendent to any- 
 particular school district, part of a district or separate neighbor 
 hood, and shall remain in his hands for the use thereof, a state 
 ment of such appropriation is required to be made in the account 
 so to be rendered, and the balance paid to such successor in office, 
 to be paid over by him, according to such appropriation. His 
 successor in office may bring a suit in his name of office, for the 
 
168 
 
 recovery, with interest, of any unpaid balance of school moneys 
 that shall appear to have been in the hands of any previous Town 
 Superintendent on leaving his office, either by the accounts render 
 ed by such Town Superintendent, or by other sufficient proof. In 
 case of the death of such Town Superintendent, such suit may be 
 brought against his representatives, and all moneys recovered are 
 to be applied in the same manner as if they had been paid over 
 without suit. 
 
 By 30, the Town Superintendent of common schools in each 
 town, has the powers and privileges of a corporation, so far as to 
 enable him to take and hold any property transferred to him for 
 the use of common schools in such town. 
 
 A mere transfer of vouchers or receipts, by a Town Super 
 intendent, on the expiration of his official term, is not such an 
 account as the law contemplates. There must be a written state 
 ment of the amount of moneys received, appropriated arid ex 
 pended by him ; and this statement must be filed and recorded 
 by the town clerk. Com. School Dec. 189. 
 
 The written approbation of the Town Superintendent to be en 
 dorsed on the warrant is, by the 113th section of the act of 1843, 
 (No. 133) made requisite to the validity of any second or sub 
 sequent renewal of a school district warrant for the collection of 
 a tax list or rate bill. This approbation should be granted only 
 where a satisfactory excuse is shown for the omission to collect 
 the amount specified in the warrant within the time prescribed 
 by law, and extended by one renewal. Taxes and rate bills 
 should be promptly collected ; and in ordinary cases sixty days 
 affords ample time for this purpose ; and further indulgence 
 should in no case be granted excepting under special and pecu 
 liar circumstances. 
 
 By 70 (No. 92) of the school act, it is provided that " no 
 tax to be voted by any district meeting, for building, hiring or 
 purchasing a school house shall exceed the sum of four hundred 
 dollars, unless the Town Superintendent of common schools of 
 the town in which the school-house is to be situated, shall certify 
 in writing, his opinion that a larger sum ought to be raised, and 
 shall specify the sum ; in which case, a sum not exceeding the 
 sum so specified shall be raised." Arid by 1 of chap. 44, Laws 
 of 1831, Sec. 73, (No. 95 ,) " Whenever a school house shall 
 have been built or purchased for a district, the site of such school 
 house shall not be changed, nor the building thereon be removed, 
 as long as the district shall remain unaltered, unless by the con 
 sent, in writing, of the Town Superintendents of Common 
 Schools, of the town or towns within which such district shall be 
 situated, stating that in their opinion such removal is necessary ; 
 nor then, unless a majority of all the taxable inhabitants of said 
 district 10 be ascertained by taking- and recording- the ayes and 
 noes at a special meeting called for that purpose, shall vote for 
 such removal and in favor of such new site." 
 
169 
 
 A majority of the taxable inhabitants who are legal voters in 
 the district, present and voting at such special meeting is suffi 
 cient, in conjunction with the written certificate of the Town 
 Superintendent to authorize a change of site in an altered dis 
 trict. 
 
 Town Superintendents are bound to furnish answers to all 
 appeals brought from any of their proceedings. Com School 
 Dec. 187. 
 
 Where a school district is established by the State Super 
 intendent on appeal, Town Superintendents have no power 
 to alter, modify or dissolve the same, without express authority 
 from the State Superintendent; nor can they, without such 
 authority, re-establish a district, or re-publish an order after their 
 proceedings in the same matter have once been set aside on 
 appeal. 
 
 Where any school district office is vacated by the death, re 
 fusal to serve, removal out of the district, or incapacity of any 
 officer, and the vacancy occasioned thereby shall not be supplied 
 by a district meeting, within one month thereafter, the Town 
 Superintendent may appoint any person residing in the district to 
 supply such vacancy, 77 (No. 98.) If, however, the district, 
 by election, fills the vacancy after the expiration of the month, 
 and prior to the action of the Town Superintendent, such elec 
 tion is valid, and the Town Superintendent cannot subsequently 
 make an appointment. Com. School Decisions, 179. 
 
 By 146 of the act of 1847, (No. 169) it is provided that "In 
 any suit which shall hereafter be commenced against Town Super 
 intendents of Common Schools, or officers of school districts, for 
 any act performed by virtue of, or under color of, their offices, or 
 for any refusal or omission to perform any duty enjoined by law, 
 and which might have been the subject of an appeal to the Super 
 intendent, no costs shall be allowed to the plaintiff in cases where 
 the court shall certify that it appeared on the trial of the cause that 
 the defendants acted in good faith. But this provision shall nol 
 extend to suits for penalties, nor to suits or proceedings to enforce 
 the decisions of the Superintendent." 
 
 By 6 of chap. 330 of laws of 1839, 145, (No. 168) "Town 
 Superintendents of common schools, and trustees and clerks of 
 school districts, refusing or wilfully neglecting to make any report, 
 or to perform any other duty required by law, or regulations or 
 decisions made under the authority of any statute, shall severally 
 forfeit to their town, or to their district, as the case may be, for 
 the use of the common schools therein, the sum often dollars for 
 each such neglect or refusal, which penalty shall be sued for and 
 collected by the supervisor of the town, and paid over to the prop 
 er officers, to be distributed for the benefit of the common schools 
 in the town or district to which such penalty belongs ; and when 
 the share of school or library money apportioned to any town or 
 
170 
 
 district, or any portions thereof, or any money to which a town or 
 school district would have been entitled, shall be lost in conse 
 quence of any wilful neglect of official duty by any town superin 
 tendent of common schools, or trustees or clerks of school districts, 
 the officers guilty of such neglect shall forfeit to the town or dis 
 trict the full amount with interest, of the moneys so lost ; and 
 they shall be jointly and severally liable for the payment of such 
 forfeiture." 
 
 By 72 (No. 94) It is provided that "in every case where a 
 district embraces a part of more than one town, the town superin 
 tendents of the towns so in part embraced, upon application of the 
 trustees of such districts, or of those persons liable to pay taxes 
 upon real property therein, shall proceed to enquire and determine 
 whether the valuation of real property upon the several assessment 
 rolls of said towns are substantially just as compared with each 
 other, so far as such district is concerned, and if determined not to 
 be so, they shall determine the relative proportion of taxes that 
 ought to be assessed upon the real property of the parts of such 
 districts so lying in different towns, and the trustees of such district 
 shall thereupon assess the proportion of any tax thereafter to be 
 raised according to the determination of said superintendents until 
 the same shall be altered by said superintendents until the same 
 shall be altered by said superintendents upon like application, using 
 the assessment rolls of the several towns to distribute the said pro 
 portion among the persons liable to be assessed for the same. In 
 cases where two superintendents shall be unable to agree, they 
 shall summon a superintendent from some adjoining town, who 
 shall unite in such inquiry and determination." 
 
 Town superintendents are not within the class of public officers 
 required by the Constitution to take the oath of office. 
 
 FORMS PRESCRIBED AND RECOMMENDED BY THE 
 SUPERINTENDENT OF COMMON SCHOOLS FOR 
 THE USE OF TOWN SUPERINTENDENTS. 
 
 1. FORM OF BOND TO BE GIVEN BY THE TOWN SUPERINTEND 
 ENT TO THE SUPERVISOR. 
 
 Know all men by these presents, that we A. B., C. D., and E. 
 
 F., of the town of in the county of are held and 
 
 firmly bound to J. K. Esq., Supervisor of said town, in the penal 
 aum of [double the amount of school money received in said town 
 from all sources during the preceding year,] to be paid to the 
 said J. K. or his successor in office; to the which payment, well 
 and truly to be made, we bind ourselves and our legal representa 
 tives, jointly and severally, firmly by these presents. Witness our 
 hands and seals this day of June, 1851. 
 
 Whereas, the said A. B. has been duly elected [or appointed] 
 Town Superintendent of Common Schools for the said town of 
 
171 
 
 : Now therefore, the condition of this obligation is such, 
 
 that if the said A. B. shall faithfully apply and legally disburse, 
 all the school money which may corne into his hands during his 
 term of office as such Town Superintend nt, and faithfully dis 
 charge all the duties of said office, then this ob igation to be null 
 and void ; otherwise to remain in full force and virtue. 
 Signed sealed and deliv- \ A. B. 
 
 ered in presence of 
 
 ) A. B. T, s.] 
 
 \ C. D. L. s.] 
 
 ) E. F. L. s ] 
 
 (Endorsement.) " I hereby approve of C D. and E. F. as sure 
 ties to the within bond." J. K. 
 
 2. FORM OP A RESOLUTION CREATING A NEW DISTRICT. 
 
 At a meeting, &c. 
 
 Resolved, That a new school district be formed, to consist of 
 [the present Districts Nos. 1 and 2 ; or of the present District No. 
 1 and a part of District No 2 ; or parts of Districts No. I and 
 No. 2, as the case may be,] which said new district shall be num 
 bered [23,] and shall be bounded as follows : [on the north by 
 the north tine of the town of Trenton : on the east by the east 
 erly line of the farms and lots of land now occupied by Thnmas 
 Jones, William Thomas, &c. : on the south by the south line of 
 lots No. 56, 57 and 58, as designated on the map of said town : 
 and on the west by the westerly line of the farms and lots nowoo- 
 cupiee by A, B, C, D, &,c.] 
 
 The formation of the aforesaid district, involving an alteration 
 of District No. [I and No, 2,] the consent of the trustees of the 
 said districts to such alteration has been presented to the Town 
 Superintendent, and filed with the town clerk. [Or, if such con 
 sent has not been given, the following entry should be made : The 
 formation of the aforesaid district, involving an alteration of dis 
 tricts No. 1 and 2, and the consent of the trustees of District No. 
 1 to such alteration not having been given, it is ordered that a no 
 tice in writing of the said alteration, signed by the Town Super 
 intendent, be served on one of the trustees of the said district.] 
 If the order is made between the first day of December, in any 
 year, and the first day of May thereafter, the following clause 
 should be added, viz : " This order will take effect on the first 
 day of May next, [or on some subsequent day to be specified.] 
 
 2. The consent of the trustees of the altered districts may be 
 given by endorsing it on a copy of the order, as follows : 
 
 We hereby consent to the alteration made m District No. 2, in 
 the town of Trenton y by the order of which the within is a copy, 
 
 Dated, &c. 
 
 Trustees of district 
 
 x 
 
 JH 
 
 ? 
 
 . b. J 
 
172 
 
 This consent, like all other acts of trustees, should be given at 
 a meeting of the whole, or a majority, when all have been notified 
 to attend. The statute does not require it to be in writing; but it 
 is advisable to prevent disputes, that a written consent should be 
 filed with the town clerk. 
 
 3. FORM OF NOTICE TO TRUSTEES NOT GIVING THEIR CONSENT TO 
 AN ALTERATION OF THEIR DISTRICT. 
 
 The Trustees of District No. 1, in the town of Trenton will 
 take notice that an order was made this day by the Town Super 
 intendent of Common Schools of the said town, of which the fol 
 lowing is a copy, by which certain alterations in the said district 
 are made, as will appear by the said order; and that such altera 
 tions will take effect after three months from the service of this 
 notice. [If the expiration of the three months occur between the 
 first day of December and May, then some day subsequent to the 
 to the thirtieth of April should be specified.] Dated, &c. 
 
 G. H., Town Superintendent of Common 
 
 Schools of the town of Trenton. 
 
 [Here insert copy of order of Town Superintendent.] 
 This notice may be served on any one of the trustees ; and it 
 will be found useful to have an acknowledgment of the service 
 by the trustees receiving the notice, endorsed on a copy of it and, 
 filed with the town clerk. 
 
 4. NOTICE OF THE FIRST MEETING IN A DISTRICT TO ORGANIZE. 
 
 This is required by law to be given within twenty day, afret 
 the formation of any district. If the consent of the trustees of the 
 districts interested, has been given to the alterations covered by 
 the order, then the notice should be for a day as early as may al 
 low sufficient time for general information. But if it be necessa 
 ry to give notice of the alterations to the trustees of any district, 
 then the notice for the first meeting should specify a day subse 
 quent to the expiration of three months after service of the notice 
 of alteration, because the district cannot organize until after that 
 time, .^fr" 
 
 The notice may be in the following form : 
 To , a taxable inhabitant of District no 23, in the town 
 
 of Trenton. 
 
 The town Superintendent of Common Schools of the town of 
 Trenton, having by an order, of which the following is a copy, 
 formed a new district in the said town to be numbered 23, con 
 sisting of the territory particularly specified in the said order ; 
 you are hereby required to notify every inhabitant of the said dis 
 trict qualified to vote at district meetings, to attend the first dis 
 trict meeting of the said district, which is hereby appointed to b 
 held at the house of in the said town, on the day of 
 
 next, at 6 o clock in the afternoon, by reading this notic 
 
178 
 
 in the hearing of each such inhabitant, or in case of his absence 
 from home, by leaving a copy of this notice, or of so much there 
 of as relates to the time and place of such meeting, at least six 
 days before the said time so appointed for the said meeting. Da 
 ted, &c. 
 
 A. B., Town Superintendent of Common 
 
 Schools of the town of Trenton. 
 
 A copy of the order forming the district should be annexed to 
 this notice, as the most convenient mode of describing the district, 
 and most likely to prevent errors. 
 
 The inhabitant serving the notice should keep a memorandum 
 of the names of the persons notified by him, specifying the man 
 ner of notifying, whether by reading or leaving a copy, or the sub 
 stance of trie notice, at the place of abode of any absent voter ; 
 and this memorandum, certified by him, should be delivered to 
 the chairman or clerk of the district meeting and read, that it may 
 be ascertained whether notice has been duly given so as to justi 
 fy the voters in proceeding to the transaction of business ; and the 
 original notice and return should be filed with the district clerk, 
 as evidence of the regularity of the organization. 
 
 7. FORM OF A RESOLUTION FOR THE ALTERATION OF A DISTRICT. 
 
 At a meeting of, &c., 
 
 Resolved, That districts number 1 and number 2, in the said 
 town, be altered as follows, viz: by setting off the farms and 
 parcels of land occupied by John Brown, Thomas Jones, and 
 William Richards, from District number one, in which they 
 have heretofore been included to District number two ; so that 
 the east boundary of District number one shall be the easterly 
 line of the farms and parcels of lands occupied by A. B. C. D. 
 &,c., and the westerly boundary of district number two shall be 
 the westerly lines of the farms and parcels of land occupied by 
 the said John Brown, Thomas Jones and William Richards ; 
 the said John Brown having consented to be set off as aforesaid. 
 The written consent of the trustees of the said districts number 
 one and two, having been presented to the Town Superin 
 tendent, is filed with the town clerk ; [or, The consent of the 
 trustees of the said districts respectively, (or of district No. 1 or 
 2, as the case may be,) not having been given to the said altera 
 tion, it is ordered that a notice in writing of such alteration 
 signed by the Town Superintendent, be served on some one 
 of the trustees of each of the said districts, (or of district No. 
 1 or 2.)] 
 
 In the above form, it will be seen that the new boundaries of 
 the districts, caused by the alteration, are given. This is deemed 
 very necessary in order to prevent all mistake or ambiguity, and 
 to preserve a continual record of the actual bounds of the districts. 
 If any of the persons set off consent to the alteration, it should be 
 stated, so that the trustees may know whether he is taxable for 
 building a school-house. 
 
174 
 
 The consent of trustees to the alteration, and in case of their 
 not consenting, the notices to them, will be as before given under 
 the 2d and 3d heads. 
 
 8. PROCEEDINGS IN THE FORMATION OR ALTERATION OF A JOINT DIS 
 
 TRICT, FROM TWO OR MORE TOWNS. 
 
 The proceedings in the formation of a joint district will be in 
 all respects similar lo those previously given in relation to ordi 
 nary c^ses, with the following additions : 
 
 As there is no clerk assigned by law to the joint meeting, the 
 officers present should sign the proceedings. 
 
 The caption should give the names of the towns to which the 
 Town Superintendents belong ; and the resolutions should be re 
 corded in each of those towns. 
 
 9. FORM OF CERTIFICATE TO TEACHER BY TOWN SUPERINTENDENT. 
 
 I hereby certify that I have examined A. B. and do believe that 
 he [or she] is well qualified, in respect to moral character, learn 
 ing and ability, to instruct a common school in this town for one 
 year from the date hereof. 
 
 Given under my hand at this day of 18 
 
 C. D., Town Superintendent of Com 
 mon Schools for the town of 
 
 10. FORM OF INSTRUMENT ANNULLING A TEACHER S CERTIFICATE. 
 
 Having enquired into certain complaints against A. B., hereto 
 fore licensed as a teacher of common schools of said town, and 
 being of opinion that he, the said A. B., does not possess the re 
 quisite qualifications as a teacher, in respect to moral character, 
 [or " in respect to learning," or "in respect to ability in teach 
 ing," as the case may be,] and having given at least ten days pre 
 vious notice in writing to said teacher, and to the trustees of the 
 district in which he is employed, of the intention so to do, I have 
 annulled and hereby do annul the said certificate and license so 
 granted as aforesaid. 
 
 Given under my hand this day ot 18 
 
 C. D., Town Superintendent 
 
 of Common Schools. 
 
 As a note in writing, containing the name of the teacher, and 
 the time when his certificate was annulled, must be filed in the 
 town clerk s office, to give it effect, the most convenient and ef 
 fectual mode of complying with the law, will be to make out, sign 
 and file, a duplicate of the instrument itself. 
 
 11. FORM OF THE ANNUAL REPORT OF THE TOWN SUPERINTENDENT 
 OF COMMON SCHOOLS, TO BE MADE TO THE COUNTY CLERK. 
 
 I, A. B. Town Superintendent of common Schools of the town 
 of in the county of in conformity with the statutes 
 
 in relation to common schools, do report : that the number of en- 
 
175 
 
 tire school districts in said town, organized according to law, is 
 [eight,~\ and that the number of parts of school districts in said 
 town is [Jive~] ; that the number of joint districts, the school-hous 
 es of which are situated wholly or partially in said town, is [three ] ; 
 that he number of entire districts from which the necessary re 
 ports have been made for the present year, within the time limit 
 ed by law, is [eight, ] and the number of parts of districts from 
 which such reports have been made is [Jive. ] That the number 
 of schools for colored children taught by said town during the 
 year aforesaid, for six months or upwards, by a duly qualified 
 teacher, was [<z0o.] 
 
 And I do further certify and report, that the whole amount of 
 money received by me, or my predecessors in office, for the use of 
 common schools, during the year ending on the date of this re 
 port, and since the date of the last report of said town, is $ 
 of which sum the part received from the county treasurer is $ 
 the part from is $ and that we have collected the 
 
 sum of for penalties (if any has been collected) [and if there 
 be any other source from which any part has been received, here 
 state it particularly.] That the said sum of money has been ap 
 propriated to the several districts from which the necessary re 
 ports were received, for the purposes and in the proportion follow 
 ing, viz : the sum of $ for the payment of teachers wages, 
 and the sum of $ for the purchase of district libraries. That 
 of the monies so apportioned, there has been paid over to or on the 
 order of the trustees of the several districts entitled thereto, the 
 sum of dollars and cents for teachers wages, and dol 
 lars and cents of the library money ; and that the balance of 
 said monies so apportioned and not paid over, is now in my hands 
 amounting in the aggregate to dollars and cents, and ready 
 to be paid according to law. That the sum of $ was appor 
 tion by me to district No. for colored children in said dis 
 trict between the ages of four and 21 years, who have attended a 
 school in district No. in said town, by a duly qualified teacher, 
 for six months during the preceding year ; and $ to district 
 No. for colored children attending in said district ; and 
 that I have deducted the said several amounts from the sums by 
 me apportioned to the said districts No. and respectively. 
 And I further certify that during the year before mentioned, I 
 have not collected any fines, penalties or forfeitures : [or, And I 
 further certify that during the year before mentioned, I have col 
 lected a penalty of $25, imposed on A. B. a trustee of district No. 
 in said town, for signing a false report ; and that my costs 
 and charges in such collection amounted to $ ; and the 
 balance of such penalty was by me added to the school money 
 received by me and apportioned as above mentioned.] That the 
 school books most in use in the common schools of said town are 
 the following, viz : [here specify the principal books reported by 
 the several trustees.] And I further certify the tables following, 
 
.176 
 
 to be true abstracts from the reports of the trustees of the several 
 districts and parts of districts as aforesaid : 
 
 s 
 
 h 
 
 " sr 
 
 1 
 
 N^7. 
 
 
 
 1 
 
 fill 
 H 
 
 5-g^l 
 
 sli-s 
 
 Whole length of 
 time any school 
 has been kept 
 therein. 
 
 Length of time 
 such school has 
 been kept by li 
 censed teachers. 
 
 Amount of money re-! 
 ceived by districts. ! 
 
 ?or teach 
 ers wages 
 
 For Libra 
 ries. 
 
 s^ 3 -^ > 
 P S^ 
 
 Dols. Cts. 
 
 Dols. Cts. 
 
 Months, 
 
 Dhjs. 
 
 Months. 
 
 Days. 
 
 1 
 
 2 
 3 
 4 
 5 
 6 
 7 
 8 
 
 6 
 4 
 8 
 8 
 6 
 4 
 4 
 9 
 
 10 
 6 
 6 
 3 
 
 8 
 
 
 
 3 
 4 
 8 
 4 
 6 
 4 
 4 
 4 
 
 10 
 3 
 6 
 3 
 
 8 
 
 
 
 10 30. 
 17 88. 
 15 76. 
 21 51. 
 21 21. 
 16 06. 
 11 51 
 14 54. 
 
 9 70. 
 4 55. 
 8 48. 
 8 18. 
 8 79. 
 
 5 15 
 8 94 
 7 88 
 10 76 
 10 62 
 8 04 
 5 76 
 7 27 
 
 4 85 
 2 27 
 4 24 
 4 09 
 4 39 
 
 12 
 
 12 
 
 
 
 
 12 
 6 
 
 6 
 
 PAKTS OF 
 DISTRICTS. 
 
 9 
 10 
 11 
 12 
 13 
 
 
 
 5 
 
 5 
 
 
 Total, | 13 1 83 
 
 35 
 
 65 
 
 23 
 
 168 47. 
 
 84 26 
 
 [Continuation of Table on next page J\ 
 
 
 
177 
 
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178 
 
 CHAPTER III. 
 
 POWERS AND DUTIES OF INHABITANTS OF SCHOOL DISTRICTS. 
 
 By 65 (No. 87) of the school act, it is provided that " an annual 
 meeting shall be held at the time and place previously appointed ; 
 and at the first district meeting, and at each annual meeting, the 
 time and place of holding the next annual meeting shall be fixed." 
 
 Annual meetings need not be precisely one year apart. The 
 time may be a few days or weeks more or less than a year, if the 
 inhabitants think it necessary. For instance, an annual meeting 
 held on the fast Tuesday of October may be adjourned to the 
 second Tuesday of October of the next year. The propriety of the 
 act in every case must depend upon the circumstances attending 
 it. No general rule as to the extent of the variation from a year 
 can be laid down as applicable to all cases. Com. School Dec. 
 289. 
 
 It is proper, however, to observe, that as by the act of 1843 
 ene trustee only is hereafter to be annually elected, who holds his 
 office for three years, and as in case of a vacancy, such vacancy is 
 to be supplied only for the unexpired term left vacant, the variations 
 in the time of holding the annual meeting ought not to exceed 
 three or four weeks. The time from one annual meeting to 
 another must always be considered and treated as one year. 
 
 By 66 of the act of (No. 88,) " Whenever the time for hold 
 ing annual meetings in a district, for the election of district officers 
 shall pass without such election being held, a special meeting shall 
 be notified by the clerk of such district to choose such officers ; and 
 if no such notice be given by him or the trustees last elected or 
 appointed, within twenty days after such time shall have passed, 
 any inhabitant of such district qualified to vote at district meetings, 
 may notify such meeting in the manner provided by law in case 
 of the formation of a new district ; and the officers chosen at any 
 such special meeting, shall hold their office until the time for hold- 
 in- the next annual meeting." 
 
 By 67 of Laws of 1847, (No. 89,) "When the clerk, and all 
 the trustees of a school district, shall have removed, or otherwise 
 vacated their office, and where the records of a district shall have 
 been destroyed or lost, or where trustees neglect or refuse to call 
 meetings to choose trustees, the Superintendent of Common Schools 
 shall have authority to order such meetings." 
 
 By 68 ( No. 90,) * When in consequence of the loss of the 
 records of a school district, or the omission to designate the day 
 for its annual meeting, there shall be none fixed, or it cannot be 
 ascertained, the trustees of such district may appoint a day for 
 holding the annual meeting of such district." 
 
 If an annual meeting is held at the time and place appointed at 
 or adjourned from the annual meeting of the preceding year, the 
 proceedings will be deemed valid, notwithstanding the omission of 
 the clerk to give the notices prescribed by law. 
 
179 
 
 Where the place and time of day for holding the annual meet 
 ing are not designated by the inhabitants, the usual place and 
 time of day for holding such meetings will be understood, and the 
 notices of the clerk should correspond thereto. When assembled, 
 the inhabitants may adjourn to any other convenient place ; but the 
 clerk cannot, in his notices for the annual meeting, designate any 
 other than the usual place for holding such meeting, .where the in 
 habitants at their last annual meeting omitted to specify any place. 
 Com. School Dec. 129, 141. 
 
 The law has not specified what number of inhabitants shall 
 constitute a quorum for the transaction of business at a district 
 meeting, annual or special : and accordingly the proceedings, if 
 otherwise regular, will not be disturbed by reason of the paucity 
 of attendance on the part of the inhabitants, where the notice has 
 been fair and public, and there is no room for the allegation of 
 surprise. A reasonable time, should, however, be allowed for the 
 inhabitants to assemble, after which those in attendance may legal 
 ly proceed to the transaction of any district business. 
 
 By 69 (No. 91) it is provided that k< a special meeting shall 
 be held in each district whenever called by the trustees ; and the 
 proceedings of no district meeting, annual or special, shall be held 
 illegal, for want of a due notice to all the persons qualified to vote 
 thereat, unless it shall appear that the omission to give such notice 
 was wilful and fraudulent." 
 
 This latter provision was intended for cases where through ac 
 cident* or mistake, the proper legal notice has not been given te 
 all ^vho are entitled to it : but it cannot be construed to extend to 
 cases in which no attempt is made to give the notice required by 
 law to any of the inhabitants. Where the clerk of a district un 
 dertakes to give a notice in the manner provided by the statute, 
 and has failed, unintentionally, to serve such notice on all the per 
 sons entitled to receive it, or where such notice is imperfectly 
 served, the proceedings of the meeting will not be void on that 
 account. They may, however, be set aside on appeal, on showing 
 sufficient cause. Com. School Dec. 186, 223. 
 
 The law in terms, prescribes that the object for which a special 
 meeting is called shall be stated in the notice for such meeting. 
 
 The opportunities afforded by the coming together of the in 
 habitants of each district, for deliberation and consultation in re 
 lation to their schools, and the various interests connected there 
 with, are calculated to exert a most beneficial influence in favor 
 of education ; to promote union, harmony and concert of action in 
 the several districts ; and to cement the ties of friendly social in 
 tercourse between those having a common interest in the moral 
 and intellectual culture of their children. It is, therefore, of the 
 utmost importance that they should not be neglected ; that the in 
 habitants should be prompt and uniform in their attendance ; and 
 that the proceedings should be invariably characterized with that 
 order, regularity dignity and decorum which can alone command 
 
180 
 
 respect and^ efficiently attain the objects to be accomplished. To 
 secure as far as possible the attainment of these desirable ends, it is 
 proposed in this place to examine the powers and duties of the inhab 
 itants, when assembled in district meeting, the mode of proceeding 
 the keeping of the minutes and records, the qualifications of voters? 
 and some other subjects of general interest, connected with the* 
 proceedings of district meetings. 
 
 1. POWRRS AND DUTIES OF INHABITENTS WHEN ASSEMBLED 
 IN DISTRICT MEETING. 
 
 These are particularly specified in 62, (No. 84J of the act, 
 and will be noticed in their proper order. They are, to appoint 
 a moderator ; to adjourn from time to time as occasion may require ; 
 to choose district officers at their first meeting upon the organiza 
 tion of the district, and as often as vacancies occur, by expiration 
 of the term of office or otherwise ; to designate a site for district 
 school-houses ; to lay such tax on the taxable inhabitants of the 
 district as the meeting shall deem sufficient to purchase or lease a 
 suitable site for a school-house, and to build, hire, or purchase such 
 school-house, and to keep in repair and furnish the same with nec 
 essary fuel and appendages ; and to repeal, alter and modify their 
 proceedings from time to as occasion may require. 
 
 By the 10th section of the act of 1841, sub. 8. (No. 84,) the 
 inhabitants are authorized, with the consent of the Town Super 
 intendent of common schools, to designate sites for" two or more 
 school houses for their district, and to lay a tax for the purchase 
 or lease thereof, and for the purchase, hiring or building of school 
 houses thereon, and the keeping in repair and furnishing the same 
 with necessary fuel and appendages. 
 
 This provision authorizing* more than one site and school house, 
 is intended for the accommodation of those districts that may be 
 so peculiarly situated as to render a division inconvenient or not 
 desirable. A banking or other corporation, or some manufacturing 
 establishment liable to taxation, may thus be rendered beneficial 
 to a large territory and a greater number of inhabitants, instead 
 of having its contributions applied for the benefit of a few. And 
 in populous places, it may often be convenient to have a school 
 for very young children distant from that attended by those more 
 advanced. In these and other cases, the districts should not 
 hesitate to exercise the power given by this section. But they 
 should in all cases obtain the previous assent of the Town Super 
 intendent. 
 
 The same section authorizes the inhabitants, in their discretion 
 and without the assent of the Town Superintendent, to levy a tax 
 not exceeding twenty dollars in any one year, for the purchase 
 of maps, globes, black-boards and other school apparatus. The 
 principal facts in geography are learned better by the -eye than in 
 any other manner, and there ought to be in every school-room a 
 map of the world, of the United States, of this state and of the 
 
181 
 
 county. Globes also are desirable, but not so important as maps. 
 Large black-boards, in frames or plaster are indispensable to a well 
 conducted school. The operations in arithmetic performed on them, 
 enable the teacher to ascertain the degree of the pupils acquire 
 ments, better than any result exhibited on slates. He sees the 
 various steps taken by the scholar, and can require him to give 
 the reason for each. It is in fact an exercise for the entire class ; 
 and the whole school, by this public process, insensibly acquires 
 a knowledge of the rules and operations in this branch of study. 
 
 Cards containing the letters of the alphabet, or words, may be 
 usefully hung up in the room. Indeed the whole apparatus pro 
 vided by Mr. Holbrook and others, is eminently calculated to 
 facilitate the acquisition of knowledge and to render it agreeable. 
 
 The amount of the tax which may be voted for the purchase or 
 lease of sites for the district school-house, and for the repairs, fur 
 niture, fuel and appendages, is left wholly to the discretion of the 
 district, and is unlimited by law : but no tax for building, hiring 
 or purchasing a school house can exceed the sum of four hundred 
 dollars, unless on the certificate of the Town Superintendent that a 
 larger sum, specifying the amount, ought, in his opinion, to be rais 
 ed; in which case a sum not exceeding the sum so specified, may be 
 raised. 70 (No. 92,) If the district under the act of 1841, raise 
 a tax for building, hiring or purchasing two or more school-houses, 
 a tax for each may be levied, to the amount of $400, without a 
 certificate from the Town Superintendent. 
 
 Whenever a majority of all the taxable inhabitants who are 
 legal voters of any school district, to be ascertained by taking and 
 recording the ayes and noes of such inhabitants attending at any 
 annual, special or adjourned school district meeting legally called 
 or held, determine that the sum proposed and provided to build a 
 school house, shall be raised by instalments ; it is the duty of 
 the trustees to cause the same to be levied, raised and collected, 
 in equal annual instalments, in the same manner, and with the 
 like authority that other school district taxes are raised, levied 
 and collected, and to make out their tax list and warrant, for the 
 collection of such instalments as they become payable according 
 to the vote of the said inhabitants ; but the payment or collection 
 of the last instalment can not be extended beyond five years from 
 the time such vote was taken ; and no vote to levy any such tax 
 can be reconsidered except at an adjourned general or special 
 meeting to be held within thirty days thereafter, and the same 
 majority is required for reconsideration as is required to levy such 
 tax. 
 
 By 71 (No. 93) and 74 No. 96, the inhabitants are author 
 ized, whenever the site of their school-house has been legally 
 changed, to direct the sale of the former site or lot, and the build 
 ings thereon, and appurtenances, or any part thereof, at such 
 price and upon such terms a% they shall deem most advantageous 
 to th district. 
 
182 
 
 By the 136th section of the act of 1847, (No. 155) it isprorid- 
 ed that " whenever the number of volumes in the district library 
 of any district numbering over fifty children between the age of 
 four and twenty-one years, shall exceed one hundred and twenty- 
 five; or of any district numbering fifty children or less, between 
 the said ages shall exceed one hundred volumes, the inhabitants 
 f the district qualified to vote therein, may, at a special or annual 
 meeting, duly notified for that purpose, by a majority of votes, ap 
 propriate the whole or any part of the library money belonging to the 
 district for the current year, to the purchase of maps, globes, 
 black-boards, or other scientific apparatus, for the use of the school, * 
 and in every district having the required number of volumes in 
 the district library, and the maps, g obes, black-boards and other 
 apparatus aforesaid, the said moneys, with the approbation of the 
 State Superintendent may be applied to the payment of teachers 
 wages. 
 
 The object of this enactment is two-fold. It is designed in the 
 first instance, to secure to every district at least one hundred 
 volumes of suitable books for a district library; and to districts 
 numbering over fifty children, one hundred and twenty-five ; and 
 in the second, to authorize the inhabitants of any district so sup 
 plied, when duly convened for that special pu pose, to appropriate 
 so much of the library fund for the current year, as they may 
 think proper, to the purchase of maps, globes, black-boards or 
 scientific apparatus, for the use of the school, or to the payment of 
 teachers wages when authorized by the State Superintendent. In 
 the absence of any such appropriation, or whenever any balance re 
 mains unappropriated, the library money, or such unappropriated 
 balance, must be applied to the purchase of books ; and in any 
 event, that money must be expended for the one or the other ofthese 
 purposes, on or before the first day of October in each year. It is 
 respectfully recommended to the inhabitants of those districts which 
 are already supplied with the requisite number of books,and of others, 
 whenever they shall reach the specified number, to avail them 
 selves of the power thus conferred upon them, to supply their 
 school with those useful articles of scientific apparatus which so 
 materially conduce to the improvement of the pupils. Independ 
 ently of this appropriation, no district should dispense with a 
 black-board; and if suitable maps, globes and a few of the more 
 simple means of illustrating the elementary truths of science, can 
 be superadded, the library money for two or three years cannot 
 perhaps be more advantageously appropriated. In the mean time, 
 the books on hand can be generally read ; and such additions to 
 the library as the growing wants and increased intelligence of the 
 district may require, can then be from time to time procured. 
 The advice of the Town Superintendent may at all times be had 
 as to the most proper and judicious appropriation of the fund for 
 the purposes provided for by the section under consideration 
 
 By the provision of the several acts relative to school district 
 libraries, (No. 159 et seq.} the inhabitants of the several districts 
 
183 
 
 are authorized to lay a tax, not exceeding twenty dollars for the 
 first year, and ten dollars for each subsequent year, for the pur 
 chase of a district library, consisting of such books as they shall in 
 their district meeting direct, and such further sum as they may 
 deem necessary for the purchase of a book-case. 
 
 These provisions, it will be observed, are entirely distinct from 
 those which relate to the purchase of books with the public 
 moneys provided by the act of 1838. They are confined to such 
 books as are obtained by means of a district tax ; and wherever 
 the inhabitants do not choose to place the latter on the same 
 footing with the former, the distinction should be carefully ob- 
 serv d. The library directed to be purchased with the public 
 money provided for that purpose, is to be selected by the trustees ; 
 the inhabitants have no direct control over such selection ; and 
 the rules and regulations for its government are to be prescribed 
 by the Superintendent alone ; while the library to be raised by 
 tax must consist of such books as the inhabitants in districts 
 meeting shall direct ; and the rules and regulations for its man 
 agement may be adopted at such meeting. Still, both classes of 
 books may be placed upon substantially the same footing, by a 
 general direction to the trustees as to the books to be purchased, 
 and the adoption of the rules and regulations prescribed by the 
 Superintendent. 
 
 By $ 141 (No. 160,) the legal voters in any two or more adjoin 
 ing districts, may, with the approbation of the Superintendent, unite 
 their library moneys, as they shall be received or collected, and 
 purchase a. Joint library for the use of the inhabitants of such dis 
 tricts, to be selected by the trustees, or such persons as they shall 
 designate, and to be placed under the charge of a librarian to be 
 appointed by them. 
 
 By section 143 of the same act, (No. 162) the legal voters in 
 any district are authorized to direct the trustees to apply to the 
 Superintendent to select and forward to the county clerk for the 
 use of the district, a library. 
 
 By sub. 9 of 82, (No. 103,) the power of inhabitants of dis 
 tricts to direct the division of the public (teacher s) money, into 
 not exceeding four portions for each year, and to assign and apply 
 one of such portions to each term taught during the year by a 
 duly qualified teacher, is expressly recognized. 
 
 Where by reason of the inability to collect any tax, there shall 
 be a deficiency in the amount raised, the inhabitants of the dis 
 trict in district meeting, are empowered to direct the raising of a 
 sufficient sum to supply huch deficiency, by tax. 84, (No. 
 105.) 
 
 By 46, (No. 72.) "If the Town Superintendent of common 
 schools in any town, shnli require in writing, the attendance of 
 the Town Superintendents of any other town or towns, at a joint 
 meeting for the purpose of filtering a school district formed from 
 their respective towns, and a major part of the Town Superin- 
 
184 
 
 tendents notified shall refuse or neglect to attend, the Town Su 
 perintendents attending, by a majority of votes, may call a special 
 district meeting of such district, for the purpose of deciding on 
 such proposed alteration ; and the decision of such meeting shall 
 be as valid as if made by the Town Superintendents of all the 
 towns interested, but shall extend no further than to dissolve the 
 district formed from such towns." 
 
 The powers conferred upon the inhabitants ot school districts - 
 must be strictly pursued, and can in no case be exceeded. No 
 vote or proceeding of a district meeting can be legal, for which au 
 thority is not expressly or by necessary implication, to be derived 
 from the statute. 
 
 2. CHANGE OF SITE OF SCHOOL HOUSE. 
 
 By 73, (No. 95,) it is provided that " whenever a school- 
 house shall have been built or purchased for a district, the site of 
 such school-house shall not be changed, nor the building thereon 
 be removed, as long as the district shall remain unaltered, unless 
 by the consent, in writing, of the Town Superintendent of common 
 schools, of the town or each of the towns within which such dis 
 trict shall be situated, stating that in their opinion such removal is 
 necessary ; nor then, unless a majority of all the taxable inhabi 
 tants of said district to be ascertained by taking and recording the 
 ayes and noes at a special meeting of such district called for that 
 purpose, shall be in favor of such new site." 
 
 This provision is designed to secure permanency in the location 
 of the district school-house, while the circumstances under which it 
 was so located remain substantially the same. But when an al 
 teration has taken place in the district, since such location, either 
 by the addition of new inhabitants, and the consequent annexation 
 of new territory, from the adjoining districts, or by the setting off 
 of a portion of the inhabitants and territory to some other district, 
 then, the reason for the enactment failing, a change of site may be 
 voted by a majority of the altered district, in the usual manner. 
 When the new site is again established, either in this manner, or 
 by a two-third vote, as provided in the section above quoted, and a 
 house built the same principle again prevails. No further altera 
 tion can be made while the district remains substantially in the 
 same condition as when the new site was fixed. 
 
 The alterations here referred to must he such as are made in the 
 territorial boundaries of the district. Changes of residence by the 
 inhabitants removing out of the distrk t, or the removal of persons 
 into it from other districts, cannot be deemed alterations within the 
 meaning of the law, while the territory remains the same. 
 
 When the district has not been altered, and a change of site is 
 proposed, the consent, in writing, of the Town Superintendent, as 
 above specified is requisite, and in addition thereto, a vote of a 
 majority of the taxable inhabitant* of the district who are legal 
 voters, present and voting^ by ayes and noes. No taxable inhabi- 
 
185 
 
 tant who is not a legal voter of the district can vote therein on any 
 question ; nor is it necessary that a majority of all the taxable in 
 habitants or legal voters residing in the district should be obtained ; 
 but only of a majority of those present and voting at a meeting 
 duly notified. Per MORGAN Supt. April 1851. 
 
 Experience has shown that by far the most fertile sources of 
 contention and difficulty in the various school districts, originate 
 from the proceedings of the inhabitants connected with the change 
 of the site of their school-house. Such a measure should, therefore, 
 only be adopted when the convenience and accommodation of the 
 inhabitants will be essentially promoted thereby ; when the altered 
 situation of the district, imperatively requires a change ; and even 
 then, the full and hearty concurrence not merely of a clear and 
 decided majority of the district, but of the inhabitants generally, 
 should be secured, before any final decision is made. There must 
 always be a portion of the inhabitants, residing at the extremities 
 of the district, who will experience more or less inconvenience, at 
 particular seasons of the year, in consequence of their distance 
 from the school-house : but it is better that these partial incon 
 veniences should be submitted to, than that they should be trans 
 ferred to others and the whole district plunged into a contention 
 respecting the site. But when, in consequence of the enlargement 
 of the boundaries of the district, a change is indispensable, the in 
 habitants should come together in a conciliators and friendly spirit, 
 having no other object in view than the best interests of the dis 
 trict and the convenience of the greatest number : and their action 
 should be deliberate and circumspect reconciling, as far as pos 
 sible, the interests of all, and rejecting every proposition calculated 
 to sow the seeds of dissension or disturbance in any portion of the 
 district: bearing in mind that a mere numerical triumph, leaving 
 a large minority dissatisfied and irritated, however gratifying to 
 the successful party, for a time, is but a poor compensation for a 
 divided and distracted district, and an embittered and hostile neigh 
 borhood. 
 
 By 74, (No. 96,) it is provided that whenever the site of a 
 school house shall have been changed as herein provided, the in 
 habitants of the district entitled to vote, lawfully assembled at 
 any district meeting, shall have power by a majority of the votes 
 of those present, to direct the sale of the former site or lot, and 
 the buildings thereon, and appurtenanc es, or any part thereof, at 
 such price, and upon such terms as they shall deem most advan 
 tageous to the district ; and any deed duly executed by the 
 trustees of such district, or a majority of them, in pursuance of 
 such direction, shall be valid and effectual to pass all the estate or 
 interest of such school district in the premises intended to be 
 conveyed thereby, to the grantee named in such deed ; and when 
 a credit shall be directed to be given upon such sale, for the con 
 sideration money, or any part thereof, the tru-tees are author 
 ized to take in their corporate name, such security by bond 
 
186 
 
 and mortgage, or otherwise, for the payment thereof, as they shall 
 dem best,and to hold the same as a corporation, and account there 
 for to their successors in office and to the district, in the manner 
 they are now required by law to account for moneys received by 
 them; and the trustees of any such district for the time being, 
 may in their name of office, sue for and recover the moneys due 
 and unpaid upon any security so taken by them, or their prede 
 cessors in office, with interest and costs. 
 
 By 75, (No. 97,) all moneys arising from any sale made in 
 pursuance of the last preceding section, shall be appropriated to 
 the payment of the expenses incurred in procuring a new site, 
 and in removing or erecting a school house, or either of them, so 
 tar as such application thereof shall be deemed necessary. 
 
 3. DESIGNATION OF SITE OF SCHOOL-HOUSE. 
 
 When the site of a school-house is to be fixed, it should be des 
 ignated with distinctness and precision. It is very common in 
 many of the districts to vote a site in general terms, as at or near 
 a particular spot, between two points, or by other equally vague de 
 scriptions ; and in some instances, the precise location has been 
 left to the discretion of the trustees, or of a committee appointed 
 for that purpose. All this is directly contrary to law. The in 
 habitants in district meeting assembled, are to " designate a site for 
 a district school-house," and this designation must be sufficiently 
 explicit, and must be described by metes and bounds, or other 
 known and permanent land marks, to enable the trustees to locate 
 the site, and to contract for and receive a title to the same ; and 
 the best rule will be to make such a description as would be requi 
 red in a deed of the premises. 
 
 4 BUILDING, HIRING, PURCHASING AND REPAIRING OF SCHOOL 
 HOUSES, AND PROVIDING FURNITURE AND APPENDAGES. 
 
 When a tax is voted by the inhabitants of a district for building 
 a school-house, it is important, not only that the specific amount to 
 be raised should be stated, but if any portion of it is designed to 
 be expended in the erection of other appurtenances, such as a 
 wood-house, necessary, or fence that those purposes should be spe 
 cifically set forth in the resolution. It would, in all cases, be desi 
 rable that a committee of the inhabitants, consisting of or inclu 
 ding the trustees who are charged by law with the execution of the 
 work, should be appointed, to digest and, under the advice of the 
 Town Superintendent, mature a full plan for the building, append 
 ages and appurtenances, together with a detailed estimate of the 
 expense, and to submit the same at an adjourned meeting for the 
 sanction and approval of the district. 
 
 From this proceeding many useful results would follow. The 
 trustees would be placed in possession of all the information ne 
 cessary to enable them sufficiently and systematically to discharge 
 their duties, in contracting for and superintending the erection of 
 
187 
 
 the house ; an opportunity would be afforded of obtaining and com 
 paring the best models of architecture, and the inhabitants would 
 be enabled to discuss at their leisure the several plans submitted, 
 and to consult their convenience, taste and accommodation in the 
 several details 
 
 The volume of " School Architecture," by the Hon. HENRY 
 BARNARD, of Connecticut, will be found exceedingly valuable, in 
 the construction or alteration of school-houses, and should, when 
 ever practicable, be consulted. 
 
 The school-house, when built or purchased, should never be per 
 mitted to remain for any length of time out of repair. It is the 
 duty of the trustees to keep it in repair, and the district should, 
 whenever called upon, provide for the expense. They should also 
 see that the school-rooms are properly furnished with fuel, prepared 
 for use ; that all the necessary articles of furniture are provided; that 
 the seats, desks and other fixtures are in good condition, and that 
 the district library, the apparatus for the school, and all the other 
 property of the district, is properly taken care of, and such articles 
 as are wanted, promptly furnished In other words, the district 
 should exercise a constant supervision over its officers, and provide 
 the means for an efficient discharge of their duties. 
 
 When it is supposed that more than four hundred dollars will 
 be necessary to build, hire, or purchase a school-house, care should 
 be taken to procure the certificate of the Town Superintendent 
 before the tax is voted by the district, as such certificate seems by 
 the act and has been held by the department to be indispensable, to 
 authorize the vote. If there be a site and house, they should be 
 sold, and the proceeds applied first to the purchase of the new site, 
 and next to the building. And whatever sum is applicable to the 
 erection or purchase of the school-house must, according to a de 
 cision of the department, go in reduction of the amount which 
 the district may vote for a school-house. (Decisions, p. 183.) 
 Thus, if the former site and building sell for 200 dollars, and 50 
 dollars be applied to the procuring a new site, the remaining 150 
 dollars being applicable to the new house, the district cannot vote 
 a tax of more than 250 dollars for the building, without the con 
 sent of the Town Superintendent. 
 
 The following will be a proper form p of a resolution for raising 
 a tax for the erection of a school-house : 
 
 The certificate of the Town Superintendent of common schools 
 of the town of having been obtained, that in his opinion 
 
 a larger sum than four hundred dollars ought to be raised for build 
 ing a school-house in the said district, namely, the sum of six hun 
 dred dollars, [or whatever the whole sum may be.] 
 
 Resolved, That the said sum of six hundred dollars be raised by 
 tax upon the said district, for the purpose of building a school- 
 house therein. $ 
 
 The resolution for the purchase of a site should be distinct, and 
 may be in the following form : 
 
188 
 
 Resolved, That the sum of fifty dollars be raised by tax upon 
 the said district, for the purchase of the site for a new school-house 
 heretofore designated by the legal voters thereof. 
 
 Either or both of the above taxes may be raised, but cannot 
 be expended before a site is purchased and a legal title procu 
 red. 
 
 A tax having been voted to build a school-house, the tax list 
 made out and a warrant issued, the collection of the tax cannot be 
 suspended by vote of a district meeting. Com. School Dec., 68. 
 But where no proceedings have been had in pursuance of such vote, 
 it may be rescinded. Id. 261. 
 
 Where a tax is voted in express terms, a direction subsequently 
 given as to the time and mariner of its collection, is void. Id. 
 282. 
 
 Where the inhabitants of a school district authorize the trus 
 tees or any other person to select a site for a school-house, it is 
 not a legal site until subsequently fixed by a vote of the inhabit 
 ants. Id. 353. 
 
 Where the title to the site of a district school-house fails, a new 
 site may be fixed by a majority vote, without the certificate of the 
 Town Superintendent. Id. 107, 132, 142, 195. 
 
 When the site of the school-house has been fixed, it may be 
 changed by a majority of votes, at any time before the school-house 
 is built or purchased. Id. 182. 
 
 In voting a tax to purchsse a site, a sufficient sum may be inclu 
 ded to cover all necessary expenses in perfecting the title to the 
 premises. 
 
 The fact that the site of a school-house is covered by a mortgage 
 does not affect the validity of the proceedings of a school meeting, 
 in voting to build upon it ; although upon timely application the 
 Superintendent might not permit the house to be constructed until 
 the lien was removed. 
 
 Where the title to the site of a school- house consists of a lease 
 of the ground so long as it shall continue to be used for the purposes 
 of a district school, if the inhabitants appropriate the land to any 
 other purpose, it reverts to the grantor. 
 
 A contract for the purchase of land intended to be occupied as 
 the site for a school-house, is not strictly a lease, although the ven 
 dee may for some purposes be regarded as a tenant. Where such 
 a contract is not executed by the performance of its conditions, it 
 does not amount to a purchase. But where such conditions have 
 been performed, the vendees have an equitable title, and the court 
 of chancery would enforce the performance of the contract on the 
 part of the vendor. A presumption in favor of such performance 
 would, it seems, arise from the circumstance of long possession on 
 the part of the district. 
 
 Where a school district has been altered, after the original estab 
 lishment of its site, either by adding to or diminishing from it* ter 
 ritory, so that the site is no longer central or convenient, such site 
 
189 
 
 may be changed by a vote of a majority of the inhabitants of the 
 district, at any meeting, annual or special ; but after such change 
 has been effected, and a new site established, and a new house built 
 or purchased, the site cannot again be changed until some further 
 alteration occurs in the boundaries of the district, without the con 
 sent of the Town Superintendent and a majority of the voters of 
 the district, in the mode prescribed by the 73d section of the school 
 act. [No. 95.] 
 
 The costs and expenses of a bill in equity to perfect the title to 
 the site of a school-house, held under an agreement by the owner 
 to convey, may legally be defrayed by a tax to be voted by the dis 
 trict. Per YOUNG, Sup t. 
 
 Where the inhabitants of a school district have, by a vote to that 
 effect, authorized the trustees to go on and make repairs, or to do 
 any other lawful acts involving an expenditure of money, they will 
 be required to save the trustees harmless, if the latter have acted in 
 good faith. But where trustees undertake to do any act which 
 they are not by law authorized to do, in the absence of any direc 
 tions on the part of the district, it is at their own peril. The inhab 
 itants may ratify their proceedings by a subsequent vote ; but if 
 they do not choose to do so,the trustees are without remedy. Com. 
 School Dec. 41, 222. 
 
 A school-house built by subscription may, if under the control of 
 the trustees, be kept in repair by a tax on the property of the dis 
 trict. Id. 47. 
 
 There can be no partnership in the erection of a school-house, 
 which will prevent the district from controlling it entirely for the 
 purposes of the district school. Id. 201, 290. 
 
 No more money can be legally expended on a school-house than 
 is necessary for common school purposes. An additional room can 
 not be provided for a select school. Id. 203. 
 
 A tax should not be voted by the inhabitants of a district for re 
 pairing the school-house, where the district has no title to the site, 
 and the owner has forbidden the repairs to be made. Id. 60, 
 187. 
 
 Nor should a tax to build a school-house be imposed or expended 
 until the district has acquired such an interest in the site as to be 
 able to control the house. Id. 168. 
 
 A tax cannot be raised to build a school-house on a site se 
 lected without legal authority. Baker v. Freeman, 9 Wendall, 
 36. 
 
 Where a school-house is built by subscription, a tax may be voted 
 for its purchase, if the district has title to the site on which it stands. 
 Id. 193. 
 
 The rule of law is, that the right of property in all permanent 
 erections upon lands, resides in the owner of the soil. The latter 
 is therefore the legal owner of a school-house erected without his 
 permission on his land. But if such school-house was originally 
 placed there with his permission,the district has a right to direct its 
 removal. Per YOUNG, SupL 
 
190 
 
 The inhabitants of a district may legally vote a tax to enlarge 
 their school house, notwithstanding it may already have cost $400, 
 without a certificate from the Town Superintendent. Id. 
 
 Where a school house is so decayed as in the opinion of a 
 majority of the district to be no longer suitable for the purposes 
 of the school, a tax may be voted in the usual manner for build 
 ing a new one on the same site. Per SPENCER, Sup t. 
 
 Inhabitants of school districts cannot, by a vote to that effect s 
 authorize the trustees to provide fuel in any other mode than 
 those prescribed by law. Com. School Dec. 264. 
 
 Nor can they dispose of any portion of the district property, 
 unless in the cases and in the manner specifically pointed out by 
 law. 
 
 Although the inhabitants of a district may direct the division of 
 the teachers money for the current year into portions, applicable 
 to the respective school terms, they cannot so appropriate the 
 money for the succeeding year : nor can they direct such division 
 after its appropriation by the trustees on a specific contract with 
 a teacher. 
 
 A tax may be levied in a school district to build a wood house 
 and necessary. Com. School Dec. 21. 
 
 Money cannot be raised by tax in a school district for contin 
 gent purposes. Id. 233. 
 
 A tax to purchase a district library cannot be voted at a meet 
 ing of which no notice is required to be given : e. g. an adjourned 
 meeting, where the adjournment is for a less period than one month. 
 /rf. 286. 
 
 A tax cannot be laid to erect a building to be occupied jointly 
 as a school house and a meeting house. Id. 290. 
 
 When the whole amount of a tax raised for any additional pur 
 pose is not required for such purpose, the balance may be applied 
 by vote of the district to any other authorized object. Id. 315. 
 
 A tax cannot be voted for arrearages generally, or to reimburse 
 trustees or other officers of the district for moneys expended by 
 them, unless it appears by the vote that the money is to be ap 
 plied to one of the objects for which taxes may by law be raised. 
 -Id. 316. 
 
 A vote of the district is necessary to raise by tax the excess 
 beyond $400 certified to be necessary for building a school-house. 
 Id. 339. 
 
 A tax may be voted for the erection of a fence around the 
 school-house lot ; and for a bell. 
 
 5. MODE OF PROCEEDING IN DISTRICT MEETING. 
 
 As a general rule, the punctual attendance of the inhabitants of 
 the district should be secured by the organization of the meeting 
 at the appointed hour, after making a fair allowance, say ten or 
 fifteen minutes, for the variation of time-pieces ; at the expiration 
 
191 
 
 of which time, those in attendance, whatever may be their num 
 ber, should organize, by the appointment of a moderator. Any 
 number of inhabitants, however small, are, as before observed, 
 competent to the transaction of the business for which the meeting 
 was called ; but if there be only a very small number present, 
 it will be advisable to adjourn the meeting. The clerk of the 
 district, if present, will act as clerk of the meeting ; and in case 
 of his absence, any other inhabitant of the district may be desig 
 nated by the meeting to act as clerk pro tern. The inhabitants 
 will then proceed to the transaction of the business for wnieh they 
 were convened. 
 
 Where the officers of the district are to be chosen, the choice 
 should be by ballot, separately for each office; and this mode of 
 proceeding should never be dispensed with where there is reason 
 to believe any difference of opinion exists as to the proper person 
 to be chosen. Where no such difference of opinion exists, it is 
 still better to regard the choice by ballot as the regular mode, and 
 when dispensed with in any individual case, it should be done by 
 express resolution. All other business of the meeting should be 
 transacted by written resolutions, regularly put to vote in the 
 customary manner ; and where, for any reason, the result cannot 
 be accurately ascertained, the numbers voting for or against any 
 resolution should be determined by a count, or by ayes and noes, 
 For this purpose it would be well for the clerk to have always 
 in readiness a list of the legal voters of the district, with a series 
 of columns attached, to designate the manner in which each per 
 son votes on any question that may be submitted. When the site 
 is to be changed in a district that has not been altered, the law 
 specifically requires the vote to be taken by ayes and nays. Such 
 list may be in the following form. 
 
 Names of Voters. 
 
 On change of 
 site of sch l 
 house. 
 
 On motion to 
 build school 
 house. 
 
 On resolut n 
 to raise tax 
 of $150. 
 
 On resolut n 
 to raise tax 
 for apparat. 
 
 Ayes. 
 
 Nays. 
 
 Ayes. 
 
 Nays. 
 
 Ayes. 
 
 Noes. 
 
 Ayes. 
 
 Noes. 
 
 John Morehouse, . . 
 Jacob Curtis, 
 Thomas Budd, 
 William Carrroll... 
 Henry Beltis........ 
 Frederick Hough.. . 
 
 
 
 
 
 
 
 
 _ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 4 
 
 2 
 
 4 
 
 2 
 
 3 
 
 3 
 
 4 
 
 2 
 
 6. MODE OF KEEPING MINUTES AND RECORDS OF THE 
 PROCEEDINGS. 
 
 The person acting as clerk should keep accurate minutes of the 
 proceedings on loose sheets of paper ; and before the meeting is 
 finally adjourned these minutes should be read and approved by 
 the meeting, and signed by the moderator and clerk, and after 
 wards transferred into the record book of the district. The fol 
 lowing general form may be used for this purposes 
 
192 
 
 Form of Minutes to be kept by the District Clerk, of proceedings 
 of District Meetings. 
 
 At a meeting of the legal voters of school district number 
 in the town of held pursuant to adjournment, at on the 
 day of 18 , [or, if it be the annual meeting, say "at an 
 annual meeting of, fyc., held pursuant to appointment and public 
 notice, at," fyc. Or if it be a special meeting, say, " at a special 
 met ting of, fyc., called by the trustees of said district, and pursu 
 ant to special notice, at, fyc. on the day of, fyc.,~\ A 
 B. was chosen moderator, and C. D. was present as district cler 
 (or if the clerk be riot present, say E. F. was appointed clerk pro. 
 tern, the district clerk being absent.) 
 
 Resolved unanimously, (or by a majority of voters present, as 
 the case may be,) \jiere enter the proceedings of the district in the 
 form of resolutions, and with as much precision and certainty as 
 possible.^ 
 
 Where the subject of a change of site in an unaltered district 
 has been under discussion, and a determination had by the district, 
 in the manner prescribed by law, the proceedings should be par 
 ticularly recorded, in the following form : 
 
 At a meeting of the legal voters of district No. in the town 
 of held at the school house, in pursuance of notice to all 
 
 the legal voters therein, on the day of 18 , A. B. was 
 chosen moderator, and C. D. was present as district clerk, (or E. 
 F. was appointed clerk pro. tern, the district clerk being absent. J 
 The written consent of the Town Superintendent of common 
 schools of the town having been read, stating that in his opinion 
 the removal of the site of the school house in said district is neces 
 sary : And it having been moved and seconded that the present 
 site of the school house in the said district be changed, and that 
 the northeast corner of lot No. 10 in the said town, (or of the farm 
 now occupied by A. B. on the N. E. corner, formed by the inter 
 section of two certain roads, describing them,) be designated as the 
 site of a school house for the said district, and the question taken 
 by ayes and noes, it was carried, a majority of all those present 
 at such special meeting voting for such removal, and in favor of 
 such new site : Those who voted in the affirmative were John 
 Morehouse, Thomas Budd, Wm. Carroll and Frederick Hough ; 
 those who voted in the negative, were Jacob Curtis and Henry 
 Bettis. 
 
 Ayes 4 Noes 2. 
 
 [In stating the ayes and noes, the Christian names of the yoters, 
 should be given.] 
 
 [Or, and the question being taken by ayes and noes, it was lost, 
 a majority of all those present at the meeting not voting in favor 
 thereof. The votes are then to be stated as before ] 
 
 After changing the site of the school house in the manner 
 before prescribed, the voters of the district, at the same or any 
 
193 
 
 subsequent meeting, may pass a resolution, by a majority of th ose 
 present, in the ordinary mode, directing the trustees to sell the 
 house, according to No. 96 ante. 
 
 7. QUALIFICATIONS OF VOTERS. 
 
 Great difficulty has been heretofore experienced in ascertaining 
 the requisite legal qualifications for voters in school district meet 
 ings. The act of 1847, has removed this difficulty by defining 
 them particularly, and has pointed out the means of ascertaining 
 the right of any individual to vote in such meetings, by a challenge, 
 59, 60, 61, (Nos. 81, 82, S3.) 
 
 The following general qualifications are required in all casevS : 
 
 1. The voter must be a male. 
 
 2. Of full age, that is, twenty-one years old, or more. 
 
 3. He must be an actual resident of the district. 
 
 In addition to the above, the voter must possess one or other of 
 the following qualifications : 
 
 4. He must be entitled by law to hold land in this state, and 
 must own or hire real property in the district, subject to taxation 
 for school purposes ; or, 
 
 5. He must be authorized to vote at town meetings of the town 
 in which the district, or part of a district is situated and in ad 
 dition thereto must have paid a rate bill for teachers wages in 
 the district within one year preceding, or must have paid a dis 
 trict tax within two years preceding, or must be owner of personal 
 property liable to be taxed for school purposes in the district, ex 
 ceeding fifty dollars in value, exclusive of what is exempt from 
 execution. 
 
 Under the above 4th division are included two classes of per 
 sons citizens owning or hiring real property, subject to taxation, 
 and aliens not naturalized, who have filed the affidavit prescribed 
 by 16 of title 1, chap. 1, part 2, Rev. Stat. of their intention to 
 become citizens, and of having taken the necessary incipient mea 
 sures for that purpose, and who own or hire real property in the 
 district subject to taxation for school purposes. It does not extend 
 to those who have personal property, but neither own nor hire 
 real property. The provision was intended to meet the case of 
 residents, who although not entitled to vote at town meetings, may 
 have a strong interest in the proceedings of district school meetings. 
 
 Any resident of the district, who owns or hires real estate 
 liable to taxation in the district, whether he pays the tax on such 
 property himself or not, and whatever may be its value, and wheth 
 er he holds it by a written or verbal lease, (if for one year or less) 
 is a legal voter, at any district meeting, even though he may not 
 have resided either in the State or County for a sufficient length 
 of time to enable him to vote at town meetings or elections. 
 
 In reference to the above 5th division, those "citizens of the 
 several towns in this state, qualified by the constitution to vote for 
 elective officers," are included, provided they possess the other requi- 
 
 13 
 
194 
 
 site qualifications. Of course, persons claiming to vote at district 
 meetings under this qualification must have been inhabitants of the 
 state for one year, of the county for six months immediately preced 
 ing, and mustthen be actual residents of the town. To these must be 
 added some one of the qualifications above specified in division 5, 
 By 60 and Gl,(Nos 82 and 83 Jit is provided that "If any person 
 offering to vote at any school district meeting, shall be challenged 
 as unqualified by any legal voter in such district, the chairman 
 presiding at such meeting shall require the person so offering, to 
 make the following declaration : " I do declare and affirm that I 
 am an actual resident of this school district, and that I am qualified 
 to vote at this meeting." And every person making such declara 
 tion shall be permitted to vote on all questions proposed at such 
 meeting ; but if any person shall refuse to make such declaration, 
 his vote shall be rejected. 
 
 " Every person who shall wilfully make a false declaration of 
 his right to vote at a district meeting, upon being challenged as 
 herein before provided, shall be deemed guilty of a misdemeanor r 
 and punishable by imprisonment in the county jail for a term riot 
 exceeding one year, nor less than six months, at the discretion of 
 the court ; and any person voting at any district meeting without 
 being qualified, shall, on conviction, be subject to a fine of ten 
 dollars, to be sued for and recovered by the trustees of the district 
 for its use, and with costs of suit, before any justice of the peace. r 
 
 The proceedings of district meetings where illegal votes are 
 alleged to have been given, will not be set aside, unless it is shown 
 on appeal, 1st, that such votes were actually illegal ; 2d, that they 
 affected the result ; and 3d, that they were legally challenged upon 
 being offered, or that they were not at the time known to be 
 illegal. 
 
 8. RECONSIDERATION OF PROCEEDINGS. 
 
 The inhabitants of school districts may reconsider and repeal, 
 alter and modify their proceedings at any time before they have 
 been carried into effect, either wholly or in part. But the inten 
 tion to do so, should be explicitly set forth in the notice of the 
 meeting called for that purpose. When, however, contracts have 
 actually been entered into, liabilities incurred, or expenditures of 
 money had, in the prosecution of any measure directed by the dis 
 trict, a reconsideration will not be sanctioned, as no means exists 
 to indemnify those who may be losers thereby. 
 
 9. TAXES SHOULD BE SPECIFICALLY VOTED. 
 
 Where a tax is voted by the inhabitants for any purpose, the 
 specific amount of the tax, and the particular purpose for which 
 it is designed, should be fully and clearly stated. And where 
 several objects of expenditure are to be provided for, the amount 
 to be raised for each should be expressed in the resolution, in order 
 that the district and the trustees may know the precise extent of 
 
195 
 
 their liability, and the mode of its application. There may be 
 cases, however, where the necessary amount to be raised, cannot 
 be ascertained with any approach to accuracy ; and in such cases 
 the district may direct the performance of specific acts by the 
 trustees, or authorize them to incur such expenses as may be 
 necessary to the accomplishment of a particular object to be speci 
 fied ; and the trustees are then authorized by 109, of the act of 
 18-17, fNo. 129,) to raise such amount by tax upon the district 
 in the same manner as if the definite sum to be raised had been 
 voted. This general delegation of authority should, however, be 
 resorted to only in cases of necessity. 
 
 CHAPTER IV. 
 
 TRUSTEES OF SCHOOL DISTRICTS. 
 
 THESE officers are to be chosen by the inhabitants of the district 
 entitled to vote, at their first meeting, and thereafter at any annual 
 or special meeting legally convened, whenever there is a vacancy, 
 by expiration of their term of office or otherwise. In case of the 
 existence of a vacancy, by the death, refusal to serve, removal out 
 of the district, or incapacity of the incumbent, unless such vacancy 
 is supplied by a district meeting within one month thereafter, it is 
 the duty of the Town Superintendent of common schools to appoint 
 some person to supply such vacancy in which case the person so 
 appointed holds his office for the unexpired term, 63, (No. 85.) 
 The expiration of their term of office, also creates a vacancy ; and 
 if, for any reason, the annual meeting passes over without the elec 
 tion of officers, ample provision is made, (see 66-68, (No. 88-90,) 
 for the calling of a special meeting to supply such vacancy. 
 
 By 79, (No. 100,) every person duly chosen or appointed to 
 any such office, who without sufficient cause shall refuse to serve 
 therein, shall forfeit the sum of five dollars ; and every person so 
 chosen or appointed, and not having refused to accept, who shall 
 neglect to perform the duties of his office, shall forfeit the sum of 
 ten dollars. 
 
 By 80, (No. 101,) lt any person chosen or appointed to any 
 such office, may resign the same by presenting his resignation to 
 the Town Superintendent of the town where such officer shall re 
 side, who is authorized for sufficient cause shown to him to accept 
 the same, and the acceptance of such resignation shall be a bar to 
 the recovery of either of the penalties mentioned in the preceding 
 section. The Town Superintendent accepting the resignation shall 
 give notice thereof to the clerk, or to one of the trustees of the 
 school district to which the officer resigning shall belong." 
 
 By 6 of the act of 1847, (No. 30,) "no Town Superintendent 
 of common schools, shall be eligible to the office of trustee of a 
 school district ; and no person chosen a trustee, can hold the office 
 of district clerk." 
 
196 
 
 By 63 of the act of 1847, (No. 85,) it is provided that "the 
 trustees of each of the several school districts next hereafter to be 
 chosen, shall be divided by lot into three classes, to be numbered 
 one, two and three ; the term of office of the first class shall be one 
 year ; of the second, two ; of the third, three ; and one trustee only 
 shall thereafter annually be elected, who shall hold his office for 
 three years, and until a successor shall be duly elected or appoint 
 ed. In case of a vacancy in the office of either of the trustees, 
 during the period for which he or they shall have been respectively 
 elected, the person or persons chosen or appointed to fill such va 
 cancy shall hold the office only for the unexpired term so becoming 
 vacant." 
 
 This extension of the official term of trustees to three years, 
 combined with .he annual choice of one of their number, is a very 
 important improvement of the system, securing as it does, unifor 
 mity, stability and harmony in the councils of the district, and pre 
 venting that ignorance of its previous arrangements and affairs, 
 which has so frequently been found not only to paralyze the exer 
 tions of new trustees, but to involve them in pecuniary embarrass 
 ment and subject them to personal liability. On the accession of 
 a new trustee, under the present arrangement, he will find two 
 experienced colleagues already in office, conversant with all the 
 affairs of the district, and able and willing to aid and co-operate 
 with him in the discharge of his duties. All the deliberations and 
 actions of the board under this arrangement, will partake of a 
 greater uniformity, and become more systematic. Teachers will 
 be likely to be retained for a longer period ; contracts will be likely 
 to be more promptly fulfilled, and taxes and rate bills to be more 
 accurately made out and more speedily collected ; and order and 
 harmony will gradually succeed to the chaotic confusion and irre 
 gularity which have too generally characterized the records, the 
 councils and the proceedings of trustees ignorant and careless of 
 their duty, and anxious only to transfer the inextricable embarrass 
 ments of their district, unexplained and inexplicable, to their suc 
 cessors. 
 
 One important operation of the provision in question, will be as 
 before observed, to prevent the district from changing the time of 
 its annual meeting, thereby avoiding those frequent misunderstand 
 ings as to the period when officers of the district are to be chosen, 
 from which so many profitless and vexatious controversies have 
 arisen. 
 
 The duties of trustees may be arranged under the following 
 general heads : 
 
 1, The receipt and application of public money. 
 , 2. The calling of annual and special meetings. 
 
 3. The assessment and collection of district taxes. 
 
 4. The purchase or lease of sites ; building, hiring, or purchas 
 ing of school-houses, the repairing and furnishing such houses with 
 necessary fuel and appendages, and their custody and safe-keeping; 
 
197 
 
 and the sale of such sites and houses when no longer required for 
 district purposes. 
 
 5. The employment of teachers, and their payment ; and the 
 making out and collection of rate-bills. 
 
 6. Their duties in reference to the district library. 
 
 7. The making of annual reports. 
 
 8. The accounting to their successors and the district, at the ex 
 piration of their term of office ; and paying over balances on hand. 
 
 9. Suits by and against them. 
 10. Miscellaneous provisions. 
 
 I. THE RECEIPT AND APPLICATION OF PUBLIC MONEY. 
 
 By the 10th section of the school act of 1847, (No. 35,) it is 
 made the duty of the Town Superintendent to pay over the propor 
 tion of teacher s money to which each district may be entitled on 
 its annual report for the preceding year, "on the written order of a 
 majority of the trustees of such district to the teacher entitled to 
 receive the same." 
 
 This order may be in the following form : 
 
 A. B. Esq. Town Superintendent of common schools of the town 
 of pay C. D. a teacher duly employed by us, and qualified 
 
 according to law, fifteen dollars, that being the amount which he is 
 entitled to receive, out of the funds in your hands, applicable to the 
 payment of teachers wages, and apportioned to our district. Dated 
 at this day of 18 
 
 -p F \ Trustees 
 Jr TT ? District 
 G - H *JNo. 
 
 Upon the day of the annual apportionment, or as soon as possible 
 thereafter, the trustees should call upon the Town Superintendent, 
 or send one of their number, or the clerk, with an order signed by 
 them, or a majority of them, for the share of library money due 
 their district. If the Town Superintendent withholds such money, 
 without justifiable cause, it is the duty of the trustees to prosecute 
 for the same. 114, (No. 134.) 
 
 The teachers should, if possible, present their orders at the same 
 time, so that all the public money belonging to the district may at 
 once be paid over and duly receipted. 
 
 To entitle a district to its share of teachers money, it must ap 
 pear from its annual report " that a school had been kept therein 
 for at least six months during the year, ending at the date of such 
 report, by a qualified teacher," after obtaining a certificate of com 
 petency from the proper authority ; that all the teachers money 
 received during the year has been expended in the payment of 
 such teacher ; " that no other than a duly qualified teacher had at 
 any time during the year, for more than one month, been employed 
 to teach the school in said district;" and such report must, in all 
 other respects, be in accordance with law, and the requisitions and 
 instructions of the Superintendent, made in pursuance of law. In 
 
198 
 
 other words, it must be in the form prescribed by the Superintend 
 ent, and must contain all the information required by law and by 
 the department to be given. 
 
 There are two classes of cases in which relief may be sought for 
 the refusal of the Town Superintendent to apportion or pay over 
 public money to a district. 
 
 1st. Where it is supposed his decision is erroneous upon some 
 question of fact, or some principle of law. In such case the remedy 
 is by appeal to the State Superintendent, in the manner prescrib 
 ed by the regulations concerning appeals. The interest of the dis 
 trict, as well as of other districts, requires that the proceedings 
 should be prompt, as an appeal stays further action by the Town 
 Superintendent. 
 
 2d. Where there has been any accidental omission to comply 
 with any provision of law or any regulation of the Superintendent, 
 in consequence of which an apportionment of public money has 
 not been made. In such cases a general authority is given to the 
 State Superintendent, by 14 of the act of 1847, (No. 39,) to 
 cause the apportionment to be made, on the equitable circumstances 
 of the case, and a similar authority is given in relation to library 
 money by the last clause of 6 of the act of 1839, 142, (No. 
 161. 
 
 These provisions are intended only for cases of accidental and 
 unintentional omissions, and the authority given by them will not 
 be exercised where there is a wilful disobedience of law, or a per 
 verse and intended violation of any regulation. 
 
 Applications for relief in this class of cases should be made as 
 soon as the omission is discovered, in order to prevent the incon 
 venience of correcting the apportionment after it has been acted 
 upon ; and any unnecessary delay will in itself form a strong ground 
 of declining to grant the relief desired. 
 
 The facts and circumstances on which the application is founded 
 must be verified by affidavit. 
 
 APPLICATION OF SCHOOL MONEY RAISED BY OR BELONGING TO A 
 
 TOWN. 
 
 If there are any other common school funds belonging to the 
 town, arising from their poor-moneys, or from their gospel and 
 school lots, any portion of which is received by the trustees of a 
 joint district, they are to apply such portion exclusively for the be 
 nefit of the parents of the children attending the school belonging 
 to the town owning such fund. And the trustees should be careful 
 not to apply any part of the money in their hands, coming from the 
 common school fund belonging to a town, to the purchase of a libra 
 ry, or to any other purpose than the support of common schools. 
 
 DIVISIONS OF TEACHERS MONEY INTO PORTIONS. 
 
 By subdivision 9 of 82, (No. 103,) trustees are authorized "to 
 divide the public moneys received by them, whenever authorized 
 
199 
 
 by a vote of their district, into not exceeding four portions for each 
 year ; and to assign and apply one of such portions to each quarter 
 or term, during which a school shall be kept in such district for the 
 payment of the teachers wages, during such quarter or term." 
 Where no action is had on the subject by the district, trustees have 
 the right to appropriate the public money in such proportions to 
 the different terms as they may deem expedient. It is not essen 
 tial that the public money should be paid exclusively for services 
 rendered during the year in which it is received : if the whole 
 amount received be applied during the year to the payment of the 
 compensation of qualified teachers, it is immaterial whether such 
 wages were earned wholly during that year, or in part the year 
 previous. It is of frequent occurrence for teachers to commence 
 their term in November or December, and end in the succeeding 
 spring ; and there is no impropriety or illegality in paying their 
 wages for the whole term, wholly or in part, from the public money 
 received after its close. 
 
 The teachers money can be applied only to the benefit of such 
 schools as are established by trustees of districts in pursuance of 
 law. Com. School Dec. 55. 
 
 Where any portion of the teachers money is applied to the pay 
 ment of the wages of a teacher not duly qualified, or is otherwise 
 illegally appropriated, the trustees, under whose authority such ex 
 penditure is made, are personally liable to the district for the 
 amount. Id. 213. 
 
 ACCOUNT BOOKS. 
 
 Trustees are required by 104 of the act of 1847, (No. 127,) 
 to keep an account in a book to be provided for that purpose by 
 them, from time to time, as shall be necessary, of all moneys re 
 ceived and paid out by them, in their official capacity ; and a state 
 ment of all moveable property belonging to the district. This ac 
 count and statement is to be entered at large and signed by them, 
 at or before each annual meeting in their district. They should 
 charge themselves on one page with the whole amount of money 
 received by them, either from the Town Superintendent or on tax 
 lists or rate bills, specifying particularly the source whence derived 
 and the time when received; and on the opposite page credit them 
 selves with the respective expenditures and payments, specifying 
 particularly to whom, when paid, and for what purpose, and 
 referring to the proper vouchers, on file, whenever practica 
 ble. 
 
 On another page they should make an accurate inventory of all 
 the moveable property belonging to the district, such as the library 
 of the district, stating the number of volumes and their condition, 
 and giving a catalogue of the books, wherever a general reference 
 cannot properly be made, as to the 1st, 2d, 3d, &c., series of the 
 Harper Library, or Nos. 1, 2, 3, &c., of the Harper Library or 
 
200 
 
 Family Library, &c., &c., and the furniture, appendages, and ap 
 paratus of the school-room, specifying each article. The whole to 
 be followed by a certificate in the following form : 
 
 We, the subscribers, Trustees of District No. in the town 
 Trenton, do hereby certify that the preceding, from page to 
 
 page inclusive, contains a true and accurate account of all 
 
 the moneys received by us for the use of said district, and of the 
 expenditures thereof; and a correct statement and inventory of all 
 the moveable property belonging to said district. 
 Dated this day of 18 ji 10 
 
 A. B.) 
 
 C. D. \ Trustees. 
 
 E. F.) 
 
 LIBRARY MONEY. 
 
 The library money is to be paid over to, or on the order of, a 
 majority of the trustees, on its appearing from the annual report 
 that " the library money received at the last preceding ap 
 portionment was duly expended according to law, (in the purchase 
 ef books suitable for a district library, or in the purchase of maps, 
 globes, black-boards or other scientific apparatus for the use of the 
 schools, in the cases and in the mode prescribed by the late law, 
 and which will be hereafter considered,&c. 7 ) on or before the first day 
 of October subsequent to such apportionment." The report must 
 uniformly be accompanied with a catalogue of the books and ap 
 paratus, &c., purchased since the last preceding catalogue was fur 
 nished, and must state accurately the number of volumes, and 
 their condition ; and when the money has been expended in the 
 purchase of apparatus, &c., the authority under which such ex 
 penditure has been made, and a full and particular inventory of 
 Ihe articles purchased, must be specifically reported. 
 
 II. THE CALLING OF ANNUAL AND SPECIAL MEETINGS. 
 
 Trustees have power to call special meetings of the inhabitants 
 of their district liable to pay taxes, whenever they shall deem it 
 necessary and proper. This power should be liberally exercised 
 for the benefit of the district ; and special meetings should be call 
 ed by the trustees, whenever requested for a proper and legitimate 
 purpose, by a respectable number of inhabitants. The trustees 
 should act as a board, whenever such meetings are directed to be 
 called ; and they, or a majority of them, when all have been noti 
 fied, may require the clerk of the district, either verbally or in wri 
 ting, to give the necessary notices to the inhabitants. The object 
 f the meeting should, in all cases, be specified in the notice. 
 Where there is no clerk of the district, or he is absent or incapa 
 ble of acting, any one of the trustees, designated by the board, may- 
 give the notices. 
 
201 
 
 Where the time for holding the annual meeting has for any rea 
 son passed, without the election of officers, and neither the clerk 
 nor acting trustees give the necessary notices for a special meeting, 
 authorized by 68 (No. 90,) within twenty days thereafter, any 
 inhabitant of the district, qualified to vote, is authorized by 66, 
 (No. 88,) to notify such meeting in the manner provided by law, 
 in case of the formation of a new district ; and the officers chosen 
 at any such special meeting hold their office until the next annual 
 meeting. 
 
 III. ASSESSMENT AND COLLECTION OF DISTRICT TAXES. 
 
 This duty is one of the most difficult and perplexing devolved 
 upon trustees ; requiring for its proper and legal exercise a strict 
 conformity to the statutes in form as well as substance. A careful 
 examination and collation of their various provisions in this respect 
 becomes indispensable. Any departure from the specific directions 
 thus given is almost sure to subject the trustees to serious personal 
 liability, for which no indemnity is provided, as well as to cause 
 embarrassment and confusion in the affairs of the district gener 
 ally. 
 
 In order to enable them to execute this portion of their duties 
 with accuracy and ease, the several steps of the process will be 
 distinctly and particularly pointed out ; and such directions given 
 as will, it is hoped, prevent all liability to error in its future per 
 formance. 
 
 I. GENERAL PROVISION. 
 
 The general duty of trustees under this head, is comprised in 
 the 3d and 4th subdivisions of 82, (No. 103,) and is as follows: 
 " To make out a tax list of every district tax voted by any such 
 meeting, (special, annual or adjourned,) containing the names of 
 all the taxable inhabitants residing in the district at the time of 
 making out the list, and the amount of tax payable by each inhab 
 itant set opposite to his name and to annex to such tax list a warrant 
 directed to the collector of the district, for the collection of the 
 sums in such list mentioned. 
 
 2. TAX LIST WHEN TO BE MADE OUT. 
 
 By 99, (No. 122,) " Every district tax shall be assessed, and 
 the tax list thereof be made out by the trustees, and a proper war 
 rant attached thereto, within one month after the district meeting 
 in which the tax shall have been voted. 
 
 The reason of this provision is obvious. Thelnhabitants and 
 property of school districts are constantly changing, and where a 
 tax is voted for a specific purpose, it should be assessed only upon 
 those for whose benefit it was voted. While the statute should, 
 therefore, be strictly complied with whenever it can be, yet if a lit- 
 
202 
 
 eral compliance is prevented by accident, or unavoidable circum 
 stances, the list may be made out after the expiration of the month 
 or thirty days ; as the statute is supposed to be directory, and sim 
 ilar to that in the case of the People vs. Allen, 6 Wendell, 486. 
 The regulations of the Superintendent, on appeals, have allowed 
 thirty days, within which any person aggrieved, in consequence of 
 the proceedings of any district meeting, may appeal ; and, as will 
 hereafter be seen, twenty days notice is required to be given by 
 the trustees, in case a reduction is claimed, or aif original assess 
 ment becomes necessary. 
 
 In the first case, if a copy of the appeal be served prior to the 
 expiration of the month, and before the trustees have made their 
 assessment, the time during which such appeal is pending is not to 
 be computed as part of the month within which the tax list is to be 
 made out, as the service operates as a stay of all proceedings in 
 any way relating to or consequent upon the act complained of. 
 Still the assessment, when made out, must have reference to the 
 property of the district, as it existed at the expiration of the month. 
 In the second case, the trustees should make out their tax list 
 within the month, although they may not be able finally to complete 
 it. They should, however, within the first ten days after the meet 
 ing at winch the tax is voted, make out their assessment ; so that if 
 a reduction is claimed, or an original valuation is found to be ne 
 cessary, they can give the twenty days notice required by law, and 
 complete their list by the expiration of the month. 
 
 JZrrors in tax lists and rate-bills have often been discovered 
 after they were made out. If discovered within a month from 
 the time the tax was voted, and nothing has been collected, the 
 trustees may recall them, correct the error, and redeliver them to 
 the collector. But after the expiration of the month, and after 
 any tax had been, in whole or in part collected, they did not, 
 previously to the act of 1839, (modified by the act of 1843,) 
 possess the po*wer of correction. In consequence they were 
 exposed to prosecutions for slight and accidental errors which 
 might have been easily corrected by parties who did not choose to 
 take the more convenient and summary mode of appealing to the 
 Superintendent. This is now effectually remedied by 13 of the 
 act referred to, (No. 133,) by which trustees may, with the appro 
 bation and consent of the state superintendent, correct and amend 
 errors in making out any tax list or rate-bill which may be discov 
 ered prior to the expenditure of the amount therein directed to be 
 raised, and may refund to any person any sum improperly collected 
 in consequence of such error. By availing themselves of this 
 provision, trustees may now protect themselves from vexatious 
 suits. They need not wait for an appeal by any party aggrieved, 
 but as soon as they become aware of the existence of any error, 
 they should proceed at once to correct it, and to refund any amount 
 improperly collected in consequence of such error. 
 
203 
 
 3. HOW, AND UPON WHOM TO BE ASSESSED, AND FOR WHAT 
 PROPERTY. 
 
 Trustees are required by -85 of the act of 1847, (No. 108,) to 
 apportion taxes, " on all taxable inhabitants of the district, or 
 corporations holding property therein." This provision includes, 
 of course, all actual residents of the district ; and is extended by 
 87, (No. 110,) to "every person owning or holding any real 
 property within any school district, who shall improve and occupy 
 the same by his agent or servant," whether he resides in the district 
 or not. They are also to apportion taxes upon all real estate 
 lying within the boundaries of such district, the owners of which 
 shall be non-residents, and which shall be liable to taxation for 
 town or county purposes, and shall be situated within three miles 
 of the site of the school-house in such district." This includes 
 uncultivated and unimproved lands owned by non-residents, and 
 situated in the district ; and is an extension of the power given by 
 78 of the old act, which limited the lands of non-residents, subject 
 to taxation, to those which were actually cleared and cultivated. 
 The trustees may, in their discretion, omit to assess any tract or 
 parcel of unoccupied non-resident land in their district, where the 
 proportion of the tax payable therefor, would not amount to fifty 
 cents. This provision is inserted to save the trouble of the sub 
 sequent proceedings rendered necessary in such cases, where so 
 small a sum only can be finally collected. 
 
 The apportionment is also to be made according to the valua 
 tions of the taxable property which shall be ow ned or possessed 
 by them, (the inhabitants of the district, &c. as aforesaid,} at the 
 time of making out such list ; within such district, or partly within 
 such district and partly in an adjoining district. 
 
 Taking these provisions together, the following general princi 
 ples may be deduced: 
 
 1. All the actual inhabitants of a district are taxable for the 
 whole property, real and personal, owned or held by them within 
 the district. Executors and administrators having in their pos 
 session or under their control the property of their testator or in 
 testate, within the district are taxable therefor, in their represen 
 tative capacity, as executors, &c. 
 
 2. They are also taxable for any real property owned by them, 
 lying partly within such district and partly in an adjoining dis 
 trict that is, for such property as at the t.me of making out the 
 tax list is owned by them and intersected by the boundaries of 
 the district. In this respect the old law is not substantially alter 
 ed. Nor is it in any sense material when the title of the owner 
 to the whole or any part of the land so intersected accrued, wheth 
 er before or after the organization of the district, so that it be 
 longed to him at the time of making out the tax list, and is then 
 intersected by the boundaries of such district. In such case, no 
 matter what may be the respective proportions of the land owned 
 
204 
 
 in each district, the owner is taxable for the whole farm or proper 
 ly belonging to him, and which is connected and occupied as one farm 
 in the district where he resides, only : and being so liable there, he 
 cannot, of course, be taxed for the same property in any other district. 
 The principles of law applicable to the taxation of school dis 
 trict purposes, of real estate intersected by the boundary line be 
 tween two districts, are these : Each inhabitant of a school district 
 is taxable, under 85 act of 1847, (No. 108,) in the district where 
 he actually resides " according to the valuations of the taxable 
 property which shall be owned or possessed by him, at the time of 
 making out such list, within such district, or partly within such 
 district and partly in an adjoining district." This principle has 
 been repeatedly recognized and asserted ; and the only difficulty 
 consists in its practical application to a class of cases supposed to 
 come within the purview of a series of decisions made by Super 
 intendents FLAGG and Dix. confining its operation to the period 
 of the organization of the district. At page 24 of the volume of 
 "Common School Decisions," Mr. FLAGG says, "The principle is, 
 that where a line between two districts runs through a man s farm, 
 he shall be taxed for the whole of his farm, in the district where 
 his house stands, or where he resides." And he observes that on 
 this point the law is clear, and that such has been the construction 
 given it. * f The same principle," he adds, governs the town assess 
 ments;" the provision of law in this respect being that "wheie the 
 line between two towns divides any occupied lot or farm, the same 
 shall be taxed in the town where the occupant lives, provided he 
 or she lives on the lot." At page 69, however, of the game volume 
 he lays down the rule in the following terms: "Where a person 
 purchased a lot in an adjoining district, along side of his farm, it 
 was decided that he was taxable for the lot purchased, in the dis 
 trict where it was situated. If his farm had been interesectcd by 
 the district line when the commissioners formed it, then he would 
 have been assessed for his. whole farm in the district where his 
 house was situated ; but the lot purchased is a distinct lot, and the 
 lines of districts cannot be changed by individual purchases" The 
 same doctrine is asserted in a subsequent decision made by Gen. 
 Dix, at page 128 of the volume referred to. These two decisions 
 have been repeatedly over-ruled by subsequent Superintendents, 
 upon the ground that they establish a criterion by which to deter 
 mine the liability of property to taxation, in the class of cases 
 under consideration, not recognized by the statute, viz : intersec 
 tion by the boundary line of the district, at the time of the forma 
 tion of the district, instead of at the time of making out the tax 
 list. The language of the statute, in this respect, seems to be 
 clear and explicit : u In making out a tax list, the trustees of school 
 districts shall apportion the same on all the taxable inhabitants of 
 the district, or corporations holding property therein, according to 
 the valuations of the taxable property which shall be owned or 
 possessed by them, at the time of making out such list, within 
 
205 
 
 such district, or partly within such district and partly in an ad 
 joining district." 
 
 The owner or occupant of a farm, therefore, situated partly in 
 two adjoining districts, is taxable in the district where he actually 
 resides, for the whole farm, provided he occupies or improves the 
 whole as one farm, either by himself, his agents, or servants. 
 So if the owner of a farm situated wholly in one district, purchases 
 a piece of land adjoining his farm, in another, and occupies the 
 whole as one farm, it is taxable only in the district where such 
 owner resides. 
 
 If, however, there is a tenant on that portion of the farm situated 
 in a different district from that of the owner s residence, such ten 
 ant is taxable in the district where he resides, for so much of the 
 property as he rents or leases. 
 
 This rule of taxation in no respect interferes, as has frequently 
 been supposed, and as seems to be inferred from the tenor of the 
 above named decisions of Messrs. Flagg and Dix, with the boun 
 daries of the respective districts. They remain unaltered and un 
 affected ; so that if that portion of a farm situated in a district other 
 than that of the owner s residence, should again be sold to an in 
 habitant of the district in which it is situated, it would again be 
 come taxable in that district. The rule is one simply of taxation : 
 and no more interferes with the territorial organization of districts, 
 than does the corresponding principle applicable to town assess 
 ments, with the boundary lines of towns or counties. It is based 
 upon the injustice and inexpediency of requiring an inhabitant of 
 one district to contribute to the expense of supporting the schools 
 in another, merely because a part of his farm extends beyond the 
 boundary line of his district, and operating, as it does, equally in 
 every district, furnishes a guide to trustees in the assessment of 
 taxes, which relieves them from much embarrassment and labor, 
 otherwise unavoidable, in determining as to the relative value of 
 detached portions of the same farm situated on either side of the 
 boundary line of their districts. 
 
 3. All non-resident owners of real estate in the district, who im 
 prove and occupy the same by their agents or servants, are by 87, 
 (No. 110,) taxable therein for the property so owned, improved 
 and occupied, in the same manner as though they actually resided 
 therein. This provision is also to be construed in connexion with 
 those above referred to, and is applicable in its full extent only to 
 cases where the property so occupied is wholly situated in the dis 
 trict. Where it is situated partly in the district where the owner 
 actually resides, it is taxable only in that district. And where it 
 is situated partly in two or more districts, in neither of which the 
 owner resides, each districts must tax such owner only for the part 
 actually within its boundaries. It is also to be borne in mind that 
 this class of cases is distinct from that in which the land is occupied 
 by a tenant and also from that in which it is so occupied by a 
 person working it under a contract for a share of the produce of 
 
206 
 
 such land. In each of these cases the actual possessor is to be 
 taxed in the same manner as though he were the owner. See 86, 
 (No. 109,) and 88, (No. 111.) 
 
 4. All real estate situate in a district, within three miles of the 
 school-house therein, and owned by non-residents, not included in 
 either of the above class of cases, is also liable to taxation, and 
 forms the subject of the directions contained in 89 to 95 inclu 
 sive, in the act of 1847, (Nos. 112 to 118, both inclusive.) 
 
 5. Land in the district belonging to corporations, whether cul 
 tivated or not, is taxable for school district purposes. The provi 
 sion in the act of 1847, in this respect, produces a material altera 
 tion of the law as it formerly stood, and renders turnpike, railroad 
 and plank road corporations taxable for so much of the land owned 
 by them as is situated within the respective school districts through 
 which their roads pass. Such corporations and all others, are to 
 be regarded as residents of the districts where their principal place 
 of carrying on business is situated, and non-residents elsewhere. 
 
 By a decree of the Chancellor of this state, 4th vol. Paige s 
 Chan. Rep. 384, it has been decided that railroad companies, 
 whose stock, or the principal part thereof, is vested in the lands 
 necessary for their roads, and in their railways and other fixtures 
 connected therewith, are taxable on that portion of their capital as 
 real estate in the several towns or wards in which such real estate 
 is situated." They are, of course, taxable in school districts for 
 common school purposes, on so much of such real estate as is inclu 
 ded within the boundaries of those districts. 
 
 In the decree referred to, it was also decided that such real 
 estate " is to be taxed upon its actual value at the time of the as 
 sessment, whether that value is more or less than the original cost 
 thereoff" 
 
 In ascertaining the value of so much real estate as is included 
 within the boundaries of a school district, the trustees must, from 
 the necessity of the case, be guided by the best evidence which it 
 is in their power to obtain. They should ascertain from the as 
 sessment roll of the town the aggregate value of so much of the 
 real estate of the company as is within the town. They should 
 then ascertain whether the proportion of that value, in respect to 
 the railway included within their district, is equal to the value of 
 the whole of the real estate of the company included within an 
 other district, in which the length of the railway is the same. This 
 cannot always be the case, for within the boundaries of one school 
 district the company will have a depot, while it has none in anoth 
 er district. Within one school district the railway may have a 
 double, while in another it may have but a single track. All these 
 circumstances must be ascertained and taken into consideration by 
 the trustees. If the company has in a school district nothing but 
 its railway, and has a depot within the same town, then the value 
 of the depot should be deducted from the valution of the real es 
 tate of the company on the last assessment roll of the town, as pre- 
 
207 
 
 liminary to a valuation of that part of the railway which is within 
 the boundaries of such district. Com. School Dec. 350. 
 
 The same principles are, in the main, applicable to plank road 
 corporations. 
 
 Banks are taxable for common school purposes. Id. 87. 
 
 Associations formed under the general banking law are corpora 
 tions, and as such are liable to taxation on their capital. 1 Hill s 
 Rep. 616; Sid. 389. 
 
 By chap. 327, Laws of 1846, " rents reserved in any leases in 
 fee, or for one or more lives, or for a term of years exceeding 
 twenty-one years, and chargeable upon lands in any town or ward," 
 are to be "assessed to the person or persons entitled to receive the 
 same as personal estate, at a principal sum, the interest of which, 
 at the legal rate per annum, shall produce a sum equal to such an 
 nual rents; and in case such rents are payable in any other thing 
 except money, the value of such annual rents in money shall 
 be ascertained by the assessors, and the same shall be assessed in 
 manner aforesaid." Trustees of districts are to include this spe 
 cies of property in their tax lists ; and if no property can be found 
 on which to levy, and the tax remains unpaid, the collector should 
 return accordingly, and the trustees apply to the County Treasur 
 er, who is required to issue his warrant to the Sheriff of the Coun 
 ty where any real or personal estate of the person upon whom 
 such tax is imposed, may be found, for the collection thereof. 
 
 PROCEEDINGS IN CASE OF UNOCCUPIED AND UNIMPROVED NON 
 RESIDENT LANDS. 
 
 Where any real estate within a district, liable to taxation, is un 
 occupied, the trustees, at the time of making out their tax list, are 
 required by 89 of the act of 1847, (No. 112,) whenever they 
 impose a rax on such property, " to make out and insert in such tax 
 list a statement and description of every such lot, piece or parcel of 
 land so owned by non-residents therein, in the same manner as re 
 quired by law from town assessors, in making out the assessment 
 rolls of their towns." If the tax is returned by the collector un 
 paid, upon receiving from him an account thereof, with the descrip 
 tions of the property, as directed to be made, and the amount of 
 the tax, together with an affidavit of the fact of non-payment, and 
 of due diligence used for the collection, the trustees are to credit 
 him with the amount, 90, (No. 113,) to compare the account so 
 rendered with the original tax list, certify to its accuracy, and trans 
 mit it, together with the collectors affidavit and their certificate, to 
 the county treasurer, 91, (No. 114,) who is to pay the amount so 
 returned out of any moneys in the treasury raised for contingent 
 expenses. 92, (No. 115.) 
 
 Such county treasurer is to lay the account, affidavit and cer 
 tificate before the board of supervisors, who are to cause the 
 amount of such unpaid taxes,with seven per cent in addition, to be 
 levied on the lands of the respective non-residents liable to pay the 
 
208 
 
 same ; which amount, when collected, is to be returned to the 
 county treasurer, to reimburse the amount so advanced, with the 
 expense of collection. 93, (No. 116.) 
 
 Any person whose lands are included in any such account, may 
 pay the tax assessed thereon to the county treasurer, at any time 
 before the board of supervisors shall have directed the same to 
 be levied. 94, (No. 117.) 
 
 The same proceedings are to be had for the collection of the 
 amount so directed to be raised by the board of supervisors, as are 
 provided by law in relation to taxes on non-resident lands general 
 ly ; and upon a return to the comptroller of the arrears uncollected 
 the amount is to be paid on his warrant to the county treasurer, 
 and the state is to collect the same in the manner prescribed by law 
 in respect to arrears of county taxes upon lands of non-residents, 
 95, (No. 118.) 
 
 To enable the trustees better to perform the duties thus devolv 
 ing upon them, that part of the Revised Statutes referred to in 
 89, (No. 112,) and which is applicable, is hereto annexed : 
 
 " 11. The lands of non-residents shall be designated in the 
 same assessment roll, but in a part thereof separate from the oth 
 er assessments, and in the manner prescribed in the two following 
 sections. 
 
 " 12. If the land to be assessed be a tract which is subdivided 
 into lots, or be part of a tract which is so subdivided, the assessors 
 shall proceed as follows : 
 
 " 1. They shall designate it by its name, if known by one, or 
 if it be not distinguished by a name, or the name be unknown,they 
 shall state by what other lands it is bounded : 
 
 " 2. If they can obtain correct information of the subdivisions, 
 they shall put down in their assessment rolls, and in a first column, 
 all the unoccupied lots in their town or ward, owned by non-resi 
 dents, by their numbers alone and without the names of their own 
 ers, beginning at the lowest number and proceeding in numerical or 
 der to the highest : 
 
 " 3. In a second column, and opposite to the number of each 
 lot, they shall set down the quantity of land therein liable to taxa 
 tion : 
 
 " 4. In a third column, and opposite to the quantity, they shall 
 set down the valuation of such quantity : 
 
 " 5. If such quantity be a full lot, it shall be designated by 
 the number alone j if it be a part of a lot, the part must be 
 designated by boundaries, or in some other way, by which it may 
 be known. 
 
 " 13. If the land so to be assessed be a tract which is not sub 
 divided, or if its subdivisions cannot be ascertained by the assess 
 ors, they shall proceed as follows : 
 
 " 1. They shall enter in their roll the name or boundaries there 
 of, as above directed, and certify in the roll that such tract is not 
 subdivided, or that they cannot obtain correct information of the 
 subdivisions, as the case may be : 
 
209 
 
 (i 2. They shall set down in the proper column the quantity and 
 valuation as above directed : 
 
 " 3. If the quantity to be assessed be the whole tract, such de 
 scription by its name or boundaries will be sufficient ; but if a part 
 only is liable to taxation, that part or the part not liable must be 
 .particularly described : 
 
 " 4. If any part of such tract be settled and occupied by a res 
 ident of the town or ward, the assessors shall except such part from 
 their assessment of the whole tract, and shall assess it as other oc 
 cupied lands are assessed." 
 
 The residue of the sections relates to the making of a map which 
 is supposed not to be applicable to trustees of school districts ; if a 
 map is already on file, the trustees might refer to it in aid of their 
 descriptions. 
 
 4. VALUATIONS OF PROPERTY, HOW ASCERTAINED, AND MODE OF 
 PROCEEDING WHEN RE-DUCTION IS CLAIMED. 
 
 The valuations of taxable property are to be ascertained, as far 
 -as possible, from the last assessment roll of the town, and no person 
 is entitled to any reduction in the valuation so ascertained, unless 
 lie gives notice of his claim to such reduction to the trustees of the 
 district before the tax list shall be made out. 96, (No. 119.) 
 
 The assessment roll of the town, when signed and certified ac 
 cording to the provisions of the 26th section of title 2, chap. 13, 1 
 Revised Statutes, is to be deemed the last assessment roll of the 
 town. By 27, of the same title, this roll is to be delivered to the 
 supervisor of the town on or before the first day of September in 
 each year, to be by him delivered to the board of supervisors at 
 -their next meeting. 
 
 According to the opinion of the supreme court in 7 Wendell, 89, 
 the roll is then to be deemed completed, so that the trustees may 
 use it as the basis of their tax list. It is true that it may after 
 wards be altered by the board of supervisors, by increasing or 
 diminishing the aggregate valuation of real estate of the town to 
 make it correspond with that of other towns. But it is obvious 
 this will not affect the proportion between the inhabitants of the 
 same town, so that an assessment apportioned on either roll would 
 be the same, so far as the real estate is concerned. Should the 
 proportions be varied when real and personal estates are assessed 
 to the same person, yet under the decision referred to, the tax list 
 made out upon the assessment roll as completed by the assessors 
 before any variation made by the supervisors would be valid. If 
 any change is made by them, a subsequent tax list should vary also 
 in the same particulars. Generally, the roll completed by the as 
 sessors will be a guide, but the trustees cannot be safe without re 
 curring to the roll after its correction by the supervisors, as it has 
 been held by the supreme court in the case above referred to, and 
 in other cases, that if the tax list is made upon an assessment roll 
 that is not the last valid one, the trustees will be personally liable. 
 14 
 
210 
 
 The question is often raised, how far, and to what extent, the 
 last assessment roll of the town is to be followed in the valuations 
 of trustees in levying taxes. It is to be adopted as the sole guide, 
 where a valuation has actually been made by the assessors on pro 
 perty, the condition of which remains substantially the same. But 
 where improvements have been made on real estate which has 
 thereby actually been enhanced in value since the last assessment 
 roll was completed, or where any material change has occurred in 
 the situation of the property, it is obvious that the last assessment 
 roll ceases to be a standard of valuation. So, where an inhabitant 
 acquires or parts with personal property, since the assessment roll 
 was made out. And it is to be recollected that trustees are bound 
 to follow the last assessment roll as far as possible, only with refer 
 ence to the valuations of property. Where it has changed hands, 
 they are to put the assessment to the present owner, adopting the 
 valuation of the town assessors. Where, for instance, one inhabi 
 tant sells his farm to another, the trustees, in levying a tax, are to 
 assess the farm to the vendee, at the valuation of the town asses 
 sors, where no substantial improvement enhancing its value has oc 
 curred in the mean time ; reducing, if the circumstances require it, 
 the valuation of his personal property, by the amount paid or se 
 cured to be paid as the consideration money of the purchase, and 
 increasing by the same amount the valuation of the personal estate 
 of the vendor. In either of these cases, however, as an original 
 valuation by the trustees in part would become necessary, the pro 
 ceedings prescribed by 97, (No. 120,) would be requisite. But 
 where a mere exchange of real estate is effected, no change in the 
 valuations should be made, unless in the cases above specified, of 
 substantial improvements or alterations ; the names of the respec 
 tive persons liable, only, requiring to be changed. 
 
 Where a reduction is duly claimed, and where, for any reason, 
 the valuation of taxable property cannot be ascertained from the 
 last assessment roll of the town, the trustees are required by 97, 
 (No. 120,) to " ascertain the true value of the property to be taxed 
 from the best evidence in their power, giving notice to the persons 
 interested, and proceeding in the same manner as the town asses 
 sors are required by law to proceed in the valuations of taxable 
 property." The proceedings to be had in such cases are specifically 
 and particularly pointed out in the following extract from the 
 Revised Statutes as amended by chap. 176, laws of 1851 relating 
 to the assessment of taxes. Substituting the word " trustees" for 
 " assessors," wherever it occurs, the directions there given will 
 afford a perfect guide in all proceedings under section 97. It has 
 been decided by the Superintendent,^. 319 Decisions, &c. that the 
 notice may be given by posting it in three public places. It is to 
 be given in all cases of variation from the town assessment roil. 
 
 " 6, [Act. of 1851.] Whenever any person on his own behalf, 
 or on behalf of those whom he may represent, shall apply to the as 
 sessors of any town or ward to reduce the value of his real and 
 
211 
 
 personal estate, as set down in their assessment roll, it shall be the 
 duty of such assessors to examine such person under oath, touching 
 the value of his or their said real or personal estate, and after such 
 examination they shall fix the value thereof, at such amount as 
 they may deem just, but if such person shall refuse to answer any 
 question to the value of his real or personal estate, or the amount 
 thereof, the said assessors shall not reduce the value of such real or 
 personal estate. The examination so taken shall be written, and 
 shall be subscribed by the person examined, and shall be filed in 
 the office of the town clerk of the town or city in which such as 
 sessment shall be made, and any person who shall wilfully swear 
 falsely on such examination before the assessors, shall be deemed 
 guilty of wilful and corrupt perjury. 
 
 " 7. The assessors of the several towns and wards of this 
 State, shall have power to administer oaths to any person applying 
 to them under the provisions of the sixth section of this act. 
 
 " 17, (R. S.) All real and personal estate liable to taxation, 
 shall be estimated and assessed by the assessors at its full and true 
 value, as they would appraise the same in payment of a just debt, 
 due from a solvent debtor." 
 
 After completing the assessment roll, section 19 provides that 
 the assessors "shall make out one fair copy thereof, to be left with 
 one of their number. They shall also forthwith cause notices 
 thereof to be put up at three or more public places in their town or 
 ward." 
 
 " 4. (Act of 1851.) " Such notices shall set forth that the as 
 sessors have completed their assessment roll, and that a copy there 
 of is left with one of their number, at a place to be specified there 
 in, where the same may be seen and examined by any person 
 interested, until the third Tuesday of August; and that on that day 
 the assessors will meet at a time and place also to be specified in 
 such notice, to review their assessments. On the application of any 
 person conceiving himself aggrieved, it shall be the duty of the said 
 assessors on such day to meet, at the time and place specified, and 
 hear and examine all complaints in relation to such assessments 
 that may be brought before them ; and they are hereby empowered, 
 arid it shall be their duty, to adjourn from time to time, as may be 
 necessary, to hear and determine such complaints ; but in the sev 
 eral cities of this State, the notices required by this section, may 
 conform to the requirements of the respective laws regulating the 
 time and place and manner for revising the assessments in said 
 cities, in all cases where a different time, place and manner is pre 
 scribed by said laws from that mentioned in this act. 
 
 " o. If the assessors shall wilfully neglect to hold the meeting 
 specified in the last preceding section, each assessor so neglecting 
 shall be liable to a penalty of twenty dollars, to be sued for and 
 recovered before any court having jurisdiction thereof, by the su 
 pervisor of the town, for the use of the poor of the same town ; and 
 in case of such neglect to meet for review, any person aggrieved 
 
212 
 
 by the assessment of the assessors may appeal to the board of su 
 pervisors, at their next meeting, who shall have power to review 
 and correct such assessment. 
 
 " 21. The assessor with whom such assessment roll is left 
 shall submit the same, during the twenty days specified in such 
 notice, to the inspection of all persons who shall apply for that pur 
 pose." 
 
 It will be observed, that under the pro visions of the act of 1847, 
 (No. 108, 85,) it is no longer necessary that the agent or servant 
 of the non-resident owner should reside on, or " improve and oc 
 cupy " land situated within the boundaries of the district, in order 
 to render such non-resident owner liable to taxation ; provided 
 such land is taxable for town and county purposes, and is situated 
 within three miles of the site of the school-house of the district in 
 which it lies. 
 
 A non-resident owner is taxable for land occupied by an agent ; 
 but not, if occupied by a tenant. If the person living on the pre 
 mises rents the land as tenant, such tenant is liable to be taxed for 
 the premises so occupied by him. Com. School Dec. 27 . The 
 principle of this decision is fully sustained by the supreme court in 
 the case of Dubois vs. Thome , 7 Wendell, 518, in which a lessee 
 of a non-resident owner was held liable for a tax for a part of a lot, 
 and two sub-tenants for the parts occupied by them respectively. 
 The court observed that the mere ownership of the property, with 
 out occupation by himself, his agent, or servant, was not sufficient 
 to charge the non-resident owner with the tax. As the law now 
 stands, however, such ownership will be sufficient in the absence 
 of any occupation by a tenant. 
 
 A saw-mill, having an agent or servant in charge of it, is taxable 
 to the non-resident owner. Com. School Dec. 82. So a factory 
 unoccupied, is taxable to the non-resident owner. Id. 100. 
 
 Where there is a known error in the town assessment, the 
 trustees may correct it in the district assessment. For instance, if 
 a resident of a district should purchase or sell a lot after the town 
 assessment had been made, the trustees would be required to vary 
 the district assessment accordingly. But where there is no change 
 in the property of the district, and the valuation is a matter of opin 
 ion merely, the trustees must be guided by the last assessment 
 roll of the town, even though in their judgment such property, or 
 any portion of it, is worth more or less than the estimate put upon 
 it by the town assessors. Com. School Dec. 3. 
 
 Alterations by the trustees from the last assessment roll of the 
 town, by reason of improvements subsequently made, in consequence 
 of which the property assessed has become enhanced in value, 
 should be made only where such improvements are complete. Id. 
 194. 
 
 In assessing taxes in joint districts, the last assessment roll in 
 each town must be followed, with respect to the taxable property 
 within it, notwithstanding the standard of valuation adopted by the 
 
213 
 
 assessors of the respective towns may be different. Id. 315. But 
 see 72, (No. 194,) Laws, &c. 
 
 Trustees cannot assess an individual for personal property if he 
 has been taxed for none on the last assessment roll of the town, on 
 the supposition that he may have more than his debts amount to. 
 The assessment roll of the town settles the matter, and the trus 
 tees cannot vary the amount but from some knowledge of an altera 
 tion after that roll was made out, or to correct some known and 
 acknowledged error. Id. 342. 
 
 Where land owned by the same person is situated in different 
 districts in the same town, but all included under one assessment 
 by the town assessors, if all the land is of the same description, 
 and was actually valued at the same rate per acre, without any 
 variation on account of improvements or otherwise ; or if it ap 
 pears on the roll at what rates the separate parts were valued,then 
 the valuation of the portion situated in any particular district may 
 be ascertained by the trustees from such last assessment roll. But 
 if the valuation by the town assessor was general, and if the land 
 was of different degrees of quality or value, or if a dwelling-house 
 or other improvements are situated in one district and none in an 
 other, a new and original assessment must, in such case, be made 
 by the trustees, giving the notices, &c., and proceeding in the mode 
 required by law. Per SPENCER, Supt. Jan. 1841. 
 
 Unless a reduction is claimed, or some departure from the last 
 assessment roll of the town becomes necessary, trustees are not 
 required to give notice of the assessment of a tax. Com. School 
 Dec. 40. 
 
 Land purchased after a tax is voted, but before the tax list is 
 made out, must be assessed to the purchaser if he resides in the 
 district. Id. 8. 
 
 Persons leasing specific portions of a lot are to be taxed for so 
 much as they lease. Id. 16. 
 
 Persons about to remove from a district must be included in a 
 tax list, if they are actually inhabitants when the list is made out. 
 J& 66. 
 
 A store and lot must be taxed in the district in which they are 
 situated, but goods in a store are to be taxed in the district in 
 which the owner resides. Real estate is taxable where it lies, and 
 personal property where the owner resides. Id. 71, 86. 
 
 Bridge companies are taxable in the district where the tolls are 
 collected. Id. 74. 
 
 If a person owns two farms and the district line separates them, 
 and they are separately occupied, he is liable to be taxed for each 
 farm in the district where it lies. But if they are occupied as one 
 farm, the whole is taxable only in the district where the owner re 
 sides. Id. 81. And see ante. 
 
 The general rule is, that where a new district is formed, and the 
 line intersects a farm, the whole farm is to be taxed in the district 
 where the owner resides. Separate tenancies are, however, excep- 
 
214 
 
 tions to this rule. When a part of a farm is leased, it ceases to be 
 an entire possession, and the part so leased must, with regard to 
 taxation, be considered as following the residence of the lessee or 
 tenant. Id. 103. 
 
 The vendor of a farm remaining in possession is liable for taxes 
 assessed on it. Id. 83. 
 
 Trustees are bound to know the condition of the taxable proper 
 ty of their district, so that in assessing taxes no person shall be im 
 properly taxed. Id. 108. 
 
 The toll-house and gate of a turnpike or bridge company, inclu 
 ding a lot no more than sufficient for the accommodation of the 
 toll-gatherer, are necessary appendages to the franchise, and taxa 
 ble as personal estate in the district where the principal office of 
 the company, for the transaction of its business, is situated. Id. 
 135. 
 
 Two or more taxes voted at the same time may be included in 
 the same tax list. Id. 158. 
 
 If a taxable inhabitant sells his farm and remains in the dis 
 trict, he is liable to be taxed on the amount of the purchase money 
 paid, or secured to be paid, as personal property, and the purchaser 
 is taxable for the farm, according to its assessed value on the last 
 assessment roll of the town. Id. 285, 342. 
 
 Trustees must include in a tax list every taxable inhabitant 
 residing in the district at the time the list is made out- Id. 109, 
 342. 
 
 If, before a tax is assessed, the trustees ascertain that the whole 
 amount voted will not be required, they may make out a tax list 
 for a smaller sum. Id. 342. 
 
 If an inhabitant removes from a district before the end of one 
 month after a tax is voted, and before the tax list is delivered to 
 the collector, he cannot be included in it ; the tax list, while remain 
 ing in the hands of the trustees, not being complete, except in 
 cases where notice is required to be given in pursuance of law. 
 Id. 357, as subsequently modified by YOUNG, Superintendent. 
 
 A tenant is .taxable, whether a householder or not, for ..land oc 
 cupied and improved by him. Pie may board out, and yet, if he 
 hire the lot and improve it, as a tenant, he is taxable for it. Id. 
 155. 
 
 The temporary occupancy of a house on a farm, by a person 
 hired to work it by the month, does not, however, constitute such a 
 tenancy as to sucgeet such occupant to taxation fo 17 the farm. He^ 
 can be regarded only RS-ftgent for the owner. Per Dix, Superin 
 tendent, 1837. 
 
 Where a person, assessed for a greater number of acres than his. 
 farm contains, omits to claim a reduction when the tax is assessed 
 by the trustees, he will riot be relieved subsequently on appeal. 
 Com. School Dec. 341. 
 
 Trustees, guardians, executors and administrators are taxable, in 
 their representative character, where they reside, for all the per- 
 
sonal estate and property in their possession, or under their control, 
 belonging to the cestuique trust, ward, testator or intestate, whom 
 they represent. By 10, 1 R. S. 391, a deduction is to be made 
 by the assessors for debts due from the individual assessed, in his 
 representative character, as specified in 27, 2 R. S. 87. It is 
 in the power of such trustees, guardians, executors or administrators 
 to claim a reduction under the provisions of 79 of the school act, 
 above referred to ; and to reduce the amount of such assessment by 
 a specification of the value of the property. The question wheth 
 er the real owners of the property are to be directly or indirectly 
 benefitted by the expenditure of the tax assessed npon it, does not 
 appear to have been one of the considerations in the provisions 
 above referred to, for it is manifest that the personal property in 
 the hands of a trustee, guardian, &c., in Buffalo, is liable to be tax 
 ed there, although the real parties in interest may live in Albany. 
 After the administration of an estate in the hands of an executor 
 or administrator, upon the rendition and settlement of a final ac 
 count of his proceedings, the personal property is of course no lon 
 ger liable to taxation where he resides; but so long as it is in 
 his possession, or under his control, it is so liable. Id. 157, 
 230. 
 
 PERSONS AND PROPERTY EXEMPT FROM TAXATION. 
 
 By 89, (No. 121,) the trustees, in assessing a tax for building 
 a school-house, are to exempt any person set off to their district, 
 without his consent, from any other district, within four years pre 
 ceding the assessment of such tax, who shall have actually paid 
 within that period, in the district from which he was taken, under 
 a lawful assessment therein, a district tax for the same purpose. 
 The burden of proof in this ease undoubtedly rests with the person 
 claiming the exemption, as the trustees can have no official knowl 
 edge of the fact. 
 
 This exemption does not extend to taxes for repairs, or for any 
 other purposes than building a school-house. 
 
 By 4 of chap. 13, 1 11. 8. 379, (2d edition,) the following pro 
 perty is declared to be exempt from taxation : 
 
 1. All property, real or personal, exempted from taxation by the 
 Constitution of this state or of the United States : 
 
 2. All lands belonging to this state or to the United States : 
 
 3. Every building erected for the use of a college, incorporated 
 academy or" Qi>hei! ^incorporated]] : seminary of learning; ..every 
 building for public worship ; every school-house, court-house and 
 jail ; and the several lots whereon such buildings are situated, and 
 the furniture belonging to each of them : 
 
 4. Every poor-house, alms-house, house of industry, and every 
 house belonging to a company incorporated for the reformation of 
 offenders, and the real and personal property belonging to or con 
 nected with the &ame ; 
 
5. The real and personal property of every public library : 
 
 6. All stocks owned by the state or by literary or charitable in 
 stitutions : 
 
 7. The personal estate of every incorporated company not made 
 liable to taxation on its capital by law : 
 
 8. The personal property of every minister of the gospel or 
 priest of any denomination ; and the real estate of such minister or 
 priest, when occupied by him ; provided such real and personal es 
 tate do not exceed the value of $1,500. If such real and person 
 al estate, or either of them, exceed the value of $1,500, that sum is 
 to be deducted from the valuation of the property of such minister, 
 and the residue is liable to taxation : 
 
 9. All property exempted bylaw from execution. 
 
 The land owned by a minister of the gospel, if rented, can be 
 taxed to the tenant. It is exempt from taxation to a certain ex 
 tent, only when occupied by such minister. If. however, the oc 
 cupant is the agent merely of the minister, so as to render it neces 
 sary to make out the assessment against the latter as owner, the 
 property is then exempt. 
 
 Land occupied by a minister of the gospel as tenant, has been 
 held exempt to the amount of $1,500, under the provision above 
 quoted. Com. School Dec. 61. 
 
 6. WHEN TAXES MAY BE IMPOSED BY TRUSTEES WITHOUT BEING 
 SPECIFICALLY VOTED. 
 
 By 109 of the act of 1847, (No. 129,j " When the trustees of 
 any school district are required or authorized by law, or by vote of 
 their district, to incur any expense for such district, and when any 
 expenses incurred by them are made by express provision of law a 
 charge upon such district, they may raise the amount thereof by 
 tax, in the same manner as if the definite sum to be raised had 
 been voted by a district meeting, and the same shall be collected 
 and paid over in the same manner." 
 
 By 104 of the act of 1847, (No. 127,) the trustees are required 
 to purchase two blank books, for the purposes specified in that sec 
 tion, and by sub. 1. of 81, (No. 102,) a book is to be provided for 
 recording the proceedings of the district. The trustees will be jus 
 tified in imposing a tax, or adding to the amount of any voted by 
 the district, for the expenses of these books. 
 
 By 105, as amended by chap. 382, Laws of 1849, " When the 
 necessary fuel for the school of any district shall not be provided, 
 by means of a tax on the inhabitants of the district or otherwise, it 
 shall be the duty of the trustees of the district to provide the neces 
 sary fuel, and levy a tax upon the inhabitants of the district to pay 
 for the same. * 
 
 The inhabitants of the district sending to school may, by volun 
 tary arrangement, furnish their respective proportions of fuel, ac 
 cording to the number of children and the length of time they send 1 ,, 
 but they cannot be compelled to, do so by a vote of the district 
 
217 
 
 where no tax is voted for the supply of fuel, and no arrangement of 
 this kind voluntarily entered into and carried into effect by those 
 sending to school, it becomes the duty of the Trustees, under the 
 above provision, to furnish the necessary fuel and to levy a tax up 
 on the district therefor. 
 
 7. Form of a District Tax List to raise any tax voted or charged on 
 a District, and of a Warrant for its collection. 
 
 List of Taxes apportioned by the Trustees of District No. 
 in the town of Trenton, on the taxable inhabitants of the said dis 
 trict, and corporations holding property therein, and upon real es 
 tate lying within the boundaries of such district, the owners of 
 which are non-residents thereof, for the purpose of raising the sum 
 of laid and charged on the said district, according to 
 
 law. 
 
 Names of inhabitants and 
 Corporations, 
 
 Amount of 
 Taxes. 
 
 James Thomas, 
 
 $6 00 
 
 The President, Directors and 
 Company of the Bank of Utica 
 James Thomas, executor of the 
 Estate of John Thomas, de 
 ceased, 
 
 60 00 
 50 00 
 
 Statement and description of unoccupied and unimproved Lands of 
 non-residents of said district, upon which a tax has been imposed 
 as above stated. 
 
 No. and descriptions of 
 lots and 
 parts of lots. 
 
 Quant, of land 
 therein liable 
 to taxation. 
 
 Valuation of 
 such quan 
 tity. 
 
 Amount 
 of 
 tax. 
 
 No. 17, 
 
 10 acres. 
 
 $25 00 
 
 $0 75 
 
 Southwest quarter of 
 lot No. 23, 
 
 2i 
 
 6 00 
 
 50 
 
 Tract not subdivided, . 
 Or, 
 Tract, the subdivisions 
 of which cannot be as 
 certained, bounded 
 north by lot No. 17, 
 south by north line of 
 A. B., east by lot 15, 
 and west by town line. 
 
 5 " 
 
 1C 
 
 10 00 
 <( 
 
 62 
 <( 
 
 To the Collector of School District No. in the town of 
 ten, in the county of Oneida. 
 
218 
 
 You are hereby commanded to collect from each of the taxable 
 inhabitants and corporations named in the foregoing list, and of 
 the owners of the real estate described therein, the several sums 
 mentioned in the last column of the said list, opposite to the per 
 sons and corporations so named, and to the several tracts of land 
 so described, together with five cents on each dollar thereof for 
 your fees, unless such amount is paid within two weeks from the 
 receipt of this warrant, in which case you are to retain one per cent, 
 only as your fees ; and in case any person, upon whom such tax is 
 imposed, shall neglect or refuse to pay the same, you are to levy the 
 same by distress and sale of the goods and chattels of the person 
 or corporation so taxed, in the same manner as on warrants issued 
 by the board of supervisors to the collectors of towns ; and you 
 are to make a return of this warrant within thirty days after the 
 delivering thereof to you ; and within that time to pay over all 
 moneys collected by virtue hereof, to the trustees of the said a dis- 
 trict, some or one of them ; and if any tax on the real estate of a 
 non-resident mentioned in the said list shall be unpaid at the time 
 when you are required to return this warrant, you are to deliver to 
 the trustees of the said district an account thereof, according to law. 
 Given under our hands this day of in the year one 
 
 thousand eight hundred and forty 
 
 A. B.) 
 
 C. D. t Trustees. 
 E. F.) 
 
 By 110 of the act of 1847, (No. 130,) it is not necessary for 
 the trustees to affix their seals to any warrant. 
 
 8. WARRANTS FOR THE COLLECTION OF TAX^LISTS AND 
 RATE BILLS. 
 
 By various provisions of the school act (No. 131, 132,) it is 
 provided that the warrant annexed to any; tax list for the collec 
 tion of a district tax or any rate bill for the payment of teachers 
 wages, shall command the collector, in case any person named in 
 sueh list shall not pay the sum therein set opposite to his. name on 
 demand, to levy the same of his goods and chattels in the same 
 manner as on warrants issued by the board of supervisors to the 
 collectors of towns, except as hereinafter specified in relation to 
 rate bills. 
 
 The time specified in any warrant, for its collection and return 
 Begins to run from the dtHv&ry of such warrant to the doRfeotbfl, 
 and not from its date. Com. School Dec. 286. 
 
 Where a warrant is signed by two trustees only, the presence 
 or concurrence of the third will be presumed. Id. 258. 
 
 Trustees in office only, can sign warrants./^. 275. 
 
 By 112, 132, "If the sum or sums of money, payable by any 
 
 person named in any tax list or rate bill, shall not be paid by him 
 
 or collected by such warrant within the time therein limited, it 
 
 may be lawful for the trustees to .renew such warrant, in respect 
 
 uch delinquent person ; or in case such person shall not reside 
 
219 
 
 within their district, at the time of making out a tax list or rate 
 bill, or shall not reside therein at the expiration of such warrant, 
 and no goods or chattels can be found therein whereon to levy the 
 same ; the trustees may sue for and recover the same, in their 
 name of office. 
 
 Such renewal should be made at the earliest practicable period 
 after the expiration of the time specified for the collection in the 
 original warrant. It is not, however, necessary that it should be 
 made prior to the expiration of such original warrant. 
 
 Any second or subsequent renewal of such warrant must be 
 with the written approbation of the Town Superintendent endors 
 ed thereon. 
 
 Trustess may legally renew the warrants of their precessors 
 in office. Com. School Dec. 27. 
 
 Where a district meeting votes to renew a warrant and col 
 lect a tax, the trustees may regard it as an original vote, and 
 issue a new warrant for its collection. Id. 
 
 By 100, as amended by the act of 1849 (chap. 382,) it is made 
 the duty of the trustees, after the expiration of the thirty days al 
 lowed by law to deliver the tax list and warrant to the collector of 
 the district, "and such collector is hereby authorized and directed, 
 upon receiving his warrant, for two successive weeks, to receive 
 such taxes as may be voluntarily paid to him ; and in case the 
 whole amount shall not be so paid in, the collector shall proceed 
 forthwith to collect the same. He shall receive for his services, 
 on all sums paid in as aforesaid, one per cent, and upon all sums 
 collected by him after the expiration of the time mentioned, five 
 per cent ; and in case a levy and sale shall be necessarily made by 
 such collector, he shall be entitled to travelling fees at the rate 
 of six cents per mile, to be computed from, the school house in such 
 district." 
 
 IT. DTJTIE3 OF TRUSTEES IN" "RELATION TO THE PURCHASE, 
 CUSTODY- AND SALE OF SCHOOL-HOUSES AND SITES, THE 
 REPAIR OF SCHOOL-HOUSES, AND FURNISHING- THEM WITH 
 NECESSARY FUEL AND APPENDAGES. 
 
 ..... 1 ":: <, . - - i , ( { P *ii 
 
 1. PURCHASE, REPAIR AND CUSTODY OF SCHOOL-HOUSE. 
 
 By sub. 5, of 82 of the school act, (No. 103,) it is made the 
 duty of trustees, and they are empowered " to purchase or lease a 
 i-dte for the district school-house, n.s ff<&signated b~* a meeting of 
 the district ; and to build, hire, or purchase, keep in repair and 
 furnish such school house with necessary fuel and appendages, out 
 of the funds collected and paid to them for such purpose. 1 
 
 If trustees undertake to remove a school-house, buy a lot. for a 
 site, or do any other act which they are not by law authorized 
 to do without a vote of the inhabitants of the district, it is at 
 their own peril. The inhabitants may ratify their proceedings 
 by a subsequent vote ; but if they do not choose to do so, the 
 trustees are without remedy. Com. School Dec. 41, 222. 
 
220 
 
 But where the inhabitants of a school district have, by a vote 
 to that effect authorized their trustees to make repairs or do any 
 other lawful act, involving an expenditure of money, they will be 
 required to save them harmless, provided they have acted in 
 good faith. The inhabitants may always limit a contemplated 
 expenditure by voting a specific sum for the purpose. But if 
 they neglect to do so, and give a general direction to the trustees 
 to go on and make repair, &c., without restricting the amount to 
 be expended, the Superintendent will, on the refusal of the in 
 habitants after the work is done, to indemnify them, for their rea 
 sonable and bonajidc expenditures, order a tax to be levied for 
 the amount /d. 222. 
 
 By sub. 6 of 82, above referred to, it is provided that the 
 trustees shall have the custody and safe-keeping of the district 
 school-house." 
 
 Questions have frequently arisen, as to the extent of the pow 
 er conferred by this last subdivision ; and to what uses the school 
 house should be confined by the trustees. 
 
 The general principle in relation to questions of this nature 
 arising in the several school districts, is this; that it is the duty 
 of the trustess to exercise such a general supervision over the 
 care and management of the district school-house, as that the 
 instruction of pupils in the school shall not be embarrassed by 
 any use of the house other than for school purposes ; and that 
 the property of the district, and the furniture, books, and papers 
 belonging to the school, or the pupils, shall not be injured or 
 destroyed. Any use of the house in subordination to these restric 
 tions, and not inconsistent with the main purposes for which it 
 was designed, must be left to the determination and pleasure of 
 those to whom it belongs, whose wishes and directions, in this re 
 spect, the trustees are bound to carry out. The school-house is the 
 property of the district, and subject to its control, within the 
 limitations of the law. The purpose for which it was erected 
 must be pursued, and nothing can be suffered to interfere with 
 that. But when that purpose is accomplished, there is neither 
 reason nor law for prohibiting its application to any object of 
 social or moral improvement which the majority of the inhabitants 
 may sanction. Upon this principle, and subject to the restric 
 tions and limitations referred to, it may be used, out of school 
 hours, arid wheji not wanted for any district purposes, for reli 
 gious meetings, Sunday schools, lectures, debating societies, or 
 any other moral, literary, or useful purpose, with the approbation 
 of a majority of the district and the consent of the trustees, or 
 any two of them. 
 
 Trustees cannot, however, allow any part of the district school 
 house to be occupied for any other purpose than that of the dis 
 trict school, while such school is actually in progress. Com. 
 School Dec. 51. 
 
221 
 
 Select or private schools will not be permitted to be kept in 
 the district school-house. Id. 119. 
 
 Except in extraordinary cases, schools must be kept in the dis 
 trict school house : and by 129 of the act of 1847, (No. 140,} 
 " Whenever it sha l be necessary, for the accommodation of the 
 children in any district, the trustees may hire temporarily any 
 room or rooms, for the keeping of schools therein ; and the ex 
 pense thereof shall be a charge on such district." 
 
 If there is no school-house in the district a school cannot be 
 opened by the trustees until the inhabitants have designated the 
 place. Com. School Dec. 190. 
 
 2. SALE OF SCHOOL HOUSE AND SITE. 
 
 A very important branch of the duties incumbent upon trustees, 
 is that which relates to the disposition of the school-house and 
 site, when no longer required for district purposes. By 74, of 
 the of act 1847, (No. 96,) the inhabitants of the district are author 
 ized, whenever the site of the school-house has been legally 
 changed, to direct the sale of the former site, together with the 
 buildings and appurtenances, or any part thereof at such price 
 and upon such terms as they shall deem most advantageous to the 
 district. In this case the trustees act merely as the ministerial 
 officers of the district, and are bound to carry out the directions 
 of the inhabitants. They are to execute the necessary convey 
 ances to the purchaser ; and when a credit is directed to be given 
 for any portion of the consideration money, they are to take, in 
 their corporate name, such security, by bond and mortgage or 
 otherwise, as they may think proper ^ to hold the same as a cor 
 poration, and account to their successors ; and they are also 
 authorized, in their name of office to sue for and recover the 
 moneys due and unpaid upon any security so taken by them 7 
 or their predecessors, with interest and costs. They are by 75 
 to apply the moneys arising from such sale to the expenses in 
 curred in procuring a new site, and in removing or erecting a 
 school-house, so far as such application shall be necessary. 
 
 V. THE EMPLOYMENT OF TEACHERS AND THEIR PAYMENT, 
 AND THE MAKING OUT AND COLLECTING OF RATE BILLS. 
 
 1. CONTRACTS WITH TEACHERS. 
 
 By sub. 7 of 82, No. 103, trustees are " a to contract with and 
 employ all teachers in the district." 
 
 The most fruitful source of difficulty in school districts, has been 
 the loosness and irregularity with which these contracts have been 
 made. In some districts the trustees are in the habit of agreeing 
 to pay the teacher the whole amount of public money that should 
 be received, be it more or less. This is unjust to the teacher or 
 the district, and has almost always led to contention. The agree 
 ment should be to pay him a specific sum by the month or by the 
 
222 
 
 quarter, adequate to the value of liis services. If the public 
 money is not sufficient, the deficiency should be supplied by a rate- 
 bill. It is not to be believed that any intelligent citizens will 
 consider that sordidness to be economy, which prefers that their 
 children should be brought up in ignorance, or instructed in error, 
 rather than contribute the mere trifle which will secure them an 
 education, sound and accurate, at least as far as it goes. When 
 the rewards which other professions and avocations hold out to 
 talent, knowledge and industry, are so liberal, how can it be 
 expected that persons competent to the great business of instruc 
 tion, should devote themselves to it for a compensation inadequate 
 to their support ? 
 
 If the public money should be more than sufficient to remuner 
 ate the teacher, the trustees should consider whether they may 
 not establish another school, or a district department. A large 
 amount of public money indicates a large number of children, and 
 of course there will be the materials for a large school, or for 
 more than one, especially if they are of a character to command 
 respect and inspire confidence. 
 
 Should there be a surplus of public money, after paying a fair 
 and just equivalent to the teachers who can be usefully employed, 
 the district will always be relieved from the consequence of not 
 expending the whole, upon application to the Superintendent. 
 
 It is the duty of trustees of a school district to have a school 
 kept in the district school-house, wherever there are a number of 
 children to attend sufficient to defray the expenses of a teacher : 
 and if a portion of the public money has been assigned to each 
 portion of the year, then it is their duty to have a school kept 
 whenever the expense can be defrayed by the public money, and 
 the rate-bills against those sending children to the school. This 
 principle is applicable as well to summer as to winter schools. 
 Trustees are bound to provide a school, whenever requested by 
 any portion of the inhabitants of the district, able and willing, 
 with the help of the public money or otherwise, to defray its 
 expense : and in this respect they are not to be governed or con 
 trolled by any vote of the district. The very object and business 
 of their office is to provide schools ; and no district meeting can 
 abridge their powers, or relieve them from the performance of 
 their duty in this respect. Per SPENCER, Supt. on appeal. 
 
 A practice prevails to a very considerable extent among the 
 several school districts, of trustees engaging with a teacher that 
 he shall board with the parents of the children alternately. There 
 is no authority for such a contract, and it cannot be enforced on 
 the inhabitants. This compulsory boarding gives occasion to con 
 stant altercation and complaint, which often terminates in breaking 
 up the school. The best arrangement is to give the teacher a 
 specific sum and let him board himself. But there are some dis 
 tricts s ; destitute that it may afford the inhabitants considerable 
 relief to be permitted to board the teacher. In such cases the 
 object can be obtained in another way. Let the trustees contract 
 
223 
 
 with the teacher at a specific sum per mont 
 and they may then agree with him, that if he shall be afforded 
 satisfactory board at the house of any of the inhabitants, he will 
 allow whatever sum may be agreed on per week for such board, to 
 be applied to his wages, and will give an order on the trustees for 
 the amount, to the person with whom he boards : and the trustees 
 may then accept such order from the inhabitants, as payment to 
 that extent upon his tuition bill, and deduct it from the amount to 
 be paid the teacher, after having paid him the whole of the public 
 money. 
 
 It is strongly recommended that all contracts with teachers be 
 made in writing, and a duplicate kept by each party. In no other 
 way can justice be done to the parties in case of any dispute. 
 
 The power of the trustees to contract with and employ teachers, 
 cannot be controlled by the inhabitants ; although it should never 
 be exercised, unless under very peculiar circumstances, in opposi 
 tion to the known wishes of a decided majority of the district. 
 
 Contracts by trustees of school districts for teachers wages are 
 binding on them personally, individually and collectively, while 
 they remain in office ; and on their successors after the expiration 
 of their term : and trustees who are not in office, as such, are no 
 longer personally answerable on such contracts. See 7 Wendell, 
 181, 4 Hill; Com. School Dtc. 191, 282. 
 
 A contract made by all the trustees of a district, but signed by 
 two only, is binding upon all ; and the presence or concurrence of 
 the third will be presumed from the signature of the remainder. 
 So two trustees may enter into a contract, in the absence of the 
 third, if he was duly notified of a meeting for that purpose, or was 
 consulted, and refused to act. McCoy vs. Comtree, 9 Wend. 17. 
 In short, so far as the rights of third persons are concerned, a 
 contract made by a majority of the trustees will be regarded as 
 prima facie valid and obligatory. The party with whom the 
 contract has been entered into is not bound to enquire whether the 
 requisite preliminary steps to authorize the majority to act without 
 the presence or concurrence of the third trustee have been taken 
 or not. 
 
 If a teacher s certificate is annulled, the trustees are at liberty 
 to dismiss him, and to rescind their contract with him. They 
 engage him as a qualified teacher, and the moment he ceases to be 
 so, there is a failure of the consideration for the contract. If, 
 however, the trustees continue him to the school after notice that 
 his certificate has been annulled, it will be regarded as such a con 
 tinuance of the contract that they will not be allowed at a subse 
 quent period to dispute it. Com. School Dec. 212. 
 
 2. MODE OF PAYING TEACHERS. 
 
 This is specifically provided for by 82, (No. 103,) above 
 referred to. By subdivision eight, the trustees are " to pay the 
 
wages of such teachers, when qualified, out of the moneys which 
 shall come into their hands from town superintendents of common 
 schools, so far as such moneys shall be sufficient for that purpose ; 
 and to collect the residue of such wages, excepting such sums as 
 may have been collected by the teachers, from all persons liable 
 therefor." 
 
 By subdivisions nine, ten, eleven, twelve, thirteen and fourteen, 
 they are, 
 
 " To divide the public moneys received by them, whenever 
 authorised by a vote of their district, into not exceeding two por 
 tions for each year, to assign and apply one of such portions to 
 each term during which a school shall be kept in such district, for 
 the payment of the teachers wages during such quarter or term ; 
 and to collect the residue of such wages, not paid by the propor 
 tion of public money allotted for that purpose, from the persons 
 liable therefor, as above provided. 
 
 " To exempt from the payment of wages of teachers, either 
 wholly or in part, such indigent persons within the district as they 
 shall think proper, in any one quarter or term, and the same shall 
 be a charge upon such district : 
 
 " To certify such exemptions, and deliver the certificate thereof 
 to the clerk of the district, to be kept on file in his office : 
 
 " To ascertain, by examination of the school lists kept by such 
 teachers, the number of days for which each person not so exempt 
 ed, shall be liable to pay for instruction, and the amount payable 
 by each person : 
 
 " To make out a rate-bill containing the name of each person 
 so liable, and the amount for which he is liable, and to annex 
 thereto a warrant for the collection thereof : and 
 
 " To deliver such rate-bill, with the warrant annexed, to the 
 collector of the district, as directed by subdivision 14, of 82, (No. 
 103,) and 83, (No. 104.) 
 
 By 84, of the same act, (No. 105,,) " where by reason of the 
 inability to collect any tax or rate-bill, there shall be a deficiency 
 in the amount raised, the inhabitants of the district, in district 
 meeting, shall direct the raising of a sufficient sum to supply such 
 deficiency, by tax, or the same shall be collected by rate-bill, as 
 the case may require." 
 
 In accordance with these several provisions, trustees of districts 
 in making out their rate bills, will hereafter proceed as follows : 
 
 1. They will first ascertain the amount due to the teacher, under 
 his contract, for the first quarter s services. 
 
 2. They will then apply so much of the public money as is ap 
 plicable to the term, in diminution of such amount. 
 
 3. They will assess the balance upon each inhabitant who has 
 sent to the school during the term, (including indigent persons) ac 
 cording to the number of children and of days sent by each, as 
 appears by the verified list kept by the teacher, under the 104th 
 section of the aforesaid act. (No. 127.) 
 
225 
 
 4. They will then proceed to exempt, either wholly or in part, 
 such indigent inhabitants as they may think proper for the pay 
 ment of their proportion of such assessment, and certify the whole 
 amount of such exemptions, and deliver the certificate thereof to 
 the clerk of the district, to be kept by him. 
 
 5. They will then make out a rate bill against those exempted 
 in part, for the balance remaining after such partial exemption, and 
 against those not exempted either wholly or in part, for the collec 
 tion of the amounts assessed against them respectively, and add 
 their warrant, in the usual manner. Such warrants need not be 
 under seal, and may be executed by the collector " in any other 
 district or town, in the same manner, and with the like authority, 
 as in the district for which he was chosen or appointed." (No. 
 126.) 
 
 6. The trustees will collect the amount of exemptions, as certified 
 by them, by a tax, which they are authorized to impose urxm 
 all the taxable inhabitants of the district. They may immediately 
 proceed to impose this tax ; or they may add the amount to any 
 tax thereafter imposed for district purposes, as may be most con 
 venient. 
 
 Trustees should exercise a liberal discretion in making exemp 
 tions in behalf of indigent inhabitants, so that the charge for tuition 
 shall in no case be burdensome : while on the other hand, they 
 should never allow the consideration of the trifling amount of the 
 general tax for such exemption when levied upon the whole taxa 
 ble property of the district, to tempt them into an unnecessary ex 
 ercise of the powers confided to them. 
 
 To illustrate this proceeding more fully, let us apply the several 
 steps necessary to be taken in ordinary cases. Suppose a teacher 
 employed for the usual term of four months at $20 per month. 
 The public money, including local funds, belonging to the district, 
 and applicable to the term, either by the decision of a district 
 meeting, as above specified, or by the determination of the trustee*, 
 is $40 : the amount due the teacher for his quarter s services is of 
 course $80, of which the trustees pay him $40 at once, from the 
 public money, and take his receipt therefor. They then call upon 
 him for his list, kept and verified according to the provisions of 
 104, (No. 127J and after haying ascertained from such list, the 
 number of days attendance for which each person sending to school 
 is liable, they will proceed to assess the respective proportions of 
 the remaining $40, from each, according to the whole number of 
 days and children sent. Thus if one inhabitant has sent four chil 
 dren for 104 days, he will be charged for 416 days, and so OH. 
 Suppose upon adding up the whole number of days thus ascer 
 tained, the total is found to be 4,000, for the average attendance 
 of 40 scholars for the whole term : the proportion of $40 due for 
 one scholar for each day, would be one cent : and this multiplied 
 by the number of days each scholar attended, would give his pro 
 portion : and by adding the proportions of each belonging to the 
 15 
 
226 
 
 same family, the amount due from each person sending to school is 
 ascertained. The trustees then make out an assessment in the 
 following form. 
 
 Form of Assessment. 
 
 Assessment containing the name of each person liable for 
 teachers wages in district No. in the town of Trenton, for 
 the term ending on the day of 185 , and the amount for 
 which each person is liable. 
 
 Names of inhabitants sending to school. 
 
 Whole No. 
 of days sent. 
 
 Amount of 
 school bill. 
 
 
 104 
 
 $1 04 
 
 
 416 
 
 4 16 
 
 Timothy Warner, 
 
 312 
 
 3 12 
 
 Peter Barney, 
 
 50 
 
 50 
 
 Solomon Kinney, 
 
 54 
 
 54 
 
 
 416 
 
 4 16 
 
 
 104 
 
 1 04 
 
 William Johnson, 
 
 104 
 
 1 04 
 
 
 520 
 
 5 20 
 
 John Radcliff, 
 
 520 
 
 5 20 
 
 James Tunicliff, 
 
 520 
 
 5 20 
 
 John Simons, 
 
 520 
 
 5 20 
 
 Joseph Williams, 
 
 360 
 
 3 60 
 
 
 
 
 
 3,120 
 
 $40 00 
 
 The assessment should be signed by the trustees and filed with 
 the district clerk. 
 
 The next step is to exempt such indigent persons as the trustees 
 may think proper, from the payment of the sums set opposite to 
 their names, either wholly or in part. Suppose Peter Barney to 
 be exempted wholly, and Thomas Jones and John Radcliff each 
 from the payment of one-half the amounts assessed to them ; the 
 trustees will first make out a certificate, to be filed with the clerk 
 of the district in the following for.m : 
 
 3. CERTIFICATE OF EXEMPTION. 
 
 We, the undersigned, trustees of District No. in the town 
 of Trenton, do certify, that we have this day exempted Peter 
 Barney from the payment of any share of the wages of the teacher 
 employed in said district for the term ending on the day of 
 
 Jk$g* 18 and Thomas Jones and John Radcliff each 
 from the payment of one half the amount assessed to them respec 
 tively, as their share of such wages. 
 
 Dated this day of ) A. B. 
 
 18 C. D. y Trustees. 
 
 E. F. 
 
 
 11 
 
 I 
 
227 
 
 They will then proceed to make out their rate bill and warrant 
 in the following manner : 
 
 Form of Rate Sill and Warrant. 
 
 Rate bill, containing the name of each person liable for teachv 
 ers wages, in District No. in the town of Trenton, for the 
 term ending on the . day of 185 and the amount 
 
 for which each person not exempted, either wholly or in part, 
 from the payment of such amount, is so liable, with the fees of the 
 collector thereon. 
 
 
 
 
 1 
 
 
 
 ft 
 
 
 
 Names of inhabitants sending 
 
 l! 
 
 2 
 
 O =3 
 
 
 to school. 
 
 C tn 
 
 ^ X) 
 
 
 
 CO 
 
 a 
 
 
 
 " "^ 
 
 
 
 *Udi >! .)^iyiJ- .-:; i 
 
 
 to 
 
 S 
 
 
 
 104 
 
 $1 04 
 
 
 
 416 
 
 4 16 
 
 
 Timothy Warner, 
 
 312 
 
 3 12 
 
 
 Solomon Kinney, 
 
 54 
 
 54 
 
 
 William Jones, 
 
 416 
 
 4 16 
 
 Paid to teacher. 
 
 
 104 
 
 1 04 
 
 
 William Johnson, 
 
 104 
 
 1 04 
 
 $3 paid to teacher. 
 
 Thomas Jones, 
 
 520 
 
 2 60 
 
 
 John RadcliflT, 
 
 520 
 
 2 60 
 
 I ; : ! i ", t 
 
 James Tunicliff 
 
 520 
 
 5 20 
 
 ,-,,,. - 
 
 
 520 
 
 5 2i) 
 
 ! 
 
 
 360 
 
 3 60 
 
 
 
 
 
 
 > " I ! 5 * * 
 
 
 
 
 . 
 
 3,070 
 
 36 90 
 
 
 To the Collector of School District No. in the town of 
 Trenton, in the county of Oneida. 
 
 You are hereby commanded to collect from each of the persons 
 in the annexed rate bill named, the several sums mentioned in the 
 last column thereof, with five per cent for your fees, except on 
 amounts paid in within two weeks after the receipt of this warrant 
 at one per cent., and within thirty days after receiving this war 
 rant to pay the amount so collected by you, into the hands of the 
 trustees of said district, or one of them ; and in case any person 
 therein named shall neglect or refuse to pay the amount set opposite 
 his name as aforesaid, you are to levy the same by distress and sale 
 of the goods and chattels of such person, except such as are exempt 
 by section twenty-two, article two, title five, chapter six, part three 
 of the revised statutes from levy and sale under execution. 
 
228 
 
 Given under our hands, this day of in the year 
 
 of Lord one thousand eight hundred and 
 
 A. B.) 
 C. D. [ 
 E. F.) 
 
 Trustees. 
 
 There will still remain $3 10 of the amount due the teacher 
 lor his wages, being the amount of exemptions by the trustees ; 
 and this sum must be levied by tax on all the taxable inhabitants 
 of the district and corporations holding property therein, in the 
 same manner as though such amount had been actually voted by 
 the district to be raised. If the teacher can wait upon the district, 
 or the trustees choose to advance the money in its behalf, the 
 amount may be added to the next tax that may be voted for dis 
 trict purposes. It should, however, be assessed within a reason 
 able time ; and wherever the amount of exemptions is sufficient 
 to warrant an immediate assessment, it should at once be levied. 
 The trustees must exercise a sound discretion in this respect, 
 with reference to the amount to be raised, and the probability of 
 an early opportunity to add it to some district tax. 
 
 The following property when owned by any person being a 
 house-holder is exempt from the operation of the collector s warrant, 
 on a rate-bill, viz : 
 
 " 1. All spinning wheels, weaving looms and stoves put up, or 
 kept for use in any dwelling house : 
 
 " 2. The family bible, family pictures and school books used by 
 or in the family of such person ; and books not exceeding in value 
 fifty dollars, which are kept and used as part of the family library : 
 
 u 3. A seat or pew occupied by such person or his family, in aay 
 house or place of public worship : 
 
 " 4. All sheep to the number of ten, with their fleeces and the 
 yarn or cloth manufactured from the same ; one cow, two swine, 
 the necessary food for them ; all necessary pork, beef, fish, flour, 
 and vegetables actually provided for family use ; and necessary 
 fuel for the use of the family for sixty days : 
 
 " 5. All necessary wearing apparel, beds, bedsteads arid bedding 
 for such person and his family ; arms and accoutrements required 
 by law to be kept by such person ; necessary cooking utensils ; one 
 table ; six chairs ; six knives and forks ; six plates ; six teacups 
 and saucers : one sugar dish ; one milk-pot ; one tea-pot and six 
 spoons ; one crane and its appendages ; one pair of and-irons and 
 a shovel and tongs : 
 
 " 6. The tools and implements of any mechanic, necessary to th 
 carrying on of his trade, not exceeding twenty-five dollars in value." 
 
 Sec. 22. Chapter 6. Art. 2. Title 5. Part 3. Rev. Stat. 
 
 Where a person agrees to pay for a certain number of scholars, 
 he is entitled to the benefit of the public money in reduction of 
 their school bills. Com. School Dec. 83. 
 
 In making out rate-bills, inhabitants of districts can only be 
 charged for so much time, as their children have actually attended 
 school Id. 15. 
 
All children attending the district school must be charged at the 
 same rate for tuition, without regard to the studies pursued. Id. 47, 
 
 A resident of a school district cannot be prosecuted by the 
 trustees for the amount due on his rate-bill. The only remedy 
 against himjis by distress and sale of his goods and chattels. Id. 
 24. 
 
 In the exercise of the power conferred upon the trustees, of ex 
 empting indigent inhabitants of their district from the payment of 
 tke whole or of portions of their rate-bills, the utmost liberality, 
 compatible with justice to the district, should be indulged. Noth 
 ing can be more at variance with the benign spirit and intent of 
 the school laws, than the compulsory distress and sale of articles of 
 absolute necessity to an indigent family, for the purpose of satisfy 
 ing the rate-bill for teachers wages. And yet cases of this kind 
 are frequently brought to the notice of the department. Every 
 reasonable facility should be afforded to the children of the poor, 
 for the attainment of all the blessings and advantages of element 
 ary instruction : and this should never be permitted to become in 
 any degree burdensome to their parents. Where any inhabitant 
 of the district in indigent circumstances cannot meet the rate-bill 
 for the payment of the teachers wages, without subjecting himself 
 to serious embarrassment, or his family to sensible deprivation, he 
 should promptly and cheerfully be exonerated. A just feeling of 
 pride may reasonably be expected to preclude any from availing 
 themselves of this exemption, unless under the pressure of absolute 
 necessity ; and occasional abuses of the privilege so accorded, are 
 productive of less disastrous results, than a prevailing impression 
 among the indigent inhabitants of a district, that their children can 
 partake of the advantages of common school education, only at a 
 burdensome charge to themselves, and by a sacrifice of the ordinary 
 necessities and comforts of their families. 
 
 Indigent persons may be exempted from the payment of school 
 bills, whether there is public money to be applied to the term or 
 act. Com. School Dec. 56. 
 
 The exemption of indigent persons from the payment of the 
 wages of teachers is a matter of discretion with the trustees, not 
 regulated by any specific restrictions, but entrusted to them to be 
 disposed of in good conscience, with a just regard to the rights of 
 all concerned. Id. 241. 
 
 Trustees are the sole judges of the ability of the persons residing 
 within their respective districts to pay their school bills. Com. 
 School Dec. 254. 
 
 The wages of an unqualified teacher must be collected by rate- 
 bill against those sending to school, in the same manner as though 
 he held a certificate, provided he was duly employed by the trustees. 
 Id. 61, 76, 213. 
 
 The wages of two teachers, employed for different terms, or dif 
 ferent portions of the same term, at different rates of compensation, 
 cannot be included in one rate-bill. Id. 168, &c. 
 
230 
 
 Trustees cannot transfer to teachers the right of enforcing the 
 collection of their wages. If the teacher agrees to collect his own 
 wages, it is right that he should do so, to the extent of his ability ; 
 but in case of failure, the trustees alone can issue a rate-bill and 
 warrant ; and they should do so notwithstanding any agreement to 
 the contrary with the teacher. Id. 288 ; Per Dix, Sup t. 
 
 Trustees cannot include in a rate-bill any other object than the 
 wages of the teacher under the contract made by them. 
 
 Where a person had from charitable motives, taken a poor 
 family to reside with him, in his house, the children of which at 
 tended the district school, it was held that he was not liable for the 
 tuition of such indigent children, unless they were sent to school 
 by him under an express or implied contract to be responsible for 
 such tuition ; and that if sent by their parents, or if they attended 
 school of their own accord, the trustees should exempt the parents 
 from payment of the tuition bill. Per SPENCER, Supt. 1840. 
 
 A grandfather is not prima facie liable for the board or school 
 ing of a grandchild. He may, however, become liable, in the same 
 manner and to the same extent as any individual who has a youth 
 residing with him whom he supports and suffers to go to school, 
 without giving any particular directions on the subject. An im 
 plication would arise that it was by his assent. But the father or 
 mother is prima facie liable : and some positive acts on the part of 
 the grandfather must be shown, amounting to an assumption of 
 liability on his part before he can be held responsible for the pay 
 ment of tuition under such circumstances. Id. 1841. 
 
 SCHOOLS FOR COLORED CHILDREN. 
 
 By 147 of the act of 1847, (No. 179,) a school for colored 
 children may be established in any district, with the approbation 
 of the commissioners, which is to be under the charge of the 
 trustees of the district in which such school is established. Trus 
 tees in their annual reports are also required particularly to speci 
 fy the number of such children over four and under twenty-one 
 years of age attending such school from different districts, nam 
 ing such districts respectively, and the number from each attend 
 ing for four months, and instructed by a duly qualified teacher, 
 which report is to form the basis of an apportionment to such 
 school, of a share of the public money. 
 
 The provisions contained in this section are more particularly 
 applicable to those cities and large villages where no special legal 
 provisions have been made for the instruction of colored children. 
 The means provided, are it is true, altogether insufficient to meet 
 the expense which must necessarily be incurred in the organiza 
 tion of these schools ; and inasmuch as the class of community 
 for whose special benefit they are intended are generally unable 
 to contribute to such expense, in any considerable degree, the 
 
231 
 
 object in view can seldom be fully attained, but through the 
 efforts of charitable and benevolent individuals in the several 
 districts, from which the colored schools are composed. These 
 efforts have hitherto been paralyzed from the absence of any 
 legal power to effect the necessary organization ; and the pro 
 vision now made was, doubtless, intended to supply that defect, 
 and to furnish a nucleus around which the benevolent exertions 
 of the friends of education and humanity might be concentrated. 
 If, however, in any of the country districts, a colored school can 
 be organized and efficiently kept up for the requisite length of 
 time, it is hoped no efforts will be spared to carry into effect the 
 provisions of the section. Colored children are entitled equally with 
 all others, to the privileges and advantages of the district school ; 
 and wherever they can be grouped together in a separate school, 
 under the charge of a competent teacher, they will be far more 
 likely to derive the full benefits of such instruction as may be 
 best adapted to their circumstances and condition, while at the 
 same time, the disadvantages inseparable from their attendance 
 at the district school, will be avoided. 
 
 Trustees have power, with the assent of the Town Superin 
 tendent, and by a vote of the inhabitants of their district, to pur 
 chase, hire or build a school-house or room for the accommodation 
 of the colored children of their own and other adjoining districts; to 
 supply the same with the necessary furniture, fuel and appen 
 dages ; and to employ a competent teacher. 
 
 By 104, of the act of 1847, (No. 127,) the trustees of each 
 district are to provide a book, in which the teachers are to enter 
 the names of the scholars attending school, and the number of 
 days they shall have respectively attended, and also the number 
 of times the school has been inspected by the Town Superintend 
 ents. This list is to be verified by the oath of the teacher. 
 
 None but children residing in a school district can of right be 
 benefitted by the public money. Indeed, the trustees can ex 
 clude all children, except those who are residents of the district, 
 from the school. But if such non-resident children are permitted 
 by the trustees to attend the school, their parents should be ap 
 prised of the conditions on which they are received ; and one of 
 these conditions may be, that part of the public money shall 
 be applied for their benefit. Where no such conditions how 
 ever are exacted by the trustees, and such non-resident children 
 are admitted on the application and responsibility of an inhabi 
 tant of the district, the trustees must make out the rate bill against 
 such inhabitant in the usual manner. 
 
 Children of non-resident parents coming into a district and 
 boarding for the purpose of attending school therein, are not en 
 titled to any share of the public money in reduction of their rate 
 bills ; and their tuition, in such case, may be charged, in the first 
 instance, to the person with whom they board ; whose liability 
 therefor can be discharged only by express notice to the trustees, 
 
282 
 
 that he declines being accountable for such tuition. Where, 
 however, such children are hired to labor or service in the family 
 of an inhabitant of the district, or are regarded and treated as 
 part of the family of such inhabitant and not as mere temporary 
 hoarders, they are entitled to participate equally with the other 
 children of the district, in the public money. Per YOUNG, Sup t. 
 1842. 
 
 Trustees cannot refuse admittance in the school to any child 
 whose residence is in the district, if such child complies with the 
 reasonable and proper regulations of the school. Com. School 
 Dec. 47. 
 
 No child residing in a school district can be excluded from 
 the school on account of the inability of the parents to pay his 
 tuition. Id. 119. 
 
 If a non-resident owner of taxable property in the district 
 sends his children to the school in such district they should be 
 permitted to attend, unless by their admission the school would 
 become too crowded. Id. 317. 
 
 All children residing in a district and attending the school, 
 are entitled to participate in the public money, without refer 
 ence to their ages. Id. 34. 
 
 As a general rule, all under the age of twenty-one years, and of 
 a proper age to be benefitted by instruction, are entitled to admis 
 sion. There must, however, be some discretion vested in the 
 trustees, in regard to such admission. Children having infectious 
 diseases idiots infants and persons over twenty-one, may un 
 doubtedly be excluded ; and colored children, where their attend 
 ance is obnoxious to the greater portion of the patrons of the school, 
 especially in cases where schools have been established for their 
 separate benefit, within a reasonable distance from their residence. 
 Per SPENCER, Sup t. 1841. 
 
 It is the duty of the trustees to co-operate with the teacher in 
 the government of the school, and to aid him, to the extent of their 
 power and influence, in the enforcement of reasonable and proper 
 rules and regulations ; but they have no right to dismiss a scholar, 
 except for the strongest reasons ; for example, such a degree of 
 moral depravity as to render an association with other scholars 
 dangerous to the latter, or such violent insubordination as to ren 
 der the maintenance of discipline and order impracticable, in 
 which case they may legally exclude him from the school, until 
 such period as he may consent to submit to the reasonable rules 
 and regulations of the teacher and trustees ; and if after such ex 
 clusion he persists in attending, without permission from the 
 Trustees, and contrary to their directions, he may be proceeded 
 against as a trespasser. Per Dix and MORGAN, Sup ts 1837 and 
 1850. 
 
233 
 
 VI. DUTIES OF TRUSTEES IN REFERENCE TO THE 
 DISTRICT LIBRARY. 
 
 The trustees of each school district are constituted by law the 
 trustees of the library. They are responsible for its preservation 
 and care ; and the librarian is subject to their direction, and 
 may at any time be removed by them from office for wilful dis 
 obedience of such directions, or for any wilful neglect of duty, or 
 even when they have reason to apprehend the loss of any books, 
 or their injury or destruction by his misconduct. In case of such 
 removal, or of a vacancy occurring from any cause, they are to 
 supply such vacancy by appointment, until the next annual meet 
 ing of the district. They are personally liable to their successors 
 for any neglect or omission in relation to the care and superinten 
 dence of the library, by which any books therein are lost or injur 
 ed, to the full amount of such loss or injury, and their action in re 
 ference to its management, may be at any time controled by the 
 department, on appeal. 
 
 By the 4th section of chap. 237, of the Laws of 1838, the sum 
 of $55,000 from the annual revenue of the U. S. Deposit Fund, 
 was required to be annually distributed " to the support of com 
 mon schools, in like manner and upon the like conditions as the 
 school moneys now are or shall hereafter be distributed, except that 
 the trustees of the several districts shall appropriate the sum re 
 ceived to the purchase of a district library for the term of three 
 years, (afterwards by 6 of chap. 177, Laws of 1839, extended 
 to five years,) and by the act of 1843, indefinitely, with the mod 
 ifications therein expressed. 
 
 Trustees are, by this provision authorized to make the selection 
 of the books for the library, as the application of the money is to 
 be made by them. 
 
 The object of the law for procuring district libraries is to diffuse 
 information, not only, or even chiefly, among children or minors, 
 but among adults and those who have finished common school 
 education. The books, therefore, should be such as will be useful 
 for circulation among the inhabitants generally. They should not 
 be children s books, or of a juvenile character merely, or light and 
 frivolous tales and romances, but works conveying solid informa 
 tion which will excite a thirst for knowledge, and also gratify it, as 
 far as such a library can. Works imbued with party politics, and 
 t&ose of a sectarian character, or hostility to the Christian religion, 
 should on no account be admitted; and if any are accidentally 
 received they should be immediately removed. Still less can any 
 district be permitted to purchase school books, such as spelling 
 books, grammars, or any others of the description used as text book 
 ia schools. Such an application of the public money would be an 
 utter violation of the law. If any case of improper selection of 
 books should come before the Superintendent, by appeal from any 
 inhabitant, such selection would be set aside ; and if it appeared 
 
234 
 
 from the reports, which according to these regulations must be 
 made that such books had been purchased, the Town Superinten 
 dent will be bound to withhold the next year s library money from 
 such district. These penalties and provisions will be rigidly en 
 forced ; for upon a faithful administration of the law the usefulness 
 and the continuance of the system will depend. If the publU 
 munificence be abused it will unquestionably cease. 
 
 The selection of books for the district library, is devolved by 
 law exclusively upon the trustees ; and when the importance of 
 this most beneficent and enlightened provision for the intellectual 
 and moral improvement of the inhabitants of the several districts, 
 of both sexes and all conditions, is duly estimated, the trust here 
 confided is one of no ordinary responsibility. In reference to suck 
 selections, but two prominent sources of embarrassment have been 
 experienced. The one has arisen from the necessity of excluding 
 from the libraries all works having directly or remotely, a sectarian 
 tendency, and the other, from that of recommending the exclusion 
 of novel?, romances and other fictitious creations of the imagina 
 tion, including a large proportion of the lighter literature of the 
 day. The propriety of a peremptory and uncompromising exclu 
 sion of those catch-penny, but revolting publications which culti 
 vate the taste for the marvellous, the tragic, the horrible, and the 
 supernatural the lives and exploits of pirates, banditti and despe 
 radoes of every description is too obvious to every reflecting mind, 
 to require the slightest argument. Unless parents desire that their 
 children should pursue the shortest and surest road to ignominy, 
 shame and destruction should become the ready and apt imita 
 tors on a circumscribed scale, of the pernicious models which they 
 are permitted and encouraged to study they will frown indignant 
 ly on every attempt to place before their immature minds, works, 
 whose invariable and only tendency is disastrous, both to the in 
 tellect and the heart. 
 
 The exclusion of works imbued to any perceptible extent with 
 sectarianism, rests upon the great conservative principles which are 
 at the foundation of our free institutions. Its propriety is readily 
 conceded when applied to publications, setting forth, defending, or 
 illustrating the peculiar tenets which distinguish any one of the 
 numerous religious denominations of the day from the others. On 
 this ground no controversy exists as to the line of duty. But it 
 has been strongly argued that those " standard " theological publi 
 cations which, avoiding all controverted ground, contain general 
 expositions of Christianity which assume only those doctrines and 
 principles upon which all "evangelical" denominations of Chris 
 tians are agreed, are not obnoxious to any reasonable censure, and 
 ought not, upon any just principles, to be excluded from the 
 school district library. There are two answers to this argument, 
 either of which is conclusive. The one is, that the works in ques 
 tion, however exalted may be their merit, and however free from 
 just censure, on the ground of sectarianism, are strictly theological, 
 
235 
 
 doctrinal or metaphysical ; and therefore no more entitled to a 
 place in the district library than works devoted to the professional 
 elucidation of law, medicine, or any other learned professions. 
 Their appropriate place is in the family, church or Sunday school 
 library. The other answer is, that in every portion of our country 
 are to be found conscientious dissenters from the most approved 
 theological tenets of these commentators on Christianity ; indivi 
 duals who claim the right, either of rejecting Christianity alto 
 gether, (as the Jews,) or of so interpreting its fundamental doc 
 trines, as to place them beyond the utmost verge of " evangelical" 
 liberality ; and this too, without, in any degree, subjecting them 
 selves to any well-founded imputations upon their moral charac 
 ter as citizens and as men. The state, in the dispensation of its 
 bounty, has no right to trample upon the honest convictions and 
 settled belief of this or of any other class of its citizens against 
 vhose demeanor, in the various relations of society, no accusation 
 can be brought ; nor can it rightfully sanction the application of 
 any portion of those funds to which they, in common with others, 
 have contributed, to the enforcement of theological tenets to which 
 they cannot conscientiously subscribe. Any work, therefore, which, 
 departing from the inculcation of those great, enduring and cardi 
 nal elements of religion and morality which are impressed upon 
 humanity as a part of its birth-right acknowledged by all upon 
 whom its stamp is affixed, however departed from in practice, and 
 incorporated into the very essence of Christianity as its pre-eminent 
 and distinctive principle shall descend to a controversy respecting 
 the subordinate or collateral details of theology, however ably 
 sustained and numerously sanctioned, has no legitimate claim to a 
 place in the school district library , nor can its admission be coun 
 tenanced consistently with sound policy or enlightened reason. 
 
 The following general principles have been laid down in a 
 special report on common school libraries, prepared under the 
 direction of the department by HENRY S. RANDALL, Esq., Coun 
 ty Superintendent of common schools of Cortland county, arid may 
 be regarded as the settled principles of the department in refer 
 ence to this class of books : 
 
 " 1. No works written professedly to uphold or attack any sect 
 or creed in our country, claiming to be a religious one, shall be 
 tolerated in the school libraries. 
 
 " 2. Standard works on other topics shall not be excluded, be 
 cause they incidentally and indirectly betray the religious opinions 
 of their authors. 
 
 " 3. Works avowedly on other topics which abound in direct and 
 unreserved attacks on, or defences of, the character of any religious 
 sect ; or those which hold up any religious body to contempt or 
 execration, by singling out or bringing together only the darker 
 parts of its history or character, shall be excluded from the school 
 libraries. 
 
236 
 
 " Is it said that under the above rules, heresy and error are 
 put on the same footing with true religion that Protestant and 
 Catholic, orthodox and unorthodox, Universalist, Unitarian, Jew, 
 and even Mormon, derive the same immunity ? The fact is cos- 
 ceded ; and it is averred that each is equally entitled to it, in a 
 government whose very Constitution avows the principle of a full 
 and indiscriminate religious toleration. 
 
 " He who thinks it hard that he shall not be allowed to combat, 
 through the medium of the school libraries, beliefs, the sin and 
 error of which are as clear to him as is the light in Heaven, will 
 bear in mind that the library at least leaves him and his religious 
 beliefs, in as good a condition as it found him. If it will not pro 
 pagate his tenets, it will leave them unattacked. If he is not allow 
 ed to use other men s money to purchase books to assault their re 
 ligious faiths, he is not estopped from expending his own as 
 sees fit, in his private, or in his Sunday-school library nor is he 
 debarred from placing these books in the hands of all who are 
 willing to receive them. His power of morally persuading his 
 fellow men is left unimpaired ; nor will he, if he has any confi 
 dence in the recuperative energies of truth if he believes his 
 God will ultimately give victory to truth ask more. In asking, 
 or condescending to accept the support of an earthly "government, 
 he admits the weakness of his cause, the feebleness of his faith. 
 He leans on another arm than that which every page in the Bible 
 declares all-sufficient. In what age of the world has any church 
 entered into meretricious connexion with temporal governments, 
 and escaped unsullied from the contact ? Any approximation to 
 such connexion, even in the minutest particular any exclusive 
 right or immunity given to one religious sect or another in the 
 school library or elsewhere, is not only anti-religious, but anti-re 
 publican. As men we have the right to adopt religious creeds, 
 and to attempt to influence others to adopt them ; but as Ameri 
 cans, as legislators or officials dispensing privileges or immunities 
 among American citizens, we have no right to know one religion 
 from another. The persecuted and wandering Israelite comes 
 here, and he finds no bar in our naturalization laws. The mem 
 bers of the Roman, Greek, or English church equally become 
 citizens. Those adopting every hue of religious faith every 
 phase of heresy, take their place equally under the banner of the 
 Republic and no ecclesiastical power can snatch even the least 
 of these from under its glorious folds, Not an hour of confine 
 ment, not the amercement of a farthing, not the deprivation of a 
 right or liberty weighing in the estimation of a hair can any such 
 power impose on any American citizen, without his own full an 
 entire acquiescence." 
 
 With reference to the admission of novels, romances, and other 
 works of the imagination, usually comprehended under the term 
 " light reading, " the proper course to be adopted cannot be better 
 illustrated than by the following extracts from a report of the ma- 
 
337 
 
 jority of a committee appointed by the Board of Commissioners of 
 common schools of the city of Utica, understood to be from the 
 pen of WILLIAM J. BACON, Esq., to examine the books in the 
 school district library of the city, and to report, among other things, 
 as to the character and tendency of any objectionable works they 
 might discover therein. 
 
 " The importance of applying the funds provided by the state, 
 with rigid regard to their appropriate object, is so weighty and 
 the temptations to misapply them, in consequence of a present 
 prevailing fondness for light and equivocal literature, are so strong, 
 that your committee deem it proper to enter somewhat into an ex 
 amination of the principles which should govern those to whom is 
 entrusted the responsible duty of making selections for school 
 district libraries. 
 
 " A library for instruction is a very different thing from a 
 library for amusement. The circulating library of a place of pub 
 lic resort for invalids or persons in pursuit of ease and pleasure, 
 is essentially of a trifling character : the library of a college, or 
 eminent public institute, is composed of graver and more elevated 
 productions. While the book shelves of a light young man are filled 
 with frivolous and amusing works, those of a student display the 
 treasures of standard literature. School district libraries should 
 Mot fall below the dignity of usefulness ; in proportion as they do, 
 they fail of fulfilling the true design of their institution. 
 
 " A consideration of the object of instituting these libraries will 
 enable us to judge pretty correctly of the general character of 
 books which should compose them ; it is obviously, the informa 
 tion and improvement of the body of the people who can read, 
 without reference to parties, sects, classes, callings, or professions. 
 The primary object of their institution, says the Superintendent 
 who recommended it, was to disseminate works suited to the in 
 tellectual improvement of the great body of the people, rather than 
 to throw into school districts for the use of young persons, works 
 of a merely juvenile character. It was, in the language of a suc 
 ceeding Superintendent, to diffuse information not only, or even 
 chiefly, among children or minors but among adults and 
 those who have finished their common school education. It 
 was, in short, to provide a supplemental source of instruction to 
 those on whom the common school has exhausted its more limited 
 means. 
 
 " Improvement and information, then, form the main object of 
 these libraries. It is only thus that they become the proper sub 
 jects of public munificence. Entertainment, simply as entertain- 
 ment,is not to be regarded in making selections for the school district 
 library. It is no part of our public policy to provide amusements 
 for the people. In this particular we have improved not only on 
 antiquity, but on many modern governments, by substituting, in 
 the place of vain and wasteful public shows and frivolities, those 
 more substantial and elevating subjects of public bounty, which 
 
238 
 
 consist in permanent and wise institutions, designed to fit our citi 
 zens for the proper discharge of their duties as members of a great 
 community, whose duration and prosperity depend upon the know 
 ledge and virtue of the people. 
 
 " We first teach the children of the republic to read, and to ap 
 preciate instruction. We lead them to thirst for information, and 
 then seek to open the fountains which may satisfy that thirst. 
 The common school is the first step in their advancement the 
 school district library is partially designed to be the second. It 
 supplies information of a more varied and extensive sort and if that 
 information comes clothed in allurements of a virtuous, or entertain 
 ment of an innocent character, it is the more welcome on that 
 account. These are mere incidents, however when they appear 
 alone, they want that substantial recommendation which is neces 
 sary to secure their introduction into the school district library. 
 Books designed for amusement simply to while away a vacant 
 hour, and be forgotten like ephemera are evidently no worthy 
 occupants of the shelves of such a library. There is enough which 
 is instructive and substantial to exhaust the public liberality, with 
 out squandering the well-meant beneficence of the state in tran 
 sient and trivial publications, which amuse to-day and to-morrowr 
 are rubbish. l The books, therefore, says one of the Superintend 
 ents before quoted, should be such as will be useful among the 
 inhabitants generally. They should not be children s books, or 
 of a juvenile character, or light and frivolous tales and romances; 
 but works conveying solid information, which will excite a thirst 
 for knowledge, and also gratify it, as far as such a library can/ w 
 
 The following remarks from the annual report of the Superin 
 tendent of common schools, for the year 1844, will exhibit more 
 fully the view taken of this branch of the subject by the depart 
 ment: :>j $; 
 
 " There is reason to apprehend that the officers charged with 
 the duty of selecting books for these libraries have too generally 
 failed to appreciate the importance of a suitable provision for the 
 intellectual and moral wants of the children of the district. Much 
 misapprehension has existed on this subject, in consequence of 
 the general prohibition, contained in the instructions heretofore 
 communicated from this department, against the introduction into 
 the school libraries of books of a merely juvenile character. The 
 true principles upon which the selections for these institutions 
 should be -made, may be clearly inferred, as well from the original 
 design of the appropriation, as from the contemporaneous exposi 
 tion of the Superintendent, under whose immediate auspices it 
 was first carried into effect. The distribution of the fund pro 
 vided for this purpose, was directed by the act under which it was 
 supplied, to be made in like manner and upon the like condition 
 as the school moneys are now or shall hereafter be distributed, 
 except that the trustees of the several districts shall appropriate 
 the sum received to the purchase of a district library. The amount 
 
239 
 
 of library money, therefore, under this provision, to which each 
 district became entitled, was in proportion to the number of child 
 ren between the ages of five and sixteen, residing therein, com 
 pared with the aggregate number in all the districts, and not in 
 proportion to the adult population merely, or the whole population 
 combined. The primary object of the institution of district libra 
 ries, was declared in the circular of Gen. Dix accompanying the 
 publication of the act of 1838, to be to disseminate works suited 
 to the intellectual improvement of the great body of the people, 
 rather than to throw into scho ol districts for the use of the young, 
 books of a merely juvenile character ; and that by collecting a large 
 amount of useful information, where it will be easily accessible, 
 the influence of these establishments can hardly fail to be in the 
 highest degree salutary to those who have finished their common 
 school education, as well as to those who have not. The object 
 in view will probably be best answered by having books suitable 
 for all ages above ten or twelve years, though the proportion for 
 those of mature age ought to be by far the greatest. When it is 
 considered that the foundations of education are laid during the 
 period of youth, and that the taste for reading and study is, with 
 rare exceptions, formed and matured at this period, if at all, the 
 importance of furnishing an adequate supply of books, adapted to 
 the comprehension of the immature but expanding intellect suit 
 ed to its various stages of mental growth, and calculated to lead it 
 onward by a gradual transition, from one field of intellectual and 
 moral culture to another, cannot fail to be appreciated. And even 
 if the intellectual wants of many of the inhabitants of the districts, 
 of more mature age, are duly considered, it admits of little doubt 
 that a due proportion of works of a more familiar and elementary 
 character than are the mass of those generally selected, would 
 have a tendency not only to promote, but often to create that taste 
 for mental pursuits which leads by a rapid and sure progression 
 to a more extended acquaintance with the broad domains of know 
 ledge. Those whose circumstances and pursuits in life, have hith 
 erto precluded any systematic investigation of literary subjects, 
 and who, if they possessed the desire, were debarred the means of 
 intellectual improvement now brought within their reach, can 
 scarcely be expected to pass at once to that high appreciation of 
 useful knowledge, which the perusal of elaborate treatise on any 
 of the numerous branches of science or metaphysics requires; and 
 the fact brought to view by the annual reports of the County Su- 
 * perintendents, that by far the greater proportion of the inhabitants 
 of the several districts neglect to avail themselves of the privileges 
 of the library, indicates too general a failure, to supply these in 
 stitutions with the requisite proportion of elementary books. 
 
 " In the selection of books for the district libraries, suitable 
 provision should be made for every gradation of intellectual ad 
 vancement ; from that of a child, whose insatiable curiosity eager 
 ly prompts to a more intimate acquaintance with the world of mat- 
 
240 
 
 ter and of mind, to that of the most finished scholar, who is pre 
 pared to augment his stock of knowledge by every means which 
 may be brought within his reach. The prevalence of an enlight 
 ened appreciation of the requirements of our people in this respect, 
 has already secured the application of the highest grade of mental 
 and moral excellence to the elementary departments of literature : 
 and works adapted to the comprehension of the most immature 
 intellect, and at the same time conveying the most valuable in 
 formation to more advanced minds, have been provided wholly 
 free, on the one hand, from that puerility which is fit only for the 
 nursery, and on the other, from those generalizations and assump 
 tions which are adapted only to advanced stages of mental progress. 
 A more liberal infusion of this class of publications, sanctioned 
 by the approbation of the most experienced friends of education 
 into our district libraries, would, it is confidently believed, remove 
 many of those obstacles to their general utility, which otherwise 
 are liable to be perpetuated from generation to generation." 
 
 It is the duty of the trustees to provide a plain and sufficient 
 case for the library, with a good lock, if the district shall have 
 neglected to do so. They are also to cause the books and case to 
 be repaired as soon as may be, when injured ; and to provide suf 
 ficient wrapping paper to cover their books, and the necessary 
 writing paper to enable the librarian to keep minutes of the de 
 livery and return of books. These are proper expenses for the 
 preservation and repair of the books, and are to be defrayed by a 
 tax on the district, which is to be added by the trustees to any tax 
 voted by a district meeting. It is not necessary that the tax to 
 defray these expenses should be voted by the inhabitants of th 
 district ; it is to be assessed and collected in the same manner as 
 a tax for building or repairing a school-house, or to furnish it witk 
 necessary fuel and appendages. 
 
 The trustees of each school district are required, at the time of 
 making their annual reports, to deliver to the Town Superintea- 
 dent of common schools of their town, a catalogue containing the 
 titles of all the books in the district library, not previously report 
 ed, with the number of volumes of each set or series, and the con 
 dition of such books, whether sound, or injured, or defaced. This 
 catalogue must be signed by them and by the librarian. 
 
 Trustees are authorized by the regulations of the Superintendent 
 in pursuance of law, to impose the following fines : 
 
 1st. For each day s detention of a book beyond the time allowed 
 by the regulation, six cents, but not to be imposed for more than 
 ten days detention. 
 
 2d. For the destruction or loss of a book, a fine equal to the 
 full value of the book, or of the set, if it be one of a series, with 
 the addition to such value of ten cents for each volume. And OH 
 the payment of such fine, the party fined shall be entitled to the re 
 sidue of the series. If he has also been fined for detaining such 
 book, then the said ten cents shall not be added to the value. 
 
241 
 
 3d. For any injury which a book may sustain after it shall be 
 taken out by a borrower, and before its return, a fine may be im 
 posed of six cents for every spot of grease or oil upon the cover or 
 upon any leaf of the volume; for writing in or defacing any book 
 not less than ten cents, nor more than the value of the book ; for 
 cutting or tearing the cover, or the binding, or any leaf, not less 
 than ten cents, nor more than the value of the book. 
 
 4th. If a leaf be torn out, or so defaced or mutilated that it 
 cannot be read, or if any thing be written in the volume, or any 
 other injury done to it, which renders it unfit for general circula 
 tion, the trustees will consider it a destruction of the book, and 
 will impose a fine accordingly, as above provided in case of loss 
 of a book. 
 
 5th. When a book shall have been detained seven days beyond 
 the twenty days allowed by the regulations, the librarian is to 
 give notice to the borrower to return the same within three days, 
 If not returned at that time, the trustees may consider the book 
 lost or destroyed, and may impose a fine for its destruction in ad 
 dition to the fines for its detention. 
 
 Previous to the imposition of any fine, two days written or 
 verbal notice is to be given by any trustee, or the librarian, or any 
 other person authorized by either of them, to the person charged, 
 to show cause why he should not be fined for the alleged offence 
 or neglect ; and if within that time good cause be not shown, the 
 trustees must impose the fine herein prescribed. No other excuse 
 for an extraordinary injury to a book, that is, for such an injury 
 as would not be occasioned by its ordinary use should be received, 
 except the fact that the book was as much injured when it was 
 taken out by the person charged, as it was when he returned it. 
 As such loss must fall on some one, it is more just that it should 
 be borne by the party whose duty it was to take care of the 
 volume, than by the district. Negligence can be prevented, and 
 disputes avoided, only by the adoption of this rule. Subject to 
 these general principles the imposition of all, or any of these fines, 
 is discretionary with the trustees, and they should ordinarily be 
 imposed only for wilful or culpably negligent injuries to books, 
 or where the district actually sustains a loss, or serious injury. 
 Reasonable excuses for the detention of the books beyond the 
 twenty days, should in all cases be received. 
 
 The librarian is to inform the trustees of every notice given by 
 him to show cause against the imposition of a fine ; and they are 
 to assemble at the time and place appointed by him, or by any 
 notice given by them, or any one of them ; and to hear the charge 
 and defence. They are to keep a book of minutes, in which every 
 fine imposed by them, and the cause, shall be entered and signed 
 by them, or the major part of them. Such original minutes, or a 
 copy certified by them, or the major part of them, or by the clerk 
 of the district, is made conclusive evidence of the fact that a fine 
 16 
 
242 
 
 was imposed as stated in such minutes, according to the regulations. 
 It is the duty of trustees to prosecute promptly for the collec 
 tion of all fines imposed by them. Fines collected for the deten 
 tion of books, or for injuries to them, are to be applied to defray 
 the expense of repairing the books in the library. Fines collec 
 ted for the loss or destruction of any book, or of a set or series of 
 books, are to be applied to the purchase of the same or other 
 suitable books. 
 
 VII. ANNUAL REPORT OF TRUSTEES. 
 
 1. WHEN TO BE MADE, AND WHAT TO CONTAIN. 
 
 By section 116 of the act of 1847, (No. 136,) trustees are re 
 quired to make and transmit their annual reports to the Town 
 Superintendent, between thejirst and fifteenth days of January 
 in each year. By 115, (No. 137,) such report is to be dated 
 on the first day of January, and must specify : 
 
 1. The whole time any school has been kept in their district 
 during the year ending on the day previous to the date of such 
 report, and distinguishing what portion of the time such school 
 has been kept by qualified teachers : 
 
 2. The amount of moneys received from the Town Superin 
 tendent of common schools, during such year, and the manner in 
 which such moneys have been expended : 
 
 3. The number of children taught in the district during such 
 year, and the name and age of each child : 
 
 4. The name and age of each child residing in the district, on the 
 last day of December previous to the making of such report, over 
 theage of four years and under twenty-one years of age. (except In 
 dian children, otherwise provided for by law,) and the names of 
 the parents or other persons with whom such children shall re 
 spectively reside and the number of children residing with each. 
 
 5. The amount of money paid for teachers wages, in addition 
 to the public money paid therefor, the amount of taxes levied in 
 said district for purchasing school-house sites, for building, hiring, 
 purchasing, repairing and insuring school-houses, for fuel, for sup 
 plying deficiencies in rate-bills, for district libraries or for any 
 other purpose allowed by law, and such other information in 
 relation to the schools and the districts as the Superintendent of 
 common schools may from time to time require. 
 
 By virtue of the authority conferred on the Superintendent, 
 under this provision, they are also required to state in their an 
 nual reports, 
 
 1. The number of books belonging to their district library on 
 the last day of December in each year : 
 
 2. The number of times the school in their district has been 
 inspected and visited by the Town Superintendents, respectively, 
 during the year reported : 
 
 8. The names of the several school books in use in the school 
 in their district, during such year : 
 
243 
 
 4. The number of pupils who have attended the school in said 
 district for a term less than two months, during the said year ; the 
 number attending two, and less than four months ; the number 
 attending four and less than six months ; the number attending 
 six and less than eight months ; the number attending eight and 
 less than ten months ; the number attending ten and less than 
 twelve months; and the number attending twelve months: 
 
 5. The number of select and private schools in their district, 
 other than incorporated seminaries, and the average number of 
 pupils attending them during the preceding year : 
 
 6. The number of colored children between the ages of four 
 and twenty-one years, attending any school for such children 
 established in the district, and instructed therein at least six 
 months by a teacher duly licensed, specifying the number attend 
 ing from different districts, designating such districts, and the 
 number from each, the amount of public money received from the 
 Town Superintendent for such schools, during the year ending 
 with the date of their report, and the amount paid for the compen 
 sation of such teacher, over and above the public money so received. 
 
 One of the most important items in the annual report of trustees 
 is the number of children residing in the district between the ages 
 of 4 and 21, as it affords the most sure and practical test of the 
 progress of primary education. There is reason to believe, that 
 the reports have heretofore been very inaccurate in this respect. 
 Some difficulty has, it is true, been experienced in determining 
 with the requisite precision, the children proper to be included 
 within the boundaries of the several districts ; but the specific pro 
 visions of the late act, 118, (No. 138,) will, it is believed, remove 
 every difficulty of this kind. By that section it is required that 
 the reports shall include all children over 4 and under 21, who, at 
 the date of the report, are actually in the district, composing part 
 of the family of their employers, &c., residing at the time in the 
 district, although such residence, that is of the employers, 
 parents, &c., be temporary. But children belonging to the family 
 of a person who is an inhabitant of another district, are not to be 
 included. If therefore a person who is not an inhabitant of some 
 other district, resides temporarily in a given district, all the child 
 ren belonging to his family are to be reported. The law embraces 
 a class of persons who were not before enumerated in any dis 
 trict those whose parents or employers had not gained a residence 
 in the state. 
 
 Children attending an academy, are to be enumerated, only 
 where their parents are actually residents of the district in which 
 the academy is situated. Com. School Dec. 58. 
 
 Trustees are expressly prohibited by law from including in their 
 enumeration children supported at a county poor-house, 117, 
 (No. 137.) 
 
 The children of a man removing on the last day of December 
 from one district to another, are to be enumerated in the district 
 into which he moves. The enumeration is made with a view to 
 
244 
 
 the apportionment of the money for the succeeding year ; and it is 
 proper that the money drawn upon the basis of that enumeration 
 should as far as possible, go to the district in which the children 
 enumerated are to reside, and in which the money received for 
 their benefit is to be expended. Com. School Dec. 216. 
 
 A man cannot, however, gain a residence in a place unless he 
 goes there with the intention of remaining. Where, therefore, an 
 inhabitant of a school district leaves such district with the whole 
 or a portion of his family a few days previous to the last of De 
 cember, and goes into another district, where after remaining a 
 few days, he returns to the former district, his children are never 
 theless to be enumerated by the trustees of the district to which he 
 evidently belongs. Per YOUNG, Sup t. 
 
 Form of a district report to be made by the Trustees to the Town 
 Superintendent of Common Schools. 
 
 To the Town Superintendent of common schools of the town of 
 
 We, the trustees of school district number in said town, in 
 conformity with the statutes relating to common schools, do certify 
 and report,that the whole time any school has been kept in our dis 
 trict during the year ending on the date hereof, and since the date 
 of the last report for the said district is, [here insert the whole time 
 any school has been kept in the district school-house, although for a 
 part of that time it may have been kept by teachers not duly quali 
 fied, ] and that during said year and since the date of said last 
 report such school has been kept by a teacher [or teachers as the 
 ease may be,~] after obtaining a certificate of qualification, accor 
 ding to law, is [here insert the time with precision :] that the 
 amount of money apportioned to our district by the Town Super 
 intendent of common schools during the said year and since the 
 date of the said last report, except library money, is [here insert 
 the whole amount, excepting library money, although it may have 
 been received in whole or in part by predecessors in office,] and that 
 the said sum has been applied on our order to the payment of the 
 compensation of teachers employed in the said district and licen 
 sed as the statute prescribes. [If the amount apportioned has 
 not been expended, the reason for such omission should be particu- 
 larly specified."] That the amount of library money received in 
 our district from the Town Superintendent of common schools 
 during said year and since the date of the said last report, is [here 
 insert the whole amount of library money, alt/tough it may have 
 "been received in whole or in part by predecessors in office,~] and 
 that the said sum has been applied to the purchase of a library 
 for the district, [or to the purchase of a map of the State of New 
 York, a terrestrial globe, a black-board, 8?c., (specifying particularly 
 the articles purchased) in pursuance of a vote of the district at a 
 special meeting called and held according to law.] That the 
 number of volumes belonging to the district library and on hand 
 on the last day of December last, is [here insert the whole number 
 
245 
 
 of volumes. ] That the number of children taught in said district, 
 during said year and since last report is [here insert the same, not 
 by conjecture, but by reference to the teachers list, or other authen 
 tic sources. ] That of the said children (10) attended less than 
 two months; (5) two months and less than four; (8) four months 
 and less than six ; (4) six months and less than eight ; eight 
 months and less than ten ; ten months and less than twelve ; 
 twelve months. And that the number of children residing in our 
 district on the last day of December last, who are over four and 
 under twenty-one years of age, is [here insert the number, taking 
 in such as resided in the district on the last day of December, and 
 who were then over Jour and under twenty-one years of age,~\ and 
 that the names of the parents, and other persons with whom such 
 ehildren respective reside, and the number residing with each are 
 contained in schedule A. annexed. 
 
 [If a colored school has been taught in the district the following 
 should be added :~] 
 
 That the number of colored children between the ages of 4 and 
 twenty-one years attending a school taught in our district during 
 the year aforesaid, by a licensed teacher for at least six months, 
 was [24;] of whom [10] resided in said district, [5] attending 
 from district No. 5, [4] from district No. 7, [2] from district No. 
 6, and [3] from district No. 19. That the whole amount of pub 
 lic money received from the Town Superintendent of common 
 schools of our town, during the year aforesaid, for the use of said 
 colored school, was $ and that the said sum has been applied 
 to the compensation of the teacher thereof; and that the amount 
 paid to such teacher, over and above the public money so receiv 
 ed, was $ .] 
 
 And we further report, that our school has been visited by the 
 Town Superintendent times, during the year preceding this 
 report, and that the sum paid for teachers wages, over and above 
 the public moneys apportioned to said district, during the same 
 year, amounts to $ . [Is to be filled with the sum total of all 
 the school bills for the year, after applying the school money to the 
 payment of such wages ] That the school books in use in said 
 district during said year, are the following, viz : [Here specify 
 the titles of all the text books used in the school during the several 
 terms. That there have been private or select schools, not 
 incorporated, taught in said district during the year aforesaid, and 
 that the average number of pupils in attendance therein was. 
 [Here state the number as near as can be ascertained."] 
 
 Dated at the first day of January, in the year of our 
 
 Lord one thousand eight hundred and 
 
 A. B.) 
 
 C. D. V Trustees, 
 
 E. F.) 
 
246 
 
 Form of a District Report, where the district is formed out of two 
 or more adjoining towns. 
 
 To the Town Superintendent of common schools of the town of 
 
 We, the trustees of school district number , formed partly 
 out of said town, and partly out of the adjoining town of , do, in 
 conformity with the statutes relating to common schools, certify and 
 report, 
 
 That the school house in said district is situated in the town 
 of *. y! That the whole time any school has 
 
 been kept in our district, during the year ending on the date 
 thereof, and since the date of the last report for said dis 
 trict, is [here insert the whole time any school has been kept 
 in the district school-house, although for a part of that time it 
 may have been kept by teachers duly qualified,] and that the time 
 during said year and since the date of said last report, such school 
 has been kept by a teacher, [or teachers, as the case may be,~] after 
 obtaining a certificate of qualification according to law is [here in 
 sert the time with precision.] That the amount of money appor 
 tioned to our district by the Town Superintendents of common 
 schools, during the said year, and since the date of the said last 
 report, excepting library money, is [here insert the whole amount 
 excepting library money, although it may have been received in 
 whole or in part by predecessors in office,] and that of the said sum 
 of money so as above stated to have been apportioned to our said 
 district, to be applied to the payment of teachers wages, the sum 
 of was apportioned for and on account of that part of said dis 
 
 trict lying in the said town of and the sum of for and 
 
 on account of the other part thereof lying and being in said town 
 of and that the said sum has been applied, on our order, to 
 
 the payment of the compensation of teachers employed in said 
 district, and licensed as the statute prescribes. That the amount 
 of library money received in our district from the Town Superin 
 tendent of common schools during said year, and since the date of 
 said last report, [here insert the whole amount of library money, 
 although it may have been received in whole or in part by predeces 
 sors in office,] that of the said sum of money so as above stated 
 to have been received in our said district for the purchase of a 
 district library the sum of was received for and on account 
 
 of that part of said district lying in said town of and the 
 
 sum of for and on account of the other part thereof lying 
 
 and being in the said town of and that the said sum was, 
 
 on or before the first day of October last, applied to the purchase 
 of a library for the district, [or to the purchase of maps, globes, fyc. 
 (specifying the articles purchased) in pursuance of a vote of the 
 district at a special meeting called and held in the manner pre 
 scribed by law.] That the number of volumes belonging to the 
 district library and on hand on the last day of December last, is 
 [here insert the ivhole number of volumes.] That the number of 
 
247 
 
 children taught in said district during said year, and since said 
 last report, is [here insert the same, not by conjecture, but by re 
 ference to the teachers list or other authentic sources,~\ That of 
 the said children [10] attended less that two months, [8] two 
 months and less than four, [6] four months and less than six, [8] 
 six months and less than eight, [3] eight months and less than ten, 
 ten months and less than twelve, twelve months. And that 
 the number of children residing in our district on the last day of 
 December last, who were over four and under twenty-one years 
 of age, is [here insert the number, taking in such as actually re 
 side in the district on said day, and who were then over four and 
 under twenty-one years of age, ~] and that the names of the parents 
 or other persons with whom such children respectively reside, 
 and the number residing with each are contained in schedule A. 
 annexed. 
 
 [If a colored school has been taught in the district the following 
 !<Hjyr should be added :] 
 
 That the number of colored children between the ages of 5 and 
 16 years attending a school taught in our district during the year 
 aforesaid, by a licensed teacher for at least four months, ( 24,) of 
 whom (10) reside in said district, (5) attended from district No. 
 5, (4) from district No. 7, (2) from district No. 6, and (3.J from 
 district No. 19. That the whole amount of public money received 
 from the Town Superintendent of common schools of our town 
 during the year aforesaid, for the use of said colored school, was 
 $ , and that the said sum has been applied to the compensa 
 tion of the teacher thereof; and that the amount paid to such 
 teacher over and above the public money so received, was $ .] 
 That of the said children, so as above stated to have been taught 
 in our said district, the number belonging to that part of said dis 
 trict lying in said town of is , and that the number 
 belonging to the other part thereof, lying in said town of is 
 That of the said children between the said ages of four 
 and twenty-one years, so as above, stated to reside in our district, 
 the number residing in that part of said district lying in said town 
 of is , and that the number residing in the other part 
 thereof, lying in said town of is nUt;j> 
 
 And we do further report that our school has been inspected by 
 the Town Superintendent during the past year [once or twice, 
 or not at all, as the case may be.] That the sum paid 
 for teachers wages in said district, over and above the pub 
 lic money apportioned to said district, during the same year, 
 amounts to $ cents, of which dollars cents, 
 
 were paid by that part of the district lying in the town of 
 and dollars cents, by that part lying in the town 
 
 of // v 
 
 -in. . vi io i 
 
248 
 
 [ This blank is to be filed with the sum total of all the school bills 
 for the year, which are made out after applying the school money 
 to the payment of the teachers wages.~] 
 
 That the school books in use in said district, during said year, 
 are the following, viz : [Here specify the title of all the text books 
 used in the school during the several terms."] That there have been 
 private or select schools, not incorporated, taught in said dis 
 trict during the year aforesaid, and that the average number of 
 pupils in attendance therein was [here state the number as near as 
 can be ascertained.^ 
 
 Dated at , this first day of January in the year of our Lord 
 
 one thousand eight hundred and 
 
 A. P.) 
 
 C. D. } Trustees. 
 E. F.) 
 
 By 145 of the act of 1847, (No. 168,) "Town Superintendente 
 of common schools, and trustees and clerks of school districts, re 
 fusing or wilfully neglecting to make any report, or to perform 
 any other duty required by law, or by regulations or decisions made 
 under the authority of any statute, shall severally forfeit to their 
 town, or to their district, as the case may be, for the use of the 
 common schools therein, the sum often dollars for each such neg 
 lect or refusal, which penalty shall be sued for and collect 
 ed by the supervisor of the town, and paid over to the proper of 
 ficers, to be distributed for the benefit of the common schools in the 
 town or district to which such penalty belongs ; and when the 
 share of school or library money apportioned to any town or dis 
 trict, or school, or any portions thereof, or any money to which a 
 town or district would have been entitled, shall be lost in conse 
 quence of any wilful neglect of official duty by any Town Super 
 intendent of common schools, or trustees or clerks of school dis 
 tricts, the officers guilty of such neglect shall forfeit to the town 
 or district the full amount, with interest, of the moneys so lost ; and 
 they shall be jointly and severally liable for the payment of such 
 forfeiture." 
 
 By 123, of the school act, (No. 143,) "Every trustee of a 
 school district, or separate neighborhood, who shall sign a false re 
 port to the Town Superintendent of common schools of his town, 
 with the intent of causing such Town Superintendent to apportion 
 and pay to his district or neighborhood, a larger sum than its just 
 proportion of the school moneys of the town, shall, for each offence, 
 forfeit the sum of twenty-five dollars, and shall also be deemed 
 guilty of a misdemeanor." 
 
 By 15 of chap. 382, of Laws of 1849, " Whenever it shall be 
 satisfactorily proven to the State Superintendent that any county 
 or town superintendent, or other school officer, has embezzled the 
 public money, or any money coming into his hands for school pur 
 poses, or has been guilty of the wilful violation of any law, or 
 neglect of any duty or of disobeying any decision, order or^regu- 
 
249 
 
 lation of the Department of Common Schools, the State Superin 
 tendent is hereby authorised to remove such officer from such office, 
 by an order under the seal of office of the Secretary of State." 
 
 VIII. TRUSTEES ACCOUNTING TO THEIR SUCCESSORS, PAYING 
 OVER BALANCES AND DELIVERING PAPERS TO THEM. 
 
 By 125, et, seq. of the school act, (No. 145, et. seq.,) "The 
 trustees of each school district shall, once in each year, render to 
 the district, at its annual meeting, a just and true account, in wri 
 ting, of all moneys received by them respectively, for the use of 
 their district, and of the manner in which the same shall have 
 been expended ; which account shall be delivered to the district 
 clerk, and be filed and recorded by him. Any balance of such 
 moneys, whick shall appear from such account to remain in the 
 hands of the trustees, or either of them, at the time of rendering 
 the account, shall immediately be paid to some one or more of their 
 successors in office. Every trustee who shall refuse or neglect to 
 render such account, or to pay over any balance so found in his 
 hands, shall, for each offence, forfeit the sum of twenty-five dol 
 lars. 
 
 " It shall be the duty of his successors in office, or of the Town 
 Superintendent, to prosecute without delay, in their n >me of office, 
 for the recovery of such forfeiture; and the moneys recovered 
 shall be applied by them to the use and benefit of their district 
 schools. Such successors shall also have the same remedies for 
 the recovery of any unpaid balance in the hands of a former trus 
 tee, or his representatives, as are given to the Town Superintend 
 ent of Common Schools against a former Superintendent and his 
 representatives; and the moneys recovered shall be applied by 
 them to the use of their district, in the same manner as if they 
 had been paid without suit. All bonds or securities taken by the 
 trustees from the collector of their district, shall, on the expiration 
 of their office, be delivered over by them to their successors in of 
 fice." 
 
 IX. SUITS BY AND AGAINST TRUSTEES. 
 I. SUITS BY TRUSTEES. 
 
 By 74, Laws of 1847, (No. 96,) trustees are authorized to 
 sue for and recover the moneys due upon any security taken by 
 them or their predecessors in office, on the sale of the school-house 
 and site of their district, in the cases provided for by that section, 
 with interest and costs. 
 
 By 89, (No. 112,) trustees are authorized to prosecute for the 
 amount due on a tax list or rate-bill, against non-residents of their 
 district, where no goods or chattels can be found in the district 
 whereon to levy. 
 
250 
 
 By 114, (No. 134,) they are directed, in case the moneys ap 
 portioned to their district are withheld by the Town Superintend 
 ent, to prosecute for the recovery thereof, with interest, or to pur 
 sue such other remedy for the recovery thereof as is or shall be 
 given by law. This provision, it is supposed, is applicable only to 
 cases of illegal detention in the hands of the Town Superintendent 
 of money apportioned to a district, and not to the withholding of 
 such money in consequence of the discovery of some illegality or 
 informality in the reports from the districts. Where the right of 
 the district to its share is incontestible, and the amount is still with 
 held for any reason, the trustees are directed to prosecute, and the 
 proper remedy in such a case would be an action of assumpsit for 
 money had and received to the use of the district or teacher against 
 such Town Superintendent. 
 
 By 128, (No. 148,) trustees are directed to prosecute their 
 predecessors for the recovery of the forfeiture of twenty-five dol 
 lars, incurred by a refusal or neglect to account, or to pay over any 
 balance due from them, on the expiration of their term of office, 
 and to apply the money recovered to the use and benefit of their 
 school ; and by 129, (No. 149,) they are authorized to prosecute 
 for any unpaid balance in the hands of a former trustee, or his rep 
 resentatives, and directed to apply the amount recovered to the use 
 of the district, in the same manner as if it had been paid without 
 suit. 
 
 By 102, (No. 125,) they are also authorized to prosecute for 
 the recovery, with interest and costs, of all forfeitures incurred by 
 a collector, and unpaid balances in his hands, and to apply the mo 
 neys recovered in the same manner as if paid without suit. 
 
 By 61, (No. 83,) trustees are to prosecute for the recovery of 
 the fine of ten dollars, with costs of suit, imposed upon any 
 inhabitant, voting at any school district meeting, without being 
 qualified. 
 
 -ib -smb *io jtv.-yiSlfvj ->i!i UKH I K- Mn* 
 
 2. SUITS AGAINST TRUSTEES. 
 
 It is conceived that an essential service may be rendered to offi 
 cers connected with common schools, by informing them of some 
 general principles to show the extent of their liability to suits by 
 individuals. 
 
 Officers required by law to exercise their judgments are not an 
 swerable for mistakes of law, or mere errors of judgment, without 
 any fraud or malice. Jenkins vs. Wctldron, \\th Johnson s Re 
 ports, 114, 
 
 A public officer who is required by law to act in certain cases, 
 according to his judgment or opinion, and subject to penalties for 
 his neglect, is not liable to a party for an omission arising from a 
 mistake or want of skill, if acting in good faith. Seaman vs. Pat 
 ten, 2d Caine s Reports, 312. 
 
 But an officer entrusted by the common law or by statute, is lia 
 ble to an action for negligence in the performance of his trust, or 
 
2*1 
 
 for fraud or neglect in the execution of his office. Jenner vs. Jo- 
 Uffe, 9 John. Rep. 381. 
 
 And an officer who commands an act to be done by issuing a 
 warrant or other process, if he act without jurisdiction of the sub 
 ject matter, or of the person, is liable as a trespasser. Norton vs. 
 Auchmoody, 7 Wendell, 200. But if he have jurisdiction, errors 
 in judgment do not subject him to an action. 
 
 Mere irregularities in proceedings will not render an officer hav 
 ing dscretionary powers, or acting as a judge, liable to a ciril suit. 
 There is a large class of cases, in which the remedy is only by 
 plea to the proceedings or by writ of error. See Sutler vs. Potter 
 17 Johns. 145, and Griffin vs. Mitchell, 2 Cowen s Rep. 548. 
 
 The collector or other officer who executes process, has peculiar 
 protection. He is protected, although the court or officer issuing 
 such process have not, in fact, jurisdiction of the case ; if on the 
 face of the process, it appears that such court or officer had juris 
 diction of the subject matter, and nothing appears in such pro 
 cess to apprise the officer but that there was jurisdiction of the 
 person of the party affected by the process. Savacool vs. Bough- 
 ton, 5 Wendell s Reports, 170. 
 
 A contract made by all the trustees, and signed by two, is bind 
 ing ; and where a contract is signed or a warrant issued by two 
 trustees, the presence of the third will be presumed, until the con 
 trary be shown. Two trustees can contract against the will of the 
 third, if he was duly notified of a meeting of the trustees, or was 
 consulted and refused to act. McKoy vs. Courtree, 9 Wendell, 
 
 17. 
 
 When a district votes a tax to purchase a new site, and build a 
 school-house thereon, where the consent of the Town Superintend 
 ent had not been obtained for a change of the site, [the district not 
 being an altered one,] the trustees are liable in trespass for making 
 out a tax list and issuing a warrant for the collection of such tax ; 
 on the ground that the district had no authority to vote such a tax. 
 Baker vs. Freeman, 9 Wendell, 36. 
 
 Trustees are not liable as trespassers for omitting to insert the 
 names of all the taxable inhabitants in the tax list, where there is 
 no evidence of bad faith on their part. JSaston vs. Calendar, 11 
 Wendell, 90. 
 
 Subordinate tribunals are not liable as trespassers for acts done 
 growing out of an error of judgment. Ib. 
 
 Trustees are liable in trespass for making out their tax list up- 
 on any other basis than the last assessment roll of the town, after it 
 has been reviewed and finally settled by the assessors. Alexander 
 vs. Hoyt, 7 Wend. 89. 
 
 Inhabitants of a district must vote a precise and definite sum as 
 a tax for building a school-house or any other purpose, and trus 
 tees will not be authorized to issue their warrant to levy a tax un 
 der a general vote. Robinson vs. Dodge, 18 Johns. 351. 
 
252 
 
 Trustees in office are liable on the contracts of their predeces 
 sors for the employment of teachers, personally, because they have 
 the means of indemnifying themselves, and those who made the 
 contract are not liable after the expiration of their term of office. 
 Silver vs. Gumming,! Wendell, 181. 
 
 The court intimate a distinction between those cases where the 
 trustees are not to act unless money is previously raised, and those 
 where itjistobe collected subsequent to the performance of the work. 
 In the first class of cases they are not to incur responsibilities be 
 yond the means in their possession ; they render themselves per 
 sonally responsible, and their successors are not holden. The first 
 class of cases would seem to include those only which are specified 
 in sub. 5 of 82, (No. 103,) and those in which blank books, maps, 
 globes, black boards and other school apparatus may be procured 
 by means of a previous tax. In these cases successors are suppo 
 sed not to to be liable, unless money comes into their hands for the 
 purpose. 
 
 In all other cases, it is supposed successors are liable on the con 
 tracts of their predecessors. 
 
 It is quite important to trustees to know that the decisions of 
 this department have been, uniformly, that their costs in any suit 
 cannot be paid by a vote of the district to levy a tax for that pur 
 pose, as the only purposes for which a tax can be voted are speci 
 fied in the statutes, and this is not among them. 
 
 Questions respecting the liability of trustees for their joint acts 
 and for the acts of each other are frequently presented. It becomes 
 proper to state the grounds and limits of their responsibility in this 
 respect, that they may be better enabled to guard against its conse 
 quences. 
 
 The object being to secure fidelity to the trust and to prevent 
 negligence and fraud, the rules which govern in the cases of exec 
 utors, guardians and other private trustees, must be applicable to 
 officers holding a similar fiduciary relation to the public, and there 
 fore the principles which have been settled in those cases by the 
 courts, will be the guide in determining the extent of the liability 
 of the trustees. 
 
 The general rule, as laid down by an eminent jurist, (Story oa 
 Equity Jurisprudence,) and sustained by the adjudged cases, is, 
 that joint trustees are responsible only for their own acts, and not 
 for the acts of each other, unless they have made some agreement 
 by which they have expressly agreed to be bound for each other ; 
 or have, by their voluntary co-operation or connivance, enabled the 
 other to accomplish an object in violation of the trust. This rule 
 is exemplified in the following cases : 
 
 1. Where money has been received jointly, all are in general 
 liable for its application, and a joint receipt is presumptive evi 
 dence of the fact that it came to the hands of all ; but either may 
 show that his joining in the receipt was formal or necessary, and 
 that the whole of the money was in fact received by his compan- 
 
253 
 
 ions. And if it was misapplied before there was a reasonable op 
 portunity to control it, he would not be responsible. 
 
 2. When by any positive act, direction or agreement,, of one 
 joint trustee, the money is paid over and comes to the hands of 
 the others, when it might and should have been otherwise con 
 trolled or secured by both, then each will be chargeable for the 
 whole. 
 
 There is great difficulty in applying this rule to the case of 
 trustees of common schools. The money for distribution cannot 
 be in the hands of more tl^an one ; there are ordinarily no means 
 of insuring a control over it by all, by depositing it in a bank or 
 other place of security, and there is no authority by which any 
 two trustees could require the third to give security for its faithful 
 disbursement. One has as much right to its custody as another. 
 The simple fact, therefore, that public money has been received by 
 one arid misapplied, cannot in itself render the others liable. It 
 would seem therefore, that there should he some act of omission 
 or commission on the part of the others to render them liable for 
 the misconduct of their associate ; and here the following rule 
 seems better adapted to the case : 
 
 3. If one trustee wrongfully suffer the other to detain the trust 
 money a long time in his own hands without security, or should 
 lend it to him on his simple note, or should join with the other in 
 lending it on sufficient security, in all such cases he would be held 
 liable for any loss. Of course, a trustee who has connived at or 
 been privy to an embezzlement of the trust money would be liable. 
 And if it be mutually agreed between them that one shall have 
 the exclusive management of one part of the trust property, and 
 the other of another part, both would be liable for the acts of each. 
 
 Considering the equal rights and powers of each trustee, that 
 the law has made no provision for requiring security from them, 
 and the gross injustice of making an officer responsible for the 
 misconduct of an associate over whom he has no control, they 
 ought not to be held liable for each other s acts unless there be 
 some evidence of participation or connivance, like those specified 
 in the third class of cases above mentioned. 
 
 By section 108, of title 4, chap. 8, part 3, Rev. Stat., p. 476, 
 vol. 2, 1st edition, [ 112, p. 390, 2d edition, vol. 2,] it is provided 
 that in suits against trustees of school districts, and other officers, 
 " the debt, damages or costs recovered against them, shall be col 
 lected in the same manner as against individuals ; and the amount 
 so collected shall be allowed to them in their official accounts." 
 It is presumed that this provision does not relate to actions for 
 personal delinquences, but to those only which arise out of an offi 
 cial duty. As the recoveries are to be "allowed them in their 
 accounts," it is implied that they may retain the amount of monies 
 in their hands, and set off the sums recovered. But this cannot 
 apply to the public school moneys, as those moneys are appropri 
 ated by law to specific purposes, and cannot be diverted to any 
 other. 
 
254 
 
 By 146, of the act of 1847, (No. 169,) it is provided that "in 
 any suit which shall hereafter be commenced against Town Super 
 intendents of common schools, or officers of school districts, for 
 any act performed by virtue of, or under color of, their offices, or 
 for any refusal or omission to perform any duty enjoined by law, 
 and which might have been the subject of an appeal to the Super 
 intendent, no costs shall be allowed to the plaintiff in cases where 
 the court shall certify that it appeared on the trial of the 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." 
 
 By 1, of chap. 172, laws of 1847, as amended by chap. 388, 
 laws of 1849, it is provided that " whenever a suit shall have been 
 commenced, or shall hereafter be commenced against the trustees 
 of a school district, in consequence of acts by them performed in 
 pursuance of and by the direction of such district, for any act 
 performed by virtue of, or under color of their office, and such suit 
 shall have been finally determined, or whenever after the final 
 determination of any suit commenced by or against any trustees 
 or other officers of a school district, a majority of the taxable 
 inhabitants of any school district shall so determine, it shall be the 
 duty of the trustees to ascertain in the manner hereinafter described, 
 the actual amount of all costs, charges and expenses paid by such 
 officer, and to cause the same to be assessed upon and collected of 
 the taxable inhabitants of said district, in the same manner as 
 other taxes of said district are by law assessed and collected, and 
 when so collected to pay the same over to the officer, by virtue of 
 this act, entitled to receive the same ; but this provision shall not 
 extend to suits for penalties, nor suits or proceedings to enforce the 
 decision of the superintendent. 
 
 By 2. " Whenever any person mentioned in the first section 
 of this act shall have paid any costs, charges or expenses as men 
 tioned in said first section, he shall make out an account of such 
 charges, costs and expenses so paid by him, giving the items there 
 of, and verify the same by his oath or affirmation ; he shall serve 
 a copy of said account so sworn to, upon the trustees of the district 
 against which such claim shall be made, together with a notice in 
 writing that on a certain day therein specified, he will present such 
 account to the board of supervisors of the county in which such 
 school district shall be situated, for settlement at some legal meet 
 ing of such board ; and it shall be the duty of the officer upon 
 whom such copy, account and notice shall be served, to attend at 
 the time and place in such notice specified, to protect the rights 
 and interests of such district upon such settlement. 
 
 3. " Upon the appearance of the parties, or upon due proof 
 of service of the notice and copy of account mentioned in the second 
 section of this act, if the said board shall be of opinion that such 
 account or any portion thereof ought justly to be paid to the claim 
 ant, such board may by an order to be made by a majority of all 
 
255 
 
 the members elected to the same, and to be entered in its minutes, 
 require such account or such part thereof as such board shall be of 
 opinion ought justly to be paid to the claimant, by such district to 
 be so paid ; but no portion of such account shall be so ordered to 
 be paid which shall appear to the said board to have arisen from 
 the wilful neglect or misconduct of the claimant. The account, 
 with the oath of the party claiming the same, shall be prima facie 
 evidence of the correctness thereof. The board may adjourn the 
 hearing from time to time as justice shall seem to require. 
 
 4. " It shall be the duty of the trustees of any school district, 
 within thirty days after service of a copy of such order upon them 
 to cause the same to be entered at length in the book of records 
 of said district, and to issue to the collector of said district a war 
 rant for the collection of the amount so directed to be paid, in the 
 same manner and with the like force and effect as upon a tax voted 
 by said district." 
 
 " It will be perceived that two classes of cases are here alluded 
 to. 1st. Where suits have been brought against trustees, in con 
 sequence of the performance of any official act by them, and such 
 suits shall have been finally determined ; in which case, the trustees 
 may at once make out their account of costs, charges and expenses, 
 verify the same, and present it to the Board of Supervisors, with 
 out any action on the part of the district ; or they may, in their 
 discretion, procure a vote of the district to that effect : and 2d, 
 When suits have been brought by or against any trustees, or other 
 officers of a school district, and such suits shall have been finally 
 determined ; in which case, (with the exception of suits brought 
 against trustees, as above referred to,) a vote of the district is 
 necessary to authorize an account of the costs, charges and expen 
 ses, to be made out, as provided by the second section, and laid 
 before the Board of Supervisors. In both cases, no tax can be 
 levied on the district for the amount of such costs, charges and 
 expenses, except on the order of the Board of Supervisors, as 
 specified in the third section. 
 
 IX. MISCELLANEOUS PROVISIONS APPLICABLE TO TRUSTEES. 
 1. SCHOOLS FOR COLORED CHILDREN. 
 
 By 147, of the act of 1847, (No. 179,) a school for colored 
 children may be established in any district, with the approbation of 
 the Town Superintendent, which is to be under the charge of the 
 trustees of the district in which such school is established. Trust 
 ees, in their annual reports, are also required particularly to spe 
 cify the number of such children over four and under twenty-one 
 years of age attending such school from different districts, naming 
 such districts respectively, and the number from each attending 
 for six months, and instructed by a duly qualified teacher, which 
 report is to form the basis of an apportionment to such school, by 
 the Town Superintendent, of a share of the public money. Full 
 and explicit instructions to Town Superintendents and trustees, 
 
256 
 
 and the necessary forms for reports in relation to these schools, will 
 be found under the appropriate heads. 
 
 The provisions contained in this section are more particularly 
 applicable to those cities and large villages where no special legal 
 provisions have been made for the instruction of colored children. 
 The means provided, are, it is true, altogether insufficient to meet 
 the expense which must necessarily be incurred in the organization 
 of these schools ; and inasmuch as the class of community for 
 whose special benefit they are intended is generally unable to con 
 tribute to such expense in any considerable degree, the object in 
 view can seldom be fully attained, but through the efforts of chari 
 table and benevolent individuals in the several districts from which 
 the colored schools are composed. These efforts have hitherto 
 been paralyzed by the absence of any legal power to effect the ne 
 cessary organization ; and the provision now made, was doubtless 
 intended to supply that defect, and to furnish a nucleus around 
 which the benevolent exertions of the friends of education and 
 humanity might be concentrated. If, however, in any of the 
 country districts, a colored school can be organized and efficiently 
 kept up for the requisite length of time, it is hoped no efforts will 
 be spared to carry into effect the provisions of the section. Colored 
 children are entitled equally with all others, to the privileges and 
 advantages of the district school : and wherever they can be 
 grouped together in a separate school, under the charge of a com 
 petent teacher, they will be far more likely to derive the full be 
 nefits of such instruction as may be best adapted to their circum 
 stances and condition, while at the same time, the disadvantages 
 inseparable from their attendance at the district school, will be 
 avoided. 
 
 By Chap. 228 of the laws of 1845, (Nos. 174-178,) it is pro 
 vided that no person shall wilfully disturb, interrupt or disquiet any 
 assemblage of persons met at any school district, with the assent 
 of the trustees of the school district, for the purpose of receiving 
 instruction in any of the branches of education usually taught in 
 the common schools of this state, or in the science of music. Who 
 ever shall violate the provisions of the foregoing section, may be 
 tried before any justice of the peace of the county, or any mayor, 
 alderman, recorder, or other magistrate of any city where the 
 offence shall be committed ; and upon conviction, shall forfeit a 
 sum not exceeding twenty-five dollars, for the use and benefit of 
 the school district in which such offence shall be committed. It 
 shall be the duty of the trustees of any school district in which any 
 such offence shall be committed, to prosecute such offender before 
 any officer having cognizance of such offence. If any person con 
 victed of the offence herein prohibited, shall not immediately pay 
 the penalty incurred, with the costs of conviction, or give security, 
 to the satisfaction of the officer before whom such conviction shall 
 be had, for the payment of the said penalty and costs within twenty 
 days thereafter, he shall be committed by warrant to the common 
 
257 
 
 jail of the county, until the same be paid, or for such term, not ex 
 ceeding thirty days, as shall be specified in such warrant. It shall 
 and may be lawful for any person who may be complained of for 
 a violation of the provisions of this act, to demand of such magis 
 trate that he may be tried by a jury. Upon such demand, it shall 
 be the duty of such officer to issue a venire to the proper officer, 
 ommanding him to summon the same number of jurors, and in the 
 same manner, and the said court shall proceed to empannel a jury 
 for the trial of said cause, in the same manner and subject to all 
 the rules and regulations prescribed in the act providing for th 
 trials by jury in courts of special sessions." 
 
 2. BOND TO BE REQUIRED OF THE COLLECTOR. 
 
 Trustees are authorized by 103, (No. 126,) to require of the 
 collector of their district, before delivering to him any warrant for 
 the collection of moneys, a bond with one or more sureties condi 
 tioned for the faithful performance of the duties devolved upon 
 fcim as such collector. 
 
 It is strongly recommended to trustees to exact of the collec 
 tor, the bond authorized under this section of the school law, 
 before any warrant is placed in his hands. This practice will 
 be attended with very little trouble, and will secure the district 
 from all loss, and the trustees themselves from personal liability, 
 in many instances. It will also secure the prompt collection of 
 taxes and promote system and regularity in the financial affairs of 
 the district. 
 
 Form of a Band to be giverityy a District Collector. 
 
 Know all men by these presents, that we, A. B. and C. D., (the 
 tollector-and his surety,) are held and firmly bound to E. F. and G. 
 H. &c., trustees of school district number in the town of 
 in the sum of (here insert a sum double the amount to be collected,) 
 to be paid to the said E. F., G. H., &c., trustees as aforesaid, or to 
 the survivor or survivors of them, or their successors ; to the which 
 payment, well and truly to be made, we bind ourselves, our heirs, 
 executors and administrators, firmly by these presents. Sealed 
 with our seals, and dated this day of 18 &c. 
 
 Whereas the above bounden A. B. has been chosen (or appoint 
 ed, as the case may be,) collector of the above mentioned school 
 district number in the town of in conformity to the 
 
 statutes relating to common schools ; now, therefore, the condition 
 of this obligation is such that if he the said A. B. shall well and 
 truly collect and pay over all moneys received by him as such col 
 lector and shall in all respects duly and faithfully execute all the 
 duties of his office as collector of such district, then this obligation 
 hall be void, otherwise to be in full force and virtue. 
 
 Signed, sealed and delivered, in the presence of 
 
 A. B. [L. s.l 
 
 SP&tei 
 
258 
 CHAPTER V. 
 
 DISTRICT CLERK. 
 
 THE general duties of this officer are particularly specified ia 
 74 of the school act, (No. 102.) He is to keep, in a book to be 
 provided by the district, a record of the proceedings of each an 
 nual and special meeting held in his district : to give notice of the 
 time, place and object of such meetings in the manner prescribed 
 by law, and to preserve all records, books and papers relating to 
 the district, and deliver the same, on the expiration of his official 
 term, to his successor. 
 
 By 66 of the Laws of 1847, (No. 88,) he is to notify a spe 
 cial meeting for the election of officers, whenever the time for hold 
 ing the annual meeting has passed without such election being 
 held ; and generally it his duty to give the necessary legal notices 
 of a district meeting, whenever required to do so by a majority of 
 the trustees. The purpose and object of such meetings should it 
 all cases be set forth in general terms ; and this is specially requi 
 red by law, when a meeting is called for the purpose of changing 
 the site and removing the school-house in an unaltered district. 
 [See No. 95.] And also when a tax is to be levied for the pur 
 chase of books for a district library. 
 
 By 69, (No. 91,) it is declared that - the proceedings of no 
 district meeting, annual or special, shall be held illegal for want of 
 a due notice to all the persons qualified to vote thereat, unless it 
 shall appear that the omission to give such notice was wilful and 
 fraudulent." But this provision will not exonerate a clerk from li 
 ability for gross neglect ; nor will it sanction an intentional omis 
 sion to give notice. 
 
 Notices of annual and special meetings must be given at least 
 five days before the day on which such meetings are directed to 
 be held ; that is, the notices for a meeting to be held on Saturday 
 for instance, must be given on or before the preceding Monday. 
 
 In the case of annual meetings, or special meetings which have 
 been adjourned for a longer time than one month, a notice in wri 
 ting, affixed in at least four public places in the district, is sufficient, 
 but notices of special meetings must be personally served on each 
 inhabitant of the district liable to pay taxes, (which includes, of 
 course, every legal voter in the district,) " by reading the notice ia 
 the hearing of such inhabitant, or in case of his absence from home, 
 by leaving a copy thereof, or so much thereof as relates to the 
 time and place of such meeting, at the place of his abode. ( 55, 
 No. 77.) 
 
 Form of Notice for Annual Meeting. 
 
 Notice is hereby given, that the annual meeting for the electioa 
 of officers in District No. in the town of ^ 
 
259 
 
 if -- 1 > HT V !~a> -f* t. S. J 
 
 and for the transaction of such other business as the meeting may 
 deem necessary, will be held at the school-house in said district on 
 Monday, the day of at six o clock, P. M. 
 
 Dated this day of 
 
 A. B., District Clerk. 
 
 Form of a Notice for an adjourned District Meeting, to be posted 
 up in four public places in the District. 
 
 SCHOOL DISTRICT NOTICE. 
 
 Notice is hereby given, that a meeting of the freeholders and in 
 habitants of school district No. in the town of 
 authorized by law to vote therein, will be held at on the 
 day of next, [or instant, as the case may be,] 
 at o clock in the noon, pursuant to adjournment. 
 Dated this day of A. D. 18 . 
 
 A. B. District Clerk. 
 
 Form of a Notice for a Special District Meeting. 
 
 To the clerk of district number 
 
 The trustees of district number at a meeting held for 
 
 the purpose, have resolved that a special meeting be called at the 
 school-house, on the day of 18 at o clock 
 
 in the noon of that day, for the purpose of (choosing a col 
 
 lector in the place of A. B., removed, or whatever the object of the 
 meeting may be,) and for the transaction of such other business as 
 the meeting may deem necessary. 
 
 You will therefore notify each inhabitant of the district entitled 
 to vote therein, by reading this notice in his hearing, or if he is ab 
 sent from home, by leaving a copy of it, or so much as relates to the 
 time and place of meeting, at the place of his abode, at least five 
 days before such meeting. 
 
 Dated at this day of 18 -w, 
 
 A. B.) 
 
 C. D. Y Trustees. 
 E. F.) 
 
 The district clerk of each school district in this state, is, by a 
 regulation of the department, required within ten days after each 
 annual or special meeting for the election of officers in his district, 
 to forward to the town clerk, the names of the several officers 
 elected at such meeting, and the offices to which they were respec 
 tively elected. The omission to do so, however in no respect in 
 validates the election or proceedings of the officers so chosen. 
 
 In pursuance of 32, of the act of 1841, the District School 
 Journal is forwarded by mail, to the clerk of each district, whose 
 duty it is, by that section, to cause each volume to be bound at the 
 expense of the district, and to deposit the same in the district li 
 brary. He or one of the trustees is therefore bound to take the 
 paper from the post-office, punctually, paying the postage, quar. 
 
260 
 
 terly in advance : and the amount so paid, being an expenditure 
 authorized by law, may be added by the trustees to any tax list 
 thereafter made out for district purposes, and refunded to the clerk, 
 or trustee paying it. Great care should be taken to secure the 
 regular receipt and careful preservation of the numbers, which will 
 be sent on the first of each month ; and with this view, the clerk 
 should stitch them together in covers, as soon as they arrive ; and 
 in no case permit them to be taken out of his custody, although 
 any inhabitant of the district should be allowed free access to them, 
 for the purpose of perusal, at all proper hours. The same precau 
 tions should be observed, and the same freedom of access and per 
 usal allowed, in respect to the volume of Laws and Instructions, 
 the volume of Common School Decisions and Laws heretofore pub 
 lished, and all other books, papers and documents belonging to the 
 district, and placed under his official control. 
 
 They will observe that heavy penalties and forfeitures are incur 
 red by them, under 145 of the act of 1847, (No. 168,) for neglect 
 of any duty devolved upon them by law; and that they are made 
 individually responsible for any loss that may accrue to their dis 
 trict, in consequence of such neglect, or omission. 
 
 CHAPTER VL 
 
 COLLECTORS OF SCHOOL DISTRICTS. 
 
 IT is the duty of the collector of each district to collect and pay 
 over to the trustees of his district, some or one of them, all moneys 
 which he shall be required by warrant to collect, within the time 
 limited by such warrant for its return, and to take the receipt of 
 Buch trustee or trustees, for such payment. 
 
 When required by the trustees, such collector is to execute a 
 bond with one or more sureties, for the due and faithful perform 
 ance of his duty. 
 
 1. JURISDICTION OP THE COLLECTOR. 
 
 By 103, of the act of 1847, (No. 126,) the jurisdiction of the 
 eollector in the execution of his warrant, extends to any other dis 
 trict or town in the same county, or in any other county in the 
 case of a joint district composed of parts of two or more counties, 
 "in the same manner, and with the Hke authority, as in the dis 
 trict for which he was chosen or appointed." 
 
 2. MODE OF PROCEEDING IN THE COLLECTION OF TAXES. 
 
 By various provisions of the school act collectors are authorized 
 and required, in the execution of warrants, delivered to them for 
 the collection of tax lists to collect the amount due from the re 
 spective persona named in such warrants, in the same manner that 
 
261 
 
 collectors of towns are authorized to collect town and county tare*. 
 This is specifically pointed out by the following extracts from the 
 13th chapter of the first volume of the Revised Statutes, (page* 
 397, 398.) 
 
 " 1 . Every collector, upon receiving the tax list and warrant, 
 shall proceed to collect the taxes therein mentioned, and for that 
 purpose shall call at least once on the person taxed, or at the 
 place of his usual residence, if in the town or ward for which such 
 collector has been chosen, and shall demand payment of the taxes 
 charged to him on his property. 
 
 " 2. In case any person shall refuse or neglect to pay the tax 
 imposed on him, the collector shall levy the same by distress and 
 sale of the goods and chattels of the person who ought to pay the 
 same, or of any goods and chattels in his possession, wheresoever 
 the same may be found within the district of the collector ; and no 
 claim of property to be made thereto by any other person shall be 
 available to prevent a sale. 
 
 " 3. The collector shall give public notice of the time and place 
 of sale, and of *he property to be sold, at least six days previous to 
 the sale, by advertisements to be posted up in at least three public 
 places in the town where such sale shall be made. The sale shall 
 be by public auction. 
 
 " i. If the property distrained shall be sold for more than the 
 amount of the tax, the surplus shall be returned to the person in 
 whose possession such property was when the distress was made, 
 if no claim be made to such surplus by any other person. If anj 
 other person shall claim such surplus on the ground that the prop 
 erty sold belonged to him, and such claim be admitted by the per 
 son for whose tax the same was distrained, the surplus shall be 
 paid to such owner ; but if such claim be contested by the persoa 
 for whose tax the property was distrained, the surplus moneys shall 
 be paid over by the collector to the supervisor of the town, who 
 shall retain the same until the rights of the parties shall be deter 
 mined by due course of law." 
 
 " No replevin shall lie for any property, taken by virtue of any 
 warrant for the collection of any tax, assessment or fine, in pursu 
 ance of any statute of this state." 2d R. S. page 522, sec. 4. 
 
 These provisions must, however, be subject to the action of con 
 gress, on a subject which by the Constitution is within its jurisdic 
 tion. The constitution in express terms gives to congress the 
 power " to provide for organizing, arming and disciplining the 
 militia." 
 
 By the act of congress of May 8, 1792, vol. 2, Laws of the U. 
 S. 298,) every citizen enrolled in the militia is required to provide 
 himself with the following accoutrements, viz : " a good musket or 
 firelock, a sufficient bayonet and belt, two spare flints and a knap 
 sack, a pouch with a box therein, to contain not less than twenty- 
 four cartridges suited to the bore of his musket or firelock, eack 
 cartridge to contain a proper quantity of powder and ball ; or with 
 
262 
 
 a good rifle, knapsack, shot pouch and powder horn, twenty balk 
 suited to the bore of his rifle, and a quarter of a pound of powder :" 
 ad the commissioned officers are required to be armed with a 
 sword or hanger, or espntoon ; and it is declared that * every 
 aitizen so enrolled and providing himself with the arms, ammuni 
 tion and accoutrements required as aforesaid, shall hold the same 
 txempted from all suits, distresses, executions or sales for debt or 
 for the payment of taxes" 
 
 By the laws of this state (chap. 6, part 3, title 5, 22, vol. 2, 
 R. S.) the " arms and accoutrements required by law to be kept 
 by any person," as well as a variety of other articles therein spe 
 cified, are exempt from execution but not from distress from taxes. 
 The only exemption, therefore, from the operation of a collector s 
 warrant on a tax list, arises under the act of Congress be 
 fore quoted ; and this can only be extended to the arms, ammu 
 nition and accoutrements therein specified. 
 
 In the collection of warrants on rate-bills, all property exempted 
 by section 22 of article two, title five, chapter six of part three of 
 the Revised Statutes, is exempt from levy and sale on such war 
 rants. For the extent of such exemption see ante pages 215, 216. 
 
 The collector or other officer who executes process, has peculiar 
 protection. He is protected, although the court or officer issuing 
 such process, have not, in fact, jurisdiction of the case ; if on the 
 face of the process it appears that such court or officer had juris 
 diction of the subject matter, and nothing appears in such process 
 to apprise the officer but that there was jurisdiction of the person 
 of the party affected by the process. Savacool vs. Boughton, 5 
 Wendell s Reports, 170. 
 
 By 100, (No. 123,) of the school act, it is the duty of the 
 tollector, upon receiving his warrant, for two successive weeks to 
 receive such taxes as may be voluntarily paid to him ; and in case 
 the whole amount shall not be so paid in, the collector shall forth 
 with proceed to collect the same. He shall receive for his services, 
 en all sums paid as aforesaid, one per cent, and upon all sums col 
 lected by him after the expiration of the time mentioned, five per 
 cent ; and in case a levy and sale shall be necessarily made by 
 such collector, he shall be entitled to travelling fees, at the rate of 
 six cents per mile, to be computed from the school house in such 
 district. 
 
 Where trustees receive payments on tax lists or rate-bills, they 
 are regarded as receiving the same as the agents of the collector ; 
 and the latter is entitled to his percentage on the amount so re 
 ceived, and may legally collect it by virtue of his warrant. The 
 collector is also entitled to his percentage on the amount paid by 
 the trustees, notwithstanding no actual exchange of funds is made 
 between the latter and the former. Per YOUNG, Superintendent 
 1843. 
 
 A teacher, if otherwise eligible, may be collector ; but he cannot 
 tharge a percentage on voluntary payments of his own wages. 
 Id. 
 
263 
 
 Where a collector levies upon and sells property for the payment 
 f a tax list and the owner of the property refuses to receive the 
 excess beyond an amount sufficient to satisfy the warrant, the col 
 lector must retain the amount in his own hands, and rely upon his 
 plea of tender. Com. Sch. Dec., 217. 
 
 In the execution of his warrant, the collector should aim to take 
 property amply sufficient to satisfy the amount he is required to 
 eollect, and no more. He is not bound to take any particular ar 
 ticle of property which may be offered : but if at the request of the 
 owner, he were to take and sell property worth ten times the 
 amount required to be raised, such request would constitute a valid 
 answer to the charge of making an excessive distress. Id. 219. 
 
 Where, by the neglect of a collector, moneys which might have 
 been collected by him within the time limited, are lost to the dis 
 trict, he is liable for the amount, whether he has given a bond to 
 the trustees or not. The bond is an additional security ; but if it is 
 act required of him, he is not released from any obligation which 
 the law imposes on him. Id. 308. 
 
 So, where a warrant runs out in his hands, he is answerable for 
 any loss arising from his neglect, notwithstanding such warrant 
 may have been afterwards renewed and delivered to his successor. 
 Id. 
 
 A trustee of a school district cannot hold the office of collector. 
 The same objection is not applicable to the district clerk ; although, 
 as the law has created separate offices, it is better to carry out its 
 intention strictly, by conferring them on different individuals. Id. 
 142. 
 
 If the warrant annexed to a rate-bill, or tax list, is signed by a 
 majority of the trustees, it is sufficient for the protection of the col 
 lector, although the third trustee was not,in fact, present, or consul 
 ted. Id. 328. 
 
 Where a warrant is renewed by the trustees, the collector in 
 ffice at the time of such renewal, must execute it. Id. 47. 
 
 Where a warrant is issued for the collection of a tax which has 
 not been legally assessed, according to the last assessment roll of 
 the town, or otherwise, or where the trustees have included in the 
 tax list persons not liable to be so included, such warrant is a pro 
 tection to the collector, notwithstanding the trustees might be an 
 swerable in trespass. Id. 282. 
 
 A collector cannot legally sell property after the expiration of 
 kis warrant, unless such warrant is renewed, notwithstanding a 
 previous levy. Id. 286. 
 
 Where the collector, in the execution of a warrant, receives 
 money current at the time of its receipt, but which subsequently 
 becomes depreciated or valueless, before payment to the trustees, 
 the district, and not the collector, must lose the amount. Per 
 SPENCER, Sup t, 1841. 
 
 The collector can pay over money collected by him only to the 
 trustees, or on their order. Per Dix ? Sup t, 1838. 
 
264 
 
 Trustees have no power to indemnify a collector for improperly 
 selling property under their warrant. Id. 
 
 The representatives of a deceased person are not entitled to anjf 
 delay in the payment of a rate-bill, or tax list, but are bound to 
 pay on demand : and on refusal or neglect, the collector may pro 
 ceed to sell any property found on the premises. By 27, sub. 2, 
 2 R. S. 28, taxes of all kinds have preference to any other demand. 
 Per SPENCER, Sup t, 1840. 
 
 Where a collector levies upon property out of his district, h 
 should put up notices of the sale of such property, as well in tke 
 district where the sale is to take place as in that of his resident. 
 Per YOUNG, Sup t, 1842. 
 
 CHAPTER VII. 
 
 LIBRARIAN. 
 
 This officer is to be chosen at the annual meeting of the dif- 
 trict. In case the inhabitants neglect at such meeting to choose 
 offices, the district clerk becomes ex-officio librarian, until the 
 vacancy is filled by the trustees, or by the inhabitants, at their 
 next annual meeting. 
 
 By section 137, Laws of 1847, (No. 156,) " The librarian of 
 any district library shall be subject to the directions of the trustees 
 thereof, in all matters relating to the preservation of the booki 
 and appurtenances of the library, and may be removed from office 
 by them for wilful disobedience of such directions, or for any wil 
 ful neglect of duty." 
 
 By section 139, of the same act, (No. 158,) " A set of general 
 regulations respecting the preservation of school district libraries, 
 the delivery of them by librarians and trustees to their successors 
 in office, the use of them by the inhabitants of the district, th 
 number of volumes to be taken by any one person at any one 
 time, or during any term, the periods of their return, the fines and 
 penalties that may be imposed by the trustees of such libraries 
 for not returning, losing or destroying any of the books therein, 
 or for soiling, defacing or injuring them, may be framed by the 
 Superintendent of common schools, and printed copies thereof 
 shall be furnished to each school district of the state ; which re 
 gulations shall be obligatory upon all persons and officers having 
 charge of such libraries, or using or possessing any of the books 
 thereof. Such fines may be recovered in an action of debt in th 
 name of the trustees of any such library, of the person on whom 
 they are imposed, except such person be a minor ; in which case 
 they may be recovered of the parent or guardian of such minor, 
 unless notice in writing shall have been given by such parent or 
 guardian to the trustees of such library, that they will not be res- 
 
265 
 
 ponsible for any books delivered such minor. And persons witk 
 whom minors reside shall be liable in the same manner, and to 
 the same extent, in cases where the parent of such minor does not 
 reside in the district" 
 
 By 141, (No. 160,) "The legal voters in any two or more ad- 
 jo ning districts may, in such cases as shall be approved by the 
 town Superintendent of common schools, unite their library moneys 
 and funds as they shall be received or collected, and purchase ft 
 joint library for the use of the inhabitants of such districts, whick 
 shall be selected by the trustees thereof, or by such persons as 
 they shall designate, and shall be under the charge of a librarian 
 to be appointed by them ; and the foregoing provisions of this act 
 shall be applicable to the said joint libraries, except that the pro 
 perty in them shall be deemed to be vested in all the trustees for 
 the time being of the districts so united. And in case any such 
 district shall desire to divide such library, such division shall be 
 made by the trustees of the two district whose libraries are so 
 united, and in case they cannot agree, then such division shall be 
 made by three disinterested persons, to be appointed by the Super 
 intendent of common schools. 
 
 !By the regulations of the Superintendent made in pursuance of 
 this provision, the librarian is required, whenever any library is 
 purchased and taken charge of by him to make out a full and com 
 plete catalogue of all the books contained therein. At the foot 
 of each catalogue lie is to sign a receipt in the following form. 
 
 I, A. B., do hereby acknowledge that the books specified in the 
 preceding catalogue have been delivered to me by the trustees of 
 school district No. in the town of to be safely kept by 
 
 me as librarian of the said district for the use of the inhabitants 
 thereof, according to the regulations prescribed by the Superintend 
 ent of common schools, and to be accounted for by me according to 
 tlie said regulations to the trustees of the said district, and to be 
 delivered to my successor in office. Dated, &c. 
 
 A correct copy of the catalogue and receipt is then to be made 
 to which the trustees are to add a certificate in the following 
 form : 
 
 We the subscribers, trustees of school district No. in the 
 
 town of do certify that the preceding is a full and complete 
 
 catalogue of books in the library of the said district now in posses 
 sion of A. B., the librarian thereof, and of his receipt thereom. 
 Given under our hands this day of 18 
 
 The catalogue having the librarian s receipt, is to be delivered 
 to the trustees, and a copy having the certificate of the trustees, is 
 to be delivered to the librarian for his indemnity. 
 
 Whenever books are added to the library, a catalogue with a 
 similar receipt by the librarian is be delivered to to the trustees, 
 and a copy with a certificate of the trustees that it is a copy of 
 
266 
 
 the catalogue delivered them by the librarian, is to be furnished 
 to him. Every catalogue received by trustees is to be kept by them 
 arefully among the papers of the district and to be delivered to 
 their successors in office. 
 
 Whenever a new librarian shall be chosen, all the books are to 
 be called in. For this purpose the librarian is to refuse to deliver 
 eut any books for fourteen days preceding the time so prescribed 
 for collecting them together. At these periods, they must make a 
 careful examination of the books, compare them with the catalogue, 
 and make written statements in a column opposite the name of 
 each book, of its actual condition, whether lost or present, and 
 whether in good order or injured, and if injured, specifying in 
 general terms, the extent of such injury. This catalogue, with 
 the remarks, is to be delivered to the successors of the trustees, to 
 fee kept by them ; a copy of it is to be made out, and delivered to 
 the new librarian with the library, by whom a receipt in the form 
 above prescribed is to be given, and to be delivered to the trustees. 
 Another copy certified by them as before mentioned, is to be de 
 livered to the librarian. 
 
 Trustees, on coming into office, are to attend at the library . for 
 the purpose of comparing the catalogue with the books. They are 
 At all times when they think proper, and especially on their com 
 ing into office, to examine the books carefully, and note such as 
 are missing or injured. For every book that is missing, the libra 
 rian is accountable to the trustees for the full value thereof, and 
 for the whole series of which it formed a part : such value to be 
 determined by the trustees. He is accountable also for any in 
 jury which a book may appear to have sustained, by being soiled, 
 defaced, torn, or otherwise. And he can be relieved from such 
 accountability only, by the trustees, on its being satisfactorily shown 
 to them that some inhabitant of the district has been charged or is 
 chargeable for the book so missing, or for the amount of the injury 
 so done to any work. It is the duty of the trustees to take prompt 
 and efficient measures for the collection of the amount for which 
 any librarian is accountable. 
 
 The librarian must cause to be pasted in each book belonging 
 to the library, a printed or written label, or must write in the first 
 blank leaf of each book, specifying that the book belongs to the 
 library of school district No. in the town of , naming 
 
 the town and giving the number of the district ; and he is on no 
 account to deliver out any book which has not such printed or 
 written declaration in it. He is also to cause all the books to be 
 overed with strong wrapping paper, on the back of which is to 
 be written the title of the book, and its number in large figures. 
 As new books are added, the numbers are to be continued, and 
 they are in no case to be altered ; so that if a book be lost, its num 
 ber and title must still be continued on the catalogue, with a note 
 that it is missing. 
 
267 
 
 The librarian must keep a blank book, that may be made by 
 stitching together half a dozen or more sheets of writing paper. 
 Let those be ruled across the width of the paper so as to leave five 
 olumns of the proper size for the following entries, to be written 
 lengthwise of the paper; in the first column, the date of the de 
 livery of any book to any inhabitant ; in the second, the title of 
 the book delivered, and its number ; in the third, the name of the 
 person to whom delivered ; in the fourth, the date of its return ; 
 and in the fifth, remarks, respecting its condition, in the following- 
 form : 
 
 Time of delivery. 
 
 Title cfc No. Book. 
 
 To whom. 
 
 When returned. 
 
 Condition. 
 
 1839, June 10. 
 
 History of Va. 43. 
 
 T. Jones. 
 
 20th June. 
 
 Good. 
 
 As it will be impossible for the librarian to keep any trace of 
 the books without such minutes, his own interest to screen himself 
 from responsibility, as well as his duty to the public, will, it is to 
 be hoped, induce him to be exact in making his entries at the time 
 any book is delivered ; and when it is returned, to be equally exact 
 in noticing its condition, and making the proper minute. 
 
 A fair copy of the catalogue should be kept by the librarian, to 
 be exhibited to those who desire to select a book ; and if there be 
 room, it should be fastened on the door of the case. 
 
 REGULATIONS CONCERNING THE USE OF THE BOOKS IN DISTRICT 
 LIBRARIES PRESCRIBED BY THE SUPERINTENDENT OF COMMON 
 SCHOOLS PURSUANT TO THE THIRD SECTION OF THE " ACT RE 
 SPECTING SCHOOL DISTRICT LIBRARIES, " PASSED APRIL 15, 1839, 
 
 I. The librarian has charge of the books and is responsible 
 for their preservation and delivery to his successor. 
 
 II. A copy of the catalogue required to be made out by 
 Article III, and IV. of Regulations No. 1, is to be kept by the 
 librarian, open to the inspection of the inhabitants of the district 
 at all reasonable times. It will be found convenient to affix a 
 copy of it on the door of the book-case containing the library. 
 
 III. Books are to be delivered as follows: 
 1st. Only to inhabitants of the district. 
 
 2d. One only can be delivered to an inhabitant at a time, and 
 any one having a book out of the library must return it before 
 he can receive another. 
 
 3d. No person upon whom a fine has been imposed by the trus 
 tees under these regulations, can receive a book while such 
 fine remains unpaid. 
 
 4th. A person under age cannot be permitted to take out a book 
 unless he resides with some responsible inhabitant of the dis 
 trict ; nor can he then receive a book if notice has been given 
 by his parent or guardian or the person with whom he resides, 
 that they will not be responsible for books delivered such 
 
268 
 
 5th. Each individual residing in the district, of sufficient age to 
 read the books belonging to the library, is to be regarded a* 
 an inhabitant, and is entitled to all the benefits and privileges 
 conferred by the regulations relative to district libraries. Min- 
 ors will draw in their own names, but on the responsibility of 
 their parents or guardians. 
 
 6th. Where there is a sufficient number of volumes in the library 
 to accommodate all residents of the district who wish to borrow, 
 the librarian should permit each member of a family to take 
 books, as often as desired, so long as the regulations are punctu 
 ally and fully observed. But where there are not books enough, 
 to supply all the borrowers, the librarian should endeavor to ao- 
 commodate as many as possible, by furnishing each family in 
 proportion to the number of its readers or borrowers. 
 
 IV. Every book must be returned to the library within twenty 
 days after it shall have been taken out, but the same inhabitant 
 may again take it, unless application has been made for it, while it 
 was so out of the library, by any person entitled, who has not pre 
 viously borrowed the same book, in which case such applicant shafl 
 have a preference in the use of it. And where there have been 
 several such applicants, the preference shall be according to the 
 priority in time of their applications, to be determined by the libra 
 rian. Upon application to the Superintendent, the time for keep 
 ing books out of the library will be extended to a period not ex 
 ceeding twenty-eight days, where sufficient reasons for such exten- 
 tension are shown. 
 
 V. If a book be not returned at the proper time, the librarian 
 is to report the fact to the trustees ; and he must also exhibit to 
 them every book which has been returned injured by soiling, de 
 facing, tearing or in any other way, before such book shall again b 
 loaned out, together with the name of the inhabitant in whose pos 
 session it was when so injured. 
 
 VI. The trustees of school districts being, by virtue of then- 
 office, trustees of the library, are hereby authorized to impose the 
 following fines : 
 
 1st. For each day s detention of a book beyond the time allowed 
 by these regulations, six cents, but not to be imposed for more 
 than ten days detention. 
 
 2d. For the destruction or loss of a book, a fine equal to the full 
 value of the book, or of the set, if it be one of a series, with the 
 addition to such value of ten cents for each volume. And on 
 the payment of such fine, the party fined shall be entitled to the 
 residue of the series. If he .has also been fined for detaining 
 such book, then the said ten cents shall not be added to the 
 value. 
 
 3d. For any injury which a book may sustain after it shall be ta 
 ken out by a borrower, arid before its return, a fine may be im 
 posed of six cents for every spot of grease or oil upon the cov 
 er, or upon any leaf of the volume ; for writing in or defacing 
 
269 
 
 any book, not less than ten cents, nor more than the value of the 
 book ; for cutting or tearing the cover or the binding, or any 
 leaf, not less than ten cents, nor more than the value of the 
 book. 
 
 4th. If a leaf be torn out, or so defaced or mutilated that it can 
 not be read, or if anything be written in the volume, or any oth 
 er injury done to it, which renders it unlit for general circula 
 tion, the trustees will consider it a destruction of the book, and 
 shall impose a fine accordingly, as above provided, in case of loss 
 of a book. 
 
 5th. When a book shall have been detained seven days beyond 
 the twenty days allowed by these regulations, the librarian shall 
 
 five notice to the borrower to return the same within three days. 
 f not returned at that time, the trustees may consider the book 
 lost or destroyed, and may impose a fine for its destruction in 
 addition to the fines for its detention. 
 
 VII. But the imposition of a fine for the loss or destruction of 
 a book, shall not prevent the trustees from recovering such book in 
 an action of replevin, unless such fine shall have been paid. 
 
 VIII. When, in the opinion of the librarian, any fine has been 
 incurred by any person under these regulations, he may refuse to 
 deliver any book to the party liable to such fine, until the decision 
 of the trustees upon such liability be had. 
 
 IX. Previous to the imposition of any fine, two days written 
 or verbal notice is to be given by any trustee, or the librarian, or 
 any other person authorized by either of them, to the person char 
 ged, to show cause why he should not be fined for the alleged of 
 fence or neglect ; and if within that time good cause be not shown 
 the trustees shall impose the fine herein prescribed. No other ex 
 cuse for an extraordinary injury to a book, that is for such an in 
 jury as would not be occasioned by its ordinary use, should be re 
 ceived, but the fact that the book was as much injured when it was ta 
 ken out by the person charged, as it was when he returned it. As 
 such loss must fall on some one, it is more just that it should be borne 
 by the party whose duty it was to take care of the volume, than 
 by the district. Negligence can only be prevented, and disputes 
 can only be avoided, by the adoption of this rule. Subject to these 
 general principles the imposition of all, or any of these fines, is 
 discretionary with the trustees, and they should ordinarily be im 
 posed only for wilful or culpably negligent injuries to books, or 
 where the district actually sustains a loss or serious injury. Rea 
 sonable excuses for the detention of the books beyond twenty days 
 should in all cases be received. 
 
 X. It is the special duty of the librarian to give notice to the 
 borrower of a book that shall be returned injured, to show cause 
 why he should not be fined. Such notice may be given to the 
 agent of the borrower who returns the book, and it should always 
 be given at the time the book h returned. 
 
270 
 
 XL The librarian is to inform the trustees of every notice giv 
 en by him to show cause against the imposition of a fine ; and they 
 shall assemble at the time and place appointed by him, or by any 
 notice given by them, or any one of them ; and shall hear the 
 charge and defence. They are to keep a book of minutes, in which 
 every fine imposed by them and the cause, shall be entered and 
 signed by them, or the major part of them. Such original min 
 utes, or a copy certified by them, or the major part of them, or 
 by the clerk of the district, shall be conclusive evidence of the fact 
 that a fine was imposed as stated in such minutes, according to these 
 regulations. 
 
 XII. It shall be the duty of trustees to prosecute promptly for 
 the collection of all fines imposed by them. Fines collected for the 
 detention of books, or for injuries to them, are to be applied to de 
 fray the expense of repairing the books in the library. Fines col 
 lected for the loss or destruction of any book, or of a set or series of 
 books, shall be applied to the purchase of the same or other suitable 
 books. 
 
 XIII. These regulations being declared by law " obligatory up 
 on all persons and officers having charge of such libraries, or using 
 or possessing any of the books thereof," it is expedient that they 
 should be made known to every borrower of a book. And for that 
 purpose, a printed copy is to be affixed conspicuously on the case 
 containing any library, or on one of such cases, if there be several ; 
 and the librarian is to call the attention to them of every person, on 
 the first occasion of his taking out a book. 
 
 The offices of trustee and librarian are incompatible, and cannot 
 be held by the same person. 
 
 CHAPTER VIII. 
 
 TEACHERS. 
 
 By 104, (No. 129,) the trustees of each district are to provide 
 a book, in which the teachers are to enter the names of the scholars 
 attending school, and the number of days they shall have respect 
 ively attended, and also the number of times the school shall have 
 been inspected by the town superintendent. This list is to be ver 
 ified by the oath of the teacher. 
 
 The strict and faithful performance of this duty is highly impor 
 tant, not only to the district but to the teacher. It is the basis up 
 on which the rate-bills are to be made out, and by which the sums 
 to be paid by parents are to be ascertained. Error in these lists 
 will therefore produce injustice. It has been held by this depart 
 ment, that the teacher is not entitled to call on the trustees for his 
 wages, unless he furnishes them an accurate list of scholars,on which 
 they can prepare the rate-bills and issue their warrant. Hence the 
 
271 
 
 teacher has a direct personal interest in the preservation of an ac 
 curate list, which he can verify by his oath. 
 
 For the purpose of executing this provision, the teacher will write 
 the following heading or caption in his book, at the commencement 
 of each quarter : 
 
 A list of the scholars who attended the district school of district 
 No. in the town of daring the quarter or terra 
 
 commencing the day of 185 , and the number of 
 
 days they respectively attended the same. 
 
 Time of entrance. 
 
 Name of scholar. 
 
 No. of days attendance. 
 
 Nov. 1, 1851, 
 Dec. 1, 
 Dec. 4, " 
 
 John Thompson, 
 Peter Barker, 
 James Thomas, 
 
 Seventy-eight, 
 Forty-three, 
 Forty, 
 
 78 days. 
 43 " 
 
 40 
 
 At the time any pupil enters the schools, the teacher should im 
 mediately insert the date and the name of the scholar. At the 
 close of the quarter, the whole number of days that each pupil at 
 tended is to be ascertained, from the check roll, and entered in the 
 third column, in words at length, and also in figures, as in the above 
 form. 
 
 Each teacher, at the commencement of every quarter, must pro 
 vide a day or check roll, in which the name of every scholar is to 
 be entered. It should be ruled so as to give six columns, corres 
 ponding to the number of days in the week. The number attend 
 ing should be ascertained each half day, and pencil marks made ia 
 the column for the day opposite to the name of each one present. 
 At the end of the week, the number of days each pupil has attend 
 ed during the week should be summed up and entered on the week 
 ly roll. Each half day s attendance should be noted, and two half 
 days should be reckoned as one day. The pencil marks on the day 
 loll may be obliterated, so that the same roll may be used during 
 the quarter. The weekly roll should be formed in the same man 
 ner, so as to contain the names of the pupils, and thirteen columns 
 ruled, corresponding to the number of weeks in the quarter. In 
 each of these columns is to be entered the result of the daily check 
 roll for each week, in the following form : 
 
 Weekly Roll 
 Attendance of pupils in district school of district No. 
 
 Names 
 of 
 pnpils. 
 
 1st week. 
 
 2d week. 
 
 3d week. 
 5 days. 
 
 4th week. 
 
 5th week 
 
 J. Tho n, 
 
 6 days. 
 
 4 days. 
 
 6 days. 
 
 5J days, 
 
372 
 
 At the end of the quarter, the teacher will sum up the attendan- 
 es of each pupil from this weekly roll, and enter the result in the 
 book provided by the trustees as before mentioned, showing the 
 whole number of days each scholar has attended during the quar 
 ter. 
 
 At the end of the list, the following oath or affirmation is to be 
 written : 
 
 A. B., being duly sworn, (or affirmed) deposes, that the forego 
 ing is a true and accurate list of the names of the scholars who at 
 tended the district school of district No. in the town of 
 
 during the quarter commencing the day of 
 
 185 , and the number of days they respectively attended. 
 
 This oath or affirmation is to be signed by the teacher, and certi 
 fied by a justice of the peace, commissioner of deeds, judge of any 
 court of record, town superintendent, or county clerk, to have been 
 taken before him. 
 
 The teachers are also required to make an abstract of the lists 
 for the use of the trustees, at the end of each quarter, showing the 
 results exhibited under the following heads and in the following 
 form : 
 
 Abstract of the attendance of scholars, at the district school of 
 district No. in the town of during the quarter 
 
 ommencing the day of 185 . 
 
 Of scholars who attended less than two months, there were 
 Of scholars who attended two months and less than four, 
 M " four months and less than six, 
 
 " " six months and less than eight, 
 
 " " eight months and less than ten, 
 
 * ten months and less than twelve, 
 
 " " twelve months. 
 
 This abstract is to be signed by the teacher and delivered to the 
 trustees. 
 
 In another part of .the book provided by the trustees, and towards 
 the end of it, the teacher will enter the days on which the school 
 has been inspected, in the form of a memorandum, as follows : 
 
 Account of Inspections of the School in District No. 
 
 November 1, 1841. The school was inspected by William Jones, 
 town Superintendent. 
 
 December 1, 1841. The school was inspected. 
 
 To this also an oath or affirmation of the correctness must be 
 added, in the following form : 
 
 A. B., being duly sworn, (or affirmed) deposes, that the foregoing 
 
 is a true account ot the days on which the school in District No. 
 
 , in the town of , was visited and inspected by the 
 
273 
 
 town superintendent, during the quarter commencing on the 
 day of 185 . 
 
 Teacher. 
 
 Sworn (or affirmed) and subscribed this 
 day of 185 , before me. 
 
 Teachers cannot demand payment of their wages until the col" 
 lector has had thirty da} r s to collect them. Com. School Dec. 101* 
 
 A teacher may employ necessary means of correction to maintain 
 order ; but he should not dismiss a scholar from school without con 
 sultation with the trustees. Id. 145. 
 
 If a teacher s certificate is annulled, the trustees are at liberty t 
 dismiss him, and to rescind their contract with him. But if they 
 continue him in school, after notice that his certificate has been an 
 nulled, it will be regarded as such a continuance of the contract, 
 that they will not be allowed at a subsequent period to dispute it-. 
 Id 212 
 
 Contracts by trustees for teachers wages are binding upon 
 successors in office. Id 191, 282. 
 
 Teachers, though not, strictly speaking, inhabitants of the dis 
 trict where they are located, should be allowed to participate in all 
 the privileges and benefits of the district libraries. Per SPENCER, 
 Supt, 1841. 
 
 The convenience and accommodation of many, if not of most of 
 the inhabitants of the several districts, would be essentially pro 
 moted by placing the charge of the library, temporarily with the 
 teacher, during the term of his or her employment, and depositing 
 it in some convenient and safe place in the school-house. This 
 arrangement can only be carried into effect by the concurrence of 
 the trustees and librarian, and under their supervision. Generally, 
 the teacher, not being an inhabitant of the district, cannot be cho 
 sen librarian. But where the trustees and librarian have sufficient 
 confidence in the teacher and in the safety of the books, when left 
 at the school-house, they will find this arrangement in many re 
 spects conducive to the convenience of the district. 
 
 The authority of the teacher to punish his scholars, extends to 
 acts done in the school-room, or play-ground, only ; and he has no 
 legal right to punish for improper or disorderly conduct elsewhere. 
 Per SPENCER, Sup t. 
 
 Teachers may open and close their schools with prayer, and the 
 reading of the Scriptures, accompanied with suitable remarks ; ta 
 king care to avoid all discussion of controverted points, or sectarian 
 dogmas. 
 
 Where a teacher is dismissed by the trustees for good cause, he 
 can collect his wages only up to the period of his dismissal. 
 
 The teacher of a school has necessarily the government of it ; 
 and he may prescribe the rules and principles on which such gov 
 ernment will be conducted. The trustees should not interfere with 
 the discipline of the school except on complaint of misconduct on 
 18 
 
274 
 
 the part of the teacher ; and they should then invariably sustain 
 such teacher, unless his conduct has been grossly wrong. Per 
 SPENCER, Sup t 
 
 Where a teacher agrees to collect his own wages he will be con 
 cluded by such an agreement, and will not afterwards be permitted 
 to call on the trustees to enforce the collection of any part of such 
 bill by rate-bill. Id. 
 
 Where a teacher contracts with the trustees of a district to teach 
 their school for a given sum per scholar, he is entitled to charge the 
 trustees that sum for each scholar attending the school during the 
 quarter, without reference to the number of days attendance ; pro 
 vided such scholar has not been detained from school during the 
 greater portion of the term, by illness or unavoidable casualty. 
 The trustees however, must graduate their rate-bill against the in 
 habitants sending to school, by the number of days attendance, to 
 be ascertained from the verified list of the teacher. Per YOUNG 
 Sup t. 
 
 Schools maybe kept on Sunday for the benefit of those per 
 sons who observe Saturday as holy time , and the teacher must 
 be paid for that day by those who send !o school. Com. School 
 Dec. 138. 
 
 The holydays on which a teacher may dismiss his school are such 
 as it is customary to observe, either throughout the country or in 
 particular localities ; among which may be enumerated the Fourth 
 of July, Thanksgiving, Christmas, New-Year s, &c. Id. 139. 
 
 The teacher may also, unless restrained by special contract to 
 the contrary, dismiss his school on the afternoon of each Saturday, 
 or the whole of each alternate Saturday, according to the particular 
 custom of the district in that respect r or his own convenience and 
 that of the inhabitants. Id. 
 
 The practice of inflicting corporal punishment upon scholars, in 
 any case whatever, has no sanction but usage. The teacher is re 
 sponsible for maintaining good order, and he must be the judge of 
 the degree and nature of the punishment required where his au 
 thority is set at defiance. At the same time he is liable to the par 
 ty injured for any abuse of a prerogative which is wholly derived 
 from custom Per JOHN A. Dix, Sup t. Common School Decisions-? 
 102. 
 
 CHAPTER IX. 
 
 APPEALS TO THE STATE SUPERINTENDENT. 
 
 The cases in which the courts will not entertain jurisdiction of 
 complaints of erroneous proceedings under the school laws, and in 
 which only a certiorari wiii i e, may be inferred from the decision 
 
275 
 
 of the Supreme court in the case of Easton and others, vs Calender, 
 11 Wend. 90. "The plaintiff below was not without his remedy. 
 1 R. S. 487, 110, 111 and the amendment of the law, 20th April 
 1830, provides " that any person conceiving himself aggrieved in con 
 sequence of any decision made by the Trustees of any district in 
 paying any teacher ; or concerning any other matter under the pre 
 sent title," (which includes the whole of the school act,) "may ap 
 peal to the Superintendent of Common Schools, whose decision 
 shall be final." This provision was intended for what it practically 
 is, a cheap and expeditious mode of settling most, if not all, of the 
 difficulties and disputes arising in the course of the execution of the 
 law. A common law certiorari would no doubt lie from this court, 
 to the trustees to bring up and correct any erroneous proceeding 
 not concluded by an adjudication of the Superintendent, or in a 
 case where his powers were inadequate to give the relief to which 
 the party was entitled." 
 
 The passage of several acts of the Legislature renders necessary 
 a revision of the regulations concerning appeals : And the follow 
 ing are therefore substituted for those heretofore established : 
 
 CASES IN WHICH APPEALS MAY BE MADE. 
 
 I. Where any decision has been made by any School District 
 meeting. 
 
 This includes the whole class of cases, in which district meetings 
 have the power to decide on any proposition or motion that may 
 legally be made to them, under any section of the School Act. 
 
 II. Where any decision has been made by the Town Superin 
 tendent of Common Schools, or by him and the Supervisor and 
 Town Clerk, in forming or altering, or in refusing to form or alter 
 any School I Hstrict, or in refusing to pay any school moneys to any 
 district, and under the general provision, " concerning any other 
 matter under the present title," appeals will also lie frcm the pro 
 ceedings of such Town Superintendent in any erroneous distribu 
 tion of public money, in paying it to any district not entitled, or more 
 than it is authorized to receive ; and in fact any official decision, 
 act or proceeding, and from a refusal to discharge any duty imposed 
 by law, or the regulations of the Superintendent, or incident to the 
 duties of his office. 
 
 III. Where any decision has been made by trustees of school 
 districts in paying any teacher, or refusing to pay him, or in refu 
 sing to admit any scholar gratuitously into the school : And under 
 the same general provision referred to, in improperly admitting any 
 scholar gratuitously, in making out any tax list, or rate-bill, or in 
 any act or proceeding whatever, which they undertake to perform 
 officially ; and also for the refusal to discharge any duty enjoined 
 by-law, or any regulation of the Superintendent, or incident to the 
 duties of their office. 
 
276 
 
 IV. Where Town Superintendents have improperly granted or 
 annulled a certificate or qualification to a teacher ; or have refused 
 to grant or annul such certificate ; and where they have underta 
 ken to perform any official act, or refused to discharge any duty im 
 posed by law or under its authority, in the inspection of teachers 
 and visitation of schools. 
 
 V. Where Clerks of Districts, Clerks of Towns, or other min 
 isterial officers, refuse to perform any duty enjoined by the Com 
 mon School Act. 
 
 VI. Where any other matter under the said act, shall be pre 
 sented, either in consequence of disputes between districts respect 
 ing their boundaries, or any other subject ; or in consequence of 
 disputes between any officers charged with the execution of any 
 duties under the laws concerning Common Schools, or disputes be 
 tween them any other person relating to such duties or any of 
 them. 
 
 Under the 140A section "respecting School District Libraries / 
 (No. 159.) 
 
 VII. Appeals may be made from any act or decision of trustees 
 or school districts concerning the Libraries or the books therein, or 
 the use of such books. 
 
 VIII. Any act or decision of the Librarian in respect to the 
 Library. 
 
 IX. Any act or decision of any district meeting in relation to 
 their school library. 
 
 X. Appeals also lies from the acts of Town Superintendents of 
 Common Schools in withholding or paying over library money to 
 any district. 
 
 BY WHOM APPEALS ARE TO BE MADE. 
 
 XII. The person aggrieved by the act complained of, only, can 
 appeal. Generally every inhabitant of a district is aggrieved by 
 the wrongful act or omission of a trustee or town superintendent, by 
 which money or property is disposed of, or not secured for the bene 
 fit of the district. But no one is aggrieved by another being inclu 
 ded in a tax list or rate-bill, although other inhabitants are by the 
 omission of one who should be taxed ; and appeals may be made by 
 trustees, in behalf of their districts whenever they are aggrieved. 
 
 FORM AND MANNER OF PROCEEDING. 
 
 XIII. An appeal must be in writing and signed by the appel 
 lant. When made by the trustees of a district, it must be signed by 
 all the trustees, or a reason must be given for the omission of any, 
 verified by the oath of the appellant, or of some person acquainted 
 with such reason. 
 
 XIV. A copy of the appeal, duly verified, and of all the state 
 ments, maps and papers intended to be presented in support of it, 
 
8TJ? 
 
 . 
 
 277 
 
 r i . iiH v I tftlflbi i "v -Mil ^lol ;*i t feJ:>hUib to 
 
 must be served on the officers whose act or decision is complained 
 of, or some of them ; or if it be from the decision or proceeding of 
 a district meeting, upon the district clerk or one of the trustees, 
 whose duty it is to cause information of such appeal to be given to 
 the inhabitants who voted for the decision or proceeding appealed 
 from. 
 
 XV. Such service must be made within thirty days after the 
 making of the decision, or the performance of the act complained of, 
 or within that time, after the knowledge of the cause of complaint 
 came to the appellant, or some satisfactory excuse must be render 
 ed for delay. 
 
 XVI. The party on whom the appeal was served, must within 
 ten days from the time of such service, answer the same, either by 
 concurring in a statement of facts with the appellant, or by a sepa 
 rate answer. Such statement and answer must be signed by all 
 the trustees, or other officers, whose act, omission or decision is ap 
 pealed from, or a good reason on oath must be given, for the omis 
 sion of the signature of any of them, verified by oath, and a copy 
 of such answer must be served on the appellants, or some one of 
 them. 
 
 XVII. So far as the parties concur in a statement no oath will 
 be required to it. But all facts, maps or papers not agreed upon 
 by them and evidenced by their signature on both sides, must be 
 veritied by oath. 
 
 XVIII. All oaths required by these regulations must be taken 
 before a judge of a court of record, a commissioner of deeds, a 
 justice of the peace, or a town superintendent. 
 
 XIX. A copy of the answer and of all the statements, maps and 
 papers intended to be presented in support of it, must be served 
 upon the appellants, or some one of them, within ten days after 
 service of a copy of the appeal, unless further time be given by the 
 state superintendent, on application, in special cases ; but no re 
 plication or rejoinder shall be allowed, except by permission of the 
 state superintendent, and in reference exclusively to matters arising 
 upon the answer, and which may be deemed by such state super 
 intendent pertinent to the issue : in which case such replication and 
 rejoinder shall be duly verified by oath, and copies thereof served 
 on the opposite party. 
 
 XX. Proof or admission of the service of copies of the appeal, 
 answer and all other papers intended to be used on the hearing of 
 such appeal, must in all cases, accompany the same, 
 
 XXL When any proceeding of a district meeting is appealed 
 from, and when the inhabitants of a district generally are interested 
 in the matter of the appeal, and in all cases where an inhabitant 
 might be an appellant, had the decision or proceeding been the op 
 posite of that which was made or had ; any one of more of such in 
 habitants may answer the appeal, with or without the trustees. 
 
 XXII. Where the appeal has relation to the alteration or form 
 ation of a school district, it must be accompanied by a map, exhib- 
 
278 
 
 iting the site of the school house, the roads, the old and new lines 
 of districts, the different lots, the particular location and distance 
 from the school-houses, of the persons aggrieved ; and their rel 
 ative distance, if there are two or more school-houses in question. 
 Also, a list of all the taxable inhabitants in the district or territory 
 to be affected by the question ; the valuation of the property taken 
 from the last assessment roll, and the number of children between 
 five and sixteen belonging to each person, distinguishing the dis 
 tricts to which they respectively belong. 
 
 XXIII. When the copy of the appeal is served, all proceedings 
 upon or in continuation of the act complained of, or consequent in 
 any way upon such act, must be suspended until the case is decid 
 ed. So where any decision concerning the distribution of public 
 money to one or more districts is appealed from, the town superin 
 tendent must retain the money which is in dispute until the appeal 
 is decided. And where trustees have money in their hands claim 
 ed to belong to any person, or any other district, after the copy of 
 an appeal is served on them in relation to such claim, they must 
 retain such moneys to abide the result, and must not expend them 
 so as to defeat the object of the appeal. 
 
 XXIV. Whenever a decision is made by the superintendent, and 
 communicated to the town superintendent of common schools, re 
 specting the formation, division or alteration of districts, he must 
 cause the decision to be recorded in the office of the town clerk. 
 All other decisions communicated to him, or to the trustees of dis 
 tricts, are to be kept among the official papers of the clerk of the 
 town or district and handed over to his successors ; and the district 
 clerks are required to record all such as come to their hands in the 
 district book kept by them. 
 
 NOTE. By a clerical error in the engrossment of the 1 6th sec 
 tion of Chap. 382 of the laws of 1849, section 132 of Chap. 480, 
 laws of 1847, conferring appellate jurisdiction on the State Super 
 intendent of Common Schools, was inadvertently repealed. The 
 Superintendent has, however, continued to entertain appeals in ac 
 cordance with the regulations above inserted, where such appeals 
 have been submitted by the parties respectively, to his decision. 
 A bill correcting the error in the act of 1849, passed the Assem 
 bly at its last session, and was supposed to have passed the Senate, 
 at the time of the passing of these sheets through the press, in 
 consequence of which, the original section (132) relating to appeals 
 was restored. As there can be little doubt that this section will be 
 re-instated at the ensuing session of the Legislature, it has be en 
 deemed expedient to retain that portion of the instructions relating 
 to appeals, with this explanatory note. 
 
PART IV 
 
 LOCAL LAWS AND REGULATIONS, 
 
 RESPECTING 
 
 COMMON SCHOOLS. 
 
 ALBANY, 
 
 1844, Chap. 128.] 
 
 , 1. The mayor and recorder of the city of Albany, and the Regents of 
 the University residing in said city, shall, without delay, appoint nine per 
 sons, residents of the city of Albany, to be denominated a Board of Com 
 missioners of the District Schools of the city of Albany, who shall be divi 
 ded by lot into three classes, to be numbered one, two and three : the term 
 of office of the first class shall be one year, from the first day of June next ; 
 of the second, two ; and of the third, three years from that day : and three 
 commissioners shall thereafter annually be appointed by the said mayor and 
 recorder of the city of Albany, and the regents of the university residing 
 in said city, in place of those whose terms of office shall expire, who shall 
 liold their office for three years, and until their successors be duly ap 
 pointed. In case of a vacancy in the office of either of the commissioners, 
 during the period for which he or they shall have been respectively appoint 
 ed, the said mayor and recorder of the city of Albany and the regents of 
 the university residing in the said city, shall fill such vacancy, and the person 
 or persons so appointed to fill such vacancy, shall hold the office only for the 
 unexpired term so becoming vacant. 
 
 2. Any member of said board of commissionere may be removed, for 
 ause, from office, by a vote of two-thirds of the persons authorized by the 
 preceding section to appoint such commissioners ; and any vacancy so made 
 shall be filled in the manner already provided. 
 
 3. The board of commissioners shall have power to appoint one of 
 their number president of said board, who shall have the powers usually in 
 cident to such office ; and said board shall have power, and it shall be their 
 duty, to appoint a secretary to said board, who shall perform such duties as 
 the said board from time to time may direct, and who shall receive therefor 
 such compensation, not exceeding one hundred and fifty dollars annually, as 
 the said board shall provide, out of any moneys remaining unexpended in 
 the hands of said board. 
 
280 
 
 *. The board of commissioners shall have power, and it shall be their 
 duty, to contract with and employ the teachers of the district schools of 
 said city ; to remove any teacher upon manifest neglect of duty, or upon 
 violation of his or her contract ; to appoint a collector for the said district 
 schools ; to make out rate bills and exempt indigent children therefrom ; to 
 select and introduce uniform class books into said schools ; to supply indi- - 
 gent pupils with said class books, by using and appropriating for that pur 
 pose a portion of the library money, not exceeding three hundred dollars in 
 any one year ; to appropriate and use, for the purpose of keeping in repair 
 the several libraries of said district schools, for increasing the same, and for 
 piii-chasing maps and apparatus for said schools, a farther portion of said li 
 brary money, not exceeding three hundred dollars annually ; to provide for 
 the instruction of the pupils of said district schools in vocal music, by ap 
 propriating a farther portion of said library money, not exceeding four hun 
 dred dollars annually ; to secure, with whatever may remain unexpended of 
 said library money, the education of such number of indigent pupils from 
 said district schools, in either of the academies or in any normal school of 
 said city, by paying for their tuition therein, as the common council of said 
 city may sanction ; but all children so e lucated shall have been members of 
 said district schools for at least two years ; and neither of such academies 
 shall receive from the distribution of the literature fund, any sum for or on 
 account of such pupils ; and such academies shall, in their annual report to 
 the regents of the university, state the number of such pupils taught there 
 in ; and no portion of said unexpended money shall be so appropriated un 
 til the ordinary expenses of said district schools for libraries and tuition are 
 first satisfied ; to visit the district schools as often as once a quarter ; to 
 hold a meeting of the board once a month, and at the quarterly meetings of 
 said board to require the presence and reports of the several principal 
 teachers of said schools ; to make a semi-annual report of all the acts of 
 said board to the common council, and to make and publish an annual report 
 in two of the daily papers of said city ; and generally to possess the pow 
 ers, discharge the duties and be subject to all of the obligations of the sev 
 eral trustees and other school officers of the said city of Albany, as granted 
 and imposed by the several acts now in force in relation to said district 
 schools of said city. 
 
 5. The board of commissioners shall have power, and it shall be their 
 duty, to make such by-laws and regulations as may be necessary for the pros 
 perity, good order and sound discipline of said district schools ; for the se 
 curity and preservation of the school-houses and other property belonging 
 to said districts ; and generally to cany into effect the provisions of the sev 
 eral school acts of said city ; and when said by-laws and regulations are 
 sanctioned by the persons authorized by this act to appoint said commission 
 ers, they shall take effect, and not before. 
 
 6. All school moneys whatsoever, belonging to said district schools, 
 whether received from the State, raised by tax, or collected on school rates, 
 shall be deposited with the Chamberlain of said city, until drawn, from 
 
 time to time, by duly certified orders of said Board of Commissioners ; and 
 
 all set forth the obj< 
 officers of said board. Provided always, that nothing in this act shall be so 
 
 said orders shall set forth the object of each payment, and be signed by the 
 
 construed as to authorize said board to incur any obligation that shall in 
 crease the taxes of said city. 
 
 [Laws of 1845. Chap. 245.] 
 
 1. The Board of Commissioners of the Albany district schools are hereby 
 authorized to apply any library money, not expended under the fourth sec 
 tion of the act entitled, " An Act amendatory to the several acts relating to 
 district schools in the citv of Albany, passed April 8, 1844, either to th* 
 payment of teachers wages, or to the contingent expenses of the district 
 schools of said city. 
 
281 
 
 [Zawso/1837. Chap. 21 8.] 
 
 9. The school buildings and lots on which the same are erected, HOT 
 belonging to, or that may hereafter belong to any school district in said city 
 of Albany, shall be exempt from all taxes or assessments. 
 [Laws of 1837. Chap. 358.] 
 
 2. The Commissioners of common schools shall apportion annually, on 
 the returns of qualified teachers, for the instruction of the children in the 
 Albany Orphan Asylum for destitute children, their proportion of the pub 
 lic money for the support of schools ; which money, when so apportioned 
 and paid to the trustees of the district, shall be paid to such teachers for 
 teachers wages. 
 
 [Laws of 1837. Chap. 369.] 
 
 9. The Supervisors of the county of Albany, at their annual meeting 
 in each year, shall cause a sum of money, equal to twice the amount of the 
 money apportioned to the city from the common school fund, together with 
 collector s fees, to be raised, levied and collected in the same manner that 
 other taxes are raised, levied and collected ; and when so raised, to be paid 
 to the Chamberlain, for the support of common schools in the city of Alba 
 ny, to be apportioned and distributed, as now provided for by law. 
 
 2. All moneys apportioned by the commissioners of common schools 
 to the trustees of a district which shall have remained in the hands of the 
 Chamberlain for one year after such apportionment, by reason of the trus 
 tees neglecting or refusing to receive the same, shall be added to the moneys 
 next thereafter to be apportioned by the commissioners, and shall be appor 
 tioned and paid therewith and in the same manner. 
 
 3. No school district now formed, or hereafter to be formed, east of 
 Perry street, shall have power to hold a district school meeting, to vote a 
 tax, or to do any act as a district meeting ; nor shall have power to sell or 
 dispose of the district property, without a legislative enactment. 
 
 AUBURN. 
 
 [Laws of 1850. Chap. 349.] 
 
 1. Title eight of an act to incorporate the city of Auburn, passed March 
 21^1848, is hereby repealed. 
 
 2. The offices of the several trustees, clerks, collectors and librarians of 
 school districts, in the city of Auburn, shall cease on the third Tuesday in 
 April, one thousand, eight hundred and fifty, in like manner as if the same 
 had expired by lapse of time. The inhabitants of said city, qualified to 
 vote at school district meetings, shall assemble in their respective school dis 
 tricts on the day last mentioned, at the school house in such district, and 
 choose one trustee and a clerk of the district, who shall hold their respect 
 ive offices until the next annual district meeting in the district, for which 
 they shall be respectively chosen, and until their successors shall have been 
 . severally chosen. Such annual district meeting shall hereafter be holden in 
 the several districts in said city, on the second Monday in March in each 
 year ; and from and after the passage of this act, only one trustee shall 
 be chosen annually in any school district in said city. 
 
 3. The trustee elected in any district in said city, shall have the power 
 and it shall be his duty, to call special meetings of the inhabitants of such 
 districts liable to pay taxes, whenever he shall deem it necessary or proper 
 to give notice of special, annual and adjourned meetings, in the manner pre 
 scribed in this act, if there be no clerk of the district, or he be absent or in 
 capable of acting, or shall refuse or neglect to give such notice ; to visit the 
 schools kept in the district as often as once ir each quarter, and to report the 
 condition of the same, with such suggestions for the improvement thereof as 
 he may deem proper, to the board of education hereinafter named, and to 
 perform such other duties as may be from time to time imposed upon him 
 by the said board of education. 
 
282 
 
 4. It shall be sufficient notice of an annual, special, adjourned or first 
 district meeting, to affix such notice on the outer door of the district school 
 house, if there be any, and to post a copy of the same in three other public 
 
 E laces in such district the affixing and posting of such notice to be done at 
 >ast ten days before such meeting, and 110 other notice of any such meeting 
 need be given. 
 
 5. It shall be the duty of the clerk of each school district to record 
 the proceedings of his district in a book to be provided for that purpose by 
 the said board of education ; to give notice in the manner provided in the 
 last preceding section, of the time and place of every annual district meet 
 ing or special district meetings, when ordered by the trustees of the district, 
 and of any adjourned district meeting, when the same shall be adjourned for 
 a longer period than one month ; to keep and preserve all records, books and 
 papers belonging to his office, and to deliver the same to his successor in of 
 fice. 
 
 6. Any vacancy in the office of district clerk may be supplied by the 
 trustee of the district in which such vacancy shall happen, but the person 
 appointed to supply such vacancy shall hold the office only for the unexpired 
 term. 
 
 7. The term of office of the superintendent of common schools in said 
 city shall cease on the third Tuesday of April, one thousand eight hundred 
 and fifty, in the same manner as if the same had expired by lapse of time. 
 The common council of said city, at the last regular meeting thereof, next 
 preceding the third Tuesday of April next, shall appoint by ballot a super 
 intendent of common schools . who shall hold his office until the second Mon 
 day of March, one thousand, eight hundred and fifty -two. The common 
 council of said city, at the annual meeting thereof, held on the second Mon 
 day of March, 1852, and as often thereafter as the term of office of such su 
 perintendent of common schools shall expire, shall appoint a superintendent 
 of common schools for said city, who shall hold his office for two years, and 
 until a successor shall be appointed. The superintendent of common schools 
 so appointed, shall possess all the powers and be subject to all the duties and 
 responsibilities of superintendents of common schools in towns, so far as the 
 same are applicable, except as otherwise provided in this act ; in case of a 
 vacancy in such office, the common council of said city shall supply the same 
 by appointment, for the unexpired term. 
 
 8. The common council of said city shall, at the last regular meeting 
 thereof, next preceding the third Tuesday of April, one thousand eight hun 
 dred and fifty, appoint one school commissioner in each of the wards of said 
 city, who shall be residents of the wards for which they are respectively ap 
 pointed; immediately upon the appointment of such school commissioners, 
 the city clerk shall, in the presence of the common council, divide them by 
 lot into four classes, to be numbered one, two, three, four. The term of of 
 fice of the first class shall expire on the first Monday succeeding the first 
 Tuesday in April, 1851 ; the second class in one year thereafter; the third 
 in two year!?, and the fourth in three years, and one commissioner only shall 
 thereafter be annually appointed, who shall be appointed at the annnal meet 
 ing of the common council, held on Monday next succeeding the annual elec 
 tion, and who shall be a resident of the same ward with the school commis- 
 aioner whose term of office shall then expire, who shall hold his office for 
 four years, and until a successor shall be duly appointed In case of a va 
 cancy in the office of either of the commissioners, the common council shall 
 appoint a successor, who shall be a resident of the ward in which such vacan 
 cy shall occur, for the unexpired term. 
 
 9. The trustees of the several school districts so elected, and the school 
 commissioners so appointed, together with the mayor and superintendent of 
 schools of said city, shall constitute and are hereby denominated the board 
 of education for the city of Auburn. They shall meet on the first Tuesday 
 of each and every month, and as much oftener as they shall from time to 
 time appoint. A majority of the said board shall constitute a quorum for 
 
283 
 
 the transaction of business. f The mayor shall he the president of surh board 
 and shall have power to call special meetings thereof, in the manner pro 
 vided by law for calling special meetings of the common council. In the 
 absence of the mayor, the said board shall appoint some other member to 
 preside at such meetings, and perform the duties of the president. The su 
 perintendent of common schools shall be the clerk of such board ; he shall 
 attend the meetings and keep a record of the proceedings of the said board ; 
 he shall possess all the powers and be required to perform all the duties, in 
 reference to the schools of said city, of town superintendents of common 
 schools, except as otherwise in this act provided, and shall perform such 
 other duties as the said board shall from time to time prescribe. 
 
 10. The board of education shall fix the compensation of the superin 
 tendent of common schools, for his services as clerk of such board, not ex 
 ceeding one hundred dollars per yetfr, and for such other services as he may 
 perform otherwise than as such clerk, he shall be entitled to the same com 
 pensation as provided by law for town superintendents of schools f r similar 
 services, and his account therefor shall be audited by such board and paid by 
 the city treasurer, out of the moneys in this act specified as the common 
 school fund, and not otherwise. 
 
 11. The said board of education shall possess all the powers conferred 
 by law upon town superintendents of common schools, as to the formation 
 and alteration of school districts within s?aid city, except that in arranging 
 such districts, no territory without the limits of said citv shall be included, 
 nor shall any territory within said city belong to or be taxed in any school 
 district of any adjoining town ; and shall possess all the powers and be sub 
 ject to all the duties and responsibilities of trustees of common schools in 
 towns, as to the several common or district schools within said city, so far as 
 the same are applicable, except as otherwise in this act provided, and shall 
 have the custody of all the property, real and personal, belonging to or own 
 ed by the several school districts, and shall pay the compensation of the 
 teachers of the said schools, and all other necessary and contingent expenses 
 incurred in the support thereof; and shall appoint librarians to take charge 
 of the several district libraries, who shall be subject to the control and hold 
 their offices during the pleasure of such board ; and shall have the power 
 and it shall be their duty to pass such by-laws and ordinances for the regula 
 tion, government, control and management of the common schools in said city, 
 and of the teachers and pupils of such schools, and of the officers of the sev 
 eral school districts in said city, and for the safe-keeping, disposition and man 
 agement of the libraries, maps and apparatus appertaining to such schools, 
 and to regulate the text books used in such schools, as they shall deem expe 
 dient ; and said board may prescribe a penalty for a violation of any ordi 
 nance or by-law authorized by this act, not exceeding ten dollars ; and any 
 such penalty may be sued for and recovered with costs, in the name of the 
 mayor and common council of the city of Auburn ; and the said board may 
 subject the parent or guardian of any minor, and the master or mistress of 
 any apprentice or servant, to any such penalty for a violation of any such or 
 dinance or by-law, by any such minor, apprentice or servant. 
 
 12. All penalties collected by virtue of this act shall be paid to the 
 city treasurer, and by him deposited to the credit of the common school 
 fund. 
 
 13. The clerk of the board of education shall keep a record of all by 
 laws and ordinances which shall be passed by said, board, and the same shall 
 be published and take effect, and be proved and read in evidence, in like man 
 ner as ordinances passed by the common council of the city of Auburn ; a rec 
 ord or entry made by the s*aid clerk at the time of the first publication of 
 any ordinances, or a copy thereof duly certified by him, or the affidavit of the 
 printer or publisher, shall be presumptive evidence of the publication thereof, 
 in all courts and places. 
 
 14. Whenever the inhabitants of any school district shall, by vote, de 
 termine to build a school-house, it shall be the duty of the said board of edu- 
 
284 
 
 \ 
 
 cation to fix the site of the said school house, and determine the sum neces 
 sary to be raised for the purchase of such site and the building of said school 
 house, and report the same to the common council, which sum shall in no 
 case exceed the sum of three thousand dollars. 
 
 15. It shall be the duty of the common council to levy and raise upon 
 the said district the sum so reported, pursuant to the last section, in the same 
 manner as the general taxes of the city are levied or raised, except that the 
 same shall be collected on a separate warrant, and when the same shall be 
 collected it shall be paid to the city treasurer, and deposited to the credit of 
 the board of education ; and no part thereof shall be appropriated by said 
 board otherwise than for the purchase and improvement of such site and the 
 erection of such school-house, with the appurtenances. 
 
 16. The said board of education shall annually, orl or before the first 
 day of June, fix and determine, and certify and report to the common council, 
 the amount of money which, when added to the money annually apportioned 
 to the city of Auburn, or to the several school districts comprised therein, 
 out of the funds belonging to the state, shall be necessary to defray the ex.- 
 penses of all the common or district schools in said city for the ensuing year, 
 for fuel, furniture, school apparatus, repairs and insurance of school-house, 
 teachers wages and contingent expenses, and also to defray the expenses of a 
 school for colored children, as hereinafter provided ; and to pay the compen 
 sation of the clerk of the board of education, and the contingent expenses of 
 such board. The amount so certified shall in no case exceed five times the 
 amount which shall have been apportioned out of the funds belonging to the 
 state as aforesaid, for the year next preceding. 
 
 \1. The common council of the said city shall annually levy and raise 
 the amount of money so certified and reported by the board of education, 
 and the said amount so to be raised shall be levied and collected at the same 
 time and in the same manner as the other general taxes of the said city are 
 levied and raised, and in addition thereto ; but the warrant issued to the col 
 lector for the collection of such taxes shall specify what amount of such 
 taxes shall be paid to the treasurer for general city purposes, and what part 
 as a fund for the support of schools. 
 
 18. All moneys levied and raised for the support of common schools, 
 together with the public money received from the state, shall be paid to the 
 treasurer of the city of Auburn, and shall by him be kept separate and dis 
 tinct from the other moneys of said city, and shall be known and distinguish 
 ed as the common school fund, and shall be paid out by the treasurer, only 
 upon an order drawn upon him. and signed by the president and countersign 
 ed by the clerk of said board of education ; and no such order shall be 
 drawn except by virtue of a resolution of the board. Such order shall spec 
 ify for what purpose the amount specified therein is to be paid, and the clerk 
 of such board shall keep an accurate account, under the appropriate heads 
 of expenditure, of all orders drawn on the treasury, in a check book, to be 
 kept by him for that purpose. 
 
 1 9. The board of supervisors of Cayuga county shall not have power 
 to levy any tax upon the city of Auburn, for the support or on account of 
 common schools. 
 
 20. The said board of education shall exclusively audit all accounts 
 and claims against any school district, or which have accrued on account of 
 any district school in said city, and the payment of the same or of such parts 
 thereof as shall be allowed by the said board, shall be made directly to such 
 claimants by the city treasurer, out of the moneys belonging to the common 
 school fund, upon the order of said board, as hereinbefore provided ; but the 
 aggregate of the expenditures and contracts of the said board during any 
 year shall not exceed the amount of moneys which shall be subject to their 
 order during the then current year. 
 
 f 21. Whenever, from the annual estimate presented to the common coun 
 cil by said board of education, it shall appear that the expenses of any school 
 district for the ensuing year, exclusive of teachers wages, will exceed the 
 
285 
 
 sum of fifty dollars, the common council may, in their discretion, order the 
 amount of such excess to be levied and assessed upon and collected from 
 such district, in the manner hereinbefore provided for raising moneys to 
 build a school house ; and such moneys, when so collected, shall be paid to 
 the city treasurer, and be by him placed to the credit of the said board of 
 education, and shall by said board be expended solely for the benefit of 
 such district. 
 
 22. The said board of education shall have power to establish and 
 cause to be kept in said city, a school for the instruction of colored children, 
 aa they shall deem expedient, and the said board shall have and exercise all 
 the powers in relation to such school, of trustees of school districts in towns, 
 o far as applicable. . 
 
 23. Whenever the said board of education shall determine to establish 
 a school for the instruction of colored children, they shall make an estimate 
 of the expense of erecting a suitable school-house therefor, and deter 
 mine the site thereof, and report such proceedings to the common coun 
 cil. 
 
 24. The common council shall have power to raise by general tax, in 
 the manner hereinbefore provided, and on a separate warrant, or in addition 
 to the general city tax, such sum as shall be necessary to purchase such site 
 and build such school-house, not exceeding three thousand dollars ; or, tho 
 said common council may refuse to raise such tax. In case the common 
 council shall refuse to raise such tax, the said board of education shall have 
 power to provide and lease a suitable room or building, for the accommoda 
 tion of such school, but the annual expenditure for this purpose shall not ex 
 ceed the sum of one hundred dollars the same to be paid from the common 
 school fund. 
 
 25. All teachers of common schools in said city shall be employed by 
 the city superintendent of common schools, and the trustees of the district 
 for which such teacher or teachers shall be employed ; but no appointment 
 or employment of any such teacher shall be valid beyond the first regular 
 meeting of the board of education thereafter, unless such appointment shall 
 be approved by such board ; and all contracts made with teachers by said 
 uperintendeut and any trustee, shall be subject to the provisions of this 
 act ; and such contract shall cease to be binding on the rejection of such 
 teacher by the board of education. 
 
 26. The said board of education may remove any teacher for cause, to 
 be specified in the minutes of the proceedings of the said board ; and in 
 case of any such removal, any contract with any such teacher shall cease, 
 and another teacher shall be employed in the manner provided in the last 
 preceding section. 
 
 27. To the first annual estimate of school expenses presented by the 
 board of education to the common council, the said board shall add the pres 
 ent indebtedness of every school district within said city, for any of the 
 causes specified in section (16) sixteen of this act, or which may necessarily 
 accrue therefor, previous to the time of presentation of such first estimate, 
 and such additional amount shall be raised in like manner as the other mon 
 eys stated in said estimate, and shall be paid into and compose a part of tho 
 common school fund ; and the said board shall assume and pay such indebt 
 edness out of the monies so received. 
 
 28. The said board of education shall annually publish in some news 
 paper in said citv, a statement of the number of common schools in said 
 city, and the number of pupils instructed therein, the total amount of mon 
 eys received for school purposes, with the sources thereof, and the expendi 
 tures on aecoiint of each school, specifying as near as may be the items of 
 such expenditures. 
 
 29. An appeal may be taken to the state superintendent of common 
 schools from any proceeding of the said board of education, in the formation 
 or alteration of any school district, in the same manner and for the same 
 
286 
 
 causes as appeals may be taken from the proceedings of town superintend 
 ents of common schools. 
 
 30. All titles taken to real estate to be used for school purposes, with 
 the exception of a site for a school house for colored children, shall be taken 
 in the name of the trustees of the district in -which such real estate shall be 
 situated, in his official name ; and any real estate now or hereafter owned 
 by any school district, may be sold by the trustees of such district, upon a 
 vote of the inhabitants of said district, and with the approval of the said 
 board of education ; and the avails of such real estate shall be paid to the 
 city treasurer, and be by him placed to the credit of the board of educa 
 tion, and by said board appropriated exclusively to the benefit of such dis 
 trict. 
 
 31. The treasurer and collector of the city of Auburn shall respective 
 ly, with their sureties be liable on their official bonds for any default, de- 
 linquencv, neglect or misconduct in the duties with which they may be re 
 spectively charged, under and by virtue of this act, in the same manner and 
 with the like effect as for any other official default, delinquency, neglect or 
 misconduct. 
 
 32. All acts and parts of acts inconsistent with this act are hereby re 
 pealed. 
 
 33. This act shall take effect immediately. 
 
 BROOKLYN. 
 
 [Lam of 1850. Chap. 143.] 
 
 1. The common council of the city of Brooklyn shall, on the first Mon 
 day of February after this act becomes a law, appoint thirty-three persons, 
 residents of said city, one of whom at least shall reside in each school dis 
 trict thereof, who together shall constitute a board of education. It shall 
 then divide the said board into three equal classes, each class containing 
 eleven members, and shall determine by lot their respective terms of office, 
 so that the first class shall serve one year, the second two years, and the 
 third three years. In each year thereafter, the said common council shall 
 appoint eleven members of said board, care being had to preserve the rep 
 resentation of at least one member from each school district, w r hose term of 
 office shall continue three years : and in case a vacancy shall at any time 
 occur in said board, the said council shall supply the same. The persons so 
 appointed shall be re-eligible, and shall hold office until their successors are 
 appointed and shall have qualified. 
 
 2. The board of education shall have the entire charge and direction 
 of all the public schools of said city, and of the school moneys raised for 
 the support of the same, and shall possess the powers and be subject to the 
 general duties of trustees of common schools in this state, so far as the same 
 are not impaired or affected by this act. It shall annually choose a presiding 
 officer, make its own by laws, keep a journal of its proceedings, define the 
 duties of its officers and committees, and prescribe such rules and regula 
 tions for instruction and discipline in the said, public schools as are not in 
 consistent with the laws of the state ; and all the provisions of the act re 
 lating to resignations and expulsions in the common council shall be appli 
 cable to the board of education. 
 
 3 . The whole city shall be a school district for all purposes of taxation 
 as well for the purchase of school sites and the building and repairing of 
 school houses, as for the annual support of schools ; but shall be divided by 
 the board of education into as many districts as there are schools, for the 
 purpose of determining the limits within which children may attend such 
 schools. 
 
 4. The board of education shall have power to organize and establish 
 schools for colored children, and such evening schools as it may, from time 
 to time, deem expedient, and shall adopt the necessary rules for the govern- 
 
287 
 
 ment of the same. It may make use of the public school houses under its 
 charge for such evening schools, and the expenses of said schools shall be 
 paid out of the general fund, in the same manner as those of the other pub 
 lic schools. No person shall be prohibited from attending the evening schools 
 on account of age. 
 
 6. The board of education shall appoint a city superintendent of com 
 mon schools, who shall, ex-officio, be the secretary of the board. In addi 
 tion to such other duties as may be devolved upon him by the board, in the 
 visitation and superintendence of the schools, he shall examine the qualifi 
 cations of teachers and grant certificates, in such manner and form as may 
 be prescribed by the state superintendent, which shall not be in force long 
 er than a year, and may at any time be revoked by the board of education. 
 He shall also make such annual and other reports of the condition of the 
 schools and of other matters as may be required by law or by the said 
 board. He shall be paid a salary out of the general fund, to be fixed by 
 the board, and may be removed from office by the vote of a majority of all 
 the members of the board of education. 
 
 6. The treasurer of the city shall be, ex-officio, the treasurer of the 
 board of education, and shall receive to the credit of said board, from the 
 county treasurer, the amount of school money to which the city is entitled 
 from the state appropriation, together with such amount as is raised by the 
 board of supervisors to entitle the city to its distributive share of the school 
 moneys of the state, and from the city collector the money raised by tax for 
 the support of schools ; and he shall disburse the same only by the order 
 and upon the warrant of the board of education, drawn in favor of the per 
 son entitled to payment, signed by the presiding officer of the board, and 
 countersigned by its secretary. 
 
 7. The treasurer shall give such bonds for the faithful performance of 
 his duty as the common council may require, and shall report monthly to 
 the board of education his receipts and expenditures, with the balance re 
 maining on hand to the credit of the board, and such other information 
 in relation thereto as the board of education may, from time to time, re 
 quire. 
 
 8. The board of education shall provide for taking an annual census of 
 all the children of the city, on the thirty-first day of December in each year, 
 between the ages of five and sixteen years inclusive, which enumeration, 
 with such statistical and other information as may be required by law, shall 
 be included in the report of the city superintendent, required in a previous 
 section. 
 
 9. The board of education shall present, annually, on or before the first 
 Monday in February, to the common council, an estimate of the money re 
 quired to be raised in the ensuing year for the support of the schools, and 
 for the purchase of school sites, as well as for the building and repairing of 
 school-houses ; and the common council shall determine what sums shall be 
 raised for such purposes, respectively, in addition to the amount already re 
 quired by law, in order to entitle the city to its distributive share of the state 
 school money. 
 
 10. The amount of money to be raised for the support of schools in 
 any one year, exclusive of the sums required to purchase sites and to build 
 and repair school-houses, as well as to entitle the city to its share of the state 
 school money, shall not be less than one dollar and twenty-five cents, nor 
 more than one dollar and seventy -five cents for each child between the ages 
 of five and sixteen years within the city as ascertained by the previous 
 census, herein required to be taken on the thirty -first day of December in 
 each year. 
 
 11. The several amounts so determined by the common council to be 
 raised as aforesaid, shall be levied upon all the taxable property of the city, 
 in the same manner and at the same time as the taxes for city purposes, and 
 shall be stated and sent to the board of county supervisors to be levied and 
 collected accordingly. 
 
288 
 
 12. The board of supervisors, in their warrant to the collector, shall di 
 rect him to pay the amount so to be collected to the treasurer of the city, to 
 the credit of the board of education, out of the first moneys collected. 
 
 13. It shall be the duty of the first board of city assessors elected after 
 this law shall take effect, to estimate the value of the school property of each 
 school district as heretofore existing, and certify the same to the board of 
 supervisors. The supervisors shall thereupon, proceed to equalize the said val 
 ue by assessing the aggregate amount thereof upon the whole city, and cred 
 iting each school district on account of its general tax, with the value of ita 
 separate school property, and its special school taxes already laid and in pro 
 gress of collection. 
 
 14. The board of education shall determine the number and location 
 of schools ; but no expenditures for the purchase of ground or tke erection of 
 school-houses shall hereafter be made, unless the same shall have been ap 
 proved of by the common council. Such approval shall be deemed to have 
 been given when the tax therefor shall be approved by the common council, 
 and levied by the supervisors ; or it may be specially given upon the appli 
 cation of the board of education to make such expenditure, in anticipation of 
 a tax to be levied in the ensuing year. 
 
 16. The title of all the property now or hereafter to be required for 
 school purposes, shall be vested in the board of education. 
 
 16. The board of education shall determine whether any and what por 
 tion of the state appropriation and the county tax, designated as library mon 
 ey, shall be applied to the purchase of school libraries and apparatus, and the 
 disposition thereof ; and the residue of said money shall be applied to the 
 payment of teachers wages, or for the purchase of school books, and to no 
 other purpose. 
 
 17. The money raised for the purchase of school sites, and the building, 
 repairing and furnishing of school-houses, shall be known as the " special 
 school fund," and all other moneys as the " general school fund ; " and it shall 
 be the duty of the board of education to keep accurate accounts of its re 
 ceipts and expenditures, distinguishing between those of a general and those 
 of a special character ; and it shall not be lawful to expend any portion of the 
 moneys raised for the use of one of said funds, for the purposes of the other 
 of said funds, but the expenditures shall be made in conformity with the ap 
 propriations under which the funds were levied and collected. 
 
 18. The board of education shall make returns annually, to the common 
 council, of its receipts and expenditures, specifying those on account of the 
 general and special funds respectively, with such, other details as the com 
 mon council may from time to time require. 
 
 19. No school in said city shall be entitled to any portion of the school 
 moneys, in which the religious sectarian doctrine or tenets of any particular 
 Christian or other religious sect shall be taught or inculcated, or which shall 
 refuse or prohibit visits or examinations by the city superintendent or mem 
 bers of the board of education of said city ; provided that this section shall 
 not be deemed to prohibit the use of the holy scriptures without note or com 
 ment. 
 
 20. The schools of the asylum societies, in said city, shall participate in 
 the distribution of the school moneys, in such manner that they shall respect 
 ively receive a sum in proportion to the number of children who shall have 
 actually attended such school without charge during the preceding year, for 
 which school moneys are raised ; which sum shall be equal to the amount 
 paid to any of the public schools in said city, in proportion to the number of 
 children who shall have actually attended any such school during the said 
 preceding year, actually orphans, or half orphans. 
 
 [Laws of 1851, Chap. 229.] 
 
 15. The amount of money to be raised in any one year for the support 
 of Common Schools in the city of Brooklyn, exclusive of the sums required 
 to purchase sites, to build and repair school houses, and to entitle the city to 
 
289 
 
 its share of the State School money, shall be such sum as the said Common 
 Council may deem necessary therefor, not to exceed the amount now allow - 
 -ed by law. 
 
 BUFFALO. 
 
 [Latcs of 1843, ch. 122, titles II and IX, a$ amended by ch, 166, laws of 1849.] 
 
 TITLE IT. .11 and 22. The common council shall, on the second Tues 
 day of March in each year, or as soon thereafter as practicable, appoint by 
 ballot, a city superintendent of common schools, who shall hold his office un 
 til the second Tuesday of the month of March next after such appointment, 
 unless sooner removed or disqualified, and until his successor in office shall be 
 appointed, and enter upon his duties. 
 
 [Title IX-^of Common and other Schools. ] 
 
 1 . The mayor and aldermen of the city of Buffalo, shall, by virtue of 
 their offices, be commissioners of common schools in and for said city, and in 
 common council shall perform all the duties of such commissioners, and shall 
 possess all the rights, power and authority of commissioners (town superin 
 tendents) of common schools in the several towns in this state. 
 
 2. The clerk of said city, shall be the clerk of the mayor and aldermen 
 thereof, when acting as commissioners of common schools, and shall perform 
 all the duties required of the town clerks of the several towns in the state, 
 as clerks of the commissioners of common schools of such towns, and be sub 
 ject to the same penalties for the neglect thereof. 
 
 3. In all appropriations of public money for schools, or other purposes, 
 the city -of Buffalo shall be taken and considered as a town in the county of 
 Erie, and shall be entitled to copies of laws in the same manner as other 
 towns in said county ; and all such moneys or books shall be paid or deliver 
 ed to the common council. 
 
 4. The common council may expend such portion as they may deem 
 proper, of any library moneys hereafter received from the state, in binding 
 and repairing the books in the city library, in purchasing maps and other 
 apparatus for the schools, and in supplying indigent scholars in the schools 
 under their charge, with necessary common school books, and other imple 
 ments of learning. 
 
 5. All the district schools organized within the city of Buffalo, shall be 
 public, and free to all white children residing within the district, under the 
 age of sixteen [21 J years, and the common council, by a vote of two-thirds of 
 all the aldermen elected, are hereby authorized to include in the general an 
 nual city tax authorized to be raised, under the third section of the fifth title 
 of this act, such additional sum as, in their opinion, with the public school 
 moneys for the year, will be sufficient to support their school system, and to 
 defray the expenses of all the schools under their charge, except such of said 
 expenses as may be raised by district tax. The moneys thus raised for school 
 purposes, together with all moneys received from other sources for sucb 
 purposes, shall constitute a separate fund, to be called the school fund, and a 
 separate and distinct account thereof shall be kept by the proper officer or of 
 ficers of the city ; and the moneys of this fund shall not be appropriated or 
 diverted to any other purpose whatever. 
 
 6. The common council shall provide and maintain one or more free 
 schools in the city for the colored children thereof ; and may purchase one or 
 more sites, and erect thereon, furnish and maintain all buildings necessary for 
 such schools ; and shall from time to time, raise all moneys necessary for 
 these purposes, by general tax, in the manner provided by the last section. 
 
 7. The common council shall have power, and it shall be their duty, 
 whenever it may be necessary so to do, 
 
 1. To designate and purchase or lease, hi each school district, a ^ite or sites 
 for the school-house or school houses therein, and to fence and improve the 
 same as to them shall appear suitable and proper : 
 19 
 
200 
 
 2. To build on such site or sites, or on any lot owned by such district, such 
 school-house or school-houses and out houses as shall to them appear suitable 
 and sufficient for such districts : 
 
 3. To complete, improve, enlarge or repair any district school-house, from 
 time to time as they shall think proper, and to supply such school-houses, 
 whenever they deem it expedient, with such school apparatus, books, furni 
 ture and appendages as they may direct ; and to prescribe the course and ex 
 tent of the studies to be pursued therein : 
 
 4. To order from time to time, a tax to be levied upon all the taxable 
 property of any district, sufficient to pay all such sums as they may have ex 
 pended or deem necessary to be expended in that district, for the purposes in 
 this section above specified : 
 
 5 . To make out a tax roll or list of every district tax ordered by them, 
 within sixty days after such district tax shall be ordered, similar in form to 
 the general assessment roll in said city, ascertaining the valuation of the prop 
 erty to be taxed as far as possible from the last assessment roll of said city ; 
 and no person shall be entitled to any reduction of the valuation of such prop 
 erty so ascertained, unless he shall give notice of his claim to such reduction 
 to the city superintendent of common schools -within ten days after the pas 
 sage of the order to raise such tax ; and when such valuation of taxable prop 
 erty cannot be ascertained from such assessment roll, the common council, or 
 such superintendent, shall ascertain such valuation by the best means in their 
 power. Such rolls may be delivered for collection to the collector of the dis 
 trict or to the city collector : 
 
 6. To make such by-laws and ordinances as they may deem necessary for 
 the prosperity and good order and government of the common schools, and 
 the security and preservation of the school-houses and other property belong 
 ing to the school districts, and to prescribe the duties and powers of the su 
 perintendent and of the several district clerks, trustees and collectors, in all 
 cases not provided for by this act : 
 
 7. To require and take from the district collectors such security as they 
 may deem adequate ; if such security be not given by any such collector, they 
 may remove him and appoint a successor : 
 
 8. To authoiize and require the superintendent of common schools in said 
 city to do any act or to perform any duty required of any trustee of a school 
 district of said city, in case of any vacancy in the office of trustee, or of the 
 neglect or refusal of such trustee to perform such duty : 
 
 9. To divide the district schools in said city into primary and higher 
 departments or otherwise, whenever they shall deem such division desirable, 
 and to prescribe regulations for the transfer of scholars from one department 
 to the other, and also to direct the superintendent to provide suitable and suf 
 ficient instructors for each of the said departments. 
 
 9. The superintendent of common schools of said city, shall be the execu 
 tive officer of the common council to carry into effect all the provisions of this 
 act, and the ordinances and orders of the said eommon council, in respect to 
 common schools ; and it shall be lawful for the said common council to assign 
 to the said superintendent, the performance of any duty required of them; in 
 respect to the common schools of said city ; he shall, in respect to the com 
 mon schools of said city, possess all the powers and authority, and be subject 
 to the duties and obligations of the inspectors of common schools of the differ 
 ent towns of this state. He shall also have power, and it shall be his duty, 
 
 1 . To have the care and custody, and provide for the safe keeping of dis 
 trict school-houses in said city : 
 
 2. To contract with and employ all teachers of the several district schools 
 therein : 
 
 3. Under the direction of the common council, to contract for and super 
 intend the building, enlarging, improving, furnishing and repairing of all school- 
 houses ordered to be erected by the said common council, and the making of all 
 repairs and improvements on and around the same : 
 
291 
 
 4. In all cases where no other provision is made by this act, to supply the 
 place and perform the several duties in respect to the several school districts 
 in said city, required of the trustees of the several school districts in this 
 state, by the general statutes relating to common schools : 
 
 5. To perform such other duties as may be from time to time imposed on 
 him by the common council. 
 
 10. The inhabitants of any school district entitled to vote at district 
 meetings, when legally assembled in district meeting, shall have the same 
 power as is now given by law to the inhabitants of the several school districts 
 in the different towns in this state, except that there shall be but one trustee 
 elected in each district ; and that such meeting shall not possess the power 
 to designate the site for a school-house, or to lay a tax to purchase or lease a 
 site for a school-house, or to build, hire, or purchase a school-house for such 
 district. The clerk and collector of such districts shall possess the powers 
 and authority, and be subject to the same duties and obligations, as such of 
 ficers in the several districts of this state except as herein otherwise provided. 
 
 II. It shall be sufficient notice of any annual, special or adjourned dis 
 trict meeting, to publish such notice once in each week, for two successive 
 weeks preceding the time of holding such meeting, in the city paper, and by 
 affixing a copy of the same on the outer door of the district school-house, ^if 
 there be any,) and posting a copy of the same in three other public places in 
 such district ; the posting of said notice to be done at least ten days before 
 such meeting ; and no other notice of any such meeting need be given. The 
 annual meetings of such district shall be held on the Monday preceding the 
 last Tuesday in December in each year. The superintendent of the common 
 schools for the said city, shall revise the proceedings of such meetings, and 
 see that the proper records of such proceedings are made by the clerk in the 
 book of district records, to be provided by the said superintendent, and kept 
 by the clerk of such district for such purposes ; and the said superintendent, 
 and the mayor and aldermen of said city, and every taxable inhabitant of such 
 district shall be permitted by the clerk, at all proper times, to examine the same. 
 
 12. The trustee elected in any school district in said city shall have 
 the power, and it shall be his duty, 
 
 1. To call special meetings of the inhabitants of such district, liable to pay 
 taxes, whenever it shall be by him deemed necessary or proper : 
 
 2. To give notice of special, annual and adjourned meetings, in the manner 
 prescribed in this act, if there be no clerk of the district, or he be absent or 
 incapable of acting, or shall neglect or refuse to give such notice : 
 
 3. To visit the schools kept in the district as often as once in each quar 
 ter, and to report the condition of the same, with such suggestions for the 
 improvement thereof as he may deem proper -to the common council : 
 
 4. To perform such other duties as may be from time to time imposed up 
 on him by the common council. 
 
 13. The common council shall annually publish in the city paper a state 
 ment of the number of common schools in the said city ; the number of pupils 
 instructed therein, the year preceding ; the several branches of education 
 pursued by them, and the receipts and expenditures of each school, specifying 
 the sources of such receipts, and the objects of such expenditure. 
 
 BUSHWICK. 
 
 {Laws o/1847, chap. 31 1.] 
 AN ACT to provide for free schools in the town of Bushwick. 
 
 Passed October 16, 1847, " three- fifths being present." 
 
 The People of the State of New- York, represented in Senate and Assembly, do 
 enact as follows : 
 
 1 . The trustees of the several school districts in the town of Bushwick 
 in the county of Kings shall annually, at least three weeks before their annu 
 al meeting, or of a special meeting to be called for that purpose, prepare an 
 estimate of the amount which they shall deem necessary to pay the debts of 
 
292 
 
 such district, and for the support of common schools therein, for the ensuing 
 year, exclusive of the moneys which they may be entitled to receive from the 
 town superintendent, and including the sums required for the purchase of ne 
 cessary furniture, apparatus and books, and for contingent expenses, and shall 
 cause printed notices thereof to be posted for two weeks thereafter, in five 
 or more of the most public places in said districts. They shall present such 
 estimate at such meeting, when the inhabitants of such district then present, 
 shall vote thereon for each item separately, and t^e same or so much thereof 
 as shall be approved of by a majority of such inhabitants, shall be levied and 
 raised by tax on such district, as now provided by law for raising a district 
 school tax. 
 
 2. When the trustees shall have completed the tax list, they shall deliv 
 er the same to the superintendent of schools for said town, who shall issue his 
 warrant to the collector of taxes of said town, returnable in thirty days, for 
 the collection of the same, and take from such collector approved security for 
 the performance of his duty ; such warrant may be renewed from time to 
 time. The moneys so collected shall be paid to said trustees, and by them 
 appropriated to the purposes for which the same was voted, unless otherwise 
 directed by a vote of the inhabitants, at their annual district school meeting, 
 or a special meeting called for the purpose. 
 
 3. The tax hereby imposed shall be a lien upon the lands taxed, to be 
 enforced and collected by sale, in the manner that county taxes are, upon a 
 return to be made by said collector to the treasurer of the county, of all un 
 paid taxes in said districts. 
 
 4. This act shall take effect immediately. 
 
 CLYDE HIGH SCHOOL. 
 
 [Laws of 1834, chap. 175, as amended by chap. 268 laws of 1842.] 
 
 1. School district number. seventeen, in the town of Galen, in the coun 
 ty of Wayne, shall form a permanent school district, not subject to alteration 
 by the Town Superintendent of Common Schools of the said town of Galen, 
 and shall hereafter be known by the name of " The Clyde High School." 
 
 2. The Trustees of the Clyde High School, shall be seven in number ; 
 and the first trustees shall be George Burr ell. John Condit, Sylvester Clark, 
 Cyrus Smith, Isaac Lewis, William S. Stow, and Calvin D, Tompkins ; and 
 shall hold their offices until the first annual meeting of said permanent school 
 district, and until others are chosen. 
 
 3. Said trustees are authorized to receive gifts, grants and donations, to 
 wards defraying the expenses of purchasing a site and building a suitable 
 school-house for said high school. 
 
 4. Said trustees, on receiving the sum of one thousand dollars, or hav- 
 ino- the said sum secured to be paid to them, by subscription or otherwise, shall 
 have power to levy and cause to be raised by tax upon the taxable inhabitants 
 of said permanent school district, a like sum of one thousand dollars ; but no 
 such tax shall be levied until said trustees shall have called a special meeting 
 of the taxable inhabitants of said permanent school district, in manner now 
 provided by law, for calling special school district meetings. 
 
 5. Said trustees shall report in writing to said meeting, the amount of 
 moneys received by them, the sum or sums secured to be paid to them, and 
 the manner in which it is secured ; and if the sum of one thousand dollars ap 
 pears to be paid or is secured to be paid to said trustees, said meeting shall 
 proceed to elect a clerk and collector for said high school, who shall hold their 
 offices until the first annual meeting of said permanent school district, and un 
 til others are chosen. 
 
 6. The trustees hereby appointed, and clerk and collector hereby direct 
 ed to be chosen, shall be subject to the same penalties, and shall have the 
 same powers, and perform the same duties, as like officers directed to be cho- 
 
293 
 
 
 
 sen by chapter fifteenth, title second, and article fifth of the revised Statutes) 
 and all subsequent elections shall be held under that act. 
 
 7. The trustees of said high school shall select a suitable site in the vil 
 lage of Clyde for the erection of their school-house; and shall contract for, 
 and purchase the same, and thereon erect a school house of sufficient size to 
 accommodate such children as may be required to be educated in said perma 
 nent school district, and shall furnish the necesssary furniture and fixtures 
 for the same. 
 
 8 School districts fourteen and seventeen, or either of them, may sell 
 their district property and pay the amount of money arising from such sale 
 or sales, to the trustees of the Clyde High School. 
 
 9. Said trustees on receiving such moneys, shall, if required by either 
 district, deduct the amount from that part of the tax hereby directed to be 
 imposed on the taxable inhabitants of the individual district paying the 
 same. 
 
 10. The school money which school districts number fourteen and sev 
 enteen shall from time to time be entitled to receive from the commissioners 
 of common schools in the town of Galen, shall be paid to the trustees of the 
 Clyde High School ; who shall be required to report to said commissioners in 
 the same manner as other school districts are by law required to report. 
 
 11. The trustees receiving such moneys, shall give their receipt for the 
 same, and shall apply the money received, exclusively to the payment of the 
 teachers employed by them ; and it may be applied in such manner as to ren 
 der the tuition of such poor children in eaid district as they may deem prop 
 er, gratuitous. 
 
 12. It shall be the duty of the trustees of the said high school, to make 
 an annual report to the superintendent of common schools, of the state and 
 condition of the said school. 
 
 13. The trustees shall have the general superintendence of all schools 
 taught in said school-house, and shall employ as many teachers and assistants 
 as they shall deem necessary, and shall direct the course of instruction, and 
 regulate all the internal concerns of said school, [g 2, act of 1842.] The trustees 
 of said Clyde High School may frum time to time, rent or lease for scholastic 
 purposes, such rooms or apartments in their . school house, as in their judgment 
 may not be required for the use of schools therein, established by them . 
 
 14. This act shall take effect on the passage thereof ; and the legislature 
 may at any time alter, modify, or repeal this act. 
 
 COHOES. 
 
 [Laws of 1850. Chap. 341.] 
 
 AN ACT to establish Free Schools in the village of Cohoes. 
 
 Passed April 10, 1850, "three-fifths being present." 
 
 The People of the State of New -York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The several school districts of the village of Cohoes, shall constitute 
 one school district, and the schools therein shall be free to all children between 
 the ages of five and twenty-one years, residing in such districts. 
 
 2. There shall be erected in each district one or more school-houses. 
 
 3. The title of the school -houses, sites, lots, furniture, books, apparatus 
 and appurtenances, and all other school property in this act mentioned, shall 
 be vested in the village of Cohoes, and the same while used or appropriated for 
 school purposes shall not be levied upon or sold by virtue of any warrant or ex 
 ecution, nor be subject to taxation ; and the said village, in its corporate capaci 
 ty, sLall be able to take, hold and dispose of any real or personal estate trans 
 ferred to it by gifts, grants, bequest or devise, for the use of the common 
 schools of said village. 
 
294 
 
 
 
 4. The trustees of said village may upon the recommendation of the 
 board of education hereinafter mentioned, fell any of the school houses, lots, 
 or sites, or any other school property now or hereafter belonging to said vil 
 lage. The proceeds of all such sales shall be paid to the treasurer of the vil 
 lage, and shall be expended under the direction of the board of education, for 
 any school purpose. 
 
 ^ 5. There shall be elected at the annual election in said village, to be held 
 on the first Tuesday of March, 1851, in the same manner that other village of 
 ficers are elected, from each of the districts in said village two trustees ; the 
 persons so elected shall be residents of the district for which they shall be elect 
 ed, and shall within ten days after receiving notice of their election, take the 
 oath of office prescribed by the Constitution of this State, and file the same with 
 the village clerk. 
 
 6. Within ten days after as in the last section mentioned, said trustees so 
 elected from tl;e-e districts shall meet in the office of the clerk of said village and 
 shall determine by lot which of tin two persons so elected for each district 
 shall serve for the term of one year, and which for. the term of two years. 
 
 7. In each year thereafter there shall be elected in said village at the an 
 nual election, in the same manner, and under the same regulations as other vil 
 lage officers are elected, one trustee of common schools for each district, to sup 
 ply the place of those whose terms are about to expire The term of office of 
 all trustees elected pursuant to this act shall commence on the second Tuesday 
 next after their election and shall continue two years. 
 
 8. The trustees of said village shall fill all vacancies which may happen 
 by death, resignation, or removal from the district in which each or any of the 
 trustees of common schools were elected ; the trustees so appointed shall hold 
 their office until the second Tuesday succeeding the next annual election, and at 
 each annual election there shall be elected a trustee to supply the place of any 
 person so appointed, and the person thus elected shall serve out the unexpired 
 term. 
 
 J9. Any trustee of common schools in said village may be removed from 
 ;e for official misconduct, or neglect of duty, by the trustees of said village; 
 but a written copy of the charges against said trustees shall be served upon 
 him, and he shall be allowed an opportunity to refute any such charge of mis 
 conduct or neglect of duty before removal. 
 
 10. The trustees of the several school districts of said village shall con 
 stitute a board to be styled the Board of Education of the village of Cohoes, 
 which shall be a corporate body in relation to all the powers and duties confer 
 red upon them by virtue of this act ; a majority of the board shall form a quo 
 rum. The first meeting of the board shall be held on the second Wednesday 
 next after their election, and the annual meeting of the board thereafter, shall 
 be on the second Wednesday next after their election. At the first meeting of 
 the board and annually thereafter, at the annual meeting, they shall elect one 
 of their number president of the board, and whenever he shall be absent a 
 president pro tempore may be appointed. The said trustees shall receive no 
 compensation for their services. 
 
 11. The trustees of the several school districts now existing in said 
 village, shall within thirty and not less than fifteen days preceding the time 
 for holding their annual meetings, prepare estimates of the amount of money 
 necessary to be raised in the district for continuing the several schools for the time 
 intervening between the time of holding the annual meeting and the first day of 
 March, 1851, when the present system shall be brought into use ; and they are re 
 quired within thirty days, r.nd not less than fifteen days previous to the first day of 
 March, 1851, to prepare an estimate of the amount of money necessary to be 
 raised in the several districts for the ensuing year, to be submitted to the annual 
 village meeting, which estimate shall be made out in items and passed upon, 
 item by item, by the legal voters present, and adopted or rejected wholly or in 
 part ; "the votes shall be taken by ayes and nays, or by ballot, if ordered by a 
 majority of the voters entitled to vote for such taxes. 
 
295 
 
 12. It shall be the duty of said board of education, within thirty, and not 
 less than fifteen days previous to the annual meeting, each year, to prepare an 
 estimate of all sums necessary to be raised for all school purposes mentioned 
 in this act, or deemed advisable by the board, and the specific sum necessary 
 for eacli item in said estimate, and publish the same two weeks in one or more 
 of the village papers, which shall be voted for, item by item, in the same man 
 ner as prescribed in the 1 1th section of this act. 
 
 13. Said board of education shall appoint a clerk who may be one of 
 their own number, who shall hold his office during the pleasure of the board, 
 and whose compensation shall be fixed by them. The said clerk shall keep a 
 record of the proceedings of the board, and perform such other duties as the 
 board may prescribe ; the said record or a transcript thereof, certified by the 
 president and clerk, shall be received in all courts as prima facie evidence of 
 the facts therein set forth, and such records and all the books, accounts, vouch 
 ers and papers of said board, shall at all times be subject to the inspection 
 of the trustees of the village, or any committee thereof. 
 
 14. The trustees of said village, shall have the power, and it shall be 
 their duty to raise from time to time by tax, to be levied equally upon all 
 the real and personal estate in said village, liable to taxation for the ordinary 
 village taxes, or for town or county charges, such sum or sums of money as 
 may be approved of at the annual village meeting, for any or all the follow 
 ing purposes : 
 
 1. To purchase, lease, or improve sites for school houses : 
 
 2. To build, purchase, lease, enlarge, alter, improve and repair school hous 
 es and their out houses and appurtenances : 
 
 3. To purchase, exchange, improve and repair school apparatus, books, fur 
 niture and appendages : 
 
 4. To procure fuel and defray the contingent expenses of the several 
 schools and the board of education, and the expenses of the libraries of said 
 village : 
 
 5. To pay the wages of teachers due, after the application of the public 
 moneys which may by law be appropriated and provided for that purpose. 
 Provided, nevertheless, that the tax to be levied as aforesaid and collected by 
 this act shall be collected at the same time and in the same manner as other 
 village taxes : 
 
 6. To pay the expenses of insuring all the school property of said vil 
 lage. 
 
 . 15. All moneys to be raised pursuant to the provisions of this act, and all 
 school moneys by law appropriated to, or provided for said village, shall be paid 
 to the treasurer thereof, who, together with the sureties upon his official bond, 
 shall be accountable therefor in the same manner as for other moneys of said 
 village ; the said treasurer shall b liable to the same penalties for any official 
 misconduct in relation to said moneys as for any similar misconduct in rela 
 tion to the other moneys of said village. The treasurer shall pay out all 
 school moneys on the warrant of the board of education, signed by its presi 
 dent and clerk, and all accounts so paid shall be accompanied by the affida 
 vit of the owner thereof, setting forth that the claims are reasonable, and that 
 all the articles named were furnished by the direction of the legally appoint 
 ed officers . 
 
 16. The said board shall have power, and it shall be their duty, 
 
 1. To establish and organize in said village a system of education embra 
 cing such and so many schools (including the common schools now existing 
 therein) as they shall deem requisite and expedient, and to alter and discon 
 tinue the same as may be found necessary. 
 
 2. To hire or cause to be hired school houses and rooms as they may find 
 it necessary for the accommodation of the students in said village. 
 
 3. To alter, improve and repair school houses and appurtenances, as they 
 may deern advisable. 
 
 4. To purchase, improve and repair school apparatus, books for indigent 
 pupils, furniture and other necessary articles, including libraries. 
 
296 
 
 5. To have the custody and safe keeping of the school houses, out houses*, 
 books, furniture and appendages. 
 
 6. To contract with and employ all teachers in said schools, and at their 
 pleasure remove them. 
 
 7. To pay the wages of such teachers out of the moneys appropriated and 
 provided by law for that purpose, so far as the same shall be sufficient, and 
 the residue thereof from the moneys authorized to be raised for that purpose 
 by section fourteen of this act, by tax upon said village. 
 
 8. To defray the necessary contingent expenses of the board, including 
 an annual salary to the clerk, provided the account of such expenses shall 
 first be audited and allowed by the board of trustees of said village. 
 
 9. To have in all respects the superintendence, supervision and manage 
 ment of the common schools in said village, and from time to time to adopt, 
 alter, modify and repeal as they may deem expedient, rules and regulations 
 for their organization, government and instruction, for the reception of pupils 
 and their transfer from one school to another, and generally for the promotion 
 of their good order, prosperity and public utility. 
 
 10. Whenever, in the opinion of the board, it may be advisable to sell any 
 of the school houses, lots or sites, or any of the school property now or here 
 after belonging to the village, to report the same to the trustees of the vil 
 lage. 
 
 11. Between the first day of July and the first day of August, in each 
 year, to make and transmit to the county clerk or such other officer as may 
 be designated by law in the year of its transmission, and stating, 
 
 1. The number of school houses in said village, and an account and de 
 scription of all the common schools kept in said village during the preceding 
 year and the time they have severally been taught. 
 
 2. The number of children taught in said schools respectively, and the 
 number of children over the age of five years and under the age of sixteen 
 [21] years, residing in said village on the first day of January ot that year. 
 
 3. The whole amount of school moneys received by the treasurer of said 
 village during the year preceding, distinguishing the amount received from 
 the county treasurer from the village tax and from any other source. 
 
 4. The manner in which such money had been expended and whether any 
 and what part remains unexpended, and for what cause. 
 
 5. The amount of money received as tuition fees from foreign pupils du 
 ring the year, and the amount paid for teachers wages in addition to the pub 
 lic moneys, with such other information relating to the common schools of said 
 village as may from time to tune be required by the state superintendent of 
 common schools. 
 
 1 7. It shall be the duty of each trustee to visit the schools in his dis 
 trict twice in each year, and the board of education shall provide that each 
 of the schools in the village shall be visited by a committee of three or more 
 of then- number or by their clerk at least once in each term. 
 
 18. The said board of education shall have power to allow the children 
 of persons not resident within the village to attend any of the schools of said 
 village under the care and control of said board upon such terms as said 
 board shall by resolution prescribe, fixing the tuition which shall be paid 
 therefor. 
 
 19. It shall be the duty of such board in all their expenditures and con 
 tracts to have", reference to the amount of moneys which shall be subject to 
 their order during the then current year for the particular expenditure in 
 question and not to exceed that amount. 
 
 20. The said board of trustees shall be trustees of the school library or 
 libraries in said village, and all the provisions of law which now are, or may 
 hereafter be passed relative to district school libraries shall apply to said trus 
 tees, they shall also be vested with the same discretion as to the disposition 
 of the moneys appropriated by any law of this State for the purchase of li 
 braries which is therein conferred upon the inhabitants of school districts* 
 
297 
 
 21. The said board of education shall have the control of all the books 
 and appurtenances belonging to the libraries of said village, shall appoint a 
 librarian or librarians and regulate the drawing of books from said library. 
 
 22. It shall be the duty of said board at least three weeks before the 
 annual election of trustees in each year, to prepare and report to the village 
 trustees true and correct statements of the receipts and disbursements under 
 and in pursuance of the provisions of this act, during the preceding year, in 
 which account shall be stated under appropriate heads, 
 
 1. The moneys raised by the village trustees under the fourteenth section 
 of this act. 
 
 2. The school moneys received by the village treasurer from all sources. 
 
 8. The moneys received by the village trustees under the third section of 
 this act. 
 
 4. All other moneys received by the treasurer subject to the order of th 
 board, specifying the sources. 
 
 5. The manner in which such sums of money shall have been expended, 
 specifying the amount paid under each head of expenditure ; and the trus 
 tees of said village shall at least cause the same to be published in one or 
 more of the newspapers published in said village, for two weeks before such 
 election, and cause written or printed notices to be posted on each school- 
 house door. 
 
 23. It shall be the duty of the clerk of said village, immediately after 
 the election of any person as a trustee of common schools, to personally, or 
 in writing, notify him of his election, and if any such person shall not, within 
 ten days after receiving such notice of his election, take and subscribe the 
 constitutional oath and file the same with the clerk of the paid village, the 
 trustees of said village may consider it a refusal to serve, and proceed to 
 supply the vacancy occasioned by such refusal, and the persons so refusing 
 shall forfeit and pay to the village treasurer, for the benefit of the contingent 
 fund, a penalty of ten dollars. 
 
 24. It shall be the duty of the several school districts in the village of 
 Cohoes, on or before the first Tuesday in March, 1851, to transfer and convey 
 to said village all school houses, sites, ?ots and all other school property of 
 whatever name and description, and to place in care of the board of educa 
 tion, all school districts, records, account books, vouchers, contracts, papers, 
 and other school property, and the said board shall settle all unsettled business 
 of the several school districts or parts of districts now existing in said village. 
 
 25. All laws or parts of laws conflicting with this act are hereby repealed. 
 
 26. This act shall take effect immediately. 
 
 DELHI. 
 
 [Laws of 1851. Chap. 23.] 
 
 AN ACT authorizing the election of three trustees and a district clerk in School 
 district number sixteen, located in the milage of Delhi. 
 
 Passed Feb. 26, 1851, " three-fifths being present." 
 
 The People of the State of New- York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. At the first annual meeting of the trustees and inhabitants of the 
 village of Delhi, after the passage of this act, it shall be the duty of the le 
 gal voters thereat to elect three persons legally qualified and inhabitants of 
 said village, who shall be styled " trustees of the school district of said vil 
 lage," and also one person as district clerk of said district, and they respect 
 ively shall have all the powers over the said district, and shall discharge all 
 the duties whi;>]iby law are given to and enjoined upon trustees and dis 
 trict clerks of school districts. 
 
298* 
 
 2. The trustees so chosen shall be divided by lot into three classes, to 
 be numbered one, two and three, the term of . office of the first class shall be 
 one year, of the second, two, and of the third, three years, and one trustee 
 only shall thereafter annually *be elected, who shall hold his office for three 
 years, and until a successor shall be duly elected or appointed. In case of a va 
 cancy in the office of trustees during the period for which he or they shall 
 have been respectively elected, the person or persons chosen or appointed to 
 fill such vacancy, shall hold the office only for the .unexpired term. 
 
 3. The district clerk shall hold his office for one year,"or until a succes 
 sor shall be duly elected. 
 
 4. So much of chapter one hundred and twelve, section ten, of an act 
 entitled " An act to incorporate the trustees and inhabitants of Delhi and to 
 invest them with certain powers," passed March sixteenth, eighteen hundred 
 and twenty -one, as is inconsistent with the foregoing sections of this act, is 
 hereby repealed. 
 
 5. This act shall take effect immediately. 
 
 FLUSHING. 
 
 [Laws of 1848. Chap. 81, as amended by Chap. Ill, laws of 1849.] 
 AN ACT to establish free schools in district number Jive, in the town of 
 
 Flushing. 
 Passed March 10, 1848, "three-fifths being present." 
 
 The People of the State of New -York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. School district number five in the town of Flushing, in the county of 
 Queens, shall form a permanent school district, and shall not be subject to al 
 teration by the town superintendent of common schools for the town in which 
 said district is situated. 
 
 2. The said district shall be under the direction of a board to be styled 
 " the board of education," which board shall consist of five members, three or 
 more of whom shall constitute a quorum for the transaction of business ; Effing- 
 ham "W. Lawrence, Edward E. Mitchell, Samuel B. Parsons, William H. Fair- 
 weather and Thomas Leggett, junior, shall compose the first board of educa 
 tion, and shall hold their offices from one to five years ; that is to say, one 
 shall go out of office in each year, and in the order in which their names stand 
 recorded in this section. 
 
 3 There shall be elected in each year in said district, one member of 
 said board of education, who shall be a resident and taxable inhabitant of 
 said district, and shall hold his office for five years ; the said election shall take 
 place at the annual meeting of said district, and the board of education shall 
 appoint three suitable persons as inspectors of said election, and of all other 
 elections provided for by this act, except as provided in section fourteenth of 
 this act, within thirty days next preceding any such election ; such elections 
 shall be by ballot, and notice thereof shall be given, the same shall be held 
 and conducted, the votes shall be canvassed, and the result of the election de 
 termined in the same manner as in the case of the annual election of other 
 village officers. 
 
 4. The said board of education may make all necessary by-laws for their 
 government, they shall have the entire control and management of all the 
 common schools witHin the said district and all the property belonging to the 
 same, they shall have and possess within the said district, all the rights, pow 
 ers, and authority of town superintendent of common schools. They may ap 
 point a collector with all the powers and duties of a district collector, or may 
 -employ the town or village collector for that purpose, and such collector shall 
 collect and pay over the school moneys assessed upon said district, to the 
 treasurer of the board of education in the same manner and under the same 
 
conditions as is imposed by the laws of the town or village of which he is such 
 collector. They shall require two of the members of said board to visit each 
 school in said district at least once in each week, to render such assistance to 
 the teachers, and advice to the pupils as maybe necesssry, and to see that the 
 regulations are rigidly adhered to. 
 
 5. The said board of education are hereby authorized and empowered 
 to raise a sum not exceeding the sum of five thousand dollars, either by a tax 
 on said district or by a loan, such loan to be secured by a mortgage upon the 
 public school property of said district to be executed by said board in their 
 official capacity. 
 
 6. The said board of education in addition to tire other taxes which they 
 are hereby authorized to raise, may levy and collect a sum sufficient to pay 
 interest on loans as the same becomes due, and whenever any part of the prin 
 cipal of such loans becomes due, they shall levy and collect an amount suffi 
 cient to pay the same, which sums when collected shall be paid over by said 
 board in discharge of such principal and interest. 
 
 7. The said board of education are hereby authorized and directed to 
 levy and collect by tax in each year, upon all the taxable property in said dis 
 trict, such sum as may be necessary, not exceeding in amount one-fifth of one 
 per cent, on the value of such taxable property, as the same shall be assessed 
 by the assessors of the town of Flushing. And the said board shall add to 
 the amount of any warrant for the collection of taxes such amount as they 
 shall deem proper, as the collector s fees for collection, which compensation, 
 however, shall in no case exceed five per cent, on the amount of any warrant 
 
 8. The town superintendent of common schools of the town of Flushing 
 shall pay over to the treasurer of the board of education all the public mon 
 eys to which said district number five shall be entitled for school purposes. 
 
 9. The said board of education shall call an annual district meeting at such 
 time in the year as they may think proper, and shall submit thereto a full report 
 in writing of their doings as such board ; and shall state therein the number 
 and condition of the schools in said district under their charge, and the num 
 ber of scholars attending the same, the studies pursued, the amount of moneys 
 received from the State as well as the amount required in the district for 
 school purposes and the expenditure of the same, and generally all the par 
 ticulars relating to the schools in said district, which report shall immediately 
 after it is made be published in a newspaper published in the town of Flushing 
 for two weeks, and once in each week. 
 
 10. The board of education shall have control and charge of the district 
 school library in said district, they may employ a librarian, make such addition 
 to the library, and such regulations in relation thereto, as they shall deem ne 
 cessary. 
 
 11. The school for the colored children under the charge of the female 
 association, in the village of Flushing, may with the consent of said associa 
 tion, be taken under the charge of the board of education, and be organized 
 as a district school, and be supported as the other schools in said district are 
 under this act. 
 
 12. Whenever the said board of education shall deem it necessary to 
 erect one or more school houses in said district, they shall prepare an estimate 
 showing the location proposed, the cost of the ground required, a plan of the 
 building, with the estimated cost of the building and appurtenances, and shall 
 submit the same to the electors of said district at a special meeting to be called 
 for that purpose, in the same manner as other special meetings are required to 
 be called, and if a majority of all the electors present at such meeting shall vote 
 in favor of the same, then said bsard may proceed to erect said school house 
 or houses in the manner proposed by said estimate, and if the sum authorized 
 to be raised by section five of this act should be insufficient to pay the estima 
 ted cost of such buildings and ground, with the expense of grading and regu 
 lating the grounc s, building the necessary out houses and fences, with the cost 
 of necessary books, stationary and necessary apparatus for the school house 
 and rooms, then the said board of education may raise a sum in addition to 
 
300 
 
 the sum mentioned in section five, and in the manner therein authorized, a sum 
 not exceeding fifteen hundred dollars, and they are also authorized to levy and 
 collect such amount as may be necessary topay the principal or interest of such 
 additional sum as the same may become due in the same manner as is provided 
 in section aixth of the said act. 
 
 13. The said board of education may call special meetings of said dis 
 trict whenever they may deem it necessary : they shall give notice of the same 
 by posting up a written or printed notice thereof, in at least four public places 
 in said village, and by publishing the same in a newspaper published in the 
 village of Flushing, at least one week previous to the time fixed for said meet 
 ing, which notice shall state the time and place of such meeting, and the purpose 
 for which the same is called ; and no business shall be transacted at any such 
 special meeting, except that stated in the notice calling the same. 
 
 14. [Provides for submitting the act for the approval of the legal voters 
 of the district.] 
 
 15. All laws and parts of laws inconsistent with this act are hereby re 
 pealed, so far as the same relate to district number five in the town of Flush 
 ing. 
 
 GLENS FALLS. 
 
 [Laws of 1851. Chap, 424.] 
 
 AN" ACT to unite the libraries of the common school districts of the village of 
 
 Glens Falls. 
 
 Passed July 9, 1851. 
 
 1. The libraries of school districts number two, seven, eight, eighteen, 
 nineteen, twenty, in the town of Queensbury, in Warren county, shall be united 
 into one common library for the joint use of the inhabitants of the said districts, 
 to be called the common school library of Glens Falls ; and the library mon 
 ey which shall now be or may hereafter become due to the said districts, shall 
 be paid over by the town superintendent to the directors of the said library, 
 to be appointed as hereinafter mentioned, on the same terms and conditions 
 as the said money is now paid over to the trustees of the school districts. 
 
 2. On or before the last Monday in April, eighteen hundred and fifty- 
 one, it shall be the duty of the board of trustees of the village of Glens Falls, 
 to appoint three directors, who and whose successors shall be known as " the 
 directors of the common school library of Glens Falls," who shall have the 
 sole and exclusive control of the property and funds of said library. The said 
 directors shall be divided by lot into three classes, numbered one, two and 
 three, and the term of office of the first class shall be one year, that of the sec 
 ond class two years, and that of the third class three years ; and on or before 
 the last Monday in April in each year thereafter, one director shall be chosen, 
 who shall hold his office for three years and until a successor shall be duly ap 
 pointed. In the case of a vacancy in the office of any director during the pe 
 riod for which he shall have been chosen, the person to fill such vacancy shall 
 hold the office only for the unexpired term of three years. 
 
 3. It shall be the duty of the said directors, 
 
 1. To establish and organize on a proper basis the said " common school 
 library." 
 
 2. To purchase books, exchange or cause to be repaired damaged books, 
 sell any books they may deem useless or not suited to the library, and apply 
 the proceeds to the purchase of other books for the said library, and to pur 
 chase maps and apparatus for the joint use of the school districts : 
 
 3. To have in all respects the superintendence, supervision and manage 
 ment of the said library and funds, and to adopt, modify and repeal as they 
 may deem expedient, rules and regulations for the government, safe keeping 
 and preservation of the same, and the promotion of its public utility, and 
 to make and enforce proper penalties for the violation of its rules and regu- 
 
301 
 
 4. On or before the last Monday in April in each year, to report to the 
 trustees of the village of Glens Falls a statement of the books which they 
 have purchased the preceding year, together with an account of their expen 
 ses and disbursements, and such other matters connected with the condition 
 of the said library as they shall deem proper : 
 
 5. And shall further perform all other duties not inconsistent with this act, 
 and be subject to all the liabilities of the trustees of the school district libra 
 ries ; but their expenditures are to have reference to the funds subject to their 
 order during the current year. 
 
 4. It shall also be the duty of the said directors annually to appoint a libra 
 rian, who shall be subject to all the requirements and perform all such duties 
 not inconsistent with this act as are now required to be performed by the li 
 brarians of the school districts. 
 
 5. The directors are empowered to pay the librarian a sum not exceed 
 ing twelve dollars per annum for his services, and may audit and allow Other 
 proper accounts and expenses necessary for the maintenance, support and 
 proper conduct of the said library, to a sum not exceeding eight dollars per 
 year ; and it shall be the duty of the trustees of the village to furnish suita 
 ble cases for the preservation of the said library, and of all additions to the 
 same. All expenses incurred by the provisions of this section to be paid by 
 the village corporation. But the said directors shall perform their service* 
 without compensation. 
 
 6. The said directors shall have the same power and authority in regard 
 to the prosecution and defence of all suits at law touching the property of the 
 said library as are now possessed by trustees of school districts in relation to 
 school district property ; but all such suits shall be prosecuted or defended, 
 and also all fines and penalties that may be imposed by the terms of this act, 
 shall be collected in the name of the " common school library of Glens 
 Falls ; " and this provi sion shall extend to all books which may be in the 
 hands of individuals and not returned to the libraries of the respective 
 school districts at the time of the passage of this act ; and all the rights and 
 duties of the trustees with regard to such books, shall be vested in the said 
 directors. 
 
 7. The legislature may at any time alter or repeal this act. 
 
 $ 8. This act shall take eft ect ilnmediatelv. 
 
 HUDSON. 
 
 [Laws 0/1841. Chap. 350, as amended by Chap. 12, laws of 1843, and 
 Chap. 132, laws of 1844.] 
 
 AN ACT in relation to common schools in the city of Hudson. 
 
 Tfie People of the State of New - York, represented in Senate and A sembly 
 do- enact as follows : 
 
 1. The members of the common council of the city of Hudson shall by 
 virtue of their office be commissioners for common schools in and for said eitv, 
 and in common council shall perform all the duties of such commissioners,, 
 and shall possess all the rights, powers and authority, and shall be subject to 
 all the duties and obligations of commissioners of common schools [town su 
 perintendent] in the several towns of this state, and shall have power, 
 
 1. To divide the city into school districts of which there shall not be less* 
 than three in the compact part of the city. 
 
 2. They shall designate, purchase, or lease, or otherwise obtain, in eac 
 school di strict, a site or sites for a school house or the school houses therein 
 and shall fence or improve the same in such manner as to them shall appear 
 suitable and proper. 
 
302 
 
 3. They shall cause to be built or procured in each district such school 
 house or school houses and out houses, as shall appear to them suitable and 
 sufficient. 
 
 4. They shall complete, improve, enlarge or repair any district school 
 house, from time to time, as they shall think proper ; and they shall supply 
 the district school houses, whenever they shall deem it expedient, with such 
 school apparatus, books, furniture and appendages as they may think neces 
 sary. 
 
 5. They shall appoint, in the manner provided by them for the appoint 
 ment of other officers of said city, three persons to be denominated a board 
 of superintendents ; of these three persons the one first chosen shall continue 
 in office for three years ; the one next appointed shall continue in office for 
 two years, and the one last appointed shall continue in office for one year. 
 
 6. They shall have power, and it shall be their duty, to make such by 
 laws and ordinances as may be in their opinion necessary for the prosperity 
 and good order and efficient government of the common schools, and the secu 
 rity and the preservation of the schoolhouses, and other property belonging 
 to the school districts ; and to prescribe the duties and powers of the board 
 of superintendents in all cases not provided for by this act. 
 
 7. They shall require and take from the superintendents and collectors 
 such security tis they shall deem expedient, and if such security is not given 
 by any superintendent or collector, the said common council may declare his 
 office forfeited, and appoint another superintendent or collector in his place. 
 
 8. They shall supply a vacancy produced in the board of superintendents 
 from any cause ; the person appointed to fill such vacancy shall continue in 
 office during the unexpired remainder of the term for which his predecessor 
 was chosen, and no longer, unless reappointed. 
 
 9. They shall divide the district schools in said city into primary and 
 higher departments or otherwise, whenever they shall deem such division de 
 sirable ; and they shall prescribe regulations for the transfer of scholars from 
 one department to another, and they shall direct the board of superintend 
 ents to provide a sufficient number of suitable instructors for each of these de 
 partments. 
 
 2. The clerk of said city by right of office shall be the clerk of the may 
 or and aldermen thereof when acting as commissioners of common schools, 
 and he, as such clerk, shall perform all the duties in reference to said city, 
 that the town clerks in the several towns in this state perform as clerks of 
 common schools in such towns, and be subject to the same penalties for the 
 neglect thereof, 
 
 3. The board of superintendents of common schoools in the city of Hud 
 son shall in respect to the common schools in said city, possess all the powers 
 and be subject to all the duties and obligations of the inspectors of the com 
 mon schools in the different towns in this state ; it shall carry into effect all 
 the ordinances and orders of the common council in respect to common schools ; 
 and it shall be lawful for the said common council to assign to said board any 
 duty required of them, in respect to the common schools in said city. The 
 said board shall be under the direction of the common council, and they shall 
 have power, and it shall be their duty, 
 
 1 . To contract for and superintend the building, enlarging, improving, fur 
 nishing and repairing of all school houses under the charge of said common 
 mon council, and the making of all repairs and improvements on and around 
 the same. 
 
 2. To provide for the safe keeping of the district school houses in said 
 city. 
 
 3. To contract with and employ all the teachers in the several districts 
 therein. 
 
 4. To prevent scholars resident in one district from attending a school in 
 another district, and also to prevent scholars from going from one school to 
 another in the same district, without having in both the above cases written 
 permission so to do from the said board. 
 
303 
 
 5. To select such books as they shall deem most suitable to be used as 
 class books in the schools, and to establish an uniformity in all the schools in 
 regard to the books used therein. 
 
 6. To visit each school as often as once in each quarter, and to report the 
 condition of the same, with such suggestions for the improvement thereof, 
 to the common council as they may deem advisable, -which reports shall be 
 published by the common council in two of the city papers. 
 
 7. To remove any teacher, on manifest neglect of duty, or upon his viola 
 ting his contract ; upon paying such teacher pro rata for the time he has been 
 employed. 
 
 8. To pay the wages of all the teachers by orders on the common council 
 as commissioners of common schools, so far as the public money in their 
 hands, or the money raised by tax, as to be hereafter provided for, and the 
 money paid over by the collector of the rate-bills, shall be sufficient for the 
 purpose. 
 
 9. To make out rate-bills for the payment of teacher and contirjigent ex 
 penses, against the parent or guardian of each scholar, and expense of collec 
 tion of the same, (except those exempted, as hereafter to be provided for,) 
 which shall not however exceed two dollars per quarter for each scholar ; and 
 no bill shall be made out for less time than one quarter, and to annex thereto 
 a warrant for the collection thereof, 
 
 4. The said common council of the city of Hudson, shall appoint a col 
 lector or collectors for the purpose of collecting the rate bills, if any are made 
 out by the board of superintendents ; rate-bills shall be made out and levied 
 upon the parents or guardians of children sent to the district ^chools, in the 
 manner provided by law in respect to school districts, except such as shall 
 procure a certificate of inability to pay the same, from the aldermen or assis 
 tant aldermen of the ward in which such parent or guardian resides. 
 
 1. [Act of 1843.] The board of superintendents appointed or to be 
 appointed under the act hereby amended, are hereby authorized to receive 
 all the moneys intended for the support of common schools in and for the 
 city of Hudson, and to expend the same as provided in said act. 
 
 2. [Act of 1843.] It shall be the duty of the treasurer of the county of 
 Columbia, and of the collectors of taxes in and for the city of Hudson, and 
 of the collectors of rate-bills, under the provisions of the act hereby amended, 
 to pay over directly to the said board of superintendents all the moneys that 
 may come into the hands of said treasurer and said collectors respectively, 
 intended for the benefit and support of common schools in said city. 
 
 5. The said common council shall be authorized to borrow the sum of 
 five thousand dollars for twenty years, at a rate of interest not exceeding six 
 per cent, per annum, for the purpose of procuring suitable school houses for 
 said city, with such appurtenances and improvements as may be deemed ex 
 pedient. 
 
 6. The Comptroller is hereby authorized to loan to the city of Hudson, 
 the sum of five thousand dollars to be paid in twenty equal annual instal 
 ments, out of any moneys now or hereafter in the treasury of this state, be 
 longing to the capital of the common school fund, on receiving from the cham 
 berlain in behalf of the said city, a bond conditioned from him as treasurer 
 of said city and his successor in office, to repay the said sum in twenty equal 
 annual instalments, together with the annual interest on said loan from the 
 time it was made, at the rate of six per cent, per annum, and which bond said 
 chamberlain is hereby authorized to make and execute. 
 
 7. The common council of said city are hereby authorized to raise by 
 tax upon the real and personal property of said city, in the same manner as 
 the general taxes of said city are levied and collected, the annual interest of 
 the above mentioned loan, and to pay over the same in discharge of such in 
 terest ; and also in each year in which an instalment of the above loan shall 
 become due, to raise, levy and collect in the same manner, a sum equal to that 
 instalment, and to pay over the same in discharge thereof, and the said com 
 mon council shall also in the same manner raise, levy and collect such eum 
 
304 
 
 annually, not exceeding two hundred dollars, as may be necessary for repair?, 
 furniture of said school buildings and contingent e xpenses. 
 
 8. The supervisors of the county of Columbia, at their annual meeting 
 in each year, shall cause a sum of money equal to four times the amount of 
 money apportioned to the city of Hudson from the common school fund, to 
 gether with the collector s fees, to be raised, levied and collected in the same 
 manner that other taxes are raised, levied and collected, and when so raised 
 to be paid to the board of superintendents for the support of common schools 
 in said city. 
 
 9. After the year one thousand eight hundred and fifty -three, the common 
 council shall have it in their power to reduce, if they deem it expedient, the 
 above sum to twice the amount apportioned to the city of Hudson, from the 
 common school fund, and have recourse to the system of rate-bills as adopted 
 in the several towns in this state, to supply deficiencies. 
 
 1. [Act of 1844.] It shall be the duty of the board of superintendents 
 of common schools of the city of Hudson, annually hereafter to appoint a li 
 brarian for the joint school district library in said city, who shall perform all 
 the duties and be subject to all the restrictions and liabilities now required 
 or imposed upon librarians in the several school districts of the state : and 
 may be removed from office and a successor appoined by said superintendents 
 for any wilful neglect of duty, and whenever they shall have reason to ap 
 prehend the loss of, or injury to any of the books belonging to such library, 
 through his misconduct. 
 
 2. [Act of 1844.] The common council of said city are hereby authori 
 zed and empowered, annually to appropriate such sum for the compensation o 
 said librarian as they may deem expedient, not to exceed the sum of fifty dol 
 lars, which shall be raised, levied, and collected in the same manner as other 
 city charges, and when so collected shall be paid over to the superintendents 
 aforesaid, to be by them appropriated as specified in the first section of this 
 act. 
 
 10. All the general laws of this state relating to common schools and 
 their officers, except as the same are modified by this act, shall extend to and 
 include the schools established under this act, and the commissioners, inspec 
 tors and other officers having charge thereof or in any way connected there 
 with. 
 
 11. All laws relating to the appointment of commissioners and inspec 
 tors of common schools in the city of Hudson, and the act entitled, " An act 
 to authorize the raising of money for the support of the Lancaster school of 
 the city of Hudson," passed May 11, 1835, and all other acts which conflict; 
 with this act, are hereby repealed. 
 
 12. This act shall take effect immediately. 
 
 LANSINGBURGH. 
 
 [Laws of 1847. Chap. 336.] 
 AJT ACT to provide for a free school in district number one in the town of 
 
 Passed October 26, 1847, " three-fifths being present" 
 
 The People of the State of New -York, represented in Senate and A.ssembl<i. 
 do enact as follows : 
 
 6 1. The trustees of school district number one in the town of Lansing- 
 burgh, in the county of Rensselaer, shall annually, at least three weeks be 
 fore their annual meeting, prepare an estimate of the amount which they 
 shall deem necessary to pay the debts of such district, and tor the support 
 of common schools therein, for the ensuing year, exclusive of the moneys 
 which they may be entitled to receive from the town superintendent, and in- 
 
305 
 
 eluding the sums required for the purchase of necessary furniture, apparatus 
 and books, and for contingent expenses, and shall cause printed or written 
 notices thereof to be posted for two weeks thereafter, in five or more of the 
 most public places in said district. They shall present such estimate at such 
 annual meeting, when the inhabitants of such district, entitled to vote at 
 school district meetings, then present, shall vote thereon, and the same having 
 been approved of by a majority of such inhabitants, shall be levied and raised 
 by tax on such district, as now provided by law for raising a district school tax. 
 
 2. "When the trustees shall have completed the tax list, they shall issue 
 their warrant to the collector of taxes of said district, returnable in thirty 
 days, for the collection of the same, and take from such collector approved 
 security for the performance of his duty ; such warrant may be renewed from 
 time to time. The moneys so collected shall be paid to said trustees, and by 
 them appropriated to the purposes for which the same was voted, unless oth 
 erwise directed by a vote of the inhabitants, at their annual district school 
 meeting, or a special meeting called for the purpose. 
 
 8. The tax hereby imposed shall be a lien upon the lands taxed, to 
 be enforced and collected by sale, in the manner that county taxes are, upon 
 a return to be made by said collector to the treasurer of the county, of all un 
 paid taxes in said district. 
 
 4. This act shall take effect immediately. 
 
 LOCKPORT. 
 
 [Laws of 1847, Chap. 51, Laws of 1850. Chap. 77,] 
 AN ACT in relation to common schools in the village of Lockport. 
 
 Passed March 31, 1847, <: three-fifths being present." 
 
 The People of the State of New - York, represented in Senate and Assembly, 
 do Enact as follows : 
 
 1. School districts numbers one, two, five, seven, eight, fifteen and six 
 teen, of Lockport, lying principally within the village of Lockport, are here 
 by consolidated for "the purposes and to the extent in this act specified ; and 
 shall hereafter, for such purposes, and to such extent, form but one school dis 
 trict, to be called " The union school district of Lockport." 
 
 2. Said seven school districts shall remain and continue separate and 
 distinct, for the purposes and to the extent in this act specified : and shall be 
 called " primary school districts," and numbered as follows : 
 
 Said district number one, shall form primary district number one : 
 
 Said district number two, shall form primary district number two ; 
 
 Said district number seven, shall form primary district number three ; 
 
 Said district number fifteen, shall form primary district number four ; 
 
 Said district number eight, shall form primary district number five; 
 
 Said district number sixteen, shall form primary district number six ; and 
 
 Said district number five, shall form primary district number seven. 
 
 Said districts shall not be subject to alteration except by the acts of the 
 legislature, or by resolution of the board of education hereinafter created. 
 The schools in said primary districts, shall be used as preparatory schools for 
 the instruction of children until they arrive at a certain age, and attain a cer 
 tain proficiency in learning ; who shall then be transferred, upon the proper 
 testimonials, into the union school hereinafter mentioned ; the age, qualifica 
 tions and testimonials, to be prescribed by the by-laws, rules and regulations 
 of the board of education hereinafter created. 
 
 3. Sullivan Caverno, residing in primary district number one ; 
 
 William G-. M Master. residing in primary district number two ; 
 
 Joseph T. Bellah, residing in primary district number three ; 
 
 Silas H. Marks, residing in primary district number four ; 
 20 
 
306 
 
 Isaac C. Cottlton, residing in primary district number five ; 
 
 John S. Woolcott, residing in primary district number six ; and 
 
 Edwin L. Boardman, residing in primary district number seven, are.hereby 
 appointed trustees in behalf of such districts respectively ; and Nathan Dayton, 
 Samuel Works, Jonathan L. Woods, Lyman A. opaulding and Hiram Gardner, 
 we hereby appointed trustees in behalf of said union district. The trustees 
 o named, and their successors, to be chosen as hereinafter provided, are here- 
 by constituted a corporation by the name of " The board of education for the- 
 Tillage of Lockport." 
 
 4. On the first Monday of September next, there shall be elected, in the 
 manner that trustees of school districts are now elected, by each primary dis 
 trict, one trustee, (who shall be a resident of such primary district,) to fill the 
 places of those named in the last section, in behalf of such districts respect 
 ively. On the first Monday of October next, there shall be elected in like 
 manner, by a meeting of the persons qualified to vote for school district offi 
 cers, residing within the bounds of said union district, five trustees, resident 
 of said union district, to fill the places of those named in the last section, in 
 behalf of said union district Annually thereafter, on the days above speci 
 fied for such elections, there shall in like manner, be elected four trustees to 
 fill the places of those whose terms shall next thereafter expire, as hereinafter 
 provided. The trustees named hi the third section above, shall hold their of 
 fices until the first Monday of January next, and until their successors shall be 
 hoseu and enter upon the discharge of the duties of their offices respectively. 
 Every officer elected under this act, shall enter upon the duties of his office 
 on the first Monday of January next succeeding his election, and shall hold his 
 office for the term hereinafter provided, and until his successor shall be* elected, 
 and shall enter upon the discharge of the duties of his office. Within ten days 
 after any such election, the clerk of such district shall certif3 r to said board of 
 education, the names of the officers so elected. 
 
 5. Within ten days after the first election of trustees of said union dis 
 trict, as provided in the last section, all the trustees so elected by said primary 
 and union districts, or a majority of them, shall meet and cau?e the whole 
 number of trustees so elected, to be divided into three classes ; to be severally 
 numbered first, second and third. The term of office of the first class, shall 
 expire at the end of one year ; of the second class, at the end of two years ; 
 and of the third class, at the end of tliree years from the first Monday of Janu- 
 uary next There shall also be elected in each of said districts, at the time of 
 RO electing trustees, a clerk, who shall hold his office for one year, and until 
 his successor be elected, and enter upon the duties of his office. 
 
 f) 6. There shall annually be appointed by said board of education, a col 
 lector, librarian, and irea-surer of said union district ; who shall each, withia 
 ten days after receiving notice in writing, of his appointment, and before en 
 tering upon the duties of his office, execute and deliver to said board of edu- 
 fttion, a bond in such penalty, and with such sureties as said board may re 
 quire ; conditioned for the faithful discharge of the duties of his onice. In 
 case sruch ?x;n.d shaH not be given within ten days after receiving such notice, 
 ffuc-h office ehifil then: by become voca!:o-J, and gid board of educuiiou shall 
 tiiei .. . 
 
 $ *7 Notices for annual elections, and ail other meetings of said district*?, 
 shall be given by w.id board of education, at least ten days before such elec 
 tion or meeting, by publishing such notice once in each of the newspapers 
 printed in the village of Look port ; and if such notice bo for aji election or 
 meeting of said union district, by posting the same on the door of the school - 
 house in each primary district ; if such notice be for an election or meeting oi 
 any primary district, then by posting such notice on the door of the school- 
 house in such district. 
 
 8. In case of a vacancy of any office mentioned in this act, occasioned by 
 the death of such officer, his refusal to serve, removal out of the district for 
 which he shall have been elected or appointed, his incapacity, or any cause 
 other than the expiration of the term of office of persons elected, said board 
 
307 
 
 of education may make an appointment to fill such vacancy. The officer 90 
 appointed, shall hold his office for the un expired term of the person, to supply 
 whose place he shall be so appointed. 
 
 9. Said board of education shall be a corporate body in relation to all 
 the powers and duties conferred upon them by virtue of the provisions of thig 
 act; a majority of the board shall form a quorum. 
 
 10. Said board of education shall possess all the powers and be subject 
 to all the duties in respect to all of said school districts that the trustees of 
 common schools now possess or are subject to ; and such other powers and du 
 ties as are given or imposed by this act. The clerk, collector and librarian of 
 said union district, shall possess all the powers, and be subject to all the du 
 ties in respect to said union district, that like officers of common schools now 
 possess or are subject to, and such other powers aud duties as are given or 
 imposed by this act. The offices of collector and librarian, and two of the trus 
 tees of each of the school districts hereby consolidated, shall be abolished from 
 and after the time when said union school shall go ink) operation. In the mean 
 time, such officers, and the several districts in district meetings, shall continue 
 to discharge such ordinary powers and duties as said board of education mar 
 by resolution prescribe ; but they shall not possess or exercise any right or 
 power which may conflict with the provisions of this act, or impair the powers 
 hereby intended to be conferred on said board of education, or in any way em- 
 barass the said board of education in the exercise of the powers, or in the dis 
 charge of the duties conferred or imposed upon said board, by the provision!! 
 of this act. 
 
 11. Said board of education, shall, at its first meeting, and annually 
 thereafter, at their meeting held next after the first of January, in each year, 
 appoint one of their number president and another secretary. In the absenc* 
 of either of such officers at any regular meeting of the board, a president or 
 secretary may be appointed for the time being. 
 
 12. The secretary shall keep a record of the proceedings of said board 
 of education, which record, or a transcript therefrom, certified by the president 
 and secretary, shall be received in all courts as presumptive evidence of the 
 facts* therein set forth. 
 
 13. Each member of said board of education, and every other officer of 
 ?aid union district, before entering upon the duties of his office, shall take and 
 ubscribe the oath of office prescribed by the constitution of tin s state, and file 
 tbe same with the secretary of said board. 
 
 14. Said board of education shall have power, and it shall be their 
 duty, 
 
 1 . To establish and organize so many primary schools as they shall deem 
 requisite and expedient, and to alter and discontinue the same; 
 
 2. To purchase or hire school houses, rooms lots or site^ for schbol hou*e, 
 and to fence and improve thorn as they may think proper; 
 
 3. Upon such lots or sites, and upon any lot or site now owned by any pri 
 mary district, to build, enlarge, alter, improve and repair .school houses, out 
 houses and appurtenances aa they may deem advisable ; 
 
 4. To purchase, exchange, improve and repair school apparatus, books, fur 
 niture ruul appenJa2C3, to provide fnol for the schools, and defray their contin 
 gent expanses, and thy ex^/on -i .! ! A thu library and salary of the librarian ; 
 
 5. To have the custody and safe keeping of the school houses, out house*, 
 apparatus, books, furniture and appendages, and seo that the ordinance 
 by-laws of said board, in relation thereto, ba observed ; 
 
 6. To contract with aacl employ nil teachers, in all the schools linger their 
 harge. and at their pleasure to remove them ; 
 
 7- To pay the wages of such teachers out of the public money, and tuitioa 
 fees to be received by them according to the provisions of this act, so far as 
 the same shall be sufficient, and the de&cieney, if any, out of the moneys to be 
 raised for general purposes of education, ua ier aad virtue of the provisions of 
 this act; 
 
308 
 
 8. To fix the rate of tuition fees in said union school, subject to the limita 
 tions and restrictions hereinafter contained, and to designate some person or per 
 sons to whom the same may be paid previous to issuing the warrant for the 
 collection thereof ; and by a resolution of said board, to be recorded by the 
 secretary, to exempt from the payment of the whole or any part of the tuition 
 fees, such persons as they may deem entitled to such exemption, from indi 
 gence, or any other sufficient cause ; 
 
 9. After the close of each quarter of said union school, to make out a rate-bill, 
 containing the name of each person liable to pay tuition fees for tuition in said 
 union school, who shall not have paid the same prior to making out such rate-bill, 
 according to the provisions of the last preceding sub-division of this section, and 
 the amount for which such person is liable, adding thereto a sum not 
 exceeding five cents on each dollar for collector s fees, (which fees shall be fixed 
 by said board, at the time of making out every rate-bill,) to annex thereto a 
 warrant for the collection thereof, to be signed by the president of said board 
 or a majority of the members thereof, and deliver the same to the collector, who 
 shall collect the same in the same manner as collectors of school districts are 
 by law authorized and required to execute like warrants issued by the trustees 
 of common school districts ; and who, in the execution of the same, shall be 
 under the same protection, possess all the powers, and be subject to all the du 
 ties as such collectors now have, possess, and are subject to in respect to like 
 warrants ; and for this purpose, the jurisdiction of said board of education, 
 and of said collector, shall extend to any other district or town, and to any resi 
 dent of such other district or town, who may be liable for tuition in said union 
 school, in the same manner and with the like authority, as to said union dis 
 trict, or residents of said union district ; 
 
 10. To have in all respects the superintendence, supervision, management 
 and control of all the schools mentioned or contemplated in, and by the pro 
 visions of this act ; to prescribe the course of studies therein, the books to 
 be used and establish an uniformity in respect to such course of studies and 
 books ; from time to time to adopt, alter, modify and repeal, as they deem 
 expedient, rules, regulations and ordinances, for the organization, government 
 and instructions of such schools, for tke reception of pupils and their transfer 
 from one school to another ; for the promotion of their good order, prosperity 
 and public utility ; for the protection, safe keeping, care and preservation 
 of school houses, lots, sites and appurtenances, and all other property connec 
 ted with or appertaining to such schools ; 
 
 11. To cause such rules, regulations, ordinances and by-laws to be pub 
 lished in such manner and form, as they may deem best calculated to give 
 general information ; to cause one copy thereof, together with a copy of ^his 
 act to be kept in each of said schools, and such parts thereof as relate to 
 such schools respectively, to be read therein, at least once during each 
 quarter ; 
 
 12. Said board of education shall in all respects be subject to the visita 
 tion and control of the superintendents of common schools of the town, coun 
 ty and state in the same manner as the common schools in this state are 
 subject. 
 
 15. Said board of education shall have power, and it shall be their 
 duty, to raise from to time, by tax upon the real and personal estate within 
 the bounds of said union district which shall be liable to taxation for the 
 ordinary taxes of said village, or for town or county charges, such sums as may 
 be determined by resolution of said board, to be necessary for any and all 
 the purposes mentioned in the last preceding section, or to meet any deficiency 
 arising from any cause connected with the subject of education in said village, 
 to provide for which, power shall be given to said board by the provisions 
 of this act, the laws relating to common schools, or the rules and regulations 
 of the superintendent of common schools. "Whenever any sum of money 
 shall be needed by any primary district, for any of the objects in this or the 
 last preceding section mentioned, except for teachers wages, said board of 
 education shall cause such amount to be assessed, levied and collected from 
 
the property of such district by the same warrant, in addition to, and in 
 connection with the tax next to be raised for the general purposes of educa 
 tion, under and by virtue of the provisions of this act ; making therefor a 
 separate column in said tax list. The treasurer shall keep a separate account 
 of all moneys so raised for such primary district, and said board of education 
 shall, by orders on such specific fund, draw out such moneys only for such 
 objects, and in favor of such primary district. 
 
 Said board of education shall, at the commencement of each year, make an 
 estimate by the best means in their power, of the amount of money which 
 will be needed for all the purposes of education, and other purposes pro 
 vided for by this act, over and above the moneys to be received from the 
 town superintendent, and from tuition fees, and shall cause the same to be 
 raised by one assessment and warrant ; and not more than two taxes for 
 such purposes, shall ever be raised in one year. 
 
 The amount of money so to be raised in any one year, after the first year, 
 shall not be less than the amount received in behalf of all said districts, from 
 the town superintendent, for the year next preceding ; nor more than four 
 times that amount, unless such greater amount shall be authorized by a vote 
 of the taxable inhabitants of said union district, at a regular meeting of such 
 district. 
 
 16. Said board of education shall have power, and it shall be their duty, 
 forthwith to purchase a suitable lot, so situated as best to convene the whole 
 of said union district, not to exceed, in cost, the sum of twenty-five hundred 
 dollars, and procure a clear title thereof, to be vested, by deed", in said board 
 of education; to cause said lotto be graded, fenced, and otherwise properly 
 improved ; to erect thereon a suitable and proper building or buildings, to be 
 built of stone or brick, not to exceed in expense, the sum of eight thousand 
 dollars, nor to cost less than five thousand dollars ; furnish the same with all 
 proper, useful and necessary furniture, apparatus and appendages ; as soon 
 as the building is in proper condition, employ a sufficient number of well 
 qualified teachers, male and female, and cause a. school to be commenced 
 therein, to be called "The Lockport Union School," in which shall be taught 
 only the higher branches of education. 
 
 The tuition fee in said union school, shall not exceed two dollars each, per 
 quarter, for pupils whose parents or guardians reside within the territory of 
 said union district; for all other pupils, said tuition fee shall not be less than 
 two dollars, nor more than five dollars per quarter. jS T c> tuition fee shall 
 thereafter be charged, nor any rate bill be made for tuition in the primary 
 schools, but the same shall be free schools. 
 
 55 17. Said board of education shall, as soon as practicable make an esti 
 mate of the amount of money, which, in their opinion, will be necessary for 
 the purposes in the last section specified, ami also for such purposes specified 
 in section fourteen, of this act, as may be needed or required for the first 
 year, and shall forthwith assess, levy and collect the same, by tax upon real 
 and personal estate, as specified in section fifteen of this act. They shall , 
 for this and all other taxes to be raised by them, make out a tax list, in the 
 manner and form in which like tax lists are now made by trustees of school 
 districts, so far as such form is applicable, annex thereto, a warrant in like 
 form, signed by the president or a majority of the members of said board, 
 and deliver the same to the collector ; which, when so made and signed, shall 
 be as effectual to all intents and purposes, as like tax lists and warrants, 
 when made by the trustees of common school districts. Said board mav, in 
 respect to the collection of all taxes, conform to the provisions of the twenty- 
 ninth, thirtieth and thirty -first sections of the one hundred and eightieth chap 
 ter of the Session Laws of one thousand eight hundred and forty-five, and 
 require the collector to comply with the provisions of said sections, so far as 
 the same are applicable. Said board may so far vary from the provisions of 
 paid sections, as to time and places, as to render them applicable, and may 
 make such warrants returnable at sixty or ninety days, in their discretion, 
 instead of thirty days, as now required by law, in respect to such warrants 
 
310 
 
 made by trustees of common school districts ; but all property now exempt, 
 by section twenty-two, title five, chapter six, part third of the Revised Statutes, 
 from execution shall be exempt from all such warrants. 
 
 18. All moneys to be raised by virtue of this act, and all moneys by law. 
 Appropriated to, or provided for said districts, shall be paid to the treasurer 
 of said board, who together with the sureties upon his official bond, shall b 
 Accountable therefor, to said board of education. Said treasurer shall not pay 
 out any of such moneys, except by resolution of said board, and upon an order 
 drawn by the president and certified by the secretary, to be so drawn in 
 pursuance of such resolution. 
 
 19. Said board of education shall meet for the transaction of business, 
 AS often as once in each month, and may adjourn for any shorter time. Special 
 meetings may be called by the president, or in his absence or inability to act, 
 by the secretary or any other member of the board, as often as necessary, by 
 giving personal notice to each member of the board, or causing a written or 
 printed notice to be left at his last place of residence, at least twenty-four 
 hours before the hour of meeting. No member of said board shall receive 
 any pay or compensation for his services. It shall not be lawful for any 
 member of said board, or any other officer of either of said districts, to become 
 a contractor for building or making any improvement or repairs authorized 
 by this act, or be in any manner, directly or indirectly, interested, either as 
 principal, partner or surety in any such contract. All contracts, made in vio 
 lation of this provision, shall be absolutely void, and the person so violating, 
 shall forfeit the sum of fifty dollars ; to be prosecuted for, and recovered by 
 said board. 
 
 20. Instead of the report now required by Jaw to be made by trustees 
 of school districts, to the town superintendent of common schools, the trus 
 tee so to be elected for each primary district, shall, within the time now re 
 quired by law, make such report to said board of education, and shall therein 
 embrace such other and further matters as may be required and prescribed by 
 said board, or as such trustee may think the interests of such primary dis 
 trict or school may require. Said boavd of education shall, annually, be 
 tween the first of January and the first of March, in each year, make to the 
 town superintendent of common schools, a report, containing all such matters 
 relating, as well to said Union district and Union school, as to said primary 
 districts and their schools, as is now, or shall hereafter be required by law, or 
 the regulations of the superintendent of common schools, to be reported to 
 said town superintendent, and such other and further matters as they may 
 deem advisable. Such report shall be received by. said town superintendent, 
 instead of the reports now required from each, of said seven districts. A 
 copy of such report shall be filed with the secretary of said board. 
 
 21. Said board of education shall, from time to time, appoint such, and 
 so many members of their board, as they may deem proper, not less than 
 three in number, a visiting committee ; whose duty it shall be to visit said 
 union school, and each of said primary schools, as often as once in each quar 
 ter; and make a report in writing to raid board, showing the state and con 
 dition of each school, school-house, apparatus and appendages, and such 
 other matters as said board may require of them, and such suggestions for 
 the improvement of the same, as they may deem proper and advisable ; such 
 reports shall be filed and kept among the papers of said board. Such board 
 may in their discretion, cause such reports, or any parts of the same, or the 
 .lubstance thereof, and any and all other matters relating to said schools, to 
 be published in such form" as they may deem advisable. They shall, at the 
 close of each year, publish in one or more of the village newspapers, a report 
 f the moneys received and expended by them, during the year, and such 
 ether matters as they deem advisable. 
 
 22. Whenever, in the opinion of said board, the interests of any primary 
 district, require the sale or exchange of the school lot therein, .-aid board 
 may cause such sale or exchange to be made, and hold the proceeds thereof, 
 
 rthe use and benent of such primary district. 
 
311 
 
 23. The title of school-houses, sites, lots, furniture, books, apparatus 
 and appurtenances, and all other school property in this act mentioned, shall 
 be vested in said board of education ; and the same, while used for, or ap 
 propriated to school purposes, shall be exempt from all taxes and assessment*, 
 and shall not be liable to be levied upon, or sold by virtue of any warrant 
 or execution. Said board of education, in their corporate capacity, shall be 
 able to take, hold and dispose of any real or personal estate, transferred to 
 it by gift, grant, bequest or devise, for the use of said schools, or any or 
 either of them. Provided, however, that said board shall not have power to 
 sell, grant, dispose of or incumber, said union school lot. 
 
 24. Every officer in this act mentioned, having at the time, the pos 
 session, custody, care, charge or control, of any property belonging to said 
 schools, or any or either of them, or any money raised by the provisions of 
 act, or provided by law for the purposes of education in said village, shall, 
 at the expiration of his term, or whenever such officer shall resign, be remov 
 ed from office, cease to act, or his office be otherwise vacated, transfer all 
 such property, and pay over all such money to the board of education. 
 
 25. Every resignation of officers appointed or elected under this at, 
 shall be made to the board of education, and such resignation shall have no 
 force or effect, nor in any degree excuse such officer from the discharge of 
 his duties, until the same be accepted and approved by a resolution of said 
 board. 
 
 26. Any such officer may be removed from office for any official mis 
 conduct or neglect of official duty, by resolution of said board ; two thirds 
 of the members thereof concurring. " Opportunity shall be given to every 
 such officer to be heard in his defence, before any such resolution shall be 
 adopted. 
 
 27. Every person appointed or elected to any office mentioned in this 
 act, who, without sufficient cause, shall refuse to serve therein, shall forfeit 
 the sum of ten dollars ; and every person so appointed or elected, and not 
 having refused to accept, who shall neglect to discharge the duties of such 
 office, shall forfeit the sum of twenty dollars to sai l board of education. 
 It shall be the duty of said board of education, forthwith, to prosecute for 
 all forfeitures and penalties under this act, and when recovered, to apply 
 the same to the purposes of education in said village. All officers mention 
 ed in this act, shall be deemed public officers, within the intent and mean 
 ing of section thirty eight, of title six, of chapter one, part four of the Revised 
 Statutes ; and as such, liable to the penalty therein prescribed, in addition to 
 the penalty in this section before provided. 
 
 28. The several libraries of the said seven districts are hereby consolida 
 ted into one. Said board of education shall cause a suitable and proper 
 room to be fitted up in said union school building, and furnished with nec 
 essary and suitable fixtures, furniture, apparatus and appendages, and 
 transfer said library thereto, and put it under the charge of a librarian. They 
 shall annually allow and pay to said librarian, such salary as in their opinion, 
 shall be a fair and reasonable compensation for his services, but not to exceed 
 the sum of fifty dollars in any one year. They shall pass such by-laws for 
 the regulation and preservation of said library, and for the discharge of th 
 duties of the librarian, as they may think necessary. The library money 
 hereafter to be received in behalf of said districts, shall be paid by the town 
 superintendent to the treasurer of said board. Said board shall expend such 
 money entirely for the purchase of books and maps for the library. 
 
 29. Lands of residents and non-residents of said districts may be sold 
 by said board, for uncollected taxes assessed thereon for school purposes, by 
 virtue of the provisions of this act, in the same manner, and by like proceed 
 ings as the trustees of said village adopt to sell lands for unpaid taxes asses 
 sed for village purposes, and such sales shall have the like effect as sales so 
 made by the trustees of said village ; or the lands of residents and non-resi 
 dents of said districts, said board may cause to be returned to the county- 
 treasurer, in the same manner as trustees of common school districts are now 
 
312 
 
 authorized by law to return unoccupied and unimproved real estate of non 
 residents of their districts, for unpaid taxes assessed thereon. Said county 
 treasurer shall pay to said board the amount of such taxes, out of any moneys 
 in the county treasury raised for contingent expenses, and such proceedings 
 in all respects, shall thereafter be had by said county treasurer, and the 
 board of supervisors of the county of Niagara in relation to all lands so 
 returned, as they are by law required to take in respect to unoccupied and 
 unimproved lands of non-residents, when so returned by trustees of common 
 school district?. But no lands shall be so sold or returned, until a reasonable 
 effort shall have been made to collect such taxes by warrant, as provided in 
 section seventeen of this act, and the collector shall have returned that he 
 cannot collect the same. 
 
 30. Said board of education may cause a school for colored children to 
 be taught in said village, and include the expenses thereof in the amount so 
 to be raised annually by tax, for contingent expenses and other purposes of 
 education provided for in this act. 
 
 31. Said board of education may organize in said union school, a de 
 partment for the instruction of teachers, for such parts of the year, and under 
 such rules and regulations, as they may by their by-laws adopt relative 
 thereto. 
 
 32. Said board of education, may at any time hereafter, whenever in 
 their opinion the wants and interests of said schools shall require it, establish 
 a class of so many schools intermediate said primary and union schools as 
 they may deem advisable, to be called secondary schools, and for this pur 
 pose consolidate such and so many of said primary districts, as they may 
 tleem advisable, prescribe the tuition fees and course of studies therein, and 
 so arrange and regulate the system of instruction in all of said schools, that 
 the transfer of pupils shall thereafter be from the primary, directly into the 
 secondary, and thence into the union school. And for this purpose, and for 
 the organization,- government and regulation of said secondary schools, said 
 board shall have all such powers as are hereinbefore conferred upon them, 
 in respect to said primary and union schools and their districts and property 
 
 [Chap. 77, Laws of 1850.] 
 
 1. The provisions of the act entitled " An Act in relation to Common 
 Schools in the village of Lockport," passed March 31, 1847, are not and shall 
 not be deemed or adjudged to be or to have been affected, altered or im 
 paired by the act entitled "An act establishing Free Schools throughout the 
 State," passed March 26, 1849. 
 
 2. "The board of education for the village of Lockport" is hereby 
 authorized to increase the rates of tuition fees in the Union School under its 
 charge, and to graduate the same according to the branches of instruction 
 pursued. 
 
 3. Said board of education is hereby authorized to appoint a superin 
 tendent of the schools under its charge, with such powers and duties and 
 compensation as said board shall prescribe. 
 
 4. From and after the first day of April next, so long as the common 
 schools of this state shall be free, the said board of education shall cause each 
 of the secondary schools under its charge to be taught by a competent malt; 
 teacher, or a male and female teachers, and the usual common school studies 
 shall be free ; but for the time prior to the said first day of April next, said 
 board may collect tuition fees for instruction therein, as well as in the Union 
 school, as they have heretofore done; and such studies shall be taught in 
 said Union school as said board may prescribe. 
 
 i 5. Said board shall not raise by tax upon the property in the Union 
 hchool district, any money for the salaries of teachers in the Union school 
 tlis trict, which shall accrue after the first day of April next. 
 
 6. The acts and doings of said board of education, in accordance with 
 the provisions of their act of incorporation, since the act entitled " An act 
 establishing free schools throughout the state." passed March 26, 1849, took 
 effect are hereby ratified and confirmed. 
 
313 
 
 7. The public money which shall be apportioned to the districts includ 
 ed in the said Union school district, shall be paid to said board, and be ap 
 plied by them to teachers wages in the several schools in their charge in 
 said district, in proportion to the average number of scholars pursuing com 
 mon school studies in each of said schools. The annual report of receipts 
 and expenditures required to be published by said board, shall specify all 
 sums received, and from whom, and all persons to whom payments were 
 made, and the general character of the demands paid. 
 
 Upon the application of said board of education to " the Regents of the 
 University of the State of New York," said regents may acknowledge and 
 declare said Union school to be an academy ; and it shall thereafter be an 
 academy, subject to, and to be governed by, the provisions of the act author 
 izing said Union school, and subject to such rules and regulations as said 
 regents mayprescribe. 
 
 MEDINA. 
 
 [Laws of 1849. Chap. 286, as amended by Chap. 381 Laws 0/1850.] 
 AN ACT in relation to common schools in the village of Medina 
 
 Passed April 9, 1849, "three-fifths being present." 
 
 The People of the State of New- York t represented in Senate and Assembly, 
 do enact as follows : 
 
 1. There shall hereafter be elected in school district number twelve, 
 formed partly out of the town of Ridgeway and partly out of the town of 
 Shelby, in the county of Orleans, and lying principally within the village 
 of Medina, in the manner now provided by law, three trustees, who shall, 
 respectively, hold their offices three years. Christopher Whaley, Silas M. 
 Burroughs, John Ryan, Daniel Starr, Isaac W. Swan and Archibald Servoss, 
 are hereby appointed trustees of said district, and shall, respectively, hold 
 said office as follows, namely : the term of office of Christopher Whaley and 
 Silas M. Burroughs shall expire at the same time that the term of office of 
 Roswell Starr, as trustee of said district, shall expire. The term of office of 
 John Ryan and Daniel Starr shall expire at the same time that the term of 
 office of Isaac K. Burroughs, as trustee of said district, shall expire ; and the 
 term of office of Isaac W. Swan and Archibald Servoss shall expire at the 
 same time that the term of office of Nathan Bancroft, as trustee of said dis 
 trict shall expire. 
 
 2. The trustees of said district and their successors in office shall con 
 stitute a board of education for said district and for the purposes of this act 
 in addition to the present powers and duties of trustees, are hereby constitut 
 ed a body politic and corporate, by the name and style of "The board of edu 
 cation of the village of Medina," and said corporation shall have power to 
 establish and organize a classical school in said village to be known by the 
 name of "The Medina Academy," and such classical school shall be subject to 
 all laws and regulations applicable to other incorporated academies of this 
 state and shall be entitled to share in the distribution of the monies of the 
 literature fund upon the same terms as other academies of this state ; and the 
 regents of the university shall recognize said academy as such as scon as the 
 required sum of money shall be expended in buildings, and competent 
 teachers employed therein. 
 
 3. Said board of education shall appoint one of their number president 
 of said board, who shall preside at the meetings of said board when present; 
 when absent a president pro tempore shall be appointed in his stead. They 
 shall also appoint one of their number secretary, who shall record all the acts 
 doings and resolutions oj" said board ; and in the absence of the secretary a 
 secretary pro tempore shall be appointed to discharge such duties. They 
 shall also appoint a collector, librarian, and treasurer of said district who shall 
 
314 
 
 respectively, hold their offices one year from their appointment, and until 
 others are appointed in their places, unless sooner removed by said board ; 
 uch collector, librarian and treasurer shall each, within ten days after notice 
 of their appointment, in writing, and. before entering upon the duties of their 
 office, execute and deliver to said board of education a bond, in such penalty 
 and with such sureties as said board may require, conditioned for the faithful 
 discharge of the duties of his office. In case such bond shall not be given with 
 in ten days after receiving such notice, such office shall thereby become va 
 cated, and said board of education shall thereupon make an appointment to 
 upply such vacancy. 
 
 4. The said board of education shall have power to fill any vacancy 
 which may happen, by reason of the death or removal from the said district of 
 any member of said board, and the officer so appointed shall hold his office 
 for the unexpired time of the person to supply whose place he shall be so ap 
 pointed. 
 
 5. Said board of education shall possess all the powers, and be subject 
 to all the duties in respect to said district, that the trustees of common 
 schools now possess or are subject to, and such other powers and duties as 
 are given or imposed by this act. 
 
 6. The taxable inhabitants, of said district, at my annual, special or ad 
 journed meeting legally held, may vote to raise such sum of money as they 
 shall deem expedient for the purpose of purchasing a site and building a 
 school house in said district, or for the purpose of purchasing any suitable 
 building for such purpose, and direct the trustees to cause the same to be 
 levied and raised by instalments, and make out a tax for the collection of 
 the same as often as such instalments shall become due ; and the legal voters 
 at any such meeting are authorised to fix the compensation for collecting 
 and paying over to the said board of education the amount so levied. 
 
 7. The inhabitants of said district shall have no power to rescind th 
 vote to raise such sum of money, at any subsequent meeting, unless the same 
 be done within ten days thereafter ; nor shall they have power to reduce th 
 amount of the same after the expiration of ten days from the time the tax 
 was first levied, but may remit such sum as shall remain unappropriated after 
 paying for the site and erection of the house or purchase of suitable build 
 ing. 
 
 8. The said board of education are hereby authorised to obtain by loan 
 the whole or any part of the money legally voted by said district, and secure 
 the payment of the same by their official bond. 
 
 9. The Comptroller of this state is hereby authorised and directed fco 
 loan to the said board of education, such sum as the said board of education 
 shall certify to said comptroller to have been voted by the inhabitants of 
 said district, in pursuance of this act, not exceeding the sum of five thousand 
 dollars, out of the moneys in the treasury belonging to the capital of the com 
 mon School fund, and for the purpose of purchasing a site, and erecting or 
 purchasing a suitable building for a school house in said district ; aud tha 
 money when loaned shall be charged upon^the books of the comptroller to 
 said district and the same shall be paid over to said board of education, to 
 be applied by them for the purpose of purchasing a site and erecting or 
 purchasing a school house for said district. 
 
 10. The sum so loaned shall be paid to the comptroller of this State, in 
 annual instalments thereafter as determined by the vote of said district 
 raising such sum of money, with annual interest thereon. 
 
 11. The said board of education are hereby authorised, aud empow ered 
 to sell at public auction to the highest bidder, the school house and site 
 thereof belonging to said district, by giving public notice to be posted in tea 
 public places in said district, ten days previous to-such sale, and apply the 
 proceeds arising from such sale, towards purchasing a site and erecting a 
 school house in said district, or to such other purpose, as said district shall 
 direct; such sale may be made upon such terms of credit, as said board of 
 ducation shall determine upon, and a bond and mortgage taken by said 
 
315 
 
 board for th whole or any part of the purchase money, or price for which 
 said site and house may be sold and such bond and mortgage may be sold and 
 assigned by said board at par, for money to be applied by them as herein 
 provided. 
 
 12. The said board of education, are hereby authorised and empowered 
 to make such by-laws and regulations, as they may deem necessary to secure 
 the prosperity, order and government of said school, and divide the same into 
 primary and higher departments, and regulate the transfer of scholars from, 
 one department to the other, and provide suitable instructors for each depart 
 ment, direct what text books shall be used in the same, purchase fuel and 
 other necessaries for the use of the school or schools in said district, and 
 all contracts made by them in their official capacity, shall be binding upon 
 them and their successors in office : to fix and regulate the terms of tuition 
 fees in said primary and other higher branches iu said school or schools, to 
 sue for and collect in their corporate name, any sum of money due to said 
 district : to receive and apply to the uses of said school or schools, or any 
 department thereof, any gift, legacy, bequest or annuities, given or bequeath 
 ed to said board and apply the same, according to the instruction of th 
 donor or testator to take and hold any real estate given or bequeathed to 
 said board for the purposes of said school or schools, or any department 
 thereof, and apply the same, or the interests or proceeds thereof, according 
 to the terms and instructions of the donor or testator : to have in all respect* 
 the superintendence, supervision, management and control of said school or 
 schools, or any department thereof, and to hire, pay and discharge any teach 
 er or teachers, employed by them in said school or department there 
 of. 
 
 13. Said board of education shall in all respects be subject to the re 
 strictions and control of the superintendents of common schools, of tha 
 town, .connty and state, in the same manner as the common schools in this 
 state are subject. 
 
 14. Said board of education shall have power and are hereby authoris 
 ed to receive into said academy, and cause to be instructed therein any 
 pupil or pupils residing in or out of said district, and to regulate and estab 
 lish the terms of tuition fees of such resident or non-resident pupils ; and 
 said board of education shall have power to regulate the tuition fees and 
 rates of charges for instruction in the higher English and classical depart 
 ments of said academy, and shall have power to make such application of the 
 money raised for the support of common schools in said district for th 
 payment of teacher s wages as said board shall determine, and may divide 
 and apportion the same in such manner as said board shall deem best to pay 
 the salaries of teachers employed in said academy, or the elementary Eng 
 lish schools connected therewith or maintained in said district under their 
 supervision. The rates of tuition in the elementary English branches in the 
 schools maintained in said district, shall be subject to the general laws relat 
 ing to common schools, and after applying such portion of the money receiv 
 ed in said district as said board shall determine towards the support of such 
 elementary English departments, snch sum, not to be less than one half of all 
 the moneys received in said district for the support of common schools 
 therein, the additional sum required to pay teacher s wages and provide fuel 
 and other contingent expenses necessary to the support of such elementary 
 schools, shall be estimated, assessed, collected and applied in the 
 manner provided in chapter one hundred and forty and four hundred and 
 four of the session laws of eighteen hundred and^forty-nine, or in sucli other 
 manner as shall be hereafter provided by b\v for the support of common 
 schools. 
 
 15. All moneys raised in said district for the purposes of said school, 
 and all moneys to be received by such district from the common school 
 fund or other source, shall be anually paid to the said board of education, and 
 be applied by them for the uses of said school or schools according to law. 
 
316 
 
 16. The members of said board of education, before receiving any 
 moneys belonging to said district, shall severally execute to the towu super 
 intendent of common schools of the town of Ridgeway, their separate bonds 
 with two sufficient sureties to be approved by said town superintendent, in a 
 penalty at least double the amount to be expended by them, for the benefit of 
 paid school during the next ensuing year, conditioned that such trustee giving 
 such bond, will faithfully account for the expenditure of all moneys, he shall 
 receive for said district, and pay over the balance remaining in his hands at 
 the time of the expiration of his office to the other trustees, and the district at 
 any legal meeting thereof, may require the penalty of such bond to be increas 
 ed, or additional security to be given by either or all the trustees, if they 
 shall deem the same insufficient, and any trustee, treasurer of said district, or 
 member of said board, who shall apply any moneys belonging to said dis 
 trict to his own use shall be deemed guilty of embezzlement. 
 
 17. This act shall take effect immediately. 
 
 LODI AND OWEGO. 
 
 [Laws of 1846, Chap. 207.] 
 
 1. The trustees of school district number one, formed from the towns of 
 Persia and Perry sburgh, in the county of Cattaraugus, and the town of Col 
 lins, in the county of Erie, known as the " Lodi Union School District," are 
 hereby authorized, if the inhabitants of said district shall, at any regular 
 school district meetiug so direct, to make thereafter, and until the said in 
 habitants shall in like manner otherwise direct, separate and distinct rate- 
 bills, for the payment of the wages of the teachers in the primary and in 
 the higher departments of the school kept in the said district ; provided 
 that the manner in which such rate-bills shall be made, shall have been de 
 termined by such regular school district meeting aforesaid. 
 
 2. The provisions of the preceding section of this act shall also apply 
 to school district number one, in the village of Owego, in the county of 
 Tioga, so far as the same shall be applicable to said district. 
 
 NEWTOWN. 
 
 [Laws of 1850. Chapter 60.] 
 
 AN ACT t.o establish a free school in district number three in the town of 
 
 Newlown. 
 
 Passed^March 16, 1850, "three-fifths being present." 
 
 The People of the State of Neiv York, represented in Senate and Assem 
 bly, do enact as follows : 
 
 % 1 . School district number three in the- town of Newtown, in the county 
 of Queens, shall form a permanent school district, and shall not be subject to 
 alteration by the town superintendent of common schools for the town in 
 which said district is situated. 
 
 ? 2. The said district shall be under the direction of a board, to be styled 
 " The Board of Education," which board shall consist of five members, three 
 or more of whom shall constitute a quorum for the transaction of business. 
 John B. Reboul, Daniel R. R*emsen, Roe H. Smith, Nathaniel Filbey and Al 
 bert 0. Wittemore shall compose the first board of education, and shall 
 hold their office from one to five years, that is to say, one shall go out of of 
 fice in each year, and in the order in which their names stand recorded in 
 this section. 
 
 3. At the annual meeting of said district in each year, there shall be 
 elected, for five years, one member of said board of education, who shall be 
 
317 
 
 a resident and taxable inhabitant of said district. Said election, and all oth 
 er elections provided for by this act, shall "be held by three inspectors, who 
 shall be appointed by the board of education at least thirty days preceding 
 such election, and shall be by ballot, and conducted in the same manner as 
 the annual election of village officers. 
 
 4. The said board of education may make all necessary by-laws for 
 their government ; they shall have the entire control and management of all 
 the common schools within the said district, and all the property belonging 
 to the same ; and they shall have and possess within the said district all the 
 rights, powers and authority of town superintendent of common schools, and 
 they shall provide for keeping a school in said district at least six months in 
 each year, and as much longer as may be practicable. They may appoint a 
 collector, with all the powers and duties of a district collector, or may em 
 ploy the town or village collector for that purpose ; and such collector shall 
 collect and pay over the school moneys assessed upon said district, to the 
 treasurer of the board of education, in the same manner and under the same 
 eonditions as is imposed by the laws of the town or village of which he is 
 such collector. They shall require two of the members of said board to vis 
 it each school in said district at least once in each week, to render such as 
 sistance to the teachers and advice to the pupils as may be necessary, and to 
 see that the regulations are rigidly adhered to. 
 
 5. The said board of education are hereby authorized and empowered 
 to raise a sum not exceeding one thousand dollars, by tax on said district, to 
 be levied and collected in the same manner as taxes are authorized by law to 
 be levied and collected in the towns of this state. 
 
 6 The said board of education are hereby authorized and directed to 
 levy and collect by tax, in each year, upon all the taxable property and in 
 habitants, such sum as may be necessary, not exceeding in amount one-fifth 
 of one per cent, on the value of such taxable property, as the same shall be 
 assessed by the assessors of the town of ISTewtown ; and the said board shall 
 add to their warrant for collection of such taxes, such amount as they may 
 deem proper for fees for collection, not exceeding five per cent on the 
 amount. 
 
 7. The town, superintendent of common schools of the town of New- 
 town shall pay over to the treasurer of the board of education all the public 
 moneys to which said district number three shall be entitled, for school pur 
 poses. 
 
 8. The said board of education shall call an annual district meeting at 
 such time in the year as they may think proper, and submit thereto a full 
 report in writing of their doings as such board ; and shall state therein the 
 number and condition of the schools in said district, under their charge, and 
 the number of scholars attending the same ; the studies pursued ; the amount 
 of moneys received from the state, as well as the amount raised in the dis 
 trict for school purposes, and the expenditure of the same, and generally all 
 the particulars relating to the schools in said district ; which report may, if 
 the said board think proper, be published in pamphlet form, or in nome news 
 paper published in the county. 
 
 9. The board of education shall have entire control and charge of the 
 district library ; they may employ a librarian, make such additions to the 
 library and such regulations in relation thereto, as they may deem necessary 
 or proper. 
 
 10. A school for colored children may be organized as a district 
 school, and be supported as the other schools in said district are under this 
 act. 
 
 11. Whenever the said board of education shall deem it necessary to 
 erect one or more school -houses in said district, they shall submit the plans 
 and estimated cost of such building to the electors of such district, at a spe 
 cial meeting called for that purpose, and if a majority of such electors pres 
 ent shall vote in favor of the same, the said board may proceed to erect said 
 
318 
 
 l-house or houses ; and if the sums authorized to be raided by secti 
 five and eix of this act shall be insufficient to pay the cost of such building, 
 then the said board may raise an additional sum not exceeding five hundred 
 dollars, to be levied and collected as provided for in sections five and six of 
 this act, to be expended in defraying such cost. 
 
 12. The said board of education may call special meetings of said dis 
 trict whenever they may deem it necessary ; and whenever a special meeting 
 hall be called, notices of it shall be posted up in five public places in said 
 district, at least one week previous to said meeting ; and no business shall 
 be transacted at such meetings except that stated in the notice calling th* 
 ame. 
 
 IS. All law* and parts of laws inconsistent with this act are hereby 
 repealed, so far as they relate to district number three in the town of Ifew- 
 tovna, county of Queens. 
 
 14. This act ^hall take effect immediately. 
 
 [Laws of 1851, Chap. 398.] 
 
 AK ACT to amend an act entitled, " An act to establish a free school in 
 district number three, in the twm, of Newtown? passed March 16, 1864 
 
 Passed July 8, 1851, three-fifths being present." 
 
 The People of the Stoic of -Ye;/ - YorK\ represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The fifth section of the act entitled " An act to establish a free school 
 in district number three, in the town of Newt-own." passed March 16, 1850, is 
 hereby amended so as to read as follows : 
 
 5. The said board of education are hereby authorized and empowered 
 to raise a sum not exceeding one thousand dollars, by tax on said district, to 
 be levied and collected in the same manner as taxes are authorized by latr 
 to be levied and collected in the towns of this state ; and said board of ed 
 ucation are also hereby authorized and empowered to raise the sum of three 
 thousand and live hundred dollars by a loan, which stmis are to bo expended 
 in the erection of a school-house in said district and furniture for the same ; 
 such loan to be secured by a bond and a mortgage upon the public school 
 property of said district, which bond and mortgage shall be executed by said 
 board of education in their official capacity, under their hands and a com 
 mon seal to be provided by them. Said loan shall be paid off in annual in 
 stalment* of five hundred dollars each, and the first of said instalments shall 
 be paid in three years after the date of said bond and mortgage. Said board 
 is also authorized and empowered to raise such additional sum, from time to 
 time, by tax on said district; to be levied and collected in the same manner 
 as taxes are authorized by Law to be levied and collected in towns of this 
 ntate. as may be necessary to pay the accruing interest on saii loan and th 
 Raid instalments thereof, and also such amount as they may deem proper for 
 fees for collection, not exceeding five per cent on the amount 
 
 2. The said board of education are hereby authorized to sell and coe- 
 vey the lot of lunti in Astoria in said district, which has heretofore been oc 
 cupied as the school lot, and which i-i situated adjoining St. George Protest 
 ant Episcopal Church, and execuie a conveyance therefor under their said 
 corporate seal, and invest the proceeds of the gale in the purchase of another 
 lot, or in the completion of said new school-house, as by the said board may 
 be deemed most advisable for the interests of the said district. 
 
 8. The words " sections five and six, , wherever they occur in sectioa 
 eleven of the act hereby amended, shall be construed to mean clion firdt of 
 this act and section ix of the act hereby amended 
 
 4. This act shall take effect immediately. 
 
319 
 CITY AND COUNTY OF NEW YORK. 
 
 [Lasts of 1851. Chap, 
 
 AN ACT to amend, consolidate and reduce to one act, the various acix 
 relative to the Common School* of the city of New York. 
 
 Passed July 8, 1851, "three-fifths being present."- 
 
 Th* People of the State of New York, represented in Senate and Assembly, 
 do enact as follows : 
 
 OF SCHOOL OFFICERS AND THEIR ELECTION. 
 
 1 . There shall be two commissioners, two inspectors and five trustees of 
 eornmon schools in each of the wards of the city of New- York, who shall be 
 known as the " school officers" of the ward. At each general election there 
 shall be elected in each ward of said city, one commissioner and one inspect 
 or, whose terms of office shall be two years, and one trustee, whose term of 
 office shall be five years, to commence in each case on the first day of Janu 
 ary next succeeding such election. But the terms of office of the school offi 
 cers elect, and those now holding office, except those whose terms of office 
 will expire on the first Monday of June next, are hereby extended to the first 
 day of January next after the day on which they would otherwise have ex 
 pired, respectively, and there shall be no election of schoo officers in 1852. 
 The elections so held shall be subject to the same laws and regulations, in all 
 respects, as those which govern the general elections in said city. The bal 
 lots for said school officers shall be endorsed " common schools," and deposit 
 ed in a separate box to be provided therefor ; and the said school officers, 
 before entering upon the duties of their offices, shall severally take and .sub- 
 *ribe the oath proscribed by the constitution of the state. 
 
 OF THE BOARD OF EDUCATION ITS POWERS AND DUTIES. 
 
 2. The commissioners of common schools, elected as aforesaid, shall 
 constitute a board of education for the city and county of New- York ; they 
 fchall meet^n the second Wednesday of January in each year, for the pur 
 pose of organization ; and thereafter for the transaction of business as often 
 as they may determine. They shall elect one of their number president and 
 shall appoipt a clerk and assistant or assistants, whose compensation shall be 
 fired and paid by the board. 
 
 The board of education shall have power : 
 
 1st. To take and hold property, both real and personal, devised or 
 transferred to it, for the purposes of public education in the citv of New 
 York: 
 
 2d. To appoint a superintendent of common schools for said city, as here 
 inafter provided : 
 
 JkL On the nomination o f theechool officers of any \var.l to fill vacancies 
 ia school oiiicea, which may occur ia .such ward between the general elec 
 tions : 
 
 4th. To establish new schools, as hereinafter provided : 
 
 5t}j. To draw irozn the moneys which shall be raised for the purpose* of 
 public education, such sums as may be required for the purpose of defraying 
 the necessary incidental expenses of the board, and such further sums a 
 may ba required for the payment of the salaries of their clerk and assistant 
 or assistants, and of the city superintendent of common .schools : 
 
 6th. To visit and examine the echoola, subject to the provisions of thi 
 act : 
 
 7th. To make ru ea of order and by-laws for the government of the board, 
 its members and committees, and general regulations to secure proper econo 
 my ajad a,ccowjttabJlity ia the expenditure of tixe school money a : 
 
320 
 
 8th. And, for the purposes of this act, the said board shall possess the 
 powers and privileges of a corporation. 
 
 3. It shall be the duty of the board of education, 
 
 1st. On or before the fifteenth day of November in each year, to report 
 to the board of supervisors of the said city and county, an estimate of the 
 amount over and above the sums specified in the fifteenth section of this act, 
 which will be required during the year, for the purpose of meeting the cur 
 rent annual expenses of common school instruction ; for erecting, purchasing, 
 leasing and procuring sites for school-houses, and the fitting up and furnish 
 ing thereof, and the alterations in, the additions to, and repairs of, the school 
 buildings of the ward schools ; for the support of schools which shall have 
 been organized since the last annual apportionment of the school moneys 
 made by the board ; for the support of evening schools, not exceeding the 
 sum of fifteen thousand dollars in each year ; for the support of the free 
 academy, an annual sum not exceeding twenty thousand dollars ; and such 
 further sum or sums as may be necessary for any of the purposes authorized 
 by this act ; but the aggregate amount so reported shall not exceed the sum 
 of four dollars for each pupil who shall have actually attended and been 
 taught in the preceding year in the schools entitled to participate in the ap 
 portionment : 
 
 2d. To apportion all the school moneys which shall have been raised for 
 the purposes of meeting the current annual expenses of public instruction, 
 to each of the schools provided for by this act : 
 
 3d. To file with the chamberlain of said city, on or before the first Mon 
 day of April in each year, a copy of their apportionment, stating the amount 
 apportioned to the ward schools, and to the trustees, managers and directors 
 of the several schools enumerated in this act : 
 
 4th. To continue to furnish through the free academy, the benefit of edu 
 cation, gratuitously, to persons who have been pupils in the common schools 
 of the said city and county for a period of time to be regulated by the board 
 of education, not less than one year : 
 
 5th. To supervise, manage and govern said free academy, and, from time 
 to time, make all needful rules and regulations therefor ; fix the number and 
 compensation of teachers and others to be employed therein ; prescribe the 
 preliminary examination, and the terms and conditions on which pupils shall 
 be received and instructed therein and discharged therefrom ; direct the 
 course of studies therein, and provide in all things for the good government 
 and management of the said free academy ; and purchase the books, appar 
 atus, stationery and other things necessary and expedient to enable the said 
 free academy to be properly and successfully conducted, and to keep the 
 said building or buildings properly repaired and furnished : 
 
 6th. To appoint annually a standing committee of not less than five per 
 sons of their number, who shall, subject to the control, supervision and ap 
 probation of the said board, constitute an executive committee for the care 
 government and management of the said free academy, under the rules and 
 regulations prescribed as aforesaid, whose duty it shall be, to make detailed 
 reports to the said board of education, and, among other things, to recom 
 mend the rules and regulations which they deem necessary and proper for 
 the said academy. The board of education may, at any regular meeting 
 thereof, by a majority of all the members of said board, remove any or all 
 the members ox the said committee, and appoint another person or per 
 sons in the place of the member or members of the said committee so re 
 moved. 
 
 7th. To make and transmit annually on or before the first day of Febru 
 ary in each year, to the common council of paid city, and also to the 
 secretary to the board of regents of the university of the state of New- York 
 a report signed by the president and clerk of the said board of education, 
 and dated on the first day of January, in the year of its transmission ; 
 which report shall state the names and ages of all the pupils instructed in 
 such free academy during the preceding year, and the time that each was 
 
)UL9L)1115S 1UI Liiv; ccvciai DVUWIO uu.vjiv.Ji LU.X/H \><*iv*j UUH TTAVU OUVIA auu* 
 
 are furnished by the board of education they shall be obtained by 
 ract, proposals for which shall be advertised for the period of at least 
 
 321 
 
 30 instructed; a particular statement of the studies pursued by each pupil 
 at the commencement of his instruction, and of his subsequent studies un 
 til the date of such report, together with the books such student shall have 
 studied in whole or in part, and if in part what portion ; an account or es 
 timate of the cost of the library, philosophical and chemical apparatus, and 
 mathematical or other scientific instruments belonging to such academy ; 
 the names of the instructors employed in said academy, and the compensa 
 tion paid to each ; what amount of moneys the board of education received, 
 during the year for the purposes of such academy, and from what sources, 
 specifying how much from each, and the particular manner, and the specific 
 purpose for which such moneys have been expended ; and such other infor 
 mation in relation to education in said academy, and the measures of the 
 board in the management thereof, as the said common council or the re 
 gents of the university of the state of New-York may from time to time re 
 quire ; 
 
 8th. To provide evening schools for those whose ages or avocations are 
 such as to prevent their attending the day schools established by law, in 
 such of the ward school houses or other buildings used for school purposes, 
 and in such other places in said city as they may, from time to time deem 
 expedient : , 
 
 9th. To furnish all necessary supplies or make regulation, for furnishing 
 -such supplies for the several schools under their care, but when such sup 
 plies ar< 
 contract, 
 two weeks: 
 
 10th. To make and* transmit between the fifteenth day of January and 
 the first day of February in each year, to the clerk of the city and county 
 of New- York, a report in writing, bearing date the first day of January ii? 
 the year of its transmission, stating the whole number of schools within 
 their jurisdiction, specially designating the schools for colored children; 
 the schools or societies from whichreports shall have been made to the board 
 of education within the timelimited for that purpose, the length of time such 
 schools shall have been kept open ; the amount of public money apportioned or 
 appropriated to said schoolorsociety ; the number taught in each school, the 
 whole amount of money drawn from the city chamberlain for the purposes of 
 public education during the year ending at the date of their report, distinguish- 
 ingthe amount received from tlve general fund of the state from all other and 
 what sources ;the manner in which such moneys shall have been expended, 
 and such otherin formation as the superintendent of common schools may 
 from time to time require, in relation to common school education in the 
 city and county of New- York. 
 
 4. If the board of education shall neglect to make such annual report 
 within the time limited, the share of school moneys apportioned to the city 
 and county of New-York may, in the discretion of the superintendent of 
 common schools, be withheld until a suitable report shall hav been ren 
 dered. 
 
 5. The clerk of the board of education shall have charge of the rooms, 
 books, papers and documents of the board, and shall in addition to his duties 
 as secretary of the board, perform such other clerical duties as may be re 
 quired by its members or committees : 
 
 6. All schools which have been organized under the act entitled "An 
 act to extend to the city and county of New-York the provisions of the 
 general act in relation to common schools, passed April 11, 1842," and the 
 acts amending the same, or organized or adopted under this act, shall be call 
 ed common schools ["ward schools,"] or ward primaries, and each class 
 shall be numbered consecutively, according to the time of their organization 
 or adoption, and all such schools shall be under the supervision .and govern 
 ment of the commissioners, inspectors and trustees of the ward in which 
 -hey are located. 
 
 21 
 
322 
 
 POWERS AND DUTIES OF SCHOOL OFFICERS. 
 
 7. It shall be the duty of the school officers, or a majority of them, in 
 any ward: 
 
 1st. To certify to the board of education of the city and county of New 
 York, whenever in their opinion it is necessary, to organize one or more addi 
 tional schools in said ward, with the facts and circumstances showing such 
 necessity, together with the character of the school buildings required, and 
 the number and class of scholars who will probably attend such schools if 
 organized, and to organize such schools as hereinafter provided : 
 
 2nd. To provide, under such rules and regulations as the board of educa 
 tion may establish, the necessary books, stationary, and other essentials ne 
 cessary to organize and conduct any school in their ward ; 
 
 3rd. To examine, ascertain and report to the board of education, and as 
 frequently as may be, whether the provisions ofthis act in relation to the 
 teaching of sectarian doctrines, or the use of sectarian books, shall have 
 been violated ; and 
 
 4th. To notify the board of education of any vacancy in the office of any 
 school officer of their respective wards. 
 
 POWERS AND DUTIES OF COMMISSIONERS. 
 
 8. It shall be the duty of the commissioners of common schools in the 
 several wards : 
 
 1st. To attend all the meetings of the board of education ; and if any 
 commissioner shall refuse or neglect to attend any three successive stated 
 meetings of the board, after having been personally notified to attend, and if 
 no satisfactory cause of his non-attendance be shown, the board may declare 
 his office vacant ; 
 
 2nd. To transmit to the board of education all reports made to them by 
 the trustees and inspectors of their respective wards ; 
 
 3rd. To visit and examine all the schools entitled to participate in the 
 apportionment ; 
 
 4th. They shall be ex officio members of the board of trustees in their 
 respective wards. 
 
 POWERS AND DUTIES OF INSPECTORS. 
 
 9. It shall be the duty of the inspectors of common schools : 
 1st. To inspect and examine each of the schools in their respective wards, 
 st least twice in each year, and oftener if necessary ; and on or before the 
 fifteenth day of October, in each year, to make and transmit to the board of 
 education and to the trustees of the ward, a report in writing, in which 
 they shall set forth the condition of the several school buildings in use in 
 their ward, and whether any, and if any, what repairs, alterations or modi 
 fications of those buildings seem to them necessary ; 
 
 2. Whether they are kept clean and in good order ; 
 
 3. In what manner they are heated and ventilated, and how effectual 
 the means used are in producing the result desired ; 
 
 4. The studies pursued ; 
 
 5. The progress of the classes in their different studies -, 
 
 6. The punctuality of attendance of the scholars and teachers ; 
 *7. The order, attention and general appearance of the school ; 
 
 8. The length of each morning and evening session, and the number and 
 length of recesses allowed; 
 
 9. The number and qualifications of the teachers, and such other facts as 
 in their opinion are important to insure the discipline or extend the useful 
 ness of the schools ; 
 
 10. la conjunction with the city superintendent of common schools, to 
 license teachers for their respective wards ; and 
 
323 
 
 11. To examine and audit all accounts when duly certified by the trus 
 tees to be correct. 
 
 POWERS AND DUTIES OF TRUSTEES. 
 
 10. It shall be the duty of the trustees of each ward and they shall 
 have power : 
 
 1. To have the safe keeping of all the property belonging to the ward 
 schools and the ward primaries in their respective wards ; 
 
 2. Under such general rules and regulations as the board of education 
 may adopt, to contract with and employ teachers in said schools, and make 
 other contracts for conducting and managing their schools ; 
 
 3. To procure, as may be necessary, blank books, in one of which a state 
 ment of the amounts of all moneys received and paid by the trustees, and 
 of all moveable property belonging to each school shall de ertered at large 
 and signed by such trustees ; and in other books, the teacher shall enter 
 the names and residence of the scholars attending school, and the number of 
 days they shall have respectively attended ; and also the days on which 
 each school shall have been visited by the city superintendent and the school 
 officers of the ward, or any of thorn, which entries shall be verified by the 
 oath or affirmation of the principal teacher in such school. The said books 
 shall be preserved by the trustees as the property of the schools, and shall 
 be delivered to their successors; 
 
 4. To make, on or before the fifteenth day of January, in every year, 
 and transmit to the board of education, a report in writing, dated on the 
 first day of January, which shall be signed and certified by a majority of the 
 trustees, which report shall state : the whole number of schools within their 
 jurisdiction, especially designating the schools for colored children ; the 
 length of time each school shall have been kept open ; the whole number of 
 scholars over four and under twenty-one years of age, who shall have been 
 taught, free of expense to such scholars, in their schools during the year 
 preceding the first day of January, which number shall be ascertained by 
 adding to the number of children on register at the commencement of each 
 year, the number admitted during that year, which shall be considered the 
 total for that year ; the average number that has actually attended such 
 schools during the year to be ascertained by the teachers keeping an exact 
 account of the number of scholars present every school time or half day, 
 which being added together and divided by four hundred and sixty, or if 
 less than a year, by the number of school sessions, shall be considered the 
 average of attending scholars, which average shall be sworn or affirmed to 
 by the teachers ; a detailed statement of the amount of moneys received 
 for their respective schools during the last year from the chamberlain of the 
 city, and of the purposes for, and the manner in which the same shall have 
 been expended ; and a particular account of the state of the schools and of 
 the propertv and affairs of each school under their care ; and the titles of 
 all books used, with such other information as the board of education shall 
 require. A report in all respects similar shall be required from the trustees, 
 managers or directors of the corporate schools ; 
 
 5. To hold as a corporation, all personal property vested in or transfer 
 red to them for school purposes in their respective wards ; and 
 
 6. To render at the expiration of their respective terms of office, to their 
 successors, a just and true account in writing, of all moneys received by 
 them for school purposes, and of the manner in which the same shall have 
 been expended, and to pay any balance which may remain in their hands, to 
 their successors. 
 
 OF THE CITY SUPERINTENDENT. 
 
 11. The board of education shall appoint a city superintendent of 
 common schools for the city and county of New- York, who shall hold his of 
 fice for two years, subject to removal by the board, on complaint for cause 
 
324 
 
 stated. He shall perform such duty, and be subject to such rules, and 
 receive such salary, as may be prescribed by the board of education ; but 
 the salary shall not be increased or diminished during his term of of 
 fice. 
 
 It shall be his duty specially : 
 
 1. To visit and examine all schools entitled to participate in the appor 
 tionment of the school moneys, as often in each year as the board of educa 
 tion may direct, and at least once in each year to notify the inspectors of com 
 mon schools of the "ward of the time appointed to visit the schools in such 
 ward, and to invite such inspectors to visit with him the said schools, and, 
 with such inspectors, if they, or any of them, shall attend at such visits, or, 
 without their presence, at any time to enquire 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 schools gen 
 erally, and to advise and to counsel with the trustees in relation to their duties 
 the proper studies, discipline, and conduct of the schools, the course of in 
 struction to be pursued, and the books of elementary instruction to be used 
 therein ; and to examine, ascertain, and report to the board of education 
 whether the provisions of the act in relation to religious sectarian teaching 
 and books have been violated in any of the schools of the different wards of 
 the city : 
 
 2. To examine, in conjunction with the inspectors of any ward, persons 
 offering themselves as candidates for teachers of common schools, and to 
 grant them certificates of qualification, in such form as shall be prescribed 
 by the board of education ; which certificates, when countersigned by one or 
 more inspectors, shall be evidence of the qualifications of such teachers in 
 every ward of the city and county : and 
 
 3. Generally, by all the means in his power, to promote sound education, 
 elevate the character and qualifications of teachers, improve the means of 
 instruction, and advance the interests of the schools committed to his 
 charge. 
 
 12. The city superintendent shall be subject to such general rules and 
 regulations as the superintendent of common schools may prescribe; and appeals 
 from his acts and decisions may be made to the superintendent in the same 
 manner and with like effect, as in cases now provided by law, and he shall 
 make annually to the superintendent of common schools, a*t such times as 
 shall be appointed by him, a report in writing, containing the whole number 
 of schools in the city arid county, distinguishing the schools from which the 
 necessary reports have been made to the board of education, by the com 
 missioners, inspectors and trustees of common schools, and containing a cer 
 tified copy of the reports of the board of education, to the clerk of the city 
 and county, with such additional information as the superintendent of com 
 mon schools may require. 
 
 13. The office of county superintendent of common schools for the city 
 and county of New- York is hereby abolished. 
 
 OF THE SUPPORT OF THE SCHOOLS. 
 
 14. Whenever the clerk of the city and county shall receive notice from 
 the superintendent of common schools of the amount of moneys apportioned 
 to the county of New- York, for the support and encouragement of common 
 schools therein, he shall immediately lay the same before the board of su 
 pervisors of the said county ; and the chamberlain of the said city shall ap 
 ply for, and receive the school moneys apportioned to the said county as 
 eoon as the same become payable, and place the same to the credit of the 
 mayor, aldermen and commonalty of the city of New-York, for the benefit 
 of public education therein. 
 
 15. The said board of supervisors shall annually raise and collect by 
 tax upon the inhabitants of the said city and county, a sum of money equal 
 to the susa specified in such notice, at the time and in the same manner as 
 
325 
 
 the contingent charges of the said city and county are levied and collected ; 
 also a sum of money equal to one-twentieth of one per cent of the value of 
 the real and personal property in the said city, liable to be assessed thereon, 
 and pay the same into the city treasury, to be applied to the purposes of 
 common schools in the said city ; and the board of education shall apportion 
 the money so raised to each of the schools hereafter provided for by this act, 
 except the free academy, and the evening schools, according to the number of 
 children over four and under twenty-one years of age, who were actual resi 
 dents of the city and county of New-York at the time of their attendance on 
 such schools, without charge, the preceding year ; and the average shall be 
 ascertained by adding together, the number of such children present at each 
 morning and afternoon session, of not less than three hours, and dividing the 
 sum by four hundred and sixty ; and if any school shall have been organized 
 since the last annual apportionment, the average shall be ascertained by di 
 viding by a number corresponding to the actual number of morning and even 
 ing sessions, of not less than three hours each, held since the organization of 
 such school ; and the sum apportioned to any schools, other than the ward 
 schools, shall be paid to the trustees, managers or directors of such schools, 
 respectively, by drafts on the city chamberlain, to be signed by the president 
 and clerk of said board, and made payable to the order of the treasurers of 
 said trustees, managers, or directors. 
 
 16. Said board of supervisors shall also raise and collect at the same 
 time, and in the same manner, such additional sum or sums as the board of 
 education, in pursuance of the provisions of the fir*t subdivision of the third 
 section of this act, shall have reported to be necessary for the purposes therein 
 mentioned. Such moneys shall be paid into the city treasury, and shall, 
 together with the amount apportioned to the ward schools, be paid by the 
 chamberlain of the said city upon the drafts drawn on him by the board of 
 education, signed by the president, and countersigned by the clerk of the 
 board, and by the commissioners, or one of them, of the ward for which 
 the money is to be paid, except such sums as shall be drawn pursuant to the 
 fifth sub-division of the second section of this act, which shall be paid by 
 said chamberlain, upon drafts drawn on him by said board, signed by the 
 president and clerk, and countersigned by the chairman of the finance com 
 mittee of said board, and all drafts shall be made payable to the person or 
 persons entitled to receive the same. 
 
 17. If any of the said newly organised ward schools, by reason of pecu 
 liar circumstances, shall be equitably entitled to a larger sum than they will 
 receive under an apportionment made as aforesaid, then the board of educa 
 tion shall be authorised, and they are hereby required to make to such schools 
 such further allowance out of the school moneys, as they, the board of educa 
 tion, shall deem just and proper. 
 
 18. No school shall be entitled to, or receive any portion of the school 
 moneys in which the religious doctrines or tenets of any particular Christian, 
 or other religious sect, shall be taught, inculcated or practiced, or in which 
 any book or books, containing compositions favorable or prejudicial to the 
 particular doctrines or tenets of any particular Christian, or other religious 
 sect, or which shall teach the doctrines or tenets of any other religions sect, 
 or which shall refuse to permit the visits and examinations provided for in 
 this act. But nothing herein contained shall authorise the board of education 
 to exclude the Holy Scriptures, without note or comment, or any selections 
 therefrom, from any of the schools provided for by this act ; but it shall not 
 be competent for the s>aid board of education to decide what version, if any 
 of the Holy Scriptures, without note or comment, shall be used in any of the 
 schools: Provided that nothing herein contained shall be so construed , as 
 to violate the rights of conscience as secured by the constitution of this state, 
 and of the United States. 
 
 19. If the school moneys apportioned to the common schools, agreeably 
 to the previous section of this act, shall exceed the necessary and legal ex- 
 
326 
 
 penses of either of such schools, the board of education shall authorise the 
 payment only of such sum or sums, as shall be sufficient to provide for such 
 expenses, and any deficiency in the sums apportioned to meet the necessary 
 and legal expenses of public education in the said schools, shall be supplied 
 by the common council of the said city, and they are hereby authorised and 
 directed to raise by loan, in anticipation of the annual tax, such sum or sums, 
 as shall be necessary to meet such deficiency. And the board of education 
 shall, in all cases, certify to the common council the cause of such deficiency, 
 and that the same was unavoidable, and unless such certificate shall be 
 made, the said common council may refuse to raise the sum required to 
 meet such deficiency. 
 
 20. In making the apportionment among the several schools, no share 
 shall be allotted to any school 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. 
 
 21. Whenever an apportionment of the public money shall not be made 
 to any school, in consequence of any accidental omission to make any re 
 port required by law, or to comply with any other regulation or provision 
 of law, the board of education may, in its discretion, direct an apportion 
 ment to be made to such school, 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. 
 
 OF THE SCHOOLS ENTITLED TO PARTICIPATE IN THE APPORTIONMENT. 
 
 22. The schools of the Public School Society, the New-York Orphan 
 Asylum School, the Roman Catholic Orphan Asylum School, the schools of 
 the two Half Orphan Asylums, the school of the Mechanic s Society, the 
 school of the Society for the Reformation of Juvenile Delinquents in the city 
 of New- York, the Hamilton Free School, the school for the Leake and Watt s 
 Orphan House, the school connected with the Alms House of the said city . 
 the school of the Association for the benefit of Colored Orphans, the schools 
 of the American Female Guardian Society, the schools of the society for the 
 promotion of education among colored children, the schools Organized under 
 the act entitled, "An act to extend to the.city and county of New- York, the 
 provisions of the general act in relation to common schools, passed April 11, 
 1842," or an act to amend the same, passed April 18, 1843, or an act entitled 
 an act more effectually to provide for common school education in the city 
 and county of New York, passed May 7, 1844, or any of the acts amending 
 the same and including such normal schools for the education of teachers as 
 the board of education may organize, and the normal school of the public 
 school society for the education of teachers, and such schools as may be or 
 ganized under the provisions of this act, shall be subject to the general super 
 vision of the board of education, and shall be entitled to participate in the 
 apportionment of the school moneys as provided for in this act, but they 
 shall be under the immediate direction of their respective trustees, managers 
 and directors, as herein provided. 
 
 OF NEW SCHOOLS. 
 
 23. Whenever a majority of the school officers of any ward shall certify 
 ia writing to the board of education, that it is necessary to establish a school 
 in said ward, with the facts and circumstances showing such necessity, to 
 gether with the number and class of scholars who will probably attend such 
 school if established; it shall be the duty of the board of education, without 
 delay, to investigate the subject and determine the expediency of establishing 
 such school in such ward applying for the same. Should the ward officers 
 or any of them, deem themselves aggrieved by such decision, they may appeal 
 to the state superintendent of common schools, who shall decide as to the 
 
327 
 
 propriety of the establishment of such school, and hia decision, if adverse to 
 the appellants, shall be binding for the term of one year. 
 
 24. Upon a decision favorable to the establishment of a school or 
 schools in any of the wards of the said city, it shall be lawful for the school 
 officers of said ward to proceed to organize one or more schools, such as may 
 be authorized by the board of education, and procure a school-house, by 
 purchasing or hiring the same, or by procuring a site and erecting a building 
 thereon, according to plans and specifications, and contracts which shall 
 have been duly filed with and approved by th-e board of education, the 
 erection of which said building, and the fitting up thereof, and the fitting 
 up of any hired building, shall be done by contract, proposals for which 
 shall be advertised for two weeks previous to deciding upon estimates 
 thereon, unless such fitting up shall not exceed the sum of two hundred 
 dollars; and the expense of establishing and organizing any school, as 
 above mentioned, shall be levied and raised pursuant to the provisions of 
 this act. 
 
 25. The title to all school property, real and personal, purchased with 
 any moneys derived from the distribution or apportionment of the school 
 moneys, or raised by taxation in the city of New York, shall be vested in 
 the mayor, aldermen and commonalty of said city, but no contract or con- 
 tra^ts shall be made by the school officers of any ward for the purchase of 
 any site, or for the erection or fitting up, or repairing of any building, when 
 such repairs shall exceed in amount the sum of two hundred dollars, as au 
 thorised in this act, until a statement in writing of the amount required for 
 that purpose shall have been presented to the board of education by said 
 school officers, and, together with a copy of the working-drawings, plans, 
 and specifications of the work to be done, pursuant to the provisions of 
 this act, shall have been duly filed and approved of, as herein required, 
 and an appropriation shall have been made by the board of education there 
 for. 
 
 26. The trustees, managers and directors of any of the corporate 
 schools entitled to participate in the apportionment of the school monies, 
 may, at any time, convey their school houses and sites to the corporation o 
 the city of New York, and transfer any of their schools to the board of ed 
 ucation, on the terms and in the manner to be agreed upon and prescribed 
 by the board of eclueation, so as either to merge the said schools in the ward 
 schools, or adopt them as ward schools ; and the same shall then be ward 
 schools, subject to all the rules, duties and liabilities, and enjoy the same 
 rights, as if they had been originally established as ward schools. But noth 
 ing in this act shall take away from the Public School Society any rights 
 which they have heretofore enjoyed, and the board of education are au 
 thorized to provide, the Public School Society with all necessary moneys to 
 make all proper repairs, alterations and improvements in the various school 
 premises occupied by them. 
 
 OF THE DISCONTINUANCE OF SCHOOLS. 
 
 27. Whenever, owing to any nuisance or other circumstance, in the 
 immediate vicinity of any school, or to the small attendance of scholars 
 therein, or other sufficient reason, it shall appear to the board of education 
 necessary and proper to discontinue such school, in any of the wards of this 
 city, the said board shall give notice to the trustees of said school of its in 
 tention to consider the propriety of such discontinuance ; and in thirty days 
 after such notice, may proceed to investigate the matter, and if a majority of 
 the school officers of the ward shall consent to the same, and if the said board 
 shall determine by a vote of a majority of all the members thereof, that it 
 is proper to close the same, it shall be the duty of said board to withhold all 
 moneys which may have been apportioned or appropriated for the support 
 of said school, and the said school shall not thereafter participate in any sub 
 sequent apportionment of the school moneys. So soon as the same shall 
 
take effect, the comptroller of the city shall be notified thereof by the said 
 board, aud the said school-house and site may thereupon be used or disposed 
 of, as a part of the general property of the city. 
 
 MISCELLANEOUS PROVISIONS. 
 
 28. The common council of the city of New York are hereby author 
 ized and directed to raise by loan, in anticipation of the taxes, when necessa 
 ry, all moneys required for erecting purchasing or leasing sehool-houses, and 
 procuring sites therefor, and the fitting up aud furnishing thereof, and for al 
 terations in or additions to the present school-buildings, or required for any 
 other of the purposes authorized by ihis act. 
 
 29. All expenses incurred fur the support of common schools in the re 
 spective wards, shall be certified by the trustees of common schools in such 
 ward, or a majority of them, and delivered to the inspectors of said ward; 
 and it shall be the duty of said inspectors to examine and audit the same, 
 and upon said inspectors being satisfied of their correctness, to certify the 
 same to the board of education. All bills audited and paid shall be filed with 
 the board of education. 
 
 30. No compensation shall be allowed to the commissioners, inspectors 
 or trustees of common schools for any services performed by them, but^the 
 commissioners and inspectors shall receive their actual and reasonable expen 
 ses while attending to the duties of their office, to be audited and allowed by 
 the board of education. 
 
 31. Every school officer who shall refuse or neglect to render an ac 
 count, or to pay over any balance in his hands, at the expiration of his term 
 of office, shairfor each offence forfeit the sum of fifty dollars, whioh sum, to 
 gether witli said unpaid balance, shall be sued for and collected by the board 
 of supervisors, who shall prosecute without delay for the recovery of such 
 forfeiture, together with the unpaid balance ; and in case of the death of such 
 school officer, suit may be brought against his representatives, and all monies 
 recovered, after deducting expenses, shall be placed at the disposal of the 
 board of education. 
 
 32. Every school officer or teacher of a school or society, who shall wil 
 fully sign .a false report to the board of education, shall for each offence for 
 feit the sum of twenty-five dollars, awd shall also be deemed guilty of a 
 misdemeanor. 
 
 33. The following shall be, substantially,^ the form of oath or affirraa 
 tion to be made by the teacher : 
 
 " A. B., of the city of New-York, teacher of 
 
 Wo. department, being duly sworn or affirmed, declares and 
 
 says, that to the best of (his or her) knowledge and belief, the average num 
 ber of children, actual residents of the city and county of New York, at the 
 time of attending said school, between the ages of four and twenty-one years, 
 who attended said school or department, each school-time or half day, from 
 the day of to the first day of January, 
 
 was . Said average having been obtained by 
 
 adding together "the number of scholars present each school-time, or half day 
 and dividing the total by four hundred and sixty, agreeably to the fifteenth 
 section of this act." 
 
 34. In any suit which shall hereafter be commenced against the com 
 naissioners or trustees of common schools, for any act performed by virtue of 
 or under color of their offices, or for any refusal or omission to perform any 
 duty enjoined by law, and which might have been the subject of an appeal 
 to the superintendent, no costs shall be allowed to the plaintiff in cases where 
 the court shall certify it appeared, on the trial of the cause, that the defend- 
 fait acted in good faith. But this provision shall not extend to suits for pen 
 alties, nor to suits or proceedings to enforce the decisions of the superintend- 
 Dt of common schools. 
 
329 f . 
 
 35. All children between the ages of four and twenty-one, residing in 
 the ci r y and county, shall be entitled to attend any of the common schools 
 therein ; and the parents, guardians or other persons having the custody or 
 care of such children, shall not be liable to any tax, assessment or im 
 position for the tuition of any children, other than is hereinbefore provi 
 ded. 
 
 36. The free academy in the city of New- York shall be entitled to par 
 ticipate in the distribution of the income of the literature and other funds, in 
 the same manner and upon the same conditions as the other academies of the 
 state, and the regents of the university of the state of New-York shall pay 
 annually to the board of education of the city and county of New-York, the 
 distributive share of the said funds to which the said free academy shall by 
 law be entitled,and which shall be applied and expended for library books for 
 the said free academy. 
 
 37. The clerk o"f the board of education is hereby authorized to admin 
 ister oaths and take affidavits in all matters appertaining to the schools in 
 the city and county of New- York, and for that purpose shall possess all the 
 powers of a commissioner of deeds, but shall not be entitled to any of the 
 fees or emoluments thereof. 
 
 38. No school officer shall be interested in any contract, payments under 
 which are to be made, in whole or in part, out of moneys derived from the 
 school fund or raised by taxation for the support of common schools. No 
 teacher employed in any of the schools entitled to participate in the appor 
 tionment of the school moneys, shall hereafter be eligible to the office of com 
 missioner, inspector or trustee of common schools. 
 
 39. The common council shall provide and furnish suitable rooms, 
 for the meeting of the board of education, and for the transaction of its busi 
 ness. 
 
 40. The act entitled, "An act to extend to the city and county of New 
 York the provisions of the general act in relation to common schools," passed 
 April 11 tli, 1842, and an act amending the same, passed April 18th, 1843; 
 and the act entitled, " An act more effectually to provide for common school 
 education in the city and county of New- York," passed May 7th, 1844, and 
 the several acts amending the same, passed respectively on May llth, 1847 ; 
 March 27th, 1848 ; April llth, 1849 ; and the act authorizing the board of 
 education of the cify of New- York to establish evening schools for the edu 
 cation of apprentices, and others, passed March 25th, 1848; and an act au 
 thorizing the board of education of the city and county of New-York to es 
 tablish a free academy in caid city, passed May 7th, 1 847, and all other acts 
 and parts of acts inconsistent with or repugnant to the provisions of this act. 
 are hereby repealed. 
 
 OSWEGO. 
 
 By chapter 116, laws of 1848, a city superintendent of common schools is 
 authorized to be elected, who " shall have all the powers and perform all th,e 
 duties, and be subject to all the liabilities and obligations of town superinten 
 dents of common schools in any town of the county of Oswego ; and he shall 
 also commence his term of- office at the same time, and hold it for the same 
 period a^ town superintendent." 20. 
 
 By 10 of the same act, as amended by the first section of chap. 182, 
 Jaws of 1849, it is provided that "in case a vacancy, from any cause, shall 
 happen in the office of superintendent of common schools, the common coun 
 cil may appoint, by ballot, a qualified person to fill such vacancy." 
 
330 
 POUGHKEEPSIE. 
 
 [Laws of 1843. Chap. 211.] 
 
 AN ACT to establish Free Schools in the village of Poughkeepsie. 
 \ 
 
 Passed April 18, 1843, by a two-third vote. 
 
 The People of the State of New -York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The village of Poughkeepsie shall form a permanent school district, 
 not subject to alteration by the commissioners of common schools for the town 
 in which the said village is situated. 
 
 2. There shall be elected in said district the first year, twelve commis 
 sioners of common schools, as soon after the passage of this act as the trus 
 tees of the village of Poughkeepsie can order an election, for the choice of 
 said commissioners, after giving one week s notice in all the papers of the 
 village, of the time and place of holding said election ; the twelve commis 
 sioners then elected shall constitute, and are hereby denominated, the Board 
 of Education for the village of Poughkeepsie. Four of the said board shall 
 go out of office at the expiration of the first year, four at the expiration of 
 the second year, four at the expiration of the third year four persons being 
 annually elected to supply their places,who shall hold their office in said board 
 for three years. The annual election shall be held on the first Tuesday in 
 June of each year. 
 
 3. The trustees of the village of Poughkeepsie shall appoint inspectors 
 of the said elections, and of all other elections to be held under this act, with 
 in thirty days next preceding the time of holding the same ; and notice there 
 of shall be given in the same manner, and the same shall be held and con 
 ducted, the votes shall be canvassed, and the result of the election determined 
 in the same manner as in the case of the annual election of other officers o 
 the said village. 
 
 4. In case of vacancy in the office of any such commissioners, or in 
 case no person shall be elected thereto, by reason of two or more persons 
 having an equal number of votes, the trustees shall appoint an inhabitant of 
 the village to fill the same, and the person appointed shall hold his office un 
 til the next election of commissioners of common schools. 
 
 5. Immediately after the election of the said board of education, they 
 shall proceed, under the provisions of this law, to build and furnish one good 
 and substantial school -house, containing two rooms, of sufficient capacity to 
 accommodate not less than one hundred and twenty-five pupils each, and to 
 rent five other rooms for primary schools ; said primary schools to be opened 
 for the reception of pupils by the first of May next ensuing, or as soon there 
 after as practicable, and the other schools on or before the first of November 
 next ensuing. Whenever the board may deem necessary, they shall have 
 authority to establish other primary schools ; and for the purpose of defraying 
 the expenses of the five primary schools, and the schools to be kept in the 
 building provided for in this section, for the firsl year after the passage of 
 this act, the trustees of the corporation of the village of Poughkeepsie shall 
 levy and raise the sum of fifteen hundred dollars. 
 
 6. The trustees of the village of Poughkeepsie are hereby authorized 
 and required to borrow on the bond of the corporation, at a rate of interest 
 not exceeding seven per cent, per annum, for such a term of years as they 
 may deem proper, the sum of three thousand dollars, for the purchase of a 
 site and erection of a school-house, as is provided for in the preceding sec 
 tion ; the money loaned to be payable- in equal annual instalments of five 
 hundred dollars per annum, after the expiration of the term of years for which 
 it may be borrowed. 
 
331 
 
 7. It shall be the duty of the board of education to make to the trus 
 tees of the village of Poughkeepsie, who shall cause it to be published in at 
 least two papers of the said village, an annual report, on or before the first 
 Tuesday in February of each year, setting forth the number and condition of 
 each school under their charge, and a detail of all the expenses during the past 
 year, and all other particulars relating to the schools. 
 
 8. In their annual report, the said board of education shall fix and de 
 termine, and certify the amount of money which, when added to the money 
 annually apportioned to the said corporation, out of the funds belonging to 
 the state, shall be necessary to support all the schools under their superin 
 tendence. The said amount shall in no case exceed four times the amount 
 which shall have been apportioned out of the funds belonging to the state as 
 aforesaid, for the year next preceding. 
 
 9. On the day of the annual charter election of said village, the trus 
 tees shall state to the citizens the amount recommended by the board of ed 
 ucation to be raised for the support of schools for the ensuing year, and the 
 electors may vote the sum reported by said board, or any other amount they 
 shall deem proper, not inconsistent with the preceding section. 
 
 10. The trustees of said village shall annually levy and raise the amount 
 of money so voted, at the same time and in the same manner as the other 
 general taxes of the said village are levied and raised ; and a separate col 
 umn shall be provided in the general assessment rolls of the said village, in 
 which shall be inserted by the village trustees the amount of tax assessed for 
 the support of common schools. 
 
 11. All moneys levied and raised for the support of common schools,, 
 together with the public moneys received from the state,"shall be paid to the 
 treasurer of the village of Poughkeepsie, and shall be kept by him in the 
 same manner as other moneys of said village are kept, and shall be paid out 
 by said treasurer from time to time, upon the resolution of the board of ed 
 ucation, duly certified by the clerk thereof, and not otherwise. 
 
 12. Whenever the said board of education shall deem an additional 
 school-house necessary, they shall mention the same in their annual report, to 
 gether with the location they .propose for it, the cost of a lot for the building, 
 a plan of the building and an estimate of the cost of it. And the electors of 
 the village, at the annual election on the first Tuesday of June for four mem 
 bers of the board of education, as is hereinbefore provided for, shall vote by 
 ballot for or against the erection of said school-house, under such regulations 
 for conducting the election as the trustees of the village shall prescribe ; and 
 it shall not be lawful to erect said school-house until a majority of electors 
 voting at such election shall decide in favor of it ; and the cost of building 
 and furnishing of gaid school-house shall in no case exceed the sum of three 
 thousand dollars. 
 
 1 3. Whenever the electors shall decide in favor of the erection of an ad 
 ditional school-house, it shall be the duty of the trustees of the village of 
 Poughkeepsie to borrow on the bond of the village, at a rate of interest not 
 exceeding seven per cent, per annum, the sum of three thousand dollars, for 
 the erection of said school-house ; but no part of said loan shall be payable 
 in a less term than twelve years and then to be payable in equal annual instal 
 ments of five hundred dollars each. And all the loans authorized by this act, 
 for the purchase of sites and erection of school-houses, shall not exceed the 
 sum of twelve thousand dollars. 
 
 14. The trustees of said village are hereby authorized to raise by tax 
 upon the real and personal property of said village, in the same manner as 
 the general taxes of said village are levied and collected, the annual interest 
 of the above mentioned loan or loans, and to pay over the same in discharge 
 of such interest ; and also in each year in which an instalment of the above 
 loan or loans shall become due, to raise, levy and collect, in the same man 
 ner, a sum equal to that instalment, and to pay over the same in discharge 
 thereof. 
 
332 
 
 15. The said board of education, in addition to the powers and duties 
 prescribed by this act, shall perform all the duties, and shall have and pos 
 sess all the rights, powers and authority of commissioners of common schools 
 in the several towns of this state, which shall not conflict with the provi 
 sions of this law. 
 
 16. The said board of education shall have power to establish and 
 cause to be kept, a school or schools in said vi luge tor the instruction of col 
 ored childien. 
 
 ^ 17. The said board of education, in addition to performing all the du 
 ties of commissioners of common schools, shall require three of their number 
 to visit each school once a week, and render such assistance to the teacher 
 and advice to the pupils as may be expedient. 
 
 18. The said board of education shall make by-laws to regulate their 
 proceedings, and shall have the entire control and management of all the 
 common schools of the village, and the property connerted therewith. 
 
 19. The said board of education shall annually report to the commis 
 sioners of the town of Poughkeepsie, the number of children over the ages 
 of five and under sixteen years, in said district. 
 
 20. The commissioners of common schools of the town of Poughkeep- 
 .file shall pay over to the treasurer of said village the amount of the public 
 money that said village is entitled to receive from the State. 
 
 21. The said board of education shall have control of the district li 
 brary, shall employ a librarian, and shall, from time to time, make such reg 
 ulations respecting it as they shall deem necessary. 
 
 22. The services of the board of education, designated by this act, 
 shall be gratuitous, and any person elected a member of said board who shall 
 refuse to serve, shall be liable to a penalty of twenty-five dollars, to be sued 
 for and recovered by the trustees of the village, and the money to be applied 
 to the purposes of education. 
 
 23. The present Lancaster school may, with the consent ef the trustees 
 thereof and not otherwise, constitute one of the common schools in said 
 village, and shall be conducted and supported as other schools under this 
 act. 
 
 24. All previous acts relating to common schools in the village of 
 Poughkeepsie, conflicting with this act, shall be, and are, hereby repeal 
 ed. 
 
 25. This act shall not take effect unless approved by a majority of the 
 legal voters of the village of Poughkeepsie, at a special election to be called 
 for that purpose by the trustees of the village, within thirty days after the 
 passage of this act, public notice of which shall be given in all the village 
 papers, and by hand-bills, for at least one week before holding the election. 
 The electors shall vote by ballot, the ballots having written or printed upon 
 them the words " for free schools," or " against free schools ; , and the elec 
 tion shall be conducted as the trustees of said village may prescribe, :and 
 they shall certify the result thereof; and if a majority of the said ballots 
 shall be " for free schools," then this act shall take effect immediately. 
 
 ROCHESTER. 
 
 [Chap. 262, laws of 1850, as amended by chap. 389, laws o/1851.] 
 
 By 9 of Title II, two Commissioners of Common Schools are required to 
 be annually elected in each ward, on the first Tuesday in March. 
 
 " For the election of commissioners of common schools the electors of each 
 ward shall deposit their ballots, containing the name of one person designated 
 for the office ; the two persons having the highest number of votes shall be 
 declared to be elected; no ballot which contains more than one name 
 *hall be counted" 17. By 30. in case a vacancy shall occur in the office, 
 " the Common Council may, in their discretion, fill such vacancy, by the ap- 
 
pointment of a suitable person who is an elector, and if appointed for a ward 
 or district, who is a resident of the ward or district for which he shall be ap 
 pointed ; and any officer appointed to fill a vacancy, if the office |s elective, 
 shall hold by virtue of such appointment, only until* the first Monday of April 
 next succeeding. If an elective officer whose office shall have become vacant, 
 was one of a class, a successor for the unexpired term shall be elected at the 
 next annual election." 
 
 By 32 every person so elected or appointed to the office of commission 
 er, shall, before he enters on the duties of his office, and within five days after 
 being notified of such election or appointment, take the oath of office prescri 
 bed by the constitution of the State, before some officer authorized to take 
 affidavits to be read in courts of justice, and file the same with the clerk of 
 the city ; and by 34 his neglect to do so, or if required by the common 
 council, to execute an official bond or undertaking, the neglect to execute and 
 file the same in manner and within the time prescribed by the common coun 
 cil, shall be deemed a refusal to serve. 
 
 TITLE VI SCHOOLS AND BOARD OF EDUCATION. 
 
 161. The several wards of the city of Rochester shall constitute one 
 school district, for all purposes except as herein otherwise provided, and the 
 schools therein shall be free to all children between the ages of five and six 
 teen [twenty one] residing in such wards. 
 
 162. The titles of the school houses, sites, lots, furniture, books, appara 
 tus and appurtenances, and all other school property in this act mentioned;, 
 shall, within three months from the passage of this act, be transferred and 
 conveyed by the trustees of the several school districts in the said city, to 
 the said city of Rochester. 
 
 163. The several school districts now in the city of Rochester shall, with 
 in three months from the passage of this act, deliver over to and place in the 
 care of the board of education hereinafter mentioned, all school district re 
 cords, account books, vouchers, contracts, papers and other school property , 
 and the said school officers of the said city and the several school districts 
 thereof shall continue in office until the unfinished business of said districts- 
 shall have been finally closed up and settled, not exceeding three months after 
 the passage of this act, with all the power and duties now by law imposed up 
 on them for the purpose of closing such unfinished business. 
 
 164. The common council of said city may, upon the recommendation of 
 the board of education hereinafter mentioned, sell any of the school houses, 
 lots or sites, or any other school property now or hereafter belonging to said 
 city, upon such terms as the said common council may deem reasonable. The 
 proceeds of all such sales shall be paid to the city treasurer of the city, and 
 shall be by the said common council again expended in the purchase, repairs 
 or improvements of other school houses, lots, sites or school furniture, appara 
 tus or appurtenances. 
 
 165. The commissioners of common schools in said city shall constitute 
 a board to be styled the " Board of Education of the city of Rochester," which 
 shall be a corporate body in relation to all the powers and duties conferred 
 upon them by virtue of this act ; they shall meet on the first Monday of each 
 and every month, and as much oftener as they shall from time to time appoint ;- 
 a majority of the said board shall constitute a quorum for the transaction of 
 business. The said board shall appoint one of their number president, who 
 shall, when present, preside at all the meetings of said board, and shall have 
 power to call special meetings of the board, in the manner described by this 
 act for the calling of special meetings of the common council. In the absence 
 of the president, the board shall appoint some other member to preside at 
 such meetings and perform the duties of the president. No member of 
 said board of education shall, during the period for which he was elected, be 
 appointed to, or be competent to hold any office of which the emoluments are 
 paid from the city treasury, or paid by fees directed to be paid by any act or 
 
e * 334 
 
 ordinance of the board of education, cr be directly or indirectly interested in 
 any contract, as principal, surety, or otherwise, the expenses or consideration 
 whereof are to be paid under any ordinance of the board of education. 
 
 16G. The said commissioners shall annually appoint a city superintend 
 ent of common schools, who shall hold his office during the pleasure of the 
 board, and whose compensation shall be fixed by the said board ; the said su 
 perintendent shall officiate as clerk of the board, and shall keep a record of 
 the proceedings of the board, and perform such other duties as the board may 
 prescribe. The said record or a transcript thereof, certified by the president 
 and clerk, shall be received in all courts as prima facie evidence of facts there 
 in set forth ; and such records and all the books, accounts, vouchers and papers 
 of said board shall at all times be subject to the inspection of the common 
 council and of any committee thereof. 
 
 167. The common council of said city shall have the power, and it shall 
 be their duty to raise from time to time, by tax to be levied equally upon all 
 the real and personal estate in said city which shall be liable to taxation for 
 the ordinary city taxes or for city or county charges, such sum or sums of mon 
 ey as may be necessary or proper for any or all the following purposes : 
 
 1. To purchase, lease or improve sites for school houses. 
 
 2. To biiHd, purchase, lease, enlarge, improve, alter and repair school hous 
 es and iheir out-houses and appurtenances. 
 
 3. To purchase, improve, exchange and repair school apparatus, books, fur 
 niture and appendages, 
 
 4. To procure fuel and defray the contingent expenses of the common 
 schools. 
 
 6, To pay the wages of teachers due after the application of the public 
 moneys which may by law be appropriated and provided for that purpose : 
 provided, nevertheless, that the tax to be levied as aforesaid and collected by 
 virtue of this act, shall be collected at the same time and in the same manner 
 as other city taxes. 
 
 6. And the amount to be raised for teachers wages and contingent expen 
 ses, in any one year, shall not be less than four nor more than five times the 
 amount appropriated to said city from the common school fund of the State 
 during the previous year. Nor shall the amount to be raised in any one year, 
 to lease, alter, improve and repair school houses and their out-houses and ap 
 purtenances, exceed three thousand dollars. Nor shall the amount to be raised 
 in any one year to purchase and improve sites, and build or enlarge school 
 houses, exceed three thousand five hundred dollars each ; and the common 
 council of said city are authorized and directed, when necessary, to raise by 
 loan, in anticipation of the taxes, the moneys so to be raised, collected and 
 levied as aforesaid. 
 
 168. All moneys to be raised pursuant to the provisions of this act, and 
 all school moneys by law appropriated to, or provided for said city, shall be 
 paid to the city treasurer thereof, who, together with their sureties upon his 
 official bond, shall be accountable therefor in the same manner as for other 
 moneys of said city. The said city treasurer shall be liable to the same penal 
 ties for any official misconduct in relation to the said moneys, as for any simi 
 lar misconduct in relation to other moneys of said city. 
 
 169. The said " board " shall have power, and it shall be their duty, 
 
 1. To establish and organize in the several wards of said city such and so 
 many schools (including the common schools now existing therein) as they 
 shall deem requisite and expedient, and to alter and discontinue the same. 
 
 2. To hire school houses and rooms and improve them as they may deem 
 proper. 
 
 3. To alter, enlarge, and improve and repair school houses and appurtenan 
 ces as they may deem advisable. 
 
 4. To purchase, exchange, improve and repair school apparatus, fnrniture 
 and appendages, and to defray their contingent expenses. 
 
 5. To have the custody and safe keeping of the school houses, out-houses, 
 fences, books, furniture and appendages, and to see that the ordinances of the 
 common counncil in relation thereto be observed. 
 
335 
 
 6. To contract with, license and employ all teachers in said schools and at 
 their pleasure to remove them. 
 
 7. To pay the wages of such teachers out of the moneys appropriated 
 and provided by law for the support of schools in said city, so far as the 
 same shall be sufficient, and the residue thereof from the money authori 
 sed to be raised for that purpose by section 167 of this act, by tax upon said 
 city. 
 
 8. To defray the necessary contingent expenses of the board including an 
 annual salary to the superintendent. 
 
 9. To have in all respects the superintendence, supervision and manage 
 ment of the common schools in said city, and from time to time to adopt, alter, 
 modify and repeal, as they may deem expedient, rules and regulations for their 
 organization, government, visitation and instruction, for the reception of pupils 
 and their transfer from one school to another, and generally for the promotion 
 of their good order, prosperity, and public utility. 
 
 10. Whenever, in the opinion of the board it may-be advisable to sell any 
 of the school houses, lots, or sites, or any of the school property now or here 
 after belonging to the city, to report the same to the common council. 
 
 11. To prepare and report to the common council such ordinances and re 
 gulations as may be necessary or proper for the protection, safe keeping, care 
 and preservation of school houses, lots, and sites and appurtenances, and all 
 the property belonging to the city connected with, or appertaining to the 
 schools, and to suggest proper penalties for the violation of such ordinances 
 and regulations ; and annually on or before the first day of September on each 
 year to determine and certify to said common council, the sums in their opin 
 ion necessary or proper to be raised under the 167th section of this act, speci 
 fying the sums required (for the year commencing on the first Monday of April 
 thereafter) for each of the purposes therein mentioned and the reasons there 
 for. 
 
 12. Between the first day of January and the fifteenth day of January in 
 each year, to make and transmit to the county clerk or such other officer as 
 may be designated by law, a report in writing, bearing date the first day of 
 January in the year of its transmission, and stating : 
 
 1. The number of school houses in said city, and an account and descrip 
 tion of all of the common schools kept in said city during the preceding year, 
 and the time they have severally been taught. 
 
 2. The number of children taught in said schools respectively, and the 
 number of children over the age of five [four] years, and under the age of 
 sixteen [21] years residing in said city on the last day of December previous. 
 
 3. The whole amount of school morievs received by the city treasurer of 
 said city during the year preceding, distinguishing the amount received from 
 the county treasurer from the city tax, and from any other source. 
 
 4. The manner in which such moneys had been expended, and whether any 
 and what part remains unexpended and for what cause. 
 
 6. The amount of money received for tuition fees from foreign pupils du 
 ring the year, and the amount paid for teachers wages in addition to the pub 
 lic moneys, with such other information relating to the common schools of said 
 city, as may from time to time be required by the state superintendent of com 
 mon schools. 
 
 170. The said board of education shall have power to allow the children 
 of persons not resident within the city to attend any of the schools of said 
 city under the care and control of said board, upon such terms as said board 
 shall by resolution prescribe, fixing the tuition which shall be paid therefor. 
 
 171. It shall be the duty of said board in all their expenditures and con 
 tracts to have reference to the amount of moneys which shall be subject to 
 their order during the then current year, for the particular expenditure in ques 
 tion, and not to exceed that amount, and thev shall apply the moneys levied, 
 raised and received by them for the support of common schools in said city, in 
 
336 
 
 *uch ft manner as shall secure equal educational advantages to all the child 
 renof said city over five andunder sixteen [21] years of age, by continuing the 
 schools in each district an equal period as near as may be. 
 
 172. The said board of commissioners shall be trustees of the school li 
 brary or libraries in said city, and all the provisions of the law which now are 
 or hereafter may be passed relative to district school libraries shall apply to 
 the said commissioners. They shall also be vested with the same discretion 
 as to the disposition of the moneys appropriated by any laws of this State 
 for the purchase of libraries which is therein conferred upon the inhabitants 
 of school districts. It shall be their duty to provide for the safe keeping of 
 the libraries. The city superintendent shall be the general librarian. The 
 bo erd shall also appoint a librarian for each school, to have the care of the books 
 and to superintend the letting out and return thereof. The several school 
 librarians shall from time to time inform the general librarian of the state and 
 condition of their libraries, and the said board or the general librarian under 
 the direction or by rcsofution of the said board, may make all purchases of 
 books for the libraries, and provide for their equitable distribution among the 
 schools, and exchange or cause to be repaired, the damaged books belonging 
 thereto, and also to sell any books which may be deemed useless, and apply 
 the proceeds to the purchase of other books for said libraries. 
 
 173. It shall be the duty of the said board, at least twenty days be 
 fore the annual election for commissioners in each year, to prepare and 
 report to the common council true and correct statements of the receipts 
 and disbursements of money under and in pursuance of the provisions of this 
 act, during the preceding year, in which account shall be stated under appro 
 priate heads, 
 
 1. The moneys raised by the common council under the 167th section of 
 this act : 
 
 2. The school moneys received by the city treasurer of the city : 
 
 3. The moneys received by the common council under the 167th section 
 of this act: 
 
 4. All other moneys received by the city treasurer subject to the order of 
 the board specifying the same and sources : 
 
 5. The manner in which such sums of money shall Jiave been expended, speci 
 fying the amount paid under each head of expenditure. And the common 
 council shall, ten days before such election, cause the same to be published in 
 afc least two of the newspapers published in said city. 
 
 174. The common council of the said city shall have the power to pass 
 such ordinances and regulations as the said board of education may report 
 as necessary and proper for the protection, safe keeping, care and preserva 
 tion of the school houses, lots, sites, appurtenances and appendages, libraries, 
 and all necessary property belonging to or connected with the schools in said 
 city, and to impose proper penalties for the violation thereof, subject to the 
 restrictions and limitations contained in this act ; and all such penalties shall 
 be collected in the same manner that the penalties for the violation of the city 
 ordinances are by law collected, and when collected shall be paid to the city 
 treasurer of the city, and be subject to the order of the board of education in 
 ihe same manner as other moneys raised pursuant to this act. 
 
 175 It shall be the duty of the common council, within fifteen days af 
 ter receiving the certificate of the commissioners required by the 169th section 
 of this act, of the sums necessary or proper to be raised under the 167th sec 
 tion of this act, to determine and certify to said board of education the amount 
 that will be raised by them for the year commencing on the first Monday of 
 April thereafter, for the purposes mentioned in said 167th section, distinguish 
 ing between the amount to be raised for teachers wages and contingent expen 
 ses, and the amount to be raised for the repair of school houses, which amounts 
 ahall be subject to the disposal of the board of education. 
 
 176. All the moneys required to be raided by virtue of this act or re 
 vived by the said city for or on account of the common schools, shall be de- 
 
337 
 
 posite:! for the safe keeping thereof with the city treasurer of said city to the 
 credit of said board of education, and shall be drawn out in pursuance of a re 
 solution or resolutions of said board by drafts drawn by the president and 
 countersigned by the clerk of said board, payable to the order of the person 
 or persons entitled to receive such moneys, and said city treasurer shall keep 
 the funds authorized by this title to be received by him separate and distinct 
 from any other fund which he is or may by law be authorized to receive. 
 
 177. Die real and personal estate in each of the school districts, num 
 bers fourteen and sixteen, as at present existing shall be assessed toward de 
 fray ing the expense of building a school house in each of said districts re 
 spectively as follows : Number fourteen, a sum not exceeding two thousand 
 dollars, and number sixteen a sum not exceeding one thousand dollars, and 
 the balance, which may be found necessary to complete the school houses in 
 paid districts fourteen and sixteen, respectively, shall be paid out of money* 
 authorized to be raised by section 167 of this act, to build and enlarge school 
 houses. 
 
 178. The said board of education shall have power to establish and 
 cause to be kept, such number of schools in said city for the instruction of 
 colored children, as they shall deem expedient. 
 
 179. The said board of education shall possess all the power and be 
 subject to all the duties and responsibilities of trustees of common schools im 
 the towns, in respect to the school mentioned in the last preceding section, s 
 far as the same are applicable ; and shall pay the compensation of the teachers 
 of .he s-aid schools, and all the other expenses thereof, out of the money r;i- 
 ed by tax under this act, for the support of common schools ; and until such 
 schools for the instruction of c< -lore- 1 children shall be so provided, it shall not 
 be lawt ul to impose any tax upon he property of any colored person in said 
 ci-ty, for the support of common schools. 
 
 ^ l<s(j. Whenever the said board of education rhall determine to establish 
 any schools for the instruction of colored children, they shall divide the said 
 city into convenient districts for the accommodation of such children, and 
 enter ihe boundaries thereof on their records ; they shall make an estimate of 
 the expense of erecting a suitable school house in each of said districts, and 
 determine the sites thereof respectively, and report all their doings under thi* 
 section, to the common council. 
 
 S 181. The common council shall have power to raise by general tax, in 
 the manner hereinbefore provided, and on a separate warnint. such sum a* 
 flidl be necessary to build a school house in each of the said districts, or in a* 
 many "f them as they may deem expedient, not exceeding in the aggiegatc 
 the sum of rive thousand dollars, or the said common council may refuse t* 
 raise such tax. 
 
 182. In cnse the common council shall refuse to raise such tnx, the said 
 board of education shall have power to provide, and lease suitable rooms or 
 buildings for the accommodation of such schools, or either of them ; but the 
 annual expenditure for this purpose shall not exceed the sum of five hundred 
 dollars. 
 
 KS;}. It shall be the duty of the trustees of the Rochester Collegiate In 
 stitute to make the reports and returns which by law they are requiied t 
 HKtke, as trustees of a school district, to the said board of education. 
 
 SALEM. 
 
 [Laws of 1851. Chap. 206.] 
 
 88. The board of trustees [of the village of Salem] aforesaid, shall, with 
 in twenty days after the passage of thi^ act, appoint six coinm ssimiers of 
 ftcln ois. The persons so appointed, shall, within rive days after their appoint* 
 meiit, take the oath of office prescribed by the constitution of this state for 
 etate oth cer, and tile the same with the cle;k. 
 
 22 
 
338 
 
 89. The board of trustees shall divide the said commissioners into three 
 classes, to be denominated first, second and third, and shall designate to which 
 class each person so appointed shall belong. The term of office of the first 
 class shall expire on the last Monday in April next thereafter ; of the second 
 in one year ; and the third, two years from the said last Monday in April. 
 
 90. There shall be elected at the next annual election thereafter, two 
 commissioners of schools, and each year thereafter the like number, to supply 
 the places of those whose term is about to expire : such person so appointed 
 or elected as aforesaid, shall hold their offices till successors shall be duly 
 elected and qualified, and the term of office shall be two years, except when 
 elected or appointed to fill a vacancy. 
 
 91. The board of trustees may make appointments to fill vacancies, 
 which may occur from any cause other than the expiration of the term of office 
 of those elected. The commissioners so appointed shall hold their offices for 
 the unexpired term of those, to supply whose places they are appointed. 
 
 92. The president of the board of trustees, together with the said com 
 missioners, shall constitute a board to be styled " The Board of Education of 
 the village of Salem," and shall be a corporate body in relation to all the 
 powers and duties conferred or imposed by law. In the absence of said presi 
 dent, such board may appoint one of their number to preside. A majority of 
 auch baard shall be a quorum. No member of such board shall receive any 
 compensation for bis services. The clerk of said village shall be clerk of said 
 board. 
 
 93. The clerk of said board of education shall keep a record of the pro 
 ceedings thereof, and perform such other duties as the board may prescribe ; 
 such record or a transcript thereof, certified by such clerk under the seal of the 
 said board, shall be presumptive evidence of the facts therein set forth ; and 
 such record, and all the books, accounts and proceedings of said board, shall 
 be subject to the inspection of said board of trustees, and of any committee 
 {hereof. Such clerk shall also perform all the duties, and shall be vested with 
 all the powers conferred or imposed by law on clerks of school districts in 
 towns, so far as such laws may be applicable and can be applied to such vil 
 lage, and are not inconsistent with this act. He may appoint a deputy, who 
 shall be vested with the same powers. 
 
 94. The board of trustees aforesaid shall have power, and it shall be 
 their duty, to raise from time to time by tax upon the taxable property and 
 persons in such village, which shall be liable to taxation for county purposes, 
 in addition to the amount now or hereafter to be provided bylaw for common 
 schools in said village, such sums as may be determined and certified by said 
 board of education to be necessary for any or all of the following purposes : 
 
 1. To purchase, lease, or improve sites for school houses and appurtenan 
 ces. 
 
 2. To build, purchase, lease, enlarge, alter, improve and repair school 
 houses, and their out houses, and appurtenances. 
 
 3. To purchase, exchange, improve and repair school apparatus, books, 
 maps and charts, furniture and appendages ; provided, however, that class or 
 text books shall not be furnished for any scholars whose parent cr guardian 
 shall be able to furnish the same. 
 
 4. To procure fuel and defray the contingent expenses of schools and of 
 the school library. 
 
 5. To pay teachers wages. 
 
 6. To pay charges or expenses incurred by law or necessary to carry 
 this act into effect, or to refund loans contracted by law, and to pay the inter 
 est thereon, or to pay such sums as shall be required to fulfil any contract du 
 ly made under the provisions of this act. 
 
 95. The board of trustees shall cause the amount of such school tax to 
 be added in a separate column, to the assessment roll for ordinary taxes in 
 said village ; and they shall cause the same to be assessed, levied and collect 
 ed at the same time and by the same warrant, and in the same manner with 
 the taxes raised for village purposes as aforesaid. 
 
339 
 
 96. All moneys raised for school purposes in said village and all belonging 
 thereto, payable from other sources, shall be paid to the treasurer of said vil 
 lage, who together with the sureties on his official bond, shall be accountable 
 therefor, in the same manner as for other moneys of the said village. The 
 treasurer shall also be liable to the same penalties for any official misconduct 
 in relation to such moneys, as for any similar misconduct in relation to other 
 moneys of said village. 
 
 97. The treasurer shall keep a separate account of all moneys in his 
 hands or received for school purposes, to be called the " school fund." No 
 payment shall be msde out of that fund, except upon orders duly drawn in pur 
 suance of a resolution of said board of education, and certified by the clerk, and 
 countersigned by the president of said board. The treasurer shall in his an 
 nual report, state fully the account of all receipts and disbursements from that 
 fund during the year, and the balance, if any, in his hands. His account as 
 to the school fund shall be examined by the board of education, annually, 
 who shall report thereon to the trustees. 
 
 98. The said board of education shall have power, and it shall be their 
 duty: 
 
 1. To establish and organize such and so many schools in said village, in 
 cluding the common schools therein, as they shall deem requisite and expedi 
 ent, and to alter and di -icontinue or change and consolidate the same. 
 
 2. i7\> purchase or hire school houses ami rooms and lots or sites for school 
 houses, and to fence, improve and repair them as they shall judge expedient. 
 
 3. Upon such sites or lots, or upon any lots owned by said village, to build, 
 enlai-ge, alter, improve and repair school houses, out houses and appurtenan 
 ces, as they may deem advisable. 
 
 4. To purchase, exchange, improve and repair school apparatus, books 
 for indigent pupils and for the school library, to provide fuel and lights, fur 
 niture and appendages for the schools, and defray their contingent expenses 
 and the expenses of library. 
 
 5. To have the custody and safe-keeping of the school-houses and all the 
 school property aforesaid, and to see tha^ the ordinances of the board o 
 trustees in regard thereto be observed, and to report to them any violation 
 thereof. 
 
 6. To contract with, examine, license and employ all teachers in the schools 
 either high or common, and in all branches or departments thereof, and at 
 their pleasure to remove them. 
 
 7. To pay the wages of snch teachers out of the school moneys which 
 shall be appropriated and provided by the said village, so far as the same 
 shall be sufficient, and the residue thereof from the money authorized to be 
 raised by this act by tax as aforesaid. 
 
 8. To defray the necessary contingent expenses of the board of educa 
 tion, provided that rhe account of such expenses shall be first audited and 
 allowed by the board of trustees. 
 
 9. To have, in all respects, the superintendence, supervision and manage 
 ment of the schools aforesaid, to adopt, alter, modify and repeal, as they may 
 deem expedient, rules and regulations for their organization, government and 
 instruction, for the reception of pupils and their transfer from one school to an 
 other, and generally for their good order, prosperity and public utility. 
 
 10. Whenever, in the opinion of the board of education, it may be advi 
 sable to sell any of the school-houses, lots or sites, to repot t the same to the 
 board of trustees. 
 
 11. To prepare and report to the board of trustees such ordinances and 
 regulations as may be necessary and proper for the protection, safe-keeping, 
 care and preservation of property held for school purposes, and to suggest 
 proper penalties for the violation thereof; and annually to determine and 
 certify to said board the sums, in their opinion, necessary to be raised for the 
 several school purposes specified in this act. 
 
340 
 
 12. To provide for the payment to any adjoining school district, or any 
 person or per-ons entitled thereto, of any sum on account of such person, or 
 or any part of said district being or having been included or connected with 
 territory not MOW included in said village. 
 
 13. Between the first day of July and the first day of August in each 
 year, to make and file with the county clerk and with the clerk of said vil 
 lage, a report in writing, bearing date the first day of July in such year, and 
 Btatiug : 
 
 1. An account and description of all the schools kept in said village 
 during the preceding year, and the time they have severally been 
 taught 
 
 2 The number of children taught in said school respective y, and designat 
 ing the number ove i five and under sixteen years of age, residing in said 
 village on the first day of January in said year. 
 
 3. The whole amount of school moneys received by the treasurer of 
 said village during the year preceding, designating the amount received from 
 the county treasurer, from the village collector and from other sources, speci 
 fying the same. 
 
 4. The manner in which such moneys have been expended and whether 
 any part remained unexpended with the amount and cause thereof. , 
 
 5. The amount of moneys received for tuition fees from foreign pupils or 
 others during the year; the amount paid for teachers wages in the aggre 
 gate, and the amount over and above the public moneys, together wilh such 
 other tacts as relate to common schools as is required by law to be reported 
 by town superintendents, or as said board of trustees ?hall deem neces 
 sary. 
 
 14. To establish, organize and maintain in said village, whenever in their 
 opinion it shall be necessary a union or consolidated school, composed of 
 primary and secondary schools and a high school, on such plan and under 
 such discipline and management as they shall deem advisable ; and in such 
 case to prescribe the course oi studies therein, and so arrange and regulate 
 the system of instruction in each of .-aid schools, that the transfer of pupils 
 shall thereafter be from ;he primary, directly into the secondary and thence 
 into the high school i,r olhei win- as they shall deem advisable. And for the 
 purposes afore-aid, said board shall be vested with all the powers and charg 
 ed with all the duties and liabilities abovt- specified in regard to schools 
 generally. 
 
 And said board may organize and maintain primary, secondary or hrgh 
 schools, or either of them in, or cause the. -ame to be taught in connection 
 with the Washington academy on such terms and conditions, and for such 
 time not excediug ten years as shall be deemed expedient by and between 
 Raid board of education and the trustees of such academy ; such management 
 shal,!, if made, be by contract duly executed by said parties, but no such 
 contract shall be made without the absent of the board of -trustees of said 
 village ; and in such case i-aid board of education are vested with power to 
 make such rules and regulations as they shall see fit as to the age or degree 
 of scholarship required to enter said several departments, ihe compensation 
 and payment therefor and other terms thereof, and the time of continuance 
 therein. 
 
 99. Such board of education shall have a standing committee, consisting 
 of not less than three members, whose duty it shall be to visit said schools, 
 arid each department thereof, as < i ten as twice every term, and to make re 
 port in writing t<> said board in regard thereto. 
 
 1"(). The said board of cducatiji n may permit children of person* not 
 resilient within said village, to attend said schools on sin h terms as they shall 
 presciibe; and said hoard may. in the name of said village, sue fcr and re- 
 cover <:f the father or mother, master or mistress, or other person under whose 
 charge such c;ti!d o 
 with costs of suit. 
 
341 
 
 101. The board of education shall be trustees of the district library or 
 libraries in said village. All the provisions of law which now are or 
 hereafter may be passed, relating to school district libraries, shall apply to 
 the said commissioners and board of education, so far as the same aiv appli 
 cable and can be applied, and are not incon -latent with this act, in the same- 
 manner as if they were trustees of a school district composed of the said vil 
 lage. They shall be vested with the discretion as to the disposition of libra 
 ry moneys, which is by law conferred upon the. inhabitants of school districts 
 and they may consolidate the said libraries, or dispose of parts thereof, as 
 deemed "best It shall be their duty to provide a library room or rooms, 
 and the necessary furniture therefor, appoint a librarian, make all purchases 
 of books, exchange or cause to be repaired all damaged books, and sell those 
 deemed useless or of an improper character, and apply the proceeds to the 
 purchase of others. 
 
 102. No trustee of said village or member of said board of education 
 shall be a contractor or be interested in any contract for building or making 
 any erections or repairs authorized by this act, or furnishing materials there 
 for. All contracts made in violation hereof shall be void, so far as any ben 
 efit may be realized therefrom by the offender, and such person shall forfeit 
 to said village fifty dollars, to be recovered by them before any court having 
 cognizance of the same, with costs. 
 
 1 03. The board of trustees of said village may pass such ordinances 
 and regulations as they may deem necessary, or as shall be reported by said 
 board of education, for the protection, safe keeping, care and maintenance of 
 the scho.l-house or other property connected with the schools or property 
 held or occupied or used for school purposes, and to impose penalties for the 
 violation thereof, subject to the restrictions contained in this act; and all 
 euch penalties shall be collected in the same manner as other penalties im 
 posed by said board, and when collected shall be paid to the treasurer, to the 
 credit of the school fund, and be subject to the order of the board of educa 
 tion. 
 
 1 04. Whenever the said board of education shall report to the trustees 
 that it is advisable to sell any of the school property as aforesaid, the said 
 trustees shall sell the same as soon as may be, and upon such terms as said 
 trustees shall deem best. The proceeds of all such sales shall be paid to the 
 treasurer, to the credit of the school fund. 
 
 105. The title of the school house and other school property aforesaid, 
 shall be vested in the trustees of the village of Salem ; and the same, while 
 used or kept for use for school purposes, shall not be levied on or sold by vir 
 tue of any process, or be subject to taxation for any purpose ; nor shall the 
 same be me timbered or in any way disposed of, except as authorized by this 
 act. The said village, in its corporate capacity, may take, hold or dispose of 
 any real or personal estate, transferred to it by gift, grant or devise, for the 
 use or benefit of said schools, or any of them, and whether the same shall be 
 transferred, given, granted or devised in terms to said village by its proper 
 style, or by any other designation, or to any other designation, or to any per 
 son or persons, or body, or otherwise, for the use or benefit of said schools or 
 either of them. 
 
 106. The town superintendent of comramon schools of the town of Sa 
 lem, in making the apportionment of school or library moneys among the 
 several districts in said town, shall allot to said village such sum as shall be 
 its proportion of such moneys, considering such village as a regular school 
 district of said town, and the report of the board of education as the report 
 of its trustees. Such superintendent shall allot to said village, in the appor 
 tionment to be made 0:1 the first Tuesday of April. 1851, such sum as school 
 districts number eleven and twelve in said town would be entitled to, had 
 said village not been consolidated into one district. All sums allotted as 
 aforesaid shall be paid by said superintendent to the treasurer of sa : d vil- 
 
342 
 
 lage. to the credit of the school fund aforesaid, at the Fame time and in the 
 same manner as to trustees of school districts in said town. 
 
 107. Said board of education shall between the first and fifteenth of 
 January in each year, make and transmit a report in writing to the town 
 superintendent of common schools of the town of Salem, bearing date on 
 the first day of January in such year, and containing a statement of the name 
 and age of each child residing in the said village, on the last day of Decem 
 ber previous to the date of said report, over the age of five, and under that 
 of sixteen years of age, except Indian children otherwise provided for by 
 law; ami the names of the parents or other persons with whom such chil 
 dren shall respectively reside, and the number of children residing with each. 
 Such report shall be the only report required to be made in order to entitle 
 such allotment as required in the last section. Said schools in said village, 
 and said board of education, shall not in any other respect Vie bound to report 
 to said superintendent ; nor shall such schools, or the teachers thereof, be in 
 anywise under his control or supervision. 
 
 1()8. In case said board of education shall contract with the trustees of 
 the Washington academy as authorized in this act, they are further empow 
 ered to lease from said trustees the academy building and grounds adjacent, 
 or contract for the joint or several occupation of ihe same, or so much there 
 of, or such privileges therein, or appertaining thereto, on such conditions, and 
 for such time not exceeding two years, as they shall deem advisable. And 
 they may pay in advance to such trustees such gross sum for the rent there 
 of, for such term as being calculated with a proper rebate for the advance 
 payment shall be deemed by said board, no more than a fair equivalent for 
 the- use and occupation thereof for the purposes required under this act. 
 And such sum as shall be necessary for the purposes aforesaid, not exceeding 
 one thousand dollars, may be loaned by the comptroller to said village out of 
 any moneys belonging to the common school fund, on receiving from the board 
 of trustees of said village, the bond of said village therefor, payable in five 
 equal payments with annual interest. The moneys received thereon shall be 
 paid to the treasurer to the credit of the school fund, and shall be drawn out 
 in the same manner as other moneys in that fund ; provided, however, that 
 no such contract shall be made, nor any loan obtained by said board of educa 
 tion, without the previous assent of the board of trustees of said village. In 
 case said loan shall be made, said trustees shall annually raise during each 
 of said five years, by tax in the same manner, and at the same time as other 
 village taxes are raised, such sum as over and above the expenses of collec 
 tion, Avill pay the several instalments, so to grow due on such loan, with the 
 interest. 
 
 109. Any contract, lease or agreement made or executed by said board 
 of education, with the trustees of the Washington academy under the pro 
 visions of this act, may be vacated, modified or renewed by the parties afore 
 said, by and with the assent of the board of trustees of said village ; provi 
 ded no renewal thereof shall be made for a term exceeding ten years at any 
 one time. 
 
 110. All the property, real and personal, belonging to the districts, 
 number eleven and twelve, shall be and is hereby transferred to and vested 
 in the trustees of the village of Salem for school purposes ; and they are 
 authorized to take the same into their possession, and hold, use and occupy 
 the same, and exercise the same powers in regard thereto, as if they had 
 purchased the same for school purposes under this act ; and the present trus 
 tees and officers of said districts are hereby required to deliver possession 
 thereof, and of all books, papers and vouchers connected therewith to said 
 board, and said board may sue for and recover the same with costs of suit 
 of any person having the same or hy part thereof. 
 
 1 i 1. All debts and legal liabilities of said school districts number eleven 
 and twelve, shall be audited, paid, satisfied and discharged by said board of 
 education out of the school fund. 
 
343 
 
 112. Each and every of the schools established or maintained under 
 this act, shall be free to the children of all residents of said village ; provi 
 ded however, that said board of education may cause the tuition fee to be 
 charged and collected of the father or mother, master or mistress, or other 
 person (in whose charge* such pupil may bo) residing in said village, of any 
 pupil over sixteen years of age, or who shall pursue studies which said board 
 shall deem should not be tuition free. For the purpose of collecting such 
 fees, such board shall by general rules provide for the keeping of proper reg 
 isters, in which shall be entered the name of every such pupil, and his father 
 or mother, master or mistress, or other person in whose charge such pupil may 
 be. the length of time such pupil shall attend such school, and the tuition 
 fee chargeable therefor. Immediately previous to the issuing of the warrant 
 for the collection of the annual village tax, said board of education shall 
 cause to be presented to the board of trustees, an abstract from such registers 
 containing a statement of names of every such father or mother, master or 
 mistress, or other person residing in such village, from whom any sum or 
 amount was due for such tuition fees, at the close of the term previous to 
 the presentation of such lists. The annual tax list shall contain a coin am 
 headed "tuition fees," in which shall l>> entered opposite the name of such 
 person the amount so returned as afore aid, which sum shall be included in 
 the aggregate column to be collected under such warrant; and the same pro 
 ceedings shall be had for the collection thereof as for other village taxes; 
 and when collected the same shall be paid to the treasurer, to the credit of 
 the school fund ; but such return so made shall not include the name of any 
 person who shall, iu the opinion of the board, be in indigent circumstances ; 
 any person specified in such return may at any time before the collection of 
 said tuition fee, apply to said board of education for a remission of the same; 
 and if said board shall deem proper, they may by resolution duly passed 
 remit the same in whole or in part, and the clerk shall certify such remission 
 to the collector, and no further proceedings shall be had for the collection of 
 the sum so remitted. 
 
 113. Nothing in thig act contained shall prevent the trustees of the 
 Washington academy from receiving from the regents of the university imy 
 sum or allowance, for pupils pursuing classical studies therein, or for organ 
 izing and maintaining a teachers department therein. And any pupil in any 
 of the departments organized in said academy under the provisions of this 
 act, pursuing such classical studies as are required by the regents aforesaid, 
 in order to be entitled to an allowance, and being of sufficient age, sh;dl be 
 included in the returns of said trustees to said regents, and they shall be 
 entitled to the same allowance for such pupil or pupils as for other classical 
 pupils heretofore. 
 
 SCHENECTADY. 
 
 [Laws of 1829, Chap. 324.] 
 
 1. The amount of monies allowed to the city of Scheneetady, by the 
 superintendent of common schools, shall be apportioned by the treasurer of 
 the county of Sehenectady, between the Scheneetady Lancaster school socie 
 ty, and such common school districts and parts of districts as now are or here 
 after may be organized without the bounds of the compact part of city of 
 Schenectady, called the police ; and in a ratio proportioned to the number 
 of children over the age of five and under sixteen [21] years within such com 
 pact part, and the number of such children in such districts and parts of dis 
 tricts respectively, without such compact part 
 
 2. The treasurer of the county of >chenectady shall pay the amount 
 thus apportioned to the Scheneetady Lancaster school society, to its treasur 
 er, for the use of said society, and the amount thus apportioned to such 
 school districts and parts of districts, to the commissioners of common 
 ohools for the several wards of the city of Scheneetady. 
 
344 
 
 3. The commissioners of common schools for the several wards of the- 
 aid city, shall distribute and pay to the trustees <>f such school district** and 
 parts of districts, the amount so received by them from the county treasurer, 
 iu proportion to the number of children residing- in each, over the age of five 
 and under that of sixteen [twenty-one.] years, as the same shall have ap 
 peared from the last annual report of their respective trustees. 
 
 4. The assessors of the several wards of the city of Schenectady, shall 
 tvery year in their respective wards, take a census of the children between 
 the ages of rive and sixteen [twenty-one,] years, residing within the compact 
 part of said city, and shall between the first day of May and the first day 
 of October, in each year, make and transmit a report of the same to the 
 leik of the county of Schenectady. 
 
 5. The reports required by law to be made by the trustees of the com 
 mon school districts and parts of districts, without the bounds of the compact 
 part of the city of Schenectady, to the commissioners of common schools, 
 for the several wards of the said city, shall be verified by the affidavit of 
 the said trustees. 
 
 6. The monies received by the treasurer of the county of Schenectady, 
 from taxes collected in said city, under the laws relative to common schools, 
 
 *m be apportioned by him between such common school districts and parts 
 of districts, without the bounds of the compact part of said city, and the 
 Bchenectady Lancaster school society, in the ratio proportioned to the- 
 amount of the assessments of the real and personal estates of the taxable 
 inhabitants residing in such districts and parts of districts, and the assess 
 ments of all real estate situate therein and owned by persons residing out of 
 ueh districts and parts of districts, and the amounts of the assessments of 
 the real and personal estates of all the taxable inhabitants of the city, after 
 deducting thereout the aggregate of the assessments last mentioned. 
 
 7. The treasurer of the county of Schenectady shall pay the amount 
 apportioned by virtue of the last preceding sections to the Scheiiectady Lan 
 caster school society, to its treasurer, for the use of said society, and the 
 amount apportioned under said sections to such school districts and parts of 
 districts, to the commissioners of common schools for the several wards of 
 a ;l city, which amount so paid to the said commissioners shall be dntrib- 
 ut id and paid by them in the manner provided in the third section of thi 
 act. 
 
 8. To enable the treasurer of said county to make the apportionment 
 required by the sixth section of this act, the assessors of the several 
 wards of the city of Schenectady shall annually, within the time limited in 
 the fourth section of this act, for taking the census therein mentioned, make 
 out and deliver to the treasurer of said county, an abstract from the assess 
 ment rolls of their respective wards, containing the names and the amounts 
 of the assessments of the real and personal estates of each of the taxable 
 inhabitants residing in the said school districts or parts of districts, together 
 with the amount of the assessments of all real estate situate therein, and 
 owned by persons residing out of such districts or parts of districts. 
 
 151. [Rev. St. Chap. 15, Art. 7, Title 2, Part I.] The commissioners of 
 schools of the city, shall divide that portion of the territory of the first and 
 second wards of the city, not comprised within the bounds of the police, into 
 auch number of school districts as they may deem convenient, and may al 
 ter and regulate such districts according to the provisions of this title, and 
 the provision* of this title shall apply to all districts so established. 
 
 152. [Ditto.] It shall be the duty of the trustees of the Lancaster 
 chool society to make an annual report to the superintendent of common 
 schools, in such form as shall be prescribed by him, of the state and condi 
 tion of the schools lor whose benefit the school moneys shall have been ape- 
 plied. 
 
345 
 
 [Lam of 1839. Chap. 222.] 
 
 14. It shall be lawful for the trustees of the Lancaster school society 
 in flu-, city of Scheuecsady, to cause to be t-uight in any school or schools eft- 
 tab: i -lied by them or placed under their charge by the mayor, recorder and 
 aldermen of said city, within the bounds of the police of said city, all such 
 branches of education as may by law be taught in any common school in this 
 st^re; an 1 that for teaching any such branches of education, it shall be law 
 ful fur said trustees to adopt such mode of instruction as shall seem to them 
 best adapted to attain the end of rendering the benefits resulting from the 
 school fund more extensively useful and beneficial to the inhabitants of said 
 city. 
 
 . 5. It shall be lawful for the common council of the city of Schenec- 
 tady to expend, annually, any sum not excee ling five hundred dollars for the 
 purposes of common schools and education generally throughout the city; 
 and the said common council, for such purposes, may annually cause to be 
 raised, by tax, any sum not exceeding live hundred dollars, in the same man 
 ner as the taxes for repairing highways and supporting the poor are raised in 
 an I by the twenty seventh !-eetiou of the act mtititled, " An Act relative to 
 the city of Seheuectady," passed April 2yth, 1833. 
 
 SENECA. 
 
 [Laws 0/1844. Chap, 115.] 
 
 1. It shall be lawful for the trustee* of school district number one, in 
 the town of Seneca, in the county of Ontario, at the next annual meeting o f 
 the district after the pa-wage of this act, to submit for the consideration of 
 such meeting, a proposition, graduating the rates of tuition to be paid by 
 scliol .r.-i attending the different departments into which such school is now 
 divided ; if the same is approved, or shall be so amended as to be approved 
 by a majority of those present qualified to vote in such meetings, such rates 
 may be charged and collected, but they shall not be raised during the year 
 next following their adoption 
 
 2. At any annual meeting of the district after such rates of tuition have 
 been adopted, the same may be raised, reduced or entirely abolished, by a 
 majority of such meeting. 
 
 SYRACUSE. 
 
 [Laws of 1848. Chap. 238.] 
 AN ACT in relation to public schools in the city of Syracuse. 
 
 Passed April 11, 1848, "three-fifths being present." 
 
 The People of the State of New- York t represented in Senate and Assembly, 
 do enact as follows : 
 
 1 There shall be appointed by the mayor and common council of the 
 citv of Syracuse, on the ihird Tuesday of Ap~rtl, eighteen hundred and forty 
 eight, from each ward in said city, two commissioners of common schools for 
 the said city, who shall be residents of the ward for which they are appoint 
 ed. The persons so appointed shall, within ten d iys after their appointment 
 take the oath of office prescribed by the constitution of this state, and file the 
 same with the city clerk. 
 
 2. Within ten days after their appointment, as in the last section men 
 tioned, said commissioners shall meet at Market Hall in said city, and cause 
 
346 
 
 the said commissioners so chosen to be divided into two classes, to be denom 
 inated " first" and " second" classes. The term of office of the first class shall 
 expire at the end of one year from the second Tuesday of March, eighteen 
 hundred and forty-eight ; of the second class at the end of two years from 
 the said second Tuesday of Marc ] % eighteen hundred and forty eight. 
 
 3. There shall, in like manner, in each year thereafter, be elected one 
 commissioner of schools for each ward of said city, to supply the places of 
 those wliose term of office is about to expire; they shall hold their offices 
 for two years, and until (heir successors are elected, and have taken the oath 
 of office. The term of office of all commissioners elected pursuant to the 
 provisions of this act, shall commence on the first Tuesday after their elec 
 tion. Said election shall take place at the time of the general charter elec 
 tion of said city in each and every year thereafter, and shall be subject to 
 all the provisions in regard to said election, so far as the same may be appli 
 cable, as are contained in the charter of said city, passed on the 14th Decem 
 ber, 1847 
 
 4. The common council of said city may make appointments of com 
 missioners of common schools to fill vacancies which may occur from any 
 cause other than the expiration of the term of office of those elected. The 
 commissioners so appointed shall hold their office for the unexpired term of 
 those to supply whose places they were appointed 
 
 5. Any commissioner of common schools in said city may be removed 
 from office for official misconduct by the common council thereof, by a vote 
 of two thirds of the members thereof, but said commissioner shall be allow 
 ed an opportunity to refute any such charge of misconduct, before remo 
 val. 
 
 6. The commissioners of common schools in said city shall constitute a 
 board, to be styled the " Board of Education of the city of Syracuse," which 
 shall be a corporate body in relation to all the powers and duties conferred 
 upon them by virtue of this act. A majority of the board shall form a quorum. 
 At their first meeting after an election, they shall elect one of their number 
 President, and whenever he shall be absent a president pro tempore may be 
 appointed, but such president shall only have a casting vote. They shall also 
 appoint a clerk and fix his compensation, and who shall hold his office during 
 the pleasure of the board. The said commissioners shall receive no compen 
 sation for their services. They shall have the care of the gospel and school 
 lands and securities taken therefor in- said city. 
 
 7. The clerk of said board shall keep a record of the proceedings there 
 of, and perform such other duties as the board may prescribe ; which record, 
 or a transcript thereof, certified by the president and clerk, shall be received 
 in all courtfi as prima facie evidence of the facts therein set forth ; and such 
 records, and all the books and accounts of the said board, shall, at all times, 
 be subject to the inspection of the common council and of any committee 
 thereof. 
 
 8. The common council of the said city shall have the power and it 
 shall be their duty, to raise, from time to time, by tax upon the real and per 
 sonal estate in said city which shall be liable to taxation for the ordinary city 
 taxes, or for city or county charges, in addition to the amount of school mon 
 ies now or hereafter appropriated or provided by law for common schools in 
 said city, such sums as may be determined and certified by the said board 
 of education to be necessary or proper for any or all of the following pur 
 poses : 
 
 1. To purchase, lease or improve sites for school-houses. 
 
 2. To build, purchase, lease, enlarge, alter, improve and repair school- 
 houses, and their out-houses and appurtenances. 
 
 3. To purchase, exchange, improve and repair school apparatus, books, 
 furniture and appendages, but the power herein granted shall not be deemed 
 to the furnishing of class or text books for any scholar whose parent or guar 
 dian shall be able to furnish the same. 
 
 4. To procure fuel and defray the contingent expenses of the common 
 eliools , and the expenses of the district library of said city. 
 
347 
 
 5. To pay the wages of teachefs due after the application <>f the pub 
 lic moneys, which may, by law, be appropriated and provided for that pur 
 pose : Pr vided, nevertheless, that such tax shall not be laid often er than 
 once in each year : 
 
 6 Nor shall the amount to be raised for teachers wages and contingent 
 expense s in any one year lie less than twice nor more than six times the 
 amount f public money received during the previous year. Nor shall the 
 amount to be raised in any one year for buying sites and erecting and* repair 
 ing s hool-houses and the appurtenances, exceed one thousand five hundred 
 dollars. 
 
 9. The common council shall cause the amount of the tax at any time 
 ordered to be raised in pursuance of this act, to be added to the amount 
 which they are otherwise authorised by law to raise by tax in said city, and 
 thev shall cause the same, with the collector s fee thereon, to be assessed, lev 
 ied and collected at the same time and by the same warrant, and in the same 
 manner with the taxes raised for city expenses, under and by virtue of the 
 act of incorporation of said city. 
 
 >5 10. All moneys to be raised pursuant to the provisions of this act, and 
 all school moneys by law appropriated to or provided for said city, shall be 
 paid to the treasurer of said city, who, together with the sureties upon his 
 official bond, shall be accountable therefor in the same manner as for other 
 moneys of the said city ; the said treasurer shall also be liable to th> same 
 penalties for any official misconduct in relation to the said moneys as for any 
 similar misconduct in relation toother moneys of the city. 
 
 11. After the passage of this act the" treasurer of the said city shall 
 not pay out any moneys in his hands received by the said city, either as 
 school moneys or collected or received by virtue of any of the provisions of 
 this act, excepting upon an order drawn upon him and signed by the presi 
 dent and clerk of said board of education, and no such order shall be drawn 
 except by virtue of a resolution of the said board. 
 
 1 2. The said board may cause a suit or suits to le prosecuted in the 
 name of the city of Syracuse, upon the official bond of the treasurer or of 
 any collector of said city for any default, delinquency or official mi-conduct 
 in relation to the collection, safe keeping or payment of any moneys in this 
 act mentioned. 
 
 13. The said board shall have power and it shall be their duty, 
 
 1. To establish and organize such and so many schools in said city, (in 
 cluding the common schools now existing therein) as they shall deem requi 
 site and expedient, and to alter and discontinue the same. 
 
 2 To purchase or hire school houses and rooms, and lots or sites for 
 school houses, and to fence and improve them as they deem proper. 
 
 3. Upon such lots, and upon any sites now owned by said city, to build, 
 enlarge, alter, improve and repair school houses, out houses and appurtenan 
 ces as they may deem advisable. 
 
 4. To purchase, exchange, improve and repair school appai atus, books for 
 indigent pupils, furniture and appendages, and to provide fuel for the schools 
 and defray their contingent expenses, and the expenses of the district li 
 brary. 
 
 5. To have the custody and safe keeping of the school houses, out houses, 
 books furniture and appendages, and to see that the ordinances of the com 
 mon council in relation thereto be observed. 
 
 6. To contract with, license and employ all teachers in the common school 
 and high school, and at their pleasure to remove them. 
 
 7. To pay the wages of such teachers out of the school moneys Avhich 
 shall be appropriated and provided in the said city, so far as the same shall 
 be sufficient, and the residue thereof from the money authorised to be raised 
 for that purpose by section eight of this act, by tax upon said city. 
 
 8. To defray the necessary contingent expenses of the board, including 
 an annual salary to the clerk, provided that the account of such expenses 
 shall first be audited and allowed by the common council. 
 
348 
 
 9 i <> have, in all respect-*, the superintendence, supervision nnd manage 
 ment <>f the common schools in said city, and from time to time to adopt, al 
 ter, modify and repeal, as they may deem expedient, rules and regulations 
 for their organization, government and instruct! >n, for the reception of pupils 
 and their transfer from one school to another, and generally for the promotion 
 cf their good order, prosperity and public ulility. 
 
 10. Whenever, in the opinion of the b.u-d, it may be advisable to sell 
 any of 11 L^ school h-mses, lots or sites, or any of the school property now 
 or hereafter belonging to the city, to report the same to the common coun 
 cil. 
 
 1 . To prepare and report to the common council such ordinances and 
 regulations as may be necessary or proper f.r the protection, safe keeping, 
 care and preservation of school houses, lots and sites, and appurtenances, and 
 all the property belonging to the city connected with or appertaining to the 
 schools, an I to suggest proper penalties for the violation of such ordinances 
 and regulations ; and annually to determine nnd certify to said common 
 council the sums in their opinion necessary or proper to be raised under the 
 eighth section of this act, specifying the sums required for each of the purpo 
 ses therein menti Tied, arid the reasons therefor. 
 
 12 To provide for the payment to any adjoining school district the proper 
 amount to which it may be entitled on account of such district, in whole 
 or in part, having been connected with territory now included in the said 
 city. 
 
 13. Between the first day of July and the first day of August in each 
 year, to make and transmit to the county clerk a report in writing, bearing 
 date the tirst day of July in the year of its transmission, and stating, 
 
 1 . An account and description of all the common schools kept in said 
 city during the preceding year, and the time they have been severally 
 taught. 
 
 2. The number of children taught in said schools, respectively, the number 
 of children over the age of five and under the age of sixteen, [21] residing 
 in said city on the first day of January of that year. 
 
 3. The whole amount of school moneys received by the treasurer of said 
 city during the year preceding, distinguishing the amount received from the 
 county treasurer, from the city collector, and from any other source 
 
 4. The manner in which such moneys had been expended, and whether 
 any and what part remains uuexpeqded and for what cause. 
 
 5. The amount of money received for tuition fees from foreign pupils dur 
 ing the year, and the amount paid for teachers wages, in addition to the pub 
 lic monevs, with such other information as relates to the common schools of 
 said city. 
 
 !4 Every school commissioner shall visit all the public schools at least 
 fourtime< each year during his official term; and the board of education 
 shall provide that each of said schools shall be visited by a committe of 
 three or more of their number at least once every term. 
 
 15. The said board of education hall have power to allow the children 
 of persons not resident within the city to attend any of the schools of said 
 city under the care and control of said board, upon such terms as said board 
 shall, by resolution, prescribe, fixing the tuition which shall be paid there 
 for. 
 
 16. Any collector of the said city, and his sureties, shall be liable on 
 his official bond for any default, delinquency, neglect or mi-conduct in the 
 duties with which he may be charged under or by virtue of this act, in the 
 same manner and with the like effect as for any other official default, delin 
 quency, neglect or misconduct; and such collector shall be liable to the same 
 penalties for any such official as for any similar misconduct in relation to any 
 other duties of his office. 
 
 17. It shall be the duty of the said board in all their expenditures and 
 contracts, to have reference to the amount of moneys which shall be subject 
 to their order during the then current year, for the particular expendituiu in 
 question, and not to exceed such amount. 
 
349 
 
 18. The said board of commissioners shall be trustees of the distiiet li- 
 brarv <;r libraries in said city, and all tl.e pro\ isi< MS c f l;i\v which m AY are or 
 may hereafter be pa->ed relating to district school libra; -ie-s shall apply to the 
 said commissioners in the same manner as if they were trustees of a cchool 
 district compiehending said city ; they shall also be ve.-ted with .he di cre- 
 tion as to the di.-position of the moneys appropriated by any law of ihi> state 
 for the purchase of libraries, which is therein conferred upon the inhabitants 
 of school districts. It shall be their duty to provide a library room or rooms 
 ai;d the necessary furniture therefor, and appoint a librarian or librarians, to 
 make all purchases of books tor the said library or hbiailes, and liom time to 
 time to exchange or cause to be repaired the damaged books belonging (here 
 to , they may also sell any books which they ma\ deem useless or of ;m improp 
 er character, and apply the proceeds to the purchase of other books for the said 
 library or libraries, 
 
 19. It shall be the duty of the said board, at least fifteen days before 
 the annual election for commissioners in each year, to prepare ami leport to 
 the common council true and collect statements of the receipts and di-burse- 
 rnents of moneys under and in pursuance of the provisions of this act during 
 the preceding year ; in which account shall be stated under appropiiate 
 Leads : 
 
 1. The moneys received by the common council under the eighth section of 
 tliis act : 
 
 2. i he school moneys received bv the treasurer of the city from the coun 
 ty treasurer, and the collector of taxes for city and county charges in said 
 city . 
 
 >. The moneys received by direct tax : 
 
 4. All other moneys received by the treasurer, subject to the order of the 
 board specifying the .-ources : 
 
 5. The manner in which such sums of money shall have been expended , 
 specifying the amount paid under each head of expenditure : 
 
 And she common council i-hall, ten days before such election, cause the 
 fiame to be published in at least two oi the newspapers publi.-bed in said 
 city. 
 
 ^ 2 >. The said board shall be subject, from time to time, to the rules and 
 regulations made by the state superintendent of common schools, so far as the 
 same may be applicable to them, and not. inconsistent with the provi.-ions of 
 this act. 
 
 2 !. The common council of said city shall have the power, and it shall be 
 tliAr duty, to pass such ordinances and regulations as the said board of edu 
 cation may report as neces.-ary and proper for the protection, safe-keeping, 
 caieatul preservation of the school house-, lots, si;es and appurtenance-, and 
 nil necessary property belonging to or connected \\iththe schools in said city ; 
 an 1 to impo.-c proper penalties f> r the violation theiet f. subject to the restric 
 tion-; and limitations contained in the act to incorporate the said city : and all 
 such penalties shall be collected in the same manner that the pen. sides lor i\ 
 violation of the city ordinances are by law collected, and when collected, .-hall 
 be paid to the treasury of ihc city, and l>e subject to the order of (h-- board. 
 of education, in the same manner as other moneys rai.-ed pursuant to the pro- 
 vi-i<ns of ibis act. 
 
 $ 22. Whenever the said board shall report to (he common council that ifr 
 is advi able to sell any of the school houses, lots or sites, or any of the school 
 property -now or hereafter belonging to the city, it : ha! I be the duty t.fthe 
 Common council to sell the fame without unreasonable delay and upon such 
 terms as the sai I cc,mm<>n council mav deem advisable. The proceeds of all such 
 sales i-hall be paid to the treasurer of the city, and >hall be subject to the or 
 der of (lie said b:>ard, to be expended b\ them in the purcha e. leading, re- 
 pair-sor improvements of o,he,r >ehool houses, lots, school furnit me, apparatus 
 or appurtenances. 
 
 2 i. The titleof the school houses, sire-, loX furniture, books, apparatus 
 and appur teuances, and all ether schojl propeity in this act nieuiioueJ, shall 
 
350 
 
 be vested in the city of Syracuse ; and the same while used for or appropriated 
 for school purposes, shall not be levied upon or sold by virtue of any warrant 
 or execution, nor be subject to. taxation for any purpose whatever ; and the 
 said city, in its corporate capacity, shall be able to take, hold, and dispose of 
 anv real or personal estate transferred to it by gift, grunt, bequest or devise, 
 for the use of the common schools of the said city, whether the same shall be 
 transferred in terms to said city, by its proper style, or by any other desig 
 nation, or to. any other designation, or to any person or persons or body, for 
 the use of said schools. 
 
 24. All moneys required to be raised by virtue of this act, shall, on be 
 ing raised as herein provided, be deposited for the safe heeping thereof, with 
 the treasurer of said city, to the credit of the said board of education, and shall 
 be drawn out in pursuance of a resolution or resolutions of said board, by, 
 drafts drawn by the president and countersigned by the clerk of said board, 
 payable to the order of the person or persons entitled to receive such moneys ; 
 and said treasurer shall keep the funds authorized by this act to be received 
 by him, separate and distinct from any other fund which he is or may by law 
 be authorized to receive. 
 
 25. It shall be the duty of the said commissioners to ascertain and re 
 port to the common council of said city the amount of any and all indebted 
 ness of each of the school districts within said city, and to whom due, and 
 when and how payable ; and the common council shall have the power, and it 
 shall be their duty, in each year that any such indebtedness shall become due, 
 or any portion thereof, to cause the amount so becoming due from any of said 
 districts, to be assessed upon and collected from the taxable property within 
 such districts, in the same manner as the taxes for contingent expenses are 
 assessed and collected, for the use of the board of education, for the payment 
 of such indebtedness. 
 
 26. It shall be the duty of said commissioners, and they shall have pow 
 er to procure a site within school district number sixteen (16) in the city of 
 Syracuse, and cause to be erected thereon a suitable and proper school house, 
 and cause a statement of the cost of such site and building to be laid before the 
 common council of said city, who shall have power, and it shall be their duty 
 to cause the sum of one thousand five hundred dollars to be assessed upon and 
 collected from the taxable property within said district, in the same manner 
 that the contingent expenses of said city are assessed and collected ; and in 
 case the said expenditure shall exceed the sum of fifteen hundred dollar?, 
 the said excess shall be collected from the city at large, for the use of the said 
 commissioners for the purposes in this section specified. 
 
 27. It shall be the duty of the clerk of said city immediately after the 
 election of any person as a commissioner of common schools, to personally no 
 tify him of his election, and if any such person shall not within ten days after 
 receiving such personal notice of his election, take and subscribe the constitn- 
 al oath and file the same with the clerk of the said city, the common council 
 may consider it a refusal to serve, and proceed to supply the vacancv occasion 
 ed by such refusal ; and the person so refusing to serve shall forfeit and pay 
 to the city treasurer, for the benefit of the tuition fund, a penalty of ten 
 dollars. 
 
 28. The present school officers of the school districts in the territory- 
 embraced in this act, shall continue in office until the unfinished business of 
 said districts shall have been finally closed up and settled, with all the pow 
 ers and duties now by law imposed upon them, for the purpose of closing up 
 
 such unfinished business. 
 
 
 
351 
 
 TROY. 
 
 [Laws of 1849. Chap. 198, as amended by Chap. 47, laws of 1851.] 
 
 AN ACT to amend the charter of the city of Troy, and to provide for the 
 establishment of free schools in said city. 
 
 Passed April 4, 1849, " three-fifths beiiig present." 
 
 1. The several wards of the city of Troy shall constitute one school 
 district, and the schools therein shall be free to all children, between the 
 ages of five and sixteen [21] years, residing in such wards. 
 
 2. There shall be erected in each of the said wards as hereinafter 
 provided, one or more school houses of size and form sufficient to accomkno- 
 date all the children between the aforesaid ages, residing in such wards. 
 The purchase of sites for school houses shall be agreed upon in joint commit 
 tee of three from each ward, hereinafter mentioned ; and in case of disagree 
 ment the decision shall rest with the common council. 
 
 3. The title of the school houses, sites, lots, furniture, books apparatus 
 and appurtenances, and all other school property, in this act mentioned, shall 
 be vested in the city of Troy, and the same while used or appropriated for 
 school purposes, shall not be levied upon, or sold by virtue of any warrant 
 or execution, nor be subject to taxation, for any purpose whatever, and the 
 said city in its corporate capacity, shall be able to take, hold, and dispose of 
 any real or personal estate, transferred to it by gift, grant, bequest or devise, 
 for the use of the common schools of the said city, whether the same shall 
 be transferred in terms to said city by its proper style, or by any other desig 
 nation, or to any person or persons, or body, for the use of said schools. 
 
 4. The common council of said city, may, upon the recommendation of 
 the board of education hereinafter mentioned, sell any of the school houses, 
 lots, or sites, or any other school property, now or hereafter, belonging to said 
 city, upon such terms as the said common council may deem reasonable. The 
 proceeds of all such sales shall be paid to the chamberlain of the city, and 
 shall be by the said board of education again expended in the construction, 
 repairs, or improvements of other school houses, lots, sites or school furniture, 
 apparatus or appurtenances. 
 
 5. There shall be elected at the annual charter election of said city, to 
 be held on the first Tuesday of March, 1850, in the same manner as other 
 ward officers are elected, from each of the 1st, 2d, 3d, 4th and 7th wards in 
 said city, two persons, and from each of the 5th, 6th, and 8th wards thereof, 
 one person, to be commissioners of common schools for said city. The per 
 sons so elected shall be residents of the ward for which they shall be elected, 
 and shall within ten days after receiving notice of their election, take the oath 
 of office prescribed by the constitution of this state, and file the same with 
 the city clerk. 
 
 6. Within ten days after their election, as in the last section mention 
 ed, said commissioners so elected from those wards in which more than one 
 commissioner is elected, shall meet in the office of the clerk of said city, and 
 shall determine by lot which of the two persons so elected for each ward shall 
 serve for the term ending on the second Tuesday of March, 1851, and which 
 for the term ending on the second Tuesday of March, 1852. 
 
 7. In each year, thereafter, there shall be elected in said city, at the an 
 nual charter election in the same manner, and under the same regulations, as 
 other ward officers are elected, one commissioner of common schools for each 
 ward, to supply the places of those whose terms are about to expire. The 
 term of office of all commissioners elected pursuant to this act, shall commence 
 on the Tuesday next after their election, and shall continue two years, except 
 of those commissioners elected from the 4th, 6th and 8th wards, whose term 
 of office will continue but one year. 
 
352 
 
 8. The common council of said city make mav make appointment of 
 commissioner of common schools to till vac-mei. s which may occur from any 
 cause other than the expiration of the term of ofhYe of those elected, and ihe 
 removal from (lie ward for which he was appointed or elected shall be deem 
 ed a re- ignat on of his office by ;my commissioner. The commissioners so ap- 
 pointed -hall hold (heir offices till the Tuesday succeeding the next ;iimual 
 election, and at each annual c cction there shall be elected a commissioner to 
 supply the place of any person so appointed, anil the person thus elected shall 
 serve out the unexpired term. 
 
 9. Any commissioner of common schools in said city, may be removed 
 from office for official misconduct by the common council of said city, by a 
 rote of two thirds of the members thereof; but a written copv of the char 
 ges against said commissioner, s-hall be served upon him. and he shall be al 
 lowed an opportunity to refute any such charge of misconduct before removal 
 
 ; (). The commissioners of common schools in said city, shall constitute a 
 board, to be styled the * Board of Education of the city of Troy," which 
 shall be a corporate body in relation to all the powers and duties conferred 
 upon them by virtue of this ;tct. A majority of the board shall form a quo 
 rum. The Hrst meeting of the board shall be on the second \Vednesda\ next 
 after their election, and the annual meeting of the board, theieafter, shall be 
 on the second Wednesday next after their election. At the tir.-t meeting of 
 *the beard, and annually thereafter, at the annual meeting, they shall elect 
 one of their number president of the board ; and whenever he shall be ab- 
 f=ent, a president pro tempore may be appointed. The said commissioners 
 shall receive no compen.-a.tion for their services. 
 
 i I. The said commissioners shall appoint a clerk who may be one of 
 their number, who shall hold his office during the pleasure of the board, and 
 vdiose compensation shall be fixed by them The said clerk shall keep a re 
 cord of the pros eedings of the board, and perform such oilier duties a* the 
 board may prescribe ; the said record or a transcript thereof, certified by the 
 president and clerk, shall be received in all courts as priina facie evidence of 
 facts therein set forth ; and such records and all the books, accounts, vouch 
 er?, and papers of said board shall at all times be subject to the inspection of 
 the common council, and of any committee thereof. 
 
 12. The common council of said city shall have the power, and it shall 
 be their 1 duty to raise from time to time by tax, to be levied equally upi.n all 
 the real and personal estate in said city, which shall be liable to tuxati n for 
 the ordinary city taxes, or for city or county charges, such sum or MUIIS of 
 raoncv, as may be necessary or proper, for any or all the following purpo-ea: 
 
 1. "To pui chase school houses, and also to purchase, lease or improve sites 
 therefor. 
 
 2. To enable the board of education to build, lease, enlarge, alter, improve 
 and repair school houses, and their out houses and appurtenances. 
 
 3. To purchase, exchange, improve and repair school apparatus, books, fur 
 niture and appendages ; but the power herein granted, shall not be deemed to 
 authorize the I urnishiny; with class or text books any scholar whose parents 
 or guardian shall be able to t urni;h the same. 
 
 4. To procure fuel and difrav the contingent expenses of the common 
 schools, and the expenses of the school libraries of said city. 
 
 5. To pay the wages of teachers due after the application of the public 
 monies, which may by law be appropriated and provided for that purpose: 
 Provided, nevertheless, that the tax to be levied, as aforesaid, and collected 
 by virtue f this act, shall be collected at the same time, and in the same man 
 ner as other city taxes. 
 
 fi. And she amount to be raised for teachers wages and contingent ex- 
 pon-cs in ;:ny < ne year. ?h:d! not be less than twice, nor more than four times 
 the :imv.n! apportioned to t-aid city, fn in the c< nimon xhool fund < i ihe state 
 during the pievior.s Venr. i,< T -hall the amount to be raided in one } cr.r, after 
 the 1st Tne.-djiy in Muvch, 18.. I, fur purchasing sites and erecting and repair- 
 
353 
 
 ing school houses exceed five thousand dollars. And the common council of 
 said city are authorized and directed when necessary, to raise by loan in an 
 ticipation of the taxes, the moneys so to be raised, collected and levied as 
 aforesaid. 
 
 13. All moneys to be raised pursuant to the provisions of this act, and 
 all school moneys by law appropriated to, or provided for said city, shall be 
 paid to the chamberlain thereof, who together with the sureties upon his of 
 ficial bond, shall be accountable therefor, in the same manner as for other mon 
 eys of said city ; the said chamberlain shall be liable to the same penalties 
 for any official" misconduct in relation to the said moneys, as for any similar 
 misconduct in relation to other moneys of said city. 
 
 14. The said board shall have power, and it shall be their duty, 
 
 1. To establish and organize, in the several wards of said city, such and 
 so many schools, (including the common schools now existing therein) as 
 they shall deem requisite and expedient, and to alter and discontinue the 
 flame. 
 
 2. To build, lease, or contract for the occupation and use of school houses 
 and rooms, and to improve the same as they may deem proper, 
 
 3. To alter, improve and repair school houses and appurtenances as they 
 may deem advisable. 
 
 4. To purchase, exchange, improve and repair school apparatus, books for 
 indigent pupils, furniture and appendages, and to defray their contingent ex 
 penses, and the expense of the school libraries. 
 
 5. To have the custody and safe keeping of the school houses, out houses, 
 books, furniture and appendages, and to see that the ordinances of the common 
 council in relation thereto be observed. 
 
 6. To contract with, license, and employ all teachers in said schools, and 
 at their pleasure to remove them. 
 
 7. To pay the wages of such teachers out of the moneys appropriated and 
 provided by law, for the support of schools in said city, so far as the same 
 shall be sufficient, and the residue thereof, from the money authorized to b 
 raised for that purpose by section twelve of this act, by tax upon said 
 city. 
 
 8. To defray the necessary contingent expenses of the board, including an 
 annual salary to the clerk, provided the account of such expenses shall first be 
 audited and allowed by the common council. 
 
 9. To have hi all respects the superintendence, supervision, and manage 
 ment of the common schools in said city, and from time to time to adopt, alter, 
 modify and repeal, as they may deem expedient, rules and regulations for 
 their organization, government and instruction, for the reception of pupils, and 
 their transfer from one school to another, and generally for the promotion of 
 their good order, prosperity and public utility. 
 
 10. Whenever, in the opinion of the board it may be advisable to sell any 
 of the school houses, lots, or sites, or any of the school property, now or here 
 after belonging to the city, to report the same to the common council. 
 
 11. To prepare and report to the common council, such ordinances and 
 regulations as may be necessary or proper for the protection, safe keeping, 
 care and preservation of school houses, lots and sites and appurtenances, and 
 all the property belonging to the city, connected with or appertaining to the 
 schools, and to suggest proper penalties for the violation of such ordinances 
 and regulations ; and annually, on or before the first day of February in each 
 year, to determine and certify to said common council, the sums in their opin 
 ion necessary or proper, to be raised under the twelfth section of this act, 
 specifying the sums required for the year commencing on the first of March 
 thereafter, for each of the purposes therein mentioned, and the reasons 
 therefor. 
 
 12. Between the first day of July, and the first day of August, in each 
 year, to make and transmit to the county clerk, or such other officer as may 
 be designated by law. a report in writing bearing date the first day of July 
 tn the year of its transmission, and stating, 
 
 23 
 
354 
 
 1. The number of school houses in said city, and an account and descrip-* 
 tion of all the common schools kept in said city during the preceding year ? 
 and the time they have severally been taught. 
 
 2. The number of children taught in said schools respectively, and the 
 number of children over the age of five years, and under the age of sixteen 
 [21] years, residing in said city, on the first day of January, of that year. 
 
 3. The whole amount of school moneys received by the chamberlain of said 
 city during the year preceding, distinguishing the amount received from the 
 county treasurer, from the city tax, and from any other source. 
 
 4. "The manner in which such moneys had been expended, and whether 
 any and what part remains unexpended, and for what cause. 
 
 5. The amount of money received for tuition fees from foreign pupils du 
 ring the year, and the amount paid for teachers wages in addition to the pub 
 lic monies, with such other information relating to the common schools of 
 said city, as may from time to time be required by the" state superintendent 
 of common schools. 
 
 1 5. It shall be the duty of each commissioner to visit the schools in his 
 ward twice in each year ; and the board of education shall p-ovide that each 
 of the schools in the city shall be visited by a committee of three, or more of 
 their number, or by their clerk, at least once in each term. 
 
 16. The said board of education shall have power to allow the children 
 of persons not resident within the city to attend any of the schools of said 
 city under the care and control of said board, upon such terms as said board 
 shall by resolution prescribe, fixing the tuition which shall be paid there 
 for. 
 
 IT. It shall be the duty of said board, in all their expenditures and 
 contracts, to have reference to the amount of moneys which shall be subject 
 to their order, during the then current year, for the particular expenditure in 
 question, and not to exceed that amount. 
 
 18. The said board of commissioners shall be trustees of the school li 
 brary or libraries in said city, and all the provisions of law which now are or 
 hereafter may be passed relative to district school libraries, shall apply to the 
 said commissioners ; they shall also be vested with the same discretion as to 
 the disposition of the moneys appropriated by any law of this state, for the 
 purchase of libraries which is therein conferred upon the inhabitants of school 
 districts. It shall be their duty to provide a library room, or rooms, in the 
 several school houses in said city, and the necessary furniture therefor. The 
 clerk of said board shall be the general librarian. The board shall also appoint 
 a librarian for each school, to have the care of the books, and to superintend 
 the letting out and return thereof. The several school librarians shall from 
 time to time, inform the general librarian of the state and condition of their 
 libraries, and the said board or the general librarian, under the direction and 
 by resolution of the said board, may make all purchases of books for the li 
 braries, and provide for their equitable distribution among the schools, and 
 exchange or cause to be repaired the damaged books belonging thereto, and 
 also sell any books which may be deemed useless, or of improper character, 
 and apply the proceeds to the purchase of other books for said libraries. 
 
 19. It shall be the duty of said board, at least fifteen days before the 
 annual election for commissioners in each year, to prepare and report to the 
 common council, true and correct statements of the receipts and disbursements 
 of moneys under and in pursuance of the provisions of this act, during the pre 
 ceding year ; in which account shall be stated under appropriate heads : 
 
 1. The monies raised by the common council under the twelfth section of 
 this act : 
 
 2. The school moneys received by the chamberlain of the city, from the 
 county treasurer, distinguishing between the sum received from the state and 
 the sum raised upon the city by the board of supervisors : 
 
 3. The moneys received by the common council under the third section 
 of this act : 
 
 4. All other moneys received by the chamberlain subject to the order of 
 the board, specifying the sources. 
 
70*f r 
 
 355 
 
 5. The manner in which such sums of money shall have been expended, 
 specifying the amount paid under each head of expenditure : 
 
 And the common council shall, ten days before such election, cause 
 the same to be published in at least two of the newspapers published in 
 said city. 
 
 20. The common council of said city shall have the power to pass suck 
 ordinances and regulations as the said board of education may report as ne 
 cessary and proper for the protection, safe keeping, care and preservation of 
 the school houses, lots, sites, appurtenances and appendages, libraries, and 
 all necessary property belonging to, or connected with the schools in said 
 city ; and to impose proper penalties for the violation thereof, subject to the 
 restrictions and limitations contained in the act to incorporate the said city ; 
 and all such penalties shall be collected in the same manner that the penal 
 ties for the violation of the city ordinances are by law collected, and when 
 collected, shall be paid to the chamberlain of the city, and be subject to the 
 order of* the board of education, in the same manner as other moneys, raised 
 pursuant to the provisions of this act. 
 
 21. It shall be the duty of the common council, within fifteen days after 
 receiving the certificate of the commissioners required by the fourteenth sec 
 tion of this act, of the sums necessary or proper to be raised under the twelfth 
 section of this act, to determine and certify to said board of education the 
 amount that will be raised by them for the year commencing on the 1st of 
 March thereafter, for the purposes mentioned in said twelfth section, distin 
 guishing between the amount to be raised for teachers wages and contingent 
 expenses, and the amount to be raised for the repair of school houses, which 
 amounts shall be subject to the disposal of the board of education. 
 
 22. All the moneys required to be raised by virtue of this act, or re 
 ceived by the said city, for or on account or the common schools, except such 
 sums as are raised for the purchase of sites for school houses, shall be depos 
 ited for the safe keeping ^thereof, with the chamberlain of said city, to the 
 credit of said board of education, and shall be drawn out in pursuance of a 
 resolution or resolutions of said board, by drafts drawn by the president and 
 countersigned by the clerk of said board, payable to the order of the person 
 or persons entitled to receive such moneys ; and said chamberlain shall keep 
 the funds authorized by this act to be received by him, separate and distinct 
 from any other fund, which he is, or may by law be authorised to receive. 
 
 23. It shall be the duty of the clerk of said city, immediately after the 
 election of any person as a commissioner of common schools to personally or 
 in writing, to notify him of his election, and if any such person shall not with 
 in ten days after receiving such notice of his election, take and subscribe the 
 constitutional oath, and file the same with the clerk of the said city, the com 
 mon council may consider it a refusal to serve, and proceed to supply the va 
 cancy occasioned by such refusal ; and the person so refusing, shall forfeit, 
 and pay to the city chamberlain, for the benefit of the tuition fund, a penalty 
 of ten dollars. 
 
 24. It shall be the duty of the several school districts in the c,ity of Troy, 
 within three months from the passage of this act, to transfer and convey to 
 said city all school houses, sites, lots, and all other school property of what 
 ever name and description, and to place in the care of the board of education, 
 all school district records, account books, vouchers, contracts, papers, and oth 
 er school property, and the said school officers of the said city and the sever 
 al school districts thereof, shall continue in office until the unfinished busi 
 ness of said districts shall have been finally closed up and settled, not exceed 
 ing three months after the passage of this act, with all the power and duties 
 now by law imposed upon them, for the purpose of closing such unfinished 
 business. 
 
 25. The common council of the city of Troy shall, on the third Thurs 
 day of April, 1849, appoint from each ward in said city commissioners of com 
 mon schools for said city, corresponding in number with the aldermen elected 
 from said wards, who shall hold their office until the second Tuesday of March, 
 
356 
 
 1850 ; the said persons so appointed shall be residents of the ward for which 
 they shall be appointed, shall during the time of their appointment consti 
 tute said board of education, and possess the same power and privileges, per 
 form the same duties, and be subject to the same regulations as the commis 
 sioners to be elected under this act. Their first meeting shall be on the 
 first "Wednesday after their appointment. 
 
 26. The said commissioners so appointed, shall, in addition to the other 
 duties required of them by this act, on or before the first day of June, 1849, 
 determine and certify to the common council in the manner designated by the 
 fourteenth section of this act, the sums necessary and proper to be raised by 
 said city for the purposes mentioned in said twelfth section, for the year com 
 mencing on the 1st of March, 1849. The said common council shall, within 
 fifteen days after receiving said certificate, determine and certify to said com 
 missioners in the manner specified in the twenty-first section, the amounfea 
 that will be raised by them, which amounts shall in like manner be subject to 
 the disposal of said commissioners. 
 
 27. All previous acts and parts of acts inconsistent herewith, are here 
 by repealed. 
 
 [Chap. 353, laws of 1850, as amended by chap. 366 laws of 1851.] 
 
 1. It shall be lawful for the board of edtication of the city of Troy, and 
 the said board is hereby authorized, to discharge all the duties and exercise all 
 the powers belonging to the office of town superintendent of common schools 
 by law, in relation to the formation of joint school districts out of parts of 
 said city, and parts of adjoining towns, and also in the erection of separate 
 school districts, as hereinafter provided, in either the fifth, sixth, and seventh 
 wards of said city. 
 
 2. "Whenever it may become necessary or -convenient to form a joint dis 
 trict out of parts of said city and of any adjoining town, the board of educa 
 tion may depute any member of said board or the clerk thereof, to meet with 
 the superintendent of such adjoining town, and the proceedings of such mem 
 ber of said board, or the clerk thereof, and such town superintendent, in con 
 formity with the statute, dyly certified under their hands, in forming, regula 
 ting and altering any such districts, shall be valid and conclusive, when ap 
 proved by said board at any meeting regularly convened. 
 
 3. The said board of education may, in its discretion, upon the written 
 application of at least two-thirds of the inhabitants, entitled by law to vote 
 in school district meetings; residing within the territory to be included there 
 in, erect separate school districts, and from time to time regulate and alter the 
 same, in either the fifth, sixth and seventh wards of said city. Such separate 
 school districts, when so erected, and the joint districts provided for in the sec 
 ond section of this act, when so formed, shall severally enjoy all the rights 
 and privileges and be subjectto all the duties and liabilities of school districts 
 legally formed in the several towns of this state, and shall be no longer under 
 the care and government of said board of education. 
 
 4. It shall be the duty of the trustees of all such joint and separate dis 
 tricts as shall be formed and erected in pursuance of this act, to make to 
 the board of education of said city, all the reports and returns which are 
 or may be by law required in the several towns of this state to be made to 
 the town superintendents thereof. It shall be the duty of the said board of 
 education to apportion to each of the parts of such joint districts lying within 
 said city, and to each of such separate districts, from all the public school 
 moneys that shall thereafter be apportioned and paid to the city, whether 
 the same shall be received from the state school moneys or from the taxes di 
 rected by law to be levied and collected for that purpose, the just proportion 
 of such moneys according to the number of children residing within such 
 parts of said joint districts as shall lie within said city, and within said sep 
 arate districts, between the ages of five and sixteen years inclusive, making 
 the whole number of such children residing within the city the basis for 
 such apportionment, as the same shall appear from the last reports thereof. 
 
357 
 
 If ! 
 
 5. It shall be the duty of the board of supervisors of the county of Rens- 
 selaer, from and after the passage of this act, to direct that all the moneys levi 
 ed and collected on the inhabitants of the city of Troy for common school 
 purposes, whether the same shall be levied and collected as county taxes or 
 otherwise, shall be paid over by the receiver of taxes for said city, to the 
 chamberlain thereof, for the sole use and benefit of the free public schools 
 within said city, and it shall be the duty of the board of education to apply 
 all such moneys to the support of the free schools of said city in conformity 
 to law. ^ 
 
 [Chap. 366, laws 0/1851.] 
 
 2. Every ward in the city of Troy, and each portion of a ward in which 
 a public school is now, or may hereafter, be maintained, shall constitute a 
 school district, under the supervision and direction of the board of education 
 of said city. 
 
 UTICA. 
 
 [Laws of 1842, chap. 137, as- amended by chap. 131, laws of 1844. Chap. 184, 
 
 Title X, laws of 1848, and chap. 66, laws of 1850.] 
 AN ACT in relation to common schools in the city of Utica. 
 
 Passed April 7, 1842, by a two-third vote. 
 
 The People of the State of New -York, represented in Senate and Assembly, 
 do Enact as follows : 
 
 1. At the next annual election for city officers to be held in the city of 
 Utica, there shall be elected six commissioners of common schools for the said 
 city, who shall be elected in the same manner as justices of the peace, su 
 pervisors and constables are elected in said city pursuant to the act incorpora 
 ting said city. 
 
 2. Within ten days after their election, the persons so elected shall take and 
 subscribe the oath of office prescribed by the constitution, and file the same with 
 the clerk of said city ; and they or a majority of them shall thereupon meet and 
 cause the whole number of commissioners so chosen to be divided into three 
 classes, to be severally numbered first, second and third. The term of office 
 of the first class shall expire at the end of one year, of the second class at 
 the end of two years, and of the third class at the end of three years ; but 
 each class shall continue in office until their successors are elected, and haVe 
 taken the oath of office. 
 
 3. At every annual election for city officers in said city after the next, 
 there shall in like manner be elected two commissioners of common schools , 
 to supply the places of those whose term of office is about to expire ; they 
 shall hold their office for three years, and until their successors are elected, and 
 have taken the oath of office. The term of office of all commissioners elect 
 ed pursuant to the provisions of this act, shall commence on the first Mori- 
 day after the first Monday in March next succeeding their election. 
 
 4. The common council of said city may make appointments of commis 
 sioners of common schools, to fill vacancies which may occur from any cause 
 other than the expiration of the term of office of the person elected. The 
 commissioners so appointed, shall hold their office for the unexpired term of 
 those to supply whose places they are appointed. 
 
 5. Any commissioner of common schools in said city may be removed 
 from office for official misconduct, by the common council thereof, by^ a vote 
 of two-thirds of the members thereof. 
 
 6. The commissioners of common schools in said city shall constitute a 
 board t be styled the Commissioners of Common Schools in the city of Utica," 
 which shall be a corporate body in relation to all the powers aud duties con- 
 
358 
 
 f erred upon them by virtue of this act ; a majority of the board shall form 
 a quorum. At their first meeting after each annual city election, they shall 
 elect one of their number chairman, and whenever the chairman shall be ab 
 sent from a meeting of the board, they may appoint a chairman pro tempore ; 
 they shall also elect a clerk who shall hold his office during the pleasure of 
 the board ; the said commissioners shall receive no compensation for their 
 services. 
 
 7. The clerk of said board shall keep a record of the proceedings there 
 of, which record, or a transcript therefrom, certified by the chairman and 
 clerk, shall be received in all courts as prima facie ev^ence of the facts 
 therein set forth ; and such records, and all the books, papers, and accounts 
 of the said board, shall at all times be subject to the inspection of the common 
 council, and of any committee thereof. 
 
 8. The common council of the said city shall have the power, arid it 
 shall be their duty, to raise from time to time by tax upon the real and per 
 sonal estates in said city, which shall be liable to taxation for the ordinary 
 city taxes, or for town or county charges, such sums as may be determined 
 and certifietl by the said board of of commissioners, to be necessary or proper 
 for any or all of the following purposes ; 
 
 1. To purchase, lease or improve sites for school houses : 
 
 2. To build, purchase, lease, enlarge, alter, improve and repair school hous 
 es and their out houses and appurtenances : 
 
 3. To purchase, exchange, improve, and repair school apparatus, books, 
 furniture and appendages : 
 
 4. To -procure fuel and defray the contingent expenses of the common 
 schools, and the expenses of the district library of said city, and the contin 
 gent expenses of said board of commissioners including the salary of the 
 clerk of said board, aad to meet any deficiency which shall occur in the pay 
 ment of the wages of teachers of the said schools, after applying to the pay 
 ment thereof, the school moneys appropriated and provided in said city, and 
 the tuition fees which shall be collected as hereinafter provided ; which shall 
 be in addition to the amount of school moneys now or hereafter appropriated 
 or provided by law, for common schools in said city ; provided, nevertheless, 
 that such tax shall not be laid oftener than once in each year; and that the 
 whole amount to be raised shall not in any one year exceed the sum of three 
 thousand dollars. 
 
 9. The common council shall cause the amount of the tax at any time 
 ordered to be raised in pursuance of the last section, to be added to the 
 amount which they are otherwise authorized by law to raise by tax in said 
 city, and they shall cause the same, with the collectors fees thereon, to be as 
 sessed, levied and collected at the same time by the same warrant, and in the 
 same manner with the taxes raised for city expenses, under and by virtue of 
 the forty-fourth section of the act to incorporate said city. 
 
 10. All ioneys to be raised pursuant to the provisions of this act, and 
 all school moneys by law appropriated to or provided for said city, shall be 
 paid to the treasurer of the said city, who together with the sureties upon his 
 official bond, shall be accountable therefor in the same manner as for other 
 moneys of the said city ; the said treasurer shall also be liable to the same 
 penalties for any official misconduct in relation to the said moneys, as for any 
 similar misconduct in relation to the other moneys of the city. 
 
 11. After the passage of this act the treasurer of the said city shall not 
 pay out any moneys in his hands received by the said city, either as school 
 moneys, or collected or received by virtue of any of the provisions of this act, 
 excepting upon an order drawn upon him, and signed by the chairman and 
 clerk of the said board of commissioners, and no such order shall be drawn 
 except by virtue of a resolution of the board. 
 
 12. The said board may cause a suit or suits to be prosecuted in the 
 name of the city of Utica, upon the official bond of the treasurer, or of any 
 collector of the said city, for any default, delinquency or official misconduct in 
 relation to the collection, safe keeping or payment of any moneys in this act 
 mentioned. 
 
359 
 
 13. The said board shall have power,, and it shall be their duty : 
 
 1. To establish ard organize such and so many common schools in said city, 
 {including the common and free schools now existing therein) as they shall 
 deem requisite and expedient, and to alter and discontinue the same. 
 
 2. To purchase or hire school houses, and rooms and lots or sites for school 
 houses, and to fence and improve them as they deem proper. 
 
 3. Upon such lots or sites, and upon any sites now owned by said city, to 
 build, enlarge, alter, improve and repair school houses, out houses and appur 
 tenances as they may deem advisable. 
 
 4. To purchase, exchange, improve and repair school apparatus, books, fur 
 niture and appendages, and to provide fuel for the schools, and defray their 
 contingent expenses and the expenses of the district library. 
 
 5. To have the custody and safe keeping of the school houses, out houses, 
 apparatus, books, furniture and appendages, and to see that the ordinances of 
 the common council in relation thereto be observed. 
 
 6. To contract with and employ all teachers in the common schools and at 
 their pleasure to remove them. 
 
 I. To pay the wages of such teachers out of the school moneys which shall 
 be appropriated and provided in the said city, so far as the same shall be suf 
 ficient, and the residue thereof from the tuition fees they shall be authorized 
 to collect or receive as herein provided ; and in case the said school moneys 
 and tuition fees shall be insufficient to pay such wages, then to pay the de 
 ficiency out of the moneys to be raised by the common council of said city in 
 pursuance of the eighth section of this act. 
 
 8. To fix the rate of tuition fees in said schools at a sum not exceeding 
 .two dollars per term, which shall be a period of not less than eleven weeks, 
 and to designate a person or persons to whom the same may be paid pre 
 vious to issuing a warrant for the collection thereof, and to exempt from the 
 payment of the whole or any part of the tuition fees, such persons as they may 
 deem entitled to such exemption, for indigence or any other sufficient cause, 
 and cause a list of the persons so exempted, with the extent of their exemp 
 tion, to be kept by the clerk of the board. 
 
 9. To defray the necessary contingent expenses of the board, including an 
 annual salary to the clerk, which shall not exceed one hundred dollars, provi 
 ded that the account of such expenses shall first be audited and allowed by 
 the common council. 
 
 10. After the end of each school term to make out a rate bill containing 
 the name of each person liable to pay tuition fees, who shall not have paid 
 them (prior to the making out of such rate bill) to the person or persons dea. 
 iguated by the board for that purpose, and the amount for which such person 
 is liable, addding thereto a sum not exceeding five cents on each dollar of the 
 sum due, for collector s fees, and to annex to such rate bill a warrant for the 
 collection thereof. 
 
 II. To deliver such rate bill, with the warrant annexed, to one of the col 
 lectors of taxes of said city, who shall execute the same in like manner and 
 with like e lect, with the other warrants for the collection of taxes placed in 
 his hands ; or m 1 -i discretion, to deliver the same to a collector to be ap 
 pointed by said board of commissioners, who shall, if required by said board, 
 execute to said commissioners in their corporate capacity, a bond, with one or 
 more sureties, to be approved by said commissioners, or a majority of them, 
 which bond, as to its penalty and conditions, shall be the same as is by law- 
 required to be executed by the collectors of school districts ; and the said 
 board of commissioners shall have the same power and authority in regard to 
 said bond and the collection thereof, as the trustees of school districts have by 
 law, in regard to the bonds given by collectors of school districts ; and the 
 said collector shall have the same power in the execution of said warrant, that 
 the collectors of taxes of said city have by virtue of this act. 
 
 12. To have in all respects the superintendence, supervision and manage 
 ment of the common schools in said city, and from time to time to adopt, al 
 ter, modify and repeal, as they may deem expedient, rules and regulations for 
 fcheir organization, government and instruction, for the reception of pupils and 
 
360 
 
 their transfer from one school to another, and generally for the promotion of 
 their good order, prosperity and public utility. 
 
 13. Whenever, in the opinipn of the board, it may be advisable to sell any 
 of the school houses, lots or sites, or any of the school property now or hereaf 
 ter belonging to the city, to report the same to the common council. 
 
 14. To prepare and report to the common council such ordinances and re 
 gulations as may be necessary or proper for the protection, safe keeping, care 
 and preservation of school houses, lots, sites and appurtenances, and all the 
 property belonging to the city, connected with, or appertaining to the schools 
 and to suggest proper penalties for the violation of such ordinances and regu 
 lations ; and annually to determine and certify to the said common council 
 the sums in their opinion necessary or proper to be raised under the eighth 
 section of this act, specifying the sums required for each of the several pur 
 poses therein mentioned. 
 
 15. To unite with the commissioners of schools of any adjoining town, and 
 form, regulate and alter any ^ district out of any portion of the said city and 
 such town, whenever they shall deem it necessary and proper to do so, in 
 which case, so far as such district or districts are concerned, and said board 
 shall, during the existence of such districts, have the same powers and duties 
 which the commissioners of schools in towns have. 
 
 16. Between the first day of July and the first day of August in each year, 
 to make and transmit to the county clerk a report in writing, bearing date the 
 first day of July in the year of its transmission, and stating, 
 
 1. The whole number of districts separately set off within the said city, 
 in pursuance of subdivision fifteen of this section : 
 
 2. An account and description of all the common schools kept in said 
 city during the preceding year, and the time they have severally been 
 taught : 
 
 3. The number of children taught in the said schools respectively, and the 
 number of children over the age of five and under sixteen [21] years residing in 
 the city on the first day of January of that year : 
 
 4. The whole amount of school moneys received by the treasurer of the 
 said city during the preceding year, distinguishing the amount received 
 from the county treasurer, from the town collector, and from any other and 
 what source : 
 
 5. The manner in which such moneys have been expended, and whether 
 any and what part remains unexpended, and for what cause : 
 
 , 6. The amount of money received for tuition fees during the year, and the 
 amount paid for teachers wages, in addition to the public moneys with such 
 ether information as the superintendent of common schools may from time to 
 time require. v 
 
 14. All persons collecting or receiving tuition fees pursuant to the des 
 ignation, or the warrant of the said board, shall be liable for all moneys thus 
 eollected or received by them in the same manner as collectors are for mon 
 eys received by them for taxes, and any collector of the said city, and his 
 sureties shall be liable upon his official bond, for any default, delinquency, neg 
 lect or misconduct, in the duties with which he may be charged under or by 
 virtue of this act, in the same manner and with the like effect as for any other 
 official default, delinquency, neglect or misconduct ; and such collector shall 
 also be liable to the same penalties for any such official misconduct as for 
 any similar misconduct in relation to any other duties of his office. 
 
 I 15. The warrant annexed to any rate bill pursuant to the provisions of 
 this act, shall be under the hands of the commissioners, or a majority of them, 
 and shall command the collector to collect from every person in such rate bill 
 named, the sum therein set opposite his name, and in case any person so nam 
 ed, shall not pay such sum on demand to levy the same, together with the 
 fees of said collector, by distress and sale of goods and chattels of the person 
 who ought to pay the same, or of any goods and chattels in his possession, 
 wheresoever the same may be found in the city of Utica, and to make return 
 f such warrant to the treasurer of said city, within thirty days after the de 
 livery thereof. 
 
361 
 
 1 6. Such warrants shall have the like force and effect as warrants issued 
 by the boards of supervisors to the collectors of towns, and the collectors of 
 the said city are authorized to collect the amount due from any person or per 
 sons in the said city, in the same manner and with the same power that col 
 lectors of a school district have for the collection of tax or rate bills issued by 
 the trustees of school districts. 
 
 17. The board of commissioners shall possess the same powers which the 
 trustees of school districts have for the collection of tuition fees, which shall 
 not be collected by the warrant issued by them Vith rate bills, and subject to 
 the same regulations ; and they may in like manner as the trustees of 
 school districts, correct and amend errors in making out any rate bill, ami refund 
 to any person any sum improperly collected in consequence of such error. 
 
 18. It shall be duty of the said board in all their expenditures and con 
 tracts to have reference to the amount of moneys which will be subject to 
 their order during the then current year, for the particular expenditures in 
 question. 
 
 19. The said board of commissioners shall be the trustees of the district 
 library in said city, and all the provisions of the act entitled, " An act re 
 specting the School District Libraries," passed April 15, 1839, and all other 
 laws which now are or may hereafter be passed relating to district school li 
 braries, shall apply to the said commissioners in the same manner as if they 
 were trustees of a school district comprehending the said city ; they shall 
 also be vested with the discretion as to the disposition of the moneys appro 
 priated by the fourth section of chapter two hundred and thirty-seven, of the 
 Statues of eighteen hundred and thirty-eight, which is therein conferred up 
 on the inhabitants of school districts. It shall be their duty to provide a li 
 brary room and the necessary library furniture, and appoint a librarian, to 
 make all purchases of books for the said library, and from time to time to ax- 
 change or cause to be repaired damaged books belonging thereto ; they may 
 also sell any books which they deem useless, or of improper character, and 
 apply the proceeds to the purchase of other books for the said library. 
 
 106. [Title X, chap. 184, laws of 1849.] The board of commissioners 
 of common schools may from the moneys received by them for the school dis 
 trict library, defray the contingent expenses of the library and the salary of 
 the librarian, and apply such portion of it as they may deem proper to the 
 payment of teachers salaries. / 
 
 20. It shall be the duty of said board, at least fifteen days before the 
 annual election for city officers in each year, to prepare and report to the 
 common council true and correct statements of the receipts and disbursements 
 of moneys under and in pursuance of the provisions of this act during the pre 
 ceding year ; in which account shall be stated under appropriate heads, 
 
 1. The moneys raised by the common council under the eighth section of 
 this act : 
 
 2. The school moneys received by the treasurer of the city from the coun 
 ty treasurer and the collector of taxes for town and county charges in said 
 city : 
 
 3. The moneys received for tuition fees : 
 
 4. Alll other moneys received by the treasurer subject to the order of the 
 board, specifying the sources : 
 
 5. The manner in which sueh moneys shall have been expended, specifying 
 the amount paid imder each head of expenditure ; 
 
 And the common council shall, ten days before the said election cau?e the 
 same to be published, with the statement required to be published by the 
 thirty-third section of the act to incorporate the said city. 
 
 21. The said board shall be subject to the rules and regulations from 
 time to time made by the superintendent of common schools so far as the same 
 may be applicable to them, and not inconsistent with the provisions of this 
 act. 
 
362 
 
 22. The common council of said city shall have the power, and it shall 
 be their duty to pass such ordinances and regulations as the said board of 
 commissioners may report as necessary and proper for the protection, safe 
 keeping, care and preservation of the school houses, lots, sites, and appurte 
 nance?, and all the necessary property belonging to or connected with the 
 schools in said city ; and to impose proper penalties for the violation thereof, 
 subject to the restrictions and limitations contained in the act to incorporate 
 the said city ; and all such penalties shall be collected in the same manner 
 that the penalties for violation of the city ordinances are by law collected ; 
 and when collected shall be paid to the treasurer of the city, and be subject 
 to the order of the board of commissioners, in the same manner as other mon 
 eys raised pursuant to the provisions of this act. 
 
 23. Whenever the said board shall report to the common council that it 
 is advisable to sell any of the school houses, lots or sites, or any of the school 
 property now or hereafter belonging to the city, it shall be the duty of the 
 common council to sell the same without unreasonable delay, and upon such 
 terms as the said council may deem advisable. The proceeds of all such sales 
 shall be paid to the treasurer of the city, and shall be subject to the order of 
 the said board, to be expended by them in the purchase, leasing, repairs or 
 improvements of other school houses, lots, school furniture, apparatus or ap 
 purtenances. 
 
 24. The title of the school houses, sites, lots, furniture, books, apparatus 
 and appurtenances, and all other school property herein before in this act 
 mentioned, shall be vested in the city of Utica ; and the same while used for 
 or appropriated for school purposes shall not be liable to be levied upon or 
 sold by virtue of any warrant or execution, nor be subject to taxation or as 
 sessment for any purpose whatsoever ; and the said city in its corporate ca 
 pacity shall be able to take, hold and dispose of any real or personal estate, 
 transferred to it by gift, grant, bequest or devise for the use of common schools 
 of the said city, whether the same shall be transferred in terms directly to 
 said city by its proper style, or by any other designation or to any other des 
 ignation, or to any person or persons or body, for the use of said schools. 
 
 25. All former acts and parts of acts in relation to common and free 
 schools in the said city, inconsistent with the provisions of this act are hereby 
 repealed. 
 
 [Chap. 66, Laws of 1850.] 
 
 1. The board of school commissioners of the city of Utica shall annual 
 ly prepare an estimate of the amount of money necessary to be raised in the 
 said city, for the then ensuing year, for the payment of teachers wages, ex 
 clusive of the public money and the money required by law to be raised by 
 the county and town by the act establishing free schools throughout the state, 
 and present the same to the board of supervisors of Oneida county, (at their 
 annual meeting,) who shall cause the same to be levied and collected from 
 the ^aid city in the same manner as other town taxes ; but the sum to be 
 raised by virtue of this section, shall not in any year exceed twice the sum 
 apportioned to the city from the state school moneys. 
 
 2. The said board of commissioners shall appoint a superintendent of 
 common schools for the city, to hold his office during the pleasure of the 
 board, and to perform such duties in the care and oversight of the schools in 
 the city as it may charge him with. He shall be paid suclr compensation for 
 fois services as the board shall from time to time determine, which shall bo 
 audited and allowed, as other town charges are in the said city. 
 
363 
 
 *!_ , -j WILLIAMSBURGH. 
 
 [Laws of 1851, Chap. 171.] 
 
 AJN ACT in relation to common schools in the city of Williamsburgh. 
 Passed April 14, 1851, " three-fifths being present. 
 
 The People of the State of New- York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The trustees of common schools in the city of Williamsburgh, hold 
 ing office at the passage of this act, whose term, under the provisions of 
 chapter one hundred and eighty-one, laws of eighteen hundred and forty-four, 
 would expire in May, eighteen hundred and fifty-two, shall hold office until 
 the first Monday in January, eighteen hundred and fify-two, and no longer. 
 The trustees so holding office, whose term would expire jn May, eighteen 
 hundred and fifty-three, shall hold office until the first Monday in January, 
 eighteen hundred and fifty-three, and no longer. And the trustees who shall 
 be elected at the annual district meetings in May, eighteen hundred and 
 fifty-one, shall hold office until the first Monday in January, eighteen hundred 
 and fifty-foul-, and no longer. 
 
 2. At each annual election for charter officers hereafter to be held in 
 said city, there shall be chosen in each ward, one trustee of common schools, 
 whose term of office shall commence on the first Monday in January next 
 succeeding his election, and continue three years. All persons qualified to 
 vote for members of the common council in said city, shall be entitled to vote 
 for school trustees, and the election shall be conducted in the manner pre 
 scribed by law for other elections ; provided, that a separate box shall be 
 provided in each election district, to receive the votes of electors for said 
 trustees, and that the ballots used in such election, shall be endorsed "school." 
 Vacancies in the office of school trustee shall be filled at the election next 
 succeeding their occurrence ; but persons chosen to fill the same, shall hold 
 office only for the residue of the term broken by the occurrence of such 
 vacancy. All persons shall be eligible to the said office, who may be eligible 
 by law to the common council. 
 
 3. The three school trustees of each ward, in office at the same time, 
 shall manage and control the common schools of such ward, in conformity to 
 the provisions of this act, and the laws of this state. 
 
 4. The trustees of common schools of the several wards of said city, 
 shall in joint meeting, form a board of education. The said board shall 
 have the general supervision of the schools of said city, and shall have power 
 to make such rules for determining the qualifications of teachers in said 
 schools, and ensuring uniformity of books and school discipline, as they may 
 deem best for the interests of education. The said board shall maintain 
 schools for colored children, and shall have power to establish, manage, and 
 control evening schools, using for such purpose, such school-house or school- 
 houses as they may elect ; and when the same may appear to be demanded 
 by the wants of the people, they may establish, manage and control an 
 academy or high school. The board of education shall make its own by 
 laws, not inconsistent with the laws of this state ; and shall choose from 
 their own number, annually, a president, and also a clerk, who shall keep a 
 faithful record of the proceedings of the board. 
 
 5. The several boards of school trustees shall by or before the first 
 Monday of March in each year, prepare and file with the city clerk, a detail 
 ed estimate of the necessary expenses of conducting the schools in their 
 wards respectively for the year commencing on the first day of May follow 
 ing, specifying in such estimate, the amount necessary for teachers wages, 
 for books, for maps, and other school apparatus, for fuel, for ordinary repairs 
 of school houses, for contingent expenses^or salary of librarian, for the main 
 tenance and moderate increase of the libraries, for furniture, for deficiencie3 
 
364 
 
 of previous appropriations. The board of education shall in like manner, file 
 with the city clerk, an estimate of the amounts necessary for their contingent 
 expenses, and for conducting the schools for colored children, evening schools, 
 and academy maintained by them, specifying the branches of appropriations 
 and the amounts necessary for each as in the case of the ward schools. 
 
 6. The city clerk shall within ten days after the period named in the 
 preceding section issue notice to the members of , the school board of finance 
 to meet at an appointed time and place within ten days after the date of 
 his notice. The school board of finance shall accordingly meet and consider 
 the estimates submitted to them as hereinafter provided, adjourning from 
 time to time as they may see fit ; provided, that they shall make a final 
 decision respecting said estimates previous to the first Monday of May. The 
 said school board of finance shall have power to reduce, reject, or increase 
 the sums named in the said estimates as they may think reasonable and 
 expedient ; and having determined upon the amount necessary, in then* opin 
 ion, for the proper management and support of the schools in each ward, they 
 shall file a statement under the hands of their president and clerk, with the 
 trustees thereof, setting forth in detail said necessary amount, and the par 
 ticular purposes for which said money shall be used. Having determined 
 upon the amount necessary for the propei management and support of the 
 schools for colored children, the evening schools, and the academy maintain 
 ed by the board of education, and for the contingent expenses of said board, 
 they shall file a statement thereof, similarly detailed, with the president of the 
 board of education. They shall also file duplicates of said statements with 
 the city comptroller and city treasurer. 
 
 7. The gross amount of money which the said school board of finance 
 shall so certify to be necessary for school purposes, less any balance of pre 
 vious appropriations for such purposes remaining unexpended in the treasury 
 and the amount of the distributive share of state school money to which the 
 said city shall be entitled, and including a sufficient amount to entitle the city 
 to such distributive share, shall be added by the common council of the said 
 city to the amount of taxes to be levied by them for the year, upon the real 
 and personal property of the city ; and shall be paid with other monies raised 
 by tax, to the city treasurer. The treasurer shall disburse the same only by 
 the order and on the warrant of the school trustees of the several wards, or 
 of the board of education by its president and clerk, as the case may be, 
 drawn in favor of the person entitled to payment, and specifiying the partic 
 ular purpose to which the money is to be applied. The treasurer shall honor 
 such drafts only so far as the specific appropriations by the school board of 
 finance shall allow. 
 
 8. The school board of finance shall consist of the mayor of the city 
 the members of the city board of finance, who are not members of the com 
 mon council and the trustees of common schools. The board shall choose a 
 president from its own number. The city clerk shall be the clerk of said 
 board, and shall keep a faithful record of its proceedings, entering the yeas 
 and nays on every vote upon an appropriation. A majority of the school 
 trustees, with a majority of the members of the board, shall be a quorum 
 for the transaction of business, but a less number may adjourn from time 
 to time. 
 
 9. When the purchase of real estate, or the erection of an edifice for 
 school or academy purposes may be decided by the board of education to be 
 necessary, they shall file the vote by which such decision shall have been made, 
 including an estimate of the extreme amount of money necessary for such 
 purchase or erection, with the city clerk who shall lay the same at its next 
 meeting before the common council of the said city. If said common coun 
 cil after due deliberation, shall also determine the same to be expedient, the 
 said common council shall lay before the people, at the next election, the 
 question whether they approve of^the proposed erection or purchase ; and if 
 a majority of the ballots cast for and against such proposition shall prove to 
 be in fav or thereof, the said common- council shall take measures to carry the 
 
365 
 
 same into effect. And for this purpose the said common council shall hate 
 power to add the necessary amount to the annual taxes, provided that they 
 may at their discretion, divide such amount into yearly instalments, and 
 make temporary loans in anticipation thereof. 
 
 10. The title of the property now held by the several school districts 
 of the town of Williamsburgh, and of all real estate and buildings purchased 
 and erected under this act, shall vest in the city of Williamsburgh ; and -no 
 such property shall be sold or otherwise diverted from use for educational 
 purposes, without the recommendation or consent of the board of education, 
 In case of such sale or diversion, the value of such property shall be applied 
 to the purchase or erection of other property for educational purposes, or to 
 the reduction of taxes for school purposes, as may be recommended by the 
 board of education. 
 
 11. If by any unforseen casualty, damage shall occur to the buildings 
 held by the city for educational purposes, beyond the amount properly ap 
 propriated for repairs of such buildings, the common council shall cause such 
 damage to be repaired, and make special appropriations therefor. If such 
 damage occur by fire, and is covered by insurance, the treasurer shall collect 
 the insurance ; and the amount appropriated by the common council to pay 
 for repairs of damage to buildings, less the amount, if any, received on account 
 of insurance in case said damage occur by fire, shall be added by the common 
 council to the annual taxes next to be levied by them. 
 
 12. The city_ comptroller shall cause to be and keep insured, all build 
 ings held by the city for school purposes, for a sufficient amount, in a compa 
 ny or companies of good standing ; rfhd the expense of such insurance, if 
 upon a ward school house,* shall be paid by the warrant on account of con 
 tingent expenses of the school trustees of the ward in which such school 
 house is situated ; and if upon a building used for a school for colored chil 
 dren, or for an academy, by the warrant on same account of the board of 
 education. 
 
 13. The office of superintendent of common schools for the town of 
 Williamsburgh, is hereby abolished. The sums to which the schools of said 
 city shall be entitled by the laws of this state, and which would be paid to 
 such superintendent for distribution, shall be paid to the treasurer of the city 
 of Williamsburgh. 
 
 14. The president of the board of education, shall make frequent vis 
 itations of the schools and academy, if such there be, of said city, reporting 
 from time to time to the board their condition, and the measures necessary 
 in his opinion, to improve their efficiency and usefulness. 
 
 15. The common schools of the city of Williamsburgh, shall be free to 
 all children of said city, between the ages of five and sixteen yeai s inclu 
 sive ; provided, that a separate school or schools for colored children shall be 
 maintained by the board of education. The said board shall prescribe the 
 terms of admission to the evening schools and to the city academy, if any 
 shall be established under this act ; but they shall not make the payment of 
 any money for entrance or tuition necessary to such admission. 
 
 3 16. The office of district clerk is hereby abolished. The books and 
 papers in the hands of the clerks of the several school districts of said city 
 at -the expiration of the year one thousand eight hundred and fifty-one, shall 
 be placed in the hands of the school trustees of the corresponding wards. 
 The said trustees shall keep correct records of their proceedings, and have 
 the custody of all the papers and records relating to their several wards, 
 except the deeds and muniments of title to the real estate held for school 
 purposes, which shall be deposited with the city comptroller. 
 
 17. The term of office of the librarians of the several school districts 
 of the town of Williamsburgh, shall expire on the first Monday in January, 
 one thousand eight hundred and fifty-two * and the school trustees of each 
 ward shall annually thereafter appoint, a librarian. The said trustees shall 
 continue to "maintain a public library, which .shall be free to all inhabitants 
 of the ward exercising the same powers in regard to them with which they 
 
 >;; n 
 
366 
 
 are now by law invested. The public money designated as "library money," 
 shall with other public money as provided by section thirteen of this act be 
 paid to the city treasurer ; but so much only of such library money shall be 
 appropriated to the purchase of library books or school apparatus as may be 
 required by the trustees of the several wards and authorized by the school 
 board of finance as provided in section five and section six of this act. 
 
 18. "fiie monies paid or payable under chapter 181, laws of eighteen 
 hundred and forty-four, to the trustees of the several school districts of the 
 said city before the first day of May, eighteen hundred and fifty-two, shall 
 continue to be held and disbursed by them until that time. The said trus 
 tees shall then render to the city comptroller a full and correct account of 
 their receipts and disbursments for the previous year, and shall pay over to 
 the city treasurer any school monies remaining in their hands. 
 
 19. The common council of the city of Williamsburgh shall provide 
 for the payment of loans lawfully made by the several school districts, so far 
 as the same shall not be paid by appropriations made previous to the first 
 day of May, eighteen hundred and fifty-two. And for this purpose they 
 shall have power to add the necessary amount to the annual taxes of said 
 city. 
 
 20. The said common council shall have power to borrow money tem 
 porarily in anticipation of taxes for school purposes as for other purposes. 
 
 21. The board of assessors for said city for the year eighteen hundred 
 and fifty -two shall estimate the value of the real estate of said city held for 
 school purposes in each ward, deducting" therefrom the amount of indebted 
 ness due or chargeable upon such property on the first day of May, eighteen 
 hundred and fifty-two, and shall determine the ratio which said value bears 
 to the whole assessed valuation of the real and personal property in such 
 ward. They shall file with the city comptroller a statement of such value 
 and ratio ; and if such ratio shall vary in the several wards, the common 
 council of said city shall gradually, at their discretion, so discriminate in levy 
 ing the taxes upon the several wards, that each shall as near as may be, bear 
 a just proportion according to its assessed valuation of the expenses of the 
 property already purchased and erected for school purposes. 
 
 22. The board of education shall provide for taking an annual census 
 of all the children of the on the thirty -first day of December in each 
 
 year, between the ages of five and sixteen years inclusive, which enumer 
 ation with all other information now required by law of school trustees and 
 town superintendents, they shall cause to be forwarded to the state superin 
 tendent of common schools. The expense of such enumeration shall be paid 
 by their warrant out of monies appropriated to their use for contingent ex 
 penses. 
 
 23. For the purposes of all acts which have been or may be passed by the 
 legislature of this state, providing for an equal division of public money 
 among the school districts of this state, the city of Williamsburgh shall be 
 deemed to contain as many school districts as school houses. 
 
 24. No officer elected or appointed under this act shall receive any; 
 compensation for his services, except the librarian. 
 
 25. Chapter 181, laws of eighteen hundred and forty-four, and all oth 
 er acts and parts of acts inconsistent with the provisions of this act, are here 
 by repealed. 
 
 26. This act shall take effect on the first Monday in January, eighteen 
 hundred and fifty -two, except as herein otherwise provided. 
 
 WILLIAMSVILLE. 
 
 [Laws of 1646, Chap. 119.] 
 
 1. The trustees of the school district at the village of Williamsville, in 
 the town of Amherst and county of Erie, are hereby authorized, if the inhab 
 itants of said district shall at any regular school district meeting so direct 
 to make thereafter, and until the said inhabitants shall in like manner other- 
 
367 
 
 wise direct, separate and distinct rate bills, for tlie payment of the wages of 
 the teachers in the primary and higher department of the schools kept in the 
 said district, in such manner to collect on account of scholars attending each 
 department, such balance as may be justly due for the wages of the teacher 
 01- teachers in that department, after the application to that purpose of such 
 share of the public moneys as shall be apportioned to each department by such 
 trustees, by giving to each such proportion of the whole sum applicable to 
 the payment of teachers wages in both departments, as the number of schol- 
 lars who shall have attended such department during the time for which such 
 rate bill is to be made, shall bear to the whole number of scholars attending 
 both of such departments during the same period. 
 
 INDIAN SCHOOLS. 
 
 Laws of 1846, Chap. 114; Laws of 1847, Chap. 238, 
 
 AN ACT to provide for the education of children of the Onondaga Indians 
 in the county of Onondaga, and the children of the other Indians residing 
 in this state. 
 
 Passed April 30, 1846. 
 
 The People of the State of New-York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The agent of the Onondaga Indians in the county of Onondaga, ap 
 pointed under the authority of this state, is hereby authorised, with the con 
 sent of the chiefs of the said tribe of Onondaga Indiana, to cause to be built 
 and furnished a good and sufficient school-house on the Onondaga reserva 
 tion, at an expense not exceeding three hundred dollars, for the accommoda 
 tion of the Indian children residing on such reservation ; and to organize a 
 school therein, and the sum of three hundred dollars is hereby appropriated 
 for the payment of the expense of erecting and furnishing said school-house. 
 
 2. The sum of two hundred and fifty dollars annually is hereby appro 
 priated for the term of five years, for the payment of the wages of a teach 
 er or teachers, and of the other expenses of maintaining such school. 
 
 5, The sums appropriated by the first and second sections of this act 
 shall be paid from time to time to the said agent of the Onondaga Indians 
 on his giving to the people of this state and filing with the state superinten 
 dent of common schools, a bond with satisfactory sureties, to be approved 
 by such superintendent conditioned for the proper and faithful expenditure 
 of all moneys paid to him, or which shall come into his hands by virtue of 
 this act, and for the rendering to such superintendent annually in the month 
 of October, a just and true account of all his receipts and expenditures, under 
 the provisions of this act. 
 
 7. The sum of two hundred and fifty dollars is also hereby appropri 
 ated for the building and furnishing a school house on the lands of the St. 
 Regis Indians, in this state ; and the further sum of two hundred dollars per 
 year, for the term of five years, is hereby appropriated for the payment of 
 wages of a teacher of the school, to be kept in said school house, and for the 
 payment of the other expenses of said school. The moneys appropriated by 
 this section shall be paid from time to time to the agent of the said St. Regis 
 Indians, on his giving to the people of this state, and filing with the state 
 superintendent of common schools, a bond with satisfactory sureties, to be 
 approved by such superintendent, conditioned for the proper and faithful ex 
 penditure within this state, of all moneys paid to him, and which shall come 
 into his hands by virtue of this act, and for rendering to the said superin 
 tendent annually, in the month of October, a just and true account of all his 
 receipts and expenditures by virtue of this act. 
 
 8. The sums hereby appropriated shall be paid out of the income of 
 the United States deposit fund ; and the last two of the several annual pay 
 ments herein provided for, shali not be paid for the Indians residing on either 
 
368 
 
 of the said reservations, unless the Indians on such reservation shall, before 
 such payment in each year, pay into the hands of the persons authorised to 
 receive and expend the moneys appropriated by this act, at least twenty per 
 cent, of the sum authorised to be paid annually for the maintenance of thft 
 school on such reservation ; nor shall any of the said annual payments ex 
 cept the first, be made unless the state superintendent of common schools 
 shall have satisfactory evidence that a school has been kept in said school 
 house for the term of at least six months during the preceding year;, such 
 twenty per cent, shall be expended by such commissioner for the support and 
 maintenance of the school or schools on the reservation, occupied by the 
 Indians paying the same. 
 
 9. The schools organized and established by virtue of this act, shall be 
 subject to the visitation and inspection of the superintendent of common 
 schools of the town and county where the same shall be situated. 
 
 AN ACT making appropriations for building and furnishing school houses, 
 and providing for the education of the children of Indians, residing on the 
 Cattaraugus and Allegany reservations. 
 
 Passed May 7, 1847, "three-fifths being present." 
 
 The People of the State of Neiv York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The sum of three hundred dollars is hereby appropriated for the 
 building and furnishing a school house on the Cattaragiis reservation, and the 
 like sum of three hundred dollars is hereby appropriated for the building 
 and furnishing a school house on the Allegany reservation ; such school houses 
 to be for use, accommodation and education of the Indian children residing 
 on the said reservations. 
 
 3. The sums appropriated by this act. and all appropriations made, 
 or that hereafter may be made for the education of the children of Indians 
 residing on the Cattaraugus and Allegany reservations, shall be paid out of 
 the income of the United States deposite fund, to Chester How, or his suc 
 cessor, on his executing to the people of this state, and filing with the super 
 intendent of common schools, a bond in the penalty of two thousand dollars, 
 with such sureties as shall be approved by the said superintendent, con 
 ditioned for the faithful expenditure of, and accounting for all moneys which 
 shall be received by him under this act ; and he shall, annually, in the month 
 of October, render an account to the comptroller, of all receipts and expen 
 ditures by him. 
 
 . 4. The appropriations made for the education of Indian children re* 
 siding on said reservations, for eighteen hundred and forty-eight, and there 
 after, shall not be expended by the said commissioner, until the chiefs of the 
 Indians residing on said reservations shall pay to the said commissioner, 
 twenty per cent, of the sums so appropriated, respectively, in each year, to 
 be applied by him to the maintenance of the said schools ; nor shall the 
 sums so appropriated be paid to the said commissioner unless the superin* 
 tendent of common schools shall have satisfactory evidence that schools 
 have been kept on the said reservations, respectively, for at least six months 
 during the preceding year. 
 
 5. In case the said Chester Howe shall decline to accept the trust here* 
 by conferred, or to execute the bond hereby required, or in case of his death, 
 inability or resignation, the comptroller of this state may appoint some fit 
 and proper person or persons to supply such vacancy, who, upon executing 
 the bond herein required, shall be entitled to receive and expend the moneys 
 hereby appropriated, and shall account for the same in the manner and upon 
 the conditions herein provided. 
 
 6. The schools established under this act, shall be subject to the visitation 
 end inspection of the county and town superintendents of common schools, 
 of the county and town in which they shall be ^ept. 
 
[Chap, 164, Laws of 18S1, Revived by Chap. 39, Laws of 1848.] 
 AN ACT for the relief of the Shinecock tribe of Indians. 
 
 Passed April 19, 1831. 
 
 1. The superintendent of common schools shall in every year hereafter 
 apportion from school moneys, the sum of eighty dollars in addition to the 
 amount to which the county of Suffolk is now entitled by law ; which sum 
 shall be paid on the first day of February in every year on the warrant of 
 the comptroller to the treasurer of said county. 
 
 2. The treasurer of said county shall apply for and receive the said 
 sum as soon as the same becomes payable, and shall hold the same subject 
 to the order of the town superintendent of common schools of the town of 
 Southampton, whose duty it shall be to receive and expend the same in the 
 payment of the wages of a competent school teacher or teachers, to be by 
 them employed in instructing the children between the ages of five and six 
 teen years, belonging to the Shinecock tribe of Indians residing in said 
 town. 
 
 3. The said town superintendent shall hereafter include in the annual 
 report, a statement of the length of time that a school has been taught in 
 pursuance of this act ; the number of children taught in said school ; the 
 manner in which such moneys have been expended ; and whether any and 
 how much remains unexpended, and for what cause, ana shall pay such bal 
 ances if any, to their successors in office, to be by them expended as herein 
 before provided. 
 
 [Laws c/1851, Chap. 243.] 
 
 AN ACT to provide for the education of the children of the Tuscarora In 
 dians, in tJie county of Niagara. 
 Passed June 20, 1851, "three-fifths being present." 
 
 The People of the State of Neva- York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The sum of two hundred dollars a year, for the term of two years is 
 hereby appropriated for the support of a school or schools to be kept for -the 
 education of the children of the Tuscarora Indians, on the Tuscarora Reser 
 vation, in the county of Niagara. 
 
 2. The sum appropriated by first section of this act shall be paid by the 
 treasurer on the warrant of the Comptroller, as the same may from time to 
 time be wanted, out of the income of the United States Deposite Fund to 
 William Mount Pleasant, on his executing and giving to the people of this 
 State and filing with the Superintendent of common schools a bond with 
 satisfactory sureties, to be approved by the county Judge of the county of 
 Niagara, by an endorsement of such approval upon said bond, conditioned 
 for the faithful expenditure of all moneys paid to him, or which shall come 
 into his hands by virtue of this act and for rendering to said superintenden 
 annually in the month of October, a just and true account of all his receipts 
 and disbursements by virtue of this act. 
 
 $. It shall be the duty of the said William Mount Pleasant to whom 
 the money is from time to time paid by virtue of this act, to expend the same 
 in the payment of teachers for the education of the children of the Indians 
 on the Reservation aforesaid. 
 
 [Laws of 1851, Chap. 361.] 
 
 AN ACT to provide for the education of the children of the Tonawandd In 
 dians in the county of Gcncsee. 
 
 Passed July 1, 1851. "by a two-third vote." 
 
 The People of the State of New York represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The sum of two hundred dollars a year,for two years, is hereby appro 
 priated for the support of a school or schools to be kept for the education of 
 
370 
 
 the children of the Tonawanda Indians, on the Tonawanda reservation, in 
 the county of Genesee. 
 
 2. The sum appropriated by the first section of this act shall be paid by the 
 treasurer, on the warrant of the comptroller, as the same may from time to 
 time be wanted, out of the income of the United States deposite fund, to 
 "William Parker, on his executing and giving to the people of this state and 
 filing with the superintendent of common schools a bond with satisfactory 
 sureties, to be approved by the county judge, of the county of Geuesee, 
 by an endorsement of such approval upon said bond, conditioned for the 
 faithful expenditure of all moneys paid to him, or which shall come into his 
 hands by virtue of this act, and for rendering to said superintendent annu 
 ally, of the month of October, a jj^st and true account of all his receipts and 
 disbursements by virtue of this act. 
 
 3. It shall be the duty of the said William Parker, to whom the mon 
 ey is from time to time paid by virtue of this act, to expend the same in the 
 payment of teachers for the education of the children of the Indians on the 
 reservation aforesaid. 
 
 4. This act shall take effect immediately. 
 
 DISTRICT SCHOOL JOURNAL. 
 
 [Laws of 1841 Chap. 260, as amended by 17 of Chap. 132, Laws of 1843.] 
 
 32. The superintendent of common schools, from year to year, shall be 
 authorised to subscribe for so many copies of any periodical published at 
 least monthly in this state, exclusively devoted to the cause of education, 
 and not partaking of a sectarian or party character, as shall be sufficient to 
 supply one copy to each organized school district in the state ; in which pe 
 riodical, the statutes relating to common schools, passed at the present, or 
 any future session of the Legislature, and the general regulations and decis 
 ions of the superintendent made pursuant to any law, shall be published 
 gratuituously. The said periodical shall be sent to the clerk of each dis 
 trict, whose duty it shall be to cause each volume to be bound, at the ex 
 pense of the district, and the same shall be preserved in the district library 
 for the use of the district. The expense of said subscription, not exceeding 
 twenty-eight hundred dollars annually, shall be paid out of the surplus in 
 come arising from the moneys deposited with this state, by the United 
 States. 
 
 STATE NORMAL SCHOOL. 
 
 [Laws of 1844, Chap. 311.] 
 
 AN ACT for the establishment of a Normal School. 
 
 Passed May 7, 1844. 
 
 The People of the State of New York represented in Senate and Assembly 
 do enact as follows : 
 
 1. The treasurer shall pay on the warrant of the comptroller, to the 
 order of the superintendent of common schools from that portion of the 
 avails of the literature fund appropriated by chapter two hundred and forty 
 one of the laws_ of one thousand eight hundred and thirty-four, to the sup 
 port of academical departments for the instruction of teachers of common 
 schools, the sum of nine thousand six hundred dollars ; which sum shall be 
 expended under the direction of the superintendent of common schools, and 
 the regents of ^the university, in the establishment and support of a normal 
 .school for the instruction and practice of teachers of common schools in the 
 science of education and in the art of teaching, to be located in the county 
 of Albany. 
 
371 
 
 2. The sum of ten thousand dollars shall, after the present year, be 
 annually paid by the treasurer on the warrant of the comptroller, to the 
 superintendent of common schools, from the revenue of the literature fund, 
 for the maintenance and support of the school so established, for five years, 
 and until otherwise directed by law. 
 
 3. The said school shall be under the supervision, management and 
 government of the superintendent of common schools and the regents of the 
 university. The said superintendent and regents shall from time to time, 
 make aH^needful rules and regulations, to fix the number and compensation 
 of teachers and others to be employed thereto, to prescribe the preliminary ex 
 amination and the terms and conditions on which pupils shall be received and 
 instructed therein, the number of pupils from the respective cities and coun 
 ties, conforming as nearly as may be to the ratio of population, to fix the lo 
 cation of the said school, and the terms and conditions on which the grounds 
 and buildings therefor shall be rented, if the same shall not be provided by 
 the corporation of the city of Albany, and to provide in all things for the 
 good government and management of the said school. They shall appoint a 
 board consisting of five persons, of whom the said superintendent shall be 
 one, who shall constitute an executive committee for the care, management 
 and government of the said school under the rules and regulations prescrib 
 ed as aforesaid, whose duty it shall be from time to time to make full and 
 detailed reports to the said superintendent and regents, and among other 
 things to recommend the rules and regulations which they deem necessary 
 and proper for the said school. 
 
 4. The superintendent and regents shall annually transmit to the legis 
 lature a full account of their proceedings and expenditures of money under 
 this act, together with a detailed report by said executive committee of the 
 progress, condition and prospects of the school. 
 
 [Laws of 1850, Chap. 89.] 
 
 1. The treasurer shall pay on the warrant of the comptroller to the 
 order of the state superintendent of common schools, from the general fund, 
 a sum not exceeding one thousand dollars per year for the support and edu 
 cation of ten Indian youth in the State Normal School. 
 
 2. The selection of such youth shall be made by the state superinten 
 dent of common schools from the. several Indian tribes located within the 
 state ; and in making such selection, due regard shall be had to a just par 
 ticipation in the privileges of this act by each of the said several tribes, and 
 if practicable, reference shall also be had to the population of each of said 
 tribes in determining such selection. 
 
 3. Such youths shall not be under sixteen years of age, nor shall any of 
 such youths be supported or educated at said Normal School for a period ex 
 ceeding three years. 
 
 4. The executive committee of the State Normal School shall be the 
 guardians of such Indian youths, during the period of their connection with 
 the school, and shall pay their necessary expenses, not exceeding one hundred 
 dollars per year for each pupil to be defrayed out of the money appropri 
 ated by the first section of this act. 
 
 5. The Indian pupils selected in pursuance of this act, and attending 
 said Normal School, shall enjoy the same privileges of every kind, as the 
 other pupils attending said school, including the payment of travelling ex 
 penses, not exceeding ten dollars to each pupil. 
 
372 
 TEACHERS INSTITUTES. 
 
 [Laws of 1847, Chap. 361.] 
 AN ACT for the establishment of teachers institutes. 
 
 Passed November 13, 1847, "three-fifths being present." 
 
 The People of the State of New York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The treasurer shall pay, on the warrant of the comptroller, to the 
 order of the several county treasurers of this state, the several sums of mon 
 ey hereinafter ^tientioned, not exceeding sixty dollars annually to any one 
 county, from the income of the United States deposite fund, to be expended 
 for the use and benefit of teachers institutes as hereinafter provided. 
 
 2. Whenever a majority of town superintendents of common schools 
 in any county hi this state unite in a recommendation, and file with the 
 county clerk thereof a certificate, signifying their desire that a teacher s in 
 stitute should be organized in such county, for the instruction and improve 
 ment of common school teachers for such county, it shall thereupon be the 
 duty of such clerk forthwith to appoint three town superintendents of the 
 county, and notify them of their appointment, to constitute an advisory com 
 mittee, to make the necessary arrangements for organizing and managing 
 such institute, and such clerk shall also immediately give such public notice 
 in such manner as he may deem most proper to the teachers of common 
 schools of the county, and to others who may desire to become such, specify 
 ing a time and place when and where the teachers may meet and form such 
 institute. 
 
 3. Whenever any institute shall have been organized as herein provid 
 ed, it shall be the duty of said committee, and they shall have power to se 
 cure two or more suitable persons to lecture before such institute upon sub 
 jects pertaining to common school teaching and discipline, and various edu 
 cational subjects which may be deemed calculated to qualify common school 
 teachers, and to elevate the profession of teaching and to improve common 
 schools ; and said committee shall keep an accurate account in items, of the 
 necessary expenses of such institute in procuring said lecturers, and other 
 wise, and shall verify said account by affidavit, and deliver the same to the 
 county treasurer, to be audited by and filed with him when application shall 
 be made to such treasurer, as hereinafter provided. 
 
 4. Whenever any county treasurer shall receive satisfactory evidence 
 that not less than fifty, or in counties of under thirty thousand population, 
 then not less than thirty teachers and individuals intending to become teach 
 ers of common schools within one year, shall have been in regular attendance 
 on the instructions and lectures of the institute in the county during at least 
 ten working days, he shall audit and allow the account which shall be pre 
 sented to him by the committee as aforesaid, and shall pay over to said com 
 mittee the amount so audited and allowed, not exceeding sixty dollars in 
 any one year, to be disbursed by said committee in paying the expenses in 
 curred by the institute as aforesaid. 
 
 5. Every such committee shall annually transmit to the state superin 
 tendent of common schools, a catalogue of the names of all persons who 
 shall have attended such institute, with such other statistical information and 
 within such time as may be prescribed by said state superintendent. 
 6. This act shall take effect immediately. 
 
373 
 
 i 
 
 LIBRARY MONEYS. 
 
 [Laws of 1851. Chap. 425.] 
 
 AN" ACT to amend the act entitled, "An act to establish free schools through 
 out the State" 
 
 Passed July 9, 1851. 
 
 The People of the State of New- York, represented in Senate and Assembly, 
 do enact as follows : 
 
 1. The Act entitled, "An act to establish free schools throughout the 
 State," passed April 12, 1851, shall not be so construed as to prevent or pro 
 hibit the distribution and application of library money, in the manner hereto 
 fore prescribed by law. 
 
 2. Nothing in this act contained, shall be .so construed as to require the 
 board of supervisors of each county, to raise a sum of money for library pur 
 poses, equal to the sum which it will receive from the state. 
 
 3. This act shall take effect immediately. 
 
 WEBSTER S DICTIONARY. 
 
 [Laws of 1851. Chap. 449.] 
 
 AN ACT to authorize the Superintendent of Common Schools to purchase 
 Webster s Unabridged Dictionary for the Common School Districts of 
 this State. 
 
 Passed July 9, 1861. 
 
 The People of the State of New- York, represented in Senate and Assembly, do 
 enact as follows : 
 
 1. The state superintendent of common schools shall cause notice to be 
 given, by circular, to one or more of the trustees of the several school districts 
 in this state, on or before the first day of December next, which circular shall 
 state the terms, and the funds out of which the same is to be paid ; that Web- 
 sters Unabridged Dictionary will be purchased by him, for each of the school 
 districts in this state, entitled to participate in the distribution of public mon 
 eys for the support of common schools : provided such district shall notify the 
 town superintendent of common schools of their respective towns, in writing, 
 to be signed by a majority of the trustees of any school district that said Dic 
 tionary is wanted by the district giving such notice : such notice to be deliver 
 ed to such town superintendent before the first day of January next. 
 
 2. The town superintendent of common schools in each of the towns in 
 this state, shall, on or before the fifteenth day of January next, make out and 
 deliver to the county clerk, a complete list of all the school districts in their 
 several towns : stating the number of such districts, and shall annex to the 
 number of each desiring to purchase Webster s Unabridged Dictionary, that 
 such district desires to purchase said dictionary, and shall file a copy of such 
 list in the office of the t<.,wn clerk of their respective towns, on or before the 
 fifteenth day of January next. 
 
 3. The county clerk of each of the several counties of this State, shall 
 transmit such lists on or before the first day of February next, to the state 
 superintendent of common schools. 
 
 4. The state superintendent of common schools is authorized to pur 
 chase of the publishers of Webster s Quarto Unabridged Dictionary, such 
 number of said work as shall be sufficient to supply all the said school dis 
 tricts in the state which shall be found reported upon such lists as desire to 
 purchase the same ; such Dictionaries shall be the latest edition of Web 
 ster s Quarto Unabridged Dictionary, print ed on superior paper, well bound 
 
374 
 
 in leather, and in all respects perfect ; the price to be paid shall not exceed 
 four dollars per volome ; and shall be paid for out of the public monies which 
 shall be apportioned to the several school districts of the state for which the 
 same shall be purchased, one half thereof in the year 1852 and one half 
 thereof in the year 1853, and the contract for such purchase of the said pub 
 lishers shall provide for such terms of payment, and the number of Diction 
 aries so purchased shall be delivered to the state superintendent of common 
 schools, before the first day of April, 1852, and shall be by him delivered to 
 the town superintendent of common schools of the respective towns, before 
 the first day of May, 1852. 
 
 5. The said town superintendent shall deliver such Dictionary to the 
 trustees of each of the said several districts in their respective towns for 
 which they shall be purchased as soon thereafter as shall be practicable, and 
 shall retain in his hands the sum of two dollars out of the library monies 
 apportioned to such districts in the year eighteen hundred and fifty-two, and 
 such sum out of the library monies, to be apportioned to such district in the 
 year eighteen hundred and fifty-three, as shall be sufficient to pay the balance 
 of the purchase price of such Dictionary, not exceeding the sum of two dol 
 lars, and shall deposite the same immediately thereafter with the treasurer 
 of their respective counties, and take a receipt for the same and deliver such 
 receipt to the county clerk of their respective counties, to be forwarded by 
 such county clerk to the state superintendent of common schools. 
 
 6. The monies so deposited with the treasurers of the respective coun 
 ties shall be subject to the order of the state superintendent of common 
 schools, and shall be by him received and paid to the publishers of said Dic 
 tionaries upon his contract for the same. 
 
 7. Such dictionary shall be kept in the libraries of the librarians of 
 the several school districts of this state, during the time there shall be no 
 school taught in said district, and subject to the same rules that are applicable 
 to other books in school district libraries ; and during the time a school shall 
 be taught therein the said dictionary shall be under the control of the teach 
 er for the time being, and be kept and used in said school. 
 
 PROCEEDINGS OF SCHOOL DISTRICTS UNDER ACT 
 
 OF 1849. 
 
 [Laws 0/1851. Chap. 500.] 
 
 AN ACT to legalize the acts of the several School Districts of the State, 
 providing for the support of Common Schools. 
 
 Passed July 10, 1851. 
 
 The People of the State of New York, represented in Senate and Assembly 
 do enact as folloivs : 
 
 1 All the acts of the several school districts of this state, providing for the 
 raising of moneys by tax, for the support of common schools therein, during 
 the years, one thousand eight hundred and forty-nine, one thousand eight hun 
 dred and fifty, and prior to the first day of May, one thousand eight hundred 
 and fifty-one ; and all the acts of the trustees of said districts, providing for 
 the raising of moneys by tax, for the support of common schools in said dis 
 tricts, for the term of four months during each of said years, prior to the first 
 day of May, 1851, so far as the same are in accordance with the act of March 
 26, 1849, entitled "An act establishing free schools throughout the state," and 
 the acts amendatory thereof, are hereby declared legal and valid. 
 
 2. Nothing in this act shall be construed to affect any suits which have 
 been commenced against ai*y trustee, or other officers of said districts, during 
 said years, nor affect or impair any rights of action now existing. 
 
 3. This act shall take effect immediately. 
 
375 
 ERRATUM. 
 
 Page 342, Paragraph VII " Annual Report of Trustees," in the 4th line 
 substitute " 116, (No. 186") for " 115, (No. 137.") 
 
 In Subdivisions 3 and 4of same head strike out the words " the name and 
 age of each child," so as to make the same conformable to the lawat page 
 122. 
 
 TO TRUSTEES AND TOWN SUPERINTENDENTS. 
 
 This volume is to be regarded as the property of the district or 
 town to which it is sent, and of the Trustees or Town Superintend 
 ent, ^ their official capacity : and is to be delivered, at the expi 
 ration of their official term, to their successors in office. When not 
 required for present use by the trustees, it should be deposited with 
 the District Clerk. 
 
 THE END. 
 
 
 .81? I .801 ....:,. . ( 98ta(ni lo iod. 
 
 .8*1 ,801 ,.,...v*M L>au .Dddto- 
 ,801 pSeziteubfw 
 .,..; . 
 
 Ml <SBJ[ ,3it. t teX. ,dM ,801 
 
 it e 
 
 ?i s sri. t f 
 n .\.si 
 
 ^i ,cll . 
 
INDEX, 
 
 A. 
 
 ACADEMY. 
 
 Children attending, where to be enumerated by trustees of districts, 243. 
 
 ACCOUNT BOOKS. 
 
 For receipts and disbursements of trustees, and property of districts, 
 
 when and how to be procured 120, 199. 
 
 ADMINISTRATORS. See Executors and Administrators. 
 AGENT. 
 
 Land occupied by, when taxable to non-resident owner, 212. 
 
 ALBANY, City of, 
 
 Laws respecting common schools in, 279. 
 
 ALIENS. 
 
 Qualifications of, as voters at school district meetings, 110, 193. 
 
 ALLEGANY AND CATTARAUGUS RESERVATIONS. 
 
 Act to provide for the education of Indian children on, 368. 
 
 ALTERATION OF SCHOOL DISTRICTS See School Districts. 
 
 When to take effect, when made without consent of trustees, 108. 143. 
 
 Not to be made to take effect between the 1st of Dec. and May,.... 108, 143. 
 Consent of trustees to, when and how to be given and notice to, 108, 143, 144. 
 
 General principles applicable to, 148. 
 
 In joint school districts, how to be made, 108, 146, 147, 148, 183, 184. 
 
 AMHERST. See Williamsville. 
 
 ANNUAL MEETINGS. 
 
 Time and place of holding, when and how to be fixed,... Ill, 112, 178, 179. 
 
 Special annual meeting, when to be held, 111,112,178,201. 
 
 Proceedings of not to be invalidated by want of due notice &c... . 112, 179. 
 
 Notice of time and place of to be given by district clerk, 115, 178, 258. 
 
 "When notice of to be given by trustees, 115,178. 
 
 When notice may be given by inhabitants, Ill, 112, 201, 178. 
 
 Adjournment of when authorized, 179. 
 
 Form of notice for, 258, 259. 
 
377 
 
 Page. 
 
 ANNUAL REPORTS. 
 
 Of the state superintendent, what to contain, 96. 
 
 Of town superintendents, when to be made and what to con 
 tain, 104, 105, 164 to 166, 174. 
 
 Of trustees of districts to be recorded by district clerk, 114. 
 
 Of trustees, when to be made and what to contain, 122, 123, 242, 243 to 248. 
 
 Of county clerk, when to be made and what to contain 127. 
 
 When to be returned to trustees, by town superintendents, for 
 
 correction, 154. 
 
 ANNULMENT OF DISTRICTS. 
 
 Proceedings of town superintendent on, and disposition of district 
 
 property and monies 109, 145, 146. 
 
 APPARATUS. See School Apparatus. 
 APPEALS. 
 
 When authorized to be made to state superintendent, 124. 
 
 Town superintendents to furnish answers to, 169. 
 
 Regulations respecting, 274 to 278. 
 
 APPENDAGES TO SCHOOL HOUSES. 
 
 Taxes for, how and when to b.e levied, 111. 
 
 Trustees to furnish from funds raised for that purpose, 115. 
 
 Wood-house, fence and bell may be procured by tax, 190. 
 
 APPORTIONMENT OF PROPERTY. 
 
 On annulment of school districts, when and how to be made, 109, 146. 
 
 APPORTIONMENT OF SCHOOL MONEY. 
 
 By state superintendent, how and when to be made, 92, 97, 98, 103, 139, 140. 
 
 On the division of towns, or erection of new towns, 98, 99. 
 
 To be certified to comptroller and notice to county clerks, 99. 
 
 By Town Superintendents, how and when to be 
 
 made, 92,93,98, 102, 103, 149 to 154. 
 
 Notice of to be filed by county clerk an% certified to county 
 
 treasurer and board of supervisors.... 100. 
 
 On the alteration or division of districts subsequent to the date of 
 
 their annual report, ...., 103, 104. 
 
 On the formation of districts previous to the date of such report,... 104. 
 
 ASSESSMENT AND COLLECTION OF TAXES. See Taxes, 
 
 Tax-lists, Trustees of School Districts. 
 
 General provisions respecting, 117, 118, 119, 201 to 219. 
 
 Proceeding for equalization of in joint districts, 113. 
 
 Valuations of taxable property, how ascertained, 119, 209 to 215. 
 
 Proceedings on claim for reduction, and when valuation cannot be 
 
 ascertained from last assessment roll of town, 119, 209, 210 to 212. 
 
 ASSESSMENT ROLL OF TOWN. 
 
 Proceedings for the equalization of, in joint districts, 113. 
 
 Valuations of taxable property, to be ascertained from, 119, 209, 210, 212, 213. 
 Errors in, when and how to be corrected by trustees in assessment 
 
 of district tax, 212. 
 
 In joint districts, valuations how to be ascertained from........ 212* 
 
378 
 
 Page. 
 
 AUBURN, City of. 
 
 Laws respecting common schools in, 281. 
 
 AUTHENTICATIONS. 
 
 Of papers filed with state superintendent and of acts and deci 
 sions of, 97. 
 
 AYES AND NOES. 
 
 To be taken on vote to levy tax for building school house by in 
 stalments, 112. 
 
 On change of site of unaltered district,..., .,. 113> 168. 
 
 Form of list of voters for use of district clerk, 191. 
 
 B. 
 
 ITl A 
 
 BANKS AND BANKING ASSOCIATIONS. 
 
 Liability of to taxation for school district purposes 207. 
 
 BELL. 
 
 Tax may be voted for, by inhabitants of districts, 190. 
 
 BLACK BOARDS. 
 
 Taxes authorized to be levied for purchase of. 1 1 1 , 1 80. 
 
 "When library money may be applied to purchase of, 125, 182. 
 
 BLANK BOOK. 
 
 For recording proceedings of districts, how & when to be purchased, 111. 
 
 For receipts and disbursements of trustees, property of district 
 
 and teachers lists, .. . . 120, 199, 231. 
 
 BOARD. 
 
 Of teachers, how to be provided for, 222, 223. 
 
 BOARD OF SUPERVISORS. 
 
 Duty of in assessment and collection of state tax, 92, 97, 139. 
 
 Clerk of to transmit to state suprintendent, certificate of proceed-. 
 
 ings of, "h vj-ii " 
 
 Clerk of to lay copy of notice of apportioning of school money before, 100. 
 
 Duty of on return by trustees of taxes on non-resident property 
 
 in school districts, 118, 119. 
 
 To audit, allow and certify accounts for costs and expenses of suits 
 
 brought by or against trustees and other officers of school districts, 129. 
 
 BRIDGE COMPANIES, 
 
 _ . . ,1 ...... ... . nl o 
 
 Liability of to taxation for district purposes, 
 
 Toll house and gate of, including lot, how taxable, 214. 
 
 BROOKLYN, City of. 
 
 Laws respecting common schools in, 286- 
 
 BUFFALO, City of. 
 
 T V IT- 9RQ 
 
 Laws respecting common schools in, ^0"- 
 
 BUSHWICK, Town of. 
 
 , . _.. 
 
 Aet to provide for free schools in, 291. 
 
 k> 
 .212 i 8 8-toht2ib I 
 
379 
 
 Z, c .;,;;j^ ;: c. 3S!2S^: r : 
 
 CATALOGUE. 
 
 Of books in district libraries, when and how to be furnished by 
 
 trustees, 151, 154, 200, 265. 
 
 .CATTARAUGUS AND ALLEGANY RESERVATIONS. 
 
 Act to provide for the education of Indian children residing in,... . 368. 
 
 CERTIFICATES OF QUALIFICATION. 
 
 By state superintendent, in what cases to be granted 96. 
 
 Powers and duties of town superiullndents in granting and an 
 nulling, 107, 108, 154 to 160. 
 
 To teachers in joint districts, by whom to be granted and an 
 nulled, 107, 155, 158. 
 
 Form of/and of instrument for annulment of, 174. 
 
 CHALLENGES. 
 
 Of votes in district meetings, when and by whom to be raadej.iWi yf ; 110. 
 
 Declaration to be made, effect of, and penalty for false declaration-, "llO. 
 
 CHAMBERLAIN of the City of New- York. 
 
 Share of school money to be paid over to, 100. 
 
 Duty of in applying for and receiving the same, .U Jll" 100. 
 
 CHILDREN. 
 
 Enumeration of by trustees in annual report, 122, 123, 243, 244. 
 
 Entitled to attend the schools of the district in which enumerated, 123, 232. 
 
 Rooms to be hired, temporarily, for accommodation of, when 
 necessary,. ^. 123, 221. 
 
 Of non-residents, when to be admitted into district school, 92, 128,138. 
 
 Attending an academy, where to be enumerated, .Uyil &.itt :u; 248- 
 
 CLERK OF BOARD OF SUPERVISORS. 
 
 To transmit to state superintendent copies of proceedings of Board 
 
 relative to school moneys, 99. 
 
 To lay before Board, copy of notice of apportionment from coun- : 
 
 ty Clerk,...., -....t.MW- 100. 
 
 CLYDE HIGH SCHOOL. 
 
 Act respecting, ....:. .,^r^U^CJ,^.^ - 292. 
 
 COHOES, Village of. 
 
 Act to establish free schools in, .....; 293. 
 
 COLLECTOR. See District Collector. 
 
 COLORED CHILDREN. 
 
 Schools for, when and how to be established, and provision for 
 
 support of, 130, 131, 152, 230, 255, 256. 
 
 COMMON SCHOOL LAWS & DECISIONS. 
 
 Directions respecting the use and preservation of volumes of sent to 
 
 the several districts^ 260. 
 
 COMMON SCHOOL FUND. 
 
 Money paid into treasury on account of, to be credited with interest, 99, 139. 
 
 Distribution of, when and how to be made, 100, 139. 
 
 Capital and revenues of, , *.,..... 138. 
 
380 
 
 COMMON SCHOOL SYSTEM. 
 
 Origin, Progress and Present Condition of, 5 to 90. 
 
 General Outlines of, 85. 
 
 COMPTROLLER. 
 
 Certificate of apportionment of school moneys to be given to, 99, 140. 
 
 Authorized in conjunction with superintendent, to withhold public 
 
 money in certain cases, 99. 
 
 To credit common school fund with interest on payments into the 
 
 Treasury, .. 99. 
 
 Duty of on return of non-resident taxe^by county treasurer, 119. 
 
 CONSOLIDATION OF DISTRICTS. 
 
 Effect of on rights of property, 108,145,146. 
 
 CORPORATIONS. 
 
 Liability of to taxation for district purposes, 117, 118, 203, 206, 216. 
 
 COSTS. 
 
 Of suits brought by or against school officers, provisions respect 
 ing, 128, 129, 169. 
 
 COUNTY CLERK. 
 
 Duty of relative to certificate of apportionment of state tax, 92, 97, 139. 
 
 Notice of apportionment to begiven to, 99. 
 
 To file notice of apportionment by state supt. and transmit a copy 
 
 to county treasurer, 100. 
 
 Annual report of the state superintendent, when to be made and 
 
 what to contain, 127. 
 
 Penalty for refusal or neglect to make such report, 127. 
 
 To notify town clerk of neglect of town superintendent to trans 
 mit annual report, 128. 
 
 Duty of in reference to the organization of teachers institutes, 372, 
 
 Duty of under act to provide for the purchase of Webster s diction 
 ary for the use of the several school districts, 373. 
 
 COUNTY POOR HOUSE. 
 
 Children supported in, not to be included i%annual report of trus 
 tees, 122,243. 
 
 COUNTY SUPERINTENDENT OF COMMON SCHOOLS. 
 
 Efforts for establishment of office of, - 44,45, 47. 
 
 Appointment of provided for, 50. 
 
 Administration of, 52 53. 
 
 Office of abolished...... 65. 
 
 Recommendations for its restoration, 68, 71, 76,77,79. 
 
 COUNTY TREASURER. 
 
 Avails of state tax to be paid over to, 92,97. 
 
 Dividends of common school fund when to be paid to, . 100. 
 
 Duty of in application for, receipt and disbursement of the same, 100. 
 
 To give notice to town superintendent or commissioners, 100. 
 
 Moneys when to be returned to by town superintendent 104. 
 
 To give notice of loss of school money occasioned by neglect of 
 town supt 105. 
 
381 
 
 Page. 
 
 Duty of on return by trustees of unpaid taxes on non-residents, 118. 
 
 Cannot deduct commission from public moneys paid over to them, 140. 
 
 Commission of, bow payable, 140. 
 
 Duty of on return of taxes on leasehold property, 207. 
 
 Duty of, in relation to expenses of teachers institutes, 372. 
 
 COURSE OF INSTRUCTION. 
 
 Town superintendent to advise and consult with trustees in reference 
 
 to, &c.,..., 108, 162 to 164. 
 
 i 
 
 D. 
 
 DECLARATION. 
 
 To be mabe by persons challenged at school district meeting, 110. 
 
 Effect of, and penalty for false declaration, 110. 
 
 DEED. 
 
 Of Schoolhouse and site, when to be executed by trustees, and 
 effect of, 113. 
 
 DEFICIENCIES. 
 
 In tax list or rate bills, how to be supplied, 116, 183 
 
 DELHI, village of, 
 
 Act relative to schools in, 297. 
 
 DEPUTY SUPERINTENDENT OF COMMON SCHOOLS. 
 
 How appointed, power and duties of, 95. 
 
 DISCIPLINE AND CONDUCT OF SCHOOL. 
 
 Town superintendent to consult with trustees in reference to, 108, 162. 
 
 DISSOLUTION OF DISTRICTS. 
 
 Duty of town superintendents and trustees in case of, 108, 109. 
 
 Effect of,in joint districts, 148. 
 
 DISTRICT CLERK. 
 
 Trustees of school districts ineligible to the office of, 102, 
 
 When and how to be chosen,.. HI. 
 
 To give notice of special annual and adjourned district meeting, 114, 258, 259. 
 
 When to notify special meeting for the election of district 
 
 officers, Ill, HO, 258. 
 
 Powers and duties of, 114, 115, 191, 192, 258. 
 
 Vacancy in office of, how to be filled, 114. 
 
 Penalty for refusing to serve or neglect of official duties, 114. 
 
 Resignation of, how and to whom to be made, and notice of, 1 14. 
 
 To preserve district records, books and papers and deliver to suc 
 cessor in office, H5_ 
 
 To file certificate of exemption by trustees of indigent persons,... 116. 
 
 To file and record annual account of trustees of money received 
 
 and expended, > 124. 
 
 Penalties and forfeitures for wilful neglect of official duty by ; and 
 
 how collected, 115,128, 169,248, 260 
 
 Removable, from office by state superintendent, 131, 166, 248* 
 
382 / 
 
 Page. 
 
 Provision for costs and expenses of suits brought by and 
 
 against, 128, 129, 169. 
 
 Duty of, in entering and recording proceedings of district meeting 
 
 and forms for use of, 114,191, 192,258,259. 
 
 Forms of minutes of district meeting for use of, 192. 
 
 Forms of notices by, for annual, special and adjourned district 
 meetings, 258, 259. 
 
 To forward to town clerk names of district officers, 259. 
 
 Duties of, in reference to District School Journal, 259, 260. 
 
 DISTRICT COLLECTOR. 
 
 When and how to be chosen, 111. 
 
 Vacancy in office of, how to be filled, 114. 
 
 Penalty for refusal to serve, or neglect of official duty, 114. 
 
 Resignation of, how and to whom to be made, and notice of, 114. 
 
 Trustees of district not eligible to office of, ; 263. 
 
 Powers and duties of, in execution, of warrants for collection of 
 
 rate bills, 93,116,218, 219, 228, 262, 263, 264. 
 
 Duty of, in the collection of taxes against non-resident, unoccupied 
 and unimproved lands, 118, 207. 
 
 Duty of in the collection of .district taxes, percentage of, and mode 
 
 of procedure, 119, 120, 218, 219,260, 261,262,263,264. 
 
 Forfeiture of, for neglect of duty and how to be recovered and ap 
 plied,....- 120. 
 
 Jurisdiction of, in the execution of warrants for collection of dis 
 trict taxes, 120, 218, 260, 262, 263, 264. 
 
 Bond to be required of, 257,260. 
 
 Bail or sureties of, liable for moneys received or collected by, 120. 
 
 Penalties and forfeitures for wilful neglect of official duty by, and 
 how collected, 128, 169, 248. 
 
 Removable from office by state superintendent for embezzlement 
 or Avilful neglect of official duty, 131, 166, 248. 
 
 Provision for costs and expenses of suits brought by and against, 128, 129, 169. 
 
 Liability of, in the execution of process, 151, 262. 
 
 Eligibility of teacher to office of, 262, 
 
 DISTRICT LIBRARIAN. 
 
 When and how to be chosen, Ill, 264. 
 
 Vacancy in office of, how to be filled, 114,264. 
 
 Penalty for vefusal to serve, or neglect of official duty, 114. 
 
 Resignation of, how and to whom to be made, and notice of, 114. 
 
 To be subject to the direction of trustees and removable by 
 
 them, - 125, 126, 264. 
 
 Powers and duties of, in reference to district library, 241, 264, to 270. 
 
 DISTRICT LIBRARIES. 
 
 History of establishment and organization of, 27,31, 32, 37, 39, 42. 
 
 Tax for purchase of, authorized, 125, 182, 183, 190. 
 
 Appropriation for, 125, 139. 373. 
 
383 
 
 Paffe. 
 
 Trustees of district to be trustees of, 125. 
 
 Powers, duties and liabilities of trustees and librarian 
 
 of, 125,126, 233 to 242, 264 to 270. 
 
 General principles applicable to the selection of books for, 234 to 240. 
 General regulations respecting preservation of, to be made by state 
 
 supt 126, 264. 
 
 Powers and duties of trustees of in the imposition and collection of 
 
 fines, , ... 126, 240, 241, 242, 264. 
 
 "When libraries of two or more districts may be united, 126, 183, 265. 
 
 When library may be selected by state superintendent, 126,183. 
 
 Liability of trustees for neglect of, and loss of books from, 125, 126. 
 
 Catalogue of, and number of books when and how to be made and . 
 
 furnished by trustees, 151, 154, 199, 200, 240, 265. 
 
 Regulations of state superintendent for preservation and use of 
 
 books in (fee., 240 to 242, 267 to 270. 
 
 When authorized to be placed in charge of teacher, 273. 
 
 DISTRICT MEETINGS. See Annual Meeting, Inhabitants of 
 
 school districts Special Meeting. 
 
 Notice of, when and how to be given, on the formation of dis 
 trict, 169, 110, 144. 
 
 Duty of inhabitants to attend, 110. 
 
 Qualifications of voters in, 110, 193. 
 
 Challenges how and by whom to be made ; declaration and effect 
 of, and penalty for false declaration, and for voting at, without 
 
 being qualified, 110, 194. 
 
 Powers and duties of inhabitants entitled to vote in, 109, 111, 115, 178, to 195. 
 
 Alteration, modification or repeal of proceedings of, Ill, 194. 
 
 Notice of, to state the purposes for which called, Ill, 200, 258. 
 
 Annual meetings, when and where to be held, and time and place 
 
 of, when to be fixed, Ill, 112, 178, 179, 258. 
 
 Special meetings for election of district officers, when and by whom 
 
 to be called, Ill, 112, 178, 201. 
 
 Proceedings of, not to be invalidated by want of notice &c., 112, 179, 258. 
 
 Proceedings of, to be recorded by district clerk, 114, 258., 
 
 Notice of time and place of, to be given by district clerk, 115, 200, 258. 
 
 When notice of, to be given by trustees, 115. 
 
 Appeals to state superintendent from proceedings of, etc., 124, 275 to 278. 
 
 Mode of proceeding in, 190 to 193. 
 
 Mode and form of keeping minutes and record of proceedings of, 191, 192. 
 
 Form of notice for annual and adjourned, 259. 
 
 DISTRICT SCHOOL JOURNAL. 
 
 To be forwarded by mail to the clerk of each district, 259, 370. 
 
 Duty of district clerk in reference to 259,260,370. 
 
 DISTURBANCES IN SCHOOL DISTRICT. 
 
 Penalties for, how collected and applied, 130, 256/257. 
 
384 
 
 -.: E - 
 
 EMBEZZLEMENT. 
 
 Of public money by town superintendents or other school officers 
 
 penalty for, 131. 
 
 ENUMERATION OF CHILDREN. 
 
 How to be made in annual reports of trustees, 122, 123, 243, 244. 
 
 EQUALIZATION OF TAXES. 
 
 Proceedings for, in the case of joint districts, 113. 
 
 ERRORS AND OMISSIONS. 
 
 Equitable power of state superintendent in case of, 103, 198. 
 
 In tax list and rate bills, when and how to be corrected, 121, 202. 
 
 In reporting names of district officers to town clerks, not to inval 
 idate election, 259. 
 
 EXECUTORS AND ADMINISTRATORS. 
 
 Liability of, to taxation for school district purposes, 214, 215. 
 
 EXEMPTIONS. 
 
 Of indigent persons from payment of teachers wages, wholly or 
 in part, 93, 116, 224 to 230. 
 
 How certified and collected by trustees, 93, 116, 224, to 230. 
 
 Of property from levy and sale on warrants for collection of rate 
 
 bills, 93, 117, 228. 
 
 Of inhabitants in certain cases, from tax for building school houses, 119, 215. 
 
 F. 
 
 FENCE. 
 
 Tax may be voted for by inhabitants of district, 190. 
 
 FLUSHING. 
 
 Act to establish free schools in town of, . , 298. 
 
 FORFEITURES. See Penalties and Forfeitures. 
 
 To be sued for, recovered and applied by town superintendent, 102. 
 
 To be sued for recovered and applied by trustees of district, 120. 
 
 FORMATION OF SCHOOL DISTRICTS See School Districts, 
 Town Superintendents. 
 
 General principles applicable to, 148. 
 
 Form of resolution for, t 111. 
 
 FORMS PRESCRIBED BY SUPERINTENDENT. 
 
 Of bond to be given by town, superintendent to supervisor, 170. 
 
 Of resolution for formation of new district, 171. 
 
 Of notice to trustees not giving their consent to alteration of dis 
 trict 172. 
 
 Of notice of the first meeting of a district for organization, 172. 
 
 Of resolution for the alteration of a district, 173 
 
 Of proceedings in the formation or alteration of a joint district 174. 
 
 Of certificates of qualification to teachers by town superintendent, 17-i 
 
 Of instrument annulling teachers certificate, 174 
 
385 
 
 Page. 
 
 Of annual report of town superintendent, 174. 
 
 Of resolution for raising a tax for erection of school houses 187- 
 
 Of list of ayes and noes for taking votes in school districts, 191. 
 
 Of minutes to be kept by district clerk of proceedings of district 
 meeting, 192. 
 
 Of minutes to be kept by district clerk of proceedings of district 
 meeting in reference to change of site of school house in unal 
 tered district, 192. 
 
 Of district tax list and warrant, 217,218. 
 
 Of assessment for teachers wages, certificate of exemption, rate bill 
 
 and warrant 226, 227. 
 
 Of annual reports of trustees of school districts, 244. 
 
 Of annual report of trustees of joint districts, 246. 
 
 Of bond to be given by district collector, .- 257. 
 
 Of notices for annual, adjourned and special district meetings, 258, 259. 
 
 FREE SCHOOLS. 
 
 History of the establishment and organization of, 62, 63, 67, 68, 69, 71 to 85. 
 
 Act for establishment of, throughout the state, 92. 
 
 In the village of Bushwick act for the establishment of, 291. 
 
 In the village of Cohoes, 293. 
 
 In thetown of Flushing 298. 
 
 In the town of Lansingburgh, s 304. 
 
 In the town of Newtown, 310, 318. 
 
 In the village of Poughkeepsie, 330. 
 
 In the city of Troy, 351, 356, 357. 
 
 FUEL. 
 
 Taxes for, authorized to be levied, Ill, 
 
 Trustees to furnish, from funds collected therefor, from the district, 115. 
 
 When trustees to provide and levy a district tax therefor, 120, 216. 
 
 Cannot be provided but by voluntary arrangement in any other 
 
 mode th^n that prescribed by law, 190,216. 
 
 G. 
 
 GENERAL DEPUTY SUPERINTENDENT. 
 
 To be appointed by the state superintendent ; powers and duties of, 96. 
 
 GLENS FALLS. 
 
 Act to unite the libraries of the several districts in the village of, -300. 
 
 GLOBES. 
 
 Taxes authorized to be levied for purchase of, Ill, 180. 
 
 When library money may be applied to purchase of, 125, 151, 182. 
 
 GOSPEL AND SCHOOL LOTS. See Trustees of gogpel and school lots. 
 
 Provisions respecting, 132, 133. 134, 141, 142, 151, 198. 
 
 Powers and duties of trustees of, 133,134. 
 
 Application by trustees of funds arising from, 198. 
 
 GUARDIANS. 
 
 Liability of to taxation for school district purposes,... 214, 215. 
 
 35 
 
386 
 
 ^ T .... : ....:... H . ^^ * 
 
 HOLIDAYS. 
 
 On what, school may be dismissed, .......................................... 274. 
 
 HUDSON CITY. 
 
 Act in relation to common schools in, .................. . ........... . ________ SQL 
 
 I. 
 
 INDIAN CHILDREN. 
 
 Trustees not to include in annual report, 123. 
 
 Act to provide for the education of, in State normal school, 371. 
 
 INDIAN SCHOOLS. 
 
 Act to provide for the education of the children of the Onondaga 
 
 and St. Regis tribes of Indians,. 367. 
 
 Do. for Indian children on the Allegany and Cattaraugus reservations, 368. 
 
 Do. for children of the Shinecock tribe in Southampton, Suffolk Co., 369. 
 
 Do. for the children of the Tuscarora Indians in Niagara County, 869. 
 
 Do. for the children of the Tonawanda Indians in the county of 
 
 Genessee, 869. 
 
 INDIGENT PERSONS. 
 
 To be exempted by trustees from payment of teachers wages, whol- 
 * ly or in part ; and exemptions -how to be certified and collect 
 ed, 93, 116, 224 to 230. 
 
 INHABITANTS OF SCHOOL DISTRICTS. 
 
 Powers and duties of, 109, 115, 178 to 195. 
 
 When and how to notify legal voters of time and place of first 
 
 meeting in the district,... 109, 144, 145. 
 
 When authorized to give notice of annual meeting, 112, 201. 
 
 Penalty for refusal of, 110. 
 
 To attend district meetings when duly notified, 110. 
 
 Qualification of voters, proceedings on challenge; penalty for fatee 
 
 declaration and for voting without being qualified...... 110, 193, 194. 
 
 Proceedings of on change of site of unaltered district, 113, 184, 185, 186. 
 
 When authorised to direct sale of school house and site, 113, 181, 185. 
 
 Authorized to provide for deficiencies in tax list (fee., 116, 183. 
 
 When exempt from tax for building school house, 119. 
 
 May vote a tax for purchase of district library, 125, 182, 183. 
 
 Reconsideration of proceedings of, when authorized, Ill, 194. 
 
 Authorized to direct division of teachers money into portions, 115, 183, 190. 
 
 Power of in joint districts to decide on proposed alteration in cer 
 tain cases, 108, 147, 183, 184. 
 
 Powers conferred upon, to be strictly pursued, 184. 
 
 Powers and duties of, in the designation of sites for school houses, 186, 188, 189. 
 
 Do. do. in building, luring, purchasing and reparing school 
 
 house and providing furniture, fuel and appendages, 186, 187, 188, 189, 190- 
 
 Do. do. in disposition of the district property, 190. 
 
 
 
387 
 
 Faff*. 
 
 May vote a tax for building a wood house, fence, bell and necessary, 190. 
 But not for contingencies or arrearages generally, without specify 
 ing the same, , 190. 
 
 Mode of proceedings of, in district meeting, 190 to 198, 
 
 Mode and ferm of keeping minutesand records of proceedings of, 191, 192. 
 
 INSPECTION AND SUPERVISION OF SCHOOLS. 
 
 Power and duties of town superintendents concerning, 107, 108, 154 to 164. 
 
 INSTALMENTS. 
 
 .When and how tax for building, (fee,, school house may be raised by, 11-2. 
 
 J, 
 
 JOINT LIBRARIES. 
 
 When and how to be purchased by two or more adjoining districts, 126, 183. 
 
 Joint librarian to be appointed, T 126. 
 
 Provision for division of books, tfcc., ia, 127, 
 
 JOINT SCHOOL DISTRICTS. 
 
 Oertifkafres of qualification to teachers ia, by whom to be granted 
 
 and annulled, 107, 155. 
 
 Formation and alteration of, how and by whom to be made, 108, 146, 147, 148, 
 
 Majority of officers of each town to concur in, 146, 147. 
 
 When and how special meeting to be called by town supt. to decide 
 on proposed alteration in, and effect of decision of such meet 
 ing, 108, 147, 183, 184, 
 
 Certificate of town supt on tax exceeding $400 for building, hiring 
 
 or purchasing school house, H2, 181, 
 
 When aad how valuation of taxable property in, may be equalized, 113, 170. 
 
 Annual report of trustees of, when to be made and what to con 
 tain, 123. 
 
 Form of resolution for formation or alteration of, 174. 
 
 Duty and power of trustees in assessing taxes in, 212. 
 
 Form of annual report of trustees of, 246. 
 
 JUSTICES OF THE PEACE. 
 
 To fill vacancies in office of town superintendent, 101, 141, 142. 
 
 L. 
 
 LANSINGBURGH. 
 
 Act to provide for a free school in town of, ... 304. 
 
 LEASEHOLD ESTATES. 
 
 Liability of to taxation for school district purposes, 207, 
 
 LEWISTON SCHOOL FUND. 
 
 Provisions respecting,.... 136,137. 
 
 LIBRARIAN. See district Librarian. 
 LIBRARY MONEY. 
 
 How to be apportioned and paid over by town superinten 
 dent, 103j 150> 151j goo. 
 
388 
 
 !%* 
 
 When to be expended by trustees, 103, 151, 182. 
 
 Appropriation for, and how to be applied and expend 
 ed, 125, 139, 140, 150,151, 
 
 When to be applied to purchase of maps, globes, black boards or 
 
 other scientific apparatus for use of the school, 125, 151, 182. 
 
 WJien authorized to be applied to payment of teachers wages, 125, 151, 182. 
 
 When authorized to be applied to pui-chase of joint library, 126, 183. 
 
 How to be distributed when withheld from any district, . .127,152. 
 
 Duty of town superintendent when withheldy 152^ 
 
 In what cases to be withheld from districts^, , 1 54?. 
 
 Act relative to distribution of, 372. 
 
 LOCAL LAWS AND PROVISIONS. 
 
 Not to be affected by general laws, except ia certain cases, ,. 93, 132v 
 
 LOCKPORT. 
 
 Act in relation to common schools in, 305,312, 
 
 LODI UNION SCHOOL DISTRICT. 
 
 Provision irv reference to rate biiis for payment of teachers wages io, 316. 
 
 RL 
 
 MAPS. 
 
 Taxes authorized to be lev-Jed forthe purchase of;,.. . Ill, 180, 
 
 When library money may be appropriated to purchase of, 125, 151, 182. 
 
 MEDINA. 
 
 Act in relation to commoa schools in t!ie village of, 313. 
 
 MINISTER OF THE GOSPEL. 
 
 Exemption of from taxation for school district purposes,,.- 216. 
 
 N, 
 
 37EWTOWN. 
 
 Act to establish a free school in district No: 3 in tile town of, 316, 318. 
 
 NEW TOWNS. 
 
 Apportionment of school moneys how to be made to, 98, 99, 140, 
 
 NEW-YORK CITY. 
 
 Act to amend, consolidate and reduce to one act, the various acts 
 
 relative to common schools iir, 819: 
 
 NON-RESIDENTS, 
 
 Terms on which children of, may be admitted ifito the 
 
 schools, 92, 128, 138, 231, 232: 
 
 Liability of, to taxation for district purposes, 117, 203, 205, 212. 
 
 Statement and description of real estate of, when unoccupied and 
 
 unimproved to be made by trustees, 117, 118, 203, 207 to 209, 212; 
 Collector to be credited amount of taxes so returned, by trustees, 118, 207- 
 Trustees to transmit account and certificate to county treasurer, 118, 207. 
 County treasurer to pay amount so returned, and lay account <fec., 
 
 before board of supervisors, ..v.. . rt . ....,- ..~... 118, 207. 
 
Page. 
 
 Payment authorized to be made to county treasurer, 118,.207, 208. 
 
 Duty of board of supervisors an the collection of such amount, 119, 207, 208. 
 
 Taxable for land occupied by agent, but not if occupied by tenant, 212. 
 
 Saw mill owned by, liable to taxation, 212. 
 
 Trustees authorized to prosecute, for amount due on tax list or rate 
 
 bills, 121, 249. 
 
 NORMAL SCHOOL. 
 
 History of the establishment and organization 
 
 of, 23, 24, 25, 26, 28, 32, 33, 37, 38, 39, 49, 51, 54 to 6, 60, 64, 65, 67, 69. 
 
 Act for the establishment of, 370, 
 
 Act to provide for the education of Indian children in, 371. 
 
 tfOTICB. 
 
 -Of the formation or alteration of districts, when and by whom to be 
 
 given, 108, 143, 144, 
 
 Of the time aad place for the first district meeting and by whom 
 
 to be given, 109, 110, 144, 145, 
 
 Of district meetings to state the purpose thereof, Ill, 179, 200, 258, 
 
 Of annual meeting, and meeting adjourned for more than one 
 month, how and by whom to be given, 258. 
 
 Of special meeting for election of district officers, when and by 
 
 whom to be given, Ill, 112, 201, 258 
 
 Want of, not to vitiate proceedings of annual or special meetings, 
 
 <fcc., 112, 179, 258. 
 
 Of resignation of district officers to be given by town supt, to 
 
 clerk or trustees, 114. 
 
 Of time and place of special, annual and adjourned district meet 
 ings to be given by clerk...... 115,200,258, 
 
 Of claim to reduction in the valuation of taxable property, to trus 
 tees, Hg. 
 
 By trustees, on valuation of taxable property, on claim for re 
 duction or otherwise, 119, 210 to 212. 
 
 Form of, to trustees withholding consent for formation or alteration 
 
 of district, .. 172. 
 
 O. 
 
 ; 
 
 OATHS. 
 
 Town superintendents authorized to administer, mtliout fees, 106. 
 
 Town superintendents not required to take, 170- 
 
 OFFICERS OF SCHOOL DISTRICTS. See District Clerk, Dis 
 trict Collector, District Librarian, Trustees of School Districts. 
 
 Money in hands of, in annulled district, to be recovered and appor 
 tioned by town superintendent, 4 1O9, 146. 
 
 When and how to be elected, and term of office, , Ill, 112, 180. 
 
 Special meeting, when to be called for election of, Ill, 112,178. 
 
 Vacancies among, how to be filled, 114. 
 
390 
 
 P*ffe- 
 
 jpenalty for refusal to serye, or neglect of official duty, 114-1. 
 
 Resignations of, how and to whom to be made and notice of, 114-. 
 
 Provision for costs and expenses in suits brought by and 
 
 against, 128, 129, 169, 254.. 
 
 May be removed by state superintendent for embezzlement of pub 
 lic money or wilful neglect of official duty, 131, 166,248. 
 
 Copies of School Laws, forms and instructions to be transmitted to,. 131. 
 
 Should be separately chosen by ballot, 191. 
 
 General principles of law in reference to suits brought against,. . 250 to 255. 
 
 Names of to be reported by district clerk to town clerk, 259. 
 
 ONONDAGA TRIBE OF INDIANS. 
 
 Act to provide for the education of the children of, 367. 
 
 ORPHAN ASYLUMS. 
 
 Children supported at, not to be incladed in returns of trustees,. . 152. 
 
 OSWEGO. 
 
 Provisions in relation to schools in the city of, 329. 
 
 OVERSEERS OF THE POOR. 
 
 Provisions relative to moneys in the hands o.. 134, 135, 141, 151. 
 
 OWEGO. 
 
 Provision in reference t rate-bills for teachers wages in district 
 No. 1, in village of, - - 316,, 
 
 P. 
 
 10 OJj 
 
 PENALTIES AND FORFEITURES. 
 
 Duty of the town superintendent in the collection and application of, 102, 16Y. 
 
 For neglect by town superintendent in making annual report, 105, 166. 
 
 For refusal of taxable inhabitants to serve notices for first meeting 
 
 in a district, , 110. 
 
 For wilfully making false declaration of right to vote, on challenge, 110. 
 
 For voting without the requisite qualifications, 110. 
 
 For refusal to serve, or neglect of official duties by officers of 
 
 school districts, 114. 
 
 For neglect or refusal of district clerk to preserve records, books 
 
 and papers* and to deliver the same to his successor, 115. 
 
 For neglect of duty of district collector, in the collection of taxes, 120^ 
 
 To be sued for, recovered and applied by trustees of districts, 120. 
 
 For false report by trustees of districts to town superintendents, 123, 248; 
 
 For refusal or neglect of trustees annually to account and pay 
 
 over balance in their hands, 124, 249. 
 
 For refusal or neglect of county clerk to make annual report to 
 
 state superintendent, 12Y- 
 
 For wilful neglect of official duty by town superintendents or offi 
 cers of school districts, 128, 169, 248* 
 
 For wilful disturbance, interruption, or disquiet of district schools, 130, 25G* 
 
391 
 
 Page. 
 
 PLANK ROAD CORPORATION. 
 
 Liability of to taxation for school district purposes, and valuation 
 
 of property, how to be ascertained, 206,207. 
 
 POOR HOUSE. See County Poor House. 
 POUGHKEEPSIE. 
 
 Act to establish fre schools in the Tillage of, 330. 
 
 PROPERTY OF SCHOOL DISTRICTS. See School House, 
 
 Site of School House, District Library. 
 
 Disposition of, on consolidation of two or more districts, 109, 145, 146. 
 
 Sale and application of, on annulment of district by town supt. 109, 145, 146. 
 Blank Books to be procured by trustees for keeping account of, &c., 120, 199. 
 PUBLIC MONEY. See School Money. 
 
 QUALIFICATION OF TEACHERS. 
 
 State Certificates of, from superintendent, 96. 
 
 How ascertained and certified by town superintendents, 107, 154 to 160. 
 
 QUALIFICATION OF VOTERS. 
 
 In school district meetings, 110,193. 
 
 R. 
 
 RAIL ROAD COMPANIES. .-^ 
 
 Liability of to taxation for school district purposes, 206. 
 
 RATE BILLS. 
 
 Trustees of dissolved districts to make out for discharge of legal 
 
 liabilities, k 109. 
 
 To be made out by trustees for teachers wages ; what to con 
 tain, 93, 116, 224 to 280. 
 
 To be delivered to and executed by the collector,... 116, 218. 
 
 Powers and duties of collector in execution of warrants for col 
 lection of, 93, 116, 218. 
 
 Deficiencies in amount collected by, how to be raised, 116. 
 
 Property exempt from levy and sale on wan-ants for collection of, 93, 117. 
 
 Warrants for collection of, how to be issued ; effect of and when 
 
 and how renewable, 121, 218,219. 
 
 Trustees authorized to prosecute non-residents for non-payment of, 121, 249. 
 
 Errors in, how to be corrected, 121,. 202. 
 
 Form of assessment, rate-bill and wan-ant, 226,227. 
 
 Special provision in reference to in Lodi and Owego, 816. 
 
 do do do do Williamsville, 366. 
 
 RECONSIDERATION OF VOTES. 
 
 When authorized in general, 111,194. 
 
 On levying tax for building school house by instalments, 11$. 
 
 REDUCTION. 
 
 In the valuation of taxable property from last assessment roll of 
 town, how claimed and when to be allowed, 119, 209,210. 
 
393 
 
 RELIGIOUS EXERCISES IN SCHOOLS. 
 
 Directions respecting, 213. 
 
 RENEWAL OF WARRANTS. 
 
 When and how to be made, 121, 168,219. 
 
 RENTS RESERVED. 
 
 On leases in fee, for life or years, liability of to taxation for 
 
 district purposes,. 207. 
 
 REPAIRS TO SCHOOL HOUSE. 
 
 Powers and duties of trustees in reference to, 115, 116, 220. 
 
 RESIDENCE. 
 
 What constitutes, for the purpose of enumeration by trustees of 
 
 districts, 244. 
 
 RESIGNATIONS. 
 
 Of officers of school districts, how and to whom to be made and 
 
 notice of, 114. 
 
 ROCHESTER. 
 
 Acts relative to schools in the city of, .,?j hl 32. 
 
 ^ror, ,,,,..:^,;, .. s. . sjjfe 
 
 SALEM. 
 
 Act relative to schools in the village of, 337. 
 
 SAW MILL. 
 
 Liability of to taxation,. . 212. 
 
 SCHENECTADY. 
 
 Provisions relative to schools in the city of, 343 to 345. 
 
 SCHOOLS. 
 
 Penalties for wilful disturbance, interruption or disquiet of, 130, 256. 
 
 For colored children, provisions for, 130,131,152, 230,255. 
 
 SCHOOL APPARATUS. 
 
 Taxes authorized to be levied for purchase of, Ill, 180,181. 
 
 When Library money may be applied to purchase of, 125, 151,182. 
 
 SCHOOL CELEBRATIONS. 
 
 Circular of Superintendent Yates respecting, 22,23. 
 
 SCHOOL DISTRICTS. 
 
 Apportionment of public money and state tax, to, 92,97,98- 
 
 Duty of the town superintendent in the formation and alter 
 ation of, 102, 142, 143,144. 
 
 Consent of trustees when and how to be given, and notice to, 108, 143, 144. 
 
 In what cases money to be apportioned to, where the annual re 
 port is not in conformity to law, 103, 104,153. 
 
 Supervisor and town clerk, in what cases to be associated with 
 town superintendent in the formation or alteration of, 108, 143. 
 
 Formation and alteration of in joint districts, by whom to be made, 1 08. 
 
 Effect of consolidation of, on rights of property, 108, 145, 146. 
 
 Sale of property of, on annulment of, and application of proceeds 
 by town superintendent, . . 109, 145, 146 
 
393 
 
 Page. 
 
 Duty of town superintendent on the formation of, 109,144. 
 
 Notice of formation of, and of time and place of first meeting, how 
 
 and by whom to be given, 109, 110,144. 
 
 Qualifications of voters in, 110,193. 
 
 Appeals to state superintendent from proceedings in the formation 
 
 or alteration of, 124, 275 to 278. 
 
 Penalties and forfeitures for disturbing, interrupting or disquieting 
 
 any district school . or assemblage, 130. 
 
 General principles applicable to formation and alteration of, 148. 
 
 Must be composed of contiguous territory, 148. 
 
 Formed by state superintendent on appeal, 169. 
 
 Form of resolution for formation and alteration of, 171, 173,174. 
 
 Acts of under act of 1849, legalized, 374. 
 
 SCHOOL FUND. See School Moneys. 
 
 Capital and apportionment of, 138, 139,140. 
 
 SCHOOL HOUSES. See Sites for School Houses. 
 
 Not to be erected on the division-lines of towns, 107, 108. 
 
 Sites for, when and how to be designated Ill, 180, 181, 186. 
 
 Taxes for building, hiring or purchasing, <fec., authorized to be 
 
 levied, Ill, 180, 181, 186, 187. 
 
 Taxes for (fee., not to exceed $400 except on certificate of town 
 
 superintendent, 112,^68, 169, 181, 187. 
 
 When and how amount for building <fcc., may be raised by instalm t, 112, 181 . 
 
 When such vote may be re-considered, 113, 181. 
 
 Site of in unaltered districts when and how to be chang 
 ed, 113, 168,169,184,185, 186,188. 
 
 Sale of, when, by whom, and on what terms to be made, and invest 
 ment of proceeds, 113,114,181,185, 186,281. 
 
 Trustees to purchase or lease sites for, and to build, hire or purchase 
 keep in repair and furnish with necessary fuel and appen 
 dages, 115, 219, 220, 221. 
 
 Trustees to hare custody and safe keeping of, , 115, 220. 
 
 Regulations respecting use of, when not required for dis. purposes, 220, 221. 
 
 Trustees authorised to expend ten dollars per annum in repairs on, 
 
 and to levy the same on district, 116. 
 
 Tax for building, <fec,, paid by tenants, to be charged to owners, . 1 17. 
 
 When inhabitants to be exempt from tax for building, 119,215. 
 
 Examination of by town superintendents, 161, 163, 164. 
 
 Form of resolution for tax for erection of, 187. 
 
 Tax for building may be raised, but cannot be expended until title 
 
 to site has been procured, 188, 189. 
 
 Collection of tax for building not to be suspended by vote of disl, 188. 
 
 Sites for must be fixed by vote of inhabitants, 188. 
 
 Proceeding in case of failure of title of site to, 188. 
 
 Effect of vote authorizing trustees to repair, Ac., 189. 
 
 May be kept in repair, when built by subscription, 189. 
 
394 
 
 Page. 
 
 Partnerships in erection of, prohibited, 189,190. 
 
 Additional rooms, not to be provided in, for select schools, 189. 
 
 Taxes for repairs of ought not to be voted, where district has no 
 
 title to site, <fec., 189. 
 
 Ownership of, -when erected without permission of owner of soil, 189. 
 
 Tax may be voted for enlargement of, without certificate of town 
 
 superintendent, 190. 
 
 Taxes for wood-house, fence and bell may be voted for, 1 09. 
 
 SCHOOL LISTS, See Teachers Lists. 
 
 SCHOOL MONEYS. 
 
 How to be apportioned by state superintendent, 92,97,98,139,140. 
 
 How to be appropriated, 93,98,197. 
 
 Apportionment of in the division of towns and the erection of new 
 
 town,., 98, 99. 
 
 Certificate of apportionment of to be made to the Comptroller, and 
 notice to county clerk, 99. 
 
 Clerk of board of supervisors to transmit certificates of amount rais 
 ed, 99. 
 
 Apportionment of by town superintendent, when and how to be 
 made, 98, 102, 103, 149 to 154. 
 
 "When may be withheld by comptroller and state superintendent, 99. 
 
 When and how to be distributed among the several courties, 100. 
 
 Equitable power of state superintendent in directing apportion 
 ment of in certain cases, 103, 152, 198. 
 
 Do. of town sup t on the alteration or division of districts sub 
 sequent to the annual report of trustees, ,.. 103, 104, 
 
 Do. do. do. on the formation of a district prior to the date of such 
 
 report, 104, 153. 
 
 When uncalled for, in one year, to be added to amount next to be ap 
 portioned, 104, 153. 
 
 When to be returned to county treasurer, 104,153. 
 
 May be withheld on failure of town superintendent to make annual 
 
 report, 105. 
 
 Disposition of, on annulment of school districts, 109, 145, 146. 
 
 To be divided into portions by trustees ; how to be assigned and 
 
 applied, ? , 115, 183, 198, 199. 
 
 Forfeiture of district collector for loss of, by neglect of duty, 120. 
 
 Trustees to prosecute for recovery of, apportioned to district, 121, 250. 
 
 Account of receipt and expenditure of, to be annually rendered by 
 
 trustees, . 123. 
 
 Balance in hands of trustees to be paid over to successors in office, 1 24. 
 
 Appeals to the state superintendent from refusal of town sup t. to 
 
 pay money to, 124, 198, 275. 
 
 To be apportioned to schools for colored children, 131, 1S2. 
 
 Embezzlement of by the town superintendent or other school offi 
 cers, penalty for, 381. 
 
395 
 
 fMph 
 
 Account of receipt and disbursement of by town sup l, and pay 
 ment of balance due, 105, 106,167. 
 
 When lost in consequence of wilful neglect of any school officers, 
 
 how to be prosecuted for and recovered, 128, 169,170- 
 
 Application of raised by or belonging to a town, 198. 
 
 SENECA. 
 
 Provision relative to graduation of rates of tuition in the schools of 
 
 district No. 1, in the town of,. 345. 
 
 SEPARATE NEIGHBORHOODS. 
 
 Provisions for apportionment of school money to, 92, 98, 103, 139. 
 
 Duty of town superintendent in setting off, <fcc., 102. 
 
 Inhabitants of to choose one trustee ; duty of 123. 
 
 SHINECOCK INDIANS. 
 
 Act for relief of, in the town of Southampton, Suffolk Co., 369. 
 
 SITES FOR SCHOOL HOUSE. 
 
 When and how to be , designated 111,180, 181, 186. 
 
 Taxes for, when and how to be levied, Ill, 180, 181. 
 
 In unaltered districts, when and how to be chang 
 ed, 113, 168, 169,184, 185, 186, 192. 
 
 Sale of, when, by whom, and on what terms to be made, and invest 
 ment of proceeds, 113, 114, 186, 192, 193, 221. 
 
 Trustees to purchase or lease, as designated by district, 115,219. 
 
 Taxes for purchasing paid by tenants, tfcc., to be charged to owners, 117. 
 
 Title to must be procured before expenditure of tax for building 
 
 house, 188. 
 
 Must be fixed by rote of district, 188. 
 
 On failure of title to, certificate of town sup t not requisite to es 
 tablishment of new site; .". 188. 
 
 Tax for may be sufficient to cover expenses of procuring title 188, 189. 
 
 Effect of incumbrances upon, leases, &.C., of, and contracts for, 188. 
 
 Form of minutes to be kept by district clerk, on change of in unal 
 tered district, 192. 
 
 SPECIAL MEETINGS, See District Meetings. 
 
 When and how to be called by town superintendent, to decide on 
 proposed alterations in joint school districts, and effect of decis 
 ion of, 108, 147. 
 
 In dissolved districts when to be called by trustees, to raise money 
 
 to discharge legal liabilities, ... 109. 
 
 When and how to be called for the election of district officers and 
 
 for other purposes, Ill, 112, 178. 
 
 Proceedings of not to be deemed illegal for want of notice, (fee., 112, 179, 258. 
 
 For change of site of unaltered district, 118. 
 
 Notice of time and place of to be given by district clerk, H5, 258. 
 
 To be called by trustees, 115, 200, 179. 
 
 Notice of when to be given by trustee*, 115, 200. 
 
 Form of notice for, by district clerk, 259. 
 
396 
 
 ST. REGIS INDIANS. 
 
 Act to provide for the education of the children of, 367. 
 
 STATE CERTIFICATE OF QUALIFICATION. 
 
 State superintendent authorized to grant, 96. 
 
 STATE NORMAL SCHOOL, See Normal School 
 
 STATE TAX. 
 
 For support of common schools, how to be levied and collect 
 ed, 92, 97, 139, 140. 
 
 SUITS. 
 
 By town superintendent for collection of penalties and forfeitures, 102. 
 
 Do. do. for balances in the hands of predecessors in office, 106. 
 
 Do. do. for moneys in the hands of officers of dissolved districts,... 109, 146. 
 
 By trustees for penalty for illegal voting at district meetings, 110,250. 
 
 Do. on security given on sale of district property, 113, 114,249. 
 
 Do. for forfeitures and balances in hands of collector, 120, 250. 
 
 Do. against bail or sureties of collectors, 120. 
 
 Do. against non residents for non-payment of tax list or rate-bill,... 121, 249. 
 
 Do. against town superintendents for recovery of moneys appor 
 tioned by to district, 121,250. 
 
 Do. for recovery of penalty against predecessors for refusal or ne 
 glect to account, 124, 250. 
 
 Do. for balances of money remaining in the hands of predecessors, 124, 250. 
 
 By town superintendents for penalty against trustees for neglect 
 
 or refusal to account, 124. 
 
 By trustees against their predecessors for loss or injury to books in 
 
 district library, 126. 
 
 Do. for recovery of fines for loss of or injury to such books, 126* 
 
 By state superintendent, for penalty against county clerk, for refu 
 sal or neglect to report, 127. 
 
 By supervisor for penalties and forfeitures against town superin 
 tendents and officers of districts, for wilful neglect of official duty, 1 28. 
 
 Provision for costs and expenses of, by and against town supt and 
 
 officers of school districts, 128, 129,169. 
 
 By trustees for wilful disturbance, interruption or disquiet of district 
 
 school, <fec., 130, 
 
 General principles of law respecting, by and against trustees of 
 
 districts, . 249 to 255. 
 
 SUPERINTENDENT OF COMMON SCHOOLS. 
 
 Annual report of what to contain,. 96. 
 
 To appoint a general deputy, 
 
 May appoint visitors of common schools, " 
 
 To grant state certificates of qualification to teachers, " 
 
 Copies of papers filed with and acts and decisions of, how authenti 
 cated, 97. 
 
 Apportionment of school moneys by, 92,97, 139, 140. 
 
 Duty of in apportionment of state tax, 92, 97, 98, 139 140. 
 
397 
 
 Pegii 
 
 To give certificate to comptroller and notice to county clerks, 99. 
 
 Authorized to withhold school money on failure of board of super 
 visors to raise amount required by law, 99. 
 
 To prepare and transmit suitable forms and instructions for execu 
 tion of school law, 99. 
 
 Apportionment by on division and erection of towns, 98, 99. 
 
 May withhold, in conjunction with comptroller, public money, in cer 
 tain cases, 99. 
 
 Equitable powers of in the apportionment of public mon 
 ey, 103,104, 152,198. 
 
 To add moneys remaining on hand for one year, to the amount 
 
 next to be apportioned, 104. 
 
 To give notice of loss of school money occasioned by neglect of 
 
 town sup i 105. 
 
 When authorized to call special meeting for election of district offi 
 cers, 112. 
 
 Consent of to be given to the correction of errors in tax list or rate- 
 bills, 121, 202. 
 
 Appeals to from proceedings of inhabitants and officers of districts 
 
 and others. 124, 274 to 278. 
 
 Consent of necessary to application of library money to teachers 
 
 wages, 125. 
 
 To prescribe regulations respecting the preservation of district libra 
 ries, the use of books, <fcc., 126. 
 
 Appeals to from acts or decisions of trustees or inhabitants, con 
 cerning district libraries, 126, 276. 
 
 Directions to be given in case of withholding library money from dis 
 tricts, 127. 
 
 When authorized to select a library for districts, 127. 
 
 To prosecute for penalty against county clerk for refusal or neglect 
 
 toreport, 127. 
 
 May remove any school officer for embezzlement of public money or 
 
 wilful neglect of official duty, 131. 
 
 To cause to be printed school laws, forms and instructions, <fcc., ... . 93, 131 
 
 Power of town superintendents over districts formed by, on ap 
 peal.. 169. 
 
 Regulations prescribed by for preservation and use of books in dis 
 trict libraries, 240, 267 to 270. 
 
 Do. do. prosecution of appeals, 275 to 278. 
 
 To subscribe to an educational periodical, etc., 370 
 
 Powers and duties of, in the supervision, management and* govern 
 ment of the state normal school, 371. 
 
 Duty in reference to the purchase of Webster s Dictionary for the 
 
 use of schools, 373. 
 
 SUPERVISORS.- See Board of Supervisors. 
 
 Town superintendent to execute a bond to, with sureties to be 
 
 approved by, 101, 141. 
 
Form of Bond, 170. 
 
 Town superintendents ineligible as, 102 142. 
 
 To prosecute for penalty imposed on town superintendent neglect 
 ing to make annual report 106. 
 
 When to be associated with town superintendent and town clerk 
 in the formation or alteration of districts, and powers and com 
 pensation of, 108,142, 143,144. 
 
 To prosecute for penalty for wilful neglect of official duty by 
 
 town superintendents and officers of school districts, 128, 169. 
 
 SYRACUSE. 
 
 Act relating to public schools in the city of, 345. 
 
 T. 
 
 TAXES. 
 
 Inhabitants of dissolved districts, when authorized to raise, 109. 
 
 For purchase or lease of sites, and for building, hiring or purchasing 
 
 school houses, Ill, 180, 181, 188. 
 
 For fuel and appendages, clerks books, maps, globes, black boards, 
 
 and apparatus, Ill, 180. 
 
 For building, hiring, or purchasing school house, not exceeding $400, 
 
 except on certificate of town superintendent, 112, 168, 187. 
 
 When and how to be raised by instalment, 112, 181. 
 
 Re-consideration of. 113, 181. 
 
 Assessment of in joint districts, when and how to be equalized H3, 170. 
 
 To be assessed by trustees, 116,201. 
 
 For amount of exemptions from rate-bills for teachers wa 
 ges, 93, 116,224,225. 
 
 Deficiencies in, how to be provided for, 116, 183. 
 
 Provisions for the assessment and collection of, 117, 118, 119, 201 to 209. 
 
 Who to be deemed taxable inhabitants, 117, 208. 
 
 For purchasing school house and site, to be charged by tenants to 
 
 owners of real estate, 117. 
 
 On non-resident, unoccupied and unimproved real estate, how return 
 ed and collected, 118, 119, 207 to 209, 212. 
 
 Valuation of taxable property, how to be ascertained,... 119, 206, 209 to 2J5. 
 
 Reductions in such valuation, how claimed and when to be allow 
 ed, 119, 209 to 212. 
 
 Proceedings on such claim, and when valuations cannot be ascertain 
 ed from assessment roll, 119, 209 to 212. 
 
 Exemption from for building school house, in certain eases, 119,215. 
 
 To be assessed &<\, within thirty, days after vote therefor, 119, 201. 
 
 Duty of c ollector in collection of, and when may be voluntarily paid, 119. 
 
 When to be levied by trustees, for fuel, 120, 216. 
 
 When trustees may levy without a vote of the district, 120, 121, 216. 
 
 Warrants for collection of, how issued, effect of, and when and how 
 
 renewable by trustees, 121. 
 
 Trustees authorized to prosecute non-residents for non payment of, 121. 
 
399 
 
 Pmg. 
 
 For purchase of district library, when authorized, 125,182, 188,190. 
 
 To be imposed by trustees of districts for costs and expenses of 
 
 suits byor against officers of districts,. 129. 
 
 To be specifically voted 194, 251. 
 
 On railroad, plank road, turnpike, banking and other corporations, 
 
 how to be assessed, &c., 206,207, 2*3, 214. 
 
 Effect of directions of district on vote for collection of, 188 
 
 For wood house, fence, bell, and necessary in school district, 190 
 
 For contingent pur^fces and arrearages, 190. 
 
 Application of portion of, when not required for district purposes, 190. 
 
 Against agents, tenants, trustees, guardians, executors and admin 
 istrators, how to be assessed, 212,213, 214,215. 
 
 Persons and property exempt from, 215, 216. 
 
 TAX LISTS. 
 
 Trustees of dissolved districts to make out for discharge of legal 
 
 liabilities, 109. 
 
 To be made out by trustees ; what to contain, . 115,201. 
 
 Deficiences in amount collected by, how to be raised, 116. 
 
 To be made out for amount of exemptions of indigent persons, 93, 116, 117. 
 
 Powers and duties of trustees in making out 117, 118, 119, 201 to 219. 
 
 Valuations of property to be ascertained from last assessment 
 
 roll of town 119, 209, 210. 
 
 Claim for reduction when and how to be made and allowed, 119, 209, 210, 
 
 Trustees when to make original assessment, and to give notice 
 
 thereof, 119, 210, to 212. 
 
 To be made out within thirty days after tax voted 119, 201, 202. 
 
 When to be delivered, with warrant, to collector, and his duty 
 
 thereon 119, 218, 219. 
 
 Errors in how to be corrected, 121, 202. 
 
 "When may be made out after expiration of thirty days,. 202. 
 
 Form of for collection of district taxes, 217. 
 
 Form of warrant for collection of, ....*... 218. 
 
 Trustees authorized to prosecute for amount due on by non-resi 
 dents, in certain cases, 121, 249. 
 
 TEACHERS. 
 
 State certificate of qualifications, when to be granted to,... 96. 
 
 Wages of, when andhow payable, and on what order, 103, 115, 197, 273. 
 
 When to be deemed duly qualified, 103. 
 
 Inspection and licensing of by town superintendents, 107, 108, 154 to 157. 
 
 Certificates of qualification to, when to be granted and annulled by 
 town sup ts., 107. 
 
 In joint districts, by whom certificate to be granted and annulled, 107. 
 
 Trustees to contract with, employ and pay by orders on town super 
 intendent and rate-bills, 115, 116, 93,221. 
 
 To keep verified lists of attendance and visitation of schools, 1 20, 270, to 278. 
 Form of teachers lists, daily and weekly rolls, <fcc., , 271,272. 
 
400 
 
 Page. 
 
 Form of certificate of qualification and of instrument annulling tbe 
 
 same, 174. 
 
 Employment of, their payment, and rate-bills for collection of wa 
 ges, 221 to 230. 
 
 Contracts with, how to be made, and effect of, 221, 222, 223, 273, 274. 
 
 Board of, how to be provided for, 222, 223. 
 
 When trustees may dismiss, -.... 223, 273. 
 
 Trustees to co-operate with in the government and discipline of 
 
 the school, .*. 232. 
 
 When eligible as district collector 262. 
 
 Powers, duties and liabilities of, in the preservation and enforce 
 ment of order and discipline,. 273, 274. 
 
 Entitled to participate in the privileges of the district library,. . . . 278. 
 
 When library may be placed in charge of by trustees,.... 273 
 
 When authorized to dismiss school without losing time, 274. 
 
 May open and close their school with prayer and the reading of the 
 
 scripture, 273. 
 
 Duty of in reference to care and custody of Websters Dictionary, 378. 
 
 TEACHERS INSTITUTES. 
 
 History of the organization and establishment of, 59, 60, 61, 66, 71. 
 
 Act for the establishment of, 372. 
 
 TEACHERS LISTS. 
 
 Trustees to ascertain by examination of, the number of days for 
 
 which each person is liable for instruction, 116. 
 
 Blank books to be procured by trustees for keeping 120, 199, 231. 
 
 How to be made out and kept, and forms for, 271, 272. 
 
 TEACHERS MONEY, See School money, Teachers Wages. 
 
 Proportion of, to be designated in the apportionment by town eup t 103, 150. 
 
 How payable to teachers, 103, 150, 197. 
 
 When to be withheld by town superintendent, and his duty thereon, 152. 
 
 When and how to be divided into portions 115,183, 198,199. 
 
 TEACHERS WAGES. See Teachers. 
 
 Appropriation of public money to payment of, 93, 97, 98, 139, 140. 
 
 Provisions for collection and payment of, 93, 115, 116, 197, 223 to 230. 
 
 Indigent inhabitants to be exempted from payment of, 93. 116, 224 to 280. 
 
 When library money maybe applied to the payment of, 125, 182. 
 
 TENANTS. 
 
 At will or for years, authorized to charge tax for purchasing sites, 
 
 building school houses, tfec., to owner, 117. 
 
 Liability of" to taxation, 212, 214. 
 
 TEXT BOOKS. 
 
 Library money not to be expended in the purchase of, 154. 
 
 To be recommended by town superintendents, : 108, 163. 
 
 TON A WAND A INDIANS. 
 
 Act to provide for education of the children of, in the county of 
 
 Cenesee, 369. 
 
Ml 
 
 PafE, 
 
 TOWNS. .^ 0> ta|{w bfl4 2 iilw ,lo -J-ioqsi luacA 
 
 Apportionment of public money on erection or division of, 98, 99, 140. 
 
 TOWN BOARD. See Town Superintendent, Town Clerk, Su 
 pervisor. 
 
 TOWN CLERK. 
 
 Appointment of town superintendent by Justices, to be filed in 
 
 office of, 101, 141. 
 
 Town superintendents ineligible to office of, 102, 142. 
 
 To receive and keep reports of trustees to town superintendents, 
 books and papers, <fec r ". 106, 107, 143. 
 
 To receive and record estimates and apportion ts of school money, 107, 143. 
 
 To notify town superintendent to make annual report, 107,143. 
 
 When to be associated with town superintendent and supervisor in 
 the formation and alteration of districts, and powers and com 
 pensation of when so associated, 108, 142, 143, 144. 
 
 When authorized to order inhabitants of district to notify special 
 
 meeting for election of district officers, 112. 
 
 TOWN SCHOOL FUNDS. 
 
 Provisions respecting, 132 to 137, 141, 142, 151, 198. 
 
 Application of, .* 198. 
 
 TOWN SUPERINTENDENTS OF COMMON SCHOOLS. 
 
 Share of public money to be paid over to, 98, 100, 140. 
 
 How to be apportioned by them, 98. 
 
 ^Notice of apportionment by state superintendent, to be given to 
 
 by county treasurer...... 100. 
 
 Election and general powers and duties of, 100,141. 
 
 To execute a bond with sureties to supervisor, conditioned for the 
 
 faithful performance of duties of, Ac., 101, 141. 
 
 Form of bond, 170. 
 
 Vacancies in office of, when and how to be filled, 101, 141, 142. 
 
 Notice of appointment to be given to, , 101,141. 
 
 Term of office, when to commence and duration of, 101, 141, 142. 
 
 Ineligible as trustees of a school district, supervisor or town 
 clerk, 101, 102, 142. 
 
 To perform the duties of trustee of gospel and school lands, 102, 142. 
 
 Duties of in reference to the formation and alteration of districts, 
 
 and the receipt and apportionment of school money, 
 
 102, 103, 142, 143, 144, 145, 149 to 154, 171 to 174. 
 
 Do. in the collection and application of penalties and forfeitures, 102, 167. 
 
 Do. in payment of teachers and library money, 103, 149 to 154. 
 
 Do. on the alteration or division of districts after date of the an 
 nual report, 103,104, 153. 
 
 To add monies uncalled for, during one year to amount next to 
 
 be apportioned, 104, 153. 
 
 When to return such monies to the county treasurer, 104, 153. 
 
402 
 
 P*ge. 
 
 Annual report of, when to be made and what to con 
 tain, 104,105, 164 to 166. 
 
 Penalty for neglect, ....... 105,166. 
 
 To keep an account of moneys received and expended and to lay 
 
 the same before board of town auditors, 105,106, 167,168. 
 
 To render account to his successor in office and pay over balance 
 
 at the expiration of his term, to be filed in town clerks office, 106, 167, 168. 
 
 To state and pay over balances appropriated to school dist s, 106, 167, 168. 
 
 Successor in office to prosecute for any unpaid balance, 106, 167,168. 
 
 To take and hold property transferred for the use of com. schools, 106, 168. 
 
 Authorized to administer oaths, 106. 
 
 Compensation of and how paid, 106, 142. 
 
 Reports, estimates and apportionments of where to be filed, 106, 107. 
 
 Powers and duties of as inspector of Common Schools, 107, 154 to 164-, 174. 
 
 To grant and annul certificates of qualification to teachers, and 
 
 forms for, 107,154, 155,174. 
 
 When and how often to visit schools, 108, 157, 158 to 164. 
 
 Powers and duties of, at such visitation, 108, 157 to 164. 
 
 To advise and consult with trustees in relation to their duties and 
 the management of the school and tburse of instruction, 108, 162 to 164. 
 
 Powers and duties of in the formation and alteration of school 
 districts, 108, 109, 142-146, 171 to 174. 
 
 "When authorized to call special meeting in joint districts for the 
 
 purpose of determining on proposed alteration, 108, 147. 
 
 Duty of, on the annulment of a district, 109, 145,146. 
 
 Do. on the formation of a district, 109, 110. 
 
 To prepare a notice in writing, describing the district and appointing 
 
 time and place for first meeting, &c., 109. 
 
 When to renew such notice, 110. 
 
 Consent of, for the designation of two or more sites for school hous 
 es, and for levying tax for the purchase or lease thereof, and for 
 building or purchasing school houses thereon, <fcc., 111. 
 
 When to order inhabitants of districts to notify special meetings 
 
 for election of district officers,....* 112. 
 
 Certificate of, on tax exceeding $400 for building, hiring or purchas 
 ing school house, 112,181,408. 
 
 To equalize valuation of taxable property in joint districts, on appli 
 cation of trustees, 113, 170. 
 
 Consent of, necessary to change of site in unaltered district, 113. 
 
 When to fill vacancy in the office of trustee, 114, 169. 
 
 Authorized to accept resignation of district officers, and to give no 
 tice thereof to clerk or trustees,.,. 114. 
 
 Teachers wages to be paid in part by orders on, for public money, 115. 
 
 Approbation of to be given to second and subsequent renewals of 
 
 district warrants, 121, 168. 
 
 Suit to be brought against, by trustees for recovery of money ap 
 portioned by, 121. 
 
403 
 
 Pfi. 
 
 Do. do. for penalty for neglect or refusal to Account, 324- 
 
 Appeals to state superintendent from proceedings of, <fec., 124, 198, 276 to 278. 
 
 Penalties and forfeitures for wilful neglect of duty by, and how col 
 lected, 128, 169, 248. 
 
 Provisions for costs of suits against, for official acts, 128, 169, 254. 
 
 To ascertain amount of such costs and expenses, and levy and col 
 lect the same 129. 
 
 Powers and duties of, relative to schools for colored child 
 ren, . 130,131, 152, 230. 
 
 May be removed from office by state superintendent for embezzle 
 ment of public money, or wilful neglect of official duty,. . 131, 166,248. 
 
 Copies of school laws, forms and instructions to be forwarded to, 131. 
 
 Powers and duties of, relative to town school fund and school lots, 133, 134. 
 
 Powers and duties of, relative to moneys in the hands of overseers 
 
 of the poor 135, 151. 
 
 To report names and post-office address to department of common 
 
 schools, 142. 
 
 To allow trustees to correct defective reports, 154. 
 
 To furnish answers to appeals, 169. 
 
 Powers of, in reference to districts formed by the state superintend 
 ent on appeal, 169. 
 
 Not required to take oath of office, 170. 
 
 Forms prescribed by state superintendent for use of, 170 to 177. 
 
 Form of bond to be given by, to supervisor, 170. 
 
 Form of resolution by, creating a new district, 17L 
 
 Do. of notice to trustees withholding their consent to an alteration 
 
 of their district, 172, 
 
 Do. of notice of the first meeting in a district to organize, 172. 
 
 Do. of resolution for the alteration of a district, 173. 
 
 Do on the formation or alteration of joint districts, 174. 
 
 Do. of certificate of qualification to teacher, 174. 
 
 Do. of instrument annulling teachers certificate, 174. 
 
 Do. of annual report, 174 to 177. 
 
 Duty of, in the organization and management of teachers Insti 
 tutes, 372. 
 
 Duty of, under act to provide for the purchase of Webster s Diction 
 ary for the use of schools, 373. 
 
 TROY. 
 
 Act to provide for the establishment of free schools in the city 
 
 of, 351, 356,357. 
 
 TRUSTEES. 
 
 Liability of, to taxation for school district purposes, 214, 215. 
 
 TRUSTEES OF SCHOOL DISTRICTS. 
 
 General powers and duties of, 115, 116,195. 
 
 Town superintendents ineligible as, 101, 142,195. 
 
 Cannot hold the office of district clerk, 102, 195. 
 
404 
 
 PaS*. 
 
 Teachers wages payable on ordtr and certificate of, 103, 160, 197, 
 
 Duties of, in the expenditure of library money, 103, 150, 151. 
 
 May apply to supervisor and town clerk, to be associated with town 
 
 sup tin the formation or alteration of districts 108, 142, 
 
 Consent of, when necessary to formation or alteration of distrit, 
 
 how to be given, and notieeto, 108, 143, 144. 
 
 Duty of, on dissolution or consolidation of district,. 109. 
 
 To call special meetings for raising taxes to defray legal liabilities, 109. 
 
 To prosecute for penalty foir illegal voting at district meetings,... . 110. 
 
 When and how to be chosen, Ill, 195. 
 
 To be divided by lot into three classes, and terms ofoffice of, Ill, 196. 
 
 Vacancies in office of, how filled, Ill, 114, 169, 195, 196. 
 
 When to give notice of special meeting for election of district offi 
 cers, and for other purposes, 112, 178. 
 
 When to designate the time for holding annual meeting 112, 178, 
 
 When to levy a tax for building school house, by instalments, 112, 181.. 
 
 To apply to town supt s for equalization of valuation of taxable 
 
 property in joint districts, 118. 
 
 To execute deed on sale of school house and lot, 113, 221. 
 
 To take security for payment of moneys on such sale- ; to hold the 
 same as a corporation, and to account to their successors therefor ; 
 
 and to prosecute on such security, 113, 114, 221. 
 
 Appropriation by, f proceeds of such sale to new site and house,... 114, 221. 
 
 To fill vacancies in offices of district clerk, collector and librarian, . . 114. 
 
 Penalty for refusing to serve, and for neglect to perform official du 
 ties, IK 195,248, 
 
 Resignation of, how aad to whom to be made, and notice of 114, 195, 
 
 Copies of reports of, to be entered of record by district clerk, 114, 
 
 To call special meetings, 115, 200.- 
 
 When to give notice of special, annual and adjourned meetings, 115, 200. 
 
 To make out tax lists and warrants, 115. 
 
 To purchase or lease sites, and to build, hire, purchase and keep in- 
 
 repair, school houses, and to- provide fuel and appendages, 115, 219, 220, 221. 
 
 To have custody of district school house, 115, 220. 
 
 To contract with, employ and pay teachers, 115, 221. 
 
 To divide the public money m portions, and to assign and apply the 
 
 same, 116, 198, 199, 224. 
 
 To collect teachers wages not provided for by public money, 116, 224. 
 
 To exempt indigent persons from payment of teachers wages, 
 wholly or ia part, and to certify such exemption to district 
 
 clerk, 93, 116, 224, 225, 226, 228, 229; 
 
 To make out rate-bill and warrant for teachers wages,... . 93, 116, 224, 225, 
 May expend ten dollars annually for repairs to school house, and 
 
 levy the amount on the district, 116. 
 
 Proceedings of, in apportionment assessment and collection of dis 
 trict taxes,... , 117, 118, 119, 201 
 
405 
 
 Page. 
 
 To make statement, description and return of unoccupied and un 
 improved real estate liable to taxation, 117, 118. 
 
 May omit to include non-resident property situated more than three 
 
 miles from school house, 117. 
 
 When and how to make original valuations in taxable property, giv 
 ing notice, <fcc., 119, 210 to 212. 
 
 When to make out tax lists and warrants & to deliver to collector, 119, 201. 
 
 To sue for, recover and apply forfeitures and balances in hands of 
 
 collector, 120. 
 
 To procure blank books for entry of receipts and disbursements, 
 
 property of district, and teachers lists, 120, 199, 216,270. 
 
 When authorized to levy tax without vote of the district, 120, 121, 216. 
 
 When to procure fuel for use of district, and to levy tax therefor, 120, 216. 
 
 Force and effect of warrants issued by, for collection of tax lists or 
 rate-bills, 121. 
 
 Renewal of warrants by, when and how made, 121. 
 
 Authorized to prosecvite non-residents for amounts due on such 
 
 warrants, 121,249. 
 
 When and how errors in tax lists or rate-bills may be corrected by, 121, 202. 
 
 When to prosecute for moneys apportioned to their district, 121,250. 
 
 Annual report of, when to be made and what to contain,... . 122, 242 to 248. 
 
 Form of, 244 to 248. 
 
 To hire temporarily, when necessary, rooms for the accommodation 
 
 of children entitled to attend schools, 123, 221. 
 
 In joint districts, reports to be made to town superintendent of each 
 town, 123. 
 
 Penalty for falsereport, ., 123, 248. 
 
 Property vested in, to be held as a corporation, 123. 
 
 Annually to* render an account to district, of moneys received and 
 
 expended, .".. 123. 
 
 To pay to successors in office, balance remaining in their hands,... . 124. 
 
 Penalty for refusal or neglect to account or pay over, 124, 249. 
 
 Successors in office to prosecute for, recover and apply such penal 
 ty, and balances due from predecessors, 124,249. 
 
 Appeals to state superintendent from acts of, 124, 275 to 278. 
 
 Powers, duties and liabilities of, as trustees of district libra 
 ry, 125, 126, 233 to 242,265 to 270. 
 
 May be removed from office by State superintendent, for embezzle 
 ment of public money, or wilful neglect of official duty, 131, 166, 248. 
 
 Penalties and forfeiture for wilful neglect of official duty by, and 
 
 how to be collected, 128, 169, 248. 
 
 Provision for costs and expenses in suits by and against, for official 
 
 acts, 128,129,169, 253,254. 
 
 To prosecute for wilful disturbance, interruption or disquiet of dis 
 trict schools, Ac., 130, 256. 
 
406 
 
 Powers and duties of, relative to schools for colored child 
 ren, 130, 181,230, 331, 256,256. 
 
 To report catalogue of books in district library, 151, 154, 199, 200, 240. 
 
 To apply to state superintendent for relief, when public money is 
 withheld. 152, 198. 
 
 To correct annual reports when defective, at any time before appor 
 tionment, .... 154. 
 
 Duty of in application of local school funds, 198. 
 
 Duty and liabilities of, in application of teachers money, 199. 
 
 When and how authorized to correct errors in assessment roll of 
 town, 212. 
 
 Duty of, to keep up a school when required by inhabitants of their 
 
 district, 222. 
 
 To co-operate with the teacher in the government and discipline of 
 
 the school, 232. 
 
 General principles of law in reference to suits brought against,. . 250 to 255. 
 
 Legal effect of contracts of, 251, 252. 
 
 Wlien liable in trespass, 251. 
 
 Liability of, on contracts of predecessors, 252. 
 
 Liability of for their joint acts and for the acts of each other, 252, 253. 
 
 Authorized to require bond of district collector, 257. 
 
 Payments on tax lists or rate bills made to, to be received as agents 
 for collector, 262. 
 
 TRUSTEE OF GOSPEL AND SCHOOL LOT. See Gospel 
 and School Lot. 
 
 Office of abolished and duties transferred to town superintendent, 102, 142. 
 
 Powers and duties of, 133,134. 
 
 TURNPIKE COMPANIES. 
 
 Liability of to taxation for school district purposes, ,.. 206. 
 
 Toll house and gate of, &o., how taxable, 214. 
 
 TUSCARORA INDIANS. 
 
 Act to provide for the education of the children of, in the county 
 
 of Niagara, 3C9. 
 
 u. 
 
 UNOCCUPIED AND UNIMPROVED LANDS. 
 
 Powers and duties of trustees in the assessment of for district 
 
 taxes, 117, 203, 205, 207 to 209. 
 
 UTICA. 
 
 Acts relating to common schools in the city of,... 357. 
 
 V. 
 
 VACANCIES. 
 
 In office of town superintendent, when and how to be filled, 101, 141. 
 
 In office of trustees and other officers of districts, Ill, 112, 114, 169. 
 
407 
 
 Page- 
 
 VALUATIONS. 
 
 Of taxable property in joint districts, when and how to be equal 
 ized, * 113, 170. 
 
 Of taxable property, how to be ascertained in making out tax 
 
 list, 119, 209, 210 to 212. 
 
 How to be made on claim for reduction, and when not ascertained 
 
 from assessment roll T19, 209. 
 
 VISITATION AND INSPECTION OF SCHOOLS. 
 
 Powers and duties of town superintendents in reference to, 108, 157 to 164. 
 
 VISITORS OF COMMON SCHOOLS. 
 
 State superintendent authorized to appoint, & powers and duties of, 96, 
 
 VOTERS. 
 
 Qualifications of at school district meetings, 110, 193. 
 
 Proceedings on challenge of, 110, 194 
 
 I w. . / " . v 
 
 WARRANTS. 
 
 To be annexed by trustees to tax-lists, 115,201. 
 
 For collection of rate-bills for teachers wages, effect of and powers 
 and duties of collectors in execution of, 93,116. 
 
 Property exempt from levy and sale on, for collection of rate- 
 bills, 93, 117, 228. 
 
 For collection of taxes, when to be made out by trustees, 119, 201. 
 
 When to be delivered to collector, and his duty thereon, 119, 120, 218, 219. 
 
 Jurisdiction of collector in the execution of in other districts 
 
 and towns, ,.. 120. 
 
 To be executed by a majority of trustees, without seal, 121, 218. 
 
 To have like force and effect with wan-ants of boards of supervi 
 sors, except in certain cases, 121, 218. 
 
 When and how to be renewed by trustees, 121, 168, 218, 219, 
 
 Form of for collection of district taxes, 217,218. 
 
 Do. do. rate bills, 224,225, 
 
 WILLIAMSBURGH. 
 
 Act relating to common schools in the city of, 363. 
 
 WILLIAMSVILLE. 
 
 Provision relative to rate-bills in the village of, 366. 
 
 WEBSTER S DICTIONARY. 
 
 Act authorizing the superintendent of common schools to purchase 
 
 for the use of schools, 1 373. 
 
 WOOD HOUSE. 
 
 Tax for building legal, 190. 
 
408 
 NOTE TO PAGE 187. 
 
 SIXCB the passage of these sheets through the press, the Superintendent 
 has decided that inhabitants of school districts may legally vote a tax not 
 exceeding $400, for building, hiring or purchasing a school house, under 70, 
 (No. 92,) without the certificate of the Town Superintendent, in addition to 
 the avails, arising from the sale of the former site and house of the district : 
 thereby over-ruling the decision of Gen. Dix, at page 183, of the volume of 
 Common School Decisions. 
 
 gfirinag* 1 
 
prior to due date 
 
 ^STAMPED BELOW 
 
UNIVERSITY OF CALIFORNIA