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 ^«!/o-invi-iQ>^ '^An-iiivr-ie^^^ ^r^iqnNvqni^
 
 LAWS OF NEW YORK 
 
 KEIATING TO 
 
 COMMON" SCHOOLS, 
 
 COMMENTS AND INSTRUCTIONS, 
 
 AND 
 
 A DIGEST OF DEOISIOl^S. 
 
 PREPARED BY AND UNDER THE DIRECTION OP 
 
 VICTOR. M. RICE, 
 
 SUPERINTENDENT OP PUBLIC INSTRUCTION. 
 
 ALBANY : 
 
 WEED, PARSONS AND COMPANY. 
 
 18G8.
 
 THIS VOIiUME BELONGS TO THE LIBRARY OF THE SCHOOL DISTRICT TO 
 WHICH IT IS SENT. IT IS TO BE KEPT, HOWEVER, IN THE CUSTODY OP THE 
 DISTRICT CLERK, AND DELIVERED BY HIM TO ANY TAXABLE INHABITANT 
 OR VOTER OF THE DISTRICT, TO BE RETAINED NOT EXCEEDING THREE DAYS ; 
 EXCEPT THAT, WHEN ANY AimUAL, SPECIAL OR ADJOURNED DISTRICT MEET- 
 ING IS TO TAKE PLACE WITHIN FIVE DAYS, THIS BOOK IS NOT TO BE DE- 
 LIVERED TO ANY INHABITANT, BUT MUST BE RETAINED BY THE CLERK AND 
 PRODUCED BY HIM AT SUCH MEETING FOR CONSULTATION BY THE VOTERS. 
 
 WHEN SENT TO ANY SCHOOL OFFICER, HE HOLDS THE SAME ONLY IN HI3 
 OFFICIAL CAPACITY, AND MUST DELIVER IT, ON THE EXPIRATION OF HIS 
 TERM. TO HIS SUCCESSOR IN OFFICE.
 
 LB 
 19 68 
 
 PREFACE. 
 
 The Legislature of 1864 directed the Superintendent of Public 
 Instruction to cause the school laws to be published, with com- 
 ments, forms and instructions for the information and guidance 
 of school officers and the people generally, but no appropriation 
 was made to pay the expense of their publication until April, 
 1866. This omission on the part of the Legislature, with a desire 
 on my part that these laws should be perfected in a few important 
 details, and that all the schools should be free, before so con- 
 siderable an expense should be incurred for a work intended, to 
 be a permanent guide, has delayed their publication until this 
 time. 
 
 The act of 1864, in which the provisions of the school laws are 
 classified under separate titles and articles, bringing together all 
 •those upon the saine subject, was an improvement upon any 
 former school act. This volume contains that act, as subsequently 
 amended, in the same order of titles, articles and sections which 
 it has in the statute book. The comments, explanations and forms 
 will, therefore, be readily referred to and understood. An attempt 
 has been made to compress them Avithin as brief a space as was 
 consistent with full statement and clear illustration. It is hoped
 
 rv Preface. 
 
 that the instructions and comments upon the duties of commis- 
 sioners in relation to the formation and alteration of districts, 
 the visitation of schools, the examination of teachers, and 
 the apportionment of school moneys, will leave nothing to be 
 explained. Great care has been taken to elucidate, for the benefit 
 of trustees, the law touching the valuation of property, the assess- 
 ment and collection of taxes, and the making out of tax lists and 
 warrants. The several modes of acquiring title to school-house 
 sites have been explained. The manner of making out the annual 
 reports is fully illustrated. Appended to the special act for the 
 taking of land for sites, page 243, is an instructive essay upon 
 the history of our laws relating to real estate, and the origin and 
 extent of the principle of eminent domain. 
 
 Laws about the taxation of banking corporations, all the Normal 
 school acts, and several other statutes affecting the common schools, 
 are included in this volume. 
 
 The digest of decisions of the Department of Public Instruction 
 lias been increased by many new cases. Obsolete decisions have 
 been omitted. All have been collated and classified under appro- 
 priate heads. A digest of the decisions of our Supreme Court 
 and Court of Appeals, pertaining to the School Laws, has been 
 added. 
 
 An alphabetical list of all the laws relating to schools has been 
 prepared and inserted. 
 
 A table of contents, with a concise abstract of every section of 
 the School law, and a reference to the page where it may be 
 found, precedes the act. 
 
 An index, complete in its reference to every important matter 
 contained in the volume, and not so minute as to be confusing and 
 tedious to the examiner, concludes the volume.
 
 Preface. v 
 
 A. G. Johnson, Esq., has assisted in the preparation of this 
 
 work. His familiarity with school laws and the history of the 
 
 school policy of the State, and his legal ability, have enabled him 
 
 thus to render to me and the public an important service, for 
 
 which I desire to give him credit. 
 
 V. M. R.
 
 TABLE OF CONTENTS 
 
 GENERAL SCHOOL LAW, 
 
 titl'e I. 
 
 BKCTION. PAGE. 
 
 Of the Superintendent of Public Instruction, his election and his 
 
 general powers and duties, 1 
 
 1. Of the election of Superintendent and his term of office, 1 
 
 2. Of the deputy superintendent, 3 
 
 3. Office to be in State Hall, 3 
 
 4. Of the salary of the Superintendent, 3 
 
 5. Of the clerks and their compensation, 3 
 
 6. Of the seal of office, and of the authentication of papers, 3 
 
 7. Trustee, ex officio, of various institutions, 4 
 
 8. Of his duties in relation to institution for deaf and dumb, 4 
 
 9. Of the selection of pupils for institutions for deaf and dumb, and for 
 
 the blind, 5 
 
 10. Of the support of pupils in said institutions, 5 
 
 11. Of forms and regulations for selecting pupils, 6 
 
 12. Of visitors to ex^ine common schools, 14 
 
 13. Of his visitation of common schools, 15 
 
 14. Of his annual report to the Legislature, , "15 
 
 15. Of granting certificates and licenses to teach, 15 
 
 16. Of the annulment of certificates, 16 
 
 17. Of the record of certificates granted and annulled, 16 
 
 18. Of the removal from office of school officers, 16 
 
 19. Of preparing forms and blanks, and of issuing instructions ibr the 
 
 business of the school officers, 18 
 
 TITLE II. 
 
 Of the school commissioners, their election, powers and duties, 18 
 
 1. The office continued 18 
 
 2. Of the school commissioner districts, 18 
 
 3. Of the election of school commissioners 18
 
 vin Contents. 
 
 BKCnON. PAOK. 
 
 4. Of his term of office and of vacancies, 19 
 
 5. Of resignations and how the office shall be vacated, 20 
 
 6. Of the filling of vacancies, 20 
 
 7. Of his salary from United States deposit fund, 20 
 
 8. Of salary from board of supervisors, 20 
 
 9. Of expenses, how audited and paid, 20 
 
 10. Of removal from office for cause, 21 
 
 11. Of commissioner doing duty in adjoining district, 21 
 
 12. Commissioner not to act as book agent, 21 
 
 13. Of his general powers and duties, 22 
 
 14. Of his taking affidavits and reporting testimony, 38 
 
 15. Of his duties, subject to Superintendent of Public Instruction, 39 
 
 TITLE III. 
 Of the State and other school moneys, their apportionment and dis- 
 tribution, and, herein, of trusts and gifts for the benefit of common 
 
 schools, 40 
 
 FIRST ARTICLE. 
 Of the State school moneys, and their apportionment by the Superin- 
 tendent of Public Instruction, and payment to the county and city 
 
 treasurers, 40 
 
 1. State tax of one and one-fourth mills, 40 
 
 2. Tax for must be levied, 41 
 
 3. Moneys, how paid in and drawn out 41 
 
 4. Comptroller to withhold moneys from any county \mtil tax is raised 
 
 and paid over, 41 
 
 5. What are State school moneys, 41 
 
 6. Apportionment by State Superintendent, 42 
 
 7. The district quotas, how apportioned, 43 
 
 8. The two-thirds apportioned according to population, ^ 45 
 
 9. Apportionment to separate neighborhoods, 46 
 
 1(T. Omissions, how corrected and made up 46 
 
 11. Excessive apportionment, how corrected, 46 
 
 12. Deficiencies, how made good, 47 
 
 13. Apportionment, to whom certified, 48 
 
 14. Moneys, when payable, 48 
 
 SECOND ARTICLE. 
 Of trusts for the benefit of common schools, and of town school funds, 
 
 fines, penalties, and other moneys held or given for their benefit, . . 48 
 
 15. Property that may be granted, and to whom, 48 
 
 16. Grants not void for want of a competent trustee, 48 
 
 17. The control and regulation of trusts, 49 
 
 18. Reports of condition of trusts 49 
 
 19. Supervisor's report of town funds, 49
 
 Contents, ix 
 
 SECTION. PAOB. 
 
 20. Supervisor's report of " poor money," 49 
 
 21. Report of Superintendent of Public Instruction concerning trust funds, 50 
 
 22. Fines and penalties, how paid, collected and reported, 50 
 
 23. District attorneys' report of prosecutions, and of fines and penalties 
 
 collected, 53 
 
 24. Rnes and penalties for districts, towns or cities, how credited, 53 
 
 25. How credited when district lies in two or more towns, 53 
 
 26. Penalty for embezzlement of moneys by officers, 53 
 
 THIRD ARTICLE. 
 
 Of the apportionment of the State school moneys, and of other school 
 moneys, by the school commissioners, and their payment to the 
 
 supervisors, 54 
 
 87, sub. 1. Library moneys set apart, 54 
 
 " 2. District quotas, 54 
 
 " 3. Unexpended moneys in hands of supervisors, 54 
 
 " 4. Fines and penalties in hands of county treasurers, 54 
 
 " 5. Library moneys to joint districts, 54 
 
 " 6. Limitation applicable to last subdivision, 55 
 
 " 7. Apportionment according to average attendance, 55 
 
 " 8. Moneys set apart to districts and neighborhoods, 55 
 
 " 9. Certificates of apportionment, how made, signed, and to whom 
 
 transmitted, 55 
 
 " 10. Certified statement to supervisors, 55 
 
 28. Errors, how corrected, 63 
 
 29. Wliat districts forfeit apportionment, 63 
 
 30. Supervisors to make copy of certificate, and file original with town 
 
 clerks, 63 
 
 31. Supervisors to give bonds, 63 
 
 33. Penalty for refusal to give bonds, ; . . 64 
 
 TITLE IV. 
 Of the disbursement of the school moneys by the supervisors, and of 
 
 some of their special powers, duties and liabilities under this act, . , 64 
 
 1. Supervisors have charge of gospel and school funds, 64 
 
 2. Supervisors have custody of certain poor funds, 66 
 
 3. Penalty for embezzlement, 67 
 
 4. Supervisors' return to county treasurers, 68 
 
 5. Penalty for neglect to make return, 68 
 
 6. sub. 1. Supervisors to disburse library moneys and moneys applicable 
 
 to teachers' wages, on written orders of trustees, 68 
 
 " 2. Other library moneys, on similar orders, for books, maps, etc., 68 
 
 " 3. Moneys for union free school district, 68 
 
 " 4. A just and true account to be kept, 68 
 
 " 5. Blank book for keeping accoimts, 69 
 
 n
 
 X Contents. 
 
 BBCnON. PAOE. 
 
 6, sub. 6. To make final account within fifteen days, 69 
 
 " 7. When to demand moneys of predecessor, 69 
 
 " 8. When to pay over moneys to successors, 69 
 
 " 9. To sue for fines and penalties, 69 
 
 " 10. To act in the alteration of school districts, 69 
 
 TITLE V. 
 
 Of the duties of the town clerk under this act, 73 
 
 1, sub. 1. Carefully to keep books, maps, etc., 72 
 
 " 2. To file certificates of apportionment, 73 
 
 " 3. To notify trustees of such filing, 72 
 
 " 4. To obtain annual reports of trustees, and give to school com- 
 missioners their names and post-office address, 73 
 
 " 5. To distribute blanks and circulars, 72 
 
 " 6. To record supervisor's annual account, 72 
 
 " 7. To record supervisor's final account, *. 72 
 
 " 8. To record certificate of treasurer that supervisor has executed 
 
 bond 72 
 
 " 9. To record description of school districts, , 73 
 
 " 10. To act in alteration of school districts, 73 
 
 " 11. To preserve books and records of dissolved districts, 73 
 
 " 12. Other duties, 73 
 
 3. His expenses a town charge, 73 
 
 TITLE VI. 
 Of the formation, dissolution and alteration of school districts and 
 
 separate neighborhoods, 75 
 
 1. sub. 1. School commissioners form districts, 75 
 
 " 2. Set off joint districts, 75 
 
 " 3. Set off separate neigliborhoods, 75 
 
 " 4. Description and numbering of districts, 75 
 
 " 5. To deliver description to town clerk, 75 
 
 2. Alteration of districts with consent of trustees, 83 
 
 3. Order, when trustees refuse their consent 84 
 
 4. Notice of such order to trustees, and request to supervisor and town 
 
 clerk to be associated with commissioner, 84 
 
 5. Pay for services of town clerk and supervisor 88 
 
 6. Formation of districts out of parts of two or more school commissioners' 
 
 districts, 88 
 
 7. Joint meeting of commissioners 89 
 
 8. Rights of property of consolidated district, 89 
 
 9. Sale of property of dissolved district 89 
 
 10. Debts duo dissolved district, how collected 91 
 
 11. Dissolved district to be deemed in existence until all business^ affairs 
 
 are settled 93
 
 Contents. xi 
 
 BECTIOK. PAGE. 
 
 12. Books, papers aad vouclicrs of dissolved district to be deposited wth 
 
 town clerk, 93 
 
 TITLE VII. 
 Of school district and neigliborbood meetings, and of the choice, 
 
 duties and powers of school district and neighborhood officers, .... 92 
 
 FIRST ARTICLE. 
 Of school district and neighborhood meetings, the voters and their 
 
 powers generally, 93 
 
 1. Notice of formation of district, and calling of first meeting, 93 
 
 3. Inhabitants, how notified, 94 
 
 3. Second notice, if there is failure to hold first, 95 
 
 4. Commissioner may give notice of meeting, when all the officers have 
 
 removed therefrom, 95 
 
 5. Penalty for neglecting to serve notice, .• 95 
 
 6. Special meetings, how called and noticed, 96 
 
 7. Proceedings not illegal for want of notice to all the inhabitants entitled 
 
 to vote, 96 
 
 8. Annual neighborhood meetings to be held second Tuesday of October, 97 
 
 9. Annual district meetings to be held second Tuesday of October, 97 
 
 10. If annual meeiing be not held, and if within twenty days a special 
 
 meeting be not called, the supervisor or Superintendent of Public 
 
 Instruction may call meeting, 97 
 
 11. Duties of inhabitants to attend meeting, 98 
 
 12. Qualifications of voters, 98 
 
 13. Oath of person challenged, 103 
 
 14. Penalty for taking false oath, 103 
 
 15. Meetings in separate neighborhoods, 104 
 
 10. sub. 1. Inhabitants in district meeting may appoint a chairman, 104 
 
 " 3. May appoint clerk pro tempore, 104 
 
 " 3. May adjourn from time to time, 104 
 
 " 4. May choose one or three trustees, clerk, collector and librarian, 104 
 
 " 5. May fix amoimt of collector's bond, 104 
 
 " 6. May designate site of school-house, 104 
 
 " 7. May vote taxes to buy or lease sites to build and repair houses, 104 
 
 " 8. May vote $25 a year to buy maps, etc., 104 
 
 " 9. May vote $10 a year for district library, 104 
 
 " 10. May vote tax to make up deficiency in former taxes, 105 
 
 " 11. May authorize house to be insured, 105 
 
 " 12. May alter, repeal or modify proceedings, 105 
 
 " 13. May vote a tax to buy a book to record their proceedings, 105 
 
 " 14. May vote taxes to replace moneys lost or embezzled, to pay 
 
 reasonable costs, expenses of officers in suits or proceedings. 105 
 " 15. May vote $25 to meet anticipated deficiencies, or wages of 
 
 teachers, 105
 
 xn Contents, 
 
 SHCTION. PASB. 
 
 16. Bub. 16. May vote tax to pay teacliers' wages, after the application of 
 
 public money ; but if such tax is not voted the trustees may 
 levy a tax for whatever is due, 118 
 
 SECOND ARTICLE. 
 
 Of district school-houses and sites, 121 
 
 17. School-house must not be built upon division lines of towns, 131 
 
 18. Tax for building, hiring or purchasing school-house exceeding $1,000,. 121 
 
 19. Tax for building may be raised by installments, 121 
 
 20. Change of site, 122 
 
 21. Sale of old site and disposal of proceeds, 123 
 
 22. Proceeds of sale, how applied, 124 
 
 THIRD ARTICLE. 
 
 Of the qualification, election, choice and terms of office of district 
 and neighborhood officers, and of vacancies in such offices, 125 
 
 23. Eligibility of district officers, 135 
 
 34. Residence of officers, 125 
 
 25. Terms of office 125 
 
 26. When terms shall expire, 126 
 
 27. First annual meeting. Sole trustee, or three trustees, 126 
 
 28. Notice to persons elected to office, 126 
 
 29. Collector not giving bond vacates his office, 127 
 
 30. Vacancy in office of trustees, how filled, 127 
 
 31. Trustee refusing to serve, vacates his office, 127 
 
 32. Trustees may fill vacancy in office of clerk, collector, or librarian, 127 
 
 33. Appointments to fill vacancies, filing notice of, 128 
 
 34. Penalties for refusal to serve, 138 
 
 35. Resignation accepted by supervisors, 128 
 
 FOURTH ARTICLE, 
 
 Of the duties of the neighborhood clerk, and of the district clerk 
 and librarian, 129 
 
 86. Record of proceedings of neighborhood, 129 
 
 87. Bub. 1. Clerk to record proceedings, 129 
 
 " 2. Notice of meetings, 129 
 
 " 3. Notice in writing in case of adjournment for more than a month, 129 
 
 " 4. Notice of annual meeting 129 
 
 " 5. Notice to persons appointed or elected to office, and post-office 
 
 address of district officers 139 
 
 " 6. Notice of resignation to supervisors, 129 
 
 " 7. Preservation of record and penalty for neglect, 129 
 
 " 8. Books and papers of dissolved districts 129 
 
 9. To attend meetings of trustees, 130 
 
 " 10. When to call special meetings, 130 
 
 38. Librarian has charge of library, 13f*
 
 Contents. xiii 
 
 BECnON. PAGE. 
 
 FIFTH ARTICLE. 
 
 Of the pupils and teachers, 131 
 
 39. Common schools free. Non-residents, 131 
 
 40. Indian children not admitted 132 
 
 41. Qualifications of teacher, 132 
 
 42. School moneys cannot be paid to unqualified teacher 133 
 
 43. Penalty for paying school moneys to unqualified teacher, 133 
 
 44. Teachers must keep accounts and school lists 133 
 
 SIXTH AETICLE. 
 
 Of the trustees, their powers and duties ; and, herein, of school 
 
 taxes, and annual reports, 134 
 
 45. District property vested in trustees 134 
 
 46. Powers of a sole trustee, 134 
 
 47. Board of trustees, how to act, 134 
 
 48. Powers of trustees, when there is one and when two vacancies, 135 
 
 49. sub. 1. Calling of special meetings, 135 
 
 " 2. Notices of meetings, 135 
 
 " 3. Making out tax lists, ' 136 
 
 " 4. Annexing warrant to tax list, 136 
 
 " 5. Purchasing of sites, and building ; leasing and hiring of school- 
 houses, 136 
 
 " 6. Custody of school property, 136 
 
 " 7. Insurance of school property, 136 
 
 " 8. Insurance of library, 136 
 
 " 9. Employment of teachers, 136 
 
 " 10. Payment of teachers, 136 
 
 " 11. Division of school money for the terms of school, 137 
 
 " 12. Library money less than $3, 137 
 
 " 13. Orders on supervisors for school and library moneys, 137 
 
 " 14. Tax for residue of teachers' wages, after the application of 
 
 public moneys, 137 
 
 50. Repairing school-house, abating nuisances, providing furniture, etc., 
 
 and hiring temporary rooms, 146 
 
 51. Taxes for expenses, or charges authorized by law, or by vote of the 
 
 district 147 
 
 52. Use of school-house by persons assembling for education, learning, or 
 
 music, 148 
 
 53. Blank-books for accounts and for teachers' lists, 148 
 
 54. If supervisor do not pay over moneys apportioned to district, to give 
 
 notice to county treasurer and to Superintendent Public Instruction, 150 
 
 55. Account rendered to district meeting, 1.50 
 
 50. Outgoing trustee to pay moneys to successor, 150 
 
 57. Penalty for neglect or refusal so to pay, 150 
 
 58. Penalty for willful neglect or refusal, 151
 
 xrv Contents. 
 
 SECTION. PASS. 
 
 59. Suits for moneys in hands of former trustees, 151 
 
 60. Annual report to school commissioner 151 
 
 61. What shall be included in annual reports, 152 
 
 62. Reports of joint districts, 152 
 
 63. Reports of separate neighborhood, 152 
 
 64. Penalty for making false reports, 152 
 
 SEVENTH ARTICLE. 
 
 Of the assessment of district taxes, and the collection of such taxes ; 
 and, herein, of the collector, his powers, duties and liabilities, 166 
 
 65. Making out of tax lists 166 
 
 66. What property shall be included in tax list, 169 
 
 67. Valuation, how ascertained, 178 
 
 68. Proceedings when reduction is claimed, 180 
 
 69. Equalization of property lying partly in two or more towns, 183 
 
 70. Persons working land to be deemed possessors, 184 
 
 71. Persons owning or holding property in a district, improving it by 
 
 servant or agent, to be deemed taxable inhabitants, 185 
 
 72. When tenants may charge owners of land with tax, 185 
 
 73. When a man is exempt from tax for building school-house, 186 
 
 74. Non-resident land, how assessed and taxed, 186 
 
 75. If non-resident tax is unpaid, how returned, 187 
 
 76. Trustees to transmit account to county treasurer, 189 
 
 77. Treasurer to pay the amount, . 189 
 
 78. Board of supervisors to impose tax on persons and property liable, 192 
 
 79. Person liable for tax, when he may pay, 190 
 
 80. Proceedings of board of supervisors, 190 
 
 81. Warrant for collection of tax, 191 
 
 82. Warrant, when to be delivered to collector, 193 
 
 83. Collector's bond, 193 
 
 84. Collector to receive payment for two weeks, 194 
 
 85. Collector's jurisdiction, 195 
 
 86. Renewal of warrant by trustees, 195 
 
 87. Errors in tax list, how amended, 196 
 
 88. Collector to have custody of moneys, and to report to annual meeting, 197 
 
 89. Collector's liability, 198 
 
 90. Remedy of trustees for forfeitures of bond, 198 
 
 TITLE VIII. 
 
 Of school district libraries and the application of library moneys, 199 
 
 1. Districts may raise tax of $10, 199 
 
 2. Library money, $55,000, how apjilied, 200 
 
 3. When it may be used for purchasing aiijjaratus, &c 201 
 
 4. When the district's share is less tlian $3, it may be used for teachers' 
 
 wages, 202
 
 Contents. xv 
 
 BECnoiC. PAGB. 
 
 5. Trustees to be in charge of library, 203 
 
 6. Liability of trustees for lost books, 203 
 
 7. Moneys and fines recovered, how applied, 203 
 
 8. Adjoining districts may unite libraries, 203 
 
 9. Agreement to unite, how terminated, 204 
 
 10. Property, how distributed after dissolution of agreement, 204 
 
 11. Regulations for libraries, 205 
 
 12. Report by trustees to Superintendent of Public Instruction of the condi- 
 
 tion of library, 210 
 
 13. Penalty for neglecting or refusing to report ■ 210 
 
 14. Superintendent may select books for district libraries at request of 
 
 trustees, 211 
 
 15. Repeal of act of April 12, 1856, 311 
 
 TITLE IX. 
 
 Of union free schools, 211 
 
 1. Petition to call meeting, 211 
 
 2. Notices, how given and posted, 313 
 
 3. Expenses, how paid, 313 
 
 4. When trustees must call meeting, 213 
 
 5. Organization of meeting and election of officers, 314 
 
 6. Board of education within the limits of incorporated city or village,.. . 216 
 
 7. Powers of board, 216 
 
 8. The raising of taxes, 217 
 
 9. Duties of board in case corporate authorities refuse to provide for 
 
 expenses, 217 
 
 10. Powers of voters in districts not within corporate limits, 318 
 
 11. Schools to be free, 319 
 
 13. Union districts to be deemed school districts for the purposes of appor- 
 tionment and distribution of school moneys, 219 
 
 13. General powers of board of education in cities and villages, 319 
 
 14. Powers of board in other districts, 330 
 
 15. Statement in writing of moneys wanted, 231 
 
 16. Vote to be taken on raising money, 321 
 
 17. Disputed questions, how settled, 331 
 
 18. Visitation of schools, 331 
 
 19. Meetings of board, 331 
 
 20. Expenilitures, how made by board, 233 
 
 21. Moneys, how to be kept and paid out in cities and villages 223 
 
 23. Moneys, how to be kept and paid out in other districts, 233 
 
 23. Academical departments 233 
 
 24. Academies may become departments in union free school districts, . . . 223 
 
 25. Subject to visitation of Superintendent of Public Instruction, 223 
 
 26. Superintendent may remove members of board for cause, 224 
 
 27. To what schools tliis title applicable, 224
 
 XVI Contents. 
 
 SECTION. PAGE. 
 
 TITLE X. 
 
 Of schools for colored children, 224 
 
 1. Organized in cities, 224 
 
 2. Organization in union school districts, 225 
 
 3. Teachers of, 225 
 
 4. Eepeal of § 147, chap. 480, Laws of 1847, 225 
 
 TITLE XL 
 Of teachers' institutes, 225 
 
 1. How to be organized, 225 
 
 2. Notice of holding institute, 225 
 
 3. Advice of Superintendent of Public Instruction, 225 
 
 4. Regulations to govern, 226 
 
 5. Time of teachers attending to be allowed, 226 
 
 6. Expenses of institute, how paid 227 
 
 7. School commissioner's report of holding, 227 
 
 TITLE XIL 
 
 Of appeals to the Superintendent of Public Instruction, 229 
 
 1. On what grounds appeals may be brought, 229 
 
 2. Powers of Superintendent, 229 
 
 3. Record of appeals and rules for 229 
 
 TITLE XIIL 
 
 Miscellaneous provisions, 234 
 
 1. Lost school moneys, how recovered, 234 
 
 2. Penalties, how sued for, 234 
 
 3. Penalty for disturbing school and district meetings, 234 
 
 4. Comi)laint of and trial for 235 
 
 5. Punishment of persons found guilty, 235 
 
 0. Actions against school officers 235 
 
 7. Costs and expenses of school officers, 236 
 
 8. Meetings to vote payments of costs, charges and expenses, 236 
 
 9. Appeal to county judge, 236 
 
 10. Duty of county judge, 237 
 
 11. Trustees to levy tax for amount ordered to be paid, 237 
 
 12. Support of Indian schools, 238 
 
 18. Publication of school laws 239 
 
 14. General repealing clause 239 
 
 Rate bills abolished. Section 26, chap. 406, Laws of 1807 240 
 
 School tax of one and one-fourth mills upon the dollar. Section 25, chap. 
 
 406, Laws of 1867, 240 
 
 Directions about city taxation for local purposes. Section 27, chap. 406, 
 
 Laws of 1807. 243
 
 STATUTES RELATMG TO COMMOl^ SCHOOLS. 
 
 CHAP*. 555. 
 
 AN ACT to revise and consolidate the General Acts relating to 
 Public Instruction, as amended by subsequent statutes. 
 
 Passed May 2, 1864, tliree-fiftlis being present. 
 
 The People of the State of I^ew York, represented m Senate and 
 Assembly, do enact as follows: 
 
 TITLE I. 
 
 OF THE SUPEPJXTEXDEXT OF PUBLIC I^fSTnUCTIOX, IDS ELECTION 
 AXD GEXEP.AL POWERS AND DUTIES. 
 
 Section- 1. The office of State Superintendent of Public Instruc- 
 tion is continued, and the term of said office shall be three years, 
 commencing on a day after an election thereto, and continuing 
 until a successor shall liave been dul}^ elected. Such Superintend- 
 ent shall be elected by joint ballot of tlie Senate and Assembly, on 
 the first Tuesday of April, one thousand eight hundred and sixty- 
 five, and on the first Tuesday of April next after the occurrence 
 of any vacancy in the office. 
 
 The first section of the " act for the establishment of coniraon schools," passed 
 June 19, 1813, provided for the appointment of an officer, to be styled the 
 Superintendent of Common Schools, with a salary of $300 a year. On the 14th 
 of January, 1813, the Council of Appointment appointed Gideon Hawley, of 
 Saratojra county, Superintendent of Common Schools. He held the office until 
 February 22, 1821, when Welcome Esleeck, of Albany, was appointed. But the 
 Leo-islatutc, by a clause in the supply bill, April 3, 1821, abolished the ofiice, 
 and devolved its duties upon the Secretary of State, wliich officer continued to 
 be, C.C ojjido, Superiutendeut of Common Schools until April 4, 1851, when the
 
 2 Superintendent op Public Instruction. 
 
 first Superintendent of Public Instruction was elected, under tlie act of March 
 30, 1854. 
 
 The office was administered by John Van Ness Yates from April 3, 1821» 
 until February 14, 1826, he ha\-ing lieen re-appointed by the Legislature, under 
 the Constitution of 1821, on the 13th February, 1823. He was superseded Feb 
 ruary 14, 1826, by Azariah C. Flagg. 
 
 Azariah C. Flagg administered the office imtil February 1, 1833 ; John A. Dix 
 administered the office until February 4, 1839 ; John C. Spencer administered 
 the office until October 11, 1841 ; Samuel S. Randall, deputy, administered the 
 office until February 7, 1842 ; Samuel Young administered the office until 
 February 3, 1845 ; Nathaniel S. Benton administered the office until December 
 31, 1847 ; Christopher Morgan administered the office until December 31, 1851 ; 
 Henry S. Randall administered the office until December 31, 1853 ; Elias W. 
 Leavenworth administered the office until April 8, 1854 ; Victor M. Rice, Super- 
 intendent of Public Instruction, administered the office until April 7, 1857 ; 
 Henry H. Van Dyck, Superintendent of Public Instruction, administered the 
 office until April 19, 1861 ; Emerson W. Keyes, Acting Superintendent of 
 Public Instruction, administered the office until February 1, 1862. Victor M. 
 Rice was elected Superintendent of Public Instruction February 1, 1862, and 
 re-elected April 4, 1865. 
 
 § 2. lie shall appoint a deputy; and, in case of a vacancy in the 
 office of Superintendent, the depiity may perform all the duties of 
 the office until the day after the day hereinbefore fixed for an 
 election by the Senate and Assembly. In case the office of both 
 Superintendent and deputy shall be vacant, the Governor shall ap- 
 point some person to fill the office, until the Superintendent shall 
 be elected and assume it. 
 
 The business of the Superintendent of Common Schools was done by that 
 officer without an assistant or clerk, until the duties were imposed upon 
 the Secretary of State. After that time the work was chiefly perfonned by 
 a clerk. In 1841 the Legislature authorized the appointment of a general 
 deputy superintendent of common schools, and Samuel S. Randall, who, as 
 clerk under Mr. Dix, had for many years had charge of the school department , 
 was sworn- in as general deputy, July 12, by John C. Spencer. He acted as 
 Superintendent from October 11, 1841, until February 7, 1842, Mr. Spencer 
 having resigned Ills office and accepted from President John Tyler the position 
 of Secretary of War. He continued in the office as deputy until October 1, 
 1846, when Samuel L. Holmes was appointed in his place. Alexander 0. John- 
 son was appointed in place of Mr. Holmes, February 1, 1848. On thp 8th De- 
 cember, 1849, Mr. Johnson having been made deputy secretary of state, Jlr. S. 
 S. Randall again became deputy superintendent. January 1, 1852, Henry W. 
 Johnson was appointed in place of Mr. Randall, who was again appointed Jan- 
 uary 2, 1854, and held the office until the Department of Public Instruction was
 
 Powers axd Duties or Superintendent. 3 
 
 created, and Mr. Rice assumed the office, April 8, 1854. He was appointed 
 dejiuty superintendent of public instruction by Mr. Rice, and served until he 
 accepted the office of superintendent of common schools, in the city of New 
 York. Joseph J. Cliambers was appointed in his place, June 14, 1854, but was 
 succeeded by Erasmus Peshine Smith, December 26, 1854. Mr. Smith was 
 succeeded by Emerson W. Keyes, who held the office until August 19, 1865, 
 when Samuel D. Barr was appointed in his place. 
 
 § 3. The Superintendent's office sliall continue to be in the State 
 Hall, and maintained at the expense of the State. 
 
 § 4. His salary shall be two thousand five hundred dollars a 
 year, payable quarterly, by the Treasurer, on the warrant of the 
 Comptroller. 
 
 § 5. He may appoint so many clerks as he may deem neces- 
 sary; but the compensation of such clerks shall not exceed in the 
 aggregate the sum of five thousand dollars in any one year, and 
 shall be payable monthly by the Treasui-er, on the warrant of the 
 Comptroller and the certificate of the Superintendent.* 
 
 § 6, The seal of the Superintendent, of which a description and 
 impression are now on file in the office of the Secretary of State, 
 shall continue to be his official seal, and, when necessary, may be 
 renewed from time to time. Copies of all papers deposited or filed 
 in the Superintendent's office, and of all acts, orders and decisions 
 made by him, and of the drafts or machine copies of his official 
 letters, may be authenticated nnder the said seal, and, when so 
 authenticated, shall be evidence equally with and in like manner 
 as the originals. 
 
 Chapter 129 of the Laws of 1838 pro%'ides that no " record, whereof a tran- 
 script duly certified may by law be read in evidence, sliall be removed by vir- 
 tue of any subpoena duces tecum from the proper office in which such record 
 shall be kept, * * » * unless by order of some court of record, 
 made in open court, and entered in the minutes thereof, which order shall specify 
 that the production of such record instead of such transcript is necessary." 
 
 The Revised Statutes, section 74, title 3, chapter 7, part 3, provide that 
 " whenever a certified copy of any affidavit, record, document, or other paper is 
 declared by law to be evidence, such copy shall be certified, by the clerk or officer 
 in whose custody the same is required by law to be, to have been compared by 
 him with the orifrinal, and to be a correct transcript therefrom and of the whole 
 of such original ; and, if such officer have any official seal bylaw, such certificate 
 shall be attested by such seal." The 76th section of the same title provides 
 
 * As amended by chapter C20, Laws of 1866.
 
 4 Powers and Duties of Superintendent. 
 
 "that " in all cases, %vliere tlie seal of any court or of any public officer shall be' 
 authorized or required by law, the same may be affixed by making an impression 
 directly on the paper, which shall be as valid as if made on a wafer or on wax." 
 
 § 7. The Supei-intendent shall be, ex officio, a trustee of the 
 People's college, and of the New York State asylum for idiots, 
 a Regent of the University of the State of New York, and chair- 
 man of the executive committee of the State normal school ; he 
 shall have the general supervision of the training school for pri- 
 mary teachers in the city of Oswego, with the powers conferred 
 upon him by chapter four hundred and eighteen of the Laws of 
 eighteen hundred and sixty-three ; and he shall provide for the 
 education of the Indian children of the State, as required by chap- 
 ter seventy-one of the Laws of eighteen hundred and fifty-six. 
 
 Ho is also a trustee of the Cornell university, established at Ithaca, and 
 incorporated by chapter 585, Laws of 1865. 
 
 He has also the general supervision of the four nonnal schools established 
 at Fredonia, Brockport, Cortland and Potsdam, by virtue of chapter 466, Laws 
 of 1866 ; and of the similar schools authorized at Genesco, by chapter 195, and 
 at Bixifalo, by chapter 583, Laws of 1867. 
 
 § 8. The institution for the instruction of the deaf and dumb, 
 the New York institution for the blind, and all other similar insti- 
 tutions, incorporated, or that may be hereafter incorporated, shall 
 be subject to the visitation of the Superintendent of Public Instruc- 
 tion, and it shall be his duty : 
 
 1. To inquire, from time to time, into the expenditures of each 
 institution, and the systems of instruction pursued therein, respect- 
 ively ; 
 
 2. To visit and inspect the schools belonging thereto, and the 
 lodgings and accommodations of tlie pupils ; 
 
 3. To ascertain, by a comparison witli otlier similar institutions, 
 whether any improvements in instruction and discipline can bo 
 made ; and for tliat purpose to appoint, from time to time, suita- 
 ble persons to visit the schools; 
 
 4. To suggest to the directors of such institutions, and to the 
 Legislature,' such improvements as he shall judge expedient ; 
 
 5. To make an annual report to the Legislature on all the mat- 
 ters before enumerated, and particularly as to the condition of the 
 schools, the improvement of the pupils, and their treatment in re- 
 spect to board and lodging.
 
 Powers and Duties of Superintendent. 6 
 
 § 9. Every indigent person, resident in this State, between 
 twelve and twenty-five years of age, whose parent or parents, or, if 
 an orphan, wliose nearest friend, shall have been resident in this 
 State for the three years preceding, and who may make applica- 
 tion for tliat purpose, shall be received, if deaf and dumb, into the 
 institution ibr the deaf and dumb; and, if blind, into the New 
 York institution for the blind, provided his or her application be 
 approved by the Superintendent of Public Instruction ; and in 
 those cases where, in his opinion, absolute indigence is not estab- 
 lished, he may approve of such application, and, at the same time, 
 may impose conditions, whereby some proportionate share of the 
 expense of educating and clothing such pupils shall be paid into 
 the treasury, by their parents, guardians or friends, in such way 
 and manner, and at such time or times, as he shall designate, 
 which conditions he may subsequently modify as he shall deem 
 expedient. 
 
 § 10. Each pupil so received into either of the institutions afore- 
 said shall be provided with board, lodging and tuition ; and the 
 directors of the institution shall receive for each pupil so provided 
 for, the sum of * dollars per annum, in quarterly payments, 
 
 to be paid by the Treasurer of the State, on the warrant of the 
 Comptroller, to the treasurer of said institution, on his presenting 
 a bill showing the actual time and number of such pupils attend- 
 ing the institution, and which bill shall be signed by the president 
 and secretary of the institution, and verified by their oaths. The 
 regular term of instruction for such pupils shall be five years ;f but 
 the Superintendent of Public Instruction may, in his discretion, 
 extend the term of any pupil for a period not exceeding three 
 years. The pupils provided for in this and the preceding section 
 of this title shall be designated State pupils ; and all the existing 
 provisions of law ai)plicable to State pupils now in said institu- 
 tions shall apply to pupils herein provided for. 
 
 * Prior to 1822 the yearly allowance was $130, but was then increased to $150. 
 
 t Chapter 24-4, Laws of 1833, had authorized an extension of two years. Section 3 of chap- 
 ter 272, Laws of 1S51, authorizes an extension of three years beyond the full term of eight 
 years, as follows : " § 3. It shall be lawful for the Superintendent of Public Inslnictiou to 
 continue at the said institution, for a period not exceeding three years, for the purpose of 
 pursuing a course of studies in the higher branches of learning, such pupils, not exceeding 
 twelve iu number, as may have completed their full term of instruction, and who may bo 
 recommended by the directors of the institution." 
 
 Tiie tweive pupils thus selected arc knoM-u as the " high class."
 
 6 PowEKS AND Duties of Superintendent. 
 
 § 11. The Superintendent of Public Instruction may make such 
 regulations and give such directions to parents and guardians, in 
 relation to the admission of pupils into either of the above named 
 institutions, as Avill prevent pupils entering the same at irregular 
 periods. 
 
 (1.) Institution for the Deaf and Dumb. — The institution for the instruc- 
 tion of the deaf and dumb was incorporated by chapter 264, Laws of 1817, 
 passed April 17. By chapter 338, Laws of 1819, passed April 13, it received 
 from the State $10,000, and by chapter 250, Laws of 1821, passed April 8, 
 $2,500. By chapter 284, Laws of 1822, passed April 16, provision was made 
 for the selection of thirty-two indigent deaf and dumb pupils, between the ages 
 of ten and twenty-five years (four from each of the eight Senate districts), on 
 the certificate of the overseers of the poor, to be supported at the expense of 
 the State at $150 a year each. The supervisors of each county were also 
 authorized to send additional pupils, one for each member of Assembly, at $150 
 a year, to be levied and collected in the same manner as moneys raised by the 
 sixth section of the act for support of common schools. 
 
 The first section of chapter 97, Laws of 1827, passed March 23, appropriated 
 $10,000 for the purchase of a site and the erection of a building. Tlie money 
 was not to be paid imtil the Superintendent of Common Schools should approve 
 the price of the ground and the plan of the buildings. The second section of 
 the act subjected the institution to the supervision and visitation of the Super- 
 intendent of Common Schools, in terms nearly the same as the present law, and 
 providing that no money should be paid for the support of pupils, until the 
 directors of the institution had filed in the office of the Secretary of State their 
 assent to the provisions of the second section of the act, and their " consent at 
 all times to pennit the inspection and inquiries herein directed." 
 
 The consent was given in the following terms, and filed in the Secretary's 
 office April 25, 1827: 
 
 '1 
 
 Institution for the Deaf and Dumb, 
 City op New York. 
 
 Whereas, the Legislature of the State of New York did, on the 23d day 
 of March, 1827, pass an act entitled "An act to provide for the building an 
 asylum for the deaf and dumb in the city of New York," and, whereas, the 
 second section of the said act is in the words" folloAving, to wit : 
 
 " And he it further enacted, That it shall be the duty of the Superintendent 
 of Common Schools, from time to time, to inquire into the expenditures of the 
 paid institution and the system of instruction pursued therein, to visit and 
 inspect the schools and the lodging of the pupils, to ascertain, by a comparison 
 with other similar institutions, whether any improvements can be made, and 
 for that purpose appoint such and so many persons, as he shall from time to 
 time deem necessary, visitors of the said schools, to suggest to the directors
 
 Powers and Duties of Superintendent. 1 
 
 and tlie Legislature sucli improvements as lie shall deem expedient, and to 
 report annually to the Legislature, on all the matters aforesaid, and particu- 
 larly the condition of the schools, the improvement of the pupils, and their 
 treatment in respect to their board and lodging. And that no money shall he 
 paid out of the treasury, pursuant to this act, until the directors of the institu- 
 tion for the deaf and dumb in the city of New York shall have filed their 
 assent to the provisions of this section, under their corporate seal, in the office 
 of the Secretary of State, and shall thereby consent at all times to submit to 
 the inspection and inquiries herein directed." 
 
 Now, therefore, be it known, that the directors of the said institution have 
 assented, and by these presents do assent, to the provisions of the second sec- 
 tion of the aforesaid act, and have accordingly directed the same to be signed 
 by the president of the institution, and sealed with their seal, and the same to 
 go into operation when the asylum is built. 
 
 Done and subscribed in the city of New York this twenty-third day 
 
 [l. s.] of April, 1837. 
 
 SAMUEL L. MITCHILL, 
 
 President. 
 
 Attest : 
 
 Sastctel Akerly, Secretary. 
 
 By chapter 170, Laws of 1830, three additional pupils from each of the eight 
 Senate districts were to be selected ; by chapter 109, Laws of 1833, five addi- 
 tional pupils from each district ; by chapter 228, Laws of 1836, three additional 
 pupils from each Senate district; by chapter 174, Laws of 1840, one additional 
 pupil from each district ; by chapter 14, Laws of 1845, four additional from 
 each district ; by chapter 97, Laws of 1852, one additional from each of the 
 thirty-two Senatorial districts ; by chapter 272, Laws of 1854, page 595, every 
 indigent deaf and dumb person in the State could be received into the institu- 
 tion on conditions which have been since continued, and are substantially 
 retained in sections eight, nine, ten and eleven of this title. 
 
 The following two sections of chapter 223, Laws of 1833, are still in force : 
 
 ^ 1. It shall be the duty of the overseers of the poor in each town to furnish 
 the Superintendent of [Public Instruction] with a list of the deaf and dumb 
 persons in their respective towns, so far as they can ascertain them, with such 
 particulars in relation to the condition of each as shall be prescribed by the 
 Superintendent. 
 
 § 3. From the list thus obtained the Superintendent may select, as State 
 pupils, such as are properly embraced within the provisions of existing laws, 
 and make such regulations, and give such directions to parents and guar- 
 dians, in relation to the admission of pupils, at stated periods, as will remove 
 the inconvenience of having pupils of the same class entering the school at 
 different periods. 
 
 By chapter 325, Laws of 1863, page 546, passed April 25, provision was 
 made for the instruction of deaf mutes between the ages of six and twelve 
 years, as follows :
 
 8 Powers and Duties of Superintendent. 
 
 § 1. "WTienever a deaf mute child, under the age of twelve years, shall 
 become a charge for its maiutenance on any of the towns or comities of this 
 State, or shall be liable to become such charge, it shall be the duty of the over- 
 Beers of the poor of such town, or of the supervisors of such county, to place 
 Buch child in the New York institution for the deaf and dumb. 
 
 § 2. Any parent, guardian or friend of a deaf mute child within this State, 
 over the age of six years, and mider the age of twelve years, may make appli- 
 cation to the overseers of the poor of any town, or to any supervisor of the 
 county where such child may be, showng, by satisfactory affidavit, or other 
 proof, that the health, morals or comfort of such child may be endangered, or 
 not properly cared for ; and thereupon it shall be the duty of such overseer or 
 super%isor, if satisfied that the parents or natural protectors of such child are, 
 or said child is, in indigent circumstances, to place such child in the New 
 York institution for the deaf and dumb. 
 
 § 3. The children placed in said institution, in pursuance of the foregoing 
 sections, shall be maintained therein at the expense of the county from whence 
 they came, provided that such expense shall not exceed one hundred and fifty 
 dollars each per year, until they attain the age of twelve years, unless the di- 
 rectors of said institution shall find, as to any such child, that it is not a proper 
 subject to remain in said institution. 
 
 § 4. The expenses for the board, tuition and clothing for such deaf muto 
 children, placed as aforesaid in said institution, not exceeding the amount of 
 one hundred and fifty dollars per year, above allowed, shall be raised and col- 
 lected as ai'e other expenses for the support of the poor of the county from 
 ■which such children shall be received ; and the bills therefor, properly authen- 
 ticated by the principal, or one of the officers of said institution, shall be paid 
 to said institution by the said county ; and its county treasurer or chamberlain', 
 as the case may be, is hereby directed to pay the same on presentation, so that 
 the amount thereof may be borne by the proper county. 
 
 In pursuance of section eleven the Superintendent has proscribed the follow- 
 ing questions to parents and guardians of deaf mutes : 
 
 In the case of each pupil admitted into the New York institution for the in- 
 struction of the deaf and dumb, it is desirable to obtain answers to the following 
 questions. The information asked for is designed, in part, to aid in researches 
 into the causes of deafness, but mainly for the benefit or information of the 
 pupil himself. The answers should be written on the blank spaces, and the 
 paper returned to this office Avithout delay. Particular attention to this subject 
 is required. 
 
 1. What is the name and age of the deaf mute? If he has a middle name, 
 it should bo given in full. Add the place, and the day, month and year of 
 birth. 
 
 2. Was he born deaf? and if so, was there any cause which is supposed to 
 have operated before birth? If not, at what age did he lose his hearing? and 
 by what disease or accident? Mention his place of residence at the time of the 
 loss of hearinjr.
 
 PowEus AND Duties of Superintendent, 9 
 
 3. Was his place of birtli, or of residence at tlie time of the loss of hearing, 
 reputed to be healthy or unhealthy '? and if unhealthy, for what reasons ? Was 
 the dwelling of the family at that time comfortable or uncomfortable ? e. g., 
 was it in a basement, in an unfinished house, in rooms with unplastered walls, 
 or the like ? Was its situation low and damp, or otherwise ? Was the deaf 
 child more exposed to cold and dampness than the other children not deaf? ■ 
 
 4. Is the deafness total or partial ? If the latter, what is the degree of hear- 
 ing? e. g., can he distinguish words uttered in a raised voice? or hear the 
 human voice at all? 
 
 5. Have any attempts been made to remove the deafness ? and if so, what are 
 the results ? 
 
 6. Is there any, and if any, what degree, of ability to articulate, and to dis- 
 tinguish words by the motions of the lips ? 
 
 7. Have any attempts been made to communicate instruction? Has the 
 deaf mute learned to write after a copy ? Does he know the meaning of any 
 written words ? Has he acquired any art or trado, or been accustomed to steady 
 employment ? 
 
 8. How, and to what extent, can the family and intimate friends communicate 
 with the deaf mute ? 
 
 9. Does he show any signs of idiocy? Is he afflicted with palsy, nervous 
 trembling, malformation of the limbs, defective vision, or similar bodily 
 infiiTuities ? 
 
 10. Has the deaf mute had the small pox, or been vaccinated? Has he hcui 
 the scarlet fever, measles, mumps, or whooping cough ? 
 
 11. Are there any other cases of deafness in the same family ? And are there 
 any known cases of deafness among the ancestors, or the collateral branches 
 of kindred ? In each case give the name, degree of relationship, age, if living 
 (if not, the age at death, and cause of death, if known), whether educated or 
 not, and if adults, whether married and parents or not. 
 
 13. Have there been any cases of blindness, idiocy or insanity in the same 
 family, or among the near connections ? If so, give the particulars. 
 
 I'd. What are the names, ages, place of nativity and present residence, occu- 
 pation and state of health of the parents ? Give the Christian name of each 
 parent, and the mother's maiden name. 
 
 14. Give the name and most convenient post-office of the person who will 
 correspond with the deaf mute, or with the officers of the institution in his 
 behalf. 
 
 15. Is either of the parents dead ? Has either been married more than once ? 
 If 80, to whom ? 
 
 10. Was there any relationship between the parents before marriage ? e. g., 
 were they cousins ? 
 
 17. Give the names of all their children (the deaf mute included) in the order 
 of their ages, distinguishing those who were the children of another marriage, 
 and noting which, if any, are dead or married. If any are married, state to 
 whom.
 
 10 Powers and Duties of Superintendent. 
 
 Form of Certificate to he made hy Overseer of the Poor. 
 
 The undersigned, overseer of the poor of the town of , in the county 
 
 of , do hereby certify that , of said town, is deaf and 
 
 dumb. The said was years of age on the day of , 
 
 186 , is of good moral character, free from disease, and possesses intellectual 
 faculties capable of instruction. 
 
 The names of the parents of the said are , 
 
 and the said ha not sufficient pecuniary ability to pay for the 
 
 board, tuition or clothing* of said at the New York institution for 
 
 the instruction of the deaf and dumb ; and I would recommend 
 to the favorable consideration of the Superintendent of Public Instruction. 
 
 Dated 186 
 
 Overseer of the Poor of the Town of 
 To the Superintendent of Public Instruction, Albany. 
 
 Circumstances of Parent or Guardian : 
 
 Circular to Supervisors. 
 Ikstitutioit for the Deaf and Dumb. 
 
 Superintendent's Office, J 
 
 Department of Public Instruction, > 
 Albany, , 186 . ) 
 
 To the Board of Supervisors of the County of 
 
 By provision of an act of the Legislature in relation to the New York insti- 
 tution for the instruction of the deaf and dumb, passed April 25, 1864 (chapter 
 386), "the supervisors of anj' county in this State, from wMch county pupils 
 may be selected, whose parents or guardians are unable to furnish them with 
 Buitable clothing, are authorized and required to raise in each year for this 
 purpose, for each such pupil from said county, the sum of thirty dollars."f 
 
 * The overseers arc "requested to state whether the parent or guardian has any real or 
 personal property, liable to taxation, and if any, the value ; what is the occupation and the 
 probable yearly Income of the parent, and whether, in the opinion of the overseers, the 
 parent or guardian is unable to provide clothing for the pupil. If the circumstances of the 
 parent or guardian are such that they could clothe a child in possession of all its faculties, 
 it is difficult for the department to understand why they cannot provide clothing for it 
 equally well now that misfortune has beftillen it, especially as the State proposes to assume 
 the burden of its hoard aud tuition. It must be remembered that, if the parents are shown 
 to be vnahle to provide clothing, this then becomes a county charge. The Slate does not 
 furnish clothing. 
 
 t Chapter 244, Laws of 1838, page 233, passed April 18, required the sum of $20 to be 
 raised.
 
 Powers and Duties of Supeeintendent. 11 
 
 A certificate has been produced to me, signed by 
 overseer of tlie poor, that , of , in your county, is a proper 
 
 Candidate for selection as a State pupil at the New York institution for the 
 instruction of the deaf and dumb, and that parents are unable to pay 
 
 for board and tuition or to clothe at the institution. ha been 
 
 selected by me for admission into the said institution for the term of 
 years from , 186 . It will, therefore, be your duty, under the act 
 
 aforesaid, at your next annual meeting, to raise the sum necessary to pay for 
 clothing. As the law limits the amount to $30, the institution ^vill pro- 
 vide clothing for that sum, although it is obviously inadequate. You vnW, 
 therefore, raise the sum during each year for which the pupil has been selected. 
 If is dismissed, due notice will be given. 
 
 I will thank your clerk for a copy of the resolution of your board on this 
 subject. 
 
 The principal of the institutiop will draw on your county treasurer, some 
 time after the month of February, in each year, for the amount so raised, 
 Youx obedient servant, 
 
 Superintendent of Public Ijistruction. 
 
 (2.) Ikstitution for the Blind. — This institution was incorporated by 
 chapter 214, Laws of 1831. Chapter 316, Laws of 1834, passed May 6, author- 
 ized it to receive, from each of the eight Senate districts, four indigent pupils, 
 between eight and twenty-five years of age, on the same terms as the institu- 
 tion for the deaf and dumb, during a period not exceeding five years, to be 
 supported, educated and instructed in some useful trade. 
 
 Chapter 226, Laws of 1836, page 293, passed April 30, as amended by chapter 
 399 of the same year, page 593, appropriated $12,000 to procure a site and erect 
 buildings on condition that $8,000 should be raised in New York for the same 
 purpose. The managers were required annually, February 1, to make, imder 
 oath, to the Legislature, a report of their proceedings, and of the disposition of 
 the moneys paid to them from the treasury of the State. Provision was also 
 made for four additional pupils from each Senate district. By chapter 200, 
 Laws of 1839, page 171, passed April 18, eight additional pupils were to be 
 admitted, and $15,000 were appropriated to complete the buildings. The com- 
 missioners of common schools were required to apportion school money to the 
 institution according to tlie number of pupils, without regard to their age. An 
 extension of the term of any pupil could be granted with the approbation of the 
 Superintendent of Common Schools, and the institution was subjected to the 
 visitation and inspection of the Superintendent. By chapter 333, Laws of 1852, 
 page 496, passed April 16, the institution was permitted to receive four indi- 
 gent pupils from each of the thirty-two Senate districts. By the last act, also, 
 the charter was continued in force without limitation of time. By chapter 539, 
 Laws of 1855, page 1018, passed April 14, provision was made for the reception 
 into the institution of every indigent blind person in the State, between the ages 
 of twelve and twenty -five years, whose parent or parents, or, if an orphan, whoso
 
 12 Powers and Duties, of Superintendent. 
 
 nearest friend, sliall liave been a resident in tliis State, and who may malie 
 application for tliat purpose, tliere to be instructed in literary or school educa- 
 tion, and in some trade or employment, now or hereafter to be taught and 
 carried on in said institution, provided his Or her application be first approved 
 by the Superintendent of Public Instruction. 
 
 Cliapter 200, section 5, Laws of 1839, also provided that " the supervisors 
 of any county in tliis State (from which State pupils may be sent and received 
 into said institution, whose parents or guardians are unable to furnish them 
 with suitable clothing) are hereby authorized and required, while such pupils 
 are under instruction, to raise a sum of money for this purpose, not exceeding 
 twenty dollars in any one year, for each pupil from said county." 
 
 By chapter 351, section 1, Laws of 1863, page 563, passed April 19, the sum 
 to be annually paid was raised to $30. It was also pro\ided that if the money 
 should not be paid for six months after the annual meeting of the supervisors 
 of any comity, the sum unpaid should, from the end of that time, bear interest 
 at the rate of seven per cent. If comity pavipers are sent to said institution, 
 the supervisors are also required to raise and pay to the order of the Comp- 
 troller a sum equal to that which the county would have to pay for the su.\> 
 port and clothing of such pupils at home. 
 
 Section two of said act also provided that "the Superintendent of Public 
 Instruction is hereby authorized to visit and inspect the New York institution 
 for the blind, in all its departments, to report to the Legislature sitcli matters 
 and things as he may deem necessary, and in the selection and appointment of 
 pupils he may, in those cases where, in his opinion, absolute indigence is not 
 established, require and impose conditions, whereby some proportionate share 
 of the expenses of educating and clothing such pupils shall be paid by their 
 parents or guardians, in such way, manner and time as he may designate." 
 
 Form of Certificate to he made hi/ Overseers of the Poor, 
 State of New York: 
 
 The undersigned, overseers of the poor of the town of , in the 
 
 county of , do hereby certify that , of the said town, is blind, that 
 
 was years of age on the day of ,18 ; moral 
 
 character is good, and is free from disease other than tliat of the eyes, and 
 
 that possesses mental and pliysical faculties capable of instruction. 
 
 The names of parents are , who reside in the town 
 
 of , and have not sufficient pecuniary ability to pay for the boai'd or 
 
 tuition of the said at the New York institution for the blind. 
 
 We do recommend to the favorable consideration of the Superintendent of 
 Public Instruction. We do furtlier certify tliat we have good evidence that 
 the answers to the following questions are correct. 
 
 Ques. 1. — Is the blindness of ap])licant temporary or permanent ? Ans. — 
 , Ques.2. — Was born blind? yi«s. — ■ '~ 
 
 QiMes. 3. — Were both or cither of parents blind ? and which, and how 
 
 long? Ans. —
 
 Powers and Duties of Superintendent. 13 
 
 Ques. 4. — Were the parents related before marriage 1 and wliat was that 
 relationsliip ? Ans. — 
 
 Ques. 5. What other causes of blindness have occurred in the families of tho 
 parents ? Ans. — 
 
 Ques. 6. — Has the applicant any blind brothers, sisters or cousins ? Ans. — 
 
 Ques. 7. — Was the blindness of applicant caused by accident ? If so, describe 
 when and how it occurred. Ans. — 
 
 Ques. 8. — Was the blindness caused by disease ? if so, describe it and any 
 operation on the eyes. Ans. — 
 
 Ques. 9. — What are the pecuniary circumstances of the parents or guar- 
 dian?* Ans. — 
 
 Dated this day of , 18 . Town of , County 
 
 of 
 
 > Overseer of the Poor. 
 To the Superintendent of FubUc Instruction, Albany, K Y. 
 
 Circular to Boards of Supervisors. 
 Institutiok for the Blind, State of New York. 
 
 Sxtperixtendent's Office, 
 Department of Public Instruction, 
 Albany, 180 . 
 
 To the Board of Supervisors of the County of 
 
 By the existing provisions of law, the supervisors of any county from which 
 State pupils may be selected for admission to the New York institution for tho 
 are required to raise a sum of money annually, for the purpose 
 of providing suitable clothing for any such pupil whose parents or guardians 
 are unable to furnish it ; but such sum is not to exceed, for each pupil, $30. 
 Chapter 351, Laws of 18G2. 
 
 A certificate has been produced to me, signed by » 
 
 that , of , in your county, is a proper candidate 
 
 for selection as a State pupil at the institution for the , and that 
 
 parents are unable to pay for board and tuition, or to clothe at the 
 
 institution. ha been selected by me for admission into the said 
 
 * Upon this point the oversecra are requested to state whether the parent or guardian has 
 anj' real or pert^onal property liable to taxation, and if any, the value; what is the occupa- 
 tion and the probable yearly income olthe parent, and whether, in the opinion of the over- 
 seers, the jiarent or guardian is unable to provide clothing for the pupil. If the circum- 
 stances of the parent or guardian are such that they could clothe a seeing child, it is diffi- 
 cult for the department to understand why they cannot provide clothing for it equally well 
 now that misfortune has befallen it, especially as the State proposes to assume the burden 
 of its board and tuition. It must be remembered, tluit if the parents are shown to be 
 vMuhli to provide clothing, this then becomes a county charge. The Slate does not furnish 
 clothing. .
 
 14 Powers and Duties op Supeeintendent. 
 
 institution for the term of years, from 186 . It will, therefore, 
 
 be your duty, under the act aforesaid, at your next annual meeting, to raise the 
 sum necessary to pay for clothing. As the law limits the amount to $30, 
 
 the institution ■wall provide clothing for that sum, although obviously inade- 
 quate. Tou will, therefore, raise the sum during each year, for which the 
 pupil selected. If dismissed, due notice ■will be given. 
 
 The principal of the institution will draw on your county treasurer, some 
 time after the month of February, ia each year, for the amount so raised. 
 Your obedient servant. 
 
 Superintendent of Public Instruction 
 
 Certificate of Selection of Deaf and Dumh and Blind Pupils. 
 State op New York. 
 
 StrPERINTENDENT'S OFFICE, 1 
 
 Department op Public Instruction, >- 
 Albany, , 186 . ) 
 
 Dear Sir : I have this day selected , of , county 
 
 of , aged years (parents P. O., 
 
 ), as a State pupil in the New York institution for the 
 for the term of years from the day of 186 ; to be 
 
 educated and supported therein during that period, at the expense of the State. 
 Clothing will be furnished by the 
 
 Respectfully yours, 
 
 Superintendent of Public Insti-uction. 
 
 § 12. The Superintendent may, in his discretion, appoint persons 
 to visit and examine all or any of the common schools in the 
 county wherein such persons reside, and to report to him all such 
 matters respecting their condition and management, and the means 
 of improving them, as he shall prescribe ; but no allowance or 
 compensation shall be made to such visitors for their services 
 or expenses. 
 
 This section is copied from section 8, chapter 830, Laws of 1839. Soon after 
 its passage visitors were appointed in all the counties of the State. Tlic visitors 
 did not generally enter upon the work. Of the 10,700 school districts in the 
 State at that time, only 1,865 were visited. From twenty-three counties no 
 reports were received. The Superintendent of Common Schools sent to the 
 Legislature, April 13, 1840, an abstract of the reports received by him, which
 
 Powers and Duties of Superintendent. 15 
 
 were published in Assembly Document No. 307. The power vested in the 
 Superintendent by this section has not since been exercised. 
 
 § 13, So often as he can, consistently with liis other duties, he 
 shall visit such of the common schools of the State as he shall see 
 fit, and inquire into their course of instruction, management and 
 discipline, and advise and encourage the pupils, teachers and offi- 
 cers thereof. 
 
 § 14. He shall submit to the Legislature an annual report, con- 
 taining : 
 
 1. A statement of the condition of the common schools of the 
 State, and of all other schools and institutions under his supervis- 
 ion, and subject to his visitation as Superintendent ; 
 
 2. Estimates and accounts of expenditures of the school moneys, 
 and a statement of the apportionment of school moneys made by 
 him ; 
 
 3. All such matters relating to his office, and all such plans and 
 suggestions for the improvement of the schools and the advance- 
 ment of public instruction in the State, as he shall deem expedient. 
 
 The Revised Statutes, section 1, title 3, chapter 15, part 1, dth edition, 
 declared it the duty of the Superintendent of Common Schools "to prepare and 
 submit an annual report to the Legislature, containing, 
 
 " 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 ho 
 shall deem expedient to communicate." 
 
 Chapter 350 of the Laws of 1847, page 452, in relation to reports of State 
 officers, requires them (including the Superintendent of Common Schools) " to 
 complete their several annual reports for the previous fiscal year, before the 
 expiration of the current calendar year, and cause the same to be presented to 
 the Legislature immediately after the commencement of its next annual ses- 
 sion." It also requires them to epibrace in said annual reports a true account, 
 so far as the same is practicable, of the funds and accounts of which each of 
 said officers is in charge, to the termination of the current calendar year. 
 
 § 15. He may, on the recommendation of any school commis- 
 sioner, or on other evidence satisfactory to him, grant, under his 
 hand and seal of office, a certificate of qualification, and may, 
 upon the like recommendation or evidence, revoke the same.
 
 16 Povi^ERS AND Duties of Superintendent. 
 
 While unrevokecl, such certificate shall be conclusive evidence that 
 the person to whom it was granted is qualified, by his moral char- 
 acter, learning and -ability, to teach any common school in the 
 State. He may also issue temporary licenses to teach, limited to 
 any school commissioner district or school district, and for a period 
 not exceeding six months, v.dienever, in his judgment, it may be 
 necessary or expedient for him to do so. 
 
 § 16. Upon cause shown to his satisfaction, he may annul any 
 certificate of qualification granted to a teacher by a school com- 
 missioner, or declare any diploma issued by the State normal 
 school ineffective and null as a qualification to teach a common 
 school within this State, and he may reconsider and reverse his 
 action in any such matter. 
 
 § 1 7. lie shall prepare and keep in liis ofiice alphabetical lists of all 
 persons who have received, or shall receive, certificates of qualifi- 
 cation from himself, or diplomas of the State normal school, with 
 the dates thereof, and shall note thereon all annulments and revers- 
 als of such certificates and diplomas, with the date and causes 
 thereof, together with such other particulars as he may deem 
 expedient. 
 
 § 18, Whenever it shall be proven, to his satisfaction, that any 
 school commissioner, or other school officer, has been guilty of 
 any willful violation or neglect ©f duty under this act, or any other 
 act pertaining to common schools, or of willfully disobeying any 
 decision, order or regulation of the Superintendent, the Superin- 
 tendent may, by an order under his hand and seal, which order 
 shall be recorded in his ofiice, remove such school commissioner or 
 other school officer from his office. 
 
 This section is an amplification of section 1^ chapter 383, of tlie Laws of 1849. 
 
 When it becomes necessary to ask the removal of a school officer, under the 
 foregoinfT section, tlie following practice must be pursued : An affidavit or affi- 
 davits must be prepared and duly verified before some officer aiUhorized to 
 administer oaths, cliartring him with one or more of the offi-nses of wliich ho 
 is supposed to liavc been guilty, and which are above enumerated, as with 
 having " embezzled money coming to liis liands for school purposes," or witli the 
 willful neglect of some specified duty, or with disobeying some decision or 
 order of the Department of Public Instruction, setting out the date of such 
 order and its requisition in words or in substance. Tlie affidavit, after distinctly 
 stating the charge, sliould proceed with a specification of the facts by wliicli it 
 is ostablishod, which must be set forth with such certainty as to time, place,
 
 FowERS AND Duties op Superintendent. 17 
 
 etc., as to furuisli the officer with precise information as to what he is expected 
 to meet, and to enable him to look for repelling testimony. After being verified, 
 a copy of the affidavits, including the jurat or certificate of the officer adminis- 
 tering the oath, must be served upon the officer whose removal is sought, 
 together with a notice of the application, which may be substantially in the 
 following form : 
 
 Sir : Take notice that the affidavits, with copies of which you are herewith 
 Fcrvcd, will be presented to the Superintendent of Public Instruction at Albany, 
 and application thereupon made for your removal from the office of trustee of 
 Joint District No. , of Shandaken, in Delaware county, and Denning, in 
 Ulster county ; and that you are required to transmit your answer to such 
 application, duly verified, to the Department of Public Instruction within ten 
 days after the service hereof, or the charges contained in such affidavits will be 
 deemed to be admitted by you. 
 
 Your obedient servant, 
 
 A B . 
 
 Post-office address, Port Jervis, Orange Co. 
 
 A copy of this notice, together with an affidavit proving the service thereof 
 and of the affidavits therein referred to, and the date and manner of such 
 service, must be transmitted, with the original affidavits, to the Department of 
 Public Instruction. No fact, although otherwise known to the department, will 
 be taken into consideration, nor will any paper be read or referred to, in dispos- 
 ing of the case, unless evidence is furnished that a copy of such paper haa 
 been served upon the party against whom the complaint is made. He cannot 
 be prejudiced by any statement which he has not been called upon to answer. 
 
 The form of the notice above given indicates the course of the respondent. 
 He is to transmit liis sworn answer, together with the affida\'it8 of other 
 persons, if he deems them necessary, to the department within ten days. If, 
 for any reason, as the absence of material witnesses, he is unable to complete 
 his defense in that time, he should before its expiration transmit his own 
 answer duly verified, with a statement, under oath, of the facts which render it 
 necessary that the time to procure further evidence should be extended, and 
 stating the earliest day at which he expects to be able to obtain such e\idence. 
 If a probable defense appears from his answer, and the application for further 
 time is reasonable, an order will be made granting it. 
 
 Both parties should liave their affidavits, etc., legibly written upon legal cap 
 paper, if practicable, and upon the same sheet or continuous sheets, written on 
 both sides, and fastened together in the manner of legal pleadings, and not 
 upon separate scraps of paper. They should be indorsed with a title, indica- 
 ting the nature of the application, and the district, town and county where tho 
 matter arose, together with the post-office address of the person transmitting 
 them. Though these may appear trifling minutioe, the neglect of them pi'O- 
 duces great embarrassment and delay in a public office which is burdened with 
 a very extensive correspondence. 
 3
 
 IS School Commissioners. 
 
 § 1 9. He shall prepare suitable registers, blanks, forms and reg- 
 ulations for making all reports and conducting all necessary- 
 business under tliis act, and shall cause the same, with such infor- 
 mation and instructions as he shall deem conducive to the proper 
 organization and government of the common schools, and the 
 due execution of their duties by school oiBcers, to be transmitted 
 to the officers and persons intrusted with the execution of the 
 same. 
 
 This section is substantially tlie same as section 38 of chapter 159, Laws of 
 1819, page 187. The registers to be used by teachers in keeping an account 
 of the attendance at school, and the blanks for the report of trustees to school 
 commissioners, are prepared late in the summer of each year, and are sent by 
 the department to school commissioners ; by those oiEcers they are usually 
 transmitted to town clerks, and by town clerks to the trustees of school 
 dictricts. 
 
 For the duties imposed upon town clerks in this matter, see subdivision 5, 
 section 1, title 5, post. 
 
 TITLE II. 
 
 OF THE SCHOOL COMMISSIONERS, THEIR ELECTION, POWERS AND 
 
 DUTIES. 
 
 Section 1. The office of school commissioner is continued, and 
 the present incumbents shall continue in office in their respective 
 districts for the residue of the terms for which they were elected 
 or appointed. 
 
 § 2. The districts as organized under existing laws, and as 
 recognized in the election of school commissioners at the annual 
 election in eighteen hundred and sixty-three, shall continue to be 
 held and regarded as the school commissioner districts in this 
 State, except as the same shall be altered or modified by the Leg- 
 islature. 
 
 § 3. The school commissioner for each school commissioner 
 district shall be elected by the electors thereof, by separate 
 ballot, at the general election, in the year one thousand eight 
 hundred and sixty-six, and triennially thereafter, and the ballots 
 filiall be indorsed " school commissioner." The laws regulating 
 the election of and canvassing the votes for county officers shall
 
 School Commissioners. 19 
 
 apply to such elections. And it shall further be the duty of 
 county clerks, and they are hereby required, as soon as they shall 
 have official notice of the election or appointment of a school 
 commissioner, for any district in their county, to forward to the 
 Superintendent of Public Instruction a duplicate certificate of such 
 election or appointment, attested by their signature and the seal 
 of the county. 
 
 'V\Tien the school commissioner districts were first created by the statute of 
 1856, they coincided in boundaries, very nearly, with the Assembly districts. 
 Since that time the Assembly districts have been changed in many counties ; 
 and the school commissioner districts have been altered in some instances by 
 statute, and in others by the boards of supervisors, under section 4, chapter 
 179, Laws of 1856. By the second section of this title the present districts 
 remain unchanged, until altered by act of the Legislature. By flie third 
 section, the school commissioner must be elected on a separate ballot, and of 
 course the inspectors of election must pro\ade a separate box. 
 
 § 4. The term of office of such commissioner shall commence 
 on the first day of January next after his election, and shall be for 
 three years and until his successor qualifies. Every person elected 
 to the office, or appointed to fill a vacancy, must take the oath of 
 office prescribed by the Constitution, before the county clerk, or a 
 judge of a court of record, and file it with the county clerk, 
 •within ten days after the commencement of the term, or after 
 notice of his appointment ; and if he omit so to do, the office shall 
 be deemed vacant. 
 
 It will be observed that every school commissioner can hold his office, even 
 after his term of three years has expired, until the person elected as his suc- 
 cessor shall have taken and filed his oath of office, but not longer than ten 
 days. 
 
 This oath must be in the following form ■ 
 
 " I do solemnly swear (or affirm, as the case may he) that I will support the Con- 
 stitution of the United States, and the Constitution of the State of New York, 
 and that I will faithfully discharge the duties of the office of school commis- 
 sioner according to the best of my ability. 
 
 " Sworn before me this day of , 18 ." 
 
 This oath or affirmation must be subscribed and taken before the county 
 clerk, or a judge of a court of record. It cannot, tlierefore, be taken before 
 any other officer. If the oath be not filed within ten days, then the office is 
 vacant, as the previous incumbent can hold over ten days only.
 
 20 School Commissioners. 
 
 § 5. A commissioner may, at any time, vacate liis office, by 
 filing liis resignation with the county cleric. His removal from the 
 county, or his acceptance of the office of supervisor, town clerk or 
 trustee of a school district, shall vacate his office. 
 
 § G. The county clerk, so soon as he has official or other notice 
 of the existence of a vacancy in the office of commissioner, shall 
 give notice thereof to the county judge, or if that office he vacant, 
 to the Superintendent of Public Instruction. In case of a 
 vacancy the county judge, or if there be no county judge, then 
 the Superintendent, shall appoint a commissioner, who shall 
 hold his office until the first of January succeeding the next 
 general election, and until his successor, who shall be chosen 
 at such general election, shall have qualified. A person elected to 
 fill a vacfancy shall hold the office only for the unexpired term. 
 
 § 7. Every school commissioner shall receive an annual salary 
 of eight hundred dollars, payable quarterly, by the Treasurer, on 
 the warrant of the Comptroller and the certificate of the Superin- 
 tendent of Public Instruction, out of the income of the United 
 States deposit fund appropriated to this purpose, or to the support 
 of common schools. 
 
 § 8. Whenever a majority of the supervisors from all the towns 
 composing a school commissioner district shall adopt a resolution 
 to increase the salary of their school commissioner, beyond the 
 five hundred dollars payable to him from the United States deposit 
 fund, it shall be the duty of the board of supervisors of the county 
 to give effect to such resolution, and they shall assess the increase 
 etaled therein upon tlic towns composing such commissioner 
 district ratably, according to the corrected valuations of the real 
 and personal estate of such towns. 
 
 § 9. The board of supervisors sliall annually audit and allow to 
 each commissioner within the county the fixed sum of two hun- 
 dred dollars for his expenses, and assess and levy that amount 
 annually by tax upon the towns composing his district. 
 
 Cliaptcv SA, Laws of 1867, increased tlio salary of tlie school commissioners, 
 payable from tlic United States deposit fund, homfue to eight luuulrod dollars 
 a year. Altliougli section eight is not amended in temis, it miglit bo considered 
 amended by force of the amendment of the seventh section, the words fivo 
 hundred in the eiglith section, being a mere reference to or recital of tho
 
 School Commissio^tees. 21 
 
 eevcntli section ; and for the further reason that the later law repeals a pre- 
 vious statute. 
 
 § 10. Whenever the Superintendent of Public Instruction is 
 satisfied that a school commissioner has ijersistcntly neglected to 
 perform his duties, he may withhold his oi-der for the payment of 
 the Aviiole or any part of such commissioner's salary as it shall 
 become due, and the salary so withholden shall be forfeited; but 
 the Superintendent may remit the forfeiture, in whole or in part, 
 upon the commissioner disproving or excusing such neglect. 
 
 § 11. A commissioner, upon- the written request of the commis- 
 sioner of an adjoining district, may perform any of his duties for 
 him, and upon requirement of the State Superintendent of Public 
 Instruction must perform the same. , 
 
 The j urisdiction of the school commissioner is strictly limited to the district 
 for which he is elected. But the commissioner may at times be necessarily 
 absent, or he may from sickness or injury be unable to perform his duties, or 
 he may be incapacitated by some legal disability. In such cases his written 
 request, or the requirement of the Superintendent of Public Instruction, will 
 call to Ids aid another commissioner of an adjoining district. 
 
 But whenever a commissioner is so called upon to exercise any powers or 
 perform any duties out of his own jurisdiction, and the acts are of an impor- 
 tant and permanent character, such as ought to be recorded or be put in writing, 
 as for instance certificates, or alterations of districts, he should in every written 
 instrument recite the written request, mider which he is acting, substantially 
 or in full. It would also be advisable to file such written request in the oflaco 
 of the county clerk, for safe keeping and future reference, in case any question 
 should arise as to the validity of lus acts. 
 
 § 12. No school commissioner shall act as agent for any author, 
 publisher or bookseller, nor directly or indirectly receive any gift, 
 emolument, reward or promise of reward, for his influence in 
 recommending or procuring the use of any book, or school appara- 
 tus, or furniture of any kind whatever, in any common school, or 
 the purchase of any book for a district library. Any one who 
 shall procure or solicit a violation of this provision, or any part 
 thereof, shall be guilty of a misdemeanor; and any such violation 
 shall subject the guilty commissioner to removal from his otHce by 
 the Superintendent of Public Instruction. 
 
 A serious charge against county superintendents was that they acted aa 
 book agents ; how many, if any, were liable to such a charge cannot be deter-
 
 22 School Commissioners. 
 
 mined. Tlie present law relieves them not only from numerous importunities, 
 but from the imputation of recommending text books on account of self- 
 interest. It is very desirable that the books used in the same school should be 
 uniform ; but it is not desirable, among the first and prominent acts of the 
 commissioners, to make a general change of text books. The reforms in the 
 schools depend more upon the teacher than upon the influence of any series 
 of books. 
 
 § 13. Every commissioner shall have powei*, and it shall be his 
 duty: 
 
 1. From time to time to inquire and ascertain whether the 
 boundaries of the school districts within his district are definitely 
 and plainly described in the records of the proper town clerks ; 
 and in case the record of the boundaries of any school district 
 shall be found defective or indefinite, or if the same shall be in 
 dispute, then to cause the same to be amended, or an amended 
 record of the boundaries to be made. 
 
 2. To visit and examine all the schools and school districts 
 within his district as often in each year as shall be practicable ; to 
 inquire into all matters relating to the management, the course 
 of study and mode of instruction, and the text books and discipline 
 of such schools, and the condition of the school-houses, sites, out- 
 buildings and appendages, and of the district generally; to exam- 
 ine the district libraries ; to advise with and counsel the trustees 
 and other officers of the districts in relation to their duties, and 
 particularly in respect to the construction, warming and ventila- 
 tion of school-houses, and the improving and adorning of the 
 school grounds connected therewith ; and to recommend to the 
 trustees and teachers the proper studies, discipline and manage- 
 ment of the schools, and the course of instruction to be pursued. 
 
 3. Upon such examination, to direct the trustees to make any 
 alteration or repair on the school-house or out-buildings which 
 shall, in his opinion, be necessary for the health or comfort of the 
 pupils, but the expense of making such alterations or repairs shall 
 in no case exceed the sum of two liundred dollars, unless an addi- 
 tional sum shall be voted by the district. He may also direct the 
 trustees to abate any nuisance in or upon the premises, provided 
 the same can be done at an expense not exceeding twenty-five 
 dollars. 
 
 4. In concurrence with the supervisor of the town in which a 
 Bchool-house is situated, by an order under their hands, reciting
 
 School Commissionees. 23 
 
 the reason or reasons, to condemn such school-house, if they deem 
 it wholly unfit for use and not worth repairing, and to deliver 
 the order to the trustees, or one of them, and transmit a copy to 
 the Superintendent of Public Instruction. Such order, if no time 
 for its taking effect be stated in it, shall take effect immediately. 
 They shall also state what sum, not exceeding eight hundred dol- 
 lars, will, in their opinion, be necessary to erect a school-house 
 capable of accommodating the children of the district. Immedi- 
 ately upon the receipt of said order, the trustee or trustees of such 
 district shall call a special meeting of the inhabitants of said dis- 
 trict, for the purpose of considering the question of building a 
 school-house therein. Such meeting shall have power to deter- 
 mine the size of said school-house, the material to be used in its 
 erection, and to vote a tax to build the same ; but such meeting 
 shall have no power to reduce the estimate made by the commis- 
 sioner and supervisor aforesaid by more than twenty-five per cent 
 of such estimate. And where no tax for building such house shall 
 have been voted by such district, within thirty days from the time 
 of holding the first meeting to consider the question, then it shall 
 be the duty of the trustee or trustees of such district to contract 
 for the building Of a school-house capable of accommodating the 
 children of the district, and to levy a tax to pay for the same, 
 which tax shall not exceed the sum estimated as necessary by the 
 commissioner and supervisor as aforesaid, and which shall not be 
 less than such estimated sum, by more than twenty-five per cent 
 thereof But such estimated sum may be increased by a vote of 
 the inhabitants at any school meeting subsequently called and held 
 according to law. 
 
 5. To examine persons pi'oposing to teach common schools 
 within his district, and not possessing the Superintendent's certifi- 
 cate of qualification or a diploma of the State normal school, and 
 to inquire into their moral fitness and capacity, and, if he find 
 them qualified, to grant them certificates of qualification, in the 
 forms which are or may be prescribed by the Superintendent. 
 
 6. To re-examine any teacher holding his or his predecessor's 
 certificate, and, if he find him deficient in learning or ability, to 
 annul the certificate. 
 
 1. To examine any charge affecting the moral chai'acter of any 
 teacher within his district, first giving such teacher reasonable
 
 24 School Commissionees. 
 
 notice of the charge, and an opportunity to defend himself there- 
 from; and, if he find the charge sustained, to annul the teacher's 
 certificate, by whomsoever granted, and to declare him unfit to 
 teach ; and, if the teacher held a certificate of the Superintendent, 
 or a diploma of the State normal school, to notify the Superintend- 
 ent forthwith of such annulment and declaration. 
 
 8, And, generally, to use his utmost influence and most strenu- 
 ous exertions, to promote sound education, elevate the character 
 and qualifications of teachers, improve the means of instruction 
 and advance the interests of the schools under his suj^ervision. 
 
 Comments upon the first, third and fourtli subdivisions of section thirteen 
 will be found under title six, and the second article of title seven. The remain- 
 ing sections may be considered separately. 
 
 2. To visit and examine all the schools and school districts committed to his 
 charge, as often in each year as shall be practicable ; to inquire into all matters 
 relating to the management, the course of study and mode of instruction, and 
 the text books and discipline of such schools, and the condition of the 
 Bchool-houses, out-buildings and appendages, and of the district generally ; 
 to examine the district libraries ; to advise and counsel the trustees and other 
 officers of the districts in relation to their duties, and particularly in respect to 
 the construction, warming and ventilation of school-houses, and the improving 
 and adorning of the school grounds connected therewith, and to recommend to 
 the trustees and teachers the proper studies, discipline and management of the 
 schools, and the course of instruction to be pursued. 
 
 The duties comprised in this subdivision may be stated under two heads : 
 
 I. Visiting and examining the schools ; 
 
 II. Advising and counseling trustees aud other _school officers. 
 
 I. The number of commissioners in the State, excluding the cities, is one 
 hundred and twelve. Each commissioner is required to \'isit all the schools in 
 his district each year, as often as is practicable. The number of districts to bo 
 visited hy any commissioner will, in a few cases, reach one hundred and fifty ; 
 perhaps, in most cases, will be less, and in some a little more, than one hun- 
 dred. Allowing half a day to a visit, it will be found practicable to visit each 
 school and school district in the State not less than three times a year. It 
 would be found useful, where practicable, to assemble together two or three 
 schools, and devote a whole day to their examination. A comparison of schools 
 would excite emulation, and improve both scholars and teachers. 
 
 Having acquired a complete and familiar knowledge of the geography of 
 his district, the commissioner should arrange a i)lan for visitation, as a judge 
 does the tarms of his courts, for a year or two years. It would be well to print 
 his progamme, and distribute it in every town and district, so that trustees and 
 pupils and people may be prepared for his visits. The publishers of news- 
 papers would be found ready to insert the programme of visitation in their
 
 School Commissioners. 25 
 
 papers, aa an item of news liiglily important to their subscribers and read- 
 ers. 
 
 In addition to this general notice, the commissioner sliould give a particular 
 notice to the trustees and teacher of every school, of the day when he will be 
 present and examine the school. He should invite the trustees to inform the 
 parents of pupils of his visit, and urge them to attend. 
 
 Examination of the School. — Preparatory to this, the commissioner should 
 ascertain from the teacher the number of classes, the studies pursued by each, 
 the routine of the school, the successive exercises of each class during each 
 hour of the day, the play spells allowed, etc., and thus obtain a general knowl- 
 edge of the school, which will be fomid greatly to facilitate his subsequent 
 duties. Every commissioner is enjoined to call for and examine the list of 
 scholars in the book which the statute requires the teacher to keep, iu order 
 that he may see whether the names are correctly and neatly entered. He 
 should be particular in his examination of the record of attendance, and, in 
 case it be not kept according to the plan prescribed in the directions accom- 
 panying the register, he should call the attention of the teacher to his omis- 
 sions or neglect, and instruct him how to keep it correctly. Young teachers 
 often find difficulty in following the plainest rules, and the commissioner wiU 
 serve them and the people of the districts, by exacting from the teachers con- 
 stant care as to the safety, neatness, and correctness with which they keep tho 
 school registers. The commissioner should not omit tj inform them of their 
 duty to keep the registers under lock and key, and, at the close of their schools, 
 to make oath to their being correctly kept, and to deliver them, in good order, 
 to the district clerk. 
 
 The commissioner 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 bo 
 better to allow the teacher to conduct the exercises and exaniiuatious, as tho 
 pui)ils will be less likely to be intimidated, and an opportunity will be given 
 of judging of his qualifications. 
 
 To enable him to compare the school with itself at another time, and with 
 other schools, and to comply with the regulations hereinafter contained respect- 
 ing the annual reports, the commissioner should keep notes of his observations, 
 and of the information he obtains 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. 
 
 II. Advising and consulting with other ofiicers of the district. 
 
 This duty is by the act especially enjoined upon commissioners. The law, 
 in the broadest terms, requires them to advise and counsel the trustees and 
 other school officers in relation to all their duties. 
 
 The performance of this duty will demand great care and circumspection. 
 It should be constantly borne in mind that the office of an adviser and coun- 
 selor is to ascertain facts and learn the true condition of things, and then to 
 suggest and propose improvements and remedies. Interrogatories judiciously 
 4
 
 26 School Commissioners. 
 
 aimed at abuses, errors, mistakes and omissious, will call attention to them as 
 clearly as if they were condemned outright, and at the same time give no 
 offense. 
 
 The advice and counsel needed will generally come under the heads of 
 proper studies ; the discipline and conduct of the school ; the course of instruc- 
 tion ; the elementary books ; the erection of school-houses ; and the ability of 
 the district to maintain a school. 
 
 1. The proper studies. — These vary with the age and advancement of the 
 scholars. The great object of the common schools is, unquestionably, to 
 instruct the youth of the State in the ordinary branches of a good English 
 education. To spell, to read and write, should be the first care. As soon as a 
 child can write, spelling and writing should be one exercise. The meaning 
 of the words spelled should also be explained to the scholar, as a great assist- 
 ance to the memory. Correct spelling and a clear comprehension of the words 
 are essential to good reading. A distinct articulation of every syllable is tho 
 most important requisition. A correct, and not too forcible accent, an utter- 
 ance neither too rapid nor too slow, and a clear understanding of the subject, 
 are also important requirements. 
 
 The commissioner will carefully note the capabilities of the scholars, and 
 their grade of improvement, and advise that no studies be imposed or permit- 
 ted until the pupil can enter upon them understandingly. The hill of science 
 must be climbed Avith patient assiduity, step by step. Some may be able to 
 step faster than others ; but whoever attempts to overleap any of its acclivities 
 will be sure to fall back and be compelled to start anew. 
 
 2. The discipline and conduct of the school. — The commissioners cannot too 
 Btrongly inculcate the necessity of a pimctual and continuous attendance during 
 school hours for the whole term. Teachers should be advised to insist upon 
 this. The fir.st hour of a session, in the morning or afternoon, should not be 
 interrupted by the noisy dropping in, every few minutes, of truant and tardy 
 children. The interruption is not the worst of the evil. The want of punctu- 
 ality involves the loss of time that should be applied to study ; and the tardy 
 and often absent soon lag behind their associates, become disheartened, relax 
 their efforts, and finally, in many cases, acquire a habit of irregularity, iusub- 
 ordination and negligence, which marks their character through life. 
 
 Order and system should prevail in the whole conduct of the school. The 
 routine of recitations and other exercises should be regular and seldom 
 changed. Tlie pupils should give a ready obedience to the commands of the 
 teacher, and a strict compliance with rules and regulations should be exacted. 
 Pupils should be instructed that these commands, rules and regulations aro not 
 Imposed upon them as a restraint or humiliation, but for their good, as the 
 best means of expediting the solo business of the school, their acquisition of 
 knowledge. 
 
 The commissioners should also observe wliether the teachers possess the 
 respect of thoir scholars, and whether their deportment in and out of the school 
 is such as to preserve it. They should particularly note how the authority of the 
 teacher is maintained ; whether it is the result of a mild and conciliating, but
 
 School Commissioners. 27 
 
 firm and steady government, or whether it is an unwilling submission to tho 
 arbitrary rule of a high temper and the fear of the rod. 
 
 3. The course of instruction. — The order of studies which long experience has 
 decided to be best, and which is generally followed, is, the alphabet, spell- 
 ing, reading, arithmetic, geography, history and grammar. To learn the 
 names of tilings is among the earliest efforts of the infant mind. It is the 
 work of several years to master the simplest combinations of language. In 
 teaching the elements of knowledge, therefore, great discretion and discrimi- 
 nation are necessary in graduating instruction to the capacity of pupils. Pri- 
 mary books should contain only familiar household words and the commonest 
 forms of speech. When these have been mastered, others of a higher grade 
 should be substituted ; and the pupil should be all the time, insensibly but 
 constantly, climbing an ascending grade. 
 
 The four simple rules of arithmetic are easily taught, not by arbitrary rules 
 and a few examples, but by continual practice and repetition, with blocks or 
 balls, by which the numbers are represented to the eye. The little boy who 
 Bells newspapers, or peddles peanuts and apples, will learn in a few weeks all 
 the combinations of simple numbers, less than one hundred, ■\\ithout having 
 ever heard of Colbum or Emerson. Make a purchase of him, and hand him a 
 quarter of a dollar, and he will make his computation and give you the change 
 as promptly as the readiest bank teller. 
 
 Geography, by means of maps, charts and globes, may be taught at a very 
 early age. History requires a more advanced age. The study of history and 
 geography may be combined. In the course of the reading lessons, and during 
 the lesson in history, whenever a place is named the pupil should be required 
 to point it out on the map. A daily newspaper may be of essential service in 
 teacliing geography and current history. The use of a map, with a daily paper, 
 ■will very soon make the pupils acquainted with all the principal commercial 
 ports and political divisions of every part of the world. Geography and history, 
 thus learned, would be indelibly impressed upon the memory. Biography, 
 however, has a charm for the very young, and many brief narratives might be 
 made a part of tho school exercises. Grammar, treating of the structure and 
 composition of language, is a difficult study, and should not be undertaken till 
 the mind of the pupil has attained a maturity and strength capable of compar- 
 ing, analyzing and combining phrases and sentences. To read, to speak and 
 to write, correctly and elegantly, may all be learned without consulting a 
 grammar. But a knowledge of English grammar is a very important part of 
 a good conomon education, and its study a very useful exercise of the intellectual 
 powers. 
 
 4. Boolcs of elementary instruction. — Within the last few years a great improve- 
 ment has been made in elementary books. A great many series of books, 
 elucidating and illustrating every branch of education in our common schools, 
 have been published. None of them are so defective as to require exclusion 
 from the schools, and none of them are comparatively so superior to others as to 
 merit particular recommendation. Trustees should be advised not to permit every 
 new teacher to introduce a new set of books. A teacher is very poorly quail-
 
 28 School Commissioners. 
 
 fieri who cannot use one set of text books as well as another. The trustees 
 should exercise their authority, in relation to text books, to prevent any unnec- 
 essary change, and to preserve an uniformity. Classes of the same grade 
 should have the same books. 
 
 Whenever the commissioner finds in any school a number of pupils of the 
 same standing using different books, and classed separately, he should point 
 out the evil, by showing how, if all had the same books, one class and one 
 recitation would suffice for all, and the teacher's corrections and observations, 
 repeated to several classes, might be limited to one, and much valuable time 
 of pupils and teacher be saved. 
 
 Where the evil of a variety of text books prevails, it might not be advisable 
 to compel uniformity by an immediate change of books. The ^trustees could 
 however decide i;pon the text books to be used, and require every scholar who 
 should afterward have occasion to purchase a new book to conform to their 
 decision. 
 
 In cities and large villages, the adoption of uniform text books is a pecuniary 
 advantage to the people, particularly to the transient population that frequently 
 move from one district to another, and are generally least able to purchase new 
 books. But the positive necessity of uniformity is not so apparent in rural 
 districts. The inhabitants there do not often change their residence. It is not 
 best to be indifferent as to the merit of text books, but to exercise prudence in 
 recommending them. It is desirable that the people should understand that 
 v\ hile the interests of their children command the first attention, the subject of 
 expenses has also a fair consideration. Their confidence and co-operation will 
 thus be secured. 
 
 5. Sclwol-lwuses and grounds. — It is highly important that an earnest appeal be 
 made to the trustees and inhabitants of the several school districts to give 
 attention to the condition and improvement of school-houses and grounds. It 
 is not possible to have schools high toned and in healthy spirit where inatten- 
 tion to comfort and beauty exists. If any element of character unfavorable to 
 order and progress is called into morbid activity, it may often be traced to this 
 source. 
 
 Health of body and vigor of mind should be carefully regarded. There 
 should never be too long confinement in school rooms. Pure air is absolutely 
 indispensable. It has been suggested, by distinguished writers on education, 
 that six hours of daily confinement will impair the health of the great majority 
 of pupils ; that, witli the very best ventilation, no school room containing a 
 score or more of children can be as healthy as the open air ; hence, that no 
 pupil should be kept in school for a longer time than is necessary to fix his 
 attention upon his lessons. Ci'rowth and development of body are indispensa- 
 ble to the future well-being of the child and to realize the ideal of a well 
 constituted man or woman. To this end the enjoyment of pure, fresh air, 
 unconstrained attitudes of body, ample exercise and exhilarating play, are 
 absolutely necessary ; and the school-house, its location and grounds, should 
 supply these wants. The mind of every child craves, receives and assimilates 
 knowledge. Wo should so adapt our educational facilities that the desire for
 
 School Commissioners. 29 
 
 intellectual acquirement shall remain through life vmimpaired. But very many 
 children are so stupefied by the noxious air which they are compelled to 
 breathe six hours every day, their vital apparatus so wearied, that they acquire 
 an abhorrence of school and a disgust for study Avhich are never eradicated. 
 It is in the nature of things that any exertion, connected with physical suffer- 
 ing or oppressive sense of constraint, induces repugnance. Hence, in spite of 
 the efforts employed to impress such children with an earnest conviction of the 
 importance of a good education, they regard the school room as a prison, the 
 vacations as seasons of delight, and adult age as the era of emancipation from 
 an arduous bondage. 
 
 It is the vocation of the commissioners to discover and suggest a correction 
 for these evils. When they visit school-liouscs, they should notice whether 
 they are properly located. Many are situated on the line of the highway. 
 They should be removed from it sufficiently far to escape the noise, dust and 
 other inconveniences. If they are old, and a few boards and shingles and 
 a little paint will improve their external appearance, and make them internally 
 more safe and comfortable, surely they should be applied. If the doors are 
 broken or the seats and desks marred, they should be repaired and adapted to 
 the physical comfort of the pupils ; if the grounds need grading, it should be 
 done ; if pools of stagnant water are near, they should be drained and filled ; 
 if proper fencing is required, let the subject receive prompt attention. Trees 
 should be planted, shrubs and flowers should be set. Let free application be 
 made of broom, brush and lime, to renovate the internal economy of the school 
 room. Willing hands enough can be found in every school district to make all 
 the improvements suggested, provided attention is directed to their importance. 
 Certainly it is the school-house, if any building, Avliich ought to be constructed 
 and preserved with care and surrounded with pleasant scenery. Few parents 
 would reside in a dwelling constructed with as little regard to beauty and com- 
 fort as are many of our school-houses. They should care as well for the place 
 where their children congregate for instruction. They should be impressed 
 with the conviction, that there the associations of nature and art should bo 
 attractive, to secure on the part of scholars a love for their school ; that associ- 
 ations with order and beauty give birth, in the minds of the young, to pure 
 and holy emotions, whose happy influence will establish them in purity of 
 desire and thought. 
 
 The attention of trustees should be called to this subject ; and, if possible, 
 they should be induced to appoint a suitable day for making necessary improve- 
 ments and embellishments. Let the matrons and maids assist. Let the 
 children participate in the work ; they should share the pleasure and receive 
 the lesson it would teach. 
 
 5. To examine persons proposing to teach common schools within his 
 district, and not possessing the Superintendent's certificate of qualification or a 
 diploma of the State normal school, and to intjuirc into their moral fitness and 
 capacity, and, if he find them qualified, to grant them certificates of qnalifici- 
 tion, in the fonns which aro or may be prescribed by the Superintendent.
 
 30 School Commissioners. 
 
 The commissioners, being the only persons in their Bsveral districts author- 
 ized to grant certificates, should be prepared to make examinations whenever 
 making their round of visitations. To afford every reasonable accommodation 
 to persons 'who may offer themselves, they should appoint some particular day 
 and place, in each town, where they will be in readiness to examine teachers. 
 It would also be well to give notice in the county papers in the spring and fall, 
 ji.ist before the summer and winter terms generally commence, of certain 
 times and places at which applications may be made to them for licenses. Such 
 notices would probably bring together several applicants, and thereby lessen 
 the labor and time required for examination. One or more hours of each day 
 might be set apart for this purpose, at the time of holding a teachers' institute. 
 
 The examination should be confined to ascertaining the qualifications of can- 
 didates, under three heads, viz. : in respect, first, to moral character ; second, 
 learning ; third, ability. 
 
 First. The testimonials as to moral character should be full and explicit, and 
 should be from persons long and intimately acquainted with the applicant. 
 This is no unimportant matter ; and this department establishes it as a positive 
 regulation, that no certificate is to be granted without entire satisfaction on 
 this point. The training of youth must not be committed to persons of bad 
 manners and questionable morals. Children will necessarily be more or less 
 influenced by the example of their teachers, whose principles, therefore, should 
 be such as to inspire confidence, and whose behavior worthy of imitation. 
 
 The commissioner will be careful not to push his inquiries beyond the field 
 of morals, and extend them into the debatable ground of opinion, religious or 
 political. All he can ask is that the applicant shall hold a fair reputation, free 
 from the reproach of crime, or any taint of immorality. He would be justified 
 in rejecting a noisy zealot, with manners rude, obtrusive and offensive, indicat- 
 ing uncurbed passions and unsound principles, liable to render him obnoxious 
 to the inhabitants and unfit for a teacher of youth. The use of intoxicating 
 liquors would be a serious objection to the character of a teacher. Temperance 
 and sobriety should be demanded of every applicant. The objection is to the 
 drinking of spirituous liquors, and not to drunkenness only. Persons under 
 the influence of intoxicating drinks seldom act calmly and deliberately, but aro 
 liable to outbreaks of passion, moments of petulance, seasons of unnatural 
 excitement or depression, entirely unfitting them for the government of a 
 school or the management of young people. 
 
 The man who puts the inebriating cup to the lips of a child is instinctively 
 execrated, and no voice is ever raised to justify the inhuman act. However 
 besotted and degraded a man may be, he would be glad to have his children 
 grow up pure, temperate and respected. In all nations, and all ages, the cor- 
 rupters of youth have been stigmatized as the worst enemies of society and of 
 the State. A rule, therefore, which excludes from the office of teacher the 
 habitual drinker of intoxicating liquors, harmonizes with the better feelings of 
 the inebriate himself, as well as with the general sense of mankind 
 
 Second. As to the learning of applicants.
 
 School Commissioneks. 31 
 
 The improvement in text books, the use of charts and philosophical appa- 
 ratus, and the general diffusion of knowledge, have raised the standard of 
 qualification for teachers within the last ten years. Not^^dthstanding the 
 faults and defects of our school system, there is abundant proof that it has 
 produced fruit an hundred fold, and that our common schools, throughout the 
 State, are now the best schools, and have almost entirely superseded private 
 instruction. While, therefore, teachers must bear an examination on the same 
 subjects as formerly, a much more minute, accurate and extensive knowledge 
 of them is required. 
 
 In spelling, reading and penmanship, they are expected to be proficients, and 
 they should also be well versed : 
 
 1. In the definition of words ; 
 
 2. In arithmetic, mental and written ; 
 
 3. In geography ; 
 
 4. In the use of charts, globes and school apparatus ; • 
 
 5. In the principles of English grammar; and, 
 
 6. In the history of the United States, England, and of Europe generally, 
 and in universal history ; 
 
 7. In the science of government, at least they should know the character and 
 operation of our own State and national governments. 
 
 In a large majority of the schools, a limited acquaintance with the last two 
 heads is admissible, if the applicant is familiar with the other branches. 
 
 It may be advisable, also, if the power is exercised with due discretion, to 
 grant certificates permitting the holder to teach a particular school, or to 
 occupy the post of an assistant in departmental schools. The same extent and 
 degree of knowledge is not needed to fill a subordinate place, and hear recita- 
 tions in primary classes, as to take charge of a large school. Many summer 
 schools may also be profitably intrusted to young girls, not qualified by age, 
 education or experience to take charge of large schools. 
 
 In some schools, especially in high and union free schools, the range of 
 examination might include the higher branches of mathematics, physiology 
 and mental philosophy. 
 
 In all casses a familiarity with the current history of the present time, 
 gathered from newspapers, should be required. 
 
 Third. Ability to teach. This implies something more than good character 
 and mere learning. A faculty of imparting knowledge is essential to success 
 as a teacher. The management of a school requires a certain tact in dealing 
 with children ; a patience and good nature not possessed by every one, and by 
 very few in the same degree. The commissioners, by general inquiries and by 
 pertinent questions to the applicant, on personal examination, may form a very 
 fair judgment of his qualifications in these respects. Subsequently, their 
 observations on visiting the schools will enable them to correct their judgment. 
 Certificates, in the first instance, should be granted for a term not exceeding a 
 year. A second one should not be given to a person whose ill nature, or petu- 
 lance, or want of tact, or incapacity to impart instruction, disqualifies him for 
 the proper government of a school.
 
 32 School Commissioners. 
 
 Having satisfied themselves of tlie qualifications of the applicant, the com- 
 missioners will grant certificates, in the following forms. 
 
 Certificate of the First Grade. 
 To ALL TO WHOM THESE PRESENTS SHALL COME : Be IT KNOWN, that 
 
 I, , school commissioner for the district, in the county of 
 
 , having examined A. B., and having ascertained his qualifications 
 
 in respect to moral character, learning and ability to instruct a common school, 
 
 DO hereby certify that he is duly qualified, and that his experience in and 
 
 devotion to the profession entitle him to the rank of a teacher of the first 
 
 GRADE, and he is accordingly hereby licensed to teach any common school in 
 
 this district for three years from this date. 
 
 Given under my hand, this day of , in the year one thousand 
 
 eight himdred and 
 
 CD. 
 
 Certificate of the Second Grade. 
 
 To ALL TO WHOM THESE PRESENTS SHALL COME: Be IT KNOWN, that 
 I, , school commissioner for the district, in the county of 
 
 , having examined , and having ascertained his qualifica- 
 
 tions in respect to moral character, learning and ability to instruct a common 
 school, DO HEREBY CERTIFY, that he is qualified and entitled to the rank of a 
 teacher of the second grade, and he is accordingly licensed to teach com- 
 mon schools m any town in this district for the term of one year from this 
 date. 
 
 Given under my hand, this day of , in the year one thousand 
 
 eight luindred and 
 
 CD. 
 
 Third Grade — Limited Fo^ms. 
 
 To ALL TO WHOM THESE PRESENTS SHALL COME: BE IT KNOWN, that 
 I, , school commissioner for the district, in the county of 
 
 , having examined A. B., and having ascertained his qualifications 
 in respect to moral character, learning and ability to instruct a common school, 
 DO HEREBY CERTIFY that he is entitled to the rank of a teacher of the third 
 GRADE, and is qualified to teach the school in District No. , in the town 
 
 of , in this district, and not elsewhere, and he is accordingly hereby 
 
 licensed to teach the said school for the term of one year from this date. 
 
 Given under my hand, etc. C D. 
 
 Another 
 To ALL TO WHOM THESE PRESENTS SHALL COME: BE IT KNO'SVN, that I, 
 
 , school commissioner for the district, in the county of , 
 
 having examined , and having ascertained qualifications in 
 
 respect to moral character, learning and ability to instruct a common school, 
 DO HEREBY CERTIFY that hc is entitled to the rank of a teacher of the third
 
 School Commissioners. 33 
 
 GKADE, and is qualified for the place of first (or second) assistant in the scliool 
 in the district, in the town of , and is accordingly hereby 
 
 LICENSED to teach in said school in that capacity for one year from this date. 
 Given iinder my hand, etc. C. D, 
 
 Another. 
 
 To ALL TO WnOM THESE PRESENTS SHALL COME : Be IT KNOWN, that 
 I, , school commissioner for the district, in the county of 
 
 , having examined A. B., and having ascertained his qualifications 
 in respect to moral character, learning and ability to instruct a common school, 
 DO HEREBY CERTIFY that he is entitled to the rank of a teacher of the third 
 GRADE, and is qualified to be a teacher in the primary department in the pub- 
 lic schools in this district (or city), and he is accordingly hereby licensed to 
 teach in that capacity for one year from this date. 
 
 Given under my hand, etc. C. D 
 
 Certificates of the first grade are intended for those who have had expe- 
 rience in their profession, who are endowed by nature with a jieculiar tact or 
 who have acquired a superior skill, in the management of youth and the gov- 
 ernment of schools, and should be granted to those only who can bear an 
 examination in the whole range of studies taught in common schools. Every 
 qualification heretofore and hereafter indicated as necessary or valuable in a 
 teacher should be possessed.by the applicant. 
 
 Candidates for the second grade should be familiar with the rules of elocu- 
 tion and pronunciation, and be^ble to read with ease, intelligence and expres- 
 sion ; they should write a bold, plain hand, and be able to teach some good 
 system of writing ; they should be fully versed in mental and commercial 
 arithmetic, and well fitted to teach fractions, and the involution and evolution 
 of roots ; they should be able to teach bookkeeping by single entry ; they 
 should know the common rules of orthography, and be able to parse any sen- 
 tence in prose or poetry submitted to them, and to write grammatically, with 
 correct spelling and punctuation, the substance of any passage which may be 
 read to them ; and be entirely familiar with the elements of physical, civil and 
 political geography, as contained in any common school geography. 
 
 In short, the second grade certificates are intended for those who, with less 
 experience and a more limited acquaintance with some of the higher branches, 
 have, nevertheless, proved themselves able to impart to others what they have 
 themselves acquired, and who have attained the skill necessary to govern a 
 school, but who, on account of their youth or their want of opportunity, aro 
 fully prepared to teach only the ordinary studies considered essential in the 
 common schools. 
 
 Candidates for the third grade certificates should bo required to spell cor- 
 rectly the words of any ordinary sentence dictated by the commissioner ; to 
 read distinctly and intelligently any passage from any ordinary reading book ; 
 to work readily questions in common arithmetic ; to understand the elements 
 of English grammar, and to parse any easy sentence in proso ; to have a knowl- 
 5
 
 34 School Commissioners. 
 
 of the elements of geography, and the general outlines of the globe ; to 
 write a plain, open hand, and to exhibit good taste in the arrangement of 
 words and paragraphs ; to write letters intelligibly and grammatically, and to 
 fold and superscribe them properly ; and to know so much of morals and disci- 
 pline as to appreciate the importance of self-government. 
 
 The third grade certificates are intended for temporary licenses, to be 
 granted to novitiates and persons who for lack of experience or ability have 
 need to acquire the knowledge and> skill necessary for higher positions. 
 
 But the best set of rules and regulations respecting the examination of can- 
 didates must, after all, be regarded only as a partial help to the commissioner. 
 The wisdom and justice of his conclusions will depend mainly upon his own 
 judgment. Whatever gift, or acqiurement, or habit of thought and action 
 may constitute his ideal of the true teacher, the applicants will nearly all 
 come short of it. He can only look hopefully for an approximation, and grant 
 his certificates to those who approach nearest to his ideal. 
 
 In pursuance of the discretion vested in the State Superintendent of Public 
 Instruction, it is established as a regulation that no certificate shall be gremted 
 by any commissioner for a longer period than three years. Experience has 
 proved the impossibility of finding one lumdred and twelve school commission- 
 ers, some one of whom will not injure his reputation as a wise and considerate 
 public oflScer by granting to his favorites or friends these certificates for the 
 long term without regard to the high qualifications named. I wish to place here 
 a strong expression of my disapproval of such a course of action on the part of 
 any commissioner. Official preferences are not to be given for the benefit 
 of any officer or on accoimt of the favor of anj^ one, but solely for the public 
 welfare, and to say that a school oflUcer who, when his term is about to expire, 
 grants certificates to which teachers are not entitled, thus embarrassing the 
 action of his successor in oflfice, is unworthy of public confidence, is expressing 
 the wrong in mild terms. 
 
 6. To re-examine any teacher holding his or his predecessor's cer- 
 tificate, and, if he find him deficient in learning or ability, to annul 
 the certificate. 
 
 A commissioner may judge of the learning of a person by questions relating 
 to the studies to be taught in the district school. A searching examination 
 would expose ignorance and reveal deficiencies. But ability to teach may not 
 be combined with learning, and upon this point the commissioner must make 
 his observations in school, or obtain his information from others. A person 
 may be unfit to teach from want of self-control. The first qualification of a 
 good teacher is the ability to rule his own passions, and keep them under sub. 
 jection. If complaints are made against any teacher of exhibitions of bad 
 temper, of yielding to ungovernable passions, of cruelty in the infliction of 
 punishment, the commissioner should investigate the charges, and give the 
 teacher an opportunity to refute or (explain them. If they are sustained by 
 BuflGlcient proof, he should annul the certificate.
 
 School Commissioners. 35 
 
 Anotlicr deficiency may be in the ability to manajre and govern a school. 
 Witliout good government, which secures obedience, keeps good order, and 
 commands respect, learning is of little avail, for disobedience leads to disorder, 
 and in the midst of confusion there can be no application to study. In a young 
 teacher something may be forgiven on this score, for ability may be gained by 
 experience. But teachers who, after years of experience, fall in government, 
 should give up the profession. 
 
 7. To examine any charge affecting the moral character of any 
 teacher Avitliin his district, first giving such teacher reasonable 
 notice of the charge, and an opportunity to defend himself there- 
 from ; and if he find the charge sustained, to annul the teacher's 
 certificate, hy whomsoever granted, and to declare him unfit to 
 teach; and, if the teacher held a certificate of the Superintendent, 
 or a diploma of the State normal school, to notify the Superin- 
 tendent forthwith of such annulment and declaration. 
 
 Wlien complaint is made of deficiency in moral character, fiill opportunity 
 should be given the teacher for defense. He should be made acquainted with 
 the precise charges affecting his character, and ample time allowed to prepare 
 proofs and bring witnesses to explain or disprove them. 
 
 The refusal of any person to submit to an examination to ascertain his quali- 
 fications as to learning and ability, or a failure to appear and answer charges 
 touching his moral character, after due notice of the time and place for a hear- 
 ing, would be an admission of incompetency or immorality, as the case might 
 be, sufficient to justify the annulling of his certificate. 
 
 The mode of procedure is not prescribed by the statute in express terms. 
 It will, therefore, be safer to consider section 37, of chapter 480, Laws of 1847, 
 as still in force, and as controlling the manner in which the school commis- 
 sioner is to exercise this power. 
 
 The section is as follows : 
 
 "§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 writing, to the teacher holding it, and to tho 
 trustees of the district in which he may be employed, of his intention to annul 
 the same." 
 
 In 10th Barbour's Reports, 296, it Avas held by the supreme court that ten 
 days' notice, and an order at the expiration of that time, were necessary to 
 annul the certificate of a teacher. In that case, the superintendent examined 
 a teacher on the last day of January, and, as he testified, decided him to bo 
 incompetent to teach, on account of his education being in some respects insuf- 
 ficient, and annulled his certificate. On the second of February, he gave 
 notice to the teacher that he intended to annul his certificate, and filed a simi- 
 lar notice with the town clerk, " to take effect February 12th." The court say
 
 36 School Commissioners. 
 
 that the order annulling' the certificate must be in writing, and, commenting 
 on the evidence of the superintendent, remark : " He doubtless fonned the 
 mental conclusion that he would annul the certificate, and gave notice to tbat 
 effect. This was not a compliance with the provisions of the law. A notice 
 of an intention to do an act is not an actual performance. The object of the 
 statute in requiring notice was to fulfill the great requirement of justice, that 
 no man shall be condemned unheard. The parties were entitled to a day 
 before the superintendent, of which they were to have ten days' notice. To 
 the teacher it was a matter of deep concern that he should have an opportu- 
 nity of resisting a sentence of degradation, affecting his character and his pros- 
 pects of usefulness in life. It does not appear that the superintendent made 
 any order at the expiration of the ten days mentioned in the notice. The con- 
 trary is conclusively to be inferred from the fact that he left the State on tJie 
 seventh of February, and did not return until three weeks afterward. It fol- 
 lows, therefore, that the certificate of the teacher was not legally annulled on 
 the third of February, nor indeed on any day in that month." 
 
 It is imdoubtedly the right of the commissioner to examine a teacher in 
 respect to his literary qualifications, and to satisfy himself, by inspection of 
 his method of conducting school exercises, as to his intellectual and moral 
 capacity to teach, without pre^aous notice. A very unfavorable impression 
 might often be formed, and that justly, which the teacher could remove by 
 showing facts not apparent iipon the examination. 
 
 The notice may be in the following form, and should be served personally 
 upon the teacher and upon one or more of the trustees in whose emplopnent 
 he may be : 
 
 Take notice that it is my intention to annul the certificate of R. S., a teacher 
 employed in district No. , of the town of for want of sufficient 
 
 literary qualifications (or ability to teach, or whatever the cause may be), 
 unless cause to the contrary shall be shown on or before the day of 
 
 A. B., 
 
 Schosl Commissioner. 
 
 At the expiration of the notice, if the commissioner determine to annul the 
 certificate, he should make an order substantially as follows : 
 
 Notice having been given by mc in writing, at least ten days previous to the 
 day of , to R. S., a teacher employed in district No. , in 
 
 the town of , and also to the trustees of such district, of my intention 
 
 to annul the certificate of such teacher for want of sufTicient literary qualifica- 
 tion (or ability to teach, or as the case may be), unless cause to the contrary 
 were shown on or before the day aforesaid, and no cause having been shown 
 (or if the parties have appeared to show cause, after hearing the ])roofs and 
 allegations of the said R. S. [or the trustees], and mature deliberation being 
 thereupon had), it is hereby ordered that the certificate of qualification of tha
 
 School Commissioners. 37 
 
 said R. S., as a teacher of common schools, be, for the cause aforesaid, and 
 the same is hereby annulled. Dated this day of 
 
 A. B., 
 
 School Commissi:T.ir for , etc. 
 
 If charges affecting the moral character of the teacher be presented, the 
 notice should be : 
 
 Take notice that the following charges, affecting the moral character of R. S., 
 a teacher employed in district No. , of the town of , have been 
 
 presented by James Jackson, of the town of , as a cause for annulling 
 
 the certificate of said teacher, viz. : (Here recite the charges, in which the 
 precise nature, time, place and circumstances of the offenses imputed to the 
 teacher should be stated) ; and that I shall proceed to examine into the charges 
 aforesaid, and to hear the defense of the said teacher at o'clock of the 
 day of , at , in the town of 
 
 C. O., 
 School Commissioner for , etc. 
 
 It is believed that a commissioner ought not to subject a teacher to the noto- 
 riety of a public accusation, unless some person shall make complaint to him, 
 and sustain it by his own oath or that of witnesses whom he produces. He 
 should ascertain that there is probable cause for proceeding in substantially 
 the same manner as a j ustice of the peace, to whom application is made for a 
 criminal warrant. He may, for this purpose, administer oaths, examine the 
 complainant and his witnesses orally, and reduce their testimony to -writing. 
 
 The charges must be direct and positive of such offenses as would justify the 
 annulling of the certificate. They ought to be sufficiently particular to apprise 
 the teacher of what he is accused, and enable him to prepare for defense ; 
 for example, if an immoral habit, as profane swearing, licentiousness, intem- 
 perance in the use of spirituous liquors, is charged, one or more instances of it 
 should be specified. 
 
 When the time for examination arrives, it is for the complainant first to ad- 
 duce evidence in support of his charges.' The accused is not bound to offer 
 any testimony until something is proved against him by 'witnesses whom he 
 has the opjwrtunity to cross-examine. The preliminary complaint is only for 
 the purpose of putting him upon trial, but is not evidence upon the trial, unless 
 for the purpose of discrediting the witnesses, by showing that they have testi- 
 fied differently as to the same transaction. 
 
 As the commissioner is required to report his action to the State Superin- 
 tendent, and as an appeal may be taken from his decision, he should take fuU 
 minutes, as it is given, as nearly as possible in the language of the witnesses. 
 It would be well, also, though not indispensable, that the testimony of each 
 witness should be read over to and subscribed by him as soon as he has 
 concluded. 
 
 4GS3i6
 
 •38 School Commissioners. 
 
 The statute contemplates a decision by the commissioner, and the testimony 
 may be needed only in case an appeal is brought from the decision. 
 
 The commissioner should draw three copies of his instrument annulling a 
 certificate, one of which he should keep, and another serve upon the teacher, 
 and the third send to the State Superintendent. The trustees, also, should be 
 notified of the fact immediately, in order to save the district from the loss of 
 the public money consequent upon the employment of a teacher without a 
 license. 
 
 The commissioners are instructed to report, once in three months, to this 
 department, the names of all teachers whose certificates have been annulled, 
 with the cause of such proceeding. 
 
 They should also keep a register of the names of all persons to whom they 
 grant certificates of qualification, with the date of each certificate and the term 
 and place for which it was given ; and also the names of all persons whose 
 certificates are annulled by them, with the date, and the general reasons 
 therefor. 
 
 § 14. Every scliool commissioner shall have power to take affi- 
 davits and administer oaths in all matters pertaining to common 
 schools, but without charge or foe ; and, under the direction of the 
 Superintendent of Public Instruction, to take and report to him 
 the testimony in any case of appeal. 
 
 It was not the design of this section to supersede the present mode estab- 
 lished by regulation of presenting testimony upon appeals in the form of 
 written affidavits, but to enable the Superintendent to obtain additional light, 
 where the written evidence is conflicting, ambiguous or otherwise unsatisfac- 
 tory, by the oral examination of witnesses before a commissioner. Where the 
 Superintendent conceives this necessary or desirable, an order will be made in 
 the case, referring it to the proper commissioner to hear and report all testi- 
 mony which may be produced before him by the respective parties to the 
 appeal, or the testimony of particular witnesses named in the order, or testi- 
 mony in relation to particular issues specified. The range of inquiry will bo 
 limited by the terms of the order. 
 
 Upon receiving the order, the commissioner will give notice to both parties 
 of the time and place at which he will hear the evidfeuce to be produced by them 
 respectively, if the reference is general, or of the witness named, or in relation 
 to particular issues or subjects of inquiry, if the reference is limited in either 
 respect. At the time and place a])pointcd, the commissioner will administer an 
 oath to the witnesses in the following form : 
 
 You swear (or declare and affirm) that the evidence you shall give ujion this 
 hearing, under the order of the Superintendent of Public Instruction, on the 
 appeal of (reciting the title of the proceeding as the same is 
 
 given in the entitling of the order), shall be the truth, the whole truth, and 
 nothing but the truth, so help you God.
 
 School Coitmissioners. 39 
 
 Tlie evidence of eacli Avitness on liis direct examination should be reduced to 
 ■writing, read over to the witness, any additions or corrections he desires 
 to make stated (wthout erasing any thing that has, been written), and then 
 Bubscribed by the witness and certified by the commissioner, before tlie witness 
 is cross-examined. The cross-examination is to be taken, corrected, subscribed 
 and certified in tlie same manner. 
 
 At the conclusion of the examination the commissioner should indorse or 
 under-write upon the original order " The execution of this order appears by 
 the depositions hereto annexed. A. B., Commissioner." He should then 
 append to the order, and return therewith to the Superintendent, the depositions 
 in the following form '. 
 
 [Title of the case as in the order.lj \ Depositions taken on the day 
 
 'of , at , under an order of 
 
 the Superintendent of Public Instruc- 
 tion, dated , before A. B., school 
 1 commissioner for the commis- 
 
 sioner district of county. 
 
 C. D., a witness produced, was duly sworn by said commissioner, and on 
 being orally examined by for the appellant (or respondent), 
 
 deposeth as follows : I reside in the town of ; I was pi'esent at a 
 
 meeting held in District No. , on the 10th day of May, 185G, etc. 
 
 On hearing the above read, the witness further deposeth : I want to be under- 
 stood that I was not present at the meeting (give the additions and correc- 
 tions of the witness to his testimony as reported. 
 
 (Signed.) 
 
 CD. 
 
 Subscribed and sworn to this 
 day of , before me, 
 
 A. B., Commissioner. 
 
 . \ 
 
 On being cross-examined by for the respondent, the witness abovo 
 
 named deposeth : I saw James Jones at the meeting to which I have testified. 
 He was outside of the building when the meeting was organized, etc. 
 
 The commissioner has no power to compel the attendance of witne.sses. If 
 any of those named in the order do not a]5pear, he should take and report the 
 evidence of the parties, showing their refusal or other reason for non-attendance. 
 
 § 15. The commissioners shall be subject to such rules and reg- 
 ulations as the Superintendent of Public Instruction shall, from 
 time to time, prescribe ; and appeals from their acts and decisions 
 may be made to him, as hereinafter provided. Tliey shall, when- 
 ever thereto required by the Superintendent, re])ort to him, as to 
 any particular mutter or act, and shall severally make to him 
 annually, up to the first day of October in each year, a report in 
 such form, and containing all such particulars as he shall prescribe
 
 40 State and Othek School Moneys. 
 
 and call for; and for that purpose shall procure the reports of the 
 trustees of the school districts from the town clerks' offices, and 
 after abstracting the necessary contents thereof, shall arrange and 
 indorse them properly, and deposit them with a copy of his own 
 abstract thereof, in the office of the county clerk; and the clerk 
 shall safely keep them. 
 
 The annual reports of tlie trustees of scliool districts are required to be made 
 between the first and second Tuesdays of October in each year, and filed with 
 the town clerks. (Sec. GO of title 7.) The commissioner should call for them 
 promptly ; and, if any districts are delinquent, should at once proceed to ascer- 
 tain the cause. It should be his care, if possible, to cause a report to be made 
 by every district in his jurisdiction, and he should aid trustees who may need 
 his counsel and advice. 
 
 The reports of the commissioners are required to be made at such times and 
 to contain such statistical information as the State Superintendent shall 
 prescribe. Blank forms will be ajaaually prepared and distributed to the com- 
 missioners, and circulars will be addressed to them, with instructions as to the 
 information required and the time when the reports must be completed, and 
 deposited in the mail or sent by express to this department. 
 
 It must be borne in mind that the State Superintendent is directed to send 
 in his annual report to the Legislature, dated December 31st of each year. The 
 reports of commissioners must, therefore, be prepared two or three months 
 previous to this time ; negligence on the part of one, two or three commission- 
 ers will necessarily cause serious delay and embarrassment to the department, 
 as the Superintendent cannot comment upon results imtil all the details are 
 received 
 
 TITLE in. 
 
 OP THE STATE AND OTHER SCHOOL MONEYS, THEIR APPORTIONMENT 
 AND DISTRIBUTION, AND, HEREIN, OF TRUSTS AND GIFTS FOR THE 
 BENEFIT OF COMMON SCHOOLS. 
 
 FIRST ARTICLE. 
 
 Of the State school moneys and their apportionment by the Super-, 
 intcndent of Public Instiicction, and payment to the county and 
 city treasurers. 
 
 § 1. There shall be raised by tax, in the present and each suc- 
 ceeding year, upon the real and personal estate of each county 
 within the State, one mill and one-fourth of a mill upon each and 
 every dollar of the equalized valuation of such estate, for the sup- 
 port of common schools in the State; and the proceeds of such tax 
 shall be apportioned and distributed as herein provided.
 
 State and Other School* Moneys. 41 
 
 The law of 1814 required the boards of supervisors to levy upon each town 
 in the county a tax equal in amount to the money apportioned to it from tho 
 school fund. The first State tax was levied by authority of chapter 151, Session 
 Laws of 1851, page 293. Tlie fixed sum was $800,000. By section 1, chapter 
 180, of 1856, the Legislature ordered a tax of three-fourths of a mill on every 
 dollar of valuation. This provision graduated the tax so that increasing wealth 
 would yieldi a larger tax to meet the wants of a growing population. Chapter 
 405, of 1867, has added half a mill to the rate, with the intention of making 
 the revenues of the school fund and United States deposit fund, together with 
 the tax, support the common schools for at least twenty-eight weeks in most 
 of the districts. 
 
 § 2, No clerk of any board of suiDcrvisors, or other person who 
 shall make out the tax list or assessment roll of any town, shall 
 omit to include and apportion among the moneys to be raised 
 thereby the amount hereby required to be raised for the support 
 of schools, by reason of the omission of the board of suj)ervisors 
 to pass a resolution for that purpose. 
 
 § 3. The moneys so raised shall be paid into the State treasury, 
 and the Treasurer may transfer them from one depository to 
 another bv his draft, countersigned and entered by the Superin- 
 tendent of Public InstractioD. No such money shall be paid out 
 of the treasury e.vcept upon such warrant of the Superintendent, 
 countersigned by the Comptroller, referring to the law under which 
 it is drawn. The Superintendent shall countersign and enter all 
 checks drawn by the Treasurer in payment of his warrants, and all 
 receipts of tlie Treasurer for such money paid to the Treasurer, and 
 no such receipt shall be evidence of payment unless it be so coun- 
 tersigned. 
 
 § 4. The Comptroller may withhold the payment of any moneys 
 to which any county may be entitled, from the appropriation of 
 the incomes of the school fund and the United States deposit fund 
 for the support of common schools, until satisfactory evidence 
 shall be furnished to him that all moneys required by law to be 
 raised by taxation upon such county, for the support of schools 
 throughout the State, have been collected and paid or accounted 
 for to the State Treasurer ; and whenever, after the first day of 
 March, in any year, in consequence of the failure of any county 
 to pay such moneys on or before that day, there shall be a defi- 
 ciency of moneys in the treasury applicable to the payment of 
 school moneys to wliich anv other county may be entitled, the 
 6
 
 42 State and Otiiek School Moneys. 
 
 Treasurer and Superintendent of Public Instruction are hereby 
 autliorized to make a temporary loan of the amount so deficient, 
 and such loan, and the interest thereon at tl)e rate of twelve per 
 cent per annum, until payment shall be made to the treasury, shall 
 "be a charge upon the county in default, and shall be added to the 
 amount of State tax, and levied upon such county bj"- the board 
 of supervisors thereof, at the next ensuing assessment, and shall 
 be paid into the treasury in the same manner as other taxes. 
 
 The object of tlie Legislature in the preceding provision was to prevent the 
 moneys raised for school purposes in the several counties from being withheld 
 from the State treasury, and being temporarily employed to supply the defi- 
 ciencies in the county treasuries arising from delay in the collection of taxes 
 imposed for county purposes. It is therefore required that the county's propor- 
 tion of the school tax should have been actually collected, and either paid into 
 the State treasury or accounted for — as it might be by receipts from the super- 
 visors of their respective towns, showing the payment to them, on account of 
 (he apportionment to their tov/ns made by the State Superintendent and the 
 Bchool commissioners, of an amount equal in the aggregate to the school tax 
 due from the county — before the county treasurer is authorized to require from 
 the Comptroller a warrant for the amount apportioned to liis county from the 
 incomes of the school fund and United States deposit fund. 
 
 It also subjects the county to the payment of interest upon so much of its 
 cchool tax as is withheld from the State tre^isiiry, whenever it becomes neces- 
 Bary to make a loan to furnish the State treasury Avith the funds for the pay- 
 ment of school moneys to any other covmty which is not in default, and is 
 therefore entitled to immediate payment. 
 
 It is obviously, therefore, the duty of the county treasurer, for the pirrpose 
 of protecting his county from the liability to the payment of interest on a loan 
 to be made on its account, to regard the first moneys which come to his hands 
 from the town collectors as belonging exclusively to the school fund. Other 
 claims may be postponed without incurring a charge for interest, while this 
 cannot. The power and duty of the Treasurer and State Superintendent to 
 make loans under this section is not suspended, when, as is often the case, the 
 Legislature extends the time for the collection of taxes; and it would be most 
 unjust that the schools should suffer in those counties which have collected 
 their taxes promptly, for want of the exercise of that power, at the expense of 
 the counties where their collection is delayed, either by an extension of the time 
 for collection or by the return of non-resident lands. In the latter case, tho 
 county treasurer can obtain the money or a credit thereof from the Comptroller, 
 for all the arrears of taxes admitted by him, and should not therefore subject 
 the school tax to any deduction or reservation on account of returned lands. 
 
 § 5. The moneys raised by the State tax or borrowed as afore- 
 said to sui)})ly a deficiency thereof, and such portion of the income
 
 State and Other School Moneys. 43 
 
 of the United States deposit fund as shall be appropriated, and 
 the income of the common school fund, Avhen the same are appro- 
 I)riatcd to the support of common schools, constitute the State 
 scliool moneys, and shall be divided and apportioned by the Super- 
 intendent of Public Instruction, on or before the twentieth day 
 of January in each year, as follows; and all moneys so appor- 
 tioned, except the library moneys, shall be applied exclusively to 
 tlie payment of teachers' wages : 
 
 By chapter 237, Laws of 1838, the sum of $110,000, for teachers' wages, and 
 $55,000, for district libraries, were appropriated from the income of the United 
 States deposit fund, to be distributed " in like manner and upon like conditions 
 as the school moneys are now or shall be hereafter distributed." 
 
 The moneys raised by the State tax, and the revenue of the common school 
 fund, and that of the United States deposit fund appropriated to the support 
 of common schools, constitute the " State school moneys." 
 
 § 0. He shall apportion and set apart, from the income of tho 
 United States deposit fund so appropriated, the amounts required 
 to pay the annual salai'ies of the school commissioners elected or 
 elective under this act, to be drawn out of the treasury and paid 
 to the several commissioners as hereinbefore provided ; and he 
 shall also apportion to each of the cities of the State, which under 
 a special act employs a superintendent of common schools or a 
 clerk of the board of education who does the dutj'' of supervision, 
 out of the income of the said fund, or out of the income of the 
 common school fund so appropriated, five hundred dollars for each 
 member of Assembly to which such city shall be entitled according 
 to the unit of representation adopted by the Legislature, to be paid 
 into the city treasury and expended according to law, for the sup- 
 port of the common schools of the city. He shall then set apart, 
 from the income of the United States deposit fund, for and as 
 library moneys, such .sum as the Legislature shall appropriate for 
 tliat purpose. He shall also set apart from the free school fund a 
 sum not exceeding two thousand dollars for a contingent fund. 
 He shall then set apart and apportion, for and on account of the 
 Indian schools under his supervision, a sum which will be equita- 
 bly equivalent to their proportion of tlie State school moneys 
 upon the basis of distribution established by this act, such sum to 
 be wliolly payable out of the ])roceeds of the State tax for the 
 support of common schools. After deducting the said amounts,
 
 44 State and Other School Moneys. 
 
 he shall divide the' remainder of the State school moneys into two 
 parts, one to be one-third and the other to be two-thirds of such 
 remainder, and shall apportion them as hereinafter specified. 
 
 By tlie " free scliool fund " is meant the money raised by the State tax. 
 
 1. The salaries of the school commissioners are first ascertained and set 
 apart from the income of the United States deposit fund. 
 
 2. The number of Assemblymen to which each city is entitled is next ascer- 
 tained, and five hundred dollars for each is set apart either from the income of 
 the United States deposit fund or the common scliool fund. 
 
 3. He sets apart from the income of the United States deposit fund fifty -five 
 thousand dollars, specially appropriated by the Legislature for libraries. 
 
 4. He then sets apart from the free school fund, or avails of the State tax, 
 two thousand dollars for a contingent fund. 
 
 5. He then sets apart an equitable sum for the support of Indian schools, 
 payable from the " free school fund," or proceeds of the State tax. 
 
 The sum of these five items is then deducted from the aggregate of the 
 State school moneys, and the remainder divided into two parts, one consisting 
 of one-third and the other of two-thirds of such remainder. 
 
 § 7. He shall apportion the one-tliird of the remainder eqvxally 
 among the school districts and cities from which reports shall have 
 been received in accordance with law, as follows : 
 
 To entitle a district to a distributive portion or district quota, 
 a qualified teacher, or successive qualified teachers, must have 
 actually taught the common school of the district, for at least 
 the term of time hereinafter mentioned, during the last pre- 
 ceding scliool year. For every additional qualified teacher and 
 his successors who shall have actually taught in said school during 
 the Avhole of said terra, the district shall be entitled to another 
 distributive quota; but pupils employed as monitors, or otherwise, 
 shall not be deemed teachers. The aforementioned term, during 
 the current school year, shall be six months, and thereafter shall 
 be twenty-eight weeks of five school days each, inclusive of New 
 Year's day, Washington's birthday, the fourth day of July, Christ- 
 mas day, and any other day which shall be, by law, declared a 
 holiday, which shall occur during the term. A deficiency not 
 exceeding three weeks during tlie current year, or in any subse- 
 quent year, caused by a teacher's attendance upon a teachers' 
 institute within the county, shall be excused. 
 
 The one-third is apportioned to those districts, and to those only, that have 
 made their annual report in accordance with law ; and their reports must also
 
 State and Other School Moneys 45 
 
 show that school has been taught, durina: the preceding school year, by quali- 
 fied teachers. (Sec § 41, of title 7.) If a district has employed a single teacher 
 for the whole tenu, or has employed one or more teachers, whose terms of 
 service make up the requisite time of twenty-eight weelis, it is entitled to a 
 single quota. If a district has employed two or more teachers, it is entitled to 
 an additional quota for every teacher, or succession of teachers whose terms of 
 service amount to twenty -eight weeks. The number of reported districts 
 increased by the number of additional teachers so employed will give the 
 whole number of quotas in the State. Di%'iding the " one-third of the remain- 
 der " by the whole number of quotas, will give the amount of money to which 
 each district is entitled, and that amount is called the district quota. 
 
 The school year is twenty-eight weeks of five days each. No school district 
 will be entitled to any share in the " State school moneys" unless the report 
 of the trustees shows, afBrmatively, that a school has been taught the full school 
 year by a qualified teacher. If a legal holiday comes within the term, the 
 teacher Avill not keep school on that day, nor be required to make it up as a 
 deficiency. A teacher may also be absent in attendance upon a teachers' insti- 
 tute, not exceeding three weeks, and the time so spent will not be deemed a 
 deficiency, and the trustees must pay him as for time employed in liis school. 
 (Sec g 5, of title 11, of this act.) 
 
 Evening schools, when conducted under the super\'ision of trustees, are con- 
 sidered simply as a continuation of the day schools, not as separate branches of 
 the day schools. Those persons attending the evening and not the day schools 
 may be included in the trustees' report of aggregate and average attendance, 
 and public money may be drawn upon their attendance. But persons attend- 
 ing both the day and evening schools should be coimted but once in the report 
 of attendance. 
 
 § 8. Having so apportioned and distributed the one-third, the 
 Superintendent sliall apportion the two-thirds of the said remainder, 
 and also the library moneys separately, among the counties of the 
 State, according to their respective population, excluding Indians 
 residing on their reservations, as the same shall appear from the 
 last preceding State or United States census ; but as to counties in 
 which are situated cities haA ing special school acts, he shall appor- 
 tion to each city the part to which it shall so appear entitled, and 
 to the residue of the county the part to which it shall api)car to 
 be so entitled. If the census accoi'ding to which the apportion- 
 ment shoidd be made docs not show the sum of the population of 
 any county or city, the Superintendent shall, by the best evidence 
 he can procure, ascertain and determino the ]>opulation of such 
 county or city at the time the census Avas taken, and make his 
 apportionment accordingly.
 
 46 State and Other School Moneys. 
 
 The two-tliirds of tlie said remainder is then apportioned to the several 
 counties and cities ha\ing special acts, according to population. A census of 
 the United States is taken every tenth year of the centivry, as 1810, 1820, and 
 so on. A census of the State is talien once in ten years, also, as 1805, 1815, 
 and so on. The population upon which the apportionment must be based is 
 the last preceding census, whether of the State, or the United States. 
 
 The p^o^^sion in the last sentence of this section was made to meet cases 
 which might arise from the erection of new cities, or counties, or the alteration 
 of their boundaries by the Legislature, thereby taking from or adding to their 
 population, after the last preceding census has been taken. 
 
 § 9. The. Superintendent shall appovtion to each separate neigh- 
 borhood which shall have duly reported such fixed sum as will, in 
 his opinion, be equitably equivalent to its portion of all the State 
 school moneys upon the basis of distribution established by this 
 act ; such sum to be payable out of the contingent fund hereinbe- 
 fore established. 
 
 The separate neighborhoods formed to accommodate inhabitants whose 
 children can more conveniently attend school in an adjoining State are situated 
 in the towns of Independence, Allegany county ; North Castle and Lewisboro, 
 Westchester county ; Southport, Chemung county ; Nichols, Tioga county, and 
 Hampton, Washington county. The first three only have made reports for the 
 last two years, and the number of children of school age in the three was 39. 
 
 § 10. Whenever any school district or separate neighborhood 
 shall have been excluded from participation in any apportionment 
 made by the Superintendent, or by the school commissioners, by 
 reason of its having omitted to make any report required by law, 
 or to comply Avith any other provision of law, or with any rule or 
 regulation made by the Superintendent under the autliority of law, 
 and it shall be shown to the Superintendent that such omission 
 was accidental or excusable, he may, upon the application of such 
 district or neighborhood, make to it an equitable allowance; and 
 if the apportionment was made by himself, cause it to be paid out 
 of the contingent fund; and, if the apportionment was made by 
 the comitiissioners, direct them to apportion such allowance to it, 
 at their next annual apportionment, in addition to any apportion- 
 ment to which it may then be entitled. 
 
 § 11. If money to which it is not entitled, or a larger sum than 
 it is entitled to, shall be apportioned to any county, or part of a 
 county, or school district, and it shall not have been so distributed
 
 State axd Other School Moneys. 47 
 
 or apportioned among the districts, or expended, as to make it 
 impracticable so to jio, the Superintendent may rechiim such 
 money or excess, by directing any officer in -whose hands it may 
 be to pay it into the State treasury, to the credit of the free 
 school fund ; and the State Treasurer's receipt, countersigned by 
 the Superintendent, shall be his only voucher ; but, if it be imprac- 
 ticable so to reclaim such money or excess, then the Superintendent 
 shall deduct it from the portion of such county, part of a county 
 or district, in his next annual apportionment, and distribute the 
 sura thus deducted equitably among the counties and parts of 
 counties, or among the school districts in the State entitled to 
 participate in such apportionment, according to the basis of appor- 
 tionment in which such excess occurred. 
 
 § 12. If a less sum than it is entitled to shall have been appor- 
 tioned by the Superintendent to any county, part of a county or 
 school district, the Superintendent may make a supplementary 
 apportionment to it, of such a sum as shall make up the deficiency, 
 and the same shall be paid out of the contingent fund, if sufficient, 
 and, if not, then the Superintendent shall make up such deficiency 
 in his next annual apportionment. 
 
 Sections 10, 11, and 13 are remedial, and give the Superintendent power to 
 grant relief to districts ; 
 
 1. For omissions or neglect of duty. 
 
 2. For wrong or excessive apportionments of money. 
 8. For deficiencies in apportionment. 
 
 The most common omissions and neglects of duty are failure to report, 
 failure to have school kept during the school year, and the employment of 
 unqualified teachers for a part of the yeal". If the trustees have any excuse 
 for their neglect or omission of duty, or if circumstances not under their con- 
 trol interfere with its performance, they may make a written statement of 
 facts, and verify it by affida\-it, and the Superintendent in his discretion may 
 grant relief. 
 
 The errors under the other two heads would arise from wrong computations 
 or mistakes in transcribing, and the Superintendent will correct them as soon 
 as they are brought to his notice. 
 
 This power is not to be exercised arbitrarily and without good cause. The 
 Superintendent does not want reasons and argument, but facts. The sickness 
 or death of a trustee will excuse a failuri- to report. A deep snow, an unex- 
 pected storm, or a railroad accident would explain delay. The burning of a 
 Bchool-house, the sickness or death of a teacher, or the prevalence of an epi- 
 demic or contagious disease would excuse a failure to keep school for the 
 whole twenty-eight weeks required by law. The facts must bo sufficient to
 
 48 State and Other School Moneys. 
 
 relieve the trustees from all blame. If they are guilty of a willful violation 
 of duty, or of sheer neglect, the Superintendent cannot lawfully grant the 
 district any relief. 
 
 § 13. As soon as possible after the making of any annual or 
 general apportionment, the Superintendent shall certify it to the 
 county clerk, county treasurer, school commissioners and city 
 treasurer or chamberlain, in every county in the State ; and if it 
 be a supplemental apportionment, then to the county clerk, county 
 treasurer, and school commissioners of the county in Avhich the 
 neighborhood or the school-house of the district concerned is 
 situate. 
 
 § 14. The moneys so annually apportioned by the Superintend- 
 ent shall be payable on the first day of February next after the 
 apj)ortionment, to the treasurers of the several counties and the 
 chamberlain of the city of New York respectively ; and the said 
 treasurers and chamberlain shall apply for and receive the same so 
 soon as payable. 
 
 SECOND ARTICLE. 
 
 Of trusts for the benefit of common schools, and of town school 
 funds, fines, jyenalties and other moneys held, or given for their 
 benefit. 
 
 § 15. Real and personal estate may be granted, conveyed, de- 
 vised, bequeathed and given in trust and in perpetuity, or other- 
 wise, to the State, or to the Superintendent of Public Instruction, 
 for the support or benefit of the common schools within the State, 
 or within any part or portion of it, or of any jxirticular common 
 school or schools within it; and to any county, or the school com- 
 missioner or commissioners of any county, or to any city or any 
 board or officers thereof, or to any school commissioner district or 
 its commissioner, or to any town or supervisor of a town, or to 
 any school district or its trustee or trustees, for tlie support and 
 benefit of common schools within such county, city, school com- 
 missioner district, town, or school district or within any part or 
 portion thereof respectively, or for the support and benefit of any 
 particular common school or schools therein. 
 
 § IG. No such grant, conveyance, devise or bequest shall be 
 held void for the want of a named or comi)Ctent trustee or donee; 
 but where no trustee or donee, or an incompetent one is named,
 
 State and Other School Moneys. 49 
 
 the title and trust shall vest in the people of the State, subject to 
 its acceptance by the Legislature, but such acceptance shall be 
 presumed, 
 
 § 17. The Legislature may control and regulate the execution 
 of all such trusts; and the Superintendent of Public Instruction 
 shall supervise and advise the trustees, and hold them to a regular 
 accounting for the trust property and its income and interest, at 
 6uch times, in such forms, and Avith such authentications, as he 
 shall from time to time prescribe. 
 
 § 18. The common council of every city, the board of supervi- 
 sors of ever}'- county, the trustees of every village, the supervisor 
 of every town, the trustee or trustees of every school district, 
 and every other officer or person who shall be thereto required by 
 the Superintendent of Public Instruction, shall, on or before the 
 thirtieth day of September next, report to him whether any, and, if 
 any, what trusts are held by them respectively, or by any other 
 body, officer or person, to their information or belief, for school 
 purposes, and shall transmit therewith an authenticated copy of 
 every will, conveyance, instrument or paper embodying or creating 
 the trust ; and shall, in like manner, forthwith report to him the 
 creation and terms of every such trust subsequently created. 
 
 § 19. Every supervisor of a town shall, by the thirtieth day of 
 September next, report to the Superintendent whether there be, 
 Avithin the town, any gospel or school lot, and, if any, shall 
 describe the same, and state to what use, if any, it is put by the 
 town ; and whether it be leased, and if so, to whom, for what 
 term and upon what rents ; and whether the town holds or is enti- 
 tled to any land, moneys or securities arising from any sale of 
 such gospel or school lot, and the investment of tlie proceeds 
 thereof, or of the rents and income of such lots and investments, 
 and shall report a full statement and account of such lands, moneys 
 and securities {See sec. 1 of title 4.) 
 
 § 20. Every supervisor of a town shall, in like manner, by the 
 thirtieth day of September next, report to the Superintendent 
 whether the town has a common school fund originated under the 
 " act relative to moneys in the hands of overseers of the poor," 
 passed April 27, 1829, and, if it have, the full particulars thereof, 
 and of its investment, income and application, in such form as the 
 Superintendent may prescribe {See sec. 2 of title 5). 
 
 1
 
 50 State and Other School Moxeys. 
 
 § 21. In respect to the property and funds in tlie two Last sec- 
 tions mentioned, the Superintendent shall, at the next session of 
 the Legislature, and annually thereafter, include in his annual 
 rejjort a statement and account thereof. And, to these ends, he 
 is authorized, at any time, and from time to time, to require from 
 the supervisor, board of town auditors, or any officer of a town, a 
 report as to any f^ict, or any information or account, he may deem 
 necessary or desirable. 
 
 § 22. Whenever, by any statute, a penalty or fine is imposed foi 
 the benefit of common schools, and not expressly of the common 
 schools of a town or school district, it shall be taken to be for the 
 benefit of the common schools of the county within which the con- 
 viction is had ; and the fine or penalty, when paid or collected, 
 shall be paid forthwith into the county treasury, and the treasurer 
 shall credit the same as school moneys of the county, unless the 
 county comprise a city having a special school act, in which case 
 he shall report it to the Superintendent, who shall apportion it 
 upon the basis of population by the last census, between the city 
 and the residue of the county, and the portion belonging to the 
 city shall be paid into its treasury. 
 
 The fines and penalties imposed by this act are as follows : 
 
 1. Title II, § 10. If a school commissioner neglects his duty the Superintend- 
 ent of Public Instruction .may withhold the whole or a part of his salary. 
 
 2. Title II, § 12. If a commissioner acts as agent for the sale of books, he 
 may be removed from office by the Superintendent. He is also guilty of a 
 misdemeanor. 
 
 3. Title III, § 26. The embezzlement, the withholding, or the omission to 
 pay into the county treasury of any fine or penalty, collected or received by 
 any officer, is a misdemeanor. 
 
 4. Title III, § 32. The supervisor who refuses to give a bond for the school 
 moneys paid into his hands commits a misdemeanor. 
 
 5. Title IV, § 3. The supervisor who embezzles any money or security 
 received by liim is guilty of a misdemeanor. 
 
 G. Title IV, § 5. The supervisor who neglects to make an annual report to 
 the county treasurer of tlie school moneys in liis hands incurs a penalty of 
 twenty-five dollars, to be recovered by his successor in office. 
 
 7. Title VI, § 12. The clerk, or other person, refusing to obey an order to 
 deposit the books, papers and records of a dissolved district with the town 
 clerk incurs a penalty of fifty dollars. 
 
 8. Title VII, ^ 5. Any taxable inhabitant refusing to give the notice of a 
 district meeting, under article first of title seven, forfeits five dollars.
 
 State and Othek School Moneys. 51 
 
 9. Title VII, § 14. Any person making a false declaration of his nght to vote 
 at a district meeting is guilty of a misdemeanor, and liable to imprisonment 
 not less than six months and not more than a year. Any person not qualified 
 to vote, who votes at a district meeting, forfeits five dollars, to be sued for by 
 the super\isor, for the benefit of the schools of the town. 
 
 10. Title VII, § 37, sub. 5. If a district clerk neglect to give notice to all 
 persons elected or appointed to office, and to report their names, and post-office 
 address, to the town clerk, he forfeits five dollars in each instance. 
 
 11. Title VII, § 37, sub. 7. If the district clerk neglects to keep and preserve 
 all books and records, and deliver them to his successor, he forfeits fifty dollars 
 for the benefit of the district, to be recovered by the trustees. 
 
 13. Title VII, § 34. A person chosen or appointed to a district school office 
 and refusing to serve forfeits five dollars, and any person not having refused to 
 accept office, but neglecting or refusing to perform any duty thereof, vacates 
 his office and forfeits ten dollars. 
 
 13. Title VII, § 43. The trustee who applies, or directs, or consents to the 
 application of any public money to the payment of the wages of an unqualified 
 teacher is guilty of .a misdemeanor. 
 
 14 Title VII, § 57. Every trustee who refuses or neglects to render his 
 annual accoimt in writing to the district meeting, forfeits twenty-five dollars ; 
 and every trustee who refuses to pay over to his successor any balance of 
 money in his hands, forfeits twenty-five dollars. He also forfeits his office and 
 becomes liable for the money in his hands. 
 
 15. Title VII, § 64. Every trustee who signs a false report, with intent to 
 obtain from a commissioner a larger sum than is legally due the district for- 
 feits twenty-five dollars, and commits a misdemeanor. 
 
 16. Title VII, § 89. A collector whose neglect to collect money causes a 
 loss to the district is liable for such loss, and forfeits the amount to the 
 district. 
 
 17. Title VIII, § 6. The trustees are liable to the district, and the librarian 
 to the trustees, for loss of books, or damage to them, caused by their neglect 
 of duty. 
 
 18. Title VIII, § 11. The fines imposed by the general instructions as to the 
 management and care of libraries are legalized, and may be recovered by 
 the trustees in an action of debt. 
 
 19. Title VIII, § 13. If any trustee refuses to make a report of the condition 
 of the library, at the request of the Superintendent of Public Instruction, the 
 library money may be withheld from the district, and the trustee is liable 
 therefor to the district. 
 
 20. Title XIII, § 1. The officer of any town, district or separate neighbor- 
 hood, by whose neglect any money is lost to the district, forfeits the full 
 amount of the loss with interest. * 
 
 21. Title XIII, g 2. The officer whose duty it is to Bue for a fine or penalty, 
 and who neglects to prosecute, is himself liable to pay the penalty. 
 
 22. Title XIII, §§ 3 and 4. Every person who willfully disturbs any school, or 
 any lawful meeting held in a school-house, forfeits twenty-five dollars for tha
 
 52 State and Othepw School Moneys. 
 
 benefit of the district ; find a refusal to pay the money, after judgment obtained 
 for it, subjects him to imprisonment for thirty days. 
 
 In all cases in ^\'hich a fine or forfeiture is imposed, and the amount is fixed 
 or may be ascertained by evidence, suit may be brought before any justice of 
 the peace ; or in cases of embezzlement, or withholding of money, when the 
 amount may be large, before a county court, or the supreme court. 
 
 Of the twenty-two cases above enumerated, in which penalties are provided 
 for neglect of duty or violation of the school laws, seven are declared to be 
 misdemeanors. 
 
 A misdemeanor is any crime or offense less than a felony. A felony is any 
 crime punishable by death or imprisonment in a state prison. 
 
 As the school law in these several sections has not in every case prescribed 
 the fine or penalty to be inflicted for the misdemeanor, we must look to the 
 Eevised Statutes for instruction. 
 
 The fifty-third, fifty-fourth and fifty-fifth sections of part fourth, chapter one, 
 title sixth, Revised Statutes, fifth edition, are applicable. 
 
 § 53. Where any duty is or shall be enjoined by law upon any public ofliicer, 
 or upon any i)erson holding any public trust or employment, every willful neg- 
 lect to perform such duty, where no special provision shall have been made for 
 the punishment of such delinquency, shall be a misdemeanor punishable as 
 herein prescribed. 
 
 § 54. When the performance of any act is prohibited by any statute, and no 
 penalty for the violation of such statute is imposed, either in the same section 
 containing such prohibition, or in any other section or statute, the doing such 
 act shall be deemed a misdemeanor. 
 
 § 55. Every person who shall be convicted of any misdemeanor, the punish- 
 ment of which is not prescribed in this or some other statute, shall be pun- 
 ished by imprisonment in a county jail not exceeding one year, or by fine not 
 exceeding two hundred and fifty dollars, or by both such fine and imprison- 
 ment. 
 
 It is to be hoped that there will be no occasion to prosecute for these pen- 
 alties and forfeitures, nor to punish for these misdemeanors. It is, however, 
 enjoined upon the people, and especially upon school officers, to see that the 
 laws be obeyed, and the offices be faithfully administered. 
 
 If, unfortunately, it becomes necessary to prosecute a suit for any penalty, it 
 should be done promptly. Suits for penalties or forfeitures must be brought 
 within three years after the cause of action shall have accrued. See Code of 
 Procedure, chapter 3, section 92. 
 
 An indictment for misdemeanor must be foimd within three years after the 
 commission of the crime. See Revised Statutes, fifth edition, volume 3, page 
 1017. 
 
 A reference to the several sections of the law imposing penalties and for- 
 feitures will show by whom the prosecutions are to be made. 
 
 But an indictment must be found by a grand jury, and any person cognizant 
 of the facts can appear before them and testify in any case of misdemeanor ; 
 or he may procure the aid of the district attorney, who can issue subpoenas to 
 bring witnesses before the j ury.
 
 State and Other School Moneys. 53 
 
 § 23. Every district attorney shall report, annually, to the board 
 of supervisors, all such fines and 'penalties imposed in any prose- 
 cution conducted by him durii}g the previous year; and all moneys 
 collected or received by him or by the sheriff", or any other officer, 
 for or on account of such fines and penalties, shall be immediately 
 paid into the county treasury, and the receipt of the county 
 treasurer shall be a sufficient and the only voucher for such 
 money. 
 
 § 24. Whenever a fine or penalty is inflicted or imposed fbr the 
 benefit of the common schools of a town or school district, the 
 magistrate, constable or other officer collecting or receiving 
 the same, shall forthwith pay the same to the county treasurer 
 of the county in Avhich the school-house is located, who shall 
 credit the same to the town or district for whose benefit it is col- 
 lected. If the fine or penalty be inflicted or imposed for the ben- 
 efit of the common schools of a city having a special school act, or 
 of any part or district of a city, it shall be paid into the city 
 treasury. 
 
 § 25. Whenever, by this or any other act, a penalty or fine is 
 imposed upon any school district officer for a violation or omission 
 of official duty, or upon any person for any act or omission within 
 a school district, or touching property or the peace and good order 
 of the district, and such penalty or fine is declared to be for, or 
 for the use and benefit of, the common schools of the town, or of 
 the county, and such school district lies in two or more towns or 
 counties, the town or county intended by the act shall be taken 
 to be the one in which the school-house, or the school-houso 
 longest owned or held by the district is, at the time of such vio- 
 lation, act or omission. 
 
 § 2G. Any district attorney, sheriff", justice of the peace, police 
 justice or other magistrate or officer, who shall embezzle, or will- 
 fully withhold from or omit to pay into the county treasury any 
 money i-eceived or collected in payment or satisfaction, in whole 
 or in part, of any fine or penalty in the four last preceding sec- 
 tions mentioned, shall be guilty of a misdemeanor ; and any fine 
 imposed upon a conviction thereof shall be for the benefit of the 
 common schools of the county.
 
 54 Apportionment or ScnooL Moneys. 
 
 THIRD ARTICLE. 
 
 Of the apportionment of the State school moneys^ and of other 
 school moneys^ hy the school coynmissioners, and their payment 
 to the supervisors. 
 § 27. The scliool commissioner, or commissioners of each county, 
 
 shall pi'oceed, at the county seat, on the third Tuesday of March 
 
 in each year, to ascertain, apportion and divide the State and other 
 
 school moneys as follows : 
 
 1. They shall set apart any library moneys apportioned by the 
 Superintendent. 
 
 2. From the other moneys apportioned to the county, they shall 
 set apart and credit to each separate neighborhood and school dis- 
 trict the amount apportioned to it by the State Superintendent, and 
 to every district which did not participate in the apportionment 
 of the previous year, and which the Superintendent shall have 
 excused, such equitable sum as he shall have allowed to it. 
 
 3. They shall procure from the treasurer of the county a tran- 
 script of the returns of the supervisors hereinafter required, show- 
 ing the unexpended moneys in their hands applicable to the 
 payment of teachers' wages and to library jDurposes, and shall add 
 the whole sum of such moneys to the balance of the State moneys 
 to be apportioned for teachers' wages. The amounts in each 
 supervisor's hands shall be charged as a partial payment of the 
 sums apportioned ,to the town for library moneys and teachers' 
 wages respectively. 
 
 4. They shall procure from the county treasurer a full list and 
 statement of all payments to him of moneys for or on account of 
 fines and penalties, or accruing from any other source, for the 
 benefit of schools and of the town or towns, district or districts for 
 whose benefit the same Avere received. Such of said moneys as 
 belong to a particular district, they shall set apart and credit to it ; 
 and such as belong to the schools of a town, they shall set apart and 
 credit to the schools in that town, and shall apportion them, together 
 with such as belong to the schools of the county, hereinafter pro- 
 vided, for the payment of teachers' Avages. 
 
 5. They shall apportion tlie library moneys to the school dis- 
 tricts and parts of school districts joint with parts in any city or 
 in an adjoining county, wliich shall be entitled to participate 
 therein as heremafter specified, in proportion to the number of
 
 Apportio>'3iext of School Moneys. 55 
 
 children in each between the ages of five and twenty-one years, 
 as the same shall appear from the reports of the trustees for the 
 last preceding school year. 
 
 6. They shall apportion in like manner and upon the same basis, 
 until the apportionment of the year eighteen hundred and sixty- 
 six, the remaining unapportioned moneys among such school dis- 
 tricts and parts of school districts. 
 
 7. In the apportionment of eighteen hundred and sixty-six, and 
 in every subsequent apportionment, they shall apportion one-half 
 of such remaining unapportioned moneys, in the like manner and 
 npon the same basis, among such school districts and parts of 
 districts ; and the other half they shall apportion among such 
 districts and parts of districts, in proportion to the average daily 
 attendance of the pupils resident therein between the ages of five 
 and twenty-one years, at their respective schools during the last 
 preceding school year. The average daily attendance of the pupils 
 is to be ascertained from the records thereof kept by the teachers, 
 as hereinafter proscribed, by adding together the whole number of 
 days' attendance of each and every such pupil in the district, or 
 part of a district, and dividing the aggregate by the Avhole num- 
 ber of days the school was kept during the year. 
 
 8. They shall then set apart to each town the moneys so set apart 
 and apportioned to each separate neighborhood ; to each district 
 the school-house of which is therein ; and to each part of a joint 
 district therein the school-house of which is located in a city or in 
 a town in an adjoining county. 
 
 9. They shall sign, in duplicate, a certificate, showing the 
 amounts apportioned and set apart to each separate neighborhood, 
 school district and part of a district, and the towns in Avhich they 
 are situated, and shall designate therein the source from which 
 each item of the aggregate to each district and town was derived ; 
 and shall forthwitli deliver one of said duplicates to the treasurer 
 of the county and transmit the other to the Superintendent of 
 Public Instruction. 
 
 10. They shall certify to the supervisor of each town the 
 amount of school moneys so apportioned to his town, and the por- 
 tions thereof to be paid by him for library purposes and for 
 teachers' wages, to each such distinct separate neighborhood, dis- 
 trict and part of a district.
 
 66 Appoktioxment of School Moneys. 
 
 The commissioners, before proceeding to make their apportionment, will 
 examine tlieir statistical abstracts of the reports of the trustees, and see that 
 they are correct. If, since the abstracts have been made, errors have been dis- 
 covered, let them be corrected. 
 
 Inquire, also, of the county treasurer, whether the several supervisors have 
 made the return of school moneys remaining in their hands, as directed by 
 section four of title four, of the school act. 
 
 See further, whether the district attorney, sheriff, or any other officer, has 
 paid into the county treasury any moneys collected for fines and penalties, as 
 directed by section twenty-three, of title three. 
 
 In case of joint districts, the apportionment is to be made according to the 
 number of children and the average daily attendance for that part only of 
 the district situated in the county. 
 
 The apportionment for average daily attendance must be made, not for the 
 average daily attendance of all the children attending the school, but for 
 the average daily attendance of children attending the schools in the districts 
 in which they reside. That is, resident children only are to be enumerated as a 
 basis of apportionment. 
 
 In accordance with section seven and section twenty-nine of this title, no 
 apportionment of school moneys can be made by the commissioners to districts 
 to which the Superintendent has not apportioned the district quota, in conse- 
 quence of not having maintained school twenty-eight weeks by a qualified 
 teacher. 
 
 Ha\ing settled these preliminaries and ascertained the amount of moneys to 
 be apportioned, every thing is in readiness for the work. The following is an 
 example of the process, for which we use the statistics taken from the annual 
 abstracts sent to the department in the year 1865, by the commissioners of 
 Jefferson county :
 
 Appobtionment of School Moneys. 
 
 57 
 
 STATISTICAL. 
 
 First Commissioner District. 
 
 TOWNS. 
 
 a2 
 Is 
 
 •-'2 
 
 No. of children over 
 5 and under 21 years 
 of age in districts 
 not entitled to ap- 
 portionment. 
 
 CO 
 
 m 
 
 •-ad 
 
 O^o, 
 
 Ave'ge daily attend- 
 ance of cliildren re- 
 Siding in districts. 
 
 Ave'ge daily attend- 
 ance of children in 
 distr'ts not entitled 
 to an appor'nment. 
 
 Ave'ge daily attend- 
 ance of children re- 
 siding in districts 
 entitled to an ap- 
 portionment. 
 
 Adams, 
 
 1,0(U 
 1,244 
 1,644 
 652 
 944 
 595 
 521 
 206 
 
 &1 
 30 
 
 980 
 1,244 
 1,644 
 622 
 944 
 595 
 521 
 206 
 
 301. (>40 
 460.868 
 576.599 
 218.867 
 308.153 
 187.969 
 226.483 
 73.249 
 
 27.216 
 "'6.:m 
 
 274.394 
 460.868 
 576.599 
 212.481 
 308.1.M 
 187.909 
 226.483 
 73.249 
 
 Ellisbnrgh, 
 
 Henderson, 
 
 Hoiinsficld, 
 
 
 Rodman, 
 
 Worth, 
 
 Totals, ... 
 
 0,870 
 
 114 
 
 6,756 
 
 2,353.828 
 
 33.632 
 
 2,320.196 
 
 Antwerp, 
 
 Secoi 
 
 1,153 
 778 
 947 
 592 
 565 
 2,941 
 1,597 
 
 id Commiss 
 31 
 
 ianer D 
 1,122 
 
 'strict. 
 
 350.840 
 248.183 
 340.3.50 
 199.452 
 21 6.. 554 
 876.047 
 441.871 
 
 7.711 
 
 '"'9.m 
 
 'i9.'5.56 
 
 343.129 
 248.183 
 3.31.350 
 199.4,52 
 216.5,5-4 
 876.047 
 422.. 315 
 
 
 31 
 
 75 
 
 778 
 916 
 592 
 565 
 2,941 
 1,522 
 
 Le Ray, 
 
 Philadelphia, 
 
 Rutland, 
 
 Watertown, 
 
 Wilna, 
 
 Totals, 
 
 Alexandria, 
 
 8,573 
 
 137 
 
 8,436 
 
 2,673.297 
 
 36.267 
 
 2,637.030 
 
 Thir 
 
 1,386 
 
 1,258 
 
 1,705 
 
 8:» 
 
 1,074 
 
 754 
 
 917 
 
 d Commiss 
 
 77 
 
 76 
 46 
 30 
 40 
 
 ioner Dt 
 
 1,386 
 
 1,181 
 
 1,629 
 
 792 
 
 1,044 
 
 714 
 
 917 
 
 strict. 
 
 414.801 
 358.674 
 552.691 
 305.737 
 376.178 
 268.010 
 314.522 
 
 "i6.'6.ii 
 
 20.529 
 19.214 
 16.&12 
 11.677 
 
 414.801 
 342. (H3 
 532.162 
 28(;.523 
 
 a59.:«o 
 256.3.33 
 314.522 
 
 
 
 Lyme 
 
 Orleans, 
 
 Pamelia 
 
 Theresa 
 
 Totals 
 
 Total for County, . . . 
 
 7,032 
 
 269 
 
 7,663 
 8,4.3<) 
 6,756 
 
 22,855 
 
 2,590.613 
 
 84.293 
 
 2,506.320 
 2,6.37.11.30 
 2,-320.196 
 
 7,463.456 
 
 , 

 
 58 
 
 Apportionmext of School Moneys. 
 
 FINANCIAL. 
 
 Supposed statement of moneys in hands of Supervisors, rendered by the County Treasurer to 
 t/ie School Commissioners. 
 
 1st Commissioner District. 
 
 2d Commissioner District. 
 
 3d Commissioner District. 
 
 Adams $11 50 
 
 Brownville, 5 30 
 
 Ellisburgh, 1 28 
 
 Henderson, 45 
 
 Antwerp $2 00 
 
 Champion, 1 25 
 
 Le Ray, 
 
 Philadelphia, 
 
 Rutland 3 18 
 
 Watertowu, 7 28 
 
 Wilna, 60 
 
 Alexandria, $5 15 
 
 Cape Vincent, 4 26 
 
 Clavton, 1 15 
 
 Lyme, 5 12 
 
 Hounsfield, 3 10 
 
 Orleans 
 
 Pamelia, 
 
 Theresa, 7 15 
 
 Rodman, 
 
 Worth 1 34 
 
 
 
 
 $14 27 
 
 22 S3 
 
 23 25 
 
 $22 83 
 
 $23 25 
 Total for the county, 
 
 . *(i{) .It 
 
 
 General Statement of School Moneys to be Ajyportioned. 
 
 301 district quotas at $28.29 each, - $11,06139 
 
 Pupil and average attendance quotas, 15,234 86 
 
 Library money, 954 80 
 
 Allowed for district quotas since general apportionment, 56 53 
 
 In hands of supervisor's, 60 35 
 
 Total $27,367 !)8 
 
 Amount for pupil and average attendance quotas, $15,234 86 
 
 Amount in hands of supervi«ors, 60 35 
 
 The statement procured from the county treasurer, in compliance with subdi- 
 vision 4 of section 27, of title 3, Consolidated School Law of 1864, shows no 
 moneys in his hands from fines, penalties, etc. 
 
 Total $15,295 21 
 
 Deduct amount ordered by Superintendent of Public Instruction as equitable 
 allowances to districts not strictly entitled to an apportionment, in place of 
 pupil and average attendance quotas. (See section 10, title 3, Consolidated 
 School Law of 186-1), 05 21 
 
 Balance, $15,230 00 
 
 In cases where district quotas shall have been allowed as supplementary 
 quotas, by the Superintendent, subsequent to the time of making his general 
 apportionment, notice will be given to the commissioners interested. 
 
 Before proceeding to make the regular apportionment, there must also be 
 deducted, from the moneys set apart for pupil and average attendance quotas, 
 the equitable allowances made by the Superintendent to districts that have for- 
 feited their money. The pupil and average attendance quotas will be found in 
 the apportionment for the previous year. Having then ascertained the number 
 of children entitled to share in the pupil and library money, multiply the jnipil 
 quota and library quota, respectively, by the number of such children, and 
 the products will be the sums to be allowed to the district for pupil and library
 
 ArroRTiONJiENT OF School Moneys. 59 
 
 money. Then multiply tlie daily attendance quota by the average daily 
 attendance, and the product ■will be the average attendance money. 
 
 This balance of $15,330 is to be apportioned for teachers' wages ; one- 
 half according to the number of children over five and under twenty-one years 
 of ago, and the other half according to the average daily attendance. 
 
 One-half of §15,230 is $7,615. This sum divided by 22,855, the number 
 of children over five and under twenty-one years of age, residing in those 
 districts strictly entitled to share in the apportionment, gives $0.3331875 as the 
 quota of this money for each pupil. 
 
 $0.33318T5 multiplied by 6,756 gives for 1st commissioner district, $2,351 01 
 
 8,4.36 " 2d " " 2,810 77 
 
 » " 7,603 " 3d " " 2,553 22 
 
 Total $7,615 00 
 
 $7,615 divided by 7,463.546, the average daily attendance for the county, 
 gives $1.0202925 as the average daily attendance quota for an average daily 
 attendance of one pupil. 
 
 £1.0202023 multiplied by 2,.320.196 gives for 1st commissioner district, $2,367 28 
 
 2,(;3T.030 " 2d " " 2,600 54 
 
 " " 2,506.320 " 3d " " 2,557 18 
 
 Total, $7,615 00 
 
 $954.80, library money, divided by 22,855 (number of children as above) 
 gives, as the quota of library money for each pupil, $0.0417764. 
 
 S0.0417764 multiplied by 6,756 gives for 1st commissioner district, $282 24 
 
 8,436 " 2d " " 352 43 
 
 " " 7,603 " 3d " " 320 13 
 
 Total, $954 80 
 
 Each school commissioner will now, in the first place, apportion to each 
 town the money belonging to it. 
 
 First Commissioner District. 
 
 Pupil Quota. No. Children. Towns. 
 
 $0.:»il875 multiplied by 980 gives for Adams $326 52 
 
 Brownville 414 48 
 
 Ellisbuigh, 647 76 
 
 Henderson, 207 24 
 
 Hounsfield 314 53 
 
 Lorraine, 198 24 
 
 Hodman, 173 60 
 
 Worth, 68 frl 
 
 1244 
 1644 
 023 
 944 
 595 
 521 
 206 
 
 Total $2,251 01 
 
 In the same manner apportion tne library money for the first commissioner 
 district, using the library quota for multiplicands, and the number of children, 
 as above, for multipliers ; and also the moneys to be apportioned according to
 
 60 AprORTIONMENT OF ScHOOL MoNEYS. 
 
 average daily attendance, using the average daily attendance quota for multi- 
 plicands and the average daily attendance, for the respective towns, for multi- 
 pliers. 
 
 Each commissioner will, in the same manner, apportion the moneys for his 
 district to the respective towns therein. The moneys apportioned to each town 
 will then be apportioned to the respective school districts and parts of joint dis- 
 tricts, in such town, entitled to share in the apportionment, according to the 
 number of children over five and under twenty-one years of age, and the aver- 
 age daily attendance of such children, residing in such districts and parts of 
 districts respectively. 
 
 The pupil quota, the average daily attendance quota, and the library quota, 
 will be, for every commissioner district, and every school district in the county, 
 the quotas already used. This will be the fact in every county, except in cases 
 where there are in the hands of the county treasurer moneys derived from fines 
 or penalties, or some other local source, which funds are placed, not to the 
 credit of the county, but of particular towns. 
 
 All tlie library money must be apportioned according to the number of chil- 
 dren over five and under twenty-one years of age. 
 
 After placing the moneys for each school district in their appropriate col- 
 umns in the apportionment table, add the sums horizontally, and foot them 
 vertically, and thus verify the work, and write the footings of the columns for 
 each town. 
 
 In cases where there are found in the hands of the county treasurer moneys 
 paid to him on account of fines or penalties, or accruing from any other source, 
 for the benefit of schools, and of the town or towns, district or districts fof 
 whose benefit the same were received, such of said moneys as belong to a par- 
 ticular district the commissioners must set apart and credit to it ; and such as 
 belong to the schools of a town they must set apart and credit to the schools of 
 that town, and apportion them, together with such as belong to the schools of 
 the county, for the payment of teachers' wages. These moneys should be appor- 
 tioned, one-half according to the number of children over five and under twenty- 
 one years of age, and the other half according to the average daily attendance. 
 
 There should be appended to the apportionment a " Special Statement " 
 of such moneys, showing the sources whence they were derived, and the sum 
 received from each source specified ; and stating, in case of each sum, whether 
 it is placed to the credit of the schools of the county, or those of a particular 
 town, or to a particular school district. 
 
 The commissioners will find it convenient to make auxiliary tables, having 
 one column showing the amount of library money to be apportioned for any 
 number of children from one to one hundred, and another column ehowing the 
 amount to be apportioned for teachers' wages in the same cases. A third col- 
 umn should be added, giving the sums to be apportioned for any average daily 
 attendance from one to one hundred. 
 
 Since the average daily attendance for school districts is in most cases extended 
 io decimals of three figures each, it may not be amiss to make a remark in regard
 
 Apportionment of School Moneys. 61 
 
 to tlie proper mode of using the table in apportioning that part of the money 
 which is distributed according to the average daily attendance. 
 
 Suppose, for instance, we wish to apportion to a district wliose average daily 
 attendance is 357.893. Take from the table the money to be apportioned for 
 an average daily attendance of 35 pupils. Move the decimal point one place 
 to the right and you will have the amount corresponding to 350 pupils. Now 
 take from the table the sum corresponding to an attendance of 78 pupils. 
 Move the decimal point one place to the left and you will have the sum cor- 
 responding to 7.8 pupils. Take the sum apportionable for an attendance of 93 
 pupils. Move the decimal point three places to the left and you will have the 
 sum for an average daily attendance of .093. The average daily attendances, 
 350, 7.8 and .093, when added, give 357.893 pupils. The three sums of money 
 found as directed, and added, will give the amount of money to be apportioned 
 for this average daily attendance (357.893 pupils). 
 
 A form is sent to each county, as a part of the blanks for apportionment, in 
 which each commissioner should make a " Summary Statement " for his com- 
 missioner district, recapitulating the footings by towns, and giving the total 
 footings for his district. A final summary statement should also be made, 
 recapitulating the footings by commissioner districts, and giving the total 
 footings for the county. 
 
 The blanks in the printed forms of statements showing the amount of school 
 moneys received and apportioned, and the blanks for special statement in 
 regard to local funds, should be properly filled. The " certificate " following 
 the forms for statements should be signed by all the commissioners of tho 
 county. 
 
 After making, for any super\'isor, the statement of the apportionment for the 
 school fiistricts, the school-houses of which are in his town, and the parts of 
 joint districts in his town, write at the right hand of the words " Amount now 
 in supervisor's hands," the amount reported by the county treasurer as in his 
 hands. Subtract, and write the balance at the right hand of the words " Bal- 
 ance to be drawn from county treasurer." 
 
 In making the enumeration of the school districts of each town, in tho 
 apportionment, arrange them according to their present numbers, in regular 
 consecutive order from the lowest to the highest number, inserting in its 
 proper order the number of every district, whether any money is apportioned 
 to it or not. In some cases there may be difficulty in identifying certain dis- 
 tricts, since, in many instances, commissioners may have changed the district 
 number, and inserted the new number in the abstracts, and afterward again 
 changed the district number ; making, in all, three numbers by which the dis- 
 trict has been known. By an examination of the blanks for the apportionment, 
 it will appear to be necessary to give the three numbers in each case. By no 
 other means can the Superintendent know that the apportionment is correctly 
 made, and that the commissioners understand all the changes as they have 
 been reported to the department. 
 
 Send to each supervisor, with the apportionment for his town, a blank for 
 liis use in making a copy to file with the town clerk.
 
 62 Apportionment of School Moneys. 
 
 The apportionment should be made at the earliest possible day, and the 
 duplicate be forthwith sent to the Department of Public Instruction. 
 
 § 28, If in their apportionment, through any error of the com- 
 missioners, any district sliall have apportioned to it a larger or a 
 less share of the moneys than it is entitled to, the commissioners 
 may in their next annual apportionment, with the approbation of 
 the Superintendent, correct the error by an equitable deduction 
 from or augmentation of the share of such district. 
 
 The simplest method of correcting the error of an excess of money appor- 
 tioned to one or more districts is as follows : If one district had an excess of 
 $10 (money apportioned according to the number of children); another of 
 $6.4o ; a third of $4.50 ; and a fourth of $15 ; add them together, and the sum 
 $35.95 add to and apportion with the money to be apportioned among all the 
 districts. Then deduct from the sum thus apportioned to each district the 
 excess paid to it the last year, and the remainder will be its share of the present 
 apportionment. Apply the same rule in case the excess be of library money, 
 or average attendance money. If the error be one of deficiency in a former 
 apportionment, the correction is made by setting apart from the money to be 
 apportioned a sum equal to the sum of the deficiency, or several deficiencies, 
 and then, having apportioned the residue among all the districts, out of the 
 money so set apart add to the sum thus apportioned to each district an 
 amount equal to its former deficiency. 
 
 § 29. No district or part of a district shall be entitled to any 
 portion of such school moneys on such apportionment unless the 
 report of the trustees for the preceding school year shall show 
 that a common school was supported in the district and taught by 
 a qualified teacher for such a term of time as would, under section 
 seven of this title, entitle it to a distributive share under the 
 apportionment of the Superintendent. 
 
 § 30. On receiving the certificate of the commissioners, each 
 supervisor shall forthwith make a copy thereof for his own use, 
 and deposit the original in the office of the clerk of his town ; and 
 the moneys so apportioned to his town shall be paid to him imme- 
 diately on his compliance with the requirements of the next 
 section, and not before. 
 
 § 31. Immediately on receiving the commissioners' certificate 
 of apportionment, the county treasurer shall require of each super- 
 visor, and each supervisor shall giv^e to the treasurer in behalf of 
 the town, his bond, with two or more sufficient sureties, approved
 
 Apportionment of School Moneys. 63 
 
 by the ti'casurer, in tlie penalty of at least double the amount of 
 the school moneys set apart or apportioned to the town, and of any 
 such moneys unaccounted for by his predecessor, conditioned for 
 the f^iithtul disbursement, safe keeping and accounting for such 
 moneys, and of all other school moneys that may come into his 
 hands from any other source. If the condition shall be broken, 
 the county treasurer shall sue the bond in his own name, in behalf 
 of the town, and the money recovered shall be paid over to the 
 successor of the supervisor in default, such successor having first 
 given security as aforesaid. 
 
 The boud to be given under this section ninst be renewed every jear, as its 
 penalty in each case is to be double the amount of the school moneys then to 
 be paid. Its form may be as follows : 
 
 Know all jien bt these presents, That we, John Doe, supervisor of the 
 town of , in the county of , and Richard Roe and Samuel Styles, 
 
 of the same town (or as their residence respectively may be), as his sureties, are 
 held and firmly bound unto Stephen Holdfast, treasurer of the county of 
 , in the penalty of dollars and cents (being double the 
 
 amount of the public moneys apportioned for the support of schools in the 
 town of , aforesaid), to be paid to the said Stephen Holdfast, treas- 
 
 urer, his successors in office, attorney or assigns ; to which payment, well and 
 truly to be made, we bind ourselves jointly and severally by these presents. 
 Sealed with our seals, and dated this day of , in the year of our 
 
 Lord 
 
 The condition of this obligation is such, that if the above bounden John 
 Doe, supervisor, shall faithfully disburse, safely keep and justly account for 
 the school moneys apportioned as aforesaid, and all other school moneys that 
 may come into his hands from any other source, then this obligation to be 
 void, otherwise to remain in full force and virtue. 
 
 JOHN DOE. [l. s.] 
 
 RICHARD ROE. [l. s. 
 
 SAMUEL STYLES, [l. s.] 
 
 This bond, as a matter of prudence, should be acknowledged before a com- 
 missioner of deeds or other officer authorized to take acknowledgments, and 
 the sureties should be required to indorse upon the bond an affidavit that each 
 of them is a freeholder, and worth the amount of the penalty over and above 
 all debts incurred or liabilities assumed by him. It is only upon such an affi- 
 davit that bonds required in legal proceedings are approved ; and it is a matter 
 of justice to the county treasurer that he should protect himself from per- 
 sonal liability for taking an insufficient bond by following the legal method 
 of ascertaining its sufficiency. If, after such affidavits are indorsed on the
 
 64 Disbursement of School Moneys. 
 
 bond, tlie county treasurer is satisfied witli tlio sureties, lie should indorse his 
 approval in the following form : 
 
 I hereby approve the within bond, as to its form and manner of execution 
 and the suiEciency of the sureties therein. Dated 
 
 Stephen Holdfast, 
 
 Treasurer of County. 
 
 § 32. The refusal of a supervisor to give such security shall be 
 a misdemeanor, and any fine imposed on his conviction thereof 
 shall be for the benefit of the common schools of the town. Upon 
 such refusal, the moneys so set apart and apportioned to the town 
 shall be paid to and. disbursed by some other ofiicer or person to 
 be designated by the county judge, under such regulations and 
 with such safeguards as lie may prescribe, and the reasonable com- 
 pensation of such officer or person, to be adjusted by the board of 
 supervisors, shall be a town charge [See sec. 22 of this title). 
 
 TITLE IV. 
 
 OF THE DISBURSEMENT OF THE SCHOOL MONEYS BY THE SUPERVISORS, 
 AND OF SOME OF THEIR SPECIAL POWERS, DUTIES AND LIABILITIES 
 UNDEPv THIS ACT. 
 
 Section 1. The several supervisors continue vested Avith the 
 powers and charged Avith the duties formerly vested in and charged 
 upon the trustees of the gospel and school lots, and transferred to 
 and imposed tipon town superintendents of common schools by 
 chapter one hundred and eighty-six, of the Laws of one thousand 
 eiglit hundred and forty-six [Sec sec. 19 q/* title 3). 
 
 Town School Funda. 
 
 The act 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 townsMp. 
 
 The following is a list of the principal reservations of this nature, viz. : 
 
 One lot, of 550 acres, in eacli 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 G40 acres, 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 G40 acres each, in tlie townships along the St. Lawrence.
 
 DiSBURSEMEXT OF SciIOOL Moi<rETS. 65 
 
 In the towniiip of Plattsburgli 400 acres were reserved for the use of a 
 minister of the gospel, and 460 acres for the use of a public school or schools 
 in the said township. 
 
 In the township of Benson G40 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 sup- 
 port of the gospel in the original to-^\Tiships, as surveyed, in which such lota 
 shall be respectively situated, and for no other purpose ; which said application 
 shall be made either for schools or gospel, or both, and in such way and man- 
 ner as the freeholders and inhabitants of the towns, in which the same lands 
 shall lie, shall in legal town meeting from time to time direct, order and 
 apjxjint." 
 
 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 gospel and schools, and the 
 following provision was added : 
 
 "SI. Bs it enacted, etc.. That the moneys arising from the annual 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 organized in such township, and that the money 
 arising from the annual rents and profits of the several school lots shall bo 
 distributed 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 pro- 
 portion to the aggregate number of days which the scholars in each respective 
 school shall have respectively 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 he 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 [supervisor] for the time being to the sup- 
 port 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." 
 (SeiSJcre Laws of 1813, ^. 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 com- 
 missioners of public lots, and have not been applied and paid over to religious 
 societies, sliall be apportioned among the several school districts in the several 
 towns of the aforementioned counties [Onondaga, Cayuga and Seneca], any 
 thing in the acts heretofore passed to the contrary notwithstanding." 
 
 By section 1 of chapter 186, Laws of 1846, " the office of trustees of the gos- 
 pel 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 
 [supervisor]." 
 
 9
 
 66 Disbursement of School Moneys. 
 
 By the provisions of chapter 15, title 4, of part 1 of tlie Re\-itEd Statutes, tlie 
 trustees of tlic several gospel aud school lois [supervisor] were authorized and 
 required : 
 
 "1. To take and hold possession of the gospel and school lot of their town ; 
 
 " 2. To lease the same for such time, not exceeding twenty-one years, and 
 upon such conditions, as they shall deem expedient ; 
 
 " 3. To sell the same, with the ad\'ice 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 advantageous ; 
 
 " 4. To invest the proceeds of such sales in loans secured by bond and mort- 
 gage upon unincumbered real property of the value of double the amoimt 
 loaned ; 
 
 " 5. To purchase property so mortgaged upon a foreclosure, and to hold and 
 convey the property so purchased, whenever it shall become necessary ; 
 
 "G. 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 interest of the money 
 arising from the sale thereof, to the support of the gos]:)el 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 Tues 
 day next preceding the annual town meeting in each year, to the board of 
 auditors of the accounts of other to'vvii ofScers ; 
 
 " 9. To deliver over to their successors in office all books, papers and securi 
 ties 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 [supervisor] 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 toAvns, 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 [supervisor] of the town in which such 
 lands were included immediately before such division or alteration ; and the 
 proceeds 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. 
 
 " § G. 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 [superAisor] 
 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 shall not 
 have been chosen, or there bo none in office, the share of such town shall be 
 paid to the supervisor." 
 
 § 2. The several supervisors continue vested with the powers 
 and eharged with the duties conferred and imposed upon the com- 
 missioners of common schools by the act of eighteen hundred and 
 twenty-nine, entitled " An act relative to moneys in the hands of 
 overseers of the poor," 
 
 The act herein referred to is as follows ; the word " supervisor " being sub- 
 stituted in place of " town superintendent " wherever the latter is used : 
 
 1
 
 DiSBUKSEMENT OF SCHOOL MONETS. 67 
 
 * AN ACT 
 
 Relative to moneys in the hands of overseers of the poor. Passed April 21, 1829. 
 
 " § 1. It shall be lawful for the inhabitants of any town, in such counties as 
 have abolished the distinction lietween county and town paupers, and in such 
 counties as may hereafter abolish such distinction, at any annual or special 
 town meeting, to appropriate all or any part of the moneys and funds remain- 
 ing in the hands of the overseers of the jmor of such town, after such abolition, 
 to such oljjects and for such purposes as shall be determined at such meeting. 
 
 " i; 2. If any such meeting shall approjjriate any such mouey or funds for the 
 benefit of common schools in tlicir town, the money so appropriated shall bo 
 denominated ' the common school fund of such town,' and shall be under the 
 care and superintendence of the [supervisor] of said town. 
 
 "^ 3. If any such meeting shall appropriate such money or funds for the 
 benefit of common schools, after such appropriation shall have been made, and 
 after the [supervisors] shall have taken the oath of otiice, the overseers of the 
 poor of such towns shall then pay over and deliver to the said [super^isor] such 
 moneys, bonds, mortgages, notes and other securities remaining in their hands, 
 as such overseers of the poor, as will comi)ort with the appropriation made for 
 the benefit of common schools of their town. 
 
 " § 4. The said [supervisors] may sue for and collect, in their name of office, 
 the money due or to become 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 moneys, bonds, mortgages, notes arid other securities aforesaid 
 shall continue and be a permanent fund, to be denominated the common school 
 fimd 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 [supervisors], whenever the whole or any part of the princi- 
 pal 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 moneys so 
 loaned, exclusive of buildings or artificial erections thereon. 
 
 " 5^ 7. The said [supervisors] 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 [super\isors] shall retain the interest of said common school 
 fund, wliich shall ])e distributed and applied to the support of common schools 
 of such town, in like manner as the public money for the support of common 
 schools shall be distributed by law. 
 
 " J$ 9. The said [supervisors] shall account annually, in such manner and at 
 such times as town officers are required by law to account, and shall deliver to 
 their successors in office, all moneys, books, securities and papers whatsoever 
 relating to said fund, and shall take a receipt therefor, and file the same with 
 the town clerk." 
 
 § 3. A supervisor who shall embezzle or apply to his own private 
 nse any money or security received by him under any provisions 
 of this act, including the two preceding sections of this title, shall 
 be guilty of a misdemeanor, and any fine imposed upon a convic- 
 tion thereof shall be for the benefit of the common schools of the 
 town. {jSee sec. 22, of tide 3.)
 
 68 Disbursement op School Moneys. 
 
 § 4. On the first Tuesday of Marcli in each year, each supervi- 
 sor shall make a return in writing to the county treasurer for the 
 use of the school commissioners, showing tha amounts of school 
 moneys in his hands not paid out on the orders of trustees for 
 teachers' wages, nor drawn by them for library purposes, and the 
 districts to which they stand accredited (and if no such money 
 remain in his hands, he shall report that fact) ; and thereafter he 
 shall not pay out any of said moneys until he shall have received 
 the certificate of the next apportionment ; and the moneys so 
 returned by him shall be re-apportioned as hereinbefore directed. 
 
 § 5. Any supervisor who neglects to make the said return, or 
 shall make a false return, shall forfeit twenty-five dollars, to be 
 recovered by his successor in office, or, if he be re-elected, by the 
 county treasurer of the county in which the town lies, for the 
 benefit of the common schools of the county. {See sec. 22, of title 3.) 
 
 § 6. It is the duty of every supervisor : 
 
 1. To disburse the school moneys in his hands applicable to 
 teachers' wages, including the library moneys apportioned to the 
 district, if they do not exceed thi-ee dollars, and library moneys 
 made so applicable by the approbation of the State Superintend- 
 ent, upon, and only upon, the written orders of a sole trustee or of 
 a majority of the trustees in favor of qualified teachers, or upon 
 the order of the trustee of a separate neighborhood in favor of any 
 teacher of a school in an adjoining State, recognized by him and 
 .patronized by the inhabitants of such neigliborhood ; such teacher 
 shall be deemed a qualified teacher; 
 
 2. To disburse library moneys other than those above-mentioned, 
 upon, and only upon, the written orders of a sole trustee, or of a 
 majority of the trustees, certifying that they are for books actually 
 purchased or contracted for, or for maps, globes, blackboards, or 
 other apparatus for the use of the school, duly authorized by a 
 vote of the district to be purchased with such moneys, and naming 
 the books or the school apparatus, and the prices ; 
 
 3. In the case of a union iVec scliool district, to pay over all the 
 school money apportioned thereto, whether for the payment of 
 teachers' wages, or as library moneys, to the treasurer of such dis- 
 trict, upon the order of its board of education ; 
 
 4. To keep a just and true account of all the school moneys 
 received and disbursed by him during cacli year, and to lay the
 
 Disbursement of School Moneys, G9 
 
 same, with proper vouchers, before the board of town auditors at 
 each annual meeting thereof; 
 
 5. To have a bound blank book (tlie cost of which shall be a 
 town charge), and to enter therein all liis receipts and disburse- 
 ments of school moneys, specifying from wliom and for what pur- 
 poses they were received, and to Avhom and for what purposes 
 they were paid out ; and to deliver the book to his successor in 
 office ; 
 
 6. Within fifteen days after the termination of his office, to 
 make out a just and true account of all school moneys theretofore 
 received by him, and of all disbursements thereof, and to deliver 
 the same to the town clerk, to be filed and recorded, and to notify 
 his successor in office of such rendition and filing ; 
 
 7. So soon as the bond to the county treasurer, by the third 
 article of the third title of this act required, sliall have been given 
 by him and approved by the treasurer, to deliver to his predeces- 
 sor the treasurer's certificate of these facts, to procure from the 
 town clerk a copy of his predecessor's account, and to demand 
 and receive from him any and all school moneys remaining in his 
 hands ; 
 
 8. Upon receiving such a certificate from his siiccessor, and not 
 before, to pay to him all school moneys remaining in his hands, 
 and to forthwith file the certificate in the town clerk's office ; 
 
 9. By his name of office, when the duty is not elsewhere imposed 
 by law, to sue for and recover jDenalties and forfeitures imposed 
 for violations of this act, and for any default or omission of any 
 town officer or school district board or officer under this act; and, 
 after deducting liis costs and expenses, to report the balances to 
 the school commissioner; 
 
 10. To act, when thereto legally required, in the erection or 
 alteration of a school district, as in the sixth title of this act pro- 
 vided, and to perform any other duty which may be devolved 
 upon hi:n by this act, or any other act relating to common schools. 
 
 The law -which governed town superintendents, and now governs the super- 
 visors, in the disbursement of so much of the school moneys as is apportioned 
 for the payment of teachers' wages, requires tliem to pay it upon written 
 orders drawn upon them by a sole trustee or a majority of the trustees of each 
 district in favor of qualified teaxrhers. If the order is regular upon its face — • 
 that is to say, if it bears the signature of a majority of the persons acting in
 
 "70 DiSBTJRSEilENT OF SciIOOL MoNEYS. 
 
 fact as trustees of a district, under color of an election, in favor of a person 
 wliom it states to be a duly qualified teacher employed by them in the district 
 during the year in which it is drawn, and in payment of his wages as such 
 teacher — it is a sutBcient voucher for the supervisor, and it is not for him to 
 inquire whether the trustees have exceeded their authority or acted improperly 
 in drawing the order. If presented by any other person than the teacher in 
 whose favor it is drawn, it should bear his written indorsement or order for 
 payment to a specified person. 
 
 Library money may be paid to any person upon the written order of a 
 majority of the trustees. 
 
 The account to be kept under this section may be a simple cash account, in 
 wliich the supervisor, peiso/ialli/ and in his individual name, is charged with 
 all school moneys received by him and credited with each payment, specifying 
 the date, the person to whom and the account on which it was made. It would 
 conduce to accuracy and convenience, in passing his accounts before the board 
 of town auditors, to number each credit consecutively, and to affix the same 
 number to the order, receipt or other voucher to be produced in proof of pay- 
 ment and in support of such credit. This account should be kept in a bound 
 book, to be handed over to his successor in office, and a transcript of such 
 account to be drawn off, and, with the accom]ianying vouchers, be presented 
 to the board of town auditors for their examination. As that examination 
 may take place before the close of his official term, it would be well, upon its 
 completion, to have the town auditors enter upon the original account, in the 
 blank book, their certificate that they have examined such account up to and 
 including the last preceding entry (giving its date) and the vouchers therefor, 
 and have audited and allowed the same. 
 
 In addition to the cash account of the individual supervisor, a continuous 
 accomit is to be kept between each district and the supervisor, officially, with- 
 out break or change when a new incumbent succeeds to the office. 
 
 The board of town auditors is required by law to meet annually in each 
 town, at the place of holding the last town meeting, on the last Thursday 
 preceding the annual meeting of the board of supervisors of the county. 
 (Chapter 228 of 1844.) It consists, for the purpose of examining the super- 
 visor's accoiint, of the town clerk and justices, or any two of the justices, 
 of the peace. The supervisor, who is ordinarily a member, cannot, of 
 course, act in his own case. The account to be presented to them is to be 
 accompanied by an affidavit, attached to, and to be filed with, such account, 
 made by the person presenting or claiming the same, that the items of such 
 account are correct, and that the disbursements charged therein have been 
 in fact made. {Section 2, chapter 490 of 1847.) 
 
 The account to be rendered by the supervisor to his successor in office 
 includes as well that portion thereof which has been examined by the town 
 auditors as that which relates to his subsequent receipts and di.sbursement3. 
 Inasmuch as it is to be filed and recorded in the office of the town clerk, it 
 must, independent of and in addition to the original cash account, be entered 
 upon the blank book.
 
 Disbursement of School Moneys. 
 
 •71 
 
 Tlie object of an account book to be kept by the supervisor and to pass to bis 
 successors in office, is to enable the latter to ascertain at any future time the 
 state of the accounts of each district with any of their predecessors at any 
 given date. To effect this object it is essential that a separate account should 
 be kept with the trustees of each district and separate neighborhood, regard- 
 ing them as a perpetual cori)oration. It is in substance an accoimt between 
 the district and the town, which is not broken or affected by any change in the 
 officers of either. It may be in the following form ; 
 
 Trustees of District Xo. 2, tcith the Supervisor of Town of 
 
 Dk. 
 
 July 27th. To paid Miss Anna 
 Davis, teacher's wages, on 
 order of /. 1). and C. S., 
 trustees (voucher No. 12),.. 
 
 Sep. 3d. Paid Noah Parsons on 
 teacher's wages, on order of 
 J. D. and Z. J/., trustees 
 (voucher No. 33 >, 
 
 Sep. 2')th. Paid L. M. and P. 
 -S'., trnstees, library money 
 (voucher No. 46) 
 
 Oct. 22d. To copy Code of Pub- 
 lic Instruction, 
 
 $42 
 
 21 
 
 4 
 1 
 
 60 
 
 20 
 
 18 
 50 
 
 Cr. 
 
 1S5G 
 
 June 7th. By cash received from 
 late town supcrinteudt'nt 
 for teachers' wages, 
 
 $63 
 
 4 
 
 166 
 
 8 
 
 2 
 
 80 
 18 
 
 60 
 36 
 
 10 
 16 
 
 18.->7 
 
 April 2d. Cash of county treasu- 
 rer for teachers' wages, 
 
 Do. lor library, 
 
 May 12th. Cash of county treas- 
 urer on supplemental ap- 
 portionment for teachers' 
 
 wages, 
 
 Do. for libraiy, 
 
 
 The orders and other vouchers of the account of the supervisor going out of 
 office belong to him only in his official character, and should be delivered to 
 his successor, precisely as if he was vacating an official place of business iu 
 which such vouchers were by law required to be filed and kept. On turning 
 them over to his successor, the latter should give to his predecessor a receipt 
 which may be substantially in the following form : 
 
 Received of Jolin Doe, late supervisor of the town of " , dollars 
 
 and cents for balance of school moneys remaining in his hands. 
 
 Also, vouchors from Xo. to Xo. , both inclusive, in support of his 
 
 charges for disbursements, bearing the same numbers in his cash account, and 
 amounting in the aggregate to the sum of dollars and cents. 
 
 Also, one (or two or more, as the case may be) bound account book, and one 
 copy IIiiU's Treatise on Town Officers (or whatever other books, papers or other 
 property are in his custody as supervisor). Dated 
 
 R. ROE, Supervisor of 
 
 The account book should contain an inventory of all books or other property 
 which may from time to time come into the custody of the supervisor in the 
 discharge of his duties as a school officer.
 
 19 Duties of Town Clebk. 
 
 TITLE Y. 
 
 OF THE DUTIES OF THE TOWN CLERK UNDER THIS ACT. 
 
 Section 1. It shall be the duty of the town clerk of each town: 
 
 1. Carefully to keep all books, maps, papers and records of his 
 office touching common schools, and. forthwith to report to the 
 supervisor any loss of or injury to any of them which may happen ; 
 
 2. To receive from the supervisor the certificates of apportion- 
 ment of school moneys to the town, and to record them in a book 
 to be kept for that purpose {See sec. 30, of title 3) ; 
 
 3. Forthwith to notify the trustees of the several school 
 districts and separate neighborhoods of the filing of each such 
 cirtificate ; 
 
 4. To see that the trustees of the school districts and separate 
 neighborhoods make and deposit Avith him their annual reports 
 within the time prescribed by law, and to deliver them to the 
 school commissioner on demand [See sec. 60, of title V) ; and to 
 furnish the school commissioner of the school commissioner dis- 
 trict, in which his town is situated, the names and post-office 
 address to the school district officers reported to him by the dis- 
 trict clerks {See sub. 5, of sec. 37, of title 1) ; 
 
 5. To distribute to the trustees of the school districts and 
 separate neighborhoods all blanks and circulars which shall be 
 delivered or forwarded to him by the State Superintendent or 
 school commissioner for that purpose ; 
 
 6. To receive from the supervisor, and record in a book kept for 
 that purpose, the annual account of the receipts and disbursements 
 of school moneys required to be submitted to the town auditors, 
 together Avith the action of the town auditors thereon, and to send 
 a copy of the account and of the action thereon, by mail, to the 
 Superintendent of Public Instruction, whenever required by him, 
 and to file and preserve tlie vouchers accompanying the account 
 {See sub. 5, of sec. 6, of title 4) ; 
 
 7. To receive and to record, in the same book, the supervisor's 
 final account of tlie school moneys received and disbursed by him, 
 and deliver a copy thereof to such supervisor's successor in office 
 {See si(b. 6, of sec. G, of title 4) ; 
 
 8. To receive from the outgoing supervisor, and file and record 
 in the same book, the county treasurer's certilicate that his sue-
 
 Duties of Iown Clerk. V3 
 
 cesser's bond has been given and approved {See sicb. 8, of sec. 6, 
 of title 4) ; 
 
 9. To receive, file and record the descriptions of the school dis- 
 tricts and neighborhoods, and all papers and proceedings delivered 
 to him by the school commissioner jjursuant to the next title of 
 this act ; 
 
 10. To act, when thereto legally required, in the erection or 
 alteration of a school district, as in the next title of this act pro- 
 vided {See sub. 4, of sec. 1, of title 6) ; 
 
 11. To receive and preserve the books, papers and records of 
 any dissolved school district, which shall be ordered, as herein- 
 after provided, to be deposited in his office ; 
 
 12. To perform any other duty which may be devolved upon 
 him by this act, or by any other act toucliing common schools. 
 
 § 2. The necessary expenses and disbursements of the town 
 clerk, in the performance of said duties, are a town charge, and 
 shall be audited and paid as such. 
 
 The duties imposed upon town clerks are important, and upon their prompt 
 performance depends, in a great degree, the efficiency of the school system. 
 
 The maps, papers, books and records relating to schools and the school dis- 
 tricts should be carefully kept and preserved ; and, in order to do this, all papers 
 should be properly folded and filed, and tied in convenient packages. When 
 any paper is received which is by law required to be recorded in a book, the 
 recording should not be postponed, but should be done immediately, and the 
 paper immediately indorsed, filed and laid away safely in its appropriate 
 place. 
 
 He is required to report to the supervisor any loss or injury of the papers 
 and records in his charge, in order that losses may be replaced and inj uries 
 repaired. 
 
 It is presumed that the provisions of the first three subdivisions are very 
 generally and faithfully observed. 
 
 Section 60 of title 7 requires the trustees to deposit their annual reports 
 with the town clerk, between the first and second Tuesdays of October in each 
 year. They should be made by the outgoing trustee as soon as September 30, 
 and deposited with the town clerk previous to the annual school meeting. If 
 this is not done, the town clerk should, by letter, admonish the trustees of 
 their duty, and obtain from them the reports without delay. 
 
 The town clerk should examine every report as soon as it comes into his 
 hands, and if possible in the presence of the trustee delivering it, in order that 
 any mistakes may be detected and corrected at once, or that the trustee may 
 retain it for correction. If, however, necessity requires the report to be returned 
 to the trustees, all mistakes and errors should bo pointed out, and particular 
 10
 
 74 Duties of Town Clerk. 
 
 instructions given as to tlie manner of correcting eacli, and a day sliould be 
 appointed for tlie return of the report to the town clerk. 
 
 On the blanks for reports will be found a blank certificate of filing, which 
 should be filled and signed at the date of filing.' 
 
 The attention of town clerks is particularly called to the importance of 
 collecting and correcting the reports of trustees within the time limited by 
 the law. It will be remembered that from these reports the school commis- 
 sioner must, without delay, make his own report to the Superintendent, 
 embracing therein every one of them. From the reports of the commissioners 
 the Superintendent must collate, arrange and digest all the facts, and present 
 the results to the Governor at a day so early that he may be able to weigh 
 them carefully, and incorporate a statement thereof, with such recommenda- 
 tions as he may deem proper, in his annual message to the Legislature. The 
 Superintendent must also have ample time to prepare his own rejoort to the 
 Legislature, with all the accompanying tables, and carefully to prepare the 
 items upon which he must make the annual apportionment of school moneys. 
 
 The town clerk should obtain a report from the trustees of every district, 
 even though a district school, taught by a duly qualified teacher, may not 
 have been maintained during the time required by law, or even for a single 
 day. The school commissioner should be made acquainted with all the facts. 
 
 It is suggested that the clerk should have a safe place in which to deposit 
 the reports, and that each should be filed and deposited therein at the moment 
 of its acceptance at his oflBce. 
 
 Subdivision 5 of section 37 of title 7 requires that each district clerk shall 
 " report to the town clerk of the town in which the school-house of his district 
 is situated, the names and post-office address " of all district officers. By sub- 
 di^^sion 4 of the first section of title 5, each town clerk is required to furnish 
 the school commissioner vnth. a like list of the school officers for every district 
 in his town. It is hoped that the importance of this requirement is fully 
 appreciated, and that the duties enjoined are faithfully and punctually per- 
 formed. 
 
 Subdivision 5 relates to the distribution of blanks, circulars and other school 
 documents by town clerks. Section 2 provides that " the necessary expenses 
 and disbursements of the tovvn clerk, in the performance of said duties, are a 
 town charge, and shall be audited and paid as such." In view of this last pro- 
 vision, it is earnestly requested that, on the receipt of any blanks, circulars or 
 other school documents, forwarded to town clerks, they will immediately 
 deliver them, or cause them to be delivered, to the trustees of the respective 
 districts. 
 
 In every case where any order annulling or dissolving any school district, or 
 altering its boundaries or changing its number, is received, such order should 
 be promptly recorded in full among the pennanent records of the town. 
 
 It is believed that town clerks are, in some instances, negligent in the per- 
 formance of the duties enjoined by subdivisions 6, 7, 8 and 9 of section 1 of 
 title 5, so far as relates to the record which they are required to make. These 
 duties are important; and no matter of record should be delayed /or a single
 
 Formation", etc., of School Districts. ^5 
 
 day. This neglect gives rise to numerous appeals to the department, and 
 much vexatious litigation in the courts, causing great expense to the people, 
 and seriously disturbing the peace, and in many cases ruining for years the 
 schools of the districts afl'ected thereby. In view of these consequences the 
 necessity of attending Avith promptness to all matters of permanent record 
 cannot be too strongly urged upon town clerks. 
 
 TITLE VI. 
 
 OF THE FORMATION", DISSOLUTION AND ALTERATION" OF SCHOOL 
 DISTRICTS AND SEPARATE NEIGHBORHOODS. 
 
 Section 1. It shall be tlie duty of each school commissioner, in 
 respect to the territory within his district : 
 
 1. To divide it, so far as practicable, into a convenient number 
 of school districts, and alter the same as herein provided ; 
 
 2. In conjunction with the commissioner or commissioners of 
 an adjoining school commissioner district or districts, to set off 
 joint districts composed of adjoining parts of their respective 
 districts ; 
 
 3. To set off by itself any neighborhood adjoining any other 
 State of the Union, where it shall be found most convenient for 
 the inhabitants to send their children to a school in such adjoining 
 State ; 
 
 4. To describe and number the school districts, and joint dis- 
 tricts, and to deliver, in writing, to the town clerk, the description 
 and number of each district lying in whole or in part in his town, 
 together with all notices, consents and proceedings relating to tlie 
 formation or alteration thereof, immediately after such formation 
 or alteration. Every joint district shall bear the same number in 
 every schooj commissioner district of whose territory it is in part 
 composed ; 
 
 5. To deliver to the town clerk of the town in which it lies, in 
 whole or in part, a description of each such sejjarate neighbor- 
 hood. 
 
 This section, so far as it concerns the formation and alteration of districts, 
 relates only to such districts as are formed of territory lying wholly witliin the 
 jurisdiction of the school commissioner acting under it, and the formation or 
 alteration of which, moreover, does not affect any other district which is wholly 
 or partly in the commissioner district or section of another school commissioner.
 
 •7,6 Formation, etc., of School Districts. 
 
 If the district to be formed, altered or regulated includes a part of a town under 
 the jurisdiction of ajiother commissioner, or involves the division of a joint 
 district, any part of which lies within such other jurisdiction, it is necessary 
 that all the school commissioners should unite as a board in making the order 
 for such alteration. 
 
 Tlie case is now exceedingly rare in which a new district can be formed, or 
 any district be altered, without its necessarily involving an alteration of some 
 other district, and thus rendering it necessary to procure the assent of trus- 
 tees, or to suspend the operation of the order, as provided in section 3 of this 
 title. 
 
 Where, in pursuance of the provisions of subdi\'ision 1, of section 13, title 3 
 of this act, it becomes the duty of the commissioner to cause an amended record 
 of the boundaries of a school district to be made, he should establish the dis- 
 trict lines as they were before, according to the best evidence he can obtain, 
 and his order in the matter will not be considered as an alteration of the dis- 
 trict boundaries. His order should recite the fact that no alteration of district- 
 boimdaries is intended to be made, but that a defective record is to be amended, 
 under the provisions of the section and title above quoted. This order should 
 be filed in the town clerk's office, and notice thereof should be given by the 
 commissioner to the trustees of the affected district. The previous consent of 
 trustees is not necessary. 
 
 It is of extreme importance that the description of a district should be so 
 complete and definite that a surveyor, at any futiu'o day, may be able to run its 
 boundaries without reference to any other document than the order forming, 
 altering or describing it. For this purpose the exterior lines should be defined 
 by reference to natural monuments, marked trees, creeks, etc., or to township 
 lines of historical notoriety, such as the Hires of the great original subdivisions 
 into lots, or the course of highways. Where these fail, the courses and dis- 
 tances as ascertained by the compass and chain should be given. The practice 
 of stating the boundary a3 that of " the faym now in the occupation of C. D.," 
 or by means of similar designations, frequently renders it very difficult to 
 ascertain them, as the occupation of land is continually shifting. In Grey v. 
 Sheldon, 8th Verm. R., 403, a resolution "to set ofl" Isaac Grey, Jr., to school 
 district No. 3," was held void on the ground that school districts should be 
 defined by geograpliical limits, and be made to consist of ttrrit^ry and not of 
 persons. 
 
 The form of an order forming or altering a district may be as follows : 
 
 In the matter of tho formation of District No. , in the 
 
 town of , county of , and the consequent alteration 
 
 of Districts No. in said town, and No- in the 
 
 town of 
 
 It is hereby ordered, by the undersigned school commissioner for Commis- 
 
 Bioner District No. 3, of tho county of , that a new school district be formed, 
 
 to consist of part of District No. , in the town of M., and part of District 
 
 No. , in the town of P., which new district is hereby numbered [23], and ia
 
 Formation', etc., of School Districts. 77 
 
 bounded as follows : Beginning on tlie east bank of Allen's creek, at the point 
 where the same is intersected by the north line of the highway leading from 
 Brighton to Pittsford ; thence northeasterly along said creek to its j unction 
 with Irondequoit creek ; thence southeasterly along Irondequoit creek to the 
 west line of the town of Brighton ; thence south along the boundary line 
 between the towns of Brighton and Penfield to the north line of Pittsford ; 
 thence west on said north line to the State road ; thence north along the State 
 road to its intersection with the higliway first above mentioned ; thence north- 
 westerly along said highway to the place of beginning. 
 
 During the year 1867 the school commissioners, by direction of the depart- 
 ment, examined into the numbering of all the school districts in the State. 
 Mistakes were corrected, and every district in each towTi numbered in consecu- 
 tive order from number one to the highest number in the town. Care was taken 
 that a district lying partly in two or more towns should have but one and the 
 same number in the several towns. Previously some districts had two or more 
 numbers ; a district lying in two or more towns had a different number in each 
 town ; and in some cases two districts had the same number. The result was 
 confusion and error in the reports, and in the apportionment of money. The 
 records in the department show the number and the geographical position of 
 every district in the State. Hereafter the commissioners will promptly com- 
 municate to the department every alteration of districts, whereby a new district 
 is formed, or two or more are consolidated, or one is dissolved and its territory 
 annexed to other districts ; and also what new number is given to any new, or 
 consolidated district, and what changes have been made in the numbers in any 
 town — and thus one principal and fruitful source of error and confusion will be 
 closed. 
 
 The manner in wliich the joint districts were ascertained and renumbered will 
 be seen in the following extract from a circular to school commissioners, issued 
 in 18G6. This extract is inserted here in order to preserve in a pennanent form 
 the " instructions " then given, and as an example and guide for the future, 
 should it ever be necessary to review the whole, or any part of the work. 
 
 The various kinds of joint districts which may exist are shown in the accom- 
 panying diagram. 
 
 In the diagram the heavy continuous lines represent boundary lines bet^eeii 
 different counties ; the light continwus lines, boundary lines between commis. 
 sioner districts in the same county ; the coarsely broken lines, boundary lines 
 between towns lying in the same commissioner district ; the dot/ed Uws, bounda;. 
 riesof school districts. Portions of school district boundaries are also, in some 
 cases, represented by the other kinds of lines. In all cases where a school 
 district extends across the boundary line l)etwcen two towns, that fact is shown 
 by a short, straiglit line jilaced on such town boundary line at right angles 
 with it. In case of a joint district, two such lines are so placed on every 
 tov.'n boundary line which separates different portions of the district. 
 
 We vnW, for convenience, assume, arbitrarily, names for the different portions? 
 of territory represented by the diagram.
 
 78. Formation-, etc., of School Districts. 
 
 Let A B C D represent a portion of Lincoln county, 
 A D G H " " Grant 
 
 D G L K " " Sherman " 
 
 and C D K " " Slicridan " 
 
 Let A D E F represent a portion of Lincoln county, lying in the first com- 
 missioner district, and B C E F a portion lying in the second commissioner 
 district. Let D E N K represent a portion of Sheridan county lying in the 
 first commissioner district, and C E N a portion lying in the second com- 
 missioner district.^ 
 
 Let D G R P represent the town of Homer, 
 D G L.K " " Virgil, 
 
 D P T S " " Shakespeare, 
 
 E S T U " " Milton, 
 
 C E U V " " Byron, 
 
 D K W S " " Bryant, 
 
 E N W S " " Longfellow, 
 
 and C E N " " Whittier. 
 
 The small square, placed within the hounds of each district, represerrts the 
 location of the school-house ; and the number placed near it is the number 
 by which the district is now" known in that town. In some cases, where the 
 district lies partly in two or more towns, there is a number standing in the 
 part in each town, showing by what number the district is known in each, 
 town. Those numbers are not, in all the instances, the same for all tlie parts of 
 the same district. 
 
 Defikition. — A joint school district is a school district which lies parilij in two 
 or more counties. 
 
 Remark 1. Though a school district lie partly in two or more towns, or two 
 or more commissioner districts, still it is not a joint district unless it lie partly 
 in two or more counties. 
 
 Remark 2. Every district which is not joint is to be reported as a v:hole. For 
 each such district only one annual report is to be made each year by the trus- 
 tees. Such report must always be made to the school commissioner in whose 
 commissioner district the school-house is situated, and must be deposited witli 
 the town clerk of the town in which the school-house is situated. 
 
 Remark 3. Joint school districts are numbered in two or more towne, in order 
 that those school commissioners who make the annual apportionment of school 
 moneys may receive, from the trustees, reports embracing the facts which form 
 the bases on wliich such apportionment is made. 
 
 The trustee3 of every joint district must make an annual report to the com- 
 missioner in whose commissioner district the school-house stands, cmbrncing the 
 finances of the entire district and also the statistics for all that part of the district 
 lying in the county in which the school-house is situated. This report must be depos- 
 ited by the trustees with the town clerk of the town in which the school- 
 house is located. They must also make out a statistical report for every part of 
 the district which lies in any t'ovjn in any county other than the one in lohich the school-
 
 Formation, etc., of School Districts. 79 
 
 house stands, and deposit it -n-itli tlie town clerk of the town in wliicb sucli part 
 of the district lies, for the commissioner in whoso commissioner district such, 
 town is situated. 
 
 Now, what district numbers, in the diagram, shall be dropped as useless? 
 "What numbers shall be changed ? And how shall they be changed ? 
 
 You should strictly observe the following simple 
 
 PRINCIPLES. 
 
 1. Every school district which is not a joint district must be numbered only 
 in the town in which the school-house is located. 
 
 2. "Eyery joint school district must be nimibered, in the county in which the 
 school-house is located, in that town only in wliich the school-house is located. 
 It must be numbered, also, in every ioion, in any other county, in ichich any part of 
 it lies. 
 
 3. Yixerx joint school district must have the same number in every town where it 
 is numbered. 
 
 INFERENCE. — The highest number to be given to any district in any town, 
 ■will be equal to the number of districts and (parts of) joint districts which are 
 to be numbered in that town. 
 
 Special Rem.vrk. — Joint districts should not be designated by the largest 
 district numbers for the town, but, on the contrary, with the smaller numbers 
 in cases where this can be done without unnecessary inconvenience, for the 
 evident reason that, in case any commissioner should subsequently annul a 
 district, or consolidate two or more districts, thus leaving a break in the district 
 numbers, he could not take the district having the highest number in that 
 town, and change its number so as to fill the break or vacancy, if it were a joint 
 district, without the consent of the other commissioners. Should the other 
 commissioner consent, he would thus place himself under the necessity of 
 changing the number of still another district in his town. This difSculty can- 
 not arise if the higher numbers are not assigned to joint districts. 
 
 homer, ln grant county. 
 
 We will first examine the town of Plomer, in connection with the towns of 
 Shakespeare in Lincoln county, Bryant in Sheridan county, and Virgil in Sher- 
 man county, with which it stands associated. 
 
 In the south-east corner of Homer is a part of a joint district. The district 
 lies partly in four towns which are in foxir counties. Hence the district must 
 be numbered in each town. The number must be the same for all the towns. 
 There are not less than 13 districts and parts of joint districts, which are to 
 have numbers, in any one of the four towns. Hence the number to be assigned 
 to this district viay be any number not exceeding 13. The district is now numbered 
 4 in the town of Virgil, in which the school-house stands ; and since neither 
 Virgil nor Homer has any other nvimber 4, we will assign 4 as its number in 
 all of the towns, and drop the numbers 5 in Shakespeare, G in Homer and 7 in 
 Bryant. (See third principle.)
 
 80 Formation, etc., op School Districts. 
 
 In the nortli-west corner of Shakespeare is a joint district lying partly in 
 Homer. It is numbered 9 in Shakespeare, and 6 in Homer. The district must 
 have the same number in both towns, since the towns lie in different counties. 
 (See third principle.) 
 
 There is no other number 9 in Shakespeare, and there are more than 9 
 districts and parts of joint districts, to be numbered, in either town, therefore 
 •we will call this district number 9 in botli towns. 
 
 In the south-west corner of Homer is a joint district numbered 15 in Homer 
 and 17 in Virgil. There are not as many as 15 districts and parts of joint 
 districts to be numbered in Homer. Hence, in accordance with the in/erence 
 Tinder the third principle, we will drop both these numbers, 15 and 17, and 
 give the district a new number. 
 
 There are only 13 districts and parts of joint districts, which are to be num- 
 bered, in the town of Homer, and the same number in Virgil ; hence, the 
 number to be assigned to tliis district must not exceed 12, according to said 
 " inference." Since we have already changed joint district number 5, in the 
 Bouth-east corner of Homer, to number 4, there is no number 5 remaining in 
 Homer. We will therefore call this joint district, now numbered 15 in Homer 
 and 17 in Virgil, number 5 in both towns. (Principle 3.) 
 
 Number 10 in Homer is joint, and bears the same number in Virgil. There 
 is no other number 10 in Homer, hence we will retain this as its number in 
 both towns. 
 
 Number 7 in Homer is joint, and bears the same number in both Homer 
 and Shakespeare. There is no other number 7 in either town, and there aro 
 more than 7 districts and parts of joint districts to be numbered in either town. 
 Hence we will retain 7 as the number of this district in both towns. 
 
 We will now arrange, according to magnitude, the old district numbers in 
 the town of Homer, placing them on a horizontal line. Remembering tliat the 
 numbers are, after change, to be consecutive, commencing witli 1 and continu- 
 ing witliout break or duplication, and that we are to have only 12 numbers, wo 
 will proceed to change these old numbers and write the new niimbers, for 
 which they are changed, under them, tespectivebj, on a second horizontal line. 
 On a third line we will write the new numbers, which we place on the second 
 line, arranged according to magnitude, designating the joint districts by "jt." 
 
 Old Nos., 1, 2, 3, 5 jt., 6 jt., 7 jt., 9, 10 jt., 11, 12, 13, 15 jt. 
 
 New Nos.,. ... 1, 2, 3, 4 jt., 9 jt., 7 jt., 8, 10 jt., 11, 13, G, 5 jt. 
 
 Re-arranged, . 1, 2, 3, 4 jt., 5 jt., G, 7 jt., 8, 9 jt., 10 jt., 11, 12. 
 
 VIRGIL, IN SHERMAN COUNTY. 
 
 The parts of joint dlMn'ds in this town have all been considered, except No. 3, 
 which lies partly in the town of Bryant, Sheridan county. Tliere being no 
 other No. 3 in Virgil, we will assign 3 as the number of this district, in both 
 Baid.. towns. 
 
 Wc will arrange the old numbers on a horizontal line, and tlic new num- 
 bers, for which they aro changed, under them, rcspedivchj , on a second lino ;
 
 Formation, etc., of School Districts. 81 
 
 ami, ou a third line, tlie new numbers, rc-arranged according to magnitude, aa 
 in case of Homer : 
 
 Old Nos., 1, 3, 3 jt., 4 jt., 5, 6, 7, 8, 10, 10 jt., 13, 17 jt. 
 
 New Nos., 1, 3, 3 jt., 4 jt., 9, 6, 7, 8, 11, 10 jt., 13, 5 jt. 
 
 Ke-arranged 1, 3, 3 jt., 4 jt., 5 jt., 6, 7, 8, 9, 10 jt., 11, 13. 
 
 No. 17 joint was changed to 5 joint since we had already assigned 5 aa 
 the district number to this district in Homer, and, by the third principle, the 
 district must have the same number in both towns. 
 
 SHAKESPEAKE, IN LINCOLN COUNTY. 
 
 There are two districts lying partly in the northern part of Shakespeare, 
 and partly in another town north of it ; also a district in the north-east corner, 
 lying partly in Shakespeare and Milton, and partly in the two towns north of 
 them ; also in tlie eastern part, a district numbered 5, lying partly in Shake- 
 speare and partly in Milton. All these towns lie in the same county ; hence 
 no one of these districts is joirit, and, consequently, according to the fiirst prin- 
 ciple, each must be numbered 07ily in the town where its school-house ia 
 located. None of them will be numbered in Shakespeare. No. 4, in the 
 eastern part of the town, is not a joint district, and hence will be nimibered in 
 Shakespeare only, since the school-house stands in that town. 
 
 No. 5, in the south-east corner, is joint. The financial report of the entire 
 district will be filed in the office of the town clerk of Shakespeare, for the 
 school commissioner of the first commissioner district of Lincoln county. All 
 that part of the district which lies in Lincoln coimty, though situated partly 
 in two towns, must be reported statistically in one report, and the report must be 
 deposited with the town clerk of Shakespeare, since the school-house stands in 
 that town. Hence it will be re-numbered in Shakespeare, but not in Milton. 
 It must be numbered also in Bryant, and in the town of Longfellow, in Sheri- 
 dan county, since a statistical report for the part lying in each of said two 
 towns must be deposited with the clerk of the town in which such part lies, for 
 the commissioner of the first commissioner district of Sheridan coimty. There 
 being now no other No. 5 in Shakespeare, and the school-house standing in 
 that town, we will call the district No. 5 in each of the three towns named. 
 
 No. 3, in the soiithern part of the town, is & joint district. 
 
 Wo ^vill now arrange, change, and then re-arrange the district nmnbers, as 
 in case of Homer and Virgil. 
 
 Old Nos., ... 1, 3 jt., 3, 4, 5, 5 jt., 6 jt., 7 jt., 8, 9 jt., 10, 13, 14, 15, 18. 
 New Nos., . . 1, 3 jt., 3, 6, 0, 5 jt., 4 jt., 7 jt., 8, 9 jt., 10, 13, 14, 13, 11. 
 Re-arranged, 1, 3 jt., 3, 4 jt., 5 jt., 6, 7 jt., 8, 9 jt., 10, 11, 13, 13, 14. 
 
 BRYANT, IN SHERIDAN COUNTY. 
 
 No. 14, in the eastern part of this town, lies partly in the town of Longfellow, 
 and is not joint. The 14 should be dropped (according to the first princijile), 
 and the district numbered oJily in the town of Longfellow, in which the school- 
 house stands. 
 
 11
 
 82 FOEMATION, ETC., OF SciIOOL DISTRICTS. 
 
 Old Nos., l,3jt., 3, 3jt., 4, 4jt., 5, 7, 7jt., 8, 9,11,12,14. 
 
 New Nos., 1, 2jt, 6, 3jt, 7, 5 jt., 10, 13, 4 jt., 8, 9,11,12, 0. 
 
 Ee-arranged, 1, 2 jt., 3 jt., 4 jt., 5 jt., 6, 7, 8, 9, 10, 11, 12, 13. 
 
 MILTOX, IX LINCOLN COUNTY. 
 
 No. 9, in tlie eastern part of tliis town, lies partly in Milton and partly in 
 Byron. Both towns being in Lincoln county, the district is not joint. It sliotdd 
 be numbered in Milton only. The 9 applied to it in Byron should be dropped. 
 No. 6, in the southern part of this town, is joint, and shoiild have the same 
 number in both Milton and Longfellow. 
 
 No. 3, in the south-east part of the town, is joint, l\ing partly in each of the 
 towns of Milton and Byron, in Lincoln county, and partly in each of the towns 
 of Longfellow and Whittier, in Sheridan county. According to the second prin- 
 ciple, this district should not be numbered in Byron, but the 3 in that town 
 should be dropped. 
 
 The financial report for the entire district, and the statistical report for that 
 fart of the district lying in Lincoln county, must be made to the commissioner 
 of the first commissioner district of Lincoln coimty, and deposited with the 
 town clerk of Milton, since the school-house is in Lincoln county, in the town 
 of Milton, in the first commissioner district. The district must be numbered 
 also, according to the second principle, in Sheridan county, in each of the towns 
 of Longfellow and Whittier. A statistical report of that part of the district lying 
 in Longfellow must be made to the commissioner of the first commissionei 
 district of Sheridan county, and deposited with the town clerk of Longfellow, 
 and a statistical report of that part lying in Whittier must be made to the 
 commissioner of the second commissioner district of Sheridan coimty, and 
 deposited with the town clerk of Whittier. There is no other No. 3 in Milton, 
 and the school-house being in that town, we will assign 3 as the number of 
 this district in each of the three towns. 
 
 Old Nos., 1, 2, 3 jt., 4, 5 in S. part, 5 in W. part, 6 jt., 8, 9, 10, 12, 14. 
 
 New Nos., 1,2,3 jt., 4, 5, 7, 6 jt., 8, 9, 10, 12, 11. 
 
 Re-arranged, 1, 2, 3 jt., 4, 5, 6 jt., 7, 8, 9, 10, 11, 13. 
 
 LONGFELLOW, IN SHERIDAN COUNTY. 
 
 District No. 6, in the town of Whittier, lies partly in Longfellow, but, not 
 being a joint district, must not be numbered in Longfellow. (See first principle.) 
 Old Nos., 1,2,3, 4jt., 5, 5jt., G, 6jt.,7, 8, 9inW.pt., 9 in S.W\ pt. 12. 
 NewNos.^1,3,4, 5jt.,10, 3 jt., 11, 6jt., 7, 8, 9, 13, 0. 
 
 lie-arr'd,.. l,2,3,jt.,4 5 jt., G jt., 7, 8, 9,10,11, . 12. 
 
 BYRON, IN LINCOLN COUNTY. 
 
 District No. 14, lying partly in this town, and partly in Whittier, in Sheridan 
 county, is joint, according to the second principle, and should be numbered in 
 both towns. 
 
 Old Nos.,. ... 1, 2, 3 jt., 4, G, 8, 9 in S. part, 9 in W. part, 11, 12, 14 jt., 16. 
 New Nos.,... 1,2, 0, 4, G, 8,9, 10, 7, 5 jt., 3 
 
 He-arranged, 1, 2, 3, 4, 5 jt., 6, 7, 8, 9, 10.
 
 Formation, etc., of School Districts. 83 
 
 ■whittier, m sheridan county. 
 
 OldNos., 1,2,3, 4, 5, 5 jt., 6, 7, 9, 11, 14 jt. 
 
 NewNos., 1,2,8, 4,10, 3 jt., 6, 7, 9, 11, 5 jt. 
 
 lle-arrangcd, 1, 2, 3 jt., 4, 5 jt., G, 7, 8, 9, 10, 11. 
 
 The orders changing the district numbers may be in the following forms : 
 
 FOR districts NOT JOINT. 
 
 It is hereby ordered by , school commissioner of tlic first 
 
 commissioner district of Lincoln county, that the school district in the town 
 of Shakespeare heretofore known as District Xo. 4, of said town (also com. 
 monly known as the " Hill District "), shall be hereafter known and designated 
 as District No. 6 of said town of Shakespeare. 
 
 Dated August 13, 186G. 
 
 School Commissioner, First District, Lincoln County. 
 
 FOR JOINT DISTRICTS. 
 
 It is hereby ordered by , school commissioner of the second 
 
 commissioner district of Lincoln county, and , school commis- 
 
 sioner of the second commissioner district of Sheridan county, that the joint 
 school district lying partly in each of the towns, Byron, in Lincoln county, 
 and Whittier, in Sheridan county (the school-house of which is situated in said 
 town of Byron), and heretofore know-n as School District No. 14, in each of 
 said towns (also commonly known as the " Valley District "), shall hereafter 
 be known and designated as Joint School District No. 5, in each of said town 
 of Byron and Whittier. 
 
 Dated August 13, 1866. 
 
 School Commissioner, Second District, Lincoln County. 
 School Commissioner, Second District, Sheridan County. 
 
 Do not fail in any instance to serve a copy of the order on the district clerk, 
 with a written request that he record the same in the district book, and also 
 give public notice thereof to the inhabitants at the first annual or special 
 district meeting held thereafter. Deposit the original order with the town 
 clerk of the town in ■which the school-house is situated, and also a copy with 
 the town clerk of every other town in which any part of the district lies, 
 with the written request, in each case, that the order be copied into the town 
 rccortls. 
 
 § 2. Willi the written consent of the trustees of all the districts 
 to be affected thereby, he may, by order, alter any school district 
 Avithiii liis jurisdiction, and fi.v, by said order, a day when the alter- 
 ation shall take effect.
 
 84 Formation-, etc., of School Disteicts. 
 
 In case tlie order is made witli tlie consent of tlie trustees of the districta 
 affected thereby, or of any such districts, the evidence of such consent should 
 be annexed to the order in substantially the following form : 
 
 At a meeting of the trustees of district No. , in the town of , 
 
 county of , called for the purpose of considering certain proposed 
 
 alterations thereof, held on the day, of , at which were present 
 
 J. D. and R. S., and in the absence of P. T., a trustee, who, having been duly 
 notified of such meeting, failed to attend, it was 
 
 Resolved, That the consent of the trustees of district No. , in the town 
 
 of , be and hereby is given to the alteration of said district by an 
 
 order bearing date , made by , school commissioner for 
 
 the Commissioner district (or section) of county (or that said 
 
 district be so altered as to be hereafter boimded as follows, describing the 
 new boundaries fully). 
 
 In witness whereof the undersigned, a majority of the said trustees, hs,ve 
 hereunto subscribed our hands this day of 
 
 J- D., ) ^ 
 
 > Trustees. 
 K. S. 3 
 
 The consent of the trustees must be absolute, not conditional. 
 
 § 3. If the trustees of any such district refuse to consent, he may 
 make and file with the town clerk his order making the alteration, 
 but reciting the refusal, and directing that the order shall not take 
 eiFect, as to the dissenting district or districts, until a day therein 
 to be named, and not less than three months after the notice in 
 the next section mentioned. 
 
 In case a majority of the trustees of any district affected by the order refuse 
 their consent, the order shoxild recite that fact, and that it will not take effect 
 until after three months' notice, in writing, to some one or more of such 
 trustees, as follows : 
 
 " The trustees of district No. not having consented to this order, the 
 
 same will not take effect, in respect to such last mentioned district, until after three 
 months' notice, in writing, shall be giv"cn to some one or more of such 
 trustees." 
 
 § 4. Within ten days after making and filing such order, he 
 shall give at least a week's notice, in writing, to one or more of 
 the assenting and dissenting trustees of any district or districts to 
 be afiected by the proposed alterations, that at a specified time and 
 at a named place within the town in Avhich either of the districts 
 to be aiFected lies, he will hear the objections to the alteration. 
 The trustees of any district to be affected by such order may
 
 Formation", etc., of School Disteicts. 85 
 
 request the supervisoi* and tcv^-n clerk of the town or towns within 
 which sucli district or districts shall wholly or partly lie, to be 
 associated with the commissioner. At the time and place men- 
 tioned in the notice, the commissioner or tlie commissioners, with 
 the supervisors and town clerks, if they shall attend and act, shall 
 hear and decide the matter ; and the decision shall be final, unless 
 duly appealed from. Such decision must either confirm or vacate 
 the order of the commissioner, and must be filed with and recorded 
 by the town clerk of the town or towns in which the district or 
 districts aflected shall lie. 
 
 A written admission of tlie service of sucli notice, signed by tlie tnistec or 
 trustees on whom it is made, or an affida\it of the service by the person serving 
 the notice, should be annexed to the original order, and filed vpith it in the 
 town clerk's office, so that the entire history of the transaction and the date at 
 which the order took effect may be ascertained at any subsequent time without 
 inquiry elsewhere or the examination of other documents. 
 
 All orders making alterations in joint districts must be put on record in all 
 the towns of which such districts constitute a part, even though such alterations 
 do not directly affect persons residing in all the towns in which they are 
 recorded : " Thus, although no inhabitant of Tyrone was taken from (joint) 
 District No. 6 to form No. 8, the order, signed by the commissioners of both 
 towns, should have been recorded in Tyrone, because No. 6 lies partly in that 
 town. It is clear that unless such records are made, the commissioners of one 
 town can never know the boundaries of a joint district -svithout resorting to 
 records in another town, over which they have no control." {Per Bix, Supt. 
 Com. Schools, Dec, p. 175.) 
 
 This section was originally section 3, chapter 133 of 1843, and was then first 
 enacted upon the substitution of a to«Ti superintendent in the place of the 
 former town board of commissioners of common schools. In so important a 
 matter as the alteration of a school district, the Legislature deemed it right 
 that the districts to be affected should have the benefit of the consultation and 
 judgment of a board composed of three persons, whenever, for any reason, 
 they elected to associate them, in preference to trusting their interests to the 
 sole jurisdiction of the town superintendent. 
 
 The statute has not prescribed the steps to be taken for convening the super- 
 visor, town clerk and school commissioner to deliberate upon the alteration of 
 a district. The school commissioner cannot call upon the supervisor and clerk 
 to act with liim, for the jurisdiction of the latter depends upon an application 
 to them by the trustees of some district to be affected. In order to give them 
 the opportunity to make such application, and that it may be done or the option 
 waived within a reasonable time, the school commissioner, before making any 
 alteration, should serve upon one or more trustees of each district to be affected
 
 86 FOEMATION, ETC., OF ScHOOL DISTRICTS. 
 
 thereby a written notice, specifically describing such alteration, in substantially 
 the following form : 
 
 To the trustees of District No. , in the town of : 
 
 Take notice, that I intend on the day of next, at (spe(Bfy- 
 
 Ing a convenient place, and a time sufficiently remote to enable the trustees to 
 make application to the supervisor and clerk, aud for the latter to be prepared 
 for the meeting), to make an order for the alteration of District No. , in the 
 town of , so that its boundaries shall thereafter be as follows, viz. : 
 
 (Here specify the proposed boundaries of the district, as altered, in the manner 
 recommended under sub. 4, sec. 1, title 6). 
 
 You are therefore requested to meet without delay and to adopt a resolution 
 consenting to the above proposed alteration, in wliich case you will please 
 furnish me, at the time and place above mentioned, with a copy thereof, certi- 
 fied iinder the hands of a majority of you, or to adopt a resolution applying to 
 the supervisor and town clerk of the town (or ioivm if the district is a joint one) 
 of to be associated with me at the time aud place above mentioned iu 
 
 determining upon the propriety of such proposed alteration. In the latter case 
 you will please transmit copies of such resolution, certified under the hands of 
 a majority of you, to the supervisor and town clerk- without delay, together 
 with notice of the time and place above stated at which such alteration will bo 
 made by me in case of their non-attendance. 
 
 The determination of the trustees to associate the supervisor and clerk, like 
 every other official act, should result from the resolution of a majority, adopted 
 at a meeting at which all are present or which the absent one has been duly 
 notified to attend. No jurisdiction is obtained by the supervisor and clerk 
 upon the application of less than a majority. Their want of jm-isdiction vitiates 
 the action of a board in which they may assimie to take part. Upon this point 
 the language of Vice-Chancellor Sandford (2 Sand. Ch. JR., 229), is very 
 instructive. Discussing the effect of certain proceedings of a chiirch council at 
 which a majority of the trustees were present and in which they mianimously 
 concurred, but in which the minister, elders and deacons also participated, he 
 says : " The trustees in this case are by the charter the select class or body 
 which is to exercise the corporate functions. In order to exercise them, they 
 must meet cis a hoard, so that they may hear each other's views, deliberate and 
 then decide. Their separate action, individually, without consultation, although 
 a majority in number should agree upon a certain act, would not be the act of 
 the constituted body of men clothed with the corporate powers. Nor would 
 their action in a meeting of the whole body of corporators, or of another and 
 larger class in which they are but a component i)art, be a valid corporate act. 
 In thus acting they are not distinguishable from their associates, and their 
 action is united with that of others ^vho have no proper or legal right to join 
 with them in its exercise. All proper responsibility is lost.. The result may 
 be the same that it would have been if they had met separately, and it may be 
 different. In the general assemblage, influences may be brought to bear upon
 
 Formation-, etc., of School Districts. 87 
 
 the trustees which iu their proper board would be unheeded ; and no one can 
 say with certainty that their vote in the latter event would have been the 
 same." 
 
 If the trustees have given the proper notice to the supervisor and clerk, tho 
 schDol commissioner can at the time and place appointed proceed to act in con- 
 junction with either of them, in case the other omits to attend. It is true that 
 the general rule is, when persons are appointed by the law to act as special 
 tribunals of a quasi-judicial character, then both parties arc entitled to the 
 presence of all the judges, and to have the benefits of the consultation of each 
 with every other ; all must therefore meet together and consult, but then a 
 majority may decide. In this case, however, though the law authorizes the 
 trustees to apply to the supervisor and clerk, it furnishes no means of compel- 
 ling their attendance, nor does it even in express terms declare it their duty to 
 attend. It is only that one of them who accepts and acts under the applica- 
 tion of the trustees who can be said to be appointed or vested vnth any power 
 in the premises. Indeed, the doubt is rather whether the sole jiu-isdiction of 
 the school commissioner is divested unless both the super\"isor and clerk asso* 
 ciate themselves -nith him. It is clear that they cannot act except in association 
 with Mm. 
 
 If neither attend, the commissioner may proceed to act alone ; for he has the 
 general power, and cannot be deprived of it by a fruitless application to the 
 supervisor and clerk, where the latter decline or omit to be associated with 
 liim. 
 
 In the case of joint districts, the supervisors and town clerks of all the towns, 
 parts of which are included in the district affected, have, under the practice 
 recognized by the department, been associated with the town superintendents. 
 In this case, the reasoning in favor of proceeding, notwithstanding the absence 
 of some of the supervisors or clerks, or even of both the super\-isor and clerk 
 of some of the towns, is stronger than in the case of a whole district. 
 
 Under the adjudications of the department, it has been held that each town 
 in such case had but one vote, so that the vote of a superintendent from one 
 town counterbalanced the concurrent vote of the superintendent, supervisor 
 and clerk from another town. As the school commissioner stands in the place 
 of a town superintendent for each town within his jurisdiction, no town can be 
 deemed to be mirepresented in consequence of the absence of its clerk and 
 supei-visor. The reasoning, however, which regarded the tovm officers as repre- 
 sentatives of their respective towns is inapplicable since the substitution of the 
 school commissioner for town superintendents, and each member of the board 
 must be regarded under the existing law as having equal weight in the deci- 
 sion. In other words, it depends upon the majority of voices. 
 
 If, at the time apiwinted, the commissioner fails to attend, he may give notice 
 specifying another day and place of meeting. But the commissioner cannot 
 pistjKjne the time of meeting to any day later than three months after the 
 first notice. The first order -will be void, unless it is confirmed by a second 
 onler made by the board thus duly convened and formed, or by the commis- 
 sioner in the absence of the other officers.
 
 88 Formation, etc., of School Districts. 
 
 In the case of Williams v. Larldn (3 Denio, 114), it was held by the supreme 
 coiirt, "where an alteration of school districts made by the proper officers 
 affected three districts, and the trustees of two of the districts consented to 
 the alteration, but the trustees of the other district did not consent, that the 
 alteration took effect immediately as to those districts whose trustees con- 
 sented. In that case a part of District No. 14 was annexed to No. 3 ■ndth the 
 consent of the trustees of both districts ; the residue of No. 14 was annexed 
 to No. 13 without the consent of the trustees of the latter. Judge Bronson, 
 delivering the opinion of the court, says : " Although both alterations were 
 made at the same time, they were not in their nature inseparable acts, and I 
 see no reason why they might not take effect at different periods." It is 
 obvious that alterations may be so connected and dependent upon each other 
 as to render the principle of this case inapplicable. For example, so much 
 of the order as annulled District No. 14 could not take effect until the expira- 
 tion of three months, notwithstanding its trustees consented, because it was 
 dependent upon the annexation of so much of said district as remained to 
 No. 13. No. 14 was a district lying wholly within one town. According 
 to the opinion of Superintendent Spencer an order for the dissolution of a joint 
 district might be valid, although the annexation of its parts to other districts 
 might be void ; and consequently its dissolution might take effect immediately) 
 though the annexation of its parts to other districts might be suspended for 
 three months. 
 
 \Miile the alteration is inchoate it is wholly inoperative upon the rights 
 of any person. Thus, where an order was made to annex territory to an 
 existing district Avithout the consent of the trustees of the latter, it was held 
 that, before the expiration of the three months after notice, the same territory 
 might be annexed to a third district without the consent of the trustees who 
 had refused the annexation first proposed ; but that the assent of the district 
 from which it was taken by the first order was requisite. So, residents upon 
 the territory to be transferred continue to be legal voters, and are entitled to 
 notice of all district meetings held between the making of the order and the 
 time it takes effect, and must be assessed on any tax list made out in the mean 
 time. 
 
 § 5. The supervisor and town clerk shall be entitled each to 
 one dollar and fifty cents a day, for each day's service in any 
 such matter, to be levied and paid as a charge upon their 
 town. 
 
 § 6. Whenever it may become necessary or convenient to form 
 a school district out of pai'cels of two or more school commissioner 
 districts, the commissioners of such districts, or a majority of them, 
 may form such district ; and the commissioners Avithin whose dis- 
 tricts any sucli school district lies, or a majority of them, may 
 alter or dissolve it.
 
 FOEilATIOlSr, ETC., OF ScHOOL DiSTKICTS. 89 
 
 The proceedings under tliis section would be similar to those under the pre- 
 ceding sections of this title, except that the concurrent action of the school 
 commissioners is required. 
 
 § 7. If a school commissioner, by notice in writing, shall rfequire 
 the attendance of the other commissioner or commissioners, at a 
 joint meeting for the purpose of altering or dissolving such a joint 
 district, and a majority of all the commissioners shall refuse or 
 neglect to attend, the commissioner or commissioners attending, 
 or any one of them, may call a special meeting of such school dis- 
 trict, for the purpose of deciding whether or no such district shall 
 be dissolved ; and its decision of that question shall be as valid as 
 tliough made by the commissioners. 
 
 This section can become operative only in the rare case where three or more 
 commissioners are requisite for the alteration, as it is only in such case that 
 the majority can neglect to attend. If a majority attend, they can act under 
 the preceding section. 
 
 If the district meeting elects to dissolve the district (which is the extent of 
 its power), the several parts revert to the towns in which they are respect- 
 ively included, and become subject to regulation by the school commissioner 
 having jurisdiction therein. 
 
 § 8. When two or more districts shall be consolidated into one, 
 the new district shall succeed to all the rights of property pos- 
 sessed by the annulled districts. 
 
 • 
 
 Wliere two or more districts are consolidated, the united territory forms a 
 new district. It is necessary to elect new trustees and other district officers, 
 and the commissioner should give the notice pro\'ided by section 1 of title 7 
 of this act. 
 
 The public money which either district may have in the hands of the super- 
 visor, unexpended, becomes applicable to the payment of teachers' wages and 
 to the library of the consolidated district, without any distinction between the 
 inhabitants or pupils of the former districts. If there is any money due to a 
 teacher of either district, it should be drawn before the consolidation takes 
 effect, or so much of it as is applicable to the payment of wages during the 
 term in which they were earned. 
 
 § 9. When a district is parted into portions, which are annexed 
 to otlier districts, its property shall be sold by the supervisor of 
 the town within wliich its school-house is situated, at public auc- 
 tion, after at least five days' notice, by notices posted in three or 
 12
 
 90 FOKMATIOX, ETC., OF ScHOOL DiSTKICTS. 
 
 more public places of the town in which the school-house is, one 
 of which shall be posted in the district so dissolved. The super- 
 visor, after deducting the expenses of the sale, shall apply its 
 proceeds to the payment of the debts of the district, and appor- 
 tion the residue, if any, among the taxable inhabitants of the 
 district, in the ratio of their several assessments on the last cor- 
 rected assessment roll or rolls of the town or towns, and pay it 
 over accordingly. 
 
 A district is annulled only wlien all its parts are annexed to other dis- 
 tricts, so that nothing of the original district remains. If any of it remains as 
 a distinct district, although designated by a new name and number, it is not a 
 case of annulling. 
 
 In respect to the property to be sold : Property is defined in the Code of Pro- 
 cedure as including lands, tenements and hereditaments, money, goods, chat- 
 tels, things in action and evidences of debt. The only point upon which much 
 question is likely to arise regards the library of the annulled district. A por- 
 tion of the books may have been purchased with money voted by the district 
 and raised by tax upon the district. So far as these are concerned, they 
 undoubtedly belong to the district and may be sold when it is annulled. In 
 respect to those which have been purchased by the library money apportioned 
 from the income of the United States deposit fund, the case is different. The 
 money of the State was appropriated to the support of common schools by furnish- 
 ing a library, and there is nothing to imply an intention that it should ever be 
 diverted from its public purpose by becoming private property. The trustees 
 of the district are made trustees of the library, but the property in it, it is 
 declared, " shall be deemed to be vested in such trustees, so as to enable them to 
 maintain any action relative to the same." The Legislature seem to hav^ designed 
 hereby to confer only a qualified property, for a specific purpose, retaining the 
 general property in the people of the State of New York, precisely as the 
 property of the library of the court of appeals, the Attorney-General, etc., is 
 held. 
 
 It is believed, therefore, that the books, so far as they have been piuchased 
 from the funds of the State, should be distributed precisely as the money 
 itself would be if it came to the hands of the commissioner for distribution on 
 the day of the annulling of the district ; that is, should be assigned to the 
 respective districts to which parts are annexed, in proportion to the number 
 of children between four and twenty-one resident in such parts, according to 
 the last report of the trustees. 
 
 The debts must be ascertained from the trustees, and the supervisor should 
 only j)ay them upon the written order of a majority of the trustees. If debts 
 are claimed Avhich arc not admitted by the trustees, the money should bo 
 retained imtil any legal proceeding instituted for their collection is determined. 
 
 The last corrected assessment roll is that which was delivered by the asses- 
 Bors to the super-\isor to bo laid before the board of supervisors. If in the
 
 Formation, etc., of School Districts. 91 
 
 equalization by tlio board of supervisors the valuation of real estate lias been 
 changed, the roll as thus varied by them is to be followed in distributing the 
 money. But the completion of a new roll by the assessors, and its delivery 
 to the supervisor, supersedes the roll of the preceding year, although the 
 latter has been and the former has not been passed upon by the board of 
 supervisors. (7 Wend., 89.) 
 
 In a district, embracing parts of more than one town, where the proportion 
 of taxes to be assessed upon the parts of such districts lying in different towna 
 has been established by the supervisors of such towns, under section 69 
 of title 7, the proceeds of the sale are to be divided between the parts of the 
 districts in the proportion thus established, and the shares of such parts then 
 apportioned to their respective inhabitants on the last corrected assessment 
 roll of the town in which each part lies. 
 
 § 10. The supervisor of the town within which the school-house 
 of the dissolved district was situate, may demand, sue for, and col- 
 lect, in his name of office, any money of the district outstanding 
 in the hands of any of its former officers, or any other person ; 
 and, after deducting his costs and expenses, shall report the bal- 
 ance to the school commissioner, who shall apportion the same 
 equitably among the districts to which the parts of the dissolved 
 district were annexed, to be by them applied as their district 
 meetings shall determine. 
 
 The collector and trustees are the only officers of a district in whose hands 
 there can be legitimately any money ; such money may be the proceeds of a tax 
 collected but not expended. In such case, the equitable mode of distribution 
 would be to apportion it to the districts according to the amount which the 
 taxable inhabitants and property set off to each have contributed thereto ; the 
 same rule would hold in regard to the proceeds of the sale of school-houses or 
 other property acquired by taxation. 
 
 In case, however, the money is applicable to the payment of the cm-rent 
 expenses of schools, such as the share of a town fund, the income of a school 
 lot or the districts' proportion of fines for gambling, imder chapter 50-1 of 1851, 
 the equitable rule of apportionment is to assign it to the districts in proportion 
 to the number of pupils resident in the parts annexed to them respectively. 
 
 In case it becomes necessary to bring an action against the officers of a joint 
 district, the supervisors of all the towns of wliich it forms a part must join as 
 plaintiffs in the suit. 
 
 It may be doubted w^hether the supervisor is authorized to maintain an 
 action against any other person than an officer of a district for mouej's belong- 
 ing to it ; the statute giving him the power to sue confining it to penalties 
 and forfoitui-es, and to defaults and omissions by town and district officers ; the 
 trustees should in such case bring the action before the order annulling their 
 district takes effect.
 
 92 -School District Meetings and Officers. 
 
 § 11. Though a district be dissolved, it shall continue to exist in 
 law, for the purpose of providing for and paying all its just debts ; 
 and to that end the trustees and other officers shall continue in 
 office, and the inhabitants may hold special meetings, elect officers 
 to supply vacancies, and vote taxes ; and all other acts necessary 
 to raise money and jjay such debts shall be done by the inhabit- 
 ants and officers of the district. 
 
 Tlioiigli the statute contains no limitation of the time ■s\-ithin which the 
 trustees of a dissolved or consolidated district are required to discharge their 
 duties under this section, there can be no valid reason for any longer delay 
 than may be essential to ascertain its outstanding liabilities. The pendency 
 of litigation, in respect to some of them, may put it out of the power of the 
 trustees to act immediately, and their powers doubtless continue so long as 
 any legal liability subsists ; the existence of the district is maintained for this 
 special purpose, with power to elect officers to fill vacancies, and to vote taxes, 
 or any other legal act necessary for the single purpose of paying its just debts. 
 
 § 12. The commissioner, or a majority of the commissioners in 
 whose district or districts a dissolved school district was, shall, by 
 his or their order in writing, delivered to the clerk of the district, or 
 to any person in whose possession the books, papers and records 
 of the district, or any of them, may be, direct such clerk or other 
 person to deposit the same in tlie clerk's office in a town in the 
 order named. Such clerk or other person, by a neglect or refusal 
 to obey the order, shall forfeit fifty dollars, to be applied to the 
 benefit of common schools of said town. The commissioner or 
 commissioners shall file a duplicate of the order with such clerk. 
 {Sec. 22, of title 3.) 
 
 TITLE YII. 
 
 OF SCHOOL district AND NEIGHBORHOOD MEETINGS, AND OF THE 
 CHOICE, DUTIES AND POWERS- OF SCHOOL DISTRICT AND NEIGH- 
 BORHOOD OFFICERS. 
 
 FIRST ARTICLE. 
 
 Of school district and neighborhood tneetings, the voters and their 
 
 jyoioers generally. 
 
 Section 1. Whenever any school district or separate neighbor- 
 hood shall be formed, the commissioner, or any one or more of the 
 commissioners, within Avhose district or districts it may be, shall 
 prepare a notice, describing such district or neighborhood, and
 
 School District Meetings axd Ofpicees. 93 
 
 appointing a time and place for the first district or neighborhood 
 meeting, and deliver snch notice to a taxable inhabitant of the 
 district or neighborhood. 
 
 The meeting for organization cannot be lield until the district "shall be 
 formed," that is, not until the order for its formation shall have taken effect by 
 the consent of trustees of the districts from which it was formed, the expira- 
 tion of three months' notice or the decision of an appeal, if one has been 
 brought. 
 
 The notice is to describe the district by metes and bounds, so that the inliab- 
 itant to whom it is delivered may know, \\ithout recourse to any other 
 document, over what territory he is to search for inhabitants. It may be in the 
 follo'n'ing form : 
 
 To , a taxable inhabitant of District No. in the town 
 
 of : 
 
 WiiEKEAS, By an order of the school commissioner for the commis- 
 
 sioner district of the county of , which order is dated the day 
 
 of , and took effect on that day (or will take effect on the day of 
 
 next, specifjdng the day, wliich must precede the day of meeting), 
 a school district is fonued, numbered No. , and bounded and described as 
 follows viz. : Beginning (piu'suing the description as in the notes to title 
 6, supra). 
 
 You are hereby required to notify every male j>erson of full age, residing' in 
 the territory above described and entitled to hold lands within this State, who 
 owns or hires real property subject to taxation for school purposes, and every 
 resident of such territory authorized to vote at town meetings of the town 
 of (in the case of a joint district, say, either of the towns of or 
 
 ) who owns any personal property, liable to be taxed for school pur- 
 poses in such territory, exceeding fifty dollars in value exclusive of such as is 
 exempt from execution, or who has permanently residing with him a child or 
 children of school age, some one or more of whom shall have attended the 
 common school for a period of at least eight weeks during the year preceding, 
 that the first district meeting of said district is hereby appointed to be held at 
 the house of , at o'clock in the afternoon of the day of 
 
 next, for the purpose of electing officers, voting taxes, and perform- 
 ing such other business as is permitted by section IG, of title 7, of the general 
 school act. 
 
 You are required by law to read this notice in the hearing of each inhabit- 
 ant qualified as above described, or, in case of his absence from home, to leave 
 a copy of 80 much thereof as relates to the time and place of such meeting at the 
 place of his abode, at least six days before the time of the meeting. Dated 
 this day of 
 
 A. B., 
 
 Schojl Commissioner.
 
 94 School District Meetings and Officers. 
 
 It is not claimed to be absolutely essential tliat the notice should be in the 
 fomi above recommended. It is essential that the time of day and the place 
 of meeting' should be acciirately specified. (16 Verm., 444.) It is eminently 
 desirable that the notice should be so broad that no person hearing it shoiild 
 have the slightest ground for professing to be surprised at any business which 
 can by possibility be presented at the meeting. This is a rule that is applica- 
 ble to all notices for all meetings. At the same time, it is expedient that the 
 earliest occasion should, be taken to ajiprise the inhabitants of the extent of 
 the powers of a district meeting, and how little they are limited by the terms 
 of the notice. A meeting la^'i'fully assembled for one object is competent to 
 act upon others which were not in the contemplation of those who procured it 
 to be called, and may do almost any thing except change the site of the school- 
 house, or any act not otherwise ordered or forbidden by statute. It is true 
 that, though the proceedings of a meeting may be entirely regular and legal, 
 it is within the equitable powers of the State Superintendent, upon an appeal, 
 to set them aside Avhere it can be shown that there was a fraudulent design to 
 frame the notice in such a manner as to conceal the real purpose for which the 
 meeting was convened. But it is not to be forgotten that the object of the 
 notice is merely to assemble the inhabitants as the local legislature, and that 
 when so assembled their powers are deiined, not by the notice but by the 
 statute. Indeed it would follow, from the general principles which have been 
 applied by the courts to elections and other corporate acts, that " if all were 
 present, though &?/ accident and witlioui notice, their acts would be good." {King v. 
 Tlieoderic, 8 East, 543 ; see also 11 Wend., G04.) In reference to an annual meet- 
 ing", the supreme court (6 EiU, 647) say : " For greater caution, and to give 
 greater publicity to the meeting, the statute directs the clerk to post notice of 
 it ; but that is not essential to its validity. The time and place for holding it 
 may always be ascertained by examining the clerk's records, and an objection 
 that notice was not duly posted should never be allowed to prevail. Tlie foiin 
 dation of the meeting is the order of a pre^^ous annual meeting, not the post- 
 ing of a notice by the clerk. The former is indispensable, but not the latter." 
 
 § 2. It shall be the duty of such inhabitant to notify every other 
 inhabitant of the district or neighborhood, qualified to vote at the 
 meeting, by reading the notice in his hearing, or, in case of his 
 absence from home, by leaving a copy thereof, or so much thereof 
 as relates to the time, place and object of the meeting, at the place 
 of his abode, at least six days before the time of the meeting. 
 
 In computing statute time, the first day, or the day on which the time begins 
 to run, is to be excliided. (10 Ba7-h., 117.) The notice under this section must 
 be six full days, exclusive of the day of service, and must therefore be given 
 as early as the seventh day before the meeting. 
 
 It is always iinportant that the persons on whom and the manner in which 
 the notice has been served sliould be verified by proper evidence, which can be
 
 School District Meetings and Officers. 95 
 
 preserved. In reference to a similar notice under the school law of Massachu- 
 setts, the supreme court of that State says : " When the selectmen direct a 
 ■warrant for calling a school district meeting to a proper person, he is made a 
 returning officer for that occasion. All returning officers are ministerial, and 
 are bound to set forth in their returns all the acts done by them, that the 
 proper tribunal may judge of their sufficiency. They are not competent to 
 j udge of the legality of a notice or service ; and a return that a precept had 
 been legally served, or that the duty enjoined by a warrant had been duly per- 
 formed, would most clearly be insufficient." To obviate this objection it would 
 be well for the inhabitant who gives notice of the meeting to frame his return 
 in substantially the following manner : 
 
 " Pursuant to the within notice, I have notified the inhabitants qualified and 
 residing as therein described, at least six days before the time of the meeting, 
 in the following manner, viz. : by reading the notice in their hearing — John 
 ' Doe, Charles Davis, etc. (naming them in full) ; by leaving a copy of so much 
 ► of the within as relates to the time and place of meeting at their respective 
 ; places of abode, they being absent from home — Robert Kidd, Henry Hunter, 
 I etc., etc. " 
 
 This return, when indorsed upon the notice and signed by the inhabitant 
 making it, should be produced at the meeting and filed with the records of 
 the district. It constitutes the appropriate e'vndeuce of the service of notice ; 
 but it is not to be inferred that in its absence secondary evidence may not 
 be received to support the proceedings of the meeting, whose jurisdiction 
 depends upon facts and not iipon mere evidence. 
 
 It is proper to remark that the notice should be given to every inhabitant 
 having any pretension to a right to vote, although the person giving it may 
 deem his qualifications insufficient. Giving him notice determines nothing as 
 to the right ; and it is better to err by giving the notice to persons not entitled 
 to vote than to fail to notify any penson who may be so legally entitled. 
 
 § 3. In case such meeting shall not be held, and, in the opinion 
 of the commissioner, it shall be necessary to hold such meeting 
 before the time herein fixed for the first annual meeting, ho shall 
 deliver another such notice to a taxable inhabitant of the district 
 or neighborhood, who shall serve it as hereinbefore provided. 
 
 § 4. When the clerk and all the trust'ees of a school district 
 shall have removed from the district, or their office shall be vacant, 
 60 that a special meeting cannot be called, as hereinafter provided, 
 the commissioner may in like manner give notice of and call a 
 special district meeting. 
 
 § 5. Every taxable inhabitant to -whom a notice of any district 
 I meeting shall be delivered for service, pursuant to any provision 
 i of this article, who shall refuse or neglect to serve the same, as
 
 96 School District Meetitstgs and Officers. 
 
 hereinbefore i^rescribed, shall forfeit five dollars for the benefit of 
 tlie district. 
 
 It will be observed that this section imposes a penalty for every refusal to 
 serve a notice for amj district meeting' properly delivered to an inhabitant. It 
 is coextensive with the preceding section. A doubt whether the commissioner 
 is legally entitled to his office ■\\ill not excuse a refusal, if he be an officer 
 de facto, holding under color of election and exercising the duties of the office. 
 It is not for a ministerial officer to judge of the validity of the election of an 
 officer de facto ; for example, a district clerk should serve a notice signed by 
 persons recognized and acting as trustees, though he deems them to have no 
 title to the office and regards the notice as invalid. {See 7 Johns., 552.) 
 
 § 6. A special district meeting shall be held Avhenever called by 
 the trustees. The notice thereof shall state the purpose for which 
 it is called ; and the district clerk, or, if the office be vacant, or he 
 be sick or absent or shall refuse to act, a trustee or some taxable 
 inhabitant, by order of the trustees, shall serve the notice upon 
 each inhabitant of the district qualified to vote at district meet- 
 ings, at least five days before the day of the meeting, in the 
 manner pi-escribed in the second section of this title. But 
 the inhabitants of any district may, at any annual meeting, adopt 
 a resolution prescribing some other mode of giving notice of 
 special meetings, which resolution and the mode thereby pre- 
 scribed shall continue in force until rescinded or modified at some 
 subsequent annual meeting. 
 
 Sec sections two and thirty-seven for comments upon the time and manner 
 of serving notices. 
 
 Under this section it is held that a special meeting, duly called and assem- 
 bled, can transact any business, whether specified in the notice or not ; but if 
 the inhabitants proceed to do acts which are not mentioned in the notice, and 
 which amount to a fraud or surprise on the district, the department on appeal 
 will set aside the proceedings. 
 
 § 7. The proceedings of no neighborhood or 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 willful and fraudulent. 
 
 Tlie provision to cure the defect of notice relates to the mode and extent 
 of service, and not to tlie insufficiency of the matter contained in the notice 
 itself.
 
 School District Meetings and Officers. 97 
 
 It was intended for cases where tlirough accident or mistake the proper 
 legal notice has not been given to all who are entitled to it ; but it cannot bo 
 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 
 imdertakes to give a notice in the manner provided by the statute, and hiis 
 failed, unintentionally, to ser\-e such notice on all the persons entitled to 
 receive it, or where such notice is imperfectly sers^ed, 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.) 
 
 § 8. The annual meeting of each neighborhood shall be held on 
 the second Tue.sday of October in each year, at the hour and place 
 fixed by the last previous neighborhood meeting; or, if such hour 
 and place has not been so fixed, then at the hour and place of such 
 last meeting; or, if such place be no longer accessible, then at such 
 otiier place as the trustees, or, if there be no trustees, the clerk, 
 shall in the notices designate. 
 
 § 9. An annual meeting of each school district shall be held on 4^ ^ 
 the second Tuesday of October in each year, and, unless the hour y^'^ih{ 
 and the place therefor shall have been fixed by the vote of a pre- ' 
 
 vious district meeting, the same shall be held in the school-house 
 at seven o'clock in the evening. If a district possess more than 
 one school-house, it shall be held in the one usually employed for 
 that purpose, unless the trustees designate another. 
 
 It may happen that while the trustees are building a new school-house, and 
 before it has been accepted, the previous annual meeting may have been held 
 in a room hired for temporary use of the school. This room would be for the 
 time being the school-house, and the place for holding the annual meeting. A 
 vote of the inhabitants may require an annual meeting to be held in some 
 place other than the district school-house. 
 
 § 10. Whenever the time for holding the annual meeting in 
 school districts shall pass without such meeting being held in any 
 district, a special meeting shall thereafter be called by the trus- 
 tees or by the clerk of such district, for the purpose of transact- 
 ing the business of the annual meeting ; and if no such meeting 
 be called by the trustees or the clerk within twenty days after 
 such time shall have passed, the supervisor or the Superintendent 
 of Public Instruction may order any inhabitant of such district to 
 give notice of such meeting in the manner provided in the second 
 Rection of this title, and the officers of the district shall make to 
 13
 
 98 School District Meetings and Officers. 
 
 sucli meeting the reports required to be made at tlie annual meet- 
 ing, subject to tlie same penalty in case of neglect ; and the offi- 
 cers elected at such meeting shall hold their res2:»ective offices only 
 until tlie next annual meeting and until their successors arc elected 
 and shall have qualified as in this act provided. 
 
 § 11. Whenever any district or neighborhood meeting shall be 
 duly called, it shall be the duty of the inhabitants qualified to 
 vote thereat to assemble at the time and Y>\nce fixed for the meeting. 
 • § 12. Every male person of full age residing in any neighbor- 
 hood or school district, and entitled to hold lands in this State, 
 who owns or hires real property in such neighborhood or school 
 district liable to taxation for school purposes, and every resident 
 of such neighborhood or district authorized to vote at t#wn meet- 
 ings of the town in which he resides, who has permanently residing 
 "with him a child or children of school age, some one or more of 
 ■whom shall liave attended the district school for a period of at 
 least eight weeks within one year preceding, or who owns any 
 personal property liable to be taxed for school pui-poses in any such 
 district, exceeding fifty dollars in value, exclusive of such as is 
 exempt from execution, and no other, shall be entitled to vote at 
 any school meeting held in such neighborhood or district. 
 
 The question of residence is one frequently airitatecl, not only witla respect 
 to the ri'jlit of votino; and of holding district offices, but in regard to the enu- 
 meration of pupils. The principles wliicli govern its determination have been 
 largely discussed by the courts in construing the words rcsidtnce, domicile and 
 inhabitancy, which, though not in all respects and for all purj^oscs convertible 
 terms, mean generally the same thing. 
 
 Inhabitancy and residence, says Chancellor Walworth (8 Wend., 140), "mean 
 a fixed and permanent abode or dwelling place for the time being, as distin- 
 guished from a mere temporary locality of existence." To acquire a domicile two 
 things are necessary — the fact of residence in a place, and the intent to make it 
 a home. To retain a domicile once acquired, actual residence, however, is not 
 indispensable, but it is retained by the mere intention not to change it or adopt 
 another, or rather by the absence of any present intention of removing there- 
 from. Nor is the domicile affected by the forming of an intention to remove, 
 unless such intention is carried into effect. This results from the rule that a 
 domicile once acquired remains until a new one is acquired. In legal contem- 
 plation, every person must have a domicile somewhere, and he can only have 
 one domicile at one and the same time. 
 
 In determining the locality of a man's existence, where ho divides his hours 
 between different buildings, the place of his dwelling-house is first regarded 
 
 i
 
 School District Meetings and Officees. 99 
 
 in contradistinction to any place of business, trade or occupation. If he has 
 more than one dwelling-house, that in which he sleeps or passes his niglits, if 
 it can be distinguished, will govern. If the dwelling-house is partly in one 
 town and partly in another, the occupant must be deemed to dwell in that 
 town in which he habitually sleeps, if it can be ascertained. (23 Pick., 178.) 
 
 The Constitution establishes the rule, by section 3, article 2, that " for Iho 
 purpose of voting, no person shall be deemed to have gained or lost a residence 
 by reason of his presence or absence while employed in the service of the 
 United States ; nor while engaged in the navigation of the waters of this State, 
 or of the United States, or of the high seas ; nor while a student of any semi- 
 nary of learning ; nor while kept at any almshouse or other asylum at public 
 expense ; nor while confined in any public prison." 
 
 The intention of remaining, requisite to constitute a resident, must be inde- 
 pendent of any temporary purpose of business, health or pleasure, though it 
 does not necessarily exclude the idea of removing after an indefinite time, or a 
 change of circumstances. Once established in any place, the presumption of 
 residence continues unless rebutted, and the burden of proof is upon a party 
 alleging a change. 
 
 The following is a condensed statement of the rules given by Judge Story 
 {Conflict of Laics, chap. 3) ; most of them are stated and illustrated by our supremo 
 court (4 Barb., 518) : 
 
 1. The place of birth of a person is considered as his domicile, if it be at the 
 time the domicile of his parents. This is called the domicile of nativity. But if 
 his parents are on a \isit or on a journey, the home of the parents will be 
 deemed his domicile. An illegitimate child follows the domicile of his mother; 
 
 2. The domicile of birth continues until he has acquired a new domicile ; 
 
 3. A minor is generally deemed incapable of changing liis domicile ; but if 
 the parent changes his domicile, that of the minor follows it. If the father dies, 
 his last domicile continues that of his minor children. This rule is subject to 
 qualification if the minor has been emancipated from parental control or adopted 
 into a new family ; 
 
 4. A married woman follows the domicile of her husband ; 
 
 5. A widow retains the domicile of her deceased husband until she acquirea 
 another ; 
 
 G. Prima facie, the place where a person lives is deemed his domicile ; 
 
 7. Every person of full age having a right to change his domicile, if he 
 removes to another place with an intention of making it his permanent residence, 
 that immediately becomes his domicile. 
 
 8. If a person removes to another place with an intention of remaining there 
 for an indefinite time, and as a place of present domicile, it becomes his domicile 
 notwithstanding he may entertain a fioating intention to return at some future 
 period ; 
 
 9. The place where a married man's family resides is generally deemed hia 
 domicile, but not if it be a merely temporary establishment ; 
 
 10. If a married man has his f:\mily in one place and his business in another, 
 the former is deemed his domicile ;
 
 100 School District Meetings and Officers. 
 
 11. If a married man lias two places of residence at different times of the 
 year, that will be esteemed his domicile which he himself selects or deems his 
 home, or which appears to be the center of his affairs, or where he votes or 
 exercises the rights and duties of a citizen ; 
 
 12. If a man is unmarried, that is generally deemed his domicile where he 
 transacts his business, exercises his profession or assumes the privileges or 
 duties of a citizen. But this rule is subject to qualification ; 
 
 13. Residence, to produce a change of domicile, must be voluntary, not by 
 imprisonment, etc. ; 
 
 14. Mere intention to remove, without the fact of removal, will not change 
 the domicile ; nor will the fact of removal without intention. They must go 
 together ; 
 
 15. A domicile, once acquired, remains until a new one is acquired. 
 Voters must, in the first place, possess three qualifications ; they must in all 
 
 cases be males, twenty -one years of age, and residents of the district. Possess- 
 ing these, a man to be entitled to vote must possess also one of the following 
 qualifications, and any one is suflicieut : 
 
 I. He must be entitled to kohl lands, and must also own or hire real property 
 in the district subject to taxation ; it matters not how small is the real 
 property or how brief the term for which it is hired ; tenancy from week to 
 week of a shanty or a room is sufficient. But an alien, though he has taken 
 the incipient measures to obtain naturalization, cannot hold real property or 
 be a qualified voter at a school district meeting in the district wlicre he 
 resides, until he has made and filed the affidavit hereinafter mentioned. 
 
 He is required to make a deposition or affirmation in writing, before an 
 officer authorized to take the proofs of deeds to be recorded, that he is a 
 resident of and intends always to reside in the United States and to become 
 a citizen thereof as soon as he can be naturalized, and that he has taken sucli 
 incipient measures as the laws of the United States require to enable him to 
 obtain naturalization ; which shall be certified by such officer, and be filed and 
 recorded by the Secietary of State in a book to be kept by him for that 
 purpose, and such certificate, or a certified copy of it, shall be evidence of tho 
 facts therein contained. 
 
 Tho real projjcrty must be subject to taxation, and it matters not that tho 
 person claiming to vote as the owner or hirer of it is not actually taxed for it 
 himself, or that the property is not taxed to the owner or any other person. 
 A man of color may, therefore, be a voter at a district meeting, who hires real 
 property of less than $350 in value, because it is subject to taxation as 
 the property of the oimer ; although tho man of color cannot vote as tho 
 owner of real property of less than $250 in value, because the Constitution 
 (§ 1, art. 2) exempts him from taxation unless he possesses a freehold estato 
 of that value. Que.rrj, however, whether a man of color who owns real property, 
 worth say $200, which he rents to a white man, so that the latter is taxable as 
 occupant, is not entitled to vote at a district meeting. 
 
 II. Or he must be authorized to vote at tawn meetings of the town in which he 
 resides, and have permanently residing with him a child or children of school
 
 School District Meetings ain'^d Officers. 101 
 
 age, some one or more of whom shall have attended the district school for a 
 period of at least eight weeks within one year preceding. 
 
 III. Or he must own personal property liable to taxation exceeding $50 in 
 value, exclusive of such as is exempt from execution. 
 
 In Crairford v. Wilson, 4 Hill, 504, the supreme court held in effect that, in 
 estimating the amount of a voter's personal property, a debt due to him from a 
 school district for teachers' wages, and from his father for services, might be 
 tiiken into account. No unnaturalized alien, no Indian and no man of color, can 
 entitle himself to vote in ^irtuo of his possession of taxable personal property, 
 nor by having children of school age, as above set forth. His claim must be tested 
 by the possession of the right to vote at town meeting, which requires citizen- 
 ehip (which excludes aliens and Indians) for ten days, residence of the State 
 for one year next preceding, and of the county for the last four months, and, 
 in regard to the man of color who is a citizen, the real property qualification 
 also. 
 
 The personal property exempt from execution is defined by laAv as follows : 
 
 " When owned by any person being a householder ; and such articles thereof 
 as are movable shall continue so exempt while the family of such person or 
 any of them may be removing from one place of residence to another. 
 
 "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 $50, whicli are kept 
 and used as part of the family library ; 
 
 " 3. A seat or pew occupied by such person or his family in any house or 
 place of public worship ; 
 
 " 4. All sheep to the number of ten, with their fleeces, and the yarn or cloth 
 manufactured from the same (though not the owner of the sheep on which 
 grew the fleeces from which they are made, 21 Wend., G9), one cow, two smne, 
 the necessary food for them (but not for a team, 5 Denio, 119), all necessary 
 pork, beef, fish, flour and vegetables actually provided for family use (although 
 such vegetables may be in the ground, undug or not fully grown, 25 Wend., 
 370), and necessary fuel for the use of the family for sixty days ; 
 
 " 5. All necessary wearing apparel, beds, bedsteads and bedding for such 
 person and his family, arms and accoutrements required by law to be kept by 
 such person, necessary cooking utensils, one table, six chairs, six knives and 
 forks, six plates, six teacups and saucers, one sugar dish, one milk pot, one tea 
 pot and six spoons, one crane and its appendages, one pair of andirons and a 
 shovel and tongs ; 
 
 " 6. The tools and implements of any mechanic necessary to the carrying on 
 of his trade, not exceeding $35 in vahie." {Sec 22, chap. 6, art. 2, title 5, part 3, 
 of the Revised Statutes.) 
 
 By section 1, chapter 107, T^aws of 1858, page 206, the foregoing provision 
 "does not apjily to any judgment rend(>red for any claim accruing for work 
 and labor performed in a family as a domestic."
 
 102 School District Meetings and Officehs, 
 
 Chapter 782, Laws of 18GG, in addition to tlie articles above named, extended 
 the list of exemptions as follows : " In addition to the articles now exempted. 
 by law from levy and sale under execution, there shall be exempted from such 
 Bale necessary household furniture, and working tools and team, professional 
 instruments, furniture and library owned by any person being a householder 
 or having a family for whom he provides to the value of not exceeding two 
 hundred and fifty dollars, and in addition thereto there shall be exempt from 
 Buch levy and sale the necessary food for said team for a period not exceeding 
 ninety days, and a sewing machine ; provided that such exemption shall not 
 extend to any execution issued on a demand for the purchase-money of such 
 furniture, tools, or team, or the food for said team, or professional instruments, 
 furniture, or library, sewing machine, or the articles now enumerated by law." 
 
 " No replevin shall lie for any property taken by virtue of any warrant for 
 the collection of any tax, assessment or fine iu pursuance of any statute of this 
 State." (2 Revised Statutes, p. 522, sec. 4.) 
 
 This provision must, however, be subject to the action of Congress on a sub 
 ject which by the Constitution is within its jurisdiction. 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, Laivs of the Vailed States, 293), 
 every citizen enrolled in the militia is required to provide himself Avith the fol- 
 lowing accoutrements, viz. : " A good musket or firelock, a suflicient bayonet 
 and belt, two spare flints and a knapsack, a pouch with a box therein, to con- 
 tain not less than twenty- four cartridges suited to the bore of his musket or 
 firelock, each cartridge to contain a proper quantity of powder and ball ; or 
 with a good rifle, knapsack, shot pouch and powder horn, twenty balls suited 
 to the bore of his rifle, and a quarter of a pound of powder ; " and the commis- 
 sioned officers are required to be armed with a sword, or hanger, or ospontoon ; 
 and it is declared that every citizen so enrolled and providing himself with 
 arms, ammunition and accoutrements, required as aforesaid, shall hold the 
 same exempted from all suits, distresses, executions or sales for debts, or for 
 the payment of taxes. 
 
 By the laws of this State {chap. 6, part 3, title 5, sec. 22, vol. 2, lieviied Slat- 
 , ates), the " arms and accoutrements required by law to be kept by any person," 
 as well as a variety of other articles therein specified, are exempt from execu- 
 tion, but not from distress for taxes. The only exemption, therefore, from the 
 operation of a collector's warrant on a tax list, arises under the act of Congress 
 before quoted, and this can only be extended to the arms, smmunition and 
 accoutrements therein spetilied. 
 
 8 13. If any person oflbring to vote at an}' nciuliboihood or 
 Bchool district meeting shall be cliallenged as unqnnlificd, l)y any 
 legal voter in such neighborhood or district, the chairman ])resid 
 ing at such meeting sliall require the person so ofi'ering to make 
 the Ibllowing declaration: "I do declare and alliiiu that I am an
 
 School District jMeetixgs and Officers. 103 
 
 actual resident of this school district (or separate neighborhood), 
 and that I am qualified to vote at this meeting." And every per- 
 son making sucli 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. 
 
 A party knowing a person to be unqualified and permitting him to vote with- 
 out challenge will not be allowed to object to the proceedings of the meeting 
 because such unqualified person participated in them. It has been the practice 
 of some of the State Superintendents upon appeal to disregard the objection 
 that unqualified persons voted, unless they were challenged, although it did 
 not appear that the fact of their disqualification was known at the time of the 
 meeting. The rule is well settled, that proceedings will not be vitiated by ille- 
 gal votes unless a diiferent result would have teen produced by excluding such 
 votes. It lies uixin the party objecting to show that fact, even, according to 
 the judgment of the supreme court, in 7 Cowen, 153, if the nature of the pro- 
 ceeding is such as to deprive him of the power, as in the case of a vote by bal- 
 lot. In the case cited, the court say : " For aught that appears, the spurious 
 ballots were for the ticket which was in the minority. To warrant setting 
 aside the election, it must appear aiBmiatively that the successful ticket 
 received a number of improper votes, which, if rejected, would have brought it 
 down to a minority." It is also incumbent upon the appellant to state the facts 
 showing the lack of qualification in such terms as necessarily to exclude every 
 presumption that the voter could be qualified under either of the heads stated 
 in the note to the previous section. 
 
 A challenge should be interposed at the very first instance in which an 
 unqualified person may offer to vote; for it would be very unjust to permit a 
 party to avail himself of a vote so long as it should be cast in accordance with 
 his views, and then to object when a diflference manifested itself between him- 
 self and the voter. 
 
 If a challenge is interposed upon the vote for chairman, the person who 
 made the nomination ordinarily takes the question upon it, and sliould regard 
 himself as temporary chairman, and require the declaration prescribed by the 
 statute from the challenged party, which should be given in the very words of 
 the law. 
 
 § n. Any person who, upon being so cliallenged, sliall willi'ull}'' 
 make a false declaration of liis right to vote at any such meeting, 
 shall be deemed guilty of a misdemeanor, and punished by impris- 
 onment in the county jail for not less than six montlis nor more 
 than one year. And any person not qualified to vote at any yuch 
 meeting, who shall vote thereat, shall thereby forfeit five dollni-s, 
 to be sued for by the supervisors for the benefit of the common 
 schools of the town. [Sec. 22 of title 3.)
 
 104 School District Meetings and Officees. 
 
 § 15. The inhabitants of any neighborhood entitled to vote, 
 when assembled in any annual meeting or any other neighborhood 
 meeting duly called by the commissioner, pursuant to the first or 
 third sections of this title, shall have power, by a majority of the 
 votes of those present : 
 
 1. To a^Dpoint a chairman for the time bemg ; 
 
 2. To choose a neighborhood clerk and one trustee, and to fill 
 vacancies in office. 
 
 There have been no more than five neighborhoods in the State for many 
 years past, and only three have reported during the last two years. The com- 
 missioners may find it best to annex them to adjacent districts in this State. 
 
 § IG. The inhabitants so entitled to vote, when duly assembled 
 in any district meeting, shall have power, by a majority of the 
 votes of those present : 
 
 1. To appoint a chairman for the time being ; 
 
 2. If the district clerk be absent, to appoint a clerk for the time; 
 
 3. To adjourn from time to time as the. occasion may require; 
 
 4. To choose one or three trustees as hereinafter provided, a 
 district clerk, a district collector, a librarian, at their first meeting, 
 and so often as such offices or any of them become vacated, except 
 as hereinafter provided ; 
 
 5. To fix the amount in which the collector shall give bail for 
 the due and faithful performance of the duties of his office ; 
 
 6. To designate a site for a school-house, or, with the consent 
 of the commissioner or commissioners within Avhose district or 
 districts the school district lies, to designate sites for tAvo or more 
 school-liouses for the district ; 
 
 7. To vote a tax upon the taxable property of tlie district to 
 purchase or lease such site or sites, and to hire, build or pur- 
 chase such school-houses, and to keep in repair and furnish the 
 game with necessary fuel and appendages ; 
 
 8. To vote a tax, not exceeding twenty-five dollars in any one 
 year, for the purchase of maps, globes, blackboards, and other 
 school apparatus, and for tlie purchase of text-books and other 
 school necessaries for the use of i)Oor scholars of the district; 
 
 9. To vote a tax, not exceeding ten dollars in any one year, for 
 the purchase of such books as they shall direct for the district 
 library, and such further sum as they may deem necessary for the 
 purchase of a book-case ;
 
 School District Meetings and Officers. 105 
 
 10. To vote a fax to supply a deficiency in any former tax, 
 arising from such tax being, in ■whole or in part, uncollectible ; 
 
 11. To authorize the trustees to cause the school-house or school- 
 houses, and their furniture, appendages and school apparatus, to 
 be insured by any insurance company created by or under the 
 laws of tliis State ; 
 
 12. To alter, repeal and modify their proceedings, from time to 
 time, as occasion may require ; 
 
 13. To vote a tax for the i^urchase of a book for the purpose of 
 recording their proceedings ; 
 
 14. To vote a tax to replace moneys of the district lost or 
 embezzled by district officers ; and to pay the reasonable expenses 
 incurred by district officers in defending suits or appeals brought 
 against them for their official acts, or in prosecuting suits or 
 appeals by direction of the district against other parties. 
 
 15. To vote a tax, not exceeding twenty-five dollars in each 
 year, for anticipated deficiencies or contingencies, or to pay the 
 wages of teachers iu anticipation of the ordinary collections for 
 that purpose, to be replaced by such collections when made ; 
 
 16. To vote a tax to pay whatever deficiency there niaj^ be in 
 teachers' wages after the public money apportioned to the district 
 shall have been applied thereto; but if the inhabitants shall neg- 
 lect or refuse to vote a tax for this purpose, or if they shall vote a 
 tax which shall prove insufficient to cover such deficiency, then 
 the trustees are authorized, and it is hereby made their duty, to 
 raise, by district tax, any reasonable sum that niay be necessary to 
 })ay the balance of teachers' wages remaining unpaid, the same as 
 if such tax had been authorized by a vote of the inhabitants. 
 
 The several powers conferred by this section mav be arranged under the 
 following heads : 
 
 1. The organization of the meeting by the appointment of its officers; 
 
 2. The ppwer of adjournment ; 
 
 3. The election of district officers ; 
 
 4. Fixing the amount of the collector's bail ; 
 
 5. The selection and designation of school-house sites ; 
 
 6. The power of taxation ; 
 
 7. The power to alter, repeal and modify their proceedings. 
 
 Before discussing the particular powers under their several heads, wc will 
 consider the general powers conferred. They are granted to the inhabitants 
 entitled to vote when duly assembled in any district meeting. The exercise 
 
 14
 
 106 School District Meetings and Officers, 
 
 of them cannot therefore be confined to the annual meeting ; nor does this con- 
 flict with the doctrine that it is the duty of trustees, when giving notice of 
 every meeting, to state the purpose for wliich it is called. They are bound 
 to inform the inliabitants what business they, or those at whose instance they 
 give the notice, propose to lay before the meeting. But their neglect in this 
 particular cannot deprive the inhabitants of any power which the statute con- 
 fers upon them. The inhabitants are the legislative power, and, when law- 
 fully assembled, are entitled to consider and act upon propositions affecting the 
 interests of the district, by whomsoever offered and with however little pre- 
 meditation, unless where specially restrained or limited by statute, as they are 
 in respect to a change of site. 
 
 The resolutions of the meeting are determined by a majority of the votes 
 of those present and voting, and do not require the votes of a majority of all 
 present and not voting. Even if the words of the statute were less explicit this 
 would be the rule at common law, which, as stated by Lord Mansfield (3 Burr., 
 1021), is : " Whenever electors are present and do not vote at all, they virtually 
 acquiesce in the election made by those who do." In that case twenty-one electors 
 were present, nine of whom voted for S. as town clerk, eleven protested against 
 him without voting for any one else, and one other said " he suspended doing 
 any thing." The action of the twelve was held to be the same as if they had 
 been silent ; and being present, but silent, exactly as if they had been absent. 
 They must be taken to assent to what the otliers agree to in carrying out the 
 purpose of the meeting. 
 
 Tlie same doctrine is applied in a recent case (7 Adolph. cfc Ellis, 454) to other 
 resolutions than those for an election. The court say : " The principle, indeed, 
 may be l^est illustrated by the analogy dra^vn from electoral meetings ; but it 
 is, in truth, of a very general nature, and inseparable from the proceedings 
 of any assembly convened for doing some act necessary to be done at that 
 meeting. The majority must do it; otherwise, however necessary, it will be 
 left undone. But what majority? The majority of those who choose to take 
 a part in the proceedings of the assembly. At almost every meeting of com- 
 missioners for executing public works and imposing rates for that pnrpose, it 
 is probable that the resolution is formed by a small nimiber of those who 
 attend, on whom the larger number are content to rely. If it were found as a 
 fact that five had passed the resolution in a room containing twenty, of whose 
 proceedings the other fifteen were ignorant, this would be the undoubted act 
 of the whole meeting, if the proceedings had been conducted regularly and 
 no fraud were practiced to occasion the ignorance of the fifteen. But suppose 
 the twenty v/ere convened to do an act which the law required them to do at 
 that time, and the only open question was as to the mode of doing it ; a mode 
 lawful in itself is regularly submitted, whereupon fifteen declare that though 
 the law has imposed the duty on them they entertain so strong an objection, 
 on grounds of conscience, to the law, that they refuse entirely to concur in 
 obeying it. What must be the consetjuence? Must the law be set at naught 
 and its requirements be disregarded, or must not those wlio stand aloof 
 be considered as refusing to assist in the execution of their duty and leav-
 
 School Disteict Meetings axd Officers. 107 
 
 ing it to be done by tlie minority, wbicli is desirous of doing what is 
 right?" 
 
 The powers of a district meeting, in the order of the statute, ^\ill now be 
 considered. 
 
 1. Tlte organization of the meeting hy the appointment of its officers. 
 
 a. To appoint a chairman for the time being: As the statute directs the 
 appointment of a chairman, he should be so entitled, and not moderator or 
 president. The acceptance of the position does not deprive the chairman of 
 the right to vote upon any question submitted to the meeting. He may either 
 give a casting vote upon a tie, or, when there is a majority of one in favor of 
 any resolution, may vote with the minority, and thus make a tie vote, which 
 defeats the resolution ; or without waiting for this result may, upon the call of 
 yeas and nays by the clerk, vote when his name is reached. He can, however, 
 cast but one vote upon the question. 
 
 It is the chairman's duty to put every question to vote which is made and 
 seconded. If he deems the motion out of order, he should so declare ; if the 
 party making the motion deems his decision upon the point of order erroneous, 
 it is his right to appeal to the meeting from such decision, and, if the appeal is 
 seconded, it is the duty of the chairman to put the question : " Shall the decis- 
 ion of the Chair be sustained ? " If upon such appeal the meeting vote against 
 the decision of the Chair, it is the chairman's duty to put the original question ; 
 a refusal to do so is disorderly, and it is in such case in the power of the 
 meeting to select a new chairman who will conform to its decision. The 
 motion for this purpose may, from the necessity of the case, be put by 
 the clerk. There being no code of rules to regulate the proceedings of district 
 meetings, that must be held to be in order to which a majority consents. Th& 
 office of the chairman is to facilitate the ascertaining of the wishes of 
 the majority. If their determination be illegal, the remedy is by appeal. 
 
 h. The district clerk (see section 37, of this title) must record all the proceed- 
 ings of the district, and it is therefore his duty to be present at all meetings. 
 In his absence the inhabitants can appoint a clerk for the time, whose minute 
 of the proceedings the clerk must subsequently record. The best course is to 
 keep a full minute of all motions, resolutions and votes, and afterward copy 
 them in detail into the record book. 
 
 2. To acljourn from time to time, as occasion may require. — A motion for 
 adjournment takes precedence of all others, for otherwise the meeting might 
 ho kept in session against its will, and for an indefinite period. A majority 
 who were desirous of adjourning could not withdraw without lea\nng all tho 
 powers of the meeting in the possession of the minority. And if any other 
 motion were permitted to take precedence, it might be in the power of a fac- 
 tious minority, by renewing such motions, to wear out the physical endurance 
 of the majority. This motion, however, cannot be received after another 
 question is actually put, and while the meeting is engaged in voting upon it ; 
 but in such case the vote must be concluded and the result announced by the 
 chainuan. If a question bo put for adjournment, it is not an adjournment until 
 the chairman pronoimces it.
 
 108 School Disxracx Meetings and Officees. 
 
 An adjournment is either ■without day or to a specified time. In the former 
 case all propositions upon which the question has not been taken are discontin- 
 ued, and are not taken up at another meeting except upon a fresh proposition. 
 In the latter case it is but a continuance of the session ; all matters pending 
 remain in the same situation in which they were left, and when the meeting 
 again convenes are resumed at the precise point at which they were left. The 
 statute, however, regards an adjournment for more than one month as consti- 
 tuting a new meeting, so far as to require the posting of written notices of the • 
 time and place thereof in four at least of the most public places of the district, 
 at least five days before the time appointed. {See. sec. 37, sub. 3, of this title.) If 
 a special meeting be properly called, or the annual meeting occur in the mean 
 time, its powers in reference to any subject are not impaired by the fact that a 
 previous meeting, having such subject under consideration, stands adjourned to 
 a subsequent day. {See 6 Mdcalf [J/ass. i?ep.], 509.) 
 
 3. The election of district officers. — The officers to be chosen at an annual 
 meeting are, one or three trustees, a district clerk, a district collector, and a 
 librarian. The choice is subject to the limitations contained in sections 
 twenty-three and twenty-four of this title, by wliich a school commissioner or 
 supervisor are ineligible to the office of trustee ; and no trustee can hold the 
 office of district clerk, collector or librarian ; and by which the officer chosen 
 must be a resident of the district and qualified to vote at its meetings. All 
 the officers named are to be elected at the first meeting of the district, and as 
 often as vacancies occur for any cause. In reference to votes cast for disquali- 
 fied candidates, the law is thus stated in 7 Adolph. & Ellis, 437 : " The result of 
 the decisions appears to be this: Where the majority of electors vote for a dis- 
 qualified person in ignorance of the fact of disqualification, the election may 
 be void, or voidable, or in the latter case may be capable of being made good, 
 according to the nature of the disqualification. The objection may require 
 ulterior proceedings to be taken before some competent tribunal in order to be 
 made available, or it may be such as to place the elected candidate on the same 
 footing as if he had never existed aud the votes for him were a nullity ; but in 
 no case are the electors who vote for him deprived of their votes. If the fact 
 becomes known and is declared while the election is still incomplete, they may 
 instantly proceed to another nomination and vote for another cantlidate. If it 
 be disclosed afterward, the party elected may bo ousted, and tire election 
 declared void (by a competent tribunal) ; but the candidate in the minority 
 will not bo deemed ipso facto elected. But where an elector before voting 
 receives due notice that a particular candidate is disqualified, and yet will do 
 nothing but tender his vote for him, he must be taken voluntarily to abstain 
 from exercising his franchise ; and therefore, however strongly he may in fact 
 dissent, and in however strong terms he may disclose his dissent, he must be 
 taken in law to assent to the election of the opposing and qualified candidate, 
 for he will not take the only course by which it can be resisted, that is, help to 
 elect some other person. * * * If he dissents from the choice of A., who is 
 qualified, he mast say so by voting for some other, also qualified ; ho has no 
 right to employ his franchise merely in preventing an election, and so defeat-
 
 School District Meetings and Officers. 109 
 
 ing the object forwhicli lie is empowered and bound to attend. * * * Where 
 the disqualification depends upon a fact which may be unknown to the elector, 
 he is entitled to notice;, for without that the inference of assent could not fairly 
 be drawn, nor could tlie consequences as to the vote be just ; but if the disquali- 
 fication be of a sort whereof notice is to be presumed, none need expressly be 
 given. No one can doubt that if an elector would nominate and vote only for 
 a woman, his vote would be thrown away. The fact would then be notorious, 
 and every man would be presumed to know the law upon that fact." 
 
 A person who is present at the meeting, when elected to any office, will be 
 deemed to accept the same unless he declares his refusal, so that if the meet- 
 lug chooses to excuse him a new election may be had. (See section 28 of this 
 title.) If votes are given for him for an incompatible office, subsequent to such 
 acceptance, it is in his power to elect which of the offices he will hold, and, if 
 present, he should declare which he vacates, that the meeting may at onco 
 proceed to fill it. 
 
 If the meeting in his absence elect him to two offices, he can take the legal steps 
 to qualify himself for the one ho chooses to accept, and the other will be vacant. 
 
 When a meeting has elected its officers, and the vote, whether by ballot or 
 viva vfice, has been declared, by the presiding officer, the power of the meeting 
 is exhausted. It will not be permitted to rescind its vote and annul an elec- 
 tion. The ordinary proceedings of a meeting, such as the voting of a tax, tho 
 designation of a site, and the acceptance or disapproval of a trustee's account, 
 may be reviewed, altered or rescinded, but, an election once made, the person 
 elected has a right to enter upon the duties of the office, and a second election 
 would be an attempt to put another officemin a place already filled. 
 
 The inhabitants have the power and it is their duty to fill every vacancy 
 existing in a district office, notwithstanding it has existed more than one 
 month. If the vacancy has been created by any other cause than the expira- 
 tion of the incumbent's term, it is advisable that a resolution should be passed 
 declaring such vacancy to exist, and expressly stating the ground on which 
 the meeting adjudges the office vacant. Cases are reported where removal 
 from a district, though not such as to forfeit the rights of the party as an 
 inhabitant, and where an actual incapacity to serve, though not declai*ed by 
 law, have been held sufficient to justify treating them as creating a vacancy. 
 In such cases, the officer removing, or becoming incapable, for any reason, of 
 discharging his duties, ought to furnish written evidence thereof by a tender 
 of his resignation. If he omits to do so, it is for tlie ai)pointing power to judge 
 in the first instance whether a vacancy exists ; and altliough it may err in so 
 declaring, the officer appointed will be deemed an officer de facto, and his acta 
 in relation to the public and third persons deemed valid, until his election is 
 pronounced void. 
 
 4. Fixing the amount of the collector''s hand. — By section 83 of this title, tho 
 collector, within ten days after having received notice, and before any war- 
 rant is placed in his hands for the collection of money, must execute a bond in 
 the amount fixed by the meeting, conditioned for the faithful discharge of hia 
 oificial duties.
 
 110 School DisxracT Meetixgs and Officers. 
 
 If the meeting omit to pass any resolution fixing tlie amount of bail, the 
 trustees must fix it at such sum as they deem reasonable. 
 
 5. The selection and designation of school-house sites. — The designation of a 
 site should be made by a written resolution, in which the description should 
 be given by metes and boundaries. The selection may be made in advance by 
 the trustees or any other person, the title investigated, the price agreed on, 
 and all the preliminary tenns of the purchase settled. A survey should be 
 actually made, and the dimensions precisely known. The passage of a resolu- 
 tion designating a site will then be the formal act of the meeting. But the 
 site will not be so detemiined by such a vote as to require a special meeting 
 to change it, until a legal title has been acquired by the execution and delivery 
 of a deed, or by the making of a valid contract for the purchase, which, to be 
 binding imder the statute of frauds, must be in writing, under seal, and sub- 
 scribed by the parties to be bound thereby. 
 
 The question frequently arises whether the district has a title to a site, so 
 as to render a new designation equivalent to an additional site requiring the 
 consent of the school commissioner, or a change of site requiring a meeting 
 called by special notice for that purpose. It is ordinarily started in conse- 
 quence of doubts as to the title of a site actually occupied or claimed by the 
 district, growing out of the want of a deed, or the loss of a deed without its 
 La\'ing been recorded, where one was originally execiited. 
 
 A right in real estate may be acquired either by grant, by deed duly executed 
 and delivered, or by an adverse possession of twenty years under claim of title, 
 in which case the law presumes a grant, or by a valid contract for the convey, 
 ance, where a court of equity will enforce a specific performance, or in tho 
 case of the public by dedication. 
 
 In reference to the first mode : In the case of occupation under a grant, it 
 is not material that the deed has been lost, for the paper itself is but evidence 
 of the fact, and, upon showing its loss, the existence and contents of the deed 
 may be proved by other testimony ; nor is the fact of its not having been 
 recorded material, for the recording act is only for the benefit of purchasers in 
 good faith and without notice, and the possession of real estate is held by the 
 courts to be sufficient notice to put a purchaser upon inquiry as to the rights 
 of the party in possession, and to charge him with notice of all facts to which 
 such inquiry might have led. 
 
 As to the second mode of acquiring title, by adverse possession, it may bo 
 first remarked, that a mere naked possession, without any claim of right or 
 title, will not constitute a defense against one who can prove a better right of 
 possession. The possession of a person who has no title, no right of posses- 
 sion, and sets up no claim of right, will be deemed the possession of the real 
 owner, and will inure to his benefit. 
 
 Many school-house sites in the State arc held by adverse possession. Tho 
 Bchor)l trustees sometimes failed to procure deeds of conveyance, and some- 
 times failed to have them recorded ; and so, in process of time, they have been 
 mislaid and lost, and all evidence of their existence is gone. In all such cases, 
 when the district has claimed title and kept possession for twenty years and
 
 School District Meetings and Officers. Ill 
 
 upward, the title is held adversely. But there must be a claim of title, 
 and this claim must be of the entire title, and one which necessarily excludes 
 the idea of title in any other. An adverse possession must be an actual and 
 hostile possession. It involves an assumption of the right to the land in 
 question, from the time it is alleged to have commenced, and a continued 
 holding with the assertion of right. It must be visible and notorious, and 
 exclude the exercise of ownership by the other party, and must bo hostile in 
 such sense as to indicate intent to occupy exclusively. (9 Wend., 511 ; 9 Johns., 
 180; 5 Cow., 74; 17 Barb., CG3 ; 19 Barb., Gl-1; 2 Sniith\'i S. C, 39; 9 Coiu., 
 530 ; 5 Cow., 346 ; 5 Cow., 539 ; 5 Wend., 533 ; 9 Johns., 174.) 
 
 The district can hold only what land has been actually occupied. If there 
 is no written title, and reliance is placed upon possession with an assertion 
 of title, only so much land can be retained as is under actual improvement. 
 If there has been possession of the house only, and the land on which it 
 stands, then only so much land can be retained. If there has been a yard 
 inclosed by a fence, then all the land that has been so inclosed can be retained. 
 (1 Johns, 158 ; 2 Johns., 234 ; 2 Johns., 230 ; 7 Wtnd., 62.) 
 
 Where there has been an actual occupation of premises in any of the modes 
 above described, an oral claim of exclusive right is sufficient, without the 
 pretension that sush claim is founded upon a written instrument, and a claim 
 of title even under a paper altogether void and inoperative as a deed will yet 
 characterize a possession as adverse. (34 Wend., 604.) The possession is 
 evidence only of such title as the party has asserted. If, therefore, the claim 
 has been only to hold at sufferance, or conditionally, or for a term of years, it 
 can never ripen into a better title. 
 
 If laud has been conveyed to a district to be held so long as it shall be used 
 for a school-house site or for school purposes, then, upon the abandonment 
 of the site, and the removal of the house to some other location (and the house 
 should be removed before the site is abandoned), the land will revert to the 
 original grantor, or to his heirs and assigns. If adjoining land be purchased, 
 and the house removed to the new purchase, but the former premises be still 
 retained and used as a yard or play ground, the district will still hold it. 
 
 If a house has been built upon land held under a lease, and the title has 
 come from the lessee, then the district can hold only during the term of the 
 lease. 
 
 It behooves a district to see that land is not bought of persons who have 
 only a life estate, or a leasehold, or any title less than a fee simple, for it is a 
 general rule that a man cannot grant any higher title or greater estate than 
 he owns.* 
 
 • Adverse Possession. — The provisions of the Code on this subiont are as follows : 
 § 81. Po^senfion premiwd. Occupalion. when deemfd under legal title. — In every action for 
 the recovery of real property, or the possess-ion thereof, the person estahlisihinsr a le^'al titlo 
 to the premises shall be presumed to have been possessed thereof within the lime required 
 by law; and the occupation of t^ueh premises by any other person shall be deemed to luive 
 been under and in subordination to the legal title, luiless it appear that such premise.s 
 have been held and possessed adversely to such legal title for twenty years before the com- 
 mencenitnit of such action. 
 
 § 8>. Occiijxttioa tinder tcnften in.ifrument.— Whenever it shall appear that the occui)ant, 
 or those under whom he claims, entered into possessiou of premises under claim of title,
 
 112 School District Meetings and Officers. 
 
 A district may, in the fourth place, acquire title to a site by dedication, which 
 means the setting apart for public use, in some solemn manner, a lot of land, 
 for a street, or a park, or a square, or a market, or a church, or a school-house, 
 or other public purpose. This may be done by deed, or by a map on Avhich 
 lots are marked oiF for public use. In the case of Fotkr v. Chapin (6 Paige, 639), 
 the inhabitants of a village and others contributed money, labor and materials, 
 and built a school-house for the general benefit of the inhabitants, and the 
 court held that this was a dedication to the village public for the purposes of 
 education, which would be upheld in equity. 
 
 This dedication may be with or without writing, if it be for public, pious, or 
 charitable purposes, provided the person making it devotes it by some open 
 
 exclusive of any other rifjht, foundins^ such claim upon a written instrument, as being a 
 conveyance of the premises in question, or upon a decree or judgment of a competent court, 
 and that there has been a continued occupation and possession of the premises includi'd in 
 Buch instrument, decree, or judgment, or of some part of such premises, under such claim, 
 for twenty years, the premises so included shall be deemed to have been held adversely; 
 except that when the premises so included consist of a tract divided into lots, the posscs- 
 Bion of one lot shall not be deemed a possession of any other lot of the same tract. 
 
 § 83. Adverse jwi!<exnon. — For the purpose of constifuting an adverse possession by any 
 person claiming a title founded upon a written instrument, or a judgment or decree, land 
 shall be deemed to have been possessed and occupied in the following cases: 
 
 1. When it has been usually cultivated and improved ; 
 
 2. When it has been protected by a substantial inclosure ; 
 
 3. Where, although not inclosed, it has been used for the siipply of fuel or of fencing 
 timber, for the purposes of husbandry, or the ordinary use of the occupant; 
 
 4. Where a known farm or a singlelot has been partly improved, the portion of such farm 
 or lot that may have been left not cleared, or not inclosed, according to the usual course 
 and custom of the adjoining country, shall be deemed to have been occupied for the same 
 length of time as the part improved and cultivated. 
 
 a. An adverse possession not founded on any written instrument extends only to the land 
 fenced, cultivated and improved. (Ove)-ing_ v. Rusnell, 32 Barb., 203.) 
 
 b. An adverse possession commenced in the life-time of the ancestor continues to run 
 against his heir, although the heir may be under disability. (Becker \. Van Valkenbiirgh, i'3 
 Barb., 31!).) 
 
 c. A general assertion of ownership irrespective of any particular title will constitute an 
 adverse possession. (Crary v. Goodman, -i-i N. Y., 170'; Miller v. Garlock, 8 Barb., 153; 
 Becfer V. Van Valkenburgh, 29 Barb., 319 ; Fl'ih v. FUh, 39 Barb., 513.) 
 
 § 84 PreinUef! actiiallij ocaqned held adverstly. — When it shall appear that there has been 
 an actual continued occupation of premises, under a claim of title, exclusive of any other 
 right, but not founded upon any written instrument, or a judgment or decree, the premises 
 80 actually occupied, and no other, shall be deemed to be held adversely. 
 
 §8'). Adver.^a possexHon vndir claim not w?'i/ten.— For the purpose of constituting an 
 adverse possession by a person claiming title not founded on a written instrument, or a 
 judgment or decree, land shall be deemed to have been possessed and occupied in the fol- 
 lowing cases only : 
 
 1. When it has been protected by a substantial inclosure ; 
 
 2. When it has been usually cultfvated or improved. {Miller v. Garlock, 8 Barb., I.*)".) 
 
 § 8(J. Relation of landlard ami /</«//(/.— Whenever the relation of landlord and tenant shall 
 have existed between any pcrsous. Hit- possession of the tenant shall be deemed the pos- 
 session of the landlord, until the expiration of twenty years from the termination of the 
 tenancy; or, when there has I)een no written lease, until the expiration of the twenty years 
 from the time of the last jjayment of rent; notwitlistanding that such tenant may have 
 acquired another title, or may have claimed to hold adversely to his landlord. Biit such 
 presum|)tiou shall not be made after the periods herein limited. 
 
 § S7. Descent t'«.</.— The right of a person to the possession of any real property shall not 
 be impaired or affected by a descent being cast in consequence of the death of a person in 
 possession of such property. 
 
 % ^^m Person.^ under difahilltiea.—Xi a person entitled to commence an action for the 
 recovery of real property, or to make an entry or defense founded on the title to real prop- 
 erty, or to rents or services out of the same, be, at the time such title shall first descend 
 or accrue, either — 
 
 1. Within the age of twenty-one years ; or, 
 
 2. Insane ; or 
 
 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense 
 for a term less than for life ; or 
 
 4. A married woman— The time during which such disability shall continue, shall not be 
 deemed any portion of the time in this chajiter limited for the commencement of snch 
 action, or the making of such entry or defense: but such action may be commenced, or 
 entry or defense made, after the period of twenty years, iind within ten years after Iho 
 di-^ability shall cease, or after the death of the person entitled who shall die under such dis- 
 ability ; but such action shall not be comineuced, or entry or defense made after thai period,
 
 School District Meetings and Officers. 113 
 
 and public declaration, or refers to it in deeds, or maps, as a plot, or piece of 
 land set apart for such use ; as if a man should lay out a tract of land into 
 city or ^^llage lots, and mark some of them, "school lot," "market lot," 
 "church lot." {See Fa. State R,p. 444.) All that is required is the assent of 
 the owner of the land, clearly manifesting his purpose to make a permanent 
 appropriation, and the fact of its being used for the public purpose intended by 
 the appropriation. {See 6 Eill, 412.) 
 
 If the district has need of more than one site, the power to designate is 
 qualified, and must be preceded by the consent of the school commissioner, or 
 commissioners, within which the district, or districts, are situated. The pro- 
 vision for more than one site and school-house is intended to obviate the 
 inducements to a division of districts. There are great advantages in large 
 and populous districts ; and it has alwaj'S been the policy of the department 
 to discourage their division, unless it becomes necessary on account of the 
 great distance which children are compelled to travel in going to school. It 
 may often be convenient to have a school-house for very young children 
 separate from that attended by those more advanced. In cases of dissatis- 
 faction with a teacher, there is the opportunity for parents to exercise a choice, 
 without the serious injury to the course of instruction which results from 
 withdrawing their children entirely from the public schools. It may frequently 
 be profitable to hire temporarily a building or rooms for an additional school- 
 house, where there is not such an absolute necessity for it as would prompt 
 the trustees to exercise that power under section 50 of this title. 
 
 In answer, therefore, to the question, what title to a site a district must 
 have, in order to require the consent of the commissioner to the purchase 
 of an additional site, or a change of site requiring a meeting called by special 
 notice for that purpose, it may be said : A title in fee simple, or 2, right to 
 occupy as long as the site is used for school purposes, or as long as a stipulated 
 rent is paid ; or a title by adverse possession, or dedication. In these cases a 
 district may be said to own the site, which is not true when a site is leased 
 for a yeaj or a term of years. 
 
 6. The power of taxation. — Under this head come nine of the sixteen sub- 
 divisions of this section. 
 
 Sub. 7. A tax to purchase or lease a site and to hire, build, or purchase 
 Bchool-houses. 
 
 It is not necessary to designate a site before laying a tax to build a school- 
 house. (17 Wend., 437 ; 3 Denio, 116.) The same rule will apply to a tax for 
 the purchase of a site. The inhabitants may vote such tax as they " deem 
 sufficient," and if, upon the selection of a site and the negotiation for its 
 purchase, the tax is found to be, in fact, insufficient, may vote a further tax. 
 If it be found unnecessarily large, they may vote to refund the excess to the 
 tax payers or appropriate it to any purpose for which they have power to lay 
 a tax. {Com. School Bee, 315.) There is no limitation to the amount which 
 may be voted for the purchase of a site, and the expense of investigating the 
 title and recording the deed may legitimately be included. The purcliase 
 of additional ground to enlarge the site is not a change of site, and does not 
 15
 
 114 School Disteict Meetings and Officers. 
 
 require tlie vote of a meeting called by special notice, uvjr the consent of the 
 school commissioner. It is not micommon for districts to hold laud under 
 lease, granting it for a consideration, paid in advance, so long as the same 
 shall be used for the site of a school-house or the purpose of a district school. 
 It is greatly to be preferred tliat the district should obtain an indefeasible 
 estate in fee simple, and, whenever possible, it should be procured, and since 
 the statute {chap. 800, Laws of 1806) has authorized the compulsory taking 
 of land for sites, by right of eminent domain, there is no' longer any necessity 
 for leasing a site, and it is recommended to districts, whenever they cannot 
 purchase an indefeasible estate in fee simple, that they resort to the law 
 which now gives them power to select in every district the most eligible 
 situation for their schooi-house. 
 
 In cases where heretofore land has been leased, the question will frequently 
 arise as to the right of the district to the school-house at the expiration of the 
 term for which the land is held. The law is thus stated by Judge Harris (7 
 Barb., 266): "Any one who has a temporary interest in land, and who makes 
 additions to it or improvements upon it for the purpose of the better use or 
 enjoyment of it, while such temporary interest continues, may, at any time 
 before his right of enjoyment ceases, rightfully remove such additions and 
 improvements. If he omit to sever the addition or improvement until his 
 right of enjoyment ceases, such omission is to be deemed an abandonment of 
 his xijjht, and thereafter the addition or improvemeut he has made becomes, 
 to all intents, a part of the inheritance, arid the tenant, as well as any other 
 person who severs it, becomes a trespasser. I think this may now be stated to 
 be the general rule in respect to tistures which a tenant attaches to the free- 
 hold. To this extent has the original rule of the common law yielded to the 
 changed condition of society. There may be exceptions to the general rule I 
 have stated, but I think they will be found limited to cases where the removal 
 of the additions or improvements made by the tenant would operate to the 
 prejudice of the inheritance, by leaving it in a worse condition than when the 
 tenant took possession." 
 
 A tax voted for the purchase of a site cannot be voted by installments. ■ 
 While it is no objection to a tax that a title has not been acquired, it is the 
 duty of the trustees not to part with the money without receiving a convey- 
 ance, and, in respect to this duty, a question frequently arises about incum- 
 brances by way of mortgage. The vote appropriating money for the purchase 
 of a site is to be construed as limiting the amount the district can at any time 
 be called upon to pay for it, and tln^-efore implies (unless the contrary expressly 
 appears) a title free from any incumbrance. Where a portion of a tract subject 
 to mortgage is purchased, the rule of law is that iipon a foreclosure the land 
 remaining the property of the mortgagor shall be first sold, and if that prove 
 insufficient to satisfy the mortgage, then that which he has conveyed is to bo 
 sold in the inverse order of alienation ; that is to say, that which he conveyed 
 latest is be sold first. It may frequently happen that the district will have 
 ample security, in the land retained by the person from whom it derives titlo 
 to a site, for its indemnity against a mortgage, and that the existence of a
 
 School District Meetings and Officers. 115 
 
 mortgage, covering land greatly exceeding in value the amount Recured 
 thereby, will be but a nominal incumbrance and no serious olijcction to tho 
 title. If this be clear, however, there will ordinarily be little difficulty in 
 procuiing from the holder of the mortgage a relea*:e of the site from 
 its lien. If the trustees fail in obtaining it, they will be justified in requiring 
 an express vote of the district, after laying the facts before a meeting, before 
 paying for tho site or making any expenditure or contract for building 
 upon it. 
 
 In regard to the power to vote a tax for a school-house, the question sometimes 
 arises how far it is permissible that the house should be connected with other 
 erections made for different purposes, and subject to other control than that of 
 the district. It is held that there can be no partnership in the erection of a 
 school-house Avhich will prevent the district from controlling it entirely for the 
 purpose of a district school, and that a tax cannot be voted for a building for 
 joint use, as a church and school house or an academy and school-house. {Com. 
 School Dec, 201, 290.) It is not essential, however, to constitute a house, that 
 it should include the whole of the building in which it is contained. Apart- 
 ments, with an outer door to each, and ha'sang no communication with each 
 other, are considered as distinct houses, though they originally made but one. 
 (6 Mod. R., 214.) In 6 Mete, 510, the supreme court of Massachusetts held that 
 " if, under color of this corporate power of a district, the district should vote to 
 erect an expensive and ornamental building, with a view to improve the neigh- 
 borhood, to enhance the value of real estate, to accommodate societies, lectur- 
 ers, dramatic exhibitions, or even to have a convenient place for religious 
 meetings or public worship, or for any other use than that of a district school, 
 it would not be within the legitimate authority of a school district, and any 
 vote to levy a tax on the inhabitants for such purpose would be void." In that 
 very case, however, the court sustained a tax of ijpljTOO, voted with liberty to 
 certain persons "to build a hall over the school-house, with the privilege of an 
 entrance and stair-way in the front entry of said house, in consideration that 
 the district may have the use of said hall, free of charge, for all school district 
 meetings, for all examinations of its schools, and for the delivery of lectui'es 
 on the subject of education, no public meeting being held in said hall during 
 the usual school hours unless by consent of the prudential committee of the 
 district, and the proprietors of said hall insuring the whole building." In 1 
 Mttc, 541, it was held that tenements are as essentially distinct when one is 
 under the other, as where one is by the side of the other ; and in 4 Mass. B., 
 57G, the court say that " in legal contemplation, each of the parties has a dis- 
 tinct dwolling-houso, adjoining togctlier, the one being situated over the other. 
 Tlie lower room and the cellar are the dwelling-house of the defendant ; the 
 chamber, roof and other parts of the edifice are the plaintiff's dwelling-house." 
 {See also 10 Conn. J?., 318.) 
 
 While it is very desirable that every district should own an ample and com- 
 modious school-house, entirely separate from every other building, it sometimes 
 happens in feeble districts that the scantiness of their means renders it necessary 
 to consult economy by uniting with a religious society or other association in
 
 116 School District Meetings and Officers. 
 
 erecting two houses under the same roof ; the upper story, for example, being 
 a church or town hall, while the lower is a school-house. 
 
 No legal objection is conceived to exist to such an arrangement, provided 
 the district secures, by proper covenants : First, The undivided control at all 
 times of the school-rooms and of the doors and passages affording access thereto. 
 Second, That the other rooms shall not be used at any time during school 
 hours for an assemblage or purpose which can distract the attention of pupils, 
 or interfere, by noise or otherwise, with their instruction. Third, That the 
 parties using the other rooms shall pay the whole, or a definite proportion, of 
 the expense of such repairs upon those rooms, or the roof or other parts of the 
 building, as the district shall, from time to time, deem necessary for maintaining 
 the school-house in good condition and protecting it from injury by leakage or 
 otherwise. Fourth, That those parties shall pay the expense of any insurance 
 necessary to protect the district from the increased' risk of fire, caused by any 
 use to which the other parts of the building may be put. The best mode to 
 secure the performance of these covenants is for the district to insert them as a 
 condition, in a lease of the rooms, to be executed by the trustees — the district 
 retaining the general title to the site and every thing upon it — and the lease 
 to terminate upon a breach of any of the conditions, besides authorizing, in 
 express terms, the trustees to recover any damages the district may sustain by 
 a failure to perform any of the conditions. It should also contain an express 
 proWsion that whenever a district meeting shall determine that the residue of 
 the building is needed for school purposes, the same shall become its property 
 upon payment of the then appraised value of the labor and materials used in 
 its construction. 
 
 A fence, separate privies for the two sexes, wood-house, stoves, stovepipe and 
 bell have been held to be necessary appendages to a school-house, or rather 
 that it is within the discretion of a district meeting to adjudge them such and 
 vote a tax therefor. 
 
 Sub. 8. A tax for maps, globes, blackboards and other school apparatus, and 
 for the purchase of text-books and other school necessaries for the use of poor 
 scholars of the district, not exceeding $25. 
 
 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 county. Globes, also, are desira- 
 ble. Large blackboards, in frames or plaster, are indispensable to a well con 
 ducted school. The ojicrations in arithmetic performed on them enable the 
 teacher to ascertain the degree of the pupils' acquirements 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 tho 
 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 
 tip in the room. Indeed, the whole school apparatus now provided by respect- 
 able dealers is eminently calculated to facilitate the acquisition of knowledge 
 and to render it asfrecable.
 
 School District Meetings and Officers. 117 
 
 There is some difficulty in limiting definitively tlie meaning of the words, 
 Bchool apparatus. Few would hesitate to admit that a copy of any good dic- 
 tionary, or an atlas for reference by teacher and pupils, came fairly within the 
 intent of the statute. If the inhabitants should deem it proper to furnish, by 
 tax, text-books to bo used by tlie pupils in school, the statute gives them a 
 reasonable discretion. A change in text-books is a heavy charge upon the poor, 
 and the district would act in the spirit of this law by voting at every annual 
 meeting a sum. of money to be used by the trustees in the pui-chase of text- 
 books for poor scholars. 
 
 Sub. 9. It is believed that tlie loss and decay of the district libraries have 
 been greatly owing to the neglect of the district to purchase suitable book- 
 cases. Ten dollars a year would be a small sum for any district to expend for 
 good books. If this sum had been added to the library money annually dis- 
 tributed since 1838, every district in the State would have had a good collection 
 of books. It may be safely asserted that the family, the neighborhood, the 
 village, or the city that has access, daily, and constantly, to a good library, wUI 
 exceed those denied such privilege, in education, intelligence, and morals. 
 
 Subs. 10 and 15. If the power granted in subdivision 15 to raise twenty-five 
 dollars, for anticipated deficiencies and contingencies, be annually used, it will 
 be hardly ever necessary to exercise that given in subdivision 10. 
 
 Sub. 11. School-houses should always be insured to an amount equal to two- 
 thirds of their value. The insurance must be in companies incorporated by or 
 under the laws of this State. 
 
 Sub. 13. To vote a tax for the purchase of a book for the purpose of recording 
 the proceedings of their respective districts. The importance of full and exact 
 records of district proceedings cannot well be exaggerated. They ought to be 
 so kept as to show upon their face every fact of which it might be necessary 
 to give evidence in a suit at law, in order to establish the validity of every 
 resolution adopted. For example, the order of the trustees for calling a meet- 
 ing, the return of the clerk showing upon whom and in what manner he had 
 served notice, the consent of the school commissioner or supervisor when 
 required to authorize a proceeding, might much better be engrossed in the 
 book of records, in the first instance, than left to rest upon the uncertain 
 custody of loose pieces of paper. It may be necessary to prove the facts at a 
 remote period of time ; and the way to avoid controversy in respect to them is 
 always to act upon the presumption that controversy will arise, and to prepare 
 the evidence, in advance, to meet it. The habit of doing this will of itself do 
 much to preclude all opportunity for cavil. 
 
 It is always desirable that the records should show who were present and 
 took part in the proceedings of each meeting. For this purpose the orderly 
 method of proceeding would be for the clerk (or person officiating as such), 
 immediately after the organization of the meeting, to read the order under 
 wliich it was called, and the list from his return of the persons on whom he 
 served notice, requesting each one present to answer as his name is read ; 
 noting, upon the minutes : " On reading the clerk's return of the inhabitants 
 on whom he had served notice, the follo%ving were found to be present, viz. :
 
 118 School District Meetings and Officers. 
 
 Abraham Jackson, Abraham Jackson, Jr., etc." At an annual meeting, for 
 ■which no personal service of notice is necessary, the clerk could call the roll 
 from a list of the inhabitants alphabetically arranged. In either case ho 
 ehould note on the minutes the presence of every voter, although no notice had 
 been served upon him. 
 
 If any person offering to vote is challenged, the fact should be noted in the 
 minutes, and also whether he made or declined making the declaration 
 required by law. This is important, because no person will be permitted to 
 question the proceedings of a meeting on the ground of the illegality of a 
 vote, if he stood by and saw it offered without objection, unless he shows him- 
 Belf to have been ignorant of the facts which Avould have required him to 
 object. Nor will the illegality of the vote be regarded unless it affected the 
 result, and, therefore, it is highly desirable that the minutes should show how 
 each person voted on each proposition submitted to the meeting. The Chris- 
 tian names of the voters should be given, and not merely their initials. 
 
 It is proper, but not legally necessary, that the minutes should be read over 
 to the meeting, for its approval or correction, if need be, before the adjourn- 
 ment. In order to enable the clerk to do this, all resolutions should be reduced 
 to writing before the question upon them is taken. 
 
 As the cost of a little paper is of the most trifling consequence in compari- 
 son Avith the advantages of haxiug a neat and accurate history of district 
 proceedings in a shape for .convenient consultation, it would be well for each 
 district to provide a book of records, of at least foolscap size, firmly bound, 
 and with a sufficient number of pages to contain ample records for a series of 
 years. 
 
 Sub. 14. Moneys lost and embezzled by district officers are recoverable, ir 
 the first place from such officers, and secondly from their bail. But before it 
 would be possible in a suit at law to regain the money so embezzled, or lost, 
 the district may be required to pay debts, and liabilities that cannot be post- 
 poned — hence the propriety of this provision. 
 
 What are reasonable expenses must be left to the judgment of the trustees 
 and the discretion of the inhabitants. A bill of expenses should always bo 
 kept and presented by district officers, or the district might reasonably refuse 
 to pay. 
 
 Sub. 1G. The deficiency heretofore made up by a rate bill must hereafter be 
 supplied by a tax. The increase of the State tax will enable many districts, 
 and it is hoped a majority of them, to keep a school twenty-eight weeks, 
 without a resort to district taxation. The law does not specify the time when 
 this deficiency shall be provided for. The better course in all the districts in the 
 State will be to vote a tax for the several purposes named in the eighth, ninth, 
 tenth, eleventh, thirteenth, fifteenth and sixteenth subdivisions, at the annual 
 meeting. A single resolution reciting the amount to be raised for each purpose 
 would be sufficient. The whole could then be collected in one tax list, and by 
 one warrant. * 
 
 There is another reason why the meeting should provide beforehand for this 
 deficiency. It will be small in most districts but the amount will be necessary
 
 School District Meetings and Officers; 119 
 
 to enable the trustees to pay the teachers in full at the close of their school. 
 The delay and expense to which teachers have been subjected in getting their 
 wages liave been the crying evil of our school system. So long as the wages 
 of a teacher were to be assessed upon the patrons of the school in proportion to 
 tlie attendance of their children, it was impossible to determine how much each 
 patron would be required to pay, until the close of the school, for the rate bill 
 could not be made out until the teacher's daily register was complete for the 
 whole term. But now the trustees can tell within a few dollars how much 
 their school will cost, and the money may better be voted at the annual meet- . 
 ing than to wait until the close of each term. 
 
 The law makes it the duty of the trustees to hire a teacher, and keep a school 
 for twenty-eight weeks, and if the inhabitants neglect, or refuse to vote a tax, 
 the trustees are empowered by this subdivision to raise "any reasonable 
 tax necessary to pay the balance of teachers' wages remaining unpaid." The 
 wiser course, therefore, will be for the district at the annual meeting to provido 
 for all the reasonable expenses for the year. 
 
 Where a tax is voted by the inhabitants for any purpose, the specific amoun'.; 
 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 pro\ided 
 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 ot 
 their liability and the mode of its application. There may be cases, however, 
 where the necessary amoimt to be raised cannot be ascertained with any 
 a] >p roach 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 specified, and 
 the trustees are then authorized by section 51, of this title, 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 provision was held in 4 Dmio, 248, to cover a case where 
 the trustees were directed to build a house of specified dimensions and to let 
 the job of building to the losvest bidder, Avhich had the eticct of restricting the 
 expense to a less sum than four hundred dollars ; and the court say that " if 
 the district had left the whole to the discretion of the trustees, and they had 
 kept within the four hundred dollars, the act would have authorized the raising 
 of the money." {See also 5 Hill, 44) It was held by Superintendent Young 
 that 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. This general delegation of authority should, 
 however, be resorted to only in cases of necessity. 
 
 It was held (24 Wend., 26G) that the direction in the vote of a tax for repairs, 
 that the collection was to bo postponed until the repairs were done, did not 
 invalidate the resolution or the tax, the tax list being made out thirty days after 
 tlie vote. 
 
 Sui5. 12. The power to alter^ repeal and modify their proceedings from time to time, 
 as occasion may require. — The power to repeal procedings must be exerted 
 before they have been carried into effect, so that other parties have acquired
 
 120 School District Meetings and Officeks 
 
 rights or incurred responsibilities under them. Thus, where a tax list and 
 warrant had been made out but not delivered to the collector, the inhabitants 
 were held to have the power to rescind the vote imposing the tax (4 Hill, 109), 
 but not where the greater part had been collected (4 Barb., 25). Where trus- 
 tees have made a contract under the authority of the district, it is in eflFect the 
 contract of the district, and it is beyond its power to rescind the contract by 
 repealing the resolution in pursuance of which it was made. A full release of 
 damages from all persons having acquired any right of action, or the restora- 
 tion of things to the same condition as they were in when a resolution was 
 passed, might give the district the right to repeal or modify it. 
 
 Any resolution directly or necessarily repugnant to a previous one repeals it ; 
 and the rule in relation to statutes is laid down (3 Uow., U. S. R., 636), that if a 
 Fubsequent statute be not repugnant in all its provisions to a prior one, yet if 
 the latter statute was clearly intended to prescribe the only rule that should 
 govern in the case provided for, it repeals the prior one. As repeals by impli- 
 cation are not favored by the courts, it is advisable that a resolution should be 
 repealed in express terms, where such is the intention. Wlien this is proposed 
 at the same meeting (including adjourned sessions thereof) at which the reso- 
 lution was passed, it is usually by a motion for reconsideration. The general 
 parliamentary rule is, that the motion to reconsider can only be made by a per- 
 son who voted with the successful side upon the question to be reconsidered. 
 The reason of the rule is, that but for it the members in the minority might 
 exhaust the time of the meeting fruitlessly ; for it is to be presumed that the 
 vote will be the same, unless the contrary is shown by some person who voted 
 with the majority indicating a change of mind. It has been held that this rule 
 does not prevail in a district meeting unless the meeting adopts it. In that 
 case the majority of the meeting chose to disregard it. Nevertheless it is a very 
 proper rule of order to be applied by the chairman, subject to a reversal on an 
 appeal to the meeting from his decision ; when, if a majority wish to recon- 
 sider, they can indicate it by overruling him. If a motion to reconsider is car- 
 ried, the resolution to which it relates is open to amendment, and, if not again 
 passed in its original or an amended form, is rejected. If, -nithout taking the 
 question on the original resolution a second time, the meeting separates for an 
 adjourned session, it may then be called up and adopted or rejected. 
 
 The unqualified repeal of a repealing statute revives the original enactment. 
 This rule was applied, in 2 Denio, 233, to a vote on the 5th December, repeal- 
 ing a vote of November 25th, which latter repealed the vote for a tax, passed 
 October 7th, and it was held that the vote for a tax was renewed on the 5th 
 December, though a tax list made out iinder the original vote fell to the 
 ground, and a new one was required to be made after December 5th. 
 
 It is obvious that the meeting cannot do, under the form of reconsidering or 
 modifying a former proceeding, what it could not do directly ; and therefore, 
 though it may rescind a resolution designalkig or changing a site, it cannot 
 adopt a new one, unless it was called, or be an adjourned meeting which was 
 called, by a special notice for that purpose.
 
 School District Meetings and Officers. 121 
 
 SECOND ARTICLE. 
 Of district school-houses and sites. 
 
 § 17. No scliool-house shall be built so as to stand, in wliole or 
 in part, upon the division line of any two towns. 
 
 § 18. No tax voted by a district meeting for building, hiring 
 or purchasing a school-house, exceeding the sum of one thousand 
 dollars, shall be levied by the trustees, unless the commissioner, 
 in whose district the school-house of said district is situated, shall 
 certify, in writing, liis approval of such larger sum. 
 
 It is the tax that is limited to §1,000, not the e^p?nse of buildinjir Ihe house, 
 which may include, in addition, the avails of the sale of the former house and 
 site. If, after the expenditure of $1,000 in building the house, the tax is 
 found insufficient to finish it, the commissioner may certify that the further 
 sum necessary, specifying it, ought to be raised, and the inhabitants may vote 
 a tax for the amount so certified. {Com. School Dec, 258.) If this additional 
 amount prove insufficient, the commissioner may again certify and the inhab- 
 itants vote a further tax. {Id., 340.) 
 
 The commissioner whose certificate is to be obtained is the one having 
 jurisdiction of the town in which the school-house is to be erected. The law 
 forbids the division of a town in forming an Assembly district or in dividing 
 a county into school commissioners' sections. Section 17 of this title also 
 provides that " no school-house shall be erected so as to stand on the di\ision 
 line of any two to^^iis." 
 
 The limitation of this section applies only to the school-house. The amount 
 of tax wliich may be voted for purchase or lease of site, and for repairs, 
 furniture, fuel and appendages, is left wholly to the discretion of the district. 
 
 § 19. Whenever the majority of all the inhabitants of any school 
 district entitled to vote, to be ascertained by taking and recording 
 the ayes and noes of such inhabitants attending at any annual, 
 special or adjourned school district meeting, legally called or held, 
 shall determine that the sum proposed and provided for in the 
 next preceding section shall be raised by installments, it shall be 
 the duty of the trustees of such district, and they are hereby 
 authorized, to cause the same to be raised, levied and collected in 
 equal installments, in the same manner and Avith 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 
 mstalhnents, with interest thereon as they become payable, accord- 
 ing to the vote of the said inhabitants ; but the payment or col- 
 16
 
 122 School District Meetings and Officers. 
 
 lection of the last installment 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 that was had 
 to impose such tax. 
 
 No other tax can be raised by installments under tliis section than one for 
 building, hiring or purchasing a school-house, and in that case only when it 
 exceeds $1,000. The installments must be equal, and cannot be distributed in 
 unequal amounts. A majority of the voters present may (with the certificate of 
 the commissioner) lay the tax to be collected immediately, but it is required 
 that they shoiUd also constitute a majority of the inhahiiants entitled to vote 
 attending for the purpose of directing the manner of its collection by install- 
 ments. 
 
 The general practice has been, and it is believed to accord best with the 
 intent of the statute, for the trustees to make out their tax list for the first 
 installment upon the taxable property as it then exists, and for their successors 
 to make separate tax lists thereafter upon the taxable property as it exists at 
 the time the installments respectively become payable. Persons may thus 
 bacome subject to the tax who had no means of resisting its imposition ; but 
 the erection of a school-house is to be regarded as a peraianent benefit to the 
 district, and they voluntarily assume the burden of paying for it by becoming 
 inhabitants. It would seem necessary that the warrant for the collection of 
 the last installment should be returnable within five years from the time 
 of taking the vote, and therefore that the tax list for it should be made out at 
 least thirty days before that time. 
 
 The installments may be semi-annual, annual, or biennial, or at whatever 
 intervals the meeting may detennine. In levying the tax for the payment of 
 each installment, as it falls due, the trustees are authorized to add the interest 
 due on it. 
 
 § 20. So long as a district shall remain unaltered, the site of a 
 school-house owned by it, upon which there is a school-house 
 erected or in process of erection, shall not be changed, nor such 
 school-house be removed, 'unless by the consent, in Avriting, of the 
 supervisor or supervisors of the town or towns within which such 
 district shall be situated, stating that, in his or their 0])inion, 
 such removal is necessary ; nor with such consent, unless a 
 majority of all the legal voters of said district, present and 
 voting, to be ascertained by taking and recording the ayes and 
 noes, at a special meeting called for that purpose, shall be in 
 favor of such new site.
 
 School District Meetings and Officers. 123 
 
 Any alteration of the territory of the district, however trifling, made sub- 
 sequent to the building or purchase of a school-house, dispenses with the 
 necessity of the consent of the supervisor to authorize a district meeting to 
 change the site of that school-house, but no change of the inhabitants consti- 
 tutes an alteration unless accompanied by a change of boundaries. 
 
 The site may be changed, so far as the prohibition of this section affects 
 the question, at any time before a school-house standing thereon shall have 
 been built or purchased. But after the site has been purchased, or the trustees 
 have made themselves legally responsible by a valid contract to purchase it, 
 in pursuance of a resolution of the district, it becomes an established site, so 
 that the resolution cannot be rescinded, under the general principle that a 
 resolution wliich has been executed cannot be revoked to the prejudice of those 
 who have acquired rights under it. {Com. School Dec , 182.) 
 
 If the title to a site fails, the designation of a new one is not to be regarded 
 as a change of site. The resolution in such case should recite the fact that 
 the district is destitute of a site, in consequence of its title to one formerly 
 occupied having failed by the termination of a lease, judgment in an action 
 of ejectment, or whatever other circumstance may have brought it to an end. 
 
 The majority requisite to a change of site is a majority of those present and 
 voting, as ascertained by taking and recording the ayes and noes at a special 
 meeting called for that purpose. A district meeting may pass a resolution to 
 change the site without ha\ang obtained the supervisor's consent ; but such 
 resolution cannot be carried into effect until his consent has been given. ■ 
 
 It is not enough for him to consent to a removal. He must certify to the 
 necessity of the change. 
 
 In a district composed of parts of two towns, both the supervisors must 
 unite in the certificate ; if composed of three or more, the case comes under the 
 provision of section 27, title 17, chapter 8, part 3, of the Revised Statutes : 
 " Whenever any power, authority or duty is confided by law to three or more 
 persons, and whenever three or more persons are authorized or required by 
 law to perform any act, such act may be done, and such power, authority or 
 duty may be exercised and performed by a majority of such persons or officers, 
 upon a meeting of all the persons or officers so intrusted or empowered, imless 
 special provision is otherwise made." 
 
 The act in this case being of a judicial character, all must meet and confer, 
 but a majority may decide. The certificate should state that all met. 
 
 § 21. Whenever the site of a, school-house shall have been 
 changed, as herein provided, the inhabitants of a 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 
 Bale of the former site or lot, and the buildings thereon and 
 appurtenances, or any part thereof, at such price and upon such 
 terms as they shall deem proper ; and any deed duly executed by 
 the trustees of such district, or a majority of them, in pursuance
 
 124 School District Meetings and Officers. 
 
 of such direction, shall be valid and effectixal to pass all the estate 
 or interest of such school district in the jjremises, and when a 
 credit shall be directed to be given upon such sale for the con- 
 sideration money, or any part thereof, the trustees are hereby 
 authorized to take in their corporate name such security, by bond 
 and mortgage or otherwise, for the payment thereof, as they shall 
 deem best, and shall hold the same as a corporation, and account 
 therefor, to their successors in office and to the district, in the 
 manner they are now required by law to account for moneys 
 received by them ; and the trustees of any such district for the 
 time being may, in their name of office, sue for and recover 
 the moneys due and unpaid upon any secui'ity so taken by them 
 or their predecessors. 
 
 Neither the trustees nor the inhabitants have any power to sell land belong- 
 ing to the district, unless it be the site of a school-house, for wliich a new one 
 has been substituted 
 
 If any credit is to be given upon the sale, the inhabitants in district meetings 
 should, by resolution, specify the exact terms thereof, and should also fix the 
 lowest price to be accepted. When a bond and mortgage are executed, they 
 should run, to " A. B., C. D. and E. F., trustees of school district No. , 
 
 in the town of , and their successors in office or assigns." 
 
 The trustees become personally resjionsible to the district for the amount 
 bid at the sale as for so much cash received, unless they take a bond and 
 mortgage or some other security. This implies some pledge or obligation 
 collateral and in addition to the personal responsibility of the purchaser, such 
 as the signature of a solvent indorser or surety to a promissory note, in accept- 
 ing which they are responsible for the same care which a prudent person 
 would exercise in taking security for a debt due to himself. 
 
 § 22. All moneys arising from any sale made in pursuance of the 
 last preceding section, shall be applied to the expenses incurred in 
 procuring a new site, and in removing or erecting thereon a 
 school-house, and improving and furnishing such site and house, 
 and their appendages, so far as such application shall be necessary ; 
 and the surplus, if any, shall be devoted to the purchase of school 
 apparatus and the support of the school, as the inhabitants at any 
 annual meeting shall direct. 
 
 If the money is not necessary to pay for a now site or remo\nng or erecting 
 a school-house, it may be appropriated by the district to any purpose for which 
 it would be authorized to levy a tax ; and in the absence of any vote by the 
 district the trustees may appropriate it to any purpose, such as the purchase of
 
 School DisxRict Meetings asd Officers. 125 
 
 fuel, or the rent of temporary scliool rooms, for wliicla they are authorized to 
 levy a tax without a vote of the district. 
 
 THIRD ARTICLE. 
 
 Of the qiialijication, election, choice and terms of office of district 
 and neighborhood officers, and of vacancies in such offices. 
 
 § 23. No school commissioner or supervisor is eligible to the 
 office of trustee, nor can either be a member of any board of edu- 
 cation within his district or town ; and no trustee can hold the 
 office of district clerk, collector or librarian. 
 
 The reason of these prohibitions may be found in the incongruity of a man's 
 holding two offices by one of which he is subject and responsible to himself in 
 his other capacity. If a supervisor were also trustee, he would as supervisor 
 hold money that he is forbidden to hold as trustee, and could as trustee draw 
 orders on himself as supervisor. There is the same incompatibility between 
 the offices of trustee and collector, or district clerk, or librarian. 
 
 § 24. Every district and neighborhood officer must be a resident 
 of his district and neighborhood, and qualified to vote at its 
 meetings. 
 
 See section 11, of this title, for what constitutes residence ; and section 12 for 
 the qualification of voters. 
 
 Removal from the district will vacate any district office. 
 
 As to votes cast for disqualified persons, see comments on the election of 
 district officers under section 16 of this title. 
 
 § 25. From one annual meeting to the next is a year, within the 
 meaning of the following provisions : The term of office of a 
 trustee of a neighborhood and a sole trustee of a district is one 
 year. The full term of a joint trustee is three years, but a joint 
 trustee may be elected for one or for two years, as herein provided. 
 The term of office of all other district and neighborhood officers 
 is one year. Every district and neighborhood officer shall hold 
 his office unless removed, during his term of office, and until his 
 successor shall be elected or appointed. 
 
 Persons appointed by the supervisor to fill vacancies in the office of trustee 
 are entitled to hold over until their successors shall be elected, the same as 
 those elected to that office.
 
 126 School District Meetings and Officers. 
 
 § 26. The terms of all officers elected at the first meeting of a 
 newly erected neighborhood or district, except of a union free 
 school district, shall exjjire on the second Tuesday of October, 
 next thereafter, 
 
 § 27. On the second Tuesday of October next after the erection 
 of a district, at its first annual meeting, the electors shall deter- 
 mine, by resolution, whether the district shall have one or three 
 trustees, and if they resolve to have three trustees shall elect the 
 three for one, two and three years respectively, and shall desig- 
 nate, by their votes, for which term each is elected. Thereafter 
 in such district, one trustee shall be elected at each annual meet- 
 ing to fill the ofiice of the outgoing trustee. The electors of any 
 district having three trustees shall have power to decide, by reso- 
 lution, at any annual meeting, whether the district shall have a sole 
 trustee, or three trustees, and, if they resolve to have a sole trustee, 
 the trustee or trustees in office shall continue in office until their 
 term or terms of office shall expire, and no election of a trustee 
 shall be had in the district until the offices of such trustee or trus- 
 tees shall become vacant by the expiration of their terms of office 
 or otherwise, and thereafter but one trustee shall be elective for 
 said district. 
 
 Any district having three trustees may by resohition passed at any annual 
 meeting vote to have but a single trustee. But, having so determined, the dis- 
 trict has no power to resolve again to have three trustees, and any subsequent 
 election of more than one trustee vnll be illegal. If any districts, in disregard 
 of this section, have elected three trustees, after having resolved to have but 
 one, the question may arise which one of the persons voted for would be the 
 legal trustee. Unquestionably the one first elected in the order of time. Having 
 elected one trustee, and thus having exhausted its power, votes subsequently 
 cast for others arc illegal and void. If the three trustees are elected on the 
 same ballot, then the one designated to serve for one year wll be the legal and 
 Bole trustee. 
 
 § 28. It shall be the duty of the district clerk, and of the neigh- 
 borhood clerk, or of any person Avho shall act as clerk at any dis- 
 trict or neighborhood meeting, when any officer shall be elected, 
 forthwith to give the person elected notice thereof in writing; and 
 such person sliall be deemed to have accepted the office, unless, 
 within five days after the service of such notice, he shall file his 
 written refusal of it with the clerk. The presence of any such
 
 School District Meetings and Officers. 127 
 
 person at the meeting which elects him to office shall be deemed 
 a sufficient notice to him of his election. 
 
 When legal notices arc required to be given " forthwith," the word has been 
 held to mean " within twenty-four hours." 
 
 § 29. The collector vacates his office by not executing a bond to 
 the trustees, as hereinafter required, and the trustees may supply 
 the vacancy. {See sec. 83 of this title.) 
 
 § 30. In case the office of a trustee shall be vacated by his death, 
 refusal to serve, incapacity, removal from the district or neighbor- 
 hood, or by his being removed from the office, or in any other 
 manner, and the vacancy be not supplied by a district or neigh- 
 borhood meeting within one month thereafter, the supervisor of 
 the town within which the school-house or principal school-house 
 of the district is, or within which the neighborhood or any part 
 thereof is, may, by a writing under his hand, appoint a competent 
 person to fill it. 
 
 The power of the supervisor under this section, and of trustees under section 
 S3, to fill vacancies, is confined strictly to vacancies resulting from the causes 
 above specified. They are not to assume to set aside an election on the ground 
 of a legal incapacity existing at the time, and which the voters disregarded. 
 They must, from the necessity of the case, adjudicate upon the question of 
 fact whether a vacancy exists, and, in the written order making an appoint- 
 ment, should expressly state the facts Avhich have caused a vacancy. 
 
 A refusal to serve is not the defective performance or omission of a particu- 
 lar act, but a general non-performance of the duties of the office. (6 Cuwen, 479.) 
 
 § 31, A trustee who publicly declares that he will not accept 
 or serve in the office of trustee, or Avho refuses or neglects to 
 attend three successive meetings of the board, of which he is duly 
 notified, without rendering a good and valid excuse therefor to 
 the other trustees, or trustee, where there are but two, vacates 
 nis office by refusal to serve. 
 
 § 32. Any vacancy in the office of district clerk, collector, or 
 librarian, may be supplied by appointment under the hands of the 
 trustees of the district, or a majority of them, and the appointees 
 shall hold their resi)ective offices until the next annual meeting of 
 the district, and until others are elected and take their places. 
 
 Under this section, and by the last sentence of section 25, if the annual m'^et 
 ing passes by without an election, all the officers of the district, whether hokling
 
 128 School District Meetings and Officers. 
 
 by election or appointment, will legally retain office until their successors are 
 elected, or appointed and take their places. At any annual meeting, or at 
 any special meeting duly assembled, persons may be elected in place of those 
 thus holding over. If, however, a vacancy has been filled by appointment, as 
 provided in section 30, there will be none for a meeting to fill. 
 
 § 33, Every appointment to fill a vacancy shall be forthwith 
 filed, by the supervisor or trustees making it in the ofiice of the 
 district clerk, who shall immediately give notice of the appoint- 
 ment to the person appointed, 
 
 § 34. Every person chosen or appointed to a school district 
 office, who, being duly qualified to fill the same, shall refuse to 
 serve therein, shall forfeit five dollars ; and every jierson so chosen 
 or appointed, who, not having refused to accept the office, shall 
 willfully neglect or refuse to perform any duty thereof, shall by 
 such neglect or refusal vacate his office, and shall forfeit the sum 
 of ten dollars. These penalties are for the benefit of the common 
 schools of the town. {See sec. 22, of title 3.) 
 
 The law regards every person as under an obligation to bear his part in the 
 burden of personal service to the public, or to indemnify it by a fine. Mere 
 unwillingness to abstract the necessary time from the labors of his ordinary 
 calling is not a sufficient cause ; it is for him to detenuine whether the pay- 
 ment of the fine, or the injury to his business, or love of ease, will be the greater 
 damage, and to meet the one or the other according to his election. The pre- 
 sumption is that, if sufficient cause existed, the supervisor would have accepted 
 the resignation of the officer who is sued ; and it lies upon him to show the 
 cause, not upon the plaintiff to disprove the existence of any. 
 
 It is for the tribunal before which any delinquent officer is tried to deter- 
 mine whether the refusal or neglect to serve was willful. 
 
 § 35, But the supervisor of the town wherein any such person 
 resides may accept his written resignation of the office, and the 
 filing of such resignation and acceptance in the office of the district 
 clerk shall be a bar to the recovery of either penalty in the last 
 preceding section mentioned ; or such resignation may be made to 
 and accepted' by a district meeting. 
 
 Where a district meeting accepts the resignation of any school ofhcer, it is 
 not necessary to file a written resignation with the district clerk. The records 
 of the meeting will be sufficient evidence of the fact.
 
 School Distkicp Meetings and Officers. 129 
 
 FOURTH ARTICLE. 
 
 Of the duties of the neighborhood clerk, and of the district clerk 
 and librarian. 
 
 § 36. The neighborhood clerk shall keep a record of the pro- 
 ceedings of his neigliborhood, and of the reports of the trustees, 
 and deliver the same to liis successor. In case such neighborhood 
 shall be annexed to a district within the State, its records shall be 
 filed in the office of the clerk of such district. 
 
 § 37. It shall be the duty of the clerk of each school dis- 
 trict: 
 
 1. To record the proceedings of his district in a book to be 
 provided for that purpose by tlie district, and to enter therein 
 true copies of all reports made by the trustees to the school com- 
 missioner ; 
 
 2. To give notice, in the manner prescribed by the sixth section 
 of this title, or by tlic inhabitants, pursuant to such section, of the 
 time and place of holding special district meetings called by the 
 trustees ; 
 
 3. To affix a notice in writing of the time and place of any 
 adjourned meeting, when the meeting shall have been 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 give notice immediately to every person elected or 
 appointed to office of his election or appointment; and also to 
 report, to the town clerk of the town in which the school-house of 
 his district is situated, tlie names and post-office address of such 
 officers, under a penalty of five dollars for neglect in each instance ; 
 
 6. To notify the trustees of every resignation duly accepted by 
 the supervisor ; 
 
 V. To keep and preserve all records, books and papers belong- 
 ing to his office, and to deliver the same to his successor. For a 
 refusal or neglect so to do, he shall forfeit fifty dollars for the 
 benefit of the district, to be recovered by the trustees; 
 
 8. In case his district shall be dissolved, to obey the order of 
 the commissioner or commissioners as to depositing the books, 
 papers and records of his office in the town clerk's office ; 
 \1
 
 130 School District Meetings and OfficepwS. 
 
 9. To attend all meetings of the board of trustees when noti- 
 fied, and keep a record of their proceedings iu a book provided 
 for that purpose ; 
 
 10. To call special meetings of the inhabitants ivhenever all the 
 trustees of the district shall have vacated their office. 
 
 Tlie importance of full and accurate records lias been sufficiently discussed 
 in the comment upon subdivision 9, of section 10, under the heading of the 
 power of taxation. A clerk who discharges his duty in this respect with neat- 
 ness and fidelity will have an honorable memorial of himself to endure as long 
 as the district exists. The entering of copies of the reports, annually made 
 ))y the trustees to the school commissioner, is of consequence to preserve the 
 liistory of the district affairs, and to aff^,)rd the means of comparison with the 
 annual accounts presented by tlie trustees to the district meeting. 
 
 Too great care cannot be exercised in giving ample notice of every special 
 meeting. The clerk is authorized to give such notices upon a verbal direction 
 of the trustees ; but there can be no excuse for the omission to put those direc- 
 tions in writing, upon the records, either in the form of an order or of minutes 
 of the proceedings of a meeting of the trustees. In the personal service of 
 notice, the clerk cannot act by deputy ; but no objection is perceived to his 
 employing an agent to leave written notices at the houses of those whom ho 
 may find absent from homo. The proper course, however, would be for the 
 clerk to provide himself with a sulficient number of written notices before 
 starting upon his rounds. In this way he would secure the giving of notice 
 at the earliest practicable time, and would avoid the trouble of obtaining any 
 other evidence of service than his own official return. The clerk is not at liberty 
 to post notices of annual or adjourned meetings at any less number of public 
 places than/o2(r. It would be well for him to have at least four places designated 
 by a resolution of the inhabitants as the most public and proper for posting 
 notices. In case of an adjourned meeting, it would be prudent to repeat in the 
 notices posted the enimieration of the objects for which it was originally called. 
 
 Section 6 of this title declares by whom notices may be given, and upon 
 whom they shall be served ; and the manner of service is prescribed in the 
 second section. The people, by resolution adopted at an annual meeting, may 
 decide how such notices shall be given, and such resolution will be binding 
 upon the clerk until rescinded or modified. 
 
 It is believed that the clerk, who, by subdivisions 1 and 7, is directed to 
 record the proceedings of district meetings, and of meetings of the trustees, 
 in a book, may purchase such books, even if the people neglect or refuse to 
 vote a tax for that purpose, and that the expense will be a charge upon the 
 district. Duties are imposed upon him which he cannot discharge without 
 the necessary books. 
 
 § 38. The librarian, subject to the provisions of this act, shall 
 have the charge and supervision of the district library.
 
 ScuooL District jMeetixgs and Officers. 131 
 
 FIFTH ARTICLE. 
 Of the jyupils and teachers. 
 § 39. Common schools in the several school districts of this 
 State shall be free to all persons over five and under twcnty-ono 
 years of age residing in the district, as hereinafter provided ; 
 but non-residents of a district, if otherwise competent, may be 
 admitted into the school of a district, with the written consent 
 of the trustees, or of a majority of them, upon such terms as the 
 trustees shall prescribe. 
 
 The language of this section is substantially that of the free school law 
 of 1849, with the exception of the words "as hereinafter provided," which 
 qualifying phrase was inserted in section 1, chapter 151, Laws of 1851, and it 
 was thereinafter provided that the schools should not be any more free than 
 they had been prior to 1849. 
 
 The abolition of the rate bill, and the increase of the State tax, by chapter 
 406, Laws of 18G7, has made true for the first time the words of the statute, 
 and given them a living spirit. Henceforth the highway of knowledge will 
 he free and open to all travelers, yielding obedience only to the rules of the 
 load. 
 
 The power to admit non-resident children to the schools of a district is 
 vested exclusively in its trustees. Pupils are not to be encouraged to with- 
 draw from the schools of their own districts. By doing so, they enfeeble its 
 pecuniary resources, and diminish the inducements of their parents and friends 
 to exert their influence to maintain a good school in their own district. A 
 teacher, moreover, ought not to have the additional labor thrown upon him 
 of instructing non-residents, -without his compensation being increased, unless 
 he entered into his contract with full knowledge of the number he was to 
 instruct. 
 
 The right to enjoy the benefit of common schools, established for all tho 
 inhabitants, is. as is well put in 8 Cusli. {Mass. E.), 164, "a common, not an 
 exclusive personal right; then, like other common rights, that of way for 
 instance, it must be exercised under such limitations and restrictions that it 
 shall not interfere with the equal and co-extensive rights of others. Take tho 
 case of contagious disease: Can it be doubted that the presence of a pupil 
 infected could be lawfully prohibited, not for any fault or crime or wrong 
 conduct, but simply because his attempt to insist on his right to attend, under 
 euch circumstances, would be dangerous and noxious, and so an interruption 
 of the equal and common right ?'[^ In that case, the court held that the trus- 
 tees have the right to exclude a child for open, gross immorality, manifested 
 by licentious propensities, language, manners and habits, though not mani- 
 fested by acts of licentiousness or immorality within the school, deeming it 
 "as necessary, in the unreserved intercourse of pupils of the same school, as 
 well without as within its precincts, to preserve the pure minded, ingenuous
 
 132 School District Meetings and Officers. 
 
 and unsuspectin<T children of both sexes from the contaminating influence 
 of those of depraved sentiments and vicious propensities and habits, as from 
 those infected with contagious diseases." 
 
 The analogy suggests the rule. Children may be excluded, not for punish- 
 ment merely, but for the protection of others from. such injurious example and 
 influence as would entirely defeat the purposes for which schools are instituted. 
 It is to be remembered that among the objects of instruction is not only to 
 deter from vice, but to reclaim those who are capable of reformation, and 
 to correct bad habits which may result from parental neglect, or, what is more 
 deplorable, from parental example. To deal gently with the erring, and 
 especially with erring childhood, is the dictate of humanity, policy and duty. 
 To abandon them to their evil courses is a step involving the most serious 
 responsibility, never to be taken until remonstrance and persuasion have been 
 exhausted. 
 
 Such violent insubordination against reasonable and proper regulations of 
 the school as to render it impossible to maintain necessary discipline and order 
 will justify the trustees in the expulsion of a pupil ; but it is their duty to see, 
 before resorting to the final extremity, whether there may not be fault on the 
 side of the teacher as well as the pupil, and to endeavor, in such case, to recon- 
 cile the difference, without impairing the self-respect of either party. Children 
 have rights as well as their elders ; they are as keenly sensible of oppression, and 
 naturally revolt against power, Avantonly exercised for the sake of exhibiting 
 itself. Being the weaker party, they suffer in their school days a great deal of 
 injustice and often of outraga The best of teachers have human infirmities, 
 and it is an incident of their trying calling to aggravate them. It is for the 
 trustees to temper power with benignity, and administer justice in the spirit 
 of tolerance and mercy. 
 
 § 40. If a school district include a portion of an Indian reserva- 
 tion, Avheroon a school for Indian children has been established by 
 the Superintendent of Public Instruction, and is taught, the school 
 of the district is not free to Indian children resident in the district 
 or on the reservation, nor shall they be admitted to such school 
 except b}'' permission of the Superintendent. 
 
 The Indian race has never been recognized by law as entitled to the fights 
 and privileges of citizenship. They have asserted their nationality, and the 
 State and United States have treated with them as with independent tribes or 
 nations. They arc aliens on their native soil. They are permitted to reside on 
 "what are called reservations of land which has been sold, subject to their occu- 
 pancy, to purchasers who arc tenii)tcd to use various arts to turn their right of 
 reversion into possession. They arc the wards of the State, which has made 
 ample provision for th'.'ir education. 
 
 § 41. No teacher is a qualified one, within the meaning of this 
 act, unless he possesses an unannullcd diploma granted to him by
 
 School. DisTiiiCT Meetings and Oi^ficeks; 133 
 
 ft 
 the State normal school, or an unrevokocT and unannulled certifi- 
 cate of qualilication giA^eu to him hy tlie Superintendent of Public 
 Instruction, or an unexpired certiiicate of. cpuxliiication given to 
 him by the school commissioner Avithin Avhose district lie is 
 employed, or by the school officer of the city or village in Aviiich 
 he is employed, authorized by special act to grant such certificate. 
 
 Before employing a teacher, the trustees should insist upon the exhibition to 
 them of a certificate from one of the authorities named iu this section. Thoy 
 must also be careful to inquire whether the certificate exhibited is in force. 
 School commissioners and local oflBcers can grant certificates only for limited 
 t'crms. A diploma from the State normal school, or a certificate from tlio 
 State Superintendent is good until revoked, or annulled. By reference to tho 
 law of 18G3, establishing the Oswego normal and training school, and to 
 the laws of 18G6 and 1867, establishing other normal schools, it will be seen 
 that a diploma from any State normal school makes the holder a qualified 
 teacher. 
 
 § 42. No part of the school moneys apportioned to a district can 
 be applied or permitted to be applied to the payment of the wages 
 of an unqualified teacher ; nor can his Avages, or any part of them, 
 be collected by a district tax. 
 
 If an unqualified teacher be employed, the school kept aviII be a private, and 
 not a public school, and the teacher's claim for compensation Avill depend 
 upon his contract with his employers. If the trustees agree to pay him, they 
 Avill be responsible as private persons, and not as officers of the district. If the 
 trustees draw any order upon the supervisor, or on the collector of the district, 
 for such money, in faA'or of an unqualified teacher, they incur the penalty pro- 
 vided in the next section. 
 
 § 43. Any trustee Avho applies, or directs, or consents to the 
 application of any such money to the payment of an unqualified 
 teacher's Avages, thereby commits a misdemeanor; and any fine 
 imposed upon him therefor shall be for the benefit of the common 
 schools of the county. {See sec. 22, of title 3.) 
 
 § 44, Teachers shall keep, prepare and enter, in the books pro- 
 vided for that purpose, the school lists and accounts of attendance 
 hereinafter mentioned, and shall be responsible for their safe keep- 
 ing and delivery to the clerk of the district at the close of their 
 engagements or terms. (See sec. 53 of this title.)
 
 134 School District Meetings and Officebs. 
 
 SIXTH ARTICLE. 
 Of the trustees, their poxoers and duties ; and herein of school taxes 
 • and annual reports. 
 
 § 45, All property which is now vested in, or shall hereinafter 
 be transferred to, the trustee or trustees of a district, for the use 
 of schools in the district, shall be held by him or them as a corpo- 
 ration. 
 
 The orig-inal provision of the act of 1819, section 29, chapter 161, from which 
 the above is taken, was enacted for the purpose of vesting in the trustees prop- 
 erty which had been dedicated or g:ranted for school objects before its passage. 
 The principal incidents of a corporation are to have perpetual succession and 
 existence by its corporate name, where no period is limited by its charter, and 
 the capacity to hold real and personal estate for its corporate purposes, as an 
 artificial body, wholly distinct from the individuals who from time to time 
 may compose it. 
 
 § 46. A sole trustee of the district shall have all the powers, and 
 be subject to all the duties, liabilities and penalties conferred and 
 imposed by law upon or against any trustee or trustees, or the 
 m.ijoi-ity of the trustees, of a district. 
 
 § 47. The trustees of a district compose a board, and when two 
 only meet to deliberate upon a matter, and the third, if notified, 
 does not attend, or the three meet and deliberate thereon, the con- 
 clusion of two upon the matter, and their order, act or proceeding 
 in relation thereto, shall be as valid as though it were the conclu- 
 sion, orck'T, act or proceeding of the three ; and a recital of the 
 two in their minute of the conclusion, act or proceeding, or in 
 their order, act or proceeding, of the fact of such notice, or of such 
 meeting or deliberation, shall be conclusive evidence thereof. A 
 meeting of the board may be ordered by any member thereof, by 
 giving not less than twonty-four hours' notice of the same. 
 
 Every power committed to the trustees must be exercised by the board. This 
 section was incorporated into the law of 1864, to obviate the difficulty often 
 experienced of obtaining a meeting of all tliree trustees when any important 
 business was to be done. When tliey arc duly assembled, a majority may do 
 any lawful act, make any order, or dcci(h) any question properly before them. 
 If one of them, after due notice of a meeting absent himself, the other two may 
 net just tlie same as if he were present. 
 
 But the board must meet. It will not do for one or two to form a determina- 
 tion and tlien procure the assent of the absent. The decision of a majority, or
 
 School District Meetings and OFFiCErwS. 135 
 
 of all three, under such circumstances, is not the decision of the trustees, any 
 more than the concurrent opinion of all the members of the Legislature arrived 
 at by taking- their separate votes at their respective places of residence is an 
 act of the Legislature. In the assessment of a tax, and in general in regard 
 to every other duty judicial in its character, this rule is inflexible. 
 
 In other cases a majority may decide, provided all have been notified of the 
 intention to meet and confer upon the subject at a definite time and place. 
 This rule was applied in IG Maine R., 185, and the dismissal of a teacher by 
 two, a majority of the board, held illegal, because the third was not notified, 
 although he was out of town. The court say : " That does not allow the 
 majority to dispense with the rule requiring notice. They are not in such 
 cases constituted the judges whether the notice would be effectual to secure his 
 attendance. Nor would it be entirely safe to intrust them with such a power, 
 as it would afford an opportunity to select an occasion when they might judge 
 that a notice would be ineffectual, and thus, by neglecting to give it, free them- 
 selves from the presence of a dissenting minority. It may often happen that 
 those will be able to attend who were believed to be so situated that their 
 attendance could not be expected. Nor is there any difficulty in giving the 
 requisite notice in such cases, as one left at the usual place of residence would 
 be sufficient." * 
 
 The law goes upon the supposition that a majority may be convinced by a 
 minority and change its detenninations, and therefore will not suffer the 
 majority to act without giving the minority a notice to participate. The legal 
 presumption is that officers have thus acted, but this presumption may be 
 repelled by evidence to the contrary. 
 
 The case last cited admits that a merely ministerial duty, the execution of a 
 determination of the board, may be performed by a single trustee. 
 
 In case of a vacancy in the office of trustee, those in office, whether two or 
 one, possess all the powers of a full board ; the very first act, however, ought 
 to be the call of a meeting to fill the vacancy. 
 
 § 48. While there is one vacancy in the office of trustee, the 
 two trustees have all the powers and are subject to all the duties 
 and liabilities of the three. And while there are two such vacan- 
 cies, the trustee in office shall have all the powers and be subject 
 to all the duties and liabilities of the three, as though he were a 
 Bole trustee. 
 
 § 49. 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 
 whenever they shall deem it necessary and proper; 
 
 2. To give notice of special, annual and adjourned meetings in 
 the manner prescribed in the si.vth section of this title, if tlicre be
 
 136 School District Meetings and Officers. 
 
 no clerk of the district, or he be absent or incapable of acting, or 
 shall refuse to act ; 
 
 3. To make out a tax list of every district tax voted by any 
 such meeting, or authorized by law, 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 ; 
 
 4. 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; 
 
 5. To purchase or lease a site for the district school-house or 
 school-houses, as designated by a meeting of the district, and to 
 build, hire or purchase such school-house as may be so designated, 
 and to keep in repair and furnish such school-house with necessary 
 fuel and appendages, and to pay the expense thereof by tax, but 
 such expenses shall not exceed fifty dollars in any one year, unless 
 authorized by the district or by law ; 
 
 6. To have the custody and safe keeping of the district school- 
 house or houses, their sites and appurtenances ; 
 
 7. When thereto authorized, by a meeting of the district, to 
 insure the school-house or school-houses, and their furniture, and 
 the school apparatus, in some company created by or under the 
 laws of this State, and to comply with the conditions of the policy, 
 and raise the premiums by a district tax ; 
 
 8. To insure the district library in such a company in a sura 
 fixed by a district meeting, and to raise the premium by a district 
 tax, and comply with the conditions of the policy ; 
 
 9. To contract Avith and employ all teachers in the district 
 school or schools ; but no person who is within two degrees of 
 relationship by blood or marriage to any such trustee shall be so 
 employed, excej^t with tlie a))proval of two-thii-ds of the voters of 
 such district present and voting upon the question at an annual or 
 special meeting of the district. Any person employed in disregard 
 of the foregoing provision shall have no claim for wages against 
 the district, but may enforce the specific contract made ngainst the 
 trustee or trustees consenting to such employment as individuals; 
 
 10. To pay toward the wages of such teachers as are qualiiied, 
 the public moneys apportioned to the district and legally applica- 
 ble thereto, by giving them orders on the supervisor thei'efoi-, and to 
 collect, as herein provided, the residue of such wages by district tax ;
 
 School District Meetiitgs and Officers. 137 
 
 11. To divide such public moneys apportioned to the district, 
 whenever authorized by a vote of thek- district, into two or more 
 portions for each year; to assign and apply one of such portions 
 to each term during which a school shall be kept in guch district, 
 for the payment of teachers' wages during such term ; and to col- 
 lect the residue of such wages not paid by the proportion of public 
 money allotted for that purpose, by district tax as herein provided*, 
 
 12. If the library money apportioned to the district be less than 
 three dollars, to apply it to the payment of teachers' wages ; 
 
 13. To draw upon the supervisor for the school and library 
 moneys, in the manner and form prescribed by subdivisions one 
 and two of section six of title four of this act ; 
 
 14. After having paid toward the Avages of such teachers as are 
 qualitied the public moneys of the district legallj' applicable 
 thereto, by giving them orders on the supervisor therefor, to col- 
 lect the residue of such wages hj a district tax, or, if the same 
 shall have been already collected, to give such teacher an order on 
 the district collector for the balance of his or her wages still 
 remaining unpaid. 
 
 1. To call special meetings of the inhabitants of such districts ivhenever they shall deem 
 it necessary and proper. — Tliis power should be liberally exercised for the benefit 
 of the district ; and the trustees should call special meetings whenever requested 
 for any legal object by a respectable number of the iiiiiabitants, notwithstand- 
 ing the trustees may themselves be opposed to the object. If the inhabitants 
 have repeatedly acted upon a subject in such a manner as to show that their 
 determination has been definitively formed, and is not likely to be altered, it is 
 not the duty of the trustees to be made the instruments of a factious minority, 
 by harassing them witli calls to reconsider the matter. But except in such 
 case, or when the purjjose is clearly illegal, it is very much a matter of course 
 that a meeting should be ordered by the trustees, or, in case of their refusal, by 
 the State Superintendent. Application to him for this purpose must be upon 
 notice to the trustees, in the manner and form of an appeal from their refusal. 
 
 It is no objection to the call of a special meeting that a meeting having tho 
 same subject under consideration stands adjourned. (7 Mete, 509.) 
 
 2. To give notice of special, annual and adjourned meetings in, the manner prescribed 
 in the sixth section of this title, if there be no clerk of the district, or he be absent or inca- 
 fable of acting. — This is a ministerial duty, which may be performed by one of 
 the trustees, imder a resolution of the board, or they may di\'ide the district 
 into sections, assigning the duty of giving the notice in each to one of their 
 number. This power should be exercised by them in the case of a refusal of 
 the clerk to give a notice. It is believed they may in such case delegate tho 
 ministerial duty to any inhabitant, furnisliing him with a written authority, 
 
 18
 
 138 School District Meetings and Officees. 
 
 under their hands, which can be exhibited to the inhabitants whom he person- 
 ally notifies, and with written notices, signed hrj the irimtees, to be left at the 
 houses of those whom he may find absent from home. 
 
 3. To make out a tax list of every district tax voted by any such meeting, or author- 
 ized by lair, 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 Jiis name. — In 4 Denio, 125, the supreme court held a warrant void 
 where one of the trustees made out a tax list, and took the list and warrant to 
 a second, who signed, but the other trustee was not consulted. In 3 Denio, 598, 
 the court held an assessment void which was made and signed by two assessors, 
 the third being present in the room where it was made, but not being consulted 
 or taking any part in the business. This fact was permitted to be shown by 
 the e\idence of one of the assessors who acted, to repel the legal presumption 
 that all had been consulted. The decision was affirmed by the court of appeals. 
 (1 Comst., 79.) 
 
 The trustees should meet for the purpose of making out a tax list Avithin tea 
 days after the meeting at which the tax is voted, so that if it be necessary to 
 resort to any other evidence than the last town assessment roll for the valua- 
 tion of property, or if a reduction shall be claimed, they may give twenty days' 
 notice, and complete the tax list at the expiration of thirty days after the dis- 
 trict meeting. It would be well for them to give notice at the district meeting 
 of the time and place at which they will meet to make a tax list, so that any 
 inhabitant concei\-ing himself entitled to reduction may appear and be exam- 
 ined on oath in regard to it. The mode of proceeding in arriving at valuation 
 and making the roll will be treated more at large in the comments upon a 
 succeeding section. It is proper to remark here that the heading of every tax 
 list should specify for what purposes and under what authority every sum in- 
 cluded therein is levied. Whenever any controversy is anticipated in regard 
 to any tax, it should be made on a separate list from others voted at the same 
 meeting, so as not to embarrass or delay the collection of that which is undisputed 
 
 4. To annex to such tax list a warrant, directed to the collector of the district, 
 for the collection of the sums in such lists mentioned. — The form of a warrant 
 will be given in another place. The supreme court (18 Barb., 331) have stated 
 it as " remarkable that the school laws, as they now stand, contain no provision 
 limiting or dii-ecting tlie time witliin which the warrant shall direct the collec- 
 tor to collect or return the warrant." It is, however, clearly contemplated by 
 the statute that the warrant shall mention a time within which it is to be exe- 
 cuted, and the practice has been to fix it at thirty days, which was the period 
 fixed by section 100, chapter 480 of 1847, prior to the amendment made by 
 section 5, chapter 383 of 1849. It is better to conform to that practice than to 
 fix any other period, unless in a case where it is palpable that an immediate 
 Cfjllectlon is unnecessary, and the convenience of the tax payers is to be greatlv 
 promoted by a brief extension. 
 
 5. To purchase or lease a site for the district school-house or school-houses, as desig- 
 nate.d by a irf.etinj of the district, and to build, hire or purchase such school-house as 
 may he so designated, and to keep 'in repair and furnish such sclwol-liouse with neces- 
 
 i
 
 School Distkict Meetings and Officers. 139 
 
 $anj fuel and appendages, and to pay the expense thereof hy tax, but such expense shall 
 mot eoccetd fiftij d<jUars in any one year, unless authorized by the district or by law. — 
 This power is necessarily exclusive. A practice has grown up in some quarters 
 of appointing a building committee by the district meeting to superintend tho 
 erection of a school-house. So far as a building committee act in aid of the trus- 
 tees, by their advice and personal service in carrying^ into execution the 
 %vishes of the inhabitants, under the direction of the trustees, there is no objec- 
 tion. But the trustees alone have the power to bind the district by a contract, 
 •written or verbal, and the district cannot supersede them by a building com- 
 miteee or any other agents. It is in the power of the inhabitants, through the 
 agency of a committee or otherwise, to procure plans and specifications, to the 
 minutest detail, for a school-house or other mechanical structure in contempla" 
 tion. They may in district meeting select among those thus procured, and 
 may, by the resolution authorizing the building, limit the power to making a 
 contract according to the plan and specifications adopted. This is the only 
 method of controlling the discretion of the trustees in the matter. It rests 
 with the trustees to accept or reject the work, unless the inhabitants, in the 
 vote authorizing the building, have appointed or provided for the appointing 
 of other arbiters. Tliis they may do, by directing it to be inserted in the con- 
 tract with the builder that the saflficlencj'- of the materials and workmanship 
 under the contract shall be determined by persons named in the resolution, 
 with the power to deteraiine what sum shall be deducted as damages from the 
 contract price, or to reject it wholly ; or by nominating in the resolution an 
 arbitrator on the part of the district, and requiring the builder to nominate 
 another, with power to the two to choose an umpire in case of disagreement, 
 Buch arbitrators to assess damages or reject the work entirely, and securing to 
 the trustees in the latter case the right to remove the building from the site at 
 the expense of the builder, unless he removes it himself upon notice to do so. 
 
 A stringent contract, which should in all cases be in writing, with such pro- 
 \'isions for the summary adjustment of any questions which may arise under 
 it, will relieve the trustees from much personal responsibility and trouble, as 
 well as protect the district from quarrels and litigation, which in any event 
 are disastrous. 
 
 C. To have the cuifody and safe keeping of the district school-home or houses, 
 their sites anil appurtenances. — The trustees are charged with the custody 
 of the school-house for the purpose of public instruction ; and it is their 
 duty to exercise such a general supervision over its care and management 
 tliat tlie instruction of the pupils in the school shall not be embarrassed by any 
 use of the house other than for school purposes, and that the property of tho 
 district, and the furniture, books and papers belonging to the school or tho 
 pupils, shall not bo destroyed or injured. Any use of the house in subordina- 
 tion to these restrictions, and not inconsistent with the main purposes for which 
 it was designed, may be allowed by the trustees, or either of them, under 
 authority of section 52 of this title, which was passed to prevent the disputes 
 continually arising about the right and power of the trustees to permit tho 
 school house to be used for any purpose but a common school. Whenever the
 
 140 School District Meetings and Officees. 
 
 trustees do permit the house to be used for instruction in music, or for lectures, 
 or for any other educational purpose, it would seem to be the duty of the 
 trustees to require such a remuneration for the use as may be sufficient to clean 
 the rooms, and to indemnify the district against casual damage and wear. 
 There is no good reason why the expenses of the district should not be light- 
 ened by the trifling revenue derivable from the occasional use of its house, 
 when not wanted for school purposes, and in a manner not to interfere with 
 them. The trustees, however, cannot make any permanent contract for the 
 occupation of the school-house. They can simply give a license, revocable at 
 their own discretion, which they cannot by contract foreclose themselves from 
 exercising as the public good may require at any moment. Strictly speaking, 
 under section 53, they can grant no ricjlit to use the district property for any 
 other than educational purposes ; they can only by their acquiescence estop 
 themselves from bringing an action for the act of entering the school-house, 
 which would otherwise bo a trespass. Nothing should be tolerated wluch 
 may give occasion to a controversy among the inliabitants. 
 
 As the custody of the building is vested in all the trustees, all have the right 
 of visiting and inspecting it at all times, and a majority of the trustees cannot 
 exclude the third. 
 
 Either of the trustees may prevent the school -house from being iiscd for any 
 purpose, except the common school, by forbidding the others to give their 
 consent to such use. 
 
 7 and 8. To 'insure the scliool-house, or houses, and their furniture and school appa- 
 ratus, and to insure the district llhrary. 
 
 The direction to insure should be by a resolution passed at a regular meeting 
 of the inhabitants. 
 
 The company must be one incorporated under the laws of this State. 
 
 The insurance once made the trustees may raise a tax for the annual premium, 
 when it becomes due, or may add the amount to any other tax list. 
 
 9. To contract with ayid employ all teachers in the district school or schools; hut no 
 person who is within tivo degrees of relationship by blood or marriage to any such 
 trustee shall be so employed, except tuith the approval of two-thirds of the voters of 
 sixh district present and voting upon the question at an annual or special meeting of the 
 district. — Any person employed in disregard of the foregoing provision shall 
 have no claim for wages against tlie district, but may enforce the specific 
 contract made against the trustee or trustees consenting to such employment 
 as individuals. 
 
 The ])Ower to contract for the district is a power to contract with such teachers 
 only as the law authorizes the inluibitants to expect, teachers to the payment 
 of whose wages public monty may be ajipliod, that is, teachers possessing, at 
 the time of making the contract, a regular and valid certificate of qualification. 
 The inhabitants have no power to engage nor to discharge a teacher. It is a 
 fraud upon the inhabitants to engage a teacher not then possessing a certificate, 
 without express notice to them that until he shall obtain one the school is to bo 
 in effect a 'private school. It is difficult to find any principle upon vvhicli the 
 trustees can be authorized, by any official action, to provide for the payment of
 
 School District Meetings and Officers. 141 
 
 such a teaclier. In the mean time the only mode for trustees to secure thcm- 
 ^selves against a dangerous personal responsibility is to meet as a board and 
 insist upon the actual production of a certificate before contracting with a 
 teacher. 
 
 A practice has prevailed to a very considerable extent 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 constant alter- 
 cation and complaint, which often terminates in breaking up the school. The 
 best arrangement is to give the teacher a specific sum as wages and let him 
 board himsc^lf. If, however, some persons are willing to board a teacher gratui- 
 tously, and thereby save the district from taxation, there can be no objection. 
 
 The amount of the compensation to be paid to teachers is within the discre- 
 tion of the trustees exclusively. The inhabitants have no power to control them 
 in this respect, nor in the selection of the individuals to be employed, though 
 the trustees would act most unwisely in disregarding their preferences and 
 wishes, when reasonable and just. There is little danger that they will abuse 
 their discretion in making the compensation too high. The wages of teachers are 
 generally quite inadequate, those of females scandalously so. It is a reproach to 
 our civilization that a woman should earn less as a teaclier than she might in a 
 cotton mill or as a dressmaker, especially as the qualities of her sex admirably 
 adapt her for the instruction of the yomig. Trustees may be very certain that 
 in purchasing the ser^^ces of a teacher, as in every other business transaction, 
 the way to get a good article is to offer a fair price, and that the most wretched 
 economy in the world is to employ a poor teacher. They would grudge no 
 price to secure a skillful physician to restore the bodily health and \igor of 
 their own children. They would never commit a watch to a bmigler, because 
 he offered to tinker at it for slender pay ; what right have they to deal more 
 stingily in selecting and paying the person who is to deal with an organization 
 so much more delicate and intricate than a watch, as the minds and souls of 
 the children of an entire community, and through whose ignorance or error 
 they may imbibe poison instead of nutriment or medicine ? 
 
 The following is suggested as a proper form for a contract to be drawn up in 
 duplicate, one copy to be filed with the district clerk, the other retained by the 
 teacher, viz. : 
 
 A. B., having produced to the trustees of District Xo. , in the town 
 
 of , a certificate (or diploma of normal school) found in due form to 
 
 license him to teach a common school in said district (as first assistant or in the 
 primary dej)artment, as the case may be, if the certificate is limited), is hereby 
 engaged for the term of weeks, provided his certificate shall so long continue 
 in force, to instruct the school of said district hours in each day, exclusive of 
 Sundays, Saturdays and customary holidays, and the time he may spend in 
 attendance on teachers' institutes, for the wages of dollars per week. 
 
 The said A. B. faithfully performing his duties as such teacher, the trustees 
 engage to exercise their legal powers in providing for the payment of his
 
 142 School Distkict Meetings and Officers. 
 
 wages aforesaid, by giving liim orders on the supervisor (monthly, or as may 
 be agreed) to the amount of , (so much of the public money appropriated 
 
 to the term as may be apportioned to the teacher iipon a fair division thereof 
 among all the teachers employed at the same time) for his whole term of 
 service, and in proportion for a less time, and at the expiration of the tenn, 
 upon being furnished by said teacher with e\'idence that he has properly kept 
 the register of attendance of the pupils, and that he has verified the correct- 
 ness of his registration by his oath, and delivered the register to the district 
 clerk to make out a tax list for the collection of the residue of his wages, pro- 
 viding there be not money enough applicable to the pajTnent of teachers' wages 
 in the hands of the collector, and to give him an order on the collector therefor. 
 
 Where a teacher was employed by one of the trustees only, after consulting 
 the others separately, and all three of the trustees sent children to the school, 
 as did the district generally, it was held by the supreme court (15 Barb., 323) 
 that having performed the agreement on her part, she was entitled to recover 
 the compensation, on the ground that the action was brought on an executed 
 contract, and " that where a person is employed for a corporation by one assum- 
 ing to act in its behalf, and goes on and renders the services according to the 
 agreement, with the knowledge of its officers and without notice that the con- 
 tract is not recognized as valid and binding, such corporation will be held to 
 have sanctioned and ratified the contract. * * Where the contract is still 
 executory, and nothing has been done under it, and the action is to recover 
 damages merely for non-performance, it is for the plaintiff to show a legal con- 
 tract binding upon the corporation. But this is not that case." 
 
 This is sufficient for the teacher while the consent lasts ; but the difficulty 
 in respect to the trustees is, that those who have given their consent in this 
 irregular manner may revoke it, and leave the one who made the contract per- 
 sonally liable to damages, without any claim to be indemnified by the district. 
 
 A teacher once employed cannot be dismissed, without some violation of tho 
 contract on his part, during the time for which it was to continiae. A teacher 
 who is so unfortunate as to fail to give satisfaction to the inhabitants is still 
 entitled to retain his place, unless it is forfeited by positive misconduct, such 
 as amounts to a breach of the contract, or would justify the annulling of hia 
 certificate. 
 
 In the emplo}'ment of teachers, the trustees, besides requiring the legal qiial- 
 ifications, must also inquire into the legal disabilities of the candidate. They 
 cannot liire a teacher standing toward themselves in the second degree of 
 rclationsliip by blood or marriage. By our laws, in calculating the degree of 
 relationshi]), the count is made of all the generations between the two persona 
 whose relationship is sought. This is according to the civil law.
 
 School District Meetings and Officers. 
 
 143 
 
 In tlie following table, you desire to know the relationship between John 
 Stiles and his grandfather or grandmother. You count one, two, and find 
 tliem in the second degree. Between John Stiles and his grandson or grand- 
 daughter it is the same, and the same between him and his brother. The 
 relationship between Flora Stiles, granddaughter, and Matthew Stiles, grand- 
 son, is in the fifth degree. Such is the rule in New York. 
 
 
 
 
 
 
 
 
 
 Oliver Stiles. 
 Grandfather. 
 
 
 Jane Bascom. 
 
 Grandmotlicr. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Geoffrey Stiles. 
 Father. 
 
 
 Lucy Baker. 
 Mother. 
 
 
 
 
 
 
 ^ 
 
 ^^"<^ 
 
 
 
 
 
 
 
 Leonard Stiles. 
 Brother. 
 
 
 JOHN STILES. 
 
 
 Louisa Stiles. 
 Sister. 
 
 
 
 
 
 
 
 
 
 
 
 ^^-^ 
 
 
 
 
 
 Gilbert Stiles. 
 Sou. 
 
 
 Martha Stiles. 
 Daughter. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Matthew Stiles. 
 Graudsou. 
 
 
 Flora Stiles. 
 Granddau.^hter. 
 
 
 
 
 
 
 

 
 144 School District Meetings and Officers. 
 
 In the foregoing table we will suppose Jolin Stiles to be trustee. It will be 
 seen that he cannot hire, as a teacher, his father nor grandfather, his son nor 
 his grandson, nor the wife of either of them ; his mother nor his grandmother, 
 his daughter nor his granddaughter, nor the husband of either of them ; nor 
 his brother nor brother's wife, nor his sister nor sister's husband, for each of 
 these i^ersons is related to him in the first or second degree. 
 
 Every trustee, when about to hire a teacher, must put himself in the place 
 of John Stiles, and then count two degrees from himself in the ascending or 
 descending line, and all who come within that coimt are within the prohi- 
 bition ; all beyond it he may hire. For instance, he may hire his nephew or 
 niece, his uncle or his aunt, the brother or sister of his brother's wife, or the 
 brother or sister of his daughter's husband. 
 
 This prohibition may be waived by the district. If, for reasons satisfactory 
 to the inhabitants, they are willing that the trustees may employ a person 
 within the prohibited degree of relationship, they may, by a vote of two-thirds 
 of the voters present and voting at the meeting, grant them dispensation. 
 There may often be excellent reasons found, in the superior qualifications of 
 some persons, why the trustees should be released from the obligation of tais 
 law. 
 
 10. To pay toward the ivages of such teachers as are qualified, the public moneys 
 apportioned to the district, and legally applicable thereto, by giving them Orders on the 
 supervisor therefor, aiid to collect, as herein provided, the residue of such loages by dis- 
 trict tax. 
 
 It will be observed that this power is confined in express terms to the pay- 
 ment of qualified teachers. " Any trustee who applies, or directs or consents to 
 the application of any such money to the payment of an unqualified teacher's 
 wages, thereby commits a misdemeanor ; and any fine imposed upon him there- 
 for sliall be for the benefit of the county." The public money apportioned for 
 the year is to be exhausted in paying the teachers for services rendered during 
 that year. The year ends with the oOth of September, and the whole of the 
 public money of the year should be earned, and orders for it drawn on or before 
 that day. 
 
 The public money apportioned for teacliers' wages can be applied to no other 
 purpose whatever, and therefore an order drawn upon the supervisor should 
 show upon its face that it is in compliance with the statute. The form may be 
 as follows : 
 
 To J. D., supervisor of the town of : 
 
 Pay to A. C, or order, dollars cents, on account of wages 
 
 earned by him when duly qualified as a teacher in district No. ', in said 
 
 town, between the day of and the day of , 18 . 
 
 Dated , 18 . 
 
 E. F., ) 
 C. I)., [ 
 
 Trustees 
 
 a. II.', j ^"'- ''^°-
 
 School District Meetings and Officers. 145 
 
 The wages of a teacher include the whole compensation allowed him for 
 beard, lodging, or any other object. In drawing an order any sum allowed for 
 loard, etc., should be denominated wages. The order can be drawn only 
 in favor of the teacher. If he desires to apply the proceeds to the pay- 
 ment of a private debt, for board or other consideration, he can indorse 
 it to his creditor, but it is for him and not for the trustees to distribute his 
 wages. 
 
 Every teacher should be paid promptly at the close of liis term. All that the 
 trustees can lawfully require is a fulfillment of his contract, which may include 
 the duty of keeping the teacher's register, and list of daily attendance. When 
 be has placed them, duly verified, in the hands of the clerk of the district, he 
 can demand an order for his wages. 
 
 If the inhabitants, as they have power to do, vote a tax at the annual meet- 
 ing, to pay the residue of the teacher's wages, after the application thereto of 
 so much of the public money as may be set apart for the term, then the trus- 
 tees can be always in funds. There is no reason why the tax list should not 
 be made out, and the money collected, and in the hands of the collector, ready 
 to pay any order as soon as drawn. 
 
 11. To divide the public moneys apportioned to the district, whenever authorized hy 
 a vote of their district, into two or more portions for each year ; to assign and apply 
 one of such portions to each term during which a school shall he kept in such district, 
 for the payment of teachers'' wages during such term, and to collect the residue of such 
 wages not paid by the proportion of public money allotted for that purpose by district 
 tax, as herein provided. Where the inhabitants have not made a division of the public 
 money by resolution, the trustees have the power to make such division as they deem, 
 just and expedient. 
 
 The statute authorizes the people at a duly assembled meeting to di%ide the 
 year into as many terms as they please, and to direct what portion of the public 
 money shall be applied to each term. As any deficiency is hereafter to be 
 made good by a district tax, it is of less consequence than formerly that it 
 should be divided. 
 
 The amount of public money, under the amended law, will nearly pay the 
 wages of a good teacher in every district in the State for a term of twentj'-cight 
 weeks. It is to be hoped that the districts in the country will emulate the 
 cities, and vote money enough to keep open their schools for at least ten months 
 in each year. 
 
 The public moneys payable on the order of the trustees are the moneys in 
 the hands of the supervisor, apportioned from the State treasury, and the 
 income of town or local funds, the tuition bills of non-resident children, and 
 the income of district funds, if there be any. The money from all these sources 
 should be exhausted before drawing on the collector of the district for any part 
 of the district tax. 
 
 The trustees may at any time, if they are under contract to pay a teacher 
 his wages, and there is no money in the hands of the supervisor, levy a tax for 
 the amount. They are not by law required to wait for the apportionment of 
 the public money. 
 19
 
 146 School Disteict Meetings and Officeks. 
 
 \2. If the library money appo7-tioned to the distrcit he less than three dollars^ to 
 apphj it to the payvient of teachers' wages. 
 
 The trustees must ascertain wliat amount of library money has been appor- 
 tioned to the district. If it is more than three dollars they must expend it in 
 the purchase of books. 
 
 By reference to subdi^^sions 13 and 14, it will be seen that all public and 
 district moneys must be drawn by a written order upon the persons having the 
 custody of the same. 
 
 § 50. The trustees may expend, in necessary and proper repairs 
 of each school-house under their charge, a sum not exceeding 
 twenty dolhirs in any one year. They may also expend a sum not 
 exceeding fifty dollars in the erection of necessary out-buildings, 
 where the district is wholly unprovided with such buildings. 
 They may also make any repairs and abate any nuisances, pursu- 
 ant to the direction of the school commissioner as ligyeinbefore 
 provided; and provide fuel, pails, brooms, and other implements 
 necessary to keep the school-house or houses clean, and make 
 them reasonably comfortable for use, and not provided for by a 
 vote of the district ; and may also provide for building fires, and 
 cleaning the school room, by arrangement with the teacher or 
 otherwise. They shall provide the bound blank books for the 
 entering of their accounts, and the keeping of the school lists, 
 the records of the district, and the proceedings of district and 
 trustee meetings. Whenever it shall be necessary for the due 
 accommodation of the children of the district, they may hire 
 temporarily any room or rooms for the keeping of schools therein. 
 Any expenditure made or liability incurred, in pursuance of this 
 section, shall be a charge upon the district. 
 
 To pay the expenses incurred under this section, the trustees may levy a 
 special tax, or may add the amount expended to any tax list lawfully made. 
 
 The better course for the trustees and the district is to have an estimate 
 carefully made, in items, of the expenditures for the year, and presented at tho 
 annual meetinpf. Let it be canvassed at the meeting:, and a tax voted suffi- 
 cient to cover the expense. 
 
 The most important sentence in this section is the one which authorizes tho 
 hirinpr of rooms, temporarily, for the keeping of school. The trustees can offer no 
 excuse for not having a school for twenty-eight weeks, on the ground tliat the 
 Bchool-house is not in good repair. If such is the fact, then the trustees, 
 under this section, have power to liire a room or rooms. If the school-house 
 will not comfortably accommodate all the children of a district, a room may bo 
 hired and another school organized.
 
 School District Meetings and Officers. 147 
 
 § 51. When trustees are required or authorized by law, or by a 
 vote of their district, to incur any expense for such district, and 
 when any expenses incurred by them are made, by expi-ess pro- 
 vision 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. 
 
 This provision first came into force as section 14, chapter 260 of 1841. The 
 supreme court, commenting upon it, in 4 Denio, 298, says : " It is said that the 
 etatiite ought to be so construed as to confine its operations to small incidental 
 expenses incurred by the trustees. But the language is general, and there is 
 nothing which, upon any just principle of interpretation, will warrant us in 
 restricting the provisions to any particular class of expenses." That case was 
 one in which the district had voted to build a school-house, and the materials 
 and dimensions specified were such as to have the effect of bringing the cost 
 within four liundred dollars, and it was held that "if the district had left the 
 wliole within the discretion of the trustees, and they had kept within the four 
 hundred dollars, the act of 1841 would have authorized them to levy the tax." 
 The object of this section, however, is simply to dispense with the necessity of 
 fixing a di-Jinite amount to authorize the levying of a tax, and it has not the effect 
 of permitting the trustees to \Q\y a tax, under the vote of a district for expenses 
 incurred for any pu r£qseJ oT: which the law_jiaa.uot^_conferred the p ower upon 
 the inhabitants of voting a definite tax. If the inhabitants cannot lay the tax 
 directly, they cannot effect the same object by directing the trustees to expend 
 money or to do acts involving the expenditure of money. 
 
 Among the expenses made by express provision of law a charge upon the 
 district, and which the trustees are authorized to incur without any vote of 
 their district, is that of hiring temporarily any room or rooms for the keeping 
 of schools therein, whenever it shall be necessary for the accommodation of 
 the children. 
 
 It is believed that a tax list, for any expen.sc incurred under this section, may 
 be separate, or the amount may be included in any other tax list necessary to be 
 made out at the time when the amount of such expenses shall have been ascer- 
 tained. It is, however, the duty of the trustees, when practicable, to ascertain 
 the definite amount, and to make out the tax list therefor within thirty days 
 after the meeting at which the expenditure may have been authorized. When 
 any tax under this section is included in the same tax list with others, the head- 
 ing should distinctly specify the amount, the object and the authority ; as by say- 
 ing, for cxam])le : •' Also, twelve dollars for the expense of temporarily hiring 
 rooms for the keeping of schools therein, necessary for the accommodation of 
 the children in said district, from the first day of May to the first day of Augr.st, 
 1857 ; also, eight dollars and ninety-three cents for the expenses incurred in 
 grading and draining the site of the school-house, under the resolution of a 
 district meeting held April 12, 1857."
 
 148 School District Meetings and Officers, 
 
 § 52. Tlie trustees, or any one of them, if not forbidden by 
 finotlier, may freely permit the school-house, when not in use for 
 the district school, to be used by persons assembling therein for 
 the purpose of giving and receiving instruction in any branch of 
 education or learning, or in the science or practice of music. [See 
 co)n7nents on subdivision 6, of section 49.) 
 
 § 53, They shall procure two bound blank books for the district, 
 and, when necessary, others in their place. In one of them, at or 
 before each annual district meeting, they shall enter at large, and 
 sign a statement of all movable property belonging to the district, 
 and their accounts of all moneys received or drawn for or paid by 
 them, and they shall deliver this book to their successors. In the 
 other, the teachers shall enter the names of the pupils attending 
 school, their ages, the names of the persons who send them, and 
 the number of days each pupil attends, and also the facts and the 
 dates of each inspection of the school by the school commissioner 
 or other official visitor, and any other facts, in such form as the 
 Superintendent of Public Instruction shall require ; and each 
 teacher shall, by his oath or affirmation, verify his entries in such 
 book, and the entries shall constitute the school lists from which 
 the average daily attendance shall be determined ; and such oath 
 or affirmation may be taken by the district clerk, but without 
 charge. Until the teacher shall have so made and verified such 
 entries, the trustees shall not draw on the supervisor for any por- 
 tion of his wa2:es. 
 
 The account to be entered by the trustees should specify every sum of money 
 received by them, or any one of them, in his official capacity, and of all orders 
 on the supervisor, or on the collector, givinor the date when and amount. On 
 the oppopite papfe they should credit themselves with every expenditure and 
 j)ayment, specifying particularly when, and to whom paid, and for what pur- 
 pose, and referring to a proper voucher, which shouUl be filed and delivered to 
 their successors. 
 
 On another page they should make an accurate inventory of all the movable 
 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 first, 
 second, third, etc., series of the Harper Library ; or Nos. 1, 2, 3, etc., of the Har- 
 jier Library or Family Lilirary, etc., etc., and the furniture, appendages and 
 apparatus of the school ro(mi, specifying each article. The wliole to be fol 
 lowed by a certificate in the following form :
 
 School District Meetings and Officers. 149 
 
 Wc, the subscribers, trustees of district No. , in tlio town of Trenton, do 
 
 hereby certify that the jjreceding, from paji:c to pajjfo , inclusive, con- 
 
 tains a true and acciuate 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 movable property belonging to said district. 
 Dated this day of , 18 . 
 
 A. B., ^ 
 
 C. D., > Trustees. 
 
 E. F., ) 
 
 The teacher's list, to be kept in the second book named, is tlie basis upon 
 which the average daily attendance is ascertained for the purpose of appor- 
 tioning sg much of the public money as is required to be apportioned according 
 to average attendance. 
 
 Among the first duties of the trustees will be that of placing the book in 
 the hands of the teacher, and directing him to keep the list daily, and accurately. 
 
 The teacher will write the name joi each scholar on the list, the first day 
 he enters school, and note his attendance every day during the term. The 
 trustee should inform him that, tmless the roll is correctly and faithfully kept, 
 and handed to the collector duly verified at the close of the scliool, he will not 
 be entitled to call on them for his wages. 
 
 At the close of his term the teacher must make out his list, containing the 
 name of all the pupils, with the date of their entrance, and the umubcr of days' 
 attendance in fall. 
 
 Registers for the use of teachers are now prepared in the office of the depai-t- 
 ment, printed and forwarded to the trustees in time for use in all the schools. 
 All needful explanations and directions for the instruction and guidance of 
 teachers and trustees will be found on the cover of the registers. 
 
 The correctness of the register must be verified by the teacher. The follow- 
 ing is the form of an affidavit : 
 
 Town of \ 
 
 County of . f ' 
 
 being duly sworn, deposes and says that the 
 within register of attendance of pupils in district No. Town of 
 from the day of 186 , to the day of 186 , is correct 
 
 to the best of h knowledge and that he has fully and truly made, in the 
 " statement " on the last preceding page, all the entries called for by the head- 
 ings of the respective colunms. 
 
 Signed, 
 Subscribed and sworn before me this i 
 day of 186 
 
 This affida^^t, or affirmation, may be certified by a justice of the peace, or 
 commissioner of deeds, judge of any court of record, county clerk or school 
 commissioner or district clerk to have been taken before him.
 
 15 School District Meetings and Officers. 
 
 § 54. If any portion of the moneys apportioned to tlie district 
 shall not be paid, by the supervisor, upon the due requirement of 
 the trustees, they shall forthwith notify the treasurer of the county, 
 and the Superintendent of Public Instruction, of the fact. 
 
 It is the duty of every supervisor to apply for and receive tlie public moneys 
 from the county treasurer as soon as they can after the commissioners have 
 made and certified their apportionment, which will be some time in the month 
 of March. They will therefore be ready to meet the orders of trustees at any 
 time after the first of April. 
 
 If they refuse to pay orders duly drawn, trustees and teachers, by a prompt 
 notice to the county treasurer and Superintendent, can have an early remedy 
 for mistakes or delay's. luriuiry cannot be made too soon iuto official neglect 
 of duty. 
 
 § 55. The trustees shall, once in each year, render to the dis- 
 trict, at its annual district meeting, a just, full and true account 
 in writing, under their hands, of all moneys received by them 
 respectively for the use of the district, and of the manner in which 
 the same shall have been expended, and showing to winch of 
 them an unexpended balance, or any part thereof, is chargeable ; 
 and of all drafts or orders made by them upon the supervisor, 
 collector, or other custodian of moneys of the district ; and a full 
 statement of all suits and proceedings brought by or against them, 
 and of every special matter touching the condition of the district. 
 
 If the trustees keep a book as directed by section 53 of this title, and pre- 
 serve and file all vouchers, the presentation of their account will be an easy 
 matter. It would be well for the meeting to select some man in whom they 
 have confidence to examine the accomit of the trustees and report to the inhab- 
 itants the result of his investigation. 
 
 § 5G. An outgoing trustee shall forlliwith pay to liis successor, 
 or any other trustee of the district in oilice, any such unexj)ended 
 balance, or part of such balance remaining in his hands. 
 
 As the public money remains in the hands of the supervisor, and the money 
 collected on district tax lists for teachers' wages in the hands of the district 
 collector, this section can apply only to trust funds, and money raised for building 
 purjioses, and for ordinary district expenses, such as repairs, furniture, blank 
 books, etc., etc. 
 
 § 57. Every trustee who shall refuse or neglect to render such 
 account shall forfeit twenty-live dollars. Every trustee who shall 
 neglect or refuse to pay over any balance so found in his hands,
 
 School District Meetings and Officers. 151 
 
 ehall forfeit twenty-five dollars. These penalties are for the 
 benefit of the schools of the district, and shall be sued for by the 
 Bupervisor of the town in which the school-house, or school-house 
 longest owned or held by the district, is. {/See sec. 22, of title 3.) 
 
 § 58. By a willful neglect or refusal to render such account, a 
 trustee also forfeits any unexpired term of his ofiice, and becomes 
 liable to the trustees for any district moneys in his hands. 
 
 § 59. The trustees in ofiice shall sue for and recover any district 
 moneys in the hands of any former trustee, or of his personal 
 representatives, and apply them to the use of the district. 
 
 § GO. The trustees of each school district shall, between the first 
 and second Tuesdays of October, in each year, make and direct to 
 the school commissioner a report in writing, dated on the first day 
 of October of the year in which it is made, and shall sign and cer- 
 tify it, and deliver it to the clerk of the town in which the school- 
 house of the district is situated ; and every such report shall cer- 
 tify: 
 
 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, and the whole number of 
 days, including holidays, in which the school was taught bj- quali- 
 fied teachers ; 
 
 2. The amount of their drafts upon the supervisor for the pay- 
 ment of teachers' wages during such year, and the amount of their 
 drafts upon hira for the purchase of books and school apparatus 
 during such year, and the manner in which such moneys have been 
 expended ; 
 
 3. The number of children taught in the district school or 
 schools during such year by qualified teachers, and the sum of the 
 days' attendance of all such children upon the school; 
 
 4. The number of children residing in the district on the last 
 day of September previous to the making of such report, between 
 the ages of five and twenty-one, and the names t>f the parents or 
 other persons with whom such children respectively 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 ]»urchasing school-house sites, for buildin<^, liirin'>-.
 
 152 , School District Meetings and Officees. 
 
 purehasino-, repairing and insuring school-houses, for fuel, for dis- 
 trict libraries, or for any other purpose allowed by law, and such 
 other information in relation to the schools and the district as the 
 Superintendent of Public Instruction may, from time to time, 
 require. 
 
 § 61. The annual reports of trustees of school districts, of chil- 
 dren residing in their district, shall include all over five and under 
 twenty-one years of age, Avho shall, at the date of such report, 
 actually be in the district, composing a part of the family of their 
 parents or guai'dians or employers, if such parents, guardians or 
 employers reside at the time in such district, although such resi- 
 dence be tempoi'ary; but such report shall not include children 
 belonging to the family of any person who shall be an inhabitant 
 of any other district in this State in which such children may by 
 law be included in the reports of its trustees ; nor any children 
 who are supported at a county poor-house or an orphan asylum ; 
 nor any Indian children residing on reservations where schools 
 provided by law for their education are taught. 
 
 § 62. Where a school district lies in two or more counties, its 
 trustees shall make such an annual report for each part of it lying in 
 a diiferent county, and tile each in the office of the clerk of town in 
 which the part of the district to which it especially relates lies ; 
 and such reports shall be in the form and contain all such special 
 matters as the Superintendent of Public Instruction shall from 
 time to time prescribe. 
 
 § 63. The trustee of every separate neighborhood shall every 
 year, within the time aforesaid, in like manner, make his annual 
 report to tlie school commissioner, and file it in the office of the 
 clerk of the town of which the neighborliood is a part. Such 
 report sliall specify the whole amount of public moneys received 
 during the year, and from what public officer, and the manner in 
 which it was expended ; the whole number of such children as can 
 be included in the district trustees' report residing in the neighbor- 
 hood on tlie last day of September previous to the making of the 
 repoit ; and any other matters which the Superintendent of Public 
 Instruction may require. 
 
 § 04. Every trustee of a school disti-ict or separate neighbor- 
 liood, will) sliall willfully sign a false report to a school commis- 
 sioner, with the intent of causing such school commissioner to
 
 School District Meetings and Officers. 153 
 
 apportion to his district or neighborliood a larger sum tlian its 
 just proportion of scliool moneys ; or in the ease of a trustee 
 of a separate neighborhood, Avith the intent to procure from the 
 State Superintendent of Public Instruction a larger allowance to 
 the neighborhood, shall for each offense forfeit the sum of twenty- 
 five dollars, and shall also be deemed guilty of a misdemeanor. 
 Such penalties, and any fines which shall be imposed for the misde- 
 meanor, are for the benefit of the common schools of the county. 
 
 The five sections from section 60 to section 64 inclusive ■will be considered 
 together. 
 
 A form of the annual report of the trustees will not be inserted, because it 
 is subject to alteration from year to year. The trustees are required to 
 report sucli information, besides what is specially named in the statute, as the 
 Superintendent of Public Instruction may from time to time reqiure. 
 
 The comments and instructions which follow apply to the blank reports for 
 the year 1867 ; omitting, however, all reference to rate bills, which, having 
 been abolished, will hereafter- have no place in the reports, and renumbering 
 the items after No. 4 in the financial report, and after No. 2 in the statistical 
 report. 
 
 The efficient working of our common school system requires that each school 
 officer sliall strictly observe its provisions. The reports of trustees are the 
 source of nearly all the statistical information in regard to the schools, and 
 therefore are of paramount importance. Accuracy in these reports is especially 
 necessary for the equitable and legal distribution of the public moneys, and 
 for the guidance of the Superintendent of Public Instruction and of the school 
 commissioners in their various duties. 
 
 The annual report to the school commissioners must be made by the trustees, 
 and deposited with the town clerk between the first and second Tuesdays of 
 October. It should always be made, when possible, by the trustees in office at 
 the close of the school year in regard to which the report is made, and should 
 be deposited with the town clerk iefore the annual meeting of the district. 
 
 A, digest of the facts and figures reported by the trustees of the various 
 school districts is made by the school commissioners of the respective commis- 
 sioner districts, and forwarded to the Superintendent of Public Instruction. 
 This digest becomes a part of the permanent record of this department, and the 
 facts therein contained are the bases upon which the annual apportionment is 
 made. 
 
 The law ])ro'\'ides that if trustees fail to make their report within the time 
 prescribed, and in consequence thereof there shall result a loss of any money 
 to the district, they may be held responsible for the money so lost. 
 
 The following explanations, carefully observed, will enable trustees to avoid 
 all errors which, under other circumstances, might find place in their report. 
 
 The nimibors, with the items to which they correspond, inclosed in quotation 
 marks in the following instructions, are taken from the blank for " Report of 
 20
 
 754 School District Meetings and Officers. 
 
 Trustees," issued from tlie Department of Public Instruction, and sent to every 
 district in the State. 
 
 " Financial." — " licceipts." 
 
 " 1. Balance on hand October 1, 186 , after paying all claims for previous 
 school expenses." 
 
 This includes the balance of the public moneys belonging to the district, 
 remaining in the hands of the supervisor, as well as all other moneys unex- 
 pended, whether raised by tax or derived from any other source, after paying 
 all the indebtedness of the district accruing previous to October 1, 186 . If, 
 on the first Tuesday of March, 186 , there was still remaining in the hands of 
 the supervisor any public money apportioned in the year 186 , it should not be 
 included here, in item " 1." 
 
 " 2. Amount of public school moneys, both for teachers' wages and library 
 apportioned to the district from State funds." 
 
 Do not include in this item any library moneys raised in the district, nor any 
 moneys referred to in item " 3." If any supplementary allowance has been 
 received from the Superintendent of Public Instruction, it should be reported 
 under this item. 
 
 " 3. Amount received from the proceeds of gospel and school lands, whether 
 rents, or the proceeds of a fund raised by the sale of such lands." 
 
 But few towns in the State have any funds or lands such as are referred to 
 in this item, and no explanation is deemed necessary, beyond what may be 
 found under section 1 of title 4. 
 
 "4. Amount raised, including the amount remaining io be raised, by tax on 
 property, for all school purposes witliin the school year ; but not including 
 money so raised to pay expenses of a previous year." 
 
 Trustees ■will include under this item only the amounts raised, and to be 
 raised, by tax levied upon the jyopeiiij in the district, for the payment of school 
 expenses (including teachers' wages) incurred within the school year. In fact, 
 the sum reported under this item ought to be the actual cost of the school 
 (including repairing and building) for the year, less the amount of the public 
 moneys and the amounts reported under items " 1," " 3 " and " 5." 
 
 If a tax has been ordered to be raised by installments, the trustees report 
 each year only the installment actually collected, or legally collectible, within 
 the year. 
 
 " 5. Amount received from all other sources, not above enumerated, viz. : 
 " Teachers' board for weeks, the teacher having boarded around (esti- 
 
 mated) ; 
 
 "Tuition bills of non-resident pupils, and of pupils not of school age; 
 " Subscriptions, donations, legacies, etc. ; 
 " Other sources not named above." 
 
 In cases where teachers provide themselves with board, without any cost to 
 the district over and above the stipulated wages per day, week or mouth, the
 
 School District Meetings and Officers. 155 
 
 value of Buch board is not to bo reported under this item. In other cases, 
 whatever the number of qualified teacliers employed, trustees should set down 
 tlie number of weeks each boarded around, and the value of the board of each, 
 and add these numbers, and place the whole number of weeks, and the whole 
 value of the board, in their report. This board should be stated in tho 
 "receipts," for the reason that it was just as truly furnished by the district for 
 the support of school, as were the moneys raised by tax. The amount of tho 
 tuition bills collected of non-resident pupils, and persons over twenty-one years 
 of age, should be reported under the second subdivision of this item. All 
 other moneys received during the school year, and not reported under any pre- 
 ceding subdivision, should be given in this item under the following subdi- 
 ^■ision. 
 
 The several sums reported under item " 5," should be placed in the inner 
 column, then added, and their amount written directly beneath, and also in 
 the outside column, opposite the words " Total, carried into outside column." 
 
 "6. Total." 
 
 Special care should be taken that this " total," or footing be correctly made. 
 
 " Payments." 
 
 " 7. For teachers' wages earned during the school year ending with Septem- 
 ber 30, 18G (except for colored schools), as follows, viz. : 
 
 "By drafts on the supervisor ; 
 
 " From funds collected by a tax on property ; 
 
 " Value of teachers' board, the teacher iiaving boarded around (estimated) ; 
 
 "From moneys received from all otlier sources ; 
 
 " Teachers' wages remaining unpaid Oct. 1, 18G ." 
 
 Under specification " By drafts on the supervisor," trustees should include 
 all drafts actually made during the school year closing with September 30th, 
 186 , for payment of teachers' wages earned during that year, whether made 
 for payment of moneys apportioned for that year or the previous school year. 
 But if they have, since the close of the year, paid, or contemplate paying 
 in the future, any wages of teachers for that year 4'rom the moneys in the 
 supervisor's hands October 1, 186 , such payments should not be included in 
 ihts subdivision, of the item. The amounts for wages thus paid would be prop- 
 erly embraced in subdivision " Teachers' wages remaining unpaid," and 
 should be reported next yaar under subdivision " By drafts on the supervisor." 
 
 Under subdivision " From funds collected by tax on property," will bo 
 included all moneys raised by district tax for teachers' wages. The amount to 
 be reported under " Value of teachers' board," etc., will be the same reported 
 imder the first subdivision of item " 5 " of receipts. 
 
 If trustees have paid out for teachers', wages any moneys received from any 
 sources not named in the first four subdivisions of this item, they should report 
 them under subdivision " From moneys received froTu all other sources." 
 
 The amount to be reported under subdivision " Teachers' wages remaining 
 unpaid," will be easily found, by subtracting, from the amount contracted to be
 
 156 School District Meetings and Officers. 
 
 paid to teachers for wages earned during the year, the sums reported under 
 the preceding subdivisions of this item. 
 
 " 8. For libraries ; including all moneys applicable to library purposes ; both 
 the amount received from the supervisor, and the amount raised in the district, 
 within the year, for such purpose." 
 
 Under this item state the amount actually paid for new books for the library 
 and the repair of old books, from moneys stated in the report as received by or 
 raised in the district. They will not include any amount paid for a book-case. 
 
 " 9. For school apparatus ; such as blackboards, globes, maps, etc." 
 
 State the amount which has actually been paid for school apparatus, vdthin 
 the year, from the moneys of that year, whether library money received fi'om 
 the State, or money raised by tax, or received from any other source. 
 
 " 10. For colored schools ; all expenses, for teachers' wages or other purposes, 
 actually paid or to be paid." 
 
 "11. For expenses of school-houses and sites, viz. : 
 
 " For sites ; 
 
 " Building or purchasing school-houses ; 
 
 " Hiring school-houses ; 
 
 " Repairing and insuring school-houses ; 
 
 " Fences, side- walks, out-houses, and improving sites ; 
 
 " Furniture ; such as chairs, tables, clocks, bells, etc." 
 
 I 
 Under the second: subdivision of item " 11," in cases where a tax for the ipui- 
 
 pose of building a school-house is raised by installments, include only the 
 installment collected and paid out within the year. 
 
 " 12. For all other incidental expenses, viz. : 
 
 " For fuel, and preparing the same for use ; 
 
 " Building fires, and sweeping and otherwise cleaning school-houses ; 
 
 •' Salaries, other than those of teachers, for the following piu'poses, \dz. : " 
 
 By section 50 of title 7, trustees are authorized to " provide for building fires 
 and cleaning the school room, by arrangement with the teacher or otherwise." 
 
 The moneys paid for these purposes, unless paid to the teacher as a part of 
 his wages as teacher, hy special contract, or to some individual employed at a 
 salary by the year, as janitor, should be reported under the second subdivision 
 of this item. If paid to a janitor as salary, they should be reported, and the 
 purpose for which they were paid specifically stated, on the blank lines imdor 
 the last subdivision. 
 
 In cases where a clerk of the board of education has been appointed, and a 
 salary has been paid him, under authority derived from a special act of the 
 Legislature, the fact, and the sum paid as salary, should be reported on the 
 blank lines under the last subdivision of this item. 
 
 " 13. Forfi'itcd by not having been drawn from supervisor's hands before tho 
 first Tuesday of March, 186 ."
 
 School District Meetings axd Officers. 157 
 
 If there were any public school moneys apportioned to a district by the 
 echool commissioner in 186 , remaining in the hands of the supenisor on 
 the iirst Tuesday of March, 186 , such moneys were on that day forfeited by 
 the district, and should have been reported by the supervisor to the county 
 treasurer. If any such sum vras so reported, it vras re-apportioned by the com- 
 missioners among the districts of the entire county. The amount so forfeited, 
 if any, must be stated under this item. {See section 4 of title 4, and also subdi- 
 v'sion 3 of section 21, title 3 of this act.) 
 
 " 14. Amount remaining on hand October 1, 180 , after paying all claims, for 
 school purposes, up to that date." 
 
 If the report is correctly made, up to this point, trustees will easily find the 
 true balance by subtracting from the total "receipts" the sum of the items 
 under " payments," preceding item " 14," But in order to verify their report, 
 they can collect into one sum all the moneys subject to their order, for which 
 prders were not given previous to October 1, 186 , viz. : The amoimt of public 
 moneys remaining in the hands of the supervisor ; the amoimt in the collect- 
 or's hands, together with the amount remaining uncollected on tax list, even 
 though such tax list has not been put into the collector's hands ; any amount 
 in their own hands, from any source whatever, as from tuition bills of non- 
 resident pupils or pupils over twenty-one years of age, donations or legacies ; 
 and all moneys, wherever they may be, to which the district has an undisputed 
 title, and which were due pre^"ious to October 1, 186 . 
 
 From this sum subtract the amount still due for teachers' wages, and for any 
 other expenses, wliich accrued previous to October 1, 186 . This balance should 
 agree with the former balance found as above stated. 
 
 "15, Total." 
 
 This total of "payments" must agree, and will agree if correctly com. 
 posed, with the preceding " totAxl " of " receipts " imder item " 6." If, upon find- 
 ing the correct sum of the items, these totals do not agree, the error must he dis- 
 covered and corrected in the proper place. 
 
 •' Statistical." 
 Tlie " Statistical " portion of the report should be rigidly exact. 
 
 "1. The number of duly licensed teachers employed and teaching at the same 
 time for twenty -eight weeks, or more, during the school year commencing 
 October 1, 18G , and closing with September 80, 186 ." 
 
 What the Superintendent wishes to know, under this item, is, not how many 
 different teachers have been in school during the school year, but how many 
 duly licensed teachers has the school had regularly and constantly employed 
 teaching in the school all the time for the same entire twenty-eight weeks. A brief 
 temporary alisence of any teacher, occasioned by sickness or other uncon- 
 trolhible circumstance, the trustees paying the teacher for the entire time, 
 is not to be regarded.
 
 158 School District Meetings and Officers. 
 
 Suppose A. lias been employed for tlio winter term, and B. for the summer 
 term. In that case trustees are to report (in answer to the question) only 
 one teacher. Again, if A. taught ten icteks, B. ten iveeks, and C. eight weeks or 
 more, they report but one teacher. But if A. and B. taught both at the same 
 time, and each for twenty-eight iveeks, then they are to report tivo teachers ; or if 
 A. and B. taught together twelve Aveeks, then C. and D. twelve weeks, and 
 finally E. and F. four weeks, they are to report in such case only two teachers 
 
 This item forms a basis for the distribution of a part of the school money, 
 and will not admit of errors. 
 
 " 2. The number of children over five and under twenty-one years of age, 
 residing in the district on the 30th day of September, 18G , etc." 
 
 An actual census must be taken, and none under five or over twenty-one 
 years of age should be reported. The penalty affixed by law for a false report, 
 as to the number of children in the district, is twenty-Jive dollars, to be collected 
 from the trustees m-aking such report. In making up this nvunber, and the 
 " schedule " which follows the statistical part of their report, trustees will 
 consult sections 61, 63, 63 and 64, in article 6 of title 7 of this act. 
 
 " 3. The number of private schools within the district (not including collegesF 
 incorporated academies or seminaries) ; " and, 
 
 " 4. The number of pupils over live and imder twenty-one years of age, 
 registered as having attended such private schools some portion of the school 
 year closing Avith September 30, 18G ." 
 
 In reporting the number of private schools, and of the piipils attending 
 them, there has heretofore been great neglect on the part of some district 
 officers. Trustees should take pains to ascertain the facts fully, and report 
 them correctly. 
 
 " 5. The whole time the district school was taught within the twelve months 
 ending with September 30, 186 , etc. ;" and, 
 
 "6. The whole time the district school was taught by teachers ^vhi!e duly 
 licensed, during said year." 
 
 The whole time, in iveeks and days, during which school has been kept by 
 duly licensed teachers should be carefully stated. It is important also that tho 
 dates on which each teacher commenced and closed his service be given. 
 These dates can be obtained from the school register, kept by the teachers, as 
 Bliown Ijy the affidavits made by them at the close of the register. 
 
 " 7. The names of the teachers who taught tho district school during tho 
 Bchool year commencing October 1, 186 , and closing Avith September 30, 186 , 
 and of the authorities by whom they were severally licensed, and tlu; dates of 
 the beginning and ending of the services of each, and the time of service 
 of each, while duly licensed, etc." 
 
 Do not fail to write the first Christian name of each teacher in full, and 
 to state by whom each teacher was licensed. This is an easy matter, if trustees, 
 n.s they should, refuse to hire any teacher who cannot show his license. Thero 
 is evidence in this department that, in some few instances, persons askmg 
 employment as teachers inform trustees that they are duly licensed, when they 
 are not. It is therefore suggested that, before hiring a teacher, trustees require
 
 School District jNIeetings and Officers. 159 
 
 him to show his license, and that they examine it for the purpose of Icnowing 
 that the time for which it was granted has not expired. This is a safe pro- 
 caution, to which an honest ap])licunt for any school will not object. 
 
 Attention is particularly called to the follov.-ing sections of the school act, 
 viz. : Sections 7 and 29 of title 3 ; sections 42 and 43 of title 7, and section 9 
 of the same title. 
 
 Those children ONLY are of SCHOOL AGE, ivho are over five and under twenty-one 
 years of age. 
 
 "8. The number of children of school age, who, u-hiJe residing in the dis- 
 trid, attended the district scliool some portion of the school year ; " and, 
 
 " 9. The number of children of school age, who, while residing in other dis- 
 tricts, attended the district school in this district some portion of the school year." 
 
 Trustees will, in stating the " number of children of school age, who, 
 while residing in the district, attended the district school," keep in \iew and 
 make the distinction, in their report, between those who, while attending 
 Bchool, were residents of their district, and those who were not residents of it ; 
 and, in the " schedule " at the close of their report, they will give the number, 
 and the names of the parents or guardians, of those children only who resided 
 in the district on the 30th day of September, 186 . 
 
 This information will be indispensable to the scliool commissioner, for tho 
 purpose of apportioning to every district its just share of the public money. 
 
 " 10. The whole number of children, of school age, who attended the district 
 Bchool some portion of the year." 
 
 The number to be reported imder this item, is the sum of the numbers reported 
 under items " 9 " and " 10." 
 
 "11. The average daily attendance of children of school age, residing in the 
 district while attending the school ; and, 
 
 " 13. The average daily attendance of children, of school age, attending tlio 
 school, but residing in other districts while so attending." 
 
 The average daily attendance of ch.ildren of school age residing in the dis' 
 trirt while attending the school, and of the children of school age attending 
 the school, but residir^g in oiJier districts while so attending, must be given, or 
 the district \vill not draw any public money for attendance. Trustees must 
 not include the attendance of any children while they were under o years of 
 age, nor the attendance of any pupils after they became 21 years of age. 
 
 In cases where there are children who have attended certain departments 
 of the school not taught by duly licensed teachers, the attendance of sucli 
 pupils should not be reported for the time during which they have attended 
 such departments, unless they have at the same time attended some department 
 of the school which was taught by a duly qualified and licensed teacher. 
 
 The RULK for finding the average daily attendance, in each case, is simply 
 this : 
 
 1. Add together all the days' attendance of all the children over 5 and under 21 
 years of age, who, while residing in the district, attended the district school, and divide 
 the sum by the whole number of days on which the school was actually taught as stated
 
 160 School District Meetings and Officers. 
 
 in Hem " IG." (Tri;stees will not include for tliis imrpose, in the zvhole number of 
 days on luhich school was actually taught, any days, whether they be legal 
 holidays or other days, on which the school did not hold its regular session ; 
 since no attendance of pupils will be found on the registers for those days.) 
 
 2. Add together the days' attendance of all the non-resident pupils over 5 and under 
 21 years of age, ivho, luhile residing in other districts, attended the district school, and 
 divide the sxim by the number of days school was actually taught as stated in Hem " 16." 
 
 When a fraction is contained in the average daily attendance, write it as a 
 common and not as a decimal fraction ; thus, 220 120-150ths, not 220.8. Do not 
 reduce the fraction to lower terms. 
 
 All children of over five and under twenty-one years of age, residing in the 
 county in which the school-house stands, are to be reported, as regards their 
 number and attendance, to the commissioner in whose commissioner district 
 the school-house is situated. 
 
 In a few other cases which exist within the State, it is believed that the 
 proper course for the trustees to pursue in making their annual report to the 
 commissioner -will be shown by the following example, which is designed as a 
 guide for trustees of joint districts ; that is, districts bji7ig partly in two or more 
 counties. No other districts are joint districts. 
 
 Example. 
 
 There is a certain school district, No. 7, lying partly in the town of Antwerp, 
 in the second commissioner district of Jefferson county, partly in the town of 
 Theresa, in the third commissioner district of Jefferson county, and also partly 
 In the town of Rossie, in the first commissioner district of St. Lawrence county. 
 
 We will suppose, for our purpose, that the school-house stands in Rossie, 
 and that the following statement shows the other facts as regards children and 
 their residence and attendance, from which the trustees are to make their 
 report. Suppose, also, that the fonn of the district and the relative positions 
 of the school-house and the town and coimty lines, are correctly shown by the 
 following
 
 School District Meetings and Officers. 
 DIAGRAM. 
 
 161 
 
 St. Lawrence County. 
 
 First Commissioner District. 
 
 M. L. Laugulin, School Commissioner. 
 
 Town of 
 ROSSIE. 
 
 School D House. 
 
 Jefferson 
 
 Third Commissioner District. 
 
 Chas. a. Kelsey, School Comm'r 
 
 Town of 
 THERESA. 
 
 County 
 
 Second Commissioner District. 
 
 J. M. Beaman, School Comm'r. 
 
 Town of 
 ANTWERP. 
 
 Statement. 
 
 Suppose that in Rossie 
 
 The number of childi-en of school age residing in said district No. 7 
 
 and in Rossie, September 30, 186 , was, 18 
 
 The number of children of school age, who, while residing in the 
 
 district, attended said school during the year, was, 13 
 
 They attended said school in the aggregate, 1,850 days. 
 
 The number of children of school age, wlio, while residing in other 
 
 districts in Rossie, attended said school during the year, was, ... 6 
 
 They attended said school in the aggregate, 725 days. 
 
 In Antwerp. 
 The number of children of school age, residing in said district and 
 
 in Antwerp, September 30, 18G , was, 15 
 
 The number of children, of school age, who, wliile residing in the 
 
 district, attended said school during the year, was, 10 
 
 They attended said school in the aggregate 1,225 days. 
 
 21
 
 162 School District Meetings axd Officers. 
 
 The number of children, of school age, who, while residing in other 
 
 districts in Antwerp, attended said school during the year, was,. . 3 
 
 They attended said school in the aggregate, S7o days. 
 
 In Theresa 
 
 The number of children, of school age, residing in said district and 
 in Theresa, September 30, 18G , was 13 
 
 The number of children, of school age, who, wliile residing in the 
 
 district, attended said school during the year, was, 9 
 
 They attended said school in the aggregate, 1,250 days. 
 
 The number of children, of school age, who, while residing in other 
 school districts in Theresa, attended said school during the year, 
 
 was, 4 
 
 They attended said school in the aggregate, 575 days. 
 
 The whole number of days on which school was actually taught 
 during the school year, that is, was open for the instruction of 
 pupils, a duly licensed teacher ha\-ing been present each day (as 
 given in item 17), was, 150 
 
 Now, how shall the trustees make their annual report, as regards the num- 
 ber of children and their attendance ? 
 
 They would report to the commissioner of the first commissioner district of 
 St. Lawrence county, as follows : 
 
 " 8. The number of children, of school age, who, while residing in the 
 district, attended the district school some portion of the school 
 year, was, 13 
 
 " 9. The number of children, of school age, who, tchik residing in 
 other districts, attended the district school in this district some por- 
 tion of the school year, was, 6 
 
 10. The whole number of children, of school age, who attended 
 the district school some portion of the year, was (13 and 6 are),. . 19 
 
 " 11. The average daily attendance of cliildren, of school age, resid- 
 ing in the district while attending the school, was ('^ or 13 ,-j^ is), l^j^^ 
 '13. The average daily attendance of children of school age, 
 attending the school, but residing in other districts while so attend- 
 ing, was (jy-y or 4j-j,- is), 4 jy;, 
 
 And in the " schedule " at the close of the report, they would specify and 
 report only the eighteen children residing in school district No. 7 and in the 
 town of Rossie, September 30, 18G . 
 
 They would report to the commissioner of the second commissioner district 
 of JefTerson county, as follows : 
 
 8. The number of children of school age, who, while residing in the 
 district, attended the district school some portion of the school 
 year, was, 
 
 10
 
 School Distkict Meetings and Officers. 163 
 
 " 9. The number of children of school age, who, ivhile reniding in 
 other districts, attended the district school in this district some por- 
 tion of the school year, was, 3 
 
 "10. The whole number of children of school age, who attended 
 
 the district school some portion of the year, was (10 and 3 are),. . 13 
 
 " 11. The average daily attendance of children of scliool age, resid- 
 ing in the district while attending the school, was (-^^^ or 8,4^ is), 8 jio 
 
 " 12. The average daily attendance of children of school age, attend- 
 ing the school, but residing in other districts while so attending, 
 
 rro or 2 ^^^ is), 2^^ 
 
 In the " schedule " at the close of their report, they would specify and report 
 onhj the fifteen children residing in district No. 7 and in the town of Antwerp, 
 September 30, 186 . 
 
 They would report to the commissioner of the third commissioner district of 
 Jefferson county, as follows : 
 
 ' 8. The number of children of school age who, ivhUe residing in the 
 district, attended the district school some portion of the school 
 year, was, 
 
 9 
 
 " 9. The number of children, of school age, who, while residing in 
 other districts, attended the district school in this district some portion 
 of the school year, was, 4 
 
 " 10. The whole nimiber of children, of school age, who attended 
 the district school some portion of the school year, was (9 and 
 4 are), 13 
 
 "11. The average daily attendance of children, of school age, 
 residing in the district while attending the school, was Q~ or 
 8^„i9) QxTo 
 
 " 12. The average daily attendance of children, of school age, attend- 
 ing the school, but residing in other districts while so attending, 
 was (til '^^ 2 1 0? is), 3 
 
 155 
 
 In the "schedule " at the close of their report, they would specify and report 
 only the twelve children residing in district No. 7 and in the town of Theresa. 
 
 These three reports would be on separate papers and would be sent to the 
 respective commissioners. 
 
 " 13. The whole number of days' attendance at the district school of all the 
 children, of school age, residing in the district while attending the school." 
 
 Trustees will be careful and include in item 14, the attendance of those 
 children only, who, while attending their school, resided in their district. 
 
 " 14. The whole number of days' attendance at the district school, of all the 
 children of school age, residing in other districts while attending the school." 
 
 It is very important to report correctly, under item 15, the attendance of those 
 children only who, while attending school, resided in other school districts.
 
 164 School Disteict Meetings and Officers. 
 
 Trustees must not include under either item 13 or 14 the attendance of any 
 children who were not of school age at tlie time of such attendance. In many 
 districts there wll be pupils who became five or twenty-one years of age during 
 the school year. In such cases trustees should include under these items the 
 attendance of such pupils for that time only while they were over five and 
 imder twenty-one years of age. 
 
 " 15. The whole number of days' attendance of all the children of school 
 age who attended the school." 
 
 The nmnber of days to be reported in item 15 will be found by adding 
 together the two numbers reported in items 13 and 14. 
 
 " 16. The whole number of days on which school was actually taught during 
 the school year ; that is, was open for the instruction of pupils, a duly licensed 
 teacher having been present each day." 
 
 Include under this item all the days on which the district school was taught 
 by a duly qualified teacher, whether they be ordinary week-days or holidays. 
 
 By section 5 of title 11, trustees are authorized to " give to the teacher or 
 teachers employed by them, the whole or any part of the time spent by such 
 teacher or teachers in attending at any regular session or sessions of an institute 
 in a county embracing the school district or any part thereof, without deduct- 
 ing any tiling from his or their wages for the time so spent." Where trustees 
 have given the teacher such time so spent, and have paid the teacher Ms or her regular 
 compensation for such time, they may report the facts in their annual report ; and 
 in case such time, added to the time during which the district school shall have 
 been taught by a duly qualified teacher, shall equal twenty-eight weeks, " the 
 Superintendent of Public Instruction may include the district in his apportion- 
 ment of the State school moneys, and direct that it be included by the school 
 commissioner or commissioners in their apportionment of school monej'S ; pro- 
 vided always that such school district be in all other respects entitled to be 
 included in such apportionment." 
 
 Trustees will understand distinctly that they are not to report such time 
 imless the trustees have given it to the teacher, and have paid the teacher his 
 or her regular wages for such time. When reported it should not be included 
 tmder item " 16," but in item " 18," on the second page of the repoi-t, and 
 should constitute item " 14 " on the third page. 
 
 " 17. The number of holidays, during the terms of school, occurring on tho 
 regular school days, but during which the school was not taught." 
 
 Holidays occurring in vacations, or on days on which the school would not 
 be taught were they not holidays, arc not to be included in this item. 
 
 " 18. The number of other week-days, during the terms of school, on which 
 Bchool was not taught." 
 
 Under this item trustees will report Saturdays and other week-days on which 
 Bchool was not taught, occurring during the terms of school, but not in vaca- 
 tions. Include, also, those holidays occurring during the terms of school, wliich 
 were not reported under item " 16 " or " 17."
 
 School District Meetings a>'d Officeks. 165' 
 
 Vacations of a ■week or more, occurring- during the terms of school, are not 
 to be included in the time reported in item " IG," " 17 " or " 18." 
 
 A few words only need be said in regard to the remaining items on the 
 second page of the report. 
 
 It is especially important that trustees report the aciunl number of volumes in 
 the district library, and their estimated value. If the district has no library, 
 write the word " none " in the first blank space in item " 20." 
 
 In all cases they will state the value of the school-house site and of the 
 school-house respectively, according to their best judgment. Do not fail to 
 give the assessed valuation of all the property taxable in the district. 
 
 Trustees are urged to give correctly every item called for in the blank for 
 report. The questions on page 3 of the blank have been added mainly for the 
 purpose of affording the school commissioner and the department additional 
 information in regard to the affairs of the various districts. 
 
 A full tnd correct report in regard to evenj item called for by the blank for the 
 report must be insisted iipon by the school commissioners and by the depart- 
 ment. 
 
 In filling the blank spaces at the close of the report, give the name of post- 
 office, that the commissioner may know where to address the trustees, in case 
 he shall desire so to do. In many districts in the State, the district number 
 has been changed since July 17 1866. In every case the district should be 
 reported under the new number. 
 
 Joint Districts. 
 
 ff a district does not lie wholly in one coimty, and the children to be reported 
 do not all reside in the same county, trustees will make to the commissioner, 
 in whose commissioner district the school-house stands, a full "financial" 
 report, and also a full " statistical " report, except that it must be a report in 
 regard to those children only who reside in his county ; but they will include 
 all these, even though some of them may reside in some other commissioner 
 district of his county. They will make to each other commissioner in any 
 county other than that in which the school-house stands, and in whose com- 
 missioner district any portion of their school district is situated, a report show- 
 ing the length of time the school shall have been taught, by duly licensed 
 teachers, during the said school year ; the number of children of school age who 
 reside in that part of their school district which lies in his commissioner district ; 
 the nixmber of children of school age who, at any time dm'ing the year while 
 residing in that part of their district, shall have attended their school ; and also 
 the number of children residing in other school districts lying in any toivn in 
 his commissioner district, who shall have attended tlieir school for any length 
 of time during the year, being at that time of school age. They will also 
 make out the average daily attendance, in each case, so that, in each report, it 
 shall relate to those children only who are therein reported. 
 
 All blanks, registers, and other documents for school districts are to be sent 
 to the town clerk ; and the trustees should call for them if not received in
 
 166 Assessment and Collectiox of Taxes, 
 
 time. If they fail to receive them, simply because they have not called on the 
 town clerk for the same, they will not therefore be relieved from any responsi 
 bility of having the register kept, and of properly making their annual report. 
 
 It is quite important that the names of school district otTicers and their post- 
 office address be known at the department, and by the school commissioners, 
 that communications may be sent to any of them by mail. In view of this, 
 the law now requires the district clerk to report to the town clerk, immediately 
 after each annual school meeting, the names and post-office address of the 
 district officers. Trustees sliould see to it that the clerk of their district com- 
 plies with the law in this respect. 
 
 In making out the report, the trustees should, if possible, meet together. As 
 a precaution, it is earnestly urged that they complete their report and deposit 
 it in the office of the town clerk before the annual meeting. 
 
 In all cases the outgoing trustee should hand over to his successor in office 
 circulars and all other documents and papers relating to the district. 
 
 The importance of the position that the office of trustee holds in our admir- 
 able and beneficent school system, and the influence it must exert in insuring 
 the complete enforcement, or partial neglect, of its salutary provisions, cannot 
 be too highly magnified. Upon an intelligent conception of their trusts, and a 
 generous liberality in the dischai-ge of them, must depend in a great measure 
 the prosperity not only of every district, but of the schools at large. 
 
 SEVENTH ARTICLE. 
 Of the assessment of district taxes, and the collection of such 
 
 taxes ' a7id herein of the collector, hisjyowers, duties and liability/. 
 
 § 65, Within thirty days after a tax shall have been voted by 
 a district meeting, the trustees shall assess it, and. make out the 
 tax list therefor, and annex thereto their warrant for its collection. 
 But they may at the same time assess two or more ta.ves so voted, 
 and any tax or taxes they are authorized to raise without such 
 vote, and make out one tax list and one warrant for the collection 
 of the whole. They shall also prefix to their tax list a heading 
 sliowing for what purpose the different items of the tax is levied. 
 
 This section makes pro\ision, 
 
 1. For the time within which a tax list shall be made out ; 
 
 2. For wliat shall be included in it ; 
 
 3. For the heading of it. 
 
 1. The first sentence is substantially the same as section 99, chapter 480, 
 Laws of 1847. Of that section the supremo court said (2 Denio, 161) : "There 
 arc no negative words in the statute, such as would necessarily make it imper- 
 ative ; and in such a case, for the benefit of the public, the act may be done 
 aft>-'r the tlmi; has elapsed ; the statute, as to time, being regarded as directory 
 only." The court remark, however : " Had it appeared, in this case, that there
 
 ASSESSilEXT AXD COLLECTION OF TaXES. 167 
 
 was such a change in the taxable persons or property in the district, between the 
 expiration of the month and the time the tax list was made out, a different ques- 
 tion would have been presented. But it does not appear that there was any such 
 change, or that the plaintiff was in any way injured by the delay." The policy 
 of the statute is. that the tax shall affect only the persons and property subject 
 to the authority of the meeting which imposes it, and such persons as shall 
 voluntarily expose themselves to liability while the tax list is being made out. 
 Land purchase! after a tax is voted, but before the tax list is made out, should 
 be assessed to the purchaser, if he has taken possession ; and the seller may 
 be taxed for the purcliase-money secured by mortgage, as personal property, 
 although he has reserved the possession to a tenant until a period which ^vill 
 not arrive imtil after the tax list is made out. Persons about to remove from 
 the district must be included in the tax list, if inhabitants when it is completed. 
 
 By section 83 of this title the trustees are forbidden to deliver the tax list 
 and warrant to the collector until the tlurty-first day after the tax was voted. 
 A tax list cannot be regarded as completed until it has been delivered with the 
 warrant to the collector. While it remains in the hands of the trustees it may 
 be altered and amended at any time. The actual making up of a tax list and 
 warrant may be the work of a clerk or amanuensis. Although it may be in 
 due form and contain all that, is legally necessary, even to the signatures, it 
 cannot be deemed complete imtil it has passed from their hands to the proper 
 officer to collect it. There is an analogy between such a paper and a deed, 
 mortgage or lease. They may be complete as to form and execution, but the 
 transaction between grantor and grantee is not complete without delivery. 
 
 It is the clear duty of trustees to proceed in the making out of every tax 
 list with such dispatch that it may be completed within tliirty days, whenever 
 practicable. It should not be postponed because circumstances may render it 
 expedient to delay the collection. 
 
 If the copy of an appeal be served before the trustees have completed their 
 assessment, the time during which the appeal is pending is to be deducted in 
 counting the thirty days. ■ 
 
 2. In regard to the form of a tax list, the following directions, prescribed by 
 title 2, chapter lei, first part ofj|the Revised Statutes, for the government 
 of as.sessors, are appropriate, and it would conduce to accuracy for trustees to 
 conform to them, whether it be strictly necessary or not. 
 
 " § 9. They shall prepare an assessment roll, in which they shall set do'mi in 
 four scjiarato columns, and according to the best information in their power: 
 
 "1. In the first column the names of all the taxable inhabitants in the town 
 or ward, as the case may be ; 
 
 " 2. In the second column, the quantity of land to be taxed to each person ; 
 
 " 3. In the third column, the full value of such land, according to the defini- 
 , tion of the term land, as given in the first title of this chapter. 
 
 4. In the fourth column, the full value of all the taxable personal property 
 owned by such person, after deducting the just debts owing by him. 
 
 " ^ 10. AVhere a person is assessed as trustee, guardian, executor or admin- 
 istrator, he shall be assessed as such, with the addition to his name of his rep- 
 resentative character, and such assessment shall be carried out in a separate 
 line from his individual assessment ; and he shall be assessed for the value of
 
 168 
 
 Assessment and Collection" of Taxes. 
 
 tlie real estate held by him in such representative character, at the full value 
 thereof, and for the personal property held by him in such representative 
 character, deducting from such personal property the just debts due from liim 
 in such representative character." 
 
 3. The following are suitable forms of tax list and warrant : 
 List of taxes apportioned by the trustees of District No. , in the town of 
 Trenton, county of Oneida, in accordance with the provisions of article seven, 
 title seven, of the general school law of the State of New York, for the purpose 
 of raising the sum of $1,081.80, laid and charged on tlie said district according 
 to law, viz. : $50 for the purchase of an additional site and $1 ,000 for build- 
 ing thereon, voted by a district meeting on the day of , 186 , $10 
 for repairs of the school-house, and $8.20 for fuel. 
 
 NAMES OF TAXABLE INHABITANTS AND COKPORA- 
 TIONS. 
 
 a 
 
 ii 
 
 O 
 
 II 
 > 
 
 
 c 
 
 3 
 o _. 
 
 a S 
 
 ,- « 
 
 oo 
 El 
 
 James Thomas, 
 
 80 acres. 
 
 $400 
 
 $1,025 
 25,000 
 
 $6 81 
 
 17 45 
 
 446 91 
 
 10 04 
 
 James Thomas, executor of estate of John Thomas, 
 
 
 5 acres. 
 X acres. 
 
 1,250 
 025 
 
 John Davison 
 
 Statement and description of unoccupied and unimproved lands of non-residents 
 of said district on which a tax haf^been imposed as above stated : 
 
 NO. AND DESCRIPTION OF LOTS AND PARTS OF L(»S. 
 
 No. 17, short tract, 
 
 Tliat part of the south-west quarter of lot No. 9.3. 
 short tract, which lies cast ol a line rniiuinir north 
 43" west from the south-cast corner of lot No. 12, 
 in the same tract, being the district boundary 
 line . . . 
 
 
 10 acres. 
 
 2X acres. 
 
 $25 00 
 
 C 00 
 
 o X 
 
 $0 75 
 
 18
 
 Assessment and Collection of Taxes, 169 
 
 To the collector of school district Xo. , in tlie town of 
 
 county of : 
 
 You are hereby commanded to receive 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 persons and corporations so named, and to the several 
 tracts of land so described, or so much thereof as may be voluntarily paid 
 to you for two successive weeks after the delivery to you of this warrant, 
 together with one cent on each dollar thereof for your fees ; and, after the 
 expiration of the time above mentioned, to proceed forthwith to collect the resi- 
 due of the sums not so paid in as aforesaid, with five cents on each dollar 
 thereof for your fees ; and in case any person upon whom such tax is imposed 
 shall 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 collect- 
 ors of taxes in towns ; and you are to make a return of this warrant witliin 
 thirttj days after the delivery thereof to you ; and, if sny tax on the real estate 
 of a non-resident mentioned in the said list shall be impaid at the time when 
 you are required to return this warrant, you are to deliver to the trustees of 
 the said district an account thereof, according to law. All moneys received or 
 collected by you by virtue of this warrant, you are to keep safely, and to pay 
 out the same on the written order of a majority of the trustees. 
 
 Given under our hands this day of , in the year one 
 
 thousand eight hundred and sixty- 
 
 A. B.,) 
 
 C. D.,V Trustees. 
 
 E. F.,) 
 
 When the tax has been levied and assessed by all the trustees, their judicial 
 duties are at an end ; it is unimportant whether all are present at the signing 
 of the warrant, which is but a ministerial act. (19 Barb., 167.) It is becaiise 
 the issuing of the warrant is a ministerial act, and the statute prescribes the 
 legal effect of the process, that the trustees will be trespassers if they adopt a 
 form which departs from it and directs the collector to act otherwise than the 
 law directs. (16 Wend., 607.) The collector acts for two weeks after the deliv- 
 ery of the warrant as mere receiver of taxes ; if he undertakes to levy upon 
 property within that time, he becomes a trespasser. (17 Ba?-l>., 147.) 
 
 The statute no longer prescribes thirty days, or any other period, within 
 which the warrant shall be made returnable (IS Barb., 331) ; but the trustees 
 must prescribe a time in the warrant, and should not depart from the former 
 usage except for strong reasons. 
 
 § 66. In making out a tax list, the trustees of school districts 
 
 shall apportion the same on all taxable inhabitants of the district, 
 
 and upon corporations and persons holding property therein, 
 
 according to the valuation of the taxable property which shall be 
 
 22
 
 170 Assessment and Collection of Taxes. 
 
 owned or possessed by them at the time of making out such list 
 •within such district, or partly within such district, and partly in an 
 adjoining district, and uj^on all unoccupied real estate lying within 
 the boundaries of such district, the owners of which shall be non- 
 residents, and wliich shall be liable to taxation for town or county 
 purposes; and upon the amount of 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 within such district, which 
 rents shall be assessed to the person or persons entitled to receive 
 the same as personal estate, Avhich it is hereby declared to be, 
 for the purpose of taxation for school purposes, at a principal sum, 
 the interest of which, at the legal rate per annum, shall produce a 
 sum equal to such annual 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 tlie trustee or trustees, and the 
 same shall be assessed in manner aforesaid. But when it shall be 
 ascertained that the proportion of any tax upon any lot, tract or 
 parcel not occupied by any inhabitant, or upon rents reserved, 
 would not amount to fifty cents, the trustees, in their discretion, 
 may omit such lot, tract or parcel, or reserved rents, from the tax 
 list. Banks or banking associations, organized under the laws of 
 Congress or of this State, shall be taxed by assessing the indi- 
 vidual stockholders for the amount of stock owned or possessed 
 by them ; but such assessment shall be made only in the district 
 where the bank is located. And it is hereby made the duty of 
 the president or cashier of any such banking association, or of the 
 person temporarily performing the duties of either of them, to fur- 
 nish to the trustee or trustees, or board of education of the school 
 district in which the bank of such association is located, whenever 
 the same shall be called for, for the purpose of making out a tax 
 list for the collection of a district tax, a list of all persons and 
 bodies corporate, owning or holding stock in said bank, which list 
 shall also show the amount of stock owned or held by each 
 such person or body corporate. A refusal to comply with the 
 requirements of this section, by the officers of any such banking 
 association heroin named, shall be punished by a fine of not less 
 than fifty nor more than two hundred dollars for each and every 
 refusal, to be sued for by the supervisor of the town in Avhich the 
 bank of such association is located, in his name of office; which
 
 Assessment axd Collection of Taxes. 171 
 
 penalty, when collected, sli;ill be for the benefit of the school dis- 
 trict in -which such bank is located. Individual bankers shall be 
 assessed in accordance with the provisions of section 2 of chapter 
 761 of the Laws of 1866. 
 
 The statute requires the trustees to ascertain and determine who are taxable 
 inhabitants at the time of making out the (ax list, and to apportion the tax on the 
 persons and corporations then holding property in the district, without regard 
 to the time when tlie same was voted, and without discrimination on accoimt of 
 the purpose for wliich it was voted, except that in favor of any inhabitants under 
 section 73, of this title. 
 
 The personal property of all persons actually residing in the district is taxa- 
 ble therein, wherever such personal property may be situated. As an exception 
 to this rule, the shares in banlis and banking associations are taxable only in 
 that district in which the bank is located. It is also provided, by chapter .S7 of 
 1855, tliat " all persons and associations doing business in the State of New 
 York, as merchants, bankers or otherwise, either as principals or partners, 
 whetlier special or otherwise, and not residents of this State, shall be assessed 
 and taxed on all sums invested in any manner in said business, tlie same as if 
 they were residents of this State, and said taxes shall be collected from the 
 property of the firms, persons or associations to which they severally belong." 
 
 Non-residents, taxable under the above cited statute, are to be deemed taxable 
 inhabitants of the district in which they may be doing business. If the owners 
 or their agents become temporary sojourners in the State, for the purpose of 
 managing sucii business, their residence for the purpose of such taxation is 
 defined in the followinar statute : 
 
 " § 5. Every person shall be assessed in the town or ward where he resides 
 when the assessment is made, for all personal estate owned by him, including 
 all personal estate in liis possession or under liis control as agent, trustee, 
 guardian, executor or administrator ; and in no case shall property, so held 
 under either of these trusts, be assessed against any other person ; and in case 
 any person, possessed of such personal estate, shall reside, during any year in 
 whicli taxes may be levied, in two or more counties, towns or wards, his resi- 
 dence, for the purposes and within the meaning ot tliis section, sliall be deemed 
 and held to be in the county, town or ward in which his principal business 
 shall have been transacted ; but the products of any State of the United States, 
 consigned to agents in any town or ward of this State, for sale on commission, 
 for tlie benefit of the owner thereof, shall not be assessed to such agent, nor 
 shall such agents or moneyed corporations or capitalists be liable to taxa- 
 tion under this section, for any moneys in their possession or under their con- 
 trol transmitted to them for the purposes of investment or otherwise." {Title 2, 
 chu/ittr 13, 2^(^>'( Isi liuvistd Siatalen, as amended by section 2, chaptur 176 of 1851.) 
 
 The Revised Statutes " of the assessment and collection of taxes," in title 1 
 of the same chapter from which the preceding quotation is taken, contain the 
 following provisions :
 
 172 Assessment axd Collectiox of Taxes. 
 
 " § 2. The term ' land,' as iised in this chapter, shall be construed to include 
 the land itself, all buildings and other articles erected upon or atfixed to the 
 same, all trees and underwood growing thereon, and all mines, minerals, 
 quarries and fossils, in and under the same, except mines belonging to the 
 State ; and the terms ' real estate ' and ' real property,' whenever they occur in 
 this chapter, shall be construed as having the same meaning as the term ' land ' 
 thus defined. 
 
 " § 3. The terms ' personal estate ' and ' personal property,' whenever they 
 occur in this chapter, shall be construed to include all household furniture, 
 moneys, goods, chattels, debts due from solvent debtors, whether on account, 
 contract, note, bond or mortgage, public stocks and stocks in moneyed corpo- 
 rations. They shall also be construed to iiKlude sucii portion of the capital of 
 incorporated companies, liable to taxation on their cajjital, as shall not be 
 invested in real estate. 
 
 " § 4. The following property shall be exempt from taxation : 
 
 " 1. All property, real or personal, exempted from taxation by the Constitu- 
 tion of this State or under the Constitution of the United States ; 
 
 " 2. All lands belonging to this State or the United States ; 
 
 " 3. Every building erected for the use of a college, incorporated academy or 
 other seminary of learning ; every building for public worship, every school- 
 house, court-house and jail ; and the several lots whereon such buildings are 
 situated, and the furniture belonging to each of them ; 
 
 " 4. Every poor house, almshouse, house of industry, and every house 
 belonging to a company incorporated for tlie reformation of offenders, and the 
 real and personal property helonging to or connected with the same ; 
 
 " 5. The real and personal property of every public library ; 
 
 " 6. All stocks owned by the State or by literary or charitable institutions ; 
 
 " 7. The personal estate of every incorporated company not made liable to 
 taxation on its capital in the fourth title of this chapter ; 
 
 "8. The personal property of every minister of the gospel, or priest of any 
 denomination ; and the real estate of such minister, or priest, when occupied 
 by him, provided such real and personal estate do not exceed in value one 
 thousand five hundred dollars ; and 
 
 " 9. All property exempted by law from execution. 
 
 " g 5. If the real and personal estate, or either of them, of any minister or 
 priest exceed the value of one thousand five hundred dollars, that sum shall 
 be deducted from the valuation of liis property, and the residue shall be liable 
 to taxation. 
 
 " ^ 6. Lands sold by the State, though not granted or conveyed, shall be 
 assessed in the same manner as if actually conveyed. 
 
 " % 7. Tlie owner or holder of stock in any incorporated company liable to 
 taxation on its capital shall not be taxed as an individual for such stock." 
 
 Land set apart, and a portion of which has been actually used, for a family 
 or private burying ground, not exceeding one-quarter of an acre, and provided 
 a description of the same has been made and duly acknowledged and recorded 
 in the county clerk's office, is also exempt. {Laics of 1847, chapter 85, sectionii 
 1 and 2.) 
 
 The exemption from taxation of every building for public Avorship, and 
 every school-house and other seminary of learning, under the provisions of 
 subdivision 3 of section four, title 1, chapter 13 of part first of the Revised 
 Statutes, or amendments thereof, shall not apply to any building or premises 
 in the city of New York, unless the same shall be exclusively used for such 
 purposes, and exclusively the property of a religious society, or of the New 
 York Public School Society. {Laivs o/1852, chapter 282.)
 
 AsSESSaiEXT AND COLLECTIOX OF TaXES. 1Y3 
 
 No tax or assessment shall at any time be imposed, assessed or collected 
 upon the mint or branch mint of the United States, wliich may be authorized 
 by act of Congress to be established in the city of New York ; neither upon 
 the land on which the buildings used or to be used therefor shall or may be 
 erected, nor upon the buildings used or to be used therefor, nor upon the 
 machinery used or to be used therein, nor upon bullion or metal deposited for 
 coinage, nor upon the coin stamped at said mint or branch mint, while in the 
 custody of the officers of said mint or branch mint of the United States in the 
 city of New York. {Laws o/1852, chapter 4G.) 
 
 No assessment or tax of any description, general or local, shall be imposed, 
 assessed or collected upon the assay office of the United States, which, by act of 
 Congress of March, 1853, it is provided shall be established in the city of New 
 York ; neither upon the land owned by the United States on which the build- 
 ing used or to be used therefor shall be erected ; nor upon the buildings used 
 or to be used therefor ; nor upon the machinery used or to be used therein ; nor 
 upon the metal, bullion or coin deposited for melting, remelting or assaying ; 
 nor upon the bars or ingots, after melting, remelting or assaying, while the 
 same is in the custody, possession or under the control of the officers of the 
 assay office of the United States in the city of New York. {Laws of 1853, chap- 
 ier 40G.) 
 
 All lands now held or which may hereafter be held by any agricultural 
 society in this State, and permanently used for show grounds by any such 
 society, shall be exempt from taxation during the time so used. {Lan's of 1856, 
 chapter 183.) 
 
 No tax shall hereafter be assessed or imposed on either of said reservations 
 (Allegany or Cattaraugus reservations), or on any part thereof, for any pur- 
 poses whatever, so long as said reservations remain the property of the Seneca 
 nation ; and all acts of the Legislature of this State confficting with the pro- 
 visions of this section are hereby repealed. {Laics of 1857, chapter 45, section 4.) 
 
 From and after the passage of this act, the lands of the corporation " The 
 Sackett's Harbor and Saratoga Railroad Company," by whatever name the 
 said corporation may hereafter be lawfully called, or which it shall hereafter 
 acquire on existing contracts or existing pre-emption rights, shall be free and 
 exempt from all taxation until the twelfth day of September, one thousand 
 eight hundred and seventy-nine ; but this section shall not apply to the road 
 bed or track, nor to the lands occupied or used for structures necessary to the 
 working of its road, nor to any lands after the same shall be sold by said cor- 
 poration. {Lavjs of 1857, chapter 98, section 1.) 
 
 It is also provided by section 5, chapter 546 of 1855, that " toll-houses and 
 other fixtures, and all property belonging to any plank or turnpike road com- 
 pany, shall be exempt from assessment and taxation for any purpose whatever, 
 until the surplus annual receipts of tolls on their respective roads, over neces- 
 sary repairs, and a suitable reserve fund for repairs and relaying of plank, shall 
 exceed seven per cent per annum on the first cost of such road. In case of any 
 disagreement between the assessors of any town, village or city and any such 
 company concerning such exemption claimed, said company may appeal to the
 
 174 Assessment axd Collectiox of Taxes. 
 
 county judofe of the county in v/liicli such assessment is proposed to hs made, 
 who shall, after due notice to the appealing jjarty of such appeal, examine the 
 books and vouchers of such company, and take such further proofs as he shall 
 deem proper, and shall decide whether such company is liable to taxation 
 under the section, and liis decision shall be final." {Session Laws of 1855, p- 
 1044.) 
 
 Section 140 of chapter 477, Laws of 18fi2 (the Military Code), as amended by 
 chai)ter 502, Laws of 1867 {vol. 2, p. 1295), exempts $500 of the property of 
 certain persons therein named, and $1,000 of others. 
 
 i; 14G. Every non-commissioned officer, musician or private of the national 
 guard of this State, shall be liolden to do duty tlierein for the term of seven years 
 from liis enlistment, unless disability after enlistment shall incapacitate him 
 to perform such duty, or he shall be regularly discharged by the commandant 
 of his regiment ; all general and staff officers, all field officers, all commissioned 
 and non-commissioned officers, musicians and privates of the organized national 
 guard of this State, shall be exempt from jury duty during the time they shall 
 perform military duty, and shall be entitled to a deduction in the assessment 
 of their real and personal property to the amount of five hundred dollars each, 
 except cavalrymen, artillerymen and mounted officers, who shall be entitled to 
 a deduction of one thousaind dollars on all classes of taxes. And every person 
 who shall have so served seven years, and shall have been honorably dis- 
 charged as required by this section, sliall forever after, as long as he remains a 
 citizen of this State, be exempt from jury duty. No non-commissioned officer, 
 musician or private in the national guard shall be discharged from service, 
 except for physical disability or expiration of term of service. Discharges for 
 physical disability shall be given only upon the certificate of the regimeiital 
 surgeon ; and no member of any company shall be discharged from ser\ace 
 except upon the certificate of the commanding officer of his company, that 
 such member has turned over or satisfactorily accounted for all property issued 
 to and charged to him. Commanding officers of regiments shall make returns 
 tlirough intermediate officers, to the Adjutant-General, on the first day of Jan- 
 uary and July in each year, of all discharges granted by them during the 
 previous six months, giving names and grades of the persons so discharged, 
 and the causes for which discharged. 
 
 Under the provision for taxing rents reserved, it has been decided (4 Barl.^ 
 12), that " The tax is to be assessed in the town where the lands lie. In this 
 respect it is like a tax on real estate, and not like that on personal estate, which 
 follows the residence of the person whose property is assessed." In that case 
 it was held that the valuation of the assessors might be corrected by the affida- 
 vit of the person assessed, and, as was also held in 7 Barh., 251, that all leases 
 are included within the act which originally had more than twenty-one years 
 to run, notwithstanding the term remaining unexpired at the time the assess- 
 ment is made may be less than twenty-one years ; in other words, the rents 
 reserved under such a lease continue to be taxable till the expiration of the term. 
 It was held, in 8 Barb., 23, that the tenant was not liable to pay to the landlord 
 taxes assessed upon such rents under a lease in perpetuity, though the lease 
 contained a covenant binding the tenant to pay any taxes assessed upon the 
 premises or upon the landlord, his heirs, etc., /or and in respect to the premises. 
 
 "§ 1. All debts, owing by inhabitants of this State to persons not residing 
 within the United States, for the purchase of any real estate, shall be deemed
 
 Assessment axd Collectiox of Taxes. 175 
 
 personal property, -within tlift town or county where the debtor resides, and as 
 such shall be lial)le to taxation in the same manner and to the same extent as 
 the personal estate of citizens of this State." {Laws of 1851, chap. 371, p. 721.) 
 
 The debt taxable under this section must be for the purchase of real estate, 
 and is to be taxed in the district where the debtor resides, irrespective of the 
 fact that the real estate may lie elsewhere. 
 
 In regard to real estate, they are taxable inhabitants who, lining in the dis- 
 trict, own or possess any land therein ; that is to say, all persons who have the 
 general property in the soil, and all persons who occupy it as tenants ha\'ing 
 a temporary right to its possession under a landlord. The latter, although 
 only tenants at will, may be assessed for the land in their occupation, as 
 appears from section 70, of this title. The distinction is between a tenant, for 
 however brief a period, who occupies the land for his own profit and is entitled 
 to a notice to quit before he can be divested, and a mere agent or servant, 
 managing the land or employed upon it for the profit of another, under wages 
 and without any title to the possession of the land or to its products. In 
 respect to land within the district occupied by such agents, the employer, 
 whether holding the fee or a leasehold estate, and though residing outside of 
 the district, is declared by section 71, of this title, to be a taxable inhabitant in 
 respect to the liability of such property to taxation, in the same manner as if 
 he actually resided witliin its bounds. 
 
 After completing the enumeration of taxable inhabitants as defined by the 
 various pro\isions above cited, and which may include simdry persons not resid- 
 ing in the district, the trustees are to inquire whether there are any lands 
 lying within the boundaries of such district which are liable to taxation for 
 town or county .purposes, the owners of which are non-residents, and which 
 lands are not occupied by a tenant (who would himself be taxable) or improved 
 by an agent or servant, whose occupation would render the owner not a non- 
 resident, in the sense of the law for the purpose of taxation, although in fact 
 residing in some other district. The following directions to the assessors in 
 reference to the mode of designating the lands of non-residents, in title 2, chapter 
 13, first part of the Revised Statutes (and which are of course to be followed by 
 trustees when they find it necessary to make an original assessment) show that 
 it is only unoccupied land which is to be so regarded : 
 
 " ^ 11. The lands of non-residents shall be designated in the same assessment 
 roll, but in a part thereof separate from the other assessments, and in the man- 
 ner prescribed in the two following sections : 
 
 " ^ 12. If the land to be assessed be a tract which is so 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 tirst column, all the unoccupied lots in 
 their town or ward, owned by non-residents, by their numbers alone and 
 without the name of their owners, beginning at the lowest number and Dro- 
 ceeding in numerical order to the highest ;
 
 J 76 Assessment axd Collection op Taxes. 
 
 "3. In the second column, and opposite to tlie niimber of eacli lot, they shall 
 set down the quantity of land therein liable to taxation ; 
 
 " 4. In a third column, and opposite to the quantity, they shall set down the 
 valuation of such quantity ; 
 
 " 5. If such quantity b(.' a full lot, it shall be desi<Tnated by the nvimber alone ; 
 if it be a part of a lot, the part must be designated by boundaries, or in some 
 other way Ijy wliich it may be known. 
 
 " ^ VS. If the land so to be assessed be a tract which is not subdivided, or if 
 its subdivisions cannot be ascertained by the assessors, they shall proceed as 
 follows : 
 
 "1. They shall enter in their roll the name or boundaries thereof, as above 
 directed, and certify in the roll that such tract is not subdivided, or that they 
 cannot obtain correct information of the subdi\isions, as the case may be ; 
 
 " 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 description by 
 its name or boundaries will be sufficient ; but if a part only is liable to taxa- 
 tion, that part, or the part not liable, must be particularly described ; 
 
 " 4. If any part of such tract be settled and occupied by a resident of the 
 town or ward, the assessors shall except such part from their assessment of 
 the whole tract, and shall assess it as other occupied lands are assessed." 
 
 The residue of the section relates to the making of a map, which is supposed 
 not to be applicable to trustees of sclxpol districts ; if a map is already on file, 
 the trustees may refer to it in aid of their descriptions. 
 
 "Without amending the sections above quoted, the Legislature, by section 1, 
 chapter 176 of 1851, declared that " Land occupied by a person other than 
 the owner may be assessed to the owner or occupant, or as non-resident land." 
 It is not easy to reconcile the apparent conflict ; and, as the statute last men- 
 tioned is merely permissive, it will be safest for trustees to treat as non-resident 
 lands only those which are imoccupied, or, at most, so occupied that there is no 
 prospect of collecting the tax otherwise than by the sale of the land. 
 
 It is the general rule that, if " assessors should assume to assess land lying in 
 another town or ward, their act would unquestionably be void for want of 
 jurisdiction." (7 Ba)i>., 129.) The same general rule applies to trustees in 
 making an original assessment, or in selecting from the town assessment roll 
 the lands to be included in a district tax list. To make an assessment legal they 
 must have jurisdiction of the particular case. If they transcend the limits of 
 their authority, and undertake to assess property exempt by statute, they cease 
 to be judges, and are responsible for all the consequences. A public officer is 
 not responsible, in a civil suit, for a judicial determination in a matter over 
 which he had jurisdiction, however erroneous it may be, but no officer can 
 acquire jurisdiction by deciding that he has it. (5 Barb., Gil ; and see 19 Barb., 
 22.) The statute gives them jurisdiction, as to the land lying outside of the 
 territorial limits of their district, only by directing them to apportion the tax 
 " according to the valuation of the taxable property which shall be owned or 
 possessed by them (taxable inhabitants) at the time of making out such list 
 witliin such a district, or partly within such district and partly within an adjoining 
 district." The statute evidently contemplates a single parcel of land, in the 
 possession of a single occupant, which is intersected by the boundary line of
 
 Assessment axd Collection of Taxes. 177 
 
 two districts. If the possession is severed, as if the land is owned by the same 
 person, but the part within the district is occupied by the owner and that 
 which lies outside the district by a tenant, or vice versa, or if the respective 
 parts are occupied by different tenants of the same owner, or if one of them 
 only is occupied by a tenant and the other is vacant and unimproved, then the 
 respective parcels are to be taxed, each in the district within whose boundaries 
 it is actually contained. So, if one of the parcels is occupied by a person 
 as owner, and the other is also occupied by him as tenant of a third person, the 
 parts must be taxed in the districts containing them respectively, for 
 the trustees of the district containing the portion under lease have the right to 
 assess it to the owner, disregarding the occupant. The statute, moreover, 
 requires something more than the imaginary contact of the two parcels 
 in a mathematical point, as where they have only an angle in common. They 
 should be so connected as to have at least a line of contact, and not a mere 
 point. Where, however, two parcels in the possession of the same owner are 
 separated only by a public highway, the fee of which he owns, subject to 
 the right of passage in the public, this is not to be regarded as preventing 
 their contact. 
 
 There are serious difficulties growing out of the fact that the statute, under 
 the most restricted interpretation that can be put upon it, sometimes permits the 
 resources of a district to be weakened by the purchase of a part of its territory 
 by the inhabitants of an adjoining district. Thou£-li the district boundaries 
 are not thereby altered, yet, for the eminently practical object of taxation, the 
 result is the same as if they were. 
 
 In respect to property exempt from taxation, it has been decided that a 
 minister of the gospel, or priest, to bring himself within the exemption, must 
 show that the value of both liis real and personal property did not exceed $1,500, 
 and it sceins that only that sum is to be deducted from the valuation of both, and 
 not $1,500 from the valuation of each, if each exceeded that amount. (5 Barb., 
 609.) The latter point, however, was not necessarily involved in the deci- 
 sion. 
 
 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 extent, only ivhen occupied by such 
 ministe-r. If, however, the occupant is the agent merely of the minister, so as to 
 render it necessary 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, may be assessed to the 
 owner, but not to the minister. The exemption is personal to the minister, and 
 does not avail the owner. 
 
 The court of appeals held (3 Kernan, 220) that the school-houses referred to 
 in the statute exempting property from taxation are those used for the public 
 common schools, and that buildings erected and used for jjrivate unincorporated 
 seminaries of learning, or for boarding schools, are not exempt — overruling a 
 dictum in 1 Seld., 37G. 
 
 Wherever reference is made in the Revised Statutes, and in former Session 
 Laws, and in tliis volume, to the taxation of banking companies and tho 
 23
 
 lis ASSESSMEXT AND COLLECTION OF TaXES. 
 
 owners and holders of stock therein, the reference must be held subject to 
 chapter 701, J^aws of 1866, which provides for the assessment and taxation of 
 the shares of all banks, to the owners thereof, in the place, town or ward, whero 
 the bank, or banking association, is situated. That portion of section 66 relating 
 to banks and banking associations is a transfer to the school law of the first sec 
 tion of said chapter 761, modified so as to make it applicable to school districts 
 
 Chapter 761, of 1866, was passed in conformity with the decision of the 
 supreme court of the United States (3 Wallace's JR., 573) that " the act of 
 June 3, 1864, "to provide a national currency," etc., rightly construed, subjects 
 the shares of the banking associations authorized by it, and in the hands of 
 shareholders, to taxation by the States, under certain limitations (set forth in 
 its forty-first section) without regard to the fact that a part or the whole of the 
 capital of such association is invested in national secvirities, declared, by the 
 statutes authorizing them, to be " exempt from taxation by or under State 
 authority." 
 
 The town assessment rolls will contain an assessment of all taxable shares 
 of banks, banking associations, and individual bankers, and for such shares the 
 trustees will copy the town roll in the Same manner and to the same extent as 
 for all other taxable property. 
 
 § 67. The valuations of taxable property shall be ascertained, so 
 fur as possible, from the last assessment roll of the town, after 
 revision by the assessors ; and no person shall be entitled to any 
 reduction in the valuation of such property, as so ascertained, 
 unless he shall give notice of his claim to such reduction to the 
 trustees of the district before the tax list shall be made out.* 
 
 ♦The trustees have heretofore had to assess the property of railroads within the limits of 
 their districts according to their own judgment as to its valuation. The frequent disputes 
 between trufstecs and railroad companies, about the relative proportion of valuation to bo 
 assigned to each district, have led to the passage of the following law. It will be necessary 
 for trustees, before including a railroad in their tax lists, to ascertain from town assessors 
 if they have made the apportionment required by this law. If they have not, then the trus- 
 tees may call upon the supervisor to do it, by virtue of section three. 
 
 " Chapter 694. An act in relation to the valuation of the property of railroad companies 
 in school districts, for the purpo-ic of taxation ; (lassed April 2'.), ISfiT. tlircc-firtlis being pre- 
 Fent. Sec. 1. It shall be the duty of the town assessors, within fifteen days after the 
 completion of their annual assessment list, to apportion the valuation of the property 
 of each and every railroad company as appears on such assestsmont list among the 
 several school districts in their town, in which any portion of said property is situated, 
 (,'iving to e;ich of said districts their proper portion, according to the proportion that the 
 value of said property in each of such districts bears to the value of the whole thereof in 
 said town. § 2. Such apportionment shall be in writing, and shall be signed by said asses- 
 sors, or a majority of them, and shall set forth the nunil)er of each district and the amount 
 of the valuation of the property of each railroad company, apportioned to each of said dis- 
 tricts: and such apportionnuMit shall be filed with the town clerk, by said assessors or one 
 oflhem. within fivi' days after being made: and the amount so apportioned to eacli district 
 yhall be tli(! valuatit)n (if the property of each of said companies, on which all taxes against 
 said companies ii; and for said districts shall be levied and assessed, until the next annual 
 ft-<r;'->inent and apportionment. § ;!. In case the assessors shall neglect to make such 
 niiporlionmi'ur. it shall be the duty of the supervisor of the town, on the application of the 
 truvici's or board ol' education of any district, or of any railroad company, to make such 
 ftjjportionment, in the same manner and with the like effect as if made by said assessors.
 
 Assessment and Cot.lectiox of Taxes. 1V9 
 
 The first duty of trustees is to determine who are tlic taxable inhabitants of 
 the district. In doin<T this they may find some persons not named in the town 
 assessment roll. Some of them may be taxable, as the possessors of property 
 which has been valued in that roll, and which belonged to other persons at the 
 time it was made out. In the valuation of mcli property, the trustees are to bo 
 governed by the assessment roll. They are not to reduce it, unless the new 
 owner shall give notice of his claim to such reduction hffore the tax list shall 
 be made out, and they are not to reduce it without gi'ving the notice provided 
 by the next section. To reduce the valuation of one is precisely equivalent to 
 raising that of every other taxable inhabitant, for it increases his quota of the 
 tax. He cannot be subjected to such increa3e of taxation, beyond what hia 
 share would be according to the last town assessment roll, without being put 
 upon liis guard by the posting of a notice. (1 Denio, 314.) 
 
 Other persons may be found to be taxable on account of their posses- 
 sion of property, real or personal, for which no person was assessed on 
 the town assessment roll. Such property may be real estate casually over 
 looked by the assessors, or purposely omitted becaiise it was then exempt by 
 being occupied by a minister of the gospel, or for any other reason ; or it may 
 consist in accessions to real estate, to put an uncommon case : land formed by 
 the gradual washing up of sand on the shore of the sea or of our great lakes, 
 which belongs to the owner of the adjacent bank, or an island formed in the 
 bed of a river not navigable, which is to be di\-ided according to the original 
 thread of the river between the proprietors on the opposite banks, or to him on 
 whose side of the original thread it lies (17 Pick , 41), or in improvements, such 
 as the building of a house or barn, not completed when the town assessment 
 was made. Or the property may be personal, arising from the sale of real estate 
 within the district, or the acquisition of personal estate by de\nse or otherwise 
 to an inhabitant of the district, such property not being in the district, but fol- 
 lowing the person of its owner for the purpose of taxation. In all these casea 
 an original valuation by the trustees is to be made, and a notice is necessary- 
 Additions to the last assessment roll, in consequence of buildings subsequently 
 erected, should not be made by the trustees vintil they are so far completed 
 that their value is not contingent and uncertain. {Com. School Dec, 194) 
 
 Trastcas eanuot assess au mdividnal for personal property, if he has been 
 taxed for none on the last assessment roll of the town, on the mere supposili4i*. 
 that he may have more than his debts amount to. The assessment roll of the 
 town settles the matter, and the trustees cannot vary tlie amount but from 
 some knoviledije of an alteration after that roll was made out, or to correct somo 
 known and acknowledged error. 
 
 But if the trustees have actual knowledge that any person residing in the 
 district has personal property liable to taxation, not assessed upon the town 
 
 § 4. The town clerk shall, whenever requested, furnish to the tmstces or board of education 
 of enih district, a certilied statement of the amounts apportioned to such district, and the 
 name of the company to which the same relates. $ r>. In case any alteration shall be made 
 in any school district, affecting: the property of any railroad company, the ollker mnkiii" 
 ?uch alteration shall, at the same time, determine what chaupo in the valuation of the said 
 property in such district would be just, on account of the alteration of district, uud tho 
 vaiuation shall bo accordingly changed."
 
 180 Assessment and Collection of Taxes. 
 
 roll, tlieir duty is to include it in the tax list, giving notice to the person 
 BO assessed, so that he may obtain a reduction if the assessment be too 
 ftiuch. 
 
 The principle on which our laws rest in the taxation of personal property is 
 that a man must be taxed only for what he is actually .worth. Hence, he 
 is permitted lie set off his debts against his personal property in possession, 
 and is taxable for the excess. 
 
 If a man be the owner of $15,000 in bonds and mortgages, and $15,000 in 
 United States bonds, and at the same time is indebted in the sum of $15,000, he 
 cannot be alloweckto set off his indebtedness against his bonds and mortgages, 
 and so claim that he has no taxable personal property. The only legal mode 
 of ascertaining his liability is to deduct his whole indebtedness from the total 
 of his personal propei-ty — his $15,000 from $30,000 — lea^•ing him liable to 
 assessment for $15,000. 
 
 The vendor of a farm remaining in possession is liable for taxes assessed on it. 
 . If a taxable inhabitant sells his farm and remains in the district, he is liable 
 to be taxed on the amount of the purchase-money paid, or secured to be paid, 
 as personal property (unless lie shows 4hat, notwithstanding the increase of his 
 personal property, its value is still exceeded by his delits), and the purchaser is 
 taxable for the farm according to its assessed value on the last assessment roll 
 of the town. 
 
 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 appears on the roll at what rates the separate x'arts were valued, then the 
 valuation of the portion situate 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 dis- 
 trict and none in another, a new and original assessment must in such case be 
 made, by the trustees giving the notices, etc., and proceeding in the mode 
 required by law. 
 
 Where a person, assessed for a greater number of acres than his farm con- 
 tains, omits to claim a reduction when the tax is assessed by the trustees, he 
 will not be relieved subsequently on appeal. {Com. School Dec, 341.) 
 
 § 68. Wliero such reduction shall Le duly claimed, and Avlicrc 
 tlic yaluation of taxable property cannot be ascertained iVoni the 
 last assessment roll of the town, the trustees shall ascertain the true 
 value of the property to be taxed front the best evidence in their 
 power, 1,'iving notice to the persons interested, and proceedincc in 
 the same manner as the town Assessors are required by law to pro- 
 ceed in the valuation of taxable property.
 
 Assessment axd Collection op Taxes. 181 
 
 The trustees, proceeding in the same manner as town assessors, should first 
 ascertain the true value of the property to be taxed, accordinof to their judg- 
 ment. The rule prescribed by the Revised Statutes, as amended by section 3, 
 chapter 176 of 1851, is : 
 
 " 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 pajnnent of a just debt due from a solvent debtor." {Session Laws of 1851, 
 p. 333.) • 
 
 After ha%-ing completed a tax list, by taking the valuations from the town 
 assessment roll, where it furnishes them, and having added thereto such 
 original assessments as in their judgment are required, the statute directs that 
 the asse.ssors (and consequently, by the above sections, the trustees) "shall 
 make out one fair copy thereof, to be left vrith. one of their number. They 
 shall also forthwith cause notices thereof to be put up at three or more public 
 places in the district." "When the trustees copy the town assessment roll, and 
 make no alteration in it, the public notice required of town assessors need not 
 be given by them. 
 
 " Such notices shall set forth that the assessors have completed their assess- 
 ment roll, and that a copy thereof is left \\ith one of their number, at a place 
 to be specified therein, where the same maj' be seen and examined by any per- 
 son 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 ])erson 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 and it shall be their duty to adjourn from time to time, as may be 
 necessary, to hear and detennine such complaints." {Session Laws of 1851, p. 
 333.) 
 
 The notice to be given by trustees necessarily varies somewhat from that of 
 assessors, and may be in the following form : 
 
 Notice is hereby given, that the trustees of school district No. , in the 
 
 to-\vn of , have completed their tax list to raise the sum of §10 for repairs 
 
 of school-house, $8 to furnish the same with the necessary fuel (enumerating 
 the several taxes included in the list), and that a copy thereof is left with tlift 
 undersigned, A. B., at his office (mill, dwelling-house, or as the cafee may be), 
 where the same may be seen and examined by any person interested, during 
 twenty days from the date of this notice ; and that said trustees will meet at 
 the house of , in said district, on the day of next, 
 
 (specifying a day subsequent at least twenty-one days tb the posting) at 
 o'clock, in the noon, to review the said tax list, on the application of 
 
 any person conceiving himself aggrieved. 
 Dated this day of , 18 . 
 
 — •■ A. B.,j 
 
 C. D., - T)-usiees of District Xo. 
 
 E. F.,)
 
 182 Assessment and Collection of Taxes. 
 
 1> 
 " § 5. Iftlie assessors shall willfully neglect to hold the meeting specified in 
 tlie last preceding section, each assessor so neglecting shall be liable to a pen- 
 alty of twenty dollars, to be sued for and recovered before any court having 
 jurisdiction thereof by the supervisor of the town, for the use of the poor of the 
 Banie town ; and in case of such neglect to meet for review, any person 
 aggrieved by the assessment of the assessors may appeal to the board of super- 
 visors at their next annual meeting, who shall have power to review and correct 
 such assessment." (Setmion Laws of 1851, p. ooo.) 
 
 Query, whether the provision for an appeal to the board of supervisors is 
 applicable to a school district tax. Even if it is there is no provision for sus- 
 pending the proceeding, for collection upon such an appeal. 
 
 The trustee with whom the tax list is left is required by law to " submit the 
 Bame, during the twenty days specified in such notice, to the inspection of all 
 persons who shall apply for that purpose." 
 
 The provisions of the Kevised Statutes, in regard to the proceedings to be 
 had where application is made for a reduction of the valuation, have been 
 materially varied by the following sections of chapter 176 of 1851 : 
 
 " § 6. Wlienever any person, on his own behalf or on behalf of those whom 
 lie may represent, shall apply to the assessors of any town or ward to reduce 
 the value of his real and personal estate, as set down in their assessment roll, 
 it shall be the duty of such assessors to examine such person under oath touch- 
 ing the value of his or their said real or personal estate, and after such exami- 
 nation 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, tlie said assessors shall not reduce 
 the value of such real or personal estate. The examination so taken shall bo 
 "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 assessment shall 
 be made ; and any person who shall willfully swear falsely, on such examination 
 before the assessors, shall be deemed guilty of willful 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 pro- 
 visions of the sixth section of this act." 
 
 Formerly, upon the making of an affidavit, by a person asking a reduction, 
 that the value of his personal estate did not exceed a given sum, the assessors 
 and trustees were bound to reduce his assessment to the amount fixed by him. 
 Under the preceding sections they are required, instead of taking a mere affi- 
 davit, to examine him orally, imder oath to make true answers to such ques- 
 tions as shall be put to him touching the value of his real or personal estate. 
 They arc at liberty to put any question, the answer to which may assist tliem 
 in arriving at a correct conclusion on the subject, and are not at liberty to 
 reduce his valuation, if he refuses to answer. An afiidavit without the exami- 
 nation, or without the examination being reduced to writing, is of no avail as 
 evidence to reduce the valuation. (12 lloiv. Prac. R., 237.) After the examina- 
 tion, the asaes^iors are to fix the valuation, and are not limited to that fixed by 
 the person examined. 
 
 The provision of section 6, chapter 176 of 1851, above cited, relates as well 
 to those persons who apply for a reduction of assessments against them in a
 
 ASSESSMEXT AND COLLECTION OF TaXES. 183 
 
 representative character, as executors, etc., as to those who ask it in their o^jm 
 behalf. They are entitled to a deduction for debts due from t'hem in their repro- 
 Bentative character, and are to be examined as to the valuation of the property 
 under their control, as such representatives, in the same manner as if it 
 belonged to them in their private cajiacity. 
 
 § 69. Where a district embraces parts of more than one town, 
 the supervisors of the towns so in part embraced, upon application 
 of the trustees of such district, or of those persons liable to pay 
 taxes upon real property therein, shall proceed to inquire and 
 determine whether the valuation of real property upon the several 
 assessment rolls of said towns are substantially just, as compared 
 ■with ench other, so far as said district is concerned, and, if deter- 
 mined n6t to be so, they shall determine the relative proportion of 
 taxes that ought to be assessed upon the real property of the parts 
 of such district lying in different towns, and the trustees of such 
 district shall thereupon assess the proportions of any tax there- 
 after to be raised, according to the determination of said super- 
 visors, until new assessment rolls of the town shall be perfected 
 and tiled, 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 supervisors 
 shall be unable to agree, they shall summon a supervisor from 
 some adjoining town, who shall unite in such inquiry and 
 determination. 
 
 The supervisors of the towns, parts of which are included in any district 
 composed of parts of two or more towns, may act under this section, upon the 
 written application of its trustees or taxable inhabitants. The power would 
 be practically nugatory, if its exercise depended upon the application of a 
 majority of the inhabitants. In determining the proportion of taxes to be levied 
 upon the respective parts of such district, the simplest form will be to state 
 how many cents in the dollar, of each tax, sliall be levied upon the real pro]j- 
 crty of one part, and how many upon the other. A record of this determination 
 should be made in duplicate or triplicate, according to the number of towns ; 
 each should be signed by the supervisors, and one copy filed in the clerk's office 
 of each town. It may be in the followng form, and should have annexed to it 
 the original application upon which it was made, evidence of which is necessary 
 to uphold the order. (21 Barb., 210.)
 
 184 AssESs:xiEXT and Collection of Taxes. 
 
 In the matter of the equalization of assessiaeuts for school purposes, in 
 District Xo. , of the towns of , in county, and 
 
 in county. 
 
 Application haWng been made to the supervisors of the towns of 
 and , by persons liable to pay taxes in school district Xo. of said 
 
 towns (or by the trustees), to incpiire wliether the valuations of real property 
 upon the several assessment rolls of said towns are substantially just, as com- 
 1 ared with each other, so far as such district is concerned, and the said 
 supervisors being unable to agree, having summoned J. D., Esq., supervisor of 
 the adjoining town of , to unite in such inquiry, and a meeting of said 
 
 supervisors having been held for that purj)ose, at which were present A. B. and 
 C. D. (and E. F., having been duly notified, failed to attend), and it having been 
 determined that such valuations are not substantially just, as compared vnth. 
 caclx other, it was then and is hereby determined that the relative proportion 
 of taxes that ought to be assessed upon the real property of parts of such 
 c'istricts lying in different towns is as follows, viz. : Thirty-one cents in each 
 dollar to be assessed upon the real property of said district should be assessed 
 upon the part lying in the town of , and sixty-nine cents in the 
 
 dollar upon the part lying in the town of 
 Dated this day of , 18 . 
 
 A. B., Supervisor of 
 C. D., Supervisor of 
 
 This determination does not aifect the assessment of personal property. The 
 trustees must, therefore, proceed as follows : Taking the aggregate of the 
 valuations of real and personal estate in the district, as ascertained from 
 the to%vn assessment rolls (after making any additions of personal property 
 found proper by the trustees), they are to detennine how much of the tax is to 
 lie assessed upon the personal and how much ujion the real estate. It may 
 thus, for example, be found that of a tax of $400, !$73 will be chargeable on 
 the personal estate. The residue, $327, is then to be assessed, thirty-one per 
 ci'Tit of it, or $101.37, on tlie real property in one town, and sixty-nine per cent, 
 or $02."). (33, on that in the other, using the assessment roll of each town to 
 determine the proportion which each jierson resident therein is to be assessed 
 for ri-al or personal property. 
 
 § 70. Any pcr.'^on workini;- laml iimler a contract for a sliare of 
 tlic ])ro(liice of such land, sliall l>c dccnicd tlie possessor, so far as 
 to render h'un liable to taxation therefor in the district where snch 
 land is situate. 
 
 The moaning of this section is believed to bo, that a tenant, working land and 
 liaving a sliare of tlie ])roduce as rent, is taxable, and not that a servant or 
 agent is taxable who agrees to take a share of the produce as liis waija for
 
 Assessment and Collection of Taxes. 185 
 
 worliing the land. It may sometimes be a little difficult to ascertain whether 
 the relation is that of landlord and tenant, or that of master and servant. (15 
 Barb., 597.) It being the policy of the law (as will be apparent from section 
 72 of this title) that a landlord leasing for a short term should pay the school 
 taxes for permanent objects, unless there is an express agreement to the con- 
 trary, it will be safest in cases of doubt to avoid the question by assessing the 
 owner, 
 
 § 71. Every person owning or holding any real property Avithin 
 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. 
 
 It is not necessary that the agent or servant should reside on the land in 
 order to render the owner a taxable inhabitant. The section was intended to 
 prevent the necessity of resorting to a sale of the land, and to authorize the 
 collector to levy, under his warrant, upon the personal property of an owner of 
 land not residing in the district, but managing the laud himself, or by agents 
 or workmen, instead of renting it. If the land be occupied by tenants or sub- 
 tenants, they and not the non-resident owner are to be taxed for the parts occu- 
 pied by them respectively. They are for the time being o^vne^s (8 Wend., 518), 
 and, although they, too, should not reside on the land, are made taxable inhabit- 
 ants, if they improve it. It is very plain that where land which comes within 
 the description of the preceding section is situated partly in one district, and 
 partly in an adjoining one, the owner, although a resident of neither, is a tuxa- 
 hle inhahitant of loth, in respect to the liability of the several parcels to taxation 
 in the district in which each is actually contained. Each district must tax 
 such owner only for the part actually within its boundaries. It is difficult to 
 see wliy it should be otherwise, if he happens to be a resident of either dis- 
 trict, inasmuch as section 66 of this title makes his liability to taxation depend, 
 not upon residence, but upon his being a "taxable inhabitant " within the 
 definition of tho statute. 
 
 § 72. "Where any district tax, for the purpose of purchasing a 
 site for a scliool-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, oi 
 for three years, or for a less period of time, such tenant may 
 charirc the owner of such real estate with the amount of the tax 
 so paid by him, unless some agreement to the contrary shall lure 
 been made by such tenant.
 
 •186 AsSESSIIEIsT AND COLLECTIOX OF TaXES. 
 
 The tenant can charge his landlord only with such taxes as he may have 
 paid for the specific purposes mentioned. If taxed for teachers' wages, for the 
 hire of temporary school-house or rooms, for the purchase of maps, globes, 
 school apparatus, books for library, for district minutes, and for teacher's regis- 
 ter of attendance, or any other object than those enumerated in the preced- 
 iug section, he cannot set it off against his rent or make the landloi-d repay 
 him. 
 
 § V3, Every taxable inhabitant of a district who shall have 
 been, within four years, set off from any other district without his 
 coiiseiit, 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. 
 
 This exemption relates only to a tax for building a school-house, and does 
 not extend to one for repairs, fuel or any other current expense. A voluntary 
 coutribxition for building a house in another district is not groimd for an 
 exemption, nor is the fact that a person has been taxed, if he has not actually^ 
 paid the tax by the sale of his property or otherwise ; nor is he exempt if he 
 has been set off upon his own petition or consent. 
 
 § 74. When any real estate within a district, so liable to taxa- 
 tion, 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 such tax list 
 a statement and description of every such lot, jjiece or parcel of 
 land so owned by non-residents therein, in the same manner as 
 required by law from town assessors in making out the assessment 
 roll of their towns; and if any such lot is known to belong to an 
 incorporated company liable to ta.vation 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 afli.\ed to such lot or piece of 
 land in the last assessment roll of the town ; and if the same was 
 Bot separately valued in such roll, then it shall be valued in 
 propoi-tion to the valuation which was adixcd in the said assess- 
 ment roll to the whole tract of which such lot or piece shall be 
 part.
 
 Assessment and Collection op Taxes. 187 
 
 The directions of the statute for the description of non-resident lands have 
 been given at page 175. The preceding section retjuires, in addition, that the 
 name of each incorporated company known to be tlie owner of uncccupicd land 
 shall be specified. The non-resident lands are to be described in a part of the 
 tax list separate from the other assessments, and tlie greatest care is requisite to 
 secure a minute compliance with the demands of the law. The description 
 must be such that the State Comptroller can perceive that it will enable a pur- 
 chaser at the tax sale to locate the land with certainty, and also enable the 
 non-resident owner to know, from such description alone, tliat it is Ins land 
 which has been sold, so that he may redeem it. 
 
 It is only real estate luilhin the district that is to be described as non-resident 
 property ; and if it be part of a tract extending into other districts, the descrip- 
 tion in the town assessment roll may not show how much is in one district and 
 how much in another. The trustees must supply this defect, in making out 
 their tax list, by giving an accurate description of the boundary line of their 
 district which intersects any unoccupied lot or subdivision of a tract. The 
 description of each parcel separately taxed must be such that if that descrip- 
 tion, copied literally from the tax list, were inserted in a deed by the Comptrol- 
 ler, without adding any other words, it would sutiice to identify the lot and 
 determine its boundaries. 
 
 § 75. If any tax on tlie real estate of a non-resident, mentioned 
 in the tax list delivered to the collector, or the taxes upon rents 
 reserved in any leases in fee, or for one or more lives, or for a 
 term of years exceeding twenty-one years, or the taxes ui)on non- 
 resident stockholders in banking associations organized under the 
 laws of Congress, shall be unpaid at the time he is required by law 
 to return his Avari'ant, he shall deliver to the trustees of such dis- 
 trict an account of the taxes so remaining due, containing a descrip- 
 tion of the lots and jjieces of land upon which such 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 any such account remain unj)aid, and that after 
 diligent efforts he has been unable to collect the same, he shall be' 
 credited by said trustees with the amount thereof 
 
 The description in the collector's return must be the same as that in the tax 
 list. The account should be in substantially the following form :
 
 188 
 
 Assessment and Collection of Taxes. 
 
 Account of unpaid taxes assessed upon tlie lands of non-residents in School 
 District No. , in the town of , county of , in a 
 
 tax list made out by the trustees of said district, for and delivered 
 
 to the collector on the day of , 18 . 
 
 NAJIES OP TAXABLE INHABITANTS AND COEPOKA- 
 TIONS. 
 
 James Thomas, • 
 
 James Thomas, executor of estate of John Thomas 
 
 deceased, 
 
 Clark Cotton Manufacturing Company, 
 
 John Davison, 
 
 80 acres. 
 
 5 acres 
 }i acres 
 
 
 $400 
 
 1,250 
 0-^5 
 
 $1,02.5 
 25,000 
 
 $6 81 
 
 17 45 
 
 4411 i)l 
 10 04
 
 Assessment and Collection of Taxes. 189 
 
 County, ) 
 Town of ,) 
 
 John Doe, being duly sworn, deposes and says, that lie is collector of taxes 
 in and for school district No. , of the ton-n of , aforesaid ; that 
 
 the forejToing is a true account of the taxes remaining due upon the real estate 
 of non-residents in said district ; that the taxes mentioned in such account 
 remain unpaid, and that after diligent eflforts he has been unable to collect the 
 Bame. 
 
 JOHN DOE. 
 Sworn and subscribed before me, ) 
 this day of , 18 . f 
 
 E. F., Justice of the Peace, 
 
 § 76. Upon receiving any such account from the collector, the 
 trustees shall compare it with the original tax list, and, if they find 
 it to he a true transcript, they shall and to such account their cer- 
 tificate, to the etlect that they have compared it Avith the original 
 tax list and found it to be correct, and shall immediately transmit 
 the account, affidavit, and certificate, to the treasurer of the county. 
 
 The certificate of the trustees should be attached to the affidavit of the col 
 lector, upon the original account. It may be as follows : 
 
 " The undersigned, trustees of school district No. . , in the town of , 
 
 county of , hereby certify that the preceding is an account of unpaid taxes 
 
 assessed on the real estate of non-residents in said district, delivered to the 
 trustees thereof by John Doe, collector of taxes therein,- and that we have 
 examined and compared the same with the original tax list for 
 
 and found it to be correct. Dated this day of , 18 ." 
 
 This should be signed by a majority, at least, of the trustees. The purpose 
 for which the tax list was made out ought to be stated, so that it may appear 
 to have been for objects for which taxes may be legally imposed by a district 
 meeting or by the trustees. 
 
 § 77. Out of an}' moneys in the county treasury, raised for con- 
 tingent expenses, the treasurer shall pay to the trustees the 
 amount of the taxes so returned as unpaid. 
 
 It is imperative upon the county treasurer to pay at once the amount of taxes 
 of non-residents returned xrnpaid, if there be any money raised for contingent 
 expenses in the treasury and the certificate of the trustees is regular upon its 
 face. It there be no such money in the county treasury, it is still his duty to 
 lay the account before tlie board of supervisors, as prescribed in the next sec- 
 tion, that they may raise it. The remedy of the trustees, in case of a refusal 
 of the county treasurer to pay, is by application to the supreme court for a writ 
 of mandamus.
 
 190 Assessment and Collection of Taxes. 
 
 § 78. Such account, affidavit and certificate sliall 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 Avere imposed ; and if imposed 
 upon the lands of any incorporated company, then upon such com- 
 pany ; and if imposed upon rents reserved, in any leases in fee, or 
 for one or more lives, or for a terra of years exceeding twenty-one 
 years, then upon such reserved rents, in the same manner that the 
 contingent charges of the county are directed to be levied and 
 collected ; and when collected the same shall be returned to the 
 county treasurer .to reimburse the amount so advanced, with 
 the expense of collection ; and if imposed upon the stock of a non- 
 resident stockholder in a banking association organized under the 
 laws of Congress, then the same, with seven per cent of the amount 
 in addition thereto, shall be a lieu upon any dividends thereafter 
 declared upon such stock, and upon notice by the board of super- 
 visors to the president and directors of such bank of such charge 
 upon such stock, the president and directors shall thereafter with- 
 hold the amount so stated from any future dividends upon such 
 stock, and shall pay the same to the collector of the town duly 
 authorized to receive the same. 
 
 Tliis section seems to contemplate that the supervisors shall impose any tax 
 returned, with the addition of seven per cent, upon the very same lauds, rents 
 reserved, and leases on which they were charged by the trustees, and therefore 
 not to contemplate any correction of the description by them. This is a reason 
 for great care on the part of the trustees in preparing the original description 
 in the tax list. 
 
 § VO. Any person whose lands are included in any such account 
 may pay the tax assessed thereon to the county treasurer, at any 
 time before the board of supervisors shall have directed the same 
 to be levied. 
 
 § 80. The same proceedings in all respects shall be had for the 
 collection of the amount so directed to be raised by the board of 
 supervisors as are provided by law in relation to county taxes; 
 and, upon a similar account, as in the case of county taxes of the 
 arrears thereof uncollected, being transmitted by the county 
 treasurer to the Comptroller, the same shall be paid on his war- 
 rant to the treasurer of the county advancing the same ; and the
 
 Assessment and Collection of Taxes. 191 
 
 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. 
 
 § 81. The warrant for the collection of a district tax shall be 
 under the hands of the trustees, or a majority of them, with or 
 without their seals; and it shall have the like force and effect as a 
 warrant issued by a board of supervisors to a collector of taxes in 
 the town ; and the collector to whom it may be delivered for col- 
 lection shall be thereby authorized and. required to collect, from 
 every person in such tax list named, the sum set opposite to his 
 name, or the amount due from any person or persons specified 
 therein, in the same manner that collectors are authorized to col- 
 lect town and county charges. 
 
 The trustees ought to take a written raceipt from the collector for the tax 
 list and warrants, specifying the return day and the amount to be collected, 
 that they may be prepared with the proper evidence, in case it should be neces- 
 sary to bring an action against him. 
 
 'I ho representatives of a deceased person are not entitled to any delay in the 
 payment of a tax, but are bound to pay on demand ; and on refusal or neglect, 
 the collector m!iy proceed to sell any property found on the premises. By sec- 
 tion 27, subdivision 2, 2 Re^^sed Statutes, 28, taxes of all kinds have preference 
 to any other demand. 
 
 No property is exempt from levy and sale under a tax list and warrant, 
 except the military equipments specified on page 102. 
 
 The collector may levy upon any goods and chattels lawfully in the possession 
 of the person liable to pay the tax, that is to say, the person named in the tax 
 list, although such person be not the owner of such goods and chattels. (13 Wend., 
 629.) The individual property of an executor, administrator or trustee may be 
 taken for a tax imposed on him in his representative character, when no prop- 
 erty of the testator, intestate or cestui que trust can be found. (4 Wend., 223.) 
 But the warrant does not protect the collector, if he levies upon property in 
 the possession of persons not named in the roll, or whose names, it is apparent 
 from the roll itself, the assessors ought not to have set down ; for example, 
 persons whose lands are described in the part of the tax list containing the list 
 of lands taxed as non-resident. (IG Barh., Gol.) 
 
 The manner in which town collectors are authorized to collect town and 
 county charges is pointed out by tlie following sections of title 3, chapter 13, 
 part 1st of the Revised Statutes :
 
 192 ASSESSMEI^T AND COLLECTIOX OF TaXES. 
 
 " § 1. Every collector, upon receiving the tax list and warrant, shall proceed 
 to collect the taxes therein mentioned, and for that piu'pose 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 said 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 availal^le to prevent a sale. 
 
 " § 3. The collector shall give public notice of the time and place of sale, and of 
 the 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. 
 
 " 4. If the property distrained shall be sold for more than the amount of the 
 tax, the surplus shall be returned to the person in whose possession such prop- 
 erty was when the distress was made, if no claim be made to such surjilus by 
 any other person. If any other person shall claim such surplus, on the ground 
 that the property sold belonged to liim, and such claim be admitted by the 
 person for whose tax the same was distrained, the surplus shall be paid to such 
 owner ; but if such claim be contested by the person for whose tax the prop- 
 erty was distrained, the surplus money 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 determined by due course of law." 
 
 It is provided by the Revised Statutes (volume 2, 1st ediiion, page 522) that 
 " no replevin shall lie for any property, taken by virtue of any warrant for 
 the collection of any tax, assessment or fine, in pursuance of any statute of this 
 State." 
 
 A collector, like other ministerial officers bound to execute process, is pro- 
 tected, if the process is regular on its face, and comes from a coui-t or body 
 having jurisdiction of the subject-matter, if nothing appears in such process to 
 apprise him that there was a defect of jurisdiction as to the particular person 
 or property to be affected by such process. That warrant and tax list consti- 
 tute a process in the nature of an execution, and must be construed together 
 (3 Seld., 517), so that if a defect of jurisdiction appear on either, the collector 
 is not protected. But he is not bound to inquire whether the trustees have not 
 erred in the exercise of their jurisdiction. Thus he was held to be protected, 
 in 7 Wend., 91, where the trustees had taken the valuations from the assess- 
 ment roll, which was incomplete and subsequently varied, though the trustees 
 were held liable as trespassere. But tlie collector was held liable, in 16 Wend, 
 C07, where the warrant was irregular on its face, in commanding him to pro 
 ceed, " as on execution issued by justices of the peace," and in 18 Barb., 327, 
 where it commanded him to collect five jicr cent on all sums mentioned iu thcj 
 tax list, without excepting those which should be voluntarily paid him in two 
 weeks. 
 
 The rule for the protection of ministerial officers acting under process, 
 regular and legal on its face, is held to prevail, even though he has knowkdye 
 of facts rendering it void for want of jurisdiction. (5 Uill, 440.) " He mu.stbo 
 governed and is protected," say the court, " by the process, and cannot be 
 aiFuctcd by any thing which he has heard or learned out of it."
 
 AsSESSMEN^r AND COLLECTION OF TaXES. 193 
 
 § 82. A warrant for the collection of a tax voted by the district 
 shall not be delivered to the collector until the thirty-first day 
 after the tax was voted. A warrant for the collection of any tax 
 not so voted may be delivered to the collector whenever the same 
 is completed. 
 
 The collector is not bound to give notice of the time when the tax list and 
 warrant are put in his possession. 
 
 A distinction is here made between a tax voted by the district and one levied 
 by authority of law without such vote. 
 
 A tax list made out for the collection of any money to defray the expenses 
 incurred by the trustees, under sections fifty and fifty-one of this title, may 
 have the warrant attached and be delivered to the collector " whenever the 
 same is completed," which means just as soon as the trustees can make the 
 assessment. No tax list can be considered as complete until it has passed 
 from the hands of the trustees, and is no longer open to their alteration and 
 revision. The writing out of the tax list and warrant is purely clerical. The 
 completion of the tax list must be found in the last official act of the trustees, 
 its delivery to the collector. 
 
 A tax list for the collection of a tax voted by the district cannot be com- 
 pleted vmtil the thirty-first day after the tax was voted ; but a tax list for the 
 collection of a tax not so voted may be completed whenever the trustees 
 deliver it to the collector. 
 
 § 83. Within such time, not less tiian ten days, as the trustees 
 shall allow him for the purjDOse, the collector, before receiving the 
 first warrant for the collection of money, shall execute a bond to 
 the trustees, with one or more sureties, to be approved by one or 
 more of the trustees, in such amount as the district meeting shall 
 have fixed ; or, if such meeting shall not have fixed the amount, 
 then in such amount as the trustees shall deem reasonable, condi- 
 tioned for the due and faithfid execution of the duties of his office. 
 
 The amount of bail to be given by the collector should be fixed at the annual 
 meeting, when the oflicers of the district are chosen. It may be fixed at any 
 duly assembled meeting. 
 
 The trustees should notify the collector of the time when a tax list and war- 
 rant will be in readiness for delivery to him, and the statute gives him ten 
 days to look up his sureties. This notice should be served not more than 
 twenty days after a tax is voted, in order that no time may be lost in the 
 collection. 
 
 .The following is a form of a collector's bond : 
 
 Know all men by these presents, that we, A. B., C. D. and R. S. (the collector 
 and his sureties), are held and firmly bound to E. F., G. H. and L. M., trustees 
 25
 
 194 Assessment and Collection of Taxes. 
 
 of school district No. , in tlie town of , county of , in the 
 
 sum of (liere insert the amount of bail fixed by the district meeting or by the 
 trustees), to be paid to the said E. F., G. H. and L. M., trustees as aforesaid, or 
 to the survivor or survivors of them, or their successors ; to which pajinent, 
 ■well and truly to be made, we bind ourselves, our heirs, executors and admin- 
 istrators, firmly by these presents. Sealed with our seals, and dated this 
 day of , 18 . 
 
 Whereas, the above bounden A. B. has been chosen (or appointed) collector 
 of the above mentioned school district No. , in the town of , in con- 
 
 formity to the statutes relating to common schools ; now, therefore, the condi- 
 tion of this obligation is sucli, that if the said A. B. shall well and truly 
 collect and properly account for all moneys received by him as such collector, 
 and shall, in all respects, duly and faithfully execute all the duties of his office 
 as collector of such district, then this obligation shall be void, otherwise to be 
 
 in full force and effect. 
 , A. B. [l. s.] 
 
 C. D. [L. s.] 
 R. S. [L. s.] 
 Signed, sealed and delivered ) 
 in the presence of ) 
 
 United States internal revenue stamps, to the value of one dollar, must be 
 properly affixed to the collector's bond, and be canceled by the persons signing 
 the same. 
 
 § 84, The collector, for two weeks after receiving a warrant for 
 the collection of taxes, shall receive such taxes as may be A^olun- 
 tarily paid to hira ; 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 expira- 
 tion of the time mentioned, five per cent ; and in case a levy and 
 sale shall be necessarily made by such collector, he shall be enti- 
 tled to traveling fees at the rate of ten cents jicr mile, to be com- 
 puted from the school-house in such district. 
 
 The trustees are not authorized to receive or hold any money collected on a 
 district tax. Payment to them would not be payment of the tax, and the col- 
 lector cannot so regard it. He must collect and hold the moneys, and pay 
 them out only on the written order of tlie trustees. 
 
 The collector must hold his tax list and warrant for t^vo weeks to receive 
 voluntary pajnncnts ; but ho cannot demand payment within that time, nor 
 proceed to levy upon property. 
 
 After two weeks he must collect, and may demand five per cent on the sums 
 collected. But he is not entitled to any percentage on sums remaining uncoL 
 lected.
 
 Assessment and Collection of Taxes. 195 
 
 § 85. Any collector to whom any 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 tho 
 district is a joint district and composed of territory from adjoining 
 counties, in the same manner and with the like authority as in the 
 district in which the trustees issuing the said warrant may reside, 
 and for the benefit of which said tax is intended to be collected ; 
 and the bail or sureties of any collector, given for the faithful per- 
 formance of his official duties, arc hereby declared and made liable 
 for any moneys received or collected on any such tax list and 
 warrant. 
 
 When a collector le\'ies upon property out of his district, he should put up 
 notices of the sale of such property, as well in the district where the sale is to 
 take place, as in that of his residence. 
 
 § 86. If the sum or sums of money, payable by any person 
 named in such tax list, shall not be paid by him or collected by 
 such -warrant within the time therein limited, it shall and may be 
 lawful for the trustees to renew such warrant in respect to such 
 delinquent person ; or, in case such person shall not reside within 
 their district at the time of makinn^ out a tax list, or shall not i 
 reside therem at the expiration ot such warrant,.and do goods or 
 chattels can be found[therem| whereon to levy the tax, the trustees 
 may sue for and recover the same in their name of office. 
 
 Cliief Justice Nelson, deliverinpr the opinion of the supreme court, in 24 
 Wend., 2G9, where a warrant had been made out but not delivered to the col- 
 lector, and the return day havinj^ passed, while it remained in the hands of the 
 trustees, it was renewed and then delivered to the collector, says : " The 
 renewal is in fact but a re-issuing of the process, and I can perceive no reason 
 against regarding it as an original issuing. Nor can the difference be material 
 whetlier it lies in the hands of the trustees for a time and is then revived by a 
 renewal, or in the hands of the collector unexecuted, which confessedly would 
 justify it." In 3 IIUl, 495, where the objection was that the original warrant 
 was not under seal (which, as the law then stood, rendered it void), but the 
 renewal was signed by the trustees with their seals affixed, the court say: 
 " The renewal of the warrant made it new process for all the purposes of col- 
 lecting the taxes then unpaid ; it is the &ame thing, substantially, as though 
 the original warrant had been recited in the renewal ; and thus we have a 
 warrant under the hands and seals of the trustees." In 4 Barb., 444, it was 
 held that the issuing of a new warrant was a good execution of the power 
 to renew. In 17 Barb., 145, a warrant not issued until after its renewal
 
 196 Assessment and Collection of Taxes. 
 
 becomes, by delivery to tbe collector witb a renewal indorsed, valid and effec- 
 tual process, a-s of that date; and the rights of tax payers and duties of the 
 collector are the same as they would have been had the warrant been made out 
 and dated as an original process on the day of its delivery to the collector. In 
 20 Barb., 165, where three trustees signed the original warrant, but one of 
 them refused to sign the renewal, the latter was held not liable for any act 
 done under the renewal and after the original return day. 
 
 The renewal is to be under the hands of the trustees, or a majority of them, 
 ■who are in office at the time of such renewal. For the purpose of preserving an 
 authentic history of the process, it is better to append a renewal to the original 
 warrant than to issue a new one, except in cases where the original may bo 
 discovered to have been defective in its form. It ought to specify the duration 
 of the time for which it is renewed, and to be indorsed upon or written under 
 the original warrant, in substantially the follo^\dng form : 
 
 We hereby renew the within (or above written) Avarrant in respect to delin 
 queuts for the period of thirty days. Dated this day of ,18 . 
 
 A. B., J Trustees of District 
 C. D., V No. , in the 
 
 E. F., ) town of 
 
 A second or subsequent renewal requires the consent of the supervisor, under 
 the next section. In that case, the words " With the approbation of the super- 
 visor of the town of (in which the school-house is located )," should pre- 
 cede the above form. 
 
 Where the warrant is renewed by the trustees, the collector in office at the 
 time of such renewal must execute it. 
 
 It being a palpable absurdity to talk of those as delinquents who have never 
 been called upon to pay, this language of the statute is an admonition to the 
 trustees not to suffer a warrant to run out in their hands without issuing it. 
 
 The latter clause of the above section, giving the trustees the right to sue 
 persons named in a tax list, is confined to such as did not residt within the dis- 
 trict at the time of making out the list, or who shall have ceased to reside 
 therein at the expiration of the warrant. It cannot be regarded as having 
 expired until a renewal may have run out ; and in respect to both classes of 
 persons, the inability to find goods and chattels whereon to levy the tax should 
 be proved by the sworn return of the collector before a suit is brought. They 
 may have been taxable inhabitants, under some of the definitions of those 
 words wmtaincd in the statutes regarding taxation, without ever having been 
 residents or having, in fact, set foot in tlu; district at all. 
 
 § 8V. Whenever the trustees of any scliool district shall discover 
 any error in a tax list made out by them, they may, with the 
 approbation and consent of the Superintendent of Public Instruc- 
 tion, after refunding any amount that may have been improperly 
 collected on such tax list, if the same shall be required by him,
 
 Assessment and Collection of Taxes. 197 
 
 amend and correct such tax list, as directed by tlie Superintendent, 
 in conformity to law ; and whenever more than one renewal of a 
 "warrant for the collection of any tax list may become necessary in 
 any district, the trustees may make such further renewal, with 
 the written approbation of the supervisor of any town in which a 
 Bchool-house of said district shall be located, to be indorsed upon 
 Buch warrant. 
 
 Tlie application to the Stato Superintendent, for liis consent to 'correct an 
 error, should be under the hands of a majority of the trustees, and sliould state 
 Bpecifically wherein the error is supposed to consist, and in what manner they 
 propose to amend and correct the tax list. It will ordinarily be the better mode 
 to revoke the imperfect tax list and to make out a new one, stating in the 
 heading thereof that it is " Amended and corrected with the approbation and 
 consent of the State Superintendent of Public Instruction, by his order bearing 
 date the day of , 18 ." The order should, of course, be carefully 
 
 filed as evidence of the authority to collect under it. 
 
 The approval of the supervisor may be given by his indorsing on the war- 
 rant, under the form given in the preceding section, the words : 
 
 " Approved this day of , 18 . H. T., Supervisor of ." 
 
 If there be more than one school-house in the district, and they be located in 
 different towns, the approval should, as a matter of prudence, be signed by the 
 supervisors of all such towns. It is a matter of discretion with the supervisor, 
 in the first instance, to grant or withhold his approbation. If he improperly 
 refuses it, the remedy is by appeal upon regular notice to him. 
 
 § 88. The collector shall keep in his jiossession all moneys 
 received or collected by him by virtue of any warrant, to be by 
 him paid out upon the order of a majority of the trustees; and he 
 shall report in writing at the annual meeting, all his collections 
 and disbursements, and shall pay over to his successor in office, ■ 
 when he has duly qualified and given bail, all moneys in his hands 
 belonging to the district. 
 
 The collector by this section is made the legal custodian of all moneys col- 
 lected by tax upon the district ; and he can pay it out only upon the order of 
 a majority of the trustees. The collector should demand a written order. The 
 collector and his sureties in his bond are responsible for the safe keeping and 
 legal disbursement of the moneys of the district. The orders of the trustees 
 are the only proper vouchers for the disposal of the moneys. 
 
 The collector should keep an account of all moneys collected and paid out 
 by him, and be ready with his vouchers, to report at the annual meeting. 
 
 Before handing over the moneys in his hands to his successor, he should be 
 certam that the bail required has been given ; and should take a receipt for the 
 moneys paid over.
 
 198 Assessment and Collection of Taxes. 
 
 § 89. If, by the neglect of any collector, any 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 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. 
 
 The collector's power to sell property ceases with the expiration of the time 
 limited in the warrant for its return, even under a levy made before the return 
 day ; and tmless the warrant is renewed by the trustees, his liability for not col- 
 lecting becomes fixed. (18 Barh., 330.) It behooves him, therefore, not to 
 intermit his efforts to collect a tax upon any verbal directions of the trustees. 
 Having commanded him by a warrant, he is bomid to complete its execution, 
 unless the time is extended by the equally solemn act of renewal. Nor is he 
 bound to delay, against his own wishes, because the trustees desire it. They 
 may sometimes desire to suspend proceedings, where he is indifferent, because 
 a warrant, regular on its face, is siifficient for Ms protection, while they may be 
 responsible from a defect of authority not apparent on its face. In such a case 
 he should require a formal certificate from the trustees that they have with- 
 drawn the warrant, and discliarged him from the further execution thereof, and 
 should make a return thereon to this effect : 
 
 " Under the within warrant, I have received and collected of the following 
 persons named in the tax list thereto attached the sum of money set opposite 
 to their respective names, viz. : James Tliomas, $6.81 ; James Thomas, executor 
 of John Thomas, deceased, $17.45, etc., etc., and have this day ceased from tlie 
 further execution thereof, by the written direction of C. D. and E. F., a majority 
 of tlie trustees. 
 
 " Dated this day of , 18 • 
 
 "STEPHEN GRINNER, Collector." 
 
 Transactions of this nature should never be left to rest upon loose conversa- 
 tions, nor should any officer of a district permit his responsibility to the 
 inhabitants to be confounded with that of other officers, who may have distinct 
 accounts to render for their conduct in the affair. 
 
 Where a warrant runs out in the collector's hands, he is answerable for any 
 loss arising from his neglect, notwithstanding sucli wan-ant may have been 
 afterward renewed and delivered to liis successor. 
 
 § 90. For the recovery of all such forfeitures, and of all balances 
 in the hands of the collector which he shall have neglected or 
 refused to pay to his successor, the trustees, in their name of office, 
 Bhall have their remedy upon the official bond of the collector, or 
 any action and any remedy given by law; and they shall apply 
 all such moneys, when recovered, in the same manner as if paid 
 witliout suit.
 
 Libraries and Library Moneys. 199 
 
 The forfeiture referred to in this section is the amount of money which a col- 
 lector might have collected by the exercise of proper diligence. The legal 
 presumption is, when the return day of a warrant arrives, that the collector has 
 all the money in his hands. It is sufficient for the trustees to prove that they 
 delivered to him a tax list and warrant for the collection of a certain amount, 
 and that the time therein specified for its return has expired. They may then 
 rest their case, and it lies upon the collector to produce in liis defense the orders 
 of the trustees for such moneys as he may have paid, his account of non-resident 
 taxes, with his affidavit of his inability, after diligent eflbrts, to collect the same, 
 and then to show as to taxable iiihabitants named in the tax list, that they had 
 no personal property within the district upon which he could levy. The 
 trustees may then prove in reply that such taxable inhabitants had personal 
 property outside of the district but witliin the county (or, if the district includes 
 parts of more than one county, in either county), and they ought probably to 
 show, in addition, that the collector had express notice of the fact, or that he 
 knew it, or that it was so far linown in the district that the collector, by rea- 
 sonable diligence in making inquiries, would have ascertained such facts as to 
 make it his duty to look for property outside of the district. The question is, 
 would an ordinary man — not a particularly keen or covetous man — armed 
 with the power to appropriate any chattels of his debtor to the payi^^ent of a 
 debt due liimself, have failed to discover that such property was within his 
 reach ? 
 
 TITLE VIII. 
 
 OF SCHOOL DISTRICT LIBRARIES, AND THE APPLICATION OF LIBRARY 
 
 MONEYS. 
 
 Section 1. The taxable inhabitants of each school district in 
 the State shall have power, when lawfully assembled in any dis- 
 trict meeting, to lay a tax on the district, not exceeding ten dol- 
 lars in any one year, for the purchase of such books as they shall 
 direct for the district library, and such further sum as they may 
 deem necessary for the purchase of a book-case. All books and 
 cases which may have been or shall be purchased with moneys 
 raised by such taxes, or with money's apportioned to the district 
 for library purposes, and all books which have been given to and 
 accepted by the trustees for the library, shall compose the library 
 of the district. 
 
 The power of taxation granted in this section is a duplication of the power 
 given by subdivision 9 of section 16 of title 7 of this act. 
 
 Section 135 of the act of 1847, following chapter 80 of 1835, from which it 
 was taken, directs that "the taxes authorized by the foregoing section shall be 
 assessed and collected in the same manner as a tax for building a school- 
 house."
 
 200 Libraries and Library Moneys. 
 
 The books to be purchased by tax under this section are such as the district 
 meeting shall direct, while those purchased by the library money apjiortioned 
 to the district are selected by the trustees. The meeting may adopt such regu- 
 lations as it deems proper for the management of so much of the library as is 
 purchased by a district tax, while the general regulations in respect to those 
 bought by money received from the State are prescribed by the State Superin- 
 tendent. 
 
 . § 2. The sum of fifty-five thousand dollars, directed to be ^Tis- 
 tributed 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 the district libraries. 
 
 The selection of books for the district library is devolved by law 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 such selec- 
 tions, but two prominent sources of embarrassment have been experienced. 
 The one has arisen from the necessity of excluding from the libraries all works 
 having directly or remotely a sectarian tendency, and the other from that of 
 recommending the exclusion of novels, romances and other fictitious creations 
 of the imagination, including a large proportion of the lighter literature of the 
 day. The propriety of a peremptory and uncompromising exclusion of those 
 catchpenny but revolting publications which cultivate the taste for the marvel- 
 ous, the tragic, the horrible and the supernatural — the lives and exploits of 
 pirates, banditti and desperadoes of every description — is too obvious to every 
 reflecting mind to require the slightest argument. 
 
 If any case of improper selection of books should come before the Superin- 
 tendent, by appeal from any inhabitant, such selection would be set aside ; and 
 if it appears from the reports which, according to regulation, must be made, 
 that such books have been purchased, the school commissioner will be bound 
 to withhold the next year's library money from such district \mtil they are 
 rcjilaced by works of e(jual cost and better character. 
 
 In regard to works of a sectarian character, which there is considerable dis- 
 position to smuggle into district libraries, the following general rules, promul 
 gated by Superintendent Eandall several years ago, may be regarded as 
 expressing the settled principles of the department : 
 
 " 1. No works written professedly to iiphold 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 because they inci- 
 deotally and indirectly betray the religious o])inions of their autliors ; 
 
 " 3. VV'orks avowedly on other topics, which abound in direct and unreserved 
 attacks on, or defense of, the character 'of any religious sect, or those which
 
 LiBRAKIES AND LiBKARY MONEYS. 201 
 
 hold up any religious bod}' to contempt or execration, by singling out or bring- 
 ing togotlier only the darker parts of its histoi-y or character, shall be excluded 
 from tho school libraries." 
 
 In the selection of books for a district library, information, and not mere 
 amusement, is to be regarded as the primary object. Suitable provision 
 should, however, be made for the intellectual wants of the young, by furnish- 
 ing them with books which, without being merely juvenile in their character 
 may be level to their comprehension, and sufficiently entertaining to excite and 
 gratify a taste for reading. It is useless to buy books which are not read. Tlie 
 indifference which is manifested in respect to many of the district libraries 
 shows that in point of fact their volumes are little sought for. This covild 
 hardly be the case, if the annual additions vvere of a kind to interest the young. 
 If we can succeed in making eager readers of the youthful generation, they will 
 take care of the libraries in the future. 
 
 § 3. But -whenever tlie number of volumes in the district library 
 of any district numbering over fifty children between the ages of 
 five and sixteen 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 of the 
 district qualified to vote therein may, at a special or annual meet- 
 ing duly notified for that purpose, by a majority of votes, appro- 
 priate the whole or any part of the library money belonging to 
 tiie district for the current year to the purchase of maps, globes, 
 blackboards, 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, blackboards and other 
 apparatus aforesaid, the said moneys, with the approbation of the 
 Superintendent of Public Instruction, may be applied to the pay- 
 ment of qualified teachers' Avages. 
 
 This section was a part of section 136 of chapter 480, Laws of 1847. The 
 so-called free school law of 1851 required the enumeration of all children 
 1 jet ween the ages of four and twenty-one, and declared the schools free to all 
 between those ages. But this section was not amended by that law, but has 
 remained unaltered ever since. 
 
 In order, therefore, to authorize a district to apply its library money to the 
 purchase of scientific apparatus, or, with the approbation of the State Superin- 
 tendent, to paying teachers' wages, it must number over fifty children between 
 the ages of five and sixteen, and actually have in its library over one hundred 
 and twenty-five volumes, or over one hundred volumes if the number of 
 children between those ages be less than fifty. The mere fact that the district 
 has at sonie previous time possessed the requisite number of volumes is not 
 sufficient. 
 
 20
 
 202 ' Libraries and Library Moneys. 
 
 On making an application to the State Superintendent, the facts must be 
 proved by an affidavit, stating the number of children, the nimiber of volumes 
 actually in the library, and enumerating what maps, globes, and other scien- 
 tific apparatus have been procured and are actually in use in the school. 
 
 The vote of a district and the permission of the State Superintendent relate 
 only to the application of library money for the cunent year, and must be 
 annually renewed to justify any diversion of it from the purchase of books. 
 
 § 4. When the library money apportioned to a district in any 
 year shall be less than three dollars, the trustees may apply it in 
 
 payment of qualified teachers' wages. 
 
 .» 
 
 The annual apportionment made by the school commissioners will show 
 what is the amount of library money belonging to each district. If it is less 
 than three dollars, then the trustees may give an order for it on the supervisor 
 in part payment of the wages of a qualified teacher. 
 / 
 
 § 5. 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 added to any tax voted by a district 
 meeting, and shall be collected and paid over in the same manner. 
 The librarian of any district library shall be subject to the direc- 
 tions of the trustees thereof, in all matters relating to the preser- 
 vation of tlie books and ai>i)urtenances of the library, and may be 
 removed from office by tliem for willful disobedience of such direc- 
 tions, or for any Avillful neglect of duty. 
 
 Being required to preserve the books belonging to the library, the trustees 
 must liave power to do all that is necessary to their preservation. If the people 
 neglect or refuse to vote a tax to buy a book-case, the trustees may buy one, on 
 the ground that a library cannot be preserved without a book-case capable of 
 holding the books. 
 
 They are also to cause the books and case to be repaired as soon as may be, 
 when injured; and to provide sufficient wrapping paper to cover tlieir books, 
 and the necessary writing paper to enable the librarian to keep minutes of the 
 delivery and return of books. Tlicse arc 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 incH'ting. It is not 
 necessary that the tax to defray these expenses should be voted by the iuhab-
 
 LlBUARIES AND LuiUAUY MoXHTS. 203 
 
 Hants of tlie district.; it is to be assessed and collected iu the same manner as a 
 tax for building or repairing a school-liouse, or to furnish it with necessary 
 fuel and appendages. 
 
 Tiic trustees of each school district are required, at the time of making their 
 annual reports, to deliver to the school commissioner a catalogue containing 
 the titles of all the books in the district library not previously reported, with 
 the number of volumes of each set or series, and the condition of such books, 
 whether sound, or injui'ed or defaced. This catalogue must be signed by them 
 and by the librarian. 
 
 § 6. Trustees sliall be liable to tlieir successors, and the librarian 
 shall be liable to the trustees, for any neglect or omission of their 
 respective duties, by which any book shall be lost, destroyed or 
 damaged, to the amount of such damage and the value of the book 
 so destroyed or lost. 
 
 There is great reason to fear that the duties of trustees, in respect to the 
 preservation of the libraries in good condition, are often criminally neglected. 
 They ouglit to investigate its condition as soon as they come into office, ascer- 
 tain who has the custody or is responsible for every book upon its catalogue, 
 and see that it is returned in due time to the librarian, or that the proper fine 
 for its detention is imposed and collected. If their predecessors cannot produce 
 or account for the books, they should be prosecuted for the value of such as 
 may be missing. 
 
 It is believed that the loss of many books, and the injury of others, are 
 owing to neglect of the trustees to provide a book-case for them. Books that 
 are tumbled promiscuously into an old trunk, or dry goods box, and stowed 
 away in a garret, are not kept and preserved. A book-case well filled with 
 good books is the most valuable ornament in any room. The librarian of any 
 district which has a library of two or three hundred well selected books ought 
 to consider himself the most favored man in his neighborhood. 
 
 § 7. All moneys recovered under tlie last preceding section, and 
 all moneys received upon any policy of insurance procured upon 
 the library, and all fines and penalties imposed by or in pursuance 
 of this title, shall be applied, by the trustees, in the purchase of 
 books for and in the reparation and care of the library. 
 
 § 8. Any two or more adjoining districts, "with the consent of 
 all the commissioners of the school commissioner districts within 
 which tliey lie, may, by a majority of votes in their several dis- 
 tricts, unite their libraries, anel apply their library moneys and 
 funds to the care, i-eparal ion and augmentation of their joint library 
 so formed. All the trustees of such districts shall be trustees of 
 buch library, with all the powers, duties and liabilities conferred and
 
 204 LiBRAEIES AND LiBRARY MONETS. 
 
 imposed by this title upon the trustees of a library of a district, 
 and the librarian shall be appointed by them, and have the j^owers 
 and be subject to the duties and liabilities conferred and imposed 
 by this title upon the librarian of a district ; but upon the question 
 of his appointment or removal, and upon any other question M'hich 
 may arise in the board of trustees, the trustee or trustees of each 
 district shall have one vote only. All the districts owning such 
 library shall be considered as a school district, and the library as 
 a school district library, within the meaning otf the subsequent 
 provisions of this title. 
 
 § 9. The agreement forming a joint library may be terminated 
 by the votes of all the several districts that made it, or by the 
 votes of any one or more of them less than the whole, provided a 
 majority of the school commissioners, within whose districts the 
 school districts lie, advise and consent thereto, or the Superintend- 
 ent of Public Instruction so order. 
 
 § 10. When such an agreement shall be dissolved, the trustees 
 'of the several districts (the trustee or trustees of each district 
 having only one vote) shall divide the library and all the joint 
 funds on hand, including all fines and penalties incurred, among 
 the several districts ; and if they cannot agree, then such division 
 shall be made by the commissioners within whose districts the 
 school districts lie, or by some officer or person selected by the 
 Superintendent of Public Instruction. 
 
 It lias been frequently and earnestly ur^ed upon the department and the 
 Legislature to favor the consolidation of all tlie district into town libraries. 
 The principal objection to the formation of town libraries is that the distance 
 to be traveled to and from them would render them practically useless to a 
 large part of the inhabitants of any town. There is no other serious objec- 
 tion. The money would be more economically expended, the purchase would 
 comprise a greater variety of books, they would be in the main a better class 
 of books, and they would be more carefully preserved. 
 
 There can be no doiil)t of the pro])riety and usefulness of uniting all the 
 libraries of such districts as are partly composed of \'illages. 
 
 §11. The general regulations respecting the preservation of 
 school district libraries, the delivery of them by librarians and 
 triistees to their succG.'isors in office, the use of them by thp inhab- 
 itants of the district, the number of volumes to be taken by any
 
 Libraries and Library Moneys. 205 
 
 one person at any one time or during anj"- term, the periods of 
 their return, the •fines and penalties that may be imposed by the 
 trustees of such libraries for not returning, foi- losing or destroy- 
 ing, any of the books therein, or for soiling, defacing or injuring 
 them, heretofore framed by the Superintendent of Public Instruc- 
 tion, are continued in force, and he may, from time to time, amend, 
 annul or add to them, and shall, from time to time, furnish printed 
 copies of the regulations in force, and of such amendments, annul- 
 ment's and additions to the trustees of such libraries ; and all such 
 regulations shall be obligatory upon all persons and officers having 
 charge of such libraries, or using or possessing any of the books 
 thereof Such fines may be recovered in an action of debt, in the 
 name of the trustees of any such library, of the person on Avhom 
 they are imposed, unless such person be a minor; in which case 
 they may be recovered of tl\e parent or guardian of such minor, 
 unless notice in writing shall have been given by such parent or 
 guardian to the trustees of such library, that they will not be 
 responsible for any books delivered to such minor. And persons 
 with whom such minors reside shall be liable, in the same manner 
 and to the same extent, in cases where the parent of such minor 
 does not reside in the district. 
 
 REGULATIONS OP THE SUPERINTENDENT MADE IN PURSUANCE OF THE ABOVE 
 
 PROVISION. 
 
 1. The librarian is required, whenever any library is purchased and taken 
 charge of by him, to make out a full and complete catalogue of all the books 
 contained therein. At the foot of each catalogue he is to sign a receipt in the 
 following form : 
 
 I, A. B., do hereby acknowledge that the books specified in the preceding 
 catalogue have been delivered to me by the trustees of school district No. , 
 in the town of , to be safely kept by me, as librarian of the said district, 
 
 f(ir the use of the inhabitants thereof, according to the regulations prescribed 
 by the Superintendent of Public Instruction, and to be accounted for by me, 
 according to the said regulations, to the trustees of the said district, and to be 
 delivered to my successor in office. Dated, etc. 
 
 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
 
 206 Libraries and Library Moneys. 
 
 of books in the library of the said district, now in possession of A. B., the 
 librarian thereof, and of his receipt thereon. Given imder our hands, this 
 day of , 18 . 
 
 The catalogue having the librarian's receipt is to be delivered to the triistees, 
 and a copy having the certificate of the trustees is to be delivered to the libra- 
 rian for his indemnity. 
 
 2. Whenever books are added to the library, a catalogue, with a similar 
 receipt by the librarian, is to be delivered to the trustees, and a copy, with a 
 certificate of the trustees that it is a copy of the catalogue delivered them by 
 the librarian, is to be furnished to him. Every catalogue received by trustees 
 is to be kept by them carefully among the papers of the district, and to be 
 delivered to their successors in office. 
 
 3. Whenever a ncAv librarian shall be chosen, all the books are to be called 
 in. For this purpose the lil^rarian is to refuse to deliver out any books ior 
 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 be kept by them ; a copy of it is to be made 
 out and delivered to the new librarian, with the library, by whom a receipt, in 
 the form above prescribed, is to be given, and to be delivered to the trustees. 
 Another copy, certified by them as before mentioned, is to be delivered to the 
 librarian. 
 
 4. Trustees, on coming into office, are to attend at the library for the purpose 
 of comparing the catalogue with the books. The}'' are at all times, when they 
 think proper, and especially on their coming into office, to examine the books 
 carefully, and note such as are missing or injured. For every book that is 
 missing, the librarian 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 injury which a book may 
 appear to have sustained by being soiled, defaced, torn or otherwise. And ho 
 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 books 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. 
 
 5. 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 tlu; 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 covered with
 
 Libraries axd Library Moneys. 
 
 207 
 
 Btrong wrapping paper, on tlic back of ■\vliicli is to be -written tlie 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 number and title must still be continued on the catalogue, with a note 
 that it is missing. 
 
 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 columns of the proper size for 
 the following entries, to be written lengthwise of the paper : In the first 
 column, the date of the delivery 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 foi-m ; 
 
 Time of Delivery. 
 
 Title and 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 {he time any book is delivered, and, when it ia 
 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 bo 
 fastened on the door of the case. 
 
 REGULATIONS CONCERNING THE USE OF THE BOOKS IN DISTRICT LIBRARIES, 
 PRESCRIBED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 I. The librarian has charge of the books, and is responsible for their preser- 
 vation and delivery to his successor. 
 
 II. A copy of the catalogue required to be made out by articles one and two 
 of the preceding regulations is to be kept, by the librarian, open to the inspec- 
 tion 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 tho 
 library. 
 
 III. Books are to be delivered as follows : 
 
 1. Only to inhabitants of the district ; 
 
 2. Only one can be delivered to an inhabitant at a time ; and any one ha^^ng 
 a book out of the library must return it before he can receive another ; 
 
 3. No person upon whom a fine has been imposed by the trustees, under 
 these regulations, can receive a book while such fine remains unpaid;
 
 208 Libraries and Library Moneys. 
 
 4. A person under age cannot be permitted to take out a book, unless he 
 resides with some responsible inhabitant of the district ; 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 
 minor ; 
 
 5. Each individual residing in the district, of sufficient age to read the 
 books belonging to the library, is to be regarded as an inhabitant, and is enti- 
 tled to all the benefits and privileges conferred by the regulations relative to 
 district libraries. Minors will draw in their own names, but on the responsi- 
 bility of their parents or guardians ; 
 
 6. Where there is a sufficient number of volumes in the library to accommo- 
 date 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 punctually and fully observed. But where there are not 
 books enough to supply all the borrowers, the librarian should endeavor to 
 accommodate 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 per- 
 son entitled, who has not previously borrowed the same book, in which case 
 such applicant shall 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 librarian. Upon applica- 
 tion to the Superintendent, the time for keeping books out of the library will 
 be extended to a period not exceeding twenty-eight days, where sufficient 
 reasons for such extension 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 inj ured, by soiling, defacing, tearing or in any other way, before 
 such book shall again be loaned out, together wiih the name of the inhabitant 
 in whose possession it was when so injured. 
 
 VI. The trustees of school districts being, by virtue of their office, trustees 
 of the library, are hereby authorized to impose the following fines : 
 
 1. For each day's detention of a book, beyond the time allowed by these 
 regulations, six cents ; but not to bo imposed for more than ten days 
 detention ; 
 
 2. 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 boon fined for 
 detaining such book, then the said ten cents sliall not be added to the value ; 
 
 3. 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 imposed 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
 
 Libraries and Library Moneys. 209 
 
 value of tlie book ; for cutting or taaring the cover or the binding, or any leaf 
 not less than ten cents, nor more than the value of the Iwok ; 
 
 4. 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 circulation, the trustees will consider it a destruc 
 tion of the book, and shall impose a fine accordingly, as above provided in 
 case of loss of a book ; 
 
 5. When a book shall have been detained seven days beyond the twenty 
 days allowed by these regulations, the librarian shall give notice to the bor- 
 rower 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 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 tho 
 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 charged, to show cause why he 
 should not be fined for the alleged offense or neglect ; and if, within that time, 
 good cause be not shown, the trustees shall 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, than 
 the fact that the book was as much injured when it Avas taken out, by the per- 
 son charged, as it was when he returned it. As such loss must fall on some 
 one, it is more j ust 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 pre- 
 vented, 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 discre- 
 tionary with the trustees, and they should ordinarily be imposed only for luillful 
 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 twenty days should in all cases be received. 
 
 X. It is the special duty rf 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 is returned. 
 
 XI. Tlie librarian is to inform the trustees of every notice given 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 defense. 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 
 
 27
 
 210 LicKAEiES AND Library Moxeys, 
 
 copy certified by them, or the major part of them, or by tlie 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 impos,;d by them. Fines collected for the detention of books, or 
 for injuries to them, are to be applied to defray the expense of repairing the 
 books in the library. Fines collected 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 upon 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 con- 
 spicuously 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 arc incompatible, and cannot bo held by 
 the same person. 
 
 § 12. The Superintendent of Public Instruction, whenever he 
 may deem proper, may require the trustees of any such library to 
 make to him, or to the school commissioner, a report showing the 
 contents and condition of the library, the fines imposed, and any 
 other information which he may deem proper touching the library 
 or its management, and shall prescribe the form, contents and 
 authentication of such report. And may impose it as a duty upon 
 the teacher employed in any district, under the direction of the 
 trustees, to assist them in making such examination, and when 
 such direction is given, the teacher may close the school one day 
 for tlie purpose of making such examination, and the same shall 
 not be accounted as lost time. 
 
 § 13. If any such trustees willfully neglect or refuse to make 
 any such report, tlie Supci-intcndcut sliall cause all librarj' moneys 
 to be withholden from the district until the report be made and 
 considered by him, and such moneys shall, if he see cause, be for- 
 feited by the district, in which case they shall be apportioned 
 among the school districts of the county in which the library is 
 situated, other than such school district. And any trustee or 
 trustees, tlirough whose neglect or refusal such moneys shall be 
 lost to the district, shall forfeit and pay to the district twice the 
 amount of such moneys, for the bcnc^fit of the library of the dis-
 
 Union Free Schools. 211 
 
 trict, and sucli forfeiture may l»e vccovorcd by his or their succes- 
 sors in office, 
 
 § 14. Tlie Superintendent, wliencver thereto requested by the 
 trustees of any district school library, may select the library or 
 books for the library of the district, and cause the same to be 
 delivered to the clerk of the county. 
 
 § 15. The act entitled "An act to provide for the distribution 
 of standai'd works of American authors among the libraries of dis- 
 trict schools," passed April twelfth, eighteen luindrcd and fifty- 
 eix, is hereby repealed. 
 
 TITLE IX. 
 
 OF UNION FREE SCHOOLS. 
 
 Section 1. Whenever fifteen persons entitled to vote at any 
 meeting of the inhabitants of any school district in the State shall 
 sign a call for a meeting, to be held for the purpose of determining 
 whether a union free school shall be established therein, in con- 
 formity willi the provisions of this title, it shall be the duty of the 
 trustees of such disti-ict, within ten days after such call shall have 
 been presented to them, to give public notice that a meeting of the 
 inhabitants of such district, entitled to vote thereat, will be held 
 for such purpose as aforesaid, at the school-house, or other more 
 suitable place, in such district, on a day and at an hour in such 
 notice to be specified, not more than twenty days after the publi- 
 cation of such notice. If the trustees shall refuse to give such 
 notice, or shall neglect to give the same ibr twenty days, the 
 Superintendent of Public Instruction may authorize and direct any 
 inhabitant of said district to give the same. The qualifications of 
 the iuliabitants entitled to vote at such meetings, as now by lavsr 
 expressed, sliall be sufficiently set forth in the notice aforesaid. 
 
 Tliis title is an amendment of chapter 433 of the Session Laws of 1853. Its 
 object waaJio promote the consolidation of districts, and, by uniting propertj 
 and numbers, to improve the schools. The Legislature, by this act, gave to tho 
 people of any district the right to have free schools, or to the people of two or 
 more districts the right to unite and have free schools upon the conditions pre- 
 scribed. The law has worked satisfactorily, and has greatly promoted the causo 
 of free schools, by educating a public opinion in their favor. 
 
 The form of the call by the inhabitants maybe as follows; "The under- 
 signed, inhabitants of scliool district No. , in the town of , entitled to
 
 212 Union Free Schools. 
 
 vote at any meetings of the inhabitants of said district, hereby call for a 
 meeting, to be held for the purpose of determining by a vote of such district 
 whether an union free school shall be established therein, in conformity to the 
 provisions of chapter 555 of the Laws of 1864." 
 
 This, being first signed by at least fifteen qualified voters, should be deliv- 
 ered to the trustees. The notice to be given by the trustees should consist, 
 first, of a copy of the call and of the signatures thereto, after which the notice 
 ehould proceed as follows : 
 
 " The undersigned, trustees of school district No. , in the town of , in 
 compliance with a call of fifteen (or more than fifteen) persons, entitled to vote 
 at any meeting of the inhabitants of said district, of which the above is a copy, 
 hereby give notice that a meeting of the inhabitants of said district, entitled 
 to vote thereat, viz., every male person of full age, residing therein, and enti- 
 tled to hold lands in this State, who owns or hires real property in such district, 
 subject to taxation for school purposes ; every resident of such district author- 
 ized to vote at town meetings of the town of (in a joint district, say either 
 of the towns, of or ), who owns any personal property liable to be 
 taxed for school purposes in said district exceeding fifty dollars in value, exclu- 
 sive of such as is exempt from execution, or who has permanently residing 
 with him a cliild or children of school age, some one or more of whom shall 
 have attended the district school for a period of at least eight weeks in the 
 year preceding the date at which said meeting is to be held, will be held at 
 (the school-house or other more suitable place) on the day of 
 next, at o'clock in the noon, for the purpose of determining by a vote 
 of such district whether an union free school shall be established therein, in 
 conformity to the provisions of chapter 555 of the Laws of 1864, and the 
 amendments thereof. Dated this day of , 186 . 
 
 (Signed) A. B.,1 T)-mtees of District 
 C. D., y No. in the 
 
 E. F., ) town of 
 
 The day to be specified in the notice must be not more than twenty days 
 after the first posting of the notices. 
 
 § 2. The notice aforesaid, and at least five written or printed 
 
 n^^ copies tliereof, shall be severally posted at various conspicuous 
 
 ^ places in, and may also be published in any newspaper circulating 
 
 ,lj, within, such district. The trustees of such district shalj^uthorize 
 
 and require any taxable inhabitant of the same to notify every 
 
 other inhabitant (qualified to vote as aforesaid), of such meeting, 
 
 to be calU'il as aforesaid, who shall give such notification in the 
 
 manner, and subject to the ])enalty prescribed in the case of 
 
 the formation of new school districts, by title 7 of this act.
 
 Union Free Schools. 213 
 
 Besides postingf tlic original notice, and five copies in so many conspicuous 
 places in the district (which may be done by the trustees), they may require 
 any taxable inhabitant to j^ivc such notice as is required by section of title 7, 
 under a penalty of five dollars for refusal, as provided by section 5 of the same 
 title. 
 
 § 3. The reasonable expense of such notices, and of their publi- 
 cation and service, shall be chargeable upon the district, in case a 
 ■anion free school is established by the meeting so convened, to bo 
 levied and collected by the trustees, as in cases of taxes now 
 levied for school purposes; but in the event that such union free 
 Bcliool shall not be established, then the said expense sliall bo 
 chargeable upon the inhabitants signing the call, jointly and 
 severally, to be sued for if necessary in any court having jurisdic- 
 tion of the same. 
 
 § 4. Whenever fifteen persons, entitled as aforesaid, from each 
 of two or more adjoining distiicts, shall unite in a call for a meet- 
 ing of tlie inhabitants of such districts, to determine whether such 
 districts shall be consolidated by the establishment of a union free 
 school therefor and therein, it shall be the duty of the trustees of 
 such districts, or a majority of them, to give like public notice 
 of such meeting, at some convenient place within such districts, 
 and as central as may be, Avithin the time, and to be published and 
 served in the manner set forth in the second section of this title, 
 in each of such districts. The reasonable expenses of preparing, 
 publishing and serving such notices, shall be chargeable upon the 
 union free school district, and be collected by tax, if a union free 
 school shall be established pursuant to such call; but otheiAvise 
 the signers of the call shall be jointly and severally liable for such 
 expenses. The Superintendent of Public Instruction may order 
 such meeting, under the conditions and in the manner prescribed 
 in the first section of this title. 
 
 The form of the call under this section may be the same as that above given 
 Tinder section one of this title, except that it should expressly call " for the con- 
 Bolidation ot said districts (the numbers of which will be previously stated) and 
 for a meeting," etc. It must be signed by at least thirty, or, if it is proposed to 
 consolidate three districts, by forty-five persons, fifteen of whom must be quali- 
 fied voters in each of the districts. Where there are less than fifteen voters in 
 any one of these districts, the requirements of the law will be satisfied if all the 
 voters of such district sign the call. The trustees of each district should appoint
 
 214 Union Free Schools. 
 
 a taxable inhabitant to give personal notice therein ; and an original and five 
 copies of the call and notice should be posted in each of the districts, signed hj 
 a majority of the board composed of the trustees of all the districts to which the 
 notice relates. The place of meeting may be in either district. It is important 
 that the original call and notices should be preserved, to be filed with the cer- 
 tified copy of the minutes in the town clerk's office. If the proposed consoli- 
 dated district includes parts of more than one county, the call and notices should 
 be signed in duplicate. 
 
 It is important that it should appear from the proceedings of the meeting 
 that at least one-third of the inhabitants of eaclt, district concerned are present. 
 For this purpose, as soon as the meeting is organized by the election of a chair- 
 man and secretary, the clerk of each district, or the inhabitant required to give 
 notice therein, should make a return, specifying the names of the voters in his 
 district, which should be read by the secretary, and the names of those present 
 from each district entered upon his minutes. 
 
 The numbers and constitution of the meeting being thus ascertained, and 
 found to be sufficient to give jurisdiction of the subject, the question should be 
 broiight before it by a resolution that " a union free school be established 
 within the limits of districts No. , in the town of , and No. , 
 
 in the town of , pursuant to the provisions of chapter 555 of the Laws of 
 
 1864 and the amendments thereof." The meeting may adjourn from time to 
 time by the vote of a majority of those present, although less than one-third 
 of the inhabitants, for not more than ten days at each time. At any such 
 adjourned session the question may be taken on the resolution above men- 
 tioned; but when it has once been decided in the negative, by failing to 
 receive a two-third vote, no further proceedings are in order except a motion 
 to adjourn without day, or a motion to reconsider, which latter motion may 
 be carried by a majority vote, and the session may then be adjourned. On 
 the reconsideration, at the adjourned meeting, if the resolution should bo 
 again lost, all further proceedings are to be suspended for one year. 
 
 If the resolution to establish a free school shall pass the meeting, it should 
 next fix upon the number of trustees to constitute the board of education. As 
 the statute has made no provision for subsequently increasing or diminishing 
 the number of the board, it should not be fixed without mature deliberation. 
 It may be a number not divisible by three, as five or seven, and in such case 
 the meeting may di\ide them into unequal classes, by a resolution which 
 eliould be adopted before proceeding to an election. 
 
 The law is silent about the manner of taking the vote. It may, therefore, be 
 by calling the ayes and noes, or by the raising of hands, or by a division of the 
 house and count. All that is required is that one-third of the legal voters shall 
 be present, and that two-thirds of those present and voting shall be in the 
 affirmative. A vote by acclamation would not be considered a compliance with 
 the law, for want of certainty. 
 
 § 5. Any such meeting, held as aforesaid, shall be organized by 
 the appointment of a chairman and secretary, and may be ad-
 
 Union Free Schools. 216 
 
 jonvnocl from time to time by a majority vote, provided any such 
 adjournment sliall not be for a longer period than ten days ; and, 
 at any such meeting, where at least one-third of the legal voters 
 of such districtj or of each of sucli districts (to determine which the 
 lists of such voters made out by the clerks of such districts respect- 
 ively, or other person who shall be especially designated to serve 
 the notice aforesaid and to make such lists, shall be ^??v"«m facie 
 evidence) ; whenever the question whether a union free school shall 
 be established, in pursuance of the call for such meeting, shall be 
 determined in tlio affirmative by a two-thirds vote of those present 
 and voting, it shall thereafter be lawful for such meeting to pro- 
 ceed to the election by ballot of not less than three nor more than 
 nine trustees, who shall, by the order of such meeting, be divided 
 into three several classes ; the first class to hold until one, the 
 second until two and the third until three years from the second 
 Tuesday in October coincident with or following, except in the 
 cases in the next section provided for ; and when the trustees so 
 elected shall enter upon their office, the office of any existing trus- 
 tee or trustees shall cease, except for the purposes stated in section 
 eleven of title six of this act. The said trustees and their succes- 
 sors in office sh.all constitute a bo.ard of education of and for the 
 union free school district for which they are elected, and the desig- 
 nation of such district as union free school district number , of 
 the town of , shall be made by the school commissioner 
 
 having jurisdiction of the district; and the said board shall have 
 the name and style of the board of education of (adding 
 
 the designation aforesaid). Copies of the said call, minutes of 
 said meeting or meetings, duly certified by the chairman and sec- 
 retary thereof, shall be by them, or either of them, transmitted and 
 deposited, one to and with the town clerk, one to and with the 
 school commissioner or commissioners in whose jurisdiction said 
 districts are located, and one to and with the Superintendent of 
 Public Instruction ; but when, at any such meeting, the question 
 as to the establishment of a union free school shall not be decided 
 in the affirmative, as aforesaid, then all further proceedings at such 
 meeting, except a motion to reconsider or adjourn, shall be dis- 
 pensed with, and no such meeting shall be again called within one 
 year thereafter.
 
 216 Union Fkee Schools. 
 
 Where a jvoint meeting is lield, at wliicli one-third of the voters of each dis- 
 trict is present, the union free school organization may be adopted by a vote 
 of two-thirds of the whole number of voters present and voting at such 
 meeting. 
 
 Where a board of education is elected under the provisions of this section, 
 prior to the second Tuesday of October, they are to enter upon their duties at 
 once, but their terms of office will be for one, two and three years from the suc- 
 ceeding second Tuesday of October. 
 
 § 6. Whenever said board of education shall be constituted for 
 any district or districts whose limits correspond with those of any 
 incorporated village or city, the trustees so elected shall, by the 
 order of such meeting, be divided into three several classes; the 
 first class to serve until one, the second until two, and the third 
 until three years after the day of the next charter election in such 
 village or city, and their regular term of service shall be cora- 
 pitted from the several days of such charter elections, and not 
 from the second Tuesday in October. And thereafter there shall 
 be annually elected in such villages and cities, by separate ballot, 
 to be indorsed " school trustees," in the same manner as the charter 
 officers thereof, trustees of the said union free schools to supply 
 the places of those whose terms by the classification aforesaid are 
 about to expire. 
 
 § 7. The said boards of education are hereby severally created 
 bodies corporate, and each shall at its first meeting, and at each 
 annual meeting thereafter, elect one of their number president, 
 another the clerk thereof, the latter of whom shall also be the gen- 
 eral librarian for the district. In districts other than those whose 
 limits correspond with those of any city or incorporated village, said 
 board shall have power to appoint one of the taxable inhabitants 
 of their district trensurcr, and another collector of the moneys to 
 be raised Avithin the same for school purposes, who shall severally 
 hold such appointments during the pleasure of the board. Such 
 treasurer and collector shall each, and within ten days after notice 
 in Avriting of his appointment, duly served upon him, and before 
 entering upon the duties of his office, execute and deliver to the 
 said board of education a bond, M'ith such sufficient jx'nalty and 
 sureties as the board may require, conditioned for the faithful dis- 
 charge of (lie tluties of his office. And in case such bond shall not 
 be given within the time specified, such office shall thereby become
 
 Union Free Schools. 217 
 
 vacant, and said board shall thereupon, by appointment, supply- 
 such vacancy. 
 
 A member of the board of education cannot serve as treasurer nor collector. 
 
 § 8. The corporate authorities of any incorporated village or city, 
 in which any such union free school shall be established, shall have 
 I)ower, and it shall be their duty to raise, from time to time, by 
 tax, to be levied upon all the real and person:d property in said 
 city or village, as by law provided for the defraying of the expenses 
 of its municipal government, such sum or sums as the board of 
 education established therein shall declare necessary for the further- 
 ance of any of the powers vested in them by law. The sums so 
 declared necessary shall be set forth in a detailed statement in 
 ■writing, addressed to the corporate authorities by the board of 
 education, giving the various purposes of anticipated expenditure, 
 and the amount necessary for each ; and the said cor2:)orate author- 
 ities shall have no power to withhold the sums so declared to be 
 necessary for teachers' wages and the ordinary contingent expenses 
 of supporting the school or schools of said district. 
 
 This section implies that tlie " detailed statement " shall be an estimate to 
 be presented to the village or city authorities, before the board of education has 
 incurred the expenses. 
 
 What are the "ordinary contingent expenses" may be a subject of dispute, 
 but they will necessarily include fuel, cleaning, repairs, furniture to replace 
 Ml at lias been broken or worn out, and similar expenditures. 
 
 If such questions arise in any district, and cannot be settled by the inhabit- 
 ants, they are to be referred to the Superintendent under section 18 of this title. 
 
 It would seem also that the law must be held to apply only to such districts 
 as arc coincident, or correspondent, in boundaries with the corporate limits of 
 cities or villages. 
 
 § 9. In case the corporate authorities shall refuse to provide for 
 any or all of the other purposes of expenditure declared necessary 
 in the statement aforesaid, they shall communicate in writing to 
 the said board of education their objections to each and every 
 expenditure which they refuse to allow, and thereupon the said 
 board of education shall cause the said communication to be pub- 
 lished six times in at least one paper published or circulating in 
 such district, and the said corporate authorities may, at any time, 
 reconsider their action in refusing to allow such expenditures, or 
 28
 
 218 Uniox Ff.ee Schools. 
 
 any of them, or may allow such other sums for any or all of such 
 expenditures as the board of education, in any subsequent or modi- 
 fied statement, may recommend. The annual meeting of the board 
 of education of every union free school district shall be held on the 
 third Tuesday of October in each year. 
 
 § 10. A majority of the voters of any union free school district 
 otlier than those whose limits correspond with an incorporated city 
 or village, present at any annual or special district meeting, duly 
 convened, may authorize such acts, and vote such taxes as they 
 shall deem expedient for making additions, alterations or improve- 
 ments to or in the sites or structures belonging to the district, or 
 for the purchase of other sites or structures, or for the erection of 
 new buildings, or for buying apparatus or fixtures, or for paying 
 the wages of teachers and the necessary expenses of the school, or 
 for such other purpose relating to the supjDort and welfore of the 
 school as they may, by resolution, approve ; and they may direct 
 the moneys so voted to be levied in one sum, or by installments ; 
 and the board of education shall make out their tax list, and attach 
 their warrant thereto, in the manner provided in article seven of 
 title seven of this act, for the collection of school district taxes, 
 and shall cause such taxes or such installments to be collected at 
 euch times as they shall become due. No vote to raise money shall 
 be rescinded, nor the amount thereof be I'cduced at any subsequent 
 meeting, unless the same be done within ten days after the same 
 shall have been first voted. 
 
 This section must be understood as intending to confer upon the inhabitants, 
 assembled in district mcetrng, powers additional to those which they would 
 have possessed under the general law, if they had not organized a free school 
 district. It gives them the power to raise such sums as they may deem expe- 
 dient, without limitation as to the amount for making additions and improve- 
 ments to sites, buildings, fixtures and apparatus. These are mere investments 
 of money for permanent objects, which remain as a part of the •caj!>!'to^ of the 
 district, and are in their nature different from those expenditures which disap- 
 pear in the using, and leave nothing behind capable of sale, and thereby of 
 replacing their original cost. There is no reason in law or in the grammatical 
 construction of the act for supposing that, in regard to raising money for these 
 Bpecially enumerated objects, any other rule is to prevail than that of the com- 
 mon law, which makes a majority vote equivalent to a unanimous one. 
 
 In the vote authorizing a tax, the inhabitants may direct at what time and 
 by what installments it shall be raised. The svmis and periods may be equal 
 or unequal in their discretion.
 
 Union Free Schools. 219 
 
 § 11. Any moneys required to pay teachei-.s' wages, in a union 
 free school, or in tlie ncadeniical department thereof, iifter the duo 
 application of the school moneys thereto, shall be raised by tax, 
 and not by rate bill. 
 
 § 12. Every union free school district shall, for all the purposes 
 of the apportionment and distribution of school moneys, be 
 regarded and recognized as a school district. 
 
 § la. The said board of education of every union free school 
 district shall severally have power: 
 
 1. To pass such by-laws as they may deem proper for the regu- 
 lation and exercise of their lawful business and powers; 
 
 2. To establish such rules and regulations concerning the order 
 and discij>line of the school or schools, in the several departments 
 thereof, as they may deem necessary to secure the best educational 
 results ; 
 
 3. To grade and classify the school or schools of the district, 
 and to regulate the admission of pupils and their transfer from one 
 class or department to another, as their scholarship shall warrant; 
 
 4. To prescribe the text-books to be used in the schools, and to 
 compel a uniformity in the use of the same, and to furnish the 
 same to pupils out of any moneys provided for that purpose ; 
 
 5. To take charge and possession of the school-houses, sites, 
 lots, furniture, books, apparatus, and all school property within 
 their respective districts ; and the title of the same shall be vested 
 respectively in said board of education, and the same shall not be 
 subject to taxation for any purpose ; 
 
 6. To take and hold for the use of the said schools, or of any 
 department of the same, any real estate transferred to it by gift, 
 grant, bequest or devise, or any gift, legacy or annuit)^, of whatever 
 kind, given or bequeathed to the said board, and apply the same, 
 or tlie interest or proceeds thereof, according to the instructions 
 of the donor or testator ; 
 
 7. To have, in all respects, the superintendence, management 
 and control of the said union free schools, and to establish in the 
 same an academical department, whenever in their judgment 
 the same is warranted by the demand for such instruction ; to 
 receive into said union free schools any pu])ils residing out of said 
 districts, and to regulate and establish the tuition fees of such 
 non-resident pupils in the several departments of said schools ; to
 
 220 Union Feee Schools. 
 
 provide fuel, furniture, apparatus, and other necessaries for the 
 use of said schools, and to appoint sucli librarians as they may, 
 from time to time, deem necessary ; 
 
 8. To contract with and employ qualified teachers in the several 
 departments of instruction, in all not less than one for every fifty 
 pupils attending such schools ; to remove them at any time for 
 neglect of duty or for immoral conduct, and to pay the wages of 
 such teachers out of the moneys a^^propriated for that purpose ; 
 
 9. To fill any vacancy which may happen in said board by 
 reason ol the death, removal or refusal to serve of any member or 
 officer of said board ; and the person so appointed in the place of 
 any such member of the board shall hold his office until the next 
 election of trustees, as by this act provided ; 
 
 10. To remove any member of their board for official miscon- 
 duct. But a written copy of all charges made of such misconduct 
 shall be served upon him at least ten days before the time appointed 
 for a hearing of the same ; and he shall be allowed a full and fair 
 oj^portunity to refute such charges before removal ; 
 
 11. And generally to possess all the powers and privileges, and 
 be subject to all the duties in respect to the schools, or the com- 
 mon school departments in any union free school in said districts, 
 which the trustees of common schools now possess or are subject 
 to, not inconsistent with the provisions of this title ; and to enjoy, 
 whenever an academical department shall be by them established, 
 all the immunities and privileges now enjoyed by the trustees of 
 academies in this State. 
 
 Such exposition as may be required of the power and duties of the board of 
 education, under this section, will be found in the precedintr pages under the 
 similar provisions of the {general law relating to the different school officers. 
 Tinder the eleventh subdivision it is the duty of the board of education to make 
 an annual report to the school commissioner, and to submit an annual account 
 to the inhabitants assembled in district meeting, in the same manner as the 
 trustees of ordinary districts. Such reports should be adopted at a meeting of 
 the board, and authenticated by the signature of its president and secretary. 
 
 Trustees of these districts are not prohibited from employing teachers related 
 to them within two degrees. 
 
 § 14. In union free school districts other than those whose limits 
 correspond with any city or incorporated village, the board of edu- 
 cation shall Iiave power to call special meetings of the inhabitants, 
 
 \
 
 Union Fkee Schools. 221 
 
 in the manner provided in section six of title seven of this act for 
 calling special meetings of districts by trustees, and they shall give 
 notice of the time and place of holding the annual school district 
 meeting, which shall be held on the second Tuesday of October in 
 each year. 
 
 § 15. It shall be the duty of the board at the annual meeting of 
 the district, besides any other report or statement required by law, 
 to present a detailed statement in writing of the amount of money 
 which will be required for the ensuing year for school purposes 
 exclusive of the public moneys, specifying the several purposes for 
 which it will be required, and the amount for each, but nothing in 
 this section contained shall be construed to prevent the board from 
 presenting such statement at any special meeting called for the 
 purpose, nor from presenting a supplementary and amended state- 
 ment or estimate at any time. 
 
 § l(j. After the presentation of such a statement, the question 
 shall be taken upon voting the necessary taxes to meet the esti- 
 mated expenditures, and, when demanded by any voter present, 
 the question shall be taken upon each item separately, and the 
 inhabitants may increase the amount of any estimated expendi- 
 tures or reduce the same, except for teachers' wages, and the ordi- 
 nary contingent expenses of the school or schools. 
 
 § 17. If the iidiabitants shall neglect or refuse to vote the sum 
 or sums estimated necessary for teachers' wages, after applying 
 thereto the public school moneys, and other moneys received or 
 to be received for that purpose, provided such estimate shall be 
 for no more than one teacher for each fifty pupils attending such 
 school, or if they shall neglect or refuse to vote the sum or sums 
 estimated necessary for ordinary contingent expenses, the board 
 of education may levy a tax for the same, in like manner as if the 
 same had been voted by the inhabitants. 
 
 § 18. If an)"- question shall arise as to what are ordinary contin- 
 gent expenses, the same may be referred to the Superintendent of 
 Public Instruction, by a statement in writing, signed by one or 
 more of each of the opposing parties upon the question, and the 
 decision of the Superintendent shall be conclusive. 
 
 § 19. It shall be the duty of each of the said boards of educa- 
 tion, elected pursuant to the provisions of this title, to have a 
 regular meeting at least once in each quarter, and at such meetings
 
 222 Uniox Fkee ScnooLS. 
 
 to appoint one or more committees, to visit every scliool or depart- 
 ment under the supervision of said board, and such committees 
 shall visit all said schools at least twice in each quarter, and report 
 at the next regular meeting of the board on the condition and 
 prospects thereof. 
 
 § 20. Tt shall also be the duty of said boards, respectively, to 
 have reference in all their expenditures and contracts to the 
 amount of moneys which shall be appropriated, or subject to their 
 order or drafts, during the current year, and not to exceed that 
 amount. And said boards shall severally apply all the moneys 
 apportioned to the common school districts under their charge, to 
 the departments below the academical ; and all moneys from the 
 literature fund or otherwise, appropriated for the support of the 
 academical department, to the latter departments. 
 
 § 21. All moneys raised for the use of the union free schools in 
 any city or incorporated village, or apportioned to the same fronn 
 the income of the literature, common school or United States deposit 
 funds, or otherwise, shall be paid into the treasury of such city or 
 village, to the credit of the board of education therein ; and the 
 funds so received into such treasury shall be kept separate and dis- 
 tinct from an}'^ other funds received into the said treasury. And 
 the officer having the charge thereof shall give such additional 
 security for the safe custody tliereof as the corporate authorities 
 of such city or village shall require. No money shall be drawn 
 from such funds, credited to the several boards of education, unless 
 in pursuance of a resolution or resolutions of said board, and on 
 drafts drawn by the president and countersigned by the secretary, 
 payable to the order of the person or persons entitled to receive 
 such money, and stating on thfeir face the purpose or service for 
 which such moneys have been authorized to be paid by the said 
 board of education. 
 
 § 22. All moneys raised for the use of said union free schools, 
 other than those whose limits correspond with those of any cities 
 and incorporated villages, or apportioned from the income of the 
 literature or common school or United States deposit funds, or 
 otherwise, shall be i)aid to the respective treasurers of the said 
 several boards of education entitled to receive the same, and be by 
 them applied to the uses of said seviM-al boards, who sliall annually 
 render their accounts of all moneys received and expended by 
 them for the use of said schools, with every voucher for the same,
 
 Union Free. Schools. 223 
 
 and certified copies of all orders of the said boards toucliing the 
 same, to the school commissioner of the town in which the prin- 
 cipal school-house of the district is located. 
 
 § 23. Every academical department, established as aforesaid, 
 shall be under the visitation of the Regents of the University, and 
 shall be subject, in its course of education and matters pertaining 
 thereto (but not in reference to the buildings or erections in which 
 the same is held), to all the regulations made in regard to acad- 
 emies by the said Regents. In such departments the qualifications 
 for the entrance of any pupil shall be as high as those established 
 by the said Regents for participation in the literature fund of any 
 academy of the State under their supervision. 
 
 § 24. Whenever a union free school shall be established under 
 the provisions of this title, and there shall exist within its district 
 an academy, the board of education, if thereto authorized by a 
 vote of the voters of the district, may adopt such academy as the 
 academical department of the district, with the consent of the 
 trustees of the academy, and thereupon the trustees, by a resolu- 
 tion to be attested by the signatures of the officers of the board, 
 and filed in the office of the clerk of the county, shall declare their 
 offices vacant, and thereafter the said academy shall be the aca- 
 demical department of such union free school. 
 
 The effect of this section is, probahly, to transfer to the board of education 
 title to all the property of the academy, provided the proceedings are all regu- 
 lar. For greater security, however, the trustees of the academy ought to 
 execute and deliver to the board of education a deed of their land and buildings, 
 which should be properly acknowledged and recorded. 
 
 § 25. Every union free school district, in all its departments, 
 shall be subject to the visitation of the Superintendent of Public 
 Instruction. He is charged with the general supervision of its 
 board of education, and their management and conduct of all its 
 departments of instruction. And every board of education shall 
 annually, between the first and fifteentli day of October, make to 
 the commissioner having jurisdiction, and deposit in the town 
 clerk's office, a report for the preceding school year, of all mutters 
 and things which trustees of a school district are required to report, 
 and of all such other matters and things as the Superintendent 
 shall, from time to time, require ; and shall also, whenever thereto
 
 224 Schools Foe Colored Children. 
 
 required by the Superintendent of Public Instruction, report fully 
 to him upon any particular matter or thing ; and such reports 
 shall be in such form, and so authenticated, as the Superintendent 
 shall, from time to time, require. 
 
 The Superintendent annually prepares and furnislies blanks for tlie annual 
 reports of the trustees. For instruction as to the filling up of the blanks, refer- 
 ence may be had to section G4 of title 7. If the Superintendent wishes for any 
 information not contained in the annual reports of trustees, he will call for a 
 special report. 
 
 § 26. For cause shown, and after giving notice of the charge, 
 and opportunity of defense, the Superintendent of Public Instruc- 
 tion may remove any member of a board of education. Willful 
 disobedience of any lawful requirement of the Superintendent, or 
 a want of due diligence in obeying such requirement, is cause of 
 removal. 
 
 The procedure under this section would be the same substantially as that 
 for the removal of any school officer, as provided under section 18 of title 1 of 
 this act. 
 
 § 27. The provisions of this title shall apply to all union free 
 schools heretofore organized pursuant to the provisions of chajjter 
 four hundred and thirty-three of the Laws of eighteen hundred 
 and fifty-three. 
 
 TITLE X 
 
 OF SCHOOLS FOR COLORED CHILDREN. 
 
 Section 1. The school authorities of any city or incorporated 
 village, the schools of which are or shall be organized under title 
 nine of this act or under special acts, may, when they shall deem 
 it e.Ypedieiit, establish a separate school or separate schools for 
 the instruction of children and youth of African descent, resident 
 therein, and over five and under twenty-one years of age; and 
 such school or schools shall be suppoi'ted in the same manner and 
 to the same extent as the school or schools supported therein 
 for white children, and they shall be subject to the same rules 
 and regulations, and be furnished with facilities for instruction 
 equal to those furnished to the white schools therein.
 
 Teachers' Institutes. 225 
 
 § 2. The trustees of any union scliool district, or of any school 
 district organized under a special act, may, wlien the inhabitants 
 of any school district sliall so determine, by resolution at any 
 annual meeting, or at a special meeting called for that purpose, 
 establish a separate school or separate schools for the instruction 
 of such colored children resident therein, and such schools shall be 
 supported in the same manner, and receive the same care, and be 
 furnished with the same facilities for instruction as the white 
 schools therein. 
 
 § 3. No person shall be employed to teach any of such schools 
 who shall not, at the time of such employment, be legally qualified. 
 
 § 4. Section one hundred and forty-seven of chapter four hun- 
 dred and eighty, Laws of eighteen hundred and forty-seven, is 
 hereby repealed. 
 
 The common scliools of all the districts not mentioned in this title are aa 
 free to children and youth of African descent as to those of an j* other race. 
 
 TITLE XL 
 
 OF teachers' institutes. 
 
 Section 1. It shall be the duty of every school commissioner, 
 at least once in each year, t\ organize in his own district, or, in 
 concert with one or more commissioners in the same county, to 
 organize in and for the combined districts, a teachers' institute, 
 and to induce, if possible, all the teachers in his district to be pres- 
 ent and take part in its exercises. 
 
 § 2. The commissioner or commissioners, subject always to the 
 advice and direction of the Superintendent of Public Instruction, 
 shall, in such form and manner as may be deemed most effectual, 
 give public notice to the teachers of the district, or combined dis- 
 tricts, and to all others who may desire to become such, of the 
 time when and the place where the institute will be organized. 
 
 § ?,. The Superintendent of Public Instruction shall advise and 
 co-operate with the school commissioners in fixing the times and 
 places of holding the teachers' institute ; and he shall have power 
 to employ, or cause the school commissioners to employ, suitable 
 persons, at a reasonable compensation, to conduct and teach the 
 institutes; and he shall visit, or cause to be visited by persons 
 29
 
 226 Teachers' Institutes. 
 
 o:nployecI in tlie Department of Public Instruction, such and so 
 many of the institutes as lie possibly can, lor the purpose ofexam- 
 iiiinc^ into the course and manner of instruction pursued, and of 
 rendering such assistance as he may find expedient; and he shall 
 establish tlie bases upon which the yearly appropriation for the 
 support of teachers' institutes shall be distributed to the several 
 insiitntes, and the term or terms during which the same may be 
 held, having reference, in the establishment of such regulations, 
 to the number of teachers in the county, district or combined dis- 
 tricts, and in attendance at the institute, to the length of time 
 during which they shall be held, to the lacilities for attendance 
 upon them, and to local disadvantages requiring especial consider- 
 ation. 
 
 § 4. The Superintendent of Public Instruction may establish such 
 regulations in regard to certificates of qualification or recommend- 
 ation, which may be issued by school commissioners, as will in Ids 
 judgment furnish incentives and encouragement to teachers to 
 attend the institutes ; and the closing of his school by a teacher 
 for the time during which an institute shall be held in and for the 
 county or school commissioner district in which his school is, and 
 which institute he shall have attended during the time for Avhich 
 he closed his school, shall not work a forfeiture' of the contract 
 under which he is teaching; and he shall be allowed to make up 
 for the time spent in attending the institute by teaching the school 
 the same length of time immediately at the end of the term for 
 which he contracted to teach. 
 
 § 5. The trustees of every school district are hereby directed to 
 give to the teacher or teachers employed by them the whole of the 
 time spent by such teacher or teachers in attending at any regular 
 session or sessions of an institute in a county embracing the school 
 district, or a part thereof, without deducting anything from his or 
 their wages for the time so spent ; and whenever the trustees' 
 report shows that a district school has been supported for tlie full 
 time required by law, including the time spent by the teacher or 
 teachers in their employ in attendance upon such institute, and 
 that the trustees have given the teacher or teachers the time of 
 such absence, and have not deducted any thing from his or their 
 wages on account thereof, the Superintendent of Public Instruc- 
 tion may include the district in his apportionment of the State
 
 Teachers' Institutes. 22^ 
 
 school moneys, and direct tliat it l)o included by the school com- 
 missioner or commissioners in tlieir apportionment of scliool 
 moneys, provided always that such school district be in all other 
 respects entitled to be included in such apportionment. 
 
 § 6. The Treasurer shall pay, on the warrant of the Comptroller, 
 to the order of any one or more of the school commissioners, such 
 sum or sums of money as the Superintendent of Public Instruction 
 shall certify to be due to them for expenses in holding a teachers' 
 institute ; and, upon the like warrant and certificate, to the order 
 of any persons employed by the Superintendent to conduct and. 
 teach any teachers' institute, his reasonable compensation as certi- 
 fied by the Superintendent. 
 
 § 7. The school commissioner or commissioners, by whom any 
 teachers' institute shall be organized, shall transmit to the Super- 
 intendent of Public Instruction a catalogue of the names of all 
 persons who shall have attended such institute, with such other 
 statistical information, in such form and within such time aa 
 may be prescribed by said Superintendent. 
 
 The first law for the establishment of teachers' institutes was passed Novem- 
 ber 13, 1817. For several years previous, assemblies of teachers under this 
 name had been held in various parts of the State. The law was passed to aid 
 in testing what many deemed a doubtful experiment. The institute baa 
 become a useful part of the common school system. 
 
 It is now tlie duty of every school commissioner, alone, or in concert vdth 
 one or more commissioners of the same county, to organize an institute every 
 year, and to invite and urge the attendance of all teachers AAdthin liis or their 
 jurisdiction. 
 
 Probably the best mode of giving notice of the time and place of holding an 
 institute is by advertisement in the county papers, taking care to send by mail 
 a copy to each teacher. 
 
 The commissioners should also enter into a correspondence with the Superin- 
 tendent, that the institutes may be arranged as to time and place, so that 
 several appointments may not be made for the same daj's in the same month. 
 It is desirable that they should be distributed through the summer and autumn, 
 so that the s.ime instructors may be engaged for many of them. 
 
 The place appointed for holding an institute should be selected ■nith a view 
 to the convenience and pecuniary interests of the teachers. It should be a vil 
 lagc of such size as to aiford ample accommodations for all in board and 
 lodging. Its situation should be such as to be accessible by good roads. 
 
 The time and place being fixed, the Superintendent will co-operate by engag- 
 ing the best and most efficient conductors and teachers, who will attend as 
 many institutes as they can \'isit.
 
 228 Teachers' Institutes. 
 
 The bases of distribution mentioned in tlie third section, and special instruc- 
 tions, will be communicated every year in circulars to commissioners. 
 
 During the year, as occasion may offer, every commissioner should converse 
 ■with teachers, advising and urging them to attend the institute. He should 
 also consult with them about the organization and conduct of the institute. 
 .The commissioner should think of, mature and propose some plan for the 
 accomplishment of some object at every annual assembling. The whole field 
 of education cannot be cultivated at once. A week or ten days sliould not be 
 wasted in striving to do too much, but should be improved in doing one or two 
 things well. If there is a defect in the manner of teaching in his district, if 
 particular studies have been neglected, if errors have crept into the schools, he 
 should cause the institute to be so conducted as to cure these evils. In this 
 way he will accomplish results. The teachers will be conscious of improve- 
 ment. 
 
 An institute is meant to be a short training school. And the training should 
 be in those particulars in which there is the greatest deficiency. A club foot 
 by skillful surgery may be made straight and useful, a squint eye cured of its 
 obliquity, and a palsied limb be restored to motion and strength. The com- 
 missioners are therefore advised to direct their training to the surgery and cure 
 of special defects and evils. Let all have something to do. Let the work go 
 on briskly. Let there be no idle moments, and there will be no craving for 
 idle amusements. 
 
 Lectures should form only incidents in the proceedings. They should bo 
 short and appropriate to the matter in hand. Teachers attend an institute 
 not to hear an essay from a popular speaker on a favorite hobby, but to learn 
 how to teach children. 
 
 As an inducement to teachers to attend the institutes the trustees of school 
 districts, by the fifth section of the title, are authorized to pay them for tho 
 time passed in attendance, as if it was employed in teaching school ; and when 
 this fact appears in their annual reports, the Superintendent will not withhold 
 from the district its share in the apportionment of public moneys. The time 
 spent by a teacher at an institute is by this law made a fulfillment of his con- 
 tract to teach, and a part of the twenty-eight weeks during which school must 
 be kept. 
 
 It is optional, however, for the trustees to employ teachers under the fourth 
 section, by which the teacher can continue his school beyond the time limited 
 in his contract, as many days as he was absent at an institute. 
 
 To enable the commissioners to comply with the provisions of section seven, 
 the Su])erintcndcnt will supply them with forms for a register of attendance. 
 IIo will also annually give them instructions how to make up and render 
 their accounts, and furnish them with blanks for any statistical information 
 desired.
 
 Appeals. 229 
 
 TITLE XII. 
 
 OJf APPEALS TO THE SUPEKINTEXDEXT OF PUBLIC INSTKUCTION. 
 
 Section 1. Any person conceiving himself aggrieved in conse- 
 quence of any decision made : 
 
 1. By any school district meeting; 
 
 2. By any school commissioner or school commissioners and 
 other officers, in forming or altering, or refusing to form or alter, 
 any school district, or in refusing to apportion any school moneys 
 to any such district or part of a district; 
 
 3. By a supervisor in refusing to pay any such moneys to any 
 Buch district ; 
 
 4. By the trustees of any district in paying or refusing to pay 
 any teacher, or in refusing to admit any scholar gratuitously into 
 any school ; 
 
 5. By any trustees ol any school district library concerning such 
 library, or the books therein, or the use of such books; 
 
 6. By any district meeting in relation to the library ; 
 
 7. By any other official act or decision concerning any other 
 matter under this act, or any other act pertaining to common 
 schools, may appeal to the Superintendent of Public Instruction, 
 who is hereby authorized and required to examine and decide the 
 same ; and his decision shall be final and conclusive, and not sub- 
 ject to question or review in any place or court Avhatever. 
 
 § 2. The SujDcrintendent, in reference to such appeals, shall have 
 power : 
 
 1. To regulate the practice therein ; 
 
 2. To determine whether an appeal shall stay proceedings, and 
 prescribe conditions upon which it shall or shall not so operate ; 
 
 3. To decline to entertain, or to dismiss, an appeal, when it 
 shall appear that the appellant has no interest in the matter 
 appealed from, and that the matter is not a matter of public con- 
 cern, and that the person injuriously affected by the act or decision 
 appealed from is incompetent to appeal ; 
 
 4. To make all orders, by directing the levying of taxes or other- 
 wise, Avhich may, in his judgment, be proper or necessary to give 
 effect to his decision. 
 
 § 3. The Superintendent shall file, arrange in the order of time, 
 and keep in his office, so that they may be at all times accessible, 
 all the proceedings on every appeal to him under this title, includ-
 
 230 Appeals. 
 
 ing his decision and orders founded thereon ; and cojjies of all 
 Buch papers and proceedings, authenticated by him under his seal 
 of office, shall be evidence equally with the originals. 
 
 The right of appeal to the school department was first given in 1832. It has 
 since remained with tlie head of the department, except for the sliort period 
 from 1841 to 1847, during which appeals were in the first instance brought to 
 t'le county superintendents, from whose decisions an appeal could be brought 
 to the Superintendent. 
 
 The supreme court, in 3 Denio, 177, declare that " this provision was intended 
 as 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 organizing and 
 r.'gulating common schools. The Legislature has virtually declared that, where 
 a party will forego that convenient method of adjusting such a controversy as 
 the present, and resort to the ordinary courts, it shall be at his own expense as 
 regards costs." In 11 Wend , 91, the court made substantially the same remarks 
 when refusing to give relief by an action of trespass against trustees for their 
 proceedings in selling the plaintiff's property under a tax list and warrant 
 which were in more than one respect erroneous. A further reason for prefer- 
 ring the remedy by appeal to a common law action is, that the Superintendent 
 can dispose of all the questions connected with the case in a single decision ; 
 where a proceeding is wrong, he can not only reverse it, but direct the appro- 
 priate remedy, so as to redress all persons who have been inj urioush' affdcted ; 
 while an action at law inures only to the benefit of the person who brings it, 
 and only gives pecuniary damages, without substituting a correct proceeding 
 ia the place of an erroneous one. 
 
 No person can sustain an appeal unless he is aggrieved, that is, injured in 
 his rights by the act or decision of which he complains. Generally, every 
 inhabitant of a district is aggrieved by the wrongful act or omission of a trus- 
 tee or sciiool commissioner, by which money or property is disposed of, or not 
 secured for the benefit of the district. But no one is aggrieved by another 
 being included in a tax list, although other inhabitants are by the omission 
 of one who should be taxed ; and appeals may be made by trustees in behalf of 
 tlieir district whenever they are aggrieved. 
 
 Before giving the rules wliich have been made to regulate tlie practice upon 
 appeals, it is proper to call attention to some general ])rincii)les in relation to 
 the mode of drawing them up. In the first place, the department wants facts, 
 and not arguments, far less injurious imputations upon the motives of parties. 
 The facts should be distinctly averred, bo that an indictment for perjury would 
 lie if they are willfully misstated. Therefore, they should not be stated by way 
 of recital under a " whereas," or in any similar indirect way. Every material 
 fact should be stated with all practicable particularity as to time, quantities, 
 numbers, etc. Where a statement is ambiguous or doubtful in meaning, that 
 construction is adopted which is most unfavorable to the party making it. The 
 appellant should make out his own case; so that if no answer is put in, the
 
 Appeals. 231 
 
 Superintendent will have, in the appeal itself, all tlie facts to inform him what 
 order ought to be made. No decision can be based upon any facts except those 
 which are stated in the appeal, and which the opposite party has had the 
 opportunity to controvert, although such facts may have been brought to the 
 knowledge of the Superintendent in some other way. The record itself must 
 contain enough to support tlie decision. 
 
 In tlie bringing and answering of appeals, it is recommended that the papers 
 be written upon foolscap, ruled as paper is ruled for legal pleadings. Such 
 paper is kept by all stationers and booksellers, and is known as law-paper or 
 legal cap. The several sheets should be written, as lawyers vrcite their papers, 
 on both sides, so that the bottom of the first page is the top of the second, and 
 the sheets are fastened with tape, or attached by paste, at the ends, and not 
 at the sides. ^Manuscript arranged in this fashion is more easily handled, 
 folded and filed. They should be smoothly folded, and indor.sed vt-itli the title 
 of the case, briefly stating the substance of the appeal or answer, with the name 
 of the parties, and the district, town and county atfected. The party sending 
 an appeal or answer should also indorse on the papers liis post-office addi-ess. 
 
 LETTERS OF IXQnRY AND EX PAItTE APPLICATIONS. 
 
 Perhaps the most onerous duty of the Superintendent of Public Instruction 
 is one which is not mentioned in the statutes. It is that of replying to appli- 
 cations for advice respecting the construction of the school laws, and the 
 legality of proceedings of district meetings, of trustees, and other school 
 officers. The eflfort has been made to give in this volume a full exposition, 
 under the appropriate section, of the questions which have been found, by the 
 experience of the department, to embarrass officers in the discharge of their 
 duties. If, however, after examination of the instructions herein contained, it 
 is conceived necessary to apply to the department for further information, it 
 must be borne in mind : 
 
 1. That no decision can be made on any subject affecting in any manner the 
 rights or interests of other parties, without both sides having been heard or 
 having been invited to present their statements. This occurs only when an 
 appeal is regularly brought in the mode prescribed by the regulations, or 
 where all parties have signed, and united in transmitting, a statement of facts 
 to which they agree ; 
 
 2. That an opinion, given under any other circumstances, must be regarded 
 as valid only so far as the statement on which it is founded represents fairly 
 and fully all the facts pertinent to the case. It frequently happens that two 
 parties, applying for advice upon the same question, state the facts so differently 
 that they receive very dissimilar replies, and are thus confirmed in their differ- 
 ence of opinion, instead of being reconciled. No opinion should he asked upon 
 an abstract question or a hypothetical case ; but the actual facts out of which 
 thi! question arises should be clearly and briefly stated, with all practicable 
 certainty as to dates and number, and in such a manner as to indicate the 
 object of the inquiry. The last is advisable, because a proceeding may ba
 
 232 Appeals. 
 
 legally good and sufficient for some purposes, and as against some persons, 
 while it is invalid for other purposes and against other parties. The facts should 
 be stated in contradistinction tg) mere evidence on the one hand, and to the 
 writer's inferences as to the effect of those facts, on the other. 
 
 To facilitate the business of the department, and the prompt and correct 
 transmission of answers to its correspondents, it is desirable that all letters 
 should be written on foolscap paper, with a clear margin of one inch on the 
 left hand edge of the page. They should always specify the number of 
 the school district, together with the name of the town or towns of which it 
 constitutes a part, and the county in which the latter are situated. The writer 
 should, in all cases, no matter how frequently he may write, state at what 
 post-office he desires to be addressed. 
 
 Whenever reference may be necessary to any pre^aous letter from the depart- 
 ment, its date should be given. This enables the department to ascertain at once 
 its contents and those of the paper to wliich it was a reply. 
 
 Every application for the exercise of any legal power of the department, as 
 for special permission to be included in the apportionment of public money, 
 etc., must be supported by an affidavit stating the facts on which it is based. 
 When any person is interested in opposing it, the application must be accom- 
 panied with proof of service of a copy thereof on such party, in the same 
 manner as required upon appeals. 
 
 RULES RESPECTING APPEALS. 
 
 t. An appeal mu.st be in writing, addressed "To the Superintendent of Pub 
 lie Instruction," and signed by the appellant. 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. 
 
 2. A copy of the appeal, and of all the statements, maps and papers intended 
 to be presented in support of it, with the affidavit in verification of the same, 
 must be served on the 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 pro- 
 ceeding appealed from. Immediately after the service of such copy, the 
 original, together with an affidavit proving the service of a copy thereof, and 
 stating the time and manner of the service and the name and official character 
 of the person upon whom such service was made, must be transmitted to the 
 Department of Public Instruction, at Albany. If an answer is received to an 
 appeal which has not been transmitted to the department, such appeal will bo 
 dismissed. 
 
 3. Such service must bo made and tlie original sent to the department withia 
 thirty days after the making of the decision or the performance of the act com- 
 ])lained of, or within that time after the knowledge of the cause of complaint 
 came to the appellant, or some satisfactory excuse must be rendered, in the 
 appeal, for the delay.
 
 Appeals. 233 
 
 4. 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 wth the appellant, or by a separate answer. Such statement and 
 answer must be signed by all the trustees or other officers whose act, omission 
 or decision is appealed from, or a good reason on oath must be given for the 
 omission of the signature of any of them. Such answer must be verified by 
 oath, and a copy served on the appellants or some one of them. 
 
 5. 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 verified by oath. 
 
 6. All oaths required by these regulations may be taken before any person 
 authorized to take the acknowledgment of deeds, or to take affidavits. 
 
 7. A copy of the answer, and of all the statements, maps and papers intended 
 to be presented in sapport 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 fur- 
 ther time be given by the State Superintendent, on application, in special 
 cases ; but no replication or rejoinder shall be allowed, except by permission of 
 the State Superintendent ; in which case such replication and rejoinder shall 
 be duly verified by oath, and copies thereof served on the opposite party. 
 
 8. Proof 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, accom- 
 pany the same. 
 
 9. When any proceeding of a district meeting is appealed from, and when 
 the inhabitants of a district generally are interested in the matter of the appeal, 
 and in all cases where an inhabitant might be an appellant had the decision or 
 proceeding been the opposite of that which was made or had, any one or more 
 of such inhabitants may answer the appeal, with or without the trustees. 
 
 10. Where the appeal has relation to the alteration or formation of a school 
 district, it must be accompanied by a map, exhibiting the site of the school- 
 house, the roads, the old and new lines of districts, the different lots, tho 
 particular location and distance from the school-houses of the persons aggrieved, 
 and tlieir relative 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, showing in separate columns the valuation of their 
 property, taken from the last assessment roll, and the number of children 
 between five and twenty-one belonging to each person, distinguishing the 
 districts to whicli tliey respectively belong. 
 
 11. An a])peal of itself no longer stays proceedings. If the party desires such 
 stay, he sliould ask for it. The Superintendent will grant a stay, or not, as in 
 his judgment it may be proper, or may subserve the interests of either party, or 
 the public. 
 
 12. The decision of the Superintendent in every case will contain the order, 
 or directions, necessary and proper for giving effect to his decisions.
 
 .234- Miscellaneous Pkovisions. 
 
 TITLE XIII. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section 1. Whenever the share of school moneys, or any por- 
 tion tliereof, apportioned to any town, school district or separate 
 neighborhood, or any money to which a town, school district or 
 Beparate neighborhood would have been entitled, shall be lost, in 
 consequence of any willful neglect of official duty by any school 
 commissioner, town clerk, trustees or clerks of school districts, the 
 officer or officers guilty of such neglect shall forfeit to the town, 
 school district or separate neighborhood so losing the same, the 
 full amount of such loss, with interest thereon. 
 
 § 2. Where any penalty for the benefit of a school district, or of 
 the schools of any school district, town, school commissioner dis- 
 trict or county, shall be incurred, and the officer or officers whose 
 duty it is by law to sue for the same shall willfully and unreasona- 
 bly refuse or neglect to sue for the same, such officer or officers 
 shall forfeit the amount of such penalty to the same use, and it 
 Bhall be the duty of their successor or successors in office to sue 
 for the same. 
 
 Whenever any penalty or forfeitui-e is declared to be for the benefit of a dis- 
 trict, it is the duty of the trustees to sue for and enforce its collection. 
 
 Whenever any penalty or forfeiture is declared to be for the benefit of a 
 town, it is the duty of the supervisor to prosecute. 
 
 Trustees may prosecute their predecessors in ofiace for money embezzled or 
 unlawfully used or withheld. 
 
 Trustees may prosecute collectors and their bail for moneys lost to the dis- 
 trict by the neglect of the collectors, or which are embezzled by them. 
 ■ Supervisors may prosecute their predecessors in office for penalties and for- 
 fcitures incurred by them, and for moneys embezzled or unlawfully used or 
 •withheld. 
 
 Trustees may prosecute district clerks, and supervisors town clerks, for money 
 lost by their willful neglect of duty. 
 
 A public officer is bound to give to his official duties the same care and atten- 
 tion that a prudent man would give to his private business. 
 
 An officer who comes short of this is guilty of a willful neglect of duty. 
 
 § 3. Any person who shall willfully distui'b, interrupt, or dis- 
 quiet any district school or school meeting in session, or any jier- 
 Bons assembled, with the permission of the trustees of the district, 
 in any district school-house, for the purpose of giving or receiving
 
 MlSCELLAXKOUS PkOYISIONS. 235 
 
 instruction in any branch of education or learning:;, or in the science 
 or practice of music, shall forfeit twenty-live dollars for the benefit 
 of the school district. 
 
 § 4. It shall be the duty of the trustees of the district, or the 
 teacher of the school, and he shall have power, to enter a complaint 
 against such otfender before any justice of the peace of the county, 
 or the mayor or any alderman, recorder or other magistrate of the 
 city wherein the oftense was committed. The magistrate, or other 
 oflicer before whom the complaint is made, shall thereupon, by his 
 Avarrant, directed to any constable or person, cause the person 
 complained of to be arrested and brought before him for trial. If 
 such person, on the charge being stated to him, shall plead guilty, 
 the magistrate shall convict him ; and, if he demands a trial by the 
 magistrate, shall summarily try him ; and, if he demands a trial 
 by jury, the magistrate shall issue a venire, and impannel a jury 
 for his ti-ial, and he shall be tried in the same manner as in a court 
 of special sessions. 
 
 § 5. If any person convicted of the said oftense do not immedi- 
 ately pay the penalty, with tlie costs of the prosecution, or give 
 security to the satisfaction of the magistrate for the payment 
 thereof within twenty days, the magistrate or other oflicer shall 
 commit him to the common jail of the county, there to be im- 
 prisoned until the jjcnalty and costs be paid, but not exceeding 
 thirty days. 
 
 The three preceding sections are a siilistitute for tlie act of 1845 forbidding 
 the disturbance of evening: schools. The provisions of the sections of the 
 present law are plain and unmistakable. Every person who \-iolates them 
 forfeits twenty-five dollars. 
 
 It is suggested that when the school-house is used for any other purpose 
 than a district school, it would be proper to obtain the written permission of the 
 trustees, as a safeguard against misunderstanding and forgetfulness. 
 
 § 6. In any action against a school oflicer or oflicers, including 
 supervisors of towns, in respect of their duties and powers under 
 this act, for any act performed by virtue of or under color of their 
 ofiices, 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 that it appeared on the trial 
 that the defendants acted in good faith. But this provision shall
 
 2a6 Miscellaneous Provisions. 
 
 not extend to suits for penalties, nor to suits or pi'oceedings to 
 enforce the decisions of the Superintendent. 
 
 The term " action " in this section signifies a suit brought in any of the 
 courts of this State. The denial of costs was intended to discourage the prose- 
 cution of school officers in the courts, and to encourage the bringing of all dis- 
 putes and controversies relating to the administration of the schools to the 
 Department of Public Instruction. 
 
 § 7. Whenever the trustees, or any school district officer, shall 
 have been instructed, by a resolution of the district meeting, to 
 bring or defend an action or proceeding touching any district 
 property or claim of the district, or involving its rights or inter- 
 ests, or to continue such action or defense, all their costs and 
 reasonable expenses, as well as all costs and damages adjudged 
 against them, shall be a district charge, and shall be levied by tax. 
 If the amount claimed by them be disputed by a district meeting, 
 it shall be adjusted by the county judge of any county in which 
 the district or any part of it is situate. 
 
 § 8. Whenever such trustees or any school district officer shall 
 have brought or defended any such action or proceeding, without 
 any such resolution of the district meeting, and after the final 
 determination of such suit or proceeding shall j^resent to any 
 regular meeting of the inhabitants of the district an account in 
 writing of all costs, charges and expenses paid by him or them, 
 with the items thereof, arid verified by his or their oath or affirma- 
 tion, and a majority of the voters at such meeting shall so direct, 
 it shall be the duty of the trustees to cause the same to be assessed 
 upon and collected of the taxable property of said district, in the 
 same manner as other taxes are by law assessed and collected ; 
 and, when so collected, the same shall be paid over, by an order 
 upon the collector, to the ofticer or officers entitled to receive the 
 same ; but this provision shall not extend to suits for penalties, 
 nor to suits or proceedings to enforce the decisions of the Super- 
 intendent of Public Instruction. 
 
 § 9. WhencA'er any officer or officers mentioned in the last pre- 
 ceding section of this act shall have complied with the provisions 
 of said section, and the inljHfcants shall have refused to direct the 
 trustees to levy a tax for ^H|payment of the costs, charges and 
 expenses therein mention^ it shall be lawful for him or them 
 then and there to give notice, orally and publicly, that he will
 
 Miscellaneous Provisions. 237 
 
 appeal to the county judge of the county in which the school- 
 house of said district is located, from the refusal of said meeting 
 to vote a tax for the payment of said claim, and the inhabitants 
 may then and there, or at any subsequent district meeting, 
 appoint one or more of the inhabitants of the district to protect 
 tlie riglits and interests of tlie district upon said appeal. And the 
 officer or officers before mentioned shall, thereupon, Avithin ten 
 days, serve upon the clerk of said district (or, if there be no such 
 clerk, upon the town clerk of the town) a copy of the aforesaid 
 account so sworn to, together with a notice in Avriting, that on a 
 certain day therein specified he or they intend to present such 
 account to the county judge for settlement. And the clerk shall 
 record such notice, together with the copy of the account, and the 
 same shall be subject to the inspection of the inhabitants of the 
 district. And it shall be the duty of the person or persons 
 appointed by any district meeting for that purpose, to appear 
 before the county judge on the day mentioned in the notice afore- 
 said, and to protect tlie rights of the district upon such settle- 
 ment ; and the expenses incurred by them in the performance of 
 this duty sliall be a charge upon said district, and the trustees, 
 upon presentation of the account of such expenses, with the proper 
 vouchers therefor, may levy a tax therefor, or add the same to any 
 other tax to be levied by them ; and their refusal to levy such tax 
 for the payment of such expenses shall be subject to an appeal to 
 the Superintendent of Public Instruction. 
 
 § 1 0. Upon the appearance of the parties, or upon due proof of 
 service of the notice and copy of the account, the county judge shall 
 examine into the matter, and hear the proofs and allegations pro- 
 pounded by tlie parties, and decide by order whether or no the 
 account, or any and what portion thereof, ought justly to be 
 charged upon the district, and his decision shall be final ; but no 
 portion of such account sliall be so ordered to be paid which shall 
 appear to the county judge to have arisen from the willful neglect 
 or misconduct of the claimant. The account, with the oath of the 
 party claiming the same, shall he prima facie evidence of the cor- 
 rectness thereof The county judge may adjourn the bearing 
 from time to time, as justice shall seem to require. 
 
 § 1 1. 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,
 
 238 Miscellaneous Peovisions. 
 
 or upon the district clerk and notice ther6of to them or any two 
 of tliem, to cause the same to be entered at length in the book of 
 records of said district, and to raise the amount thereby directed 
 to be i)aid, by a tax upon the district, to be by them assessed and 
 levied in the same manner as a tax voted by the district. 
 
 Tlie above five sections liave been substituted for the law which referred 
 Bucli claims for adjudication and settlement to the board of supervisors. 
 
 By subdivision 14 of section 16 of title 7 of this act, the people of a district 
 may vote a tax "to pay the reasonable expenses incurred by district officers in 
 defending suits, or appeals brous-ht against them for their ofHcial acts, or in 
 prosecuting suits or appeals by direction of the district against other i)arties." 
 
 It will be noticed that by sections six and eight, in suits for penalties, or to 
 compel obedience to the decisions of the Superintendent, the provisions of 
 this title in respect to costs are not applicable. 
 
 § 1 2. For the support of the Indian scliools, already established 
 and which may be established under authority of chapter seventy- 
 one of the Laws of eighteen hundred and fifty-six, the Superintend- 
 ent of Public Instruction, in his annual general apportionment of 
 the State school moneys appropriated for the sup[)ort of common 
 schools, shall make an equitable apportionment, as provided by 
 section six of title three of this act; and the moneys which shall 
 be thus a})portioned, and those which have been apportioned for 
 their support under authority of section four, chapter seventy-one 
 of the Laws of eighteen hundred and tifty-six, shall be paid out 
 of the treasury for expenditures authorized by law and actually 
 incurred in support of such S('hools, upon the warrant of the Super- 
 intendent, countersigned by the Comptroller. 
 
 The following is a copy of chapter 71, Laws of 185G : 
 
 AN ACT to facilitate education and civilization among the Indians in this 
 State. 
 
 Passed April 1, 1S5G; three-fifths bein;; present. 
 
 The People of the State of Xi'w York, represtnled in Senate and Assemhlij, do enact 
 as Jolloius : 
 
 § 1. The Supcrintondent of Public Instruction shall bo charged with pro- 
 viding the means of education for all tlie Indian children in tlie State. Ho 
 Bhall caus(^ to be ascertained the condition of tlic various bands in the State, 
 in rcsjioct to education; he shall establish schools in such ]ilaces and of such 
 character and description as he sliall docm mK'essary : he shall einidoy super- 
 intendents for such schools, and shall, with the concurrence of the Comjjtroller 
 and Si'cn.'tary of State, cause to be erected, where necessary, convenient build- 
 ings for their accommodation.
 
 Miscellaneous Provisions. 239 
 
 § 2. In the discharj^e of the duties imposed by this act, the said Superintend- 
 ent shall endeavor to secure the co-operation of all the several bands of Indians, 
 and for this purpose shall visit, bv lumsplf or his authorized afrent, all tlio 
 reservations where they reside, lay the matter before them in pul)lic assembly, 
 invitinj? them to assist either by appropriatintr their ]iublic moneys to this 
 object, or by settinjj ajjart lands and erecting- suitable buildings, or by fur- 
 nishing labor or materials for such buildings, or in any other way which ho 
 or they may suggest as most effectual for the ])romotion of this obji3ct. 
 
 § 3. In any contract which may be entered into with the said Indians for tho 
 use or occupancy of any land for school grounds, sites or buildings, care shall 
 be taken to protect the title of the Indians to their lands, and to reserve to the 
 State the right to remove or otherwise dispose of all improvements made at 
 the exjienso of the State. 
 
 § 4. Tlie Indian children in the State, between the ages of four and twenty- 
 one years, shall be entitled to draw public money the same as white children. 
 The Superintendent shall cause an annual enumeration of said Indian children 
 to be made, and shall see that the public money to which they arc ratably 
 entitled is devoted exclusively to their education. 
 
 § 5. To carry into effect the provisions of this act, the sum of five thousand 
 dollars is hereby ai)propriated out of the surplus income of the United States 
 deposit fund, to be paid by the Treasurer, on the warrant of the Compti"oller, 
 from time to time, to the order of the Superintendent of Public Instruction. 
 
 § G. The Superintendent shall take and file in his office vouchers and 
 receipts for all the expenditures made under this act, subject to the inspection 
 of the joint committee to examine the accounts of the Auditor and Treasurer, 
 and shall annually report to the Legislature all his doings by virtue of tho 
 authority vested in him ; and for this purpose said Superintendent may require 
 full and detailed reports, in such form as he may j)rescribe, from those having 
 the iumiediate supervision of any Indian schools in this State. 
 
 § 13. The SupcM'intendcnt of Public Instruction, so soon as niny 
 be after the puss:ige of this act, sliall prepare .and cause to be 
 printed, and distribute among tlie scliools of tlie State, to eacli 
 one copy, an edition of this statute, with brief annotations embody- 
 ing such of the decisions of tlie courts of the State, and of tho 
 Superintendents of Common Schools and the Superintendents of 
 Public Instruction as are apj)licable thereto, and such comments, 
 explanations and instructions as he shall deem necessary or expe- 
 dient ; and the same sliall be deposited with the district clerk, and 
 kept by him for the use of the inhabitants. 
 
 § 14. All provisions of law repugnant to or inconsistent with 
 the provisions of this act are hereby repealed, saving always all 
 rights of action vested under such prior provisions, and proceed- 
 ings commenced for the assertion thereof; but nothing hei'ein con- 
 tained, unless it be so ex])ressed, shall be construed, unless by 
 inevitable implication, to revive any act or portion of an act liere- 
 tofore repealed, nor to impair or in any manner affect or change 
 any special law touching tlie schools or school system of any city 
 or incorporated village of the State.
 
 uo 
 
 Miscellaneous Provisions. 
 
 Tlie amendments adopted by chapter 406, Laws of 18G7, of the general school 
 law, passed in 1864 and amended in 1866, have thus far, section by section, 
 been incorporated in the Code. 
 
 The twenty-fifth section of chapter 406, Laws of 1867, is as follows : 
 
 " ^ 25. Ifiis act shall take effect on the first day of October, eighteen hun- 
 dred and sixty-seven. The State tax of one and one-fourth mills upon the 
 dollar shall be imposed for the fiscal year commencing the first day of October, 
 eighteen hundred and sixty-seven, and shall be assessed, raised, levied and col- 
 lected in the manner prescribed by law." 
 
 The twenty-sixth section is in the following words ; 
 
 " § 26. Hereafter all moneys, now authorized by any special acts to be col- 
 lected by rate bill for the payment of teachers' wages, shall be collected by 
 tax and not by rate bill." 
 
 This is the most important section contained in any school act since 1814, 
 when the rate bill was devised and incorporated into the law as a mode of col- 
 lecting the deficiency in the payment of teachers' wages after the application 
 of the public money. 
 
 The rate bill is that feature of our common school system which has been 
 most prolific of dispute and controversy ; which has imposed the heaviest and 
 most perplexing duties upon the trustees ; which has been burdensome and 
 odious to the poor; which has imposed an unequal and unjust tax upon the 
 families more blessed in their children than in their basket and store, and 
 which has been the great cause of irregular attendance and absenteeism. Tho 
 following table exhibits the sums levied annually by rate bill since the year 
 1838 : 
 
 Year. 
 
 Amount. 
 
 Year. 
 
 Amount. 
 
 Year. 
 
 Amount. 
 
 1828 
 
 $297,048 49 
 34(!,,S07 20 
 374,001 ,54 
 358,320 17 
 .369,696 36 
 398,137 04 
 419,.S7S 69 
 425,(M3 (il 
 4.36,346 46 
 477,875 27 
 521.477 49 
 476,4-«3 27 
 475,000 00 
 468,688 22 
 
 1842, 
 
 $509,376 97 
 447,.565 97 
 4,58,127 78 
 4(i0.764 78 
 462,840 74 
 4()6,(i74 85 
 489,696 63 
 508,724 56 
 1.36,949 .59 
 221,971 71 
 .30.'^,,S51 30 
 .331). 190 93 
 382,359 08 
 461,770 13 
 
 1856 
 
 18.57, 
 
 18,58 (9 months), ... 
 1858-59, 
 
 $427,956 07 
 390,515 50 
 318,353 41 
 414,062 72 
 420,257 98 
 397,215 87 
 407,009 57 
 363,741 05 
 429,892 52 
 6.55,158 78 
 709,025 36 
 743,047 73 
 
 lSi9, 
 
 18.30, 
 
 18.31 
 
 ia32, 
 
 1843, 
 
 1844, 
 
 1845 
 
 1846, 
 
 1847 
 
 1S4.S 
 
 1849 
 
 ia59-60 
 
 183.3 
 
 18.34,... ... 
 
 ]a35, 
 
 1860-61, 
 
 1861-62 
 
 1862-63 
 
 1.S63-64, 
 
 1,864-6,5 
 
 1836 
 
 1850 
 
 1.S51, 
 
 1.S.52, 
 
 18.37, 
 
 18.3S, 
 
 1839 
 
 1840, 
 
 1841 
 
 1865-<ji), ... 
 
 1866-67 
 
 18.5.3, 
 
 18.54, 
 
 1855 
 
 
 Total, 
 
 $17,170,474 39 
 
 
 The average sum yearly collected by rate bill for the forty-one years included 
 in the table is $429,261.86. 
 
 For the fourteen years prior to 1828, it is probable that the amount collected 
 by rate bill was $2.10,000 a year. The aggregate will be, therefore, increased 
 to $20,670,474.39, for fifty-five years, and the yearly average will be $382,- 
 971.74.
 
 Miscellaneous Provisions. 241 
 
 k will be observed that the sum raised by rate bill has uniformly e\ceeded, 
 and generally quadrupled, the amount distributed from the income of the com- 
 mon school fund. It has as regularly exceeded the whole public money appor- 
 tioned from the school fund, and the United States deposit fund, added to the 
 county and town taxes, until the imposition of the State tax in 1^51. The 
 years to be excci)ted from these statements are 1850-1-2, the years of the free 
 school controversy. The rate bill has been the special tax upon the patrons of 
 the common schools. It may j ustly be styled a tax upon knowledge. The pres- 
 ent law has merely transferred this burden from the fathers of families to the 
 taxable property of the whole State. 
 
 The rate bill having been abolished, the common schools will hereafter be 
 supported from the following sources : 
 
 1. The income of the common school fund ; 
 
 2. The amount that the Legislature may annually set apart from the income 
 of the United States deposit fund ; 
 
 3. The general State tax ; 
 
 4. District, village and city taxation ; 
 
 5. The income of local funds. 
 
 (1.) The revenue of the common school fund is about $170,000 a year. The 
 distribution from it is at present $155,000 yearly. 
 
 (2.) The appropriation from the income of the United States deposit fund is 
 $105,000 annually ; but it depends upon the Legislature, which may, at any 
 time, divert the income to some other object. 
 
 (3.) The main dependence of the schools, so far as relates to the payment of 
 teachers' wages, must be upon the State tax, which, being now fixed at one 
 and a (piarter mills upon each dollar of valuation, will probably yield about 
 two millions of dollars a year. The income of the two funds is about ■ one- 
 fifteenth of the sum annually needed to pay teachers. 
 
 (4.) District, village and city taxation is voluntary, and the amount raised 
 annually varies with the exigencies of the year. The purchase of sites, the 
 building of school-houses, and the furnishing of them with seats, desks, chairs, 
 stoves, fuel and apparatus are all done by local taxation. No money has ever 
 been appropriated for these objects from the income of the State funds, or the 
 avails of the State tax. 
 
 (5.) The income of local funds, chiefly gospel and school lands, was for the 
 year 18G7 $26,009.24. It does not vary much from year to year. 
 
 Section 26 repeals all the provisions in special acts passed for cities and vil- 
 lages, and all local acts authorizing the collection of any money by rate bill. 
 The schools must be free. Education in the State is gratuitous. There are to 
 be henceforward no rate bills and no tuition bills, except the fees charged by 
 trustees to non-resident pupils, and pupils under five and over twenty- 
 one years of age, and which they may require to be prepaid. The only 
 moneys heretofore " authorized by special acts to be collected by rate 
 bill for the pajTnent of teachers' wages," were the amounts due to teachers, 
 after they had received the share apportioned to the district from the public 
 moneys. After applying the public moneys, so far as they will go, to the pay- 
 31
 
 242 MiscELLAiS^EOus Provisions. 
 
 ment of teacliers' wages, tlie trustees will, hereafter, collect tlie residue hy a 
 district tax. 
 
 Tlie inhabitants of a district, in the first instance, are authorized, at any 
 meeting duly assembled, to vote the sums necessary for this purpose. In the 
 absence of such vote, or on the refusal to pass such vote, the trustees are 
 required to levy and collect the amount due the teacher by a district tax. 
 
 The twenty-seventh section of chapter 406, Laws of 18G7, is as follows : 
 
 " g 27. Nothing in this act contained shall be construed to aiithorize the 
 common council of any city to increase the local city tax for the support of the 
 schools therein, beyond the amounts they are now authorized by law to raise 
 for local school purposes, and such local tax shall be reduced in such city by 
 an amount equal to the amount it shall receive by the additional tax author- 
 ized by this act, for the support of schools, in the State generally." 
 
 The laws establishing schools in the cities, generally, if not in every 
 case, limit the amount to be raised by tax in each year for their support. 
 As the cities will receive their share of the common school and United States 
 deposit funds, and their share of the increased State tax, the object of this sec- 
 tion seems to be to reduce the local taxation of the city for the support of 
 schools in a sum equal to the diiference between what would have been the 
 city's share of a State tax of three-fourths of a mill on the dollar of valuation, 
 and its share of a tax of one and one-fourth of a mill on the dollar.
 
 GENERAL LAWS RELATING TO SCHOOLS 
 
 KOT IXCLUDED IN THE CODE. 
 
 CHAP. 800. 
 
 AN ACT to provide for the Appraisal of, and acquiring Title to 
 Lands taken for or in addition to Sites for District School- 
 Houses. 
 
 Passed April 25, 1866 ; three-fiftlis being present. 
 
 The People of the State of JVeio York, represented in Senate aiid 
 Assembly, do enact as follows : 
 
 Sectiox 1 . Land for the site of a district school-house, or addi- 
 tional land adjoining to and for the enlargement of an established 
 bite, not exceeding one acre, may be acquired in cases where the 
 owner or owners thereof, or some of them, shall not consent to sell 
 the same for such purpose, or the trustee or trustees of the district 
 cannot agree with such owner or owners, or some of them, i;pon 
 the price or value thereof, as follows : 
 
 A petition shall be prepared for presentation to the county court 
 of the county in which the land is situated, at some regular term 
 thereof, signed by the trustee or trustees of the district, or a major- 
 ity of them, setting forth that the inhabitants of the district have 
 designated or desii'e to obtain the land for the site of a district 
 school-house, or in addition to and for the enlargement of that 
 already established as such site, describing such land by its locality 
 and by particular metes and bounds, stating tlie quantity thereof 
 as nearly as may be, with the name or names, and place or places 
 of residence of the owner or owners, and that the consent of such 
 owner or owners, or some of them, to sell such land for said pur- 
 pose, cannot be obtained, or that the trustee or trustees cannot 
 agree with him or them, or some of them, upon a reasonable price 
 therefor, and praying for the appointment of commissioners to 
 appraise the san;c. 
 
 Said petition shall be filed in the office of the county clerk of 
 the county in which the land is situated, and at the time of filing
 
 244 Sites for District School-Houses. 
 
 thereof, or at any time afterward, the petitioners may cause a 
 notice of the pendency of the proceeding to be iiled in said office, 
 which notice the county clerk shall file and record in the same 
 manner that similar notices in actions in the supreme court are 
 required to be filed and recorded; which notice shall state the 
 object of the proceeding, and contain a description of the land and 
 the names of the parties atfected thereby. And all persons who 
 shall acquire, in whatsoever Avay, any title to, interest in, lien or 
 incumbrance upon, said land, after the filing of the notice of the 
 pendency of the proceedings as aforesaid, shall be bound and 
 aifected by said proceedings in the same manner and to the same 
 extent as if they had been named in the petition as parties thereto ; 
 and said persons shall also be bound in the same manner and to 
 the same extent, by notice of the existence of said proceeding, 
 whether notice of the pendency thereof has been filed or not. The 
 petitioners may appear and prosecute such proceedings by an 
 attorney. 
 
 A copy of said petition, with a notice thereto annexed of the time 
 and place when and where the same will be presented to said 
 county court, addressed to the owner or owners of the required 
 lands, shall be served in all cases, except as hereinafter allowed, as 
 follows : Upon eacli person to whom the notice is addressed, who ' 
 resides in the county in which the land is situated, by delivering 
 to each such person, or, in case of his absence, by leaving at liia 
 dwelling-house or usual place of abode or business, such copy and 
 notice, at least thirty days before the day specified in the notice 
 for the presentation of the petition. Upon each such person who 
 shall reside out of such county, by depositing such copy and 
 notice in one of the post-ofliices nearest to said land, directed to 
 such person at liis reputed place of residence, and jjaying the 
 proper postage thereon, at least forty days before the day specified 
 in the notice for the jiresentation of the petition, if such place of 
 residence be within this State, and at least sixty days before that 
 day if such place of residence be out of this State, except that if 
 Bucli place of residence be in the upper j)eninsula of Michigan, or 
 in any State or territory of the United States west of the Mis- 
 Bis8ip]>i river, except the States of Iowa, Missouri, Arkansas and 
 Louisiana, or any place out of the jurisdiction of the United States, 
 then at least four months before such specified day of presentation.
 
 Sites for District School-Houses. 245 
 
 If any such owner or owners shall resifle out of the State, and 
 Bhall have an agent or attorney residing therein, authorized to 
 convey or contract for the sale of his or their interest in said lands, 
 who sliall not consent, or with whom the trustee or trustees can- 
 not agree as aforesaid, then and in that case the service of the 
 copy of petition and of notice aforesaid may be made upon such 
 agent or attorney instead of upon such owner or owners, either 
 personally or by depositing the same in a post-office as aforesaid, 
 directed to such agent or attorney at his place of residence, and 
 paying postage as aforesaid, the same number of days or months 
 before the said specified day for the presentation of the petition, 
 as if the service were upon such owner or owners, as hereinbefore 
 required. If any such owner shall be an infant under the age of 
 twenty-one years, such service shall be made on his general guard- 
 ian ; if there be no such guardian, on the infant, if over fourteen 
 years of age, and if under that age, on the person with whom such 
 infant shall reside, in each case in the same mode, and the same 
 number of days or months before the specified day for the presen- 
 tation of the petition, as if the service were upon an adult owner, 
 according to the place of residence of such guardian, infant, or 
 person with whom sueh infant resides, upon whom service is made. 
 If anv such owner shall be an idiot, or of unsound mind, service 
 shall be made upon the committee of his person or estate; or, if 
 there be no such committee, then upon the person who shall have 
 the care of such idiot or person of unsound mind, in the same 
 mode and the same number of days before presentation of the 
 petition as in other cases. In all other cases service of copies of 
 the petition, of notices, appointments of guardians or committees, 
 orders or other papers in the proceedings under this act, or in con- 
 nection therewith, shall be made as the court in which the pro- 
 ceedings are had shall direct. (As amended hy chapter 819, Laws 
 of 1 867, page 206 Y, volume 2.) 
 
 § 2. On presenting such petition to the county court aforesaid, 
 on the day specified for its presentation as aforesaid, with proof 
 of service of a copy or copies thereof and notice, and of other 
 papers as hereinbefore required, all persons whose estate or inter- 
 est are to be affected by the proposed proceedings, relative to the 
 land described in the petition, may apjiear in person or by attor- 
 nev, or other proper representative, before the said court, and
 
 246 Sites for District School-Hofses, 
 
 show cause against graiting the prayer of the petitioners. The 
 said court shall hear the proofs and allegations of the parties, and 
 if no sufficient cause be shown against granting the prayer of the 
 petitioners, shall make an order appointing three disinterested 
 and suitable persons, residing in the same county, neitlier of'whora 
 shall be an inhabitant of the school district named in the petition, 
 or interested in any taxable property therein, or who shall be 
 within two degrees of relationsliip, by blood or marriage, to any 
 owner of such taxable property, or to any owner of the land 
 described in such petition, as commissioners to appraise the said 
 land and to award the compensation to be made to the owner or 
 owners thereof for the same, for the purposes specified in said 
 petition; and the said court shall specify and appoint in such 
 order the time and place Avithin said school district for the first 
 meeting of said commissioners, and also the time and place when 
 and where said county oourt will receive the report of said com- 
 missioners of their proceedings and award in the premises, for 
 confirmation. 
 
 § 3. The said commissioners, before entering upon their duties, 
 shall be sworn before some officer authorized to administer oaths, 
 that they will fairly and impartially view the land in question, 
 hear the proofs and allegations of the parties interested, and make 
 a just and reasonable award of the compensation to be paid by the 
 school district for the said land, to be appropriated for a site or 
 part of a site for a district school-house. The said commissioners 
 shall have power to issue subpoenas and administer oaths to wit- 
 nesses, and a majority of them may adjourn the proceedings from 
 time to time if necessary. They shall also view the land in ques- 
 tion, hear the proofs and allegations of parties, reduce the testimony 
 given, if any, to writing; and, without unnecessary delay, they, or 
 a majority of them, shall appraise the said land and determine and 
 award the compensation Avhich ought to be made therefor by said 
 school district, to the party or parties owning the same. They 
 shall make a written report of their proceedings and award in the 
 case, signed by them, or a majority of them, which shall be accom- 
 panied by the minutes of the testimony taken by them, and shall 
 deliver the same to the county judge of the county on or before 
 the day named in the order appointing them, for receiving such 
 report for confirmation. The said commissioners shall be entitled
 
 Sites fob District School-Houses. ii47 
 
 to two dollars per day for tlicir services, which shall be a charge 
 upon and be paid by the school district in Avhose behalf the land 
 in question has been appraised by them as aforesaid. 
 
 § 4. On the day and at the time and place appointed in the order 
 aforesaid for receiving such report, the county court aforesaid, on 
 being satisfied of the regularity and fairness of the previous pro- 
 ceedings, shall make an order reciting the proceedings, giving a 
 description of the land appraised, confirming the report and direct- 
 ing to whom the compensation awarded shall be paid, or where 
 and with whom the same shall be deposited. A certified copy of 
 the last mentioned oi'der shall, Avithout unnecessary delay, be 
 delivered by the judge holding said county court to the trustee or 
 trustees aforesaid, or to one of them, whose duty it shall be forth- 
 with to cause the same to be recorded at the expense of the said 
 school district, in the office of the county clerk of the county in 
 which the land therein described is situated. The trustee or trus- 
 tees are hereby authorized and directed, on the filing of said order 
 with the county clerk as aforesaid, forthwith to levy a district tax 
 for a sura sufficient to pay the compensation named in said award 
 and the expense of recording said order. 
 
 § 5. Upon said order being recorded as aforesaid, and upon the 
 payment or deposit of the amount of compensation aAvarded for 
 said land, all the right, title and interest of the owner and owners 
 aforesaid, in and to the said land, shall vest in the school district 
 in whose behalf the proceedings aforesaid were instituted ; and the 
 trustee or trustees of such district shall be entitled to enter upon, 
 take possession of, occupy and use said land for the purpose set 
 forth in their petition aforesaid ; and all land acquired by any 
 school district, pursuant to the provisions of this act, shall be 
 deemed to be taken for public use. 
 
 § G. The proceeds of every such award shall be divided amongst 
 the parties whose rights and interests shall have been sold, in pro- 
 portion to their respective rights in the premises; and the share 
 of such of the parties as ai'e of full age shall be paid to them or 
 their legal representatives by the commissioners, or shall bo 
 brought into court for their use. 
 
 § V. When any of such known parties are infants, the court 
 may, in its discretion, direct the share of such infants to be paid 
 over to the general guardian on proper security being tiled, or to
 
 248 Sites fob District School-Houses. 
 
 be invested in permanent securities at interest, in the name and 
 for the benefit of sucli infants, or be de})Osited in some trust com- 
 pany or savings bank to abide tlie further order of the court. 
 
 § 8. Wlien any of the parties wliose interests have been sold are 
 absent from the State, or are not known or named in the proceed- 
 ings, tlie court shall direct the shares of such })arties to be invested 
 in permanent securities at interest, or to be deposited in somo 
 trust company or savings bank to abide the further order of the 
 court, for the benefit of such parties, until claimed by them or 
 their legal representatives, 
 
 § 9. When the proceeds of a sale belonging to any tenant in 
 dower, or by the curtesy, or for life, shall be brought into court 
 as hei-einbetbre directed, the court shall direct the same to be 
 invested in permanent securities at interest, so that such interest 
 shall annually be paid to the parties entitled to such estate during 
 their lives respectively, unless such parties shall elect to accept a 
 Bum in gross in lieu thereof. 
 
 § 10. Tlie court may, in its discretion, require all or any of the 
 parties, before they shall receive any share of the moneys arising 
 from such sale, to give security to the satisfaction of such court to 
 refund the said shares with interest thereon, in case it shall there- 
 after appear that such party was not entitled thereto. 
 
 § 11. The amounts of all commissioners' fees, and of all expenses 
 incurred by or in behalf of any school district, in pursuance of the 
 provisions of this act, shall be a charge upon such district, and be 
 levied and collected by tax in the same manner as other district 
 taxes are levied and collected therein. 
 
 § 12. This act shall not apply to cities; nor shall it be lawful 
 under this act to acquire title to any garden or orchard, or any 
 part thereof, without the consent of the ownei-, noi- to any part of 
 any yard or inclosure necessary to the use and enjoyment of build- 
 ings or any fixtures or erections for the purposes of trade or manu- 
 factures, without the consent of such owner. 
 
 ^ 13. This act shall take effect immediately. 
 
 Cliap. 819, Laws of 1867, sections 3 aud 3, refers to and amends this law, and 
 provides as follows : 
 
 § 2. Tlie act hereby amended shall apply to union free school 
 districts and to districts organized under special laws; and the
 
 Sites for District School-Houses. 2-19 
 
 trustees of such dislricts, or the boards of education organized 
 under special haws, shall be and are hereby clothed with all the 
 powers vested in trustees under said act. 
 
 § 3. Nothing in this act contained shall prejudice or impair any 
 right acquired or proceeding had or instituted, under or by virtue 
 of the act hereby amended. 
 
 Domain is the right to dispose of a thing wliicli belongs to us. 
 
 Eminent domain is the right which the people or government retain over 
 the estates of individuals to resume the same for public use. {Buuviers Law Dio 
 tionary ) 
 
 The word domain is derived from the Latin dominmm, which signifies domin- 
 ion, power. The word eminent is derived from the Latin emineo, and signifies 
 high. The words " eminent domain," therefore, mean the highest authority or 
 ultimate power. All governments have exercised this power. In despotic 
 countries it is unlimited. Even in England — a constitutional monarchy — the 
 Parliament may take private property for public use without compensation. 
 
 A brief history of the changes in the tenure of land, and a few definitions, 
 will aid in understanding this provision of law, and the clauses of the Consti- 
 tution by which it is authorized. 
 
 Prior to tlie year 1000, the feudal tenure of land, called the feudal system, 
 was hardly known in Europe. The word " feud " is found in very few manu- 
 ecripts earlier than that date. The territory of Europe during the preceding 
 six hundred years had passed out of the Roman power and been divided and 
 parceled among the children and descendants of Charlemagne, or had become 
 the property of the various barbarian hordes that had successively pressed 
 upon each other and overrun the land. About the tenth century the Franks 
 had possession of France and the Normans of Normandy ; the Teutonic nations 
 held Germany and laid claim to Italy. We learn from ancient manuscripts 
 and from the historians of the middle ages, that the proprietors of the soil 
 in Germany and France were numerous and independent, and were the abso- 
 lute owners. The introduction of the feudal s^'stem changed the whole face 
 of things. It was a system of landholding. The great landholder had domin- 
 ion over a certain extent of country. He granted to others the possession of 
 subdivisions of his domain on condition that the grantee should swear fealty 
 and hold himself in readiness at all times to do military service for liis lord. 
 During the two hundred years from 900 to 1100, the tenure of nearly all the 
 land jn Europe had become feudal. The allodial proprietors had been con- 
 quered and reduced to feudal subjection, or had, for protection and safety of 
 person and property, voluntarily sworn fealty to some mighty lord. There is 
 evidence that the feudal system had been introduced into some parts of Eng- 
 land ]irior to the Nonnan conquest. William the Conqueror proceeded to 
 establish it, and give it a form and stability which clothed him and his suc^ 
 CGSsors with greater wealth and ])ower than was possessed by any other mou- 
 archs of their time. He divided England into sixty thousand parcels, that 
 32
 
 250 Sites for Distkict School-Houses. 
 
 were all siirveyed, named and described in a book called Dooms book, wliich 
 was a surveyor's field book and an appraisal. The name was derived from 
 the Latin word domus, a house. These parcels were erected into manors 
 and lordships, and such as William did not retain as his own Avere granted 
 to the retainers and adventurers who composed his army, as a reward for their 
 services. A few of the Saxon proprietors were confirmed in their possessions ; 
 but William required all the men, Saxon or Norman, to whom he granted or 
 confirmed land, to swear fealty to him, to become his tenants, to acknowledge 
 liim as their superior. and to become his vassals, ready to do him military ser- 
 vice, and to obey promptly his summons to the field. England was his domain, 
 and since his day the laws of England have recognized the king as the ulti- 
 mate owner of all the land in the kingdom. William was a very wise and 
 politic prince ; he had experienced the dangers which threatened all feudal 
 sovereigns from the wealth, ambition and power of their vassals. He was 
 himself, for his fief of Normandy, a vassal of the king of France. He guarded 
 liis authority and supremacy by the subdivision of the kingdom into compara 
 tively small estates. He created many fiefs, but made few rich feudatories. 
 He gave to a few favorites hundreds of manors, but they were situated in 
 many different counties. The owners of estates so divided, so far apart, and 
 whose retainers could not be summoned and assembled speedily, could never 
 be very formidable to the king. 
 
 In France the case was different. The great feudal lords were, in many 
 instances, equal to the king in wealth, and their domains were not held by 
 royal grant. In some instances, the domain of the feudal vassal was so large 
 that he became a rival of the king. The dukes of Normandy, after they became 
 kings of England, came also into possession, by marriage and inheritance, of 
 the duchies of Guienne, Poictiers and Aquitanie, and their power was such that 
 they disputed in the field for the throne of France. The word domain was 
 used to express both the extent of their territory and their dominion over it. 
 The feiidal system in France and Germany reduced the peasantry to the most 
 miserable condition of poverty and servitude. In process of time the power of 
 the feudal lords was absorbed in the various monarchies. The kings of FrancR 
 and Prussia became absolute. The larger part of Germany became the property 
 of the two houses of Brandenburg and Ilapsburg, whoso jealousy and rivalry 
 however, permitted the establishment of thirty or more free cities, petty princi- 
 palities and dukedoms. 
 
 It is a curious historical fact, that a few of the ancient allodial estates resisted 
 the encroacliments of feudal power, and were still in existence even down to 
 the time of the French revolution. But the wars and political revolutions of 
 the last century have left nothing of the feudal system, except a legal vocabu- 
 lary and the legal fiction which acknowledges the ultimate property of the 
 nation, by right of its sovereignty, in the whole territory within its limits. In 
 France, tlie laws now permit every person to become the owner of land, and 
 favor its division and distribution ; so that the number of proprietors is nearly 
 eix millions, of whom five millions own on an average between thnie and seven 
 and a half acres. In a large part of Germany, also, within the last scvcnty-fivo
 
 Sites for District School-Houses. 251 
 
 years, the right of owning land has been granted to the peasants. In S^^itzer- 
 land, which was formerly most intensely feudal and aristocratic, the laws have 
 recently abolished all aristocratic privileges and distinctions. Of the 485,000 
 heads of families, it is said that 465,000 possess landed property, and it is cal- 
 culated that of the 2,534,243 inhabitants of Switzerland, there are but 500,000 
 having no landed possession ; and yet 30 per cent of the coimtry is uncultivated, 
 or occupied by water, rocks and glaciers. 
 
 According to the census of 1861, the soil of the kingdom of Prussia is divided 
 between 2,141,486 land owners — Grundbesitzer — divided very unequally among 
 the various provinces. More than half of the proprietors own less than five 
 morgen, or about three and a half acres. The whole population was 18,497,458, 
 of whom eight millions and a half were engaged in agriculture, as their solo 
 or chief occupation. Of these, 2,070,157 are proprietors, possessing from three 
 acres to four hundred acres and more. The owners of three acres and less 
 number 1,052,126 ; those from three to eighteen acres are 518,134 ; from 18 to 
 160 acres 387,741 ; from 160 to 400 acres 17,675 ; and above 400 acres 14,481. 
 As a rule, the least populous provinces contain the largest estates. The land 
 is said to be passing from the nobility to the middle classes. This change is 
 due to the abolition of serfdom and the right of the peasants to become the 
 owners of land. 
 
 If we tiu'n to the two duchies of Mecklenburg, we shall see a different state 
 of things. The population of Mecklenburg-Schwerin is 548,449, and they are 
 nearly all serfs, who neither own land nor property of any kind. Of the soil 
 of the duchy, 4,834 square miles, the duke owns one-fifth, the nobility, who 
 number 624, own seven-tenths, and the remaining tenth is owTied by various 
 corporations and monastic institutions for Protestant noble ladies. In May, 
 1864, a bill passed the parliament giN^ing the landed proprietors power to con- 
 demn tlie laborers on their estates, for simple " neglect of service," to a week's 
 imprisonment and " twenty-five blows with a stick." It is not strange that the 
 emigrants from this duchy to America number nearly ten thousand a year. Of 
 the other duchy, Mecklenburg-Strelitz, containing 997 square miles, 527 square 
 miles belong to the grand duke, 353 to the nobility, and 117 to the town corpo- 
 rations. 
 
 In England, at the conquest (1066), the population was about 1,500,000. In 
 Doomsday book, the number of persons recorded is 283,242, which, Mr. llallam 
 thinks, alloAving for women and children, may be roundly called 1,000,000. 
 When the great survey was taken, there were witliin tlie realm 45,700 laud- 
 holders ; namely, 1,400 tenants in capiti (including ecclesiastical corporations), 
 7,871 under tenants, 23,071 Sockmanni, and 13,364 liheri homines. At the revolu- 
 tion of 1688, Gregory King estimated the population of England at 5,500,000, 
 of whom 170,000 were land owners. At the census of 1861, the population of 
 England was 20,066,224, and the landed proprietors are stated at only 30,760. 
 If we add to this number 5,000, to make up for mistakes, the astonishing 
 fact still appears, that tlie land owners in England are 10,000 less than 
 they were 800 years ago, and 135,000 less than they were 200 years ago. 
 In 106G the land holders composed about one in twenty-five of the popula-
 
 252 Sites for District School-Houses. 
 
 tion ; in 16S8, about one in tliirty-two, and in 1861 about one in five 
 hundred. 
 
 Ralph Waldo Emerson, in his book, "English Traits," says: "The Marquis 
 of Breadalbane rides out of his house a hundred miles in a straight line to the 
 Bea on his own property. The Duke of Sutherland owns the county of Suther- 
 land, stretching across Scotland from sea to sea. The Duke of Devonshire, 
 besides his other estates, owns 96,000 acres in the county of Derby. The Duke 
 of Richmond has 40,000 acres at Goodwood, and 300,000 at Gordon Castle. The 
 Duke of Norfolk's park, in Sussex, is fifteen miles in circuit. The large 
 domains are growing larger. In 1786 the soil of England was owned by 
 250,000 corporations and proprietors, and in 1822 by 30,000. Of the 20.066,224 
 population, less than one-tenth, 1,934,110, are agriculturists. Even the farms 
 held by tenants are decreasing in number, the smaller being yearly absorbed 
 in the larger." 
 
 A recent English writer, Mr. Laing, writing in 1849, says: "In Holland, 
 Flanders, Friesland, about the estuaries of the Scheldt, Maese, Rhine, Ems, 
 Weser, Elbe and Eyder, in a great part of Westphalia, and other districts of 
 Germany, in Denmark, Sweden and Norway, and in the south of Europe, in 
 Switzerland, the Tyrol, Lombardy and Tuscany, the peasants have, from very 
 early times, been the proprietors of a great portion of the land. France and 
 Prussia have, in our own times, been added to the countries in which the land is 
 di^^ded into small estates of working peasant proprietors. In every country of 
 Europe, under whatever form of government, however remotely or indirectly 
 affected by the wars and convulsions of the French revolution, and however 
 little the laws and institutions of the government may as yet be in accordance 
 with this social condition of the people, the tendency during this century has 
 been to the division and distribution of the land into small estates of a working 
 peasant proprietary, not to its aggregation into large estates of a nobility and 
 gentry. This has been the real revolution in Europe. The only exception is 
 Great Britain. The tendency with us during the present century has been 
 directly the reverse. It has been to aggregate small estates into large, and in 
 Scotland and in a great part of England, to aggregate small tenant occupancies 
 into large farms." 
 
 Mr. Maine, in his work entitled " Ancient Law," says : " The kingship of our 
 Anglo-Saxon regal houses was midway between the chieftainship of a tribe 
 and a territorial su])remacy, but the superiority of the Norman monarchs, 
 imitated from that of Franco, was distinctly a territorial sovereignty. Every 
 subsequent dominion which was established or consolidated was formed on the 
 later model. Spain, Najiles and the Principalities, founded on the ruins of 
 municipal freedom in Italy, were all under rulers whose sovereignty was 
 territorial." 
 
 In England, the whole; fabric of the feudal system was reared iipon the 
 princii)le that the national territory was the property of the State. The boast 
 of Louis XIV, " UFJirt, (\'st moi." might have been made with the most exact 
 truth by the concpu-ror and his immediate successors. The systcnn in England 
 was this : In the crown resided the duminum directum over all the soil of the
 
 Sites for District School-Houses. 253 
 
 country, and from it alone could the dominum utile be derived. {Sec Reeves' 
 Iluitonj of English Law, volume 1, page 37.) The division of the land was into 
 three parts — first, the crown lands ; secondly, the fiefs granted on condition of 
 the render of military or other services and the payments of rents ; and, thirdly, 
 the estates of the church, also held for appropriate considerations. To these, in 
 the almost endless subdividance of subinfeudation, there were tenants from the 
 lionorablc position of knights and freeman down to the servile cultivators and 
 adscripti gleba. But the land, although in the occupation of individuals, was 
 always recognized as the property of the State, and, as its representative and 
 the source of law and administration, the king was lord paramount over all liis 
 dominions. 
 
 Such is the law of England, and such was the law in this State until 1776 
 and 1787, when some modifications were made by our statutes. The common 
 law of England was declared to be the law of this State, except so far as it 
 should be changed by statute. Two great changes have entirely abolished the 
 feudal system and the laws of primogeniture. The statute of 1787 declared all 
 lands in the State to be allodial. This word is thus defined in Gregory's Dic- 
 tionary : Allodial, an epithet given to an inheritance without any acknowl- 
 edgment to a lord or superior ; in opposition to feudal. Allodial lands are free 
 lands, for which neither fees, rents nor services are due.* 
 
 * Ai.LODi.^i..— -l/todJi/OT, in Middle Ajje Latin, was an estate held in ahso'iite po=?e>^sion 
 without a feudal superior. {Blackstone.) The dorivation has been much disputed, and 
 little lipjht has been thrown upon it by the various guesses of ar.iiqu riaris. Tlie win-d 
 appears as early as the n:nth century, under ihe forms a'odis, alodus.uloilium.alandam; 
 and. in French. ale>\ al(u-franc.franc-alovd,franccdoi,franc-alevf. Tiie general t^ensc is 
 th.it of an estate held in absolute possession. 
 
 "Mere praedinm i>ossessionis hereditaria, hoc est, nlodum nostrum qui est in pago 
 Andieavensi." (.4 deed of the year S^^. in Ducange.) Translated it is: "A farm in my 
 hereditary possession, that is, my allodium which is in the .\ndigaveiisian country." 
 
 '' Alavdum meum sive hereditatem quam dedit mihi pater mens in die nuptiarnm 
 mcarnm.'" '' My aHodivm, or the inheritance that my father bestowed upon me on the 
 day of my marriacrc." 
 
 "Paternte ha^riditatae, quam nostrates a/o(?iwm vel patrimoninm vocant, sese conlulit." 
 " He betoolt himself to his paternal estate which our people call allodium, or patrimony." 
 
 It is often opposed to a f.ef. "llfficantem fuerunt ca— quje de allodiis sive prapdiis in 
 feudnm commutavit Adela." " These were the same h\nds which Adela changed from allo- 
 dial or free lands into feudal lands." 
 
 It is taken for an e?tate free from duties. "Habemus vinore agripennum unum allodi- 
 aliter immuncni, lioc est ab orani census et vicariaj redhibitione liberum." "We have 
 one little vineyard allodially exempt, that is, free from every kind of public tax or 
 charge." 
 
 '• Rcddit ea terra 2 den. census cum ante semper alodium fuissct" '• This land, which 
 was always heretofore allodial, is now registered for a tax of two denarii." 
 
 It can hardly be wholly distinct from Icelandic odal. which is used in much the same 
 sense: "Allodium, prnedium hereditarinm ; an inheritable farm : " "0(iafc->"'rf. pr-'^'li"™ 
 hereditarium ; odalborinn. natns ad hcredinm avitum ; born to an ancestral estate; that 
 is. one in the direct line from the first owner:" '' odals-madr, dom:nn3 allodialis, stricto 
 primu^ occup.ms: an allodial lord, strictly the first occupant." 
 
 Danish and 'Swedish, ode', a patrimonial estute. The landed proprietors of the Phetland 
 islands are still called udallers, according to Sir Walter Scott. The Icelandic odal is also
 
 254 Sites for District School-Houses. 
 
 But altliougli the tenure of land was chanf!:ed from feudal to allodial, the 
 ultimate property was still declared to be in the people. It follows, therefore, 
 that every owner of land in the State is the tenant of the people, and holds his 
 title subject to the paramount right of the people. 
 
 The logical consequence of this territorial sovereignty of the people, or the 
 State, is thus expressed by John Stuart Mill, in his "Principles of Political 
 Economy," volume 1, page 285 : 
 
 " Landed property is felt, even by those most tenacious of its rights, to be a 
 different thing from other property ; and when the bulk of the community have 
 been disinherited of their share of it, and it has become the exclusive attribute 
 of a small minority, men have generally tried to reconcile it to their sense of 
 justice by endeavoring to attach duties to it, and erecting it into a sort of 
 magistracy, either moral or legal. But if the State is at liberty to treat the 
 possessors of land as public functionaries, it is only going one step further to 
 Bay that it is at liberty to discard them. The claim of the land owners to the 
 land is altogether subordinate to the general policy of the State. The princi- 
 ple of property gives them no right to the lands, but only a right to compensa- 
 tion for whatever portion of their interest in the land it m^ay be the policy of 
 the State to deprive them of." 
 
 In feudal times the king in England, or the chief lord, could resume his 
 land at his pleasure, and the corollary here drawn by Mr. Mill, from the feudal 
 law, is now established in constitutional practice. 
 
 Our Constitution, article 1, section G, declares that private property shall not 
 be taken for public use without just compensation. The clause was borrowed 
 from the fifth article of the amendments of the United States Con.stitution, 
 proposed at the First Congress, 1789, and approved by the Legislatures of three- 
 fourths of the States. 
 
 used in the sense of abandoned goods : " at legglafyrer odal ; to abandon a thing ; to leave 
 it to be taken by the first occupier," 
 
 If the Middle Latin alodis, alodum, is identical with the Icelandic word, it exhibits 
 a singular transposition of syllables. Ihre would account for allodium from the com- 
 pound "alldha odhol " mentioned in the Gothic laws, an ancient inheritance, from all- 
 dratas, antiquitas, and odal, inheritance, as allda-vinr, an ancient friend ; aldcr-hxfd, 
 A possession of long standing. 
 
 Ihre supposes the root of odel to be od, and, primarily meaning possession ; and this is 
 confirmed by the legal signification of the word, which, in strictness, is a prescriptive title 
 acquired by thirty years continuous possession. It was also the highest title known in 
 Scandinavian jurisprudence, and the domain of the crown was said to be held by it. Exam- 
 ples of its usn in this latter sense will be found in Harold's Saga ens Ilar/agra, c. vi. ; in 
 the HeimsJatngla, and in the Saga Olafs Tnjggrasonar, c. 13, 97. 
 
 "The writers on this subject define allodium to be every man's own land, which he pos- 
 ecsseth merely in his own right, without owing any rent or service to any superior." 
 {Blacketone.) 
 
 " Tliia allodial property no subject in England has, it being a received, and now an unde- 
 niable, principle in law, that all the lands in England are holdeu mediately or immediately 
 of the king " {lUackstone.) 
 
 " Allodium is a law word contrary iofeudiim, and it signifies land that holds of nobody. 
 Wc have no such land in England. 'Tis a true proposition, all land in England is held, 
 mediately or immediately, of the king." {Selden's Table Talk.) 
 
 The word has also been derived from all and odh, meaning all property, or whole estate. 
 This is a very plausible etymology. "All" and "whole" are the same word diflerently 
 epelt
 
 Sites for Distkict School-Houses. 255 
 
 How it may be taken is pointed out in section seven : " Wlieu private prop- 
 erty shall be taken for any public use, the compensation to be made therefor, 
 when such compensation is not made by the State, shall be ascertained by a 
 jiuy, or by not less than three commissioners appointed by a court of record, 
 as shall be prescribed by law. Private roads may be opened in the manner to 
 be prescribed by law ; but in every case the necessity of the road, and the 
 amount of all damage to be sustained by the opening thereof, shall be first 
 determined by a jury of freeholders, and such amount, together with the 
 expenses of the proceeding, shall be pjyd by the person benefited." 
 
 Section eleven, of article first, asserts the dominion of the State over land as 
 follows : " The people of this State, in their right of sovereignty, are deemed 
 to possess the original and ultimate property in and to all lands within the 
 jurisdiction of the State; and all lands, the title to which shall fail, from a 
 defect of heirs, shall revert or escheat to the people." 
 
 The tenure of land in this State is declared in sections twelve and tliirteen 
 of article first : 
 
 § 12. All feudal tenures of every description, with all their incidents, are 
 declared to be abolished, sa\ing, however, all rents and services certain which 
 at any time heretofore have been lawfully created or reserved. 
 
 § 13. All lands within this State are declared to be allodial, so that, subject 
 only to the liability to escheat, the entire and absolute property is vested in 
 the owners, according to the nature of their respective estates. 
 
 The words of the Constitution are nearly the same as the words of the 
 Revised Statutes, which took effect January 1, 1830, section 2, title 1, chapter 
 1, part 3. 
 
 § 3. All lands within this State are declared to be allodial, so that, subject only 
 to the liability to escheat, the entire and absolute property is vested in the 
 owners, according to the nature of their respective estates ; and all feudal 
 tenures of every description, with all their incidents, are abolished. 
 
 ^ 3. The abolition of tenures shall not take away, or discharge, any rents or 
 services certain, which at any time heretofore have been, or hereafter may be, 
 created or reserved ; nor shall it be construed to affect or change the powers or 
 j urisdiction of any court of j ustice in this State. 
 
 The language of these two sections is substantially borrowed from the act 
 concerning tenures, passed February 20, 1787, section six : " And be it further 
 enacted by the authority aforesaid, that the tenure upon all gifts, grants and 
 conveyances heretofore made, or hereafter to be made, of any manors, lands, 
 tenements, or hereditaments, of any estate of inheritance, by any letters patent 
 under the great seal of this State, or in any other manner, by the people of 
 this State, or by the commissioners of forfeitures, shall be and remain allodial, and 
 not feudal, and shall forever be taken and adj udged to be and continue in free 
 and pure allodium only ; and. shall be forever discharged of all icard^hip, vaha 
 and forfeiture of marriage, livery, primer seisin, ousterlemain, relief aid pur file mar- 
 rier, aid pur- fair fitz chivalier. rents, renderz, fealty, and all other services whatso 
 ever ; any law, statute, reservation, custom or usage to the contrary hereof in 
 anywise notwithstanding."
 
 256 Sites for District School-Houses. 
 
 It is left to tlie Legislature to determine the necessity of taking private 
 property. If a fort or an arsenal is to be built, if a turnpike or canal or railroad 
 is to be made, if a street or alley is to be laid out, if a capitol or court-house is 
 to be erected, if a school-house site is wanted, or if a private road is demanded, 
 the rights of private persons are made subservient to those of the community 
 at large, and as much land is seized and confiscated as may be considered neces- 
 sary for the object in view, with or without the consent of the owner, whilst 
 he is not permitted to fix his own price. If the State take it, the compensa- 
 tion is fixed by the Legislature. If a railroad, or any public corporation take 
 it, the price is fixed by a j ury, or by commissioners appointed by a court of 
 record. A jury of freeholders assesses the damage of laying out a private road. 
 
 The manner in which lawyers soften down or gloss over the exercise of this 
 right may be seen by the following extract from Mr. Strgeant Stephen's Black- 
 stone, volume 1, page 166, fourth edition : 
 
 ■' No unnecessary violation of the rights of property is in any instance 
 allowed by our law. If a new road, for example, is to be made through 
 the grounds of a private person, in a case where it would be extensively bene- 
 ficial to the public, the Legislature never permits itself to do this without the 
 consent of the owner of tlie land, or at least without securing to him u conijikte 
 inc/emnijicution. In vain may it be urged that the good of the individual ought 
 to yield to that of the community. The true principle applicable to all such 
 cases is one to which we have had occasion already to refer, and which is con- 
 stantly borne in mind by the law, viz., that the private interest of the individ- 
 ual is never to be sacrificed to a greater extent than is necessary to secure a public 
 benefit of adequate importance. The public, therefore, in all such transactions, is 
 considered as an individual treating with an individual for an exchange. All 
 the Legislature does is to oblige the oiuner to alienate his possession for a reasonable 
 price." 
 
 The last sentence is not quite consistent with the preceding one, for if one 
 individual desired to exchange properties with his neighbor, or to take his 
 neighbor's farm for a sum of money, it may be reasonably doubted whether 
 the exchange could be effected by giving a reasonable price to be fixed by 
 himself. But this is just what the State does in all such cases. 
 
 The courts have defined this power of " eminent domain " in language rather 
 more positive than that employed by Sergeant Stephen. 
 
 The Parliament of Great Britain possesses tlie power of taking private prop- 
 erty for public uses without compensation. Every government has this power, 
 and may exercise it under such restraints and limitations as may be fixed by 
 its Constitution and laws. {7'he Governor, etc., of Cast Plate MavMfacturing Com- 
 pany V. Meredith, 4 Term Reports, 764.) 
 
 Our people and the framers of our laws understood perfectly the extent of 
 this power, and therefore, to guard against the abuse of it, the provision pro- 
 hibiting the taking of private property without compensation was inserted in 
 the Constitutions of New Hampshire, Massachusetts, New York, and several 
 other States. Tliis prohibition was not contained in the Constitution of SoutI/ 
 Carolina, and, accordingly, it has been held that the State may talie private 
 property for public use without compensation. The Legislature of a State, 
 Unless restricted by the State Constitution, would even have power to tako
 
 Sites for District School-Houses. 257 
 
 private property for private use. {Stark v. Mc Govern, 1 Nblt & McCord's \^South 
 Carolina] lieports, 387.) 
 
 The eminent domain remains in the government, or in the aggregate body 
 of the people in their sovereign capacity ; and they can resume the possession 
 of private property, not only when the safety, but also when the interest, or even 
 the convenience of the State is concerned ; as when the land is wanted for a 
 road, canal, or other public improvement. 
 
 The only restriction upon the power of the people to resume the possession 
 of property for the purpose of an internal improvement, in which the public or 
 the inhabitants of any particular section of the State, as citizens merely, have 
 an interest, is, that the property cannot be taken for such public use without 
 just compensation to the owner and in the mode prescribed by law. 
 
 It belongs to the Legislature to determine whether the benefit to the public 
 from such improvement is of sufficient importance to justify their exercise of 
 the right of eminent domain, in thus interfering with the private rights 
 of individuals. 
 
 In cases of public improvements, from which a benefit would result to the 
 public, this right of eminent domain may be exercised directly by the agents 
 of the government, or through the medium of corporate bodies, or by means 
 of individual enterprise. {Deekman v. Saratoga and Schenectady Railroad Company, 
 3 Paige's Chancery Reports, page 45.) 
 
 The power to take private property has been granted by the Legislature for 
 the construction of public highways, turnpikes, bridges, ferries, canals, plank- 
 roads and railroads. It has been given to cities and towns and villages, for 
 making streets, alleys and sewers, and to private persons for the purpose of 
 making private roads. A like power has been granted to the owners of mill- 
 sites, to flow the lands upon a stream for the accumulation of water necessary 
 to turn the water-wheels of a mill. The same power has been exercised in the 
 laws that have authorized the draining of swamps and marshes, and the assess- 
 ment of the expense upon the owners of the lands benefited by the improve- 
 ment. The taking of land and the occupation of streets for aqueducts, to bring 
 water to cities and villages, are authorized by the same power. Gas companies 
 for lighting the streets and public buildings have the same right, and now the 
 Legislature has authorized the taking of land for school-house sites. {Laws of 
 1772 ; Kent and Rad. Ed. Laivs, volume 2, page 49, section 3 ; Act of April 18, 1825. 
 Draining marshes of the Seneca river, Laivs of 1818, page 115 ; chapter 25, Laws of 
 1807 ; Laics of 182G. page 247 ; 2d Ed. R. S., page 548 ; 1 John. Ch. R., 143.) 
 
 Herbert Spencer, in his " Social Statics," page 119, in an imaginary conver- 
 sation between himself and an American squatter, puts the following case in 
 illustration of this power : 
 
 ' " Suppose now that in the course of your wanderings you come upon an 
 empty house, which, in spite of its dilapidated state, takes your fancy; sup- 
 pose that with the intention of making it your abode you expend much time 
 and trouble in repairing it ; that you paint, and paper, and whitewash, and at 
 considerable cost bring it into a habitable state ; suppose further, that on some 
 fatal day a stranger is announced who turns out to be the heir to whom this 
 house has been bequeathed, and that this professed heir is prepared with all 
 S3
 
 258 Taxation of Baistks. 
 
 the necessary proof of his identity, what becomes of your improvements ? Do 
 they give you a valid title to the house ? Do they quash the title of the original 
 claimant ? Xo. Neither, then, do your pioneering operations give you a valid 
 title to this land ; neither do they quash the title of its original claimants — the 
 human race. The world is God's bequest to mankind. All men are joint 
 heirs to it ; you amongst the number. And because you have taken up your 
 residence on a certain part of it, and have subdued, cultivated and beautified 
 that part (improved, as you say), you are not therefore warranted in appropri- 
 ating it entirely as your private property. At any rate, if you do, you may at 
 any moment be justly expelled by the lawful owner — society." 
 
 K society should exercise its lawful power, as individuals exercise the power 
 given to them by the laws over their private estates, what results might not 
 we expect ? 
 
 The Duke of Sutherland ejected from his domain, the county of Sutherland, 
 not many years ago, more than fifteen thousand persons, and turned their 
 farms into sheep-walks. Other proprietors in the Highlands have done the 
 same to make sheep-pastures, and reserves for the shooting of snipe and 
 woodcock. 
 
 In Ireland the landlords, by ejectments and evictions, have dispossessed 
 thousands and thousands of tenants, in order that the small holdings might 
 be absorbed in large farms. 
 
 The Irish and Scotch, as many as can find means to cross the ocean, have 
 come to America, and thousands more, driven from their homes, to make room 
 for cattle and sheep, hoimds and hunters, because it is for the real or fancied 
 interest of the landlords, have crowded into the uaanufacturing districts, or 
 cities, of Scotland and England. 
 
 If the 30,000 land owners of England should take it into their heads to eject 
 all tenants from their lands, what would they do more than has been done by 
 the Scotch and English landlords? They would be simply exercising the 
 power which the law has lodged in their hands. For everj' tenant who 
 remains in possession after the expiration of the term of his lease, and 
 against the will of his landlord, may be ejected by law. And persons who 
 enter, without permission, another's land, are trespassers. 
 
 CHAP. 761. 
 
 AN ACT authorizing the Taxation of Stockholders of Banks, and 
 
 the Surplus Funds of Savings Banks. 
 
 Passed April 23, 1866, 
 The People of the State ofJVeio York, represented in /Senate and 
 Assembly, do enact as follows: 
 
 Section I. No tax shall hereafter be assessed upon the capital 
 of any bank or banking association organized under the authority 
 of this State or of the United States, but the stockholders in such 
 banks and banking associations shall be assessed and taxed on the
 
 Taxatiox op Banks. 259 
 
 value of their shares of stock therein ; said shares shall be included 
 in the valuation of the personal property of such stockholder, in 
 the assessment of taxes at the place, town or ward where such 
 bank or banking association is located, and not elsewhere, whether 
 the said stockholder reside in said place, town or ward, or not, 
 but not at a greater rate than is assessed upon other moneyed 
 capital in the hands of individuals in this State. And in making 
 such assessment there shall also be deducted from the value of 
 such shares such sum as is in the same proportion to such value as 
 is the assessed value of the real estate of the bank or banking asso- 
 ciation, and in which any portion of their capital is invested, in 
 which said shares are held, to the whole amount of the capital 
 stock of said bank or banking association. And provided, further, 
 that nothing herein contained shall be held or construed to exempt 
 from taxation the real estate held or owned by any such bank or 
 banking association ; but the same shall be subject to State, county, 
 municipal and otlier taxation, to the same extent and rate and in 
 the same manner as other real estate is taxed. 
 
 § 2. Every individual banker, doing banking business under the 
 laws of this State, is hereby required to declare upon oath before 
 the assessor the amount of capital invested in such banking busi- 
 ness, and each one hundred dollars of such capital, for the purpose 
 of this act, and for the purpose of taxation, shall be held and 
 regai'ded as one individual share in such banking business, and 
 such shares are hereby declared to be personal property. If such 
 banker have partners, he shall declare upon oath before the asses- 
 sor the number of shares held by each of them in such banking 
 business, ascertained as above provided, and the shares so held by 
 any partner shall be included in the valuation of his taxable prop- 
 erty in the assessment of all taxes levied in the toAvn, school dis- 
 trict or ward where such individual banker is located, and not 
 elsewhere; and such individual banker shall pay the same and 
 make the amount so paid a charge in the accounts with such part- 
 ners ; and if such individual banker have no partners he shall be 
 held to be sole owner of all the shares in such business of 
 banking, and the same shall be included in the valuation of his 
 personal property in the assessment of all taxes levied in the tOAvn, 
 school district or ward where his bank is located, and not else- 
 where.
 
 260 Taxation of Banks. 
 
 § 3. There shall be kept at all times in tlie office where the 
 business of such bank or banking association, organized under the 
 authority of this State or of the United States, shall be transacted, 
 a full and correct list of the names and residences of all the stock- 
 holders therein, and of the number of shares held by each ; and 
 such list shall be subject to the inspection of the officers author- 
 ized to assess taxes during the business hours of each day in which 
 business may be legally transacted. 
 
 § 4. Sections ten and eleven of chapter ninety-seven of the Ses- 
 sion Laws of eighteen hundred and sixty-five are hereby repealed. 
 
 § 5. When the owner of stock in any bank or banking associa- 
 tion, organized- under the laws of this State or of the United 
 States, shall not reside in the same place where the bank or bank- 
 ing association is located, the collector and county treasurer shall, 
 respectively, have the same jjowers as to collecting the tax to be 
 assessed by this act, as they have by statute, when the person 
 assessed has removed from the town, ward or county in which the 
 assessment was made ; and the county treasurer, receiver of taxes, 
 or other officers authorized to receive said tax from the collector, 
 may, all or either of them, have an action to collect the tax from 
 the avails of the sale of his shares of stock, and the tax on the 
 share or shares of said stock shall be and remain a lien thereon 
 till the payment of said tax. 
 
 § 6. For the purpose of collecting such taxes, and in addition 
 to any other laws of this State, not in conflict with the Constitu- 
 tion of the United States, relative to the imposition of taxes, it 
 shall be the duty of every such bank or banking association, and 
 the managing officer or officers thereof, to retain so much of any 
 dividend or dividends belonging to such stockholders as shall be 
 necessary to pay any taxes assessed in pursuance of this act, xintil 
 it shall be made to appear to such officers that such taxes have 
 been paid. 
 
 § 7. The privileges and franchises granted by the Legislature of 
 the State to savings banks or institutions for savings, are hereby 
 declared to be personal property, and liable to taxation as such in 
 the town or ward Avhere they are located, to an amount not 
 exceeding the gross sum of their surplus earned, and in the posses- 
 sion of said banks or institutions ; and the officers of such institu- 
 tions or banks may be examined on oath, by assessors, as to the
 
 Fines Used for School Purposes. 261 
 
 amount of such surplus; and the property of such banks and 
 institutions shall be liable to seizure and sale for the payment of 
 all taxes assessed upon them for said privileges and franchises. 
 § 8. This act shall take eifect immediately. 
 
 CHAP. 889. 
 AN ACT providing for the Application of Moneys hereafter col- 
 lected in the Metropolitan Excise District for Certain Fines and 
 from Licenses for the Sale of Liquors. 
 
 Passed May 10, 1867 ; three-fifths being present. 
 The People of the State of New York, represented in Senate and 
 Assembly, do enact as follows : 
 
 Section 1. From and after the first day of May, one thousand 
 eight hundred and sixty-seven, the treasurer of the Metropolitan 
 board of excise shall pay over all sums received by him for 
 licenses and fines as follows : All such sums as are received 
 for licenses granted in the city of Brooklyn, and for fines imposed 
 for offenses in said city, to the commissioners of the sinking fund of 
 the city of Brooklyn, to be applied by them, without deduction, to 
 the extinction of the debt of said city ; all such sums as may 
 be received from the towns in the county of Richmond to the 
 commissioner of common schools in said county, to be by him 
 apportioned among the several school districts in said county 
 ratably in proportion to the number of scholars attending school 
 in each, and applied for the maintenance of the schools and the 
 erection and improvement of school buildings therein respectively; 
 in the towns of Kings county, except the city of Brooklyn, to the 
 commissioner of schools, the money received from each town to be 
 apportioned by him among the several school districts in such 
 town, in proportion to the number of scholars attending school in 
 each district, and applied for school purposes; and in the towns of 
 Queens county, to the highest officer having the general charge of 
 schools in said county, to be by him distributed in like proportion 
 among the towns from Avhich it is received, and to be applied 
 for like purposes. But before paying over such sums, the said 
 treasurer shall deduct the proper proportion of the expenses of 
 said board, and the ten per cent now provided by law to be paid
 
 262 OiyPHAN Asylum — Security. 
 
 to the State inebriate asylum. He shall also deduct, from the sums 
 received from Brooklyn, any sum now j^vovided by law to be paid 
 to the inebriates' home. 
 
 § 2. This act shall take effect immediately. 
 
 OHAP. 261. 
 
 [Laios of 1S50, page 500.] 
 AN ACT to provide for the Better Education of the Children in 
 the Sevei'al Orj^han Asylums in this State, other than in the City 
 of New York. 
 
 Passed April 10, 1850. 
 
 The People of the State of N'eio YorJc^ represented in Senate and 
 Assembly^ do enact as folloios : 
 
 Section 1. The schools of the several incorporated orphan asy- 
 lum societies in this State, other than those in the city of New 
 York, shall participate in the distribution of the school moneys, 
 in the same manner and to the same extent, in proportion to the 
 number of children educated therein, as the common schools in 
 their respective cities or districts. 
 
 § 2. The schools of said societies shall be subject to the rules and 
 regulations of the common schools in such cities or districts, but 
 shall remain under the immediate management and direction of 
 the said societies as heretofore. 
 
 CHAP. 78. 
 
 [Laws 0/1866, page 149, volume 1.] 
 AN ACT in relation to the Security to be given by Supervisors 
 
 of Towns. 
 
 Passed February 28, 1866. 
 
 The People of the State of JVew York, represented in Senate 
 and Assembly, do enact as follows: 
 
 Section 1. In addition to the bond or bonds that the supervis- 
 ors of the several towns in this State are now by law required to 
 execute, the supervisor of every town in this State, which has a 
 local school fund belonging to said town, shall, before entering 
 upon the duties of his office, execute a bond, with two or more
 
 School Commissioner Districts. 268 
 
 sufficient sureties, in double the amount of all school moneys, 
 funds or securities belonging to such town, and which by law is 
 under the control or in the custody of the supervisor of such town ; 
 such bond to be in accordance with the requirements of section 
 twenty of chapter one hundred and seventy-nine, Laws of eighteen 
 hundred and fifty-six, and subject to all the provisions thereof, 
 except as herein specified. 
 
 Section 20, cliapter 17^, Laws of 1856, has been amended by section 31 of title 
 III of the Laws of 1864. (Ayite, p. 62.) It would seem that a separate bond for 
 the security of the " moneys, funds and securities " belonging to the towns 
 must be given. 
 
 CHAP. 38. 
 
 AN ACT to make the Town of Chester a Part of the Second School 
 Commissioner's District of Orange County. 
 
 Passed February 15, 1867. 
 
 The People of the State of Nexo York, represented in, Senate and 
 Assanhly, do enact as follows : 
 
 Section 1. The town of Chester, in Orange county, is hereby 
 declared to be and shall form a part of the second school commis- 
 sioner's district of said county, under the control and supervision 
 of the school commissioner of said district. 
 
 § 2. This act shall take effect immediately. 
 
 CHAP. 184:. 
 
 AN ACT to make the Town of Cambria a Part of the First School 
 
 Commissioner's District of Niagara county. 
 
 Passed March 28, 1867. 
 The People of the State of New YorJc, represe7ited in Seiiate and 
 Assembly, do enact asfolloios: 
 
 Section" 1. The town of Cambria, in Niagara coimty, is hereby 
 declared to be and shall form a part of the first school commis- 
 sioner's district of said county, under the control and supervision 
 of the school commissioner of said district. 
 
 § 2. This act shall take effect immediately.
 
 264 Idle and Truant Childeen. 
 
 CHAP. 531. 
 
 AN" ACT to transfer the Town of Delhi from the First to the Sec- 
 ond School Commissioner District of the County of Delaware. 
 Passed April 23, 1867 ; tliree-fiftlis being present. 
 The People of the State of Mew York, represented in Senate and 
 Assembly, do enact as folloios : 
 
 Section 1. The town of Delhi of the county of Delaware is 
 hereby transferred from the first to the second school conunis- 
 Bioner district of the said county of Delaware. 
 
 § 2. All ofiicial acts heretofove performed by the school commis- 
 sioner of the said first district of the said county of Delaware 
 shall be legal and valid, so far as affects the said town of Delhi, 
 and to the same extent that they would have been had this trans- 
 fer not been made, and no more ; and, after the passage of tliis 
 act, the school commissioner of the said second district shall exer- 
 cise all lawful authority pertaining to his office over the said town 
 of Delhi, without additional compensation therefor. 
 § 3. This act shall take effect immediately. 
 
 CHAP. 185. 
 
 AN ACT to provide for the Care and Instruction of Idle and 
 
 Truant Children. 
 
 Passed April 12, 1853. 
 
 The Peojyle of the State of Neio York, repiresented in Senate 
 and Assembly, do enact asfolloics : 
 
 Section 1. If any child, between the ages of five and fourteen 
 years, having sufficient bodily health and mental capacity to attend 
 the public schools, sliall be found wandering in the streets or lanes 
 of any city or incorporated village, idle and truant, without any 
 lawful occupation, any justice of the peace, police magistrates, or 
 justices of the district courts in the city of New York, on com- 
 plaint thereof by any citizen on oath, shall cause such child to be 
 broufrht before him for examination, and shall also cause the 
 parent, guardian or master of such child, if he or she have any, to 
 be notified to attend such examination. And if, on such examina- 
 tion, the complaiut shall be satisfactorily established, such justice
 
 Idle and Tjruant Children. 265 
 
 shall require the parent, guardian or master to enter into an 
 engagement in writing, to the corporate authorities of the city or 
 village, that lie "will restrain such child from so wandering about, 
 will keep him or lier on his own premises, or in some lawful occu- 
 pation, and Avill cause such child to bo sent to some school, at least 
 four months in each year, until he or she becomes fourteen years 
 old. And such justice may, in his discretion, require security for 
 the faithful performance of such engagement. If such child has 
 no parent, guardian or master, or none can be found, or if such 
 parent, guardian or master refuse or neglect, within a reasonable 
 time, to enter into such engagement, and to give such security, if 
 required, such justice shall, by warrant under his hand, commit 
 such child to such place as shall be provided for his or her recep- 
 tion, as hereinafter directed. 
 
 § 2. If such engagement be habitually or intentionally violated, 
 an action may be brought thereon, by the overseers of the poor, 
 or either of them, of such city or village, in the name of the 
 corjDorate authorities thereof, and on proof of such habitual or 
 intentional violation, the plaintiff shall recover therein a penalty 
 of not more than fifty dollars, with costs. And thereupon the 
 magistrate, or court before Avhom such recovery shall be had, 
 shall, by Avarrant, commit such child to the place so provided for 
 his or her reception, as aforesaid. 
 
 § 3. The corporate authorities of every city and incorporated 
 village shall provide some suitable place for the reception of every 
 child that may be so committed, and for the employment of such 
 child in some useful occupation, and his or her instruction in the 
 elementary branches of an English education, and for his or her 
 proper support and clothing. Every child so received shall be 
 kei)t in such place until discharged by the overseers of the poor or 
 the commissioners of the almshouse of such city or village, and 
 may be bound out as an apprentice by them or either of them, 
 with the consent of any justice of the peace, or any of the alder- 
 men of the city, or any trustee of the incorporated village where 
 he may be, in tlie same manner, for the same periods, and subject 
 to the same provisions in all respects, as are contained in the first 
 article and fourth title of the eighth chapter, and second part of 
 the Revised Statutes, Avith respect to children Avhose parenis have 
 become chargeable on any city or town. 
 34
 
 266 Albany Normal School. 
 
 § 4. The expenses of providing and maintaining such place for 
 th*e reception, clothing, support and instruction of such children, 
 shall be defrayed in the same manner as charges for the support of 
 paupers chargeable upon such city or village ; and the corporate 
 authorities of every city and village shall certify to the board of 
 supervisors of the county, at their annual meetings, the amount 
 necessary for said purposes, which amount the said supervisor shall 
 cause to be levied and collected as part of the taxes for the support 
 of the poor, chargeable to such city or village. 
 
 § 5. It shall be the duty of all police officers and constables, 
 who shall find any child in the condition described in the first 
 section of this act, to make complaint to a justice of the peace, as 
 provided in the said section. 
 
 § 6. The fees of justices, for sei'vices performed under this act, 
 shall be the same as allowed by law in cases of vagrancy, and 
 shall be paid by the city or village in which they were rendered. 
 
 § 7. This act shall take effect immediately 
 
 CHAP. 311. 
 
 AN ACT for the Establishment of a Normal School. 
 
 Passed May 7, 1844. 
 
 The Feople of the State of New York, rej^resented in /Senate 
 ayid Assembly, do enact asfoUoics : 
 
 Section 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 support 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 Univei'sity; in the estab- 
 lishment and support of a normal school for the instruction and 
 practice of teachers of common schools in the science of educa- 
 tion and in the art of teaching, to be located in the county of 
 Albany.
 
 Albany Normal School. 267 
 
 § 2. The sum of ten thousand dollars shall, after the present 
 year, be annually paid by the Treasurer, on the warrant of the 
 Comptroller, to the Superintendent of Common Schools, from the 
 revenue of the literature fund, for the maintenance and support 
 of the school so established, for five years, and until otherwise 
 directed by law. 
 
 § 3. The said school shall be under the supervision, management 
 and government of the Superintendent of Common Schools and 
 the Regents of the University. The said Superintendent and 
 Regents shall, from time to time, make all needful rules and regu- 
 lations, 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 pupils shall be received 
 and instructed therein ; the number of pupils from the respective 
 cities and counties, conforming as nearly as may be to the ratio 
 of population ; to fix the location 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 gov- 
 ernment and management of the said school. They shall ajDpoint 
 a board, consisting of five persons, of whom the said Sujjerintend- 
 ent shall be one, who shall constitute an executive committee for 
 the care, management and government of the said school under 
 the rules and regulations prescribed as aforesaid, whose duty it 
 shall be, from time to time, to make full and detailed reports to 
 the State 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 Legislature a full account of their proceedings and expendi- 
 tures of money under this act, together with a detailed report by 
 said executive committee of the progress, condition and prospects 
 of the school.
 
 268 Albany Noemal School. 
 
 CHAP. 318. 
 
 AN ACT for the Permanent Establishment of the Normal School. 
 Passed April 12, 18-18 ; tliree-fifths being present. 
 
 The People of the State of J^feio York, represented in Senate 
 and Assembly, do enact as follotos : 
 
 Section 1. The Treasurer shall pa}^, on the warrant of the 
 Comptroller, to the order of the State Superintendent of Common 
 Schools, from the general fund, a sum not exceeding fifteen thou- 
 sand dollars, to be expended in the erection of a suitable building 
 for the accommodation of the State normal school for the instruc- 
 tion and practice of teachers of common schools in the science of 
 education and the art of teaching. 
 
 § 2. The said building shall be erected, under the direction of 
 the executive committee of the school, upon the ground owned by 
 the State, and lying in the rear of the Geological rooms. 
 
 § 3. The said school shall be, as heretofore, under the super- 
 vision, management and government of the State SujDerintendent 
 of Common Schools and the Regents of the University. The said 
 Superintendent and Regents shall, from time to time, make all 
 needful rules and regulations to fix the number and compensation 
 of teachers and others to be employed therein; to prescribe the 
 preliminary examination and the terms and conditions on which 
 pupils shall be received and instructed therein, the number of 
 pupils from the respective counties conforming as nearly as may 
 be to the ratio of population ; 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 said 
 school, under the rules and regulations prescribed 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 prope^for the said school. 
 
 § 4. The Superintendent and Regents shall annually transmit to 
 the Legislature a full account of their proceedings, and of the 
 expenditures of money under this and previous acts, together with 
 a detailed report of the i>rogress, condition and prospects of the 
 school.
 
 Oswego Training School. 269 
 
 CHAP. 418. 
 
 AN ACT for the Support of a Training School for Primary 
 
 Teachers. 
 Passed May 4, 1863 ; three-fifths being present. 
 
 The People of the State ofJVeio YorJc, represented in Senate and 
 Assembly, do enact asfolloics: 
 
 Section 1. The Treasurer shall pay annually, for two years, on 
 the warrant of the Comptroller, to the order of the Superintendent 
 of Public Instruction, the sum of three thousand dollars for the 
 support of a training school, in the city of Oswego, for the prepa- 
 ration of primary teachers for the common schools of this State ; 
 provided that the citizens or the board of education in said city 
 shall, Avithin one year from the passage of this act, j^rovide the 
 necessary buildings, grounds, and other accommodations and 
 appliances for such school, as directed by the Superintendent of 
 Public Instruction; and provided, further, that there shall be 
 instructed in said school, for a period of at least forty weeks in 
 each year, not less than fifty teachers designing to teach in the 
 common schools of this State ; and provided, farther, that each of 
 tlie several Senatorial districts of this State shall respectively be 
 entitled to send annually to said training school two first-class 
 teachers, each to be appointed by the State Superintendent of 
 Public Instruction, after they have been duly recommended by 
 two county school commissioners or by a city superintendent of 
 schools, residing in the district for which the appointment is to be 
 made ; and all teachers thus appointed to said training school 
 may receive instruction and training in every thing that is taught 
 in said school, free of charge for tuition. 
 
 § 2. The said school shall be subject to the supervision and 
 general direction of the Superintendent of Public Instruction ; 
 and the board of education of the city of Oswego and the secre- 
 tary of said board shall constitute an executive committee for the 
 immediate care, management and government of said school, with 
 power to make all needful and proper j^ks and regulations con- 
 cerning the same, subject to the approval <'t" the Superintendent 
 of Public Instruction. 
 
 § 3. The executive committee, as above constituted, shall annu- 
 ally transmit to the Legislature, through the Superintendent of 
 Public Instruction, a report of their transactions under this act,
 
 270 Oswego Training School. • 
 
 including a statement in detail of the expenditure of all moneys, 
 together with a statement of the progress and prospects of the 
 school, which report shall first be apj^roved by the Superintendent 
 of Public Instruction. 
 
 § 4. The first year of said school shall be deemed to commence 
 on the day which the Superintendent of Public Instruction shall 
 certify to the Comptroller as the day on which the requirements 
 of the first section of this act, relative to providing the buildings 
 and other appliances for the school, shall have been complied with. 
 
 § 5. If less than fifty teachers are instructed in said school, as 
 provided in the first section of this act, there shall be paid, only a 
 corresponding portion of the sum appropriated by this act. 
 
 § 6. This act shall take effect immediately. 
 
 CHAP. 4=4=5. 
 
 AN" ACT to amend " An Act for the Support of a Training School 
 for Primary Teachers," passed May fourth, eighteen hundred and 
 sixty-three. 
 
 Passed April 14, 18G5 ; tliree-fiftlis being present. 
 
 The People of the State of JSfeio YorJc, represented in Senate 
 and Assembly^ do enact asfolloios : 
 
 Section 1. Section one of chapter four hundred and eighteen 
 of the Laws of eighteen hundred and sixty-three, entitled "An act 
 for the support of a training school for primary teachers," is here- 
 by amended so as to read as follows : 
 
 § 1. The Treasurer shall pay annually for two years, except as 
 hereinafter provided, on the warrant of the Compti'oller, to the 
 order of the Superintendent of Public Instruction, the sum of six 
 thousand dollars for the suppoi-t of a normal school in the city 
 of Oswego, for the preparation of teachers for the common schools 
 in this State, provided that the citizens, or the board of education 
 in said city, shall, within one year from the passage of this act, 
 provide the necessary buildings, grounds and other accommoda- 
 tions for such school, as shall be directed by the Superintendent of 
 Public Instruction; and provided, further, that each of the several 
 counties shall respectively be entitled to send annually to said 
 school as many pupil teachers as it has representatives in the
 
 Oswego Training School. 271 
 
 Assembly, each to be appointed by the Superintendent of Public 
 Instruction, on the recommendation of the school commissioner or 
 commissioners of such county, or on the recommendation of the 
 city sujierintendent of schools and such commissioners (in coun- 
 ties in which there is a city), or on the recommendation of the city 
 superintendent of schools of the city of New York. The times 
 and places of selecting candidates for such recommendation shall 
 be prescribed by the Sujjerintendent of Public Instruction, and all 
 pupil teachers thus recommended and appointed to said school 
 shall receive instniction in all the branches which shall be taught 
 therein free of charge for tuition. 
 
 § 2. The fifth section of said act is hereby amended so as to 
 read as follows : 
 
 § 5. If the said school officers of any county shall fail to nomi- 
 nate candidates for admission to said school, or if candidates duly 
 recommended and appointed shall fail to attend said school, then 
 the said Superintendent may appoint pupil teachers of other coun- 
 ties to fill such vacancies, and such appointees shall be entitled to 
 all the Brivilecces of the school free of charsre for tuition. 
 
 CHAP. 170. 
 
 AN" ACT in regard to the Normal and Training School of the 
 City of Oswego. 
 Passed March- 27, 1867; tliree-fiftlis being present. 
 The People of the State of JVeio York, represented in Senate 
 and Assembly, do enact as follows : 
 
 Section 1. The normal school building, with the grounds and 
 appurtenances in the city of Oswego, are hereby accepted as the 
 necessary buildings, grounds and other accommodations wjthin 
 the requirements of the act passed April fourteenth, eighteen 
 hundred and sixty-five, entitled "An act to amend an act for the 
 support of a training school for primary teachers," passed May 
 fourth, eighteen hundred and sixty-lhreeT And tlie common coun- 
 cil of the city of Oswego may, on w before the first day of May, 
 eighteen hundred and sixty-seven, convey to the State of New 
 York the said buildings with the grounds, apparatus, books, furni- 
 ture and appurtenances now occupied and used by the normal
 
 272 NoEMAL Schools. 
 
 and training school, to hold, use, occupy and jDOSsess the same, 
 Avliile they shall be used for the purposes of such school. And 
 such convej'ance shall be deemed a full compliance with the 
 requirements of the act first aforesaid, 
 
 § 2. The said normal and training school of the city of Oswego 
 shall thereupon be fully admitted to like privileges and appropria- 
 tions with the normal schools created by the act entitled " An 
 act in regard to normal schools," passed Aj^ril seventh, eighteen 
 hundred and sixty-six, and the provisions of said last named act, 
 after that requiring the acceptance by the commissioners therein 
 specified, shall apply to the said normal school of the city of 
 Oswego. 
 
 CHAP. 4.66. 
 AN ACT in regard to Normal Schools. 
 
 Passed April 7, 1866 ; three-fifths being present. 
 T/ie People of the State of Neio York, represented in Seriate 
 cmd Assembly, do enact as folloios : 
 
 Section 1. The Governor, the Lieutenant-Governor, the Secre- 
 tary of State, the Comptroller, the State Treasurer, the Attor- 
 ney-General and the Superintendent of Public Instruction, shall 
 constitute a commission to receive proposals in writing in regard 
 to the establishment of normal and training schools for the 
 education and discipline of teachers for the common schools of 
 this State from the board of supervisors of any county in this 
 State; from the corporate authoi-ity of any city or village ; from 
 the board of trustees of any college or academy, and from one or 
 more individuals. Such commission shall have power to accept 
 or refuse such proposals, but the number accepted shall not exceed 
 fourr Such proposals shall contain specifications for the purchase 
 of lands and the erection thereon of suitable buildings for such 
 schools, or, for the appropriation of land and buildings to such use, 
 and also the furnishing o|guch schools with furniture, apparatus, 
 books, and every thing n^Hlirj^to their support and management. 
 Such proposals may have^^'iew, either the grant and conveyance 
 of such land and premises to the State, or the use of the same for 
 a limited time, and for the gift to the State of furniture, apparatus, 
 books and other things necessary to conduct such schools.
 
 Normal Schools. 273 
 
 § 2. If the proposals made by any board of supervisors, or by 
 the corporate authorities of any city or village shall be accepted, 
 said board or corporate authorities shall have power to raise, by 
 tax, and expend, the money necessary to carry the same into effect ; 
 and if in their judgment it shall be deemed expedient, they shall 
 have power to borrow money for such purpose, for any time not 
 exceeding ten years, and at a rate of interest not exceeding seven 
 per cent, and issue the corporate bonds of said county, city or 
 village therefor. 
 
 § 3. When the said commission shall have accepted proposals 
 and determined the location of any one of such schools, and when 
 suitable grounds and buildings have been set apart and appro- 
 priated for such schools, and all needful preparations made for 
 opening the same in accordance Avith the proposals accepted, the 
 commission shall certify the same in writing, and then their power 
 under .this act in relation to such school shall cease, and there- 
 upon the Superintendent of Public Instruction shall appoint a 
 local board, consisting of not less than three persons, who shall 
 respectively hold their offices until removed by the concurrent 
 action of the Chancellor of the University and the Superintendent 
 of the Public Instruction, and who shall have the immediate 
 supervision and management of such school, subject, however, to 
 his general supervision and to his direction in all things pertaining 
 to the school. Such local board shall have power to appoint one 
 of their number chairman, and another secretary of the board. 
 Two-thirds of each of said boards shall form a quorum for the 
 transaction of business, and in the absence of any officer of the 
 board another member may be appointed pro tempore to fill his 
 place and perform his duties. It shall be the duty of such board 
 to make and establish, and, from time to time, to alter and amend 
 such rules and regulations for the government of such schools under 
 their charge respectively, as they shall deem best, which shall be 
 subject to the approval of the Superintendent of Public Instruc- 
 tion. They shall also severally transmitthrough him, and subject 
 to his approval, a report to the Lc^^Hure on the first day of 
 January in each year, showing the cOTWiion of the school under 
 their charge during the year next preceding, and which report 
 shall be in such form, and contain such an account of their acts 
 and doings as the Superintendent shall direct, including especially, 
 35
 
 274 Normal Schools. 
 
 an account in detail of their receipts and expenditures, which shall 
 be duly verified by the oath or affirmation of their chairman and 
 secretary. 
 
 § 4. It shall be the duty of the local board, subject to the 
 approval of the Superintendent of Public Instruction, to jjrescribe 
 the course of study to be pursued in each of said schools. It 
 shall be the duty of the Superintendent of Public Instruction to 
 determine what number of teachers shall be employed in each 
 school, and their Avages, whose employment shall also be subject to 
 his approval ; to order, in his discretion, that one or more of said 
 schools shall be composed exclusively of males, and one or more 
 of females; to decide upon the number of pupils to be admitted 
 to each of said schools, and to prescribe the time and manner of 
 their selection, but he shall take care in such selection to provide 
 that every part of the State shall have its proportionate represent- 
 ation in such school, as near as may be, according to population ; 
 but if any school commissioner district or any city shall not, for 
 any cause, be fully represented in either of said schools, then the 
 Superintendent of Public Instruction may cause the maximum 
 number of such pupils to be supplied from any part of the State, 
 giving preference, however', to those living in the county, city or 
 village where such school is situated. 
 
 § 5. All applicants shall be subject, before admission, to a pre- 
 liminary examination before such of the teachers of the school as 
 shall be designated by tlie local board for that purpose, and those 
 who pass such examination shall be admitted to all the privileges 
 of the school, free from all charges for tuition or for the use of 
 books or apparatus, but every pupil shall pay for books lost by 
 him, and for any damage of books in his possession ; any pupil 
 may be dismissed from the school by the local board for immoral 
 CI* disorderly conduct, or for neglect or inability to perform his 
 duties. 
 
 § 6. The Superintendent of Public Instruction shall prepare 
 suitable diplomas to be fl||ntcd to the students of such school 
 who shall have complctdf^PP; or more of the courses of study and 
 discipline prescribed ; and a diploTua signed by him, the chairman 
 and secretary of the local board, and the principal of the school, 
 shall be of itself a certificate of qualification to teach common 
 schools ; but such diploma may be annulled for the immoral con-
 
 Potsdam Normal School. 275 
 
 duct of its holder, in like manner as provided for the annulment 
 of a diploma of State normal school, in title two, chapter five 
 hundred and fifty-five of the Laws of eighteen hundred and sixty- 
 four. The provisions of this section shall be applicable to the 
 Oswego normal training school. 
 
 § V. The sum of twelve thousand dollars shall be annually, and 
 is hereby appropriated for the support of each of said normal 
 and training schools to he organized under this act, payable out 
 of the income of the common school fund, to be paid by the 
 Treasurer, on the warrant of the Comptroller, upon the certificate 
 of the Superintendent of Public Instruction aftixed to the proper 
 accounts, verified by the oath or affirmation of the local board of 
 each school ; but none of the money hereby appropriated shall be 
 paid for the purchase of any ground, site or buildings, for the use 
 of such schools. 
 
 CHAP. 6. 
 
 AN ACT in relation to the Normal School located at Potsdam, in 
 the County of St. Lawrence, pursuant to chapter four hundred 
 and sixty-six. Laws of eighteen hundred and sixty-six, and to 
 levy taxes for the purposes thereof. 
 
 Passed January 23, 1867 ; three-fifths being present. 
 The People of the State of Neio York, represented in Senate 
 
 and Assembly, do enact as folloics : 
 
 Section 1. The board of supervisors of the county of St. Law- 
 rence is hereby directed and required to levy and collect, upon the 
 taxable property of said county, in the manner provided by law 
 for the collection of taxes, the sum of twenty-five thousand dollars, 
 together with interest, at seven per cent per annum, as hcrc'inat\er 
 provided, to be so levied and collected in five equal annual install- 
 ments; the first installment, with interest on the full sum remain- 
 ing unpaid*, to be included in the tax for the present year, and one 
 of the remaining installments, with interest as aforesaid, to bo 
 included in the tax for each and every year thereafter until the 
 full sum of twenty-five thousand dollars, with interest as aforesaid, 
 is levied and collected, the said moneys to bo expended as herein- 
 after provided.
 
 21Q Potsdam Normal School. 
 
 § 2. And the said board of supervisors are hereby directed and 
 required to levy and collect, upon the taxable property of the town 
 of Potsdam, in the manner provided by law for the collection of 
 taxes, the sum of thirty-five thousand dollars, together with inter- 
 est, at seven per centum per annum, as hereinafter provided to be 
 60 levied and collected, in five equal annual installments ; the first 
 installment, with interest on the full sum remaining unpaid, to be 
 included in the tax for the present year, and one of the remaining 
 installments, with interest, as aforesaid, to be included in the tax 
 for each and every year thereafter, until the full sum of thirty-five 
 thousand dollars, with interest as aforesaid, is levied and collected, 
 the moneys to be expended as liereinafter provided. 
 
 § 3. The board of trustees of the village of Potsdam are hereby 
 directed and required to levy and collect upon the taxable prop- 
 erty of said village, in the manner provided by law for the collec- 
 tion of taxes therein, the sum of ten thousand dollars, together 
 with interest, at seven per centum per annum, as hereinafter pro- 
 vided, to be so levied and collected in five equal annual install- 
 ments ; the first installment, with interest on the full sum remain- 
 ing unpaid, to be included in the tax in said village for the present 
 year, and one of the remaining installments, with interest as afore- 
 said, to be included in the tax therein for each and every year 
 thereafter, until the full sum of ten thousand dollars, with interest, 
 as aforesaid, is levied and collected, the said moneys to be expended 
 as hereinafter provided, 
 
 § 4. The said moneys so* to be levied and collected upon said 
 county, town and village, or so much thereof as shall be necessary 
 for that purpose, shall be expended to prepare a site and to pro- 
 vide suitable buildings, to furnish apparatus, books and furniture, 
 for a normal and training school for the education and discipline 
 of the common school teachers of this State, said buildings to bo 
 located upon the land and premises situate in the village of Pots- 
 dam, described in the proposition of the trustees of St. Lawrence 
 academy, accepted by the commission appointed by chapter four 
 hundred and sixty-six, Laws of eighteen hundred and sixty-six, 
 entitled "An act in regard to normal schools," 
 
 § 5. Bloomfield Usher, T. Stratfield Clarkson, 2d, Hiram H. 
 Peck, Ilcnry Watkins, Erasmus D. Brooks and Charles Cox, are 
 hereby appointed a commission to prepare and improve the said
 
 Potsdam Normal School. ' 2 77 
 
 lands and premises, and provide suitable buildings thereon, and to 
 furnish pT'oper apparatus, books and furniture for the said normal 
 and training school at Potsdam, a majority of whom shall consti- 
 tute a quorum for the transaction of business. Such commission 
 shall have power to appoint from their number a chairman, secre- 
 tary and treasurer of said commission, and in the absence of any 
 oflScer of such commission, another member may be appointed, "pro 
 tempore^ to fill his place and perform his duty, and such commis- 
 sion may appoint such committee, and establish, and, from time 
 to time, alter and amend, such rules and regulations for its govern- 
 ment, in the discharge of its duties, as it shall deem best. In case 
 of the death, refusal to act, resignation, or removal from the county 
 of St. Lawrence, of any member of such commission, his successor 
 shall be appointed by a majority of the remaining members of such 
 commission. The Governor of the State may accept the resigna- 
 tion of any member of said commission upon the recommendation 
 of a majority of said commission, for good and sufficient cause. 
 Before entering upon the discharge of their duties, the members 
 of said commission hereby appointed, or a majority of them, shall 
 unite in joint and several bonds, with sufficient sureties to be 
 approved by the county judge of St. Lawrence county, one of said 
 bonds to the board of supervisors of St. Lawrence county, in the 
 penal sum of twenty-five thousand dollars; one of said bonds to 
 the town of Potsdam, in the penal sum of thirty-five thousand 
 dollars ; one of said bonds to " the village of Potsdam," in the 
 penal sum of ten thousand dollars ; each bond conditioned that 
 each and every of the said commissioners so executing the said 
 bond, and each and every of their successors to be appointed pur- 
 suant to this act, shall in all things faithfully discharge his duties, 
 and faithfully account for all moneys and securities received by 
 him as such commissioner. Upon filing the said bond to the 
 county of St. Lawrence with the treasurer of said county, and 
 iipon filing the said bond to the town of Potsdam with the town 
 clerk of said town, and upon filing the said bond to the village 
 of Potsdam with the clerk of the board of trustees of said villasxe, 
 the said commissioners so uniting in saia bonds shall be duly qual- 
 ified to act as such commissioners, and, in case a majority of the 
 persons herein named shall so qualify, they shall constitute such 
 commission, and shall proceed to appoint other commissioners in
 
 278 Potsdam Normal School. 
 
 the place and stead of those herehi named, who shall not have 
 united in said bonds. The obligors upon said bonds respectively 
 shall be liable for the acts and omissions of each and every of the 
 commissioners appointed, or who may be appointed, pursuant to 
 this act. And the said commission, before making an appoint- 
 ment of any commissioner, may require of him such security for 
 the faithful performance of his duty as it may deem proper. The 
 said commission shall be known as the commission to aid in the 
 establishment of a normal and training school at Potsdam, and, as 
 such, may enter into contracts, take security from members to 
 be appointed by it, and sue and be sued in the courts of this State ; 
 and executions may be issued upon any judgment obtained against 
 8uch commission, against the property of any or all of the persons 
 constituting such commission, or who may have constituted such 
 commission, leave to that effect being first obtained from the court 
 in which such judgment Avas rendered. 
 
 § 6. The treasurer of the county of St. Lawrence is hereby 
 directed and required to procure suitable blanks, and the said 
 treasurer, and the chaii'man of the board of supervisors of said 
 county, or in case of a vacancy in said chairmanship, then the 
 8aid treasurer and the county judge of said county are hereby 
 directed and required to issue the bonds of said county, with 
 interest coupons attached, in the form to be adopted by the said 
 treasurer and chairman, or, in case of a vacancy in the said chair- 
 manship, then by the said treasurer and the said county judge, for 
 the sum of twenty-five thousand dollars, the same to bear interest 
 at seven per centum per annum from date, such bonds for one- 
 fifth of said last mentioned sum to be payable with interest on 
 the first day of March, eighteen hundred and sixty-eight, and one- 
 fifth of said sura of twenty-five thousand dollars to be payable on 
 the first day of March, each year thereafter, until the full sum is 
 paid ; all of said bonds, except those due on the firsi day of March, 
 eighteen hundred and sixty-eight, to bear coupons for annual 
 interest, except for the interest falling due when such bonds ai'e 
 payable, to be payable on the first day of March each year. 
 
 § 7. The town clerk of the town of Potsdam is hereby directed 
 and required to procure suitable blanks, and the supervisor and 
 town clerk of said town are hereby directed and required to issue 
 the bonds of said town, Avith interest coupons*attached in the form
 
 Potsdam Normal School. 279 
 
 to be adopted by them, for the sum of thirty-five thousand dollars, 
 the same to bear interest at seven per centum per annum from 
 date ; such bonds for one-fifth of sucli last-mentioned sum, to be 
 payable Avith interest on the first day of January, eighteen hun- 
 dred and sixty-eight, and one-fifth of the said thirty-five thousand 
 dollars to be payable on the first day of January each year there- 
 after, until the full sum is paid. All of said bonds, except those 
 due on the first day of January, eighteen hundred and sixty-eight, 
 to bear coupons for annual interest, except for the interest falling 
 due when such bonds are payable, to be payable on the first day 
 of January each year. 
 
 § 8. The president of the board of trustees of the village of 
 Potsdam is hereby directed and required to procure suitable 
 blanks, and the president and clerk of said board of trustees are 
 hereby directed and required to issae the bonds of said village of 
 Potsdam, with interest coupons attached, in the form to be 
 adopted by them, for the sum of eight thousand dollars, the same 
 to bear interest at seven per centum per annum from date, said 
 bonds for one-fourth of said sum of eight thousand dollars, to be 
 payable with interest on the first day of April, eighteen hundred 
 and sixty-eight, and one-fourth of said sum of eight thousand dol- 
 lars to be payable on the first day of April each year thereafter, 
 until the full sum is paid ; all of said bonds to bear coupons for 
 annual interest, except for the interest falling due when such bonds 
 are payable, to be payable on the first day of April each year. 
 
 § 9. The said taxes in this act directed to be levied and col- 
 lected upon the county of St. Lawrence shall be paid to the 
 treasurer of said county, and applied by him to. the payment of 
 the bonds of said county herein directed to be issued, and the 
 interest thereon, as the same shall become due and payable ; and 
 the said taxes in this act directed to be levied and collected upon 
 the town of Potsdam shall be paid to the supervisor of said town, 
 and by him be applied to the payment of the bonds of said town 
 herein directed to be issued, and the interest thereon, as the same 
 shall become due and payable ; and the said taxes in this act 
 directed to be levied and collected upon the village of Potsdam 
 shall be paid to the treasurer of said village ;" and the tax for the 
 present year shall be paid by said treasurer to the said commission, 
 after the member^ thereof have vjualified as herein directed ; and
 
 280 Potsdam ISTormal School. 
 
 the remainder of said tax shall, each year, be paid to said treas- 
 urer, and by him be applied to the payment of the bonds of said 
 village herein directed to be issued, and the interest thereon, as 
 the same shall become due and payable. And immediately after 
 the commission constituted by this act shall have qualified as 
 herein provided, the said county, town and village authorities 
 herein directed to issue bonds in behalf of said county, town and 
 village, shall respectively deliver the said bonds so to be issued, 
 as aforesaid, to the said commission herein constituted; to be, by 
 the said commission, used and negotiated at not less than the par 
 value thereof, and the avails thereof applied by the said commis- 
 sion to prepare and improve the said land and premises, described 
 in the said proposition of the board of trustees of St. Lawrence 
 academy, to the said commission constituted by the said act, enti- 
 tled an act in regard to normal schools, to provide thereon suitable 
 buildings and to furnish apparatus, books, and furniture for one 
 of said normal schools at Potsdam ; provided that no building 
 shall be repaired or erected upon said land and premises until the 
 Attorney-General of this State shall certify in writing to such 
 commission, that the use of the said lands and premises, and the 
 buildings and erections thei'eon, so long as the same shall be used 
 for the purpose of a normal and training school, as contemplated 
 by the said act, in regard to normal schools, has been properly 
 secured to this State ; all which the Attorney-General of this State 
 is hereby required to certify in writing, to the commission consti- 
 tuted by this act, when such use of such lands and premises has 
 been properly secured to this State, according to the true intent 
 and meaning of, this act. In prejjaring and improving the said 
 lands and premises, and providing such buildings, the said com- 
 mission may tear down, remove, repair, reconstruct, or rebuild any 
 structure or building now on the said premises, and use the mate- 
 rials of which any of such buildings are composed in the construc- 
 tion of other buildings upon said lands and premises ; and they 
 may also incorporate any of the buildings upon said lands and 
 premises in additional buildings to be constructed thereon ; and 
 the said commission shall pay, to be applied upon the purchase- 
 money of the property included in said proposition of the board 
 of trustees of St. Lawrence academy, and known as the Presby 
 terian church property, such sum, not exceeding ton thousand dol
 
 Potsdam Nokmal School. 281 
 
 lars, as the Superintendent of Public Instruction shall certify the 
 said materials and buildings upon said premises to be Avorth, to be 
 used in providing the aforesaid buildings. The plans and specifi- 
 cations for the said buildings shall be approved by the said com- 
 mission constituted by chapter four hundred and sixty-six, Laws 
 of eighteen hundred and sixty-six. The commission constituted 
 by this act shall proceed diligently in the discharge of their duties, 
 under this act, and when the said buildings, and the furniture, 
 apparatus and books, provided for by this act, have been accepted 
 by said commission, so appointed by said chapter four hundred 
 and sixty-six. Laws of eighteen hundred and sixty-six, as provided 
 by said act, or within two years after the passage of this act, the 
 said commission hereby constituted shall account to the board of 
 supervisors of said county for the moneys and securities received 
 from the county of St. Lawrence, wliich board, upon such account- 
 ing, shall have power, upon examination of the accounts of such 
 commission, to approve of the same and discharge the said com- 
 mission from further liability, upon their said bond to said county. 
 And said commission shall account to the board of town audit, of 
 the town of Potsdam, for the moneys and securities received from 
 the town of Potsdam, which board, upon such accounting, shall 
 have power to approve of the account so to be rendered, and dis- 
 charge said commission from further liability, upon their said bond 
 to said town. And said commission shall account to the board of 
 trustees of the village of Potsdam for the moneys and securities 
 received from said village, which board of trustees, upon such 
 accounting, shall have power to approve of the account so to be 
 rendered, and discharge such commission from further liability, 
 upon their said bond to said village. 
 
 § 10. The amount in this act provided to be paid by the said 
 county, town and village, for the purposes in this act declared, 
 shall apply on the amount that shall be paid by the said county in 
 satisfaction of the proposition made by said board of supervisors 
 of said county to the said commission constituted by said act in 
 regard to normal schools, by resolution of said board of super- 
 visors, dated December eighteenth, eighteen hundred and sixty- 
 six, and the amount that shall be paid by the said town and vil- 
 lage of Potsdam, shall apply upon and toward the satisfaction 
 of the propositions of the board of trustees of said village to 
 36
 
 282 Beockpokt Normal School. 
 
 Baicl commission constituted by said act in regard to normal 
 schools. 
 
 § 11. Authority is hereby given to the board of supervisors of 
 the county of St. Lawrence, at any annual meeting thereof, to 
 repay to the town of Potsdam such portion of the tax hereby 
 imposed upon said town as such board of supervisors shall deter- 
 mine to be just and proper. And in case the moneys to be raised 
 as in this act provided shall be insufficient to complete such build- 
 ings and furnish such apparatus, books and furniture as herein 
 intended, the said board of supervisors, to s:ipply such deficiency, 
 may raise upon said county and paj'' over to the commission by 
 this act created a further sum, not exceeding ten thousand dollai's; 
 and for such purpose said board oi, supervisors may levy and col- 
 lect a tax upon said county, and issue county bonds representing 
 the same, as said board may determine necessary to carry out the 
 powers in this section given. 
 
 § 12. The Superintendent of Public Instruction may, if, in his 
 opinion, suitable buildings and rooms are provided at the village 
 of Potsdam for the accommodation of teachers and pupils of a 
 normal school, immediately after the commission by this act 
 created shall have become duly qualified, open and put in opera- 
 tion a normal and training school at said village, in pursuance of 
 this act, and of chapter four hundred and sixty-six of the Laws 
 of eighteen hundred and sixty-six. 
 
 CHAF. 21. 
 
 AN ACT in relation to the Establishment of a Normal and Train 
 ing School in the Village of Brockport. 
 
 Passed February 2, 1867 ; three-fiftlis being present. 
 
 The People of the State of JVeio Yo7'k, rejiresented in Senate and 
 Assembly, do enact as follows : 
 
 Sectiox 1. The trustees of the village of Brockport are hereby 
 authorized to levy from time to time, upon all the taxable property 
 in said village, taxes, not exceeding in the aggregate the sum of 
 fifty thousand dollars, in the same manner as other village taxes are 
 levied, for the purpose of aiding in the establishment of a normal 
 and training school in said village, and collect the same as other
 
 Bkocktoet Normal School. 283 
 
 village taxes are collected, and to use and disburse the moneys 
 thus obtained for the purpose above mentioned ; and the said 
 trustees shall have power, if they deem tlie same advisable, to 
 borrow money on the credit of said village and issue bonds there- 
 for, bearing interest at the rate of seven per cent per annum, the 
 aggregate amount not to exceed fifty thousand dollars, Avhich shall 
 not be sold or disposed of at less than their par value, for the 
 purchase of real estate and the assumption of any incumbrances 
 thereon, and to make contracts and incur liabilities in their corpo- 
 rate capacity, for the purpose aforesaid ; but the aggregate of all 
 such bonds, contracts and liabilities, together with the amount of 
 taxes levied and collected under the provisions of this act, shall 
 not exceed the sum of fifty thousand dollars. 
 
 § 2. The collector of said village shall execute such additional 
 bond as the said trustees shall determine for the faithful discharge 
 of his duties, in view of the increased responsibility arising under 
 this act, and the treasurer of said village, or other person into 
 whose custody or under whose control the said funds shall come, 
 shall, before receiving the same, also in like manner give bonds for 
 the faithful discharge of his duties. 
 
 § 3. The Superintendent of Public Instruction may, if in his 
 opinion suitable buildings and rooms are provided at the village 
 of Brockport, for the accommodation of teachers and pupils of a 
 normal school, open and put in operation immediately a normal 
 and training school at said village, in pursuance of chapter four 
 hundred and sixty-six of the Laws of eighteen hundred and sixty- 
 six ; but such power and discretion shall cease on the first day of 
 October, eighteen hundred and sixty-eight.
 
 284 Bbockpoet Normal School. 
 
 CHAP. 96 
 
 AN ACT to amend an act entitled " An Act in relation to the 
 Establishment of a Normal and Training School in the Village of 
 Brockport," passed February second, eighteen hundred and 
 Bixty-seven. 
 
 Passed March 19, 1867 ; tliree-fifths being present. 
 The People of the State of JVew York, represented in Senate 
 
 and Assembly, do enact asfolloios: 
 
 Section 1. The first section of an act entitled " An act to amend 
 an act entitled ' An act in relation to the establishment of a nor- 
 mal and training school in the village of Brockport,' " passed Feb-, 
 ruary second, eighteen hundred and sixty-seven, is hereby amended 
 so as to read as follows : 
 
 § 1. The trustees of the village of Brockport having made pro- 
 posals to the commission appointed by chapter four hundred and 
 sixty-six of the Laws of eighteen hundred and sixty-six, for the 
 establishment of a normal and training school in the village of 
 Brockport in the county of Monroe, pursuant to said act, which 
 proposals have been accepted by said commission, the said trustees 
 of the village of Brockport are hereby authorized, directed and 
 empowered to carry said proposals into effect, and raise the moneys 
 necessary for that purpose ; and to that end to levy and collect 
 taxes from time to time as they shall deem necessary, and assess 
 or cause the same to be assessed to and upon the persons and 
 property subject to taxation in said village, but not exceeding the 
 sum of fifty thousand, dollars in the aggregate, and to make con- 
 tracts and incur liabilities in their corporate capacity ; and also, if 
 in their judgment it shall be deemed expedient, to borrow money, 
 for any time not exceeding ten years, on the credit of said village, 
 and issue the corporate bonds therefor ; and to issue such bonds 
 for the purchase of real estate and the assumption of any incum- 
 brances thereon, or for any liabilities incurred in their corporate 
 capacity, for the aforesaid purpose ; but such bonds shall not be 
 disposed of at less than their par value; the rate of interest 
 thereon shall not exceed seven per cent; and the aggregate of all 
 such bonds and liabilities shall not exceed fifty thousand dollars. 
 "VYhencver the said trustees shall levy any tax for any of the pur- 
 poses aforesaid, the same shall be assessed and apportioned by
 
 Bbockport Normal School. 285 
 
 them to and upon the persons and property subject to taxation in 
 said village, according to the valuations of such property in the 
 last completed assessment roll of said village, made prior to the 
 levying of such tax, as the same shall be corrected and revised by 
 such trustees ; and they shall correct and revise the same, as near 
 as may be, according to the facts, as often as they shall levy any 
 such tax. And all taxes levied and assessed under the provisions 
 of this act, shall be collected in the same manner as other taxes in 
 said village ; shall be a lien in the like cases and in like manner, 
 and the trustees and collector for the time being shall respectively 
 have all the powers in relation thereto and for the collection of 
 the same which are given for the collection of taxes by the act 
 entitled " An act to condense and amend the several acts relating 
 to the village of Brockport," passed April ninth, eighteen hundred 
 and fifty-two. 
 
 CHAF. 571. 
 
 AN" ACT to provide for raising Money to aid in the Establishment 
 of a Normal School at Brockport. 
 
 Passed April 23, 1867 ; three-fifths being present. 
 
 The People of the State of New Yorh^ represented in Senate 
 and Assembly^ do enact as follows : 
 
 Section 1. The supervisors of the county of Monroe are hereby 
 authorized to appropriate moneys to aid in the establishment of a 
 normal and training school at Brockport, in said county, and levy 
 and collect the same by tax, in the same manner as other county 
 taxes are levied and collected. 
 
 § 2. Any of the towns in said county, by a vote of a majority 
 of the electors thereof p'resent at any annual or special town 
 meeting therein, duly called by the town board of said town for 
 that purpose, may appropriate moneys to aid in the establishment 
 of such normal and training school, and the same shall thereupon 
 be added, by the supervisors of the county, to the tax of such 
 town, for that year, or that and subsequent years, by installment, 
 and collected in the same manner as other town taxes.
 
 286 Geneseo NoemAl School. 
 
 CHAF. 195. 
 
 AN ACT in relation to the Establishment of a Normal and Train- 
 ing School in the Village of Geneseo, to be called " The Wads- 
 worth Normal and Training School." 
 
 Passed March 29, 1867 ; three-fifths being present. 
 The People of the State of JVeio York, represented in Senate 
 and Assembly, do enact as follows : 
 
 Section 1. The electors of the town of Geneseo, in the county 
 of Livingston, are hereby authorized to vote, at the next annual 
 town meeting held therein, or at a special town meeting called for 
 the purpose, in the manner now provided by law for holding 
 special town meetings, on the question of raising money (not 
 exceeding one hundred thousand dollars), by assessing tlie real 
 and personal property of the inhabitants of said town, by the board 
 of supervisors of said county, to aid in the erection and furnish- 
 ing of normal and training school building or buildings, in said 
 town of Geneseo, to be called "The Wadsworth normal and train- 
 ing school," and the supervisor of the town of Geneseo is hereby 
 authorized to borrow money on the credit of said town, and issue 
 bonds for such sums as shall have been voted to be raised, bearing 
 interest at the rate of seven per cent per annum, payable annually, 
 the aggregate amount of said bonds not to exceed the sum which 
 shall have been so voted, and which shall not be sold or disposed 
 of at less than their par value, which said bonds shall become due 
 and payable in ten equal annual installments, the last of said 
 installments to become so due and payable Avithin ten years after 
 the passage of this act. 
 
 § 2. It shall be the duty of the board of town auditors of the 
 town of Geneseo, at their annual meeting in the fall of each year, 
 to include in their certificate of their town audit, the same as any 
 other town charge or liability, so much of the sum which shall have 
 been so voted, and interest thereon, as shall become due within 
 one year next thereafter; and the same shall be levied by the 
 board of supervisors of said county, upon the taxable property 
 of said town and collected in the same manner as other town 
 expenses, 
 
 g 3. It shall be the duty of the supervisor of the said town of 
 Geneseo, before doing any act hereby authorized, to execute his
 
 Geneseo Noemal School. 287 
 
 bond with one or more sureties, to be approved by the county 
 clerk and filed with him, conditioned for the faithful discharge of 
 his duties in relation to said moneys so raised for such normal and 
 training school, and that he will pay the same over to the person 
 or persons legally entitled thereto, and duly account for the same 
 as for other town moneys received by him as supervisor. 
 
 § 4. The Superintendent of Public Instruction may, if in his 
 opinion suitable temporary buildings and rooms are provided in 
 the village of Geneseo for the accommodation of teachers and 
 pupils of a normal school, put in operation a normal and training 
 school in such temporary buildings in said village, to be called 
 "The Wadsworth normal and training school," and for such 
 purpose he may appoint a local supervising board for such school, 
 who shall have all the powers and be subject to the same restric- 
 tions as the local boards appointed for the normal schools located 
 by chapter four hundred and sixty-six of the Laws of eighteen hun- 
 dred and sixty-six. 
 
 § 5. This act shall be taken and construed as locating and 
 authorizing the establishment of a normal and training school at 
 the village of Geneseo, to be called " The Wadsworth normal and 
 training school," which school shall have all the rights, appropri- 
 ations of money and privileges of either of the normal and training 
 schools authorized by chapter four hundred and sixty-six of the 
 Laws of eighteen hundred and sixty-six, and to be subject to the 
 Bame control and supervision, rules and regulations ; and the pro- 
 visions of said chapter four hundred and sixty-six, so far as the 
 same are consistent with this act, and the provisions thereof, are 
 hereby applied to the normal and training school hereby author- 
 ized and located. 
 
 § 6. The following three persons, namely, Craig W. Wadsworth, 
 John Rorbach and Lockwood L. Doty, are hereby constituted and 
 appointed a commission, and are hereby authorized to locate and 
 procure the site for, and to procure to be erected and furnish the 
 buildings, fixtures and appurtenances necessary and pro2)er for 
 Buch normal and training school, and said commissioners, or a 
 majority of them, are hereby authorized to give and make, or 
 cause to be given and made, any and all necessary transfer of 
 property to the State for the use and benefit of such normal and 
 training school, which may be required by law ; and upon their
 
 288 Fkedonia Normal School. 
 
 order, or upon the order of a majority of said commission, the 
 said supervisor is hereby authorized and required to pay over the 
 moneys which he may have received for the purposes of such 
 normal and training school. 
 
 § 7. The board of supervisors of the county of Livingston are 
 hereby authorized, by resolution or otherwise, to cause to be 
 raised, levied and collected upon the taxable property of such 
 county, such sum or suras of money, not exceeding one hundred 
 thousand dollars, as such board may deem proper, to aid in paying 
 the necessary charges and expenses incurred in the establishment 
 of such normal and training school at Geneseo. 
 
 § 8, This act shall take effect immediately. 
 
 CHAP. 223. 
 
 AN ACT in relation to the Establishment of a Normal and Train- 
 ing School in the Village of Fredonia, Chautauqua county. 
 Passed March 30, 1867 ; three-fiftlis being; present. 
 
 The People of the State of New YorJc^ represented in Senate and 
 Asseinbly, do enact as follows : 
 
 Section 1, The trustees of the village of Fredonia are hereby 
 authorized to assess and collect from time to time, upon all the 
 taxable property in said village, taxes not exceeding in the aggre- 
 gate one hundred thousand dollars, in the same manner as other 
 village taxes are assessed and collected, for the purpose of estab- 
 lishing a normal and training school in said village, and to use 
 and disburse the money thus obtained for the purpose above men- 
 tioned ; and the trustees shall have power, if they deem the same 
 advisable, to borrow money on the credit of said village, and issue 
 bonds therefor, bearing interest at the rate of seven per cent per 
 annum, the aggregate amount not to exceed one hundred thou- 
 sand dollars, and which shall not be sold for less than their par 
 value, for the purchase and improvement of the site, and for erect- 
 ing school buildings thereon for said normal and training school, 
 with departments for academical, experimental and practicing 
 schools, and for furnishing the same with all needful school furiii- 
 ture, apparatus and books, and to make contracts and incur 
 liabilities in their corporate capacity, for the purposes aforesaid.
 
 COETLAXDYILLE NOEilAL ScHOOL. 289 
 
 But the aggregate of all such bonds, contracts and liabilities, 
 together with the amount of taxes assessed and collected under 
 the provisions of this act, shall not exceed the sum of one hundred 
 thousand dollars. 
 
 § 2. The collector of said village shall execute such additional 
 bonds as the said trustees shall approve, and in a sum of double 
 the amount, to be collected in any one year, for the faithful dis- 
 charge of his duties in view of the increased responsibility arising 
 under this act. And the treasurer of said village, or other person 
 into whose custody, or under whose control, the said funds shall 
 come, shall, before receiving the same, in like manner and amount, 
 give bonds for the f\\ithful performance of his duties. 
 
 § 3. The Superintendent of Public Instruction may, if in his 
 opinion suitable buildings and rooms are provided at the village 
 of Fredonia, for the accommodation of teachers and puj^ils of a 
 normal school, prior to the completion of the buildings aforesaid, 
 open and put in operation at any time a normal and training 
 school at said village, in pursuance of chapter four hundred and 
 sixty-six, of the Laws of eighteen hundred and sixty-six, and for 
 this purpose he may appoint the local board to take charge of such 
 school, provided for in said act, at any time. 
 
 § 4. This act shall take effect immediately. 
 
 CHAP. 199. 
 
 AN ACT in relation to raising Moneys in the Town of Cortland- 
 ville, in the County of Cortland, for the Purpose of aiding in the 
 Erection and Furnishing of a Normal School Building in said 
 Town. 
 
 Passed Marcli 30, 1867 ; tkree-fifths beinor present. 
 
 The People of the State of Nexc YorJc^ represented in Senate and 
 Assembly, do enact as follows : 
 
 Section 1. The electors of the town of Cortlandville, in the 
 county of Cortland, are hereby authorized to vote at the next 
 annual town meeting held therein, or at a special town meeting, 
 called for the purpose, in the manner now provided by law for 
 holding special town meetings, on the question of raising money 
 (not exceeding fifty thousand dollars in amount), by assessing the 
 37
 
 290 CORTLANDVILLE NoEMAL SCHOOL. 
 
 real and personal proj^erty of the inhabitants of said town, by 
 the board of supervisors of the county of Cortland, to aid in tho 
 erection and furnishing of a normal school building in said town 
 of Cortlandville, as located by the commissioners, under chapter 
 four hundred and sixty-six of the Laws of eighteen hundred and 
 sixty-six. 
 
 § 2. The board of supervisors of the county of Cortland are 
 hereby directed and required to levy and collect upon the taxable 
 property of the said town of Cortlandville, in the manner provided 
 by law for the collection of taxes, the sum Avhich shall have been 
 voted to be raised by the electors of said town, under the first 
 section of this act, which sum shall be so levied and collected in 
 such installments and at such times as shall be determined upon 
 by the electors of said town, at said annual or special town meet- 
 ing, to be expressed by a resolution passed at such meeting. 
 
 § 3. The supervisor of the town of Cortlandville is hereby 
 directed and required to procure suitable blanks, and to issue the 
 bonds of said town, signed by the supervisor thereof, with interest 
 coupons attached, in the form to be adopted by him, for the sum 
 which shall have been voted as aforesaid to be raised, bearing 
 interest at the rate of seven per cent per annum, from the date 
 thereof; such bonds to be issued in such separate sums and 
 payable at such times as shall be determined upon by the electors 
 of said town, by a resolution passed at the town meeting aforesaid. 
 
 § 4. The taxes in this act directed to be levied and collected 
 shall be paid to the treasurer of the corporation of Cortland 
 village, and by him be applied to the payment of the bonds of 
 said town, herein dii'ected to be issued, and the interest thereon, 
 as the same shall become due and payable. 
 
 § 5. The supervisor of said town shall deliver the bonds to be 
 issued as aforesaid, to the board of trustees of Cortland village 
 aforesaid, to be by them used and negotiated at not less than the 
 par value thereof, and the avails a{)plied by them toward the 
 erection of said normal school building, and to supply the same 
 ■with the necessary apparatus, books and furniture, and Avhich 
 trustees shall give security to be approved by the county judge, 
 for the faithful application of the avails of said bonds, pursuant to 
 this act. 
 
 § 6. This act shall take effect immediately.
 
 Buffalo Noumal School. 291 
 
 CHAr*. 583. 
 
 AN ACT to amend the Act entitled " An Act in regard to Normal 
 Schools," passed April seventh, eighteen hundred and sixty-six, 
 and providing for a Xormal and Training School in the City of 
 Buffalo. 
 
 Passed April 23, 1867 ; three-fifths being present. 
 The People of the State of JVeio York, rejyresented in Senate 
 
 and Assembly, do enact as follotos : 
 
 Section 1, The commissioners named in the first section of the 
 act entitled " An act in regard to normal schools," passed April 
 seventh, eighteen hundred and sixty-six, and of which this act is 
 an amendment, shall be and they are hereby authorized, in their 
 discretion, to accept the proposals which were made to them under 
 the provisions of the said act, for the location of a normal and 
 training school in the city of Buffalo, or any additional or other 
 I^roposals which may be made in respect thereto ; and, upon the 
 acceptance of such proposals, all and every of the provisions of 
 the said act shall apply to said normal and training school, and the 
 location, establishment, conduct and maintenance thereof, and shall 
 have full force and effect in respect thereto and to all matters con- 
 nected therewith, in the same manner and with the like effect, as 
 though the said jiroposals had been duly accepted according to and 
 under the provisions of said act; and all acts, resolutions and pro- 
 ceedings of the common council of the city of Buffalo, and of the 
 board of supervisors of the county of Erie, in respect to the loca- 
 tion or establishment of a normal and training school in said 
 city, are hereby confirmed and made effectual for the purposes 
 intended, in the same manner, and with the like effect, as if a nor- 
 mal and training school had been duly located in said city by the 
 acceptance of proposals therefor under the provisions of said act. 
 
 § 2. This act shall take effect immediately.
 
 292 Indigent Deaf Mutes. 
 
 CHAJ?. 725. 
 
 AN ACT to increase the Compensation authorized by the Act 
 entitled " An Act to provide for the Care and Education of 
 Indigent Deaf Mutes under the Age of Twelve Years," passed 
 April twenty-fifth, eighteen hundred and sixty-three. 
 
 Passed April 24, 1867. 
 The People of the State of Neio YorJc, represented in Senate and 
 
 Assembly^ do enact as follows : 
 
 Section 1. The expenses for the board, tuition and clothing of 
 the children under the age of twelve years, placed in the New 
 York institution for the insti'uction of the deaf and dumb, pursu- 
 ant to the provisions of the third and fourth sections of chapter 
 three hundred and twenty-five, Laws of eighteen hundred and 
 sixty-three, shall, until otherwise directed by law, be estimated at 
 the rate of two hundred and thirty dollars j)er capita, instead 
 of the amount therein provided. 
 
 § 2. This act shall take elFect on the first of September, eighteen 
 hundred and sixty-seven.
 
 DIGEST OF DECISIONS 
 
 STATE SUPERINTENDENTS. 
 
 APPEALS. 
 
 It is a rule of this department, that all acts of school district officers will be regarded as 
 regular unless duly appealed from. 
 
 This appeal is brought from the proceedings of a special meeting held in 
 district No. 9, Preble and Scott, August 5, 1848, for the purpose of receiving 
 the report of Elam Dunbar, as trustee of said district, the said Dunbar having 
 resigned his office in December, 1847. 
 
 It is immaterial whether the meeting of August 5, 1848, which received and 
 accepted the report of Mr. Dunbar, was regular or not. His report and the 
 complaints made against him were of acts preA^ious to the meeting of Decem- 
 ber, 1847, at wliich he resigned, and at which his report should have been 
 made and accepted. 
 
 It is a rule of this department, that all acts and proceedings of school officers 
 will be regarded regular unless duly appealed from. Whatever, therefore, 
 may have been the neglect of duty of Mr. Dunbar while in office, provided he 
 has not rendered himself liable by sqitandering or losing moneys belonging to 
 the district, he will be regarded as having discharged his duties faithfully. 
 
 Appeal dismissed. Per Morgan, January 24, 1849. 
 
 It is the policy of the department to discourage the bringing of appeals for light and trifling 
 
 causes. 
 
 It is the policy of the department to discourage the bringing hither of appeals 
 for light and trifling causes. There should be some real grievance, some posi- 
 tive and serious injury sustained, to justify a resort to tliis department for 
 redress. Per E. W. Keyes, Deputy Superintendent, February 15, 1859. 
 
 The Superintendent of Public Instruction will not entertain appeals in relation to flues and 
 penalties. The imposition of lines and penalties belongs to the courts of law. 
 
 This appeal is brought for the purpose of fixing upon the school commis- 
 sioner the responsibility for the loss, by the district, of the public moneys 
 to which they would have been entitled "had twenty-eight weeks' school been 
 taught therein l)y a duly qualified teacher, and to compel said commissioner 
 to make good such lo.ss to the district, in accordance with the provisions of sec- 
 tion 1 of title 13 of the general scliool law. The Su])(!rintendent lias invari- 
 ably refused to assume jurisdiction of cases in the nature of a prosecution for 
 the recovery of a fine or penalty, and he will not vary his rule in the present 
 instance. If, by Mr. Tozer's neglect, the district has lost money which they 
 otherwise would have received, ample redress will be given by the courts of
 
 294 Appeals. 
 
 law having jurisdiction of the case. The Superintendent has no power to 
 direct tlio payment by any person of money other than the public money, or 
 that belono-ing- to the district; consequently it belongs to the regular courts 
 of law to enforce the j^ayment of fines and penalties, and hence this appeal 
 must be and hereby is dismissed. Per V. M. Rice, June 6, 1866. 
 
 Appeals from tax list? must be brought by the party considering himself aggrieved, imme- 
 diately upon becoming apprised of the existence of such tax list. A delay until collection 
 is enforced by levy and sale will be fatal. 
 
 On the appeal of J. S. B., one of the trustees, from the action of his associate 
 trustees in the matter of the levy and sale of the appellant's ytroperty to satisfy 
 a tax levied against him, the facts go to show that the tax list upon the appel- 
 lant was assessed, and the warrant under which his property was sold, were 
 made out by the two trustees without consultation with the appellant. 
 
 The appellant occupies a relation to this question which no other inhabitant 
 does. lie was one of the trustees, and as such, was bound to counsel with 
 and advise his associates of any error in their proceedings as soon as apprised 
 of it, and if they refused to accept or act upon his advice, then he should seek 
 to bring the matter in dispute to the earliest and simplest possible adjudication. 
 If he fails to do this, he may be found to have acquiesced in the proceedings, 
 and to have waived his personal rights in the matter. 
 
 Had he refused to waive his rights, and brought an appeal from the proceed- 
 ing of his associates at a time when the proper order could have been made for 
 revision and correction of the tax list, the Superintendent would have felt 
 bound to make such an order. But he neglected the equitable remedy, and 
 waited until his property had been sold, and until the proper remedy for him 
 was a legal remedy, and then asks for the eqititable interference of the Super- 
 intendent. In my judgment it is too late. The appellant has himself suflFered 
 his caitse to go beyond the jurisdiction of the Superintendent, and must, there- 
 fore, abide by the result of his neglect. Per E. W. Keyes, Deputy Superin- 
 tendent, May 18, 1864. 
 
 Appeal disregarded for vagueness of statement. 
 
 The appellants are tmfortunate in so expressing themselves as to leave all 
 the material facts which they seek to establish, to be inferred only. There is 
 hardly a distinct, emphatic assertion from the beginning to the end of the 
 appeal. Their diagrams give me no idea of the situation of the district, or of 
 the property set off — and generally their statements, or what they claim and 
 intend as such, are vaguely and indefinitely hinted. 
 
 For these reasons 1 am unable to know and understand, still less to consider 
 the merits involved, and the appeal must, therefore, be dismissed. Per E. W. 
 Keyes, Deputy Superintendent, August 2, 1864. 
 
 Appeals to this department will not be considered unless they are legible and intelligible in 
 
 statement. 
 
 It is iTjdispensable that appeals to the Superintendent should be legible and 
 intelligible. A nrian is not to be blamed for his inability to prepare an appeal 
 in such form that it will answer these conditions ; it is only his misfortune, 
 and he is tliereby compelled to procure the assistance of some one who is able 
 to express himself with some measure of clearness. Per E. W. Keyes, Deputy 
 Superintendent, April 24, 1864. 
 
 The department will not entertain questions of controversy that are at issue before the 
 
 civil courts. 
 
 Where the questions at issue in a matter of appeal to this Dejiartment were 
 before the civil courts for adjudication, held, that it would be altogether 
 improper for this department to seek to forestall the action and judgment of 
 tlic court, when it lias knowledge of the pendency of the action before that 
 tribimal. Per V. M. Rice, Superintendent, December 1, 1863.
 
 Appeals, 295 
 
 Equitable relief cannot be afforded where the same is contrary to law. 
 
 On an appeal from the refusal of the trustees to pay a portion of the public 
 money to one B., who taught the district school durino^ a portion of the winter, 
 it appears that two of the trustees, a<rainst the advice and without the consent 
 of the third, hired one J. P. to teach tlie district school during the winter term. 
 The siud J. P. having proved incompetent to teach, the scliool was closed, and 
 the majority of the trustees refused to hire another teacher unless the inhabit- 
 ants would agree to become responsible for his wages. This they refused to 
 do, and, at their request, the tliird trustee, without consultation with his 
 associates, hired the said B. to teach the school the remainder of the term. He 
 taught according to agreement, but tlie majority of the trustees refuse to 
 acknowledge the legality of this proceeding, or to pay any part of the wages 
 thus earned. 
 
 The action of the trustees in refusing to pay B. cannot be impeached. 
 Wliatcver wrong they may have done, the said B. was illegally liired, and has 
 no claim upon them. Even though, under the circumstancesi, the department 
 should find that the justice and equity of tlie case were with the appellants, 
 still equitable relief can be aflbrded only when there is some legal claim. 
 Equity follows law ; it cannot be enforced in opposition to law. Here there is 
 no legal claim upon which equitable action can be predicated. The department 
 has no power to compel the trustees to do what the law does not require them 
 to do. Per V. M. Pace, Superintendent, June 10, 1S62. 
 
 If commissioners witlihold assent to raise a tax for building a school-house larger than 
 §400 ($1000),* their refusal is subject to review upon appeal. 
 
 The inhabitants of the village of Cuba had been united in one district by 
 the consolidation of two others. They had been offered a site for a school- 
 house, in a central and commodious location, upon the sole consideration that 
 they should erect upon it a house worth $800. They unanimously voted to 
 accept the site and raise the tax, and ai)plied to the school commissioners for 
 consent to levy that sum. Consent was refuseJ on the ground that the con- 
 solidation of the districts would be the means of breaking up the select scliool 
 hitherto maintained in the district, and, further, that the inhabitants were 
 unable to bear the increased burdens of such an organization. 
 
 The commissioners have a discretionary power to grant or refuse their con- 
 sent. But in this case it was not wisely exercised. They were bound to have 
 a stronger interest in tlie improvement of tlie common schools than in the wel- 
 fare of a private select school. The inhabitants, who ought to understand 
 their own interests, and know their pecuniary resources, had unanimously 
 resolved to raise the tax and shoulder the burden of the new organization. 
 The commissioners ought not to assume that they had overestimated their 
 ability. 
 
 Tlie majority of the inhabitants of a district may consist of persons destitute 
 themselves of pecuniary resources, and desirous to avail themselves of the 
 property of the minority to build an unnecessarily costly school-house for the 
 district. The check, which the commissioners possess, to abuses like this, is 
 wise and salutary, and that check was undoubtedly conferred with a view to 
 the possible liapi)ening of cases of this description. 
 
 The discretion exercised in this case, lilce tliat of granting or refusing a cer- 
 tificate to a teacher, is the subject of appeal. Tlie authority of the Superin- 
 tendent upon appeal extends to all matters arising under the school laws. His 
 decisions have been treated as conclusive by the courts, and acquiesced in by 
 th(; Legislature and the people. 
 
 Tlie commissioners were ordered to give their consent to the tax of $800. 
 Per Spencer, July 19, 1841. 
 
 * The amount which a district might vote for the parchase of a site was first fixed at 
 $400, subsequently raised to $S00, and is now $1000.
 
 296 Appeals. 
 
 Subsequently the same case caine vip a second time, on the refusal of the 
 commissioners to obey the order of the Superintendent. The previous decision 
 was siistained and enforced in an elaborate ojiiuion, from which we take the 
 portions treating of discretionary powers, and the appellant jiuisdiction of the 
 school department. 
 
 " The discretion of public officers is a lega^ one, to be governed by sound 
 principles, and not by the capricious whim of the individual, and the instances 
 are frequent where courts of law regulate and direct the exercise of discre- 
 tionary power by officers, where third persons have an interest in such exer- 
 cise. The only discretion which courts do not undertake to control is that 
 which, according to Justice Sutherland (5 Wendell, 125), ' is not and cannot be 
 governed by any fixed principles and rules.' Few matters would seem more 
 susceptible of the application of fixed rules than the size of a school-house 
 necessary to accommodate properly a given number of children, the amount 
 of money required for its construction, and the ability of a district to raise a 
 given sum. So that, even upon any of the ordinary processes of law, this 
 would be a case where the discretionary power of commissioners could be reg- 
 ulated and controlled. But when we consider that a tribunal has been erected 
 for the express puqDose of supervising all the officers engaged in the adminis- 
 tration of the common school system ; that there is scarcely an act to be per- 
 formed by them which does not involve more or less discretion, and that an 
 appeal is given from all these acts in the most comprehensive terms ; we seo 
 at once that the rules which would govern legal proceedings on common law 
 process are not the proper guides, and that we must recur to broader and more 
 enlarged principles. 
 
 " The word ' appeal ' comes from the civil law, and its nature and office is to 
 substitute the appellate tribunal for that whose acts are examined ; and, if the 
 case be one involving discretion, then the appeal invokes that very discretion 
 in the superior, in the same manner and to the same extent that it was pos- 
 sessed by the inferior. ' The cause is in the appellate court,' says the supremo 
 court of the United States, in 1 Wheuloii 112, 'as if it were in the inferior 
 court.' 
 
 "The great majorit_y of cases decided in this department are those involving 
 more or less discretionary power. 
 
 " The statute itself enumerates many cases that are entirely of a discre- 
 tionary character. The decisions of district school meetings upon any subject 
 upon which they are competent to act, such as the designation of the site of a 
 school-house, the amount of money to bo raised by tax, and the omission to 
 levy taxes, involve large discretion, but are nevertheless subject to appeal l)y 
 the express words of the law. The formation and alteration of school districts 
 must be guided l)y a sound judgment upon various facts and circumstances, 
 such as the number of children, tlu' amount of taxable property, the extent of 
 territory, and tlie convenience of the inhabitants. Some fixed rules may be 
 applied, but in many cases the decision must depend ou general ideas of the 
 propriety and fitness of things. 
 
 " Among cases not enumerated, and which fall within the fourth subdivision 
 of the section conferring the right of ajjpeal, the following are of daily occur- 
 rence, viz. : The granting or refusing a license to a teacher ; the valuations of 
 sclioolliouses or otlier jfroperty on the formation of new districts; the refusal 
 of trustees to call special meetings, to emphjy teachers, or to keep the schools 
 oyien, and the employnnjnt and dismissal of teachers; the government of the 
 ecluxd ; the admittance and exjjulsion of scholars, etc. Indeed it would be 
 difficult to specify a single act which any offic(;r concerned in the administra- 
 tion of the system may perform, that has not been the subject of appeal. 
 
 "The present case i)resents less opjiort unity for the exercise of discretion 
 than many of those above enuYnerated. The expense of a school-house must 
 depend upon its size and materials. Its sizt;, the numl>er of moms, and tlio 
 proper conveniences, will depend upon the number of eliildn-n in the districi; 
 of the proper age to occupy it. The only other element for consideration is
 
 Appeals. 297 
 
 tlie ability of the district, a fact easily ascertained from the assossment roll. 
 Tliere is, therefore, nothincf in the nature of tlu; decision to be made, to prevent 
 its beinfj reviewed and examined npon fixed and settled principles. 
 
 " So far as our laws afford any analojry in cases of api)eal, there does not 
 appear to bo any distinction between discretionary and other cases. Thus, 
 apjjcals to county judtres from commissioners of highways, respecting tlio 
 opening, altering and discontinuing of highways, necessarily involve that 
 discretion which depends on private judgment. 
 
 " UjKjn the most mature deliberation, then, I cannot doubt that the granting 
 or refusing of a certificate, that a larger sum than $400 should be raised for 
 building a school-house, is necessarily the subject of an appeal to the Superin- 
 tendent. And as, in all cases of a])peal, the. statute declares his opinion to bo 
 ' final,' there must be somi! mode of giving it effect. In the present case, 
 the commissioners decline obedience to the order directing them to grant the 
 required certificate. From that refusal an appeal has been made, and the 
 commissioners have answered. The whole system must be very defective if 
 tliere be no power to have an act performed which the competent tribunal has 
 detennined to be legal and proper, rerhajis the appellants may enforce the 
 order of the Superintendent, by an application to the supreme court for a man- 
 damus. •- 
 
 " But, if there be a more direct, simple and less expensive remedy, I am 
 bound to pursue the policy of the statute in erecting this tribimal, by furnish- 
 ing it. I think there is. It is a universal principle, recognized in England 
 and in this country, that the court to which a writ of error or an appeal is 
 brought is boimd to render the judgment which the inferior tribunal should 
 have rendered. Upon this principle, this department may authorize the inhab- 
 itants of the district, at a lawful meeting, to raise the additional sum neces- 
 sary for building a new school-house, that being the judgment or decision 
 which, in the opinion of the Superintendent, the commissioners should have 
 made. I find an order of my immediate predecessor, founded on this principle, 
 and analogous to the one proposed to be made on this appeal, in the case of the 
 trustees of school district No. 30, in Johnstown, in Common School Decisions, 
 page IGl. The inhabitants of the district had authorized the trustees to make 
 sucli repairs to the school-house as they should think necessary and proper, 
 and, in pursuance of such authority, they had contracted with a workman to 
 make the repairs, and agreed to pay him $oO. But the district refused to vote 
 more than §25. On appeal, the Superintendent, Mr. Dix, held that the district 
 was bound to indemnify the trustees ; and he ordered that the trustees should 
 make out a tax list for tite whole amount and collect it." 
 
 In pursuance of this opinion, the district was authorized to raise a tax of 
 $400, over and above the $400 which the district could otherwise raise, and 
 tlie trustees were empowered to levy and collect it. Per Spencer, September 
 18, 1841. 
 
 What questions are to be decirled by the department in reviewing the action of local boards 
 altcrinj,' the boundaries of districts. 
 
 In reviewing the action of local boards in altering the boundaries of dis- 
 tricts, the department cannot treat the questions as though it had original 
 jurisdiction. The question is not " What would the department have done, 
 iiad it been called originally to act?" but, rather, " Has the action of the local 
 board been so far a departure from what is legal, consistent or just, as to 
 demand a reversal of its proceedings?" This only is the department called 
 upon to decide. Per E. W. Keyes, Acting Superintendent, May 31, 18G1. 
 
 An appeal from corrections in a tax list made at the sustcfestion and desire of the appellant 
 will not be sustained. Tax lists must be made out from the last assessment roll, other- 
 wise they are not valid. 
 
 This is an appeal from the acts of the tru.stees in making out two tax lists, 
 and in proceeding to enforce the collection of the same. 
 
 38
 
 298 Appeals. 
 
 The objection to the first of these tax lists is insufficient to estahlish its 
 invalidity. The complaint that the trustees corrected it upon his suo:o;estion 
 and at his desire comes with poor grace from the man in whose behalf the 
 corrections were made. The department, therefore, now justifies and approves 
 the amendments complained of. 
 
 The objection to the second tax list is that it was made from the assessment 
 rolls of 1859, though at the time the assessment of 18G0 was complete, and 
 had been delivered to the supervisor. 
 
 This tact, being admitted by the trustees, is fatal to the validity of the tax 
 list, though the trustees acted ignorantly or in good faith. That does not 
 change the question. Tiie statute invests them with no authority to use any 
 other than the last assessment roll, and this department has no power to con- 
 travene the provisions of tlie law. Per H. H Van Dyck, Superintendent, 
 February 16, 1861. 
 
 Appeals should be brought promptly, or it may be too late to apply a remedy. 
 
 If it were not that these proceedings had become confirmed by the sxibse 
 quent action of the trustees, the department would be disposed to exercise its 
 equitable power to prevent their con.^ummation. But by the indiscietion of 
 the appellant in neglectin^o bring his ai)peal at once, the act of that meeting 
 became confirmed, and there is uo^v no sufficient justification for iuteri'crenco 
 by this department. Per H. II. Van Dyck, Superintendent, July 20, 1860. 
 
 Appeal dismissed on account of defective affidavit. 
 
 . The evidence to substantiate the allegation in this appeal— that of illegal 
 voting — is far from conclusive. The affidavit offered in evidence is to the 
 effect that the facts stated are true, as far as they are stated within the 
 knowledge of the appellant. But there is nowhere any indication as to what 
 facts are stated upon knowledge, and what upon information and belief, so that 
 I have no gitide by which to estimate the value of the testimony. 
 
 On this ground the appeal must be dismissed. Per H. H. Van Dyck, Super- 
 intendent, March 20, 1860. 
 
 Appeal dismissed on ground of vagueness of statemimt. 
 
 The various complaints, and defenses thereto, in this appeal, form a most com- 
 plicated tissue of crimination and recrimination, without connection, depend- 
 ence, or logical beginning or sequence. The most I can make of it is that 
 there is an " irrepressible conflict " between two of the truste(!S on one side, 
 and one trustee and a portion of the inliabitants on the other. After a careful 
 perusal of the many and various docunu^its submitted to this department, 
 designed to give a true exposition of affairs, I am wholly at a loss to gather 
 from them any idea as to the real merits of the controversy. I can do nothing 
 till a clear, connected, and conclusive statement of the facts out of which the 
 controversy grew is made, and the present appeal is, therefore, dismissed. Per 
 H. H. Van" Dyck, Superintendent, March 9, 1860. 
 
 An appeal from a tax li^t. on whatever grounds, must be brought before a levy and sale is 
 made, to justify iuteifercnce of this department. 
 
 The facts stated by the apjiellant and admitted by the trustees constitute a 
 proper ground of appeal, had such action been taken at the proper time. It 
 devolved upon the appellant, as soon as he came to the knowledge of the errors 
 in the tax list set forth by him, to bring his appeal, in order that the trustees 
 might be directed to amend their tax list. Instead of this, he delayed action 
 until the collection of his tax was enforced by levy and sale of his property. 
 For tliis action, if wrongfully done, then; is no remedy but by civil suit. The 
 appellant, by delay, has precludiHl himself from eiiuity redress. 
 
 Had the aijpeal" been bnnight in due time, the errors complained of would 
 have boon corrected ; but, as it is, I find no occasion for interference, and the
 
 Appeals, 299 
 
 appeal is, therefore, dismissed. Per E. W. Koycs, Deputy Superintendent, 
 March G, 18G0. 
 
 Real parties in interest will be heard upon appeal. 
 
 It is ever the {X)licy of this department to arrive at the facts of any case pre- 
 sented before it on appeal, and to decide the same according' to the merits 
 involved, as appearin<r from the facts so presented ; and, to promote this, the 
 real parties in interest will ever be heard, whether in tlie i)etition or appeal 
 they are represented or not. Per H. H. Van Dyck, Superintendent, May 13, 
 1859. 
 
 Appellants must state their case clearly and prove it conclusively in order to justify inter- 
 ference. 
 
 On an appeal from various proceedings of the trustees and collector of the 
 district, the only charge made that is, under the circumstances, at all subject 
 to the cognizance of this department, relates to the correctness of the assess- 
 ment roll or tax list. 
 
 The roll in question may be right, or may be wrong. Certainly very little 
 liglit is tlirown upon the subject by the evidence on either side. It is not the 
 business of the department to investigate and determine what may he the facts, 
 when the e\-idence is insufficient to indicate them. It is the duty of parties 
 bringing an appeal to make out a case in some clear and definite form, so that 
 it can be distinctly seen what is and what is not proven. In this case, the 
 appellants have failed to do that, and the appeal must, therefore, be dismissed. 
 Per E. W. Keyes, Deputy Superintendent, May 3, 1859. 
 
 An appeal will he dismissed for obscurity of statement. 
 
 The facts and circumstances of the transaction are so vaguely and clumsily 
 set forth in this appeal that it is impossible to get at the merits of the case. 
 
 In bringing appeals to tliis department, no material facts should be left to 
 be inferred or conjectured. 
 
 The present appeal is hereby dismissed for obscurity of statement. Per E. 
 W. Keyes, Deputy Superintendent, May 2, 1859. 
 
 Power of the department to grant rehearings in matters of appeal considered. 
 
 This is an appeal asking for a rehearing of all matters in controversy in the 
 district that have been brought before this department since March 34, 1857. 
 
 The main purpose of this appeal is to secure a reliearing upon the merits of 
 those facts and arguments presented in an appeal to this department which 
 was dismissed December 19, 1857, and by restoring, as far as may be, the con- 
 dition of things existing at that time, to aflbrd the appellants the relief at 
 that time sought. 
 
 At this point we are met by the position of the counsel for the respondents, 
 that this department has no power to grant a rehearing of any matter of 
 aj^peal, and that, the order of this department dismissing the appeal having 
 been issued, no further action upon the matters embraced in that appeal can 
 be taken. 
 
 It would be doing injustice to the able, ingenious and plausible argument 
 of the counsel upon this point, for the department to controvert it simply in 
 action, by granting the rehearing, without any statement of the grounds 
 upon which its conclusions respecting the extent of its rights and powers are 
 based. 
 
 First, upon this particular case, it may justly be said that the decision of the 
 department upon it was expressed or rendered in the communication to 
 Commissioner Boyce, that embodied the conclusions at which the department 
 had arrived from an examination of the evidence adduced ; it is, to all intents 
 and purposes, the decision of the (piestions at that time pending, and it was 
 proposed, when certain conditions should be reached by the further acts of the 
 Darties themselves, to issue an order adapted to the circumstances of the case
 
 300 Appeals. 
 
 at that future time. On information, supposed to be reliable, that tlie condi- 
 tions stated had been reached, the order was issued dismissing the appeal ; 
 this being done for the sole purpose of enforcing the decision already rendered. 
 The dismissal of the appeal, therefore, was not the decision of the case, as appears 
 by its terms, in which it especially disclaims to act upon the questions raised 
 in the controversy, they having been disposed of (as was supposed), according 
 to the terms of the decision rendered by the department. If it be objected 
 that this decision Avas not in form and under seal, it is sufficient to answer that 
 the statute does not prescribe the manner or form in which these decisions 
 shall be expressed. That is left to the judgment of the department itself. 
 The seal, or other forms commonly attending the rendering of a decision, are 
 proper as evidences to third parties of the authenticity of the proceedings. 
 But they are of no importance to the department itself, wliich is cognizant, at 
 all times, of its own decisions. 
 
 An order of the department may be antecedent or supplementary to a deci- 
 sion, and hence may be continued in force, or vacated at the pleasure of the 
 department. Thus, on an appeal, by inhabitants, from the proceedings of 
 trustees in the matter of pajing public moneys to a teacher, it might be neces- 
 sary to issue an order to the sujxirvisor, directing him to withhold the payment 
 of the moneys of that district until otherwise directed. It will not be held 
 that this order is fixed and cannot be vacated. So, where an order is issued 
 supplementary to a decision, and with a view, or for the purpose, of enforcing 
 its conclusions, if the department shall afterward find that such order is insuf- 
 ficient to accomplish the enforcement of the decision, or, owing to any circum- 
 stances of which the department was unaware, is calculated to thwart the ends 
 proposed by the decision to be reached, it is absurd to maintain that such order 
 may not be modified or vacated, and such other order be issued as will conform 
 to the doctrines of the decision rendered. 
 
 I come now to a reAaew of the power of the department to grant a rehearing 
 of a case upon its merits, after a decision has once been rendered. 
 
 The argument of the counsel was chiefly confined to two points : First, that 
 the power to rehear a matter of appeal, after decision rendered, could only exist 
 by express legislative provision, and, no such power having been conferred by 
 the statute, it, of course, did not exist. Secondly, that the words of the statute, 
 which declare that the " decisions of the department shall be final and conclu- 
 sive," expressly prohibited the exercise of any such power as is asked by the 
 appellants. 
 
 In the decisions referred to by the counsel, I fail to find any cases where the 
 power to rehear a cause upon the merits has been denied, that are at all analo- 
 gous to the one now presented. In denoting the distinction between a superior 
 and an inferior court — that is, one competent to grant a new trial and one 
 incompetent — the courts say : " We think that a superior court of general juris- 
 diction must have full cognizance of one at least of the principal departments of the 
 law throughout the State, and must be free, in its primary action, from the con- 
 trol of any other tribunal." 
 
 I can conceive of no language that should more clearly describe and desig- 
 nate this dc^partment than that above (j noted. I can, therefore, draw no other 
 conclusion than that this department is a superior court of general jurisdic- 
 tion, and hence that to it the decisions relative to the powers of inferior courts 
 do not apply. 
 
 But again, in 1 Johnson^s Cases, 119, which the counsel cited in support of his 
 position, I find the following language : " Tlie power of granting new trials 
 can only be applied in a manner which precludes the possibility of its exercise 
 being reviewed in this or any other court." These are just the circumstances, 
 under which this department always exercises this power. And, farther, in 
 the same decision, the court .says : " Indeed, no inferior jurisdiction can possess 
 this power without express autliority," i)Uiinly implying that courts oi superior 
 or ge7ieral jurisdiction may, in the very natui-e of their organization, possess this 
 power of granting new trials.
 
 Collector. 301 
 
 It is my conviction, fherefore, that the power to grant a new trial of any 
 cause brought before this department on appeal may exist without special legis- 
 lative dcsignatiou, being involved in the powers distinctly conferred, and the 
 purposes and objects sought to be accomplished in the organization of this tri- 
 bunal. 
 
 I pass now to consider the second point in the argument of the counsel upon 
 this question of the power of the department to grant a new trial, which is 
 based upon the restrictive terms of the statute itself, which says that " the 
 decision of the State Superintendent shall be final and conclusive." 
 
 This language has ever been interpreted as characterizing the exclusiveness 
 of the jurisdiction of this department in matters brought before it for deter- 
 mination, and not as limiting the department itself to a single examination of 
 any cause before it. It was designed as a check against the interference of 
 other authorities with the decisions here rendered, and not as defining or cir- 
 cumscribing the powers of the department itself. 
 
 The nature of the trust committed to this department, and the form of pro- 
 cedtire necessary for the proper exercise of its powers, preclude the presump- 
 tion that the Legislature ever intended that the terms "final and conclusive" 
 should bear the construction put upon them by the counsel in this case. 
 
 The indication of the exercise of. this power by this department to grant new 
 trials is made not essentially to meet the present case, but to meet and put at 
 rest, so far as it can be done here, the general issue so strongly raised ; and I 
 must and sliall assume that the practice of this department, in granting new 
 trials for causes satisfactory to itself, is a legitimate and necessary exercise of 
 powers with which, in the nature of its organization, it is invested. Per H. H. 
 Van Dyck, Superintendent, April 18, 1859. 
 
 COLLECTOR. 
 
 The law has not specified any time within which a warrant for the collection of a tax shall 
 be delivered to the collector. 
 
 Where a tax was voted in June, 1841, and the tax list was made out within 
 the time and in the mode required by law, but the warrant for collection was 
 not issued till January 31st, the delay was held not to aifect its legality or 
 validity. Per Young, March 21, 1843. 
 
 A school district collector's bond requires an internal revenue stamp of one 
 dollar. The collector must file this bond and pay the necessary expense of 
 procuring the bond and stamp. Per V. M. Rice, Superintendent, December, 
 6, 1865. {Letters, vol. 4, p. 638.) 
 
 Jurisdiction of collector. 
 
 The jurisdiction of a collector in collecting any tax list delivered to him 
 extends to any part of the county in which his district is situated. {See sec. 85, 
 tille 7, chap. 555, Laws of 1864.) 
 
 Collector must execute to trustees a bond before he can legally enforce the collection of any 
 tax list placed in his hands. lie need not give notice to the inhabitants that he has 
 received the warrant from the trustees. 
 
 The law makes it the duty of the collector to execute to the trustees a bond 
 before recei\ing the first warrant for the collection of money. Until he has 
 done this, he cannot legally enforce the collection of any tax placed in his 
 hands, and would render himself liable as a trespasser if he ttndertook to 
 enforce a collection by levy and sale. The collector is not bound to give 
 notice to the inhabitants that he has received the warrant from the trustees. 
 Per V. M. Rice, Superintendent of Public Instruction, November 13, 1865. 
 {Letters, vol. 4, p. 503.)
 
 802 Collector. 
 
 If a person who is inclifrible to the office lias been appointed collector, and 
 the tax payers refuse to pay him, he cannot, without rendering himself a tres- 
 passer, proceed to collect of such tax payers by levy and sale. A district col- 
 lector cannot perform his official duties by deputy. Per S. D. Barr, Deputy 
 Superintendent, October 17, 1865. {Letters, vol., 4, p. 356.) 
 
 The collector by law has no right to pay over moneys except upon the order 
 of trustees. He is, in fact, the treasurer of the district. Per S. D. Barr, 
 Deputy Superintendent, September 5, 1865. {Ldltrs, vol. 4, |?. 232.) 
 
 Collector vacates his office whenever, by leaving the district, he cannot perform collector's 
 
 duties. 
 
 The collector vacates his office whenever, by leaving the district, he is unable 
 to discharge the duties of collector. You may, under the circumstances, regard 
 the ofhce as vacant, and ai)point another ; it is not necessary to create vacancy 
 that the absence should be permanent. 
 
 If it obstructs the business of the office, it is enough. Per E. W. Keyes, 
 Deputy Superintendent, June 26, 1865. {Letters, vol. 4, p. 135.) 
 
 The collector is not required by law to give any notice whatever that he has 
 a tax list ; hence, he is entitled to five per cent after he has had the warrant 
 two weeks, though no notice has been given. Per E. W. Keyes, Deputy Super- 
 intendent, December 1, 1864. {Letters, vol. 3, p. 496.) , 
 
 . The statute prescribes no limit within which the second renewal must be 
 made. Hence, thougli three months have elapsed since the first renewal, the 
 warrant is still renewable with the consent of the supervisor. Per E. W. Keyea. 
 June 1, 1864. {Letters, vol. 3, p. 207.) 
 
 Collector responsible for losses thronsh neglect. 
 
 A collector is responsible for all losses to the district occasioned by his neglect 
 of duty, and may be prosecuted for the same at any time within six years. Per 
 V. M. Rice, Superintendent, June 15, 1854. {Letters, vol. 1, p. 172.) 
 
 Trustees not bound to indemnify collector. 
 
 The trustees are not bound to indemnify the collector on a levy and sale of 
 property on a tax list. If tlicy do so, however, and the collector is sued, they 
 are responsible for the costs, and must present their account to the board of 
 supervisors (county judge) in the mode prescribed by law. 
 
 VVliere money is advanced liy trustees to a teacli(>r for his wages, the amount 
 60 advanced may be collected in the usual form, and paid over to the trustees 
 so advancing, on the order or receipt of the teacher. 
 
 If, after due diligimce on the part of the collector, a deficiency exists in the 
 collection of a tax list, the trustees may advance the amount of such deficiency, 
 and the district will be bound to ])rovide for the same by-tax, in the same 
 manner as though no such tax had been made. Per V. M. Hice, Superin- 
 tendent, May 11, 1854. {Letters, vol 1, p. 86.) 
 
 Tlie refusal of a district collector to serve vacates his office. 
 
 In case of a refusal to serve, on the part of the collector, a vacancy is created 
 in the office by tliat act, whicli may Ix; filled by appointment by the trustees. 
 Per V. M. Rice, Superintendent, April 10, 1854. {Letters, vol. 1, p. 3.) 
 
 Where a collector cannot perform his duties from sickness or otherwise, trustees must 
 
 appoint. 
 
 When a district collector is unable from illness or other cause to perform his 
 duties, the trustees must appoint another in liis place, who will be entitled to 
 liold tlu! office for tlie remainder of the school year. Per S. S. Randall, Deputy 
 SuiKsriutendcnt, April 10, 1854. {Letters, vol. 1, j). 34.)
 
 School Commissioners — Clerk of District. 303 
 
 Under no circumstances is a collector authorized to soil real estate. If he 
 cannot levy on enough personal property at one time to satisfy the warrant 
 which he holds, lie can keep on levying till he does obtain property enough to 
 pay the tax. Per V. M. Rice, Superintendent, April 23, 1800. {Letters, vol. 5, p. 
 329.) 
 
 Collectors the proper custoclians of district moneys, and they need not pay them over to 
 trustees. They should pay only on the written order of one trustee, or a majority of the 
 trustees, which order should state the purpose for whicli the money is to be paid. 
 
 Collectors are now the proper custodians of all the district moneys collected 
 by tax, and it is not their duty to pay over such moneys to the trustee. They 
 are to pay it out only on the written order of the trustee, or of a majority of 
 the trustees, which order must specify for what purpose the money is to be 
 paid. Per V. M. Rice, Superintendent of Public Instruction, April 12, 1866. 
 (Letters, vol. 5, 2>- 202.) 
 
 Trustees must require a bond of collector for the faithful discharge of his duties, etc., 
 before collector receives first warrant for collection of district tax. If they neglect such 
 requirement, said trustees are liable to district for any loss or damage resulting from their 
 neglect. 
 
 The law makes it the duty of the trustees to require the collector, before 
 receiving the first warrant for the collection of a district tax, to give bonds for 
 the faithful discharge of his duties, and accounting for the. moneys received by 
 nim by virtue of such warrant. A failure to comply with this direct require- 
 ment of the law on the part of the trustees, would, in my opinion, constitute 
 Buch a case of non-feasance as would render the trustees liable to the district 
 for any loss or damage resulting from their neglect. Per V. M. Rice, Superin- 
 tendent of Public Instruction, December 28, 1865. {Letters, vol. 5, p. 13.) 
 
 SCHOOL COMMISSIONERS — CLERK OF DISTRICT. 
 
 There is no law requiring a school commissioner to be a resident of the 
 district which elects him. Per V. M. Rice, Superintendent, October 19, 18C6. 
 {Letters, vol. 5, 2^. 647.) 
 
 Commissioners cannot declare void proceedincrs of their predecessors, though they may 
 annul or rescind them. 
 
 The town superintendents of the towns of Seneca, Gorham and Benton, 
 declared illegal the proceedings of a previous board, forming district number 
 thirteen, from parts of the said three towns, for an alleged want of authority. 
 The district, if legally organized, might have been annulled, but they had not 
 power to declare void the proceedings of their predecessors. The law confers 
 no such power upon them. The question of illegality must be referred to the 
 Superintendent of Public Instruction, or determined by some other competent 
 tribunal. Per Dix, August 19, 1837. 
 
 Superintendent must have evidence of the appointment of a school commissioner before 
 he can receive his salary. 
 
 Before the Superintendent can certify to the State Treasurer that A. is a 
 school commissioner, he must have some evidence of his appointment. Ho 
 should have the order of the county judge appointing him filed in the olfice of 
 the county clerk of the county, and a certificate of that fact forwarded by the 
 county clerk to the Secretary of State and the Superintendent of Public 
 Instruction. Per V. M. Rice, Superintendent of Public Instruction, March 29, 
 1866. {Letters, vol. 5, p. 250.)
 
 304 COLOEED CniLDEEisr. 
 
 Only two cases in wliich a district clerk can lawfully call a special meeting except on order 
 of trustees : First, where time for annual meeting has passed without any such meeting 
 being held ; and, second, where all the trustees haVe vacated their office. 
 
 There are only two cases in wliicli a district clerk is authorized by law to 
 call a special meeting except on the order of the trustees : First, where the 
 time for holding the annual meeting has passed without any such meeting 
 having been held ; and, secondly, where all the trustees have vacated their 
 office. In these two cases the district clerk is authorized to call special meet- 
 ings, and in no others. 
 
 Where neither of these contingencies arise in a district, the clerk has no 
 more legal authority for calling a special meeting, except by order of the trus- 
 tees, than any other inhabitant of the district. Per V. M. Rice, Superintendent 
 of Public Instruction, November 20, 1865. {Letters, vol. A, p. 535.) 
 
 The clerk should keep a record of every thing that is done by a meeting, and 
 his minutes should show what resolutions were rejected, as well as those that 
 were carried. Per S. D. Barr, Deputy Superintendent, June 22, 1806. {Letters, 
 vol. 5, p. 476.) 
 
 Duty of clerk to notify every person of his election, even though he were present. Col- 
 lector must give a bond, liowever responsible he may be. He cannot enforce collection 
 ■without a bond. 
 
 It is the duty of the clerk to notify every person of his election, no matter if 
 he were present. 
 
 The collector must give a land, no matter how responsible he is. He cannot 
 enforce collection without a bond. 
 
 The trustee has no right to receive money on a tax list, and, if he does so, 
 the collector is entitled to his fees upon it the same as if collected by himself. 
 Per E. W. Keyes, Deputy Superintendent, etc., May 11. 18G5. {Letters, vol. 4, 
 p. 76.) 
 
 COLORED CHILDREN". 
 
 Colored children are entitled to attend the common schools in this State, in all districts, 
 except those in which, by law, provision is made for their education in separate 
 schools. 
 
 The petition of appeal in this case states, as the ground of appeal, that the 
 trustees came to the school-house and ordered a certain colored lad commonly 
 called " Dick," to leave the school. The petition alleges that said " Dick " 
 was, at the time, over five and under twenty-one years of age, and was of the 
 age of fourteen or fifteen years ; and that he was an actual resident of the dis- 
 trict, and has for the last two years been included, by the trustees of the 
 district, in the enumeration of the children made in their annual report to 
 the school commissioner. These facts would give him the right to attend the 
 district school, while the trustees would also have the right to expel him from 
 the school for any good cause shown. The appellant alleges that " the trustees 
 gave 'Dick' no reason for his expulsion, except that, if he continued to go to 
 school, the school would be broken u]\" and he also alleges that after the 
 dismissal of "Dick" from school, the teacher said to apjiellant that "Dick" 
 had Ijcen an orderly scholar, and had not disobeyed the rules or orders of th& 
 Bchool. 
 
 The only allegations in the answer which may be considered as contradicting 
 these, are, in the language f)f tlie resyjondent, as follows, viz. : " On tlie morning 
 of the 1st day of December, 1865, the teacher dismissed school on account of 
 disturl)ance caused, as the teacher declared, and as the trustees V(!rily believe, 
 on account of said colored boy being in school ; and on the 4th diiy of Decem 
 her, 18G5, the teacher commenced school again, and the trustees djd then and
 
 COLOREB CniLDEEN. 306 
 
 there dismiss the said colored boy from school, and at tho time did assi<>n to 
 him the reason why they so dismissed liim ; and tliat, on tlie 11th day of 
 December, 1865, the said colored boy went to school, and on the same day the 
 above named John Skatts and William R. Parker, went to the school-house 
 and dismissed the said colored boy ap^ain for the same reason, and told him 
 that he could not come to school until the weather was settled ; that they dis- 
 missed him because he was offensive and a laughing stock for the scholars, 
 both in and out of school ; and that his presence there did annoy and disturb 
 the school to such an extent that the teacher could not preserve or keep order." 
 
 These are all the facts of any consequence alleged in the case. 
 
 It is, therefore, admitted by the respondents, that " Dick " was primarily 
 entitled to attend the school, being a resident and of school age ; and that he 
 was expelled because " his presence did annoy and disturb tlie school to such 
 an extent that the teacher could not preserve or keep order." 1 know no law 
 of this State, or decision, excluding a pupil from a public school merely 
 because his presence annoys and disturbs the school. If he had the small-pox, 
 or some other dangerous and contagious disease, the presence of such disease 
 ■would be dangerous to the school, and the disease might legally be removed 
 by removing the pupil. But no such complaint is made of " Dick," and the 
 presumption is that he is a strong, healthy, intelligent boy. 
 
 But the respondents allege that he " was offensive and a laughing stock for 
 the scholars." It is not alleged that he actively engaged in any offensive 
 operations at school, to the injury of the scholars. Therefore, the cause of his 
 offense, if there was any cause, must have been that he was " colored," or in 
 Bome other respect, was not by his Creator so made as to be adapted to the 
 tastes of his school-fellows, or that his tailor was at fault. The offense was 
 committed by those who made sport of him. They ought to have been taught 
 better manners. The mere fact that " Dick " was " a laughing stock for the 
 scholars" is not a just ground of punishment or censure to be visited upon 
 him, but may be tho result of the highest virtues, the noblest purposes, and 
 the most commendable action in him. 
 
 In the absence of e\idence to the contrary, such is presumed to have been 
 the case, in view of the allegations of the appellant, " that, when the colored 
 lad returned to school on the 11th day of December, other boys in school hours 
 annoyed him with opprobrious looks and actions." There is no allegation in 
 the answer, that " Dick " has ever, on any occasion, in school or out of school, 
 acted in a manner unbecoming a high-minded, earnest boy. For such boys this 
 great State has, by the labors and the money of a willing people, organized 
 and sustained a beneficent common school system, and has designed thus to 
 extend a protecting and guiding hand to them, and by these means to bless 
 and exalt all her children. 
 
 The trustees of said school district number twenty-one and eleven, in the 
 towns of Darien and Alexander , in the county of Genesee, are, therefore, 
 hereby ordered forthwith to admit said colored lad " Dick " to all the pri^legea 
 of said district school. Per V. M. Rice, December 21, 1865. , 
 
 Colored children cannot be excluded fmra the common schools unless a separate school 
 for their educatiou has been orgauized by the district. 
 
 The law provides that the " common schools in the several school districts 
 in this State shall be free to all parsons over five and under twenty-one years 
 of age residing in the district." 
 
 The only restrictions to this provision are in the case of Indian children 
 residing in the district, who are admissible only by authority of the Superin- 
 tendent, and in such cities and union free school districts as have made pro- 
 vision for the maintenance and supjwrt of separate schools for colored children. 
 
 It would manifestly be a great injustice to exclude from the common schools 
 a class of children merely on account of their color, without having made ade- 
 quate provision for their education elsewhere. Per V. M. Rice, Superintendent 
 of Public Instruction, December 7, I860. {Letters, vol. 4, p. 647.) 
 
 39
 
 306 Election of Officers. 
 
 Negro children should be admitted to district schools, where no separate school for them 
 has been established by district. 
 
 Negro children are entitled to all the advantages of education provided by 
 the State the same as white children. Cities and union free school districts, 
 incorporated by special act of the Legislature, have it in their power to establish 
 separate schools for colored children ; but, in all other districts, and in those 
 mentioned where no separate school has been established, colored children 
 should be admitted to the district school. Per V. M. Rice, Superintendent, 
 November 23, 1865. {Letters, vol. 4, p. 553.) 
 
 Trustees have no right nor authority by law to exclude colored children from district 
 school, except they maintain a " school for colored children." 
 
 The trustees have no right or power under authority of any law, even though 
 they have been so instructed by a district school meeting, to exclude colored 
 children from the district school, unless they maintain a " school for colored 
 children." Per S. D. Barr, Deputy Superintendent, September 27, 1865. {Let- 
 ters, vol. 4, p. 281.) 
 
 ELECTIO]^ OF OFFICERS. 
 
 An adjourned meeting cannot rescind an election of district officers. Per 
 Dix, November 18, 1837. 
 
 Nor can an officer, once elected, be displaced by vote of district. Per Dix, 
 November 9, 1838. 
 
 Any district meeting may elect an officer to fill an existing vacancy, although thirty days 
 may have elapsed since its occurrence. 
 
 The appeal was served June 11, 1856, upon R. S. Scott, town superintendent, 
 and no answer has been made. It appears that Alexander Fenton, a trustee 
 in joint district No. 9, in Middletown and Shandaken, removed therefrom 
 about the first of April, 1856. On the twenty-eighth day of May, 1856, a 
 special meeting was held, at which William Jones was chosen to fill the 
 vacancy. The town superintendent, with a full knowledge of such election, 
 appointed John Newton to fill tlie vacancy caused by the removal of Fenton. 
 
 The inhabitants, when lawfully assembled at any district meeting, may 
 choose district officers to fill vacancies. {Sec. 62, cliap. 480. Laus o/1847) 
 
 By section 77, it is pro\ided that in case a vacancy shall not be supplied by 
 a district meeting within one month thereafter, the superintendent of the 
 town may appoint any person residing in such district to supply such vacancy. 
 This provision does not, however, in any way alfect the right of the district to 
 supply such vacancy by election, at any period i)rior to an appointment made 
 by the town superintendent. 
 
 In this case, Mr. William Jones having been elected at a special meeting of 
 the inhabitants of the district, previous to the appointment of Mr. Newton, the 
 action must be considered legal. 
 
 The order of tlie town superintendent of district No. 9, Middletown and 
 Shandaken, is therefore void. Per V. M. Rice, July 31, 1856. 
 
 School district officers cannot be elected by a plurality vote. The statute requires a 
 
 viajority to elect. 
 
 The statute does not authorize an election by a plurality vote, but expressly 
 names a majority as essential. Tliis removes it from the power of the district 
 even to make valid an election by a plurality. Per H. II. Van Dyck, Super- 
 intendent, December 2, 1858.
 
 Electiox of Officers. 307 
 
 Evidence of a mere possibUity of an election having been carried by illegal votes will not 
 vitiate the election. 
 
 On an appeal from an election for a member of board of education, it appears 
 that 585 votes were cast at said election, of which J. S. received the greater 
 number, and was declared duly elected. The appellant alle<Tes that of the 
 votes cast, 133 were illegal, thus reducing the whole number to 452, of wliich 
 he produces affidavits to show that he received 253, and is therefore entitled to 
 the otBce. 
 
 Of the 133 votes claimed to be illegal, it is claimed that ten had not the reqiu- 
 site property qualification ; seven appear upon the poll books as having voted 
 twice ; one voted as proxy for another voter, and eleven were aliens, and not 
 entitled to hold lands in tlus State. The remainder, 104, it is alleged, were 
 non-residents of the district at the time of the election. 
 
 Counter affidavits are introduced that prove the allegations concerning the 
 property qualifications, the duplicate voters and the aliens, to be, in some 
 instances, erroneous. This tends, of course, greatly to cast discredit upon the 
 affidavits not controverted, where those affida\it3 are general and indefinitely 
 stated on knowledge or belief 
 
 But the burden of testimony is that relating to the 104 voters claimed as 
 non-residents. The nature of the evidence to prove the non-residence of these 
 voters is far from being satisfactory. An old resident and late collector of the 
 district makes out a list of all those in said district whom he regards as voters. 
 From this list the 104 persons referred to are excluded as not known to the 
 deponent as residents of the district. Two others swear, on infonnatiou and 
 belief, to the accuracy of said list, as embracing all the legal voters in said 
 district. 
 
 This testimony certainly casts a suspicion upon the validity of the votes cast 
 by those persons ; but it is only a suspicion after all ; it is not conclusive. The 
 appellant has only proved the possihility that the election was carried by illegal 
 votes. 
 
 I cannot but regard the evidence as to the illegality of these votes as incon- 
 clusive, and the result of the election, as declared by the inspectors, is not 
 thereby impaired. 
 
 The appeal is therefore dismissed. Per H. H. Van Dvck, Superintendent, 
 December 3, 1860. 
 
 Legality of proceedings in certain elections for trustees considered and decided. 
 
 At the annual meeting in 1859 it was resolved to elect three trustees for the 
 district. The meeting proceeded to elect R. H. as trustee, but without desig- 
 nating his term. Before proceeding to elect the other trustees, the meeting 
 adjourned. 
 
 The said R. H., acting under color of an election as trustee, ordered a special 
 meeting for the purpose of filling vacancies in tlie district. The meeting was 
 held and proceeded to vote for a trustee for three years, and a ballot was had, 
 in which J. K. received a majority of the votes. Before proceeding to the elec- 
 tion of other officers, the meeting again adjourned. Another special meeting 
 was called to fill the vacancy still existing, at which G. H. was elected for one 
 year, T. R. for two years and the said R. H.for three years. 
 
 The proceeding of the first special meeting to vote for a trustee for three 
 years I must regard as a substantial compliance with the statute, and tlierefore 
 declare the election of J. K. as trustee for three years to be legal and valid. 
 
 The election of R. II. for three years at the second special meeting was void 
 under the decision already given, there being, at the time, no such vacancy. 
 His election at the annual meeting I hold void for uncertainty, the time for 
 which he was elected not being specified. 
 
 The election of (i. H. for one year, and T. R. for two years, at the second 
 special meeting, was valid. Per 11. 11. Van Dvck, Superintendent, February 
 9, 1860.
 
 308 FoEiiATiox AXD Altekatioiq' or Districts. 
 
 Conditions and tenure of office of trustees elected at meetings not called or held according 
 to law, commented upon. 
 
 By an act of the Legrislature, the first Tuesday in May was designated as the 
 day for holding the annual meeting of the school district, and the meetings 
 were held on this day for about thirty years. In 1851, a resolution was passed 
 at the annual meeting, changing the time of holding the annual meeting of 
 the trustees and inhabitants of such school district, from the first Tuesday in 
 May to the first Tuesday in September of each year. 
 
 This action of the district I must regard as wholly unauthorized and void, it 
 not being among the powers conferred upon the inhabitants of that district, 
 but expressly taken from them by the provisions of their charter, which 
 designated the first Tuesday in May as the time for holding such annual meet- 
 ing. It follows, therefore, that no legal annual meeting has been held in that 
 district since the time of holding the meeting was changed to the first Tuesday 
 in September, by vote of tlie inhabitants. 
 
 The important question hereupon arises : Does this informality render all the 
 proceedings in the said district void '? To reply affirmatively would be to utter 
 a most disastrous and sweeping decree, nullifying nearly all that has been 
 done in the way of raising and applying money far school purposes since 1851. 
 The district might thus be shown to be destitute of a site, or of a house, and 
 that all that had been done in the assessment and collection of taxes for school 
 puiposes, had been done in derogation of the rights of the inhabitants — 
 having been done without authority and against law. But, aside from the 
 consequences of such a decision, there is nothing in the nature of things, nor 
 in the just rules applicable to such cases, to lead to such a conclusion. 
 
 The meetings held on the first Tuesday of September in each year were 
 informal, being, in point of fact, specidl meetings, held under insufficient notice. 
 The special meetings called by the trustees of the district were legal, and any 
 business transacted at them must be considered valid. The informality attend- 
 ing the so-called annual meetings would have this effect, that the proceedings 
 would all be voidable ; that they might be set aside on appeal, or a subsequent 
 annual meeting held in May, agreeably to the statvite, might disregard them 
 in so far as they assumed the prerogatives belonging to itself. But until 
 such action has been held, whereby the powers of those meetings have been 
 brought into question, and their proceedings superseded by competent and 
 legal authority, their action must be approved. 
 
 The elfect of the informality practiced in this district, upon the tenure of 
 those now holding office by virtue of an election at any of the annual or 
 special meetings I am now considering, appears to be this : That those elected 
 at any such alleged annual meeting are liable to be displaced and superseded 
 at any subsequent regular and legal annual or special meeting, while those 
 elected at any special meeting, for terms clearly defined, and for vacancies 
 which the district were competent to fill at the time, could not be superseded at 
 any subsequent meeting previous to the expiration of the term for which they 
 were elected. Per H. H. Van Dyck, Superintendent, December 31, 1858. 
 
 FORMATION AND ALTERATION OF DISTRICTS. 
 
 A conditional consent to the alteration of a district cannot be given. The 
 trustees must eltlier give or withhold their consent. They can annex no con- 
 ditions. Per Spencer, April 13, IS-il. 
 
 The department of Public Instruction, in the formation and alteration of 
 school districts, acts upon one uniform rule, never (except in certain special 
 cases and for the most urgent reasons) to permit new districts to be formed 
 with a less number of children between the ages of five and sixteen years 
 than from tliirty-five to forty, and never to countenance or sanction cliauges or
 
 Formation axd Alteratiox of Districts. 309 
 
 alterations of districts ■which shall reduce the nvimber of school children in a 
 district below what has been found, from practical experience, would afford an 
 average attendance sufficient to give full employment to a competent teacher. 
 Per N'. S. Benton, June HO, 1847. 
 
 The establishment of a district by a decision upon appeal to the aepartment 
 is final and conclusive; and the district is not subject to alteration by the 
 local authorities while the circumstances remain uuchauored. But it is absurd 
 to contend that, when the circumstances under which a decision is pronounced 
 have materially changed, and after the districts, or either of them, have 
 increased or diminished in territory, number or valuation, the local authorities 
 are precluded from interference, by the conclusive operation of a decision 
 founded on an entirely different state of facts. Such a doctrine would be 
 entirely inconsistent with reason and good sense. Per Spencer, September 24, 
 1840. 
 
 The dissohition or annulling of a district is not an alteration. 
 
 When an alteration is made, the presumption arises that something of the 
 original remains. Its total destruction precludes such a presumption. 
 
 Under the Constitution of 1823, the Legislature could not pass any law 
 creating, continuing, ulkring or renewing any body politic or corporate without 
 a vote of two-thirds in its favor. 
 
 The Legislature repeatedly passed laws repealing charters, on the ground 
 that a repeal was not an alteration, and that such repeal did not come within 
 the spirit of the provision, any more than it did within its ktter. Per Spencer, 
 JiUy 26, 1839. 
 
 A Bupervisor and town clevk cannot act in the formation or alteration of a school district 
 without the presence of the town superintendent (.school commissioner). 
 
 The appellants in tliis case seek to set aside an order made at a meeting of 
 the town superintendent of Jefferson, and the supervisors and town clerks 
 of Blenheim and Jefferson, on the 30th day of April last, forming a new dis- 
 trict, to be composed of parts of districts No. 6, Jefferson, and No. 3, Blenheim. 
 
 From an examination of the papers, I am of the opinion there is a fatal 
 objection to this order. 
 
 It appears that the town superintendent of Blenheim was not present at the 
 meeting of the board, and did not participate in making the order. The super- 
 visor and town clerk of that town were members of the board, but they had 
 no authority to act without the presence of the town superintendent. The 
 statute authorizes them to be associated with him in forming or altering school 
 districts. In no case, however, does it authorize them to act without him. 
 The board, therefore, had no power to alter any district located in that town. 
 
 The order, therefore, is hereby set aside. Per H. S. Randall, August 18, 1853. 
 
 A school district cannot be formed out of the central portion of another district, leaving 
 the territory of the latter disconnected. 
 
 This is an appeal from the order of the town superintendent of Fremont, 
 Sullivan county, creating a new district (No. 6) from territory now known as 
 district No. 5 of said town. 
 
 The appellants raise tl\e following point : 
 
 Said order of the town superintendent erects a new district (No. G) in the 
 central portion of district No. 5, thus disjoining the parts of said district No. 5. 
 
 The question to be considered is : Can a district be formed out of the central 
 portion of another district, leaving the former disjointed? The answer is 
 clearly in the negative, as has been the uniform ruling of this department. (See 
 Common School Btcisiom. p. 109.) In the case there cited, Superintendent Dis 
 properly remarks that school districts must be formed of contiguous farms. If 
 the example of forming them of farms not adjacent to each other should be 
 sanctioned, it is difficult to foresee what disorder and confusion it might not 
 create, besides opening a door to unequal and unj ust organizations.
 
 310 Formation and Altekation of Districts. 
 
 It is, therefore, decided that the order of the town sui^erintendent, as herein- 
 before recited, is illegal, and the same is hereby set aside. Per V. M. Rice, 
 September 18, 1854. 
 
 It ia the settled policy of the Department of Public Iiijtniction to favor the consolidation 
 of weak and iuefflcieut districts. 
 
 The town siiperintendent of Independence, Allegany connty, had consolidated 
 two weak and inetiicient districts, Nos. 7 and 11. Upon an appeal to the county 
 superintendent, he reversed the order of the town superintendent, upon the 
 sole ground that it was, apparently, the only means of putting an end to the 
 quarrels and dissensions that had mihappily arisen in the consolidated district. 
 The county superintendent, at the same time, admitted that the organization, 
 as made by the town superintendent, v/as " the most judicious one that could 
 be entered into under existing circumstances," and that, although not perfect, 
 " it was the best that could be made until the population of the neighborhood 
 becomes more dense." 
 
 The State Superintendent reversed the decision of the county superintendent 
 and confirmed the order of the town superintendent, strongly reprehending 
 the bad policy of re-establishing two weak and inefficient districts, obviously 
 incapable of maintaining an adequate organization. Per Young, December 20, 
 1844. 
 
 Where inhabitants have been properly set off from one cHstrict to another, and the town 
 clerk has omitted to record the order, they will be regarded as inhabitants of the district 
 to which they have been annexed after it has been acquiesced in for five years. 
 
 This is an appeal from the proceedings of a specal meeting held on the 28th 
 of March last, authorizing the trustees to levy a tax on the district to defray 
 the expense of mo\'ing the school -house to the new site or to let the job of 
 moving the same to the lowest bidder. 
 
 The appellants, in support of the appeal, allege that seven persons, who 
 attended the meeting and voted, were not inhabitants of and legal voters in 
 Baid district, having been annexed in 1839 to joint district No. 1, Blenheim and 
 Fulton, and there being no record in the town clerk's office of either of said 
 towns of their subsequent transfer, either to district No. 5 or any other district. 
 
 In reply to this allegation, the affidavits of the town superintendents of 
 Fulton and Blenhpim for the year 1849 are produced, showing that the indi- 
 viduals referred to and their property were, in the spring of that year, trans- 
 ferred by them from joint district No. 1 to district No. 5, and that the order 
 made by them to that effect was transmitted or delivered to the town clerks of 
 their respective towns for record. It also appears, from the affidavit of the 
 appellants that, from that period to the present, the persons so transferred 
 have acted iu and been regarded as inhabitants of district No. 5, and their 
 children enumerated tliercin. Under these circumstances, and after an acqui- 
 escence of five years, the proof of such transfer must be regarded as sufficient, 
 notwithstanding the omission of the town clerks to record the same. Per V. 
 M. Rice, May 12, 1854. 
 
 An order, issued by a commissioner, altering a district, which does not recite- 
 the consent or refusal of the trustees of the affected district, is absolutely void, 
 ab initio. Per S. D. Barr, Deputy Superiiitendent, etc., June 27, 1866. {Lett&is, 
 vol. 5, p. 483.) 
 
 Town superintendents (school commissioners) should always give notice to the trustees of 
 their intention to consider any proposed alteration of their district, so that they may havo 
 an opportunity of associating with them the supervisor and town clerk. 
 
 On the fourth day of April, 1855, the appellees made an order for altering 
 the district by setting off all that portion situated in the town of Independ- 
 ence, without obtaining the consent, or giving notice to, the trustees. Tho 
 original order stated that it was to take effect on the first day of May, but iu 
 the copy served on the appellant this provision was omitted.
 
 FORMATIOX AXD AlTEKATIOX OF DISTRICTS. 311 
 
 The district was established upon an appeal by the State Superintendent in 
 1844, and no permission was obtained for its alteration. No answer is put in 
 by tlie town superintendent. 
 
 Without considerinof the expediency of the order, it is sufficient for the 
 decision of the case that the proceedings are entirely irregular. The order 
 could not take effect until three months after service of notice thereof upon the 
 trustees of the several districts affected by the same, except by their assent 
 daly obtained to its provisions. 
 
 The appellant is correct in belie\'ing that town superintendents should 
 always give notice of their intention to consider a proposed alteration, so 
 that the trustees may have the opportunity of associating the supervisor and 
 town clerk in the proceedings, and of urging their own objections ; Super- 
 intendent Benton declares that an omission in this respect renders the order 
 void. 
 
 The appeal is, therefore, sustained, and the order of the town superintendent 
 vacated. Per V. M. Rice, jNIay 28, 1855. 
 
 The statntfi anthorir;es the association of the town cleric and supervisor with the town 
 eupeiiutcudent (school commissioner), upon the application of the trustees of any district 
 to be aft'ected by their action. 
 
 If only one trustee make such application, such hoard does not obtain jurisdiction of the 
 subject-matter ; the application of a majority or all of such trustees is necessary. 
 
 In this case, districts situated in both towns being affected by the proposed 
 order, a single trustee of district No. 2, in Halfmoon, and of joint districts Nos. 
 8 and 18, in Halfmoon and Waterford, applied to the supervisors and town 
 clerks of the two towns to be associated with the superintendents in their 
 deliberations. The order was made by this board, thus assembled, and the 
 answer sustaining and defending it is signed by every member. 
 
 The appellants insist that the board was entirely destitute of jurisdiction. 
 The statute authorizes the association of the town clerks and supervisors with 
 the town superintendents only upon application of the trustees of any district 
 to be affected by the proposed action. If a majority of the trustees of any one 
 district make the application, it cannot be doubted that jurisdiction is given as 
 to all ; in this case, however, a majority of the trustees of no district made the 
 application, and the supervisors and town clerks, composing a majority of the 
 board, had no authority whatever in the premises. 
 
 Considerable research has failed to discover any adjudged case in which the 
 precise point here presented has been determined. It is, however, believed to 
 be impossible, in accordance with general principles, to sustain an order made 
 by a tribunal which, in its constitution as a whole, has no jurisdiction, although 
 including persons, as in the case of the two town superintendents, who. acting 
 alone by themselves, would have possessed the requisite authority, and, 
 although these persons all concur in the order, and nothing appears showing 
 that their judgment was in any degree controlled, or their deliberations affected, 
 by the presence of third parties. 
 
 The difficulty is, that it must always be practically impossible to ascertain 
 whether the decision is, in fact, the unbiased judgment of those to whom the 
 duty of making it has been committed by law. It may be said that a judicial 
 olKcer is not only blameless but praiseworthy for seeking to enlighten his own 
 mind by the suggestions of disinterested and intelligent advisers. There is a 
 manifest difference, however, between his voluntary application, which is con- 
 sistent with that judicial independence which it is so important to preserve, 
 and his being subjected to the iulluence of persons claiming to deliberate with 
 him as a matter of right. It is, moreover, an element in the policy of the law, 
 that all persons required to exercise judgment for tiie public good should be 
 held to an individual responsibility, and not be permitted to diminish it by dis- 
 tributing a part of the burden among others. 
 
 The appeal is sustained. Per V. M. Kice, July 14, 1855.
 
 312 FOKMATION AND AlTERATIOX OF DiSTKICTS. 
 
 Town snperintendents (school commissioners) have no authority to alter the boundaries of 
 a school district, if the same have heen established by this department upon appeal, 
 until after the lapse of three years from the time they were so established, -without 
 express permission of the State Superintendent. 
 
 The appellants, in makinof tlieir annual report, envimerated, among the 
 children of their district, the five children of Mr. William Kaynor. In making 
 his apportionment, the town superintendent deducted these children from the 
 enumeration of district No. 22, on the ground that they and their father ■were 
 residents of the adjoining district, No. 21. The trustees of the latter district 
 answer the appeal. 
 
 It appears from the evidence that the farm of Mr. Raynor was taken from 
 district No. 22, some five or six years since, and annexed to district No. 21, by 
 an order of the town superintendent, that officer not being aware that the line 
 between the said districts had been established in ISoO, by the State Superin- 
 tendent, upon appeal. 
 
 It has been held that town superintendents have no power to alter the 
 boundaries of a school district, if the same have been established by this 
 department, upon appeal, imless consent shall have been previously given by 
 the State Superintendent for such alteration. This rule was established to 
 prevent the decisions of the department from being deprived of any practical 
 eflfect, as might be the case if, immediately after the decision, a new order 
 could be made precisely or substantially similar to the one which has been set 
 aside. 
 
 This reason fails, however, when lapse of time and a consequent change of 
 circumstances may have made the reasons no longer applicable which controlled 
 the decision. As this is a subject of regulation, it will hereafter be held that, 
 after a lapse of three years from the time when the boundary of a district shall 
 have been established by this department, upon appeal, it shall no longer be 
 requisite to apply for express permission of the State Superintendent to 
 authorize a local officer to make an alteration of the same. 
 
 In the case under consideration, the appeal should be sitstained, ■without 
 reference to the above mentioned objection. It is the duty of the town super- 
 intendent to apportion the public money according to the number of children 
 in the several districts " as the same shall have appeared from the last annual 
 reports of the trustees," and not otherwise. If he deems the report incorrect, 
 it is proper for him to call upon the trustees to correct it, and if they refuse to 
 do so, they may, perhaps, render themselves liable to the penalty imposed for 
 willfully signing a false report, with the intention of causing the town super- 
 intendent to apportion and pay to their district a larger sum than its just 
 proportion of the school moneys of the town. The report, however, is conclu- 
 sive until it shall be amended by the trustees, or the question be determined 
 on appeal. Per V. M. Rice, May 12, 1855. 
 
 The Superintendent of Public Instruction •vvill reverse an order of a town superintendent 
 (school commissioner) annexing one district to another, where the inhabitants of either 
 are opposed to the union, and have sulHcieut means for the support of a school, it being 
 an abuse of his discretion. 
 
 This is an appeal from an order of the county superintendent of Greene 
 county, who confirmed the proceedings of a town superintendent of the 28th 
 June last, uniting districts Nos. 2 and 19 of the town of Catskill. The county 
 superintendent sustained the order of the town superintendent and dismissed 
 the appeal. From this decision this appeal is brought. 
 
 From a careful examination of the papers in the case, the superintendent is 
 compelled to differ in opinion with the cf)iinty superintendent and town board, 
 by whose order the union of districts Nos. 2 and 19 has been effected. It appears 
 that sufficient importance has not been given to the facts that the inhabitants 
 of district No. 2 almost unanimously remonstrated against the projioscd union ; 
 that they have every necessary facility within themselves, as at present organ- 
 ized, to sustain a good school ; that, for several years past, they have done so, 
 and that they do not need any accession of territory, taxable projjerty or inhab-
 
 FOKMATIOX AND AlTERATIOX OF DiSTEICTS. 313 
 
 itanta ; that district No. 19, so far as wealth and children of the proper age to 
 attend school are concerned, is far more able to keep up an efficient organiza- 
 tion than district No. 2 ; and that the failure of tlie inhabitants in district 19, 
 under such circumstances, even to procure a school-hous(;, so far from entitling 
 them to special consideration, ou zht, ujwn every principle, to operate adversely 
 to their claim. Doubtless the union of two districts contiguously situated, and 
 together occupying a small area, -would prove mutually advantageous, provided 
 such union could be effected by the general consent and co-operation of the 
 inhabitants interested. But, in the absence of such consent, and especially 
 in the face of a determined and unanimous opposition to such an arrange- 
 ment on the part of one of the districts proposed to be united, a consolida- 
 tion could, in the judgment of the department, only prove detrimental to 
 the cause of education, and subversive of the best interests of all concerned. 
 No good reason can be perceived why the inhabitants of district No. 19 should 
 not promptly avail themselves of the ample means at their command, to organ- 
 ize and etiiciently sustain a school of the highest grade of excellence, instead 
 of perriiitting their territory to be parceled out into private and select schools. 
 They do not need the aid of district No. 2, in order to the accomplishment of 
 this object. The decision of the county superintendent is hereby reversed. 
 Per Young, August, 1813. 
 
 Trastees cannot wive notice for themselves, and receive it for the district as trustees, of an 
 application to be set off to anotlier district, and assent to being set off in their official 
 capacity. They cannot act in a twofold capacity. 
 
 The appellants state that two of the trustees of their district made applica- 
 tion to the town superintendent, without giving notice to their colleague, that 
 their own lands might be set off to district No. 5, and that upon that applica- 
 tion, without consent of the other trustee, the order was made setting off one 
 of them, Mr. Southworth. It does not appear, although it may be surmised, 
 that Mr. Ellis is the other trustee thus applying. If such w^as the fact, there 
 would be no notice, in a proper sense, to any trustee of the district. When 
 they applied to be separated, it was in their individual capacity and not in 
 their official character. 
 
 Tliey were acting prima facie, not in behalf of but against the district ; 
 applying as private indi\"iduals to be set off, and assenting to being set off in 
 the capacity of representatives of a constituency that may, if the practice 
 should be tolerated, be without an opportunity of opposing. It follows, there- 
 fire, that notice to them has no effect whatever upon the rights of the district. 
 There is no evidence in this case that any written notice of the order has been 
 served upon the third trustee, or in fact upon any trustee. The contrary is to 
 be presumed, . from the fact that one of the answers sets up their application 
 and consent as dispensing with such notice. The order, then, has not taken 
 effoct. 
 
 There exists a manifest objection to impairing the resources of a feeble 
 district to swell those of one relatively stronger, and it is against the settled 
 rulins: of this department. 
 
 The ajijieal is, therefore, sustained. Per E. P. Smith, Deputy Superin- 
 tendent, July 19, 1855. 
 
 The town clerk and supervisor have no power to review an order to alter a school district. 
 
 The town superintendent of Bolton had divided district No. 5, in said town, 
 without the consent of tlie trustees. The latter applied to the town clerk and 
 supervisor to review the order for such division, and from their refusal brought 
 an appeal to the Superintendent of Public Instruction. 
 
 Tiic supervisor and town clerk were correct in holding that they had no 
 jurisdiction to review an order made by the town superintendent. The statute 
 provides that these officers may, upon application of the trastees, associate 
 themselves with the superintendent in determininiir upon a proposed alteration 
 of a school district. It is implied, from this provision, that the trustees ought 
 
 40
 
 314 Formation and Alteeatiox of Districts. 
 
 to have such notice of a contemplated alteration aa would enable them to 
 exercise their right in this respect. The statute, however, does not prescribe 
 such notice or rejriilate the manner in which it shall be given ; in fact, the 
 trustees might themselves desire an alteration which they knew the super- 
 intendent to regard as inespe<:lient, and it is obvious that, in such case, it 
 would devolve iipon them to give notice to him and not to expect one. The 
 spirit of the statute is satisfied whenever it appears in any way that the 
 trustees have had the opportunity of availing themselves of the counsel of 
 the supervisor and clerk, instead of trusting the matter to the unaided judg- 
 ment of the superintendent. 
 
 In this case it clearly appears, indeed, it is not denied, that, previous to the 
 making of the order in question, the supervisor, town clerk and superintendent 
 Avere assembled upon an informal call of the inhabitants to consider the subject 
 of an alteration ; that the trustees were present and had their attention dis- 
 tinctly called to the fact that the town clerk and supervisor could act only on 
 their application, and that they stood mute. The objection comes with an 
 exceedingly bad grace from them, that they have been deprived of the oppor- 
 tunity to do that which they had refused to do when it was in their power. 
 It is entitled to no weight whatever. Per V. M. Eice, December 1, 1855. 
 
 A commissioner having made an order altering a district, and the trustees dissenting, and 
 asking the town clerk and supervisor to be associated with the commissioner, in a review 
 of the case two adjournments were had, and the commissioner made an order confirming 
 his first order, without waiting for the second meeting: held, that his order was void. 
 
 On the thirtieth of November, 1866, the commissioner issued an order chang- 
 ing the boundary lines of school districts Nos. 2 and 3, of the town of Kinder- 
 hook, by setting oH' the farm owned and occupied by Edward Ponkman from 
 said district No. 2, to said district No. 3. The trustees of district No. 2 dissented, 
 and the commissioner directed that the order should not take effect until March 
 15, and appointed a day when he would meet with the dissenting trustees, 
 and hear and determine their objections to said order, the trustees requesting 
 the town clerk and supervisor to associate themselves with the commissioner 
 on such hearing. On the day appointed, as above stated, only the commis- 
 sioner and town clerk were present, whereupon, without hearing or deciding 
 the matter, an adjournment was effected to the twenty-fourth of December. On 
 the twenty-fourth of December the boards again met, all the members being 
 present. After hearing the statements of both parties, the supervisor and 
 town clerk voted to adjourn to the twenty-ninth of December, for the purpose 
 of taking measurements, etc. Immediately after this resolution to adjoiirn, the 
 commissioner, without further consultation with the supervisor or town clerk, 
 issued an order confirming the previous order, the supervisor and town clerk 
 protesting against his action. It is evident that if the board had power to 
 adjourn in tlic first instance, it had also power, hy the vote of a majority of its 
 members, to adjourn the second time. Granting, for tlie sake of argument, 
 that the board has power to adjourn, then the order issued by the commis- 
 sioner after an adjournment had been effected, confirming his previous order, 
 was void. But if tliese boards have no ])ower to adjourn, then the commis- 
 sioner's order is void, because it was not issiicd on the day appointed, in the 
 first instance, for liearing and determining objections to the original order. 
 
 Whichever view of the case is taken, it is clear that the commissioner's 
 order is invalid. 
 
 On examining the affidavits of the trustees of district No. 2, and of the 
 supervisor and town clerk of Kinderhook, as well as the map of the two dis- 
 tricts submitted with the appeal, I am satisfied that this order, aside from any 
 technical irregularities, ought not to stand. For the reasons and on account 
 of the irregularities first mentioacd, it is hereby decided that the order issued 
 by the said school commissioner on the twenty-fourth day of December, 18GG, 
 as aforesaid, altering the boundaries of school districts Nos. 2 and 3. of said 
 town is void and of no effect whatever. Per V. M. llice, March 11, 1867.
 
 Formation and Alteratiox of Districts. 315 
 
 A commissioner havins; fixed tlie date when an order for tlie alteration of a district shall 
 take efluct, caunot, by a subsequent order, extend the lime. 
 
 Wlien a commissioner appoints a meetinfr of tlic supervisor and town clerk 
 for the purpose of conferrinrj or rejectinjj an order to alter a district for a day 
 subsequent to the date fixed for said order to take effect, and, on said subse- 
 quent day, confirms his first order, his last order and all his proceedings are 
 null and void. 
 
 On the first day of December, 1866, the commissioner issued an order 
 makinof alterations in district No. 11, and certain other school districts 
 mentioned therein, directin<^ that the same should not take effect as to 
 dissenting school districts (among which was said district No. 11) until 
 March 1, and giving notice to the trttstecs of affected districts of a time 
 and place wheu and v/here he would hear and determine objections to said 
 order. 
 
 At the appointed time and place the appellant Avas present, but the commis- 
 sioner failed to appear. Subsequently he sen-ed upon appellant a notice 
 appointing another day for the purposes above mentioned, but ttpon that day, 
 as upon the day previously appointed, the commissioner did not appear, 
 although said trustee was present. Supposing that, from his failure to appear, 
 the commissioner had determined to let the matter drop, the inhabitants of 
 said district, at a special meeting held January 7, 1867, voted to build a new 
 school-house ; and, according to instructions, said trustee contracted for the 
 building of such school-house, made out his tax list, warrant, etc., and placed 
 them in the collector's hands. 
 
 In the latter part of February the commissioner gave to said trustee notice 
 of a meeting to bo held March 5, at which he would hear and determine objec- 
 tions to the order issued as aforesaid, and at the same time extended the time 
 at which such order should go into effect. 
 
 On the appointed day the commissioner was present, and, after due con- 
 sideration, issued an order confirming that made December 1, as aforesaid. 
 
 The respondent submits an atnda\it that he was prevented, by the bad state 
 of the roads, and by the inclemency of the weather, from meeting said trtistee 
 at the time first appointed. He shows that he made an attempt to reach the 
 designated place at the time appointed, and that it was through no fault of 
 his own that he was not present according to notice. 
 
 There are two reasons why this answer is insufficient to excuse the irregu- 
 larity complained of In the first place the final meeting was held, not before 
 the iirst of March, the day upon which the original order was to have taken 
 effect, but upon the 5th of Jfarch. No valid action ha%'ing meanwhile been 
 taken to confirm the original order, -which, in conseqitence, expired on the 
 day when, had it been properly confirmed, it would have taken effect. 
 There was, consequently, no foundation for the confirmatory order issued 
 March o. The action of the commissioner in extending the time for the 
 taking effect of said original order imparted no lengthened \itality thereto, 
 it being a general rule of law that courts of inferior jurisdiction cannot 
 alter or review their own judgments, and in these cases of altering district 
 boundaries the school commissioner acts as a court having inferior juris- 
 diction. 
 
 Again, if the order for extending the time beyond the three months, and 
 appointing a new meeting with the trustees for the purpose of hearing objec- 
 tions to the proposed changes, be considered as a proceeding de novo, then his 
 action is void, because the order, as confirmed, took effect within three months 
 from the date of the notice of such meeting, contrary to the provisions of 
 section 3, title 6, of the General School Act. 
 
 The appeal is sustained, and the said orders isstied by Commissioner Miller 
 on the 1st of December, 18G6, and the 5th of March. 1867, so far as they affect 
 school district No. 11. of the town of Harmonv, are hereby declared void. Per 
 V. M. Kice, July 12, 1867.
 
 316 FOEMATION AND ALTERATION OF DiSTEICTS, 
 
 A commissioner carrnpt appoint a day for hearinc: objections to an order for the alteration 
 of a district subsequent to the date fixed for it to talic effect. A confirmatory order made 
 ou such subsequent day is void. 
 
 On the twenty-first day of November, 18G6, tlie scliool commissioner issued 
 an order consolidating scliool districts Xos. 3, 7 and 8, of the town of Clymer, 
 and No. 3, of the town of French Creek, and also annexing to said consolidated 
 district portions of district No. 6, of Clymer, and joint district No. 5, of 
 Clymer and French Creek. Said order, so far as it affected district No. 3, 
 of Clymer, and. No. 3, of French Creek, took effect immediately, the consent of 
 the trustees lia\'ing been given. So far as the other districts above mentioned 
 were affected, said order was not to take effect till the twenty-first day of 
 February, 1867. Said commissioner also gave notice, to the trustees dissenting 
 from said order, of a time and place wlien and where he would meet them, 
 and hear and determine objections to said order. Said trustees were present 
 at the time and place appointed, but the commissioner failed to meet them. 
 
 Another notice was served upon said trustees by said commissioner, appoint- 
 ing another day on which the meeting above mentioned would be held, and 
 the before mentioned objections considered. Again the said trustees were 
 present at the specified time and place, and again the commissioner failed to 
 meet them. 
 
 A third notice, in substance the same as the others, appointing the tcntlx 
 of March as the time when he would meet said trustees for the purposes abova 
 mentioned, was served by said commissioner. The dissenting trustees again 
 presented themselves, and were this time met by the commissioner, who, after 
 listening to their objections, determined to confirm his previous order, and 
 did so confirm it, by a writing, imder his hand, directing that the same should 
 take effect March 29, 1867. The trustees of said district No. 8 now appeal 
 from said order, and ask that so much of it as relates to the school district be 
 declared void and set aside for the following reasons : 
 
 1. On account of the failure of said commissioner to meet said trustees at the 
 time first appointed, or within the time required by law ; 
 
 2. Because the distance to the school-hoiise of the consolidated district is so 
 great that it will be impossible to send children to school ; 
 
 3. Because it will make additional and unnecessary expense for the inhabi- 
 tants of "said district No. 8 ; 
 
 4. Because of the influences around the \illage of CljTner, where the school- 
 house of the consolidated district is to be situated, are bad. 
 
 Under the second point, the appellant states that the point in said district 
 No. 8, nearest the village of Clymer, is three-quarters of a mile distant, and the 
 farthest point therein is distant from said village two and three-quarter miles ; 
 that the inhabitant of said district li^^ng nearest said village is distant one 
 mile and a' quarter, and that the farthest inhabitant thereof is distant two 
 and one-half miles therefrom. In support of the third point, the said trustee 
 claims that the said district has now a comfortable, though old-fashioned 
 school-house, and further claims that the district has passed a resolution to 
 build a new school-house during t]ii> present season. 
 
 To support his fourth point, appellant alleges that there are in said village 
 a liquor tavern, grocery store, etc., where the scholars can obtain liquor, and. 
 v.'here, so far from their homes, the children would be likely to learn profanity 
 and drunkenness. It is also claimed by the appellant that fourteen out of tli0 
 eigliteen legal voters of said district are opposed to said consolidation, and that 
 they have signed a remonstrance against the same. 
 
 The answer to the appeal shows, in explanation of the failure of the commis- 
 sioner to be present at the time and place first appointed for the purpose of 
 hearing and deciding objections to said order, that " tlie snow was so deep and. 
 so badly drifted that it was impossible and even absurd to attempt traveling at 
 tlie time." This answer is not as complete as I could wish. It does not show 
 that any olffiDipt was made by the commissioner to keep his engagement. Tho 
 ap]ii\il pa])ers show that the trustees were able to travel from their respective 
 homes to tho place designated by the commissioner, and that they were at the
 
 FOEMATION" AXD AlTEEATION OF DISTRICTS. 317 
 
 appointed place at the appointed time. Why, then, was it impossible for the 
 commissioner to reach the desifinatcd place at the proper time? It might 
 have been argued that the comiiiissiuiier had a greater distance to trav'cl, and 
 that tlie roads over wliich he woiikl have been obliged to pass were in worse 
 condition than those over which the trustees traveled ; but such a defense is 
 not set up in the answer, nor is it claimed therein that the commissioner made 
 an attempt to reach th(; place at the appointed time, and that he was forced 
 back by the bad condition of the roads or the inclemency of the weather. 
 
 It will be remembered that, by the terms of the first order, the altera+ion, so 
 far as it aifected the dissenting districts, was to take eff.'ct some time between 
 the 20th day of February and the 1st day of March. But, before such order 
 could take effect as to tlie.se districts, it was necessary that a hearing should be 
 granted to their trustees, and a subsequent order is issued confirming the first 
 order. It has been held in this department time and again that, unless this 
 subsequent confirmatory order shall be issued, the first order, so far as it alFects 
 dissenting districts, falls to the ground, expiring on the day originally fixed for 
 its taking effect. 
 
 In this case, the confirmatory order was not issued till March G. Before 
 that date, the time fixed upon for the taking effect of the first order had 
 elapsed, and such order was, therefore, according to the rule above quoted, 
 dead. Being dead, the confirmatory order could not resuscitate it, and this 
 latter order having, therefore, no foundation upon which to stand, also falls. 
 There is no doubt in my mind but that a commissioner, where prevented from 
 meeting the dissenting trustees at tlie time appointed, by circumstances over 
 which he had no control, may designate some other time and place, by giving 
 the notice prescribed by law. But such time must be before the expiration of 
 the time mentioned in the first order for the taking effect thereof. 
 
 For the reasons above set forth, I feel bound to sustain this appeal, and said 
 order issued by the said commissioner on the 21st of November, 1866, as afore- 
 said, so far as it affects district No. 8, of the town oC Clymer, and all other 
 school districts, the trustees of wliich did not consent to such order, is hereby 
 declared void, together vdth the subsequent confirmatory order issued March 6, 
 1867. Per V. M. Rice, July 12, 1867. 
 
 A school commissioner has no power to declare illegal a meeting held to decide upon the 
 formation of a union free school district, and to authorize another meeting. 
 
 It appears from the testimony sttbmitted in this case, that a special meeting 
 was duly called and held in said district about the 10th of November, 1866, for 
 the purpose of deciding whether a union free school should be established 
 therein. The vote on the question was taken by ballot ; twenty-six votes were 
 cast, of which seventeen were in favor of organizing such free school, and nine 
 against the same. The jiroposition, not having received the assent of two- 
 thirds of the legal voters present and voting, was declared lost. Subsequently, 
 by order of the school commissioner of the second district of Chautauqua 
 county, another special meeting was held on the 29th of December, 1866, 
 Baid commissioner having decided that the meeting held on the 10th of 
 November, as aforesaid, was void on account of certain irregularities specified 
 by him. This second meeting also proceeded to ballot on the question of 
 organizing a free school in said district ; sixteen ballots were cast which had 
 written on them " For Union Free School," and ten were cast which had writ- 
 ten on them, " Against." In counting the ballots, the chairman rejected all 
 those having written on them the word " Against," and d(>clared the vote in 
 favor of a union free school unanimous. All those who dei)osited the ballots 
 on which were written the word " Against," make affidavit that they are 
 legally entitled to vote at school district meetings in said district, and that by 
 the word " Against," they intended against a union free school. 
 
 All the proceedings in the matter of organizing a union free school in this 
 district since the meeting held on the lOtli of November, as aforesaid, are void. 
 In the first place the school commissioner had no jurisdiction to pronounce the
 
 318 FoEirATiox axd Alteration of Districts. 
 
 proceedings of that meeting void, nor to order another special meeting to be 
 held for the purpose of voting upon the question decided at that meeting. 
 The Superintendent of Public Instruction is the only school officer authorized, 
 by law, to assume jurisdiction over that class of questions. But, even if the 
 second meeting had been legally held, I should still be obliged to decide that 
 the motion to organize a free school in said district was lost, because less than 
 two-thirds of those present and voting cast their ballots in favor of such 
 proposition. The appeal is hereby sustained, and the proceedings of the meet- 
 ing held in said district, December 29, 1866, are pronounced void. Per V. M. 
 Eice, March 11, 1867. 
 
 A district is not anunlled unless all its parts are annexed to adjoining districts, so that 
 
 nothing of the original district remains. 
 Unless the commissioner's order for the alteration of a district recites the refusal or consent 
 
 of the trustees, it is null and void. 
 
 No answer to this appeal having been filed in this department, the state- 
 ments made by the appellants must be taken as true, and decision be rendered 
 accordingly. It appears that on or about the third of August, 1866, the said 
 commissioner, by an order filed viith the town clerk of Westville, divided dis- 
 trict No. 2 of said town into two poilions, calling the south part of the old 
 district No. 8, and the north part No. 2. By the terms of the order the old dis- 
 trict is dissolved; but, as one of the new districts fonned consists entirely of 
 territory formerly comprised within the limits of old district No. 2, it is plain 
 that it was not a dissnlution, but an alteration, of said district, that was effected. 
 A district is annulled only when all its parts are annexed to other districts, so 
 that nothing of the original district remains. If any of it remains as a dis- 
 tinct district, though designated by a new name and number, it is not a case 
 of " annulling." Now, in every case of alteration, when the consent of the 
 trustees of the district to be aftected is not obtained, it becomes necessary for 
 the commissioner, in making his order, to recite the refusal of the trustees and 
 to direct that said order shall not take effect, as to .such dissenting district, 
 until a day therein named, and not less than three months after notice to the 
 dissenting trustees of the time and place when and where their objections 
 Avill be heard. {Sections 3 and 4, idle Q, General School Lato o/1864.) But the 
 order above referred to does not recite either tlie assent or refusal of the 
 trustees, but directs that the order shall take etfect October 1, 1866 — less than 
 two months from the time of making said order. 
 
 Very plain and clear provisions of the law have thus been altogether disre- 
 garded by the commissioner, and the Superintendent cannot sustain liis action. 
 
 The appeal is hereby sustained, and said order, made by said commissioner, 
 as aforesaid, and filed witli the town clerk of \YestviIle, is hereby declared 
 null and void. Per V. M. Pace, September 29, 1866. 
 
 It is only after a school commissioner has granted an order for the alteration of a school 
 district, that the supervisor and town clerk can be associated with him to review his 
 proceedings. 
 
 It appears that some time during the school year closing Avitli September 
 30, 1865, application was made to the school commissioner for the second com- 
 missioner district of Franklin county, for division of school district No. 2, in 
 tlie town of \Vest\'ille. The commissioner decided not to divide. It appears 
 that subsequently, on the eleventh day of August, 1865, the supervisor and 
 town clerk of the town wore associated with the commissioner, and the three, 
 acting as a board, rendered a decision in terms reversing the order of the com- 
 missioner and dividing the district. Tlie supervisor and town clerk have no 
 jurisdiction in the alteration of school districts, except in cases where the com- 
 missioner has granted an order making an alteration. This is not such a case. 
 Therefore, the order made by the scliool commissioner for the second commis- 
 sioner district of Franklin county, and the supervisors and town clerk of tlie 
 town of Westville, in said county, on or about the fourth day of August, 1805, 
 dividing school district No, 2, of said town, was, and is hereby declared, null 
 and void. Per V. M. Rice, March 30, 186().
 
 FOEMATIOX AXD ALTERATION OF DISTRICTS. 319 
 
 A school commissioner has no jurisdiction to alter a school district until the trustees 
 
 thereof have been asked and have given or refused to give their consent. 
 Tlie order for the formation of a district must contain a recital of such consent or refusal. 
 
 Under section 3 of title G of the consolidated scliool act of 1804 tlie school 
 commissioner has no jurisdiction to make an order altering a school dis- 
 trict until after the trustees have been asked and have refused to consent to 
 the proposed alteration. These appellants, three in number, all swear that 
 their consent to tliis alteration had not been asked subsequently to the deci- 
 sion of the appeals brought to this department from this same district last year. 
 There is no allegation in any paper submitted to the Superintendent by the 
 respondent claiming that any such request had been made previous to making 
 the order bearing date June 8, 18(35, altering the boundaries of said district. 
 
 Tlierefore, I must hold that no such consent was asked or refused. Hence, 
 the order made by the school commissioner was void for want of jurisdiction. 
 But the section above referred to provides, also, that the commissioner may 
 make and file with the town clerk his order making the alteration, but reciting 
 the refusal, etc. The order made in this case recites no such refusal, and lience 
 the commissioner, having failed to comply with the plain requirement of the 
 statute, and to recite in the order the fact giving him jurisdiction to make it, 
 the order is void. 
 
 The appeal is, therefore, sustained, and said order, made by said Orrin R. 
 Bouton, school commissioner, and the confirmation thereof referred to in the 
 said appeal, are hereby declared null and void. Per S. D. Barr, Deputy Super- 
 intendent, December i6, 1865. 
 
 A district cannot he compelled to rebuild where school-house has been destroyed; but, 
 where it for a long time refuses to do so, may be annulled and attached to others 
 adjoining. 
 
 There is no law by which a district can be compelled to rebuild, where the 
 school-house has been destroyed ; but a trustee is empowered to hire rooms 
 temporarily, for the accommodation of the children, whenever he shall deem 
 it necessary. This he can do Avithout a vote of the district. If the district 
 refuses to build for an unreasonable length of time, the school commissioner 
 of the district Av-ill examine into the case, and report as to the expediency of 
 annulling the district and attaching it to those adjoining. Per V. M. liice. 
 Superintendent, February 7, 1866. (Lttters, vol. 5, p. 130.) 
 
 School commissioners not to form new districts nntil boundaries are defined by inhabitants. 
 School commissioners should not make any order forming a new school 
 district until after the inhabitants shall Ijave properly defined the boundaries 
 of the proposed district. Per V. M. Rice, Superintendent, March 26, 1866. 
 {Letters, vol. 5, ^^. 243.) 
 
 School commissioners may, at any time, amend the records of district boundaries. 
 An amended record of the boundaries of school districts may be made,_ or 
 caused to be made by school commissioners, by virtue of subdivision 1, section 
 13, title 2 of the general school law as amended by section 2, chapter 547, 
 Laws of 1865, at any time, whether between the first days of xVpril and October, 
 or not. Of course this does not give them the power to alter districts, by 
 taking from or adding thereto property, the exact location of whicli has been 
 before definitely ascertained and understood between April 1 and October 1 ; 
 but it does give them the power to settle disputes in regard to district bounda- 
 ries at anv time. Per V. M. Rice, Superintendent of Public Instruction, April 
 5, 1866. {Letters, vol. 5, p. 266.) 
 
 Commissioners only have power to form and alter school districts. 
 The law gives to inliabitants of school districts no power to dissolve or annul 
 their scliool district. Tliis power is vested in school commissioners only, and 
 can be exercised by them only under certain restrictions. Per S. D. Ban, 
 Deputy Superintendent, October 11, 1866. {Letters, vol. 5, p. 616.)
 
 320 Formation and Alteration op Districts. 
 
 Boards of supervisors have no power to alter school commissioner districts. 
 
 The commissioner districts, as orfjanized under cxistinp^ laws, and as recog- 
 nized in the election of school commissioners in 1803, must continue to be 
 held and regarded as the school commissioner districts of your coimty, until 
 expressly altered or modified by the Legislature. 
 
 Boards of super\isors have no power to alter school commissioner districts. 
 (See sections 2, 3, and 6, of title 2, chap. 555 of the Laws of 1864.) Per V. M. Rice, 
 Superintendent of Public Instruction, October 9, 1866. {Letters, vol. 5, p. 614.) 
 
 Apportionment of property of clissolved district. 
 
 "Where a district is annulled, and a sale and apportionment of its property 
 made in a legal manner, and any inhabitant of the dissolved district refuses or 
 neglects to receive the share apportioned to him, the supervisor, on an affidavit 
 of the facts, will be authorized to pay over such share to the trustees of the 
 district of which such inhabitant is a member, to be applied by them in the 
 reduction of any tax which may thereafter be imposed on him for distinct pur- 
 poses. Per S. S. Randall, Deputy Superintendent, April 28, 1854. {Letters, vol, 
 1, p. 54.) 
 
 Districts, how consolidated or annulled. 
 
 A school district is consolidated when formed of two or more districts united. 
 It is annulled by annexing the several portions of its territory to adjoining 
 districts. Per V. M. Pace, Superintendent of Public Instruction, November 13, 
 1854. {Letters, vol 1, p. 376.) 
 
 Annulment of a district rests with school commissioner. 
 
 The annulment of a district rests with the school commissioner. This 
 department cannot interfere to prevent the act being done ; but it can set it 
 aside afterward on appeal, if it is made to appear that the dissolution ought 
 not to liave been effected. Per E. W. Keyes, Deputy Superintendent, April 16, 
 1864. {Letters, vol. 3, p. 107.) 
 
 The personal convenience of one or two inhabitants will not be permitted to control in the 
 alteration of districts, where such alteration would detach property from a weak district 
 and attach it to one much stronger. 
 
 On an appeal from an order of a school commissioner altering a certain 
 district, it was held, that whatever private convenience might l)e subserved, it 
 would be at a sacrifice of settled prijicijiles of public policy to carry into effect 
 an alteration, the apparent consequence of which would be to exaggerate the 
 disparity of districts already existing, and that such alteration, therefore, 
 would not be allowed. Per V. M. Rice, Superintendent, March 9, 1857. 
 
 Where an order for the alteration of a district is alleged to have been made, but no such 
 order is found recorded by the town clerk, other evidence in proof of the fact of 
 such order being made will be received. 
 
 Where no record of an alleged order altering certain school districts can be 
 found, tlic affidavit of the town superintendent at the time of the making of 
 the alleged order, that he actually made the order, will lae received in evidence, 
 and it will be assumed that the order was actually made at the time alleged. 
 Per V. M. Rice, Superintendent, March 31, 1857. 
 
 A school commissioner has no power to adjudicate upon the validity of an order made by 
 
 his predecessor. 
 
 On an appeal from an order made by a school commissioner, annulling the 
 proceedings by which certain territory was organized into a .scliool district, it 
 •was held, that tlie declaration of his opinion, however correct, as to the validity 
 of an act by his predecessor, lias no greater force than that of any other citizen. 
 Per V. M. Rico, Superintendent, February 7, 1857.
 
 Formation and Alteration of Districts. 321 
 
 The department will not eanction the pcttin<]: off of a person from a weak distnct to a 
 Btrong one, on account of a difficulty which he may have in the district where he 
 resides. 
 
 On an appeal from the procoodinfjs of tlio local otRcnrs in sc'ttinjr off from a 
 weak district the farm and residence of one of the inliabitants of said district, 
 the local officers, in justification of their course, set forth that a difficulty of 
 lonof standin<j exists between the inhabitant set off and tlu- district of wliich 
 he is a resident, and that, in consequence of this ditliculty, he has not for some 
 time sent to the school iu his district. They, therefore, felt that the cause of 
 education would be more cftectually promoted by setting him off to another 
 district. 
 
 A\'hile I concede that the motives of the local officers were just and worthy 
 in themselves, I cannot find iu the circumstances that surround the case a good 
 reason for the conclusion arrived at. The precedent established is a dangerous 
 one, which, though, if it could be localized, might not be very unfortunate, 
 3'et, if sanctioned by the department, and thus made of general apjdication 
 tl)Mugliout the State, would prove a source of unending contention and strife. 
 To secure a change from one district to anotlier would then only require the 
 party desiring such removal to get into some difficulty with the district. 
 
 For the reasons above set forth, the order will be set aside. Per E. W. 
 Keyes, Deputy Superintendent, October lo, 1859. 
 
 An alteration of a school district, lyin^ partly in the district? of two commissioner?, can- 
 not be effected without the joint action of the commissioners. Consent of trustees to an 
 alteration of district should recite the f.ict of a nieetiuiif and consultation. 
 
 The principle which this department has always recognized is that, when 
 any district, affected by a proposed alteration, lies partly within the jurisdic- 
 tion of two or more commissioners, their joint action is indispensable to give 
 jurisdiction of the subject-matter. It is not enough that the new district 
 formed lies wholly within the jurisdiction of one commissioner. The fact that 
 other districts, whose boundaries are thereby changed, are wholly or in part 
 within the limits of another commissioner's district, gives him a rightful voice 
 iu determining to what alterations, if any, such district shall be sul)jected. 
 
 The consent given by the trustees to tiie proposed alteration of their district 
 must show upon its face that there has been a meeting of the trustees to con- 
 sider and act upon the question of alteration. Where such is not the case, the 
 consent is of no account. Per V. M. Kice, Superintendent, April 17, 1863 
 
 Where a nevr district has been erected to settle a controversy, the inhabitants of such dis- 
 trict protest! nir that they were able lo maintain a school, it should not subsequently be 
 enlarged at the expense of surrounding districts. 
 
 Where a new district has been erected as a means of settling a district con- 
 troversy, the inhabitants forming the new district earnestly protesting that 
 they were abundantly able to maintain a school, and that they would not, at 
 any future day, ask for an increase of territory, held, that it is opjjosed to all 
 sound and just policy to grant the formation of a new district to pacify an 
 unhappy strife ; and, a few years after, to suffi-r tiie weakness and inefficiency 
 of such a district to plead in behalf of its further enlargement, and the conse- 
 quent re;liu'tion of surrounding districts. Such a jjolicy is j)ractically offering 
 a ])remium for contention and strife ; and, whenever any order for the altera- 
 tion of a district appears, to this department, to favor such a policy, it will be 
 annulled upon that ground. Per E. ^V. Keves, Acting Superintendent, Decem- 
 ber 5, 18G1. 
 
 Local boards for the alteration of districts cannot act upon districts lying outside their own 
 
 town. 
 
 Where a local board, composed of the schotd commissioner and the supervi 
 eor and town clerk of the town of M., ]n'ocee(Ied to act uiion a question of set- 
 ting ofl" portions of a district lying in the town of N., held, that the board so 
 
 41
 
 322 Formation and Alteration of Districts. 
 
 composed had no jurisdiction over tlie qiiestion, and that tlie order made by 
 them was absolutely void. Per E. W. Keyes, Acting Superintendent, Decem- 
 ber 5, 1861. 
 
 A coraniissioner has no power to divide a union free school district. 
 
 This is an appeal from the refusal of the school commissioner to divide the 
 district. 
 
 Aside from the merits of this case, I think there is a fatal objection to over- 
 ruling the decision of the commissioner, found in the fact that this appears to 
 be a union free school district, and, as such, it is my conviction that the school 
 commissioner has no power to divide it. If it were held that he had power to 
 divide it, many perplexing questions would arise. 
 
 In my opinion, therefore, there is no authority, short of the Legislature, 
 com])etent to effect the contemplated division. 
 
 The appeal is therefore dismissed. Per E. W. Keycs, Acting Superintend- 
 ent, December 5, 1801. 
 
 The department will not set aside a consolidation proper in itself, because of the existence 
 of new elements of opposition that have arisen since the consolidation was effected. 
 
 The local board, consisting of the school commissioner, the supervisor and 
 the town clerk, by an order ditly made, and in accordance with the policy 
 advocated by this department, consolidated two districts. The consolidation 
 of these districts had been favorably discussed by the inhabitants of each for 
 some time previously, but the basis of the consolidation is a matter of differ- 
 ence, owing to certain pecuniary irregularities in the two districts, and, conse- 
 quently, an appeal is brouglit from the action of the board. 
 
 To reverse the action of the board now, becaitse of conditions which they 
 could not anticipate, and for which they are not responsible, would, to my 
 mind, be an unjust reflection upon their official integrity and wisdom, and 
 would, practically, offer a premium to disaffection and discontent. I am by no 
 means insensible to the suggestion that a nominal union is of little value 
 where the spirit of union is not found. It may even be of positive disadvantage. 
 The utmost, however, that I am willing to do, is to refer the matter back to 
 the local authorities, empowering them to reverse tlieir action if the circum- 
 Btances of the case seem to demand it. Per E. W. Keyes, Acting Superintend- 
 ent, June 4, 1861. 
 
 The supervisor and town clerk cannot net with the coniniissioncr in altering the boiuidancs 
 of districts luilcss so requested. 
 
 This ajipeal alleges that the town clerk and supervisor were; ]ires('nt and 
 acted without autluu'ity, at a meeting to alter the bounilarii'S of certain dis- 
 tricts, not having been re(iuested to act with the connnissionor by tlie trustees 
 of either district affected. Tliis sutliciently disposes of the order, tor tin; town 
 officers could not ac(iuire jurisdiction ^vitllout the request of tlu; Irnstees, 
 and, without jurisdiction, tlieir action is void. Per H. II. Van Dyck, Sui)erin- 
 tcndent, December 15, 1800. 
 
 The consent of trustees to an alteration of their district requires a nieetinc:, and the fact of 
 a incetiiig should l)c set forth in ilie written consent u'iven. 
 
 This is an appeal from the order of the scliool commissioner altering the 
 boundaries of the district. 
 
 The order is issued ujion the ai^plication of two parties int(;rested, and ufwin 
 the written consL-nt of two of the trustees, one of whom is a party, desiring to 
 be set off Ijy said order to another (listri(;t. 
 
 Section 7, of cha])ter l.Tl, Laws of 18-')8, provides as follows: "Any two 
 trustees of any school district may malie any order or transact any business in 
 execution of tlu' jxiwers conferred upon said board of trustees by law ; provided 
 it shall appear iii the order of proceeding iUed by them, that all the trustees of
 
 Formation and Alteration of Districts. 323 
 
 the district met and deliberated on the subjects emhraced in each order or pro- 
 ceeding, or were duly notified to attend a meeting of the trustees for the 
 purpose of deliberating thereon." 
 
 No such meeting or notice appears upon the face of the proceedings in the 
 present instance. Tliere was, tlierefon;, no evidence before tlb^ commissioner 
 Butlicient to authorize him to nuike the order of alteration. Tlio commissioner 
 acted under a misa])i)reliension and the consent of the trustees, which he sujv 
 ]iosed genuine and valid, lacks every requisite that could make it bin<ling upon 
 him. The order is, therefore, set aside. Per II. II. Van Dyck, Superintendent, 
 August 27, 18G0. 
 
 Order altering: district boundaries will be set aside when tlic new boundaries arc not 
 delined by other lines than farms described by the names of the occupants. 
 
 An objection to the order appealed from is that the boundaries are not 
 pro])erly defined. I regard the objection as well taken. Boundaries should 
 be defined by known established monuments and marks, tliat survive the 
 chances and changes that transpire in the ownership of the soil. Boundaries 
 by men's farms or other transitory and perishable lini's, however significant 
 and ch'arly understood at the time, are perpetually subject to the changes and 
 vicissitudes of life, and the roving and commercial spirit of our age, and in a 
 few years become vague and uncertain, as the memory of men and the title 
 to their i)osscssions pass away. This vagueness and uncertainty concerning 
 the actual boundaries of districts whoso lines have been run to coincide with 
 farms that have afterward been cut up into smaller lots, or consolidated with 
 other farms, whereby the original boundaries have become obliterated, is a 
 fruitful source of contention, strife and litigation in school districts. This 
 department has, therefore, acted upon the policy of setting aside the action of 
 scho.jl odicers, in the alteration of districts, where this principle of defining 
 boundaries by proper monuments and prominent landmarks is disregarded. 
 Per II. H. Van Dyck, Superintendent, January 31, 18G0. 
 
 An order, cleflning the boundaries of a district, not intended as nn alteration, and made 
 under an evident or probable misapprehension of facts, will be vacated. 
 
 As in matters of this kind, where the interests of individuals are considera- 
 bly involved, it is but simple justice that they be preserved from the conse- 
 quences of error, or doubt, or misapprehension ; and finding, as I do, from 
 the evidence, a liability, not to say a strong probability, of such a niisap- 
 ]irehension on the part of the board, I am disposed to give the api)ellant tha 
 benefit of the doubt there may be of the correctness of the conclusions arrived 
 at, and the order of the board for the alteration of the district is hereby 
 vacated, and the matter is referred again to the proper officers, to take such 
 further and future action as may be deemed expedient. Per E. W. Keyes, 
 Deputy Superintendent, July 29, 1859. 
 
 Whore it is proved that notice of an alteration has not been given, and the .same has not 
 been recognized or acted upon, the order for such alteration will bo vacated. 
 
 It appears that in 1850, the town superintendent re-organized the districts, 
 and, in so doing, changetl the boundaries of districts No. 9 and No. 15. The 
 trustees of No. 9, in the year 1850, swear positively that no notice was ever 
 served upon them of any such alteration, and it is further shown that both 
 districts have ever acted in ignorance of such alteration. 
 
 The giving notice of any alteration is indispensable to its completeness. Aa 
 the evidence here is conclusive that no notice ever was given, the order referred 
 to is hereby vacated. 
 
 Had tin: alteration made in 1850 been recognized and acted upon, this would, 
 of itself, have been regarded as sufficientlv conclusive evidence of notice. Per 
 II. II. Van Dyck, Superintendent, July 28," 1859.
 
 324 Formation and Alteration* of Districts. 
 
 Commissioner justified in ofTei'ing the alternative to a district, to build a new school-house 
 
 iir be annulled. 
 
 It is represented tliat the commissioner, in an early visitation of tlie district, 
 suggested the necessity of their buildino; a new school-house, the old one being 
 altogetlier unsuitable for a school. So important was it esteemed by him, that 
 he assured them that unless they would build a house, he would annul the 
 district. That was equivalent to saying that if they possessed too little 
 vitality — too little interest in school matters — or were too poor and feeble to 
 furnish a good school-house, it was evidence conclusive to his mind that the 
 district ought to be annulled. 
 
 In this ])osition the commissioner was right. Per H. H. Van Dyck, Superin- 
 tendent, j\Iay 13, 1859. 
 
 Ab:!encc of the record of the formation of a district is iint material when such formation 
 is otherwise conclusively established. 
 
 On an ni>peal by the trustees of district No. 28, from the proceedings of the 
 trustees of district No. 6 adjoining, the following facts apjjcar : That district 
 No. 28 wns organized by act of the school commissioners in 184o, being formed 
 in part fnmi district No. G. Ample evidence is adduced to show that the 
 district was duly formed by the jiroper officers, and with the consent of the 
 trustees of the districts from which it was taken. By some mischance, 
 the order forming the said district was never recorded in the town clerk's 
 ofRce, and the trustees of district No. G, in making out their tax lists, had 
 assessed the property belonging to their district, as defined by the record, 
 thereby, of course, including tlie territory and inliabitants set off to No. 28. 
 From this action the trustees of district No. 28 a])peal. 
 
 The record not being a part of tlie act itself, but only evidence of it, its 
 absence is not material when the act can be proved by other conclusive or 
 satisfactory evidence. Such being the case in the present instance, the evi- 
 dence of the formation of district No. 28, is conclusive in the absence of tho 
 record. Per E. W. Keyes, Deputy Superintendent, May G, 1859. 
 
 An order consolidating districts will not be set aside on the ground that the inhabitants of 
 one of the districts are nearly unanimously opposed to it. 
 
 This is an appeal from an order of the school commissioner consolidating 
 district No. 8 with joint district No. G. The principal grounds upon which 
 the appellants claim a reversal of the order are that a large majority of the 
 inhabitants of the new district are opposed to consolidalion. 
 
 The wishes and convenience of tlie inhabitants of a school district should 
 not be wantonly or unnecessarily opposed. Still, it is a jiopular and prevalent 
 misapprehension that, in the organization or alteration of school districts, tho 
 voice of a majority of those intc^rested or aflccted must necessarily prevail. 
 Only u]ion the supposition of one or the other of the following conditions 
 would th(! ])ursuance of such a policy bo safe or just : First, that the district is a 
 community supporting its school wholly with its own means; or, second, that 
 the yiromolion of the wishes of the inhabitants shall be perfectly compatible 
 with the conservation of a just and libi-ral policy, embracing in its ojieration 
 0.11 the districts in the State. Tlu; first of these conditions is, of course, never 
 realized in otir system, and tlie evidence is such as to show that the second 
 condition is not realized in tin; second case. 
 
 The appeal for a reversal of the order of the commissioner cannot, therefore, 
 be favorably entertained ; and the order must be, and hereby is, aliirmed. 
 
 The princi]ile here involved, of sanctioning the consolidation of districts 
 whenever their separate existence must be maintained at an undue ]iul)lic sac- 
 rifice, except in those isolated instanci'S where tlie Ki)arscness of population and 
 limited assessed valuation render tluun proper ol)j(;cts of public charity, is of 
 general apidication, and may bo regarded as a ])recedcnt which the depart- 
 ment will foHow whenever similar issues are presented. Per H. II. Van Dyck, 
 Superintendent, February 24, 1859.
 
 FoRJrATION^ AND AlTEUATIOX OF DISTRICTS. 325 
 
 Where certain clutics are reqiiirod of public officer?, their performance will be presumed, 
 unless the coutniry i.* shown. 
 
 The general doctrine, that, where certain duties are required of public officers, 
 their pertbrmiince will be presumed unless the contrary is shown, is too well 
 established to admit of question. 
 
 In the decisi')n of Superintendent Spencer, as found on page 8, old Code of 
 Public Instruction, he excepts from this doctrine, in jj'neral terms, those cases 
 in whicli the duty enjoined is a subsetpient or final act, desiufuod to givb 
 validity to certain primary proceodings. He says, to quote his own words, that, 
 " The doctrine of presumption applies only to those cases where tlie act in 
 question should have been performed in the regular and ordinary courso 
 previous to the final act, and was necessarily incidental to it ; as, after a salo 
 upon execution, a levy will bo presumed," etc. 
 
 Now, with how much soever force and pertinence and justice this construc- 
 tion of the doL'trine of presumption may liave been applied in the particular 
 case under consideration, by the Hon. Superintendent at that time, I must 
 dissent from it as of o-eneral utility and propriety, and as not san'-tioned by 
 the uniform ruling of the highest judicial authority in England and this 
 coimtry. In a somewhat extended review of the cases in whicli this doctrine 
 is applied, I have been unable to find anywhere the distinction above referred 
 to, and here sought to be made paramount. 
 
 In 3 East., 192. the doctrine of presumption in favor of the discharge of duty, 
 on the part of a public officer, is fully discussed ; and, in that case, tlie duty to 
 be perform el was a final act, indeed, a singdj act only the performance of which 
 would make certain parties responsible for any neglect. Here it was presumed 
 that the officer, whose duty it was to give a certain notice, had given such 
 notice ; and it was held that the parties interested in overcoming this pre- 
 sumption must produce tlie proof positive that the" njtice required had not 
 been given, or else the doctrine of presumption must prevail. 
 
 Tins casj is continually referred to by our courts as standard authority 
 upon the doctrine of pi-esumption, and it appears to me so sweeping and 'con- 
 clusive, as to leave to the; opinion of Mr. Spencer very little force as the asser- 
 tion of an essiUitial and prevalent legal principle. Per II. H. Van Dyck, Super- 
 intendent, February 21, 18o9. 
 
 Where the trustees have piven their consent to an order annulling a ilistrict, there U 
 nothing in the proceedings which can be stayed by an appeal. 
 
 On an ai)peal from an order of the commissioner annulling a certain district 
 and annexing it to otlu^rs, it was held that there was nothing in the proceed- 
 ings to be stayed by the appeal, for the order of the commissioner had already 
 taken effect, and the only question was not -wdiether it should be jire vented 
 from taking elU'Ct, as it would have been if the trustees had not given tluiir 
 consent, but whetlusr the order should be reversed and the former condition of 
 things restored. Per H. II. Van Dyck, Superintendent, January 17, LS5!). 
 
 Where an order has once been made by a town superintendent annulling a certain school 
 district, which said order ha^ never been enforced, though duly recorded, it may be 
 enforced upon the demand of competent authority. 
 
 In the year 185.3 an order was issued by the town superintendent (school 
 commissioner) annulling district No. 4 of tliat town, which order was duly 
 recorded in the town clerk's office. He failed, however, to complete tlie work 
 commenced, by annexing the territory of the late district to those immediately 
 surrounding. 
 
 Disregarding this incomplete action of the town superintendent, the inhab- 
 itants of No. 4 still continued to act as a district, kept up a scho.ol, reported 
 pui)ils, drew public money, and, by the local olficers and by this department, 
 v/ere recognized as a district down to the present tim:3. Tlio order of the 
 town superintendent, before alluded to, has been held in abeyance, been sus- 
 pended, by the subsequent action of the district and the local officers ; but it
 
 326 FOEMATION AND ALTERATION OF DISTRICTS. 
 
 has not been revoked thereby, but still remains vital, to be enforced upon the 
 demand of the competent authority. Per E. VV. Kcyes, Deputy Superintend- 
 ent, January 22, 1859. 
 
 Where the presumption is in favor of the regularity of proceedings in the alteration of dis- 
 trict boundaries, the order making such alterations will be sustained. 
 
 On appeal from an order of the town superintendent defining and altering 
 the boundaries of the district, it was liM, that " only upon the presumption of 
 a doubt conccrnincr the legal validity of the order appealed from can the ques- 
 tion, as an original issue, be entertained by this department." In the present 
 case the record is found duly made in the town clerk's office, and upon a map 
 prepared under the direction of the town authorities the boundaries, as 
 described in said record, are properly delineated. The testimony is, therefore, 
 BO strong as to be nearly conclusive, and the evidence to the contrary, being 
 only negative, is entirely insufficient to rebut the presumption already estal> 
 lished. 
 
 The orders of the town superintendent are, therefore, declared valid, and the 
 appeal dismissed. Per E. W. Keyes, Deputy Superintendent, August 27, 1858. 
 
 Where trustees were misinformed as to the extent of the powers of town officers in a 
 proceeding for the alteration of the boundaries of a school district, and, consequently, 
 neglected to exercise those powers, the order of the commissioner in the proceeding 
 will be set aside. 
 
 It appears that, owing to the opinion expressed by the commissioner that 
 each town of a joint district had but one vote on the question of alteration, the 
 trustees neglected to notify the town clerks of their respective towns to meet 
 with the supervisor and commissioner in acting upon the subject. They 
 therefore claim that, being misled by this expression of opinion, the question 
 has not been fairly adjudicated, and request that it be referred back for review 
 by a full board. 
 
 The department is disposed to concxir in the views of the trustees. Labor- 
 ing under a misapprehension naturally and honestly entertained, and failing 
 to avail themselves of all the advantages which the statute confers. I conceive 
 that they are entitled to the interposition of this department in their behalf. 
 
 The matter is, therefore, referred back to the commissioner, with directions 
 to give notice of a meeting for the purpose of reconsidering the order already 
 made. Per E. \V. Keyes, Deputy Superintendent, July 21, 1858. 
 
 Where a contract has been made, under authority of the district, to build a school-house, 
 and a subsequent meeting votes to change and build on a new site, directing the trustees 
 to pay any damages claimed by the contractor on account of the change in location, 
 such action confers dangerous powers on the trustees, and is, therefore, unlawful. 
 
 A special meeting voted to build on the old site, and a tax of $oOO was voted 
 and the trustees directed to prosecute the work. At a meeting of the trustees, 
 pursuant to public notice, for the purpose of considering proposals for building 
 the school-house, a petition was ])resented to the trustees, signed by a respect- 
 able number of inhabitants, asking that a special meeting be called for tho 
 purpose of changing the site. The trustees, not feeling at liberty to deny the 
 petition, called a meeting. In tho mean time, however, under the instruction 
 of the previous meeting, they entered into a contract for the building of tho 
 house on the old site. 
 
 At the subsequent meeting, the trustees remonstrated against any action 
 being had on the subject of removing tlu; site, for tlie reason tliat a contract to 
 build on tlie old site had already been made. -• But the meeting voted to change 
 the site, and, at the same time, voted to raise a sufficient tax to indemnify the 
 contractor against all damages sustained by him in modifying the terms of his 
 contract. 
 
 Ildd, that, in thus directing the trustees to indemnify the contractor, tho 
 district conferred unauthorized and dangerous powc^rs upon the trustees, 
 whereby the rights and interests of the district were imi)eriled.
 
 Formation and Alteration of Disthicts. 327 
 
 The power to levy a tax for imajrinary expenses, to incur liabilities to an 
 indefinite extent, is not among those which the statute confers on district 
 meetings ; still less can such power be del(!gated to trustees. 
 
 I must, therefore, pronounce the action of tlie meeting upon a change of site 
 void. Per H. H. Van Dyck, Superintendent, May 2'J, 18oS. 
 
 Regularity of notice to trustees of intention to define boundaries of district. 
 Power of arbitrators over alterations of dlbtricts. 
 
 It has been decided by this department that an arbitration between iho 
 trustees of a school district and a person having a claim against it is proper 
 and legal, and the award binding on both parties. {(JLd Coda of Public Instruc- 
 tion, page 22.) It cannot be supposed that this decision was intended to confer 
 upon arbitrators higher jxjwers than the law confers upon trustees or upon the 
 district, nor to bring, within the j urisdiction of the former, questions upon which 
 the latter are incompetent to pass. They are competent to determine individ- 
 ual cases of controversy relative to matters which, if no disputes were to arise, 
 the trustees or the di.strict would be authorized to decide or adjust; but they 
 c.innot be invested with general powers to make awards that shall control 
 future action ; they canntrc establish preced.'uts of binding obligation, still less 
 can they usurp powers specially conferred upon a particular class of officers, 
 and render ultimate decisions which are wholly and only within the purview 
 of other authorities. The law has defined how and by whom the boundaries 
 of districts are to be fixed, determined or altered. The judgment of an arbi- 
 tration, upon ■}. collateral issue, may assume what are the boundaries of a dis- 
 trict, but it canaot establish them as such, except for the purpose of the partic- 
 ular issue presented. It cannot reach forward into the future and determine 
 other issues by the same assumptions. 
 
 ***■»* 
 
 The notice of a meeting of commissioners to establish or define the bounda- 
 ries of a district, when served upon the trustees of the district affected, mu.st 
 be signed by the commissioners themselves. It is not good if signed l)y the 
 trustees of another district. Per H. H. Van Dyck, Superintendent, May 4, 1858. 
 
 An order for the alteration of a pchool district, made by a board of local officers convened 
 for that purpose, should be !-i:fned by a majority of such board. Otherwise it is irregular 
 upon its race, not showing jurisdiction. 
 
 Exception is taken to an order altering the boundaries of the school district, 
 which is signed by only half of the board convened for the purpose of making 
 such altei'atiou. 
 
 The irregularity is ofross and palpaisle. The half of a board cannot is.sue 
 an order, and justify their action liy a vote of the majority, as was done in the 
 present case, but the majority must issue the order. The vote is but a means 
 to determine the will of the board ; the order is the act whereby the alteration 
 is effected, and must carry upon its face conclusive evidence of its authority. 
 Sucli is not the case in the present instnnce. I cannot approve the irregulari- 
 ties attending the proceedings, and feel, therefore, compelled to annul the 
 order. Per H. H. Van Dyck, Superintendent, March 23, 1858. 
 
 Individual opposition to a measure of public utility should be duly considered, but should 
 be allowed to have weight only as it lias a f.abstautlal t'oundatiun in reason and justice. 
 
 That due regard should be paid to the wishes and convenience of the inhab- 
 itants to be afft'Cted liy the alteration or consolidation of district?, will be admit- 
 ted without argument. That the wishes, the convenience and the interests, 
 pecuniary and general, of itidi\idcal3 ami jf the minority, must occasionally 
 give place to higher considerati(ms of public convenience and general good, is 
 ecjually true and obvious. While, therefore, individual ojiposition to measures 
 of jniblic utility should be duly considered, that opposition should be allowed 
 to have weight only as it has a substantial foundation in reason and justice. 
 A merely factious opposition, a dogged and persistent obstinacy, founded on
 
 328 * Library — Meetings. 
 
 Belfislmess or feeling or willfulness or some fancied illusion, cannot be success- 
 fully urged to defeat any public purpose, good and desirable in itself. It is not 
 the "fact of opposition, but the occasion for it, that is to be considered. Per H. 
 H. Van Dyck, Superintendent, March 5, 185b. 
 
 LIBRARY. 
 
 That part of the district library purchased with money raised by tax upon 
 the district may be sold. Per Spencer, September 17, 1839. 
 
 Trustees may excliange old library books for new one?. 
 Trustees of districts may legally exchange old books belonging to the dis- 
 trict library for new, ])aying the diflerence, if any, in price, from the library 
 monev. Per S. S. Randall, Deputy Superintendent of Public Instruction, April 
 20 1854. {Ldkra, vul. l,p. M.) 
 
 In regard to exchanging library books. 
 No objection might be raised, if a district so determine by unanimous vote, to 
 the exchanging of books in a library for others more appropriate to the wants 
 of the people. Per V. M. Rice, Superintendent, September 8, 1854. {Letters, 
 vol. l,p. 281.) 
 
 A part of a district set off to another is not entitled to a share of the library. 
 Where a portion of a district is set off to another district, the portion thus 
 set off has no claim to a proportionate share of the library of the old district, 
 unless there was a special agreement to that effect. Per V. M. Rice, Superin- 
 tendent, January lo, 1866. {Letters, vol. 5, p. 64.) 
 
 District librarian is, by law, entitled to no compensation for his services. 
 The district librarian is, by law, entitled to no compensation for his services, 
 and the district has no authority of law for voting at the annual meeting a tax 
 to pay for such services. (See section 16, title 7, chajiter 555, Laws of 1864.) 
 Per V. M. Rice, Superintendent, September 23, 18G5. {Letters, vol. 4, p. 267.) 
 
 That part of district library which was purchased by a tax on property of district belongs 
 to district, and may be disposed of l)y its voters, as they shall direct. IJut that part 
 bought with public "money belongs to the State, and the district cannot sell it. 
 
 That part of tlio district library which has been ]iurchased by a tax upon tho 
 property of tlu^ district belongs unqualifiedly to tho district, and may be dis- 
 posed of by the voters thcniof, as tliey may si>e fit to direct. But, in that which 
 has been jiurcliasi'd with tlic ])iiblic money a]>portioned to the district, it has 
 only a (lualilied property. Tliis portion of the library really belongs to tho 
 State, and the district is the bailee and not the owner of it. As such bailee, it 
 has no ])ower to sell or otherwise dispose of the library. Per V. M. Rice, Super- 
 intendent, November 23, 1865. {Letters, vol. 4, 2'. 552.) 
 
 MEETINGS. 
 
 Verbal notice to clerk to call a district meeting is stifiiciont. A trustoo who 
 attends cannot object that he did u(jt authorize the call. Per Dix, November 
 24, 1838. 
 
 Notice of meetings should specify the objects for which they arc called ; but 
 omission is not fatal. An aggrieved party may appeal. Per Spencer, March 
 7, 1840.
 
 Meetings. 329 
 
 A notice given by the district clerk for a meeting is le?al, thonjh the directions of tho 
 trustees to the clerU to give such notice were verbal. 
 
 A special nieotin;? was held in district Xo. 5, Lisbon, St. Lawrence county, 
 December 80, I1SI8. ])iir.suant to a notice p^iven by tho clerk for the purpose, and 
 the site of t!ie srhool-hoase was voted to be chan^jcd. 
 
 The ai)i)ellants object to tho ]irocee(lin_!rs of thi; nieetinfj, because the notices of 
 the nieetin<>' by tlie district cU>rli were upon the verbal direction of the trustees. 
 
 If the district clerk ogives the proper notices for a special nieetintj, the pro- 
 ceedings of that meeting will not he held to be illegal, although tho trustees 
 may have given the cli>rk only a verbal direction to give the notices. 
 
 The proceedings of the meeting, therefore, are legal and regular. 
 
 Appeal dismissed. Per Morgan, IMarch C, 18-19. 
 
 The cierk of a district has no power to authorize any person to give notices for a district, 
 or to do any other act. 
 
 Tlie trustees of district No. 14, Lockport, called a special meeting, to be held 
 on the 2"3d day of March, 1849, and directed the clerk, of the district to give the 
 pro]H'r notices. 
 
 ^lost of the notices were given by a son of the clerk. The meeting held in 
 pursuance of such notice is alleged to be illegal. 
 
 It is the duty of the district clerk to give all notices for school meetings in 
 his district, and in case of his refusal or of a vacancy in the office of clerk a 
 trustee may give them. 
 
 But the clerk of the district has no power to authorize any other person to 
 giv(^ tlie notices or to perform any other duties of his office. 
 
 The appeal is sustained, and the proceedings of the meeting are declared 
 illegal and void. Per Morgan, April 7, 1849. 
 
 Where there is a dolil)eratc omission to notify any taxable inhabitant of a special district 
 meetinir, at which a tax is voted to change site and build a new school-house, this depart- 
 ment will hold the tax list inoperative as to those so omitted to be notified. 
 
 The ai/pellants were set off to district No. 8 on the ITtli of January last, by 
 an order, to take effect on the 1st day of May instant. After the nuiking of 
 this order, several im-etings were held in district No. 4, of which the appellants 
 had no notice, and wliich they did not attend, under an apparent belief, on all 
 bands, that tliey had ceased to be voters in that di.strict. At these meetings, 
 the s'te of No. 4 was changed to a i)oint more remote from the appellants than 
 its for-ner situation, and a tax of !ji400 was authorized for building a new school- 
 house. On tlie 9th of March, three of the appellants were served with a writ- 
 ten notice that a meeting of joint district No. 4, Scott anil Sempronius, would 
 be held on the IGth of that month, the notice not specifying the object of 
 the meeting. At tliat nujeting, resolutions were passed, reciting that doubts 
 were expressiid in regard to the legality of the calls of the meeting before 
 referred to, and re-aOirming and adopting the votes for the release of the old 
 site, the location of tlie new one, and for a tax of .$400. Under the authority 
 of tjiis last mi;eting, the trustees have made out a tax list, including the 
 appellants, from which, and from the proceedings of such meeting, the latter 
 appeal. 
 
 The facts are presented upon an agreed statement signed by the appellants 
 and trustees. There appears to have been a deliberate omission to notify tho 
 appellants of the meetings subsequent to January 17. and an omission to give 
 thiMU a notice of the object of the meeting of March 10, which, taken in 
 connection with the manifest injustice of subjecting them to taxation for a 
 school-house from which they are to receive no benefit, are sufficient grounds 
 for declaring the tax list ino[)erative as against tlusm. 
 
 Tlie appeal is, therefore, sustained, so far as tlie same relates to the tax list, 
 and tlie trustees are authorized and directed to correct and amend the same by 
 striking out the names of the appellants, and apportioning the amount of taxes 
 
 42
 
 330 Meetings. 
 
 assessed to them upon tlae remaining taxable inhabitants and property of such 
 district, in proportion to the valuation thereof. Per E. P. Smith, Deputy 
 Superintendent, May 9, 1855. 
 
 When the Inhabitants of a school district, at their annual meeting, elect trustees, their pro- 
 ceedings will be held legal, although such election is made by a small minority of the 
 inhabitants. 
 
 This is, in substance, an appeal from the refusal of the trustees of district 
 No. 11 to grant an order upon the town superintendent for a portion of the 
 public money belonging to the district, applicable to the payment of teachers' 
 wages in favor of a duly qualified t.eacher employed by the appellants while 
 acting as trustees under color of a legal election by the district, and who 
 taught in the school-house of the district. The annual meeting, at which both 
 sets of trustees were chosen, was notified to be held on the second of October, 
 1843, at six o'clock P. M., at which hour five inhabitants only were in attend- 
 ance. They, however, organized and elected district officers in accordance 
 with law. After their adjournment, but before leaving the house, the residue 
 of the inhabitants came in and insisted upon a reorganization, which was 
 accordingly had, without the participation, however, of the inhabitants first 
 assembled, and the appellants were elected trustees. The county superintend- 
 ent, having been consulted, gave his opinion that the latter election was legal 
 and valid ; and, in accordaace with this opinion, the appellants proceeded to 
 employ a teacher and take upon themselves the discharge of their official 
 duties without opposition. The persons first elected, however, without ques- 
 tioning or controverting the right of the appellants to the use of the district 
 school-house and the control of the district property generally, employed a 
 teaclier, who taught, under their direction and in accordance with a vote of the 
 inhabitants first assembled, in a private house in a part of the district remote 
 from the school-house. After the termination of botii schools, the question of 
 the legality of the election of the officiating trustees was submitted to this 
 department, and the persons first elected declared to be the only legal trustees. 
 They accordingly took possession of the books, papers and other property of 
 the district, gave an order for a portion of the public money in the hands of 
 the town superintendent in favor of the teacher employed by them, who was 
 duly qualified, and refused to recognize the teacher employed by the appel- 
 lants. From this refusal to recognize the teacher employed by the appellants 
 the present appeal was brought. 
 
 The county sif^jerintendent, conceiving. himself bound by the prior decision 
 of the department declaring the first election valid, felt it his duty to dismisa 
 the appeal and refer the rights of the parties to the department. 
 
 Although tliere can be no doubt of the validity and legality of the first elec- 
 tion, yet the official acts of the pers3ns subsequently chosen, under color of a 
 legal election, and who took upon themselves the office of trustees, will be 
 recognized and protected, for all practical purposes, as trustees, until the decis- 
 ion of the department declaring their election illegal was obtained. Their 
 employment of a teacher prior to such a decision was, therefore, an official act, 
 and, inasmuch as the teacher contemporane )usly employed by the legal 
 trustees has been paid, and there still remains a balance of public money, 
 applicable to the payment of teachers' wages, in the hands of the town super- 
 intendent, it is the duty of the trustees, and they are hereby directed, to draw 
 an order for such balance on the town sui)erlntendent, in favor of the teacher 
 80 employed by the appellants, while acting as trustees under a claim of a 
 legal (dection, and to make out a rate bill and warrant, in tlu; mode prescribed 
 by law, for the residue of his wages, against the inhabitants who sent to school. 
 By this disposition of the case, it is conc(>ived substantial justice will be done 
 to all parties, and the rights of none infringed. It is the misfortune of the 
 appellants that they wore not more punctual in their atttuiJance upon the 
 annual meeting of the district. Per S. Young, October 7, 1814.
 
 Meetings. 331 
 
 It is the dnty of the trustees, when requested by a respectaWo number of the taxable inhab- 
 itants of their tlistrict, to call a special meetin;^ for the transaction of any le^al aud proper 
 busincsjs wliich such petitioners may desire to bring before it. 
 
 This is au appeal from the refusal of the respondents to call a special meet- 
 ing of the inhabitants and lejjal voters of the district, for tlic purpose of taking 
 into consideration the application and division of the public money of said dis- 
 trict on the request of twenty taxable inhabitants thereof. The trustees, in 
 theif answer, set forth certain facts and circumstances existing in the district 
 which, in their judgment, justilied them in declining to call such meeting and 
 in making such disposition of tlie public money as they should deem exi)edient. 
 
 This view of the subject cannot, in the ojiinion of the Superintendent, be 
 sustained. It is the duty of the tru.stees of a school district, whenever rctjuested 
 by a respectable number of inhabitants and legal voters of a district, to call a 
 special meeting for the transaction of any legal and proper business which 
 such inhabitants may desire to bring before it. The object of the petitioners 
 in this case was unquestionably a legal and proper one. Tlie inhabitants and 
 legal voters of the district are authorized to make such disposition of the pub- 
 lic money among the several terms of the school as they may judge proper, 
 and it is only when they omit to act in the matter that thfc trustees are emi)ow- 
 ered to exercise their own discretion. If an improi)er disposition of the public 
 money is made by the inhabitants, an adequate remedy is provided by appeal 
 to this department. The circumstances, therefore, set forth by the trustees in 
 their answer were insuificient to justify them in their refusal to call the special 
 meeting called for. The trustees, therefore, are hereby ordered, within five 
 daj-s after the receipt of this order, to cause notices to "be given for a special 
 meeting of the legal voters of the district, to be held within ten days thereafter, 
 for the purpose of taking into consideration the application aud division of the 
 public money of said district for the ensuing year, etc. Per E. W. Leaven- 
 worth, February 28, 1854. 
 
 Where an adjournment of a special district meeting: is had for a period of more than one 
 month, notice of the object of such adjourned special meeting is necessary. 
 
 The appellant in this case seeks to set aside the proceedings of an adjourned 
 school meeting, held on the 2d day of July last, and the proceedings of the 
 trustees in making out a tax list to collect a tax voted at said meeting. 
 
 By the papers before me, it appears that a meeting was held on the 2-lth day 
 of ^lay last, for the ])urpose of selecting a site and voting a tax for building a 
 school-house. This meeting was adjourned to the 2d day of July. It is con- 
 ceded by the trustees that no notice of the adjourned meeting was given, and 
 they claim that none was necessary. The omission to give this notice is one 
 of the grounds of complaint in the appeal. 
 
 By section 81 of the school law of 1847, clerks of school districts are required 
 to give notice, in writing, of the time and place for any adjourned district meet- 
 ing, when the sanu' shall be adjourned for a longer period than one month. 
 From this section it is manifest tliat notice is required in all cases where a 
 meeting has been adjourned for more than one month. A failure to give such 
 notice would be fatal, as a failure to give any notice of the time and place of 
 holding the annual meeting. The adjournment in this case exceeded one 
 month, and, therefore, notice of the meeting should have been given. As it 
 was entirely omitted, the proceedings were irregular, and must be set aside. 
 Per H. S. Randall, October 6, 1853. 
 
 Notice of the object of an annual meeting is not required by law. Every inhabitant is pre- 
 sumed to l<now that any business affecting the interest of the district may be transacted 
 •without special notice thereof. 
 
 This is an appeal from the procedings of the annual meeting of a district 
 held October 7, 1851. 
 
 At an adjourned annual meeting, held in the district Ajiril 7, 1851, a resolu- 
 tion was passed to change the site of the school-house, and the necessary taxes
 
 832 , Meetings. 
 
 Avore voted to purchase the site and to move the school-house. The proceed- 
 in;:rs of this mooting are presumed to liave been legah 
 
 On the seventh of October, 1851. the annual meeting was held. Tlie cus- 
 tomary notices for an annual meeting were posted in the district, but no par- 
 ticular business was specified except that officers would be elected. 
 
 At this meeting a resolution was passed reconsidering and rescinding the 
 proceedings of April 7, 1851, so far as related to the change of site for the 
 school-liouso and the raising of taxes to defray the expenses' of the same. 
 
 It is alleged that special notice should liave been given of the intention to 
 reconsider the proceedings of the meeting of April seventh to malie the pro- 
 ceedings binding. 
 
 Tills department has always maintained the rule, and the law prescribes, 
 that the object for wliicli a s]}ecial meetinj of a district is called shall be speci- 
 fied in tlie notice of sucli meeting. But an annual meeting is always an adjourned 
 meeting. It is not necessary to give special notices, as every inhabitant of the 
 district is presumed to know when it will l)e held, and also that any business 
 which may properly come before any district ni'^eting may be transacted at 
 this. It is the meeting of the district, and every inhabitant is bound to be 
 present to promote the interests of the district as well as to protect his own 
 rights. 
 
 The whole business of the meeting of A])ril seventh was subject to review, 
 and it was competent to reconsider and rescind the whole or any part thereof, 
 except so far as the trustees had carried out tlie vote of the first meeting, or 
 incurred debts or repousibilities under it. Per Morgan, December 30, 1851. 
 
 Trustees have no power to set aside or invalidate tlu proceedings of a district meeting 
 upon the assumption that they were illeiral. 
 
 Though illegal votes are cast at such meeting, the trustees cannot set aside the proceed- 
 ings. The remedy is by appeal. 
 
 On tlie first day of October last, at an adjourned meeting of the taxable 
 inhabitants of district No. 2, in Belmont, lield for the purpose of locating a 
 Bite for the school-liousu, a site was fixed on the land of Winkley and Smith, 
 and the sum of $300 voted to build a school-liouse thereon. A confirmation 
 and renewal of the vote fixing the site was had on the tliirtieth of November 
 last, at a special meeting of the district, more fully attended by the inlialjit- 
 ants, but no tax was voted for building the school-house. On tlie fourteenth 
 of December a vote was adopted locating tlie site on lands of E. Stanton, Jr., 
 and the sum of $200 directed to be raised for building. On the eleventh of 
 January last, the site was again changed to the lands of ^^'inkley and Smith, 
 and the same amount voted to be raised for l)uilding the school-house thereon. 
 Notwitiistanding this last and final vote of the district, and in the absence of 
 any appeal from the proceedings, the trustees have determined to apply the 
 tax voted to build a house om Mr. Stanton's land, on the allegation that au 
 illegal vote was received at the last meeting, hy means of which the vote was 
 invalidated and the preceding vote remained in force, and from this determina,- 
 ation of the trustees the present ajijieal is taken. 
 
 If any of the proceedings of the niecting held on the eleventh of January 
 were illegal, the apjjropriate remedy of the trustees or of any persons aggrieved 
 was by appeal to this dei)artment. It is not within tlieir power to set aside or 
 invalidate those proceedings on their mere assumption of sucli illegality. Tlio 
 money directed to be raised at that meeting, in the absence of any apjieal 
 within the time and in the mode prescribed l)y law, must be applied according 
 to the vote then taken, and any other ap])lication of it will be illegal and 
 invalid, and will subject ilu^ trustees to ijersonal responsibility to the district 
 for the amount so expended, and to the forfeitures and penalties prescribed 
 by law. 
 
 The allegation, moreover, of the trustees, that an illegal vote was cast at 
 the meeting referred to, by which the result was changed, is wholly unsup- 
 ported by the facts as they appear from the papers.
 
 Meetings, 333 
 
 The proceedint^s of Mie meeting of the eleventh of January arc, therefore, 
 hereby confirmod, and the trustees directed to ai)i)ly the tax voted accordingly. 
 Per Morgan, February 11, 1850. 
 
 The inhabitants of a district have no power to dissolve or annul the district. 
 
 The first meeting in district ><o. 9, Lloyd, UJs^ter county, was held August 
 23, 1848, at wiiich the following proceedings w;-re had : 
 
 A chairman and cleric pro (em were chosen. The otRcers of the district were 
 elected and a site for the school-house designated. During these proceedings 
 some difficulties arose unon questions of order. 
 
 A motion was made and seconded that the meeting declare the district to 
 be annulled, which the chairman refused to put, when the mover called for the 
 ayes and noes, and dedareil the motion to be carried. 
 
 A motion was then made to adjourn, but, not being seconded, the chairman 
 refused to put it to vote. 
 
 The mover called the ayes and declared the meeting adjourned, whereupon 
 many withdrew. 
 
 Tlie meeting continued its organization, and transacted business after the 
 withdrawal of .some of tlie inhabitants. 
 
 Tlie appellant desires that the proceedings of the meeting held after the 
 motion to adjourn was made be declared void. 
 
 Tiie motion to dissolve the district was entirely out of order, as it was upon 
 a question over which the district had no control. A motion to adjourn can- 
 not be i)ut to vote until it is seconded. The chainnan was, therefore, correct 
 in refusing to put to vote either of these motions. 
 
 The ajjpeal is dismissed, and the proceedings of the meeting confirmed. Per 
 Morgan, December 22, 1848. 
 
 It is not in the power of a district meeting to control the trnstees in the exercise of their 
 duty of prosecutinir delinquent predecessors for not rendering an annual account, or for 
 not payins? over a balance of money remaining iu their hands." A resolution attempting 
 to limit their power in this respect is void. 
 
 A special meeting held in district No. 18, in the town of Sodus, February 
 22, 1848, 
 
 Re-solved, That a former resolution directing measures to be taken to collect 
 certain arrearages alleged to be due from former trustees should bo rescinded ; 
 and further, that no civil proceedings should bo commenced by the trustees of 
 the district for school moneys not paid over by former trustees, tmless by a 
 special resolution of the district. 
 
 Both resolutions mentioned in the appeal were adopted, under a misappre- 
 hension of tlie i)owers and duties of the inhabitants, when assembled in school 
 district meetings. 
 
 Every trustee is bound, by law, yearly, to render an account to the district 
 of the moneys received and paid out by him, and to file said account with the 
 district clerk, and also, upon going out of office, to pay over any balance of 
 money remaining in his hands to his successors in office. 
 
 For any neglect or refusal to render such account, or to pay over such 
 balance, the delinquent forfeits to the use and benefit of the district the sum 
 of twcnty-fivf dollars, to be sued for and renvered either by his successors in 
 office or by the town sujjerintendent. The town superintendent (supervisor) 
 may also sue the trustees for unpaid balances in their hands. It requires no 
 vote of the district to authorize such suit to be brought, and a vote directing 
 sucli suits to be brought, or not to be brought, is a nullity. Per Morgan, 
 March, 1848. 
 
 An estimate of expenditures must be submitted to vote, item by item. 
 An item " for se.xton, $.'iO" held to be illegal, being for an officer and purpose unknown 
 
 to the law. 
 
 The trustees having presented an estimate for several heads of expenditure, 
 amounting in the aggregate to $1,800, and the vote having been taken
 
 ■834 Meetings. 
 
 thereupon by asking eacli inhabitant when he deposited his ballot for district 
 officers whether he voted "tax" or "no tax," ^vithout in any other manner 
 Bubraittintr the propriety of the items severally, it was held that the tax payers 
 have the right, not only to fix the amount of their contributions, but to specify 
 the precise object to which every part thereof should be appropriated. The 
 question should be submitted to them in such a form that every one may have 
 the opportunity of offering amendments increasing or diminishing the amount 
 to be appropriated to any of the enumerated objects, or of striking out. The 
 proceedings not liaving been conducted in such a way as substantially to 
 preserve this right, but, on the contrary, apparently to subject the voters to the 
 dilemma of voting for the estimate as an entire proposition or voting against 
 every part of it, they were held irregular, and were annulled. 
 
 One of the items in the estimate being " for sexton, $50," it was held that 
 the term " sexton," being unknown to the law as the designation of any district 
 otFicer, the duties expected of him ought to have been so defined by the reso- 
 lution as to show upon its face an intention to appropriate the money for 
 services, like cleaning the school-house, making fires, etc., which are legitimate 
 objects of taxation. It is not competent to a district meeting to create a new 
 oflfice having a salary attached to it, though it is competent to vote compensa- 
 tion for serAices, not incumbent upon the recognized district officers, but which 
 are pro])er objects of expenditure. Per E. P. Smith, Deputy Superintendent, 
 October 2, 1855. 
 
 Proceedings of district meeting set aside on account of fraud. 
 
 On an appeal from the proceedings of a special meeting, it appears that, at 
 the meeting, several arrests of legal voters were made, whereby one party 
 obtained an improper advantage. 
 
 The department will never sanction proceedings tainted with such fraudu- 
 lent efforts to secure an advantage. The proceedings of one of the parties are 
 marred by the appearance of an eifort farther to gain an advantage by over- 
 awing the opposition through the presence and threats of a bully and fighter. 
 The department will ever exercise the full extent of its powers to protect and 
 defend those, whether in a minority or majority, against whom such infiueucea 
 are arrayed. 
 
 The proceedings of the meeting are, therefore, set aside and a new meeting 
 ordered to be held. Per H. H. Van Dyck, Superintendent, January 21, 1801. 
 
 Absence from a school meeting, because it was supposed the business of electin": a trustee 
 was of minor importance, will not justify setting aside the proceedings of sucn meeting 
 in voting a tax. 
 
 On an appeal from the proceedings of a district meeting, the ground of com- 
 plaint, as stated, is tliat, the meeting being considered of " nunor importance," 
 but few persons were present ; and, a snutll tax having been voted at said 
 meeting to defray the expenses of a trustee in defending a suit, it is asked that 
 the proceedings be set aside, the meeting having been called for the purpose 
 of electing a trustee. 
 
 Whoever looks upon the election of a trustee as of "minor importance" 
 deserves to have a tax levied upon him at cn-ery meeting in the district until 
 his apprehension of having the best men in the district elected to olHce is fully 
 awakened. 
 
 The r(!asons stated for setting aside the proceedings of the meeting are 
 insufficient, and the. appeal is, tlierefore, dismissed. Per V. M. Kice, Superin- 
 tendent, June IG, 18G2. 
 
 The department will not interfere in a cane in which an order of the department could have 
 no effect to change the condition of things already established, and will not, therefore, 
 interfere. 
 
 On an appeal from the proceedings of a special meeting, and from the action 
 of the trustees, it appears that thi; school-house site, as originally granted, was 
 bounded on two sides by lands dedicated to public use as a burying-ground.
 
 Meetings. 335 
 
 During the past year, a new school-house was built, under the direction of tho 
 trustees, and the same was located so as to cover a portio:i of the huryinij- 
 grounds referred to. At a special mectiufj, II., who formerly owned and dedi- 
 cated to public use the lands in question, ottered to dedicate to public use, for 
 school purposes, a portion of the aforesaid buryinjj-iJTound, so as to enlar>re the 
 Bchool-housc site suificiently to embrace the {!;rounds upon which the new 
 Bchool-house stood. This projiosition was accepted by the meeting. Tho 
 trustees, thereafter, accepted the school-house from the contractor, and made 
 certain i)ayments thereon. 
 
 The appellants ask that the acceptance of the addition to the site be declared 
 illegal and void, and that the contractor be directed to refund the money paid 
 to him. 
 
 This is one of those cases in which no relief can be afforded by this depart- 
 ment. 
 
 The simple declaration that the proceeding in relation to the site was illegal 
 would have no force or eifect to change in the least the condition of things 
 already established by the fact of building the house upon a portion of tlie 
 lands belonging to other parties. It is apparent upon the face of the com- 
 plaint, that the action on the part of the said H. was unauthorized, and, of 
 course, the acceptance by the district amounts to nothing, one way or tho 
 other. But there is nothing which this deimrtment can do to relieve tho 
 district from its embarrassment. No order from this department will be suffi- 
 ciently potent to draw the money from the pocket of the contractor, and place 
 it again with the trustees. 
 
 Tlie issues are of a nature which only the supreme court can reach and 
 affect. The parties aggrieved are those interested in the burying-ground, and 
 their remedy must be souglit in the courts. 
 
 Appeal dismissed. Per V. M. Rice, Sui)erintendent, March 10, 1863. 
 
 A custom of delaying the orsanizatiou of school meetinf;s for one or two hours after the* 
 rcnjular time has no sanction in good usage. 
 
 On an appeal from the proceedings of a special meeting, it appears that tho 
 meeting was called for six o'clock in the evening, and that before seven o'clock 
 the meeting was organized, seventeen persons being present, and a tax of two 
 hundred dollars voted. 
 
 The aiipellants ask that the proceedings of the meeting be annulled, because 
 the meeting was organized in less than an hour after the time for whicli it was 
 called, it being alleged that it is customary to delay the organization for ono 
 or two hours. 
 
 If the custom is as above alleged, it is well that a practice so vicious should 
 be abandoned. There is no worthy justification for it. Undue haste should 
 not be countenanced : but a delay of half an hour can hardly be regarded as 
 undue haste. This department can do nothing to put aside the consequences 
 of a neglect so inexcusable as that of the appellants, in not attending at tho 
 appointed hour for nuieting. 
 
 Appeal disnnssed. Per V. M. Rice, Superintendent, February 27, 1862. 
 
 The department will not require trustees to call a special meeting to rescind proceedings 
 of an annual meeting, on the ground that the appellants were not present at such annual 
 meeting. 
 
 On an appeal from the refusal of the trustees to call a special meeting as 
 re(iu(>sted by certain inhabitants of the district, it ai)peurs tliat at tlie annual 
 meeting a vote was taken authorizing the trustees to hn-y a tax for fuel, and 
 to fence the school-house site. The api)ellants desire a special meeting calhid to 
 rescind that vote, alhiging that they were not present at the annual meeting, 
 when the tax was voted. 
 
 The objects for which this tax was voted are legitimate and proper, and it 
 is not the fault of the trastef>s, nor of the department, that the appellants were 
 not present at the annual meeting, and neither sliould be put to trouble or 
 jnconvenience because of the neglect of the appellants to attend to their duty.
 
 336 Meetings. 
 
 The appeal is, therefore, dismissed. Per V. M. Rice, Superintendent, Feb- 
 ruary 21, 1863. 
 
 The proceeclinp;s of an annual meetins: organized witliin half an hour after the time for 
 meetiugvvill not be set aside. 
 
 On an appeal from the proceedings of an annual meeting, it appears that the 
 meeting was called for six o'clock. At half-past six it was organized, four per- 
 sons being present. Two more came in directly, and the business of the meet- 
 ing was transacted. 
 
 There can be no question as to the legality of the meeting, and, though it 
 would have been no more than proper and just to have waited a short time 
 for others to come in, I do not feel at liberty to set aside the proceedings for 
 failure to do so. A sure way to prevent any such advantage being taken is 
 to be at the place in time. Those who have it in their power to protect and 
 preserve their own interests, and neglect to do so, should not call upon others 
 to make good what their own indifference has caused them to lose. Per E. W. 
 Keyes, Acting Superintendent, December 5, 1861. 
 
 Proceedings of an annual meeting where only two persons were present is set aside. 
 
 The regular annual district meeting was held without any previous notice, 
 and evidently to the surprise of nearly all the inhabitants of the district. A 
 chairman was elected, and also a clerk pro tern. Resolutions were offered and 
 passed, and trustees and other school officers elected by ballot. At this meet- 
 ing only two persons were present. 
 
 By a strange mistake the notices for the annual meeting set forth that the 
 same would be held on the tenth of October, instead of the second Tuesday, as 
 required by law. A meeting was accordingly held on the tenth, supposed by 
 those present to be the annual meeting, and the usual business of an annual 
 meeting was transacted. 
 
 This department cannot sanction the proceedings of two persons as of binding 
 force and effect upon a district; especially not, when most of the inhabitants 
 were prevented from being present by a misaj)prehension, arising from an 
 error in the published notice. 
 
 The proceedings of both the meetings held as above stated, are declared 
 invalid, and the district clerk is directed to give notice of a special meeting. 
 Per E. W. Keyes, Acting Superintendent, December 3, 1861. 
 
 Tlie election of a trustee will he set aside when opportunity for a fair expression of the 
 voters was not given, whereby the result was uncertain. 
 
 On an appeal from certain proceedings of the annual meeting, in electing a 
 trustee, it appears that the meeting was attended by many besides those enti- 
 tled to vote, and on the motion to elect A. S. trustee for the ensuing year, it 
 was impossible to tell whether the voting was confined to those legally enti- 
 tled. The chairman, however, decided tliat the said A. S. was elected. Many 
 of those present doubted the correctness ol' the decision, and consequently this 
 appeal is brought. 
 
 It is evident to me from the proceedings that opportunity for a fair expres- 
 Bion of the actual voters was not afforded. The evidence of the election of the 
 said A. S. is not clear and satisfactory, and I deem it but just that the inhab- 
 itants sliould have what they asked for, an opportunity, liy another trial, to put 
 the maitor beyond controversy. The election of the said A. S., is, therefore, set 
 aside as uncertain, and a new election ordered. Per E. W. Keyes, Acting 
 Superintendent, November <30, 1861. 
 
 A mooting of three persons, at which it is voted to build a new school-house and \c\y a tas 
 
 therefor, set aside. 
 
 I cannot consider a meeting of three jiersons, at which a considerable tax is 
 voted for building a new school-house, as a sufficiently authorized expression of 
 the sense of the district upon so imjiortant a proceeding. However worthy the
 
 Meetings. 337 
 
 purpose, tlie means have too much the appearance of a surprise, especiully in 
 view of the fact that several inhabitants were waiting outside, in tlie belief that 
 no one liad yet arrived to aitend the meetinpf beside themselves. The proceed- 
 ings are, therefore, set aside. Per E. W. Keves, Acting Superintendent, July 
 23, 1861. 
 
 It does not follow of course that a petition to the trustees for a special meeting, however 
 numerously sij;ucd, i> to be granted. 
 
 On an appeal from the refusal of the trustee to call a special meeting, on the 
 applicsition of a majority of the voters of the district, it appears that the object 
 of a new meeting is to rescind the action of a previous meeting changing the 
 Bite and voting a tax to build a new house. The meeting which took this 
 action was well attended, every voter in the district being present but one, and 
 the vote in favor of tlie resolution to change the site was confirmed by 21 to 7. 
 
 The petition to call a new meeting bears date more than two months after 
 the above decisive action had been taken. Meantime, the trustees had com- 
 pleted their tax list, and, at the least, had entered into negotiations concerning 
 the sale of the old house and site. It is remarked by the counsel for the appel- 
 lants that it would seem as though an application for a school meeting, made 
 by a clear majority of the legal voters of the district, ought, upon the face of 
 it, to be granted. The general princi])le enunciated is, doubtless, in its broad 
 and unrestricted sense, true ; but, in its application to individual instances, it 
 may, in a majority of cases, be foimd unwise and unjust, for the reason that it 
 is scarcely possible to recognize, in the statement of such general principles, 
 the thousand and one conditions that render it inapplicable. 
 
 I can conceive of no good resulting from an effort at so late a day to disturb 
 ■what has been so deliberately and fairly and decisively determined. If it is 
 true that so large a number of the voters have changed their minds, it betrays 
 a fickleness and instability of purpose that give little assurance that jDroceed- 
 ings had at any future meeting will be permitted to rest. 
 
 I regard the discretion of the trustee as judiciously exercised, and the appeal 
 is, therefore, dismissed. Per E. W. Keyes, xicting Superintendent, June 15, 18G1. 
 
 Clerk cannot refuse to give notice of a meeting ordered by a majority of trustees, upon the 
 ground of protest or refusal of third trustee. 
 
 This is an appeal from the refusal of the district clerk, to call a special 
 meeting upon the order of a majority of the trustees. 
 
 The justification of the clerk is insutficicnt. The protest of one trustee 
 should not be regarded as authority against the direction of a majority. Nor 
 is it the duty or the rig'at of the clerk to judge concerning the correctness, 
 competence or legality of the proceedings of the trustees. W an order is pre- 
 sented to him, correct upon its face, he is to presume all preliminary proceed- 
 ings to be just and legal. Any other construction of his powers and duties 
 would leave the control of all district matters entirely in the hands of a sub- 
 ordinate ministerial oiiicer. 
 
 No order seems necessary, however, compelling the clerk to act ; as one of 
 the trustees may give the notice required in case of the continued refusal of 
 the clerk to act, the same as in the case of his absence or inability to act 
 Per H. H. Van Dyck, Superintendent, January 2, 1861. 
 
 A special meeting will not be ordered to act upon questions that have been deliberated and 
 acted upon at succob^ive meetings. 
 
 This is an appeal from the neglect or refusal of the trustee to call a special 
 meeting, upon the request of a respectable numb(;r of the inhabitants. 
 
 The apjiellant fails to make out a case requiring the interposition of the 
 department. The mere fact of a petition for a meeting, signed by a large num- 
 ber of inhabitants, is insutficient to create even a presumption as to the duty of 
 the trustee to call sucli nu^-ting. If it could be so regarded, then a minority, 
 respectable in numbers, could always compel the trustee to call a special meet- 
 
 43
 
 338 Meetings. 
 
 inor, and could thus keep tlie district distracted and unsettled upon any impor 
 tant issue, so long as they might choose to demand the calling of meetings. 
 
 It is in evidence that the meeting whoso action the appellant disapproves, 
 and which action he desires a special meeting to reconsider, was the third 
 special meeting that had acted upon the question at issue. 
 
 It is a principle that has been recognized by the department that, when a 
 question has been deliberately acted upon at successive meetings, the trustee 
 is not required to call other meetings to reconsider the question thus deter- 
 mined. 
 
 In view of the facts and principles herein disclosed, it devolved upon the 
 appellant to show, by obvious and well attested facts, that the action of the 
 meeting was not a proper expression of the will of the district upon the ques- 
 tion at issue. Failing in this, I find no sufficient occasion for subjecting the 
 clerk to the trouble and labor of serving notices of another special meeting, 
 so soon after a series of special meetings has been concluded. 
 
 The appeal is, therefore, dismissed. Per H. H. Van Dyck, Superintendent, 
 April 12, 1860. 
 
 A district meeting is not bound by strict parliamentary rules ; it makes its own. 
 
 This is an appeal from the proceedings of a special meeting. The objections 
 to the proceedings are to the ruling of the chairman upon certain questions 
 of order. 
 
 The department will not overrule his decisions where it was in the power of 
 the meeting to reverse such decision on appeal. The failure of the meeting 
 to take any action upon the point of order, must be regarded as an acquiescence 
 in the ruling of the chair. So far as the binding obligation of common par- 
 liamentary rules is concerned, it must ever be held subordinate to the will of 
 any organized meeting, every such assemblage being free to establish its own 
 rules. As I do not find the merits at all afibcted by the proceedings com- 
 plained of, I cannot, upon the ground of unparliamentary ruling, reverse the 
 deliberate action of the meeting. Per H. II. Van Dyck, Superintendent, March 
 8, 18G0. 
 
 An annual meeting, not adjourned to any particular time, called by the clerk at six o'clock, 
 aud organizing and transacting business before seven, is void. 
 
 This is an appeal from the proceedings of the annual meeting. 
 
 There is but one point made by the appellant that at all impairs the proceed- 
 ings of the annual meeting. Unfortunately, however, that objection is material, 
 and cannot be disregarded. The statute of April 13, 1858, provides, that 
 " unless the hour and place of such (annual) meeting, shall be fixed by a previ- 
 ous district meeting, the same shall be held at the school-house at seven o'clock 
 in the evening." It is in eviden(;o that tlie time and ])lace were not fixed by a 
 previous meeting, but that the meeting was notified by the clerk to be held at 
 six o'clock, that it was organized sliortly after that liour, and that before the 
 hour of seven o'clock it had transacted all its business and adjourned. 
 
 I have, therefore, no alternative but to (l(>claro tlie proceedings unauthorized, 
 and they must of necessity be set aside, as ))eing contrary to the statute. Per 
 H. II. Van Dyck, Superintendent, February 'S, 1800. 
 
 A motion to adjourn, while another question is pendinir. and a ballot bcinjr taken on it, 
 cannot be entertained ; and an adjournniont thus effected is void. 
 
 At the annual meeting, a resolution was offored to elect three trustees, and 
 th(! question was being taken by ballot on that resolution, when som(> of those 
 offering to vote were challenged, and a discussion on the qualifications of 
 voters arose, pending whicli a motion to adjourn for one week was made ; the 
 question was taken on the affirmative, and declanHl carried without tlie nega- 
 tive being taken. The appclhint claims tliat the adjournment was legal, and 
 that the business transacted after the adjournment was declared is void.
 
 Meetings. 339 
 
 I cannot arrive at tlie appellant's conclusiona. In tlie first place, no motion 
 for adjournmt'nt, nor tor any thinf? else, was in order while a vote on a previous 
 motion was beintj talien. While strict ])arliameutary practice is by no means 
 to be expected in the proceedings of district meetings, y(;t some observances 
 arc indis[>cnsal)le to i)n)tect the meeting from tlie factious oi)p<;sifion of a 
 minority, from an ojjpressive rule of the majority, or from tlie arbitrary 
 authority of the presiding olKcer. The rule here stated I consider to be of 
 this nature. The entertainment of the motion to adjourn at that time was, 
 therefore, unlawful, and the action upon it of no elibct. The fact that tlie 
 chairnuin declared the motion carried with(jut calling for the negative voto 
 would be suificient to vitiate the proceedings, had the motion itself been in 
 order, for to give the chairman power, at discretion, of declaring an adjourn- 
 ment, without taking a full expression of the meeting, is to invest him with 
 supreme control. 
 
 The meeting not being legally adjourned, the proceedings had after the 
 declared adjournment were regular and legal. Per E. W. Keyes, Deputy 
 Superintendent, December 9, 1859. 
 
 Proceedings set aside for uncertainty, where, on a vote by ballot, more ballots were 
 deposited thau there were voters present. 
 
 A vote was taken upon the question of building a new school-house. The 
 vote was taken by ballot, and the result showed more ballots than voters. Of 
 course the department has no power to determine, in such a case, what is the 
 will of the majcjrity. 
 
 The j)roceedings of the meeting are, therefore, declared void for uncertaiuty. 
 Per E. W. Keyes, Deputy Superintendent, October 'il, 1859. 
 
 The proceedings of a district meeting will not •jf. set aside because the said meeting was 
 organized soon after the hour appointed, wUeTi but few of the inhabitants were present. 
 
 On an appeal from the proceedings of a special meeting, for the election of 
 a trustee, it is alleged that the hour for the meeting was six o'clock ; that the 
 meeting had transacted its business and adjourned by ten minutes past six ; 
 that there were present but three persons, one of whom was the trustee 
 elected ; and that it is customary to wait one hour after the time appointed 
 before organizing district school meetings. 
 
 If such is the custom in that district, it is high time it was abandoned ; 
 there is neither sense nor justice in appointing a meeting for one hour, and 
 compelling those who are present promptly, like business men, to wait a full 
 hour for the indolent, the inditferent and the shiftless to come. 
 
 Tlie appeal is, therefore, dismissed. Per H. H. Van Dyck, Superintendent, 
 February 2, 1859. 
 
 A special meeting fbr the purpose of directing the application of the public money will not 
 be ordered after the trustees have made their arrangements for a school upon proper 
 basis of division fixed by themselves. 
 
 On appeal from the refusal of the trustees to call a special meeting, it 
 appears that the object of the meeting was to take into consideration what 
 disposition should be made of the public money. As the annual meeting had 
 passed without action being taken on that question, it was left, by common 
 understandiu,g, to be applied as formerly, in view of which understanding the 
 trustees had made their arrangements for the winter term. 
 
 As any other disposition of the public money than that, according to the 
 understanding, might seriously embarrass their proceedings, it is adjudged 
 tiu necessary and inexpedient to call a meeting for the purpose of considering 
 that question. 
 
 The appeal is, therefore, dismissed. Per H. H. Van Dyck, Superintendent, 
 December 13, 1858.
 
 340 Meetixgs. 
 
 Trustees will not be directed to call a special meetins to take action npon questions which 
 have passed beyond the jurisdiction of the inhabitants. 
 
 On appeal from the refusal of trustees to call a special meetino; to reconsider 
 a vote taken at the annual meeting-, it appears that the annual meeting had 
 authorized the trustees to raise $100 to repair the school-house, and that the 
 trustees immediately went to work and made out a tax list ; contracted for 
 tlie rejiairs ; made an advance on the same, out of their own money, and com- 
 menced operations. Tliis they had an undoubted right to do ; the assumption 
 of the appellant that the trustees were bound to wait thirty days is wholly 
 untenable. The repairs were needed at once, if at all, and under the circum- 
 stances the promptitude of the trustees is commendable. 
 
 It follows, then, that a special meeting, if called, would have no power to 
 rescind the action of the annual meeting. The trustees, therefore, acted within 
 a reasonable discretion in refusing to call such meeting for the purpose named, 
 it not being then in the power of the district to act upon the question. The 
 appeal must be dismissed. Per H. H. Van Dyck, Superintendent, December 3, 
 18o8. 
 
 An annual meeting held nn the pecond Tuesday of October, though without notice, is legal, 
 that being the day now prescribed by law. 
 
 This department has ruled, and does rule, that any meeting held on the 
 second Tuesday of October, as required by the act of April 12, 1858, is legal. 
 All have an opportunity of reading the law, and the presumption is that they 
 had sufficient sense to comprehend it. Per H. H. Van Dyck, Superintendent, 
 November 23, 1858. 
 
 The proceedings of a meeting will notbc set aside because of neglect to administer the pre- 
 scribed form of declaration to persons challenged, when it is shown that such pcrBOUS 
 were in fact legal voters at such meeting. 
 
 On an appeal from certain proceedings at an annual meeting, it appears that 
 on a certain question, which is not stated, thirteen voters were challenged, to 
 but one of whom any oath was administered. But it also appears that each 
 one so challenged was a resident of the district, and owned or hired real prop- 
 erty therein. Their right to vote is thus clearly established, and the proceed- 
 ings should not be set aside for a mere informality in administering the oath, 
 when it is shown that such informality has no eflect upon the general result. 
 Per H. H. Van Dyck, Superintendent, November 15, 1858. 
 
 Where three tnisteesare chosen in a district, and their terms of office arc designated by lot 
 instead of by vote, as the law directs, the election will be declared void for uncertainty. 
 
 At a district meeting it was resolved to have three trustees, and three per- 
 sons were accordingly elected by viva voce vote, and the term that each one 
 should serve was determined by lot or chance, and not by the votes of those 
 present. 
 
 The objection to the proceedings of this meeting is valid. By section 6, 
 chapter 151, Laws of 1858, it is required that the time which each trustee shall 
 serve shall be decided by vote. Consequently, the election of these officers in 
 the present case is void for uncertainty, the term for winch either was elected 
 not being designated. Per H. II. Van Dyck, Superintendent, November 15, 
 1858. 
 
 The department will not set aside the proceeding? of a meeting to which a majority of the 
 inhabitants of the district are opposed, because such majority, though haviug due notice, 
 neglected to attend the meeting. 
 
 This is an a])peal from the proceedings of a special school meeting. The 
 case presented is not one requiring any action from this department. Duo 
 notice was given of a meeting to talce into consideration the question of a 
 change of site. A portion of the inluibitants saw fit to neglect their duty 
 and did not attend the meeting. Thereby a minority of the inhabitants were 
 enabled to control the action of the meeting.
 
 Meetings. 341 
 
 There is but one way in whicli a majority can carry out measures of policy, 
 and that is to present tiiemselves at tlie meetin^r July and properly notified. 
 
 It is no part of tiio duty of this department to make good, or, by its action, 
 atone for, the nenflect or indiffi-rence of the inhabitants. 
 
 The appeal is, therefore, dismissed. Per E. VV. Keyes, Deputy Superintend- 
 ent, September 11, 1858. 
 
 The proceedings of a school meetin:?, held at the unusual hour of half past seven o'clock in 
 ihe moniiiiir, will be set aside unless there are peculiar couditions in the district to justify 
 the call of a meeting at that hour. 
 
 A meeting was held at the hour of half past seven o'clock in the morning, 
 the proceedings of which are appealed from, on the ground of the unseasona- 
 bleness of tiie hour of meeting. 
 
 I cannot regard a meeting called at seven and a half o'clock in the morning 
 as giving an (jjjiiortunity to the inhabitants for a fair and deliberate expression 
 of their opinions upon the matters under discussion, unless it is made affirma- 
 tively to appear that the circumstances of the district are so peculiar as to 
 make that the best and most convenient time of meeting. It is not made so to 
 appear in the present instance, and the appeal must, therefore, be sustained. 
 Per H. H. Van Dyck, Superintendent, June 18, ISo"!. o 
 
 Where a meeting is called by a single trustee, the others having vacated their offices, the 
 call is lejal, even thjugh it may subsequently appear that the trustee was not legally 
 elected. 
 
 On an appeal from the proceedings of a special meeting, it is claimed that 
 the meeting was illegal and its proceedings void, from lack of authority on 
 the part of the person assuming, as truste:;, to call the same. 
 
 The facts of the case are tliat the meeting was called by an acting trustee, 
 and that no other person was authorized to act in that capacity, those elected 
 to that office, and claiming to hold it, having resigned. 
 
 Udd, that it was sufficient that, under color of tith; to the office, there being 
 at the time no competitor or rival claimant, and by advice of the commissioner 
 and on petition of the inhabitants, tlie said acting trustee directed the clerk to 
 call the meeting ; and that, the meeting being legally convened, the i)roceed- 
 ings, if not irregular, must be sustained. Per H. H. Van Dyck, Superintend- 
 ent, March 31, 1858. 
 
 Trustees do not exceed their just discretionary powers in refusing to call a meeting to 
 reconsider the action of a previous meeting, when the number of voters signing a remou- 
 Btrauce against such meeting is greater than the number of those petitioning for it. 
 
 At a regularly called and fully attended meeting of the district, it was voted 
 by forty-eight to twenty-two, to raise a tax to repair and enlarge the school- 
 house. Some time after the meeting, a petition signed by fifty-one voters of 
 the district was presented to the trustees, asking that a special meeting be 
 called to reconsider the proceedings of the former meeting. The trustees like- 
 wise received a remonstrance against calling such meeting, signed by sixty 
 voters. The trustees met, and, after due deliberation, resolved to deny the 
 petition. 
 
 Htld, that their refusal was justly founded upon the evidence before them 
 that a majority of tlio inliabitants were opi)osed to delaying or otherwise 
 embarrassing the proceedings inaugurated under the direction of the meeting 
 already heki. I can, therefore, see no occasion to reverse the decision of the 
 trustees in refusing to call another special meeting. Per li. II. Van Dyck, 
 Superintendent, March 9, 1858. 
 
 Where the clerk is nnablc to serve the notices of a special meeting on account of illncse, 
 the trustees may depute any inhabitant of the district to serve them. 
 
 The facts in' this case were as follows : The clerk, being unable to do it him- 
 self, suggested that liis son might serve tlie notices of a special meeting; this 
 suggestion was aijjiroved by two of the trustees, and the son of the clerk was 
 authorized by them to serve the notices.
 
 342 Meetings. 
 
 It has been decided that the clerk cannot act by deputy, and for the obvious 
 reason that his is a ministerial office, the duties of Avliich are definitely pre- 
 Bcribed, and which he has no power to delegate. But the person serving 
 the notices did not act by authority of the clerk, but by that of two of the trus- 
 tees. That the trustees may thus delegate a ministerial duty to an inhabitant 
 I have no doubt ; they act judicially as well as ministerially, and liave a discre- 
 tion in the performance of certain duties not conceded to the clerk. It is, 
 therefore, held, that the action of the trustees, in this respect, is legal. Per H. 
 H. Van Dyck, Superintendent, February 25, 1858. 
 
 Where the clerk names a wrong hour in his notice of an annual meeting, and part of the 
 inhabitants assemble at that hour and transact business, and part assemble at the hour 
 of adjournment, and also transact business, both meetings may be set aside, and a new 
 one ordered. 
 
 It appears that an annual meeting in 1856 adjourned to October 5, 1857, at 
 seven o'clock, and the same is so recorded. By error, the clerk in the written 
 notices of the meeting named six o'clock as the hour. A part of the inhabit- 
 ants met at that hour, and transacted the ordinary business ; a part, relying 
 upon the adjournment, met at seven o'clock, organized, and proceeded to busi- 
 ness. The latter appeal from the action of the former. 
 
 Held, that seven o'clock was the proper hour for meeting, but, a part of the 
 inhabitants having been misled by the written notices, no advantage should be 
 taken of such an official error, to deprive a considerable number of the inhabit- 
 ants of a voice in the regular proceedings. 
 
 The proceedings of both meetings are therefore set aside, and the clerk of 
 last year is directed to give notice of a new meeting within ten days after the 
 reccii^t of this decision. Per H. H. Van Dyck, Superintendent, November 
 30, 1857. 
 
 Trustees will not be ordered to call a special meeting upon the application of a respectable 
 number of inhabitants, where successive meetings for the same purpose have been called 
 and held. 
 
 The question is whether the trustees have exercised their discretion right- 
 fully, in refusing to call a special meeting upon tlie request of a respectable 
 number of voters to have the meeting called. Such a request is ordinarily 
 sufficient, l)ut it is not all-sufficient. If it were so, a respectable minority could 
 effectually prevent the consummation of any action by the majority. There 
 must be some reasonable pretext for a meeting to render the refusal of trustees 
 an abuse of discretion. In the present case, the oljject for which a special 
 meeting is desired has already been passed upon by two successive meetings, 
 at the last one of wliich every voter in the district was present but one. The 
 trustees have, therefore, only exercised a reasonable discretion in the matter, 
 and there is no occasion for any interference from this department. Per H. H. 
 Van Dyck, Superintendent, November 7, 1857. 
 
 Under certain circumstances a district meeting may rescind a vote of a previous meeting, 
 levying a tax, though a portion of that tax be collected at the time of such rescinding. 
 
 A regularly called special district meeting voted to levy a tax of $850 to 
 build a new school-house. A tax list and warrant were accordingly made out 
 and put in the hands of the collector, to whom a portion of the tax was paid. 
 Considerable dissatisfaction being expressed in regard to the levy of the tax on 
 account of the small number of persons present when it was voted, another 
 Hjjecial meeting was called, at which the vote to raise $350 for building a school- 
 house was repealed, and a tax of $200 was voted to repair the old school-house. 
 
 On appeal from the proceedings of this second special meeting, it was held, 
 that, it liaving been already decided by tliis department {Old Code Public Instruc- 
 tion, page 55), that, at any time before the list and warrant are delivered to tho 
 <'<)llcctor, tlie inhabitants may rescind the vote by which it was levied, it would 
 be tlius clearly implied that the vote cannot be rescinded after the warrant is 
 put into the collector's hands. A decision of the Supremo Court is positive and
 
 Meetings. 343 
 
 emphatic, tliat, after a portion of the tax has been collected, the district has no 
 power to repeal the resolution under which the tax was levied. (4 Barb., 25.) 
 This would seem to cover the case completely, and to decide the whole ques- 
 tion at once. It is to be noticed, however, that the argument used in support 
 of the decision does not apply at all to the present case ; that argument being 
 the manifest injustice of collecting a tax from a portion of the inhabitants, and 
 then, by a reconsideration, to exempt tlie remainder from taxation. But here 
 is no such condition, for the collector was directed to refund the amount col- 
 lected, and it is believed this has been done. Now we are warranted in assum- 
 ing that the case before us is not determined by the deci.siou, the conditions 
 and equitable interests involved being unlike, though the abstract terms of the 
 decision comprehend both. 
 
 But it further appears that the original warrant of the trustees had run out, 
 and that they refused to renew. This does not invalidate the original vote to 
 levy a tax — but until the warrant is renewed it remains inoperative, and, in 
 the opinion of this department, that is a condition of which the district may 
 take advantage, and, by refunding the money collected, thus establishing the 
 conditions under which their authoritj' is recognized, proceed to exercise that 
 power in the act of repeal. The exercise of the equitable powers of this depart- 
 ment in setting aside proceedings strictly legal, or in the affirmance of those 
 resulting from the assumption of doubtful powers, is to be deprecated, except 
 when it becomes the only means of preventing the consummation of injustice 
 or wrong. But in the present case, if the proceedings of the second special 
 meeting were not strictly legal, as they are assumed to be, the department 
 would have no hesitation in exercising the discretionary power with which it 
 is vested, to declare the proceedings of the first meeting superseded by those 
 of the second, for the tax voted at the first meeting appears, upon substantial 
 evidence, to have been unnecessar}', and that voted at the second meeting to 
 have been entirely adequate to the present demands of the district. Per H. H. 
 Van Dyck, Superintendent, October 31, 1857. 
 
 The proceedings of a meeting locating a Bite, in accordance with an award of arbitrators, 
 to whom contending parties in a district had agreed to refer their diflerences, will be sus- 
 tained. 
 
 In pursuance of an adopted resolution, several subjects of controversy in the 
 district were referred to the decision of arbitrators. After hearing the proofs 
 and allegations of the parties, the arbitrators made an award, by which they 
 located the site of the school-house. 
 
 At a meeting subsequent to the award, the inhabitants, by a vote of 15 to 4, 
 located the site at the jilace designated by tlie arbitrators, voted a tax for pur- 
 chasing the site, and for removing the building to it. 
 
 The objection is taken, on appeal, that the arbitrators had no authority to 
 determine the site, and that the district has another site so long as it chooses 
 to occupy the same. 
 
 Held, that the tax is legal, not because of the award, but because the inhab- 
 itants elected to fix the site in the place which the arbitrators pointed out, as 
 they had good right to do, irrespective of the award. Per H. H. Van Dyck, 
 Superintendent, May 23, 1857. 
 
 The Superintendent will set aside the proceedings of a meeting voting an exorbitant sum 
 to pay in advance the rent of a school-house site for a number of years. 
 
 An appeal is taken from the proceedings of a meeting, a resolution of which 
 directed the trustees to levy a tax of $150, for the purpose of paying the rent for 
 a term of twelve years on a lot which was then, and had been for about twenty 
 years, in possession of the district, and occupied as a site for a school-house. 
 The appellants state that three dollars and fifty cents per annum is the rent 
 which has heretofore been paid for said lot, and that $150 is a most unreason- 
 able price for the fee simple: The evidence shows that the value of the fee of 
 the site does not exceed thirty dollars.
 
 344 Propeuty. 
 
 It is, tlierefore, lield by the department that there is no adequate considera- 
 tion for an agreement to pay $150 lor a twelve years' lease of the site ; that 
 the appeal must be sustained, and that tlie resolution and proceedings \inder 
 it must be set aside. Per H. II. Van Dyck, Superintendent, May 22, 1857. 
 
 A meeting, called hy two trustees without consulting the third, will not be set aside when 
 the third trustee attended the meeting and participated in the proceedings. 
 
 A meeting was called by the- majority of the trustees, without consulting 
 the third, and, upon this ground, the third trustee asks that its proceedings 
 may be declared void. At the meeting every voter in the district, excepting 
 one who was absent from home, was present. The third trustee' was present 
 and voted. 
 
 Held, that the trustees who united in ordering the call were unquestionably 
 wrong in exercising the power without their colleague, and that, if any con- 
 siderable part of the inhabitants had declined or omitted to take part in tlie 
 proceedings, this defect in the order for its call might have been regarded as 
 fatal. 
 
 Where, however, the notice has the effect of convening all the inhabitants, 
 ^vith the exception of a single individual, whose vote, if present, would not 
 Lave affected the result, the Superintendent feels warranted in disregarding 
 the objection, when brought by a person who himself disregarded it, by par- 
 ticipating in the proceedings of the meeting. Per H. H. Van Dyck, Superin- 
 tendent, May 14, 1857. 
 
 PROPERTY. 
 
 Where property in the possession of public officers has been stolen or destroyed by fire, 
 without negligence on their part, they are not bound to make good the loss. 
 
 It has been settled by the supreme court, in the cases of Supervisors of Albany 
 County V. Dorr (25 Wendell, 440), and Broiuning v. Ilauford, sheriff (5 /////, 558), 
 tliat a public officer, in whose possession property has been destroyed by fire or 
 for want of care, or from whom money has been stolen without negligence or 
 any default on his part, is not bound to make good the loss. Per E. Peshino 
 Smith, Deputy Superintendent, April 17, 1855. {Letters, vol. 2, p. 347.) 
 
 Super%'i?or «hould take charge of all property bequeathed to a town for the benefit of common 
 schools, whcu no other person is specified. lie should communicate the fact of his doing 
 60 to Superintendent of Public Instrui:tiun. 
 
 Where property is bequeathed to a town for the benefit of the common 
 schools therein, without naming any ])articular officer or person as trustee of 
 the fund, the proj'x^rty should be d(!livered over to the supervisor, who is the 
 financial officer of the town. As soon as he receives the property the super- 
 visor should report, the fact to the Superintendent of Public Instruction, who 
 will advise with hitn as to its investment and in regard to the disposition of 
 the interest. The duties of the supervisor in regard to such trusts are stated 
 in article 2, title 'i, chapter 555, Laws of 1804. Per V. M. Kice, Superintendent, 
 February 13, 180G. {Letters, vol. 5, p. 138.) 
 
 Statute provides for a sale of property only "when a district is annulled, and portions 
 thereof are annexed to other districts." 
 
 The facts show a mer-' division ol a joint district. Changing names cannot 
 change facts. Ir., this case, the fact is that a new district (7) was formed from 
 a ])art of joint district (8.) 
 
 But, independent of any question as to whether the action of the board 
 amounted to an " annulling" of the district, the statute provides for a sale of
 
 Public Money. 345 
 
 the property only " when a district is annulled and portions thereof are annexed 
 to other districts." 
 
 Tlie part of the sentence which is quoted, is rcpfarded as furnishing a defini- 
 tion of what is meant by " annulled." If, however, tliis be wrong, and tho 
 quoted words are regarded as an independent provision, it leaves the difficulty 
 that both conditions must concur to authorize a sale. In the case of No. 8, no 
 ]iart was annexed to any other district. Per E. Peshine Smith, Deputy Super- 
 intendent, August 14, 1855. {Letters, vol. 2, p. 535.) 
 
 The property of a district is to be sold " when a district is annulled, and portions thereof 
 are annexed to other districts," and there is uo provision for sale unless these couditiona 
 uri' fultiUed. 
 
 When a district is divided simply, and two districts are formed^from it with- 
 out the addition of another territory, jxirtions of it are not annexed to other 
 districts, nor is any portion of it annexed to a (singular number) district. This 
 consideration appears to fortify the conclusion which would be drawn from the 
 use of the word '• annulled," the signification of which is " reduced to notliing." 
 A district can hardly be said to be reduced to nothing while its school-houso 
 remains with a territory attached thereto of sufficient extent to be still main- 
 tained as a district. 
 
 If the law justifies a sale of district property in any case (after payment of 
 debts), the statute imperatively requires the division of the remaining proceeds 
 among the several inhabitants, in the ratio of their assessments, and the 
 receipt of each one, or his written assent to a different disposition of the same, 
 would be required. Per E. Pesliine Smith, Deputy Superintendent. March 23, 
 1855. {Letters, vol. 2, p. 274.) 
 
 PUBLIC MONEY. 
 
 Public money cannot be paid for wages of a past year. In other words, pub- 
 lic money apportioned for anv year must be expended for services performed 
 within tliat year. Per Dix, March 2G, 1838. 
 
 The county treasurer is bound to pay over to each town all the school money 
 apportioned to it and received by him from the State treasury. He cannot 
 retain a percentage for receiving and disbursing, out of the money in his hands. 
 Whatever claim he has is a charge against the county. Per Spencer, October 
 12, 1840. 
 
 When the district has given no direction, and the trustees have already 
 appropriated the public money to a particular term of school, the district hag 
 no further cuntrol over the disposition of it. In the absence of any specific 
 directions by the district, the trustees can applj' the money as they may deem 
 best for the interests of the schools. Per Spencer, June 15, 1841. 
 
 The wages of a teacher employed for the winter term may be paid from tho 
 school money to be received the next spring. Per Young, November 28, 1842. 
 
 In the absence of any specific directions by the district, the trustees may 
 apply tlie ])ublic money to the summer and winter terms of a school in such 
 proportions as they may deem just. Per Young, January 10, 1843. 
 
 Town superintendents (supervisors) can pay over public money only ujjon 
 the written order of tlie trustees, or a majority of them, to the teacher entitled 
 to receive the same. Per Morgan, May 2d, 1851. 
 
 44
 
 346 Public Moxet. 
 
 The public money apportioned for one year cannot be applied to the payment of teachers' 
 wagus of a previous year, except when a term embraces a portion of two years, in which 
 case the public money of either year may be applied indiscriminately to that term. 
 
 The appellees (two of the trustees) jrave an order upon the town superintend- 
 ent of Hoosick for ten dollars, to be paid out of the apportionment of public 
 money for 1849, in favor of the teacher for the summer term of 1848. The 
 public money apportioned for one year cannot be applied to the expenses of a 
 previous year, except when the term embraces a portion of two years ; in which 
 case the public money ol either year may be applied indiscriminately to that 
 term. 
 
 The trustees could not le^rally apply any of the apportionment for 1849 to 
 the payment of the teacher of the summer term of 1848. 
 The appeal is sustained. Per Morgan, April 3, 1849. 
 » 
 Tlic illegality or irregularity of the election of trustees is no excuse for a town superintend- 
 ent (supervisor; for refusing to pay over the public money, upon the order of such trus- 
 tees. He must be governed by the report of these officers, made in conformity to law. 
 
 The town superintendent of the town of Spencer, Tioga county, declined to 
 pay over, on the order of the trustees of district No. 3, in said town, in favor of 
 a duly qualified teacher, a portion of the school moneys apportioned to said dis- 
 trict, and from. this act the trustees appealed to the county superintendent, who 
 sustained the appeal, and ordered the town superintendent to pay the money 
 over, for the purposes and in the manner prescribed by law. Town superin- 
 tendents (supervisors) will not be permitted to inquire, as in this case, on 
 being presented with a written order, signed by the trustees of a district, into 
 the validity of the appointment or election of the persons claiming to act, and 
 who are acting as such officers. Such an order, duly receipted by the person 
 in whose favor it may have been drawn, would be a perfect protection to him. 
 It is not pretended "that this money is withheld for any defect in the last 
 annual report, or that schools have not been taught in conformity with the 
 requirements of law. As a general principle, collateral matters cannot be 
 drawn in question, involving judicial cognizance, by any officer, when called 
 upon to discharge a mere ministerial duty. And the town superintendent in 
 this case assumes to decide who are not the trustees of the district, a matter 
 entirely beyond his jurisdiction. The decision of the county superintendent, 
 therefore, ordering him to pay over the money to the trustees as atVresaid, 
 was correct, and is hereby affirmed. Per N. S. ISenton, January 29, 1846. 
 
 The public money must be applied to the payment of the wages of qualified 
 teachers, and for no other purposes. Debts due the district, or bought by the 
 trustees, cannot be offset against the wages. Nothing but payment to, or on the 
 order of, the teacher, is a compliance with the law. Per Spencer, April 23, 1839. 
 
 Trustees, in the absence of express directions from the district, may, in their discretion, 
 apply the public monev for the support of schools as they may deem proper; but when 
 they apply more than two-thirds thereof for the support of the winter school, the Super- 
 intendent of Public Instruction will intertere. 
 
 It seems that the trustees applied more than two-thirds of the public money 
 for the support of the winter school, in 184G, leaving the balance for the sum- 
 mer school. In the absence of any express direction on the part of the dis- 
 trict, the trustees have a legal right, in their discretion, to api)ly the public 
 money as they may deem proper, which discretion will always be controlled 
 by the department, when those officers ai)ply more than two-thirds of the 
 public money to the winter schools, leaving the balance for the summer 
 schools. The act whicli should hav(^ been appealed from was the ])ayment of 
 n(!arly all the public money toward llie support of the winter school in 1846 
 The trustees having the strict legal right to do as they have, and no legal 
 Bteps having been taken to correct it (more than thirty days having elapsed 
 before the bringing of the appeal), as a legal consequence they are bound to 
 make out their rate bill in accordance with their former acts, that is, apply the
 
 Public Money. r.'47 
 
 residue of the public money to the summer school, and make out their rate 
 bill for the balance. Per N. S. Benton, April 8, 1847. 
 
 The statute directinj; town superintendent? (siipervifors) to pay out public money only to 
 qualilied teachers, duly employed, upon the order of the trustees employing them, waa 
 enacted for the purpose of preventing embezzlement by trustees, and if they pay tho 
 jjiiblic money to a trustee or other person than the teacher, without his order, ihey do it 
 at their peril. 
 
 This is an appeal taken from the- action of the trustees in school district 
 No. 9, in the town of Otto, Cattarautyus county, by a teaclier duly employed in 
 said district durinj? the last winter, on the gronnd of withholding from him a 
 portion of his salary, amounting to the sum of $15.86. Tho appeal is without 
 answer. 
 
 The appellant testifies that while he was engaged in the employ of said 
 trustees, two of them, to wit, Isaac Heed and Daniel 11. Grinals, wrote an order 
 for the residue of the public money ap]jortioncd to said district in 1853, making 
 it payable to appellant ; that Reed went without appellant's knowledge or con. 
 sent and drew said money in appellant's name from the town superintendent 
 of Otto, which money amounted to $15.80, as aforesaid; that when ajipellant 
 closed his term, said trustees (two of them) gave him another order upon said 
 town superintendent for $52.5(5, to be paid in part of the residue of the public 
 money apportioned in 1854 ; that said superintendent paid $86.04 on said order 
 and retained it in his possession, but refused to pay any further amount, saying 
 that he had paid the remainder to said Isaac Reed, one of the trustees of said 
 district. 
 
 The provision of the law which directs town superintendents (supervisors) to 
 pay out public money only to qualified teachers duly employed, upon the order 
 of the trustees employing them, was enacted for the express purpo.se of pre- 
 venting the opportunity of embezzlement by trustees. If in the face of this 
 fact public money is paid to a trustee, in the name of a teacher or otherwise 
 without a properly attested order from the person to whom it is due, the town 
 superintendent (super\isor) does it upon his own responsibility. In the case 
 in controversy, the trustee. Reed, is lial:)]e for tlie means by which he obtained 
 the money, and the town superintendeiit of Otto is responsible to school dis- 
 trict No. 9 for tlie amount paid by him to Reed, and he must make good the 
 deficiency, looking to Reed for reimbursement. 
 
 This appeal is accordingly sustained, and the town superintendent of Otto is 
 hereby ordered to ])ay to said Hosea Edwards, teacher aforesaid, the sum of 
 $15.80 claimed by him, and to preserve district Xo. 9 good in that amount, not 
 charging said district for the amount paid illegally by him to said Isaac Reed. 
 Per V. M. Rice, November 11, 1854. 
 
 Authority of the district to interfere with the action of the trustees in dividing the public 
 
 money. 
 
 There is no doubt that the district may direct the trustees how to divide tho 
 money between the different terms, and, in the absinico of any such direction, 
 it is equally clear that the matter is left to the discri'tion of the trustees. In 
 the present instance, the annual and a subsequent adjourned meeting passed 
 without any action being taken in regard to the public money, nor was it till 
 after the school had commenccid, and the trustees had completed their arrange- 
 ments for its sujjport by dividing the money, that any movement was made 
 in regard thereto by the district. 
 
 It has been repeatedly held by the department that, wdiere the district has 
 given no direction, and the trustees have already apportioned the public 
 money, the district has no further control over it. It was competent for the 
 district to act on this question at their annual meeting, and their neglect to do 
 BO invested the trustees with the control of the matter. It is too late, after the 
 trustees have exercised the authority thus duly vested in them, and the school 
 has commenced to change the entire policy thus established. Per II. II. Van 
 Dyck, Superintendent, January 20, 1858.
 
 348 Religious Meetings. 
 
 In the apportionment of public money, tmstces should he governed by the wishes of the 
 disti'ici; therefore, wlien the inhabitants at r. district meeting adopt a re^sohltion in 
 reference to the apportionment of the public money which was not by its terms restricted 
 to one year, the trustees should regard it as continuous in its operation. 
 
 It is stated to have been the custom of the district to apply two-tliirds of 
 the public money to the winter term, and the remainder to the summer term. 
 The api)ellant desires this apportionment to Ije continued. He states that no 
 vote was taken on the subject of a division at the last annual meeting, under 
 the impression probably that such direction was in force for a period longer 
 than a year. 
 
 It is not perceived that the statute requires the inhabitants to reiterate their 
 wishes annually in this respect, and as it is a matter in regard to which the 
 interests of the district are not liable to change from year to year, there is no 
 reason of policy requiring such an interpretation. If the last resolution 
 adopted by the district in relation to this subject was not by its terms restricted 
 in its operations to a year, or some other definite period, the trustees should 
 regard it as still in force and as furnishing the rule for their action. 
 
 As it does not appear from the appeal what the fact may be in relation to 
 tliis point, the Superintendent can only indicate the principle which should 
 govern. 
 
 It is inferred, from the statements of the appeal, to be quite probable that a 
 portion of the $.^2, said to be due to the teacher for wages, was earned by 
 service rendered prior to the first day of last January, in which case it should 
 not be compensated from the money apportioned this year, but a rate bill 
 should be issued (levied), the amount collected upon which shall be employed 
 to remunerate said teacher, or to replace the sum, if it has been borrowed from 
 the apportionment of this year. 
 
 The appeal is sustained. Per E. P. Smith, Deputy Superintendent, April 24, 
 1855. 
 
 RELIGIOUS MEETINGS. 
 
 Use of school-house for religious meetings considered. 
 
 The quiet assembling of orderly persons for religious instntction, not at 
 unreasonable hours, cannot be a serious injury to the school-house, nor to the 
 educational interests generally of the district. 
 
 At all events, I ani not disposed to interfere with the discretion of the trus- 
 tees in regard to a proper custody of the school-house, until the abuse of that 
 discretion is clearly proven by evidence showing that positive injury and dam- 
 age has resulted from allowing the school-house to be used for other than 
 school purposes. Per II. II. Van Dyck, Superintendent, March 15, 1859. 
 
 An application to close the school-house against religious meetings must show some injury 
 resulting from such use. 
 
 An appeal is taken from the action of the trustees in allowing the school- 
 house to be used for religious puri)Oscs. 
 
 This complaint is not denied, but, as the appellant does not show that any 
 injury results to the school-house nor to the district from the holding of 
 meetings, there is not presented any grievance dmnantling the interposition 
 of this department. Per II. H. Van Dyck, Superintendent, January 3, 185i). 
 
 School-house may, under certain circumstances, be used for religious meetings, lectures, etc. 
 
 It is alleged and not denied, that the school-house is used for the purpose 
 of holding religious meetings occasionally upon Sunday. It is not alleged 
 that any injury, damage, or loss is sustained by the district in consequence of 
 these meetings.
 
 Religious Meetings. 34v> 
 
 The trustees have the custody of the liouse, and their rij^ht to allow it to be 
 used for other than school purposes under such restrictions as will prevent 
 any interference with its leffitimato and primary use is nowhere limittsd by 
 statute. This department will not interfere with the action of the trustees in 
 this matter, except upon due )iroof of injury or loss to tlie district, resulting 
 from the use of the house for other than school purposes. I am disposed to 
 hold, with a previous opinion of this department, found in BandaU's School 
 System, 220, that the school-house may be used, out of school hours and when 
 not wanted for district purposes, for religious meetiuos, Sunday schools, 
 lectures, or any otiier moral, literary or useful purpose, with the a])probation 
 of a majority of ibe district, and consent of trustees. Per H. 11. Van Dyck, 
 Superintendent, January 7, 18G0. 
 
 Trustees cannot, under ai;y circumstances, be required to open the school-house for 
 
 religious meetings. 
 
 This department, in its late action, has favored the policy of opening the 
 school-house for religious and other worthy objects, when not wanted for 
 school purposes. Where this power is exercised by the trustees, within the 
 limits of a proper discretion, and regard for the district property, the depart- 
 ment will not interfere. 
 
 But this is very difiFerent from compelling the trustees to open the house for 
 such purposes. They cannot, as trustees of the district, be compelled to do 
 any act not specifically within the range of duties prescribed. They are under 
 no obligation to yield, even to the unanimous wish of the district, to open the 
 school-house for other than school purposes ; and for the reason that they are 
 not elected as guardians of the moral or religious interests of the district, but 
 of its educational interests. They cannot be compelled to take action outside of 
 their othcial relations. For their refusal to comply with the wishes of the 
 district in matters outside their official relations, there is no remedy but to 
 elect others in their places, as fast as their terms of service shall expire. Per 
 H. H. Van Dyck, Superintendent, June 7, 1860. 
 
 Trustees will not he ordered to open the school-house for religious meetings. 
 
 No denomination has a right to the use of the school-house for religious or 
 other purposes. Whoever occupies it for other than school purposes does so 
 by sufferance only. The trustee who allows such privileges to be exercised 
 does so without the sanction of any statute law, and is personally responsible 
 for any inj ury to the property caused thereby. 
 
 No inhabitant of the district has a right to demand any thing from the 
 trustee as an officer, which he is not lawfully bound to grant ; and this depart- 
 ment has 110 authority to order him to do any thing not required or contem- 
 plated by the law prescribing his duties. Consequently, the Superintendent 
 has not authority to order the trustee to open the school-house for other than 
 school purposes. Per V. M. Rice, Superintendent, May 5, 1863. 
 
 Religious exercises are not a part of district school exercises, and, therefore, no portion of 
 the regular school hours is to be consumed in conducting them. 
 
 A teacher has no right to consume any portion of the regular school hours 
 in conducting religious exercises, especially where objection is raised. The 
 principle is this: Common schools are supported and established for the pur- 
 pose of imparting instruction in the common English branches; religious 
 instruction forms no part of the course. The proper places in which to receive 
 such instruction are churches and Sunday schools, of whicli there is usually a 
 sufficient numl)er in every district. The money to support schools comes from 
 the people at large, irrespective of sect or denomination. Consequently, 
 instruction of a sectarian or religious denominational character must be 
 avoided, and teachers must confine themselves, during school hours, to their 
 legitimate and proper duties. Per V. M. Rice, February 5, 18GG. (Ldlers, vol. 
 5, p. 123.)
 
 360 - Repairs. 
 
 REPAIRS. 
 
 Kepain in the way of removing a desk and substituting a table approved aa necessary. 
 
 On an appeal from a tax list made out by the trustee, the complaint is that 
 the trustee has, without authority, removed a desk from the school-room, and 
 provided in its place a table and chair. I infer that the appellants have little 
 idea of the conveniences and necessities of school-room furniture. If they had, 
 they would never object to any reasonal)le expense incurred in substituting a 
 table and chair for a desk and bench. But, aside from the convenience to the 
 teacher which is thus promoted, it is in evidence that the room thus occupied 
 by tliis cumbrous, unseemly and awkward desk was absolutely needed for 
 class exercises — there being no place where pupils in class could be accommo- 
 dated without exposure to the burning heat of the stove. Under these circum- 
 stances, I can not but regard the alteration as comprised under the head of 
 "necessary repairs," for which the trustee is authorized to levy a tax not 
 exceeding ten dollars. Per H. H. Van L)yck, Superintendent, April 16, 1861. 
 
 Where a district has voted to make certain repairs to the school-house at a certain expense, 
 and these repairs have been made under the direction of one trustee, the other trustees 
 ■will be required to unite in making out a tax and warrant for the expenses thus incurred, 
 to the amount voted. 
 
 At a district meeting it was resolved to repair the school-house, and a com- 
 mittee was appointed to report in regard to the plan for repairing, and the 
 necessary expense. Tlieir report set forth what repairs were expedient, and 
 stated that they could be effected by raising tlie sum of twenty dollars. This 
 report was adoj)ted by a vote of thirteen to six, and the repairs were made 
 under the direction of one trustee and tlie committee before mentioned, without 
 the consent or approval of the other two trustees, and they refuse to unite in 
 making out a tax list for the amount thus expended. 
 
 Held, that the direction of the voters to repair the school-house, and fixing 
 the extent and cost of the repairs at twenty dollars, was equivalent to voting 
 that sum, and the trustees have no excuse for refusing to make out a tax list 
 therefor. The error of the trustees cousists in their assuming to judge of the 
 expediency of the repairs. This was settled by the district, and the trustees 
 ai-e bound to acquiesce in and execitte its will. Per H. H. Van Dyck, Super- 
 intendent, July 17, 1857. 
 
 TruBtees may make any repairs on school-house, pursuant to the direction of school com- 
 missioner. 
 
 Section 50 of title 7 of the consolidated school act of 1864 declares : " They, 
 the trustees, may make any repairs pursuant to the direction of the school 
 commissioner." Should a school meeting pass a resolution as follows, viz.: 
 " Resolved that the trustees be directed to repair the school-house and make it 
 comfortable for school purposes," I should think it advisable and safest, there- 
 upon, before making any very extensive repairs, to procure the direction of 
 your school commissioner, specifying what repairs are to be made. 
 
 In his order directing the trustees to make the repairs, he would do well to 
 commence with a preamble, setting forth that, whereas the inliabitants of 
 
 school district No. — , of tlie town of , did, at a school meeting 
 
 legally called and held at the school-house in said district on the day 
 
 of October, 1865, pass the following resolutions, viz. (give the resolutions), 
 and whereas the trustees of said district, viz. (gi\ing their names), have 
 requested me to designate such repairs as it shall deem jjrojjcr to be made, 
 pursuant to the resolution, and to a direction given by me for making repairs, 
 as provided by section 50 of tith; 7 of th(! consolidated school act of 1864, now, 
 therefore, etc., ordering specifically the repairs to be made. The conimissinner 
 cannot autliorize the trustees to build anew, but merely to rei)air what has 
 been formerly built or constructed. Per V. M. Rice, Superintendent of Public 
 Instruction, October 27, 1865. {Ldters, v<A. 4. p. 417.)
 
 Residence — Non-resident Pupils. 35 J 
 
 RESIDENCE — NON-RESIDENT PUPILS. 
 
 An inhabitant cannot gain a residence in another district by taljin^ a portion of his family 
 with himself thereto, so as to send his children to school therein. 
 
 The following statement of facts is submitted by the parties : 
 
 Barclay Miller o^^'ns a farm in district No. 5, upon which he lived till tho 
 eprinp: of 1847, when he removed to another farm in district No. 12, leaving 
 his son in the occupancy of the farm in No. 5. 
 
 On or about the 25tli of November, 1848, a district school was commenced in 
 No. 5, to which Mr. Barclay Miller sent part of his children. Upon the repre- 
 sentation of the teacher that the school was already too large, the trustees 
 directed him to dismiss Mr. Miller's children from school. 
 
 Whereupon Mr. Miller came with his children and a part of his furniture to 
 his eon's house in No. 5, leaving his wife at his house in No. 13. His son went 
 to the fami in No. 12, but left his wife at the house in No. 5. Mr. Barclay 
 Miller has, since this arrangement, somivtimcs lodged at his house in No. 12, 
 and his son has also occasionally lodged at the house in No. 5. Barclay Miller 
 took with him to No. 5 his horses and milch cows, but had stock on both farms, 
 and has since killed his hogs at the house in No. 12, and there packed the pork. 
 
 Under this statement of facts, Barclay Miller cannot claim to be a resident 
 of district No. 5. The trustees have power to dismiss his children from the 
 school, or, if they permit them to attend, they are not entitled to share in the 
 public money of the district, nor can they be lawfully enumerated as children 
 residing in the district. Mr. Miller is a resident of No. 12, and liis children 
 must be there enumerated. Per Morgan, January 11, 1849. 
 
 A resident of a district is not responsible for the tuition of a non-resident pupil who simply 
 boards with the former, unless the trustees notify him at the commencement of the school 
 that he will be held responsible for the tuition^ 
 
 In this case the appellant represents that the trustees have charged him 
 eighty-two cents for the tuition of Erastus Hibbard, the son of a non-resident 
 of the district, and who was a mere boarder in his house ; and he alleges, in 
 express terms, that he did not send him to the school nor engage to pay his 
 tuition, and that he had no control nor jurisdiction over him. No answer has 
 been put in by the trustees, although a copy of the appeal, duly verified, was 
 served upon one of their number on the 28th of April last. The statement of 
 the appellant, therefore, must be taken to be true, and, under such circum- 
 Btances, he cannot be regarded as legally liable for the tuition of the boy. If 
 the trustees had designed to hold him responsible, it was their duty to have 
 apprised him of the fact at the commencement of the term. Not having done 
 Bo, they must look to the father of the boy. 
 
 It is, therefore, ordered that the trustees strike from the rate bill (tax list) 
 the charge against the appellant for the tuition of Erastus Hibbard. Per 
 Morgan, May 18, 1849. 
 
 It is illejral for tmstees to enumerate children in their districts between the ages of fire and 
 fixteen, unless they compose a part of the family of tlieir parents or guardians or employ- 
 ers, if sucli parents or guardians or employers reside at the time iu such district. 
 
 The trustees in district No. 5, in the town of Davenport, included in their 
 annual report, dated December 31, 1848, sixty-two children under sixteen and 
 over five years of age, attending a private school imder charge of S. D. Fergu- 
 Bon. The children attending this private school had parents residing mostly 
 in New York and Philadelphia, and tlic parents of none of them in the district. 
 Kve of said sixty-two children were orphans. It was not known to tho depart- 
 ment whether the said orphans were 8U)>port(!d by Mr. Ferguson, or were 
 boarded like the rest, or were sent to school by their guardians, but the latter 
 is supposed to have been the truth.
 
 352 Residence — Nox-eesident Pupils. 
 
 The ecliool law, section 118, of 1847, directs the trustees to include in their 
 report all children over five and under sixteen years of age, who shall, at 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 or guardians or 
 employers reside at the time in such district. From this law it would seem to 
 be very clear that not one of the sixty-two children attending Mr. Ferguson's 
 school could be lawfully enumerated in the annual report of the trustees. ' 
 
 Tlie trustees of district No. 5 were, therefore, wrong in including these 
 children in their report. Per Morgan, March, 1849. 
 
 Children of temporary residents are to be enumerated in the annual reports of trustees. 
 
 The language of the law is that " all children actually residing in the 
 district on the first day of January, although such residence may be temporary, 
 shall be included in the reports of the trustees." And, again, " All children 
 included in the reports of the trustees of any school district shall be entitled 
 to attend the schools of such district." 
 
 These provisions were evidently intended especially to meet the case of the 
 children of laborers on our public works, and others temporai'iiy residing in 
 school districts. Per Young, May 27, 1842. 
 
 When an inhabitint moves from one school district into another for the purpose of avoiding 
 an enumeration of his children in the former district, and immediately after the enume- 
 ration moves bacli. tlie town superintendent (school commissioner) should apportion the 
 money drawn on account of his children to the former district. 
 
 In this case the appellants transferred their residence from joint district 
 No. 3, (,'herry Creek and Ellington, where they have for several years resided, 
 to district No. 7 in Cherry Creek, on the 80th of December last, with the 
 obvious intention and design of having their children enumerated in the latter 
 district, where they generally attend school, owing to some difficulties existing 
 in district No. 3. On the 1st of January, both the appellants returned to their 
 former residences in the latter district, where they have since remained, and 
 which is their permanent residence. 
 
 The town superintendent, under these circumstances, very properly refused to 
 sanction the fraudulent attempt to evade the spirit and intent of the law, and 
 apportioned the money drawn on account of their children to district No. 3. 
 In this he has been sustained by the county superintendent, whose decision 
 must be affirmed. Per S. Young, April 10, 1844. 
 
 Children of non-residents are not entitled to attend a district school without 
 permission of the trustees, and upon such terms as may be agreed upon. They 
 cannot be permitted to share in tlie jjublic money appropriated to the district 
 under any circumstances. Per Spencer, March 26, 1841. 
 
 The power to admit to the district schools non-resident pupils is vested by statute in the 
 trustees exclusively. 
 
 The inhabitants of district No. 1, Elba, at their annual meeting, September 
 4, 18oo, passed a resolution to exclude non-resident children from the district 
 school. An ap])eal was brought. 
 
 Ho much of tiie resolution as assumes to close the school against pupils from 
 other districts is unautliorized. Tlie trustees are invested with the power to 
 admit such pupils by the cx])ress terms of the statute. It is their duty to pre- 
 scribe the conditions of admission, and they ought to l)e such as to indemnify 
 tlic district against any increased expense; resulting from the attendance of 
 non-residents. Proper security, moreover, ought to be taken in advaiic; i'or the 
 payment of any bills for tuition to which such i)ui)ils may be suljected, as 
 they cannot be collected upon a rate bill or by warrant. Per E. P. Smith, 
 Deputy Superintendent, October 20, 1855.
 
 Residence — Non-resident Pupils. 353 
 
 Wliat constitutes rcpiflence. 
 Trastees have the authority to exclude non-resideut pupils from the district school. 
 
 This is an appeal from the refusal of the trustees to allow one Eveline Oaks 
 to attend the district school. 
 
 Tlie said Evt-line Oaks is a minor and a relation of the appellant. Her 
 mother, a widow, resides with her family in district No. adjoining. The 
 appellant fails to show that it is the intention of the child or of the mother to 
 change the residence of the cliild from district No. 9 to the district from which 
 tlie appeal is brought. No such intention being shown, the legal doctrine that 
 the residence of the parent is the residence of tlie child prevails, and the res- 
 idence of Eveline Oaks must be regarded as being with her raotlier in district^ 
 No. 9. She is, therefore, not entitled to any privih'ges in the district from 
 which this appeal is brought, and the trustees of the latter district have exer- 
 cised a just and legal discretion in excluding her from the school. Their 
 action must, therefore, be approved, and the appeal be dismissed. Per H. H. 
 Van Dyck, Superintendent, February 8, 1860. 
 
 Where children whose home has been broken up are brought to the residence of a grand 
 father to find care and protection, for an indefinite period, they become residents of the 
 district in which .^uch grandparent lives. 
 
 An appeal is talten from the decision of the trustees of a district refusing to 
 admit certain children into the district school, or to share in the public moneys 
 thereof. 
 
 The children whose admission is thus refused are within the age prescribed 
 to entitle them to the privileges of the school, and are residing with their grand- 
 father, an inhabitant of the district. It also appears that the home of the par- 
 ents of these children has been entirely broken up, and that they are brought 
 to the residence of their grandfather to find the care, protection and privileges 
 of a liome. 
 
 Tlie ground of objection to their admission is, that they are not residents 
 of the district. 
 
 Ildd, tliat they are residents of the district in the fullest sense, as implied by 
 tlie statute, and, as such, entitled to a share in the public moneys apportioned 
 to the district in which they reside. Per H. H. Van Dyck, Superintendent, 
 September 28, 1857. 
 
 Children attending an academy or boarding-school are to be enumerated by 
 the trustees for the purpose of drawing public money only where their parents 
 are actually residents of the district in whicli such academy or boarding-school 
 is situated. Per V. M. Rice, Superintendent of Public Instruction, April 13, 
 1854. {Letters, vol. 1, p. 12.) 
 
 Where a child goes into a district to get employment, and not for tne purpose expressly of 
 attending the school, he is a resident of such "district, and entitled to a portion of the pub- 
 lic money apportioned to district, as also to share in the privileges of the school. 
 
 What constitutes a child a resident of a district depends upon circumstances. 
 If the child removes to a district for the sole purpose of attending school 
 in such district, the parents or guardian meanwhile residing elsewhere, such 
 child does not become a resident of tlie district, so as to be entitled to share 
 in the distribution of the public money. But where the child goes into a 
 district for the purpose of obtaining employment, and of remaining in such 
 district, the employment, and not the scliooj, dra\\ang him to such district, in 
 such case, he would be entitled to the privilege of the school, and to share in 
 the public money apportioned to the district. Per S. D. Barr, Deputy Super- 
 intendent, December 14, 1865. {Letters, vol. 4, p. 675.) 
 
 Question of residence sufflcient to entitle a pupil to the privileges of the school considered. 
 
 This is an appeal from the action of the trustees in excluding from the school 
 one Mercy 0. Sweet, u])on the ground that she is a non-resident. 
 
 45
 
 354 Residence — Non-resident Pupils. 
 
 The evidence establishes, I tliinlv, tliat the relations subsisting between the 
 said Mercy C. Sweet and the appellant are such as to make the home of the 
 appellant the residence of the said Mercy C, whereby she is entitled to the priv- 
 ileges of the district school. The primary object of the pupil in coming into 
 the district appears to be to find a home in the family of the appellant, and to 
 render service in labor as the consideration for such home. 
 
 It is always safer to err upon the side of liberality than of exclusion in these 
 matters Avhere any doubt is found to exist ; but, in the present case, the testi- 
 mony appears to admit of no doubt. 
 
 The trustees are, therefore, directed to admit the said Mercy C. Sweet to the 
 4)rii.ileges of the school. Per E W. Keves, Acting Superintendent, December 
 23, 1861. 
 
 The question of residence to entitle a pnpil to tlie privileges of school to be liberally 
 construed in favor of the pupil. 
 
 It is proper that the trustees should use all due precaution to prevent an 
 abuse of the privileges of the district, and that the pretext of service or 
 employment should not be used to cover a primary and special purpose of 
 attending school. On the other hand, a liberal construction of the law and 
 application of the powers of trustees may be rightfully extended toward 
 those inhabitants of a free school district who pay their i)roportion of taxes 
 for the support of school, but who, having no children to receive its advantages, 
 desire to introduce members into their family for society or service, or both, 
 and to extend to them the advantages of education which their own children 
 might enjoy. Per E. W. Keyes, Deputy Superintendent, April 28, 1863. 
 
 Facts which prove residence in opposition to the affidavit of the party. 
 
 Appeal is taken from a decision of the supervisors of the towns of Castleton 
 and Southfield, Richmond county, on an application made to them to fill a 
 vacancy, claimed to exist in the office of trustee in district No. 1, in said towns, 
 the supervisors having decided that no vacancy exists. 
 
 The only question is one of residence, and relates to the change of residence 
 of Jas. O. Ludlow, Avho, it is claimed, has removed from the district, thereby- 
 vacating the office of trustee, to which he was elected in 1856. In support of 
 this claim, it is shown that })reviously to last spring Mr. Ludlow resided in 
 said district with his family, and did business therein ; that some time in the 
 spring he sold out his store in said district, and has since that time done no 
 business in the district in his own name. Further, in May last, the said Lud- 
 low leased a house in the city of New York, for three years, and removed his 
 family there ; that his family still reside there ; that his name appears upon 
 the door of said house where his family reside ; that his name also appears in 
 the Directory of said city as residing therein, aud at the street and number 
 where his family reside and his nana; is found, and of which premises he is 
 known to have taken a lease. Also, that he himself resides at said place with 
 his family. • 
 
 Opposed to this evidence is the affidaAit of Mr. Ludlow himself, averring that 
 he has been for the last sixteen years a resident of said district No. 1, and 
 that he has not removed from said district. 
 
 To ray mind, no clearer case of remcjval could be made out. His affidavit to 
 the contrary, establishes notliing more than tliat lu; desires to regard district 
 No. 1 as his residence. Bvit that does not make it such. I can come to no 
 other conclusion than that Mr. Ludlow is no longer a resident of district No. 
 1, and that, in consequence of his removal from said district, there exists a 
 vacancy in the otlice of trusteci, wliich the district or the supervisors are compe- 
 tent t^ fill. Per H. II. Van Dyck, Superintendent, Oct(jber 12, 1858. 
 
 Adults may be admitted to school on the same terms as non-rcsidcnts. 
 Adults are not by law entitled to the privileges of common schools, but 
 this depai-tment would not discourage trustees from admitting them upon the
 
 Schools and Sciiool-Housks. 355 
 
 same terms as non-residents. But, when such pupils commence attending 
 school, there should be a distinct understandincr between them and the trus- 
 tees as to the price they must pay for their tuition ; and in no case can they 
 be admitted to a participation in the public money. Per V. M. Rice, Superin- 
 tendent, December 8, 1854. {Letters, vol. 1, p. 438.) 
 
 A meeting will not be ordered to enable the inhabitant? to take action upon tlie question 
 of admission to llie school of non-resident pupils. 
 
 This is an appeal from the refusal of trustees to call a special meeting at the 
 request of a respectable number of the inluibitants. 
 
 The object for whicii the said meeting was to be called was to consider the 
 propriety of admitting pupils to the school from out of the district. 
 
 This object is at no time witiiin the power or discretion of the inhabitants 
 to control ; consequently, there exists no neces.sity for suoh meeting, and the 
 triistees are justified in their refusal to call it. Per H. H. Van Dyck, Superin- 
 tendent, January o, 1859. 
 
 SCHOOLS AND SCHOOL-HOUSES. 
 
 Bchool may be opened with pra3-ers, provided that it be done before school hours, and that 
 there be no compulsion to enforce attendance. 
 
 In an appeal to the Superintendent, certain inhabitants of district Xo. 15, 
 Barre, complained that the teacher, with the permission of the trustees, "made 
 prayer part of school discipline." The trustees replied that they had permitted 
 the teaclier to have prayers, on condition that they should be had previous to 
 school hours, and they alleged that he did not occupy school hours. The 
 Superintendent dismissed the appeal, with the following remarks : 
 
 " In this conduct of the trustees, the Superintendent can perceive no cause of 
 complaint. Both parties have rights ; the one to bring up their children in the 
 practice of publicly thanking their Creator for his protection, and invoking His 
 blessing ; the other, of declining, in behalf of their children, the religious 
 services of any person in whose creed they may not concur, or for other reasons 
 satisfactory to themselves. These rights are reciprocal, and should be pro- 
 tected, equally ; and neither .should interfere with the other. Tho.'^e who desire 
 that their cliildren sliould engage in public prayer have no right to compel 
 other children to unite in the exercise, against the wishes of their parents. 
 Nor have those who object to the time, place or manner of praying, or to tlia 
 person who conducts the exercises, a right to deprive the other cIp.ss of 
 the opportunity of habituating their children to what they conceive an imperi- 
 OTIS duty. Neither the common school system, nor any other social system, 
 can be maintained, unless the conscientious views of all are equally respected. 
 The simi)le rule, so to exercise your own rigiits as not to infringe on those of 
 others, will preserve equal justice among all, promote harmony, and insure 
 success to our schools. In tho present case, the Su))erintendent thinks the 
 trustees had lawful right to permit tlie teacher to commence the business of 
 the day by public prayer, with the children of such parents as desired it ; and 
 they were al.so right in directing that such exercises should not take place 
 during school hours, nor form a part of school discipline." 
 
 Anothc.T branch of this first question is whether the teacher has a right to 
 compel the cluldreu to kneel, during prayer, or to dispense with their ordinary 
 business. 
 
 The answer already given proceeds upon the principle that prayer is no part 
 of the business of a common school, but that parents may place their children 
 imder the superintendence and government of a teacher for that purpose. Of
 
 356 Schools and School-Houses. 
 
 course liis jurisdiction would extend to that only. But otliers have no right to 
 disturb the performance of wliat is considered a sacred duty. As the one clas3 
 is reiiuired to abstain frona all attempts to compel the children of the other 
 class to engage in an exercise which the latter disapprove, so the latter should 
 abstain from interrupting such exercise, and should instruct their children, 
 accordingly, not to enter the school room, until the usual hour of commencing 
 school, and not to disturb those within by any noise, or other conduct calcu- 
 lated to annoy them. And the teacher should allow the children of all parents 
 who do not desire them to engage in prayer to withdraw from the room, or to 
 absent themselves from it. But if they come into the room before the usual 
 school hours, and choose to remain there during prayer, they must preserve 
 the order and decorum befitting such an occasion. Per Spencer, May 13, 1839. 
 
 Trn?tees have the power, when in their clisci*etion circumstances require it. to establish 
 temporary branch schools in a district, and employ a teacher, without any vote of the dis- 
 trict, and a due proportion of the public money should be applied to the payment of such 
 teacher. 
 
 It is, perhaps, to be regretted that the law has left so much to the discretion 
 of trustees, in reference to the institution of temporary branch schools. Such 
 schools frequently become necessary, owing to some extraordinary circum- 
 stances which for the time being exist in a district. Whenever such necessity 
 does arise, the trustees have an undoubted right to exercise the discretion 
 which the statute has vested in them, by employing a teacher, and opening a 
 temporary school for the accommodation of the children, without any vote of 
 the inhabitants. In this district the majority of the trustees have, on several 
 occasions, determined that sucli necessity did exist ; and the inhalntants, at 
 their annual meetings in ISoO and 1851, have ajiproved that determination by 
 directing the application of a part of the public money to the support of the 
 branch school. The institution of such a school in this district has also met 
 the approval of the town superintendent of Whitestown, as appears from a 
 letter addressed by him to the department, and a decided majority of the tax- 
 able inhabitants have expressed themselves satisfied with the proceedings of the 
 majority of the trustees, as appears by a petition accompanying the answer. 
 
 Under these circumstances, though it does not clearly appear that all the 
 proceedings of the district in relation to the institution of the branch school 
 nave been strictly in accordance with law, I am of opinion that harmony and 
 good order, which are so essential to the prosperity of a school, will be best 
 secured, and the interests of a majority of the inhabitants be best promoted, by 
 sanctioning the proceedings of the trustees in establishing the school in ques- 
 tion, and allowing a portion of the public money to be applied toward its 
 support. 
 
 The proceedings of the trustees are therefore aifirmed and the appeal 
 dismissed. Per H. S. Randall, June 16, 1853. 
 
 Trustees will bo directed to establish a branch school in a remote part of the district, where 
 there are pui)ils enough to supptn-t a respectable school, and where the school-house la 
 inaccessible some part of the year. 
 
 An appeal comes up on the refusal of the trustees to grant the petition of 
 the appellant and six others, inhabitants of the district, to establish a branch 
 school in a neigliborhood remote from the scliool-house. 
 
 It is shown that twenty-nine children are virtually deprived of attendance at 
 school, especially during the inclement season, by reason of their remoteness 
 from tiie school -house — and that a good comfortable room can be obtained in the 
 neighl)orlioi)d where it is desired to establish the school, at a veiy moderate cost. 
 
 Ikll, that the trustees in the inatter of estal)lishing a ])ranch scliool are not 
 compelkid to regard the wislics of the inhabitants, but are authorized to act 
 wholly upon their own sense of justice and right. The statute confers upon 
 them unlimited powers, and, though in tluMr discretion they may properly con- 
 sult the wishes of the majority, when emphatically expressed, their having 
 done so affords no precedent in itself for the guidance of this department in
 
 SCUOOLS AND SCIIOOI-IIOUSES. 357 
 
 n^vicwinj? the case and deciding upon its merits. Whenever, in any remote 
 h)cality of the district, a number of schohirs sufficient to make a respectal)!© 
 sciiool are deljarrcd, from the fact of such remoteness, from attendinjj school, 
 the establisliment of a branch will bo directed. Per II. H. Van Dyck, Supei"- 
 iutendent, August 13, 1857. 
 
 Action of trustee in establishing a branch school sustained. 
 
 On an appeal from the action of the sole trustee in establishing a branch 
 school, it is alleged that such action was not called for by the necessities of tho 
 district ; that the place selected is unsuitable, uncomfortable and inade(iuiit('ly 
 furnished ; and that the evils sought to be overcome by it are not remedied in 
 the conduct and management of the principal school. 
 
 It is shown by the trustee tluvt, before the establishment of the branch 
 school, the number of pupils in regular attendance was seventy; that tho 
 room was much crowded, and that no convenient seat for classes in recitation 
 could be had. 
 
 I am satisfied, from the evidence, that the act of the trustee, at the time, was 
 dictated not only b_y proper motives, but by circumstances which rendered tho 
 l)roceeding expedient and necessary. A school of seventy, or even sixty, pupils 
 of all grades, even where the room is commodious and ample for their accom- 
 modation, cannot be properly classified and thoroughly instructed by ono 
 teacher. A remedy is found in the provisions of the statute, which authorize 
 the establishment of a branch school when deemed necessary by the trustee. 
 
 Tlie appeal must be, and hereby is, dismissed. Per H. H. Van Dyck, Super- 
 intendent, March 3.5, 1859. 
 
 Discretion of a trustee in establishing branch school overruled. 
 
 On an appeal from tlie action of the sole trustee in sustaining two schools in 
 the district, as pul)lic schools, and alike entitled to share in tlie public money 
 appropriated to said district, the following facts aii])ear : That the district is 
 al)out three miles in extent from north to south, and that the school-house 
 is situated near the center. It further ajipears that most of the children reside 
 in the northern part of the district, while the population or voters of the dis- 
 trict, interested in keeping the school at the center, are in the majority. The 
 residents of the nortli part of the district, unable to secure a change of site, 
 have nuiintained, during some portion of the year, for some time past, a school 
 in their vicinity, and have received toward its support a portion of the pul)lic 
 money. At the last annual meeting, it was voted that the school be kept in 
 the '■ brick school-house," near the center of the district ; but the trustee also 
 employed a teacher to teach the school in tho north part of tlie district, and 
 from this proceeding the present appeal is brought. 
 
 The size of the district, the numljer of pupils, the condition of the district 
 school-house, are nowliere urged as conditions giving rise to this proceeding. 
 I cannot find, in the conditions presented, a necessity for the establislinu-nt of 
 two schools in that district. The trustee himself concedes that there is no 
 necessity for two schools in the district, ex('e])t that created by feeling in tho 
 north, of opposition to the central school. If this feeling is sulficiently strong 
 to cause them to sustain a private school, there is no lielp for it ; but there is 
 no sulficient reason, to my mind, for fostering and cherishing this spirit of 
 opposition, by helping to support the scliool by making it a jmblic charge. 
 
 It is my opinion, therefore, that tho trustee has acted without due discre- 
 tion, and his action in the matter is hereby disajjproved. Per II. II. Van Dyck, 
 Superintendent, March 31, 1859. 
 
 Trustees will be restrained from esfjiblishinc; a branch school when there is clearly no 
 
 necessity for one. 
 
 The conclusion arrived at from the facts in the case is that the branch 
 school is wholly unnecessary, and its establishment an exercise of arl/itrary 
 power and abuse of discretion sufficient to justify the interference of the
 
 358 Schools and School-Houses. 
 
 department in restraining the trustees. No one "vvill claim that the provisions 
 of tlie statute authorizing tlie establishment of branch schools -were designed 
 or do confer power to establish two schools in every district of the State. 
 
 In all cases of the establishment of branch schools the necessity must clearly 
 appear, or this department will, on an appeal to it, interfere to prevent the 
 consummation of a policy unwarrantable by the provisions of the statute, 
 which provides for the exercise of such power only when necessary to accom- 
 modate the children of the district. Per IL H. Van Dyck, Superintendent, 
 August 8, 18G0. 
 
 Trustees, uuder certain circumstances, will be sustained in having the school at other place 
 than the school-house. 
 
 On an appeal from the action of the trustees in having the school taught at 
 another place than the school-house, it is alleged that the school-house can 
 be made comfortable and convenient for school purposes for the sum of money 
 "which the trustees are authorized to raise for that purpose, and also that the 
 place selected by the trustee for the school is unsuited to that purpose, and is 
 inconvenient of access for a large number of pupils. 
 
 The trustees deny that the school -house can be made* comfortable for the 
 sum authorized to be raised ; that the place where the school is at present 
 taught is commodious and comfortable, and accessible to as large a number of 
 the children as is the school-house. 
 
 The evidence relative to the actual condition of the school-house is not very 
 conclusive on either side. The common presumption of law that the trustees 
 have acted within the scope of a just and legitimate discretion must therefore 
 prevail. If the inhabitants will not vote a sufficient sum to repair a school- 
 house that has been built for thirty years, they will hardly command the sym- 
 pathy of the department, even though, in consequence of such parsimony, they 
 are compelled to send two and a half miles to school. Per H. II. Van Dyck, 
 Superintendent, February 3, 1860. 
 
 A stove and pipe are necessary appendages to a school-house and proper objects for the 
 levying" of a district tax. 
 
 At a district school meeting, held in the town of Rodman, on the 20th day 
 of November last, a vote was taken and a resolution passed to levy a tax upon 
 a district to purchase a stove and pipe for the use of the school-house in the 
 district. 
 
 The ai)pellants claim that the district has no authority to levy a tax for such 
 a purpose. In the opinion of the Superintendent a stove and pipe are neces- 
 sary appendages to a school -house and legitimate objects for the levy of a dis- 
 trict tax. Tlie proceedings of the meeting in voting the tax aforesaid are 
 hereby affirmed. Per N. S. Benton, December 31, 1847. 
 
 A school-house belongs to the district, but trustees have the legal control of it. and must 
 not permit it to be used l(>r purposes which interfere with school. By general consent, 
 they may allow meetings of au unobjectionable character to be held in it. 
 
 The school-house belongs to the district, although the means for building it 
 have been raised in part by voluntary contribution. The trustees must have 
 the legal control of it, and not permit any i)ortion to be used for purposes 
 which interfere with the instruction and discijjline of the school, nor for any 
 other than school purposes when required for them. Subject to these restric- 
 tions, and to such regulations as may be necessary to keep the house in good 
 repair, safe from danger of fire, etc., the trustees, with the general concurrence, 
 may allow the room to be used for meetings unobjectionable to morals and 
 propriety. 
 
 As every meeting, to avoid disorder, must have the right to regulate the 
 admission of attendants, it would be going too far to say that no one can bo 
 excluded, though residing and a tax ))ayer in the district, under any circum- 
 stances. Per E. Pesluno Smith, April 13, 1855. {Ltilcrs, vol. 2, p. 341.)
 
 Schools and School-Housks. 359 
 
 Where a school-house is shown to be wholly unfit for school purposes, the trustees will be 
 sustained in directing the school to be taught in a-io;her place. 
 
 From the evidence before me, I am fully convinced that the school-house is 
 altogether unfit for school purposes at any time, and more especially during 
 the winter season. This being the case, I cannot disapprove of the action of 
 the trustees, even if unauthorized, in securing some more suitable place. 
 
 It will be understood that the right or power of the trustees to change the 
 location of the school is not a common inherent right, but one arising under 
 the conditions proved by the evidence presented in this case. Only upon a 
 clear showing of the unfitness of the school-house for use would the action of 
 the trustees be sustained. Per II. H. Van Dyck, Superintendent, March 31, 
 1858. 
 
 It is not a sufficient excuse for not opening a school that the school-house is unfit for use ; 
 trustees are bound to put the house in the best condition in their power and open a school 
 therein. 
 
 Trustees act under a misapprehension of their duty and the rights of the 
 inhabitants when they refuse to open a school upon the ground that the school- 
 house is unfit for use. If tlie inhabitants, or any ])ortion of them, want a 
 school, it is to be presumed that they are willing to send, and to avail them- 
 8(!lves of such facilities as the trustees arc competent to furnish. The trustees 
 ehould jirovide the best facilities in tlieir power, and when they have done this 
 their responsibilities are at an end. Per H. H. Van Dvck, Superintendent, 
 February 17, 1858. 
 
 Trustees have no right to sell the old school-house when a new one has been built, without 
 special authority from the district. 
 
 The power to direct a sale of the old house or site is vested only in the 
 inhabitants, lawfully assembled at a district meeting. No such autliority 
 was conferred upon the trustees. Per H. H. Van Dyck, Superintendent, Feb- 
 ruary 23, 1858. 
 
 A new buildnifT erected for a district must be accepted by the trustees before it can be 
 regarded as the legal scliool-house of a district. 
 
 When a district has two scliool-houscs. the trustees may call the annual meeting to assem- 
 ble at either of them, unless one of them has been designated at a previous annual meet- 
 ing as the place of assemblage. 
 
 Tlie troubles in this district commenced in May, 18G4, when the old school- 
 liouse burned down, and have continued without intermission down to the 
 present time. The record of the actions and proceedings of the contending 
 j)arties, the one headed V)y the appellant and the other by the respondent 
 herein, shows that neither party has acted in a temperate or forbearing man- 
 ner ; but, on the contrary, that each party has been ready to take undue 
 advantage of the other, and that the object for which the district was organ- 
 ized has been of minor importance in the eyes of the contending ]iarties. The 
 rccnrd is one of continued " sharp practice," tlie advantage being first with one 
 side, then with the otlier. This department has, on various occasions, sought 
 to act as mediator between the contending ])arties, and has suggested various 
 plans of settlement, with a view of restoring harmony to the district, all of 
 which have been rejected, each party insisting upon the full measure of their 
 legal rights and refusing to compromise for any thing less. Tlius, Hill, when 
 trustee of the di,strict and before the new scliool-house was built, refused to 
 call a special meeting for tlu; i)uri)()se of changing tlie site of the scliool-house, 
 although it was a well known fact that a majority of the voters were in favor 
 of such change, and desired a meeting to be held for tliat purpose. Again, 
 when a special meeting had lieen called by Hill for the purpose of voting a 
 tax to build on the old site, the meeting met at precisely the hour for which 
 it was called, all the Hill party being present by private understanding, and, 
 without waiting a mouifnt for the arrival of other voters, f)rganized the meet- 
 ing, voted a tax of $1,000 to build on the old site, and adjourned in less than 
 half an hour. Now, it had been the custom in that district, as it is in many
 
 360 Schools and School-Houses. 
 
 otliers, not to organize district meetings till tlie expiration of one tiour from 
 the time for which such meeting had been called. 
 
 Relying upon this custom, Mr. Collins and his party, composing, as aforesaid, 
 a majority of the legal voters of the district, and all of them opposed to build- 
 ing on the old site, did not arrive at the place of meeting till nearly an hour 
 after the time for which the meeting has been called. They then found, to 
 their great astonishment and indignation, that the meeting had transacted its 
 business and adjourned. In this way a tax was voted, and subsequently col- 
 lected, against the wishes of a majority of the legal voters of the district. The 
 practice was sharp, but it was perfectly legal, and as the Hill party insisted 
 upon receiving the full benefit of the advantage thus gained, the department 
 had no choice but to sustain them. In October, 1865, Collins was chosen 
 trustee of the district, and, not to be outdone in sharpness, the Collins party 
 passed resolutions directing the calling of special meetings by posting one 
 written notice in the post-office at Fishers' Station, instead of by personal 
 notice, thus prjictically putting the Hill party beyond the reach of notice of 
 such meetings. The trustee, also, exercising a discretion which the law had 
 reposed in him, refused to accept the new school-house, alleging that it was 
 not built according to contract, but liired other rooms in a rough building 
 near Fishers' Station, and opened and maintained school therein. This was 
 also "sharp practice"; but upon an appeal being brought from Collins' action 
 in refusing to open school in the new house, and in maintaining a school in 
 the building near Fishers', known as the " Shanty," and in applying the pub- 
 lic money to the support of said school, the department was obliged to hold 
 that the trustee was only exercising a power which the law had vested in him, 
 and that, until ho had accepted the school-house, or had been ordered to do so 
 by some competent authority, he had power to hire other rooms temporarily, and 
 to open and maintain school therein. This decision was rendered May 23, 1866, 
 and the facts in regard to acceptance have not since been changed nor altered. 
 The annual meeting of this district in 1865, at which George S. Collins was 
 elected trustee, was held in the " new school-house " then not completed by 
 the contractor, and was adjourned to be held at the " school-house " one year 
 from that time. Some time about the 1st of October, 1866, Collins caused four 
 notices to be posted in consjiicuous places in the district, stating that the 
 annual meeting would be held on the 9th of October, 1866, at six o'clock p. M., 
 railroad time, at the school-house where the school had been ke])t during the 
 jiast year. In accordance with this notice, thirty voters of the disti-ict met at 
 the time and place specified in said notice, organized and proceeded to elect 
 district officers, and to transact other business. George S. Collins was unani- 
 mously chosen trustee for the ensuing year. After completing its business, the 
 meeting adjourned. 
 
 Meanwhile, twenty-five of the legal voters of the district met at the " new 
 school-house " on tlie evening of the 9th of October, 1866, organized by the 
 election of chairman and clerk, and proceeded to elect district officers and to 
 vote district taxes, amounting in the aggregate to about $3,000. Jerome Hill, 
 the respondent herein, was unanimously designated by this meeting as the 
 trustee of the district for the ensuing year. Hill immediately issued a tax li.st 
 for the collection of the taxes voted by the meeting which elected him trustee, 
 and ])laced the same, with his warrant, in the hands of a person whom he had 
 appointed collector in tlie ]>laco of one elected by said meeting, but who had 
 resigned, and this person, Briggs by name, proceeded to enforce collection of 
 said tax list, in certain cases levying on and selling property to satisfy the 
 same.. To determine who is the legal trustee of the district, Collins has 
 brought this appeal, complaining of the actions of said Hill and Briggs, and 
 alleging that tliey are not legal officers of the district. He asks that the pro- 
 ceedings of the meeting hold at the " new school-house," as aforesaid, on the 
 9th of October, 1866, l)e set aside and declared void as a school meeting. 
 
 The nuiin question in this matter is, " Wliere is the district school-house?" 
 If that building herein designated as the " new school-house " be in reality the
 
 Schools and Scuooi-Houses. 361 
 
 school-house of the district, and tlio onlj' school-house of the district, then the 
 appellant had no power to direct that the annual meeting should be litdd in 
 another place. But if such buildins^ be not the district school-house, or if the 
 district possesses another building- which has been more irenerally used for 
 school purposes, then the meeting held in the aforesaid " new school-house " 
 was not the legal district meeting. 
 
 Now, a building erected for a district school-house in pursuance of contract 
 must be accepted by some competent authority, either openly or by implica^ 
 tion, before it in fact becomes the school-house of the di.strict. This point was 
 clearly established in the decision before referred to, rendered May 23, 1866. 
 If the trustee had taken posses.sion of the house, and opened and maintained 
 school therein, that would have amounti.'d to an acceptance. But the well 
 known facts in this case are that the trustee has all along refused to accept 
 this house from the contractor, or to open school therein, alleging that it has 
 not been completed according to contract. Whether his allegation be true or 
 imtrue can make no difference with the facts in this case, since his refusal to 
 accept the house is only the exercise of a discretion which the taw has reposed 
 in him as trustee. The resi:ondent cannot claim to be ignorant of this holding, 
 since the precise point was established in the decision of May 23, 1866, on an 
 appeal brought by himself against Collins as trustee. If. as is claimed by the 
 respondent, Collins has willfully and wrongfully refused to accept the house, 
 the remedy is plain ; the respondent can, either by a suit commenced in the 
 courts, or by an appeal brought to this department, compel the trustee to accept 
 the house. But he cannot set liimself up as the judge to decide the question 
 of acceptance. He cannot proceed upon the assumption that the official acts of 
 Mr. Collins are void. Again, admitting, for the sake of argument, that the 
 house which has never been accepted by the trustee is in fact a district school- 
 house, the trustee would still have power, under section oO, title 7, if ho 
 deemed it necessary for the due accommodation of the children of the district, 
 to hire rooms temporarily and to open and maintain school therein. The 
 rooms thus temporarily hired would be, for the time being, one of the school- 
 houses of the district, and the trustee would have full power, under section 9 
 of title 7 of the said school act, to designate such school-house as the place 
 where the annual meeting should be held. Take whichever of these two 
 views we may, it follows, as a logical deduction, that the meeting held in the 
 building which for the last year has been u.sed as the district school-house 
 was the legal annual meeting of the district ; and, as but one annual meeting 
 can be held in the same year, it also follows, tliat the proceedin.;s of the meet- 
 ing held October 9, 1866, in the building herein designated as the new school- 
 house, and at which Jerome Hill was elected trustee of said district, were 
 void, and of no force or effect whatever as an annual meeting. Another thing 
 is to be borne in mind : the meeting at which Collins was elected trustee was 
 held pursuant, not only to adjournment, but to the notice required by law. 
 Four written notices of the time and place when and where such meeting 
 would be held, signed by the district clerk, were posted in conspicuous places 
 in the district seven days before the time for holding such meeting. This 
 shows that tlie api)ellant designed to take no advantage of the respondent 
 or his party, and tiiat the meeting was not intended to be a surprise to any 
 voter. The mer-ting held in the " new school-house," on the contrary, con- 
 vened not only witlumt notice, but in opposition to regular official notification. 
 Now, although an annual meeting may be convened without notice and no 
 imputation of bad faith attach to it, an annual meeting convened not only 
 '■vithoiit notice but in oi)position to official notice can have but one pnrjjose — to 
 act as a surprise, and to try to effect by trick that which could not be effected 
 upon open trial. 
 
 The summary of the whole is this: The meeting at the temporary school- 
 house was held pursuant to official notice, in a building which had previously 
 been recognized by this department as a scliool-honso of tlie district, and was 
 attended by a majority of all the legal voters of the district. That meiiting 
 
 46
 
 362 Sites. 
 
 unanimously elected George S. Collins trustee of said district for the ensuing 
 year. It is, therefore, hereby decided that the proceedings of said meeting were 
 legal regular and binding, as the proceedings of the annual school meeting of 
 the district ; that George S. Collins is the legal and sole trustee of said district 
 for the year ending the second Tuesday of October, 18G7; that the persons 
 respectively chosen at said meeting to fill the offices of district clerk, district 
 collector and librarian were legally chosen, and are entitled to perform the 
 duties of said officers ; and that the collection of taxes for school purposes voted 
 at said meeting may be legally enforced. 
 
 It is also hereby decided that the proceedings of the meeting held in the 
 " new school-house," on the ninth day of October, 1866, at which Jerome Hill 
 was elected trustee, were void, and of no force or effect as an annual school 
 meeting. Per V. M. Rice, February 13, 1867. 
 
 Where there is no school-house in the district, and the trustees have hired a house for 
 school purposes, the district is bouud to pay the rent whether a school is taught or not. 
 
 Where a teacher is employed who has no license, the school thus taught becomes a private 
 school. 
 
 The district is not bound to pay for fuel used in such scliool. 
 
 On an appeal from certain acts of the trustees, it appears that the district is 
 destitute of a school-house, and that the trustees hired a house in which to 
 have the school taught, and also that they hired, and continued in their 
 employ as teacher of the district school, one who had no legal license or cer- 
 tificate of qualification from the proper officer. 
 
 The fact that the teacher engaged had no legal license renders the school, 
 during the period which he taught, a private {jcliool. 
 
 The trustees have made out a tax list for the rent of the house, and for fuel 
 purchased for iise of the school. There appears to me to be a distinction 
 between the two objects for which this tax is levied. The contract to pay rent 
 for the house was valid and binding upon the district in any event, whether 
 the house should be occupied or left vacant. 
 
 The expenses of the scliool, however, are different things ; in purchasing 
 fuel for a school in which they had employed an iinqualified teacher, they were 
 not acting for tlie district, but upon their own individual responsibility. They 
 were acting only as self-constituted agents of a voluntary association of 
 individuals engaged in sustaining a private school. I shall not sanction the 
 enforcement of taxes for the support of private schools — that is, of schools 
 taught by a teacher %vithout the legal qualifications. The negligence of 
 teachers to provide themselves iii season with proper certificates, and the indif- 
 ference of trustees to this neglect, are abuses which it is important to check. 
 Per E. W. Keyes, Deputy Superintendent, May 19, 1859. 
 
 SITES. 
 
 A school district cannot delegate the power to select a school-house site. A designation 
 sliould be specific as to location and size. 
 
 The inhabitants of district No. 15, in the town of Smyrna, at their first 
 meeting, resolved that the trustees purchase a site for the school-house, on the 
 corner of Benjamin IlartwcU's laud, or on Seth Shepard's land where the 
 cooper's shop now stands. 
 
 Tlic trustees selected the corner of Benjamin Hartwell's land, paid forty dol- 
 lars for the site, and contracted for tlie erection of a house. 
 
 Tliey then called a special meeting, for the purpose of ratifying what they 
 had done and raising money to finish the house.
 
 Sites. 363 
 
 The meeting, by a vote of twenty-six to twelve, refas(;cl to ratify their selec- 
 tion, and passed a resolution that the site should bo " at a certain beech tree in 
 widow Bnnvn's hollow." 
 
 The Supreme Court, in the case of Benjamin v. Hall, 17 Wendell, 437, decided 
 that the district could not delegate the power to designate a school-iionse sito 
 to tlie trustees. It cannot make any diiference wlujther a general autliority to 
 select is given, or whether the authority is to choose between two ))oints. 
 
 The designation matle by the special meeting is too indefinite. V''erbal 
 explanations, not a part of the record, though given at the meeting, cannot be 
 permitted to locate the spot. The vote was utterly void for uncertainty. Per 
 Spencer, August 2G, 1839. 
 
 The mere act of votinc; to select a particular piece of land upon which to erect a school- 
 house does not estabiish the site. It muBt be followed by an actual leasing or purchase. 
 
 The appellants in this case allege that, on the 31st day of May, 1851, at a 
 sjiecial meeting regularly called, a resolution was passed authorizing the selec- 
 tion of a site for building a school-house on the land of Mr. Fenner, and the 
 collection of a tax to pay for the same. 
 
 The trustees assessed the tax, and about $4.'5 of it was collected, but they 
 neglected to purchase the site. On the 12th day of March, 1853, at a regularly 
 called meeting, a resohition was passed authorizing the selection of a site on 
 the land of J. H. Dwick, and a tax of $350 for building a school-house. The 
 trustees then took the money which had been collected for tlie purchase of the 
 site first selected, and with it purchased the Dwick site. It is claimed by the 
 appellants that it was illegal to change the site alter the money had been col- 
 lected to pay for the same ; that no change could be made without the consent 
 of the town superintendent, and that it was illegal to use for the Dwick site 
 the money that had been raised for purchasing the " Fenner " site. 
 
 In reply to these allegations, the trustees state that, after the meeting of 
 May 31, 1851, and on the 15th of November of that year, at a special meeting 
 legally held, a resolution was jiassed rescinding the rcjsolution of the former 
 meeting authorizing the selection of a site upon the land of Mr. Fenner. At 
 a subsequent special meeting, a resolution was passed authorizing the selection 
 of a site upon the land of Mr. Dwick. No action was taken at that meeting 
 in reference to the disposition to be made of the money which had been raised 
 for the purchase of a site ; but, at the annual meeting held since this appeal 
 was brought, the trustees were directed to use the money in the purchase of 
 the "Dwick site." 
 
 The case referred to by the appellants, in Barhour''s Svpre^ne Court licports 
 {vul. 4, J). 25), in support of their first objection, does not sustain the point 
 they raise. The court merely decides that a district cannot legally rescind a 
 resolution imposing a tax, after the tax list has been made out and the tax 
 partly collected. That decision is in accordance with repeated decisions of this 
 department, in which it has been held that a district could not legally rescind 
 a resolution conferring any authority upon the trustees, after tuey have entered 
 upon the performance of the duty imposed by the resolution. But these deci- 
 sions do not touch this case. The resolution autliorizing the collection of the 
 tax was distinct and separate from that authorizing the selection of the site, 
 and the repeal of the latter in no respect atlected the right of the trustees to 
 collect the tax. Besides, it is conceded, and in fact is made the subject of com- 
 ])laiut, by the appellants, that the trustees hael not taken any steps toward 
 l)urchasing the site named in the resolution whic-h was rescinded. If they had 
 not, tlie district clearly possessed the power of rescinding the resolution in the 
 manner they did, unless tlu'ir action had so established the site that it could 
 not be changed without the consent of the town superintendent. The mere 
 act of voting to select a particular piece of land upon which to erect a school- 
 liousc does not establish the site. Something more is necessary to accomplish 
 that. The vote must be followed up by an actual leasing or purchase. In 
 this case there is no pretense that a title to the site could not be procured.
 
 364 Sites. 
 
 But it is alleged that the trustees neglected to procure it, although they might 
 have done so, and the district afterward took from them the authority to make 
 the purchase. This, I think, they had a right to do without the consent of 
 the town superintendent, if they deemed it proper. I can therefore perceive 
 no illegality in the proceedings of the meeting, in selecting a site upon the 
 land of Mr. Dwick. 
 
 The appeal is therefore dismissed. Per H. S. Randall, November 29, 1853. 
 
 In designating' a site for a school-house, the description should be "by metes and bonnds, 
 and the quantity of land should be stated, that every inhabitant of the disti-ict may be 
 able to vote intelligently. 
 
 At a special meeting held in district No. 6, Lansing, March 1, 1840, resolu- 
 tions were jiassed to change the site of the school-house " to the first corner 
 north of the road, on a piece of land owned by Mary Dickerson ;" to raise a 
 tax to purchase the new site, and also a tax of $300 to build a school-house, etc. 
 
 The notices for this meeting having been deficient and impi-operly given, 
 another special meeting was called, to be held March 15, 1849. At this last 
 meeting, a resolution was passed confirming the proceedings of the meeting of 
 the 1st of March. 
 
 The principal point in the case is that the site was not sufBciently designated. 
 
 The resolution to move the site " to the first corner north of the road " is 
 too vague and indefinite, and cannot be regarded in law. It does not state 
 whether the trustees are authorized to purchase one-half acre or five acres on 
 the corner, nor is the description of the land given sufficient to give an idea of 
 its location. 
 
 In designating a site for a school-house, the description should bo by metes 
 and bounds, and the (quantity of land should be given, that every inhabitant 
 of the district may be able to vote intelligently. Per Morgan, April 18, 1849. 
 
 A district may purchase a site by a majority vote. It is different from changing a sitft. 
 
 This is a case in relation to the proceedings of a school district meeting in 
 the town of Royalton. The district, it seems, has never been the legal owner 
 of a site ; it undoubtedly has a right to procure one by a majority of the votes 
 at a district meeting, and without the formalities required in case of a change 
 of site. 
 
 I see no objection to the mode adopted by the district in the purchase of the 
 land. A deed should, however, be obtained by the district, pre\'ious to the 
 expenditure of any money on the house, so that the title may be secure. Per 
 Dix, November 5, 1838. 
 
 The occupancy of a school-liousc sufficient notice to purcnaser of land. 
 
 Twenty years previous to the date of appeal, district No. 6, Linclvlaen, had 
 taken a lease of a site for the school-house, for as long a period as tlie same 
 should be occupied for a district school. James S. Graves jjurchased the land 
 and appurtenances, without any reservation, and forbade the trustees from 
 entering upon it, or from occupying tlie school-house. 
 
 Mr. (iraves purcluised the land subject to the lease, and the fact that the land 
 was occupied bj' the district for a school-house and site was sufficient notice to 
 him. The district has a rightful claim to the possession of the land under the 
 lease, and should take legal measures to assert their right. The occupancy is 
 sufficient notice to the inu-clias(>r of the title of the district, and he is bound to 
 ascertain it at his peril, notwitlistanrling the omission to put the lease upon 
 record. Per Spencer, January 23, 1840. 
 
 When the trustees have contracted to locate the school-house on any particular place upon 
 the site, in the absence of any instructions from the district, this department will not 
 interfere. 
 
 The trustees located a school-house a few fi^et less than four rods from the 
 south line of their lot, which is bounded on the liighway. The appellants and
 
 Sites. 365 
 
 a majority of the district desired to leave full four rods in front. The trustees, 
 however, in the absence of any explicit instructions or direction from the fUs- 
 trict, aofreed upon th(! present location, and entered into a contract with a 
 ludlder who had commenced his work prior to any instructions from the dis- 
 trict. The trustees having- jroue on. for auo-]it that ajjp^^-ars tt) the contrary, in 
 good faith in the location of the house prior to any expression of the wishes of 
 the district, and havinf^ entered into contracts and incurred liabilities in the 
 prosecution of the work, it is deemed unwise and inexpedient to subject the 
 district to the expense which must be incuiTcd by a chano-e in the location. 
 
 The appeal ia dismissed. Per A. G. Johnson, Deputy Superintendent, 
 August 80, 1849. 
 
 It is not necessary that a majority of all the taxable inhabitants should be obtained, in 
 addition to the consent of the town superintendent (s^upcrvisor) in order to change the 
 Bite, but only a majority of those present and voting at a meeting duly notified. 
 
 This is an appeal from the proceedings of a special meeting held in said dis- 
 trict on the 18tli day of October, 1851. 
 
 At this meeting, it apiwurs that resolutions were passed changing the site 
 of the school-house, and authorizing the collection of $10 by tax, for purchas- 
 ing a new site, and $175 for building a new school-house thereon. The appel- 
 lant alleges that these resolutions were not passed in the manner required by 
 law, and that the town superintendent never legally gave his consent to the 
 pro])osed change of site. 
 
 The appeal papers concede that the resolution to change the site was passed 
 by a vote of a majority of all the taxable inhabitants of the district who were 
 present and voted at the meeting. Therefore, if the consent of the town 
 superintendent was given in accordance with law, the resolution to change 
 the site was passed by the required legal majority of the inhabitants. For it 
 is not necessary that, in addition to the consent of the town sujjerintendent, a 
 majority of all the taxable inhabitants residing in the district should be 
 obtained, in order to cliange tlie site, but only a majority of those present and 
 voting at a meeting duly notified. 
 
 It a[)pcars by the answer that the town superintendent did give his consent 
 in writing, to tlie proposed change, on condition that the requisite majority of 
 the inhabitants of the district should be in favor of the change. This consent 
 became absolute the moment the condition was complied with. The requisite 
 consent was obtained upon the passage of the resolutions. 
 
 Appiial dismissed. Per H. S. Randall, March 25, 1852. 
 
 A. majority of voters at a school district meeting may empower the trustees to purchase 
 additional territory adjoining the school-house site, for the purpose of enlarging their 
 grounds for school purposes. It is not a case of removal of site. 
 
 The only question involved in this appeal is whether the purchase of an 
 additional quantity of land adjoining that on which the former school-houso 
 of the district had been erected, and which was burned down, rendering it 
 necessary for the district to build a new one, and the rebuilding of the district 
 schnol-iiouse wholly or in part upon tlie new grouml tluis jjurchased, is such an 
 act as retiuires the assent of two-tliirds of the voters i)resent at a district meet 
 ing called specially for the purpose under the provisions of section 1. No. 85 
 (section 20, title 7), of the Laws relating to ccmimon schools. I do not doubt 
 the legal right of a majority of the voters, in any district meeting duly con- 
 vened, to lay a tax upon their district to purchase ground additional to and 
 adjoining a site already owned by the district, if sucli ground be suitable for 
 the purpose of the existing site, and the school — sucli as i)lay-ground for the 
 children, wood-house or other appendages. Nor could the certiticate of the 
 town superintendent be necessary to rendm* such an act legal any more than 
 for building a wood-house, or repairing the school-house. The district, as I 
 \inderstand the case, owned no more ground tlian was covered by the build- 
 ings. Now, what were the acts which the law intended to prohibit the mere
 
 336 Sites. 
 
 majority from doing after a site, had been purchased and a school-house built 
 or purchased for the district while the same remained unaltered ? 
 
 Certainly not to prevent the purchase of more ground immediately adjoin- 
 ing, if necessary, nor the erection of additional buildings thereon, if the 
 exigencies of the district required it for the accommodation of the school, or 
 even the erection of a new house should it be necessary. 
 
 These are acts which, in my judgment, it is perfectly competent for the 
 majority of the inhabitants of the district to perform, when assembled in a 
 school district meeting. I cannot hold this to be such a change of site as 
 comes within the provisions of the section above mentioned. Per N. S. 
 Benton, July 10, 1846. 
 
 In levying a tax for the purchase of a school-house site, the district is not litaited as to the 
 
 amount to be raised. 
 The certificate of the town superintendent (supervisor) is not necessary, and the district 
 
 may, by a majority vote, raise such an amount as shall be necessary for the purpose. 
 
 At a special meeting of the inhabitants of district Xo. 5, Troy, held July 20, 
 1848, a site for a school-house was designated, and a tax of $475 was voted to 
 pay for the same. The site thus designated was for the second school-house in 
 the district. 
 
 The appellant desires that the proceedings be set aside for the following 
 reasons : 
 
 1. Because the commissioners did not certify that a larger sum than 
 was necessary to pu^rchase the site ; 
 
 2. On the ground of expediency. 
 By subdivision 8, section 62, School Laws, provision is made for designating 
 
 sites for two or more school-houses in a district. 
 
 With the consent of the town superintendent, or the commissioners, as in 
 tliis case, tlie inhabitants of a district, when legally asseml)Ied, may, by a 
 majority of votes of the legal voters present, designate a site for the second 
 Bchool-house in their district, and may lay a tax ujjou the taxable ^iroperty of 
 the district to purchase such site. TIk; limitation to $400 ($1,000) does not 
 apply to such cases. The section which recpiires the consent of the ijvn\ 
 Buperintcndent to raise a larger sum only applies " to building, hiring or pur- 
 chasing a school-house." (See section 70 (section 18, title 7), School Laws.) 
 
 The proceedings of the meeting of July 20 were legal. 
 
 As to the question of expediency, this department does not feel at liberty to 
 interfere without proof of palpable wrong or abuse of power, which does not 
 appear in this case. 
 
 This decision is not intended to favor the abandonment of the old site. 
 
 The appeal is dismissed. Per Morgan, September 26, 1848. 
 
 When a district has been altered, the site of the school-house may be chanj^cd by a vote of 
 
 the majority of tlioso present at the meeting. 
 Due notice of a meeting will be presumed, unless the contrary be shown. 
 
 A special meeting of joint district No. 0, of Manheim, Herkimer county, and 
 Oppenlicim, Fulton county, was held December 19, 1854, and a vote was passed 
 to change the site of the school-house. Th<^ meeting then adjourned to receive 
 propositions. On tlie twenty-tliird day of June, 1855, a new site was desig- 
 nated, and at a subsequent adjourned meeting an adjournment to the second 
 Tuesday of October, 1856, was carried. 
 
 The trustees, however, called a special meeting for December 4, 1855, at 
 which a tax of $450 was raised for purchasing the new site, $1,000 for building 
 a new school-house, and $200 for wood-house and privies. Tlie certificate of 
 the town superintendent, that $1,200 was necessary for the house and out- 
 houses, luid b(;en given. 
 
 Tlie appi'Uant raised the following points: 
 
 1. That tlie school-house site was illegally changed, no consent of the town 
 superintendent having been obtained.
 
 Sites. 367 
 
 It mijjlit suffice to say that no sucli point was made in the appeal ; hut it ia 
 conclusively met by the reply of the trustees, which sliows that the district 
 has underfjone repeated alterations since the erection of the school-house. No 
 consent of the superintendent was necessary to authorize the fixing of a new 
 site by a majority of the votes of those present and voting. 
 
 2. The appellant objects that it does not aj)pear by tlae return of the district 
 clerk, or otherwise, that the legal voters of tlie district, or any of them, wero 
 duly notified of sucli meeting. The burden of proof on this point rests on the 
 appellant. The presumption always is that public officers have done their 
 duty. This presumption is supported in this case by the express statement 
 that one voter received no notice, for it implies that no other failure to give 
 notice could be alleged. Those who attended certainly had notice, and the 
 omission in a solitary instance is not averred to have been willful or fraudulent. 
 
 The proceedings were legal and regular. Per V. M. Rice, February G, 1856. 
 
 A two-storj- school-honse may be built upon land leased, with the agreement that the rent, 
 or consideration of the grant, shall be the use by the lessor of the upper story out of 
 school hours. 
 
 The consistory of the Reformed Dutch Church, in tlie town of Greenbush, 
 granted to district No. 3, of said town, a lot of land for a school-house site, so 
 long as the same should be used for that purpose, reserving an annual rent. 
 Subsequent to the execution of the lease, an agreement was entered into 
 between the trustees and the consistory, that the school-house should be built 
 with two stories, and that when the upper story was not wanted for school 
 purposes the consistory might use it, and such use, while permitted, should 
 be in full payment for the rent. With full knowledge of this agreement, the 
 district, thirty-three to seven, voted to raise a tax of §400, to procure the site 
 and erect a school-house. Ildd, that the use of the upper story by the con 
 sistory was a fair equivalent for the rent, and that the agreement was not 
 improper or illegal. Per Spencer, April 23, 1839. 
 
 A school district has no authority by law, and this department will not permit the inhabit- 
 ants, to take a perpetual lease lor the site of a school-house. The district should have the 
 fee simple before building. 
 
 The trustees of district Xo. 5, in the city of Troy, called a special meeting of 
 the district to be held on the 29th of February, 1848. This meeting was organ- 
 ized and adjourned to the 27th of March following. 
 
 At the adjourned meeting, a resolution, which had been introduced at the 
 previous meeting and laid on tlie table for future action, was called up. The 
 resolution was amended, and, as amended, adopted unanimously. The resolu- 
 tion adopted read as follows : 
 
 " Resolved, That the trustees of school district No. 5, of the city of Troy, be 
 directed, by and with the consent of the school commissioners of the city of 
 Troy, to lease, from Messrs. Marshall, Belding & Christie, lots Nos. 14, 15 and 
 16, on the north side of Christie street, in the fifth ward of the city of Troy, at 
 a yearly rent not exceeding the sum of thirty-four dollars per annum, with the 
 privilege of buying off .said rent at seven per cent within ten years from date." 
 
 The contemplated lease was for the site of a school-house. 
 
 The only question necessary to be considered is this : Can a school district 
 lcase.or purchase a site for a school-house in the manner contemplated in the 
 resolution before mentioned? 
 
 By the fourth and fiftli clauses of section G2, chapter 480, Laws of 1847, the 
 inhabitants of a district have power to designate a site for a district school- 
 house, and to lay such tax on the taxable property of the district as tlie meet- 
 ing shall deem suUicient to purchase or lease a suitable site for a school-liouse, 
 and to build, hire or purchase such school-house, and to keep in repair and 
 furnish the same with the necessary fuel and appendages, and section 83 
 authorizes the trustees to carrv such vote into cfiTect.
 
 868 Sites. 
 
 Tlie word " lease " used here must be interpreted to mean a lease for a limited 
 term, one, two or three years, of a lot of land and building to be used by the 
 district till such time as a smtable site can be procured in fee, or the convey- 
 ance of a lot of land to the district, to be the property of the district so long as 
 it shall be occupied for a school-house site. 
 
 Under the new Constitution, no agricultural land can be leased for a longer 
 period than twelve years ; and, altho\igh individuals in cities may still lease 
 building lots for longer terms, or in perpetuity, it is certainly desirable that 
 land to be used as the site of a school-house should be free from any and every 
 incumbrance. 
 
 The statute confers no authority upon a school district to purchase land and 
 give a mortgage or any other security for the consideration money. In the 
 section authorizing the inhabitants to lease, authority is given to raise a tax 
 for that purpose. It cannot be, therefore, that the aiithority to lease gives the 
 inhabitants the privilege of voting that such a contract shall be entered into 
 as will entail a perpetual debt upon the district and put the people to the 
 necessity of raising a tax to pay the rent every year throughout all coming 
 time. It has heretofore been held that the district could not purchase a site 
 and give a mortgage for the purchase-money, one-half to be paid in five years 
 and the balance in ten years. This department has, also, repeatedly held that 
 districts could not be peiTuitted to buy a site and erect a school-house upon 
 land incumbered by mortgage. 
 
 No good reason can be given against permitting the district to give a mort- 
 gage for the purchase-money of a site whicli will not bear with equal force 
 against pennitting them to enter into a contract by which the site of the 
 Bchool-house may be subjected to a perpetual incumbrance. If a mortgage is 
 given, the interest must be paid annually, and the principal witliin some 
 specified time. If a perpetual lease is given, the interest of tlie stipulated 
 value of the land must be paid annually, but the principal cannot be paid at 
 all except at the option of the lessor. The fact that the principal cannot be 
 demanded is not a sufficient reply to the objection, for the real difficulty is that 
 the lien and incumbrance can only be removed with the consent of persons 
 claiming the lien. 
 
 What is this contract as contemplated in the resolution? It is just this: 
 The lots are assumed to be worth about $4S7. The present owners say that 
 the district may have an unconditional title in fee conveyed to them at any 
 time in ten years, on the payment of tliat sum and the interest annually at 
 seven per cent. But if the $487 is not paid M'ithin ten years, then the owners 
 may demand $500 or $1,000, or just such sum as they may think proper. 
 
 A mortgage may be foreclosed, if interest and principal, or either, are not 
 punctually paid, and the premises sold, but in that Ciise the proceeds, after pay- 
 ing the debt and costs, are refunded to the mortgagor. 
 
 If rent is not punctually paid, the landlord may re-enter and take possession 
 of the premises leased, together with all the improvements, and may have 
 judgment for costs. 
 
 If, therefore, any incumbrance upon a school-house site is allowable, a mort- 
 gage would be preferable to a perpetual lease. 
 
 The appeal is therefore sustained, and the resolution adopted by the meeting 
 of the twenty-seventli Marcli aforesaid is set aside and declared null and void. 
 If the district need a new scliool-house, the site for it must be purchased, and 
 a tax levied to pay for it. Per Morgan, July 6, 1848. 
 
 Site of a school-house in union free school district established and chan<;cd hy vote of 
 inhabitants in same manner as in districts subject to general school law. 
 
 The site of a school-house in a union free school district is established and 
 changed by the vote of the inhabitants in the same manner as in those districts 
 subject to the general school law. The board of education, like the ordinary 
 trustees, are in this respect mere executors of the popular will. If it is not 
 absolutely necessary, it is at least the only safe mode, to procure the ratification
 
 Sites. 36d 
 
 by a district meeting, of a selection made by the board under a vote requesting 
 them to purchase. Per E. Peshine Smith, Deputy Superintendent, May 8, 
 1855. {Letters, vol. 2, p. 395.) 
 
 Districts that have been altered in their boundaries since the establishment of a site and 
 buildinjr of a house are not restricted in their power to change such site at any legal dis- 
 trict meeting. 
 
 It is not difficult to ascertain the meaning of the statute in regard to the 
 change of site of school-houses. It imposes a limitation upon the gerieral power 
 of school districts in regard to changing the site of the school-house. The 
 general limitation is expressed in the following words : " As long as the dis- 
 trict shall remain unaltered." Districts not embraced in tliis general limita- 
 tion are not referred to in the subsequent limitation. In short, the power of 
 the inhabitants of districts that have been altered is left wholly unimjiaired, as 
 this section of the statute says nothing concerning them, and hence applies to 
 them no limitations whatever. Per V. M. Kice, Superintendent, February 
 20, 18G4. 
 
 Where the consent of the supervisor to a change of site is obtained by misrepresentation, 
 the proceedings will be set aside. 
 
 A special meeting voted to change the site of the school-house to the farm 
 of Jesse Carpenter, the consent of the super\'isor of the town having been 
 first obtained. 
 
 The appellant objects to the proposed change, the said new site being in a 
 remote corner of the district, distant four miles from the residences of those 
 li\ing on the opposite side of the district. He claims that the proceedings of 
 said meeting in the matter of changing the site as aforesaid were illegal and 
 void, and asks to have them so declared and set aside for the following reasons : 
 
 1. Because no legal notice of said special meeting was seiA'cd upon the 
 inhabitants of the district ; 
 
 2. Because the consent of the supervisor to the aforesaid change of site was 
 obtained through fraud and misrepresentation ; 
 
 3. Because the minutes of the said meeting were not properly kept, and do 
 not show on their face the precise location of the proposed new site. Either 
 one of the two first olijections itrged by the appellant, will be, if proven, suffi- 
 cient cause for pronoimcing the proceedings of said meeting void, and of no 
 efl"ect whatever. 
 
 Passing over the objection first taken, it is established, beyond doubt, 
 by the affidavit of William E. Teal, supervisor of said town, that he was 
 induced to give his consent to the proposed change of site — the exact location 
 of said new site not having been agreed upon when his said consent was 
 given — upon the express imderstanding that the new site should be centrally 
 and conveniently located, so as to accommodate all of the inhabitants of the 
 district. The committee who applied to the supervisor for his consent to said 
 change of site mentioned two central localities where they hoped to be able to 
 obtain the said site, and by these representations, and by disclaiming any 
 intention of locating the site in a remote corner of the district, induced said 
 supervisor to give his consent as aforesaid; The said sui)ervisor swears that 
 under no circumstances would he have given his c/msent to the location of the 
 new site in so remote a corner of the district as that selected by said special 
 meeting, and further, that, as soon as ho was informed of the action of the 
 meeting, lie immediately addressed a note to the committee whicli had waited 
 upon him, revoking the consent which he had given. Consent thus obtained 
 is no consent at all. Fraudulent representations vitiate any contract or agree- 
 ment, and in this case it is clear tliat it was only tlirougli misrepresentation 
 that the consent of the supervisor to said change of site wayobtained. 
 
 The excuse offered by the committee which located the aforesaid new site, 
 that no central location could be provided, is disproved by the affidavits of 
 Ferris and others. It should also be remembered, that the district could pro- 
 
 47
 
 370 Sites. 
 
 cure a central site even without the consent of the owner of the land, bj com- 
 plying witli the provisions of chapter 800 of tlie Laws of 18G6. 
 
 For the reasons above set fjrth tlie appeal is sustained, the consent of the 
 suj^ervisor to the aforesaid change of site is declared void, as having been 
 obtained through misrepresentation ; and the subsequent proceedings of the 
 special meeting had in said district as aforesaid, so far as they relate to a 
 change of site of the school-house of said district, are, also, hereby pronounced 
 illegal, void and of no force and effect whatever ; such proceedings having 
 been founded upon the fraudulently obtained consent of the supervisor, with- 
 out which consent they would have been void in themselves. Per V. M. Rice, 
 July 13, 1860. 
 
 The department will not interfere with the action of a district in purchasing a site, except 
 where the title to said site is clearly and conclusively shown to be defective. 
 
 In considering a question of title, it must be borne in mind that it is not in 
 the province of this department to pass upon that question so as to affect at all 
 the interests of those claiming ownershij) in the soil. This department can 
 only determine, from the evidence presented, whether the presumption of 
 invalidity is so strong as to justify its interference in arresting the action of the 
 tlistrict. If the title is so clearly defective that its acceptance will involve pro- 
 tracted and hopeless litigation, peril the peace and prosperity of the district, 
 and thus arrest or retard educational progress, it becomes manifestly the duty 
 of this department to interfere, even in opposition to the will of a majority of 
 those interested. 
 
 In the present case, a majority of the district, fully informed upon the merits 
 of the case, individually interested in being right, and personally liable to 
 expense if wrong, unhesitatingly declare themselves satisfied of the validity 
 of title. It would require a clear case of invalidity of title to justify the inter- 
 position of this department under circumstances like these, and, as such inval- 
 idity is not shown, the department will not interfere. Per H. II. Van Dyck, 
 Superintendent, August 14, 1857. 
 
 Where the district does not authorize a change of site, this department will not interfere to 
 compel such change, even though justice requires it. 
 
 It appears that the present site of the school-house is quite far from the cen- 
 ter of the district, and in the north part of the same. The inliabitants residing 
 in the south part of the district are naturally and justly desirous of changing 
 the site, and of establisliing it near the center of the district. At a meeting 
 of the district called for tlie purpose of considering this question, a resolution 
 was offered that the site remain wliere it was. This resolution was lost by a 
 tie vote, and before any furtlier action was had the meeting adjourned. From 
 this neglect of tlie inhal)itants to take any affirmative action upon the question 
 of removal, this appeal is brought. 
 
 Jlehl, that, while the desire of those who are striving to change the site 
 appears to be just and reasonable, the circumstances of the case do not justify 
 the interference of this department. It is a high ])rerogative to come in and 
 overrule the action t)f a majority of the district — formally and legally taken — 
 Oiad one which the department will not exercise except for the strongest rea- 
 sons — the most urgent necessity. 
 
 Here the site is already established, and has for a long time been occupied 
 by the district. The district is the only comjjetent authority for changing the 
 site, and I do not regard the authority of tliis (h^jiartment, even, as sufficient to 
 take up the original (piestion, and direct that a change of site shall be made. 
 Per E. W. Keyes, Deputy Superintendent, September 9, 1858. 
 
 Iq locating two sites in a district, the whole district must act upon the question of each 
 site, not Bimi)ly the sections to be respectively favored. 
 
 Taxes have been voti^l for the building of two school-houses in the district, 
 for the accommodation of the inhabitants in the remote sections, no one central 
 site being accessible to all the inhabitants.
 
 Sites. S71 
 
 In establishing these two sites, tlie law vests the authority in the voters of 
 the district — does not confine it to tho voters of each section or locality, for 
 whose benefit the site is to be established, and tho whole district must act ou 
 the question of the location of each site. Per H. H. Van Dyck, Suporiutendout, 
 May 8, 18G0. 
 
 Where trustees purchase a site designatetl by the district, an appeal from their action will 
 not lie ; it should be brought from the proceedings of the meeting iu designating that 
 Bite. 
 
 This is an appeal from the action of the trustees in purchasincf a school- 
 housi site, and contractin;^ for the building of a scliool-house thereon. 
 
 The acts complained of were under the authority and direction of votes of 
 the inliabitants, duly convened in district meeting. The appeal should have 
 been brought from these pnjcei'dings before thirty days had expired, and 
 Vicfore th(! trustees, in obedience to the votes of these meetings, had contracted 
 for the site and f )r tlie building of the house. Tho district is bound by thesa 
 contracts, and the matter has now passed beyond tlie reach of equital)le inter- 
 position by this department, and must, therefore, be permitted to take ita 
 natural course. Per II. II. Van Dyck, Superintendent, July 9, 1860. 
 
 Consent of supervisor to a change of site must be as prescribed by statute. 
 
 The statute that provides for change of school-house site, where the same 
 has once been duly established, carefully guards against capricious action on 
 the part of the inhabitants of a district, occasioned by slight changes in the 
 numerical strength of parties very evenly divided. It is provided by the stat- 
 ute that the site shall not be changed without the written consent of the super- 
 visor, " stating that, in his opinion, such removal is necessary." The object of 
 this provision is to vest this discretionary power in one presumed to be disin- 
 terested, and who will act solely with reference to his opinion of the educa- 
 tional interests to be promoted. 
 
 It 'is manifest, therefore, that neither the letter nor the spirit of the statute 
 is complied with when the supervisor, instead of expressing an opinion founded 
 on his own convictions, certifies that he thinks the removal " necessary, if the 
 inhabitants so determine." His opinion must be founded on the condition of 
 tilings existing in the district, not upon what may be the vote on the (juestion, 
 and a consent founded upon a vote of the inhabitants amounts to no consent 
 at all. Per H. H. Van Dyck, Superintendent, December 4, 1860. 
 
 Where two sites have been designated and purchased after a protracted controversy before 
 this department, the question of the consent of the commissioner will not be considered 
 upon a subsequent collateral issue. 
 
 On an appeal from the proceedings of a special meeting, the objection is to a 
 certain resolution, passed at said meeting, whereby certain sums of money 
 were voted to be expended upon two school-houses or sites in said district. 
 The objection is that the district has no such site, because due and proper 
 consent was never obtained to establish such site. But that question had 
 already been settled in a former appeal to this department. 
 
 The department will not at this late day enter upon the consideration of that 
 question. The district, and, if 1 mistake not, these appellants themselves, have, 
 by their previous action, recognized the fact of such site ; it has been, as I 
 understand, purchased ; a valid title obtained, and all the ostensible evidences 
 of ownership on the part of the district have been at one time or another 
 produced. I do not, therefore, now, choose to inquire whether the formal con- 
 Bent of the commissioner to the purchase of that site was ever given. That 
 would have been a proper question to ]iresent in order to prevent the purchase, 
 but should not be raised, and will not now be considered, since the purchase 
 and other acts incident thereto liave been substantially acquiesced in. Per E. 
 W. Keyes, Deputy Superintendent, March 28, 1861.
 
 372 Taxes and Taxation. 
 
 Division fences. 
 
 In regard to division fences, a school district is subject to tlie same liabilities 
 as any other owner of real estate. If the district cliooses to let the site lie 
 open to the liighway, you cannot compel them to build or maintain any por- 
 tion of a division fence. If, however, you build such fence, and the district 
 afterward incloses the school lot, you can compel the inhabitants to refund 
 half the expense of building the line fence. Per V. M. liice. Superintendent 
 of Public Instruction, October 2G, 1866. {Letters, vol. 5, p. 663.) 
 
 Money must not be paid for site until clear* title is obtained. 
 
 Trustees ought not to pay money for a site until they have a valid title from 
 all the owners, and a regular release under seal of any existing mortgage or 
 other incumbrance, and a satisfaction of any incumbrances which, though paid 
 in fact as may be supposed, are not discharged of record. Per E. Peshine 
 Smith, Deputy Superintendent, March 24, 1855. {Letters, vol. 2, p. 281.) 
 
 TAXES AND TAXATION. 
 
 No notice of an assessment is required except wliere an original valuation is made ; nor is 
 a notice that a tax list has been placed in the hands of a collector for collection necessary. 
 
 The appellants in this case seek to obtain an order setting aside a tax list on 
 the following grounds : 
 
 1. That the trustees did not give any notice to the tax payers to meet and 
 review their assessment roll ; 
 
 2. That they did not give any notice that said tax list was completed and 
 that the trustees would meet on a certain day to receive payment of taxes with- 
 out any per centage ; 
 
 3. That the collector did not advertise according to law that he would 
 receive voluntary payment of taxes. 
 
 These objections are untenable. The present school law does not require 
 any notice of an assessment to be given by the trustees of a district except 
 when an original valuation is to be made, which was not done in this case. 
 Nor does it require the collector to give any notice whatever that a tax list has 
 been placed in his hands for collection. All of the former provisions of law 
 requiring such notices to be given have been repealed. 
 
 The appeal is therefore dismissed. Per H. S. Randall, May 20, 1853. 
 
 When different parcels of property, of different quality and value, lying in 
 two districts, are so coupled together in the town assessment roll, in one aggre- 
 gate valuation, that their separate value is not apparent, and cannot be fixed, 
 Avithout an exercise of judgment on the part of the trustees, a new valuatioa 
 should be made, and notice given. Per Young, Nov. 23, 1842. 
 
 Contiguous territory lying partly in two or more districts, occupied and cultivated as one 
 farm, is taxable in the district in which the occupant resides. 
 
 The facts in this case as submitted are as follows : Whitman was the owner 
 and occu])ant of a farm in district No. 12, but recently purchased another lot 
 of land contiguous to his farm and lying in district No. 2, and removed his 
 residence to district No. 2. 
 
 Whitman, residing in No. 2, is taxable in No. 2, for all the land he occupies 
 and cultivates which is composed of contiguous territory. 
 
 The farm lying in No. 12, on which he formerly resided, lying contiguous to 
 the farm upon which ho now resides in No. 2, and both farms being occupic) 
 by him, is taxable in No. 2 and not in No. 12.
 
 Taxes and Taxation. 373 
 
 But the tenant of Whitman is a resident of No. 12, and must be taxed there, 
 for the house and {^arden occupied by him. Per Morgan, June 7, 1848. 
 
 Where a tax payer voluntarily moves from one district to another he is liable to a tax for 
 biiildini,' a pchool-hoiise in the latter district, even if within four years he has paid a tax 
 for that purpose in the district from which ho removes. 
 
 Benjamin Mix, the petitioner, owns a farm ])artly situated in district No. 16, 
 and partly in No. 10, (iouverneur. St. Lawrence county. Until last August ho 
 lived within the bounds of No. 10, but at tlaat time he moved into district No. 
 10. While a resident of No. 10, he contributed his share of the expense of 
 building a scliool-houso in that district. This was about eight years since. 
 
 The inhabitants of No. 10 have recently raised a tax to build a new school- 
 liouse, and have included the farm of Mr. Mix in tlieir tax list. He wishes to 
 be released from the payment of the tax. 
 
 This petition must l)e denied, because the law exempts only those who have 
 been set ofl" from another district without their consen't within four years from 
 the payment of a tax for building a school-house. 
 
 Mr. Mix voluntarily moved from No. 16 to No. 10, and moreover upward 
 of four years have elapsed since he was taxed for building a school-house, so 
 that he cannot claim exemption on either ground. 
 
 The petition is dismissed. Per A. G. Johnson, Deputv Superintendent, 
 August 7, 1848. 
 
 A tax may be levied to finish the erection of a school-house commenced by 
 subscription, provided the district own the site ; if not, the subscribers must 
 first relinquish their title to the district. Per Dix, May 11, 1838. 
 
 When a school-house is so decayed as to be no longer adapted to its purposes, 
 the district may raise money by tax to build a new one, by a majority vote, 
 and without a special notice of the intent to i)roj)ose such a tax, at an annual 
 meeting. Per Spencer, January 15, 1840. 
 
 When the trustees make any change in the valuation of property differing: from the valua- 
 tion, as appears by the assessment roll, they should give twenty days' notice of the 
 changes they have made to the inhabitants of the district ail'ected thereby. 
 
 The appellant in this case represents that, on or about the 2d of March last, 
 a tax w-as voted for the support of schools at a special meeting called and held 
 in district No. 1, under the provisions of the new school law ; and that the 
 trustees, in apportioning the tax thus voted, altered the valuations of the tax- 
 able property of the district from the assessment roll of the town in several 
 instances specified l)y the api^ellant, and, among others, in his own case, with- 
 out giving the notices prescribed by law, in consequence of which a larger sum 
 has been assessed to him and others than was equitable and j ust. 
 
 The trustees, in their answer, do not deny the charge that a departure from 
 the last assessment roll of the town was made by them in ascertaining the 
 valuation of the taxaljle property referred to, witliout giving the notice i)re- 
 scribed by law, but claim that the valuations put by them on such property 
 were substantially correct and in accordance with the standard adopted by the 
 assessor. 
 
 The Superintendent is of opinion that the defense thus sot uji by the trustees 
 is invalid and untenabh;. The law spccifu'iilly requires that, in all cases where 
 the valuati(uis of taxable property cannot be ascertained from the last a.ssos3- 
 ment roll of the town, the trustees shall ascertain the same from the best 
 means of information within their power, giving notice to all persons inter- 
 ested, and proceeding in the same way that town assessors are required to pro- 
 ceed in the first instance. Unless, therefore, this requisition is strictly complied 
 with, the assessment tlius made by the trustees is illegal and invalid, whatever 
 may be the standard of valuation adopted by them, or whether such valuations 
 are just and equitable or not.
 
 3V4 Taxes axd Taxation. 
 
 Tlie persons interested in sucli alteration were entitled to notice in the mode 
 prescribed by law, and to an opportunity of appearing before the trustees and 
 claimin.ff a reduction of their assessments as so ascertained ; and they may 
 le^yally avail themsslves of the omission to give such notice, either to resist the 
 collection of the tax thus illegally imposed, or to bring an ap]:)eal to this 
 department for such redress as may be in its power to afford. The tax list, 
 being void in part, is void throughout. 
 
 It is accordingly hereby ordered that the tax list made out by the trustees 
 of district No. 1, in the town of Fowler, in pursuance of the vote of the special 
 meeting held in said district, be, and the same is hereby, set aside, and the 
 tru-stees are directed and required, within thirty days from the date hereof, to 
 make out a new tax list iu accordairce with law, and to deliver the same, with 
 their warrant annexed, to the collector of the district for collection, refunding, 
 if required, any amount heretofore illegally collected. Per Morgan, June 
 4, 1850. 
 
 The assessment roll of a town, as revised by the assessors anrl delivered to the supervisors, 
 is complete so far as to bind the trustees iu making out a tax list. 
 
 The trustees of joint district No. 1, Gates and Chili, Monroe county, in mak- 
 ing a tax list on the 15th day of October, 1855, adopted the valuations of the 
 town assessment rolls for 1854. The rolls for 1855 had not then been revised 
 by the supervisors, and, as those of the two towns differed very materially in 
 their valuations of real estate, the trustees considered it unjust to follow them 
 until such revision. In this the triistees erred, and their tax list is conse- 
 quently erroneous. It has been repeatedly decided by this department^ and 
 also by the supreme court, that when the assessment roll has been revised by 
 the assessors and delivered to the super\asors, it becomes so far complete as to 
 bind the trustees. 
 
 If the trustees of a joint district regard the valuations of the two town assess- 
 ment rolls as not substantially just, as compared with each other, so far as such 
 district is concerned, they have the right to a]iply to the supervisors of the 
 towns, parts of which are embraced within their school district, to determine 
 the relative proportion of taxes that ought to be assessed ujjon the real prop- 
 erty of the parts of such district so lying in different towns. {Sec. 69, title 7, 
 chap. 555, Lmvs of 1804.) 
 
 They can resort to this remedy as well after as before the board of super- 
 visors has revised and eijualized tlie town assessment rolls. 
 
 The appeal is sustained, and the trustees authorized to amend their tax list 
 in accordance with law. Per E. P. Smith, June 4, 1856. 
 
 It is tlio duty of the trustees in laying a tax to assess the same against every person within 
 tlic district who owns or is in possession of taxable property at the time of making out 
 such la.x list. 
 
 On the third day of February, Mr. Hoyt sold all his real estate in said district 
 to William Moreau, and executed and delivered a deed to him. Mr. Hoyt 
 renuiins in possession, and by the contract will remain in possession till April 
 1, 1818. February 15, 1848, the trustees of the district proceeded to make out 
 a tax list upon a tax voted January 15, 1848, to build a school-house. They, 
 with a full knowledge of the above sale and conveyance, assessed Mr. Hoyt 
 with th(! fariii and real estate so sold. 
 
 Mr. Iloyt claims that the land should have been assessed to Mr. Moreau. 
 
 Tlie trustees were riglit. By section 85, chapter 480, Laws of 1847, the trus- 
 tees are required to ap])ortion a tax upon " all the taxable inhabitants holding 
 property in tlie district, according to the valuations of the taxable property 
 which shall be owned or i)ossessed by them at the time of making out such 
 list." Mr. Hoyt, at tlu; time of making out the list, liad not given up posses- 
 sion and must he considered the possessor. 
 
 It is to be ])resumed that the purchase-money is not to be paid until posses- 
 sion is delivered, iu v/hieh case tlie trustees could not assess the price of the
 
 ^ Taxes and Taxation, 375 
 
 farm to Mr. Iloyt as personal property. The appeal is dismissed. Per Mor- 
 gan, March 18, 1848. 
 
 Taxation of a person having the naked possession of land without color of title. A previ- 
 ous case commented on and explained. 
 
 On the first day of April last, Mr. Davis executed and delivered a deed of 
 his farm to Mr. Frost, the owner of the adjoiuinjr land, receiving from him a 
 payment of $900 in cash, and the promissory notes of tliird jMrson.s, and a mort- 
 gage for tlie residue of the purcliase-money. On the twclftla day of April, tlie 
 trustees made out a tax list, and, as Mr. Davis still continued in possession of 
 the farm he had sold, assessed him for the value thereof Upon his objecting, 
 and stating to the trustees tliat he was in possession only at sufferance, while 
 waiting for the opening of lake navigation to transport his family and effects 
 to Wisconsin, the trustees proposed to assess him for the jirice of the farm as 
 j)ersonal prope^'ty. To tliis he replied that he had already made a contract for 
 the purchase of a farm in Wisconsin, and bound himself to pay a larger sum 
 than tliat for which he had sold his farm, and offered to make an affidavit that 
 his debts exceeded the value of his personal property. The trustees being 
 satisfied of the truth of his statement, but supposing themselves bound to 
 assess liim for the farm by a decision of the Superintendent, united with Mr. 
 Davis in siil)mittiug the facts for a decision. 
 
 Tlie trustees have bejn misled by overlooking the distinction between the 
 present case and tliat to whicli they refer. In the former case, Mr. Hoyt 
 reserved the right of possession for a definite period, and was th(^ actual owner, 
 with all the responsibilities of ownership, until that period arrived. In this 
 case,Mr. Davis, thougli actually in possession, is without any claim of title to 
 possession for an hour. Mr. Frost is the admitted owner, though he has not 
 exercised his extreme right by inhospitably turning his neiglibor out of doors. 
 As such owner he is lial)le to be taxed for the real estate purchased. 
 
 The facts conceded in respect to tlie indebtedness of Mr. Davis are a conclu- 
 sive answer to any supposed obligation on the part of tlie trustees to assess 
 him for personal estate, though tlie fact that he is about to remove, and can 
 receive no benefit from the tax, has no legal im])ortance in the question. Per 
 A. G. Johnson, Deputy Superintendent, May, 1849. 
 
 Land worked under a contract, by which the lessee is to share in the produce thereof, is 
 subject to taxation in the district where it is situated. 
 
 The appellant is the owner of lot No. 34, included in the boundaries of dis- 
 trict No. 9, Wirt, Allegany county, and also of lot No. 26, which adjoins it, but is 
 included within the boundaries of district No. 1, and is in the occupation of an 
 inhabitant of district No. 1, holding under a lease by which he renders a sharo 
 of the produce to the appellant. The statute expressly provides that any 
 person working land under a contract for a share of the produce of such land 
 shall be deemed the possessor, so far as to render him liable to taxation there- 
 for in the district where such land is situate. The trustees aver that the 
 existence of such a lease never came to their knowledge imtil after the making 
 out of the tax list. This is doubtless true; but tlii;y were bound to know the 
 limits of their own district, and were bound at their peril not to impose a tax 
 upon any one, in respect to land outside ()f their limits, unless it was in his 
 actual possession, constituting a part of real property " jiartly within such dis- 
 trict and partly in an adjoining district." 
 
 It is an anomaly that land lying in one district should, under any circum- 
 stances, be withdrawn from its liability to supix)rt the public burdens of such 
 district, and made to contribute to those of another in which the owner may 
 reside. The law is to be so construed as to restrict such cases within the 
 narrowest possible limits. 
 
 The ajipeal is therefore sustained. The trustees must correct their tax list, 
 by excluding therefrom the valuation of lot No. 26, and by assessing so much 
 of the tax as is imposed upon the appellant by reason of his ownership of such
 
 376 Taxes A^"D Taxation. 
 
 lot on tlio taxable inliabitants of the district, in proportion to tlieir respective 
 valuations. Per E. P. Smith, Deputy Superintendent, May 20, 1856. 
 
 Presumptively, the trustees of a school district have no right to go beyond the boundaries 
 of their district to tax ; and when they do, it lies upon ihem to establish the power to 
 tax, and not upon the party taxed to disprove it. 
 
 The trustees, in the answer, rely upon tlie fact that the appellant did not 
 show tliat he claimed a reduction of his tax, or that he notified them of the 
 alienation of the property, by the taxation of which he is aggrieved. They do 
 not deny any of the facts set up in the appeal. 
 
 The appellant avers that, about two months previous to the making out of 
 the tax list, he had sold the southern part of lot No. 35 (120 acres), in parcels, 
 to two persons, who took possession and resided upon it. It is not within the 
 limits of district No. 7, but adjoins land owned by the appellant in that dis- 
 trict. This is the only circunistance in support of tlie authority of the respond- 
 ents to tax it. The statute, however, requires that it should be owned or 
 possessed by a taxable inhabitant of tlieir district at the time of making out 
 Buch list. 
 
 The power being in derogation of common right, which would exempt all 
 land from being taxed elsewhere than in the district where it lies, must be 
 construed rigidly. The possession of the purchasers is of itself notice of their 
 rights, and should put the trustees upon in(iuiry. 
 
 While the last assessment roll is to guide them in the valuation of any 
 property which they may be authorized to tax, unless the right to a reduction 
 of such a valuation be established, it cannot, in the nature of things, establish 
 the liability of such property to taxation. Presumptively, the trustees have 
 no right to go beyond their district limits ; when they do so, it lies upon them 
 to establish the power, and not upon the party taxed to disprove it or to take 
 notice that it is about to be exercised unless he remonstrates. The appeal 
 must be sustained. Per V. M. Kice, February 28, 1855. 
 
 Trustees are to assess the road bed of a turnpike precisely as if that portion of it lying in 
 their district belongs to an individual not owning the remainder; unless the net annual 
 income of the company over and above all exi)enses for repairs, etc., is less than five per 
 cent upon the original cost, in which case the road is exempt from taxation. 
 
 The turnpike company were not assessed upon the town roll, and the trustees 
 admit that they gave no notice of the completion of their roll, and consequently 
 neither the appellant nor any other person had the opportunity of calling ibr 
 the correction of the valuation of the company's property. The a])pellant3 
 swear positively that the property of the company assessed at $600 is worth 
 $2,000, and the respondents in their answer show that they assessed it simply 
 as they would agricultural ])roperty at $30 \)cv acix;, and apparently without 
 allowing any thing for the labor and materials employed in making the land 
 covered by the road bed productive' and valuable as a turnpike. It is of courso 
 impossible for the Superintendent to judge to what degree this valuation may 
 be erroneous. It is suilicient objection, however, that the appellant has n(jt 
 had the opportunity, which the statute dosigniid to secure, of producing such 
 evidence to the trvistecs as he deemed projier to induce them to increase this 
 valuation and thereby lighten the burden of his own taxation. The judgment 
 of the supreme court in the case of " 7'he Albany and Schenectady liailroad 
 Company v. Uvhorn " (12 Barbour's Su]ireme Court. Reports, 223) shows that the 
 appellant is mistaken in supposing that the value of the stock is to control 
 the trustees in judging of the value of that portion of the plank-road in their 
 district They are to assess the road bed i)recisely as if that portion of it in 
 the district belonged to an individual owner not owning the remaind(!r, unless 
 the net annual income of the company over and above all expenses and repairs 
 and collection of tolls is less than five per cent upon the original cost of the 
 road, in which case the road is exempt from taxation. {Laus of 1854, p. 168.) 
 Per V. M. Kice, March 24, 1855.
 
 Taxes and Taxation. 377 
 
 When the assessment roll of a town is nt the county scat in the custody of the hoard of 
 supervisors, and a tax is votod in its absence, it is a sufficient excuse fur not making out 
 the tax list within thirty days after it is voted. The statute is merely directory. 
 
 At a district meeting' in the town of Wilson, held November 28, 1848, a tax 
 of fifteen dollars was voted for the purpose of furnishing the school with wood 
 during the winter. 
 
 The last assessment roll of the town being at the county seat, the trustees 
 did not make out the tax list within the time directed by law. Tliinking the 
 tax had become void, they gave the district clerk a verbal notice to cause a 
 si)ecial meeting to bo held the twentieth day of November for the purpose of 
 voting the tax again. The meeting was held and the tax voted. Also a tax 
 was voted to repair the school-house, without the proper notice being given. 
 Objection being made by some of the inliabitants to this meeting — first, becauso 
 the notice of the trustees Avas not written, and, second, because a tax was voted 
 to repair the school-house without the proper notice — the trustees called an- 
 other meeting, to be held the twenty-third December, for the same purpose. 
 At this meeting the motion to raise the tax for wood was negatived. 
 
 From this vote the trustees appeal. According to a vote of the district at 
 the annual meeting, the trustees assumed responsibilities in behalf of the dis- 
 trict for which they were directed to raise a tax. Although the tax list may 
 not have been made out within thirty days after the tax was voted, no subse- 
 quent vote of the district could change their liability to taxation for wood. 
 The trustees acted under the direction of the district, and could not therefore 
 be made personally responsible, if they acted in good faith. The statute relat- 
 ing to the time of making out a tax list is directory merely, and a failure to 
 comply with it, through accident or for good reasons, does not render a tax 
 that has been voted illegal. The trustees in this case had good reasons for not 
 completing the tax list in thirty days, to wit, the absence of the assessment 
 r.ill. The trustees are hereby authorized to levy the tax voted at the annual 
 meeting. Per Morgan, January, 1849. 
 
 ■SVhcrc a person voted at a district meeting on the ground that he had fifty dollars in per- 
 sonal properly liable to taxation, it is the duty of the trustees to include him in their tax 
 list, even though his name be not on the assessment roll of the town ; and, if they negloct 
 to do so, the department will set aside their assessment and order them to include the 
 person so left out. 
 
 At a district meeting held in district No. 8, Marcy, Oneida county, on the 
 18th day of August, 1848, a tax of §100 was voted to be raised by two equal 
 installments, for the purpose of building a school-hotise. 
 
 The trustees made out a tax list for the whole amount, and, after giving the 
 notice required by law, and no one appearing before them to claim reduction, 
 delivered it, with their warrant attached, to the collector. 
 
 Oljection is now made to this assessment because persons are not included in 
 till! tax list who voted at the meeting to raise the tax, upoii the qualification 
 of having personal property to the amount of fifty dollars liable to taxation. 
 
 In making out the tax list, trustees should assess all the taxable inhabitants 
 of their district, whether tliey are included in the last assessment roll of the 
 town or not. But they are not ret^uired to include a person in a tax list, upon 
 the supi)osition that he has p(n"sonal j)roperty liable to taxation. They must 
 have satisfactory ]iroof of it, as that a person has come into possession of prop- 
 erty since the last assessment roll of the town, liy inheritance or otherwise, or, 
 as in the present case, that a person voted at a district meeting under the 
 qualification of liaving fifty dollars personal property liable to taxation. 
 
 The trustees must include such persons in their tax list. It is, therefore, 
 hereby decided that the tax list made out by the trustees of district No. 8, 
 Marcy, in which all the taxable inhabitants of the district were not included, 
 is illegal. Per Morgan, November 20, 1848. 
 
 It is tlie duty of trustees to assess all persons who voted on the ground of 
 having fifty dollars' worth of property, unless before the tax list is made out 
 
 48
 
 378 Taxes and Taxation. 
 
 Buch property is converted into real estate, in wLicli case the latter is to be 
 taxed if within the district, and the personal property is to be omitted. Per 
 E. W. Kcyes, Deputy Superintendent, March 25, 18G4. {Letters, vol. 3, pp. 54, 55.) 
 
 A mortgage given to secure the purchase-money of real estate is subject to taxation in the 
 district where the mortgagee resides. 
 
 From the statements of the county superintendent in tliis case it appears 
 that ou the 12th of March last a tax was voted in district No. 8, in which tlie 
 appellant resides, for tlie purpose of erecting a school-house, which was duly 
 assessed on the taxable iuliabitants, according to law, by the trustees, on the 
 23d of the same month. At the time of voting the tax the appellant was 
 the owner of a farm in the district, which Avas leased to a tenant whose term 
 expired on the 1st of April subsequently. On or about the 18th of March 
 intermediate tlio voting and the assessment of the tax, he sold the farm to a 
 non-resident of the district and took a mortgage for the purchase-money, 
 stipulating to give possession on the exi^iration of the lease, fnjm which period 
 interest on tlie amount secured to be paid by the mortgage was to comnuuice. 
 The principal question involved in the appeal is, as to the right of tlie trustees 
 to tax the appellant for the amount secured to be paid as the purchase- money 
 of the farm sold by him. The county superintendent decided that the trustees 
 were legally authorized to include the amount in their tax list, vmder the head 
 of personal property, from wliich decision the present appeal is brought. The 
 rule of law in this respect has been correctly stated Ijy the county superin- 
 tendent It is that, wliere a farm is sold, ilie vendor remaining in the district 
 is taxable for the avails of such sale as personal property, wlietiier such avails 
 are in the shape of money or seciu'ities for its payment, while the purchaser or 
 his agent, wliether resident or non-resident, is taxable for the real estate. In 
 the present case the farm of the appellant had been sold and a mortgage exe- 
 cuted for the purchase-money prior to the assessment of the tax previously 
 voted ; and in accordance with the principle above laid down, the appellant 
 was clearly taxable for such purchase-money as personal estate, and the 
 purchaser as the non-resident owner of the real estate. Nor can this principle 
 be in any respect alfected by the arrangement between the parties relative to 
 the period when possession was to be taken, or interest to commence running 
 on the mortgage. Per S. Young, December 4, 1844. 
 
 A tax by installments cannot be raised for any other purpose than "for building, hiring or 
 purchasing a school-house," and then the tax cannot be raised by installments, unless it 
 exceeds i^lOO. 
 
 (Tax must now exceed $1,000— to be voted in installments.) 
 
 District No. 3, Berlin, Rensselaer county, at a meeting held December 20, 
 1855, voted to repair their school-house, build privy and fence, and move the 
 house, and that the tax for such purpose should be raised by two annual 
 installments. 
 
 The law does not permit the vote of a tax to be raised by installments, for 
 any otlier purpose than that of building, hiring or purchasing a school-house, 
 and even in that case the tax must not be raised by installments unless it 
 exceeds $400. Per V. M. Rice, February 9, 1850. 
 
 A tax voted for the purchase of a site cannot bo raised by installments. A tax list for the 
 whole amount must be made out within thirty days from the voting of the Uix. 
 
 This is an appeal from the proceedings of an adjourned special meeting 
 lield on the 4tli of May last, at which the site of the school-house of the 
 district was changed and a tax of $200 voted to build a school-house thereon 
 and to fence the site, such tax to be collected in two equal installments, onc- 
 lialf on the 1st of Sei)teml)er and the remainder on the 1st of December next. 
 
 There is an objection appearing u[)()n the face of the jjroci^edings, which is 
 fatal to the validity of the; vote for raising the tax for purchasing the site. 
 The Superintendent is unable to find any authority in the school law for raising
 
 Taxes and Taxatiox. 379 
 
 the amount provided for by the vote of the district in two installments, one 
 payable in Siiptembar and the other in December next. When a fjreater sum 
 than §100 (§1,0UD) is directed to bo raised for buildinfr a school-house, in the 
 mannjr prescribed by section 19, title 7, School Laws, such amount may bo 
 raisjd in equal annual installments, as therein provided ; but where tho 
 amount to be raised is for the puri)ose of a site, no provision exists for raising 
 such amoiuit by installments, and the law recjuires the tax list for tho wholo 
 amount to be made out witliin tlurty clays frum the voting of tlxe tax. Tho 
 resolution referred to was therefore illegal and invalid for this cause, and so 
 much of the jjroceedings of the special meeting appealed i'ron\ as relates to 
 the raising of the tax of §200 to purchase and fence the site, payable in 
 installments, as therein specitied, is hereby set aside. Per V. M. Rice, Super- 
 intendent, June 12, 1854. 
 
 Persons who are by their profossion dedicated to the service of God and the cure of souls, 
 and haviu;^ a license to preach, or who have complied with tlie form and mode of ordiniv- 
 tion, are ministers of tlie gospel within the law. 
 
 This is a case arising in a school district in Piiiladeliniia, Jefferson county, 
 where the trustees doubted the riglit of a person claiming to be a clergyman, 
 to be exempt from taxation. 
 
 The intention of the law relating to tho taxation of property belonging to 
 ministers of the gospel must be considered as applicable only to those who are 
 by their profession dedicated to tlie service of God and the cure of souls. In a 
 churcli where a license to preach is required, or where a'form of ordination is 
 ne^-essary, tlie license should be obtained or the form complied with in order to 
 entitle an individual to exemption under the law. I am of opinion that a 
 license limited in point of time is sufficient to entitle the individual hol'liug 
 it to an exemption for the time during which it coutiuues. Per Dix, June 
 11, 1838. 
 
 Non-practicing clergymen not entitled to the reduction of $1,500, made in favor of 
 practicing ministers of the gospel. 
 
 Wiiere clergymen have to all intents and purposes given up their profession, 
 the fact that they have for a number of years been engaged in business of 
 an entirely different character, and have not meanwhile been settled over any 
 church as pastor, affords strong ground of presumption, that they have given 
 up the practice of tlieir profession. They are not, in my opinion, entitled to the 
 reduction of $l,r)00, which the law makes in favor of practicing ministers of 
 tlie gospel. The intention of the law is to exem]3t those wlio are actual 
 clergymen practicing their profession, or who, if not practicing it, are not 
 engaged in any other business. Per S. D. Barr, Deputy Superintendent, 
 November 23, 18G5. {Letters, vol. 4, p. 561.) 
 
 The personal property of the deceased is taxable in the district where the 
 administrator resides. {Si;e sec. 5, title 2, c/iap. 12, J{. S., bth td.) Per V. M. Rico, 
 Superintendent, November 21, 18(55. {Letters, vol. 4, p. 572.) 
 
 A lot owned by a church, on which there is no church building, is not 
 exempt from taxation. Per V. M. Rice, Supca-intendent Public Instruction, 
 Ai)ril 23. 18GG. {Letters, vol. 5, p. 325.) 
 
 Where territory is added to a district after tax has been voted to build new school-house, 
 but before tax-list for same has been made out and placed in hands of collector, it does 
 not atl'i-et the action of district in voting tax, and newly gained territory is liable to pay 
 its part of tax. 
 
 The addition of territory to a district after a tax has been voted in such dis- 
 trict for the puri)ose of building a now school-house, but before the tax list for 
 tho sami! has been made out and placed in the hands of the collector, does not 
 affect the action of the district in voting the tax, and the newly acquired ter- 
 ritory is liable to pay its proportion of the tax.
 
 380 Taxes and Taxation, 
 
 A special meeting may, however, be called at any time, and before tlie tax 
 list lias been completed by the delivery to the collector the inhabitants may, 
 by a majority vote, rescind the resolution authorizing a tax for a new school- 
 house. Per V. M. Rice, Superintendent, November 28, 1865. {Letters, vol. 4, p. 585.) 
 
 Trustees act judicially in levying a tax, and this department will not set up its judgment 
 in opposition to theirs, as to the correctness of the taxation. 
 
 It is not the business of this department to assess the property of districts, 
 nor to make out tax lists. The law imposes that duty on trustees, and to a 
 certain extent they act judicially in the discharge of that duty. The supreme 
 court has refused to interfere to correct assessments even where it was proved 
 that property had been erroneously omitted ; and this department certainly 
 does not possess greater power in such cases than the supreme court. 
 
 The department will not set up its judgment in opposition to that of the 
 trustees, as to the correctness of the taxation. Per V. M. Rice, Superintendent, 
 August 18, 1862. 
 
 Distinction between increasing the valuation of real property and increasing the amount 
 of personal property considered. 
 
 On an appeal from the proceedings of the trustees in making out a tax list 
 and warrant under the authority of a vote of the district, it appears that the 
 trustees, in making out the tax list complained of, increased the amount of 
 personal property vety considerably, while the valuation of the real property 
 was copied substantially from the town roll. 
 
 The trustees are directed to ascertain the valuation of taxable property, as 
 far as possible, from the assessment rolls ; the discretion concerning valuation 
 is, therefore, not given them where the same is determined by tlie assessors. 
 But the persons who are taxable, and the amount of taxable property possessed 
 by them, the trustees are to determine. 
 
 If, on the assessment roll, they find a man taxed for one hundred acres of 
 land, valued at fifty dollars per acre, they cannot change that valuation, though 
 they may know that it is richly w(jrth one hundred dollars per acre. But, if 
 they find him assessed for one hundred acres of land, when they know that he 
 has taxable, witliin the district, two hundred acres, they may assess him for 
 the full amount of his property. But tliis latter condition is not likely to occur, 
 except where property has changed hands, or been increased by accession in 
 the way of new buildings or other conspicuous improvements. 
 
 In the assessment of personal property, however, different conditions arise. 
 If a man is found assessed for five thousand dollars, when it is known that he 
 holds bonds and mortgages to the amount of ten thousand dollars, the error is 
 not in the valuation, but in the amount assessed. 
 
 The true rule is that trustees have power to correct an error in the amount 
 of property assessed, but not an error in the valuation. 
 
 The appeal must, therefore, be dismissed. Per H. II. Van Dyck, Superin- 
 tendent, December 24, 1858. 
 
 Parcels of land bought of different parties, but all connected with the original farm upon 
 which the owner resides, are taxable as one farm in the district of his residence. 
 
 This is an appeal of W. S., a resident and tax payer in district No. 18, from a 
 tax assessed by the trustee of district No. 15, upon a parcel of land belonging 
 to the appellant, and lying in district No. 15. 
 
 It is in evidence that the appellant is the owner of said parcel of land, that 
 he improves, occupies or cultivates it liimself, and that it is attached to tlio 
 premises upon which he resides, by an unbroken connection of lands owntid 
 and occupied by him. 
 
 This, to my mind, establishes his claim to regard these parcels of land, 
 bouglit at (lifii-rent times, of different persons, and lying witliin the lioundaries 
 of ditfurent districts, as one farm ; the taxation of which, for school purposes,
 
 Taxes and Taxatioi^. 381 
 
 is carried into that district in wliicli the owner resides. The hardship to the 
 district thus deprived of its taxable property must be conceded ; but this is a 
 consideration to address to the Legislatui-e. Th(^ provisions of tlie statute are 
 now clear and imperative, authorizing the taxation in the district as above 
 stated. The appeal is therefore sustained, and the trustee of Nf). 15 is directed 
 to amend his tax list by omitting therefrom the tax on the parcel of land in 
 question. Per E. W. Keyes, Deputy Superintendent, June 11, 18G0. 
 
 Where trustees make an original apsessment, they mnst give the legal notice of twenty 
 clays, and permit the party Claiming a reduction to be heard at a time and place to be 
 designated by the trustees. 
 
 The New York Central Railroad company, by their tax agent Franklin 
 Hinchey, bring this apjieal from the action of the trustee, in the matter of 
 the assessment of a school district tax on the property of said company, which 
 assessment it is claimed was illegally made, and is, besides, excessive. The 
 assessment complained of is an original assessment made by the trustee, it 
 having lieen found to be impossible to ascertain the valuation of said com- 
 pany's pro[)erty from the last assessment roll of the town, and it was com- 
 pleted by him, according to his own statement, on the 24th day of March, 18G6. 
 it being an original assessment, tlie trustee was oljliged, in accordance with the 
 provisions of section 68 of .title 7, of the General School Law, to proceed " in 
 the same manner as town assessors are required by law to proceed in the 
 valuation of 'taxable property." 
 
 lie accordingly posted five public notices in conspicuous places, dated j\Iarcli 
 24th, 180(5, giving notice of the completion of his assessment, and of the fact 
 that said list would for the space of twenty days be open to the inspection of 
 all parties interested, at the hoitse of the trustee, and also giving notice that 
 the. said trustee would be per.sonally present on the 7th day of April, 1866, at 
 four o'clock, P. M., for the purpose of reviewing said list. It will be observed 
 that the twenty days would not expire till the 13th day of April, 1866. The 
 law does not authorize assessors to assemble for the purpose of reviewing their 
 assessments, until the day after the expiration of the twenty days' notice which 
 they are required to give. {Sec. 18, title 2, chap. 1.'!, part 1, B. S.) Now, as 
 trustees, in making original assessments, are required to observe the rules 
 and regulations prescribed for the governmeitt of assessors, it follows that 
 notice given by the aforesaid trustee, of a meeting to review his assessments 
 before the expiration of the twenty days, Avas illegal, because unatithorized. 
 Ills notices specified no other time nor place where he would meetipersons dis- 
 satisfied with his assessments, and review the same, than that above mentioned. 
 On the 10th day of April, 1866, the said company served on the said trustee a 
 notice of their claim to a reduction of $o,000 on the assessment against them 
 as made by him. This was three days before the expiration of the twenty 
 days' notice to which said company was entitled, and it is nowhere made to 
 api)ear that the said trustee gave notice to said company, or any person whom- 
 soever, of a time and place when and where he would, aft(;r the expiration of 
 the twenty days' notice required by law, meet to consider their claim to a 
 reduction. Witliout meeting the agent of the company, and without giving 
 to the company legal notice of a time and jjlace when and where he would 
 hear and determine their claim, the said trustee went onward, completed his tax 
 list, issued his warrant, and placed th(;m in the hands of the district collector. 
 This was wrong and unjust. Tax payers have certain rights which assessors 
 or persons acting in the capacity of assessors are bound to respect. These 
 rights cannot be lost to them by the arbitrary or illegal action of public 
 ollicers. The company in tlu; present instance had a right to a notice of the 
 time and place when and where their claim would be lieard by the trustee, 
 who has been guilty of nonfeasance sufficient to invalidate the tax list made 
 out by him. The assessment made out l)y the trustee on the 24th day of 
 March, 18G6, and the tax list and warrant based thereon, are hereby declared 
 illegal and void. Per V. M. Rice, June 6, 1866.
 
 382 Taxes and Taxation. 
 
 In makin" ont a tax li?t, if the trustees follow the town roll, it will not be held invalid, 
 althoiii^n land belonging to the son is assessed to his father. 
 
 When the town assessors have assessed a minister of the gospel for his property, the trus- 
 tees, in making out a tax list, must presume that the $1,500 exemption allowed by statute 
 has been made. 
 
 Appellant complains that the trustee, in making out a tax list, pursuant to 
 the vote of a special meeting held in the district, April 22, 1867, omitted to tax 
 Lucius Stillson for fifty acres of land owned by him, and situated and taxable 
 in said district. Also, that one Junius Voorhees, who voted at said special 
 meeting, and who has taxable property above the value of fifty dollars, is not 
 assessed in said tax list. Also, that appellant is a regularly ordained minister 
 of the gospel, and that he claimed an exemption of $1,500 on that account, 
 which respondent refused to allow. Respondent shows that said Lucius Still- 
 son is a young unmarried man living with his father, and that said fifty acres 
 of land is assessed to the father on said tax list, the same as on the town roll. 
 This being -the case, the appellant is not aggrieved, the land is taxed, which is 
 the important thing, and the appellant has no grounds of complaint, even 
 admitting that the land was assessed to the wrong person. In regard to Voor- 
 hees, the respondent shows that he is not assessed on the town roll, and that 
 ho has no knowledge of any taxable property in his (Voorhees') possession. In 
 making out tax lists, trustees are not bound to vary from the town roll in 
 regard to personal property, except from personal knowledge of an alter- 
 ation since the town roll was made, or to correct a known or an acknowledged 
 error. I do not see, therefore, that the trustee is at fault in the matter com- 
 plained of. 
 
 Concerning the assessment of appellant, respondent shows that he followed 
 the town roll, and assessed him $l,8o0 on property worth at least $5,000. 
 Appellant does not show that the town assessors did not reduce his valuation 
 to the amount of $1,500, on account of his being a minister of the gospel, 
 and, not having proved the contrary, the presumption is that the assessors 
 performed their duty and allowed such reduction, if he was entitled to it. 
 The appeal has failed to establish any real grievance on the part of appel- 
 lant, and it must be, and is hereby, dismissed. Per V. M. Rice, August 17, 
 18G7. 
 
 When the hoard of education or trustees make an original assessment of personal property, 
 and the person assessed does not appear to answel- such questions as may be i)Ht to him 
 in relation to his estate, but presents by his attorney an insufUcient and unsatisfactory 
 affidavit, a reduction of the assessment will be denied. 
 
 On or about January 2-1, 18G7, the board of education made out a tax list 
 for the collection of a district tax, upon which the appellant was assessed for 
 $50,000 yjersonal property. Upon the last assessment roll of said town, appel- 
 lant is not assessed for personal ])roperty. Notice was given to apjiellant of the 
 assessment made against him by said board of education, and at the apjiointed 
 time he api)eared before said board by attorney, and submitted an affidavit 
 Betting forth that he had no personal estate whatever over his indebtedness, 
 "excepting certain government l)onds. not taxable." He thereupon claimed a 
 reduction to the full amount of the assessment against him. The board 
 declined to reduce said assessment, whereupon this appeal is brought ; the 
 appellant claiming that said board have exceeded their jurisdiction, in making 
 an original assessment, when he is not assessed for personal estate on tlie town 
 roll, and that, even if they were not bound by the town roll, they were bound 
 to reduce his assessment upon the statements contained in the affidavit sub- 
 mitted by him and heretofore mentioned. 
 
 In regard to the first jioint, as to wliethcr the board of •education exceeded 
 their jurisdiction in making an origiual assessment, the law says : " The valua- 
 tion of taxable ])roi)erty shall be ascertained, so far as possible, from the last 
 assessment rf)ll of the town, after revision by the assessors." When the valua- 
 tion of taxable property cannot be ascertained from the last assessment roll of
 
 Taxes and Taxation. 383 
 
 the town, the trustees shall ascertain the true value of the property to be taxed 
 from the best evidence in their power, givinjr notice to the persons interested, 
 and proccedin<r in the same manner as the town assessors are required by law 
 to proceed in the valuation of taxable property. (Sees. G7 and G8, title 7, chap. 
 555, Laius of 18G4.) 
 
 From tlie above it is evident that, when a board of trustees acquire juris- 
 diction, they have the same powers that are possessed by a board of town 
 assessors. 
 
 The rule in reg^ard to variations from the town assessment roll in the matter 
 of the valuation of personal estate is more stringent than that in regard to 
 the valuations of real estate. Notwithstanding this fact, the rule is broad 
 enough to give the board of education jurisdiction in this case. Trustees 
 cannot assess an individual for i)ersonal property if he has been taxed for 
 none on the last assessment roll of the town, on the nu;re supposition tliat ho 
 may have more than his delits amount to. The assessment roll of the town 
 settles that matter, and the trustees cannot vary the amount but from some 
 knowledge of an alteration after that roll was made out, or to correct some 
 known and acknowledged error. [John A. Dix, Common School Decisions, 
 U2.] 
 
 It is claimed by the board that they had knowledge of an increase in the 
 appellant's personal estate, after the last town assessment roll was made out, 
 though the appellant characterizes their statements as vague and indefinite, 
 and denies their truth. 
 
 It is an undisputed fact that, at the time the board of education made out 
 their tax list as aforesaid, they were convinced that the taxable personal estate 
 of the appellant amounted to $50,000. This being the case, it was their duty 
 to make an original assessment so as to include sueh property, because, if 
 such property had been acquired since the town roll was made out, they would 
 be varying the amount i'rom knowledge of an alteration after such roll was 
 completed, while, if the appellant possessed the same property at the time the 
 town roll was made out, and the assessors failed to include it in their roll, 
 such failure was an error sufficient to justify the board in making a new 
 assessment under the last clause of the rule above quoted. 
 
 It is a case in which the true value of the property in question could not bo 
 ascertained from the town assessment roll, and where, therefore, it became tho 
 duty of the board to proceed in the same manner that town assessors are by 
 law requinid to proceed in ascertaining the value of taxable property. This 
 they did, and the appellant, through his attorney, submitted an affidavit 
 claiming reduction. The statements cimtained in said atfidavit have already 
 been set forth. They were unsatisfactory, and as the appellant was not 
 present, and as his attorney was not authorized to make additional statements, 
 nor to answer such questions as would have been pertinent, and Avhich tho 
 board had power to ask, the claim for reduction was properly denied. I say 
 the appellant's affidavit is unsatisfactory, because he makes himself the judgo 
 of certain (juestions which it was the i)rovince of the board to decide, lie 
 does not state what his property is, but says : " I have no personal property 
 subject to taxation under the laws of the State of New York. I have no 
 persi>nal estate whatever, over and above the amount of my indebtedness, 
 exce])t certain bonds of the United States, etc." Thus, for all tiuit is shown in 
 the atlidavit, he may have deducted his entire indebtedness from his taxable 
 personal estate, leaving only the non-taxable over and above such indebted- 
 ness. That would be a species of sharp practice which assessors ought not to 
 allow. I see no good reason for interfering with the action of the board of 
 education in this matter, and the appeal is, therefore, hereby dismissed. Per 
 V. M. Rice, July 8, 1867.
 
 384 Taxes and Taxation. 
 
 Where town assessment roll i? corrected by the assessors, or adopted by them without cor- 
 rection, it is henceforth the assesisment roll of the town for all district taxes. Board of 
 supervisors having equalized taxation, addition or subtraction of a percentage does not 
 chanfre proportionate valuation between inhabitants of same town; but, in joint districts, 
 supervisors are to determine the relative proportion of taxes to be assessed upon real 
 property of parts lying in each town. 
 
 When the town assessment roll is corrected by tlie assessors, or finally- 
 adopted by them after notice of its completion without correction, it becomes 
 the assessment roll of the town for the purpose of all district taxes thereafter. 
 The equalization by the board of supervisors being made, the addition or sub- 
 traction of a percentage does not change the proportionate valuation as between 
 inhabitants of the same town, and is, therefore, to be disregarded. In joint 
 districts, however, the statute [section G9, title 7, chapter 555 of 1854], provides 
 for equalization by the board of superintendents (supervisors) of the several 
 towns of which the district is composed. They are to determine " the relative 
 proportion of taxes which ought to be assessed upon the real property of the 
 parts " lying in each town. Tlie proper course is to find, in the first place, the 
 aggregate valuation of the part lying in Sherburne from that town roll, of 
 that lying in Hamilton from the Hamilton roll, that in Lebanon from the 
 Lebanon roll. 
 
 Suppose the aggregate valuations of the parts to be — Sherburne, $25,000, 
 Lebanon, $30,000, and Hamilton, $45,000. You are to inquire if these are 
 substantially just, as compared with each other. If it appears unjust, then 
 add and subtract until you obtain the fair proportion, according to your judg- 
 ment, of tlie value of the property. Suppose that you arrive at the determi- 
 nation that the Sherburne part ought to be valued at $35,000, Lebanon at 
 $26,000, and Hamilton at $39,000 — making the same aggregate, you will 
 observe. Then you reduce your determination to Avriting, stating therein 
 that, in all taxes for school purposes thereafter to be raised in the joint dis- 
 trict, thirty-five cents of every dollar thereof ought to be assessed upon the 
 real property of the part of such district Ij'ing in the town of Sherljurne, 
 according to the valuation of such property in the corrected assessment roll 
 of Sherburne which shall last precede the making out of such tax, twenty- 
 six cents of every dollar in Lebanon, and thirty-nine cents, etc., etc., in Hamil- 
 ton. 
 
 The trustees, in making out future taxes, will have to use all these rolls, 
 and it is desirable, though not itnperative, tliat you should facilitate their labor 
 by giving them the proportions in decimals of a dollar. Per E. Pesliine Smith, 
 Deputy Superintendent, March 23, 1855. {Letters, vol. 2, p. 280.) 
 
 Where it is claimed that land lying in one district is taxable in another adjoining, by virtue 
 of its being part of a parcel, upon which the owner lives, iu such adjoining district, that 
 fact must be clearly proved. 
 
 The primary condition of real property, rendering it liable to taxation in a 
 given town, ward or district, is that the property sliall lie witliin the bounds 
 of such town, ward or district. Every instance in which this condition is ful- 
 filled without the corresponding liability attaching must be regarded as 
 exceptional, and these exceptions must be strictly construed, according to the 
 spirit of the exceptional i)rovision. It is claimed for the land in question that 
 it is embraced in the exceptional provisions of the statute, exempting it from 
 taxation wliere it lies by virtue of its being taxable in another district which 
 it joins. The language of tlie statute is as follows : " The trustee shall appor- 
 tion the tax on all taxable inhabitants of the district, * * * according 
 to the valuation of the taxable property, wliich shall be owned or possessed by 
 them at the time of making out such list, witliin such district, or partly within 
 Biu'li district and partly within an adjoining district." 
 
 Here is the only provision conferring upon the trustees of a district authority 
 to assess upon their tax lists lands not lying within the bounds of their district. 
 This power must be exercised strictly according to the letter of the statute.
 
 Taxes and Taxation. 385 
 
 Tlie natural lecjal presumption is that the trustees have not exceeded their 
 legitimate authority, and that the property lying within the limits of a given 
 district is taxable in that district. 
 
 This ijresumption can only be overcome by the production of affirmative 
 and conclusive proof to the contrary. It has over been the policy of this 
 department, in cases of doubt concerning the liability of laud to taxation for 
 school purposes in cither of two districts respectively, to give the benefits of 
 the doubt to the district in whicli the land should lie. This appears to me to 
 be sound policy, couformiug to the evident spirit and intention of the statute, 
 and controlled by the spirit of etputy, by which, when not in direct contraven- 
 tion of law, this department will be guided. The conditions contemplated 
 by the statute must be aflii-matively proved before the presumptions above 
 referred to will be overcome. Per PI W. Keyes, Acting Superintendent, May 
 lb, 1801. 
 
 The farm of a iion-re?ident occupied by a tenant, with an agreement on the part of the latter 
 to pay the taxes, may be asse^^sed to" such tenant, or to tlie owner, in the discretion of the 
 trustees. 
 
 Trustees may modify or correct the tax list any time before delivery to the collector. 
 
 Ey section 1, chapter ITG, Laws of 1851, "Lands occupied by a person other 
 than the owner may be assessed to the owner or occupant, or as non-resident 
 land." 
 
 It was evidently the intention of the Legislature by this statute to give to 
 assessors and to trustees a discretionary power to assess lands not occupied by 
 the owner, that the tax might be more easily or certainly collected. Accorcl- 
 ingly, the trustees must exercise their discretion as to whom such lands shall 
 be assessed. 
 
 The signing of a tax list is merely a ministerial act, and is not a final and 
 conclusive act of judgment. The vrarrant has no operative force until it is 
 delivered to the collector, and the trustees may, therefore-, at any time after 
 signing but before delivering it to the collector, alter or modify it, without 
 rendering it void. Per V. M. Rice, Superintendent, April 9, 18G3. 
 
 When a person ceases to be an inhabitant of a district after a district tax is voted and before 
 the expiration of the time allowed trustees Lu which to make out their tax list, he should 
 be omitted from such tax libt. 
 
 On the 9th day of February, 1837, the appellant made a contract for the sale 
 of his farm in the district, stipulating therein to execute a deed and transfer 
 possession on the first day of April following. On the first day of April the 
 contract was executed on both sides. 
 
 On the 14th day of March, 18o7, after the equitable title to the farm of the 
 appellant had been alienated by him, but before the freehold had legally passed, 
 a district meeting voted a tax to build a school-house. The tax list was made 
 out on the 30th day of March, and the appellant was included therein as the 
 owner of the farm. lie was notified of the fact, and on the next day removed 
 from the district and became the resident of another. 
 
 It is obviously just that the tax for a permanent improvement in a district 
 eliould be borne by those who arc to receive the benefit of it, and those who 
 in good faith cease to be inhabitants before the expenditure for such improve- 
 ments is made should be exempted from contribution whenever the letter of 
 the statute will permit. 
 
 Trustees are directed by the law to make out their tax list within thirty days 
 after the meeting at which the tax is voted, and it is made their duty to deliver 
 the same to the collector after the expiration of thirty days, ^\^lere a person 
 has, during that time, ceased to be an inhabitant of the district in pursuance of 
 an arrangement previously made, he ought to be exempted, and the person 
 who, under such circumstances, became the owner of the jiroperty. should bear 
 the burden of an expenditure by which its value is permanently increased. 
 Per E. P. Smith, Deputy Superintendent, June 17, 1857. 
 
 49
 
 386 Taxes and Taxation. 
 
 A person set off from one district to another, by an order that does not take effect until three 
 months after its issue, will be liable on any taxes levied in the district from which he is 
 Bet off, prior to the taking effect of such orcler. 
 
 In March, 1857, an orcler was made, by the school commissioner having juris- 
 diction, transferring' the laiids of the appellant and others, from district ISIo. 1 
 to district No. 2. The trustees of No. 1 having withheld their consent, this 
 order will not take effect till the expiration of three months from the first day 
 of April, 1857, when notice thereof was served. While the alteration was 
 inchoate, the district meeting was held, against the proceedings of which this 
 appeal is directed, and a tax to defray the expenses of changing site and build- 
 ing a new school-house was voted. The appellant -objects that the effect will 
 be to charge him with the payment of a tax for constructing a school-house 
 from which he is to receive no benefit. 
 
 Ildd, that this was a proper consideration for the judgment o,. the inhabit- 
 ants of district No. 1, in determining whether they would build at once or post- 
 pone till after the alteration should liave taken effect. The appellant continues 
 an inhabitant of the district for all purposes until the first day of July. If the 
 appellant is set off from the district without his consent, he will be exempted 
 from paying a tax for building in No. 2, for four years. If he has given his 
 consent, he is responsible for all the consequences, and cannot be permitted to 
 trammel the action of either district for the purpose of avoiding any personal 
 charge or inconvenience. Per H. H. Van Dyck, Superintendent, June 2, 1857. 
 
 Assessment of a bond and mortgage as personal property is good, but at the same time 
 assessing the owner thereof for the farm upon which he holds the mortgage, and upon 
 which he resides only temporarily, discountenanced. 
 
 This is an appeal of J. P. from an assessment against him on a tax list made 
 out by the sole trustee. The facts itpon which the appellant relies are as fol- 
 lows : On or about the first of October, 1859, he agreed to sell to one D. B. 
 the farm then owned and occupied by said appellant. The agreement contem- 
 plated that the purchase-money ($12,000) should be paid on the first of April 
 following, at which time possession of the said premises was to be given. A 
 regular deed of conveyance was executed by the owner to the purchaser, and a 
 regular bond and mortgage conditioned for the payment of the purchase- 
 money was given on the other hand. These conveyances were all duly 
 recorded. The position that the appellant maintains is that this deed was not 
 a sale or conveyance, but a convenient sitbstitute for a contract of sale, and 
 that the mortgage not being given for an actual, but merely for a contingent 
 indebtedness, is not personal property liable for taxation. 
 
 I fail to apprehend this matter in the light in which the appellant presents 
 it. The proi)ri(;ty of going back of the records to inquire into their meaning, 
 is, upon an application of this kind, extremely doubtful, to say the least. But 
 if we were to do this, we find that there has been, in good faith, duly executed, 
 a deed of conveyance. Both parties so regard it. Clearly, to my mind, D. B. 
 is in law and in fact the owner of the farm herein spoken of By the purchase 
 of the said farm, he became indebted to the appellant in the sum of $12,000, 
 for which In; executed the mortgage; Ix'fore named. This can be regarded as 
 no other than personal property, as defined in part 1, chapter 13, title 1, section 
 3, Revised Statutes, 4th edition, and as such liable for taxation for school pur- 
 poses under section 85, chapter 480, Laws of 1847. I do not see how, under 
 the statute, the trustee could exercise any discretion. His duty was plain and 
 unavoidable. 
 
 Concerning the taxation of the farm, the trustee could, itnder section 1, 
 chapter 170, Laws of 1851, assess it to the owner or occupant, or as non-resident 
 lands. He exercised the discretion thus conferred and assessed it to the appel- 
 lant as " occupant." I should be disposed to give considerable weight to the 
 presumption of the just exercise of this discretion, if it were true, as alleged, 
 that the appellant, as tenant, can recover the amount thus paid from the own(.'r. 
 By reference to the statute, section 88, chapter 480, Laws of 1847, it will be
 
 Taxes akd Taxation. 387 
 
 seen that tlic purposes for which this tax wns levied will bar any recovery 
 from the owner by the tenant. The appellant is theretore without any remedy 
 under the statute. Under this aspect of the case, I cannot but think it just 
 and right to have assessed the farm to D. B., the owner. 
 
 The general conclusion at which I arrive is, therefore, that the assessment 
 of the bond and mortgage to the appellant as personal property is right and 
 legal, but that the farm occupied by him should be assessed to the owner, D. 
 B. ; and the trustee is authorized and directed to amend his tax list by assess- 
 ing the tax on said farm as above indicated. Per H. H. Van Dyck, Superin- 
 tendent, April 23, 18G0. 
 
 A stockholder in a national banking association is liable to be taxed for personal property 
 ill the district where the bank is located, on the amount of stock owned by him in such 
 bank. 
 
 In the matter submitted by the trustees of district No. 1, Kingsbury, Wash- 
 ington county, and A. F. Hitchcock, a non-resident of said district, the following 
 facts appear : 
 
 The First National Bank of Sandy Hill is located, and does business within 
 said district No. 1. A. F. Hitchcock is a stockholder in said bank, but does 
 not reside in said district. 
 
 The trustees have assessed the said A. F. Hitchcock, upon a tax list made 
 out by them in said district, for the amoimt of stock owned by him in said 
 bank, and have taxed him thereon. 
 
 The question presented is whether such assessment is lawfully made, and 
 hence whether the tax levied thereon can be lawfully collected. 
 
 The capital of these national banks is, by law of Congress, required to bo 
 invested in bonds or securities of the United States, and the stocks, bonds, or 
 other securities of the United States are, by another act of Congress (the 
 constitutionality of which has been affirmed by the supreme court of the 
 United States) exempted from taxation by any State. Hence, it follows that 
 the First National Bank of Sandy Hill is not, as a corporation, liable to 
 taxation on its capital invested in United States securities. 
 
 Tiie act of Congress, passed June 3, 18G4, authorizing the fonnation of 
 national banking associations, provides, however, " That nothing in this act 
 shall be construed to prevent all the shares in any of the said associations, 
 held by any person or body corporate, from being included in the valuat>on of 
 the personal property of such person or corporation in the assessment v.f taxes 
 imposed by or under State authority, at the place where such bank is located, 
 and not elsewhere." 
 
 While, therefore, the capital of the banking association is, by the act of 
 Congress, exempt from State or local taxation, the shares of stock owned by 
 any individual or corporation in such association, are not exempt, but are left 
 to the operation of the State laws concerning taxation, under certain limita- 
 tions, one of which is that such shares shall be assessed only at the place 
 where the bank is located. 
 
 It must f(jllo\v tliat the trustees of the district where Mr. Hitchcock resides 
 can have no jiower to assess him for the shares owned by him in a bank 
 located in another district. Discussion as to the policy or justice of tlieso 
 provisions is fruitless ; our only concern is with the law as it stands, and in 
 this view the above conclusion appears inevitable. 
 
 We have only to inquire farther whether there is authority under the laws 
 of this State for the assessment of these shares of Mr. Hitchcock by the 
 trustees of district No. 1, where the bank is located. To determine this 
 question, reference must of course be made to the laws of this State relating 
 to taxation. Tliose pertinent to the issue are the following : " All lands and 
 all personal estate within this State, whether owned by individuals or by 
 corporations, shall be liable to taxation, subject to the exemptions hereinaftor 
 BiJecified." (1 R. S. [5lh ed.,] 905, ^< 1.)
 
 388 Taxes and Taxation. 
 
 The terms " personal estate " and ""personal property," -wherever they occur 
 in this chapter, shall be construed to include (among- other things enumerated) 
 stocks iu moneyed corporations. (1 R. S. [oth eel.'], 907, § 4.) 
 
 " The owner or holder of stock in any incorporated company, liable to 
 taxation on its capital, shall not be taxed as an individual for such stock." 
 (1 R. S. [7ith ccL], 907. § 14.) 
 
 From the above citations we cannot fail to draw the following conclusions- 
 
 1. Tliat all personal property not exempted is liable to taxation ; 
 
 2. That shares of stock in a banking association, incorporated by whatever 
 authority, are " personal property ; " 
 
 3. That the capital of a national bank, being exempt from taxation (not lia- 
 ble thereto), under the operation of the higher law of the United States, the 
 owner or holder of stock in such banking association is not relieved from lia- 
 bility to taxation on such stock by virtue of section fourteen above cited. 
 
 Ordinarily, these banking associations would be taxed as a unit — a corporate 
 body — but the supreme law of the land, the act of Congress, has decreed that 
 they shall not be taxed in that way. It has not overruled the law of the 
 State, which says they shall be taxed, but has directed that the tax shall 
 be assessed upon the shares of the individual or corporate holders thereof. 
 The trustees thus derive their authority to tax or assess these shares from two 
 sources of power — State and national. The State gives the power to assess and 
 prescribes the mode ; the national goA'ernment yields assent to the power to 
 assess, but overrules, in this particular instance, the mode, substituting its own. 
 The result is precisely the same under the operation of the law of Congress 
 that it would be under the operation of the State law. 
 
 Believing, therefore, that the trustees of district No. 1, Kingsburj', have 
 acted imder the authority of the law in the assessment referred to, and that, to 
 have omitted to make this assessment iu the way it was made, would be to 
 have exempted the stock in said bank from any taxation whatever for school 
 purposes, I can do no less than approve and atfirm their action. Per E. W, 
 Keyes, Deputy Superintendent, December 8, 1864. 
 
 Where the inhabitants at a district meeting; direct the trustees to do an act which they are 
 authorized by law to direct, as the removal of a school-house, the trustees may levy a tax 
 to defray the expense, without a vote of the district. 
 
 The inhabitants of district No. 17, town of Wilna, voted a new site for the 
 school-house, and directed tlie trustees to move the house by a " bee." 
 
 The trustees made a " bee," but, there not being much of a " turn out " on 
 the ])art of the inhabitants, they were only able to get the scliool-house into 
 the higliway. Foreseeing the difficulty attending the removal by such means, 
 and not receiving the requisite aid, the trustees moved the school-house to the 
 site selected at an expense of twenty-five dollars. 
 
 A special meeting was called on the 4th December, 1847, without stating 
 the object of it in the notices, at which a tax was voted to meet the expenses 
 of the trustees. Only four legal voters were present at the meeting. 
 
 The vote directing the trustees to move the house by a " bee " was void, as 
 they could liavc no authority over voluntary aid, and could not depend upon 
 it as a means of moving the school-house. 
 
 When the inhabitants of a district direct the trustees to perform a work 
 where expenses are to be incurred, the trustees arc authorized to raise the 
 amount thereof, by tax, without a vote of the district. In this case the trustees 
 •would necessarily incur an ex]iense in moving the school-house, which is 
 chargeable to the district and can be collected by tax the same as if it were 
 voted. (School Laics, No. 134.) And althougli the vote of December 4, 1847, to 
 raise the tax was illegal on account of the want of proper notice, the levying 
 of the tax was legal on the ground that the trustees possessed the requisite 
 power without a vote of the district to raise the tax. {Scctio7i 51, title 7, 
 chapter 55i5, Laics of 1864.) 
 
 Th(! appeal is dismissed. Per A. O. Johnson, Deputy Superintendent, 
 August 3, 1848.
 
 Taxes axd Taxatiox. 389 
 
 In case of vacancy two or even one trustee may do any official act. 
 
 The expense of investigating a title is a part of the expense of a site, and may be legally 
 included in a tux. 
 
 When a vacancy exists in the ofSce of trustee, the remaining trustees are 
 expressly authorized by law to call a meeting of the inhabitants to fill such 
 vacancy, and the inhabitants when legally assembled at any annual or special 
 meeting have power to raise a tax for the various purposes recognized by law. 
 There is no doubt that two, or even one trustee, may legally do any official act 
 during the actual existence of a vacancy in the office of their or his colleagues. 
 
 It has been held that the expense of recording a deed may be included in a 
 tax for purchasing a site, inasmuch as it is necessary to perfect the title. On 
 the same principle, the expense of investigating the title is a necessary part 
 of the expense of procuring a site. Per Young, April 25, 1842. 
 
 A tax may be voted, levied and collected in a school district to purchase a site and school- 
 house, but the money cannot be applied until a valid title is obtained. 
 
 The appellants in this case seek to set aside the proceedings of a special 
 meeting held in district No. 9, on the 29th of November last, at which resolu- 
 tions were adopted for the purchase of a new site and house, upon the ground 
 that a valid legal title cannot be obtained to such site and house. They allege 
 that the house was built by private subscription, and is now owned by various 
 persons in and out of the district, some of whom will not consent to transfer 
 their right to the district. This allegation, vague and general as it is, is 
 explicitly met and denied by the trustees, who assert that they can procure a 
 good title. This question of title, however, is one which carmot come up at 
 this stage of the proceedings. The tax voted may legally be le\ied and col- 
 lected, but cannot be applied until a valid legal title is obtained. 
 
 From the proofs before him, the Superintendent entertains no doubt of the 
 sufficiency of the title, and so much of the appeal as relates to this portion of 
 the proceedings of the meeting is therefore dismissed. Per Morgan, Januaiy 
 18, 1851. 
 
 When a tax list has been made ont, but not delivered to the collector, it is no objection to 
 the trustees ealliui,' another meetins; of the inhabitants to reconsider the proceedings of 
 the meeting at which the tax was voted, if requested by a respectable number of tha 
 inhabitants. 
 
 In this case, the appellants seek to set aside the proceedings of a special 
 meeting, held on the 20th of February last, at which a previous vote of the 
 district relative to the length of time during which a school should be taught 
 was reconsidered, and a less period adopted. Under the preceding vote, the 
 tax list had been made out by the trustees, but the warrant had not heen 
 delivered to the collector. The Superintendent is of opinion that under such 
 circumstances it was legally competent to the inhabitants to reconsider the 
 previous vote. Per Morgan, April 23, 1850. 
 
 In making out a tax list, all the trustees must be consulted and act together. 
 
 Two of the trustees of district No. 1, Hornby, Steuben county, made out a tax 
 list without notifying or consulting with the third. The other trustee and 
 Mr. Chalion Headley appealed, and asked that the said tax list be set aside, 
 without pointing out any error or alleging any special grievance. 
 
 It is a clear and undoubted principle that the public have the right to tho 
 counsel and service of all the members of a board of trustees, and of every 
 other tribunal, in all their doings wliich involve the exercise of discretion and 
 judgment. The making out of a tax list is of this character. The trustees 
 have to determine who are taxable inhabitants, and for what amount they 
 shall be respectively assessed. It is true that, \ipon examination, they may 
 ascertain that the taxable inhabitants of their district are the same persons 
 and no other than those envunerated in the last completed town assessment 
 roU, and that their property respectively remains, without any variation, as it
 
 390 Taxes and Taxation. 
 
 did at the time sucli roll was completed. That determination having: been 
 reached, the duty of copyin<T so much of the assessment roll as relates to the 
 inhabitants and property of their district is a purely clerical one, which may 
 as well be discharged by one trustee as by three. It is, however, always a 
 preliminary question, whether such be the fact, and the public have an interest 
 that each of the trustees should be heard upon this question. A trustee who is 
 absent might know and be able to show his colleagues that a particular 
 inhabitant had received a large accession to his personal property, and thus 
 reduce the contribution of every other tax payer. 
 
 The appeal is therefore sustained and the proceedings of the trustees declared 
 irregular. Per E. P. Smith, Deputy Superintendent, November 8, 1855. 
 
 The trustees of a f:chool district have no power to correct a tax list after a portion of the 
 tax has heeii collected, without permission from the Department of Public Instruction. 
 
 The town superintendent of Crown Point having, February 19, 1847, regu- 
 larly formed a new district in said town, served a notice ni)on Aaron T. Town- 
 send, a taxable inhabitant of said district, together with a copy of the order 
 forming the district, requiring him to notify each taxable inhabitant of a dis- 
 trict meeting to be held on tlie first of March following. Accordingly, notice 
 was given to the inhabitants by notifying them of the time and place of holding 
 the meeting. 
 
 A meeting was held on the 1st of March, and adjourned to the 15th, at which 
 a tax was voted to build a school-house. The tax list was made out by the 
 trustees within thirty days, as required by law, and was put into the hands 
 of the collector on the 22d of January, 1848. On the 5th of February, the 
 trustees corrected the tax list without the approval of this department, having 
 discovered errors in it, and, attaching the corrected list to the old warrant, 
 delivered it to the collector. This was an irregularity on the part of the trus- 
 tees after a portion of the tax had been collected. The original tax list is the 
 one which is in force, and if the trtistees have discovered an error in it they 
 may, after refunding any amoitnt that may have been collected on such tax 
 list, if the same shall be required, amend and correct such tax list in conformity 
 to law, and redeliver it to the collector with the old warrant attached. Per 
 Morgan, June, 1848. 
 
 A tax list, made out by one of the trustees and signed by two of them, without notice to, or 
 consultation with, the third trustee, will be set aside. 
 
 On an appeal from the proceedings of two of the trustees in making out a 
 tax list, it appears that the said tax list was made oitt by one of them and issued 
 with the signature of but two attached, the third not having been consulted 
 concerning it. 
 
 The statute expressly requires tho trustees to meet and act together in deter- 
 mining the assessment ; and, in the instructions from this department in tho 
 circular containing the amendment to the school law, passed April 12, 1858, 
 this point was especially dwelt upon, and the liability of trustees was distinctly 
 Bet forth. 
 
 I liave, therefore, no alternative but to declare the tax list invalid, and to 
 order the trustees to meet together for the purpose of making out a new one. 
 Per H. H. Van Dyck, Superintendent, January 4, 1859. 
 
 The form of a tax list is deemed important. 
 
 Tlie form of the tax list is of more importance than is generally conceived, 
 and there is no reason why that prescribed in the Code of Public Instruction 
 should not be followed. It might not \-itiate the tax list that its form was not 
 precisely like that requinvl by law, but it affords a substantial ground for 
 directing the trustees again to make out their list. Per H. II. Van Dyck, 
 Superintendent, March 25, 1858.
 
 Taxes and Taxation. 391 
 
 The anthority for levying a tax must not be indefinite. Taxes should be specifically voted_ 
 
 At the annual meeting the trustees presented their report of the receipts and 
 disbursftments of money for the past year, with a statement of the expenses 
 already incurred, which they had no means to meet, and of necessary expenses 
 for the ensuing year, and recommended that a tax be levied for the purpose of 
 paying such arrearages and sucli expenses as -were set forth in the statement. 
 This report of the trustees was adopted, and the appeal relates to the action of 
 the meeting in adopting said report. 
 
 I concur fully with the appellants in the opinion that the adoption of the 
 report of the trustess does not authorize the levy of a tax agreeable to the 
 recommendations therein contained. A tax must be specifically voted before it 
 can be lawfully levied or collected. The adoption of the report by the meeting 
 is merely to be regarded as an approval of the recommendations of the trustees, 
 without authorizing their enforcement. Per E. W. Keyes, Deputy Superin- 
 tendent, December 3, 1859. 
 
 A vote to raise by tax a certain sum to build a school-house, the same to be paid at dis- 
 cretion in labor or materials, is illegal and void. 
 
 A district voted to raise a tax of .$150, for the purpose of building a school- 
 house, with the pri\ilege of paying said tax in labor and material. The 
 trustees made out a tax list for the amount, and enforced the collection of it. 
 Iltkl, that the Code prescribes but one mode of proceeding in the assess- 
 ment and collection of taxes, and e^^dently recognizes buj one material as a 
 lawfal tender in payment thereof. If, therefore, the district vote to raise a tax, 
 and prescribe any other mode of collection, or any other material as lawful in 
 payment, they and the statute are in conflict, and the trustees, if they proceed 
 to collect tlie tax at all, must do so in the mode prescribed by law. But the 
 interest of the inhabitants in imposing these conditions is evidently to have 
 the tax collected in that manner or not at all. It may be safely assumed that 
 the inducement with many to vote the tax was the accommodation afforded 
 by the conditions annexed, and that without these they would have opposed 
 the tax. The department must, therefore, regard this as one of those cases of 
 complicated action, in which the dependence of several provisions is so intricate, 
 that invalidity in any part renders the whole invalid. Per H. H. Van Dyck, 
 Superintendent, September 14, 1857. 
 
 A tax may be voted to pay expenses beyond estimates expended by trustees in building an 
 authorized school-house. 
 
 A tax was voted to defray the excess beyond the estimates expended by the 
 trustees in building a new school-house, from which vote there is an appeal. 
 
 IMd, that a majority of those present and voting was sufficient to give valid- 
 ity to the resolution, and that the appeal must be dismissed. Per V. M. Rice 
 Superintendent, January 11, 1856. 
 
 A district has no power to exempt any inhabitant from taxation in consideration of a gift 
 
 by him of a site. 
 
 A taxable inhabitant was intentionally omitted in the tax list, in considera- 
 tion of his having given half an acre of land for the site of the school-house. 
 JIdd, on appeal, tliat the trustees are required by law to assess every tax upon 
 all the taxable inhabitants of the district, and that a district meeting has no 
 power to relieve them from this obligation. Per V. M. Rice, Superintendent, 
 February 4, 1857. 
 
 When a special mcetinar had voted a lax for bnildin? a new house, and had adjourned four 
 ■weeks to consider proposals for building, and at the adjourned mectinc; voted to rescind 
 the vote levying the tax, tlie vote to rescind was lepal and valid, even though the tax list 
 had been made out, and a part of tlie tax voluntarily paid. 
 
 At a special meeting duly called a vote was taken and carried, ayes 28, noes 
 24, to raise §1,000 by tax on the district, for the purpose of building a new 
 school-house. The meeting then adjourned for four weeks for the purpose of
 
 392 Taxes axd Taxation. 
 
 receiving propositions, that mif^lit meantime be submitted to the trustees, 
 relative to site. At the adjourned meetinf? a motion was carried to reconsider 
 the vote of tlie last mcetiuft-, after which the meetin<T adjourned sine die. 
 
 In the mean time the tax list for the $1 ,000 had been made out, and a part 
 of the same had been voluntarily collected before the adjourned meetinfj ; but 
 this will avail nothincr, as the trustees could not issue their warrant till the 
 expiration of thirty days after the tax was voted. No legal collection could 
 therefore have been made before that time. Voluntary payments may have 
 been made which the trustees would be authorized to receive, but these are 
 not such collections as the courts contemplate in order to place the repeal of, a 
 tax levy beyond the power of a district meeting. 
 
 It is assumed by the appellants that, the special meeting being adjourned for 
 a specific purpose, no other business could be transacted than that specified in 
 the notice for adjournment. This is an error. The meeting was competent to 
 transact any business brought before it. 
 
 From the evidence before me, I am compelled to regard the proceedings of 
 the adjourned meeting as a fair expression of the will of the district upon 
 levying the tax, and it is unfavorable to such action. The vote at the adjourned 
 meeting is much larger than that at the special meeting ; it is plain, therefore, 
 that no advantage was taken of the absence of any considerable number of 
 the voters by the majority in their vote to rescind the tax. Under these cir- 
 cumstances, therefore, the proceedings of the adjourned meeting are declared 
 legal and are hereby affirmed. Per H. H. Van Dyck, Superintendent, February 
 18, 1858. 
 
 Objection to a tax list on the ground that property is omitted therefrom must be taken 
 
 in time. 
 
 The primary objection to this appeal is that the appellants neglected the 
 natural and proper remedy, pro\'ided by law, for the errors herein complained 
 of. It is alleged that certain property has been omitted from the tax list that 
 should be assessed. The trustees made an original assessment, and gave the 
 notices recjuired by law. These appellants did not appear to compare their 
 assessment with others, but suffered the warrant to go into the hands of the 
 collector before making any objection. I think they are precluded, by their 
 own neglect, from any relief at the hands of this department. Per H. II. Van 
 Dyck, Superintendent, March 21, 1860. 
 
 Where a tax is voted to build a school-house, the trustees are not required, unless by a 
 direct vote of the district, to deduct from that sum the proceeds of the sale of the old 
 house. 
 
 On an appeal from a tax list made out by the trustees, the objection raised 
 is that the sum for which the old house was sold was not deducted from the 
 amount of tax voted to build a new house. 
 
 "Whatever may have been the law upon this point formerly, there is now no 
 requirement that the proceeds of the sale of the old house shall be applied to 
 the reduction of the tax voted for a new house, unless the inhabitants IJy their 
 votes so direct. 
 
 Appeal dismissed. Per E. W. Kcyes, Deputy Superintendent, May 5, 1863. 
 
 Where trustees are authorized to build a school-house of certain dimensions, and they 
 slightly vary from tliese dimensions by causing the house to be built larger, paying for 
 the excess out of their own funds, the district must pay such sum as the house would 
 have cost if built of the spccitied size. 
 
 The trustees were instructed to build a house 24 feet long by 20 feet wide. 
 They made the contract accordingly; but, in order to use the okl foundation, and 
 thereby save the cxjiensc of laying new, they agreed with the builder to 
 construct the house of the same size as the old one, viz., 26 by 22 feet, and the 
 diiference in price they agreed to pay out of tlieir own pockets. The contract 
 for building of tho size authorized by the district was |280. The trustees also
 
 Teacher. 393 
 
 incurred an expense of four dollars for rcmovinjr the rubbish aroiind the 
 buildinj;. Some persons refused to pay their portion of the tax of $384 levied 
 by tlie trustees to pay for the house, and, at a district meeting calU^d to ratify 
 the action of the trustees, the meetin<j refused to ratify. From this refusal the 
 tri'.stees appeal. 
 
 Udd, that the trustees substantially complied with the resolution of the 
 district, and that the tax of $284, for buildinj? the house of the original size, 
 and removing the rubbish, was properly and legally levied, and may be col- 
 lected. Per V. M. liice, Superintendent, September 12, 185G. 
 
 TEACHER. 
 
 Where a teacher is improperly dismissed, he is entitled to full wages for the period named 
 
 in the contract. 
 
 A. B. Brayley had been employed to teach school in district No. 1, in the 
 town of Carroll, for foiir months, at thirteen dollars per month. After he had 
 taught two and a half months, some of the inhabitants withdrew their children. 
 For various causes, others followed their example, until the school dwindled 
 down to two or three scholars, when the trustees ordered him to quit, about 
 threes weeks before the ex})iration of his term, upon the understanding that he 
 should complete it if called upon. 
 
 A special meeting, subsequently held, passed a vote to pay the teacher for 
 the time actually employed, and no longer. The trustees refused to pay him 
 for the full time, and he appealed. He had performed, or been at all times 
 ready to perform, the contract on his part ; he was duly qualified ; his 
 school had been visited by the town and county authorities, and approved by 
 them. The vote of the district could not affect the rights of the parties. The 
 trustees were bound to fallill the contract. Per Young, March 19, 1842. 
 
 Trustees cannot dismiss a teacher on the ground that some of the inhabitants are dissatis 
 fled with him, while they themselves are not dissatisfied. 
 
 James M. Grooty was employed to teach school in district No. 2, New Balti- 
 more, for five months, at eleven dollars a month, on condition that, if the 
 trustees should find any fault with him at the end of a month, they were to 
 notify him, ]iay him for the month's services and dismiss him. He taught 
 school from the l)th of November to the 21st day of January, when the trustees 
 dismissed him, on the ground of dissatisfaction on the ])art of some of the 
 inhabitants, at the same time publicly stating that they had no cause of com- 
 plaint. 
 
 One month wag ample time to discover faults of character, discipline, gov- 
 ernment and modes of teaching, and, if the trustees did not, within tiiat time, 
 give Mr. Grooty notice, they could not subsequently dismiss him and release 
 themselves from their contract. A mere allegation that the inhabitants were 
 dissatisfied would be insufficient cause of dismissal at any time. They should 
 be al)le to sliow who are dissatisfied, and for what cause. 
 
 The teacher did not undertake, expressly or by imiilication, to satisfy every 
 person in the district, and it would have been absurd to require or expect.it. 
 The trustees were ordered to reinstate Mr. Grooty in his school, and, at the end 
 of five months from November 19, to pay him his wages at eleven dollars per 
 month, without any deduction for the time between his dismissal and his rein- 
 statement. Per Spencer, March 6, 1841. 
 
 60
 
 394 Teachek. 
 
 Where one trustee engages a teacher to teach in the place designated by a district meeting 
 
 and the other two engage a teacher to teach in a place selected by themselves, neither is 
 
 a legal school. 
 One trustee cannot legally engage a teacher for the district, neither can two trustees legally 
 
 engage a teacher to teach in a place designated by themselves when the district have 
 
 selected another place. 
 
 The scliool-liouse in district Xo. 7, Guilford, Clienanfjo county, was destroyed 
 by fire in January, 1847. In February following, the inhabitants, in district 
 meeting, voted to hire a temporary place tor the school. Accordingly, a school 
 ■was regularly opened on the 12th of May, 1847, in the place so designated. 
 In the following winter, two of the trustees opened a school in another place 
 without the vote of the district, and gave an order upon the town superintend- 
 ent for two-tliirds of the teacher's money apportioned to the district, which 
 was paid. 
 
 In the mean time, Mr. Mills, the other trustee, opened a school in the house 
 which had been designated by the district for the summer school. 
 
 Each party claims a right to the ])ublic money, but neither is entitled to it, 
 as neither school was legally established. 
 
 In all cases the inhabitants of a district are to designate the place where the 
 school shall be kept, and trustees alone are responsible for the expenses 
 incurred in support of a school opened by them without this authority from 
 the district. 
 
 One trustee cannot hire a teacher or open a school without the concurrence 
 of at least one other trustee. Nor is any act of the trustees valid without all 
 being consulted, and Avithout the concurrence of a majority. 
 
 The public money obtained on the order of the two trustees could not be 
 applied to the payment of their teacher, as the school was not a district school. 
 
 It is therefore hereby adjudged and decided that the public money appor- 
 tioned to district No. 7, Guilford, for teacher's wages, cannot be applied to the 
 payment of either of the teachers employed in the schools hereinbefore men- 
 tioned. Per Morgan, July 14, 1848. 
 
 Every contract made with teachers in onr common schools necessarily includes the con- 
 dition that the agreement cannot be binding for a longer period than teachers may hold 
 certificafes of Qualification, and on the annulling of their certificates all claim for future 
 services ceases.' 
 
 The appellant, in the year 1845, had made a contract with the trustees of 
 school district No. 10, in the town of Champion, to teach the district school for 
 a limited period, and at a stipulated price per month for his serAices ; and, 
 before the expiration of the term limited by the contract, on the 27th day of 
 November, 1845, for causes satisfactory to that officer, the town superintendent 
 annidled the certificate of qualification, which act was aflSrmed by the county 
 superintendent. 
 
 On appeal to the department, it was deemed advisable, for the reasons stated 
 m the decision then given, not to interfere with the acts of tliese officers, by a 
 formal reversal of their decisions. 
 
 The appellant claimed of the trustees of the district his wages, vmder his 
 contract, for the unexpired term after the annulment of his certificate, as before 
 mentioned ; and, tlio.'^c officers, or a majority of them, having refused payment, he 
 appealed to the county superintendent, who declined interfering, on the ground 
 that the appellant had no legal claim to compensation under his contract from 
 the time his license as a teacher was annulled, and from this determination 
 the appellant has again appealed to this department. 
 
 Every contract made by trustees with a teacher in our common schools 
 necessarily includes the condition that the agreement cannot be binding u]ion 
 tlieni for a longer jieriod tlian the teacher may hold a certificate of qualifica- 
 tion. I do not mean by this that trustees cannot with a full knowledge of all 
 the facts in regard to a want of license make a contract witli an unlicensed 
 teaclier which will bind them personally, but I do hold that this department 
 cannot in the exercise of its rightful powers and jurisdiction be called upon to 
 enforce a performance of any such contract.
 
 Teacher. 395 
 
 I assume that -when the trustees made the contract ■with the appellant for 
 his services as a teacher, both parties understood that the ap])ellant had a 
 proper license, and that the contract was to cease whenever he became legally 
 disqualified as such ; but if he be able to establish a different contract by com- 
 petent ])roof, then he must resort to another tribunal, for this department can- 
 not afford him any relief. 
 
 The decision of the county superintendent is affirmed and the appeal 
 dismissed. Per N. S. Benton, July 113, 184G. 
 
 A teacher employed nnder a contract, to teach bj' the month, specified as t^vcnty-six days, 
 is cutitlcd ti) dismiss school every Saturday afternoon, or each allcniate Saturday, accord- 
 ing to tlic custom of the country, and the trustees have no ri^'ht to withhold any portion 
 orthe amount due him for so doiny. 
 
 A contract was made between Mary Dwight and Jacob Harder, one of the 
 trustees of district No. 1, Windsor, and part in Conklin, by which she was to 
 teach the district school at three dollars a week for an indefinite time. 
 
 The trustees dissenting, on the twenty-second day of November, a new con- 
 tract was made between said Mary Dwight and Jacob Harder, ^^•ith the consent 
 of the other trustee, Alanson Alden, by which she was to teach four months, 
 at the rate of twelve dollars per month of twenty-six davs. 
 
 The said Mary Dwight tau.ght from Xovembe'r 23, 1847, to March 21, 1848, 
 inclusive, a period of one hundred and tweuty-oue days, deducting Sundays. 
 She therefore taught four months of twenty-six days, according to contract. 
 
 But it is alleged by Harder that the said Mary agreed to teach Saturdays or 
 lose those days. The said ^lary denies this, and alleges that " Sattirdays " 
 were not mentioned when the contract Avas made. The affidavit of Jared N. 
 Hoadley confirms the allegations of said Mary Dwight. Hoadley swears that 
 Mary Dwight agreed to teach twenty-six days for twelve dollars, on condition 
 that she taught four months. 
 
 Hoadley's affida\it proves a contract by the month, at twelve dollars. Such 
 a contract would authorize the teacher to dismiss her school every holiday and 
 Saturday afternoon, or every alternate Saturday, according to the custom of the 
 district. And the custom of dismissing school every Saturday afternoon or 
 every alternate Saturday is a good and wholesome one. 
 
 The amoimt withheld by the trustees from Mary Dwight is $3.11. It is 
 adjudged and decreed that said Mary is entitled to receive from said trustees 
 said sum of $3. 11,. in addition to the sum of §44.89 already paid to her, and the 
 trustees are hereby ordered to pay the same to her forthwith. Per ilorgan, 
 June 7, 1848. 
 
 A teacher can only be employed by the trustees. Therefore a vote taken at a district 
 meeting to dismiss a leaclicr and substitute another in her place is illegal and void. 
 
 Samuel T. Peck and James Smith, two of the trustees of district No. 1, 
 Livingston, hired Miss Susannah Smith to teach their winter school, to com- 
 mence November 30, 18-48. IMr. Lament, the other trustee, was consulted, 
 but did not consent to the contract. 
 
 Miss Smith commenced the school in the school-house of the district, at the 
 Btipulated time. 
 
 Mr. Lament, not being satisfied with the agreement of the other trustees, 
 hired Miss Horford to teach a school in another room. 
 
 At a special meeting held in the district January 20, 1849, for the purpose 
 of voting a tax to repair the school-house, and for other purposes, a vote was 
 taken and carried to substitute Miss Horford in the school-house, as teacher, in 
 place of Miss Smith. 
 
 From this proceeding the two trustees appeal. 
 
 In employing teachers, the trustees should consult, as far as possible, the 
 wishes of the inhabitants of the district. But when the trustees have con- 
 tracted with a teacher, thereby binding themselves and the district, the 
 inhabitants cannot free themselves from the obligations thus imposed by 
 the oliicial acts of the trustees. 
 
 Teachers can be employed only by trustees.
 
 396 Teacher. 
 
 A contract made bv two trustees, tlie third being consulted, is valid ; but 
 one trustee can perform no official act witliout tlie concurrence of at least 
 another and a consultation with both. 
 
 In this case, Miss Smith was legally employed as the teacher for the district, 
 and could not be dismissed except by the trustees. Therefore the proceedings 
 of the district meeting on the 20th of January, to dismiss Miss Smith and 
 substitute Miss liorford as teacher, were illegal and void, and Miss Horford is 
 not entitled to receive any of the public money or to continue her instruction 
 iu the district school-house. Appeal sustained. Per Morgan, March 17, 1849. 
 
 Where one trustee employs a teacher without consuUinn; with his associates, and his action 
 is silently acquiesced in until the expiration of the term, their approval of the contract 
 will be implied, and they should sign an order for the public money for teachers' wages 
 when applied to. 
 
 This is an appeal taken by a teacher from the action of two of the trustees 
 of school district No. 8, in the town of Oxford, Chenango county. Said trustees 
 refuse to sign an order upon the town superintendent of Oxford for the sum of 
 $20 to compensate the appellant for her ser\nces as teacher of the school in 
 said district, upon the ground that the appellant was employed in January, 
 1854, as teacher by George Stratton, the third trustee, upon his own responsi- 
 bility, the respondents not having been informed by said Stratton of the 
 employment of the appellant, nor of the conditions either of time, wages or 
 qualifications ; and that therefore appellant is not entitled to any share of the 
 public money for the school taught by her last winter. 
 
 It appears that said Harriet Wel>b was employed by one of the trustees in 
 his official capacity to teach a public school in said district at the rate of two 
 dollars a week, and that she was so employed ten weeks. Neither of the other 
 trustees appear to have dissented. They cannot be presumed to have been 
 ignorant of the fact, and must be considered as having acquiesced. This is the 
 view which would be taken in any court of judicature having jurisdiction of 
 the case. 
 
 The appeal is therefore sustained, and the town superintendent of the town 
 of Oxford is hereby ordered to pay to the said Harriet Webb, for her services 
 as teacher in said district, the sum of $20 from the share of the public 
 money belonging to said district. Per V. M. llice, October 23, 1854. 
 
 Where two tnistees employ a teacher, without consulting the third, the contract is binding 
 only upon the trustees making the bargain, unless the conduct of the third trustee is such 
 that his acquiescence may fairly be inferred. 
 
 This is an appeal of a trustee of school district No. 6, in the town of Vernon, 
 Oneida county, from the action of his two colleagues, upon the ground that a 
 teacher has been employed to instruct the school of said district, commencing 
 on the 30th day of October last, and to continue through the winter, in and 
 relating to which engagement the appellant was not consulted, and had no 
 knowledge. The respondents acknowledge the fact as charged, pleading that 
 they had no suspicion that ho would object. 
 
 The basis of this appeal rests u]ion liroad principles, involved in the general 
 laws of trust which govern all fiduciary transactions. Contracts entered into 
 l^y all the trustees of a school district, and signed by two of them, are binding ; 
 and when so signed, the presence of the third is ])resimied until the contrary la 
 shown. Two trustees can contract against tlio will of the third, if he was duly 
 notified of a meeting of the trustees, or was consulted and refused to act. 
 (0 Wendell, 17.) 
 
 The appellant not being consulted in the contract with the teacher. Miss 
 Delia A. C. Alford, could in no sense be responsible, unless when he discovered 
 the fact lu! should have acquiesced. 
 
 Yet no fiduciary transaction can exist without all parties to it are cognizant. 
 Tlu! contract in question is binding only Avith the respondents, but is void bo 
 far as the trustees officially and the district arc concerned. 
 
 The appeal is therefore sustained. Per V. M. Kice, November 21, 185i.
 
 Teacher. 397 
 
 A consultation of two trustees, without the presence and advice of the third, can result in 
 nothinir which can be regarded as the action of the board, unless the third has been 
 regularly notified and fails to be present. 
 
 The controversy, in this case, respects the validity of the contracts \vith three 
 different teachers. No one of tlicm has been enifajied in a legal manner, for in 
 no case have the trustees met and consulted to<rether. 
 
 A consultation of two trustees nieetini'' by themselves, without the presence 
 and advice of the third, can result in nothing which can be regarded as the 
 action of the board, iinless the third trustee has been regularly notified of a 
 meeting, and continues absent after his colleagues have waited a reasonable 
 time for his attendance. 
 
 Tiie trustees cannot delegate any discretionary power to a third person to 
 execute the decision to which they may have arrived, still less can any one of 
 them do so, although they may. doubtless employ the services of a messenger 
 to convey to a i)roposed teacher intelligence of a positive and unconditional 
 determination ; but this, for the sake of certainty, and to preserve the e\ndence 
 of the matter, should be reduced to writing and authenticated by the signatures 
 of a majority. 
 
 It results in this case that, without reference to who may be the legal trustees, 
 none of them have contracted with any teacher in a manner rendering their 
 acts obligatory upon the district. Whether they have rendered themselves 
 personally responsible to the proposed teacher is a different question, which it 
 is not necessary now to consider. 
 
 The principles herein stated will guide the trustees in contracting with a 
 teacher : Any two of them may fix the time and place of a meeting for the 
 purpose of acting upon this subject, giving tlie tliird trustee not less than 
 forty-eight hom-s' notice of the time and place fixed upon, and the object of the 
 meeting. 
 
 They should examine the certificates of such teachers as may be proposed, 
 and receive from them written propositions specifying the period for which they 
 offer to teach, the amount of their salary, and the manner in which they are 
 to be paid ; and should make and sign a written memorandum — indorsed upon 
 the written proposition which may be accepted, or repeating it in terms which 
 will identify it — of their action in the premises, filing the same with the 
 district clerk. 
 
 This appeal is sustained. Per V. M. Rice, February 23, 1855. 
 
 The vote of a district meeting to hire a certain teacher has no legal hindins^ force upon the 
 trustees, even though they may have agreed to abide such result. 
 
 A district meeting, by a unanimous vote, selected a teacher, and the trustees 
 had agreed to abide by such a decision ; they, however, employed another 
 teacher, and certain of the inhabitants of the district appeal against the pro- 
 ceedings of the trustees. 
 
 lldd, that the agreement by the trustees to abide by the decision of the dis- 
 trict was of no legal consequence, as the selection of a teacher belongs to the 
 trustees. This department cannot annul a legal contract \vith a teacher ; it 
 can only be done by some positive ^^olation of duty on his part. Per V. M. 
 Rice, Superintendent, December 9, 185G. 
 
 The consent of three trustees, separately given to hire a teacher, does not make a legal 
 
 contract. 
 
 This is an appeal of J. E., one of the trustees, from the act of his associates 
 in hiring a teacher. 
 
 Tiiero is but one question formally before the department, and that is the 
 legality of hiring the teacher. He was hired, as is customary in school dis- 
 tricts, by going from one to another of the trustees, and getting the consent of 
 each to his having the school. This is not a legal proceeding. In a circular 
 issued by the Superintendent May 31, 1858, the ibllowng language was used-
 
 398 Teachee. 
 
 " No official act will be regarded by this department as valid, -where it is shown 
 that the same was not determined upon bj a majority of tlie board, at a meet- 
 ing duly called." It was considered that mider the law of April 12, 1858, if a 
 district should elect three trustees, it would be because they deemed the action 
 of three men indispensable to the welfare of the district. The assent of each 
 separately taken is not a compliance with the law. I have no choice, there- 
 fore, but to say that no legal contract was made with the teacher. Per E. W. 
 Keyes, Deputy Superintendent, March 7 1860. 
 
 Two of the trustees cannot hire a teacher without consultation with the third. 
 
 This is an appeal from the proceedings of tAvo of the trustees in hiring a 
 teacher. 
 
 The difficulty that gives rise to this appeal proceeds directly from the vicious 
 and useless practice of haying three trustees to do the business that one could 
 better do alone. Where there are tlirce trustees it is very commonly the prac- 
 tice for two of them to agree tipon some teacher who is afterward hired 
 by one of them. jMeantime one of the trustees becomes dissatisfied and 
 unites with the tliii'd iu hiring some other teacher. Of course a conflict of 
 authority arises, the neighboriiood is divided and the prosperity of the school 
 is impaired. 
 
 The evidence in this case shows that there has never been a meeting and 
 consultation of the three trustees in relation to hiring a teacher at which any 
 agreement, has been had. It appears, liowever, that two of the trustees agreed 
 to hire a certain teaclier, but as the assent of the third trustee is nowhere estab- 
 lished in such manner as to make the transaction legal, I must hold that the 
 contract entered into cannot be enforced. Per V. AI. Ilice, Superintendent, 
 April 7, 1S62. 
 
 Wliere a teacher has, in good faith, fulfilled a contract to teach, entered into with one trus- 
 tee, the otliera not dissenting, the contract will be enforced without regard to irregularities 
 in its inception. 
 
 It appears, in this case, that the business of hiring a teacher devolved, 
 by common consent, if not by express direction, iipou one of the trtistees. He 
 agreed with the teacher to pay her two dollars per week if the number of 
 scholars did not exceed eighteen, and two dollars and twenty-live cents per 
 week if the number was more than eighteen. The number attending was con- 
 siderably more than eighteen, and the teacher claims the advance wages as 
 agreed upon. The present trustees refuse to allow her more than two dollars 
 per week. 
 
 In tlio opinion of this department, there is nothing to justify any interference 
 with the contract tliat would not equally justii'y setting aside the whole pro- 
 ceedings. That there Avere grave irregularities in tlie course pursued is appar- 
 ent, but for these, and the conseqtienccs and misapprehensions resulting 
 therefrom, the trustees arc alone responsible. Tliey cannot plead their own 
 neglect, nor tliat of their predecessors, as a sufficient ground for not fulfilling o 
 contract duly executed l)y the party with whom it was made. The proccedinga 
 might be entirely set aside if their legal bearings alone were to be considered, 
 but the teaclier would still have a valid claim against the district for services 
 rendered, the amount of Avhich would have to be determined by com]:ietent 
 authority, and I cannot think the aw.nrd would be less than that already 
 agreed upon. In this view of the case, I cannot find sufficient reason for dis- 
 turbing the contract made by the teacher with the trustee as above stated. 
 She, having fulfilled her engagement in good faith, should not be made to 
 Bufter for the neglect of the trustees to proceed in a formal and legal manner. 
 The trustees are, tliereforc, directed to give the teacher an order for her wages 
 at two dollars and twenty-five cents per Aveek, the amount agreed upon in tho 
 contract. Per II. IT. Van Dyck, Superintendent, February IG, 1858.
 
 Teachee. 399 
 
 Wliere one of the trustees is delegated to make known to teacher? the conditions of enjrajje- 
 ment to toach, he acts as aL'ent for the whole board, and the board is bound by the terms 
 of agreement as stated by him and accepted by the teachers. 
 
 Oa an appeal from the action of the trustees in discharffinsr certain teachers 
 from employment before the close of their enjiajrement, the (juestion before 
 the department is v.hother the act of the trnstec-s in discharfrino^ said teachers 
 was or was not in violation of the contract entered into with them. 
 
 The followinsf facts are disclosed by the testimony submitted : 
 
 1. On the 19th of September, 1861, the trustees, at a meetintr duly held, all 
 being i>re3ent, passed a series of resolutions, to the effect that it was the mind 
 of the board to employ as teachers in the different departments of tlie district 
 school the appellants in this case, for the term commencing October 1, then 
 ensuing, at wages named in the resolutions, and subject to the condition of a 
 liability to be discharged if they shoidd fail to hll their situations respectively 
 to the satisfaction of the trustees. 
 
 2. G., one of the trustees, was formally or informally autliorized to contract 
 with the appellants under the authority of said resolutions. 
 
 3. The said appellants were employed by the trustee above named, but 
 without any intimation on his part that any such condition as that named in 
 the resolution, relating to the tenure of their term of service being dependent 
 upon giving satisfaction to the trustees, was a part of the contract. Each 
 of the teachers on her part consented to an engagement understood to be for a 
 term of sis months, at wages specified, and subject only to the ordinary con- 
 ditions that attach to any such contract. 
 
 4. The appellants entered upon their term of engagement, and discharged 
 their duties to the evident and expressed satisfaction of the trustees until 
 December 10. On that day the trustees adopted resolittions to the effect that 
 the teachers tlien employed had failed to give satisfaction, and that the school 
 be closed and the teachers discharged on tlie Friday following, December I'd. 
 
 5. Notice was given to the appellants respectively of tliese resolutions, and 
 causes of their discharge diily assigned, and they were directed to leave the 
 school ; but, by the advice of the dissenting trustee, they still continue in pos- 
 session, and to discharge their duties as heretofore. 
 
 The t^uestion before the department, as previously stated, relates to the just 
 and legal claim of these teachers for a continuance of their services in said 
 school itntil tin; expiration of six months, and for the wages agreed to be paid 
 to them for such term. 
 
 In regard to this claim, it must be determined by the principles that govern 
 and control the relations of principal and agent. The said trustee G., in con- 
 tracting with these teachers, acted as agent for the board of trustees. In con- 
 sidering how far the act of the agent is binding upon the principal we are not 
 to look so much to the actual authority conferred, as to what third parties may 
 reasonably have supposed the agent to be invested with. Xo principle of law 
 is better established than this, it having been repeatedly affirmed by the 
 highest courts. The teachers had a right to presume that the terms offered to 
 them were authorized by the board of trustees. They assented to no other 
 terms than these, hence were parties to no other contract. They cannot be 
 permitted to suffer from the laches of the board, who permitted them to take 
 their situations without informing them of the terms prescribed by the 
 resolutions. 
 
 A contract made with a person authorized to represent the tru-stees is bind- 
 ing upon them, though contrary to the letter of their instructions. If any 
 damage results to the trustees from this disregard of their instructions, the 
 agent is responsible to them, but the trustees cannot shield themselves from 
 responsibility to the teachers. 
 
 The conclusion is, therefore, that tlie contract with the appellant for a term 
 of six months is valid and binding upon the trustees, and the services of these 
 teachers cannot be discontinued before the expiration of said term. 
 
 Appeal sustained. Per E. W. Keyes, Acting Superintendent, Januarv 2d, 
 1862.
 
 400 Teachek. 
 
 Where two tnistccs, in the temporary absence of the third, hired a teacher, lidd, that the 
 contract was not valid for a longer time than the majority of the trustees saw fit to 
 continue the services of the teaclier. 
 
 This is the appeal of H. S., a teacher, from the action of the trustees in dis- 
 charging him from employment as teacher before the expiration of his alleged 
 term of engagement. 
 
 The following are the material facts : At the annual district meeting, G. B. 
 was elected trustee for three years. 
 
 At t-his meeting the appellant was present and urged P., one of the trustees 
 holding over, to decide upon his application to teach the school for the ensuing 
 winter term. B., the trustee elected that evening, was then absent from the 
 district and could not bo consulted. 
 
 Upon tlie suggestion, however, of the appellant, the two trustees holding 
 over conferred in regard to hiring the appellant to teach the winter school. 
 The result was that the appellant was employed by them, and he commenced 
 his term of service on the 2(1 of November following. 
 
 On the 15th of February, at a meeting of the trustees, it was resolved to dis- 
 continue the services of the said H. S. from that time, one of the trustees 
 dissenting. 
 
 The appellant alleges that his contract was for a term of 100 days, and asks 
 to be allowed to complete the full term of his engagement or to receive pay 
 therefor according to the terms of his contract. 
 
 It is a principle well established that two trustees cannot act without con- 
 suiting with the third, or giving him notice of consultation and action. Per 
 E. W. Keyes, Deputy Superintendent, April 2G, 1864. 
 
 A contract made with a teacher by two of the trustees, without consultation with the third, 
 may be confirmed subsequently by talcing the proper legal steps. 
 
 Concerning the hiring of a teaclier, it is necessary that the trustees meet to 
 call a meeting to act upon the contract. They may pass a resolution confirm- 
 ing the contract already made by two of the trustees, but until such action 
 has been had the contract has no binding validity. Per H. II. Van Dyck, 
 Superintendent, January 9, 1861. 
 
 Where an outgoing trustee, in answer to an application of a teacher for the winter scliool, 
 says that if he had the power to contract he would hire him, it is not a contract, even 
 though the trustee had authority to hire. 
 
 The appellant called upon the trustee for the purpose of securing the school 
 for the ensuing term. The trustee was favorable to hiring him, but expressed 
 a doubt as to his having the right to contract with him for a term to com- 
 mence after his own sliould expire ; but said lie would contract with him, if he 
 was assured that he had the legal right to do so. The teacher regards this as 
 a contract, and claims enforcement of it. 
 
 The department has ever discountenanced the policy of tying the hands of 
 the trustee newly elected to otfice, thus making him, or his administration, 
 responsible for a policy initiated by his predecessor. Whatever features of 
 legal construction leading to diiferent conclusions the question may have, the 
 department will leave to the courts to decide. 
 
 But that question aside, or even determined according to the construction of 
 the ai)i)ellant, I cannot find in what transpired between him and the outgoing 
 trustee that which comprises the essential element of a contract. There is, 
 therefore, in my view, no occasion for the interference of this department. Per 
 E. W. Keyes, Deputy Superintendent, December 1, 1859. 
 
 Under certain circumstances, the action of one of two trustees in hiring a teacher will ho 
 
 sustained. 
 
 Tills is an appeal from the action of one of the trustees in hiring a teacher. 
 
 There are but two legal trustees in tlie district, and they are unable to 
 agree in the matter of liiring a teacher. N. G., one of the trustees, gave notice 
 to Q. K., the other trustee, of a meeting of the two to act upon the question.
 
 Teacher. 401 
 
 but the said G. K. nepflected to attend. Thereupon, the other trustee took the 
 responsibility and hired a teacher, and, from his action, this appeal is broufrht. 
 The hirinfj of this teacher, thon<rh irresjular, a]ipears to meet the approval 
 of a ^roat majority of the patrons of the school ; and, this beings the case, and 
 the proceedinji:, at the time, being demanded as the only practical mode of 
 extricatiuff the district from its embarrassment and liaving a school, the 
 same is lu-reby api)rov'cd, and the appeal is dismissed. Per H. II. Van Dyck 
 Superintendent, February 14, 1801. 
 
 Trustees have no right to employ teachers related to them within two degrees, except by 
 consent of two-thirds of the legal voters of the district. 
 
 By a reference to section 9, chapter G47, Laws of 1865, you will see that a 
 trustee has no right to employ his son-in-law to teach the district school, except 
 he has consent of two-thirds of the legal voters present at any annual or special 
 meeting voting on the subject. A son-in-law is by marriage related in the first 
 degree. Per S. D. Barr, Deputy Superintendent, October 2G, 18G5. {Letters, vol. 
 4, p. 400.) 
 
 The approval of hiring certain relations for teachers must be had by a two-thirds vote at a 
 
 district meeting. 
 
 Under the statute of 18G4, the approval of a majority of the inhabitants 
 (voters) of a school district, in my judgment, corrects the disability of relation- 
 ship in the hiring of a teacher, and it cannot affect the question that such 
 approval is given at any time subsequent to such hiring. 
 
 The law has been amended now, so that in future such approval must be 
 had by a two-thirds vote, at a district meeting. Per V. M. Kice, Superin- 
 tendent, May 8, 18G5. {Letters, vol. 4, p. G7.) 
 
 Tnistces of union free schools may hire teachers related to them within two degrees. 
 
 It has been held by the Superintendent that the provision of the general 
 Bchool law prohibiting trustees from employing teachers who are related to 
 them within two degrees, Avithout first obtaining the consent of two-thirds of 
 the inhabitants, does not apjdy to union free schools, or to schools under 
 special act of the Legislature. The general rule governing such cases is, that 
 when the special or union free school act is silent upon a given question, then 
 the provisions of the general act will apply, unless they are incompatible with 
 the provisions of the special or free school acts. The restriction contained 
 in the general act in regard to the hiring of teachers, if it applied to all union 
 free school districts and to districts under special acts, would frequently cause 
 these districts much trouble, for these reasons : 
 
 1. The board of education consists usually of not less than nine members, 
 and therefore under such a restriction a much larger class of teachers would 
 be excluded than in ordinary districts ; 
 
 2. These disti'icts are usually much lai'ger and more populous than ordinary 
 school districts, many of them having a population of over ten thousand 
 inhabitants, and it would be therefore a great hardshiii, if not impossibility, to 
 call a special meeting of the inhabitants to legalize the hiring of one of the 
 relatives of a trustee, as provided in the general act. 
 
 For these reasons, as well as others that might be mentioned, I uniformly 
 liold that the provisions of the general school act before referred to do not 
 apply to such districts as are organized under special act, or as union free 
 schools. Per V M. Kice, Superintendent, July 11, 18G6. {Letters, vol. 5, p. 50G.) 
 
 Uncles and cousins of any person arc not related to him in the second degree. 
 
 Neither uncles nor cousins of any person are related to him in the second 
 degree, according to the ci^nsanguinity tables in use in this State. Within the 
 second degree are included fathers and mothers, sons and daughters, brothers 
 and sisters, both by blood and marriage. Per V. M. Rice, Superintendent, 
 January 11, 1866. {Letters, vol. 5, p. 54.) 
 
 61
 
 402 Teach EK. 
 
 Trustees caunot offset against the wajjcs of a teacher a note of his which they or either of 
 them have purchased. 
 
 The appellant alleges that the trustees offer, in part discharg-e of the wage3 
 due him as teacher in the district, two notes given by liim to other parties, and 
 purchased by them. 
 
 • cTlie only question is : Are these notes a valid and legal tender to the teacher 
 in liquidation of his claim '! I must answer, they are not. The district owes 
 the teacher a certain sum. That sum he is entitled to collect ; and it cannot 
 be offset by any claims, however valid and just, of third parties. The trustees 
 hold those notes only in their individual capacity ; they owe the teacher only 
 as agents of the district, and they cannot offset their private claims against 
 the debts owing by them in their fiduciary capacity. Were the teacher to sue 
 the trustees for the balance of his wages, no court would allow these notes as 
 an offset for any part of his claim. Per H. II. Van Dyck, Superintendent, 
 June 6, 1860. 
 
 If a teacher engages to teach by the month, the legal holidays will be allowed him. Three 
 months from December 5, ISf'A, extend to and include March 4, 1S65. 
 
 From December 5, 18G4, for the next three months, there are only three 
 legal holidays, Christmas, New Year's and Washington's birthday, and such 
 school holidays as custom or express agreement has sanctioned in tlie district, 
 together with any thanksgiving or fast days occurring within the term and 
 appointed by the President or Governor. 
 
 If the teacher keeps the scliool open on a holiday, ho is not entitled to havo 
 such day's service counted in lieu of another day not a holiday, except by 
 agreement with the trustees. 
 
 The statute provides, section 7, article 1, title 3, chapter 555, Laws of 18G4 
 that a deficiency, of not more than three weeks in the twenty-eight weeks 
 required by law for the school year, shall be excused when such deficiency 
 was caused by the attendance of the teacher at an institute during his term. 
 The trustees may allow the teacher the time or not, as thev shall elect. Per 
 V. M. IJice, Superintendent. March 15, 1805. {Letters, vol. 3, ;^. 703.) 
 
 The word "mouth," in law, means a calendar month of thirty days. 
 
 The word "month," in law, means a cah.-ndar month of thirty days. I can- 
 not tell you the number of days in a school month. If we accept this, " from 
 a given day in one month to the same day in the following month is a month," 
 then the month will vary as to the number of days for school according to the 
 number of Sundays, legal holidays and Saturdays allowed to the teacher. Per 
 E. W. Keyes, Deputy Superintendent, April 13, 18G5. {Letters, vol. 4, p. 32.) 
 
 Discharge of a teacher before the e.xpiration of his term— when justifiable. 
 
 A teacher appeals from the action of the trustees in discharging him from 
 school before tlie close of the term of his engagement. 
 
 A contract \ntli a teacher, without expi'cssed conditions, is to be interpreted 
 by the conditions implied in the very nature of the contract, and the purposes 
 for whicli it is ent(U"ed into. Every such contract impli(;s distinctly that the 
 teacher employed possesses the essentials of moral character, learning, ability 
 and will. The license which he holds from the i)roi)(U" oiiicer is prima facie 
 evidence, only, that the apjilicant possess(>s tlu^se requisites, Init it is not con- 
 clusive ; the presumption raised by it may be rebutted by direct evidence, 
 tending to show that tlie holder of such license lacks any or all of these quali- 
 fications. The question now raised is upon the proceedings to l)e had, in order 
 legally to cfTect a dissolution of a contract mad(! with a teacher found or 
 believi'd to i)e destitute of any of the essential qualifications for his position. 
 The manner of proceeding ui)on an application to the ])ro])er authority for an 
 annulment of the licenssi lield by the teacher is scit forth with sutlicient clear- 
 ness in another part of tlio Code of Public Instruction. The annulment of the
 
 Teacher. 403 
 
 license dissolves all contracts entered into by virtue of its sanction. Bat can 
 the fulfillment of a contract be avoided only in this way ? Until the license is 
 revoked, are the trustees bound to retain a teacher obnoxious to the district 
 through immorality, ignorance, or inefficiency? The affirmative of tliis is a 
 too popular fallacy. Tlie admission of it would be a subversion of the principles 
 already enunchxted as pertaining to the essential nature of the contract. It 
 cannot be supposed that in case a charge of. gross immorality, specifically 
 urged, carrying with it a strong presumption of its truth, were brought against 
 a teacher, the trustees must wait for the tedious delay of a formal hearing in 
 tlie case before a commis.sioner, and abide the event, wliicli may be determined 
 through inefficiency of evidence, while the moral conviction of the trutli of tho 
 charge.^ preferred is still strong and abiding. The presence among pupils of 
 a teacher against whom sucli suspicions rest must of itself, from tiie. sugges- 
 tions to which it would give rise, promote conditions of mind opposed to the 
 development of virtue and purity of heart. This consideration alone would 
 justify the trustees in a summary dismissal of the teacher. This, to be sure, ia 
 an extreme case, but it is sufficient to illustrate and to establish tho principle 
 advanced, that the trustees may be justified in the discharge of a teaclu'r before 
 the close of the terra specified in his contract. In determining what consti- 
 tutes such justification, it is difficult, not to »ay impossible, to establish uniform 
 rules. The decision as to the propi'iety of the act, and the power to perform 
 it, rests with the trustees. For an abuse of their discretion, or an unwarrant- 
 able exercise of their autliority, they are, of course, responsible. On tlie com- 
 plaint of the party sustaining what he considers a grievance or wrong, the 
 issue becomes one of fact, and it devolves upon the trustees to show by evidence 
 that the teacher lacked the character, the ability, or the will, essential to a 
 proper discharge of his duties, and that he failed thus to fulfill the obviously 
 implied conditions of his contract. The mere fact of dissatisfaction on their 
 part, or that of the inhabitants, is not sufficient to justify the discharge of a 
 teacher employed for a definite period. 
 
 The tribunal before whom the action is brought, as the court, a jury, or this 
 department, are the constituted judges of fact, and will determine, from tho 
 evidence presented, wh(!th(!r the incompetence of the teacher, as resulting from 
 "ignorance or inditil;reuce, is fully proved, and hence his discharge, upon tho 
 groilnds of a violated contract, clearly justified. 
 
 In the present case, the trustees offer evidence bearing upon the manage- 
 ment and general deportment of the appellant in the school-room, and in his 
 intercourse with the pupils, tending, to show disregard to the proprieties and 
 courtesies incident to his responsible position. Trifling and irrelevant conver- 
 E-ation oft indulged and long continued with the i)upils in scliool hours ; prying 
 and impertinent questions in regard to domestic affairs ; low, and, at the least, 
 Buggestively vulgar, remarks to the older female pupils ; rude, boisterous and 
 harsh language as a means of, or substitute for, discipline, are alleged and 
 proved by tiie testimony of his pupils with a circumstantial minuteness that 
 requires emphatic denial or plausible explanation to invalidate or palliate. 
 The vague declaration concerning the colorable nature of the testimony, and 
 the affidavits relative to the satisfaction uniformly attending his engage- 
 ments as a teacher heretofore in the same vicinity, which arc introduced by 
 the appellant, are insufficient to rebut the presumption, raised by tho evidence 
 submitted to the trustees, that they were justified in their dismissal of the 
 appellant. 
 
 1 must, therefore, hold that the trustees proceeded with full and sufficient 
 justification, and decline to interfere with their action. Per II. II. Van Dyck, 
 Superintendent, April 13, 1858. 
 
 Where a teacher leaves a school voluntarily before the close of the term for which she was 
 cnfjaircd, even at the request of the trustees, she can recover wages only for the tims 
 actually taught. 
 
 This is an appeal from the refusal of the trustees to pay the full amount of 
 wages claimed for services as teacher.
 
 404 Teacher. 
 
 The appellant alleges tliat she was hired for a term of two months, at three 
 dollars per week, and that at the end of four weeks she was discharged from 
 said school, or was comiDelled to leave, and she now asks that the trustees bo 
 directed to pay her wages for the full term. 
 
 I think the appellant fails to prove that she was discharged, or was under 
 any moral or physical compulsion to leave. The trustees desired her to leave, 
 and so expressed themselves to her. But she was unwilling, and they did not 
 insist. She afterward determined to leave, and sent for one of the trustees to 
 take her home. This action on the part of the trustees cannot be considered 
 as a breach of the contract. Her yielding to their suggestion to abandon the 
 school was not compulsory. The trustees must pay the teacher for the time 
 she taught, and she must be content with that. Per E. \V. Keyes, Deputy • 
 Superintendent, April 27, 1860. 
 
 Dismissal of a teacher before the expiration of his term of engagement. 
 
 On the appeal of J. A., a teacher, from the action of the trustees in discharg- 
 ing him before the expiration of the term for which he was engaged, it appears 
 that Mr. A. was engaged to teach the school for four months, for the sum of 
 $60, and that after teacliing two months and nine days he was discharged. 
 Also that he has been ready at all times to fulfill his contract, but has been 
 prevented from so doing by the trustees. The trustees justify their action 
 upon the ground of the incompetency of the appellant. 
 
 The incompetency of the appellant I do not think so conclusively proved as 
 to sustain the presumption of a non-fulfillment of contract by him, though 
 from the testimony on both sides I am disposed to rate him considerably below 
 the grade of a first-class teacher. Still, the trustees can hardly expect to get 
 all the manly and .scholarly virtues for $15 per month. They paid him just 
 average wages, and I should infer from the testimony that he taught j ust about 
 an average school. 
 
 I cannot, therefore, find sufficient justification for the discharge of the 
 appellant, and must declare my con%action that he is entitled to the sixty 
 dollars agreed to be paid. Per H. H. Van Dyck, Superintendent, March I'd, 
 1860. / 
 
 Where a teacher is engaged with the nnderstanding that she may be discharged at the end 
 of one month if her teacliing is unsatisfactory, it will be implied that the engagement is 
 for the ordinary term, and, if no dissatisfaction is expressed at the end of the month, she 
 cannot be discharged subsequently to that time. 
 
 Both parties concur in the statement that the positive engagement was for 
 one month only, during which time the trustees were to determine whether to 
 continue her or not. The appellant avers and the respondents deny an agree- 
 ment to retain her tliree months longer if she gave satisfaction during the 
 first month. No dissatisfaction was exjjressod, however, till some time after 
 the expiration of the month, when the trustees discharged her. 
 
 Ifi:ld. that the fact of their reserving a month in which to observe the 
 success of the teacher im])]ied the expectation, on the part of the trustees, 
 of retaining her for the ordinary summer term if her teaching was satisfactory. 
 Upon this expectation she would naturally rely in the absence of any notice 
 to close school at the end of tlic first month. They did agree to determine 
 upon her qualifications daring the first month, and they could not, without an 
 arrangemtmt with her to that effect, prolong the period of their observations 
 indefinitely, and discliargc her at their discretion. A month is certainly long 
 cnougli to tfist a teacher's ability, and the trustees were bound in good faith to 
 give tlieir decision at that time. 
 
 In tlie present case tlic action of the trustees was wrong, and they aro 
 directed to reinstate the teaclier until slie shall have comidcted the ordinary 
 •summer term of four months. Per II. II. Van Dyck, Superintendent, August 
 17, 1857.
 
 Teaciieu. 405 
 
 Where a teacher after teaching three da3's of his term found the sschool-honse locked ai^ainst 
 him. and wiihout applyina: to the trutiice he left and made no demaud tor opportuiiiiy to 
 continue his school until fifteen days afterward, held, that he had abandoned the contract 
 voluntarily. 
 
 This is au apiwal from the refusal of the trustee to carry out a contract made 
 by a former trustee with the appellant. 
 
 The appellant fails to establish that the contract was first violated by the 
 trustee. He admits that he was suflered to occupy tltu school-house for three 
 days, and that then the door was locked ao;aiust him. He does not say by 
 whom this was done, and admits that the first demand he made upon the trustee 
 for opportunity to continue his school was fifteen days after the time at which 
 he alleges the door was closed against him. There is no evidence produced 
 by him that he sought any opportunity to continue his engagement, or made 
 any demand for such opportunity, prior to the expiration of tiftecn days. This 
 I think effectually concludes the case against him. By all ordinary construc- 
 tion and usage I think tliis must be regarded as an abandonment of the con- 
 tract on his part, which left the district to enter into another engagement. Per 
 H. H. Van Dyck, Superintendent, March oO, 18U1. 
 
 Difference of opinion between the tercher and the trustee concerning the proper disci- 
 pline of the school does not justifj' the removal of the former before the expiration of his 
 term. 
 
 This is an appeal from the action of the sole trustee, in discharging the teacher 
 before the expiration of his term of engagement. The justification set up by the 
 trustee for the discharge of the teacher is that there was some difficulty in 
 the school upon matters of discipline ; that the trustee and the inhabitants 
 desired the teacher to alter his rules of discipline, which he refused to do, and 
 was consequently discharged. 
 
 The justification is insufficient, or rather what is alleged as justification \a 
 no justification at all. Even granting the teacher was indiscreet and impolitic 
 in his management, it does not afiford justification for discharge. There has 
 been no such dejjarture from propriety as to constitute any violation of the 
 contract on his part, and so long as this was the case the district was bound 
 by the agreement. Appeal sustained. Per E. W. Keyes, Deputy Superin- 
 tendent, April 28, 1863. 
 
 Where a teacher leaves his school before his term of engagement is concluded, because 
 the trustees will not sustain him in the enforcement of reasonable rules, he is entitled to 
 ■wages for the time taught. 
 
 On an appeal of the teacher from the refusal of the trustees to pay him the 
 sum of thirty dollars and sixty-six cents, earned by him as" teacher of the 
 district school, it appears that he had been hired for the term of three montlis, 
 by the trustees, at the rate of sixteen dollars per month. It further appears 
 that one of the pupils was guilty of insubordination, in openly and flagrantly 
 disobeying the orders of the teacher, and he being a large, stout lad, the 
 teacher wished to avoid personal conflict with him, and so called upon the 
 trustees to interfere, and assist him in securing obedience. But they refused 
 to give him any assistance ; and he, deeming his services under such a condi- 
 tion of things of no value to the district, left the school. 
 
 1 cannot but think the trustees erred in their estimate of their powers and 
 duties, in this case. The teacher is held responsible for the educational 
 development of his pupils, and he is, therefore, entitled to the aid and support 
 of the trustees in carrying out all reasonable and judicious plans for tlie pro. 
 motion of- this object. When, therefore, the trustees refused to su.stain the 
 teacher in his requirements, he could not but see that his plans for the educa- 
 tional development of his pupils were frustrated, and his usefulness, to a great 
 extent, destroyed. 
 
 The provocation to leave was serious, and I believe the act justifiable. It 
 certainly is not just, wliatever be the technicalities of law in tlie case, to 
 deprive the teacher of wages for services actually rendered. Only under
 
 406 Teacher. 
 
 circumstances of agg:ravated injury to the district should the trustees be wil 
 ling to take any mean advantage of technical construction, and deprive tho 
 teacher of wages honestly and faithfully earned. 
 
 Under the circumstances, therefore, it is my judgment that the appellant is 
 entitled to the sum claimed by him. Per H. H. Van Dyck, Superintendent, 
 July 25, 1859. 
 
 A teacher who closes his school upon other than legally authorized days for closiiifr. with- 
 out the consent of the trustees, abandons his contract and is liable to be superseded. 
 
 This is an appeal of V. H., a teacher, from the action of the sole trustee in 
 discharging him from the school before the term of his contract had expired. 
 
 On a careful examination of the statements I discover two facts, viz., that 
 the appellant dismissed his school on Ttiesday, January 24tli, 18G0, for the rest 
 of the week, without permission from the trustee, but rather in opposition to his 
 expressed wishes, and that on Thursday, January 26th, the trustee discharged 
 him from the remainder of his engagement. 
 
 Among the clearly implied conditions of every contract to teach is this one, 
 that the school shall be regularly taught from the beginning of the term until 
 its close. The teacher cannot, therefore, close his school except upon the 
 regularly appointed days, tmless with the approval of the trustee. In doing 
 so^he renders himself liable to the charge of abandoning the contract, and the 
 trustee has the legal right to regard the contract as concluded. Per H. H. 
 Van Dyck, Superintendent, March 21, 18G0. 
 
 A teacher who closes his school for any time other than the legal holidays or Saturdays 
 allowed him. without the consent of the trustees, abandons his contract and forfeits tho 
 balance of his engagement. 
 
 On an appeal from the action of the trustees, in discharging a tcaclier before 
 his term of service had expired, it appears tliat the appellant was hired to 
 teach tlie school during the winter term of three and one half months, and 
 that lie commenced his term November 17, and taught till December 24. He 
 then closed his school for a vacation during the holidays, gi\ing notice that 
 school would commence again January 5. This vacation was not provided for 
 in his contract with the trustees, nor were they consulted concerning it, or 
 even notified by the teacher of his intention in regard to it. On returning to 
 the district to resume his labors, he Avas informed by the trustees that his 
 services were no longer required, and from this decision he brings an appeal. 
 
 The ai)pellant, by his own showing, has abandoned his contract, and forfeited 
 all riglits under and by virtue of it, by closing his school without permission 
 first oTjtained from the trustees. The teaclier who closes his scliool for a single 
 day not recognized as his by the stattite or in his agreeiiicnt, Avithout the con- 
 Bcnt of the trustees, does so at his peril, for in such case the trustees may 
 regard the contract as terminated, and employ another teacher. Appeal dis- 
 missed. Per V. M. Kice, Superintendent, March 27, 18G3. 
 
 A candidate for a teacher's certificate should be examined as to learning, morals and ability 
 
 to teach. , ,- .• 
 
 Wlieri a candidaite is refused a certificate on the alleged ground of " feelings of dissatis- 
 faction on the part of some of the patrons of tlic school," a new examination will bo 
 ordered. 
 
 The town superintendent of Burns, Allegany county, refused Miss Jano 
 E. Gilbert a certificate of qualification as a teacher, from which refusal she 
 appealed. 
 
 The evidence in this case renders it exceedingly diflicult to ascertain pre- 
 cisely upon wliat grounds Miss Gilbert was refused a certificate. It tends^ to 
 bIiow tliat tlie superintendent expressed liimself satisfied with her education 
 and literary acquirements. If he entertained doubts as to her capacity to 
 impart instruction, the testimony fails to show that he took proper measures, 
 by visiting lier school or otherwise, to arrive at an intelligent conclusion on 
 this point. In a letter to her, ho referred to " feelings of dissatisfaction on
 
 Teacher. 407 
 
 the part of the patrons of the school " as having been considered by him in 
 arriving at his determination to withhold a certificate. Such feelings or 
 opinions were no proper guide to the superintendent, and should have had no 
 other effect than to induce greater care to examine tlie foundation of them for 
 himself, and decide upon his own knowledge and responsibility. Tiieir 
 existence may be a proper element of consideration, in determining the trus- 
 tees of a particular district to forego the services of a qualified teacher, but 
 they are no test of competency, and should not have the effect (as they do, 
 if adopted by the superintendent) of excluding a teacher from every district 
 in the town. It follows that no good reason has been shown on the part of 
 the superintendent for withholding the certificate. On the other hand, it is 
 possible that his conclusion is correct, although founded upon insufficient 
 evidence ; and there is not such affirmative testimony of Miss Gilbert's entire 
 fitness to teach, before the department, as to wan-ant it in ordering tlie super- 
 intendent to certify to her qualifications. To justify this, it should have such 
 knowledge as would induce the State Superintendent himself to grant a 
 certificate. 
 
 The appeal can be sustained only so far as to relieve Miss Gilbert from the 
 imputation that a valid judgment has been passed against her qualifications. 
 Perhaps this condition of tilings should be satisfactory, as she is entitled, of 
 course, to an examination in any other town where she may be a candidate 
 for employment as an instructress. If, however, she is still desirous to act as 
 a teacher in the town of Burns, she may present herself for examination 
 before Wm. W. Payne, late town superintendent of Burns, Samuel W. Swaine, 
 of Swainsville, and any other of the former superintendents of Burns whom 
 those gentlemen (who are hereby requested to act in the premises) may select. 
 They will, in case of their acceptance of this commission, appoint a time and 
 place for sucli examination, and cause reasonable notice thereof to be given 
 to Mr. Whitney, that he may attend the same, if so disposed. All further 
 directions are reserved until the coming in of the report of such committee, or 
 further order. Per V. M. Rice, December 7, 1855. 
 
 The infliction upon a pupil of nnnecessary and cruel punishment is good cause for annulling 
 a teacher's certificate. 
 
 A teacher, for an act of disobedience, ordered a boy, fifteen years of age, to 
 hold out a book, of the ordinary size used in schools, at arm's length, level 
 with his shoulder. The boy, after holding it in that position from five to eight 
 or ten minutes, let it fall and said he could not hold it any longer. On being 
 ordered to hold it out again, he peremptorily refused. The teacher, then, with 
 a curled maple rule, over twenty inches long, one and three-quarters wide, and 
 half an inch tliick, struck him from fifteen to twenty blows on his back and 
 thighs, and in so severe a manner as to disable liim from leaving scliool with- 
 out assistance. A physician was called and found his back and limbs badly 
 bruised and swollen. The teacher on the succeeding day sent to him a physi- 
 cian, who pronounced him " very badly bruised." It was ten or twelve days 
 before he so far recovered as to be able to attend school. 
 
 The Superintendent expresses his uncjualified disapprobation of a punish- 
 ment so severe and unreasonable. If the disobedience of the boy had been the 
 result of sheer obstinacy and willfulness, it could not justify the infliction of 
 fifteen or twenty blows with such a bludgeon, upon the back and limbs of the 
 boy, disabling liim for a fortnight. Sucli a measure of punishment for such 
 an offense would be suflacient ground for annulling a certificate. Per Young, 
 March 29, 1843. 
 
 The department will annul the certificate of a teacher for cruel and unreasonable discipline 
 in the government of a school. 
 
 Mr. Bly was employed as a teacher in district No. 7, Amity, by the trustees, 
 on the 4tli of December last, and soon afterward commenced his school, under 
 a certificate of qualification granted by the town superintendent. From the
 
 408 Teacheb. 
 
 statement of tlie respondents, in answer to the appeal, it appears " that much 
 dissatisfaction prevailed in the district, on account of the severe, not to say 
 outrageous, manner pursued by the teaclier in puuisliing tlie scholars." And on 
 a visitation of the school on the day above referred to by the town and county 
 superintendent, but twenty-eight out of fifty-eight children on the teacher's 
 list were present. " The great part of the absentees, Ely acknowledged, had 
 been driven from the school in consequence of his severity, etc. He also 
 remarked to us, that ' if he could get rid of a few more, he thought he could 
 govern the rest.' " 
 
 The respondents further state, during the [examination " the greatest con- 
 fusion, insubordination and anarchy continued ; " that the teacher was informed 
 at the close, and after the children had left, in the most kind and friendly 
 manner, that some method better calculated to preserve order in his school 
 must be adopted, and he was advised to " address his pupils in a spirit of kind- 
 ness, etc.," at which he evinced great anger, announced his intention "to adopt 
 and persist in his own course, and to receive dictation from no man." The 
 superintendents then informed him that in their judgment tlie indiscriminate 
 use of the rod was improper, that the " insubordinate conduct of his pupils 
 was in a measure owing to his indiscriminate and severe use, not of a rod, but 
 of a bush about three-quarters of an inch in diameter, and three feet lonfy, 
 with several branches well twisted together," and that unless a reformation in 
 this respect was promised, they should be \mder the necessity of depriving him 
 of his certificate. 
 
 This he peremptorily refused to do, and distinctly informed the superin- 
 tendents that he should continue the same course of discipline he had adopted 
 for the government of his school. Under these circumstances, they deemed it 
 their duty to annul his certificate. 
 
 The practice of inflicting corporeal punishment xipon scholars, in any case 
 whatever, observes General Dix, has no sanction but usage. The Superin- 
 tendent is not prepared in the present imperfect condition of educational science 
 entirely to prohibit its vise as a means of school discipline, but ho will sustain 
 town and county superintendents in every eftbrt to restrict it to the smallest 
 possible compass consistent with the presei-vation of order and government, 
 and he will in no case tolerate the slightest abuse in the discretion conferred 
 in this respect by usage, or otherwise, upon teachers. 
 
 In this case the town and county superintendents were amply justifiable in 
 annulling the certificate, and their proceedings are therefore confirmed, and 
 the appeal dismissed. Per S. Young, February 1, 1844. 
 
 A teacher's cortiflcatc of qnnlification cannot be nminlled without giving- him notice and a 
 reasonable opportunity, if he desire, to appear and be heard in defense. 
 
 The trustees of district No. 5, in Guilford, employed Mr. Matteson to teach 
 their school for the winter term. The school commenced November 1, 1847. 
 November 20, 1847, Mr. Carhart visited the school, examined Mr. Mattcsou 
 and gave him a certificate. December G, the superintendent stoj)ped at the 
 door of the s(;liool-house and told the teacher that complaints had reached his 
 cars in regard to his mode of ])unishing scholars, and intimated that his certifi- 
 cate might be annulled. December 20, the superintendent served a notice 
 ujjon the teacher that ho should annul his certificate unless certain complaints 
 "arising from his mode of punishment " were cleared up. December 25, the 
 teacher wrote the superintendent, requesting an investigation of the charges 
 and complaints against liiin. January o^ tlu? superint(mdent annulled the cer- 
 tificate, and gave notice thereof to the trustees, without having given the 
 teacher any opjmrtunity to reply to or explain the charges made again.st him, 
 and assigning, as his reasons therefor, the complaints mentioncnl in his ])reviou3 
 notice and his own observations. The trustees all signed a jjaper, stating that, 
 in their opinion, the charges against the teacher were of a trivial character 
 and wholly unfounded, and that the course of the superintendent was " under
 
 Teacher. 409 
 
 lianded, prejudiced and ungentlemanly," and " meets our unqualified disappro- 
 bation." 
 
 The conduct of the town superintendent in this case will hardly admit of a 
 roasonalile explanation. He visits a school twice, and then gives a teacher n 
 legal certificate. In less tlian a month he gives the teacher notice of his inten- 
 tion to annul his certificate, without having, in the mean time, visited the 
 school or required a re-examination, and upon complaints not stated in writing 
 or assuming any tangiljle shape, but, so far as appears at th(> time, mere hear- 
 say rei)orts and neighborhood gossij). The pretense that the superintendent 
 had become satisfied, from " personal observations," that the teacher was 
 unqualified, is very strangely inconsistent with the fact that he made no "per- 
 sonal observations " after granting the certificate, 'i'he teacher requested speci- 
 fications of the charges. None were given. He desired to be heard in answer 
 to whatever could be alleged against him. No opportunity was allowed. 
 
 A certificate of qualification should not be annulled without a statement of 
 the comijlaint, anil an investigation of its truth, and an opportunity given to 
 tlie teacher to be prescuit during such investigation. Such are the rules pre- 
 scribe.l by this department in proceedings to annul a teacher's certificate, and 
 they are a part of the law. The superintendent proceeded in this matter with- 
 out a proper and needful statement of the charges and specifications, and 
 without giving the teacher an opportunity to be heard in defense. 
 
 It is, therefore, decreed that the order of tlie town superintendent, annulling 
 Mr. Matteson's certificate, be set aside. Per Morgan, February, 1848. 
 
 Hefuaal to annul teachers' certificate for inflicting proper punishment. 
 
 On a petition asking this department to annul the license of A. B., a teacher, 
 it is alleged that the said A. E. inflicted cruel and unusual punishment upon a 
 pupil. 
 
 The severity of the punishment is conceded, but not to the extent nor in the 
 manner charged. Tht; facts appear to be that the pupil flatly refused to obey 
 tlie teacher, by not taking the seat he was directed to take. The teacher 
 came toward the boy, intending to compel him by force to take the seat 
 assigned to him. The boy, with an oath, bade the teacher not come near him, 
 and, as the teacher approached, the boy struck at him several times. The 
 teacher caught the boy, and with force put him in his seat, the boy nuumtime 
 kicking, striking, yelling and swearing. To stop this outrageous and unseemly 
 ni)ise, the teacher took the most eff"ectual means at his command; he inter 
 cepted the passage of air between the lungs and the vocal organs, long enough 
 to suppress the disturbance, but not long enough to injure the boy. But the 
 boy was not subdued by any such gentle restraint, for no sof)ner was he left 
 alone tlian he ran out of doors. The teaclier pursued and caught him, and 
 brought him l)a('k to the scliool-room, not, it appears, without some consider- 
 able force, for the boy resisted ^vith all his strength ; and it would really not 
 be strange if in the struggle he received some severe blows. 
 
 A'.kI for this the Superintendent is asked to annul the certificate of the 
 teacher. 
 
 I decline to do any thing of the kind. The teacher, in the matter of the boy, 
 did no more than lu> was com]>elled to do ; he might have done much more, 
 and still be acquitted of infii(^ting cruel and unusual punishment. It was not 
 cruel, and if it was unusual it was only so because the conduct of the boy was 
 unusual. Petition denied. Per V. M. Rice, Superintendent, March 24, 18G3. 
 
 Annulment of a teacher'? license for incompetence known to the commissioner does not 
 require legal notice. 
 
 The annulment of a license for inability, found to exist on a personal 
 examination by the commissioner, requires no notice at all, and for the obvious 
 reason that testimony is not avaihU)le to discredit tlie deliberate judgment of 
 the commissioner, founded upon his own personal knowledge. Per V. M. 
 Rice, Superintendent, March 12, 1863. 
 
 52
 
 410 Teacher. 
 
 A teacher's license should be annulled for intemperance. 
 
 It must be borne in mind that, in tlio matter of the character of a teacher of 
 youth, the commissioner or other competent autliority bases his certificate upon 
 the assurance that the applicant is of orood moral character. Were the schools 
 throufjhout the State accessible to and in charge of teachers guilty of the habit 
 of drunkenness, it would present a spectacle at which the moral sense of the 
 pe^jple would stand appalled. I could never grant a certificate to such a person, 
 setting forth, among other things, that he was qualified in respect to moral 
 character to teach any district school, and if, unwittingly, I had given him 
 such a testimonial, I should be compelled, upon evidence of his immoral prac- 
 tices being submitted, to retract a statement so clearly at variance with the facts 
 disclosed ; the only practical mode of doing which would be to annul the cer- 
 tificate which he held. Per II. H. Van Dyck, Superintendent, February 7, 1860. 
 
 A commissioner cannot withhold a certificate from a teacher with whose character, learn- 
 ing?, and abilities he is satisfied, on the ground that said teacher is employed in a district 
 against the feelings or prejudices of the inhabitants. 
 
 On an appeal of the trustees from tlie refusal of the commissioner to grant a, 
 certificate to the teacher whom they had employed to teach the school in their 
 district, it is estaldished that, at the examination of said teacher, the commis-' 
 Bioncr found no fault with her qualifications in respect to moral character, 
 learning and ability, but declined to give her a certificate upon the ground 
 that slie Avas a resident of the district in which she proposed to teach, and that 
 there had been and still was much opposition to her teaching said school, and 
 that he had pledged himself not to give a certificate to any person whose pres- 
 ence in the school would be objecticmable to any considerable number of the 
 inhabitants. 
 
 The motives of the commissioner in seeking to prevent the occasion of strife 
 and contention in the district are worthy ; and the means, if they were within 
 the legal authority of that officer, would be justifiable. I cannot, however, 
 deem the discretion of the commissioner in this instance legally exercised. 
 His discretion in licensing a teacher extends only to determining upon the 
 qualifications required by the law, and when these requirements are fulfiHed 
 he has no right to impose other conditions. 
 
 After the qualifications in respect to moral character, learning, and abilities, 
 have been certified, the trustees alone are vested with the; discretion of select- 
 ing or rejecting an applicant upon the ground of j)ersonal or local con- 
 Biderations. Per H. H. Van Dyck, Superintendent, May 23, 1859. 
 
 A commi>sioner is justified in withholding a certificate from a teacher where evidences of 
 his good character do not aflirraatively appear. 
 
 The basis of every certificate issued by the commissioner is his satisfaction 
 concerning the qualifications of the applicant in respect to moral character, 
 learning and ability. Under certain circumstances the commissioner has the 
 rigiit to presume that the moral character of tlu; ap])licant is unimiieacliable, 
 but he may withliold the certificate until the applicant shows affirmatively that 
 he possesses good moral character. 
 
 It must be borne in mind that the commissioner is the servant of the people, 
 pledged to protc^ct their interests and rights in matters relating to the educa- 
 tion of their children, and he has no right to peril those interests by legalizing 
 the ])resenco and labors among them of a person concerning who.so moral 
 reputation there is a doubt. Per E. W. Keyes, Deputy Superintendent, May 
 20, 185U. 
 
 A teacher who goes into sclionl without hfting duly qualified accordins: to law violates his 
 contract, and the sauie is not renewed by his obtaining a certificate subsequently, unless 
 a new contract is made. 
 
 This is an a^ipeal from the actioia of the trustee in discharging a teacher beforo 
 the cxi>iration of his alleged term of engagement.
 
 Teaciikh. 411 
 
 The appellant's own admissions condemn liim. lie entered tlic scliool and 
 taufjlit nearly three weeks without any certilieate. 'I'liis was wlioiiy unauthor- 
 ized. He was liable to discharije at any moment of the time. He had violated 
 his own contract. The trustee had no authority to autliori/.e him to continue 
 the school withont a license. The ori<^inal contract was anuulk'd Ijy tho 
 appellant when he went into the school without a license, and was not reuewed 
 by his obtaining a license subsequently. Per \'. M. Itice, Superintentleut, 
 March 11, 18G1. 
 
 'loklers oT State corfificatcs are not exempted from examinations, liy scliool connnissioiicrs 
 or city superintcnilents, iu tlio places wliurc Ihoy seek siltiaiions as leaelai'a. 
 
 A State certificate does u(jt of course authorize the holder to demand 
 employment of ri;;>;lit, from an)' school olllcer. or l)oard of ollicers. These 1kiv(j 
 .the rijflit to demand just such evidence of qualilication as tlu-y deem proper. 
 Hence they may say to any applicant for a position who holds a State certili- 
 eate, "We will cm])loy you if you can procure a certificate from the local com- 
 missioner or from the city superintendent." If he refuse to comply, of courso 
 they may refuse to employ him. Hence it follows that the board of education 
 in the city of New York may prescribe such conditions of qualilication as they 
 see fit as a precedent condition to employment. If they recjuire examination by 
 the city superintendent, the teacher has no alternative but to comply. Tho 
 holder of a State certificate is supposed to be so thorouo,-hly qualified in all 
 respects that he is ready to pass an examination at any time. He should seek, 
 rather than avoid, the application of the several tests that can be applied to his 
 character and scholarship. Per V. M. Piice, Superintendent, April 10, 1804. 
 {Lellers, vol. 'S, p. 98.) 
 
 Teachoris' institute a trainini; school for teachers. Prominent object, or;;anization, crovern- 
 ment, discipline and instruction of common district schools. Superintondonc opposed to 
 payiuLf larj^'o sums of money to lecturers. 
 
 The Superintendent directs me to say that a teachers' institute should be a 
 trainintr school for teachers, and while ^ood, thorough elemcuitary instruction 
 in the liranches to be taught in common schools sliould be imparted, still tho 
 great object of the institute should be kept prominently before the instructors 
 and the teachers in attendance, viz., practical instruction in regard to the 
 organization, government, discipline and instruction of common district schools. 
 The money furnished by the State, to aid in defraying the expenses of organ- 
 izing and holding teachers' institutes, shonld be jiaid so far as practicable 
 toward the supi)Oit of institutes conducted as above stated. 
 
 The Superintendent is, therefore, stnjngly opposed to paying large sums of 
 money for lecturers. You will conseqitejitly bear this fact in mind in making 
 arrangements with lecturers. Do not engage many lecturers, nor agree to 
 pay them much money ; the evenings may some of them be very properly 
 Bpent in the discussion of topics of practical interest, and in other exercises in 
 which the teachers shall be called upon to do something. We wish teachers 
 who not only know a great deal, but those who can do much in the school- 
 room and do it. well. Per S. D. Barr, Deputy Superintendent, October 26, 
 1865. {Letters, vol. 4, p. 410.) 
 
 The teacher is legally responsible for the safe kcepins? of the school re:;istcr, and if it is lost 
 or stolen throuLfh his carelessness he cannot receive any pay for his servicer-. Hut. if he 
 can make oath that it was correctly kept, and not lost ()r stolen by any fault of his, tho 
 trustees may give him an order upon the supervisor for his wa^'es. 
 
 The teacher is legally responsible for the safe keeping of the school register, 
 and if he by carelessness leaves the register iit tho school-house, and not under 
 lock and key, he must suffer the consequences. In short, the teacher must 
 show that he has used due diligence in taking care of the register, or, in 
 other words, that its loss was no fault of his, before he is entitled to any pay 
 for his services. If he can make oath that the register was correctly kept, 
 and that he cannot produce it because it is lost or stolen without any fault of
 
 412 Trustees. 
 
 bis, the trustee would be justified in giving him an order upon the supervisor 
 for his wages. The trustees should at once supply the teacher with a new 
 register and cause it to be carefully kept for the remainder of the school year. 
 If the trustees make application in season, I have authority to authorize the 
 commissioner, in his apportionment of 1867, to make to their district an equita- 
 ble apportionment, although their record of attendance for the time school 
 has been taught during the present school year is stolen or missing. Per V. 
 M. Rice, Superintendent, March 19, 1866. {Letters, vol. 5, p. 216.) 
 
 Town superintendents (supervisors) can use no discretion in tlie matter of paying over 
 public money on the order of the trustees. 
 
 Town superintendents are by law required to pay over the library money 
 apportioned to the several districts, to, or on the order of, the trustees of such 
 districts respectively. The question of the legal or illegal expenditure of such 
 money can only arise on tlie apportionment, and must be determined from the 
 annual report of the trustees for the year preceding such apportionment. 
 Where, therefore, an order of the trustees, legal on its face, is presented to the 
 town superintendent (supervisor) for the payment of the whole or any portion 
 of the library money of any district, he has no other alternative than to pay it, 
 unless he knows, or has good reason to suspect, it has been wrongfully pro- 
 cured, i^nd even then he refuses payment oh his own responsibility should the 
 order prove to be genuine- and valid. 
 
 It is true, trustees of districts have no legal authority to apply the library 
 money to the ])urchase of maps, globes, or other scientific apparatus, without 
 a vote of the district to that effect, but tliis is a matter with which the town 
 superintendent (supervisor) has nothing to do. The trustees are responsible 
 for the proper performance of their duty only to their district, their successors 
 in office, and the Department of Public Instruction ; and if, without a vote of 
 the district, they give an order for the library money on purchasing apparatus, 
 etc., such an order is valid, and the town superintendent (supervisor) cannot go 
 behind it in search of the authority under which it was given. The designa- 
 tion of a portion of such money as interest does not affect tlie right of the 
 holder of the order to receive payment ; and, if the supervisor has not funds 
 of the district in his hands to an amount sufficient to meet the order, he may 
 indorse the amount paid on the order, or take a receipt for the same. Per V. 
 M. Eice. Superintendent, May li), 1854. {Letters, vol. 1, p. 106.) 
 
 TRUSTEES. 
 
 An arbitration between the trustees of a school district and a person having 
 a claim against it is proper and legal, and the award binding on the parties. 
 Per Morgan, February 19, 1848. 
 
 A school district cannot by vote authorize trustees to borrow money on its 
 credit. If the trustees advance money to purchase a library, they may repay 
 themselves out of money voted by tax for that purpose, or received from the 
 State, but they cannot charge interest. Per Spencer, March 29, 1839. 
 
 Trustees arc not empowered to receive a note in payment of a ta.x imposed by tbem, and 
 cannot maintain an action to enforce payment. 
 
 The trustees of district No. 8, in the town of Mentz, took a note from S. P. 
 Clark in payment of a tax assessed upon his farm. Upon apjteal it appeared 
 that Mr. Clark had becm erroneously taxed in district No. 8, while he was yet 
 a resident of district No. 7. Held, that tlie note was void, and could not bo 
 collected, even if the tax had been legally assessed. Per Spencer, March 24, 
 1840. o ^ 1
 
 Tkustees. 413 
 
 When costs have been incurred against district officers in suits by or against them in the 
 discharge of their official duties, u majority of the voters of the district may allow the 
 amount, and the trustees assess the same by tax. 
 
 The inhabitants of district No. 4, on the 4tli September last, audited the 
 account of the trustees for costs and expenses incurred in certain suits com- 
 menced by and atjaiust them and their predecessors in office, and directed the 
 amoimt so audited and allowed to be collected by a tax. The Superintendent, 
 on a careful examination of this case, is satisfied that the account was made out 
 and presented in good faith, that the items were such as the district were fully 
 competent to pass upon, and that the tax directed to be levied for their pay- 
 ment was equitable and just. (8 Howard's Reports, 125.) Per Morgan, October, 
 184S). 
 
 The inhabitants of a school district have no power to direct the tnistees to levy a tax to 
 pay the expenses of an arbitration in settling difficulties in a district. 
 
 The decision of the county superintendent, declaring that the inhabitants of 
 district No. 13, in voting a tax to defray or reimburse the expenses of an arbi- 
 tration, and other liabilities which had accrued in settling the difficulties to 
 which the district had been exposed for the past nine mouths, had transcended 
 the powers conferred on them by law, is strictly in accordance with the previ- 
 ous adjudications of this department, and Avith the well settled principles by 
 which it has been uniformly governed in the disposition of cases of this nature, 
 and must accordingly be athrmed. The law has distinctly defined the purposes 
 for which a school district tax may be voted ; and the inhabitants can in no 
 case go beyond them. That the expenses for which the tax in this case was 
 imposed were incurred by the trustees, under the sanction and directions of a 
 district meeting, cannot affect the principle ; the district had no legal authority 
 to pass such a vote, and it was in no sense obligatory either upon the inhabi- 
 tants or trustees. The only mode by which the trustees can be iudemnified for 
 the expenditures incurred by them is by voluntary contribution. They cannot 
 legally enforce the collection of a district tax for this purpose. Per Young, 
 September 12, 1843. 
 
 Inhabitants have no right to re-elect against his will a person whose resignation has been 
 
 accepted. 
 
 Daniel Lawrence, whose resignation of the office of trustee of district No. 2, 
 Hamburgh, had been accepted by three justices of the peace of said town, was 
 Bubsequently re-elected. 
 
 The election was set aside on appeal. The law having constituted the jus- 
 tices sole judges of the propriety of a resignation, their decision is final, and 
 the inhabitants have no right to disregard it. Per Dix, May 9, 1838. 
 
 The acts of trustees, de facto, holding office under color of an election, subsequently declared 
 void and set aside, are valid and binding upon their successors. 
 
 Samuel S. Lord and John S. Panlow were elected trustees of district No. 6, 
 Lincklaen, at a meeting which was, on app(;al, decided to be illegal, and the 
 proceedings thereat void. 
 
 Before the decision, however, the trustees had contracted to build a school- 
 house, in accordance with the proceedings of the meeting at which they were 
 elected, and had hired a teacher for the winter scliool, and agreed to pay him 
 $24 of the public money, and had levied and jiartly collected a tax of $50 voted 
 by said nu;eting toward l)uilding the school-house. 
 
 Their successors refused to fulfill their contracts, and they appealed. 
 
 HM, that, until the decision declaring void the proceedings of the meeting 
 that elect(!d them, they were to all intents and purposes the legal officers of 
 the district, so far as the public and third persons were concerned. They acted 
 in their official and not in their individual capacity, for the district and not for 
 themselves. The collection of the tax assessed by them could not be resisted ;
 
 414 Trustees. 
 
 all tlieir contracts made within their official jurisdiction were legal and bind- 
 ing. They were competent to transact all the business of the district. Tlieir 
 Euccessors, under tlie decision, succeeded, not merely to all their rights, but 
 also to all their legal liabilities, and were bound to execute all their contracts 
 entered into while acting under color of a legal election. Per Spencer. Juno 
 25, 1841. 
 
 Tmstees have no lien on moneys belonging to the district, for expenses incurred by them 
 
 in its behalf. 
 If thiy have been directed by the district to act, they can indemnify themselves by levying 
 
 a tax without a vote of the district for that purpose. 
 
 Mr. Charles Kendall, a trustee of district No. 3, Bethany, Genesee county, 
 had in his hands eigliteen dollars and eigliteen cents belonging to said district, 
 At a special meeting held !May G, 1848, said sum was appropriated by a vote 
 of the district for the purchase of a stove and other purposes. 
 
 Mr. Kendall claims that the district should pay him for the use of a stove 
 bought by him and placed in the school-liouse without the authority of a vote 
 of the district. The district refused to purchase the stove of Mr. Kendall, 
 bought by him in good faith, and he retains in his hands three dollars for 
 the ttse thereof. The good or bad designs, either of Mr. Kendall or of the 
 district, can in no wise affect the case so as to render the district liable for the 
 Btove. 
 
 Mr. Kendall also claims that he should be allowed three dollars, which ho 
 alleges he paid for the district, in pursuance of a vote of the district. It is not 
 stated when nor for wliat purpose the three dollars were expended, nor are any 
 dates given, except tliat the annual report of the trustees in 1847 acknowl- 
 edged the three dollars as a debt due ]Mr. Kendall from tlie district. But the 
 district clerk certifies that the records of the district contain no mention of tho 
 Baid three dollars. 
 
 Mr. Kendall fails to establish a good claim against the district for the six 
 dollars. Per A. G. Johnson, Deputy Superintendent, August o, 1848. 
 
 Trustees of a school district have the sole power of making contracts relating to their 
 districts, and of accepting the work performed under them. 
 
 The trustees of district No. 7, Depuyster, St. Lawrence county, by authority 
 from the district, contracted with a builder to construct a scliool-house, to bo 
 completed by tlie 1st of November, 1848. Tlie house was not completed until 
 about a montli after the time specified, and was not such an one in every 
 particular as was contemplated in the contract. 
 
 After consultation the trustees accepted the building, thinking it better to 
 do so than to subject themselves and the district to further trouble. 
 
 The acceptance of tlie building is a])pealed from, on tlie ground that tho 
 taxable inhaliitants of tlie district have been wronged. 
 
 The trustees of a school district have the sole power of making contracts 
 relating to tlieir district, and of acce]iting tlie worlc performed under them. 
 And in the absence of fraud or bad faith, tliere appears to be no way of render- 
 ing them liable for their acts. 
 
 In tho present case, tliere appears to be no evidence of bad faith or intention 
 to defraud the district. Tliis department cannot therefore interfere. Per 
 Morgan, January 27, 1849. 
 
 When a trustee is absent from a district, ?o as to be unable to act with his associates, the 
 town superintendent ^supervisor), on the ajjplication of the other trustees, will appoint a 
 successor. 
 
 Some time in the month of Septeml)er last, Mr. Gilbert, who had been 
 elected a trustee of district No. 9, visited the western part of the State in com- 
 pany witli his wife, whoso parents reside there, for the benefit of lier liealth. 
 liCaving lu-r, he returned, harvested liis crops, and early in October again left, 
 with the avowed intention of remaining until the ensuing spring. Tlie other
 
 Trustees. 415 
 
 two trustees boin<T unable to a^ree in the manajrement of the affairs of the dis- 
 trict, and the employment of a teacher for the ^^intor term, applied to the to\vn 
 superintendent to fill the vacancy which they supposed to exist iu the district, 
 in order to enable them to orofanize the winter school. 
 
 For all practical i)urposes, it is evident that a proper case for the action of 
 the town superintendent was presented ; Mr. tiilbert indeed may not have lost 
 his lerral ri<i^hts as a resident of the district, but he had, at all events, ceased to 
 l)e an inhabitant, and had expressly avowed his intention not to return to tho 
 district until the ensuing spring. 
 
 The department is dis})Osed to coincide with the county superintendent in 
 the opinion that an actual vacancy existed, created, if not by " removal from 
 the district," in the legal acceptation of the term, by a virtual "refusal to 
 serve," or incapacity to act, and that the interposition of the town sujierintend- 
 ent bv the appointment of a trustee in his place was legal. Per S. Young, 
 December 26, 1846. 
 
 Trustees cannot retain moneys iu their hands to compensate them for services which they 
 
 may have rendered as ti'iistecs. 
 The oftice is merely honorary. 
 
 The trustees of school district No. 5 have retained in their hands dififerent 
 sums, amounting in the aggregate to sixteen dollars and fifty cents, as it is 
 stated in the appeal, for their services in bringing teachers to the district, tak- 
 ing them to be examined and carrying them home. 
 
 The only case in which a charge for expenses of transporting teachers could 
 be sustained would be where it was part of the contract with the teacher that 
 her expenses for traveling should be defrayed. In this case they would consti- 
 tute, and should be charged against the teacher as, wages paid. The trustees 
 are entitled to no remuneration from the district for their services in that 
 capacity, the office being i)urely honorary. 
 
 They can retain no money for tlu^mselves except when they might have paid 
 it for similar services to third persons, and then only for purposes expressly 
 enumerated in the statute ; carrying teachers to or from the place of their 
 emplojnnent is not among those purposes. 
 
 The ai)i)eal is therefore sustained, and the trustees above named are severallj 
 ordered to pay to the town superintendent, for the use of the district, the 
 amount whicli ajipears by the account aforesaid to have been illegally expended 
 and retained by tliem. Per V. M. Kice, February It), 1855. 
 
 The drawing of an order for public money is a ministerial act. which docs not necessarily 
 require the presence of the entire board of trustees. 
 
 Tho drawing of an order is a ministerial act, which docs not necessarily 
 require the presence of the entire board of trustees. It is simply the execution 
 of a contract, whicli is obligatory upon all of them, if, as is to be presumed, 
 the contract was regularly made. Its validity is not questioned by the 
 aii])ellant. 
 
 The respondents aver that Mr. Payne had refused to act with one of them, 
 and present this as a rea.son for not consulting him ujion drawing the order. 
 
 This would aot excuse the omission if the act was one which involved tho 
 exercise of judgment, and therefore required a meeting of the entire board. 
 A trustee cannot be permitted to retain his office as a mere obstruction to his 
 colleagues. If he cannot act with his associates, he should resign ; and if, 
 without resigning, he neglects to i)crform the duties of his office, it is tlie duty 
 of the town superintendent to prosecute him for the penalty imposed by the 
 statute. But, until he has resigned or been superseded, his colleagues should 
 ciill ujion him regularly to take part in their official action, to the end that 
 when his neglect and contumacy shall be established by reiterated refusals, an 
 application may be made to the State Superintendent for his removal. Per 
 V. M. Rice, Superintendent, June 26, 1855.
 
 416 Teustees. 
 
 It is the clntj'of the tnistee? to employ a competent teacher, and have a school in their dis- 
 trict at least six months (2S weeksi^ in a year. 
 Trustee should not be teachers. 
 
 The trustees of district No. 8, Preston, Clienango connty, liad for a long 
 period neglected to employ a teacher, and no school had been kept in the dis- 
 trict, except for a few days, by one of the trustees. They were requested, 
 December 26, 1855, by all the taxable inhabitants of the district, to employ a, 
 teacher, but had neglected to do so. 
 
 An appeal from their neglect was taken, and tliey failed to make a legal 
 answer. 
 
 It is a matter of course, under the circumstances, that the appeal shall be 
 sustained, and the trustees required to proceed without delay to engage a 
 teacher who shall be in possession of a proper certificate of qualification before 
 commencing his labors. 
 
 It is proper to remark that, while the employment of a trustee as teacher is 
 nowhere prohibited, and his assumption of the task of instructing the school 
 may, under some circumstances, be highly praiseworthy, yet the practice is to 
 be discouraged. The fact that the teacher is one of the board that employs 
 him and fixes his wages, necessarily gives room to a suspicion that he may 
 have been able to make a contract more advantageous to himself and less 
 advantageous to the district, than if some third party liad been employed. 
 Those who represent the public should never put themselves in a situation 
 where their private interests may conflict with those of their constituents. Per 
 V. M. Rice, March 18, 185G. 
 
 The trnstees should call district meetinfrs when requested to do so by a respectable number 
 of inhabitants for a legitimate object. 
 
 One of the trustees of district No. 19, partly in Leicester and partly in Perry, 
 resigned his office, and subsequently united with fifteen others in a petition to 
 the remaining trustees to call a special meeting to fill the vacancy, and to trans- 
 act such other business as might be deemed necessary. 
 
 The trustees declined to make the call, on the ground that they were appre- 
 hensive that the meeting, if called, might make such disposition of the public 
 money as would interfere with previous arrangements and prove detrimental 
 to the school then in operation. 
 
 The filling of an existing vacancy was a proper and legal purpose, and the 
 meeting, if called within thirty days after the hai)pening of tJK; vacancy, might 
 have elected a person. Before an appeal could be decided, the time within 
 which the inhabitants can be called together will have expired, and the vacancy 
 must be filled by appointment. The trustees have no right to conjecture that 
 a meeting will adopt measures to injure the school. The i)rinciple cannot be 
 sanctioned for a moment that the trustees may refuse to call a meeting of the 
 inhabitants, upon the ground that the latter may adopt measures at variance 
 with the views of the former as to the interests and welfare of the district. 
 The trustees are the representatives and servants of the district, bound to carry 
 out and obey the will of the inhabitants, when legally expressed, and not war- 
 rifnted in attempting, in any manner, to thwart their wishes. Per Spencer, 
 December 23, 1840. 
 
 The ofllcial acts of two trustees, performed without notifying or consulting the other, are 
 
 illegal and void. 
 
 At a district meeting held in district No. 7, Guilford, Chenango county, Sep- 
 tember 5, 1848, a resolution was passed directing the school to be kept in a 
 room near Samuel Godfrey's, three years from the first day of April jireceding. 
 
 It api)ears that the school-house in district No. 7 was burned in January, 
 1847. On the 20th of Ftibruary, 1847, a meeting was held in the district, at 
 which a site for a school-house was designated. This meeting was adjourned 
 to the twenty-seventh of the same month, when the vote establishing the site 
 waa rescinded. Two of the trustees called a special meeting, to be held on the
 
 Trustees. 417 
 
 IStli of September 1847, without notifying or consulting the other trustee. At 
 this meeting a tax was voted to pay for the site of a school-house, without 
 designating the same, and also a tax to build a school-house. 
 
 The two trusteeri made out a tax list, dated December 24, 1847. and delivered 
 it with the warrant attached to the collector, on the fourth of January follow- 
 ing, more than three months after the tax was voted. With tlic money thus 
 raised, a school-house was built upon the site selected by the district, on tho 
 twentieth doy of February, but wliich was annulled by said district at the 
 adjourned meeting of the twenty-seventh of the same month. 
 
 The proceedings in raising the tax and building the school-house cannot be 
 sustained. Tlie meeting called by two trustees without consulting or notify- 
 ing the other trustee was illegal, and the votes of that meeting were void. 
 
 It is therefore decided tliat the house built upon the site not established by 
 the district, and with a tax not legally raised, is not the school-house of the 
 district, and tliat the vote of the district taken at the meeting of the 5th of 
 September, 1848. ordering the school to be kept " in the room near Samuel 
 Godfrey's," was legal. Per Morgan, November 16, 1848. 
 
 When a trustee is unable to discharge his duty as such tnistee, by reason of imprisonment, 
 the town superintendent (supervisor) may appoint his successor after the expiration oi 
 thirty days from the time of such imprisonment. 
 
 The fac:s of this case appear to be as follows : 
 
 Some three or four months previous to the annual meeting for the choice 
 of district orRcers, one of tlie trustees for district No. 2, of the town of Evans, 
 county of Erie, was arrested on execution, and committed to the jail limits of 
 the county, where he has since been and still is confined. 
 
 At the annual meeting of the district, a motion was made to elect a trustee 
 in the place of the individual thus imprisoned, but the majority, thinking 
 there was no vacancy to be filled, refused to elect, and subsequently the town 
 superintendent appointed Chauncey Stone a trustee, in the place of Enos Avery, 
 the former incumbent. 
 
 An appeal was taken to the county superintendent of Erie county, who 
 reversed the action of the town superintendent, and annulled the appointment. 
 
 Section 71, of Common School Laws, published in 1844, authorizes tlie town 
 Buperintendent to appoint any person residing in the district to supply any 
 vacancy occasioned by the deatli of the incumbent, refusal to serve, removal 
 out of the district or incapacity of any officer, when the vacancy shall not 
 have been filled by a district meeting within one month after the same shall 
 occur ; and the only question now presented is, had either of these contingen- 
 cies happened one month previous to tho time; tlu; appointment was made V 
 
 It would not, I think, do to hold that no other than a legal incapacity should 
 operate to create a vacancy, nor will it do to say that a refusal to serve may 
 not bo as strongly inferred from the acts of an incumbent as by a direct 
 assertion that he will not discharge the duties of liis office. 
 
 Mr. Avery, no douljt, is an inhabitant of the district in every legal sense, 
 yet in point of fact he is actually incai)acited from the discharge of his duties 
 as trustee, by reason of his confinement upon the jail limits out of his town 
 and out of the boundaries of his district. 
 
 Tlie decision of the county superintendent is therefore reversed, and that of 
 tho town superintendent affirmed. Per N. S. Benton, October 8, 184G. 
 
 Trustees have the power to call 6i)ecial district meetings whenever they shall deem it neces- 
 sary and proper, even though a meeting for the same purpose stands adjourned for a 
 period more or less remote. 
 
 Tills is an appeal taken by three taxable inhabitants of school district No. 
 11, in the town of Skaneateles, Onondaga county, from the proceedings of the 
 trustees of said district, in relation to a tax levied therein by the order of a 
 (fpocial district meeting. The a])pellants state that, at a meeting held in said 
 district, January 14, 1854, yiermlssion having been obtained from the tf)wn 
 BuperintcndcDt, a tax of $500 was voted for the purpose of building an addition 
 
 53
 
 418 Trustees. 
 
 to the scliool-liotise, whicli tax was duly collected ; ttat tlie work was let to 
 two bidders, for $525, without consulting the district, or being authorized by a 
 special meeting, thus exceeding their powers ; that, at the annual meeting, the 
 district refused to vote a tax for the additional $25 ; that a special meeting 
 was called for the purpose of voting upon such tax, and held on the 18tli of 
 November, 1854 ; which meeting, without entertaining the proposition, resolved, 
 by a vote of nineteen against ten, to adjourn twenty-five weelvs ; that, directly 
 afterward, the trustees called another special meeting, of which they gave 
 notice themselves (the clerk having refused) ; that said meeting was held on 
 the 25th of November, and by a vote of twenty-four against twenty-one levied 
 the said tax of $25 ; that said meeting was held in the afternoon, contrary to 
 the usual custom of the district, and at a time when a previous meeting, called 
 to consider this very question, stood adjourned. 
 
 There can be no doubt of the authority of the trustees of school districts to 
 call special meetings whenever they shall deem it necessary and proper. 
 
 The statute declares this right in express tenns, without regard to the cir- 
 cumstance that a meeting is already called, or stands adjourned for a period 
 more or less remote. It is not difficult to imagine cases in which the interests 
 of the district would sustain serious damage, if it was necessary to defer action 
 till a period fixed by a previous meeting. Exigencies often arise, imperatively 
 requiring that the inhabitants of a school district assemble within the shortest 
 time practicable, and of these the trustees are to be the judges. 
 
 The appeal is dismissed. Per V. M. Rice, January 22, 1855. 
 
 A district meetinp: may prescribe the terms of a contract for bnllding a Bchool-house. 
 
 The trustees of district No. 13, in the town of Bethany, refused to pay 
 Daniel R. Prindle the sum of $72.50 upon his contract for building a school- 
 house : First, on tlie ground that they had not executed the contract ; and, 
 second, tliat the school-house was useless to the district, because the right of 
 way to it, over intervening lands, could not be obtained. 
 
 The district meeting which voted the tax for building the school-house had 
 prescribed the terms of the contract, and the same was drawn up at the time 
 by one of the trustees, and signed by the contractor. The trustees were 
 directed to superintend the erection of the house according to its temis, and to 
 fulfill it on the part of the district. Tlie builder fulfilled his part, and the 
 trustees recognized the contract by superintending and directing the work. 
 
 The trustees, as the agents and servants of the district, are the proper and 
 indeed only persons to make and execute bargains and contracts on the part of 
 the district. But the meeting was competent to specify the terms of a contract, 
 and in tliis case did so, and one of the tru.stees drew it according to the terms 
 prescribed. The contractor executed it on his part, and performed it. The 
 trustees, by recognizing it and directing the work, were in fact parties to it, 
 although they did not sign it. 
 
 The remaining objection is entirely groundless. The contractor for building 
 the school-house cannot be in any way responsible for a failure of title to the 
 site, or a right of way to it. Tlie question of title and right of way is between 
 the distri(-t and tlie grantors or owners of the land. 
 
 Having collected the tax of $72.50 levied to pay for the house, they are 
 legally and equitably bound to pay over the proceeds to the contractor. Per 
 Young, February 3, 1843. 
 
 The trustees of a district arc the only legal authority by which the vote of a distritt can be 
 carried into e.xecution. 
 
 At a special meeting held in district No. 2, Centreville, Allegany county, 
 Novemlx-r 4, 1848, it was voted to cliange the site of the school-house, by a 
 majority of votes. The district l)eing an altered one, this vote was sufficient. 
 
 The site selected is situated at tlio (^xtrcme southern part of the district/ 
 making tlie distance whicli cliildren residing in the extreme northern part of 
 the district would be compelled to travel about four miles.
 
 Tkustees. 419 
 
 Tlae inhabitants authorized Mr. Asa Robbins to superintend the removal of 
 the house, without beinj? associated Avitli the trustees. 
 
 The trustees forbade .Mr. Robbins to move the house from tlie old site. Ho, 
 however, disrcirardinjif their remonstrance, located it upon the new site. 
 
 The trustees of a district are the only legal authority by which the votes of 
 the district can bo carried into execution. And althoufjfh the inlialjitants at a 
 district meeting may direct that the trustees shall contract with a certain 
 person to perform certain work, and that such person shall be associated with 
 the trustees in such work, they cannot authorize sucli person to do any act, nor 
 can the district contract with him, except throujrh the trustees. 
 
 The vote directing Mr. Robbins to superintend the removal of the school- 
 house without the intervention of tlie trustees was therefore ilhigal, and Mr. 
 Robbins became a trespasser, after being forbidden by the trustees to move the 
 school-house. Per Morgan, February 3, 1849. 
 
 Where a buildins: committee, in concert with the trustees, are investerl with di'crotionary 
 power, bj' resohition of a district, and have entered upon tlie execution of tlieir trust, by 
 mailing contracts for materials, etc., the district cannot control or interfere with their 
 plans. 
 
 This is an appeal from the proceedings of a building committee appointed 
 to take charge of building a new school-house, and from the refusal of the 
 trustees to call a special meeting for the purpose of comparing drafts and 
 models of architecture and adopting the best plan for building a school-house, 
 wood-house and other fixtures belonging to the same. 
 
 In reply to the appeal, the trustees and building committee allege that, on 
 or about the 8th day of March last, at a special meeting called for the purpose, 
 the district voted to build a new brick school-house, twenty by twenty-five and 
 a half feet ; that Benjamin Wright and others then submitted their plans and 
 drafts for building said house, which were voted down by the meeting. A 
 vote was then passed, giving the trustees and building committee discretionary 
 power in regard to building and furnishing said house in the best and cheapest 
 manner, according to the size above mentioned. 
 
 They further allege that, in pursuance of such vote, they went on and pur- 
 chased brick and materials and entered into a contract for laying the brick 
 and stone, and lathing and plastering the interior of the building, and pro- 
 cured window frames and doors, and sash, with glass set, and that the walla 
 of the house were now up and the roof nearly completed. 
 
 Under such circumstances, the Superintendent is of the opinion tliat it is 
 now too late to interfere with the proceedings of the building committee. The 
 district might have restricted their powers, by a vote for that purpose, when 
 they were ajipointed, but, having failed to do so, and having invested them 
 with a discretion in the discharge of their duties, there is notliing in the case 
 which calls for the interposition of this department. Per H. S. Randall, 
 May 19, 1852. 
 
 When a site has been designated and a tax raised for building a school- 
 house, a building committee may be appointed by the meeting. But contracts 
 are to be made and money to be paid out by tlie trustees, and the building 
 committee must be regarded as the agents of the trustees, to carry out the 
 direction of the meeting. As agents of the trustees, the latter will be respon- 
 sible for the fulfillment of their contracts up to the amount of the tax. Per 
 Spencer, June 19, 1841. 
 
 The election of a trustee at an adjourned meeting valid. 
 
 If a trustee renders his annual account to an adjourned annual mcclinj^, he will not bO 
 removed because it is unsatisfactory. 
 
 Mr. Isaac Tracy, one of the trustees of district No. 5, Allen, Allegany countj, 
 omitted to make his annual report to the annual meeting, October 1, 1855, but 
 claims that one was submitted and made by the clerk at an adjourned meeting, 
 October second.
 
 420 Trustees. 
 
 One of the trustees elected at the first meeting refused to serve, and at the 
 adjourned meeting another was elected to fill the vacancy. 
 
 Mr. Tracy will not be removed because his account was not satisfactory. He 
 is liable to a suit hereafter for any money that can be shown by that account, 
 or otherwise, to have come into his hands, and which he cannot prove to have 
 been legally expended or paid to a colleague or successor authorized to receive 
 it. If, on the other hand, he entirely failed to render any account, he is liable 
 to a penalty of twenty-five dollars, in addition to a judgment for any moneys 
 proved to be in his hands. 
 
 The election of a trustee on the second day of October must be held to have 
 been valid and regular. Admitting that the meeting the previous evening 
 adjourned for the sole purpose of having the annual account of the trustees 
 submitted, the adjourned meeting was nevertheless competent to fill any 
 vacancy which might then exist in district olRces. Such a vacancy was created 
 by the 'refusal of Mr. Lincoln to serve. Per E. P. Smith, Deputy Superintend- 
 ent, May 31, 1856. 
 
 The Superintenclent has power to remove a trustee from office, for corruption or intentional 
 neglect of official duties, or for willful disobedieuce of the orders of the department. 
 
 On the 20th of December last, the trustees in district No. 6, in the town of 
 Somers, were directed and required by an order of this department, within ten 
 days from the service upon them of such order, to execute a certain tax list 
 and warrant, made out by Jacob G. Purdy, one of the trustees, for the collec- 
 tion of the amount voted at a special meeting held in said district on the 27th 
 of September last, for building a school-house and out-bitildings, and fencing 
 the site, deducting therefrom the sum of $8.50, the balance remaining in the 
 hands of said trustees, on the sale of the house belonging to said district. 
 
 A copy of this order was served upon the two trustees, who refused to sign 
 the tax list and warrant on the 25th of December. On the 2d day of January 
 the trustees met by previous appointment. The tax list was produced, and the 
 $8.50 above named deducted therefrom, when the two trustees for the first 
 time interposed an objection that a certain piece of land was inchtded in the 
 tax list which was not taxable in the district, and insisted upon its deduction, 
 altliough no legal claim to that eff'ect had been made by the owner or occupant 
 of the land within the time prescribed by law. On the ensuing day, the trus- 
 tees had another meeting, but Carpenter and Ferris still declined, on various 
 pretenses, signing the tax list, and have, up to the present period, refused or 
 neglected to carry into effect tlie order of the department. 
 
 This refusal is sought to be justified by them upon several grounds, among 
 which the most important are that Purdy refused to make the necessary cor- 
 rection of the tax list, and also to account to his colleagues for certain pecu- 
 niary transactions of the district. Neither of these excuses can be received. 
 If there were any error in the tax list, as presented to them for signature, it 
 •was clearly within their power, as the majority of the trustees, to have made 
 the requisite correction in the mode prescribed by law. Whatever may have 
 been the conduct of Mr. Purdy, it constituted no sufficient grounds for a refusal 
 on their part to comply with an express order of this department. Tiiey liavo 
 manifested a detennination to resist the explicit direction of the Superintendent 
 in the premises, and to evade the performance of their duties as trustees. In 
 pursuance, therefore, of the authority vested in mo by chap. 382, section 15 of 
 the Laws of 1849, 1 do hereby remove the said Carpenter and Ferris from office 
 as trustees of district No. 6 "in the town of Somers. Per Morgan, January 28, 
 1851. 
 
 The State Superintendent will, on proper nppli'-ation, remove a trustee for unwarrantable 
 nci,'lect of official duty. 
 
 Elisha Bedell, one of the trustees of school district No. 1, in the town of 
 Hempstead, is charged with a willful disturbance and interruption of the
 
 Trustees. 421 
 
 Bcliool tauj^ht by Mary Augusta Brown, in said district. Mr. Van Cott, another 
 of tlio trustees, is charofod with a refusal to unite witli one of his colleagues 
 in prusccutin;j;- for sucli otFcnse, in accordance Avith the statute. 
 
 It is in I'vidence tliat Mr. Bedell went to the school-room, and in the presence 
 of the scholars used angry and abusive language to the teacher, openly counter- 
 manded her orders in conducting the school, and caused tlie school to be 
 thrown into disorder, and that both teacher and pujjils were much frightened 
 by his language and threatening manner, and for some time after she was 
 unable to ])roceed with tlie school. 
 
 The evidence is confirmed by the report of a committee of ten appointed by 
 the inhabitants of the district, at the annual meeting, to visit and examine the 
 school, who, in concluding their statement, observe that they " were com- 
 pelled to the opinion that ilr. Bedell has thereby disqualified himself for the 
 office of trustee, and that it is evidently for the welfare of the school that he 
 should forthwith resign his office." 
 
 This array of evidence is met only by a general and unsatisfactory denial 
 by Mr. Bedell. 
 
 There can be no doubt, in the opinion of the Superintendent, from evidence, 
 that Mr. Bedell has been guilty of a gross and unjustifiable violation of law 
 and neglect of official duty. The same conduct in an individual not otiicially 
 connected with the school would unquestionably have incurred the penalty 
 prescribed by law; and it certainly does not mitigate the offense, nor change its 
 nature, that it was committed by an officer specially charged with the preser- 
 vation of quiet and order in the school, and with the protection and guardian- 
 ship of its interests. 
 
 The act of 1845, to prevent disturbances in schools, above referred to, makes 
 it the special duty of the trustees of any school district in which any such 
 offense shall be committed, to prosecute such offender, before any officer having 
 cognizance of such offimse. Mr. Van Cott, one of the two remaining trustees, 
 liaving been called upon for the performance of this duty, positively refused 
 to c«)mply with said request, and still refuses so to do. This is clearly an 
 unwarrantable neglect of official duty, for which no dcifense is interposed ; 
 and the said Elisha Bedell and Nicholas Van Cott are hereby removed from 
 office as trustees of said district. Per Morgan, July, 1851. 
 
 When a town superintendent (supervisor) connives with a tmstee to procure his resigna- 
 tion, and conceals it fVom tht: district, so that the inhaliitant.-^ cannot electa successor 
 witliin thirty days after the resitjnation, and the town superintendent then makes the 
 appointment, the department will set the appointment aside and order a new election. 
 
 Mr. Johnson, a trustee in district No. 4, Florence, proffered his resignation 
 of office to the superintendent, which was accepted. This was done secretly, 
 and obviously with the intention that the district should be vinacquainted with 
 it until after the expiration of thirty days, when the town sujierintendeut could 
 aiijjoint a successor. It is stated that the town superintendent gave one of 
 the trustees notice of the resignation, but it is clearly shown, and is not denied 
 by the town su]icrintendent, tluit this was dom; with a vi(;w of seeming to 
 fulfill, rather than to carry out the meaning of tin; law, and allow the district 
 to elect a successor, since this trustee was very cautious about letting any one 
 know it. 
 
 The district not being permitted to choose the trustee, the town superintend- 
 ent made the appointment tin; day bisibre the expiration of the thirty days. 
 This department cannot suffix a district to l)e imposed u])on or deprived of any 
 privileges by the management of officers or the intri'.ruc! of individuals. It is 
 therefore ordered that tlu; appointment of trustee nuide by the town superin- 
 tendent of Florence, to supply the vacancy occasioned by the resignation of Mr. 
 Johnson, as trustee of district No. 4, in said town, be set aside, and that the 
 trustees of said district call a special meeting of the inhabitants to fill the 
 vacancy. Per Morgan, February, 1849.
 
 422 Trustees. 
 
 A trustee will be removed from office where it appears that he persistently refuses to assist 
 hibj associates in making out a tax list ordered by a district meeting. 
 
 On the petition of two of the trustees of a district for the removal of the 
 third, on the ground of his refusal to unite with them in making out a tax list 
 and warrant as directed by a vote of the district, the defense of the third 
 trustee is, that acting under legal ad\ice and counsel, he has refused to act 
 with the petitioners as trustee in making out the tax list aforesaid, for the 
 reason that all the proceedings of the meeting relative thereto were illegal and 
 void. 
 
 But it appears, on evidence that, on an appeal from the proceedings of such 
 meeting, this department had declared the proceedings, including the vote to 
 levy said tax, legal and valid. It further appears that, when the petitioners 
 had made certain corrections in the tax list suggested by this third trustee, he 
 still refused to sign the tax list as amended, and that he steadily refused to 
 meet with the petitioners at any future time to make out a new tax list, or 
 have any thing to do witli it. It is therefore plain, that his motives were to 
 defeat and avoid the making out of the tax list as voted by tlie district, and 
 confirmed by this department. It is ob^^ously the right and jirivilege of every 
 man to take legal advice, as well in relation to public and official duties as to 
 his pi-ivate and personal affairs. But no man is suffered to interpose the plea 
 of this privilege as a protection from the consequences of error or wrong doing 
 in public or private concerns. When, therefore, under the advice of legal 
 counsel, a school officer neglects or refuses to regard the direction of the dis- 
 trict and the decisions of this department formally rendered and clearly 
 announced, wiien the free action of the other district officers is obstructed, dis- 
 sension perpetuated, dithculties and embarrassments multiplied, and all educa- 
 tional interests sacrificed, it ceases to be a question of honesty of purpose on 
 the part of the offender, and he must be visited with the severest penalty which 
 Buch action incurs — removal from office. Per H. H. Van Dyck, Superintendent, 
 January 30, 1858. 
 
 What will justify the removal of trustees. 
 
 Whenever this department finds, in the action of trustees, only a stubborn 
 determination to follow out their own purposes, regardless of the legal or 
 equitable rights of teachers, and of the wishes and interests of the inhabitants 
 of the district, whereby serious injury has been sustained, and must yet be 
 sustained if their policy is pursued longer, it will immediately direct their 
 removal from the ollice whose trust they have violated. Per H. H. Van Dyck, 
 Buperintendent, July 15, 1858. 
 
 A irusiee win not be removed for rofusin;; to concur with his associates in their policy in 
 the management of district aflairs, nor for supporting a private school. 
 
 On a petition for the removal from office of one of the trustees of the district, 
 on account of his refusal to concur with his associates in regard to certain 
 measures of district policy, and also upon the ground of liis having contributed 
 to the sup]iort of a i)rivate scliool, it was lield. that, although he may have been 
 in error relative to the justice and legality of the policy, still his refusal to act 
 with the other trustees, dictated by his convictions of right, is not sucli contu- 
 macy as deuiands jumishmcnt. It is impossible to control the opinions of men ; 
 we must be content to overrule tliem where they are wrong. In the present 
 case, the majority of the trustees have the power to overrule the opinions of 
 the other, and that is all that the case requires. 
 
 Nor, is the fact of his contributing to the support of a private school any just 
 ground for nMuoving him from the office of trustee. It is the privilege of every 
 man to send liis children and contribute to the support of such school as ho 
 regards best for his own and his children's interest. The fact of his being a 
 trustee does not (lej)rive him of any right in the premises. Per E. W. Keyes, 
 Deputy Superintendent, June 28, 1858.
 
 Trustees. 423 
 
 Petition for the removal of a trustee for not a^reeinp: with his associates, and /or using rude 
 and uncourteous language toward them, denied. 
 
 On the petition of two of the trustees askinf; for the removal from office of 
 the third trustee, it appears that the third trustee refuses to co-operate with 
 his associates in matters relatinji to the administration of school affairs, and 
 that his language toward them is rude and uncourteous. 
 
 Concerning the disagreement of Mr. Simp.son with his associates, they are 
 the majority and can control, and it was never intended that this department 
 should have power to make men agree, nor to punish them for disagreeing. 
 
 In regard to the incivility of the third trustee toward his associates, the dis- 
 trict is supposed to know whether or not those whom they elect to office have 
 sufficient culture and refinement, sufficient dignity and purity of character, 
 properly to adorn the office to which they are elected ; and if they see lit to 
 elect one who is rude, vulgar and coarse in his language, tliis department ^vill 
 not and cannot interfere. Per H. 11. Van Dyck, Superintendent, March 2, 1859. 
 
 Petition for the removal of a trustee for not agreeincr with his associates, and for not being 
 a suitable person for the office, denied. 
 
 On the petition of certain of the inhabitants, asking for the removal from 
 office of one of the trustees, the petitioners allege that he is not a siutable 
 person to hold the office, and also that he has displayed a factious opposition to 
 the wishes of the district, and refuses to co-operate with his associates in carry- 
 ing forward certain measures that a majority of the district wish to see 
 enforced. 
 
 In regard to the first allegation, it is sufficient to answer that the inhabitants 
 elected the trustee with a full knowledge of his character and responsibility, 
 and of the powers and duties of the office. 
 
 In regard to the second allegation, the trustee whose removal is requested is 
 in the minority, and his associates can control the action of the board ; hence 
 no necessitv for his removal appears. Per H. II. Van Dyck, Superintendent, 
 March 21, i859. 
 
 A trustee will not be removed because he differs from his associates in opinion. 
 
 This is a petition for the removal from office of one of the trustees of the 
 district. 
 
 The petition does not set forth such facts and circumstances as will justify 
 the department in taking the action sought. 
 
 The facts proved, in the main, are a difference of opinion between the 
 trustee whose removal is sought and his associates. However much the 
 department might differ with the said trustee upon the points in controversy, 
 it does not justify his removal on the ground of that difference of opinion. Per 
 H. H. Van Dyck] Superintendent, February 14, 1861. 
 
 Where the trustees contracted with a man to build a school-house, and afterward con- 
 tractiid with another, who built the house : held, that the remedy of the first contractor 
 is at law, and not on an I'ppcal to this department. 
 
 On an appeal from the proceedings of two of the trustees, it appears that 
 they entered into a contract with one McPherson to build a school-house, as 
 authorized by the district, and that afterward they permitted one Barber to 
 build the hoitse. 
 
 The course of the trustees appears to be marked by strange inconsistencies, 
 but I do not see that these come within the purview of this department. The 
 remedy of Mr. McPherson is at law, and not through tliis dei>artment. The 
 a])pellants do not sjiecify any particular remedy whicli tlioy wish to have 
 applied, and, from their statement of the case, it is not such an one as \vill 
 enable this department to afford the parties any relief. The appeal must 
 therefore be dismissed. Per H. H. Van Dyck, Superintendent, February 3, 
 18G0.
 
 424 Tkustees. 
 
 Trusteea will not be required to let the bnildinff of a school-honse to the lowest bidder, 
 unless so instructed by a vote of the inhabitants. 
 
 By a vote of tlie inhabitants at a meeting duly convened, the trustees were 
 directed to build a new school-house. They accordingly gave notice that they 
 would receive proposals lor building a house of given dimensions. The appel- 
 lant put in a bid at $340. Other bids were put in, among them one by Mr. 
 Davis at $350, which was accepted by the trustees. The appellant asks that 
 the award be set aside, it not being given to the lowest bidder. 
 
 Had the district directed the trustees to let the contract for building the house 
 to the lowest bidder,, there would appear on the pai't of the trustees a depart- 
 ure from the authority with which they were vested, which would demand 
 interference. But such is not the case, the trustees being left free to make 
 such contract as they might deem most advantageous to the district. Nor did 
 the notice which they gave place them under any obligation to the appellant 
 in consideration of his bid being lower than that of any other. They were left 
 free to make the award as they should deem most advantageous. It devolves 
 upon the appellant to show either a legal claim by virtue of the notice given, 
 or that the district is likely to suffer injury from the action of the trustees. 
 Per H. H. Van Dyck, Superintendent, January 30, 1860. 
 
 Trustees may employ a person to do the merely clerical work of computina; and writing out 
 the tax list, they making the comparisons with the assessment roll, and fixing valuations 
 of property not on the roll. 
 
 On an appeal from the acts of two trustees in making out a tax list, the only 
 ground of complaint is that the trustees affixed their warrant to a tax list 
 made out by a third party. 
 
 If this charge were sustained in all particulai's, it would certainly invalidate 
 the tax list. But the statenaents of the trustees establish that the list was 
 examined by them, and found to be correct. This comparison of the list with 
 the assessment roll, and pronouncing it correct according thereto, is essentially 
 the exercise of judgment which devolves upon the trustees. The writing it 
 down is but a clerical act which they may employ any one to perform. 
 
 The tax list being, therefofe, essentially the work of the trustees, as the 
 result of their judgment on examination and comi)arisou, 1 must hold it to be 
 a legal instrument. Per II. H. Van Dyck, Superintendent, March 31, 1858. 
 
 Where the action of trustees is appealed from on the grounds of illecrality, the illegality 
 must be proved as alleged. Until it is, the action of the trustees will be presumed to 
 have been legal. 
 
 The appellant avers that the trustees followed the assessment rolls of 1856 
 in making out the tax list instead of the rolls of 1857. The point to be deter- 
 mined is, did the trustees follow the last assessment roll of the town ? Upon 
 this question the appellants produce no evidence. It devolves upon the appel- 
 lants to show affirmatively that the assessment rolls used by the trustees were 
 not the last assessment rolls of the town in which their district lies. Failing 
 to do this, as they do, it will be presumed that the action of the trustees was 
 regular and legal. 
 
 The appeal must therefore be dismissed, upon the ground that the appellants 
 fail to make out a case of illegality against the trustees. Per H. H. Van 
 Dyck, Superintendent, December 11, 1857. 
 
 A trustee cannot bo permitted to avail himself of his ofTicial position to adjust the amount 
 of compensation for fuel hirnishcd by him to the district. 
 
 A trustee had furnished a certain amount of fuel for district purposes, in 
 accordance with a resolution of the district. He afterward makes out a tax 
 list for his compensation, which he calls upon his colleagues to sign, and which 
 they reluso to do, alleging that the wood so furnished has never been measured, 
 and that an exorbitant price is charged for it.
 
 Teustees. 425 
 
 ffeld, that it was proper that the fuel should be paid for by ta^, and that tho 
 amount t'ouiul duo the trustee should thus be paid. But the trustee cannot 
 avail himself of liis position as trustee to adjust the amount of his own com- 
 pensation, or to exercise any intluence in adjustino- it by liis own vote. This 
 accords with the well established doctrine that a person assuming to deal in 
 behalf of the public and dealing with liimself cannot be allowed to make any 
 profit. Equity re(iuires, therefore, tliat the i)rice of the wood thus furnished by 
 the trustee sliould be cut down to the lowest possible rate for which it might 
 have been furnished. Per II. 11. Van Dyck, Superintendent, July 31, 1857. 
 
 A ffcncral vote of a raeetinc: in favor of a peaceful adjustment of protracted controversies 
 aiul lawsuits does not coiifer upon the trustees power to levy a tax for the purpose of 
 paying any and all claims that may have arisen in consequence of such controversies. 
 
 On an appeal from a tax list and warrant made and issued by the trustees 
 it appears that tlie district has been engaged in controversies in the progress 
 of whicli suits have been prosecuted by and against the trustees, costs and 
 expenses incurred and taxes levied, payment of which has been refused. At 
 a. special meeting for the purpose of deliberating concerning the pending 
 actions, controversies and suits, the sentiment and expressions of tlie meeting 
 were unanimously in favor of a peaceful settlement of existing controversies, 
 and resolutions favorable to such settlement were adopted. The trustees have 
 interpreted these resolutions as giving them absolute power to settle and adjust 
 the pending controversies, withdraw and compromise suits, adjust outstanding 
 claims, and to levy a tax to pay all demands and expenses thus created and 
 incurred. In the exercise of this authority they have levied the tax from 
 which this appeal is brought. 
 
 The fact is apparent and clear to my mind that the action of the meet- 
 ing referred to did not invest the trustees with the exercise of the powers 
 assumed. A genei'al and indefinite vote, favorable to the peaceful solution of 
 difficulties, hardly justifies an indiscriminate settlement of suits and doubtful 
 claims, and the levy of a tax of nearly four hundred dollars to complete the 
 settlement. I must hold that the trustees have very greatly exceeded any 
 authority that I can find conferred upon them. They are acting without 
 requisite authority. Per E. W. Kej-es, Acting Superintendent, May 16, 1861. 
 
 An agreement in writinij between a trustee and a contractor to build a school-house must 
 have an internal revenue stamp affixed in order to be valid. 
 
 An agreement was entered into between the trustee and a contractor, under 
 the authority of a district meeting, to build a new school-house for $900. The 
 contract was made and signed on the 7th day of May, and placed in the hands 
 of a tliird party for safe keeping. A revenue stamp, as required by tin; act of 
 Congress, was procured and handed to tho person having the contract in 
 custody, but the sauK; was not attached until after the meeting of the district 
 that evening, at which meeting a resolution was passed rescinding the authority 
 given to the trustee for contracting for a new school-house. 
 
 The trustee claims that, the contract not having been stamped before tho 
 meeting took sucli action, the question had not passed bej'ond the jurisdiction 
 of the meeting. 
 
 In this conclusion the trustee is correct. The contract was not completed 
 or binding npim either party until the law of Congress, wliich under the 
 Constitution of the United States is supreme, had been complied with. Per 
 V. M. Rice, Superintendent, July 7, 1864. 
 
 A person elected as a librarian of a school district ennnot be displaced except by a direct 
 proceihu-c on the part of ^fome competent legal authority, on information in tho iiature of 
 guo ivarriinto, or on appeal from the election, evo)) though the incumbent be an infant. 
 
 Tliis was an ajipeal originally brought to the county superintendent of Sara- 
 toga from the refusal of the trustees to deliver over to the charge of the appel- 
 lant the library of the district, he having been chosen unanimously as librarian 
 
 6i
 
 426 Union School Districts. 
 
 at the annual meeting of the district on the first Monday in October last. In 
 their answer to the appeal, tlie trustees place their I'el'usal upon the {rround 
 that the appellant is a minor, and could not, therefore, execute a valid bond 
 for the preservation and safe keeping of the books belonging to the district 
 library. The county superintendent very properly ovei-ruled this defense, 
 holding that the appellant, though ineligible, must be recognized as the libra- 
 rian d(i facto of the district, so far as the public and third persons are con- 
 cerned, and that his right to the office could not be tried in this indirect way. 
 No principle of law is better settled than that the actual incumbent of an office, 
 holding under color of a legal election or appointment, can be displaced only 
 by a direct procedure on the part of some competent legal authority on informa- 
 tion in the nature of a quo 'warranto or otherwise ; and that his acts, so far as 
 the i)ublic are concerned, will be recognized as valid and legal to all intentfj 
 and purposes while he continues to execute the office under claim of title. la 
 this case, the appellant was unanimously elected librarian of the district, not- 
 withstanding his admitted ineligibility, and it does not rest with the trustees 
 to deprive him of the office in this indirect mode. They might have appealed 
 fi"om such election, placing their appeal expressly upon the ground of liis ineli- 
 gibility, and the county superintendent might have set aside the election and 
 ordered a new meeting to fill the vacancy. But, not having resorted to this 
 remedy, they cannot refuse to deliver over to him the library of the district on 
 the ground of such ineligibility ; nor are they warranted in assuming that the 
 property of the district will be unsafe in his hands, on the ground of Ids want 
 of responsibility. They may remove him from office whenever he willfully dis- 
 obeys their directions in any matter relative to the preservation of the books 
 and appurtenances of the library, or for any willful neglect of duty, etc., etc. 
 But they cannot refuse to recognize him as the legally elected librarian of the 
 district. 
 
 They are, therefore, hereby directed to deliver the library of the district into 
 his hands, and the decision of the county superintendent is hereby affirmed. 
 Per Young, January 29, 1845. 
 
 UNION SCHOOL DISTRICTS. 
 
 Trustees have no right to refuse to call a special meeting for the puqwse of 
 considering the question of organizing a union free school, when requested by 
 fifteen legal voters of the district to call sucli meeting. Per V. M, Rice, Super- 
 intendent, March 21, 18GG. {Letters, vol. 5, p. 222.) 
 
 The notice of a meeting to organize a union free scliool need not recite the namns of the 
 
 petitioners. 
 If the notice contain irrelevant matter, it will be regarded as surplusage. 
 
 A special meeting was held, pursuant to notice, on the 13th of July, 1867, 
 for the purpose of determining whctlier a union free school with an academic 
 department should be organized therein, which question was decided in the 
 affirmative by the requisite naajority. 
 
 The appellants object to said proceedings, and ask to have them set aside 
 for the following reasons : 
 
 1. Because the names of the persons signing the original call are not affixed 
 to the trustees' notice. 
 
 2. Because the notice includes, as part of the object of the meeting, the estab- 
 lishment of an academical department. 
 
 3. On account of the alleged refusal of the chairman of said meeting to 
 entertain certain motions offered by the minority. 
 
 4. On account of the reception of the vote of one Charles Iliely, who, it is 
 alleged, is not a legal voter.
 
 Union School Districts. 427 
 
 In answer to the first cliarf^e made by tlie appellant, it is sufficient to say 
 that the law does not retjuiro trustees, in their notice of a metinof to decide 
 whether a union free school shall be organized, to recite the names of tho 
 Bi<jrners of the orl;j^inal call. {See sec. 1, title I), Ge.ierat School Ad.) 
 
 The insertion in the notice of the words "with tho academical departiuent 
 attached" is simply sur[)l usage. That was a matter over which tlic meeting 
 could obtain no jurisdiction, whatever was stated in the notice. Such a depart- 
 ment may l)e organized in a union free school district whenever, in the opinion 
 of the board of education, it shall be necessary. The action of said meeting 
 upon this subject can be of no binding force upon the board of education, nor 
 does such action invalidate the other proceedings of the meeting. 
 
 The testimony submitted in support of the third charge does not show that 
 the chairman exceeded his powers, or abused t!ie discretion ordinarily ri;posed 
 in a presiding oflicer in any material point. Tlie appellants complain that, 
 after a vote had been taken upon the question of holding open tiie polls for 
 fifteen minutes, and a division of the house called for, the chairman refused to 
 order such division. It appears, however, that such division was not called 
 for until the motion had been declared carried, and that thus, according to 
 parliamentary usage, the chairman was right in refusing to order the division. 
 So, too, complaint is made that votes were received after the polls were closed, 
 or, rather, after the lists had been twice called over. But these votes having 
 been received before the result was announced, the appellants cannot complain 
 that they wtire illegally received. 
 
 In regard to Charles Kiely, the appellants claim that he was disqualified 
 from voting because, during the late war, he shirked the draft by absconding 
 to Canada. Such conduct ought, in the opinion of the Superintendent, to 
 disqualify a man from exercising any of the privileges of citizenship, but I 
 am not aware of any statute in force in this State by which eitlier deserters, 
 shirks or rebels are disfranchised. It further appears that after Riely was 
 challenged, his vote was not accepted until he had made the declaration 
 required by law. The proceedings of said meeting seem to have been con- 
 ducted ^v^th as much regularity and order as is usual in meetings of that 
 character, and I must decline to interfere for the ])urpose of setting them 
 aside. The appeal is hereby dismissed. Per V. M. llice, September 7, 1867. 
 
 The notice of a meeting to form a union free school district must state the qualiflcatious of 
 
 voters, as required by law. 
 The trustees of a union free school district must he elected by ballot. 
 
 It appears that the meeting decided to organize a union free school, and that 
 the voters proceeded to elect Wm. P. Delamater, James H. Elmendorf, and 
 James Robisou, as trustees of said union free school district, but that they did 
 not elect said trustees by ballot. The appellants ask to have the ])roceedlng3 
 of said meeting declared void and set aside on the following grounds : First, 
 because the notices were not made in accordance with law, the (nullifications 
 of voters not being therein stated, as required by section 1 of title !) of tho 
 general scliool act of 18G4. Second, because the trustees were not elected by 
 ballot, as required by section 5 of the same title and act. These points are 
 well taken by the appellants, and are sufficient to sustain tho appeal. Much 
 as the Superintendent desires to encourage the formation of union free schools, 
 anxious as he is to sustain trustees and inhabitants in such effv)rts, he cannot 
 go outside of the law to organize them. The provisions of law in regard to 
 tlui organization of sucli schools are ])laln and easily understood, and, unless 
 they are observed by trustees and inhabitants, those individuals will have had 
 their labor in vain. The proceedings of said special meeting are hereby 
 declared void. Nothing contained in this decision should be construed as 
 preventing or prohibiting the trustees of said district from calling another 
 special meeting of the inhabitants of the said district, at any time, for tho 
 purpose of determining whether a union free school shall be established 
 therein. Per V. M. llice. May 21, 18GG.
 
 428 Union School Disteicts. 
 
 A meeting, though dnly called, cannot acquire jurisdiction of the question of forming a union 
 free school, wheu less than one-third of the legal voters of the district are present. 
 
 It is only at a meeting called as directed by the statute, where at least one- 
 third of the legal voters are present, that the question of orgauizing a union 
 free school can be considered. 
 
 Where a question of jurisdiction is raised, the facts establishing jurisdiction 
 must be produced. Per E. W. Keyes, DejDuty Superintendent, May 15, 1863. 
 
 Where less than one-third of the voters of the district is present at a special meeting, the 
 meeting cannot take action iu the matter of organizing a union free school. 
 
 This is an appeal from the proceedings of a special district meeting called for 
 the purpose of organizing a union free school. 
 
 I consider it to be conclusively established by the testimony that less than 
 one-third of the legal voters of the district Avas present at the meeting ^yhen 
 the question upon the formation of a union free school was considered aud 
 acted upon. Less than one-third of the inhabitants could not acquire jurisdic- 
 tion of the question ; hence, the action of that meeting must be regarded as 
 wholly void. Per E. W. Keyes, Acting Superintendent, January 1, 1862. 
 
 In a meeting called to organize a union free school district, it requires an affirmative vote 
 of two-thirds of those present and voting in order to establish such district. 
 
 The meetings from the proceedings of which this appeal is brought were ' 
 held on the 21st and 2;3d of November, 1866, for the purpose of determining 
 whether said district should be organized as a union free school district, under 
 the provisions of title 9, of the general school act of 1864. The vote on the 
 main question was taken at the meeting held on the 21st of November. The 
 appellants and others moved that the vote on the main question be taken by 
 ballot, or by taking and recording the ayes and noes, but these propositions 
 were voted down by said meeting, and the vote on the main question was 
 taken viva voce, and declared by the chairman to have been in favor of the 
 establishment of such union free school. The meeting then proceeded to 
 transact certain other business, and then adjourned to the 23d of November. 
 The meeting of the 23d simply ratified the proceedings of the former meeting, 
 and then adjourned sine die. 
 
 These appellants, believing that less than two-thirds of the voters present 
 voted in favor of the establishment of such union free school, bring this appeal, 
 claiming that it is irregular and illegal to vote on the question of organizing a 
 free school otherwise than by ballot, or by ayes and noes. They also swear that, 
 to the best of their knowledge and belief, less than two-thirds of the voters 
 present and voting at said meeting, held on tlie 21st instant, voted' in favor of 
 establishing such free school. As the law requires a two-thirds vote of the 
 persons present and voting at any such meeting, as a prerequisite to organiza- 
 tion under the free school act, it is but fair to infer that the intent of the law 
 is that the vote shall be taken in such manner that the ])recise number of 
 voters for and against the proposition may be known. While it is not necessa- 
 rily fatal to the i)roceedings of a free school meeting to have the vote on the 
 main question taken viva voce, still, it throws the burden of proof ujion those 
 claiming that a free school has been organized luider such vote, and they must 
 show bv conclusive evidence, if an appeal be taken from the proceedings, that 
 at least two-thirds of those present and voting at such meeting voted to adopt 
 the free school organization. This is what the respondents have attemjited to 
 do in the y)resent case. They have procured, and submit in evidence, the affi- 
 davits of fifty-five persons, who swear that they are legal voters in said district, 
 that they were present at the meeting held therein on the 21st of November, 
 as aforesaid, and that they voted to adopt the union free school organization. 
 One of the fifty-five, Michael Conley, subsequently d(!nies his alfidavit, made aa 
 above stated, and swears that he did not vote in favor of the free school organ- 
 ization. The respondents also submit the affidavits of several voters who were
 
 Union School Distkicts. 429 
 
 not present at said nieetinof, but who testify that if they had been present they 
 should have voted to adopt the free school oro^anization. These last atKdavits 
 cannot affect the case in any way, because the question is not how certain )ier- 
 Bons might have voted had they been present, but : " IIow did those vote who 
 were present?" It apjiears, then, that fifty-four persons voted to adopt the free 
 school organization. Now, the appellants submit the affidavits of thirty-seven 
 persons, who swear that they are legal voters in said district, that they were 
 present at said meeting, and that they voted against the union free school 
 organization. Thus, from all the testimony submitted, it appears that ninety- 
 one votes were cast at said meeting, of which fifty-four were in favor of adopt- 
 ing the fcee school organization, and thirty-seven against the same. Less than 
 two-thirds of those voting on the question having voted to adopt the free 
 school organization, a free school was not legally organized in said district, 
 and the action of the chairman in declaring the district a free school district ia 
 hereby declared void, and is set aside. Per V. M. Rice, February 19, 18G7. 
 
 The trustees of a union free school districts are the legal successors of the 
 trustees of the several districts consolidated, and, of course, are entitled to 
 receive the several moneys apportioned on account of those districts. Per 
 E. W. Keyes, Deputy Superintendent, April 10, 1865. {Letters, vol. 4, p. 28.) 
 
 A "union free school district" is not entitled to elect a district clerk in addi- 
 tion to the board of education. Per S. D. Barr, Deputy Superintendent, Sep- 
 tember 27, 1865. {Letters, vol. 4, p. 276.) 
 
 A union free school district which has once determined upon the number of 
 trustees constituting the board of education has no power to increase or 
 diminish the number. Per S. D. Barr, Deputy Superintendent, November 24, 
 186G. {Letters, vol. 5, p. 707.) 
 
 In union free school districts, the clerk of the board is the district clerk, and 
 as such is the proper person to give notice of special meetings of the voters. 
 Per S. D. Barr, Deputy Superintendent, May 11, 18G6. {Letters, vol. 5, p. 377.) 
 
 The board of education of a union free school must make to the school com- 
 missioner the same kind of a report as is required of trustees. Per S. D. Barr, 
 Deputy Superintendent, October 9, 1865. {Letters, vol. 4, p. 295.) 
 
 Board of education of union free school district? can at any time appoint a new treasurer 
 
 or collector. 
 
 By examining section 7 of the union free School Law of 1864, you will find 
 that the treasurer and collector of union free school districts hold their offices 
 during the pleasure of the board of education. Hence, the board can at any 
 time appoint a new treasurer or collector. In case of an appointment the 
 board should by resolution direct the clerk to give the fornuT incumbent 
 notice that a person has been anpointed to succeed him in the office, and require 
 him to turn over to his successor all papers, funds and other matters connected 
 with the office. Per S. D. Barr, Deputy Superintendent, May 11, 1866. {Letters, 
 vol. 5, p. 380.) 
 
 Treasurer and collector of union free school district cannot be a member of board of 
 
 education. 
 
 It is not legal for the board of education to appoint a member thereof 
 treasurer of the board. The treasurer of tlie board and collector must each 
 execute and deliver to the board a bond conditioned for the faithful discharge 
 of the duties of his office. Tiie law contemplates a treasurer and collector 
 separate and distinct from the board. It miglit become necessary for the 
 board to sue the treasurer or collector. He, being a member of the board, 
 could not unite with them in suing himself Per S. D. Barr, Deputy Superin- 
 tendent, October 13, 1865. {Letters, vol. 4, p. 334.)
 
 430 Union School Disteicts. 
 
 Union frne Fchool districts not limited in tlie amount tliey can raise for tlie hnilding of 
 school-honscs, nor need they obtain consent of supervisoi wliere more than $1,000 is to 
 be raised lor that purpose. 
 
 Union free school districts are not limited as to the amount they can raise 
 for the purpose of building school-houses, nor is it necessary to obtain tlie 
 consent of the school commissioner where an amount exceeding $1,000 is to 
 be raised. Section 18 of title 7 states the general rule only, and is therefore 
 limited by section 10 of title 9, which gives a special rule for certain specified 
 districts. Per V. M. Rice, Superintendent, October 3, 1866. {Letters, vol. 5, p. 604.) 
 
 Board of education of union free school districts has no power to levy a tax for payment 
 of teachers' wages, without vote of district authorizing it, except an estimate of needful 
 amount for this purpose has been presented by the board at some annual or special 
 meeting, and inhabitants neglected or refused to vote said tax. 
 
 The " board of education " of a union free school district have no power to 
 levy a tax for the payment of teachers' wages Avithout a vote of the district 
 authorizing it, except where an estimate of the amount necessary for this 
 purpose has been presented by the board to some annual or special meeting 
 and the inhaljitants have refused or neglected to vote said tax. {See sections 15, 
 16 and 17, title 9. chapttr 555, Lmus of 1864.) Per S. D. Barr, Deputy Superin- 
 tendent, November 18, 1865. {Letters, vol. 4, p. 521.) 
 
 Boards of education of union free school districts have no power to fix a difterent time for 
 annual meetings than what the law has appointed. Meetings held on other days illegal. 
 
 As the law has fixed the time for annual meetings of boards of education of 
 union free school districts, these boards have no power to prescribe a different 
 time. Tlie Superintendent is of the opinion tliat the proceedings of an annual 
 meeting held on the second Wednesday of October would be held invalid. A 
 new meeting should be held on or after the third Tuesday of October, at which 
 the regular business of the annual meeting should be transacted. Per V. M. 
 Rice, Superintendent. {Letters, vol. 5, p. 650.) 
 
 A tlva voce vote to raise a tax for building in a union free school district is legal and bind- 
 ing upon inhabitants. Union free school districts may raise any necessary sum for build- 
 ing without cousent of supervisors. New building must be erected upon site now owned 
 and occupied by district, unless inhabitants direct oihcrwise. Board must not sell or 
 tear down old house without consent of inhabitants, nor must they fence school lot, or 
 Bupply house with school furniture, without directions from inhabitants. 
 
 By virtue of section 10 of the free school act, your district had power to vote 
 such sum as the inhabitants deemed necessary for the purpose of building a 
 new school-house, and the same section gives the inhabitants power to direct 
 that the tax voted by them shall be raised by installments without restricting 
 them, as in the case of districts under the general act, to a vote " to be 
 ascertained by taking and recording the ayes and noes." The Superintendent 
 ie of the opinion, therefore, that a viva voce vote to raise a tax for building in a 
 union free school district is legal and binding upon the inhabitants. 
 
 2. Union free school districts have power to raise any sum which the inhab- 
 itants may deem necessary for building purposes, without obtaining the con- 
 Bent of the school commissioner in whose; district they are situated. 
 
 3. A taxable inhabitant is one who is liable to be assessed, whether he ia 
 actually taxed or not. 
 
 4. Unless otherwise specially directed by the inhabitants, the board of educa- 
 tion must cause the new building to be erected (m the site now owned and 
 occupied by the district. 
 
 5. The board have no right to sell or tear down the old school-house, unless 
 BO spf'ciiilly directed by tin; inhabitants. 
 
 6. Where the inhabitants have conferred upon the board the simple power to 
 build a new house for the district, the Superintcuident is of the opinion that the 
 board cannot safely jirocet^cd to fence the school lot, or supply the house with 
 ordinary Bchool furniture, without farther action on the part of the inhabitanta.
 
 TTnion School Distkicts. 431 
 
 Thoy ir.ay seat the house, or furnish teachers' desks, etc., because those articles 
 are fixtures, and form properly a part of tlie house ; but more than this tlio 
 Superintendent would not advise them to do unless authorized by the inhab- 
 itants. Per V. M. Rice, Superintendent, October 24, 186-1. {Letters, vol. 5, p. 053.) 
 
 A pupil may be expelled from the school by order of the board of education 
 for immoral conduct or persistent disobedience. 
 
 Tho board has the right to prescribe the course of study and the text-books. 
 
 The board has the further right to require regular and prompt attendance 
 on the part of the pupils. Per V. M. liice. Superintendent, January 22, 1866. 
 {Letters, vol. 5, p. 94.) 
 
 Free school districts cannot return to the old system. 
 
 After it has been decided at a regularly called meeting, legally held by the 
 district, to establish a union free school in such district, it is not in the power 
 of the inhabitants to return to the old system ; and any resolution to that etiect 
 passed at any subsequent meeting of the district would be simjjly null and 
 void. Per V. M. Rice, Superintendent, April 12, 1806. {Letters, vol. 5, p. 297.) 
 
 Board of education of a union free school district cannot appoint as treasurer or collector 
 'a person who is not a taxable inhabitant of the district; but if the one appointed col- 
 Jector possesses personal property valued at fifty dollars, exclusive of such as is by law 
 exempt from levy and sale on execution, he is a taxable inhabitant. 
 
 It is not in the power of the board of education of a union free school district 
 to appoint as treasurer or collector a person who is not a taxable inhabitant 
 of the district ; but if the person appointed collector possesses personal property 
 of the value of fifty dollars, exclusive of such as is by law exempt from levy 
 and sale on execution, he is a taxable inhabitant within the meaning of the 
 act. It is not conclusive evidence that he is not a taxable inhabitant because 
 his name does not appear on tho assessment roll of the town. Per V. M. Rice, 
 Superintendent, November 20, 1865. {Letters, vol. 4, p. 534.) 
 
 The trustees of a union free school district elected at the first meeting enter npon their 
 office forthwith, and hold office until one, two or three years from the second Tuesday of 
 October coincident with or following their election. 
 
 The trustees of union freg school districts may and should enter upon their 
 duties immediately after tlioir election, and they hold their office until one, two 
 and three years " from the second Tuesday of October coincident witli or fol- 
 lowing their election." Among other things, it is the purpose of section five 
 to make provision : First, for tlie term of otiicc of trustees elected in and for 
 union free school districts, a; the annual meeting on the second Tuesday of 
 October. Those elected at such time hold their ofiice by virtue of their elec- 
 tion. Second, for the term of office of those who shall be elected when the 
 district shall be formijd ])rior to tho second Tuesday of October, the time of 
 holding the annual meeting. These hold their office, by virtue of their elec- 
 tion, until the second Tuesday in the next following October, and one, two and 
 three years thereafter, according to the class to which by the action of tho 
 meeting tliey may have been assigned. You will not fail to perceive that, after 
 the first organization of union free school districts other than those whose 
 limits correspond with those of any city or incorporated village, the term of 
 office of trustees expires on the day of the annual meeting, and that, after the 
 first annual meeting, no class hold office by virtue of their election for more 
 than one, two or three years. Per V. M. Rice, Superintendent, December 21, 
 1805. {Letters, vol. 4, p. 713.)
 
 432 Vacancy. 
 
 VACANCY. 
 
 A person elected at the same time clerk and trustee, and accepting the oflSce 
 of trustee, vacates the clerkship, and a new clerk must be elected or appointed 
 in his place. Per Spencer, May 22, 1839. 
 
 A trustee cannot be librarian. 
 
 A librarian is subject to the direction of the trustees and responsible to them. 
 There is an incongruity in a man being subject and responsible to himself. 
 There is the same incompatibility between the offices of librarian and trustee 
 as collector and trustee. Per Spencer, November 25, 1839. 
 
 District oflBcers cease to be such when set off from an old district to a new one. 
 
 If a new district (15) was erected out of No. 2, and No. 2 was not declared a 
 new district, it is in law the same district, although its territory may be dimin- 
 ished ; and the trustees and officers in office at the time of the division, and 
 residing in No. 2, will continue such during the year for which they were 
 elected. But such of them as reside in district No. 15 and do not change their 
 residence to No. 2 cease to be officers of No. 2, by virtue of the provision of the 
 statute which declares, in reference to a local officer, that a vacancy is created 
 by an incumbent ceasing to be an inhabitant of the district for which he was 
 appointed. Per Spencer, May 15, 1839. 
 
 Where a town superintendent (supervisor) decides that a vacancy exists in the office of 
 trustee, ho should wait one month after announcing his decision before assuming to fill 
 the vacancy. 
 
 This is an appeal from a decision and order of the town superintendent of 
 Beekmautown, on the 22d day of November last, deciding that there were two 
 vacancies in the office of trustee in said district, and appointing two persons to 
 fill such vacancies. 
 
 From a careful examination of the papers, I am satisfied that the town super- 
 intendent was correct in deciding that the vacancies existed ; but, the district 
 being one lying partly in two diffi^rent towns, it required the action of the 
 town superintendents of both towns to fill the vacancies by appointment. 
 (By section 30, article 7, chapter 555, Laws of 1864, the vacancy may be filled 
 by the supei'visor of the town in which the school-house is situated.) The 
 appointments which were made were therefore void, although the town super- 
 intendent, in proceeding to fill the vacancies, may have acted in perfect good 
 faith. 
 
 But, even if he had the right to fill the vacancy, I am of opinion that he 
 should have waited one month after announcing his decision that the office 
 Avas vacant, in order that the inhabitants might have an opportunity to supply 
 the vacancies if they desired to do so. 
 
 Therefore, it is hereby declared that the appointments so as aforesaid made 
 were and are irregular and void, and the clerk of said district is hereby ordered, 
 within ten days after he receives this order, to call a spcx'ial meeting for the 
 purpose of filling the vacancies whicli exist in the office of trustee in said dis- 
 trict. Per II. S. Randall, March 20, 1852. 
 
 A member of a board of education elected to and accepting the office of 
 supervisor vacates his office as member of such board. The remaining mem- 
 bers of the board have power to fill the vacancy until the next annual meeting. 
 
 Until such a])i)ointment is made the remaining members of tlie Ijoard liavo 
 full ])ower to act on all matters, and their contracts with teachers for any term 
 whatsoever are valid. Per E. W. Keyes, March 9, 18G5. {LuUera, vol. 3, p. G80.)
 
 Voters. 433 
 
 A legal appoiutmcnt by the Fnpcrvipor, of a trustee to till a vacancy, cannot be ?ct aside by 
 tills department, nor be superseded by au election. 
 
 On an appeal from the action of the supervisor, in appointing a person to fill 
 a vacancy in the ollice of trustee, the facts are as follows : A vacancy had 
 occurred in the office of trust{;e, and a special meetinsf was called, after some 
 delay, for the purpose of filling it. Meantime, however, the supervisor had 
 appointed a pers;)n to fill the vacancy, and an appeal from his action is there- 
 upon brought to this department. 
 
 This proceeding on tlie part of the supervisor was strictly legal, and, in the 
 absence of all evidence showing fraud or collusion, it cannot be set aside. The 
 request that this de()artment direct the calling of a new meeting for the pur- 
 p'Ose of electing a trustee cannot bo granted. The person appointed by the 
 supervisor to till the vacancy, holding his office by legal and valid api)oint- 
 ment, cannot be superseded by the action of a district meeting. Per E. W. 
 Keyes, Deputy Superintendent, May 6, 1859. 
 
 Appointment of trustee by supervisor to fill vacancy is not for the balance of unexpired 
 term, bui only till next annual meeting. 
 
 An appointment of trustee by the supervisor, to fill vacancy, is not for the 
 balance of the imexpired term, but only till the next annual meeting. If the 
 vacancy is filled by a district meeting, the rule is different. A resident of 
 the district, and legal voter at town meetings, may or may not be qualified to 
 vote at school meetings. The qualifications of voters at school meetings are 
 very clearly set forth in section 12, title 7, chapter 555, Laws of 1864. Per 
 V. M. Kice, Superintendent, October 15, 1806. {LMers, vol. 5, p. 63S ) 
 
 An incapacity existing at the time of the election of trustees, which the voters have dis- 
 reirarded, must be judicially declared by this department, before a vacancy is created 
 that will authorize a new election. 
 
 Where one of the trustees elected at a district meeting was an alien by 
 birth, and had never filed in the office of the Secretary of State an affidavit of 
 having taken the incipient steps to be naturalized, necessary to enable him to 
 hold real estate, it was held tliat he was not entitled to vote at a school district 
 meeting, and tliat, upon the general principle that no person is qvuilified to 
 hold an office who is not himself entitled to vote, his election as trustee was 
 void. But the proceedings of a subsequent special meeting of the district, 
 assuming lo decide that ho was ineligible, displacing him, and electing 
 anotlier person in his place, Avere totally unauthorized, and such election was 
 illegal and void. A district meeting can only elect in case of a vacancy caused 
 by death, removal, or incapacity occurring after the election of the officer. An 
 incapacity existing at the time of the election, and which the voters choso 
 to disregard, mu.st be judicially declared by this department or some other 
 legal tribunal, upon direct proceedings for that purpose, before a vacancy can 
 be created authorizing a new election. Per E. P. Smith, Deputy Superintend- 
 ent, June 23, 1857. 
 
 VOTERS. 
 
 In an appeal to set aside the proceedings of a meeting on account of illegal 
 voting, it is not enough to allege that a man was not a legal voter. The 
 B])ecific grounds of disqualification should be set forth. Per Dix, December 
 
 1, 18;!8. 
 
 An election will not be set aside because of illegal votes when they do not afTcct the result. 
 
 At the election of a trustee in district No. 2, Rochester, Ulster county, 
 January 15, 1850, four illegal votes were cast fur the successful candidate, who, 
 however, had ten majority. 
 
 65
 
 434 Voters. 
 
 The reception of tlie four illegal votes did not affect the result, and tha 
 appeal niust be dismissed. Per E. P. Smith, Deputy Superintendeut, February 
 28, 1850. 
 
 Proceedings carried by illegal votes will be set aside on appeal. 
 
 Neither the Department of Public Instruction, nor the moderator of a school 
 district meetinp;, has any right, under the statute, to prohibit any male person, 
 "wlio malces the declaration required by law, from voting ; but it will be the 
 duty of this department to correct and set aside all proceedings consummated 
 or carried by votes clearly illegal, the result depending iipon them. It is the 
 duty of the person acting as chairman or moderator of a district meeting to 
 permit any person challenged to make the declaration required by statute, and 
 any refusal to perform this duty will be good ground for setting aside the 
 proceedings of a school district meeting. Per N. S. Benton, July 12, 1847. 
 
 An alien who is a legal voter may hold office in a school district. . 
 
 Mr. George Oliver, an alien, who was entitled to hold real estate, liavirg 
 taken the necessary legal steps for that purpose, was elected trustee of school 
 district No. 1, Bombay, on the 4tli day of October, 1842. 
 
 The Superintendent is unable to see any good cause why any inhabitant 
 of a school district, legally authorized to vote therein, should not be admitted 
 to a free participation in the offices of the district, or rather why he should 
 claim an exemption from the burdens which the law devolves upon tho 
 other inhabitants of the district in super\ising its aftairs from year to year. 
 There is in reality very little analogy in cases of this description, to those 
 against which our laws in reference to aliens were intended to provide. 1 am 
 therefore disposed to hold any and every legal voter in a school district eligible 
 as an officer therein. Per Young, November 18, 1842. 
 
 In electing trustees, the form of the ballot is not material, if it unmistal^ably csp.-tiss tho 
 
 voter's preference. 
 
 The statute requires, when trustees are elected at the annual meeting, that 
 •' the voters shall designate by their votes for Avhich term each of the trustees 
 is elected." The language by which such designation shall be shown is left 
 to the voter's selection. Where two trustees are to be elected for different 
 terms, tho words on the ballot "long term" and "short term" sufficiently 
 indicate the intention of the voters. But it cannot be said that this form of 
 ballot is the only legal form. Any form that sufficiently designates the voter's 
 intention must be held good under the statute. 
 
 The principle governing is that a simjile informality, or an immaterial 
 omission, shall not deprive a lawful voter of his voice in the election. Per V. 
 M. Ilice, Superintendent, Jlay 8, 18G2. 
 
 Qualifications necessary to entitle aliens to vote at district meetings. 
 
 On an appeal from the proceedings of a special meeting, it appears that tha 
 meeting had voted, l)y a clear majority, to enlarge the site and build a new 
 Bchool-liouse. It is claimed by the appellants tlmt the meeting was controlled 
 by illegal votes. 
 
 It is insufficient proof of their riglit to vote at district meetings that certain 
 persons have declared their intention of becoming citizens, and forwarded their 
 declaration to tlie Secretary of State, l)y mail, in time, as they say, to have 
 reached him before the meeting was held at which they voted. Sucli persons 
 must clearly jirovi; the actual filing of their declaration of intentions before 
 they can be regarded as legal voters at such election. Per E. W. Keyes, 
 Deputy Superintendent, May 2, 1859.
 
 VOTKKS. 436 
 
 A chairman of a school district mectinp; is entitled to a rote npon all questions involving 
 the luvyinj; ofu tax. 
 
 This is an appeal from tlie proceedinj^ of the annual meeting held in said 
 district on tlio Gth day of April last, in votinf^ a tax of $400 for the piiri)Ose of 
 buildinjr a school-house therein. It appears by the papers in the case tliat 
 the resolution by which the tax was authorized was passed by a vote of six to 
 five against the same. The appellant claims that the resolution was illegally 
 pa.«sed, because, 
 
 1. The clerk of the meeting refused to call the name of the chairman, deny- 
 ing his right to vote ; 
 
 2. That had the chairman been allowed to vote, he would have voted against 
 Baid resolution ; and 
 
 3. That one of the votes in favor of said resolution was given by a person 
 who was not a legal voter in said district. 
 
 In their answer to the appeal, the trustees concede that the chairman was 
 not permitted to vote upon said resolution, but they deny that he was lawfully 
 entitled to vote thereon, on the ground that he was chairman of the meeting 
 and only entitled to a casting vote. 
 
 The trustees having made this concession have clearly shown that the pro- 
 ceedings of the meeting were not legally conducted, inasmuch as a legal vote 
 was rejected, which if received might have affjcted the result of the vote upon 
 the resolution. The chairman was equally entitled to vote upon the question 
 of raising a tax with the other tax payers and voters of the district, and the 
 meeting had no ri :ht to deprive liim of his privileges or o'.hers of the benefits 
 which I hey might have received had his vote been counted. 
 
 It is therefore ordered that the proceedings of the meeting aforesaid, so far 
 as tlie same relate to tlie resolution authorizing a tax of $-100 for the purpose 
 of building a school-house, be and the same are hereby set aside. Per H. S. 
 Kandall, June 23, 1852. 
 
 Who arc legal voters at district meetings, and what vote is necesscry to raise tax by install- 
 ments. 
 
 The qualification of voters in school district meetings is defined in section 
 59, chapter 480, Laws of 1847. (Xo. 84, School Laics and Forms /or 1848. See 
 also sec. 12, tilie 7, pat/e 80, ante, General School Act.) 
 
 Every person, to be a voter in a school district meeting, must, therefore, be 
 a male, twenty-one years of age, and a resident of the district. Any person 
 having these three qualifications, and "entitled to hold lands in this State, 
 who owns or hires real property in such district, subject to taxation for school 
 purposes," is a voter. 
 
 This clause authorizes aliens, Avho have declared their intention to become 
 citizens of the United States, and who have filed a certificate of such intention 
 in the otfice of the Secretary of State, to vote, provided they own or hire real 
 property in the district. It also authorizes tenants of houses or lands, subject 
 to taxation in the district, to vote, whether they pay the taxes or not. Legal 
 voters at town meetings, who have paid a rate bill for teachers' wages within 
 one year preceding, are also voters in the district where they reside. 
 
 Any person who has a family, and is a legal voter at town meetings, and has 
 personal property liable to be taxed in the district, exceeding fifty dollars in 
 value, exclusive of such as is exempt from execution, is also a voter. 
 
 A man without a family, having personal property exceeding fifty dollars in 
 value, liable to taxation, is also a voter, because his property is none of it 
 exempt from execution. 
 
 Hence, it follows that while, on the one hand, in sonc cases, aliens, not legal 
 voters at town meetings, may be legal voters at district school meetings ; on 
 the other hand, in all cases, legal voters at town meetings, who do not own or 
 hire real property, and who have not personal ])roi'er:y excMupt from execution 
 exceeding fifty dollars in value, are not legal voters in district school meetings. 
 And, as to be " a male of full age, and a resident of the district," is an essential
 
 436 VOTEKS. 
 
 qualification of every voter, women are necessarily denied tlie privilege of vot- 
 ing in any case. 
 
 A district meeting, legally called and assembled, may, by a majority of those 
 present and voting, vote to raise $400 ($1,000) or less, for the purpose of build- 
 ing a scliool-house, and, also, any sum necessary for the purchase of a site. 
 And, if the town superintendent shall certify in writing that a larger sum is 
 necessary for building a school-house, and shall specify the sum, any amount 
 not exceeding the sum so specified may be raised by a majority of "the legal 
 voters present and voting at the meeting. {Sec. 70, chap. 480, Laivs nf 1847.) 
 
 School districts are not permitted to mortgage or incumber their school- 
 house lot. But in order to enable a district to raise a large sum of money, 
 without the necessity of laying a tax for the whole of it in one year, section 
 71, chapter 480, Laws of 1847, provides for raising a tax by installments. 
 
 The words " taxable inhabitants," in this section, being used without limita 
 tion or qualification, must be construed to mean all who are liable to be taxed, 
 and who attend the meeting, citizens, aliens, women, minors, residing in the 
 district. The number of taxable inhabitants can be ascertained from the last 
 assessment roll of the town. A majority of such inhabitants attending, to be 
 ascertained by taking and recording the ayes and noes, is necessary to the 
 validity of a vote to raise a tax by installments. But this majority must be 
 made up of legal voters, for, although this section of the statute requires a 
 majority of all the taxable inhabitants attending to have their names recorded 
 in the affirmative, it does not make all the taxable inhabitants legal voters for 
 the purposes of such a vote. Who then are legal voters under this section ? 
 The same persons, and no others, authorized to vote by section 59. hereinbefore 
 quoted. Neither women nor minors, nor persons not liable to be taxed, can 
 vote upon the question of raising a tax by installments. Therefore, a man 
 who hires a house raid is a legal voter at district meetings in ordinary 
 cases, but who is not on tlie assessment roll, and pays no taxes, cannot vote 
 upon this question. If one person owned all the land of a school district, and 
 it was all assessed to the owner, the tenants could not vote upon this question, 
 unless they were assessed for personal jjroperty. Non-residents, although tax- 
 able, are not such " taxable inhabitants," within the meaning of this section, 
 as to be enumerated in estimating the number of taxable inhabitants in the 
 district, and they are not voters in any case. The tax raised by virtue of this 
 st;ction must also be raised by equal annual installments. For example : If it 
 be voted to raise $1,000 in five equal annual installments, the sum to be raised 
 each year must be $200, and not, as some have supposed, $200 witli the interest, 
 that is $207 at the end of the first year, $214 at the end of the second year, 
 and so on. Trustees and others must tlierefore make their contracts accord- 
 ingly. Per Morgan, September 26, 1848.* 
 
 An alien, though he ha? taken the incipient me.isiircs to he nntnralized. is not qnalified to 
 vote at a scliool district meeting in the district where he resides, unless an allidavit of 
 that fact be tiled and recorded in the ollice of the Secretary of State. 
 
 Tliis is an appeal taken by five of tlic inhabitants from the proceedings of a 
 special school district nu'eting, lioldeu in district No. 6, in the town of Mon- 
 tague, Lewis County, in the early part of October, 1854. 
 
 The appellants aver that persons not duly qualified to vote did vote at said 
 meeting, and that their votes aflected tlie result. It seems tliat the only 
 material vote of the meeting was carried by two majority, whereas the right of 
 tliree persons to vote, who voted with the majority, was doubtful. One of them 
 was a man working for a resident of the district, but whether he was of legal 
 age and possessed the other requisite qualifications is by no means certain. 
 
 * Since this decision was made, the law has added to the qualifications— a person "who 
 ha? permanently residing wilh liini a child, or children, of school age, some one or more of 
 whom shall have attended the district school for a period of at least eight weeks witliiu 
 cue year preceding." iSec p. 98, ante.) 
 
 Tlie instalUnenls are required now to he equal, hut notaunual, and interest may be added, 
 as they become due and payable. {Se( p. 121, unit.)
 
 Voters. 437 
 
 The other two persons, Messrs. Fuller and Boyd, are aliens, and only during 
 the week that the meeting of May, 185 i, stool adjoiirneJ to, did tlioy lilo 
 their intentions of becoming citizens._ An alien, though he lias taken the 
 incipient measures to obtain naturalization, cannot hold real property or be a 
 qualified voter at a scho )1 district meeting in tho district where he resides. 
 
 He is rcciuired to malie a deposition or ailirmation in writing, before an 
 ollicer authorized to take the ])rool's of deeds to be recorded, tliat he is a 
 resident of and intends always to reside in the United States and to become a 
 citizen thereof as soon as he can be naturalized, and that he has taken such 
 incii)ient measures as the laws of the United States require to enaljlo him to 
 obtain naturalization, which shall be certified by such otiicer, and be liled 
 and rec!)rde(l by the Secretary of State in a book to be kept by him for that 
 purpose, and sucli certificate, or a certified copy of it, shall be evidence of the 
 facts tlierein contained. 
 
 As Me:^srs. Fuller and Boyd did not comply with the requirements of the 
 statute, and therefore could not become owners of taxable property, the con- 
 clusion becomes a necessary sequence that the vote was void. Per V. M. liice, 
 October 30, 1854. 
 
 Tho right to vote at a school district meeting docs not depend upon the fact that the person 
 ofteiing to vote lias been actually taxed, but rather upon his liabiliiy to taxation. 
 
 A niDtioii to n consider a vote of a district nieetiiif? may be made by a person votinjj with 
 the minority, unless ti.e meetin;,' l^uve a diti'erent rule. 
 
 The objections of the appellants are that two persons voted at the district 
 meeting, for the change of site, who are not enrolled upon the tax list as tax- 
 able inhabitants ; that, by the list referred to, there are twenty-six taxable 
 inhabitants ; that only twelve " taxable inhabitants " voted in favor and twelve 
 against tin; resolution changing the site ; that the motion to reconsider a former 
 resolution adopted at a ]n-evious meeting, in regard to the site, was made by a 
 
 Eerson who, at such previous meeting, voted against the resolution of which 
 e moved a reconsideration. 
 
 Tlie rule of legislative proceedings, which requires a motion for reconsider- 
 ation to be made by one who voted with the prevailing party, is not binding 
 upon the district meetings, unless expressly adopted by them. There is, there- 
 fore, no force in the objection based ujion a dei)arture from this rule, as it does 
 not a])pcar to have been acted upon by the inhabitants of district No. 14. 
 
 The respondents allege that fourteen persons voted for the change of site. 
 This is not inconsistent with the allegation of the appellants, for they acknowl- 
 edge that twelve " taxable inhabitants" thus voted, and they aver that two 
 persf)ns whom they deny to be legal voters also voted for the resolution. It 
 was then properly passed, provided the two persons named had a right to vote. 
 Their tith; is impeached on the naked ground that they are not enumerated on 
 the tax list. This evidence is nut sutRcient to bar their right to vote, which 
 depends not on the fact that they are actually taxed, but upon their liability 
 to taxation. It devolves upon the appellants to disclose aifirmatively such 
 grounds of objection to one who has been admitted to vote, as, if taken for 
 true, in the very words stated, will repel every presumption by which his 
 claim might be sustained, by showing the absence of some essential qualifica- 
 tion. This the ap])ellants have failed to do, and tho objection must be disre- 
 jrarded and the a])peal dismissed. Per E.-P. Smith, Deputy Superintendent, 
 September 15, 1855. 
 
 Ri'j'ht of inhabitant to vote at school district meeting depends not on his being taxed, but 
 on his liability to be taxed. 
 
 The right of an inhabitant to vote at a school district meeting docs not 
 depend on his being taxed, but on his liatiility to be taxed. The last com- 
 pleted assi^ssment roll of the town controls trustees as to the valuation of 
 property therein enumerated. If they ascertain that persons have been 
 omitted who ought to be taxed, or that real estate has been omitted belonging
 
 438 Voters. 
 
 to persons tvIio are taxed for otlier property, it is their duty to assess sucTi 
 persons and property, giving the proper notice. Their omission, however, 
 does not affect tlie right of the persons overloolvcd, to vote or lipid office. Per 
 E. P. Smith, Deputy Superintendent, October 4, 1855. {Lttttrs, vul. 3, jp- 597.) 
 
 The fact that a man hires a house by the month or by the week, and pay3 
 the rent by his labor, and not in cash, does not change or take away his right 
 to vote at scliool meetings. The rent of the house forms a part of the consider- 
 ation paid for his labor. Per S. D. Earr, Deputv Superintendent, October 28, 
 l«(j5. {Ldters, vol. 4, p. 430.) 
 
 Chairman of board of education may vote. 
 
 The chairman of a board of education has a right to vote on all questions 
 acted ujjon by the board, the same as any other member. Per V. M. Rice, 
 Superintendent. 
 
 A husband cannot vote at district meeting because his wife owns real estate. He mnst have 
 per.-onal property of his own above the vahie of $50. and possess all other necessary lej-al 
 C[ualitications. Any <ine who |)ossesses such qualifications, and owns or hires real estate 
 in a district subject to taxation for school purposes, is a leiral voter at school district meet- 
 inL's. No person who is entiilod to vote at town niectin;i's is a legal voterat school district 
 meetings, unless he be a resident, and has real estate taxed for school purposes, or owns 
 property above the value of $50. " By a majority of the votes of those present " nieana 
 " by the majority of those present and votin;;." No special or annual meeting can delay 
 the collection of a tax voted at a previous meeting. 
 
 By the laws of this State a married woman may hold and dispose of real 
 estate, entirely independent of the husband, and the husband has by law no 
 property or interest in the wife's separate estate. Consequently the husband 
 can acquire no right to vote at school district meetings simply because liis 
 wife owns or hires real estate. If, however, ho has personal property of his 
 own above the value of $50, except such as is Ijy law exempt from levy and 
 Bale on execution, he is a legal voter at such meetings, unless there should bo 
 certain other disqualifications, such as alienage, nonage, etc. 
 
 2. Any person possessing the proper qnaliiications of age, citizenship, etc., 
 ■who owns or hires real property situated in the district, liable to taxation for 
 school ])urposes, no matter to whom the same is taxed, is a legal voter at 
 Bchool district meetings. 
 
 3. No person who is entitled to vote at town meetings is a legal voter at 
 school district meetings unless he is a resident, and owns or hires real estate, 
 liable to taxation for school purposes, situated in such district, or unless he 
 owns personal pro))erty exceeding $50 in value, exclusive of such as is exempt 
 from execution (or has permanently residing with him a child or children of 
 school age, over one or more of whom sliall have; attended the district school 
 for a pi-riod of at least eight weeks within one year preceding). 
 
 4. The words of the statute "by a majority of the votes of those present " 
 have been in a number of instances construed to mean " by the majority of those 
 present and voting." That is the only reasonable and consistent interj^retation 
 of the statute, and it is undoubtedly what the Legislature meant when tho 
 law was enacted. 
 
 5. If tlie vote at the adjourned anniial meeting to raise $3,400 to build a new 
 Bchool-lioiise was legal and regular, th.en the action of the special meeting held 
 January 2 was irregular. The sjjecial meeting was held too late to rescind 
 the vote of the adjourned annual meeting, and no special nor annual meet- 
 ing has the power legally to delay the collection of a tax voted at a previous 
 mooting. The adjourned annual meeting voted, according to your statement, 
 to r.iis ; $1,200 immediately, and $1,200 the first of May next, for the jjurposo 
 of building a new school-house. The only way in wliich a tax may be levied 
 and collected by installments is prescribed in section 19, title 7, cha]>ter 555, 
 Laws of 18G4. (.SVe pagp. 121, anlc.) Unless the meeting comjjlies witli that 
 Bcctiou, that tax list cannot be raised in such a manner. Your district did not
 
 Voters. 439 
 
 comply with tlic requirements of the section above named, and the tax which 
 ^^s voted cannot be raised by instalhncnts. Tlic direction of the nieelin;;' lliat 
 $1,200 of the amount slioukl not be collecte<l till th(! first of ^luy next is sim- 
 ply surplusa^^e and is not bindin<>: ui)on the trustees, because tlie meeting 
 had no power to give such a direction. The trustees should make out their 
 tax list at once for tlie whole amount voted by the annual meetin<>-, $3,400. 
 You will recollect, however, that before a tax exceedino- $800 (§1,000), for the 
 building,' of a school-house can be levied, the consent of the school commissioner 
 must be obtained. {See sec. 18, title 7, chapter 555, Laws of 1864.) Per V. M. 
 Kice, Superintendent, January 11, 18G0. {Letters, vol. 5, pj^. 57, 58.) 
 
 A nesfro of full afje residing in your district, and owning or hiring real 
 estate therein, is entitled to vote at your school district meetings, even though 
 he has not real estate assessed at $"^50. Per V. M. Kice, Superiutcudent, 
 October 25, 18GG. {Letters, vol. 5, p. GG2.) 
 
 Deserters arc not by law disqualified to vote at district meetings. 
 
 The Legislature of this State has not passed an act disfranchising deserters; 
 consequently, if otherwise qualified, they are entitled to vote at school district 
 meetings. Per S. D. Barr, Deputy Superintendent, November 28, 18GG. {Letters, 
 vol. 5, p. 719.) 
 
 Qualifications of certain oflicc holdei's. 
 
 The Revised Statutes {part 1, chapter 5, title G, article 1) provide that 
 " no person shall be capaljle of holding a civil office, who, at the time of hi3 
 election or apiiointment, shall not have attained the age of twenty-one years, 
 and who shall n(jt then be a citizen of the United States. A citizen is a 
 person in the United States, native, or naturalized, wlio has the privilege of 
 exercising the elective franchise, or the qualifications whicli enable him to 
 vote for rulers, and to purchase and hold real estate." Per V. M. Rice, Super- 
 intendent, July G, 1854. {Letters, vol. 1, p. 20G.) 
 
 Jlodcrator of a school meeting may vote. 
 
 A moderator of a school district meeting, being a legal voter, has the same 
 riglit to vote as though he did not preside. 
 
 Tlie same i)rinciple api)lies as with the speaker in our Assembly, the House 
 of Representatives, the English House of Commons, and the president of the 
 Senate, when he is a member of that body, etc. 
 
 Duty of moderator, when vote is challenged, to find if person offering it is a legal voter. 
 
 It is the duty of the moderator, when a vote is challenged, to ascertain 
 whether the person offering it is a legal voter ; and, if he fails to make the 
 necessary investigation, he is negligent in his duty. Per V. M. Rice, Superia- 
 teudeut, December 2, 1854. {Letters, vol. 1, p. 424.) 
 
 The law docs not declare the quantity of real estate necessary to entitle a man to vote at 
 
 district meetings. 
 
 The law gives no limit to the value of the real estate which the resident of 
 a school district must hold in order to entitle him to vote at district meetings. 
 He may lease but a mere shanty, and pay the rent in money, work, taxes or 
 improvements, still he is a voter, even though he may have In^en exempted 
 from the jiayment of teachers' wages on account of indigence. Per V. M. Rice, 
 Superintendent, January oO, 1855. {Letters, vol. 2, p. 101.)
 
 DIGEST OF DECISIONS 
 
 OF THE 
 
 NEW YORK STATE COURTS, 
 
 RELATING TO COMMON SCHOOLS. 
 
 Dividing districts. The town superintendent, witli the supervisor and 
 town clerk, annexed a part of district No. 14 to district No. 3, the residue of 
 No. 14 beino; annexed to No. 13, and district No. 14 annulled. The trustees of 
 Nos. 3 and 14 consented to these alterations, and notice of the alteration was 
 given to the trustees of No. 13, who had not consented. Hdd, that the altera- 
 tion took effect immediately as to the part annexed to No. 3, although the 
 trustees of district No. 13 did not consent. {Supreme Court, 18tG, Williams v. 
 Larkin, 3 Denio, 114.) 
 
 MEETixa OUT OF THE DISTRICT. Pcnsons elected as trustees at a meeting 
 held without the limits of the district, and who subsequently acted as such 
 without objection, hdd to be officers de /ado. {Sapreme Court, 1858, Hijer v. Cris- 
 pdl 28 Barb., 54.) 
 
 A tax was voted at a school meeting held within the district, on adjournment 
 from a previous meeting which was held without the district ; but it did not 
 ap|)ear that at the original meeting any inhabitant was not notified, or com- 
 plained then or afterward of the irregularity, or that there was any absentee 
 from the adjourned meeting, or that any objection or complaint of the irregu- 
 larity of the proceedings was made at the second meeting. Ildd, that the court 
 miglit presume a waiver of the irregularity, if it were such, and a unanimous 
 assent to the irregularity of the adjourned meeting. Id. 
 
 Annu.m, meeting. The provision of 1 Revised Statutes, 480, section 74, 
 requiring the clerk to post notices of annual meetings, is merely directory to him. 
 If the meeting convenes at the time and place fixed at the previous annual meet- 
 ing, it is enougli, unless the omission to post notices was fraudulent. But the 
 regularity of such meeting cannot be sustained on the mere ground that it 
 was an adjourned meeting. {Supreme Court, 1844, Marcnant v. Langworthy, 6 
 nUl. GIG.) 
 
 This decision was affirmed in the court of errors in 184G, but no written 
 opinions were rendered. (3 Denio, 52G.) 
 
 A GEXEU.vii NOTICE of tlui ol)ject of a special meeting is sufTicient. So 
 hell, wlien, under a notice that the object of the meeting was for the ])urposo 
 of buying or building a school-house, and transacting such other business, 
 etc., the meeting jiroceeded to buy a school-house. {Supreme Court, 1846, 
 WiUia)n-s v. Larkin, 3 Denio, 114.) 
 
 Trustees not ijai5i.e foii clerk's fraud. Though the clerk fraudulently 
 misrepresent the object of the meeting to some of the inhabitants, and bo
 
 Digest of Decisions of N, Y. State CouPwTS. 441 
 
 prevent tlieir attendance, the trustees, if they are not parties to the fraud, are 
 not thereby foiiderod trespassers in asscssinjf and levying a tax voted at tlie 
 meeting, {d'cpreniis Court, 1845, RandaU v. Smitli, 1 Dcnio, 214.) 
 
 Fixing .vjiount op tax. 'I'he vote was to raise $400 by tax, to build a 
 Bchool-iiousj, and directed the trustees to sell the old building, and treat the 
 avails of tlij sale as so much of the fund in hand. Udd, valid. {iSiqirmne Court, 
 184o, 'Lui.ibuU V. Wkitt, liiil, 40.) 
 
 A voce was passed authorizing the trustees to sell the old school-house and 
 build a new one in its place, and the vote, by fixing the dimensions of the 
 hous ', had the efljct of restricting the expense to a sum below the amount 
 of 1:^400, liniiied by law for the ex])ense of a new house. Hdd, tliat under the 
 act of 1811 {Laws of 1841, 338, set'. 14), providing that when tlie trustees of any 
 school district are reqiured, or authorized by law, or by a vote of their district, 
 to incur any expense for such district, they may rai.se tiie amount thereof by 
 tax iu the same manner as if the deiiuite sum to be raised had been voted. 
 The trustees were authorized by such a vote to incur the expense. The statute 
 should not be so construed as to contine its operation to small incidental 
 expenses. {Supremf: Court, 1847, Acktrman v. Vail, 4 iJtnw, 207.) 
 
 A school district voted " to raise, by tax on the district, a sum which, 
 together with the amount that should arise from the sale of a school-house in 
 district No. 4, should amount to the sum of ijiolo ; " and, there being no power 
 to sell the school-house meuyoued, the trustees raised, by tax, the whole sum 
 of §olo. Udd, that the fair Ibnstructiou of the resolution was that, in the con- 
 tingency of nothing being realized from the sale of the school-housc% the trus- 
 tees were authorized to raise the entire amount of §ol5 by tax, and that the 
 amount to be raised was sufficiently definite to satisfy the law. (5 IIUl. 46 ; 4 
 Denio, 208; 3 id., 115 ; Supreme Court, 1858. Mijtrs v. Crispdl, 28 Baih., 54.) 
 
 Fi-XiXG SITE. The meeting cannot delegate their power to designate the 
 Bite of a school-house. If they vote a tax to build a school-hoiige, when the 
 trustees shall think proper, the trustees are trespassers in pi'oceeding to collect 
 the tax. (18 Juhn-n., 351 ; 9 [Vend., 30 ; Sapreine Court, 1837, Btiijumiti v. Ilall, 17 
 Weral., 437.) 
 
 It sftiiis that it is not necessary to designate a site for the school-house before 
 imposing a tax to build. Id. ( Wdlianis v. Larkin, 3 Denio, 114.) 
 
 Tax ijefoue ACCiUiuiNG title. It is no objection to the tax that the title to 
 the property has not been aci^uired. {Supreme Court, WUliams v. Larklu, 3 Denio, 
 114.) 
 
 liEi'AiRS. A vote of the district to raise a tax, directing that it shall not be 
 levied imtil the repairs it is designed to pay for are made, held valid ttnder 1 
 Revised Statutes, 478, section 61, subdivision 5. {Supreme Court, 1840, Folsom v. 
 Strteter, 24 Wend., 200.) 
 
 Inopekative vote. When a tax voted became inoperative through the 
 neglect of the trustees to assess it, Iield, that a subsequent meeting miglit vote 
 another without any fcu-mal reconsideration. {Supreme Court, 1845, Kundall v. 
 Smith, 1 iJeuio, 214.) 
 
 Hescixdixg. The district meeting cannot repeal a resolution imposing a 
 tax after a part of it has been collected. {Supreme Court, 1848, Smith v. Dilling- 
 ham, -i Baro., 25.) 
 
 Otherwise, it seems, if nothing beyond preparing the warrant and tax list has 
 been done. {Gale v. Mead, 4 IIUI, lO'J.) 
 
 Building co.mmittee. No power is given to the inhabitants to invest a 
 building committee with authority to advertise, or make a contract for build- 
 ing a school-house, or to do any other act binding upon the trustees, without 
 their ass^'Ut. The inhabitants and trustees arc alike dependent upon the stat- 
 ute for all their power.'^. {Supreme Court, Sp. 'Term, 1852, People ex 7\l. Moon v. 
 Burtficld, 6 Howard's I'r., 437 ) 
 
 Who aue taxable. Under section 25 of the act of 1819, providing that 
 every person owning or holding real estate lying within such district, who 
 shall improve and occupy the same, by his agent or servant, a non-resident of 
 
 5G
 
 442 Digest of Decisions of 
 
 the district, owning land within it which he had leased to another, who occu- 
 pies it, "aoes not improve and occupy it by his agent or servant " so as to be 
 taxable. {Hapreiae Cou/i, 18o2, Dubucn v. Tuojuu, S Ivc/ui., 518; to contrary effect 
 is Mijer v. Vrispdl, 28 Burb., 54.) 
 
 Under Laws of 181:7, chapter 480, section 87, providing that every person own- 
 ing or holding real property in any scliool district, wlio shall improve and 
 occupy the same by his agent or servant, .shall be considered a taxable inhabit- 
 ant oi sach district, in respect to the liability of such property to taxation, a 
 non-resiJeut of the district who owns properly and occupies it himself, not by 
 an agent, etc., is taxable. The word "owner" was probably inadvertently 
 omitted from the statute. {Saprtnie Court, 1858, Mynr v. CrisptU, 28 Barb., 54 ; 
 to the contrary effect is Dubois v. Thome, 8 Wtnd., 518.) 
 
 The plaintiff was an actual resident of school district No. 4, in wliich his 
 farm lay, but he impjwved and occupied a lot of thirty-seven acres, belonging 
 to him, which lay in district No. G ; but this lot was not a part of his farm, nor 
 attached to it, nor adjoining, lltid, that this lot of thirty-seven acres waa 
 properly taxed for school purposes in the sixth district. {Sujireme Court, 1858, 
 Alijtj- v. Crttipdt, 28 Barb., 54.) 
 
 What assessment roll is to be followed. The provision of 1 Revised 
 Laws of lyii), page 2G2, section 8, requiring a district school tax to be raised by 
 assessment, agreeably to the levy on wliich the town was taxed " the preceding 
 year," is to be construed as if, instead of the preceding year, it had said the 
 preceding tax list. {Supreme Court, 1815, Ryder wrCudderbud;, 12 Ju/ins., 412.) 
 
 The tax should be assessed according to the last assessment roll of the town, 
 and a more recent roll, whicli has not been perfected, should bo disregarded. 
 {Supreme Court, 1881, Alexander v. Iluijt, 7 Wend., 80. See 1 liev. Stat. [Zd edX 
 647, sec. 117.) 
 
 If the trustees assess property not valued in the last assessment roll of tlio 
 town, it is tiicir duty to give notice to the persons interested ; but their omis- 
 sion to do so does not necessarily make them trespassers. (7 Wead., S'J ; 11 id., 
 90; Supreme Court, 1845, liauduU v. Smith, 1 Beuio, 214.) 
 
 Liquidating amount. When the district has not voted any specific siim, 
 the act of liquidating the true amount under tlie act of 1841, 238, section 14, 
 and apportioning it, can be done only when the three trustees are together, 
 although it may tlien be done by two of the three. (2 Bev. Slat., 555, sec. 27 ; 
 Supreme Court, 1847, Lee v. Furry, 4 Denio, 125.) 
 
 Assess.ment must be aftek the vote. On the 7th of October a district 
 meeting voted a tax, and in pursuance thereof an assessment was subsequently 
 made, and a warrant to collect the tax made out, signed and dated. At a 
 special meeting afterward, held on tlie 25th of November, the vote to raise the 
 tax was repealed. At a third meeting on tho 5tli of December, tlie reiiealing 
 vote was itself repealed. Tho trustees, deeming the original tax thus con- 
 firmed, renewed tlie warrants and enforced them. Held, that tliey were liable, 
 lleviving the original vote for tlie tax did not revive tlie validity of the assess- 
 ment and warrant. The wliole proceedings must be construed as they would 
 have been, if the original vote to lay tlie tax had passed on the 5th of Decem- 
 ber. Tile law plainly contemplates that the assessment shall be made after 
 the tax shall have been voted. {Court of Errors, ISio, Mead v. Gule,2 Denio, 
 232 ; allinuing S. C, 4 JIUl, 109.) 
 
 Erroneous Ari'OUTioN.MENT. Trustees of a school district in making out 
 their tax list from the town assessment roll, act ministerially, and, if they take 
 the i"oll which has not been completed instead of the last roll, and issue their 
 warrant accordingly, they are liable as trespassers. {Supreme Court, 1831, 
 Alexander v. Jloi/t, 7 Wnnd., 8'J ; overruled in Supreme Court, 1855, Ildl v. SeU 
 lidc, 21 Barb., 207, and cases there cited.) 
 
 The aijportionment of the tax among tlic taxable inhabitants of a district is 
 to a certain extent a judicial act, and if the trustees coniine themselves withia 
 tlie limits of the statute, though they sliould err in point of law, or iu judg. 
 uient, they are not civilly nor criminally answerable if their motives are pure
 
 New York State Courts. 443 
 
 (8 Cow., 184; 1 Cai., CO; Supreme Court, 1833, Eastonv. Calendar, 11 Wend.. 90; 
 aijproved i.i Fobom v. S'.rteler, 24 Wtnd., 2GG ; UandalL v. Snuth, 1 JJtnio, 214.) 
 
 An error of juJyineut in iucludiu^- the collector's fees iu the tax, or iu omit- 
 ting some of the taxable iuhabitaiils in the list, does not render the trustees 
 liable as trespassers. {Supreme Court, Itioo, J:\v>toav. Calendar, 11 Wend., UO.) 
 
 Thouyh the trustees err in allowing compensation to a teacher for a longer 
 time than she taught, the rate bill and warrant are not therefore void, but are a 
 protection to the trustees and collector. {Su2)itme Court, 1851, Fincli v. Cleveland, 
 10 narb., -jyi).) 
 
 The trustees arc not liable as trespassers for an error as to the l;asis of tiio 
 apportionment, any more than for an error iu the amount. (11 Wend., UO ; 1 
 Ucnio. 214; 10 BarO.. 2t)0 ; Supreme Court, 18;jj, Bill v. Sellicic, 21 Barb., 207.) 
 
 EiiUAHZATiON. Under Laws of 1847, GOO, section 72, providing for an equali- 
 zation of the ai)poi'tionmeut, when the school district embraces a part of more 
 than one town, upon a comparison of the valuations of real property upon the 
 several assessment rolls of the towns with each other, so far as such district ia 
 concerned, and providing for the adjustment of the relative proportion of 
 taxes that ought to be assessed upon the real propei'ty of the parts of such 
 district so lying in different towns, the trustees are not liable for making their 
 assessment in disregard of a determination made by town superintendents of 
 common schools, unless it appears that a previous application ujjou the subject 
 was made to the superintendents by the trustees of the district or persona 
 liable to pay taxes upon real property theivin. Id. 
 
 CoLLECTUu's FEES, lu the apportionment the collector's percentage should 
 not be included ; he is directed by the warrant to collect that. {Easton v. 
 Calendar, 11 Wend., 90.) 
 
 Naming the person assessed. Though when property is owned by an 
 individual, his name, and not a mere description of him, should be inserted in 
 the tax list and warrant (under 1 llevised Statutes, 481, 484, requiring it to 
 contain the name of each person liable), yet, when the property of a decedent 
 is in possession of the widow and heirs, it is suilicicnt to designate them iu 
 the list and warrant as " the widoAV and heirs " of the decedent. {Su2)reina 
 Court, 18oo, Wheeler v. Anthony, 10 Wend., o46.) 
 
 Time. The provision of 1 Revised Statutes, 483, section 82, requiring a school 
 district tax to l)e assessed, and the tax list to be made out within one mouth 
 after the meeting at which the tax was voted, is directory merely in respect 
 of time ;. and if it does not appear that there was a change in the taxable 
 persons or property in the district, between the expiration of the month and 
 the time the tax list was made out, the tax is valid. (Citing 3 Mass., 230 : 6 
 Weud.,iS(i; 2 Str., 1123; 7 IliU, 9; and distinguishing Gale v. Mead, 4 Jlill, 
 109 ; Supreme Court, 184G, Gale v. Afead, 2 JJenio.HiO.) 
 
 Tlie statute requiring the tax to be assessed, and the tax list therefor to be 
 made out by tlu; trustees, and a proper warrant attached thereto, within thirty 
 days after the district meeting in which the tax shall have been voted, ia 
 merely directory as to time. It being for the benefit of the public, those acta 
 may bo done alter the time sp(;cified in the statute has elapsed. (2 Deniu, IGO ; 
 Suprenin Court, Sp. Term. 1855, Thomas v. Clapp, 20 Barb., 1 (].■).) 
 
 Alteration. When the tax has been levied and collected, the power of 
 the trustee is ended. Though it has been recovered back from them, tliey 
 cannot alter the tax list so as to collect a different sum. [Supreme Court, 1837, 
 B-njamin v. Hall, 17 Wend., 437.) 
 
 Power to assess is personal. The authority which the trustees are 
 required to aJminister in apportioning the tax is personal, and cannot be 
 delegated. (3 Comd., 39G ) One of three trustees cannot, after the other two 
 havi!, without his pres:;nce, made an assessnumt or appijrtionment, ratify and 
 adoj)t it b}- indorsing his approval, in the absence of the others. {Supreme 
 Court, 185d, Kecler v. Fro-i, 22 Barb., 400.) 
 
 Kei^uiremicnt of the warrant. The provisions of Revised Statutes, 484, 
 Bectiou 88, required that the warrant should command the collector to proceed
 
 444 Digest of Decisions op 
 
 in tlie same manner as on executions issued by a justice of tlie peace. By the 
 Laws of 1831, 248, section 2 ; 1832, 547, section 1, this provision was repealed, 
 and it was required that the warrant should command tlie collector to proceed 
 in the same manner as on warrants issued by the board of supervisors to the 
 collectors of towns. Ildd, that a warrant issued in the old form, after the 
 latter provision took effect, was void, and afforded no protection to the officer. 
 {Supreme Court, 1837, Clark v. Hallod;, 10 Wend., G07.) 
 
 Tiie provision of the act of 1831, directing warrants for taxes for erecting or 
 repairing school-houses to be executed as warrants issued by the supervisors 
 to town collectors, is to be applied to warrants for all school taxes ; and what- 
 ever the tax, the collector is clothed with the powers of a town collector. 
 Hence he may take the property of any person which is lawfully in the 
 possession of the person liable to pay the tax. {Supreme Court, 1835, Keeler v 
 Chichester. 13 Wend., 629.) 
 
 Waukant exceeding tax. The warrant directed one dollar more than the 
 amount of the tax voted to be collected. Held, that the plaintiff, suing in. 
 trespass for selling his property under it, as he did not take the objection at 
 the trial, could not take it on error. The inclusion of the additional dollar 
 might have been proper for expenses under the statute. {Supreme Court, 1846, 
 WiUiums v. LurJdn, 3 JJenio, 114.) 
 
 Signature. That a renewal signed by only a majority of the trustees is 
 sufficient. {Folsom v. Sweeter, 24 Wend., 206.) 
 
 It is not material that all be present when the warrant is signed. The 
 signing of the warrant is a ministerial duty. {Supreme Court, SjJeciul Term, 
 1855, TJioma-s v. Ciajq?, 2U Barb., 165.) 
 
 Time of. That the warrant is not void because not signed thirty days before 
 issue. {Finch v. Cleveland, 10 IJurb., 290.) 
 
 A TRUSTEE WHO DOES NOT SIGN a renewal of the warrant is not liable for 
 its execution. (2 Seld., 331 ; Supreme Court, Special Term, 1855, Tli.omas v. Clapp, 
 20 Barb., 165.) 
 
 A renewal of the warrant is equivalent to a new warrant. (4 Barb , 444 ; 3 
 mil. 498 ; 4 id., 109 ; 24 Wend., 2m ; 17 Barb., 145 ; Suprevie Court, Special Term, 
 1855, Tliomns v. Clapp, 20 Barb., 165.) 
 
 Under the power given to the trustees of school districts, by 1 Revised 
 Statutes, 478, section 102, to renew warrants for tlie collection from delinquents 
 of such sum or sums of money as remain unpaid, they have the power to issue 
 a new warrant for the same purpose. (24 Wend., 269 ; 3 Hill, 498 ; Supreme Court, 
 1848, Seaman v. Bemon, 4 Barb., 444 ; Special Term, Titomus v. Clapp. 20 id., 105.) 
 
 Approbation of superintendent. Under section 13 of an act amenda- 
 tory of the several acts relating to common schools, passed April 17, 1843, 
 requiring the written approbation of tlie town superintendent whenever more 
 than one renewal of the warrant should become necessary, one renewal of the 
 warrant may be made by the trustees without the approbation of the town 
 8ai)f;rintendent. {Supreme Court, 1848, Seaman v. Benson, 4 Barb., 444.) 
 
 Levy on farm divided ey county line. If a farm is divided by the 
 division line between two districts, it is to be considered as lying in the district 
 in which the dwelling is, and the collector may make levy upon any part of it, 
 even though such part is in another county than the dwelling. {Su2}reme Court 
 1832, Ward v. Aylcsworth, 9 Wend., 281.) 
 
 Liability of collector. A school district collector is bound to see that 
 the trustees act within the scope of their legal duty; and, if they assess the- 
 propertv of a person not taxable, he is a tres])asser in executing their warrant. 
 (10 Co. 'li., 70; 1 //. lUachstone, 68; 4 Taunt., 634; Supreme Court, 1816, Suydam 
 V. lleijs, 13 Jdhns., 444 ; but Savacool v. Bowjhton, 5 Wmd., 170.) 
 
 If the trustees have jurisdiction of the subject-matter, the collector is pro- 
 tected by a tax list and warrant, regular u[)on their face. (9 Jnhns., 230 ; 3 id., 
 474 ; 5 Wend., 170 ; Supreme Court, 1851, Alexander v. Iloyt, 7 Wend., 89.) 
 
 Distraining. An officer who collects a district school tax is not subject to 
 the provisions of 2 Revised Statutes, 428, sections 20-24, relating to the duties of
 
 New York State Courts. 445 
 
 officers distraining on property, when no special pro\ision is otlierwise made. 
 (Supreme Court, 1848, Pumjhurriv. Smilli, 4 Ba7h., 246.) 
 
 Officers — neglect to serve. Tlie penalty imposed by section 23, of tlie 
 act of 1819, upon any clerli, trustee or collector, who should refuse to serve, or 
 who, not havinj; refused, should neg^lect the performance of the duties of his 
 office, is not incurred by an individual instance of nes'l'ffcnt or willful omis- 
 sion of duty by one who has entered on the fjencral duties of the office. 
 {Sapreine Court, 1826, Spafford v. Hood, 6 Cow., 478 ; followed in Fdch v. Aliilar, 
 
 13 Wend., 66.) 
 
 The remedy which the inhabitants of a school district have aofainst a trustee 
 who neglects to discharge the duties of his office stated. ( Wliif/ord v. Scott, 14 
 How. Pr., 302, 1857.) " A trustee of a school district, who refuses to discharge 
 his duties as such, can be punished by indictment." (2 Rcv. Stat., 696, sec. 38 ; 
 2 Hill, 196 ; 1 Denio, 457 ; 3 id., 381.) Sucli a refractory trustee is also liable to 
 pay a penalty of $10 for each refusal to perform any duty required by law 
 {Laws (ij 1847, p. 696, sec. 79 ; id., p. 713, sec. 145) ; and he may be removed from 
 office by the State Superintendent of Public Instruction. {Laws of 1849, p. 537, 
 sec. 15.) 
 
 Neglect to .\ccouxt. Under 1 Revised Statutes 486, section 100, impos- 
 ing a penalty of twenty-five dollars on every trustee who shall refuse or neg- 
 lect to render an account, or to pay over any balance found in his hands, the 
 penalty is a several penalty imposed on each defaulting trustee, and not a pen- 
 alty against them jointly. {Supreme Court, 1845, Marsh v. Sltute, 1 Denio, 280.) 
 
 Powers of trustees to remo\'E encro.\ciimext. A trustee of the dis- 
 trict has the right to remove a fence wrongfully built upon the school lot. 
 {Supreme Court, 1847, Thayer v. Wright, 4 Benio, 180.) 
 
 Power of trustees to contract. The trustees of a school district are a 
 quasi corporation, possessing power in certain cases, and for certain purposes, 
 to bind their district and create a corporate liability, which will attach to their 
 successors in their official capacity. They, therefore, have the power to liqui- 
 date the indebtedness of the district, e. g., to a teacher, for wages earned by 
 liim as such, in the employment of the district, and, by giving a note therefor 
 signed by them as tru.stees, to bind the district. When a note thus made 
 expresses on its face that it is given on account of the wages of the payee, aa 
 teacher in the school district of which the makers are trustees, the payee, by 
 accepting the note, admits this to be the true consideration, and therefore can- 
 not hold the makers personally liable upon the note. {Supreme Court, 1856, 
 Hortoa V. Garrison, 23 Barb., 176.) 
 
 The trustees of a school district are a corporation for certain purposes, and 
 may receive the note of a third person for money due to them in their corpo- 
 rate capacity ; and till the note is impeached, or some defense made again.st it, 
 they are under no obligation to show how they came by it. {Supreme Court, 
 1834, Brewster v. Co! well, IS Wend.,2S.) 
 
 Two TRUSTEES of a school district cannot act as such in the performance of 
 their duties, except u[X)n a meeting of all three, whether the third one refuses 
 to act or not. (4 Denio, 125 ; Supreme Court, Gt!t district, 1857, Whit/ord v. Scott, 
 
 14 How. Pr., 302 ; compare Horton v. Garrison, 23 Barb., 126.) 
 
 Trustees of common schools sued by a teacher for services rendered by 
 employment by one of them only, but with the knowledge and permission of 
 the others, cannot defeat the recovery on the ground that the contract was 
 invalid for not being made at a meeting of the three. {Anr/ell and Ames on 
 C'rp,2Ui, Supreme tV)ur/, 1853, Fester \. La Pue, 15 Parb., 'i2'3 ; and compare 
 Fuich V. Cleveland, 10 id., 290.) 
 
 Clerk also coli,ector. The same person may be appointed clerk of the 
 school district and collector at the same time, there being no prohibition in 
 the act, and nothing incomi)atible in the two offices. (Supreme Court, 1819, 
 Uowktnd V. Luce, 16 Johns., 135.) 
 
 Election to fill vacancy caused by refusal to serve, sustained. {Randall v. 
 Smith, 1 Denio, 214.)
 
 446 Digest of Decisions of 
 
 Tlie Superintendent of Common Schools lias no general jurisdiction over 
 money in the hands of school comniisssioners,. and he has no authority to 
 direct them to retain money whicli may thereafter be apportioned to school 
 districts ; and his order to such effect is not in itself a protection, unless it 
 shows on its face that an appeal was pending before him. {Supreme Court, 1845, 
 Bennett v. Burch, 1 Dcnio, 141.) 
 
 Kicitals in the Superintendent's order do not prove his jurisdiction. Id. 
 
 Action on bond. The town superintendent refused to examine a candi- 
 date as to her learning and ability, for the reason that he was satislied her 
 moral character was not good. The applicant appealed to the State Super- 
 intendent, who examined as to her moral character and decided that there was 
 no objection to her on that score, and directed the town superintendent to 
 examine her. The town supeiuntendent examined her as to learning and 
 ability, and offered her a certificate as to her qualifications on those points. 
 lldd, "that it v.-as all he could be required to do. By the appeal the question 
 of moral character was disposed of, and the State Superintendent's decision on 
 that question, together with the town superintendent's certificate of learning 
 and ability, would entitle the applicant to teach. {Supreme Court, 1855, Peopls 
 ex ret. Owen v. Miisters, 31 Barb., 252.) 
 
 Annulling TE.\cnER's certificate. Under the Laws of 1847, 690, section 
 37, the town superintendent cannot annul a teacher's certificate of competency, 
 except on ten days' notice, to tlie teaclier and the trustees of the district, of a 
 hearing on the question. Notice of an intention to anniil it is not an annul- 
 ment. The order must be in writing. {Supreme Court, 1851, Finch v. Cleveland, 
 10 Barb., 290.) 
 
 The city superintendent of common schools for the city and county of New- 
 York has power to annul a certificate granted to a teacher. {Sujrreme Court, 
 1853, People ex, rel. Melver v. Board of FAuadi.on, 17 Barb., 299.) 
 
 Dismissal. That the trustees cannot dismiss a teacher without cause and 
 against his consent, before the expiration of his contract. {Finch v. Cleveland, 
 10 Barb., 290.) 
 
 A sciiooL-iiouSE built by the contribvitions of the inhabitants was burned 
 by the enemy, and compensation was subseqiiently awarded by the govern- 
 ment, the \ilfage having been in the mean time organized as a school district. 
 JLdd, that the money belonged to the school district, not to those who contrib- 
 uted to the building. {Chancery, 1837, Potter v. Chapin, 6 Paige. 639.) 
 
 Libraries. When neither the inhalntants of the district nor the trustees 
 have made any regulations or directions touching the rights of the inhabitants 
 and the duties" of the librarian, an action will not lie by an inhabitant against 
 the librarian for refusing to her or to her children access to the library and 
 permission to take books therefrom. The remedy is through the trustees, in 
 whom by statute (1 Rev. Stat, [ith ed.], 900-908) the title to the library is vested. 
 {Supreme Court, 1856, Keunedij v. Pay, 22 Barb., 511.) 
 
 Appeal. Under 1 Revised Statutes (2d edition), 481, section 124, as amended 
 by the act of 1830, a controversy between the trustees of a district and one of tho 
 commissioners of the town, in regard to the paying by tho latter of money in 
 his hands to the former, is a subject of ajipeal to the Superintendent ; and, if, 
 instead of appealing, they sue, and have judgment, but the court certify that 
 it appeared that he acted in good faith, he is exonerated from costs by the 
 Laws of 1841, 242, section 33. {Same StoA , 1 Rev. Stat. [3d ed.], 556, sec. 177; 
 Supreme Court, 1846, ex parte Beuiu-lt, 3 Berrio, 175.) 
 
 As to what decisions of a town supc^rintendent may be reviewed by the State 
 Superintendent of Puldic Instruction, see People ex rel. Owen v. Masters, 21 
 Parb., 252. Title 12 of chapter 555, Laws of 18G4, has removed all doubts 
 about the right of the Superintendent of Public Instruction to hear and decide 
 appeals upon all questions arising under all the acts relating to common 
 Bchools. 
 
 Collection of costs, etc., of suits aoainst school officers. It is 
 not nt!ces8ary that an account of costs, etc., of school ofTicers, imder the second
 
 New Yokk State Courts. 447 
 
 section of cliaptcr 173, of tlic Laws of 1S47, should be submitted to the taxable 
 inhabitants of the district previous to its beinjr laid before the board of super- 
 visors for its action ; nor that a majority ot the taxable inhabitants, previous 
 to the action of the board of supervisors thereon, should determine tiiat the 
 amount of such costs, charges and exi)ensfs, should be ascertained by the 
 board. Section 1 of that act, as amended by the Laws of 1849, chapt -r 388, is 
 intended to apidy to costs, etc., which a majority of the taxable inliahitants are 
 willin.<T to pay, and enables the district to levy and collect the tax. The other 
 Bections a])i)ly to tlie costs, etc., which the district ou<jht to pay, but are unwill- 
 ing to do so, and will not pay except ii]X)n compulsion.* {Supicme Court, 
 Special T-rm, 18o2, People ex rd. Gale v. Trwike-: of No. 13, 8 IIoiu. I'r., 125 ; and 
 Bee the opinion of the court on issuing the mandamus in this case, 6 id., 332 ; 
 approved in People ex rel. Atkinn v. Van D^uven, 8 Hmo. Pr , 358 ; but compare to 
 the contrary .9. C^., 10 id., 143 ; and compare 10 id., 4G8.) 
 
 The board of supervisors of a county have no authority to direct that the 
 judgment in an acti:)n against the trustees individually, and not in their offi- 
 cial capacity, shall be collected from the taxable inhabitants of the district, 
 unless the latter have, under Laws of 1847, page 1G3, voted to indemnify the 
 officers thus sued. {Saprtmt Court Circuit, 1854, Ptople ex rel. Atkins v. Snyder, 
 10 Ilojv. Pr., 143.) 
 
 The jurisdiction of the board of supervisors to grant an order under Laws of 
 1847, 1()3 ; 1849, 545 ; does not depend upon any action of the inhabitants in 
 the district. {Supreme, Court. 1854, Pcple ex rd. Gale v. Green. 10 IInu Pr., 468.) 
 
 Asylum societies. Law of 1848. The provision of chapter 75, of the 
 Laws of 1848, 85, declaring that the orplian asylum societies of the city of 
 Brooklyn shall participate in the distribution of the common school moneys 
 raised in said city, is not to be construed to apply to the public moneys arising 
 from the State fund. First, the language restricts the right to mom-ys raised 
 in that city. Second, if the broader construction were given, the act would 
 bo unconstitutional. {Stipre)rie Court, 1851, People v. Hoard of Education of Brook- 
 lyn, 13 Barh , 400.) 
 
 The dicluiii of the court in No. 2 does not prevent the execution of the act, 
 chapter 2G1, Laws of 1850, ])age 500, permitting all the incorporated orphan 
 asylums in the State to share in the distribution of the school moneys. 
 
 Common school fund. A statute (Laws of 1848, 85) authorizing an orphan 
 asylum, whose trustees have a right to reject or admit applicants, to share in 
 the revenues of tlie common school fund, is unconstitutional. Such an as3'luin 
 is not a common school. {Supreme Court, 1851, People v. Board of Education of 
 Brooklyn, 13 Harh., 400.) 
 
 Trustees, etc., of school district. The principle that the official character 
 of public scliool otficers may be established by proving tliat they are g.Mierally 
 reputed to be and have acted as such officers, without i)roducing their com- 
 mission or other evidence of their appointment, is applicable totho trustees or 
 collector of a school district. {Supreme Court, 1831, Jiiiuj v. Grout, 7 Wend., 341 ; 
 1832, McCoy v. Ctirtire. 9 id, 17.) 
 
 The trustees of a school district, justifying as such, are not bound to prove 
 that the district was duly organized ; it is enough if they show that it had been, 
 in fact organized. {Su/iretne Court. 1847, SteceJis v. Neioco)nh, 4 Deitio. 437.) 
 
 A MINISTEUIAL OFFiCEii is protected in the execution of the process of a 
 court or officer of even limited jurisdiction, although the court or officer has 
 acquired no jurisdiction of the person, if it appears on the face of the process 
 that th(! subject-matter of tlie suit is within tlieir jurisiliction, and nothing 
 ai)i)oars on tlie face of the process to show a want of jurisdiction in other 
 respects. (Citing 2 Sl-range. 710. 1002 ; Willi.'', 30 ; 6 T. A'.. 242, 053 ; !) Johns., 229 ; 
 and disapi)ruving, 3 Cranch., 331, and cases supra.) So hell in cas3 of an execu- 
 tion on a justice's judtrment. {Supreme Court, lS:iO. Savacoolv. Bou/lit'ni. 5 Wend., 
 170 ; followed 1834. citing also 5 Wend., 231, 240 ; 9 id., 17, 35 ;' 7 id., 89, and 
 
 * Note. A (lift'er«nt modu of enforcing the cliiiins of school ofllccrs ic provided by sec* 
 tions 6, 7, 8, 9, 10 and 11, title 13 of chapter 555, Laws of 1804. Sec ante, p. 22i>.
 
 448 Digest of Decisions of 
 
 distinguisliing, 6 id., 438 ; Coon v. Congden, 12 id., 495 ; 1853, ITenryv. Lniudl, 16 
 Rirb. ^2C)S ; Court of Appeals. 1849, Sheldon v. Van Buskirk, 2 N. Y. [2 Comfii.], 
 473; approved, Court of Errors, \S:'>i> [distinguisliing, 13 Johns., 444, and 3 
 Crunch., 331], Pai-ker v. Walrod, 16 We^d.. 514 ; affirming, 5". C, 13 id., 296 ; 
 ^. 7'., Supreme Cnirt. 1834, Furmelrc v. ILtchock, 12 u/. 96.) 
 
 So held, of a justice who issued a process in compliance with the highway 
 acts, to enforce a tax assessed on a person not legally liable to be taxed. 
 (Saprerne Court 1812, Beach v. Furman, 9 Johns , 239. approved, and the adverse 
 case of Suydam v. Kei/s, 13 John'<., 444, disapproved in S'vacool v. Boughton, 5 
 Wend., 170 ; and see Chegary v. Jenkins, 5 N. Y. [1 Sdd.]. 376.) 
 
 So, also, in the case of a tax collector, in collecting a tax upon property, 
 which in fact was entitled to exemption from assessment. {Court of Appeals, 
 Gheijary v. Jenkins, 5 .V. Y. fl Sdd.], 376.) 
 
 So held in the case of a tax collector, where the trustees' apportionment of 
 the tax had been made upon a wrong principle. {Supreme Court, 1831, Alexander 
 V. Hoyt, 7 Wend., 89.) 
 
 So lield. also, when the meeting which laid the tax Avas illegal. {Supreme 
 Court, 1846. Abbott v. York, 2 Benio, 86 ; .SI T., 1832, Reynold'^ v. Moon. 9 Wend., 35.) 
 
 So held in the case of a sheriff taking B's goods from A's possession, under a 
 writ of rei)levin against A, specifying the goods. {Supreme Court, 1855, Foster v. 
 Pettlhone. 20 Barb.. 350, disapproving Tlwmpson v. Heijnolds. 14 id., 506.) 
 
 Tliis principle applies to every triljunal of special and limited jurisdiction, e. rj., 
 the Superintendent of Common Schools, and this whether his determinations 
 are termed orders or judgments. {Supreme Court, 1845, Bennett v. Burch, 1 Benio, 
 141.) 
 
 Also, when the objection was that the justice whose process was executed 
 was only an officer de facto. (1830, Wdcox v. Smith, 5 Wead., 231 ; S. T., 1848, 
 Weeks v. Elhs, 2 Barb., 320.) 
 
 And in case of rfe facto trustees of a school district. (1832, McCoy v. Curtice, 9 
 Wend., 17; Reynolds v. Moon, id., 35.) 
 
 So, also, when the objection was, that the judgment on which the process 
 issued had been satisfied. (1830, McGuinly v. H'^rrick, 5 Wend., 240; 1831, Leiuis 
 V. Palmtr, 6 id., 307; .S'. T., Court of Appeals, 1848, Uuckman v. Coicell, 1 N. Y. 
 [I Comst ], 505») 
 
 In the case of a tax collector, nothing is necessary but a regular warrant. 
 {Coiut of Appeals, 1849, Seldon v. Van Buskitk, 2 N. Y. [2 Comst.'], 473 ; but com- 
 pare Van Reusselaer x. Whitbeck, 7 K. Y. [3 Seld.], 517 ; reversing S. T., 7 Barb., 183.) 
 
 When the illegality of a tax appears on the face of the warrant, the collector 
 who levies it is liable in trespass. {Chancer i/, 1834, Bank of Utica v. City of Utica, 
 APaiye, 399; Supreme Court, 1837, Clarkv.' Ilallock. 10 Wend., mi ; S. T. applied 
 in the case of an attachment. Court of Appeals, 1851, Casteltanos v. Jones, 5 A^. Y. 
 [1 Sdd.], 164.) 
 
 If the warrant issued by the trustees of a school district fof the collection 
 of a school tax directs the collector to collect the amount of the assessments 
 together witli five cents on each dollar, contrary to the Laws of 1845, chapter 
 180, section 31, which direct the collector's fees not to be inserted in the Avar- 
 rant, this is an excess of authority in the trustees so far as relates to the fees, 
 and tlie warrant is no protection to the collector. {Supreme Court, 1854, Stroud 
 V. Butler, 18 Barb., 327.) 
 
 ExE.Mi'T PKOPEUTY. An officer is not protected by the execution in taking 
 property which is exempt from execution. {Supreme Court, 1853, Hoyt v. Van 
 Alstyae, 15 Barb., 568.) 
 
 Taudy exixution. If the collector of school taxes sells property after the 
 expiration of the time limited in the warrant, he acts without authority and 
 becomes a tresjiasser. {Supreme Court, 1854, Stroud v. Butler, 18 Barb., 327 ; dis- 
 tinguishing, Sh Idoa V. Van B'iskl.rk, 2 N. Y. [2 Comst.], 473.) 
 
 I.MiM-iKO I'OWKR TO SUE. When a public ofiice is instituted by the Legisla- 
 ture, an ini[)lied authority is conferred on the otRcer, as inciilcnt to his office, to 
 bring all suits which the proper and faithful discharge of his official duties
 
 New York State Courts. 449 
 
 requires. So held of overseers of the poor. (Supreme Court, 1820, Overseers of 
 Pittstown V. Overseers of Plattsburrjh, 18 JoJuis., 407 ; 1826, Todd v. Birdsall, 1 Cotv., 
 2G0; 1828, Grant v. Fancher, 5 id., 300; 1830, Armine\. Spencer, i Wend., 40G ; 
 1843, Supervisor of Galway v. Slimson, 4 Hill, 136. ^So lidd of the supervisor of 
 a town. {Supreme Court, 1824, Jansen v. Ostrnnder, 1 Co?f., 670.) 
 
 Implied li.\.bilixy to be sued. For the same reason the overseers of the 
 poor may be sued, and as well for liability incurred by their predecessors as 
 one incurred bv themselves. {Supreme Court, 1823, Todd v. Birdsall, 1 Cow., 260 ; 
 S. T, 1829, Paimer v. Vandenhurgh, 3 Wend., 193.) 
 
 So held of trustees of school districts in an action for a teacher's wages, 
 under a contract with their predecessors. (2 Rev. Stat., 476, sec. 108 ; Supreme 
 Court, 1831, Silver v. Cummimjs, 7 Wend., 181 ; 1843, Williams v. Keech, 4 HiU, 
 168.) 
 
 Trustees of a school district who go out of office before the time of payment 
 upon their contract arrives cannot be sued. Id. 
 
 The bond of a town collector, taken in the name of the supervisor, 
 passes to his successor, and should be sued in the name of the supervisor in 
 office when the default happens ; except that when the latter is dead, the suit 
 should, under Laws of session 44, chajjter 195, be in the name of his personal 
 representatives. {Supreme Court, 1824, Junsen v. Ostrander, 1 Coiv., 670.) 
 
 Residence. A person, though he can have but one domicile, may have two 
 residences. When one resided in a hired house in the city during "the winter, 
 and at his country seat, in another county, during the summer, and was assessed 
 as a resident of the city fir.st, and afterward as a resident at his country seat, 
 held, that the first assessment was jn-oper, and his remedy was to have objected 
 to the second assessment. He could not, after paying the second assessment, 
 resist the collection of the first. {N. Y. Superior Court, 1853, Douglas v. Mayor, 
 etc., of N. Y.. 2 Duer, 110.) 
 
 Lands owned by a non-resident, but occupied, may be assessed either against 
 the occupant or the non-resident owner. {Court of Appeals. 1852, Van Rensselaer 
 v. Cotlrdl, Sdd., notes No. 1, 2, 3 ; affirming .S'. d, 7 Barb., 127.) 
 
 Non-residents. Assessors are not authorized by the statute to insert in 
 the assessment rolls the names of non-resident owners of real property. In 
 the case of a non-resident, the land is to be assessed without naming tlie 
 owner. Hence the collector cannot levy a tax upon any personal property of 
 non-residents. The warrant does not authorize the seizure and sale of the 
 property of persons not named, or whose names it is apparent from the face 
 of the papers tlie assessors had no right to set down. {Supreme Court, Sp. Term,, 
 1853, K Y. & Ilirlem R. R. Co , v. Lijon, 16 Barb., 651.) 
 
 School. Buildings used for a private boarding-school are not exempt from 
 taxation, by 1 Revised Statutes, 388, section 4, which exempts every buihling 
 erected for the use of a college, incorporated academy, or other seminary of 
 learning, and every building for public worship, every school-house, court- 
 house.ind jail. The word "school-house" means only buildings for public 
 Bchool's ; and the words "other seminary of learning " are to be understood as 
 incorporations by force of the general words preceding, {.-ippeab, 1855, C'kegary 
 V. Mayor, -tc, of K Y, 13 Y. Y. [3 Kern.]. 220 ; to similar cfiect AT. Y. Superior 
 Court, 1855, Ckegary v. Jenkins. 3 Sandf, 409.) 
 
 Trustees. Under 1 Revised Statutes, 389-399, tho individual property of 
 an executor, administrator, guardian or trustee, may be taken for a tax imposed 
 upon him in his representative capacity, where no property of the testator, 
 intestate or cestui que trmt can be found. It is a personal tax upon the executor, 
 etc., in his special character as trustee. If there be joint executors, etc., each 
 is taxable only for that portion of the trust property in his possession or under 
 his control. {Supreme Cairt, 1830, Williams v. Hidden, 4 Wend., 223.) 
 
 Apportioning school t.vx. The authority which the trustees of a school 
 district are required to administer, in apportioning a tax, involves the exercise 
 of judgment and discretion, a jiowcr wliich cannot be delegated. (3 iV. i", 396 ; 
 Supreme Court, 1856, A'eefer v. Frosl, 20 Barb., 400.) 
 
 57
 
 450 Digest of Decisio^ts of 
 
 Expiration OI'' warrant. The powers of a scliool district collector, 
 derived from a warrant issued for tlie collection of a tax or rate bill, cease with 
 the expiration of the time limited in the warrant for collection, when his 
 liability for not collecting, etc., becomes fixed, unless the warrant is renewed 
 by the trustees. Without a renewal he is then a trespasser if he executes it. 
 (Siip7-enie Court, 1854, Sti-ond v. Butler, 18 Barb., 827.) 
 
 Renewing. Under 1 Revised Statutes, 484, sections 98, 102, which provides 
 that the warrant to collect school taxes must be signed by the trustees or a 
 majority, and that the trustees may renew it, a majority of the trustees may 
 renew the warrant, and it may be renewed more than once. {Siqjreme Court, 
 1840, Foisom v. Streeter, 24 Wend., 2G6.) 
 
 Under the power to renew a warrant, they may issue a new warrant. 
 {^Supreme Court, 1848, Smman v. Benson, 4 Barb., 444.) 
 
 When a warrant for the collection of a school tax is not issued until after its 
 renewal, it becomes, by the renewal and delivery to the collector for collection, 
 a valid and effectual process, for all purposes, as of the date of the renewal. 
 (4 Hill, 109 ; 3 id., 495 ; Supreme Court, 1853, Barker v. Brov.'n, 17 Barb., 145.) 
 
 SeaIj. The trustees of a school district made out and issued their warrant 
 without a seal, though a seal was required by the statute, and, after several 
 renewals without seal, renewed it with seal. Held valid, as in effect a new 
 warrant. (Supreme Court, 1842, Smitli v. Randall, 3 Hill, 495 ; followed, 1845 
 in a further decision in S. C, 1 Benio, 214 ; to similar effect, 1853, Parker v. 
 Brown, 17 Barb., 145.) 
 
 Regularity op tax. The question whether an individual banker was 
 taxable in the town or ward in which the assessment was made cannot be 
 raised to affect the validity of the tax warrant, regular on its face, as against 
 the oHicer executing it ; nor, when the process is against an individual bank, 
 by the name in which it does business, which name is apparently that of a 
 corporation, and such bank has a place of business within the jurisdiction of 
 the assessors and of the officer executing the process, can its owner be per 
 mitted, as against the olfieer levying on the money or property of the bank, to 
 claim that it is not a lawful corporation, and not taxable by its apparent 
 corporate name. (5 Wend., 170 ; 5 K Y., 376 ; Supreme Court, 1858, Patchin v. 
 Bitter, 27 Barb., 34.) 
 
 School tax. For two weeks after receiving the warrant of the trustees of 
 a school district, the collector acts, under it, as the mere receiver of such taxes 
 as shall be voluntarily paid to him. {Bans of 1849, 535, sec. 5.) If he assumes 
 to enforce payment during that time, he is a trespasser. {Supreme Court, 1853, 
 Packer v. Brown, 17 Barb., 145.) 
 
 A tax can be said to be " collected " only when it has been paid by those on 
 whose property it has been levied. (iV. Y. Com. Pleas, Sp. Term, 1857, Fltzpatrick 
 V. Flarjg, 5 Abbott's Pr., 213.) 
 
 Collector. The warrant is a i)rotection to the collector, notwithstanding 
 an error in the description of the lands assessed. {Court of Appeals, 1852, Van 
 Rensselaer v. Cottrell, Seld., notes No. 1, 2, 3.) 
 
 Changing site. Although, by I.aws of 1847, chapter 480, section 73, the 
 consent of the supervisor of the town is necessary to cliange tlie site of a 
 Bchool-house, it is not ess(aitial that such consent should have been given 
 before the district meeting votes for such change. (17 Wend., 439 ; Su2)reme 
 Court, 18G2, Cotton v. Beardsley, 38 Barb., 29.) 
 
 Power of trustees im iiespect to vacancies. Under laws of 1851, 
 chapter 38(5, section 10, subdivision 7, whicli authorizes the trustees, by a vote 
 of a majority, to declare vacfut the seat of any trustee who shall refuse to 
 attend three stated meetings, the tender by a trustee of his resignation, with 
 its a,cc(!ptance l)y a majority, renders his seat vacant. {N. Y. Com. Pleas, 1863, 
 Gildersleeve v. Board of Education, 17 Ahbolt's Pr., 201.) 
 
 Power of trustees in respect to teachers. The power of the board 
 of trustees to employ teachers under the same statute, coupled with the 
 j!;eneral authority to conduct and manage the schools, necessarily implies
 
 New York State Courts. 451 
 
 the right to remove them ; especially under a by-law of the board of educa- 
 tion, refrulatinji the proceedings on such reinoval. M. 
 
 Tlie ])o\ver of the city superintendent, under tlie same statute, to annul the 
 certificate given to any teacher, is distinct from the power of the trustees to 
 remove the teacher Id. 
 
 A certificate issued under the Laws of 1851, chapter 386, section 11, making 
 it the duty of the city superintendent, under general regulations of the board 
 of education, to examine into the qualifications of persons proposed as teachers 
 of common schools in the city of New York, and to grant certificates, need 
 only specify in wliich class of schools, and in Avhat capacity, tlie person is 
 qualified to teach. Id. 
 
 And when under this statute, and a by-law of the board of education, which 
 required that the certificate given should express the grade of the teacher, the 
 superintendent gave a certificate expressing the grade, and that the teacher 
 was qualified as first assistant of a giammar school, held, that in the absence 
 of evidence of any further regulation of the board, the teacher might lawfully 
 serve as principal of the ])rimary department of a granmiar school. /(/. 
 
 Removal ok residence. The office of a trustee of common schools in the 
 city and county of New York becomes vacated by the removal of the incum- 
 bent from the coimty. (1 liev. Stut., 123 ; N. Y. Com. Plea-'!, 1863, Gilderslecve v. 
 Board of Education, 17 Ahb. Pr., 201.) 
 
 How FAR PROCESS IS A PROTECTION. The insertion by trustees of a school 
 district in their warrant for the collection of a school tax for the same, of a 
 charge which tliey are not authorized to collect, without a vote of the district, 
 does not render tlie warrant void except for the excess, and does not render 
 them personally liable in damages for enforcing it, but they are liable only to 
 an action for recovering back the excess. {Supreme Court, 1860, Colton v. Beards- 
 ley, 38 Barl\, 29.) 
 
 Warrant. After a warrant for the collection of taxes had been used to 
 collect an assessment, the assessment was detached from it, and a second 
 assessment attached to it, and the warrant thus altered was delivered to the 
 collector for collection. IMd, that it was in legal effect a new warrant, and 
 valid as such. {Supreme Court, 1860, Coltoyi v. Beardsley, 38 Barb., 29.) 
 
 Taxation. The fact that a bank owns stocks, bonds and other securities of 
 the United States, in amount exceeding its capital and surplus earnings, and 
 that the total value of all its other personal property does not exceed the 
 amount of the debts it owes, Avill not exempt it from taxation on account of 
 personal property, on the ground that the capital of the bank is its surplua 
 after paying all its debts, and that in the given case it will require all its per- 
 sonal projw'rty, other than its investments in United States securities, wliich 
 are not taxable. {The People e.x, rel. The Lockport City Bank v, Tlie Board of Educa- 
 tion, Supreme Court, 1866, 46 Barb., 588.) 
 
 The relator was a bank organized under the general banking law of 1838, 
 with a cajjital of $104,000. The cost of its real estate was about $14,000, its 
 surplus profits were about $34,000 or $35,000. and it had about $203,500 of 
 United States stocks or bonds, and had about $65,000 of other stocks deposited 
 as security with the Imnk department of the b'tate, and about $120,000 of 
 United States stocks. It held and owned stocks and bonds, and other securi- 
 ties of the United States, to an amount exceeding its entire capital, including 
 all its surplus profits, earnings and reserved funds ; and the total value of all 
 its other personal property and estate did not excecnl the amount of debts due 
 the bank. The bank was assessed, on account of its i)ersonal property or estate, 
 the sum of $102,400, being, as alleged, the whole amount of its capital stock 
 paid in, and of all its surplus profits, or reserved funds, less ten per cent thereof, 
 after deducting thert^froin tlie value of its real estate. Jfeld, that the relator, 
 not having sliown tliat any of its ca])ital stock was invested in United States 
 securities, or that it was assessed for any part of its property invested in such 
 securities, was not entitled to a writ of mamlamm, commanding the assessors 
 to amend the assessment and the asses.sment roll, by striking therefrom thft 
 assessment of the bank, for or on account of personal property. Id.
 
 452 Digest of Decisions of 
 
 The provision of the statute requiring the assessors to set down in the 
 assessment roll the full value of all the taxable personal property of the 
 person, after deducting the just debts owing bv him, has no relation to 
 the taxation of moneyed corporations. 
 
 The eifect of the decision of the Supreme Court of the United States in the 
 cases of The People ex rel. The Bank of the Commonwealtk v. The ComniKsioners of 
 assessments, etc., in the City of Ntxu York, and The Same ex rel. The Bank of Com- 
 merce v. Tue Same (2 Wal., 200), was neither more nor less than that the State 
 cannot by any system of taxation assess and tax the securities of the United 
 States, whether held or owned l)y corporations or individuals ; nor can such 
 holder or owners be taxed on account of such securities, or their value. Jd. 
 
 That decision does not declare the act of the Legislature " in relation to the 
 taxation of moneyed corporations and associations " passed April 29, 1863 
 (Laws of 1863, p. 435), to be unconstitutional. The effect of the decision, how- 
 ever, may be to annul the act, and render it inoperative in cases where the 
 capital of the bank is wholly, or in part, invested in securities of the United 
 States. In such cases tlie statute might, perhaps, be impracticable ; or, possi- 
 bly, our courts would hold the statute operative to the extent of the capital 
 stock not invested in United States securities. Id. 
 
 The capital of the Exchange Bank at Lockport was $150,000 ; the value of 
 its real estate was $7,000, and its surplus earnings, less than ten per cent, 
 were $41,151.16. Its State stocks and bonds and mortgages, deposited with 
 the Superintendent of the Banking Department, amounted to $18,300, and its 
 United States stock so deposited amounted to $32,000. Its other bonds and 
 mortgages amounted to $14,000. It held and owned, in all, $72,000 in United 
 States stocks. The total value of all its personal property and effects, exclusive 
 of the stocks, bonds and other securities of the United States, held and owned 
 by it, did not exceed the sum of $112,000, over and above the debts due and 
 owing by it. It was assessed on account of its personal property for $165,980. 
 Held, that the proper mode of assessment was adopted, under the act of the 
 Legislature of 1803, relative to the taxation of moneyed corporations, etc., that 
 is, by taking into the account the capital stock, the value of the real estate and 
 the surplus earnings less the ten per cent, and that upon this principle the 
 assessment was not excessive. {The People ex rel. The Exchange Bank at Lockport 
 V. The Board of FAucation, etc., Supreme Court, 1866, 46 Barh., 598.) 
 
 Held, also, that it was incumbent upon the bank to show that the assess- 
 ment included and operated upon a portion of its property invested in United 
 States securities ; and that, this not having been shown, no case was made for 
 a mandamus, directing the assessors to correct the assessment roll lor personal 
 property, by reducing the amount therein, from $165,980 to $112,000. Id. 
 
 The supreme court will not interfere to review or overrule deciFions of the Department of 
 
 Public Instruction. 
 
 At the Monroe special term, June, 1867, E. Darwin Smith, Justice, delivered 
 the opinion of the court, as follows : 
 
 This is an action under the Code, section 432, brought by the Attorney- 
 Oenc'ral in tlu; name of the people, upon the relation of Jerome Hill, to try the 
 title of the defendant Collins to the otiice of trustee, and of the defendant Van 
 Voorhees to the office of collector of school district No. 9, ia the town of Victor, 
 county of Ontario. Such action is a substitute for the writ of quo v.arranto, 
 and may be brought where any pensBu shall usurp, intrude into, or unlawfully 
 hold or exercise any public office, civil or niilitary, or any franchise within this 
 State. The only issue which can be raised or tried in the action is tlu; title to 
 the office and of ouster as against the defendant, or of dismissal of the com- 
 plaint if th(! people fail in tlie action. The question whether the relator or 
 the defendant, Collins, is the legal trustee of said school district, has been pre- 
 sented to the Superintendent of Public Instruction, been passed uiion by him, 
 and expressly adjudicated in favor of the defendant, in a decision made by hira 
 on the 18th day of February last. This decision covers the whole question
 
 New Youk State Courts. 453 
 
 which can be tried and decided in this action, and tlie question presented to 
 this court is wliether this action will lie to review such decision of the Sujier- 
 intendent, notwitlistau(lin<j sucli decision. 
 
 I have no doubt tliis decision is bindinf^ and conclusive upon these parties, 
 and that this action cannot be maintained. The Leofislature clearly intended 
 that all questions r(;Uitin<f to the holdino: of school district mcctinjjs, and any 
 and all oilicial acts of school officers, trustees, commissioners, supervisors or 
 others relating to the conduct of common schools, or coucerninjj any matter, 
 act or duty required or performed under the law providing for the organization 
 and maintenance of common schools or any law relating or pertaining thereto, 
 Bhould or might bo jiresented on appeal to the Superintendent of Public 
 Instruction, and should be decided by him ; and, when so decided, the act, 
 section 1, title 13, of the act of 18G4, relating to public instruction. Session 
 Laws, page 1244, expressly declares that " the decision of such Superintendent 
 shall be final and conclusive, and not subject to question or review in any place 
 or court whatever." I have no doubt this is a valid act, and that the Legisla,- 
 ture had ample power to pass it. It was designed to save and prevent litiga- 
 tion in the courts in respect to the many questions of dispute constantly arising 
 in the school districts of the State in respect to school officers and the conduct 
 of such officers in the managemeitt and control of the affiurs of the common 
 schools. It seems to me that it was a wise and judicious provision to settle 
 Bchool controversies promptly and summarily, and save districts and district 
 officers the trouble, vexation, strife and expense of litigation in the courts. 
 But, if it were otherwise, the courts are bound to obey the law and refrain 
 from any review of the proceedings or decisions of the Superintendent. The 
 Superintendent has decided that the defendant is the lawful trustee of this 
 school district, and that decision, I think, must end this controversy. His 
 decision is final, and the parties must submit to it. Such decision disposes 
 of all the questions which can bo litigated, and leads to the conclusion that 
 the injunction must be dissolved, and it is dissolved, with costs to abide the 
 event.
 
 LIST OF THE TITLES OF 
 ALL THE GENERAL AND SPECIAL ACTS OF NEW YORK 
 
 RELATING TO SCHOOLS AND EDUCATION. 
 
 [The following list, alphabetically arranged, is supposed to contain the titles 
 of all acts relating to schools and education passed by the Legislature of 
 this State. A few, which were merely appropriation bills, have been purposely 
 omitted, and perhaps some others have been overlooked.] 
 
 An act to confirm the proceedings of tlie joint school district, composed of district No. 
 5, in Adams, and district No. (i, m the town of Henderson, in the county of Jefl'erson. 
 Passed April 1, 1840. Sess. Laws, p. 52. 
 
 An act to incorporate the Albany Lancaster school society. Passed May 2f), 1812. Sess. 
 Laws (Webster & Sliinncr's ed.), p. 390. Section 10 required the city to pay $500 a year 
 toward the support of the school. 
 
 An act to amend the act entitled " An act to incorporate the Albany Lancaster school 
 society." Passed February 12, 1813. Sess. Laws, p. 21. Kepealed the sixth section, and 
 changed the sum entitling a person to a scholarship to $25. 
 
 An act to incorporate a school for people of color in the city of Albany. Passed April 12, 
 181G. Sess. Laws, p. 8.3. The act incorporates the " Albany school for educating people of 
 color," vests in the trustees the title of a lot of land, and permits them to hold real and per- 
 sonal estate with an income not to exceed $1,000 annually. 
 
 An act relating to common schools in the city of Albany. Passed April 17, 18.30. Sess. 
 Laws, p. 200. Authorizes the election of commissioners of common schools in the several 
 wards of the city east of Perry street, and the organization of a board, with power to organ- 
 ize districts and appoint trustees. The school moneys were to be apportioned to the city 
 and to the county separately. The Lancaster schools "were to share in its distribution. The 
 part of the city west of Perry street formed a separate district. 
 
 An act to amend an act entitled " An act relSting to common schools in the city of 
 Albany." Passed January 25, 1831. Authorizes a tax on district No. 6, to build a school- 
 house. 
 
 An act to amend an act entitled " An act relating to common schools in the city of Albany." 
 Passed April 11, 1831. Sess. Laws, p. 1153. Autliorizing taxes to build school-houses. 
 
 An act relating to the second school district in the city of Albany. Passed April 25, 1832. 
 Sess. Laws, p. 472. Authorizes the trustees to erect a school-house, mortgage the lot and 
 building, and to exact ten per cent. on each rate bill for tuition, to pay the 'principal and 
 interest. 
 
 An act further to amend the act entitled "An act to amend the several acts relating to 
 the city of Albany, and to combine the same into one act," passed April 13, 1820. Passed 
 >Iay 1, 1831. Sess. Laws, p. 41(1 Section 3 repeals the thirteenth section of said act, giving 
 $.500 yearly to the Lancaster school. Section 13 continues in force the act of April 11, 1831, 
 relating to common scliools in the city of Albany, for five years from May 1, 18;i4. 
 
 An act to provide for the erection of district school buildings in each district east of 
 Perry street in the city of Albany. Passed April 20, 1837. Sess. Laws, p. 205. Raises by 
 tax $2.">.000. in ten annual installments, for building school-houses, and authorizes the loan- 
 ing of that sum to the city from the capital of the common school fund. 
 
 An act to amend an act entitled "An act relating to common schools in the city of 
 Albany." Passed May 9, 1837. Sess. Laws, p. 406. The first two sections relate to the
 
 A List of Acts Relating to Schools. 455 
 
 raising and apportionment of taxes for the support of schools. The third and fourth eec- 
 tions forbid dii^tricts cast of Perry street from votiiiir tuxes, or disposing of district prop- 
 erty, and required thciu to lieep a record of proceedings of tchool meetings. 
 
 An act relative to the common schools in the city of Albany. Passed ^lay 8, lc8.37. 
 Sess. Laws, p. :!!)(). Apportions $100 to each school east of Perry street, and $i") to each 
 district west of said street, for repairs and contingent expenses ; and directs school moneys 
 to be apportioned to the Albany orphan asylum for the payment of the wages of teachers. 
 
 An act amendatory of the several acts relating to diBtrict schools in the city of Albany. 
 Passed April 8, 1S44. Sess. Laws, p. 115. 
 
 An act to amend an act relating to the district schools of the city of Albany, passed 
 April 8, 1*44. Pas.sed May 1.3, 1845. Sess. Lawe, p. 265. 
 
 An act to authorize the city of Albany to raise money by tax to build a district school- 
 house. Passed April 12, 1S48. Sess. Laws, p. 4.S2. 
 
 An act authorizing an additional sum of money to be raised in the city of Albany, for 
 Bchool purposes. Passed April 17, 1852. Sess. Laws, p. 0T6. 
 
 An act in relation to common schools in the city of Albany, west of Periy street. Passed 
 June 18, 1853. Sess. Laws, p. 1037. 
 
 An act amendatory of the several acts relating to district schools in the city of Albany. 
 Passed April 14, 1855. Sess. Laws, p. 951. 
 
 An act to create a board of public instruction in the city of Albany; to establish free 
 Bchools therein, and amendatory of the several acts relating to the district schools in said 
 city. Passed April 7, 1866. Sess. Laws, p. 1)86. 
 
 An act to amend an act entitled " An act to create a board of ptiblic instniction in the city 
 of Albany ; to establish free schools therein, and amendatory of the several acts relating to 
 the district schools in said city," passed April 7, 1866. Passed January 31, 1867. Sess. 
 Laws, p. 37, vol. 1. 
 
 An act to authorize the inhabitants of joint school district No. 5, in the town of Attica, 
 county of Wyoming, and town of Alexander, county of Genesee, to raise money. Passed 
 Aprir2, 184!). Sess. Laws, p. 2.S6. 
 
 An act to divide the town of Alfred, in the county of Allegany. Passed March 10, 1821, 
 Sess. Laws, p. ill. Erects the towns of Independence and Almond, and directs the moneys 
 derived Irora the sales of the gospel and school lots to be divided. 
 
 An act to authorize the trustees of school district No. 3, in the town of Amherst, county 
 of Erie, to raise certain moneys for school purposes. Passed April 5, 1866. Sess. Laws, 
 p. &J0. 
 
 An act for the collection of a school district tax in joint district No. 3, in town* of Ash- 
 ford and East Otto, in Cattaraugus county. Passed April 10, 1857. Sess. Laws, vol. 1, p. 699. 
 
 An act in relation to school district No. 12. in the town of Attica. Passed April 3, 1829. 
 Sess. Laws, p. 176. Authorizes apportionment of moneys to district. 
 
 An act authorizing the application of the common school moneys in the village of Athens 
 and ill the city of Hiidsou to the education of poor children. Passed April 15. 1814. Sess. 
 Laws. p. 244. This law modilied the general law, and set apart the public money in Athens 
 and Hudson for the beneflt of the poor exclusively. 
 
 An act to incorporate the city of Auburn. Passed March 21, 1818. Sess. Laws, p. 119. 
 Title 8 of this act related to schools. 
 
 An act to regulate the free schools in the city of Auburn Passed April 10, 1850. Sess. 
 Laws, p. 751. 
 
 An act to amend an act entitled " An act to regulate the free schools in the city of Auburn," 
 passed April 10, 18.50. Passed March 23, 1857. Sess. Laws, vol. 1, p. 365. 
 
 An act to amend an act to regulate free schools in the city of Auburn, passed April 10, 
 1850. Passed March 19, 1866. Sess. Laws, p. 349. 
 
 An act to amend an act entitled " An act to amend an act to regulate free school? in the 
 city of Auburn." passed April 10, 1850, passed March 2;^, 1857. Passed February 19, 1864, 
 Sess. Laws, p. 33. 
 
 An act to incorporate the Cayuga asylum for destitute children. Passed April 10, 1852. 
 Sess. Laws, p. 279. Section 12 made the school kept in this asylum a separate district 
 school, and gave it a distributive share in the public money and in the school money raised 
 in the city. 
 
 An act to authorize the maj'or and common council of the city of Auburn to raise money 
 by tax to pay for building a school-house in district No. 5. Passed April 14, 1855. Sess. 
 Laws, p. 955. Authorizes a tax of $250. 
 
 An act to authorize the trustees of school district No. 7, in the town of Augusta, Oneida 
 county, -to convey real estate. Passed April 21, 1865. Sess. Laws, p. 938. 
 
 An act authorizing the trustees of school district No. 7, town of Augusta. Oneida county, 
 to convey a certain lot of land. Passed March 16, 1866. Sess. Laws, p. 321. 
 
 An act for the relief of Stephen Sprnguo, Orange Spaulding and Robert R. Cowan, lata 
 trustees of school district No. 12, in the town of Aurelius. Passed March 22, 1833. Sees. 
 Laws, p. 96. Authorizes a tax to pay the costs of a suit against them.
 
 456 A List of Acts 
 
 B. 
 
 An act to authorize the board of education of the Baldwinsville union school district to 
 borrow money. Passed April 19, ISUT. Scss. Laws, p. 1125, vol. 1. 
 
 An act in relation to school district No. 3, in the town of Batavia. Passed April 25. 1S39. 
 Sess. Laws, p. 210. 
 
 An act to authorize the inhabitants of consolidated school district No. 2, in the village of 
 Batavia, Genesee county, to raise money. Passed March 2!)., 18-17. Sess. Laws, p. 45. 
 
 An act to enable the trustees of consolid."tcd school district No. 2, in Batavia. to levy a 
 tax for the support of a school therein. Passed June 25, 1S51. Sess. Laws, p. 5(36. 
 
 An act to enable the trustees of school district No. V, in the town of Bath, to hold by deed 
 a certain lot therein mention.id. Passed Alarcli :il, 1S15. Authorizes certain persons to 
 convey,, by deed, filty acres of land to tlie trustees ot district No. T, to be held in trust for 
 the beiieftt of the common schools in the settlement known as Pleasant Valley. 
 
 An act to authorize the trustees of union school difitrict No. 5, in the village of Bath, in 
 the county of Steuben, to raise money by tax. Passed January 24, 1851. Seas. Laws, p. 10. 
 
 An act in relation to schools in the village of Binghamton. Passed April 19, 18C1. Ses3. 
 Laws. p. 752. 
 
 An act to amend an act entitled " An act in relation to schools in the village of Bingham- 
 ton," passed April 19, 1861. Passed April 25, 1864. Sess. Laws, p. 843. 
 
 An act to amend chapter 329, of the Laws of ISfil, entithd " An act in relation to school.s 
 in the village of Binghamton." Passed April 14, 1S6G. Sess. Laws, p. 1250. 
 
 An act to incorporate the city of BiuErliamton. Passed April 9, 1867. Sess. Laws, p* 
 688, vol. 1. Title 11, p. 645, relates to common schools. 
 
 An act in relation to district No. 1, in the town of Booneville. Passed May 5, 1837. Sess. 
 Laws, p. 344. Authorizes the sale of site, tlie purchase of a new site and the erection of a 
 Bchool-house, and the raising of a tax to defray tlie cost. 
 
 An act to authorize school district No. 11, in the town of Brasher, in the county of St. 
 Lawrence, to sell their lot. Passed September 20, 1847. Sess. Laws, p. 419. 
 
 An act relative to the common schools of the city of Brooklyn. Passed April 2, 1836. 
 Sess. Laws, p. 1.36. Authorizes taxation for the building of school-houses. 
 
 An act relative to school district No. 0, in the city of Brooklyn. Passed April 3, 1837. 
 Scss. Laws, p. 120. Confirms the proceedings of a school meeting in changing the site, and 
 the sale of a school-house. 
 
 An act relative to common schools in the city of Brooklyn. Passed March 23, 1843. Sess. 
 Laws, p. 39. 
 
 An act further to amend an act entitled "An act relating to common schools for the city 
 of Brooklyn," passed May 23, 1843. Passed April 6, 1848. Sess. Laws, p. 298. 
 
 An act to amend an act entitled "An act relating to common schools for the city of 
 Brooklyn." Passed March 23, 1814. Sess. Laws, p. 514. 
 
 An act to enlarge the act entitled " An act relative to common schools in the city of 
 Brooklyn." Passed March 23, li^3. Passed jNIay 14, 1845. Sess. Laws, p. 327. Authorizes 
 the formation of school districts for colored children. 
 
 An act to appoint a sujiorintendent of common schools of the city of Brookl}'n. Passed 
 January 28, 1848. Sess. Laws, p. 14. 
 
 An act to reorganize and regulate the common schools and the board of education in tho 
 city of Brooklyn. Passed April 4, 1850. Sess. Laws, p. 237. 
 
 An act to amend an act to reorganize and regulate the common schools and the board of 
 education in the city of Brooklyn, passed April 4, 1850 Passed March 17, 1857. Sess. 
 Laws, vol. 1, p. 2.37. 
 
 An act to authorize the board of education of the city of Brooklyn to sell a certain school 
 lot. Passed April 10, 1850. Sess. Laws, p. 771. 
 
 An act to amend "An act to revise and amend the several acts relating to the city of 
 Brooklyn," passed April 4,1850. Passed June 19, 18,")1. Sess. Laws, p. 4-12. Section 15 
 relates'to the money to be raised by tax for the support of schools. 
 
 An act to consolidate t!ie cities of Brooklyn and Williamsburgh and the town of Bushwick 
 into one municipal government, and to incorporate tlie same. Passed .\pril 17, 1851. Sess. 
 Laws, p. 829. Section 13, title II, relates to schools and tho board of education. 
 
 An act to amend an act entitled " An act to consolidate the cities of Brooklyn and Wil- 
 liamsburgh and the town of Bushwick into one municipal irovernnKuU, and to incorporate 
 the same," passed April 17. 1S.54. Passed April 6, 1857. Section 11 authorizes the board 
 of education to maintain a normal school. 
 
 An act to amend an act entitled " An act to reorganize and regulate the common schools 
 and the board of education in the city of Brooklyn," passed Ajjril 4, 1850. Passed March 
 7, 1S02. Sess. Laws, p. 84. 
 
 An act to authorize the appointment of an assistant superintendent of common schools 
 In the city of Brooklyn. Passed April 3, 18(J6. Sess. Laws, '). 803.
 
 Relating to ScnooLS. 457 
 
 An act for the relief of common schools in the city of Brooklyn. Passed April 11, 1806. 
 Sess. Laws, p. 1118. 
 
 An act to authorize the city of Brooklyn to borrow money, upon certificates of indebted- 
 ness, for tlie punliaso of school sites and the building of school-houses. Passed April 23, 
 181)7. Sfss. Laws, p. 1527, vol. 2. 
 
 An act to provide for the existing deficiency in moneys applicable to the support of com- 
 mon schools in the city of Brooklyn. Passed March 31), 1SIJ7. Sess. Laws, p. 30S, vol. 1. 
 
 An act confirminjj the reports of the trustees of certain school districts iu the county of 
 Broome. Passed April 13, 1S2;). Soss. Laws, p. 2-^2. 
 
 An act in relation to school district No. 1, in the town of Brownville, in the county of Jef- 
 ferson. Passed Jlay 4, 1844. Sess. Laws, p. 391. 
 
 An act relative to district No. 8, in the town of Brutus. Passed January 31, 1&16. Sess. 
 Laws, p. (j. 
 
 An act to provide for free schools in the town of Bushwick. Passed October 16, 1847. 
 Sess. Laws, p. 427. 
 
 An act in relation to schools in the town of Bushwick, Kings county. Passed April 1. 
 1S52. Sess. Laws, p. loS. 
 
 An act to amend an net entitled " An act to provide for free schools in the town of Bush- 
 ■wick," passed October 16, 1847. Passed June 18, 1853. Sess. Laws, p. 816. 
 
 An act further to amend an art entitled " An act to incorporate the city of Buffalo," passed 
 April 20, 18:32. Passed March 12, ]S:J8. Sess. Laws, p. 37. 
 
 An act to amend an act entitled " An act to incorporate the city of Buffalo." Passed May 
 11, 1837. Sess. Laws, p. 437. 
 
 An act further to amend an act entitled " An act to incorporate the city of Buffalo," passed 
 April 20, 1832. Passed May 12. 1S38. Sess. Laws, p. 37. 
 
 An act further to amend tlie charter of tlie city of Buffalo. Passed February 14, 18.^9. 
 Sess. Laws, p. 18. Section 22 of this act made the city schools free to all children under 
 sixteen years of age. 
 
 An act to consolidate and amend the art to incorporate the city of Buffalo, passed April 
 20, 1832, and the various acts amendatory thereof. Passed .\iii'il 7, 1S43. Sess. Laws, p. 116. 
 Title !» relates to " common and other schools." The common schools are free to all wldte 
 children under sixteen years of age, and free schocds are provided for ail colored children. 
 
 An act to amend an act entitled " An act to consolidate and amend the act to incorporate 
 the citv of Buffalo," passed A|)ril 20, 1832, and the various acts amendatory thereof, passed 
 April 17. 1843. Passed .March 2!), 1849. Sess. Laws, p. 224. 
 
 An act to revise the charter of the city of Buffalo, and to enlarge its boundaries. Passed 
 April 13. is;53. Sess. Laws, \t. 447. Title six relates to schools. They were made free to 
 all white children over the ago of five and under the age of eighteen. 
 
 An act to amend an act entitled " An act to revise tlie charter of the city of Buffalo, and 
 to enlarge its boundaries," passed April 13, 1853. Passed April 4, 1856. Section 13 relates 
 to taxation in school districts. 
 
 An act to amend an act entitled "An act to revise the charter of the city of Buffalo,*and 
 to enlarge its boundaries," passed April 13, 1853, and the several acts amendatory thereof. 
 Passed April 16, 1801. Sess. Laws, p. 620. 
 
 .\n act to incorporate the Buffalo juvenile asylum. Passed April 7, 1856. Sess. Laws, p. 
 175. Sectiou 30, p. 177, permits the schools of the asylum to share iu the school fund. 
 
 An act to authorize the erection of a school-honse in the village of Canandaigua, and for 
 the maintenance of a school for colored children, to be kept therein. Passed April 14, IS.iS. 
 Bess. Laws, p. 430. 
 
 An act to repeal the act entitled " An act to authorize the erection of a school-house in 
 the villaire of Canandaigua, and for the maintenance of a school for colored children, to be 
 kept therein," passed April 14. 18,")2: and to authorize the trustees of said village to sell 
 the said echool-house and the lot on which it stands. Passed April 8, 1859. Sess. Laws, 
 p. 447. 
 
 An act to authorize the trustees of school district No. 3, in the town of Castleton, and 
 county of Riclimond, to mortgage the property belonging to the district for certain pur- 
 poses" Passed June .30, 18.".3. Sess. Laws, p. 9.j0. 
 
 An act to establish free schools in district No. 1, in the towns of Castleton and Southfleld, 
 In the county of Richmond. Passed .\pril 10, 1855. Sess. Laws, p. 471. 
 
 An act to enlarge the power* of school districts Nos. 2. 3, 5 and 7, in the town of Castle- 
 ton, in tlie county of Richmond. Passed April 14, IJ-.'JS. Sess. Laws, p. 942. 
 
 An act to amend an act entitled " An act to establiv^h free schools in district No. 1, in tha 
 towns of Castleton and Sonthfield, in the county of Richmond," passed April 10, 1855. 
 Passed April 1, 1856. Sess. Laws, p. IlC. 
 
 58
 
 458 A List of Acts 
 
 An act for the collection of unpaid taxes in school district No. 1, in the towns of Cas- 
 tleton and Southfield. Richmond county. Passed March 31, 1S57. Sesa. Laws, vol. 1, p. 
 453. 
 
 An act to amend an act entitled "An act to establish free schools in district No. 1, in the 
 towns of Castleton and Soutlifield, in the county of Richmond," passed April 10, 1855. 
 Passed April 2, 1SC4. Sess. Laws, p. 200. 
 
 An act to incorporate the Catskill Lancaster school society. Passed March 14, 1S17. 
 Sess. Laws, p. 77. Section 7 authorizes the society to receive the school moneys appor- 
 tioned to district No. 1. 
 
 An act to repeal "An act to incorporate the Catskill Lancaster school society," passed 
 March 14, 1817, and for other purposes. Passed April 20, 1830. Sess. Laws, p. 332. Section 
 2 makes the village of Pous^hkeepsie a permanent school district, and requires che public 
 moneys to be paid to the trustees of the Pouglikecpsie Lancaster school society. 
 
 ■ An act relative to the town of Cameron, in the county of Steuben. Passed April IS, 1831. 
 Sess. Laws. p. 197. Directs the overseers of the poor to apply $50 to the support of schools, 
 and, from time to time thereafter, to puy the commissioners of common schools such sums 
 as the inhabitants, or a majority of them, at any annual town meeting;, should direct. 
 
 An act in relation to joint school district No. 1, of the tovnis of Camillus and Geddes, in 
 the county of Onondaga. Passed April 13, 1852. Sess. Laws, p. 378. 
 
 An act to levy a tax in joint school district No. 7, in the towns of Canton and DeKalb, in 
 the county of St. Lawrence, to reimburse Sylvanus Styles and Theodoras Frisbie certain 
 expenses incurred in behalf of said district. "Passed May 7, 1847. Sess. Laws, p. 234. 
 
 An act for the relief of the trustees of school district No. 10, in the town of Chatham, in 
 the county of Columbia. Passed April 11, 1848. Sess. Laws, p. .'538. 
 
 An act authoriziuj? the trustees of school district No. 12, in the town of Chenango, to sell 
 a school lot. Passed February 19, 1834. Sess. Laws, p. 15. 
 
 An act to authorize the trustees of school district No. 3, in the town of Chenango, in the 
 county of Broome, to sell and convey their school lot. Passed May 5, 1834. Sess. Laws, 
 p. 506. 
 
 An act to establish a free school in district No. 3, in the town of Cherry Valley. Passed 
 April 11, 1853. Sess. Laws, p. 305. 
 
 An act to confirm the official acts of Hiram W. Jackson, of the town of China, as superin- 
 tendent of common schools. Passed March 26, 1849. Sess. Laws. p. 189. 
 
 An act to further amend the act entitled " An act to incorporate the trustees of Clarkson 
 high school, and to provide for the management and support of such school," passed April 
 6, 1859. Passed April 11, 1806. Sess. Laws, p. 1119. 
 
 An act to amend the first section of an act passed April 6, 1859, entitled " An act to incor- 
 porate the trustees of Clarkson high school, and to provide for the management and support 
 of such school." Passed February 18, 1800. Sess. Laws, p. 47. 
 
 An act for building a school-house and maintaining a school in the town of Clermont. 
 Passed March 27, 1791, Sess. Laws (Webster & Skinner^s ed.), vol. 2, p. 248. Authorizes the 
 appropriation of moneys in the hands of the overseers of the poor, from excise and fines, 
 for the erection of a school-house and for maintaining a school-master in said town. 
 
 An act to authorize and require the trustees of joint school district No. 14, of Clay and 
 Cicero, to levy and collect a tax for the relief of Hiram M. Wright and Joseph Rector. 
 Passed April 7, 1815. Sess. Laws, p. 33. 
 
 An act for the relief of George Ivill. Passed May 26, 1853. Sess. Laws, p. 570. Refers to 
 district No. 10, in the towns of Clay and Lysander. 
 
 An act to incorporate the Clyde high school. Passed April 21, 1834. Sess. Laws, p. 221. 
 Erects districts Nos. 14 and 17 into a permanent school district by the name of the " Clyde 
 high school." 
 
 An act to amend an act entitled "An act to incorporate the Clyde high school," passed 
 April 24, 1834, and for other purposes. Passed April 12, 1842. Sess. Laws, p. 328. 
 
 An act to reduce the number of trustees of Clyde high school, and for other purposes 
 concerning said school. Passed November 30, 1847. Sess. Laws, p. 509. 
 
 An act relating to the Clyde high school, in the town of Clyde. Passed April 14, 1858. 
 Sess. Laws, p. 313. 
 
 An act to authorize the trustees of school district No. 5, Cobleskill, Schoharie county, to 
 Bell real estate. Passed March 30, 1800. Sess. Laws, p. 547. 
 
 An act to establish free schools in the village of Cohoes. Passed April 10, 1850. Sess. 
 Laws, p. 740. 
 
 An act entitled an act to amend the charter of the village of Cohoes. Passed April 12, 
 1855. Sess. Laws, p. O'il. Sections 49 to 76 relate to schools. 
 
 An act to amend an act entitled " An act to amend the charter of the village of Cohoes," 
 passed April 12, 18.55. Passed April 15, 1857. Sess. Laws, p. 307, vol. 2. 
 
 An act confirming the acts r)f the commissioners of common schools, in the division of 
 the nchool district composed of parts of the towns of Colesville and Windsor, in the county 
 of Broome. Passed April 16, 1834. Sess. Laws, p. 147.
 
 Relating to Schools. 459 
 
 An act in relation to school district No. 7. of the town of Cortlnndt, connty of West- 
 chester, cinpowitrini; the trustees of said district to extend tlie lime for the payment of 
 loan, and aiithoriziiig tliem to sell part of school site. Passed April 10, ItiGO. Scss. Laws, 
 p. 373. 
 
 An act to lejjalize the formation of school district No. 18, in the town of Corllandt, West- 
 Chester county. Passed April IS, ISOl. Sess. Laws, p. 751. 
 
 An act authorizing the curamissioners of common schools in the town of Covert, in the 
 county of Seneca, to alter Uie tiu.e of apportioninj; the jjublic school money to the trustees 
 of the several school districts of said town. Passed May 1, ls2'.t. Sess. Laws, p. 518. Re- 
 quires them to meet on or before the first Tuesday in June. 
 
 An act to authorize the trustees of school district No. 5, Cobleskill, Schoharie county, 
 to sell real estate. Passed March ;JU, ISGlJ. Sess. Laws, vol. 1, p. .547. 
 
 An act to make the town of Cambria a part of the first school commissioner's district of 
 Niagara county. Passed March 28, 1SU7. Sess. Laws, vol. 1, p. 270. 
 
 An act to make the town of Chester a part of the second school commissioner's district of 
 Orange county. Passed February 15, 1S(>7. Sess. Laws, vol. 1, p. 70. 
 
 An act for the collection of unpaid taxes in school district No. 1, in the towns of Castle- 
 ton and Southfield, Richmond county. Passed March 31, 1S57. Sesa. Laws, vol. 1, p. 453. 
 
 D. 
 
 An act for the more easy pleading in certain suits, and for the relief of school districts 
 Nos. and 14, in the town of Dcerfield, and county of Oneida. Passed Miirch 30, 1820. 
 Sess. Laws, p. lOG. Authorizes districts to plead general issue, and gives double costs to 
 defendants in case of nonsuit or discontinuance. 
 
 An act in regard to union free school district No. 1, in the town of Deer Park, and to 
 enlarge its boundaries, and authorize the board of education thereof to raise money to 
 purchase sites, and to build or purchase school-houses. Passed April 14, 1SG6. Sess. Lawa, 
 p. 1348. 
 
 An act to amend an act entitled " An act in regard to union free school district No. 1, in 
 the town of Deerpark, and to enlarge its boundaries, and authorize the board of education 
 thereof to raise money to purchase sites, and to build or purchase school-houses," passed 
 April 14, 18GG. Passed April 2-3, 18G7. Sess. Laws, vol. 5, p. 1530. 
 
 An act authorizing the election of three trustees and a district clerk in school district 
 No. IG, located in the village of Delhi. Passed February 20, 1851. Sess. Laws, p. 23. 
 
 An act to provide for the erection of a new school-house in school district No. IG, in the 
 town of Delhi, in the county of Delaware, and to change the site thereof. Passed April 2, 
 1852. Sess. Laws, p. 178. 
 
 An-act changing the time for holding the annual school meeting in district No. 16 of village 
 and town of Delhi. Passed April 30, 1804. Sess. Laws, p. 1045~ 
 
 An act to authorize school district No. 20. in the town of Denmark, Lewis county, to levy 
 and collect a tax. Passed April 19, 1847. Sess. Laws, p. 93. 
 
 An act to transfer the town of Delhi from the first to the second commissioner district of 
 the county of Delaware. Passed April 22, 18G7. Sess. Laws, vol. 2, p. 1470. 
 
 E. 
 
 An act to establish free schools in school district No. 4, in the town of East Chester, in 
 Westchester county. Passed June 8, 1853. Sess. Laws, p. 723. 
 
 An act to amend " An act relative to the common school fund of the town of Edmeston, 
 county of Otsego." Passed February 26, 1828. Sess. Laws, p. 15. 
 
 An act to amend chapter 44 of the Laws of eighteen hundred and twenty-eight, bcin,!' 
 an act relative to the common school fund of the town of Edmeston, in the county oi 
 Otsego. Passed March 31, 1805. Sess. Laws, p. 415. 
 
 An act to confirm and make valid and effectual the several proceedings taken to organize 
 the union free school of the town of Ellicott. Passed April 2.3, 18G4. Sess. Laws, p. 770. 
 
 An act in relation to common schools in the village of Elmira. Passed April 4, 1859. 
 Sess. Laws, p. 2',)7. 
 
 An act to amend an act entitled " An act in relation to common schools in the village of 
 Elmira," passed April 4, 18.")!). Passed February 1!», 186"!!. Sess. Laws, p. 95. 
 
 An act to incorporate the city of Elmira. Passed April 7, 18G-1. Sess. Laws, p. 248. Sec- 
 tion 9, of title 10, relates to schools. 
 
 An act relative to Krasmns Ilnll. Passed April 1, 1S14. Sess. Laws, p. 91. The trustees 
 of Erasmus Hall are made trustees of the scnool district composed of what is c.illed the 
 "Old Town," in Flatbush, and the commissioners of common schools of the town are 
 required to pay over to them the school moneys to which that part of the town was entitled. 
 The money was to be expended in the education of such poor children sent to said academy 
 as in the opinion of the trustees were entitled to gratuitous education. This law wua 
 re-euacted in the Revised Statutes of 1827, and appears to be still in force.
 
 460 A List or Acts 
 
 An act to incorporate the village of Ed2;ewater. Passed March 22, 18G6, p. 441, vol. 1. 
 Subdivision 10. of section 1, of title 3, relates to schools. 
 
 An act to amend an act entitled "An act to incorporate the village of Edgewater," 
 passed March 22, 1860. Passed April 22, 1867. Sess. Laws, p. 1400, vol. 2, amends the 
 former act. 
 
 An act to incorporate the village of Edgewater. Passed March 20, 1SC6, p. 441, aa amended 
 by chapter 517, p. 1400 of the Session Laws of ISCG. 
 
 F. 
 
 An act granting relief to the trustees of school district No. 3, in the town of Fabius. 
 Passed January 27, 183S. Sess. Laws, J). 7. Authorized to sell a part of their schonl-house lot. 
 
 An act to authorize the trustees of Fanner's IJall academy to be trustees of a common 
 school district, and for other purposes. Passed April 12, 1822. Sess. Laws, p. 100. Tlie 
 first section makes the trustees of the academy trustees of the school district comprising 
 the village of Goshen for sis years, provided a majority of the taxable inhabitauts give their 
 consent, and such consent, given every six years, may continue them in otiice. Section 2 
 permits an apportionment of school moneys among the districts in Elizabethtown and 
 Essex, in the county of Essex. Section 3 repeals the act of April 15, 1814, relative to the 
 village of Athens. 
 
 An act to authorize the assessment and collection of certain money within school district 
 No. 11, in the town of Farmingtou. Passed April 25, 1832. Sess. Laws, p. 452. Authorizes 
 a tax for $i:J8.60. 
 
 An act to provide for the payment of certain expenses of the tmstees of school district 
 No. 11, in Farmington, in the county of Ontario. Passed April 24, 1833. Sess. Laws, p. 271. 
 
 An act to legalize the proceedings of the trustees and electors of school district No. 17 
 (formerly No. 2.3), of the town of Fishkill, and to authorize the present trustees to raise 
 money to pay certain debts and expenses. Passed March 4, 1851. Sess. Laws, p. 34. 
 
 An act in relation to school district No. IS, in the town of Fishkill. Passed April 13, 
 1861. Sess. Laws, p. 530. 
 
 An act to make the common school in district No. 4, in the town of Fishkill, Dutchess 
 county, free, and to provide a tax for that purpose. Passed Februai7 28, 1865. Sess. Laws, 
 p. 88. 
 
 An act to authorize school district No. 11, of the town of Fishkill, to borrow money to 
 build a school-house, and for other purposes. Passed April 19, 1867. Sess. Laws, p. 1062, 
 vol. 1. 
 
 An act in relation to common schools in the town of Flatbush, in the county of Kings. 
 Passed April 30, 1844. Sess. Laws, p. 360. 
 
 An act in relation to common schools in the town of Flatbush, in the county of Kings. 
 Passed May 12, ISKi. Sess. Laws, p. 301. 
 
 An act to authorize a sale of the real estate of school district No. 2, of the town of Flat- 
 bush, HI Kings county. Passed November 27, 1847. Sess. Laws, p. 505. 
 
 An act relative to the managers of a free school in the town of Flushing, in Queens 
 county. Passed April 10, 181S. Sess. Laws, p. 121. Authorizes the commissioners of com- 
 mon schools of the town of Flushing to pay to the managers of the free school association 
 the school moneys apportioned to school district No. 5. 
 
 An act to establish free schools in district No. 5, in the town of Flushing. Passed March 
 
 10, 1848. Sess. Laws, p. 87. 
 
 An act to amend "An act to establish free schools in district No. 5, in the town of Flush- 
 ing," passed March 10, 1848. Passed March 21, 1849. Sess. Laws, p. 160. 
 
 An act to amend an act to establish free schools in district No. 5, in the town of Flushing, 
 passed March 10, 1848. Passed April 15, 1854. Sess. Laws, p. 617. 
 
 An act to establish free schools in district No. 3, in the town of Flushing. Passed April 
 16, 1857. Sess. Laws, vol. 2, p. 431. 
 
 An act authorizing the board of education of Forestville union free school district No. 16, 
 of the towns of llunovcr and Sheridan, in the county of Chautauqua, to borrow money, 
 to be used in the erection of a new school-house. Passed March 15, 1865. Sess. Laws, 
 p. 217. 
 
 An act directing a grant of land for the site of a school-house in school district No. 2, in 
 the town of Fort Covington, in the county of Franklin. Passed February 16, 1821. Sesa. 
 Laws, p. 45. Directs the grant of a square acre of land. 
 
 An net for the relief of Nathaniel Culver, and for other purposes. Passed March 21, 1823. 
 Bess. Laws, p. 80. The fourth sciction direrts that the school lot shall be laid out in an 
 oblong square, having a front of two chains and lifty links on High street. 
 
 An act to establish a board of education in the village of Fort Covington. Passed April 
 
 11, 1S.>3. Sess. Laws, p. 235. 
 
 An act to authorize the board of education of the village of Fort Covington to sell the 
 sites of the present" school-houses in said village, and for other purposes. Passed March 
 26,1566. Sess. Laws, p. C17.
 
 Relating to Schools. 461 
 
 An act nnthorizing the town of Fort Edward to dispose of certain pnWic moneys. Passed 
 April 18, lS".i(J. Scss. Laws, p. 2"(i. Appropriates !^IM poor money to the support of schools. 
 
 An act for tlie relief of the tniptecs and collector of school district No. 3, in the town of 
 Frankfort, iu the county of UerUimcr. Passed March ai, 18iS. Confirms an assessment 
 and tax list. 
 
 G, 
 
 An act for the relief of Hamlet Scrantnm. Passed April 18, 182.3. Sess. Laws, p. 210. 
 Orders §103.91 to be raised by tax ou school district No. 2, Gates, for hia benefit. 
 
 An act for thn relief of Matthew Brown, Jr. Passed March 28, 1829. Sess. Laws, p. llX). 
 School district Xo. 2, Gates, JNlouroe county, to pay him $105.51. 
 
 An act authorizing the trustees of the Genoa academy to sell and dispose of their cor- 
 porate property. Passed April 16,1852. Sess. Laws, p. 510. Sale to district No. U, for a 
 union school. 
 
 An net to authorize the trustees of school district No. 1, in the town of German Flats, to 
 borrow mouey to build a school-house. Passed March (1, 1840. Sess. Laws, p. 112. 
 
 An act to authorize the trustee? of school district No. 2, in the town of German Flats, 
 to borrow monev, and to impose a tax for the repayment of the same. Passed March 20, 
 1350. Sess. Laws, p. 114. 
 
 An act to authorize the election of trustees in union free school district No. 2, in the 
 town of German Flats, in the county of Herkimer, and to classify said trustees and regulate 
 their powers and duties. Passed January 26, 1866. Sess. Laws, p. 32. 
 
 An act to confirm the decision of the Superintendent of Public Instruction, relating to the 
 election of trustees in union free school district No. 2, in the town of German Flats, in the 
 county of Herkimer, and to confirm the official action of said trustees, and to define their 
 tenure of otKce. Passed January 24, 1867. Sess. Laws, vol. 1, p. 34. 
 
 An act to unite the libraries of the common school districts of the village of Glen's Falls. 
 Passed July 9, 1851. Sess. Laws, p. 807. 
 
 An act iu relation to the Gowanda union school. Passed April 29, 1863. Sess. Laws, p. 450. 
 
 An act to authorize school district No. 4. in the town of Greece, to raise money on its 
 bonds for building a school-house. Passed April 22, 1862. Sess. Laws, p. 770. 
 
 An act requiring the town superintendent of tlie town of Greene to add certain moneys 
 to the town fund of said town. Passed April 12, 1852. Sess. Laws, p. 299. 
 
 An act to authorize the trustees of school district No. 4, in the town of Greene, to borrow 
 money on the credit of said district, and to provide for the payment thereof. Passed 
 Apriri3, 1S59. Sess. Laws, p. 643. 
 
 An act to authorize the supervisors of the towns of Guilford and Oxford to sell and con- 
 vey certain school and gospel lauds in those towns. Passed April 30, 1804. Sess. Laws, 
 p. 1044. 
 
 An act to increase the number of members of the board of education of school district 
 No. 8, in the town of Greenburgh, in the county of Westchester. Passed April 29, 1863. 
 Sees. Laws, p. 469. 
 
 An act to authorize school district No. 4, in the town of Greece, to raise money on its 
 bonds, for the purpose of building a school-house. Passed March 26, 1867. Sess. Laws, vol, 
 I, p. 2:56. 
 
 An act for the encouragement of schools. Passed April 9, 1795. Sess. Laws, p. 248, 
 Greenleaf, vol. 3. This was the first general school law passed in this State. It pro\idea 
 that there should be appropriated from the treasury .f.50,000 a year for five years, " for the 
 purpose 01 encouraging and maintaining schools in the eeveral cities and towns in this 
 State, in which the children of the inhabitants residing in the State shall be instiucted in 
 the English language, or be taught English grammar, arithmetic, mathematics and such 
 other branches of knowledge as are mo.-t useful and necessary to comi)letc a good English 
 education." The first apportionment was made by the law. "according to tin; representa- 
 tion of the counties in the Assenil)ly ; but it was provided that future apportionments should 
 be made '• in proportion to the number of electors for members of Assembly in each county." 
 Tlie b<'ards of supervisors were require'! to apportion the money among the several towns 
 •according to the number of taxable inhabitants, as tliey should ajjpear from the tax lists 
 annually returned to them by the assessors. The boards of superri.~ors in the several coun- 
 ties in ihc StUe were also required to raise by tax a sum equal to the amount apportioned 
 from the State treasury, except that the city of Albany was to raise a tax for only hall liio 
 amount. In the city of New York the money was t() bo used lor the support of charity 
 schools, and all other schools, such as mentioned above, "whether the children taught in 
 such charity schools shall be children of white parents, or descended from African's and 
 Indians.'' The inhabitants of the towns were required to elect not less than three nor 
 more than seven persons to be commissioners of schools, to have the distribution of the 
 money and the superintendence of the schools. The cities of .'Mbany and Hudson, for the 
 purposes (if the act, were declared to be towns. The inhabitants of- the towns were author- 
 ized to (dect trustees, and to associate tou'Cther for the purpose of hiring school-masters and 
 organizing schools. The trustees were required to make, on the third Tuesday in .\larch in 
 each year, a return of the school kept in their charge, containing the name of the master, or
 
 462 A List 05' Acts 
 
 masters, the nnm'ber of clays he or they had taught, the names of the scholars instmcted and 
 the number of days they have severally attended the school, and the time or times within 
 whicli the school has been kept. The commissioners were " to collect into one sum the 
 ■whole number of days for which each and every scholar, that may have attended any one 
 of the said schools, shall have been iustracted therein, and to apportion the moneys allotted 
 to and raised in that town for the purpose aforesaid, according to the whole number of 
 days for which instruction shall appear to have been given in said schools, in snch manner 
 that the school in which tlie greater number of days of instruction shall appear to have 
 been given shall have a proportionably larger sum." The money was paid to the trusteea 
 by an order drawn by the commissioners on the county treasurer. The commissioners 
 were required to make to the county treasurer an annual report of the condition of the 
 schools, and the county treasurer was required to transmit the same to the Secretary of 
 State. 
 
 An act to amend the act entitled " An act for the encouragement of schools." Passed 
 April 0, 1796. Sess. Laws (Greenleaf 's ed.), vol. 3. p. 32(i. Amended the act so that schools 
 organized of parts of adjoining towns might receive money in the same manner as other 
 schools. Children taught in academies " reading, writing and common arithmetic," were 
 declared " children of common schools," and entitled to the benefit of the act the same as 
 " scholars belonging to the common schools." 
 
 An act further to amend an act entitled "An act for the encouragement of schools." 
 Passed March 10, 1797. Sess. Laws (Greenleaf 's ed.\ vol. 3, p. 397. Ordered, that in the 
 city of New York one-sixth part of the public money should be apportioned to the charity 
 schools, and the other tivc-sixths " among the schools which in any wards in the city may 
 be established and conducted in conformity to the said act." The inhabitants of the city 
 were also granted the same rights, powers and privileges as were granted the inhabitants 
 residing in any part of any towns in the State. It was also provided that no school in the 
 State should receive any more money in any one year than should be required to pay the 
 master or mastess for the same year. The apportionment was made for the years 1790, 1797, 
 179S, but was omitted for the years 1799 and lyoO. An abstract of the returns for the year 1793 
 from sixteen of the twenty-three counties shows a total of 1,352 schools, organized accord- 
 ing to the act, in which 59,(;00 children were taught. 
 
 An act for the payment of certain officers of government, and for other purposes. Pas«ed 
 April S, ISOl. Sess. Laws, p. 217. One of the sections of this act directs " that no pay- 
 ments shall hereafter be made to any of the county treasurers under the 'act for the 
 encouragement of schools,' passed the 9th day of April, 1795," until legislative provision be 
 made on the subject. 
 
 An act to raise a fund for the encouragement of common schools. Passed April 2. 1805. 
 Sess. Laws (Webster & Skinner's ed.), vol. 4, p. 126. Appropriates the net proceeds of 500,- 
 000 acres of land first sold after the passage of the act, to be a permanent fund for the sup- 
 port of common schools. No distribution of the income was to be made until the interest 
 should amount to $50,000 annually. This act laid the foundation of the common school 
 fund. 
 
 An act for the payment of certain officers of government, and for other purposes. Passed 
 April 9, IMll. Sess. Laws (Webster & Skinner's ed.), p. .328. Section .54 authorized the 
 Governor to appoint five commissioners to draw up a i>lan for the organization and estab- 
 lishment of common schools. 
 
 An act for the establishment of common schools. Passed June 19, 1812. Sess. Laws 
 (Webster & Skinner's ed.), p. 600. This was the first law for the organization of common 
 schools. It was repealed in 1814, and superseded by an amended act. This in its turn was 
 repealed and revised in 1819. The revisers, whose work is known as the Revised Statutes, 
 framed a new statute, which took efiect January 1, 1S2.'^<, and which repealed all general laws 
 on the subject of a previous date. Section 18 permitted the Albany Lancaster school 
 society to share in the distribution of the revenue of the school fund. 
 
 An act to amend an act entitled, " An act for the establishment of common schools." 
 Passed March 4, 1813. Sess. Laws, p. 29. Directs the mode of distributing money 
 
 An act for the better establishment of common schools. Passed April 15, 1814. Sess. 
 Laws, p. 229. This is a general revision of the school laws of June 19, 1812, prepared on 
 the report of the Superintendent, showing the defects in that law. It was thought fit to 
 pass an entirely new act and repeal the first act. By the twenty-eighth section, the jiublic 
 money approjiriated to the city of Albany was to bo paid to the trustees of the Lancaster 
 «cho<)l in said city, to be applied to the education of such poor children in said city as in 
 their opinion should be entitled to gratuitous education. 
 
 An act to amend the act entitled " .\n act for the better establishment of common 
 Bchools." Passed April 18, 1815. Sess. Laws (Webster & Skinner's ed.), vol. 3, p. 260. 
 
 An act for the support of common schools. Passed April 12, 1819. Sess. Laws. p. 187. 
 A re-enactment of the school laws, and a repeal of the acts of April 15, 1814, and April 18, 
 1815. 
 
 An act for the relief of certain school districts. Passed April 14, 1820. Sess. Laws, p. 
 804. A general relieving act authorizing the distribution of school money to tlfeni. 
 
 An act for the relief of certain school district"). Passed Fehniary 16, Ifli. Sess. Laws, p. 
 40. A general relieving act, allowing the districts to share in the school moneys, notwitu- 
 Btanding their failure to make their annual reports.
 
 Relating to Schools. 463 
 
 An act relative to the incorporation of Lancastrian and other school*. Passed Fchriiary 
 23, 18-31. Sess. Laws, p. &4. Authorizes the Ref:;ents of the University to incorporate Lan- 
 castrian schools. With the consent of a majority of the inhabitants of any district iu 
 which such schools niijjht be established, they were to be re;,'iiided as district schools, and 
 to share in the distribution of the revenue of "the school funds and other school moneys. 
 
 An act for the payment of the officers of government therein mentioned. Passed April 3, 
 1821. Sess. Laws, p. 248. Section 2 abolishes the office of Superintendent of Common 
 Schools, and imposes the duties upon the Secretary of State. 
 
 An act to amend the act entitled "An act for the support of common schools," passed 
 April 12, 1819. Passed April 17. 1S22. Sess. La\v.«, p. 287. This act, section 7, tirst author- 
 ized appeals to the Superintendent in district school controversies, and made his decision 
 final. 
 
 An act further amending the act for the support of common schools. Passed April 19, 
 1823. Sess. Laws, p. 238. 
 
 An act to provide permanent funds for the annual appropriation to common schools, to 
 Increase the literature fund and to promote the education of teachers. Passed April 13, 
 1827. Sess. Laws, p. 2.37. The first section transfers to the school fund the balance of the 
 loan of 1786, and .flOO.OOO of bank stock. The third section added ^1.50,000 to the literature 
 fund, and placed the revenue of it at the disposal of the Regents. This revenue was directed 
 to be distributed to academies "in proportion to the numter of pupils instructed in each 
 academy or seminary for six months durins: the preceding year, wlio shall have pursued 
 classical studies, or the higher branches of English education, or both; and that no pupil 
 shall be deemed to have pursued classical studies, unless he shall have advanced as far at 
 least as to have read the first book of the ^Encid of -Virgil in Latin ; and no student shall be 
 deemed to have pursued the higher branches of an English education unless he shall have 
 advanced beyond such knowledge of common, vulgar and decimal arithmetic, and such 
 proficiency in English grammar and geography as are usually obtained in common schools." 
 The body of the act contains no allusion to "the education of teachers," but we may infer 
 from the title that the academies which were to receive the income of the large addition to 
 the literature fund were expected to expend it with special reference to the education and 
 training of common school teachers. 
 
 ' An act concerning the Revised Statutes passed at the present meeting of the Legislature. 
 Passed December 4t 1827. Sess. Laws, p. 11. Section 4, subdivision 7, repeals " all statutes 
 and parts 6{ statutes, consolidated and re-enacted in title 2, of chapter 15, or repugnant to 
 the provisions contained therein ; and all statutes and parts of statutes concerning common 
 schools," from and after December 31. 1827. Section 7 repealed "all statutes consolidated 
 and re-enacted in those parts of chapter 15, not comprised in the second title thereof, or 
 repugnant to the provisions contained therein," from and after December 31, 1828. Of 
 chapter fifteen of the Revised Statutes, entitled "of public instruction," title 2. which 
 applied to common schools, took efl'ect January 1, 1828, and the remaining titles January 
 J, 1829. 
 
 An act to repeal certain acts and parts of acts. Passed December 10, 1828. Sess. Laws, 
 p. 34. Subdivision 282 of section 1, repeals "An act for the support of common schools, 
 passed April 12, 1810, and all acts amending the same, or relating to the subject-matter 
 thereof, to take effect December 31. 1829." Chapter 15 of the Revised Statutes, entitled 
 " Of public instruction," of which title 2 took eftect January 1, 1828, and the rest January 
 1, 1S29. was enacted as a substitute for all previous laws relating to common schools. The 
 act of 1819 repealed all former statutes relating to the same subject. 
 
 An act to amend certain provisions of the Revised Statutes, and in addition thereto. 
 Passed April 20, 1830. Sess. Laws, p. 384. Section 5 changed the rule of apportionment by 
 making it among the several towns and cities according to population. Section 6 enlarged 
 the right to appeal. 
 
 An act concerning district school-houses. Passed February 17, 1831. Sess. Laws, p. 47. 
 Provides that after the building of a school-house, the site shall not be changed while the 
 district remains unaltered, nor then without the consent of the commissioners of common 
 schools, nor without a vote of two-thirds of the voters at a special meeting in its favor. 
 Also provides for the sale of the site and property of a district in which the site has been 
 changed. 
 
 An act to amend the act for the relief and support of indigent persons (part 1, chap. 20j 
 title 1). Passed April 25, 1831. Sess. Laws, p. 34(i. Section 4 requires all superintend- 
 ents of the poor to cause all children over five and under sixteen years of age to be taught 
 as children are taught in common schools, at least one-fourth of the time they remain in 
 the poor-houses. Section 6 forbids the enumeration of such children by the "trustees of 
 ichool districts. 
 
 An act to amend the Revised Statutes relating to common schools. Passed April 91, 
 1331. Sess. Laws, p. 2-17. Applies the provisions of section 2(i Revised Statutes to districts 
 formed as well as to altered clistricts, so tliat they may draw public moneys if they have 
 been formed from districts which have had a school kept for three months. 
 
 An act relating to common schools. Passed April 2fi. 18.32. Sess. Laws, p. 513. Authorizes 
 the purchase of Hall's lectures on' school-keeping for each district in the State. 
 
 An act to amend the act relating to common schools. Passed April 2(i, 1832. Sess. Laws, 
 p. 547. Directs school district taxes to be collected under section 2 of the act of 1831, 
 April 21, amending the Revised Statutes.
 
 464 A List of Acts 
 
 An act concerning the literature fund. Passed May 2, 1834. Sess. Laws, p. 495. Requires 
 the revenue in the treasury and the excc.«s of the revenue of the fund, over $12,000 a year, 
 to be expended in the education of common school teachers. 
 
 An act relating to public instruction. Pas.'red March 14, 1835. Sess. Laws, p. 30. Relates 
 to distribution of a report upon the education of common school teachers, and makes seven 
 trustees of any academy a quorum to transact l)usiuess. 
 
 An act to amend title 2 of chapter 15 of part first of the Revised Statutes, entitled " Of 
 common schools." Passed May 11, 18;i5. Sess. Laws, p. 350. Changes the time when the 
 commissioners of common schools are to make their reports from October 1st to August 
 1st, and the time for county clerk to make and transmit his abstract from December to 
 October 1st. Section 3 makes warrants for rate bills of like force as warrants of the board 
 of supervisors to collectors of taxes. Section 4 authorized the sale of old site, whenever 
 the site had been legally changed. ' 
 
 An act relating to public instruction. Passed April 13, 1835. Sess. Laws, p. 65. 
 Authorizes the taxable inhabitants of any school district to levy a tax of $20, to buy a dis- 
 trict library, and to levy also, yearly, $10, to make additions. 
 
 An act concerning common schools. Passed May 1, 18.37. Sess. Laws, p. 310. Authorizes 
 the publication of school laws and decisions. In pursuance of this act General Dix pre- 
 pared the volume known as " School Laws and Decisions." 
 
 An act concerning common schools. Passed April 22, 1837. Sess. Laws, p. 231. The 
 first three sections require the reports of trustees and commissioners to contain a state- 
 ment of the moneys expended for teachers' wages, in addition to the public money paid 
 thcrcfdr. The third section requires academics "having departments for the instruction of 
 common school teachers to report to the Superintendent of Common Schools. 
 
 An act to appropriate the income of the United States deposit fund to the purposes of 
 education and tlie diffusion of knowledge. Passed April 17, 1S3S. Sess. Laws, p. 220. The 
 second section appropriates $110,000 annually to the support of common schools. The 
 fourth section appropriates $55,000 annually to the purchase of boolcs for district school 
 libraries. The eighth section appropriates $28,000 from the income of the United States 
 deposit fund, and $12,000 from the income of the literature fund, to be distributed by the 
 Regents of the University to academies, under certain restrictions, one of which was that 
 every academy, receiving as its distributive share a sum equal to $700, should establish and 
 maintain a department for the instruction of common school teachers. These appropria- 
 tions have been annually made since the passage of the law. The surplus revenue has 
 been bestowed upon colleges, academies and literary institutions. 
 
 An act respecting school district libraries. Passed April 15, 1839. Sess. Laws, p. 150. 
 
 An act to amend title 2, of chapter 15, of the first part of the Revised Statutes, relating to 
 common schools. Passed May 3, 1839. Sess. Laws, p. 302. 
 
 An act to amend title 2, of chapter 15, of the first part of the Revised Statutes, relating to 
 common schools. Passed May 20, 1841. Sess. Laws. p. 230. This act reduced the number 
 of inspectors of schools to t\vo in each district; authorized the purchase of two or more 
 eitcs ; provided for schools for colored children : for the publication of a periodical for tlirec 
 years, devoted to the cause of education: created the otlice of deputy superintendent for 
 each county; and permitted the superintendent to designate any one of the clerks in his 
 office a general deputy superintendent, with power, in his absence, to perform all his duties. 
 
 An act amtnidatory of the several acts relating to common schools. Passed April 17, 18-13. 
 Sess. Laws, p. 1(13. Abolished the ofliccs of inspectors and commissioners of common 
 schools, and created that of " town superintendent of common schools." All appeals were 
 required to be made to county superintendents; and appeals from tlieir decision might bo 
 brought to the State Superintendent witliin fifteen days after service of a copy thereof. 
 
 An act in ridation to common schools. Passed January 28, 1845. Sess. Laws, p. 7. An 
 appropriiition bill. 
 
 An act to increase the capital of the common school fund. Passed May 10, 18(5. Sess. 
 Laws, p. 193. Adds $84,358.15, received from the United States, under an act of Congress, 
 passed September 4, 1811, being the proceeds of the sales of public lands, to the common 
 school fund. 
 
 An act to prevent the disturbance of evening schools in the several school district houses 
 in this State. Passed May 13, 1845. Sess. Laws, p. 249. 
 
 An act to amend the law in relation to conunon schools. Passed April 1, 18-10. Sess. 
 Laws. p. .50. Requires tlie trustees not to make an enunKU'ation of Indian children residing 
 In school districts wlio have not attended scliool for the last three mouths. And retiuires 
 town superintendents to apportion their distributi^e share of the public money to Indian 
 children in any district in wliidi they liave been instructed by a competent teacher during 
 four months oVtlie preceding year. 
 
 An act in relation to the dissolution of common school districts. Passed April 15. 1846. 
 Sess. Laws, p. 70. 
 
 An act to abolish the oflicc of trustees of the gospel and school lots, and to transfer the 
 powers and duties of the sann? to tlic town superintendent of common schools. Passed 
 Way 11. 1810. Sess. Laws, p. 210. 
 
 An act in relation to suits against district school ofliccrs. Passed May 1, 1847. Sess. 
 Laws, p. 103.
 
 Relating to Schools. 466 
 
 An act in relation to the payment of taxes in school districts. Passed May 7, 1847. Sess. 
 Laws, p. 2.32. 
 
 An act in relation to reports of State officers. Passed November 11, 1847. Sess. Laws, p. 
 452. Requires the annual roport to be completed l)efi)re the expiration of the current calen- 
 dar year, and to be transmitted to the Legislature immediately after the commencement of 
 its next annual session. 
 
 An act for the establishment of teachers' institutes. Passed November 13, 1847. Sess. 
 Laws, p. 459. 
 
 An act to abolish the office of county superintendent of common schools. Passed Novem- 
 ber 13, 1847. Sess. Laws, p. 45G. 
 
 An act in relation to appeals to the Superintendent of Common Schools. Passed Novem- 
 ber 19, 18-17. Sess. Laws, p. 4811. 
 
 An act relative to the valuation of property for school purposes in school districts situated 
 in different towns. Passed December 11, 1847. 
 
 An act relative to the office of town superintendent of common schools, and amendatory 
 of the Revised Statutes entitled " of public instruction." Passed December 15, 1847. Sesa. 
 Laws, p. 083. 
 
 An act establishing free schools throughout the State. Passed March 26, 1849. Sess. 
 Laws, p. 192. 
 
 An act to amend an act entitled " An act establishing free schools throughout the State," 
 passed March 26, 1849. Passed April 11, 1849. Sess. Laws, p. 561. 
 
 An act making appropriations for the support of common schools for the years 1849 and 
 1.S50. Passed March 30, 1810. Sess. Laws, p. 2.36. Section 2 appropriates money from 
 United States deposit or literature fund to such academies as should educate common 
 school teachers, one or more academy in each county, but not to exceed $250 to any 
 county. 
 
 An act to amend an act entitled " An act in relation to suits against district school 
 officers," passed May 1, 1847. Passed April 11, 1849. Sess. Laws, p. 545. 
 
 An act to amend chapter 480, of Session Laws of 1847, entitled " An act relative to the 
 office of town superintendent of common schools," and amendatory of the Revised 
 Statutes, entitled "of public instruction," passed December 15, 1847. Passed April 11, 
 1849. Sess. Laws , p. 534. 
 
 An act to amend " An act establishing free schools throughout the State," passed March 
 26, 1849. Passed January 31, 1850. Sess. Laws, p. 12. 
 
 An act requiring the supervisors of the several towns to take further security from the 
 town superintendents of common schools whenever it is necessary for the safety of the 
 public money. Passed April G, 1850. Sess. Laws, p. 345. 
 
 An act to submit to the people at the next annual election the question of the repeal of 
 the act establishing free schools throughout the State. Passed April 10, 1850. Sess. Laws, 
 p. 804. 
 
 An act to establish free schools throughout the State. Passed April 12, 1351. Sesa. 
 Laws, p. 292. 
 
 An act to amend the act entitled " An act to establish free schools throucjhout the State." 
 Passed July 9, 1851. Sess. Laws, p. 809. 
 
 An act to authorize the superintendent of common schools to purchase Webster's Una- 
 bridged Dictionary for the common school districts of this State. Passed July 9, 1851. Sess. 
 Laws, p. 828. 
 
 An act to legalize the acts of the several school districts of this State, providing for the 
 Bupport of commim schools. Passed July 10, 1851. Sess. Laws, p. 9.39. 
 
 An act to provide for the care and instruction of idle and truant children. Passed April 
 12, 165.3. Sess. Laws, p. 358. 
 
 An act to provide for the instruction of common school teachers. Passed June 17. 18.5.3. 
 Sess. Laws. p. 800. Appropriates to academies instructing students for common school 
 teachers, ten dollars a year for each scholar, not exceeding twenty-five— the money to be 
 paid from the United States deposit fund or literature fund. 
 
 An act to provide for the establishment of union free schools. Passed June 18, 1853. 
 Sess. Laws, p. 828. 
 
 An act in relation to recoveries against school officers. Passed June 30, 1853. Sess. 
 Laws, p. 9.51. 
 
 An act creating the office of State Superintendent of Public Instruction. Passed March 
 SO, 1854. Sess. Laws, p. 2.30. Created the Department of Public Instruction, and trans- 
 ferred to it the superintendence of the common srliools. The Secretary of State had been 
 ex officio Superintendent from April 3, 1821, to April 8, 1S.54. 
 
 An act in relation to school moneys. Passed February 6, 1855. Sess. Laws, p. 21. 
 
 in ac 
 
 sedJ 
 
 59 
 
 An act to amend an act entitled "An act to provide for the instruction of common 
 echool teachers," passed June 17, 1853. Passed April 13, 1855. Sess. Laws, p. 765.
 
 466 A List of Acts 
 
 An act to appropriate the avails of the State tax, and other school money? for the sup- 
 port of schools, and for the expenditure of a portion of the library money in providintj tha 
 school districts with the laws and decisions relating to public instruction. Passed March 
 15, I80G. Sess. Laws, p. 37. 
 
 An act to provide for the distribution of standard works of American authors among the 
 libraries of district schools. Passed April 12, 1855. Sess. Laws, p. 31L 
 
 An act to provide for a more thorough supervision and inspection of common schools, 
 and further to amend the statutes relating to public instruction in this State. Passed 
 April 12, 1850. Sess. Laws, p. 285. 
 
 An act to amend the law of taxation for the support of schools, and to change the mode 
 of distribution of school moneys. Passed April 12, 1850. Sess. Laws, p. 290. 
 
 An act to change the school year, and to amend the statutes m relation to public 
 instruction. Passed April 12, 1858. Sess. Laws, p. 209. 
 
 An act to amend section 85 of chapter 430 of the Laws of 1847. Passed April 10, 1858. 
 Sess. Laws, p. 45i. 
 
 An act to provide for the more effectual insurance of school-houses. Passed April 12, 
 1800. Sess. Laws, p. 537. 
 
 An act requiring school district lines to be definitely described and recorded. Passed 
 April 10, 18()U. Sess. Laws, p. 782. 
 
 An act for the establishing academical departments in the different "union schools." 
 Passed April 22, 1SG2. Sess. Laws, p. 812.' 
 
 An act to amend the statutes in relation to public instruction. Passed May 2, 1803. Sess. 
 Laws, p. ass. 
 
 An act to revise and consolidate the general acts relating to public instruction. Passed 
 May 2, 1804. Sess. Laws, p. 1211. 
 
 An act to amend an act entitled " An act to revise and consolidate the general acta 
 relating to public instruction," passed May 2, 1804. Passed May 1, 1805. Sess. Laws, 
 p. 1337. 
 
 An act to provide for the appraisal of and acquiring title to, lands taken for or in addition 
 to sites for district school-houses. Passed April 25, 1800. Sess. Laws, p. 1749. 
 
 An act in relation to the security to be given by the supervisors of towns. Passed Feb- 
 ruary 28, 1800. Suss. Laws, p. 149. 
 
 An act to amend chapter 800 of the Session Laws of eighteen hundred and sixty-six rela- 
 tive to the taking of lands for erection of school-hous"s. Passed May 9, 1807. Sess. Laws, 
 p. 2007, vol. 2. 
 
 An act to increase the salary of the office of school commissioner. Passed March 16, 
 1807. Sess. Laws, p. 119, vol. 1. 
 
 An act in relation to the valuation of the property of railroad companies in school dis- 
 tricts, for the purpose of taxation. Passed April 23, 1807. Sess. Laws, p'. 1744, vol. 2. 
 
 An act to amend an act to revise and consolidate the general acts relating to public 
 instruction, passed May 2, 1804, and to abolish rate bills authorized by special act. Passed 
 April 10, 1»07. Sess. Laws, p. 9(34, vol. 1. 
 
 An act providing for the application of moneys hereafter collected in the Metropolitan 
 Excise district for certain fines, and from licenses for the sale of liquors. Passed May 10, 
 1807. Sess. Laws, vol. 2, p. 2223. Appropriates the moneys thus collected in the counties 
 of Kings, Queens and Richmond, to the support of schools, first deducting the amount 
 required by law to be paid to the inebriate asylum and inebriates' home. 
 
 An act to make the town of Chester a part of the second school commissioner's district 
 of Orange county. Passed February 15, 1SC7. Sess. Laws, vol. 1, p. 70. 
 
 An act to make the town of Cambria a part of the first school commissioner's district of 
 Niagara county. Passed March 28. 1807. Sess. Laws, vol. 1, p. 270. 
 
 An act to transfer the town of Dellii from the first to the second school commissioner's 
 district of the county of Delaware. Passed April 22, 1807. Sess. Laws, vol. 2, p. 1476. 
 
 An act for the sale and disposition of lands belonging to this State. Passed Febrnary 25, 
 1789. Sess. Laws (Webster & Skinner's ed.), vol. 2, p. 254. Section 2 requires the Sur- 
 veyor-General, in his sun-ey of the twenty townships in Chenango county, to mark in 
 every township one lot go.<pel and another lot schools, which lots shall not be sold, but 
 ehall be reserved ; the lots marked gospel for the support of the gospel, and the lots marked 
 schools for the support of schools iii such township. 
 
 An act relative to the lots of land reserved for the support of the gospel and schools, and 
 for the promotion of literature in tlio military tract in the county of Onondaga. Passed 
 March 23, 1798. Sess. Laws (Kent & Ra(lclifi"s ed.1, vol. 2, p. 254. Puts the lot in charge of 
 the supervisors and three commisiioners, with power to lease tliem for a term not exceed- 
 ing tea years. The moneys arising from the rents and profits were to be expended for the 
 support of the gospel and scliools, or for either, or both, as the inhabitants of the towns, 
 in town meeting, might direct. 
 
 An act to amend an act entitled " An act relative to the lots of land reserved for the sup- 
 port of the gospel and schools, and for the promotion of literature in the military tract in
 
 Relating to Schools, 467 
 
 the connty of Onondaga," passed March 23, 179S. Passed April 11. IROS. Sess. Laws fWeb- 
 Bter & Skinner's cd.'," p. 4W. Directs the annual rents and profits arising Ironi the gospel 
 lots to be divided equally among the several religious societies in the towns, and those 
 arising from the school lots to Redistributed among the schools kept by<eachers. to be 
 ai)i)roVed by the supervisor and commissioners, in jiroportion to the aggregate number of 
 days which the scholars in eacli respective school shall have respectively attended such 
 schools in the year immediately preceding such division. 
 
 An act relative to the lots of land reserved for the support of the gospel and schools in 
 the counties of Onondaga, Cayuga, and Seneca. Passed April 4, ISOT. Sess. Laws (Webster 
 & Skinner's ed.), p. 152! Supervisors and two commissioners to be chosen from time to time 
 by the towns authorized to Mnse the land for terms not exceeding twenty-one years; the 
 moneys arising therefrom toTc appropriated according to the provisions.of the act passed 
 March Si, i;'.)8. . 
 
 An act to divide the county of Onondaga. Passed April S, 1803. Sess. Laws (Webster & 
 Skinner's ed.1, p. 305. Erects Cortland from part of Onondaga ; section 13, provides for an 
 equal division of the gospel and school lauds between Truxton and Fabius and between 
 Tally and Preble. 
 
 An act for the direction of the commissioners of the land oflice in certain cases, and for 
 other purposes. Passed April 11, ISOS. Sess. Laws (Webster <fc Skinner's ed.), p. 411. Sec- 
 tion 1, one lot in Stirlmg to be set apart for gospel and schools, and the other for the pro- 
 motion of literature. Section 5 directs the commissioners of the land office to lay out forty 
 lots south of, and adjoining Oneida lake, for the benefit of the inhabitants of the twenty- 
 townships in the county of Chenango. 
 
 An act for dividing the lot set apart for gospel and schools in the town of Romulus, 
 between the said town and the town of Fayette. Passed March 17, 1S09. Sess. Laws, 
 (Webster & Skinner's ed.), p. 4()-J. 
 
 An act to vest certain powers in the supervisors and assessors of the several towns in the 
 county of Clinton. Passed February 17, 1810. Sess. Laws (Webster & Skinner's ed.), p. 3. 
 Gives the supervisors and assessors the same powers, and imposes the same duties, as 
 were vested in and imposed on the supervisors and commissioners by the act relative to the 
 gospol and school lots in Onondaga, passed March 23, 1798, and the amendatory act passed 
 April 11, l.S()8. 
 
 An act for the payment of certain officers of government and for other purposes. Passed 
 April 9, ISll. Sess. Laws (Wel)ster & Skinner's ed.), p. 3->8. Section 18 authorizes the sale 
 of lot No. 22, in the town of Marcellus, and the investment of the avails for the benefit of 
 schools. Section 23 authorized the trustees of common schools and gospel lands to execute 
 durable leases for the lots in Cayuga and Cortland counties. 
 
 An act relative to the lots appropriated for the support of the gospel and schools, on the 
 twenty townships west of the Unadilla river, in the counties of Chenango, Madison and 
 Oneida, and for other purposes. Passed June Ki, 1812. Sess. Laws (Webster & Skinner's 
 ed.), p. .533. Appoints commissioners to divide the lots among the townships and take 
 charge of them. Section G sets apart lot No. 17, instead of lot No. 73, in Stirling, for gospel 
 and schools. 
 
 An act to amend the act entitled "An act concerning the gospel and school lots." Passed 
 April 2, 1813. Sess. Laws, p. 23. Authorized the sale of the lots and the loan of the money 
 on bond and mortgage. 
 
 An act concerning the gospel and school lots, passed April 2, 1813. Sess. Laws, p. 107. 
 Provides for the election of trustees, and directs how the l;iiuls shall be sold and the pro- 
 ceeds applied. The act applied to the towns of Ulysses, Ovid. Hector, ISomulus, Juiiius 
 and Fayette, in the county of Seneca ; to the towns of Dryden, Genoa, Locke, Sempronius, 
 Aurelius, Owasco and Hrutus, in the county ol Cayuga ; to towns of Fabius, Camillus, Man- 
 liiis. Pompey and TuUy, in the county of Onondaga ; and to the town of Windsor, in Broome 
 County. 
 
 An act to authorize the supervisors of the county of Seneca to lease lot number twenty- 
 four, in the town of Ulysses. Passed March 2.5, LsH. Sess. Laws, p. 74. 
 
 By an act of July 25, 1782 (see Greenleafs Laws, vol. 1, p. .5.5, Sess. C, chap. 11), certain 
 lands were set apart for the officers and troops serving in the line of the State of New 
 York in the array of the United States in the revolutioi'iary war. This act was amended in 
 some of its provisions. (Sess. 9, chap. (>7; Sess. 11, chap. 89; Sess. 12, chap. 44, and Sess. 14, 
 chap. 42.) By the act of Feb. 28, 1789 (Sess. 12, chap. 44, sec. 0), six lots were reserved in 
 each township, viz. : One for i)romoting the gospel, and a public school, or schools, another 
 for promoting literature in this State, and the remaining four to satisfy the surplus shares 
 of commissicined officers not corresponding with the division of (iOO acres, and to compen- 
 sate such persons as should by cliance draw lots, the greater part of which should be 
 covered with water. In conformity with those acts and the act of April 11, 1790 (Sess. 19, 
 chap. (19), the commissioners of the land oflice proceeded to ballot for the lots, etc., and 
 lot number 2-1, Ulysses, -^-as drawn for the purposes of literature. This act fulfilled the 
 intention of the Legislature. 
 
 An act confirming the division of the lots appropriated for the gospel and schools on the 
 twenty townships, west of the Unadilla river, in the counties of Chenango, Madison and 
 Oneida. Passed April 9. 1814. Sess. Laws, p. 134. 
 
 By the act of Feb. 25, 1789 (Sess. 12, chap. 32, see Oreenlcaf, vol. 2, p. 2fi.5>, the Surveyor- 
 General was directed to cause twenty townships to be surveyed and laid out upon the 
 eastern side of the lands purchased from the Indians in the year 1785, each township to be
 
 408 A List of Acts 
 
 500 chains square, and to be divided into four equal parts, and the whole tract to be divided 
 into lots of 250 acres each. The Surveyor-General was likewise directed to designate out 
 of such lots, two lots, one to be marked " gospel " and the other " schools." The commis- 
 sioners of the land office, having been subsequently authorized to sell the waste and 
 unappropriated lands belonging to this State, proceeded to sell among others the said lots so 
 designated for gospel and schools. By the act of April 10, 1S05 (Sess. 9S, chap. l.Sli), the Sur- 
 veyor-General was directed to cauje forty lots out of the unappropriated lands in the western 
 district, to contain '2.50 acres each, to be surveyed and laid out, and one-half to be marked 
 "gospel," and the other half '• schools," being in lieu of the lands appropriated by the act 
 of Feb. 2o, 1789. By the act of April 11, 1S08 (Sess. .31, chap. 237, section 5), the Surveyor- 
 (ieneral was directed to lay out the forty lots in the tract of land then lately purchased of 
 the Oneida Indians. No provision having been made for apmrtioning these lands among 
 tlie difl'erent townships, the Legislature, by the act of June~ifi, 1812 (Sess. 35, chap. 177), 
 authorized the inhabitants of each of the 20 townships west of the Unadilla river in Che- 
 nango, Madisoh and Oneida counties, and which comprised the lands in question, to elect 
 an agent to take charge of the lots, to lease the same, to bring suits for trespasses thereon, 
 etc. Commissioners were likewise appointed to divide the forty lots among the twenty 
 townships, giving two to each. These commissioners having performed this duty, the 
 present act was passed to confirm their proceedings. The law recites that the commis- 
 sioners divided the land into 20 lots of 144 acres, 20 lots of KiO acres, and 20 lots of 196 
 acres, and gave to each town one lot of 144 acres, and one lot of 100 acres and one lot of 19(5 
 acres. A description of the land was made, signed and duly acknowledged by them, and 
 recorded in the clerk's office of the county of Madison. 
 
 An act relative to the gospel and school lot in the town of Eastern, in the county of 
 Chenango. Passed April 11, 1817. Sess. Laws, p. 2:58. Directs a division of the moneys 
 arising from said lot between the towns of Eastern and Oxford. 
 
 An act relative to the north half of the gospel and school lot in the town of Guilford, in 
 the county of Chenango. Passed April 15, 1818. Sess. Laws, p. 142. Directs how the renta 
 and profits of said lot shall be dispo.-ed of for the support of schools. 
 
 An act concerning the gospel and school lot in the town of Hector. Passed April 17, 
 1818. Sess. Laws, p. 157. Provides for tlie disposition of the rents and profits of the lot, 
 and their distribution for the payment of tlie wages of common school teachers. 
 
 An act to divide the town of Hannibal, in the county of Oswego. Passed April 20, 1818. 
 Sess. Laws, p. 194. The town of Granby erected and the gospel and sciiool lots divided. 
 
 An act concerning the gospel and school lot in the town of Preble, in the county of Cort 
 land. Passed April 21. 1818. Sess. Laws, p. 2;:i8. The moneys arising from the sale of the 
 gospel and school lot divided between the towns of Preble and Scott. 
 
 An act to divide the town of Cincinnatus. in the county of Cortland, into four towns. 
 Passed April 21, 1818. Sess. Laws, p. 260. The towns of Willett, Freetown and Harrison 
 erected, and the avails of the gospel and school lots divided between them. 
 
 An act relative to the gospel and school lot in Clinton township, now the town of Bain- 
 bridge, in the county of Chenango. Passed April 2,1819. Sess. Laws, p. 90. Authorizes 
 the leasing of lot No. 50, and a division of the rents, one-half to the support of the regular 
 preaching of the gospel, and the other half to the support of schools. 
 
 An act for the more speedy collection of money arising from the rent and profits of gospel 
 and school lots, passed .\pril 1.3, 1819. Sess. Laws, p. 309. Authorizes suits to be ))rought 
 against former commissioners, and directs the money recovered to be applied to the sup- 
 port of scliools. 
 
 An act to amend an act entitled "An act relative to the lots appropriated for the sup- 
 port of the gospel and schools on the twenty townships west of the Unadilla river, in the 
 counties of Chenango, Madison and Oneida, and for other purposes," passed June 6. 1812. 
 Passed April 13, 1X19. Sess. Laws, p. 299. Confirms sales m llie tenth and fifteenth town- 
 Bhips, and directs the election of agents in the towns of New Berlin and Norwich, to take 
 charge of the avails of such sales. 
 
 An act for the relief of the town of Cicero. Passed April 12, 1820. Sess. Laws, p. 213. 
 Applies the provisions of the act of .\pril 2, 1813, entitled "An act concerning the gospel 
 and school lots " to the town of Cicero. 
 
 An act for the relief of Wm. W. Baldridge. Passed November 15, 1820. Sess. Laws, p. 4. 
 Authorizes a compromise about tlie gospel and school lot sold to him. 
 
 An act authorizing tlie sale of lot No. 1, in the town Scipio. Passed February 2, 1821. 
 8es8. Laws, p. 20. Autliorizes the sale of the lot. 
 
 An act concerning the gospel and school lot in the town of Tully in the county of Onon 
 daga. Passed .Marcli 13. 1821. Sess. Laws, p. 88. Orders a division \vitli tlie town of Spafford. 
 
 An act to divide the town of Ulysses, in tlie county of Tompkins. Passed IMarch 16, 1821. 
 Sess. Laws, p. 96. Erects the town of Covert and orders a dj^ision of the gospel and 
 school lot. 
 
 An act relative to the gospel and school lot in the town of Oswego. Passed March 23, 
 1821. Sess. Laws, p. 118. Authorizes the leasing of the lot. 
 
 An act concerning the gospel and school lot in the town of Madrid, and for other pur- 
 
 Soses. Pa<ised March 30, 1821. Sess. Laws, p. 171. .\uthorizes the election of trustccsaud 
 irecta how the lots shall be disposed of in the towns of M idrid and Hannibal.
 
 Relating to Schools. 469 
 
 . An act relative to the c;oppol and school lot in the to-wn of Camillus. Passed March 31, 
 
 1821. Scss. Laws, p. 189. Requires the trustees to give bonds. 
 
 An act concprniiiii lot No. 2-1 in the town of Genoa, in the county of Cayuga. Passed 
 February 2-1, hs22. Sess. Laws, p. 11. The avails of said lot declared to belong to said town 
 for the benefit of common schools. 
 
 An act concerning the school fund in the town of Otisco, in the county of Onondaga. 
 Passed March 15, 1S22. Sess. Laws, p. (JR. Provides for I he division of the proceeds of the 
 gospel and school lots, between Otisco, Pompey. Marcelhis and Tully. 
 
 An act concerning the gospel and school lot belonging to the towns of Ulysses, Enfield 
 and Ithaca. Passed April 5, 1822. Sess. Liiws, p. 13!i. Authorizes the election of one 
 trustee from each town to take charge of the lot, and the proceeds of such part as may 
 have been sold. 
 
 An act relative to the gospel and school lot in the town of Hector. Passed April 12, 
 
 1822. Sess. Laws, p. 21t>. Directs how the trustees shall manage the gyspel and school 
 lots, and tlie proceeds arising from th« sale tliereof. 
 
 An act concerning the gospel and school lot in the town of Galen. Passed April 17, 1823. 
 Sess. Laws, p. 315. Authorized to elect trustees to take charge of the lots. 
 
 An act concerning the gospel and school lot in the town of Stockholm. Passed February 
 8, 182.3. Authorizes the election of trustees to take charge of the lot. 
 
 An act concerning the gospel and school lots in the several towns of the county of St. 
 Lawrence. Pa^scfliMarch 21, 1S23. Sess. Laws, p. S7. Authorizing the inhabitants ol any 
 town except DeKalb to elect their trustees to take charge of the school lot. 
 
 An act to divide the town of Aurelius. Passed March 28, 1823. Sess. Laws, p. 105. The 
 towns of Auburn and Fleming were erected by the first section, and the fourth section pro- 
 vides for a division of the bonds and mortgages, moneys and otlier securities, the proceeds 
 of the sale of the gospel and school lots between the ihree towns. 
 
 An act to divide the town of Louisville in the county of St. Lawrence. Passed April 9, 
 
 1823. Sess. Laws, p. 130. Erects the town of Norfolk and provides for a division of th& 
 proceeds of the gospel and school lot. 
 
 An act relating to the gospel and school lands belonging to the town of Granby, in the 
 county of Oswego. Pu«sed April 11. I>s2:i. Ses?. Laws. p. l.")0. Authorizes the leasing of 
 the gospel and school lands and an ecLuable division of them between the towns of Grunby 
 and Lysander. 
 
 An act for the relief of the trustees of school district No. 13. in the towns of Verona and 
 Vernon, in the county of Oneida. Passed April, 12, 1823. Sess. Laws, p. 174. Orders a 
 patent to be issued to "the district for twelve rods of land. 
 
 An act relating to part of the avails of the gospel and school lot of the town of Tnlly, 
 Passed Aiiril 23, 1823. Sess. Laws, p. 282. Provision as to collecting certain moneys 
 belonging to the towns of Tully, OHsco and Spatford. 
 
 An act confirming the sale of certain lands made by the trustees of the town of Manlius. 
 Passed January IG, 18^4. Sess. Laws, p. 5. Confirms the sale of certain parcels of the gos- 
 pel and schoollot. 
 
 An act establishing the boundaries of the literature and gospel and school lots in the town 
 of Madrid, in the county of St. Lawrence. Passed March 17, 1824. Sess. Laws, p. 00. 
 
 An act supplementary to an act entitled " An act concerning the gospel and school lot in 
 the town of Chenango, and county of Broome, and for other purposes," passed April, IslG. 
 Passed March 30, 1824. Sess. Laws, p. 115. Autliorizes the sale of the gospel and school lot. 
 
 An act concerning the gospel and school lot in the town of Sterling. Passed April 1, 
 1834. Sess. Laws, p7l36. Appoints trustees to take charge of the lot and receive rents and 
 profits. 
 
 An act concerning the gospel and school lands in the town of Colcsville, in the county of 
 Broome. Passed November 24. 1824. Sess. Laws, p. 360. Appoints trustees to take charge 
 and receive rents and profits of lot. 
 
 An act to divide the town of Galen, in the county of Wayne. Passed November 24, 1824. 
 Scss. Laws, p. .35(;. Erects the town of Savannah, without giving it any right in the gospel 
 and school lot of Galen. 
 
 An act relative to the gospel and school lot in Greene township, in the to^vn of Greene 
 and county of Clienango. Passed Kehruary 5, 1825. Sess. Laws, p. 6. Provides for a 
 division of the lot between the towns of Coventry and Greene. 
 
 An act authorizing the trustees of the Methodist Union Society, in the town of Pompey, 
 to sell and convey real estate. Passed April 14, 1825. Sess. Laws, p. 244. Authorized to 
 Bell meeting-house and lot to school district No. 7. 
 
 An act authorizing the sale of lot No. 43, in the Edmeston tract. Passed April 14, 1825. 
 Sess. Laws, p. 211. 
 
 An act concerning the gospel and school lots in the several towns in the county of St. 
 Lawrence. Passed April 21. 1^25. Sess. Laws, p. 415. .\uth(irizps tiie inhal)itants of Mas- 
 Bcna, Louisville, Norfolk, Madrid, Lisbon, Oswegatchic, Delvalb, Canton, Potsd.Tm. Stock- 
 holm and riopkinton, to direct l\ow the income of the said lots shall be applied, llepcals 
 the acts of March 30, 1821, and March 21, 1823, relating to said lots.
 
 470 A List op Acts 
 
 An act relative to the gospel and school lot, and the literature lot in the town of Owego, 
 in the county of Tioga. Passed April 12, lS-^6. Sess. Laws, p. 151. 
 
 An act concerning the gospel and school lots in the towns of Gouverneurand Morristown, 
 in the county of St. Lawrence. Passed April 15, 182ti. Sess. Laws, p. 151. Appoints trus- 
 tees to take charge of them and receive the rents and profits. 
 
 An act concernin;^ the gospel and school lots in the town of Salina, and county of Onon- 
 daga. Passed April 17, 1828. Sess. Laws, p. 2(i(i. Appoints trustees to take charge of and 
 receive rents and profits. 
 
 An act relative to the gospel and school lots, and the literature lots in Sidney and DeKalb. 
 Passed April 17, 1S26. Authorizes commissioners of land office to sell the lots to the occu- 
 pants having deeds or contracts from William Cooper. 
 
 An act relative to the literature, gospel and school lots in the county of St. Lawrence. 
 Passed March 10, 1827. Sess. Laws, p. 51. Authorizes commissioners of the land office to 
 compromise with persons who have sold or occupied such lots under erroneous surveys. 
 
 An act for the relief of Benjamin Allen and others, settlers on the Stockbridge school lot. 
 Passed April 2, 1827. Sess. Laws, p. 116. The lot herein mentioned was set apart for the 
 support of schools for Indians, and this law authorized a sale of the subdivisions to the 
 occupants. 
 
 An act to alter the time of holding the. annual town meetings in the town of La Fayette, 
 in the county of Onondaga, and for the appointment of trustees of the school fund belong- 
 ing to said town. Passed April 16, 1S27. Sess. Laws, p. 349. Provides for the election of 
 three trustees, subject to the same duties and penalties as provided by the act of April 2, 
 181.3, " concerning the gospel and school lots." 
 
 An act relative to the common school fund of the town of Edmeston, in the county of 
 Otsego. Passed February 26, 1S2S. Sess. Laws, p. 40. Provides for the election of three 
 trustees to take charge of the avails of the sale of the gospel and school lot, and the moneys 
 coming from the overseers of the poor, which is to be invested as a common school fund 
 for the town. 
 
 An act concerning the gospel and school lands in the town of Sanford, in the county of 
 Broome. Passed March 20, 1823. Sess. Laws, p. 93. Trustees appointed under title 4, 
 chapter 15, part 1, Revised Statutes. 
 
 An act in relation to the gospel and school lot in the town of Potsdam. Passed April 18, 
 1S28. Sess. Laws, p. .309. Trustees of public lands authorized to sell said Jot, and hold the 
 proceeds subject to title 4, chapter 15, part 1, Revised Statutes. 
 
 An act concerning the gospel and school lot in the town of Chenango, in the county of 
 Broome. Passed April 9, 1829. Sess. Laws, p. 215. Lot granted to three religious societies, 
 to wit, the Episcopal, the Methodist and the Presbyterian. 
 
 An act relative to the gospel and school lots in the county of St. Lawrence. Passed 
 March 4, 1S30. Sess. Laws, p. 70. Authorizes the inhabitants by a vote to direct the rents 
 and profits of such lots to the support of the gospel or schools, or either, as they in town 
 meeting shall determine. 
 
 An act to authorize the trustees of Romulus to receive certain moneys of David Dey. 
 Passed April 7, 1830. Sess. Laws, p. 140. Authorizes the receipt of $300 a year, until the 
 amount due for a part of the gospel and school lot is paid. 
 
 An act to authorize the sale of the school lot in the village of Oswego. Passed April 9, 
 1830. Sess. Laws, p. 154. 
 
 An act relative to the school fund of the town of DeKalb, in St. Lawrence county. 
 Passed April 13, 18.35. Sess. Laws, p. 74. Puts the school fund into the hands of the 
 trustees of gospel and school lots. 
 
 An act to amend an act entitled " An act to divide the town of Serapronius, in the county 
 of Cayuga," so much as relates to the division of the school moneys. Passed May 6, 18:j5. 
 Sess. Laws. p. 278. Divides the gospel and school lot fund between Sempronius, Nile3 
 and Moravia, according to the number of children between the ages of five and sizleeu 
 years. 
 
 An act authorizing the trustees of school district No. 12, in the town of Oswego and 
 county of Ohwego, to sell a part of their school lot. Passed A|iril 8, 1830. Sess. Laws, p. 
 144. Authorizes the sale 'Si'^i by 06 feet from tlie oast part of tlie lot. 
 
 An act for the safe keeping and to provide a time for the distribution of the gospel and 
 school fund moneys in the several towns in the county of Onoudaga. Passed Jlay 14, 18-15. 
 Sess. Laws, p. 311. 
 
 An act in relation to certain school moneys and property of the fourteenth and fifteenth 
 townships la the county of Chenango. Passed April 17, 1802. Sess. Laws, p. 405. 
 
 An act in relation to the union free school in the village of Hamilton, in the county of 
 Madison. Passed March 23, 1857. Sess. Laws, vol. 1, p. 357. 
 
 An act in relation to the union free school in tlie village of Ilamilton in the county of 
 Sladison. Passed April 13, 1S05. Seas. Laws, p. 739.
 
 Relating to Schools. 471 
 
 An act in relation to the union free schools in the village of Hamilton, in the county of 
 Madison. Passed April 15, 18G1. Set^s. Laws, p. 591. 
 
 An act in relation to the Hancock union school. Passed May 5, 1SG3. Sess. Laws. p. 790. 
 
 An act to authorize the trustees of school district No. 14, in the town of Hempstead, 
 Queens county, to raise money to pay certain recoveries against said trustees. Passed 
 April 15, 1857. Sess. Laws, vol. 2, p. 24. 
 
 An act to establish a free school in district No. 1, in the town of Hempstead. Passed 
 April 10, 18G3. Sess. Laws, p. 174. 
 
 An act to consolidate scliool districts No. 1 and No. 8. in the town of Herkimer, and 
 authorize them to borrow money. Passed April 10, 1850. Sees. Laws, p. G.'38. 
 
 An act to authorize the several school districts in the county of Herkimer to purchase 
 0'Conor"8 map of the county of Herkimer. Passed March 21, 185G. Sess. Laws, p. 46. 
 
 An act authorizing the superiutepdent of common schools in tlie town of Homer to sell 
 certain school lauds, and also to cbuflrm the title of others in the towns of C'ortlandville 
 and Homer. Passed April 2, 1854. Sess. Laws, p. Hit. 
 
 An act to provide for a free school in the town of Hoosick. Passed April 15, 1804. Sess. 
 Laws, p. 3S4. 
 
 An act for the incorporation and support of the Hudson Lancaster society. Passed April 
 15, 1817. Sess. Laws, p. 322. Section 7 requires the money received by the city of Hudson 
 from the school fund to be paid to the trustees of the Lancaster society, and repeals the 
 second section of an act autnorizintr the application of the common school moneys in the 
 village of Athens and in the city of Hudson to the education of the poor children. 
 
 An act relative to certain schools in the city of Hudson. Passed April 11, 1820. Sess. 
 Laws, p. 1.5!). Kcquires the money apportioned to the city from the common school fund to 
 be paid over to the trustees of the Hudson Lancaster society. 
 
 An act relative to certain school districts in the city of Hudson. Passed April 27, 1826. 
 Sess. Laws, p. 92. Provides for a division of the school moneys between the Lancaster 
 school society and the district schools. Repeals, also, act of April 11, 1820, relative to cer- 
 tain schools in the city of Hudson. 
 
 An act to authorize the raising of money for the support of the Lancaster school of the 
 city of Hudson. Passed May 11, 1835. Sess. Laws, p. 311. Authorizes a tax of $400 to be 
 annually levied and expended in the support of said school. 
 
 An act relating to the Hudson Lancaster school. Passed March 9, 1339. Sess. Laws, 
 p. 55. 
 
 An act in relation to common schools in the city of Hudson. Passed May 20, 1S41. Sess. 
 Laws, p. 332. 
 
 An act to amend an act entitled " An act in relation to common schools in the city of 
 Hudson," passed May 26, 1841. Passed January 31, 1843. Sess. Laws, p. 10. 
 
 An act providing for the appointment and compensation of a librarian for the joint school 
 district library of the city of Hudson. Passed April 8, 1844. Sess. Laws, p. 122. 
 
 An act to consolidate common school districts Nos. 8, 4 and 5, in the village of Hunting- 
 ton, Suffolk county. Passed April 13, 1857. Sess. Laws, vol. 1, p. 794. 
 
 An act to authorize the trustees of school district No. 21, of the town of Huntington, to 
 borrow money. Passed April 12, 1800. Sess. Laws, p. 520. 
 
 An act authorizing the trustees of school district No. 21, of the town of Huntington, in 
 the county of Sufl'olk, to raise money by tax. Passed April 3, 1861. Sess. Laws, p. 217. 
 
 An act for the relief of Richard Ten Eyck and Peter P. Wynkoop. Passed April 21, 1825. 
 Sess. Laws, p. 411. District No. 4, Hurley, to pay them $50. 
 
 An act for the establishment of schools in New Stockbrid.^e for the instruction of Indian 
 children. Passed February 28, 1804. Sess. Laws (K. & R.'s Rev), vol. 3, p. 47G. Authorizes 
 a lease of 1,000 acres of land to John Gregg and others, for 30 bushels of wheat yearly for 
 each 100 acres, the rents to be used for paying the wages of school-masters for the instruc- 
 tion of Indian children. 
 
 An act for the relief of the Shinnocock tribe of Indians. Passed April 19.18.31. Sess. 
 Laws, p. 200. Appropriates .'jiSO aununlly for throe years for a school, in addition to the sum 
 to which the couuty of Suffolk was entiili?d by law. 
 
 An act in relation to certain tribes of Indians. Pa»scd May 25, 1811. Sess. Laws, p. 213. 
 Section 10 establishes school districts for the Onondaga Indians in whatever towns they 
 may reside, and provides for schools. 
 
 An act to provide for the education of the children of the Onondaga Indians in the county 
 of Ononda2;a, and the children of the other Indians residing in this State. Passed April 
 30, 184G. Sess. Laws, p. 127. Thi:< is an appropriation law. 
 
 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, 1817. Sess. Laws, p. 201.
 
 472 A List of Acts 
 
 An act to revive an act entitled " An act for the relief of the Shinnecock tribe of Indians." 
 passed April 19, 1831. Pas.sed February 17, 184S. Sess. Laws, p. 54. 
 
 An act to provide for the support and education of a limited number of Indian youth of the 
 State of New York, at the State normal school. Passed March 23, 1850. Sess. Laws, p. 
 140. 
 
 An act to provide for the education of the children of the Tuscarora Indians, in the 
 county of Niagara. Passed June 20, 1851. Sess. Laws, p. 461. 
 
 An act for the relief of the Shinnecock tribe of Indians. Passed March 1, 1851. Sess. 
 Laws, p. 25. Appropriates $200 to be expended for the wages of a school teacher, for the 
 years 18.51 and 1852. 
 
 An act to provide for the education of the children of the Indians of the Onondaga reser- 
 vation, in the county of Onondaga, in this State. Passed April 16, 1852. Sess. Laws, p. 
 CIO. 
 
 An act to provide for the education of the children of the St. Regis Indians in the county 
 of Franklin. Passed April 13, 1853. Sess. Laws, p. 4:27. 
 
 An act to establish the Seneca Indian high school on Cattaraugus reservation. Passed 
 July 21, 185.3. Sess. Laws, p. 1133. 
 
 An act to provide for the establishment of schools upon the Tonawanda reservation, in 
 this State, for the Instruction of Indian children. Passed June 21, 1853. Sess. Laws, p. 
 &i3. 
 
 An act to provide for the education of the Tuscarora Indians in the county of Niagara. 
 Passed April 15, 1854. Sess. Laws, p. 663. 
 
 An act relating to schools on the Tonawanda reservation. Passed April 15, 1854. Sese. 
 Laws, p. 651. 
 
 An act to facilitate education and civilization among the Indians residing within this 
 State. Passed April 1, 1856. Sess. Laws, p; 99. 
 
 An act to establish free schools in the village of Ithaca. Passed March 19, 1861. Sess. 
 Laws, p. 87. 
 
 An act in relation to common schools in district No. 12, in the town of Islip, Suffolk 
 county. Passed April 17, 1865. Sess. Laws, p. 820. 
 
 An act to provide for the education of the children of the Indians of the Tonawanda 
 Indian reservation in the county of Geneeee. Passed July 21, 1853. Sess. Laws, p. 1118. 
 
 J. 
 
 An act to incorporate the village of Jamaica, in the county of Queens, into a separate 
 school district, and to establish free schools therein. Passed July 18, 1853. Sess. Laws, 
 p. 997. 
 
 An act to amend an act entitled " An act to incorporate the village of Jamaica in the 
 countv of Queens, into a separate school district, and to establish free schools therein," 
 passed July 18, 1853. Passed May 9, 1867. Sess. Laws, vol. 2, p. 2179. 
 
 An act relative to the trustees of common schools in the town of Jericho. Passed March 
 15, 1811. Sess. Laws (Webster & Skinner's ed.), p. 131. The inhabitants were authorized 
 to elect trustees of common schools for the town; who shall take cliarge of the literature 
 lot in tlie town, sell it, invest the proceeds, and use the income for the support and benefit 
 of common schools. 
 
 An act to vest certain land belonging to the people of this State In the trustees of school 
 district No. 23, in Johnstown. Passed April 16, 1827. Sess. Laws, p. ?A0. Grants an acre 
 of land called the jail lot, on condition that a school-house shall be built thereon within 
 two years. 
 
 An act to consolidate the Jordan academy, and free school district No. 4, in the town of 
 Elbridge, in the county of Onondaga. Passed February 26, 1867. Sess. Laws, vol. 1, p. 78. 
 
 K. 
 
 An act concerning school districts Nos. 2 and 5, in the town of Kindcrhook. Passed 
 April 27, 1829. Sess. Laws. p. 418. Amended by act of May 1. 1829. p. 516, so as to apply to 
 districts Noa. 2 and 9. Authorizes the establishment of evening schools for children in the 
 factories. 
 
 An act to consolidate school districts Noa. 5, 8, 11 and 15, of the town of Kingston, Ulster 
 county, into one school district. Passed April 29, 1863. Sess. Laws, p. 594. 
 
 An act entitled an act to amend "An act to consolidate school districts Nos. 5, 8,11 
 and 15 of the town of Kingston, Ulster county, into one school district," passed April 29, 
 1863. Passed March 12, 1864. Sess. Laws, p. 65. 
 
 L. 
 
 An act for the relief of school district No. 0, in the town of Lancaster, in the county of 
 Erie. Passed April 12, 1855. Sess. Laws, p. 606.
 
 Relating to Schools. 473 
 
 An act for the relief of the trustees of pchool district No. 13, in the town of Lansing, In 
 the county of Tonipkius. Passed April 10, 1S26. Sess. Laws, p. 106. Commistioners of 
 land office directed to convey a lot of land to the district. 
 
 An act to incorporate a monitorial school society in the village of Lansinghurgh. Passed 
 April 14, 1S27. Sess. Laws, p. 297. Incorporates "district No. 1 us a monitorial school soci- 
 ety, and authorizes the inhabitants of the village to elect trustees annually. 
 
 An act for the relief of the Lansingburgh monitorial school. Passed April 5, 182S. Sess. 
 Laws, p. 172. Requires the money received from liceuses granted to vendors of lottery 
 tickets to be paid to the trustees of the said school. 
 
 An act to create a school district from part of the village of Lansingburgh and part of the 
 city of Troy. Passed February 20, 1838. Sess. Laws, p. 22. 
 
 An act to repeal the act incorporating the "Lansingburgh monitorial school society," 
 passed April H. 1827. Passed May 20, f841. Sess. Laws, p! 305. 
 
 An act to provide for a free school in district No. 1, in the town of Lansingburgh. Passed 
 October 20, 1S17. Sess. Laws, p. 442. 
 
 An act to amend an act in relation to free schools in the city of Troy, and school district 
 No. 10, in the town of Lansingburgh, passed April 10, 1S50. Passed July 1, 1S51. Sess. 
 Laws, p. 712. 
 
 An act to amend an act in relation to free schools in the city of Troy, and school district 
 No. 10. in the town of Lansingburgh, passed July 1, 1851 ; also to amend the act providiii§' 
 for the establishment of free schools in the city of Troy, passed April 4, 1S49. Passed 
 March 28, 1854. Sess. Laws, p. 158. 
 
 An act to provide for a free school in district No. 5, in the town of Lansingburgh, in the 
 county of Rensselaer. Passed April 10, 1857. Sess. Laws, vol. 1, p. G97. 
 
 An act to authorize the town superintendents of common schools of the towns of Lee, 
 Ava and Annsville, in the county of Oueida, to appraise and make distribution of certain 
 Bchool district property in said county. Passed April 12, 1863. Sess. Laws, p. 409. 
 
 An act for the relief of union free school district No. 9, in the town of Lenos. Passed 
 March .30, 1S61. Sess. Laws, p. 184. 
 
 An act to authorize the town of Le Roy, in the county of Genesee, to raise $10,000 foi the 
 benefit of the Le Roy academic institute. Passed Alarch 4, 1867. Sess. Laws, vol. 1, p. 84. 
 
 An act to confirm the official acts of Jeremiah Howe, Charles Wright and Isaac Hays, 
 tnistees of the Lewis school fund, in the town of Lewisboro', in the county of Westchester. 
 Passed March 2«, 1813. Sess. Laws, p. 42. 
 
 An act iu relation to the Lewisboro' school fund. Passed April 12, 1842. Sess. Laws, 
 p. 406. 
 
 An act authorizing the trustees of school district No. 10, in the town of Little Falls, to 
 borrow money to build a school-house. Passed April 1, 1846. Sess. Laws, p. 51. 
 
 An act authorizing the trustees of school district No. 1, iu the town of Little Falls, to 
 borrow money to build a school-house. Passed May 12, 1847. Sess. Laws, p. 291. 
 
 ,A.n act to establish a free school in school district No. 1, in the towns of Little Falls and 
 Manheim, Herkimer county. Passed March 22, 1866. Sess. Laws, p. 375. 
 
 An act for the relief of the trustees of school district No. 7, in the town of Lima, in the 
 county of Ontario. Passed April 2. 1S19. Sess. Laws, p. 00. Authorizes the sale (jf one- 
 sixteenth of an acre of land to the trustees of school district No. 7, by the administratrix of 
 Joi^eph M. Gilbert, deceased, to belong to the district so long as occupied for a school-house. 
 
 An act to authorize joint school district No. 2. composed of parts of the counties of 
 Livingston, Monroe and Ontario, to -raise a tax. Passed December 10, 1847. Sess. Laws, 
 p. 566. 
 
 An act to authorize the trustees of school district No. 10, in the town of Livonia, in the 
 county of Livingston, to collect a tax. Passed July 2, 1851. Sess. Laws, p. 732. 
 
 An act to incorporate the Hannibal and Volney Bridge company, and for other purposes. 
 Passed April 15, 1817. Sess. Laws, p. 288. Section 16 directed the money received into the 
 treasury lor the support of a common school iu the village of Lewiston, by the act to alter 
 the plan of the village of Lewiston, passed March 30, 1810, to be loaned as the school fund 
 moneys are loaned. 
 
 An act concerning common schools in the village of Lewiston. Passed April 10, 1818. 
 Sess. Laws, p. 101. The moneys coming into the treasury under the act to alter the plan of 
 the village of Lewiston, passed March 30, 1810, and under section 16 of the act to incorporate 
 the Hannibal and Volney Bridge company, passed April 15, 1817, required to be paid to the 
 trustees of common schools ol the village of Lewiston. 
 
 An act to authorize the Survevor-General to convey to David M. Smith a lot of land in the 
 village of Lewiston, and for other purposes. Passed February 9, 1821. Authorizes the sale 
 to him of school lot No. 266, and directs the trustees of the common school in tlie village of 
 Lewiston to take possession of all tire unscdd lots of land in said village, which, by the act 
 of March 10, l»10, are pledged to the support of schools. 
 
 An act relating to the L(!wi8ton school fund. Passed April 15, 1826. Sees. Laws, p. 2.39. 
 Creates commisbiouers of the fund, and directs all moneys belonging to it to be transferred 
 
 60
 
 474 A List of Acts 
 
 to them by the Comptroller. Repeals the sixteenth section of an act to incorporate the 
 Hamilton and V'olney hridge company, passed April 15, 1817, and an act concerning commoa 
 schools in the village of Lewiston, passed April 10, 181S. 
 
 An act to authorize the building of a school-house, in the village of Lewiston. Passed 
 April 11, 18.34. Sess. Laws, p. 123. Authorized a tax to purchase an additional site and the 
 building of a school-house thereon. 
 
 An act in relation to common schools, in the village of Lockport. Passed March 31, 1847. 
 Sess. Laws, p. 50. 
 
 An act to amend an act entitled " An act in relation to common schools in the village of 
 Lockport," passed March .31, 1847. Passed March 18, 1850. Scss. Laws, p. 112. 
 
 An act to amend an act entitled "An act in relation to common schools in the village 
 of Lockport," passed March 31, 1847. Passed April 2, 1858. Sess. Laws, p. 189. 
 
 An act in addition to and in amendment of an act in relation to common schools in th« 
 village of Lockport. Passed March 31, 1847. Passed' May 2, 1803. Sess. Laws, p. 037. 
 
 An act to amend chapter 51 of the Laws of 1847, entitled " An act in relation to common 
 schools in the village of Lockport," and to amend chapter 77 of the Laws of 1850, entitled 
 " An act to amend an act in relation to common schools in the village of Lockport." Passed 
 April 4, 18(56. Sess. Laws, p. 840. 
 
 An act in relation to the common schools in the city of Lockport. Passed May 9, 1S67. 
 Sess. Laws, vol. 2, p. 2070. 
 
 An act concerning the Lodi union school district and district No. 1, in the village of 
 Owego. Passed May 12, 184fJ. Sess. Laws, p. 254. 
 
 An act to authorize the trustees of school district No. 2, in the town of Luzerne, Warren 
 county. New York, to borrow money to erect a school-house. Passed April 8, 1859. Sess. 
 Laws, p. 445. 
 
 An act in relation to school district No. 6, in the to^vn of Lyons. Passed March 27, 1844. 
 Sess. Laws, p. 63. 
 
 An act authorizing school district No. 6. in the town of Lyons, to raise money by tax. 
 Passed October 20, 1&47. Sess. Laws, p. 439. 
 
 An act authorizing school district No. 6, in the town of Lyons, to collect a tax, voted by 
 them, in installments. Passed February 15, 1850. Sess. Laws, p. 19. 
 
 An act in relation to school district No. 6, in the town of Lyons, county of Wayne. Passed 
 April 19, 1855. Sess. Laws, p. 1048. 
 
 An act to provide for the determination, settlement and payment of the claim of II. G. 
 Hotchkiss against school district No. 6, Lyons. Passed February 7, 1856. Sess. Laws, p. 14. 
 
 An act in relation to school district No. C, in the town of Lyons, AVayne county. Passed 
 April 7, 1850. Sess. Laws, p. 192. 
 
 An act to amend an act entitled " An act in relation to school district No. 6, in the town 
 of Lyons, Wayne county," passed April 7, 1856. Passed April 12, 1800. Sess. Laws, p. 499. 
 
 An act in relation to the Lyons union school, in the town of Lyons, Wayne county. 
 Passed April 29, 1803. Sess. Laws, p. 4(;9. 
 
 An act for the relief of Jeremiah Dunham. Passed May 7, 18.39. Sess. Laws. p. 330. 
 Authorizes a tax of .$370.25 on district No. 25, Lysander, to pay a judgment against Dunham 
 on a contract I'or building a school-house. 
 
 An act to authorize and require the trustees of school district No. 26, in the town of 
 Lysander, Onondaga county, to raise money by tax. Passed April 6, 1860. Sess. Laws, 
 p. a32. 
 
 An act to erect a union school district in the towns of Lysander and Van Buren, in the 
 county of Onondaga, and to create a board of education therein, with power of taxation 
 and other powers for school purposes. Passed March 30, 1804. Sess. Laws, p. 138. 
 
 M. 
 
 An act to consolidate school districts Nos. 1, 14, 15 and 23, in the town of Malone in the 
 county of Franklin. Passed April 19, 1858. Sess. Laws, p. 033. 
 
 An act authorizing the village school district of the town of Malone, in the county of 
 Franklin, to make a loan from the common school fund. Passed April 1, 1867. Sess. Laws, 
 vol. 1. p. 494. 
 
 An net to establish a board of education in and for the village school district of the town 
 of Malone, in the county of Franklin, and for other purposes. Passed January 24, 1807. 
 8cs8. Laws, p. .32. 
 
 An act to establi>h a board of education in and for the village school district of the town 
 of Malone in the county of Franklin, and for other purposes. Passed January 24, 1807. 
 Sess. Laws, vol. 1, p. 32. 
 
 An art to amend and consolidate the several acts relating to public schools In the town 
 of Morrisauia, in the county of Westchester. Passed April 12, 1807. Sess. Laws, vol. 1, 
 p. 78S.
 
 Relating to Schools. 475 
 
 An act to arnend an act entitled " An act for the collection of taxes in the towns of 
 Morrisania and West Farms, in the conntj' of Westchester," passed April 21, 18G2. Passed 
 May 9, IsGT. Sess. Laws, vol. '-', p. 20S9. 
 
 An act in relation to the Morrisville union school. Passed May 9, 1867. Sess. Laws, 
 vol. 2, p. 20C3. 
 
 An act to provide for the cstahlishment of free schools in the village of Middlei^-a-c. 
 Passed April 19, 18CT. Sess. Laws, vol. 1, p. 1024. 
 
 An act to authorize the applicatidn of the interest of the poor fnnd of the lown of Mac- 
 donouirh to tlic suppi>rt of common schools. Passed April 14, 1S31. Sess. Laws, p. 170. 
 Appropriates the interest of .$000 to the support of schools. 
 
 An act for the relief of the trustees of joint school district No. 7. in the towns of Malta, 
 Milton and Saratoga Springs. Passed April 8, 1844. Sess. Laws. p. 125. 
 
 ,\n act in relation to common schools in the village of Medina. Passed April 9, 1849. 
 Sess. Laws, p. 411. 
 
 An act to amend " An act relating to common schools in the village of Medina," passed 
 April 9, 1819. Passed April 10, 1S50. Sess. Laws, p. 086. 
 
 An act to confirm certain acts of school district No. 12, in the village of Medina, rela- 
 tive to raising money to complete the school-house. Passed March 29, 1851. Sess. Laws, 
 p. S3. 
 
 An act to consolidate the school districts Nos. Gand 15, in the town of Mentz, in the county 
 of Cayuira, into one school district, and to provide for the organization of a school and 
 academy therein, and to enable the said district to loan money to erect the necessary build- 
 ings therefor. Passed April 7, 1857. Sess. Laws, vol. 1, p. 027. 
 
 An act to amend an act entitled " An act to consolidate districts Nos. 6 and 15, in the 
 town of Meutz, in the county of Cayuga, into one school district, and to provide for the 
 organization of a school and academy therein, and to enable the said district to loan money 
 to erect the necessary buildings therefor," passed April 7, 1857. Passed March 22, IbGO. 
 Sess. Laws, p. 109. 
 
 An act to levy a tax upon school district No. 14, in the towns of Mil.in and Pine riains, 
 to reimburse certain moneys to John Germond, David I. Hicks and Nathan Smith. Passed 
 January 31, 1849. Sess. Laws, p. 21. 
 
 An act in relation to school district No. 12, in the towns of !^[ilton and Ballston, in the 
 county of Saratoga. Passed April 11, 18-18. Sess. Laws, p. 337. 
 
 An act for the relief of the ^Montgomery academy. Passed March 24, 1815. Sess. Laws, 
 p. 93. .Makes the trustees of the academy trustees" of the common scliool district No. 7. in 
 the town of .Montgomery. . The common school was to be kept in a room in their building, 
 by a teacher hired by them, and the public school moneys were to be paid to tliem. The 
 district was made permanent, and was not to be divided without the consent of the Legisla- 
 ture. The act was revised in the Revised Statutes of 1827, and does not appear to have 
 been repealed. 
 
 An act to authorize the superintendent of common schools, of the tovra of Moravia, to sell 
 lot No. 52, in said town. Passed April 23, 1847. Sess. Laws, p. 121. 
 
 An act authorizing the board of education of school district No. 1, late of the town of 
 West Farms, now of the towns of Morrisania and West Farms, to borrow money to build a 
 school-house in said district. Passed April 15, 1861. Sess. Laws, p. 590. 
 
 An act in relation to schools and school districts in the towns of Morrisania and West 
 Farms, in the county of Westcliester. Passed April 28, 186^1. Sess. Laws, p. 978. 
 
 An act to consolidate school districts Nos. 1, 3 and 15, and part of district No. 2, of the 
 town of Mount Morris, county of Livingston, and State cff New York, into one school dia 
 trict. Passed April 20, IbOO. Sess. Laws, vol. 2, p. 154T. 
 
 An act for the relief of David Austin and George V. Hazard, late tnistees of school district 
 No. 4, in the town of ]\tilo. in the county of Yates. Passed April 18, 1826. Sess. Laws, p. 
 3-iO. Orders the collection of a tax of $75, to pay services. 
 
 N. 
 
 An act for the relief of school district No. 7, in the town of Newark, and county of Tioga. 
 Passed May 12, 18.36. Sess. Laws, p. 457. Authorized to purchase the lower room of a build- 
 ing and occui)y it as a school-house. 
 
 An act for the relief of Samuel White, Amold Field and Tracy S. Knapp, trustees of school 
 district No. 1C>, in New lierlin. Passed May 26, 1841. Sess. Laws, p. 316. 
 
 An act for the relief of Samuel White. Tracy S. Knapp and Arnold Field, late trustees of 
 school district No. 16, in the town of New Berlin. Passed April 12, 1842. Sess. Laws, p. 283. 
 
 An act in relation to school district No. 13, in the town of Newburgh, and county of 
 Orange. Passed April S?, 1835. Authorizes the trustees to keep and maintain a school for 
 black children, separate and apart from their high school. 
 
 An act in relation to the Newburgh high school. Passed April 21, 1845. Sess. Laws, p. 73. 
 
 An act to divide district No. 13, in the town of Newburgh. Passed April 6, 1848. Sesa- 
 Laws, p. 300. A
 
 476 A List of Acts 
 
 An act to provide for the establishment of free schools in the village of NewlDnrgh. Passed 
 April 6, 1S52. Sess. Laws, p. 202. 
 
 An act to amend an act entitled " An act to provide for the establishment of free schools 
 in the village of Newburgh," passed April 6, 1852. Passed March 7, ISfio. Sess. Laws, p. 125. 
 
 An act to authorize the board of education of union free school district No. 2, of the town 
 of New Lots, to raise money lor the purchase of a site, and the erection of a new school- 
 house thereon. Passed April 3, 1SU6. Sess. Laws, p. 8U5 
 
 An act to provide for a free school in district No. 4, in the town of Newtown, in the county 
 of Queens. Passed March 2T, 1848. Sess. Laws, p. 21G. 
 
 An act to provide for a free school in district No. 5. in the town of Newtown, in the county 
 of Queens. Passed March 27, 1848. Sess. Laws, p. 214. 
 
 An act to establish a free school in district No. 3, in the town of Newtown. Passed March 
 16, 1850. Sess. Laws, p. (59. 
 
 An act to amend an act entitled " An act to establish a free school in district No. 3, in the 
 town of Newtown," passed March 16, 1850. Passed July 8, 1851. Sess. Laws, p. 777. 
 
 An act to amend an act to establish a free school in district No. 3, in the town of 
 Newtown, county of Queens. Passed March 16, 1850. Passed May 5, 1803. Sess. Laws, 
 p. 760. 
 
 An act to amend an act entitled " An act to establish a free school in district No. 3, in 
 the town of Newtown, county of Queens," passed May 5', 1863. Passed April 25, 186T. 
 Sess. Laws, vol. 2, p. 2012. 
 
 An act to estixblish free schools in school district No. 1, in the town of New Rochelle, 
 Westchester county. Passed March 20, 1857. Sess. Laws, vol. 1, p. 261. 
 
 An act confirming the sale of certain school district property in district No. 5, in the 
 towns of New Scotland and Berne, in the county of Albany. Pas"sed March M, 1857. Sess. 
 Laws, vol. 1, p. 257. 
 
 An act to legalize the acts of the board of education of school district No. 7, in the town 
 and county of Niagara, and to define the limits of said district. Passed April 3, 1860. Sess. 
 Laws, p. 231. 
 
 An act appropriating the excise fees and fines collected in the town of New Utrecht to 
 the use of common schools in that town. Passed May 16, 1867. Sess. Laws, vol. 2, p. 2310. 
 
 An act to authorize the trustee of school district No. 16, in the town of Newstead, Erie 
 county, to borrow money. Passed February 8, 1867. Sess. Laws, vol. 1, p. 61. 
 
 An act confirming the sale of certain school district property in district No. 5. in the towns 
 of New Scotland and Berne, in the county of Albany. Passed March 19, 1857. Sess. Laws, 
 vol. 1, p. 256. 
 
 An act for the establishment of a normal school. Passed May 7, 1844. Sess. Laws, p. 4C4. 
 
 An act in relation to the normal school. Passed May 7, 1845. Sess. Laws, p. 139. An 
 appropriation bill. 
 
 An act for the permanent establishment of the normal school. Passed April 12, 1843. 
 Sess. Laws, p. 446. 
 
 An act to provide for the completion of the normal school building. Passed February 24i 
 1849. Sess. Laws, p. 87. 
 
 An act for the support of a training school for primary teachers. Passed May 4, 1863. 
 (Oswego.) Sess. Laws, p. 713. 
 
 An act to amend "An act for the support of a training school for primary teachers," 
 passed May 4, 1863. Passed Aprfl 14, 1865. Sess. Laws, p. 804 (Oswego). 
 
 An act; in regard to normal schools. Passed April 7, 1866. Sess. Laws, vol. 1, p. 1015. 
 
 An act in relation to the establishment of a normal and training school in the village of 
 Fredonia, Chautauqua county. Passed March 30, 1867. Sess. Laws, vol. 1, p. 334. 
 
 An art in relation to raising moneys in the town of Cortlandville, in the county of Cort- 
 land, for the purpose of aiding in the erection and furnishing of a normal school building 
 In said town. Paseod March 30, 1867. Sess. Laws, vol. 1, p. 306. 
 
 An act in relation to the establishment of a normal and training school in the village of 
 Geneseo, to be called " The Wadsworth normal and training school." Passed March 29, 
 1867. Sess. Laws, vol. 1, p. 295. 
 
 An act in regard to the normal and training school of the city of Oswego. Passed March 
 27, 1807. Sess. Laws, vol. 1, p. 2.56. 
 
 An act to amend the act entitled " An act in regard to normal schools." Passed April 7. 
 186fv and providing for a normal and training school in the city of Bufi'alo. Passed April 
 23, 1867. Sess. Laws, vol. 2, p. 1568. 
 
 An act in relation to the normal school located at Potsdam, in the county of St. Lawrence, 
 
 Jnrsuant to chapter 466, Laws of 1866, and to levy taxes for the purposes thereof. Passed 
 anuary 23, 1867. Sess. Laws, vol. 1, p. 24. 
 
 An act in relation to the establishment of a normal and training school in the village of 
 Brockport. ^Passed February 2, 1867. Sess. Laws, vol. 1, p. 54.
 
 Relating to Schools. All 
 
 An act to amend an act entitled " An act in relation to the establighment of a normal 
 school ill the village of Brockport," passed February 2, 1807. Passed March 19, 1807. Sess. 
 Laws, vol. 1, p. 139. 
 
 An act to provide for raisinof money to aid in the establishment of a normal school at 
 Brockport. Passed April 23, 1867. Sess. Laws, vol. 2, p. 1535. 
 
 NEW YORK. 
 
 An act to direct certain moneys to be applied to the use of free schools in the city of Now 
 York. Passed April 8, 1801. Sess. Laws (Webster & Skinner's cd.), vol. 2, p. 253. Directs 
 the school moneys apportioned to New York to be paid "To the vestry of the ITpiscopal 
 church, the vestry of Christ church, the trustees of the First Presbyterian church, tlie 
 minister, elders and deacons of the Reformed Dutch church, the trustees of the Methodist 
 Episcopal church, the trustees of the Scotch Presbyterian cluircli beloujrinpf to the associ- 
 ated reformed synod, and to the trustees of the Afi-ican school, and to the trustees of the 
 I'nited (icrnian Lutheran, the trustees of the German Iteformed churches, to the trustees of 
 the First Baptist church in the. city of New York, and to the trustees of the United Brethren 
 or Jloravian church, each, one-eleventh part of all the money in the hands of the common 
 council." 
 
 An act to incorporate the society instituted in the city of New York for the establish- 
 ment of a free school for the education of poor children, "who do not belonjj to and are not 
 provided for by any religious society. Passed April 9, 1805. Sess. Laws (Webster & Skin- 
 ner's ed.), vol. 4, p. 265. Common school education from date of this law until 1842 was sub- 
 stantially in charge of this society, whose principal founder and promoter was De Witt 
 Clinton. 
 
 An act to incorporate the trustees of the First Protestant Episcopal charity school in 
 the city of New "i''ork. Passed March 14, 1800. Sess. Laws (Webster & Skinner's ed.), 
 vol. 4, p. 378. This act incorporated a school to be kept instead of the free school main- 
 tained for many years previous, under the care and management of the corporation of 
 Trinity Church. 
 
 An act for the further encouragement of free schools in the city of New York. Passed 
 March ,30, IsU. Sess. Laws (Webster & Skinner's ed.1, p. 172. Gives to the free school 
 society §4,00(1 of the moneys arising from tlie excise duties, then in the city treasury, and 
 $1,000 a year thereafter. 
 
 An act supplementary to the act entitled "An act for the establishment of common schools." 
 Passed March 12, 181.3, Sess. Laws, p. 38. The general school act of 1812 did not apply 
 to Xew York city. By this act the city was permitted to share in the distribution of the 
 revenue of the school fund. Tlie city was required to raise a sum equal to its share of such 
 school money. The common council appointed school commissioners to receive and appor- 
 tion it. It was to be paid "to the trustees of the free school society in said city of New 
 York, and the trustees or treasurer of the orphan's asylum society, the society of the 
 ec<momical school in the city of New York, the African free school, and of such incorpo- 
 rated religious societies in "said city as now support or shall hereafter establish charity 
 schools within the said city, who may apply for the same." The distribution was to be in 
 proportion to the average number of "children taught between the ages of four and fifteen 
 years ; but was to be paid to no society whose school had not been kept for nine months in 
 the previous year. The children were to be taught free of expense. The trustees of the 
 several schools were to make to the school commissioners reports similar to those of the 
 trustees of common schools, and the school commissioners to the superintendent of com- 
 mon schools. The public money was to be applied to the payment of teachers' wages. 
 The trustees of the several societies were declared inspectors of the schools of their respect- 
 ive societies. 
 
 An act respecting the free school society of New York. Passed April 5, 1817. Sess. 
 Laws, p. 1.50. Granted $2,000 out of the excise fund. 
 
 An act to incorporate the Ilamilton fi-ee school (Now York), and for other purposes. 
 Passed Apn\ 17, 1818. Sess. Laws, p. lO-'i. The fourth section gives the trustees of this 
 school a share in the distribution of the common cchool moneys. 
 
 An act relative to the common lands of the freeholders and inhabitants of Harlem. 
 Passed March 28. 1820. Sess. Laws. p. 9I>. Directs the lands to be sold by trustees : $3,000 
 to be paid to the Harlem library; $.3..500 to the Hamilton school; $4.(K'0 to the Harlem 
 school ; $4,500 to Manliattanville school : and until such schools are established the funds 
 are to remain in trust in the hands of the trustees, and placed on good interest. 
 
 An act relative to the Roman Catholic benevolent society in the city of New York. 
 Passed April 1, 1820. Sess. Laws. p. 117. Requires the commissioners of common school 
 fund in the city to allow and pay to the trustees of the society their proportion of the com- 
 mon school money. 
 
 An act to amend an act entitled "An act relative to the general society of mechanics and 
 tradesmen of the city of New York," passed April 3, 1811. Passed January 20, 1821. Sess. 
 Laws, p. 10. Permits the school of said society to share in the distribution of the school 
 moneys. 
 
 An act relating to common schools in the city of New York. Passed November 19, 1824. 
 Sess. Laws. \). 337. Provides for the apportionnient of school moneys to the city, and for the 
 election of ten commissioners to distribute it; prescribes their duiies as to making reports 
 and visiting the schools, auo repeals all former laws relating to the schools of the city.
 
 478 A List of Acts 
 
 An act in relation to the free school society of New York. Passed Jannary 2S, 1826. Sess. 
 Laws, p. I'J. Name altered to " public school society of New York." The society was 
 also required to provide for the education of all children without regard to the sect or 
 denomination to which their parents miirht belong. The trustees were, by section 3, per- 
 mitted to charge a "moderate compensation adapted to the abilities of the parents of the 
 children." 
 
 An act to amend the act relating to common Bchools in the city of New York, passed 
 November 19, 1834. Passed April 8, 1826. Sess. Laws, p. 93. Increases the number of 
 school commissioners to twelve. 
 
 An act to provide for the building an asylum for the deaf and dumb in the city of New 
 York. Passed March 23, 1827. Sess. Laws, p. 70. Section 1 appropriated $10,000 for pur- 
 chase of land and erection of buildings, provided the institution should raise an equal sum. 
 The Secretary of State was to approve the site. By section 2 the institution was placed 
 under the supervision of the Superintendent of Common Schools, and the directors were 
 to file their consent under their corporate seal in the office of the Secretary of State. 
 
 An act to incorporate the Manhattariville free school in the twelfth ward in the city of 
 New York. Passed March 30, 1827. Sess. Laws, p. 103. Tliis was essentially a public and 
 district school. The trustees were annually elected by the freeholders of the village of 
 Manhattanville. To receive $2,500 from trustees of Harlem fund. 
 
 An act to incorporate the trustees of the Harlem school in the twelfth ward of the city of 
 New York. Passed April 2, 1827. Sess. Laws, p. 119. A public school, the trustees to be 
 annually elected by a vote of the freeholders of the village of Harlem. To receive $4,000 
 from trustees of the Harlem fund. 
 
 An act to incorporate the trustees of the Yorkville school, in the twelfth ward of the city 
 of New York. Passed April 2, 1827. Sess Laws, p. 114. This was also essentially, a public 
 Bchool, of which the trustees were elected by the freeholders of the village of Yorkville. To 
 receive $2,000, from trustees of Harlem fund. ' 
 
 An act further to amend an act entitled " An act to incorporate the trustees of the First 
 Protestant Episcopal charity school in the city of New York." Passed April 16, 1827. Sess. 
 Laws, p. 31.5. Authorizes an increase of the number of schools and the number of trustees. 
 
 An act relative to deeds and mortgages executed or to be executed by the public school 
 pociety of New York. Passed January 20, 1829. Grants the right to sell and convey real 
 estate, and to mortgage and confirm all foriner sales and grants. 
 
 An act for the further support and extension of common schools in the city of New York. 
 Passed April 25, 1829. Sess. Laws, p. 397. Authorizes the increase of the city school tax 
 one-eightieth of one per cent. 
 
 An act for the further support and extension of common schools in the city of New York. 
 Passed April 13, 1831. Sess. Laws, p. 164. Authorizes a tax of three-eighths of one per 
 cent on the valuation of the taxable property of the city for the purposes of common schools 
 in the city. It is to be apportioned as provided in the Revised Statutes, article 7, chapter 
 15, sections 117 to 127. 
 
 An act relative to the school connected with the almshouse of the city of New York. 
 Passed April 13, IH'-ia. Sess. Laws. p. 54. Declares school entitled to its share of public 
 moneys in any apportionment by school commissioners, and places the school in charge of 
 the public school society. 
 
 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, 18^12. Sess. Laws, p. 184. 
 
 An act to amend an act entitled " An act to extend to the city and county of New York 
 the provisions of the g(Mieral.act in relation to common schools," passed April 11, 1842. 
 Passed April IS, 1843. Sess. Laws, p. 290. 
 
 An act to amend the charter of the public school society of the cityof New York. Passed 
 March 23, 1844. Sess. Laws. p. 50. 
 
 An act more effectually to provide for common school education in the city and county of 
 New York. Passed May 7, 1844. Sess. Laws, p. 490. 
 
 An act to authorize the board of education of the city of New York to establish evening 
 free schools lor the education of ajipreutices and others. Passed April 16, 1847. Sesa. 
 Laws, p. 82. 
 
 An act to amend an act entitled " An act more effectnally to provide for common school 
 education in the city of New York," passed May 7, 1844. Passed May 11, 1847. Sess. 
 Laws, p. 275. 
 
 An act to incorporate the New York society for the promotion of education among colored 
 children. Passed Ilecember 7, 1847. Sess. Laws, p. 425. 
 
 An act in relation to the public school society in the city of New York. Passed March 4, 
 1848. Seas. Laws, p. 81. 
 
 An act to amend an 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. 
 Passed March 21, 1848. Sess. Laws, p. 147. 
 
 All 1 ct to authorize the board of education of the city of New York to establish evening 
 echools for the education of apprentices and othera. Passed March 25, 1848. , Sess. Lawa, 
 p. 2f)<J.
 
 Relating to Schools. 479 
 
 An act to amend an act entitled " An act more effectually to provide for common school 
 edncation in the city and county of New York," passed May 7, 1844. Passed March 27, 
 1848. Ses8. Laws, p. 211. 
 
 An act to amend 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. Passed May 11, 1849. 
 Sess. Lawe, p. 549. 
 
 An act to amend the charter of the Manhattanville free school in the city of New York. 
 Passed March 27, 1850. Bess. Laws, p. 147. Authorized to convey their real estate and 
 improvemuulB to the city. 
 
 An act to amend, consolidate, and reduce to one act the various acts relative to common 
 schools of the city of New York. Pass^ed July 3, 1851. Sess. Laws, p. 7.34. 
 
 An act in relation to the school officers of the twentieth ward of the city of New York. 
 Passed March 2(i. 1852. Sess. Laws, p. 130. Permits them to enter upou the duties of their 
 office as soon as they take the oath of office required by law. 
 
 An act relative to common schools in the city of New York. Passed June 4, 1853. Sess. 
 Laws, p. 029. Authorizes the public school society to transfer all its property and schools to 
 the city. 
 
 A n act relative to common schools in the city of New York. Passed March 31, 1854. Sess. 
 Laws, p. 235. 
 
 An act relative to common schools in the city of New York. Passed April 15, 1854. Sess. 
 Laws, p. 588. 
 
 An act to enable the schools of the Five Points House of Industry, and the school estab- 
 lished by the Ladies' Home Missionary Society, to participate in the distribution of the 
 common school fund. Passed April 12, 1855. Sess. Laws, p. 'IGl. 
 
 An act to provide for the appointment of a commission to secure the more perfect estab' 
 lishment, government, resnlation and economy of common schools in the city of New York. 
 Passed April 17, 1857. Soss. Laws, vol. 2, p. 528. 
 
 An act to continue the commission appointed to secure the more perfect establishment, 
 eovernment, regulation, and economy of common schools in the city of New York. Passed 
 April 14, 1858. Sess. Laws, p. 318. 
 
 An act in relation to school libraries in the city of New York. Passed April 13, 1860. 
 Se?8. Laws, p. 020. 
 
 An act to repeal an act passed April 16, 1860, entitled "An act in relation to school libra- 
 ries in the city of New York." Passed April 13, ISGO. Passed April 15, 1860. Sess. Laws, 
 p. 194. 
 
 An act to enable the schools of the children's aid society to participate in the distribu- 
 tion of the common school fund. Passed April 17, 1802. Sess. Laws, p. 455. 
 
 An act rchitive to common schools in the city of New York. Passed April 15, 1863. Sess. 
 Laws, p. li)3. 
 
 An act relative to common schools in the city of New York. Passed April 25, 18G4. Sess. 
 Laws, p. 822. 
 
 An act relative to common schools in the city of New York. Passed March 3, 1805. Sess. 
 Laws, p. 94. 
 
 An act to amend an act entitled " An act to amend, consolidate and reduce to one act the 
 various acts relative to common schools of the city of New York," passed July 3, 1851, 
 Passed April 2, 1800. Sess. Laws, p. 748. 
 
 An act relative to common schools in the city of New York. Passed April 9, 1807. Sess. 
 Laws, vol. 1, p. 540. 
 
 O. 
 
 An act in relation to schools and academies in the village of Ogdensburgh. Passed April 
 13,1807. Sess. Laws, vol. 1, p. 778. 
 
 An act to provide for the payment of the arrears of salary due the superintendent of 
 schools in the village of Ogdensburgh. Passed April 11, 1859. Sess. Laws, p. 509. 
 
 An act to amend an act entitled " An act in relation to schools and academies in the vil- 
 lage of Ogdeusbnrgh," passed April 13, 1857. Passed March 22. 1805. Sess. Laws, p. 288. 
 
 An act to amend an act entitled "An act in relation to schools and academies in the 
 'nllage of Ogdensburgh," passed April 13, 1857. Passed February 19, ISCO. Sess. Laws, 
 p. 96. 
 
 An act in relation to a school lot in the town of Olean. Sess. Laws, p. 166. Authorizes 
 sale of school lot. 
 
 An act to consolidate districts No. 7 and No. 28, in the town of Onondaga, county of 
 Onondaga ; and to provide for the organization of a school and academy therein, and to 
 enable the said district to provide the necessary buildings therefor. Passed April 28, 1866. 
 Sess. Laws, vol. 2, p. 1897. 
 
 An act to incorporate the union free school district No. 4, town of Orangctown, county 
 of Rockland. Passed April 14, 1859. Sess. Laws, p. 6S1.
 
 480 A List of Acts 
 
 An act to amend the " act incorporating the nnion free school district No. 4, town of 
 Orangetown, county of Rockland." Passed March 26, 1866. Sess. Laws, p. 515. 
 
 An act to legalize the site of the school-house in school district No. 6, of the town of 
 Onondaga, aud to enable the trustees of said district to acquire the title to the lands now 
 used for such site, and such other lands as may be necessary for the same. Passed April 16, 
 1867. Sess. Laws, vol. 1, p. 935. 
 
 An act to provide for the better education of the children in the several orphan asylums 
 in this State other than in the city of New York. Passed April 10, 1850. Sess. Laws, p. 500. 
 
 An act to authorize the trustees of school district No. 3, in the town of Orwell, county of 
 Oswego, to sell a part of their school lot. Passed April 12, 1843. Sess. Laws, p. 85. 
 
 An act in relation to the public schools in the city of Oswego. Passed April 5, 1853. 
 Sess. Laws, p. 188. 
 
 Au act to amend an act entitled " An act in relation to the public schools in the city of 
 Oswego," passed April 5. 1853. Passea June 21, 1853. Sess. Laws, p. 839. 
 
 An act to amend the act entitled "Au act in relation to public schools in the city of 
 Oswego," passed April 5, 1853. Passed March 27, 1855. Sess. Laws, p. 139. 
 
 An act to divide the county of Oswego into three school commissioner districts, and to 
 provide for the appointment of a school commissioner therein. Passed March 8, 1859. 
 Sess. Laws, p. 05. 
 
 An act in relation to the election of school commissioners in the city of Oswego. Passed 
 April 17, 1SG7. Sess. Laws, vol. 1, p. 1004. 
 
 An act to authorize the common council of Oswego to borrow money for school uses and 
 for other purposes. Passed April 5, 1864. Sess. Laws, p. 229. 
 
 An act for the relief of the trustees of school district No. 11, in the town of Otselic, Che- 
 nango county. Passed May 18, 1845. Sess. Laws, p. 2.55. 
 
 An act to authorize the trustees of school district No. 11, in the town of Otselic, to raise 
 money by tax on said district to pay the costs and expenses incurred by said district or its 
 trustees,"in a suit against Isaiah Lewis. Passed April 30, 1847. Sess. Laws, p. 159. 
 
 An act to consolidate the several school districts within the corporate limits of the village 
 of Owego, aud to establish free schools in the same. Passed April 23, 1864. Sess. Laws, 
 p. 739. 
 
 An act to amend an act entitled "An act to consolidate the several school districts within 
 the corporate limits in the village of Owego, and to establish free schools in the same," 
 passed April 23, 1864. Passed March 17, 1865. Sess. Laws, p. 250. 
 
 An act concerning the legacy bequeathed by David Jones for the benefit of a charity 
 school. Passed March 24, 1795. Sess. Laws (Webster & Skinner"s ed.), vol. 2, p. 249. Three 
 hundred pounds bequeathed for the education of the poor, directed to be loaned on good 
 land security by the overseer of the poor of Oyster Bay, and the interest thereof forever 
 applied to the instruction and education of such poor children in said town as said over- 
 seers should deem objects of charity. 
 
 An act to authorize the trustees of the Oyster Bay academy to be the trastees of a school 
 district. Passed April 12, 182.3. Sess. Laws, p. 170. With the consent of the taxabla 
 inhabitants, the trustees of the academy were to be trustees of the common school district 
 composed of the village of Oyster Bay, for si.t years, and they were to continue such trus- 
 tees, provided such consent should be renewed every six years. 
 
 An act to establish a free school in district No. 5, town of Oyster Bay, Queens county. 
 Passed .\pril 15, 1857. Sess. Laws, vol. 2, p. 223. 
 
 An act to alter school district No. 4, in the town of Oyster Bay, Queens county. Passed 
 AprU 13, 1800. Sess. Laws, p. 003. 
 
 An act relative to school district No. 1, in the town of Palmyra and county of Wayne. 
 Passed .\pril ti, isyo. Sess. Laws. p. 121. Authorizes the district to sell its school-houiC 
 and lot to the Palmyra high school. 
 
 .^^n act relative to union school district No. 1, in the town of Palmyra. Passed March 19, 
 1847. Sess. Laws, p. 20. 
 
 An act in relation to consolidated school district No. 1, in the town of Palmyra, Wayne 
 county. Passed April 7, 1857. S(!ss. Laws, vol. 1, p. 000. 
 
 An act to confirm the proceedings of the trustees of school district No. 11, in the 
 towns of Pamelia and Leray, in the county of Jcfl'erson. Passed April 5, 1844. Sess. 
 Laws, p. 104. 
 
 An act in relation to common schools in the village of Penn Yan. Passed April 17, 1857. 
 Sess. Laws, vol. 2, p. 647. 
 
 An act to authorize the Comptroller to loan money to the Penn Yan union school district 
 from the common school fund. Passed April 14, 1S.")8. Sess. Laws, p. 320. 
 
 An act to amend an ac-t in relation to common schools in the village of Penn Yan, passed 
 April 17, 1357. Passed April 8, 1859. Sess. Laws, p. 453.
 
 Relating to Scuools. 481 
 
 An act in relation to school district No. 8, iu the town of Phelps, in the county of Ontario. 
 Parsed April 19, 1855. Se?6. Laws, p. 1056. 
 
 An act to make the nnion school of Phelps a free school. Passed February 27, 1865. Sess. 
 Law?, p. 79. 
 
 An act to f^ecnrc to school district No. 4, in Edmoston,aiirt No. 6. in the town of Pittsfleld, 
 in the county of Otsego, the legacies of AUin Demiug, deceased. Passed March IC, 1848. 
 Scss. Laws, p. 109. 
 
 An act for the relief of Mumford Olark. collector of school district No. 6. in the town of 
 Pitteford. Passed January 31, 1843. Sess. Laws, p. 10. 
 
 An act in regard to school district No. IG, in the town of Pittstown, in the county of Rens- 
 selaer. Passed March 1.^, 18(;<i. Sess. Laws, p. 297. 
 
 An act to consolidate school districts Nos. 1, 2, and 5, of the town of Plattsbursrh, into a 
 free union siui^le district, and to vest the government thereof, and of the academy therein, 
 iu a board of education. Passed Jlay 8, 1867. Sess. Laws, vol. 2, p. 2020. 
 
 An act to make school district No. 9, in the town of Pomfret, a union free school district. 
 Passed March 17, 1858. Sess. Laws, p. 55. 
 
 An act to amend an act entitled " An act to make school district No. 0, in the town of 
 Pomfrot, a nnion free school district." passed March 17,1858: and to legalize certain acts 
 of the board of education of said district. Passed March 31, 18(i4. Sess. Laws, p. 98. 
 
 An act relative to appropriating the surplus poor funds iu the town of Gouverneur, in the 
 county of St. Lawrence, for the benefit of common schools. Passed March 31. 1828. Sess. 
 Laws. p. 165. Requires $1,000 to hu. paid to the trustees of jxiblic lauds iu said town and 
 loaned, and the interest applied annually to the support of common schools. 
 
 An act authorizing the overseers of the poor of the town of Saranac to pay over certain 
 moneys in their hands to the commissioners of common schools iu said town. Passed 
 Febriiary 5, 1,S29. Sess. Laws, p. 89. 
 
 An act relative to moneys in the hands of the overseers of the poor. Passed April 27, 
 1829. Sess. Laws, p. 421. Authorizes the inhabitants of towns to invest certain moneys 
 for the support of schools, to be and remain a permanent school fund. 
 
 An act to authorize the overseers of the poor of the town of Pierrepont, in St. Lawrence 
 county, to pay certain moneys to the commissioners of common schools in said town. 
 Passed April 29, 1,^29. Sess. Laws, p. 4.35. 
 
 An act appropriating certain poor funds iu the town of DeKalb, in the county of St. Law- 
 rence, to the common schools of said town. Passed February 22, 1830. $1,000 to be loaned 
 and the interest applied to the support of common schools. 
 
 An act authorizing the application of the interest arising from the poor fund of the town 
 of Russell to the school fund. Passed April 26, ISiU. Sess. Laws, p. 386. 
 
 An act for the relief of Lewis A. Talman. Passed March 20. 1841. Sess. Laws. p. 33. 
 (Portage.) 
 
 An act to incorporate the Poughkeepsie Lancaster school society. Passed March 11, 
 1814. Sess. Laws, p. 45. Section 6 of this act made the village a permanent school district, 
 and required the commissioners of common schools to pay to the trustees of the Lancaster 
 scliool society the share of public money apportioned to that part of the town comprised in 
 the village. 
 
 An act to establish free schools in the village of Poughkeepsie. Passed April 18, 184.3. 
 Sess. Laws, p. 279. 
 
 An act to incorporate the city of Poughkeepsie. Passed March 28, 1854. Sess. Laws, 
 p. 171. 
 
 An act to repeal and amend parts of an act entitled "An act to incorporate the city of 
 Poughkeepsie." passed March 28, 18.54, and the amendments thereto, passed April 12, 1855, 
 and April 2, 1S.5S, for the benefit of the common schools in said city. Passed April 6, 1860. 
 Sess. Laws, p. 317. 
 
 An act to establish a union free school in district No. 2, in the town of Poughkeepsie. 
 Passed May 1, 186,5. Sess. Laws, p. 1304. 
 
 An act to authorize school district No. 1, of the town of Poughkeepsie, in the county of 
 Dutchess, to borrow money for the purpose of completing a school building in said district, 
 and to provide for the payment thereof. Passed March 9, ls(i7. Sess. Laws, vol. 1, p. 90. 
 
 An act to consolidate the several school districts and parts of districts in the village of 
 Pulaski into one district, and provide for a school therein. Passed June 4, 1853. Sess. 
 Laws, p. f>48. 
 
 An act to amend an act entitled " An act to consolidate the several school districts and 
 parts of districts in the village of Pulaski, into a district, and ))rovide for a school therein," 
 passed June 4, 1853. Passed April 19, 1855. Sess. Laws, p. 1073. 
 
 An act to amend an act entitled " An act to consolidate the several school districts, and 
 parts of districts in the village of Pulaski, into one district, and to provide for a school 
 therein." Passed April 9, 1804. Sess. Laws, p. .330. 
 
 An act authorizing the Comptroller to loan money to the Pulaski school district, and for 
 other purposes. Passed April 17, 1354. Sess. Laws, p. 715. 
 
 61
 
 482 A List of Acts 
 
 An act to amend an act entitled " An act authorizing the Comptroller to loan money to 
 the Pulaski school district, and for other purposes," passed April 17, 1854. Passed April 
 
 13, 1855. Sess. Laws, p. 707. 
 
 R. 
 
 Eevised Statutes, passed in 1827, 1828, and ISSO, chapter 15, of part 1, related to public 
 Instruction. The act creating the board of Regents of the University, all the acts relating 
 to common schools, the laws relating to Lancaster schools (Sess. Laws of 1821, p. 54), and 
 all special acts relating to villages and cities, were included in said chapter 15. 
 
 An act to legalize the acts of the inhabitants and trustees of school district No. 12, formed 
 partly out of the town of Ridgcway and partly out of the town of Shelby in the county of 
 Orleans. Passed March 4, 1IS52. Sess. Laws, p. 45. 
 
 An act authorizing the trustees of school district No. 12, in the towns of Ridgeway and 
 Shelby, Orleans county, to raise money by tax. Passed January 58, 1860. Seas. Laws, p. 14. 
 
 An act to incorporate the Rochester high school, in the county of Monroe. Passed March 
 15. 1827. Sess. Laws, p. 55. This was a Lancaster school The first section constituted 
 districts Nos. 4 and 14, in the town of Brighton, one district, declared to he a school district, 
 and appointed the first trustees, with power to keep and maintain a school, and to hold and 
 own property with an income not to exceed $:!,00() a year. They were authorized to levy a 
 tax of $4,000 on the district, to build a school-house. 
 
 An act to amend the act entitled "An act to incorporate the Rochester high school, in the 
 county of Monroe." Passed JVIarch 28, 1828. Sess. Laws, p. 134. Authorizes thelevy of a tax. 
 
 An act to amend the act entitled "An act to incorporate the Rochester high school, in the 
 county of Monroe," passed March 15, 1827. Passed April 30, 1829. Sess. Laws, p. 513. 
 Authorizes the trustees to mortirage real estate, and make the payment of such mort- 
 gage by either of them, individually, operate as a valid assignment of the mortgage to the 
 payor. 
 
 An act to authorize the Rochester high school to raise money by tax. Passed February 
 23,1831. Sess. Laws, p. 52. Authorizes the raising of $3,000. 
 
 An act to constitute the colored children of Rochester a separate school. Passed April 
 
 14, 1832. Sess. Laws. p. 211. Authorized the school commissioners of the towns of Gates 
 and Brighton to establish and maintain a separate school for colored children in the village 
 of Rochester. 
 
 An act to incorporate the city of Rochester. Passed April 28, 1834. Title six relates to 
 schools. 
 
 An act authorizing the trustee? of school dii-trict No. 10, in the city of Rochester, to sell 
 a part of their school-house lot. Passed April 23, 1835. Sess. Laws, p. 158. Authorizes the 
 sale of half an acre from the north end of the lot, and the expenditure of the avails in the 
 reparation of the school-house. 
 
 An act further to amend the act entitled "An act to incorporate the Rochester high school, 
 in the county of Monroe," passed March 15, 1827. Passed April 20, 1836. Sess. Laws, p. 220. 
 Authorizes the division of the school district attached to the high school into two common 
 school districts. 
 
 An act further to amend an act entitled "An act to incorporate the city of Rochester." 
 Passed May 14, 1840. The sixth section authorized the levy of taxes for the support of 
 schools, making them free. 
 
 An act further to amend an act entitled "An act to incorporate the city of Rochester," 
 passed April 28, 1834. Passed May 20, 1841. Sess. Laws, p. 185. 
 
 An act relative to school district No. 5, in the city of Rochester. Passed April 12, 1843. 
 Sess. Laws, p. 3G7. 
 
 An act relative to school districts Nos. 5 and 3, in the city of Rochester. Passed April 10, 
 1814. Sess. Laws, p. 131. 
 
 An act to consolidate and amend the act to incorporate the city of Rochester, passed April 
 28, 18.)t, and the (several acts amendatory thereof. Passed April 11, 1844. Sess. Laws, p. 133. 
 Title () relates to schools. Section 8 of the title provided for a tax sufBcient to make all the 
 schools free. 
 
 An act relative to district No. 3, in the city of Rochester. Passed April 24, 1845. Sess. 
 Laws, p. 74. 
 
 An act to amend an act entitled " An act to consolidate and amend the act to incorporate 
 the city of Rochester," passed April 11, 1844. Passed May 2, 1845. Sess. Laws, p. i>8. 
 
 An act providing for the election of city superintendent of common schools of the city 
 of Rochester by the electors of said city. Passed April 4, 1848. Sess. Laws, p. 285. 
 
 An act to amend an act entitled " An act to con.solidate and amend the act to incorporate 
 the city of Rochester," passed April 11, 1844, and the several acts amendatory thereof. 
 Passed February 28, IS-IO. Sess. Laws, p. 90. 
 
 An act to amend and consolidate the several acts relating to the city of Rochester. 
 Passed A]m\ 10, iH.'iO. Sess. Laws, p. .501. Title six relates to schools. 
 
 An act in relation to the free schools in the city of Rochester. Passed March 2, 1850. 
 Sess. Laws, p. 33.
 
 Relating to Schools. 483 
 
 An act to authorize the common council of the city of Rochester to raise ten thon- 
 Fand dollars for the use of the public schools therein. Passed April 6, 18G0. Sesa. Laws, 
 p. 316. 
 
 An act to authorize the city of Rochester to borrow money for the purpose of erecting 
 school buildings. Passed March 23, 1867. Sess. Laws, vol. 1, p. 206. 
 
 An act for the relief of certain school districts in the town of Rome, in the county of 
 Oneida. Passed January 21, ISiS. Sess. Laws, p. 12. Requires forfeited money to be 
 apportioned to certain districts. 
 
 An act to provide for the erection of a school-house in district No. 5, in the town of Rome, 
 and to chantje the site thereof. Passed March 1, ISoO. Sess. Laws, p. 30. 
 
 An act to amend an act entitled "An act to make the common schools free in district 
 No. 5, in the town of Rome, in the county of Oneida, and to provide a tax for that pur- 
 pose," pa.ssed April 10, 1S62, and to authorize the raisiuj,' of money by tax. Passed Marcb 
 28, 1867. Sess. Laws, vol. 1, p. 20.3. 
 
 An act in relation to school district No. 8, in the town of Royalton. Passed May 12. 
 1847. Se.^s. Laws, p. .147. 
 
 An act for the relief of the town of Rye. Passed February 9, 1891. Sess. Laws, p. 33. 
 Orders the sale of four acres of land in said town for tlie benefit of schools. 
 
 An act to consolidate certain school districts within or adjoining the corporate limits of 
 Sag Harbor, Suffolk county, and to establish a union school therein. Passed April 22, 1S63. 
 Sess. Laws, p. 799. 
 
 An act to legalize certain expenditures of the board of education of the union school dis- 
 trict of Sag Harbor, for the purchase of text books, and for teachers' wages, and to author- 
 ize the levying of a tax for the payment of the same. Passed April 16, 1864. Sess. Laws, 
 p. 4()4. 
 
 An act to amend an act entitled " An act to consolidate certain school districts within 
 or adjoining the corporate limits of tlie village of Sag Harbor, Suffolk county, and to estal>- 
 lish a union school therein," passed April 22, 1S02. Passed April 22, 1864. Sess. Laws, 
 p. 720. 
 
 An act to constitute school district No. 1, in the town of Salina and county of Onondaga, 
 a free school. Passed April 9, 1S()0. Sess. Laws, p. 354. 
 
 An act to amend an act entitled " An act to constitute school district No. 1, in the town 
 of Salina and county of Onondaga, a free school." Passed March 25, 1865. Sess. Laws, 
 p. 340. 
 
 An act authorizing the formation of a new school district in the town of Salina, in tho 
 countv of Onondaga, to be called school district ISo. 0, of said town. Passed April 24, 1SG7. 
 Sess. Laws, vol. 2. p. 186.3. 
 
 An act to amend an act entitled " An act to consolidate the several school districts, 
 and parts of districts, within the corporate limits of Saratoga Springs, and to estab- 
 lish a free union school or schools therein." Passed April 25, 1867. Sesa. Laws, vol. 2, 
 p. 1958. 
 
 An act to incorporate the Schenectady Lancaster school society. Passed Nov. 12, 1816. 
 Sess. Laws of 1817, p. 10. The first and second wards of said city were divided, and a por- 
 tion formed by section 3 into a school district, and all the money raised for tlie support of 
 the school, in'snch portion, and all the money received from the State, was required to bo 
 paid to the trustees of said society. 
 
 An act relative to certain school districts in the city of Schenectady. Passed April 6, 
 1827. Authorizes the formation of certain school districts out of the bounds of that portion 
 of the city known as the police, and prescribes how the money raised by taxation shall 
 be divided between such districts and the Lancaster school society. 
 
 An act relative to the city of Schenectady. Passed April 21, 1S28. Sess. Laws. p. <37. 
 Requires the school moneys to De apportioned between the district schools and the Lancas- 
 ter school society. 
 
 An act to provide for the apportionment of school money in the city of Schenectady. 
 Passed .April W. 1829. Sess. Laws, p. 4,S4. Provides for a distribution of the public money, 
 partly to the district schools, and partly to the Lancaster school society. 
 
 An act in relation to the public schools in the city of Schenectady. Passed April 9, 1854. 
 Sess. Laws, p. 373. 
 
 An act to provide for an equitable apportionment of school moneys to certain districts 
 heretofure within the limits of the city of Schenectadv, hut now in the towns of Rotterdam 
 and Niskayuna. Passed April 3, 1866. Sess. Laws, p." 803. 
 
 An act to create a free school in the town of Schroeppel, Oswego county, and to create a 
 board of education therein, with powers of taxation and other powers for school purposes. 
 Passed April 17, 1865. Sess. Laws, p. 820. 
 
 An act for the relief of Richard Perkins, William M. Smith and Joseph U. Blood. Passed 
 April 10, 1845. Sess. Laws, p. 39. (Scriba, Oswego county.)
 
 484 A List of Acts 
 
 An act in relation to school district No. 1, in the town of Seneca, and in the county of 
 Ontario. Pasjsed April 2-i. Ib44. Sess. Laws, p. 2711. 
 
 An act in relation to school district No. 1, in the town of Seneca, in the county of Ontario. 
 Passed April 1.5, lb53. Scss. Laws, p. 540. 
 
 An act in relation to school district No. 1, in the town of Seneca, in the county of Ontario, 
 Passed April 1:2, 1855. Sess. Laws, p. tiOO. 
 
 An act relating to schools in the town of Seneca Falls. Passed April 16, 1857. Sees. 
 Laws, vol. 1, p. 9-^4. 
 
 An act for the relief of consolidated school district No. 7, in the town of Sherhurne, 
 County of Chenango. Passed .March 20, 1853. Sess. Laws, p. 83. 
 
 An act to establish free schools in the village of Sing Sing. Passed April 15, 1854. 
 
 An act to amend the act entitled " An act to establish free schools in the village of Sing 
 Sing,'' passed April 15, 1854. Passed April 10, 1857. Sess. Laws, p. 689. 
 
 An act to amend the act entitled "An act to establish free schools in the village of Sing" 
 Sing, passed April 15, 1854," and the act amendatory thereof entitled " An act to amend the 
 act entitled ' An act to establish free schools in the village of Sing Sing,' passed April 15, 
 lbo4," passed April 10, 1857. Passed April 8. 1859. Sess. Laws, p. 455. 
 
 An act to amend the act entitled " An act to establish free schools in the viUage of Sing 
 Sing," passed April 15, 1854, and the several acts amendatory thereof. Passed April 39, 
 1^63. Sess. Laws, p. 480. 
 
 An act to consolidate school districts Nos. 2 and 15, in the town of Smyrna. Passed 
 March 19, 1852. Sess. Laws, p. 71. 
 
 An act to repeal an act entitled " An act to incorporate the trustees of Somers village 
 school." Passed April 9, 1852. Sess. Laws, p. 255. The act repealed was passed April's, 
 isll. 
 
 An act for the relief of the trustees of district No. 2, in the town of Southeast. "Passed 
 July 9, 1851. Sess. Laws, p. 850. 
 
 An act to authorize the trustees of school district No. 1, in the towns of Southfield and 
 Castleton, and county of Richmond, to mortgai'e the property belonging to said district for 
 certain purposes. Passed April 7, 1852. Sess. Laws, p. 215. 
 
 An act for the collection of unpaid taxes in school district No. 1, in the towns of Castleton 
 and Southfield, Kichmoud county. Passed March 31, 1857. Sess. Laws, vol. 1, p. 453. 
 
 An act in relation to school district No. 6, in the towns of Southfield and Castleton, Rich- 
 mond county. Passed April 18, 1859. Sess. Laws, p. 10.56. 
 
 An act to incorporate a part of Stephentown for the purposes therein mentioned. Passed 
 JIarch 23, 1799. Sess. Laws (Webster & Skinner's ed.), vol. 2, p. 251. Incorporates the 
 freeholders of that part of the town known as the twelve thousand acres, and authorizes them 
 to choose annually, on the last Tuesday of May of each year, three trustees of a lund given 
 for the support of "schools. The ftmd is limited to $3,000, and the income is to be distributed 
 for the benefit of schools within the bounds of the corporation. 
 
 An act relative to the school fund of Stephentown, in the county of Rensselaer. Passed 
 April 11, 1866. Sess. Laws, p. 1113. 
 
 An act for the relief of Cyril Carpenter, Isaac Joslyn and Isaac Barnes, now or late trustees 
 of district No. 10, in the town of Steuben. Passed April 2, 1846. Sess. Laws, p. 50. 
 
 An act for the relief of Cyril Carpenter, Isaac Joslj-n, and Isaac Barnes, late trustees of 
 school district No. 10, in the town of Sweden. Passed March 26, 1847. Sess. Laws, p. 35. 
 
 An act to provide for a permanent district school in Syracuse. Passed April 20, 1832. 
 Sess. Laws, p. 356. Makes district No. 4, Salina, a permanent school district, and authorizes 
 a tax of $4,000 to build a school-house. 
 
 An act to repeal " An act to provide for a permanent district school in Syracuse." Passed 
 March 25, 1837. Sess. Laws, p. 87. Repeals act of May 20, 1832. 
 
 An act in relation to public schools in the city of Syracuse. Passed April 11, 1S4S. Sess. 
 Laws, p. 344. 
 
 An act to amend an act entitled " An act in relation to the public schools in the city of 
 Syracuse," passed April 11, 1848. Passed May 26, 1853. Sess. Laws, p. 575. 
 
 An act to revise the charter of the city of Syracuse. Passed February 25, 1S54. Sess. 
 Laws, p. .37. 
 
 An act to authorize the city of Syracuse to raise money for the establishment of a high 
 school. Passed March 16, 1867. Sess. Laws, vol. 1, p. 136. 
 
 SCHOOL FUND. 
 
 An act to incorporate the stockholders of the Mc'rchants' Bank in the city of New York. 
 Passed March 26, 180.5. Sess. Laws (Webster & Skinner's ed.\ vol. 4, p. 62. Section 11 
 authorized tlie Secretary of Stale to subscribe for one thousand shares of the stock, on tho 
 part of the State, without paying for the same, to form a fund for the support of commou 
 schools. 
 
 An act to raise a fund for the encouragement of common schools. Passed April 2, 1805 
 Scbs. Laws (Webster & Skinner's ed.), vol. 4, p. 126. Appropriates the net nroceeds of
 
 Eelatixg to Schools. 485 
 
 five hundred thousand acrei^ of land as a fund for common school?. The interest for moneys 
 loaned was to be annually added to the principal, and no distribution made until the income 
 should amount to $oO,OtHj, the money to be loaned on bond and morti;age at six per cent. 
 
 An act further to increase the common school fund. Passed March 13, 1S07. Scss. Laws 
 (Webster <& Skinner's ed.), vol. 5, p. 40. Orders all moneys arising Irom the stocic of the 
 Stale in the Merchants' Bank, and all moneys coming from the proceeds of certain lotteries, 
 under act of April 6, 1803, to be invested in the capital stock of said Merchants' Bank. 
 
 An act givinir an additional term of the general sessions of the peace for the county of 
 Ontario, and authorizing the buildin;; of a fire-proof cU-rk's ollice therein, and for other 
 purposes. Passed Aprils, isos. i^ess. Laws (Webster & Skinner's ed.), vol. 5. p. 3(il. Sec- 
 tion 5 directs " that all moneys which have or may come into the treasury belon^'ing to the 
 common school fund, and which are not directed by law to be invested in the stock of the 
 Merchants' Bank, shall be loaned by the Comptroller, pursuant to the directions of the act 
 entitled " An act to raise a fund for the encouragement of common schools," passed April 
 2, 1S05. 
 
 An act to render the fund for the sui)port of common schools more productive. Passed 
 April 5, 1810. Sess. Law.s (Webster & t^kinner's ed.), vol. 0, p. Ui. Tlie first section author- 
 ized the Comptroller to invest all ttie mi)neys in the treasury, or to bo received, belonging 
 to the common school fund, in the stock of the Merchant's' Bank, the Columbia Bank, 
 the Hudson Bank, and the Mohawk Bank, until the amount reserved to the Slate should be 
 exhausted. After such stock should be filled up, the moneys were to be invested ou bond 
 and mortgage. 
 
 An act concerning the clerks of the supreme court and for other purposes. Passed April 
 6, 1810. Sess. Laws 1 Webster & Skinner's ed.), vol. (i. p. 85. Section 5 set apart the surplus 
 fees of the Supreme Court to increase the capital of the conmiou school fund. 
 
 An act respecting the subscription of this State to the Mechanics' Bank in the city of 
 New York, and for other purposes. Passed April 8, 1811. Sess. Laws (Webster & Skinner's 
 ed.), vol. 0, p. -.'tis. Section 4 directs the payment, on the first day of June, each year for 
 five years, of S2,500, ''for the use |ind encouragement of common schools." The Comp- 
 troller was authorized to subscribe ^2o0,000 in the stock of the bank. This stock was to be 
 paid for by the State. 
 
 An act for the establishment of common schools. Passed April 12, 1812. Sess. Laws 
 (Webster & Skinner's ed.), vol. 0, p. GOO. Section 3 directs when the increase of the fund 
 shall be distributed. 
 
 An act to incorporate the stockholder? of the Bank of America. Passed June 2, 1813. 
 Sess. Laws (Webster & Skinner's ed.), vol. (i, p. 413. By section 12 it is enacted that the 
 corporation shall pay J4<H).(K)0. or $100. (!(K) vearlv, for four years to the Treasurer of the 
 State, 1100,000 in ten years, ;5;10I),000 in nin(iteen' years. Of this sum .?4(.0,0()0 is set apart 
 for the encouragement of common schools ; $100,000 for opening and improving naviga- 
 tion ; $100,000 for the encouragement of literature. 
 
 An act to incorporate the stockholders of the City Bank of New York. Passed June IG, 
 1812. Sess. Laws (Webster it Skinner's ed.), vol. 0. p. 520. Section 3 requires the bank 1o 
 pay to the State Treasurer $125,000, in six equal annual payments for the use and benetit 
 of common schools. 
 
 An act concerning the fund for the encouragement of schools. Passed April 9, 1813. The 
 first section sets apart the •' net proceeds of the vacant and unappropriated lands of the 
 State," sold subsequent to April 2, 1805 ; the surplus moneys received for fees by the clerks 
 of the supreme court, and the moneys paid into the State trea>ury by the Bank of America 
 and the City Bank of New York, as '"a permanent fund for the support of common schools." 
 The remaining sections provide for the safe-keeping and investment of the money. 
 
 An act authorizing the Comptroller to loan moneys belonging to the school fund, and for 
 other purposes. Passed April 12, 1813. Sess. Laws, p. 288. Authorizes the loan of J45.500 
 in various sums, to individuals and con^orations, on bond and mortgage at 7 per cent for five 
 years. 
 
 An act for the better establishment of common schools. Passed April 15, 1814. Sess. 
 Laws, p. 229. Section 3 directs how the income of the common school fund shall be dis- 
 tributed. 
 
 An act authorizing a loan to the Brighton Bridge company. Passed April 20, 1818. Sess. 
 Laws, p. 180. $10,000 from the common school fund to l)e loaned. 
 
 An act for the support of common schools. Passed April 12, 1819, Sess. Laws, p. 187. 
 Section 3 regulates the distribution of the income. 
 
 An act to change and increase the fund for the support and encouragement of common 
 schools, and for other pun)oses. Passed April 13, ISl'.l. Sess. Laws, p. 274. Section 1 
 declares that the loan of 1792, and the loan of 1808, and the stock in the Merchants' Bank, 
 and the net proceeds of all the lands which may escheat in the military tract, and the 
 net proceeds of the fees of the clerks of the supreme court, shall be the " school fund." 
 The rest of the act relates to the investment of the fund and the distribution of the 
 revenue. 
 
 An act concerning quitrents, and to increase the literature and school funds respectively. 
 Passed April 13, 1819. Sess. Laws, p. 291. Section 31 directs that the money received from 
 quitrents shall be divided, and one-half appropriated to increase the literature fund, and 
 one-half to increase the capital of the common school fund. Section 31 directs the money
 
 486 A List of Acts 
 
 to be investecf in canal stock. The Constitution, signed November 10, 1821, adopted Jan 
 uarv lb22, and which took effect January 1, l.s-23, ordained (sec. 10, art. 7): "The proceeds 
 of all lauds belonging to this State, except such parts thereof as may be reserved to public 
 use or ceded to the United States, which shall hereafler be sold or disposed of, together 
 with the fund denominated the common school fund, shall be and remain a perpetual fund, 
 the interest of which shall be inviolably appropriated and applied to the support of common 
 uchools throughout the State." 
 
 An act concerning loan otHces. Passed April 17, 1802. Sess. Laws, p. 265. Section 5 
 directs the school fund moneys to be invested in any of the public stocks <if the State, at or 
 below their par value ; or, if they cannot be purchased at par, then in the next loan made by 
 the commissioners of the canal fund. 
 
 An act for the improvement of the school fund. Passed March 8, 1833. Sess. Laws, p. 47. 
 Sectioa 1 diiectfi sale of the school fund lands. Section 2 directs that the moneys be invested 
 in the public stocks of the State, or in canal stocks. 
 
 An act for vesting the capital of the school fund. Passed November 24, 1824. Sess. Laws, 
 p. 3.}7. Directs the moneys belonging to the fund to be invested in canal fund stock at six 
 per cent. 
 
 An act to assign the public lands in Otsego county, and the bonds on sales thereof hereto- 
 fore made, to their respective funds. Passed November 24, 1824. Sess. Laws, p. isdi. Divides 
 the proceeds of the lands between the literature and school funds. 
 
 An act to increase the common school fund. Passed November 24, 1824. Sess. Laws, p. 
 38(). $1(1,0)0, directed to be paid by the third section of the act entitled "An act to authorize 
 and provide for the erection of a fever hospital in the city of New York," passed April 24, 
 lb23, transferred to the school fund. 
 
 An act relative to the sales of lands belonging to the people of this State, and to prevent 
 tresjiasses thereon. Passed April 14, 1826. Sess. Laws, p. 209. Directs that within forty- 
 eight hours the purchaser shall pay not less than one-eighth of the purchase-money, but that 
 the conditions shall not exact more than oue-half; or that some other collateral tecurity 
 may be demanded. 
 
 An act confirming the payment of certain moneys out of tie treasury for the benefit of 
 common schools, and for other purposes. Passed .Xpril 18, 1820. Sess. Laws, p. .355. Directs 
 that moneys in the treasury belouL'-iug to the school fund may be invested in the stock of 
 any loan for the benefit of "the canal fund. 
 
 The Revised Statutes entitled of public instruction, title second, art. 2, of chap. 1,5, 
 which took efl'ect January 1, 1S2S, contains directions for the distribution of the income of 
 the school fund. Sec. 1, title 4, of chap. 0, part 1, R. S., enacts as a law the clause inserted 
 in the Constitution relative to the common school fund. Sec. 2 directs the distril)»tion. 
 Subsequent sections direct the manner of the investment. Section 65, of chap. 9 (being sec. 
 79 in Banks' 5th ed.), declares " the lands belonging to the common school fund, all 
 escheated lands, and all other lands belonging to the 'people of this State, which are not 
 directed by law to be kept for or applied to any specific purpose, shall be deemed unappro- 
 Iiriated lands, within the moaning of this title." Does this section include "land under 
 water." within its terms, or were such lands kept for the purposes of commerce? Or if 
 this were so prior to 1850, did not cliap. 283 of 18.50, which permitted lands under water to 
 be granted in perpetuity, or for lieneficial enjoyment of the owner, brin" such lands within 
 BectioM (15 aforesaid ? And would not land in New York city and elsevvhere, on the shores 
 of the ocean and lakes, and on the banks of rivers, reclaimed from the water, filled in, and 
 then granted for a valuable consideration, be " unappropriatel land " and come within the 
 terms of the Constitution and the Revised Statutes ■/ Chap. 9, titles 4 and 5, part 1. Revised 
 Statutes (Banks' 5th cd.), contains all the statutory enactments relating to the sale of the 
 pchool fund lands, and the investment of the proceeds, passed since 1827. 
 
 By chapter 228, Laws of 1827, passed April 13, the balance of the loan of 1786, was trans- 
 ferred to the common school fund. 
 
 By the same law the sum of $150,000 of the money received, and to be received from the 
 pale of lands belonging to the catial fund, was transferred to the literature fund, tlie income 
 to be distributed to the academies of the State in "proportion to the number of pupils taught 
 for six months (hiring the preceding year, in classical studies, or in the higher branches'of 
 an I'vUgiish education. 
 
 By chapter 201, Laws of 1S29, passed April 21, $65,000 was directed to be borrowed on a 
 five per cent stock, and tlie Comptroller was directed to invest the money iu the treasury 
 belonging to the school fund in said stock. 
 
 T. 
 
 An act to authorize the school district No. 13, in the town of Taghkanick. in the county 
 of Columbia, to reorganize under the free school act. passed April 12, 1851. Passed April 2, 
 1855. Sess. Laws, p. 220. 
 
 An act to incorporate the city of Troy. Passed April 12, 1816. Sess. Laws, p. 129. The 
 fortieth and concluding sections relate to-«chools. The first four wards were erected into a 
 permanent district, with power in the common council to raise by tax $.500 annually to 
 repair scliool-house and support a school, and also power to build a scliool-hoiise, and raise 
 by tax the necessary money. This law remained in force, substantially, until 1849.
 
 Relating to Schools. 487 
 
 An act to amend an act entitled "An act to prevent the sale of tickets of unauthorized 
 lotteries, and to prevent the forgery of lottery tickets." Passeil March 21, 1S28. Sess. Laws, 
 p. 100. Requires the mavor of Troy to apply all the money received by him for granting 
 licenses to the vendors of lottery tickets in Troy, to the trustees of district No. 1. to be by 
 them expended in the establishment and support of a high school on the monitorial plan. 
 
 An act concerning the first school district in the city of Troy. Passed April 12, 1842. 
 Sess. Laws, p. 3:^. 
 
 An act concerning the first school district in thfi city of Troy. Passed March 1, 1843- 
 Sess. Laws, p. 22. 
 
 An act in relation to the first school district in the city of Troy. Passed April 5, 1S43. 
 Bess. Laws, p. 292. 
 
 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. Sess. Laws, p. 299. This act made the city 
 a school district and declared the schools free. 
 
 An act to amend an act entitled " An act to amend the charter of the city of Troy, and to 
 establish free schools therein," passed April 14, 1S49. Passed May 11, 1805. Sess. Laws, 
 p. 1409. 
 
 An act in relation to free schools in the city of Troy, and school district No. 10, in the 
 town of Lansingburgh. Passed April 10, ly.W. Sess. Laws, p. 7G5. 
 
 An act to amend the act entitled " 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. Passed 
 March 17, 1851. Sess. Laws, p. 55. 
 
 An act to amend an act in relation to free schools in the city of Troy, and school district 
 No. 10, in the town of Lansiiigburgh, passed Julyl, 1851 ; and to amend the act providing for 
 free schools in the city of Troy, passed April 4," 1819. Passed March 28, 1854. Sess. Laws, 
 p. 158. 
 
 An act to enable the hoard of education of union free school district No. 1, of the town 
 of Tonawanda, Erie county, to borrow money to l)uild a school-house, and to issue the 
 bonds of the district therefor. Passed March 9, 1SC7. Sess. Laws, vol. 1, p. 100. 
 
 U. 
 
 An act for granting certain privilepres to the college heretofore called King's college, for 
 altering the name and charter thereof, and erecting an university within this State. Passed 
 the first day of May, 1784. 
 
 An net to amend an act entitled "An act for granting certain privileges to the college 
 heretofore called King's college, for altering the name and charter thereof, and erect- 
 ing an university within this State," passed the first day of May, 1784. Passed November 
 26, 1784. 
 
 An act to institute an university within this State, and for other purpose? therein men- 
 tioned. Passed I3th April. 17^7. "The Sth, 9lh. 10th and 11th sections of this act confirm 
 the charter granted in 17.")4 to the governors of the college of the province of New York ; 
 and ordered the style of it to be the trustees of Columbia college. The Sth section c<m- 
 firms in the college all ''power, authority, rights, principles, franchises and immunities," 
 which it possessed, and "all and singular the lauds, tenements, hereditaments and real 
 estate, goods, chattels, rents, annuities, moneys, books and other property" belonging to 
 eaid college. It has been thought not advisable to include in this list the names of colleges 
 and academies chartered by the Reircnts of the University, or by act of the Legislature. 
 They may be found in the Convention Manual of 1807. Existing colleges and academies 
 nearly all report annually to the Regents. 
 
 An act to incorporate the village of Utica. Passed April 7, 1817. Sess. Laws, p. 211. 
 Section 27 applied all the school inoneys coming to said village under the school laws to 
 the sii;.,iort of a free school for the education of such poor children as were entitled to a 
 prati;itous cMiucation. By section 28, all the school propt'rty of the twelfth district of 
 Whitetown was vesti'd in the trustees of the village of Utica for said free school. Ky 
 section 29. the village was authorized to raise not exceeding ^100 a year for the support 
 of such school. 
 
 An act relative to common schools in the village of Utica. Passed April 16, 1831. Sess. 
 Laws. p. 187. Gives the trustees of the village power to establish schools at their pleasure, 
 and distribute the public money as to them should seem most useful. 
 
 An act in relation to common schools in the city of Utica. Passed April 7, 1842. Sess. 
 Lawt", p. 1(53. 
 
 An act to amend an act entitled " An act in relation to common schools in the city of 
 ITlica, passed April 7, 1812." Passed April 8, 1844. Sess. Laws, p. 120. 
 
 An n."t in relation to common schools in the city of Utica. Passed February 2, 1846. 
 Sess. Laws, p. S. 
 
 An act in relation to common schools in the city of Utica. Passed March 16, 1850. Sess. 
 Laws. p. 74. 
 
 An actio amend an act entitled "An act in relation to common schools in the city of 
 TJtica," paesed March IC, 1850. Passed April 13, 1852. Sess. Laws, p. 395.
 
 488 A List of Acts 
 
 An net to amena several acts in relation lo the common Bcbools in the city of Ftica. 
 Passed April 17, lti54. Sess. Laws, p. "i-^S. 
 
 An act to amend certain acts in relation to common schools in the city of Utica. Passed 
 April 15, 1S57. Sess. Laws, vol. 2, p. 2-21. 
 
 An act respecting the school district librarj' m the city of LTtica. Passed AprU 16, 1858. 
 Sess. Laws, p. 4:>5. 
 
 An act in relation to the common schools of tlie city of I'lica. Passed March 23,1867. 
 Sess. Laws, vol. 1, p. 185. 
 
 An act to authorize the common council of the city of Utica to borrow money to erect 
 echool-liouses. Passed April 10, 18(57. Sess. Laws, vol. 1, p. 934. 
 
 An act confirming the proceedings under which a union free school was formed by the 
 consolidation of school districts No. 8 of town of Vernon, Oneida county. No. 2-2 of the "town 
 of Lenox, Madison county, and joint district No. 2') of said towns of Vernon and Lenox, 
 ai.d authorizing the ceding by the State of New York of a portion of the public square in 
 the village of Oneida C'astleton, togetlier with the academy buildings thereon, to the board 
 of education of said union free school for the sole use of said board of said school, and to 
 refund taxes collected in said district No. 22 for the erection of a new school-house. Passed 
 April 11, 18ti5. Sess. Laws, p. 700. 
 
 An act to authorize the supervisors of the towns of Virgil. Lapeer and Harford, in the 
 county of Cortland, lo sell and convey certain lands, and invent tlie sums received therefor 
 for the support of common schools. Passed AprO 17, 1800. Bess. Laws, p. 994. 
 
 W. 
 
 An act in relation to school district No. 5, in the town of Warsaw, in the county of 
 Genesee. Passed jMay 25, ]83(). Sess. Laws, p. 713. Authorized to sell school property, and 
 divide the proceeds equitably betweea the two districts formed by a division of No. 5. 
 
 An act for the relief of cimsolidated school district No. 10, in the town of Warsaw, county 
 of Wyoming. Passed June 17, 1853. 
 
 An act for the relief of the commissioners of common schools, in the town of Washington, 
 in the county of Dutcliess. Passed February 28, 1822. Corrects apportionment of school 
 moneys, owing to a mistake in the census. 
 
 An act to authorize the trustees of school district No. 7, in the town of Washington, in the 
 county of Dutchess, to fix upon and procure suitable lands as a site for a school-house, and 
 necessary privileges for the same iu said district. Passed April 7, 1856. Sess. Laws, p. 188. 
 
 An act in relation to the board of education of union free school district No. 1, of Water- 
 ford, in the county of Saratoga. Passed April 10, 1S57. Sess. Laws, vol. 1, p. G9S. 
 
 An act to authorize school district No. 1, in the town of Waterloo, to raise a tax. Passed 
 October 2(i, 1847. Sess. Laws, p. 441. 
 
 An act to provide for free schools in the village of Waterloo. Passed April 11, 1853. Sess. 
 Laws, p. 27!t 
 
 An act iu relation to school district No. 1, in the town of Waterloo, in the county of Seneca- 
 Passed April IU, 1855. Sess. Laws, p. 367. 
 
 An act in relation to Waterloo union school, and school districts Nos. 1 and 15, in the town 
 of Waterloo, county of Seneca. Passed February 16, 1859. Sess. Laws, p. 38. 
 
 An act to confirm certain proceedings of the trustees of school district No. 3, of the village 
 
 and town of Watertown. Passed April 8, 1842. Sess. Laws, p. 170. 
 
 An act to authorize the trustees of school district No. 3, of Watertown, to borrow money 
 to pay for a scliool-ltonse. Passed February 7, 1850. Sess. Laws, p. 15. 
 
 An act in relation lo the public schools iu the village of Watertown. Passed April 21, 
 1865. Sess. Laws, p. 918. 
 
 An act to amend ■' An act in relation to the public schools in the village of Watertown," 
 passed April 21, IWJS. Passed March 25, 1807. Sess. Laws, vol. 1, p. aw. 
 
 An act authorizing the assessment and collection rf a certain sum of money in school dis- 
 trict No. 2, in the town of Walervliet, county of Albany. Passed March 15, 1832. Scbs. 
 Laws, p. 71. 
 
 An act to authorize the trustees of school district No. 23, of the town of Walervliet, to 
 issue bonds to pay school debt. Passed April 20. 1866. Sess. Laws, p. 1575. 
 
 An act to erect a union school district iu the village of Watkins, and to create a board of 
 education tliercin, witli power of taxation and other powers, for school purposes. Passed 
 April 3, 1803. Sess. Laws, p. 03. 
 
 An act in relation to the Weedsport union school. Passed April 14. 1858. Sc/sg. Laws, 
 p 3:i4. 
 
 An act to enable the board of education of union free school district No. 1, Wellsville, New 
 York, to settle a dispute in regard to the boundary lines of the school-house site. Passed 
 April 3, 1800. Sess. Laws, p. bU7.
 
 Kelatixg to Schools. 489 
 
 An act to anthorize school district No. 2, of the town of Westchcptor, in the county of 
 Westchestor, to borrow money, and to issue bonds lor the same. Passed April IS, 1806. 
 Stss. Laws, p. 1413. 
 
 An act to incori)orate school district No. l,of the town of West Farms, Westchester county. 
 Passed March 31, 1852. Sess. Laws. p. 151. 
 
 An act to e^tnblish free schools iu district No. 1, in the town of West Farms, Westchester 
 county. Passed June 1", 185:5. Sess. Laws, p. 751. 
 
 An act to amend an act entitled "An act to establish free schools in district No. 1, of the 
 town of West Farms, Westchester county," passed June 17, 1.S53. Passed April 14, ISGO. 
 Sess. Laws, p. 1262. 
 
 An act to authorize the board of education of the union school district No. 11, in the 
 town of Whitehall, to borrow money to build a school-house in said district. Passed May 
 23, 1807. Sess. Laws, vol. 2, p. 2.384. 
 
 An act in relation to common schools in the town of Williamsburgh. in the county of 
 Kings. Pa.'sed April xS, 1844. Sess. Laws. p. 29!). 
 
 An act for the relief of John Hutchincrs. Passed May 8. 1845. Sess. Laws, p. 152. Anthor- 
 izinjz the board of supervisors to raise on district No. 1, Williamsburjjh, §3,000, to pay 
 said Ilutchin^^'S for building a school-house. 
 
 An act tor the relief of James D. Sparknian, William Leaycraft and Samuel Cox. Passed 
 May 14, 1845. Authorizes a tax on district No. .3. Williamsburi^h, to pay certain expenses. 
 
 An act to authorize the trustees of school district No. 3, in the town of Williamsburgh, 
 to borrow money for building a school-house. Passed November 10, 1847. Sess. Laws, p. 448. 
 
 An act to amend an act entitled "'An act in relation to the common schools of the city 
 of Williamsburgh," passed April 14, 1S51. Passed April 14, 1852. Sess. Laws, p. 413. 
 
 An act in relation to the common schools of the city of Williamsburgh. Passed April 14, 
 1851. Sess. Laws, p. 323. 
 
 An act to amend the act entitled " An act to consolidate the cities of Brooklyn and Wil- 
 liamsburgh and the town of Bushwick into one municipal government, and to incorporate 
 the same/' passed April 17, 18.">4. Passed April 6, 1857. Sess. Lav;s, vol. 1, p. 509. Section 
 11 grants power to organize a normal school. 
 
 An act to authorize the trustess of the school districts at the village of Williamsville, in 
 the town of Amherst and county of Erie, to make separate rate bills for the higher and pri- 
 marv departments of the schools kept iu said districts. Passed April 30, 184(5. Sess. Laws, 
 p. 132. 
 
 An act to enlar<re and fix the boundaries of union free school district No. 1, lying in the 
 towns of Wolcott, Huron and Butler, in Wayne county. Passed April 16, 1860. Sess. Laws, 
 p. 1311. 
 
 An act to divide the county of Wyoming into two school commissioner districts, and pro- 
 vide for the appointment of a school commissioner. Passed March 6, 1858. Sess. Laws, 
 p. 48. 
 
 Y. 
 
 An act to divide school district No. 2, of the town of Yonkers, into separate districts, and 
 to constitute and define the powers of the board of education in the new district. Passed 
 April 17, 1861. Sess. Laws, p. 054. 
 
 An act in relation to school district No. 6, in the town of Yonkers. Passed March 28, 
 1802. Sess. Laws, p. 222. 
 
 An act to enable the board of education of school district No. 6, in the town of Yonkers, 
 to mortgage the school property, wlien authorized so to do by a vote of the district. 
 Passed May 1, 1865. Sess. Laws, p. 1309. 
 
 An act authorizing the trustees of school district No. 8, in the town of York, to sell the 
 old school lot belonging to the said district. Passed November 11, 1828. Sess. Laws of 
 1S38 and 1829, p. 11 ; amended by act of April 11, 1829, p. 216. 
 
 An act in relation to school district No. 8, in the town of York. Passed January 21, 1836. 
 Sess. Laws, p. 7. Authorizes the sale of certain village lots, and (he investment of the 
 money received, or its expenditure in repairing and building school-houses. 
 
 62
 
 490 Cornell University. 
 
 THE CORNELL UNIVERSITY. 
 
 Chapter 585, Laws of 18G5, establisliiug the Cornell imiversity, contains a 
 
 Bection which is intimately connected with popular education and the common 
 
 schools. This section is as follows : 
 
 § 9. The said departments of study in the said university sliall be open to applicants for 
 admission thereto at the lowest rates of expense consistent with its welfare and etliciency, 
 and without distinction as to rank, class, previous occupation or locality. But, with a view 
 to equalize its advantages to all parts of the State, the institution shall annually receive 
 students, one from each Assembly district in the State, to be selected as hereinafter provided, 
 and shall give them instruction in any or in all the prescribed branches of study in any 
 department of said institution, free of any tuition fee, or of any incidental charges, to be 
 paid to said university, unless such incidental charges shall have been made to compensate 
 for damages needlessly or purposely done by the students to the property of said university. 
 The said free instruction shall, moreover, be accorded to said students in consideration of 
 their superior ability, and as a reward for superior scholarship in the academies and public 
 schools of this State. Said students shall be selected as the Legislature may. from time to 
 time, direct, and until otherwise ordered, as follows: The school commissioner or commis- 
 sioners of each county, and the board of education of each city, or those performing the 
 duties of such a board, shall select annually the best scholar from each academy and each 
 public school of their respective counties or cities as candidates for the university scholar- 
 ship. The candidates thus selected in each county or city shall meet at such time and place 
 in the year as the board of supervisors of the county shall appoint, to be examined by a 
 board consisting of the school commissioner or commissioners of the county, or by the 
 said board of education of the cities, with such other persons as the supervisors shall appoint, 
 who shall examine said candidates and determine which of them are the best scholars; 
 and the board of supervisors shall then select therefrom to the number of one for each 
 assembly district in said county or city, and furnish the candidates thus selected with a 
 certiftcatc of such selection, which certilicate shall entitle said student to admission to said 
 university, subject to the examination and approval of the faculty of said university. In 
 making these selections, preference shall be given (where other qualilications are equal) to 
 the sons of those who have died in the military or naval service of the United States ; con- 
 sideration shall be had, also, of the physical ability of the candidate. Wheue\^r any stu- 
 dent, selected as above described, shall have been, from any cause, removed from the 
 university before the expiration of the time for which he was selected, then one of the com- 
 petitors to his place in the university from his district may be elected to succeed him 
 therein, as the school commissioner or commissioners of the county of his residence, or 
 the board of education of the city of his residence, may direct. 
 
 In reference to the duties of school commissioners and supervisors, the 
 Superintendent issued the following circular : 
 
 •■[ 
 
 State of New York, 
 
 Depaktment of Public Instritction, 
 
 Albany, Dec. 20, 1S67. 
 
 I call the attention of school commissioners and supervisors to the act relating to the 
 Cornell university. The plans proposed for its nianagenient, while they omit nothing 
 which is essential to a good education, include all the practical sciences, some of whicli 
 liave had no place as yet in any considerable number of modern colleges. That of agricul- 
 ture will be a specialty. Students will be taught geolosry, mineralogy and chemistry with 
 direct reference to their connection with the cultivation of the soil. The large farm 
 nttached to the university will afford visible illustration of the manner of conducting opera- 
 tions throughout the year, and from one year to another. 
 
 The study of mechanics will also be aided by extensive workshops, in which pupils may 
 become skilled in the use of the tools and implements employed in various handicrafts. It 
 will be one of its chief aims to turn out young men litted to"take charge of manufactories, 
 machine shops, mills, mines — thus to aid in developing the industrial resources of the 
 nation. 
 
 The great feature of the university will be, however, its optional course of study. We 
 ore assured that it will not he a tread-mill in which every pupil will be required to take the 
 Bamc ste))s. Young men will be permitted to select from the general course such studies^ 
 as may suit their tastes and desires, or as may be adapted to "lit them for the pursuits or 
 vocation which they design to follow. They will be advised and directed in the choice of 
 studies, and not compelled to waste time and labor upon those not essential to the calling 
 of their inclination ; nor be left to wander, unguided, m uncongenial paths. If a desire for 
 military acquirements assumes control of the student's mind, "by his side will be a master 
 of military tactics ; if a knowledge of political i)hilosophy be his ambition, superior intelli- 
 Rcnce will direct him in its acquisition ; if he would be a successful tiller of the soil, by 
 making " the good seed yield, some iifty and some an hundred fold," competent professors 
 will encourage and assist him in his preparation ; if ho as))ires to be an accomi)lis]ied work- 
 man in wood or iron, he will be aided by ('xperienced and skillful artisans. Iroiii whom he 
 may learn how to compete successfully with the mechanical skill of the world ; or, if he would
 
 Cornell University. 491 
 
 follow any of the " learned profession?." departments will be provided in which he may lay 
 broad anil deep those foundations of knowlodj;e upon which m the future he may build a3 
 high as human ambition can hopefully ai^pire. 
 
 The Cornell university is not founded mainly, nor in any sense, to give theolo;;icaI 
 instruction. There will "be no rule excluding; from its faculty and classes men and pupils 
 of any creed or laith. It will be the duty of the faculty to instruct students in the j,'roat and 
 Biraple principles of morality as taii;;ht by nature and revelation, and in the secular knowl- 
 edge proper to each department, but theological tenets will not be intruded upon their 
 minds. Their instruction in these matters will be lelt to their parents and such other 
 persons as may be chosen for their spiritual advisers. It must be decidedly understood 
 that the pupils at the university will be subject to the watchful care and superintendence 
 of the faculty, which will be composed of men of unexceptionable cl.iiracler : that vicious 
 and mischievous young men will not be sufl'ered to remain in tint institution, arid that, as it 
 will not depend for its existence upon tuition fees, there will be no hesitation in expelliMg 
 unruly and immoral students. 
 
 The endowment of the university will be ample. It will start with an annual income 
 Bufticient to defray all ol its expenses. The unprecelentcd liberality of Jlr. Cornell places 
 It on a secure foundation, and the State, by bestowinir upon it the m:ignificent land grant 
 of Congress, has put it beyond the danger of want or failure. 
 
 It will be seen by rcfefcnce to the law that from the number of candidates may be 
 appointed annually "in each county as many as there arc Assembly districts ; that those so 
 appointed will be entitled to admittance int'o the institution as State pupils, without charge 
 for tuition ; that they may enjoy all its privileges, and if need be share in the di^gree of aid 
 that will be given to those unable to provide' for their necessary expenses. Labor on the 
 farms or in the workshops will yield a partial support, and diligence in study and good con 
 duct will secure substantial assistance. 
 
 If any one thinks the number to be appointed small, and hardly deserving the consideration 
 of the school commissioners and supervisors, let him remember that there are lis Assem- 
 bly districts in the State, and that the number in the university as State pupils, if they 
 should only remain for a three years' course, would be 384. It, however, some should 
 remain four years and longer, in "order to perfect themselves in particular studies, it may 
 well be presumed that the State pupils will in time number at least five hundred in constant 
 attendance. Very few colleges in this country have live hundred students, A tuition fee 
 of fifty dollars a year fiu- such pupils is a moderate estimate. The Cornell university, 
 therefore, is required by law to give gratuitous instruction to not less than five hundred 
 Btudents, at an animal expense of $2.">,000. But it proposes to do more, by way of loan, to 
 enable worthv and diliL'cnt youths to pursue their studies without interruption, upon their 
 promise to pay after they shall be established in business. The endowment of the univer- 
 Bitv will soon warrant "tlie use of a large sum of money annually in such loans, and the 
 belief is entertained that the losses of nionev thus advanced would be comparatively small, 
 for the debt incurred would be regarded as a'debt of honor, to be paid out of the lirst fruits 
 of the education so obtained. It' may also be mentioned that, by private donations, pre- 
 miums will he oll'ered to students makinsr the best progress in various studies according to 
 a plan detaili.-d in the university circulal- of announcement, varying from ten to fifty dol- 
 lars each, and amounting in all to over seven hundred dollars. 
 
 This university will be liberal in its encouragement to students, and the supervisors and 
 commissioners should not stop with the appointment of the quota of pupils to whict their 
 respective counties may be entitled. They should use their influence to induce other 
 meritorious and promisi'ng young lads who may be candidates at the examination to become 
 ptudenis at this or some o"ther university. An earnest and encouraging word or sugges- 
 tion from them may lead many of the unsuccessful but meritorious applicants to share in a 
 liberal culture. The competition for appointment was not devised merely nor chiefly for 
 the benefit of the appointees, but for the benefit of a trreat multitude of young persona 
 whose minds will be inspired to nobler efforts and awakened to higher aspirations by the 
 ineparations which will be going on in the schools for months previous to each examina- 
 tion, by the inquiry itself, and by the honors and superior privileges conferred upon those 
 who are successful" 
 
 The commissioners are advised to send a circular to the trustees of all the common 
 schools and academies in their respective districts, notifying them of this prospective 
 examination, and urging them to call the attention of their teachers and schools to it. 
 They are also directed, in their annual round of visits to schools, to call the attention of 
 local school ofticers, parents, teachers and pupils, to the facilities which this university 
 will on"er for the acquisition of a sound and useful education. Let no school be overlooked. 
 Each worthy young lad has a right to know that he may compete for the honor of repre- 
 senting his"As"sembly district in the Cornell university. 
 
 It is suggested that the steps of the commissioners, to give full cflect to the law, be sub- 
 etantiallv in the foUowincr order: 
 
 1. To prepare and send forthwith to the sole trustees, and all the boards of trustees of 
 common schools and academies, within their respective commissioner districts, a circular 
 letter, with the announcement of the trustees of the university, informing them of the 
 examination and its purposes, and soliciting their generous co-operation in directing the 
 attention of teachers, pupils and parents to the university, and to the steps necessary for 
 the preparation of students for participation in its superior privileges. 
 
 2. In their round of peisonal visitation of the schools to repeat viva voce to the trustees 
 the purpose of the circular, to urge upon parents, teachers and schools the importance of 
 early and continued preparation, not for the sake merely of a hoped for success, but for the 
 sake of the healthful iulluencc of the eflort upon bolli people and schools. At the samj
 
 492 Town Taxation. 
 
 time, the commissioners may deem it best to notify the schools that they will, on some 
 future day, select candidates for the examination, upon evidence of their qualifications 
 shown by a personal inquiry; or, if this be impracticable, upon the recommendation of the 
 teachers and trustees. The choice of candidates may be deferred till after the appointment 
 of examiners by the board of supervisors; but when made the commissioners should 
 notify each candidate thereof in writing, and also of the time and place chosen for the exam- 
 ination. 
 
 3. To see to it that the supervisors, at their next meeting, do appoint proper persons to 
 assi^^t in the examination, and that at the earliest day practicable in the ensuing fall they 
 name the time and place for it to be held. 
 
 4. To invite the persons appointed by the board of supervisors to meet for the purpose 
 of organization, consultation and agreement upon the character and manner of the examina- 
 tion, keeping in view the requirements for admission into the university as set forth in the 
 announcement of its trustees. 
 
 The number to be selected by the commissioners for the competition is not limited, but 
 it is believed that the board of examiners should recommend to the board of supervisors 
 for appointment those only who shall have passed a thorough examination and shall possess 
 not merely the qualifications of good scholarship and good morals, but also the physical 
 health and robustness of constitution which will enable'them to pursue, steadily and to the 
 end, the course of study prescribed or selected. 
 
 V. M. RICE, 
 
 Supenntendent of PuUic Instruction. 
 
 TOWN TAXATION". 
 
 TOWNS MAT BAISE MONET FOR THE SUPPOBT OF SCHOOL BT VOTE IN TOWN MEETING. 
 
 1. By sections Ifi, 17 and 18, Rev. Stat., chap. 15, art. 2, title 3, part 1 (see 3d ed., pp. 529, 
 530), the boards of supervisors were required to raise annually, by tax upon each town, a 
 Bum of money equal to the school moneys apportioned to such town. The school moneys 
 apportioned prior to 18.51 were the revenues of the common school fund and United States 
 deposit fund, appropriated annually for the support of common schools. 
 
 2. By subd. 3, § 9. of chap. 9, title 2, part 1, Rev. Stat, (see p. .388. .3d ed. Rev. Stat.), the 
 electors of every town in town meeting had power "to direct such sum to be raised in such 
 town, for the support of common schools for the then ensuing year, as they may deem 
 necessary, but not exceeding a sum equal to the amount required by law to be raised 
 therein for that purpose." 
 
 3. By section 9, chap. 151, Laws of 1851, p. 293, Sess. Laws, sections 16, 17 and 18, Rev. 
 Stat, (above mentioned), were repealed. 
 
 Did this repeal take from the towns the power to raise money for schools ? Was not the 
 rule governing the amount to be raised changed and the power lo raise the money left intact 
 to be governed by a new rule? Chap. 151, Laws of 1853, required a State tax to be levied 
 of $800,000. A subsequent act, chap. 180, Sess. Laws of 1850, p. 290, made the tax three- 
 quarters of a mill on every dollar of valuation. Chap. 406, Laws of 180", § 3, makes this tax 
 one and a quarter mills u])on the dollar. 
 
 Have not the towns severally power to raise, for the support of schools, an amount equal 
 to the State school tax levied upon them ? 
 
 Banks' ed. of the Revised Statutes, vol. 1, p. 817, omits subd. 3 above mentioned, giving 
 towns the power of taxation, and a note appended states that it was repealed by chap. 151, 
 Laws of 1851, above mentioned. The omission was an error. The law authorizing towns 
 to raise money for the support of schools by a vote in town meeting is not rejiealeddirectly, 
 nor by implication. " The amount required by law to be raised therein for that purpose" 
 is one and oue-fonrth mills on each dollar of valuation, aud they may now raise any sum 
 not exceeding that amount. A vote of the people in town meeting would authorize and 
 require the board of supervisors to levy on the properly of the town, as assessed, the sum 
 voted, not exceeding the amount of the State tax for schools as apportioned by the Comp- 
 troller.
 
 INDEX. 
 
 A. 
 
 Academies. 
 
 FAOE. 
 
 Appropriations to, for the education of common school teachers, 463, 464 
 
 Actions against School OrFicERS. 
 Costp, when allowed, 235 
 
 Acts. 
 Titles of school acts, 454 
 
 Adjournment. 
 Power of district meetin<»s, 107 
 
 Adverse Possession. 
 
 Sites maybe held by, 110 
 
 What constitutes, 110 
 
 Albany. 
 
 Normal school act, 206 
 
 Supervision of normal school 4 
 
 Allodial. 
 
 Wliat arc allodial lands 2.53 
 
 The term defined 253 
 
 Annulment op Teacher's Ceutipicate. 
 
 By State Superintendent, 10 
 
 By school commissioners, 23 
 
 Appeals to State Superintendent. 
 
 \VTien and how to be brousrht. 220 
 
 Testimony taken by school commissioners, 38 
 
 Digest of decisions, 293 
 
 Appeals. 
 [The f(iUo7ving references are to the BigeM.'] 
 
 Jurisdiction of Superintendent, 44fi. 452 
 
 It is a rule of tliis dcp.irtnuMit that all acts of school district ofBcers will be regarded 
 
 as reLTiihir unless duly appealed from 293 
 
 It is tlie policv of the department to discourage the bringing of appeals for light and 
 
 trilling eaiises, ' 203 
 
 The Saperintendent of Public Instruction will not entertain appeals in relation to fines 
 
 and i)cn:ilties. The imposition of fines and penalties belongs to the courts of law, 293 
 Appeals from tax lists must be brought bj' the paity ooiisiderinff himself aggrieved, 
 
 immediately upon becominjr apj)rised of the existenro of such tax list. A delay 
 
 until collection is enforced by levy and sale will be fatal, 294 
 
 Appeal disretrarded for vagueness of statement 294 
 
 Appeals to tliis department will not be considered unless they are legible and intel- 
 
 li^'ible in statement 294 
 
 The deiiartment will not entertain questions of controversy that are at issue before the 
 
 civil courts, 294
 
 494 Index. 
 
 PAQE. 
 
 Equitable relief cannot be afforded where the same is contrary to law, 295 
 
 If commissionort" withhold assent to raise a tax for building a school-house larger than 
 
 $400 ($1000), their refusal is subject to review upon appeal, '. 295 
 
 What questions are to be decided by the department in reviewing the action of local 
 
 boards altering the boundaries of districts, 29T 
 
 An appeal from corrections in a tax list made at the suggestion and desire of the appel- 
 lant will not be sustained. Tax lists must he made out from the last assessment 
 
 roll, otherwise they are not valid, 297 
 
 Appeals should oe brought promptly, or it may be too late to apply a remedy, 298 
 
 Appeal dismissed on account of defective affidavit 293 
 
 Appeal dismissed on ground of vagueness of statement, 293 
 
 An appeal from a tax list, on whatever grounds, must be brought before a levy and pale 
 
 is made, to jusrify interference of this department, 293 
 
 Real parties in interest will be heard upon appeal, 299 
 
 Appellants must Btate their case clearly and prove it conclusively in order to justify 
 
 interference, 299 
 
 An appeal will be dismissed for obscurity of statement, 299 
 
 Power of the department to grant rehearings in matters of appeal considered, 290 
 
 Apportionment op School Moneys. 
 
 By State Superintendent, 43, 46 
 
 Supplemental 47 
 
 Deficiencies in, how made up, 54 
 
 By school commissioners, 54 
 
 Certificates of, 55 
 
 Erroneous, how rectified, 46 
 
 Forms and instructions for 56-61 
 
 Errors, how corrected 62 
 
 Assessment. 
 
 Of property for district taxes, 171 
 
 Of railroads, 178 
 
 Of real estate, ; 178 
 
 Of personal property 179 
 
 Claim for reduction on tax list, 182 
 
 Assessors. 
 Valuation of railroads to be apportioned among districts, 178 
 
 B. 
 
 Banking Corporations. 
 
 Taxable, how and when 169 
 
 Law for the taxation of, 258 
 
 Barr, S. D. 
 Deputy Superintendent of Public Instruction, 3 
 
 Blind, Institution for the 
 
 Incorporation of, 11 
 
 Under visitation of Superintendent of Public Instruction 4 
 
 Pupils, how admitted 5 
 
 Regulations for admission, 6 
 
 Pupils, how supported 5 
 
 Benton, N. S. 
 Secretary of State and Superintendent of Common Schools, 3 
 
 Bonds. 
 
 By supervisors, 262 
 
 By collector 127. 193 
 
 Boundaries or School Districts. 
 
 Commissioner to define, 29, 75 
 
 Forms and instructions, 75-84 
 
 Brockport. 
 Normal school act, 282 
 
 Brooklyn. 
 Excise moneys for sale of liquors, hovr expended, 261
 
 Index. 495 
 
 Buffalo. 
 
 PAOB. 
 
 Normal school act, 291 
 
 BniLDINa COXXITTEE. 
 
 No power can be legally vested in (digest) 441 
 
 Not authorized by law, 139 
 
 c. 
 
 Cambria, Towk of 
 Annexed to first school commissioner's district, Niagara county, 268 
 
 Certificates. 
 
 Forms of, 84 
 
 Granted by school commissioners, 23 
 
 Granted by Superintendent of Public Instruction, 15 
 
 Of qualified teachers, 132 
 
 Annulment of, Ifi, 23 
 
 Chairman. 
 Of meeting, how appointed 107 
 
 CHAI.LEXGK. 
 
 Of unqualified persons, 103 
 
 Chambers, Jos. J. 
 Deputy Superintendent of Public Instruction, 3 
 
 Chester, Town of. 
 Annexed to second school commissioner's district, Orange county, 263 
 
 Cities. 
 
 Apportionment to. from United States deposit fund, 43 
 
 Taxes in, for support of schools, 342 
 
 Clerk of Board op Supervisors. 
 
 Required to raise school tax 41 
 
 Clerks in superintendent's office 3 
 
 Clerk op School District. 
 
 Must notify persons elected to district offices 126 
 
 General duties of, ' 129 
 
 Must be pies^cnt at all meetings, 107 
 
 Vacancy in office, how filled, .' 127 
 
 Cftnnot be trustee 125 
 
 Clerk of District. 
 
 [T he follotoing references are to the Digest. 1 
 
 Only two cases in which a district clerk can lawfully call a special meeting except on 
 order of trustees : First, where time for annual meeting has passed without any 
 such meeting being held; and, second, where all the trustees have vacated their 
 office 304 
 
 The clerk should keep a record of every thing that is done by a meeting, and his 
 minutes should show what resolutions were rejected, as well as those that were 
 carried 304 
 
 Duty of clerk to notify every person of his election, even though he were present. 
 "Collector must give a bond, however responsible he may he. He cannot enforce 
 collection without a bond, 304 
 
 Collector 
 
 Cannot be trustee 125 
 
 District meeting may fix bail of, 104, 109 
 
 Vacates office by not giving bonds, 127 
 
 To return uncollectednon-resident tax 187 
 
 To execute bond 103 
 
 May receive voluntary payments for two weeks 194 
 
 Fees of, 194 
 
 To have custody of certain district moneys, 19T
 
 496 Index. 
 
 PAGE. 
 
 Shall report at annual meeting, 197 
 
 Shall make up for district money lost through his neglect, 193, 198 
 
 Form of collector's bond, 193 
 
 How and when to collect taxes, 191 
 
 Not bound to give notice that tax list is in his hands, 193 
 
 Amount of his bail 193 
 
 Where he may execute his warrant, 195 
 
 Renewal of his warrant, 195 
 
 Power to coUect expires with return day of warrant 193 
 
 Collector. 
 [These references are to the Digest.] 
 
 Fees, how collected, 443 
 
 Juri sdiction and liabilities under warrant, 444, 450 
 
 Liability on warrant, 444, 450 
 
 Distraining 444 
 
 Clerk may be collector, 445 
 
 Collector's bond, by whom sued, 449 
 
 Must hold warrant two weeks, 450 
 
 IIow far warrant is i)rotection, 451 
 
 The law has not specified anytime within which a warrant for the collection of a tax 
 
 shall be delivered to the collector, 301 
 
 A school district collector's bond requires an internal revenue stamp of one dollar. 
 The collector must file this bond and pay the necessary expenses of procuring the 
 
 bond and stamp, 301 
 
 Jurisdiction of collector, 301 
 
 Collector must execute to trustees a bond before he can legally enforce the collection of 
 any tax list placed in his hands. He need not give notice to the inhabitants that he 
 
 has received the warrant from the trustees, 301 
 
 If a person who is ineligible to the office has been apjjointed collector, and the tax 
 payers refuse to pay him, he cannot, without rendering himself a trespasser, pro- 
 ceed to collect of such tax payers by levy and sale. A district collector cannot 
 
 perform his ofHcial duties by deputy, 303 
 
 The collector by law has no right to pay over moneys except upon the order of trustees. 
 
 He is, in fact, the treasurer of the district 302 
 
 Collector vacates his office whenever, by leaving the district, he cannot perform col- 
 lector's duties, 302 
 
 The collector is not required by law to give any notice whatever that he has a tax list ; 
 hence, he is entitled to five per cent after he has had the warrant two weeks, though 
 
 no notice has been given, 302 
 
 The statute prescribes no limit within which the second renewal must be made. 
 Hence, though three months have elapsed since the first renewal, the warrant is 
 
 still renewable with the cousent of the supervisor, 302 
 
 Collector resjjonsible for losses through neglect, 302 
 
 Trustees not bound to indemnify collector, 302 
 
 The refusal of a district collector to serve vacates his office, 302 
 
 Where a collector cannot perform his duties from sickness or otherwise, trustees must 
 
 appoint 302 
 
 Under no circumstances is a collector authorized to sell real estate. If he cannot levy 
 on enough personal property at one time to satisfy the warrant wliich he holds, he 
 
 can keep on levying till he dbtf: obtain property enough to i)ay the tax, ... 303 
 
 Collectors the proper custodians of district moneys, and they need not pay them over 
 to trustees. They should pay only on the written order of one trustee, or a 
 majority of the trustees, which order should state the purpose for which the money 
 
 is to be paid, 303 
 
 Trustees must require a bond of collector for the fiiithfnl discharge of his duties, etc., 
 before collector receives first warrant for collection of district tax. If they neglect 
 euch requirement, said trustees are liable to district for any loss or damage result- 
 ing from their neglect, 303 
 
 Colored Schools. 
 How established and maintained 224 
 
 Colored Children. 
 [TTiese references are to the Digest.] 
 
 Colored children are entitled to attend the common school.s in this State, in all dis- 
 tricts, except those in which, by law, provision is made for their education in sepa- 
 rate schools 304 
 
 Colori'd children cannot be excluded from the common schools unless a separate school 
 for their I'ducat ion has been organized by the district, 305 
 
 Negro children slumld be ndniitted to district schools, where no separate school for them 
 has been est'iblisli^d by district ...800 
 
 Trustees have no riglit nor authority by law to exclude colored children from district 
 school, except they maiutaiu a " school for colored children," 800
 
 Index. 497 
 
 COUFTBOLLEB. 
 
 PAOE. 
 
 Warrant for salaries of school commissioners, 20 
 
 Warrant for moneys raised by tax ■ •. ■ ■ 41 
 
 May withhold income of school fund and U. S. deposit fund from counties failing to raise 
 
 and pay over school tax ^ 
 
 EzpeuseB of teachers' institutes, S*! 
 
 Commissioners. 
 
 [See School Commissioners.] 
 
 Common School Fund. 
 
 How apportioned 43 
 
 First act to create, . 462 
 
 Common Schools. 
 
 See Schools. 
 
 How supported, !W1 
 
 Contingent Fund. 
 Apportionment of, 43 
 
 Cornell Universitt. 
 
 State Superintendent, trustee of, 4 
 
 Law requiring the admission of State pupils, 490 
 
 CouNTT Clerks. 
 To certify election of school commissioners, 19 
 
 County Judge. 
 
 May fill vacancy in office of school commissioners, 20 
 
 May appoint some pereon to disburse school moneys, 64 
 
 Costs and expenses of trustees, 237 
 
 D. 
 
 Deap and Dumb, Institution tor the 
 
 Fnder visitation of Superintendent of Public Instruction 4 
 
 Pupils, how admitted, 5 
 
 Pupils, regulations for admission, 6 
 
 Pupils, how supported 5, 292 
 
 Pupils under twelve and over six years old, T, 292 
 
 When incorporated, 6 
 
 Decisions. 
 
 Digest of Superintendent of Public Instruction, 293 
 
 Digest of New York State courts, 440 
 
 Dedication. 
 Of sites for school-houses, 112 
 
 DELETt, Town of 
 Annexed to second school commissioner's district, Delaware county, 264 
 
 Deputt State Superintendent. 
 
 Appointment of, 2 
 
 Salaryof, 3 
 
 Digest. 
 
 Decisions of State Superintendent, 293 
 
 Decisions of New York State courts, 440 
 
 Diplomas. 
 
 Of normal schools, 132 
 
 How annulled, 16, 23 
 
 Districts. 
 
 What are entitled to public moneys, 44 
 
 Joint, must bear same number in each commissioner district, 75 
 
 63
 
 498 Index. 
 
 PAGB. 
 
 Formation, alteration and dissolution of, 22,75-92 
 
 Special meofin2;s in, 23 
 
 Annual nieetinijs in, 97 
 
 Officers of. qualifications and terms of ofiace, 104, 108 
 
 Officers of, may resign, 128 
 
 May unite libraries 203 
 
 Powers of inhabitants at district meetings. (See Meetings.) 
 
 Apportionment to 44, 56, 61 
 
 Equitable allowance to 46 
 
 Moneys, how forfeited by 62 
 
 Joint districts, how formed 88 
 
 Consolidated districts, property of, 89 
 
 Annulled districts, property of, 89, 91 
 
 Dissolved districts, exist for certain purposes, 93 
 
 Dissolved districts, records, etc., how disposed of, 92 
 
 School commissioner districts, list of, 490 
 
 Districts, School Commissioner 
 
 Altered only by Lesjislatnre, 18 
 
 Chester, part of second district. Orange county, 263 
 
 Cambria, part of tirst district, Niagara county 263 
 
 Delhi, part of second district, Delaware county, 264 
 
 List of districts in the State, 490 
 
 Dix, John A. 
 Secretary of State and Superintendent of Common Schools, 2 
 
 Domicile. 
 Defined, 99 
 
 E. 
 
 Election op Ofpicees. 
 
 Of district officers 108 
 
 Notices of, to persons elected, 126 
 
 District officers, when elected, 125 
 
 Of State Superintendent, 1 
 
 Of school commissioners, 18 
 
 Of boards of education, 203 
 
 Election op Officers. 
 
 [These references are to the Digest.'] 
 
 An adjourned meeting cannot rescind an election of district officers, 306 
 
 Nor can an officer, once elected, be displaced by vote of district, 806 
 
 Any district n\ay elect an officer to fill an existing vacancy, although thirty days may 
 
 have elapsed .since its occurrence,. 306 
 
 The inhabitants, when lawfully assembled at any district meeting, may choose district 
 
 officers to fill vacancies, : 306 
 
 School district officers cannot be elected by a^ij/rrt/i/?/ vote. The statute requires a 
 
 Wrt/on/jy to elect, 306 
 
 Evidence of a mere po-isibiliti/ of an election having been carried by illegal votes will 
 
 not vitiate the election 307 
 
 Legality of proceedings in certain elections for trustees considered and decided 307 
 
 Conditions and tenure of office of trustees elected at meetings not called or held accord- 
 ing to law, commented upon, 308 
 
 Eminent Domain. 
 
 8itP9 acquired by right of, 243 
 
 Defined 249 
 
 Under what limitations exercised, 254 
 
 Equalization. 
 Of taxes in districts composed of parts of two or more towns, 183 
 
 Eslebck, Welcome. 
 Appointed Superintendent of Common Schools, 1
 
 Index. 499 
 
 PAOS. 
 
 Ofteachers, 29, 34 
 
 Exemption. 
 
 Property exempt from execution, 101 
 
 Property exempt from tax list, 102, 191 
 
 Property exempt from taxation, 171, ISO, 191 
 
 Of minister for $1500 172, 177 
 
 Of certain military persons 174 
 
 From tax to buildschool-houso, 188 
 
 F. 
 
 FEtTDAii System. 
 The tenure of land under the, 349 
 
 Fines and Penalties. 
 
 Enumerated, 50 
 
 How paid and apportioned 50 
 
 Where supervisor refuses to give bonds, 67 
 
 Where embezzles school moneys, 67 
 
 Where ncijlccts to make certain returns, 68 
 
 Duty of siipervisor to sue for, 69 
 
 For refusal to irive notice of district meeting, 95 
 
 For ille^'al voting, 103 
 
 For refusal tn serve in district office, 128 
 
 Where trustee employs unqualified teacher, 133 
 
 Whore fails to render annual account of moneys, 150 
 
 For makin;; false report 152 
 
 For neglect of library by trustees, 203 
 
 For loss of school moneys, through neglect, 234 
 
 For neglect to prosecute as required by law, 234 
 
 For disturbing school meeting, 234 
 
 'School commissioner, for acting as book agent, 21 
 
 Suits for, in what time to be brought, 52 
 
 District attorneys to report, 53 
 
 To whom to be paid, 53 
 
 For whose benefit, 53 
 
 Officers ncL'lecting to pay over moneys collected, 53 
 
 For unlawful voting 103 
 
 For refusing to accept office 1"-J3 
 
 When teachers fail to keep lists, etc., 133 
 
 When trustee fails to pay over halance in his bands, ....'. 150 
 
 Moneys uncollected by collector, 198 
 
 Under library regulations 207 
 
 Suits for, by whom to be prosecuted, 50, 234 
 
 Flagg, a. C. 
 Secretary of State and Superintendent Common Schools, 3 
 
 Formation and Alteration op School Districts. 
 
 School commissioners, full power as to, .... 22, 75 
 
 Supervisor, when to act in, 69 
 
 Town clerk, when to act in, 78 
 
 Forms and instructions 75-84 
 
 Order, when trustees dissent 84-86 
 
 Formation and Alteration of Districts. 
 {These references are to the 'Dxgest.'\ 
 
 A conditional consent to the alteration of a district cannot be given. The trustees mnst 
 
 either give or withhold their consent. They can annex no conditions, 308 
 
 Small and weak districts ouLjht not to be formed, 308 
 
 How long a district established on appeal may remain unchanged, 309 
 
 The dissolution or annulling of a district is not an alteration 300 
 
 A supervisor and town clerk cannot act in the formation or alteration of a school district 
 without the presence of the town superintendent (school commissioner), 309
 
 500 Index. 
 
 rAGK. 
 
 A school district cannot be formed out of the central portion of another district, leaving 
 the territory of the latter disconnected 309 
 
 It is the settU^d policy of the Department of Public Instruction to favor the consolida- 
 tion of weak and inefficient districts, 310 
 
 Where innabitants have been properly set off from one district to another, and the town 
 clerli has omitted to record the order, they will be regarded as inhabitants of the 
 district to which they have been annexed after it has been acquiesced in for five 
 years, 310 
 
 An order, issued by a commissioner, altering a district, which does not recite the con- 
 sent or rcfnsal of the trustees of the atl'ected district, is absolutely void, ab i/n/io, .. . 310 
 
 Town superintendents Cscho3l commissioners) should always give notice to the tms- 
 tees of their intention to consider any proposed alteration of their district, so that 
 thev may have an opportunity of associating with them the supervisor and town 
 cl.eflf 310 
 
 The statute authorizes the association of the town clerk and supervisor with the town 
 superintendent (school commissioner), upon the application of the trustees of any 
 district to be affected by their action 311 
 
 If only one trustee make such application, such board does not obtain jurisdiction 
 of the subject-matter ; the application of a majority of all of such trustees is 
 necessary, 311 
 
 Town superintendents (school commissioners) have no authority to alter the boundaries 
 of a school district, if the same have been established by this department upon 
 appeal, until after the lapse of three years from the time they were so established, 
 without express permission of the State Superintendent, 312 
 
 The Superintendent of Public Instruction will reverse an order of a town superintend- 
 ent (school commissioner) annexing one district to another, where the inhabitants 
 of either are opposed to the union, and have sufficient means for the support of a 
 school, it being an abuse of his discretion 312 
 
 Trustees cannot give notice for themselves, and receive It f )r the district as trustees, of 
 an application to be set off to another district, and assent to being set off in their 
 official capacity. They cannot act in a two-fold capacity 313 
 
 The town clerk and supervisor have no power to review an order to alter a school 
 district 313 
 
 A commissioner having made an order altering a district, and the trustees dissenting, 
 and asking the town clerk and supervisor to be associated with the commissioner, 
 in a review of the case two adjournments were had, and the commissioner made an 
 order confirming his first order, without waiting for the second meeting : held, that 
 his order was void 314 
 
 A commissioner having fixed the date when an order for the alteration of a district 
 shall take effect, cannot, by a subsequent order, extend the time, 315 
 
 A commissioner cannot appoint a day for hearing objections to an order for the alter- 
 ation of a district subsequent to the date fixed for it to take effect. A confirmatory 
 order made on such subsequent day is void, 316 
 
 A school commissioner has no power to declare illegal a meeting held to decide upon 
 the formation of a union free school district, and to authorize another meeting, 317 
 
 A district is not annulled unless all its parts are annexed to adjoining districts, so that 
 nothing of the original district remains, 318 
 
 Unless the commissioner's order for the alteration of a district recites the refusal or 
 consent of the trustees, it is null and void, 318 
 
 It is only after a school commissioner has granted an order for the alteration of a school 
 district, that the supervisor and town clerk can be associated with him to review 
 his proceedings, 318 
 
 A school commissioner has no jurisdiction to alter a school district until the trustees 
 thereof have been asked and have given or refused to give their consent 319 
 
 The order for the formation of a district must contain a recital of such consent or 
 refusal, 319 
 
 A district cannot be compelled to rebuild where school-house has been destroyed ; but, 
 where it for a long time refuses to do so, may be annulled and attached to others 
 adjoining, .319 
 
 School commissioners not to form new districts until boundaries are defined by inhabit- 
 ants 319 
 
 School commissioners may, at any time, amend the records of district boundaries, 319 
 
 Commissioners only have power to form and alter school districts 319 
 
 Boards of supervisors have no power to alter school commissioner districts, 320 
 
 Apportionment of property of dissolved district, 320 
 
 Districts, how consolidated or annulled, 320 
 
 Annulment of a district rests with school commissioner, 320 
 
 The personal convenience of one or two inhabitants will not bo permitted to control in 
 the alteration of districts, where such alteration would detach property from a weak 
 district and attach it to one much stronger 320 
 
 Where an order for the alteration of a district is alleged to have been made, but no such 
 order is found to bo recorded by the town clerk, other evidence in proof of the fact 
 of such order being made will be received 320 
 
 A school commissioner lias no power to adjudicate upon the validity of an order made 
 by his predecessor, 320
 
 Index. 501 
 
 PAGE. 
 
 The department will not sanction the settincr off of a person from a wealc district to a 
 stroiij,' one, on account of a difficulty which he may have in the district where he 
 resides 321 
 
 An alteration of a school district, lyin^ partly in the districts of two commissioners, 
 cannot be eftected without the joint action of the commissioners. Consent of 
 trustees to an alteration of district should recite the fact of a meeting and consulta- 
 tion 321 
 
 Where a new district has been erected to settle a controversy, the inhabitants of such 
 district protesting that they were able to maintain a school, it should not subse- 
 quently be enlarged at the e.'cpcnsc of surrounding districts, *. .. 321 
 
 Local boards for the alteration of districts cannot act upon districts lying outside their 
 own town 321 
 
 A commissioner has no power to divide a union free school district, 322 
 
 The department will not set aside a consolidation proper in itself, because of the exist- 
 , ence of new elements of opposition that have arisen since the consolidation was 
 effected,... 322 
 
 The supervisor and town clerk cannot act with the commissioner in altering the bound- 
 aries of districts unless so requested, 322 
 
 The consent of trustees to an alteration of their district requires a meeting, and the 
 fact of a meeting should be set forth in the written consent given, 322 
 
 Order altering district boundaries will be set aside when the new boundaries are not 
 detinod by other lines than farms described by the names of the occupants, 323 
 
 An order, delining the boundaries of a district, not intended as an alteration, and made 
 under an evident or probable misapprehension of facts, will be vacated 323 
 
 ■Wliere it is proved that notice of an alteration has not been given, and the same has' 
 not been recognized or acted upon, the order for such alteration will be vacated, 323 
 
 Commissioi:cr justified in offering the alternative to a district, to build a new school- 
 house or be annulled 324 
 
 Absence of the record of the formation of a district is not material when such formation 
 is otherwise conclusively established 324 
 
 An order consolidating districts will not be set aside on the ground that the inhabitants 
 of one of the districts are nearly unanimously opposed to it, 324 
 
 Where certain duties are required of public officers, their performance will be presumed, 
 unless th'- contrary i.s shown, 325 
 
 Where the trustees have given their consent to an order annulling a district, there is 
 nothing in the proceedings which can be stayed by an appeal, 325 
 
 Where an order has ouce been made by a town superintendent annulling a certain 
 school district, wh:c!i said order has never been enforced, though duly recorded, it 
 may be enforced upon the demand of competent authority, 325 
 
 Where the presumiition is in favor of the regularity of proceedings in the alteration of 
 district boundaries, the order making such alterations will be sustained, 326 
 
 Where trustees were mlsinfonned as to the extent of the powers of town officers in a 
 proceeding for the alteration of the boundaries of a school district, and, consequently, 
 neglected to exercise those powers, the order of the commissioner in the proceed- 
 ing will be set aside, 326 
 
 Where a contract has been made, under authority of the district, to build a school-house, 
 and a subsequent meeting votes to changeand build on a new site, directing the 
 trustees to pay any damages claimed by the contractor on account of the change in 
 location, such action confers dangerous powers on the trustees, and is, therefore, 
 unlawful, 326 
 
 Begnlarity of notice to trustees of intention to define boundaries of district. Power of 
 arbitrators over alterations of districts,. 327 
 
 An order for the alteration of a school district, made by a board of local officers con- 
 vened for that purpose, should be signed by a majority of such board. Otherwise it 
 is irregular upon its face, not showing jurisdiction, 327 
 
 Individual opposition to a measure of public utility should be duly considered, but 
 should be allowed to have weight only as it has a substantial foundation in reason 
 and justice, 327 
 
 When order for alteration takes effect, 440 
 
 Free School Fund. 
 Defined, 44 
 
 Fredonia. 
 Normal Bchool at, 288 
 
 FtTEL. 
 
 When trustees may provide, 146 
 
 Geioirai. School Laws. 
 Titles of all acts, 4C1-4CG
 
 602 Index. 
 
 G. 
 
 Geneseo. 
 
 PAGE. 
 
 Normal school at, 286 
 
 Gospel and School Lots. 
 
 Snpervisors, tmstees of, 64 
 
 Report of funds, lots and Income, 49 
 
 Income, how invested and expended, 6.5 
 
 Titles of all acts concerning, 466-470 
 
 H. 
 
 Ha-vvlet, Gideon 
 Appointed Superintendent of Common Schools, 1 
 
 Holidays. 
 Included in school year, 44 
 
 Holmes, Samuel L. 
 Deputy Superintendent of Common Schools, ; 3 
 
 I. 
 
 Idle and Truant Children. 
 Act to provide for care of, , . 264 
 
 Indian Schools. 
 
 EqnitaWe sum to be set apart for, 43 
 
 Appropriation for 238 
 
 Under charoe of Superintendent of Public Instruction, 4 
 
 Titles of school acts relating to, 471 
 
 Insurance. 
 
 Of district school-houses, 135 
 
 Of library 136 
 
 Money for, how raised, 140 
 
 Installments. 
 When tax maybe voted by, 121 
 
 J. 
 
 Johnson, A. G. 
 Deputy Superintendent of Common Schools, 8 
 
 Johnson, H. "W. 
 Deputy Superintendent of Common Schools, 3 
 
 JorNT District. 
 
 Must bear same number in each commissioner's district, 75 
 
 Formation of, 75, 88 
 
 Dissolution of, 89 
 
 Definition of. • 75, 78 
 
 Reports of trustees, how made, 165 
 
 K. 
 
 Ketes, E. W. ' 
 Deputy Superintendent of Public Instruction, 2, 3 
 
 Kings County. 
 Excise moneys, how expended, 261
 
 Index. 603 
 
 Lancaster Schools. 
 
 PAGE. 
 
 Act to incorporate, 462 
 
 Land, Ownership op 
 
 How it affects population and education, 251 
 
 What is property in land, 254 
 
 Set apart for gospel and schools, 467 
 
 LEAVENnvORTU, E. W. 
 
 Secretary of State and Superintendent of Common Schools, 2 
 
 Levy. 
 
 WTiat property subject to, 102, 191 
 
 Bale under, notice of, 195 
 
 Librarian. 
 
 Duties of, 130 
 
 Re^ilations for library, 205 
 
 Cannot be trustee, 125 
 
 Libraries. 
 
 Apportionment of moneys for, 43 
 
 Trustee may insure,. 136 
 
 When library money amounts to less than $3 it may be applied to payment of teachers' 
 
 wa<'cs, 137, 146, 202 
 
 Tax and State moneys for, 104, 199 
 
 Trustees to have custody of, 202 
 
 Trustees liable for books lost or injured, 203 
 
 Of two districts may be united, 203 
 
 Rules respecting, 205 
 
 Penalty for neglect of, by trustees, 203 
 
 Selection of books, 200 
 
 When library money may be applied to purchase of apparatus, 201 
 
 Insurance money and fines, how applied, ... 203 
 
 District libraries may be united, 203 
 
 Library moneys 45 
 
 Library moneys, how apportioned, 56-Cl 
 
 Applied to the purchase of books, 200 
 
 Library. 
 
 [These references are to the Digest.'] 
 
 That part of the district library purchased with money raised by tax upon the district 
 
 may be sold 323 
 
 Trustees may exohaii^je old library books for new ones 328 
 
 111 regard to cxcliaiigiug library books, 32S 
 
 A part of a district set otT to another is not entitled to a share of the library, 323 
 
 District lil)rarian is, by law. entitled to no compensation for his services 338 
 
 That part of district "library which was purchased by a tax on property of district 
 belongs to district, and may be disposed of by its voters, as they shall direct. But 
 that part bought with public money belongs to the State, and the district cannot 
 
 sell it " 32S 
 
 Trustees have title of, 446 
 
 License to Teach. 
 
 Examination for, "...., 16, 23 
 
 Annulment of, 10, 23 
 
 List op School Acts. 
 Titles of all school acts 454 to 489 
 
 Literature Fund. 
 Act to increase in order to promote the education of teachers, 463 
 
 M. 
 
 Meetings, School District 
 
 Notice of, and form of notice in new district, 99 
 
 When commissioner may call, 95 
 
 Special, how called, 96 
 
 Annual, wlion to be held, and manner of proceeding when not held, 97 
 
 Duty "f inhabitants to attend, 98 
 
 Qualiflcaiiou of voters at, 98
 
 604 Index. 
 
 PAGE. 
 
 Challenge of voters at, 102 
 
 Illegal voting at 103 
 
 Powers of inhabitants at, 104 
 
 After (;chool-house is condemned, 23 
 
 General powers discussed, 105 
 
 Organization of meetings, 107 
 
 Adjournment, 107 
 
 Election of district officers, 108 
 
 Must tix amount of collector's bond, 104, 109 
 
 Designate site of school-house, 104, 110 
 
 Disturbance of meetings, 234 
 
 Notice, in new district, how served, 94 
 
 Penalty for refusing to serve notice, 95 
 
 Not illegal for want of due notice, 96 
 
 Power to alter or repeal proceeding? 119 
 
 Sale of site, 123 
 
 Election and eligibility of officers, 195 
 
 Having resolved to have sole trustee, cannot reverse the order, 126 
 
 May accept resignations of district officers 128 
 
 Collector's bail to be fixed at annual meeting, 193 
 
 To organize union free schools, 211 
 
 Meetings. 
 [These references are to the Digest.] 
 
 Verbal notice to clerk to call a district meeting is sufficient. A trustee who attends 
 cannot object that he did not authorize the call, 328 
 
 Notice of meetings should specify the objects for which they are called ; but omission 
 is not fatal. An aggrieved party may appeal 328 
 
 A notice given by the district clerk for a meeting is legal, though the directions of the 
 trustees to the clerk to give such notice were verbal 329 
 
 The clerk of a district has no power to authorize any person to give notices for a district, 
 or to do any other act , 329 
 
 Where there is a deliberate omission to notify any taxable inhabitant of a special dis- 
 trict meetins:, at which a tax is voted to change site and build a new school-house, 
 this department will hold the tax list inoperative as to those so omitted to be notified, 329 
 
 When the inhabitants of a school district, at their annual meeting, elect trustees, their 
 proceedings will be held legal, although such election is made by a small minority 
 of the inhabitants, 330 
 
 It is the duty of the trustees, when requested by a respectable number of the taxable 
 inhabitants of their district, to call a special meeting for the transaction of any 
 legal and proper business which such petitioners may desire to bring before it,. 331 
 
 Where an adjournment of a special district meeting is had for a period of more than 
 one month, notice of the object of such adjourned special meeting is necessary, . . . 331 
 
 Notice of the object of an annual meeting is not required by law. Every inhabitant is 
 presumed to know that any business affecting the interest of the district may be 
 transacted without special notice thereof, 331 
 
 Trustees have no power to set aside or invalidate the proceedings of a district meeting 
 upon the assumption that they were illegal,. 332 
 
 Though illecfal votes are cast at such meeting, the trustees cannot set aside the proceed- 
 ings. The remedy is by appeal, 332 
 
 The inhabitants of a district have no power to dissolve or annul the district, 333 
 
 It is not in the power of a district meeting to control the trustees in the exercise of their 
 duty of prosecu'ing delinquent predecessors for not rendering an annual account, or 
 for not paying o^-er a balance of money remaining in their hands. A resolution 
 attempting to limit their power in this respect is void, 333 
 
 An estimate of expenditures must be submitted to vote, item by item 333 
 
 An item " for sexton, $50 " held to be illegal, being for an officer and purpose nnknown 
 to the law 333 
 
 Proceedings of district meeting set aside on account of fraud 334 
 
 Absence from a school meeting, because it was supijoscd the business of electing a trus- 
 tee was of minor importance, will not justify sotting aside the proceedings of such 
 meeting in voting a tax 334 
 
 The department will not interfere in a case in which an order of the department could 
 have no eft'ect to change the condition of things already established, and will not, 
 therefore, interfere, 334 
 
 A custom of delaying the organization of school meetings for one or two hours after the 
 regular time has no sanction in good usage 333 
 
 The department will not require trustees to call a special meeting to rescind proceedings 
 of an annual meeting, on the ground that the appellants were not present at such 
 annual meeting, ... 335 
 
 The proceedings of an annual meeting, organized within half an honr after the time for 
 the m^-eting, will not be set aside 336 
 
 Proceedings of an annual meeting where only two persons were present set aside, 336 
 
 The election of a trustee will be set aside when opportunity for a fair expression of the 
 voters was not given, whereby the result was uncertain, 330
 
 Index. 505 
 
 A meetino; of throe persons, at which it is voted to build a new school-house and levy a 
 tax therefor, set aside, 336 
 
 It does not follow of course that a petition to the trustees for a special meeting, how- 
 ever numerously signed, is to be granted 337 
 
 Clerk cannot refuse to give notice of a meeting ordered by a majority of trustees, upon 
 the ground of protest or refusal of third trustee, 337 
 
 A special meeting will not be ordered to act upon questions that have been deliberated 
 and acted upon at successive meetings, 337 
 
 A district meeting is not bound by strict parliamentary rules ; it makes its own 338 
 
 An annual meeting, not adjourned to any particular time, called by the clerk at six 
 o'clock, and organizitig and transacting business before seven, is void, 338 
 
 A motion to adjourn while another questidn is pending, and a ballot being taken on it, 
 cannot be entertained ; and an adjournment thus cflected is void, 338 
 
 Proceedings set aside for uncertainty, where, on a vote by ballot, more ballots were 
 deposited than there were voters present 339 
 
 The proceedings of a district meeting will not be set aside because the said meeting 
 was organized soon after the hour appointed, when but few of the inhabitants were 
 present 339 
 
 A special meeting for the purpose of directing the application of the public money will 
 not be ordered after the trustees have made their arrangements for a school upon 
 proper basis of division fixed by themselves, 339 
 
 Trustee? will not be directed to call a special meeting to take action upon questions 
 which have passed bevond the jurisdiction of the inhabitants, 340 
 
 An annual meeting held "on the second Tuesday of October, though without notice, is 
 legal, that being the day now prescribed by law 340 
 
 The pVoceediugs of a meeting will not be set aside because of neglect to administer the 
 prescribed form of declaration to persons challenged, when it is shown that such 
 persons were in fact legal voters at such meeting 340 
 
 Where three trustees are chosen in a district, and their terms of office are designated 
 by lot instead of by vote, as the law directs, the election will be declared void for 
 uncertainty, 34Q 
 
 The department will not set aside the proceedings of a meeting to which a majority of 
 the inhabitants of the district arc opposed, because such majority, though having 
 due notice, neglected to attend the meeting, 340 
 
 The proceedings of a school meeting, held at the unusual hour of half past seven 
 o'clock in the morning, will be set aside unless there are peculiar conditions in the 
 district to justify the call of a meeting at that hour, ... 341 
 
 Where a meeting is "called by a single trustee, the others having vacated their offices, 
 the call is legal, even though it may subsequently appear that the trustee was not 
 legally elected,.. 341 
 
 Trustees do not exceed their just discretionary powers in refusing to call a meeting to 
 reconsider the action of a previous meeting, when the number of voters signing a 
 remonstrance against such meeting is greater than the number of those petitioning 
 for it . 341 
 
 Wliere the clerk is unable to serve the notices of a special meeting on account of illness, 
 the trustees may depute any inhabitant of the district to serve them 341 
 
 Where the clerk names a wrong hour in his notice of an annual meeting, and part of the 
 inhaljitants assemble at that hour and transact business, and part assemble at the 
 hour of adjournment, and also transact business, both meetings may be set aside, 
 and a new one ordered, 342 
 
 Trustees will not be ordered to call a special meeting upon the application of a respect- 
 able number of inhabitants, where successive meetings for the same purpose have 
 been called and held, 342 
 
 Under certain circumstances a district meeting may rescind a vote of a previous meet- 
 ing, levying a tax, though a portion of that tax be collected at the time of such 
 rescinding, 343 
 
 The proeoediiigs of a meeting locating a site, in accordance with an award of arbitra- 
 tors, lo wliom contending parties in a district had agreed to refer their differences, 
 will be sustained, ■ 343 
 
 The Superintendent will set aside the proceedings of a meeting voting an exorbitant 
 sum to pav in advance the rent of a school-house site for a number of years, 343 
 
 A meeting, called by two trustees without consulting the third, will not be set aside 
 when the third trustee attended the meeting and participated in the proceedings,.. 344 
 
 Persons elected at a meeting out of a district are officers de facto 440 
 
 Kotice of annual meeting 440 
 
 Kotice of special meeting, 440 
 
 Minister. 
 Exemption of, 1"^. ITT 
 
 Metropolitan Excise District. 
 Moneys, how expended in Kings, Queens and Kichmond countiefl 251 
 
 Misdemeanor. 
 Defined, 52 
 
 64
 
 606 Index. 
 
 MiTcmLL, Samuel L. 
 
 FAOX. 
 
 President of deaf and dumb institute, assents to visitation of Superintendent Common 
 Scliools 6 
 
 Moneys. 
 See State school moneys, 
 
 Morgan, Christopher 
 Secretary of State and Superintendent Common Sctiools, % 
 
 N. 
 
 National Guard. 
 Certain persons exempt from taxation 174 
 
 Neighborhoods. 
 
 Apportionment to 46 
 
 Formation and dissolution of, 75 
 
 Annual meetings in 97 
 
 Powers of meetings in, 104 
 
 Clerk of, 129 
 
 To report to commissioners, 104 
 
 Number of, 46 
 
 New York Citt. 
 Titles of acts relating to schools, 477 
 
 Non-residents. 
 
 Certain debts of, taxable, 170-174 
 
 Lands of, how assessed, 175 
 
 Non-resident Land. 
 How taxable, 186 
 
 Normal Schools. 
 
 Where located, 4, 2G6-201 
 
 Diplomas to be certiflcates of teachers 132 
 
 Diplomas may be annulled by Superintendent, 16 
 
 Diplomas may be aimulled by school commissioner, 23 
 
 Superintendent to keep lists of diplomas, 16 
 
 Albany normal school, 266, 2()S 
 
 Oswejjo normal school 269-271 
 
 Potsdam normal school, 275-283 
 
 Brockport normal school, 282-285 
 
 Geneseo normal school 286-288 
 
 Fredonia normal school, 288 
 
 Cortlaud normal school, 289 
 
 Butlalo normal school, 291 
 
 General law for estabhshment of, 273 
 
 Notices. 
 
 How pcrved by district clerk, 130 
 
 Of special mnctin;;s, 137 
 
 Of completion of tax list 181 
 
 Of sale of property after le\'y, 195 
 
 o. 
 
 ^ Oath. 
 
 Of person challenn-cd 102 
 
 Of teacher verifying list of attendance, 148 
 
 OrricE. 
 Acceptance of, 126
 
 Index. 507 
 
 Officers. 
 [These references are to the Digest.] 
 
 PAGE. 
 
 Neglect to serve, 445 
 
 Neglect to account 445 
 
 Cost«i against 446 
 
 Oflicial character, how established, 447 
 
 How far protected by their ministerial character, 447 
 
 Implied power to sue,. 448 
 
 Implied liability to be sued, 449 
 
 Officers. [See Election of.] 
 
 Orphan Asylum Societies. 
 Right to share in public moneys, 447 
 
 Orphan Astlujis. 
 Education of children in, 263 
 
 Oswego. 
 Normal school at, 269 
 
 Overseers op Poor. 
 
 Certificates for deaf and dumb and blind, 10, 12 
 
 Moneys formerly in the hands of, W* 
 
 P. 
 
 Penalties. [See Fines and Penalties.] 
 
 Poor, O^-erseers op 
 
 Moneys in hands of, ^^ 
 
 Titles of acts relating to, 481 
 
 Population. 
 Apportionment according to, 45 
 
 Potsdam. 
 Normal school at, 275 
 
 Property. 
 [Tliese references are to the Digest. 
 
 Where property in the possession of public officers has been stolen or destroyed by fire, 
 without negligence on their part, they are not bound to make good the loss, 344 
 
 Supervisor should take charge of all property bequeathed to a town for the benofit of 
 common schools, when no other person is specified. He should communicate the 
 fai't of his doing so to Superintendent of Public Instruction, 344 
 
 Statute provides for a sale of property only " when a district is annulled, and portions 
 tlierenf arc annexed to other districts," 344 
 
 The [M-operty of a district is to be sold " when a district is annulled, and portions there- 
 of are annexed to other districts," and there is no provision for sale unless these 
 conditions are fulfilled, 315 
 
 Property. 
 
 Of consolidated districts, 89 
 
 or annulled and dissolved districts, 00, 91 
 
 Taxable property, how ascertained, ._ 178 
 
 Personal property, how ascertained, .' 179 
 
 Public Money. 
 
 [These references are to the Digest.] 
 
 Public money cannot be paid for wages of a past year. In other word?, public money 
 apportioned for any year must be expended for services performea within that 
 year, 345
 
 508 Index. 
 
 FAOX. 
 
 The county treasurer is bound to pay over to each town all the school money appor- 
 tioned to It and received by him from the State treasury. He cannot retain a per- 
 centacfe for receiving and disbursing:, out of the money in his hands. Whatever 
 claim he has is a charge against the county, 345 
 
 When the district has given no direction, and the tnistees have already appropriated 
 the public money to a particular term of school, the district has no further control 
 over the disposition of it. In the absence of any specific directions by the district, 
 the trustees can apply the money as they may deem best for the interests of the 
 schools, 345 
 
 The wages of a teacher employed for the winter term may be paid from the school 
 money to be received the next spring, 345 
 
 In the absence of any specific directions by the district, the trustees may apply the 
 public money to the summer and winter terms of a school in such proportions as 
 they may deem just, 345 
 
 Town superintendents (supervisors) can pay over public money only upon the written 
 order of the trustees, or a majority of them, to the teacher entitled to receive the 
 same .' 345 
 
 The public money apportioned for one year cannot be applied to the payment of teach- 
 ers' wages of a previous year, except when a term embraces a portion of two years, 
 in which case the public money of either year may be applied indiscriminately to 
 that term, ". 346 
 
 The illegality or irregularity of the election of trustees is no excuse for a town superin- 
 tendent (supervisor) for refusing to pay over the public money, upon the order of 
 such trustees. He must be governed by the report of these officers, made in con- 
 formity to law 346 
 
 Trustees, m the absence of express directions from the district, may, in their discre- 
 tion, apply the public money for the support of schools as they may deem proper ; 
 but when they apply more than two-thirds thereof for the support of the winter 
 school, the Superintendent of Public Instruction will interfere, 346 
 
 The statute directing town superintendents (supervisors) to pay out public money only 
 to qualified teachers, duly employed, upon the order of the trostees employing them, 
 was enacted for the purpose of preventing embezzlement by trustees, and, if they 
 pay the public money to a trustee or other person than the teacher, without his 
 order, they do it at their peril, 347 
 
 Authority of the district to interfere with the action of the trustees in dividing the 
 public money, 347 
 
 In the apportionment of public money, trustees should be governed by the wishes of 
 the district ; therefore, when the inhabitants, at a district meeting, adopt, a resolution 
 in reference to the apportionment of the public money which was not. by its terms, 
 restricted to one year, the trustees should regard it ascontinuous in its operation,. . 348 
 
 Public Monet. {See State scfvool moneys.) 
 
 Trustees to divide when authorized, 137 
 
 Cannot be paid to unqualified teacher, 133 
 
 How paid to teachers, 144, 197 
 
 PtrpiLS. 
 
 Age of those entitled to attend common schools, 131 
 
 Indian and non-resident, 131, 132 
 
 Q. 
 
 QUAmriCATIONS. 
 
 District officers, 125 
 
 Teachers, 133 
 
 Of voters, 98 
 
 Queens Couktt. 
 Excise money how expended, 261 
 
 Quota. 
 District quotas, 44 
 
 R. 
 
 RAn.R0AD8. 
 
 How assessed, 178 
 
 Randall, H. S. 
 Secretary of State and Superintendent of Common Schools, 2 
 
 Randall, S. S. 
 Deputy Saperintendent oi Common Schools 2
 
 Index. 509 
 
 Bats Buxs. 
 
 PAGE. 
 
 Abolished 240 
 
 Money raised by, for fifty-five years, 240 
 
 Relationship. 
 Prohibited degrees for teachers, 142 
 
 Religious Meetings. 
 
 [These references are to the Digest.] 
 
 TSse of pchool-honse for religious meetings considered 348 
 
 An application to close the school-house against religions meetings must show some 
 
 injury resiulting from such use 348 
 
 School-house may, under certain circumstances, be used for religous meeting", lec- 
 tures, etc ". 348 
 
 Trustees cannot, under any circumstances, be required to open the school-house for 
 
 religious meetings 349 
 
 Trustees will not be ordered to open the school-house for religious meetings, 349 
 
 Religious exercises are not a part of district school exercises, and, therefore, no por- 
 tion of the regular school hours is to be consumed in conducting them, 349 
 
 Removal of School Oppicers. 
 
 By Superintendent, 16 
 
 Of officers of union free school districts, 234 
 
 By the board of education, 220 
 
 Rents. • 
 WTiat and how taxable, 170, 174 
 
 Repairs. 
 [These references are to the Digest.] 
 
 Repairs in the way of removing a desk and substituting a table approved as necessary, 350 
 
 Where a district has voted to make certain repairs to the school-house at :i certain 
 expense, and these repairs have been made under the direction of one trustee, the 
 other trustees will be required to unite in making out a tax and warrant for the 
 expenses thus incurred, to the amount voted, 350 
 
 Trustees may make any repairs on school-house, pursuant to the direction of school 
 commissioner, 350 
 
 Tax for, may be postponed until repairs are made 441 
 
 Repairs. 
 
 May be ordered by commissioners 22 
 
 What may be made by trustee without vote of inhabitants, 146 
 
 Repeal. 
 
 Of act of Iffifi. concerning the distribution of books, 211 
 
 General repealing section, 239 
 
 Reports. 
 
 By State Superintendent 15 
 
 By school commissioners, 39 
 
 By trustees, to district meeting, 150 
 
 Br trustees to school commissioner, 151 
 
 F.'ilse, penalty for 152 
 
 By collector, 197 
 
 By board of education of union free school districts, 223 
 
 By trustees as to libraries, 210 
 
 Residence. 
 
 What constitutes 98 
 
 Of district officers, 126 
 
 Residence — Non-resident Pupils. 
 [These references are to the Digest.] 
 
 An inhabitant cannot gain a residence in another district by taking a portion of hia 
 family with himself thereto, so as to send his children to school therein, 351 
 
 A resident of a district is not responsible for the tuition of a non-resident pupil who 
 simply boards with the former, unless the trustees notify him at the commencement 
 of the" school that he will be held responsible for the tuition ?51 
 
 It is illpg!)l for trustees to enumerate chiMrcn in their districts between the ages of tive 
 and sixteen, unless they compose a part of the family of their parents or guardians or 
 employers, if such parents or guardians or employers reside at the time iu such district, 351
 
 510 Index. 
 
 paob. 
 
 Children of temporary resid-'nts are to be enumerated in the annual reports of trnstcos, 352 
 When an inhabitant moves from one school district into another for the purpose of avoid- 
 ing an enumeration of his children in the former district, and immediately after the 
 enumeration moves back, the town superintendent (school commissioner) should 
 
 apportion the money drawn on account of his children to the former district 352 
 
 The power to admit to the district schools non-resident pupils is vested by statute in the 
 
 trustees exclusively 352 
 
 What constitutes residence, 353 
 
 Trustees have the authority to exclude non-resident pupils from the district school,.. .. 353 
 Where children whose home has been broken up are broujjht to the residence of a 
 grandfather to tind care and protection, for an indefinite period, they become resi- 
 dents of the district in which such £;randparent lives, .' 353 
 
 Children attending an academy or hoarding-school are to be enumerated l^y the trustees 
 for the purpose of drawing public money only where their parents are actually resi- 
 dents of the district in which such academy or boarding-school is situated, 353 
 
 Where a child goes into a district to get employment, and not for the purpose expressly 
 of attending the school, he is a resident of such district, and entitled to a portion of 
 the public money apportioned to district, as also to share in the privileges of the 
 
 school, 353 
 
 Question of residence suthcient to entitle a pupil to the privileges of the school consid- 
 ered,. 353 
 
 The question of residence to entitle a pupil to the privileges of school to be liberally 
 
 construed in favor of the pupil, 354 ' 
 
 Facts which prove residence in opposition to the alHdavit of the party, 354 
 
 Adults may be admitted to school on the same terms as non-residents, 354 
 
 A meeting will not be ordered to enable the inhabitants to take action upon the ques- 
 tion of admission to the school of non-resident pupils, 335 
 
 What constitutes residence, 449 
 
 Resignations. 
 
 Of school commissioner '. 20 
 
 Of district school officers, 128 
 
 Rice, Victor M. 
 Superintendent of Public Instruction 2 
 
 Richmond Countt. 
 Excise moneys, how expended, 261 
 
 s. 
 
 Salaries. 
 
 Of State Superintendent, 3 
 
 Of school commissioner, 20 
 
 Of school commissioner, how paid, 43 
 
 Savings Banks. 
 
 Taxable for schools, 268 
 
 School Commissioner Districts. 
 
 List of, 490 
 
 School Commissioners. 
 
 [ These references «?•« to the Digest.} 
 
 There is no law requiring a school commissioner to be a resident of the district which 
 elects him 303 
 
 Commissioners cannot declare void proceedings of their predecessors, though they may 
 annul or rescind them, 303 
 
 Superintendent must have evidence of the appointment of a school commissioner before 
 he can receive his salary, 308 
 
 School Commissioners. 
 
 General powers and duties 18 
 
 When to apportion State school moneys, 54 
 
 To certify to State Superintendent and to supervisors, 55 
 
 Duties in regard to the formation, alteration and dissolution of school districts, 22, 75 
 
 To appoint time for holding lirst meeting in new district, 92 
 
 WhL-n authorized to call special district meetings, .. 95 
 
 Cannot be trust(!es of school districts, 125 
 
 Districts, how formed, 18- 
 
 How elected 18 
 
 Termof office, 19
 
 Index. 611 
 
 PAOE. 
 
 Oath of ofBce 19 
 
 Ofticc, how vacated, 20 
 
 Vacancy, how filled and for what time, 20 
 
 Salary of, and how paid 20 
 
 Salary, when to be withheld, 21 
 
 When to sierve in another district, 21 
 
 Forbidden to act as book agents, 21 
 
 Penalty for acting a? book agent 21 
 
 How to apportion school moneys, 54 
 
 Unexpended moneys in county treasury 54 
 
 Statement of fines and penalties, 64 
 
 Apportionment to neighborhoods, 54 
 
 Apportionment on average attendance, 64 
 
 Certificates of apportionment, to whom sent 54 
 
 Proceedings, when trustees dissent from order altering a school district, S4-88 
 
 Joint districts, how formed, 88 
 
 Joint districts, how altered, 89 
 
 Order to dispose of books, records, etc., of dissolved districts, 93 
 
 To approve tax for school-house above $1000 121 
 
 Powers as to joint libraries 203 
 
 Duties in regard to teachers' institutes 225 
 
 To visit and examine schools 23 
 
 To order the repair of school-houses, 22 
 
 To order the abatement of nuisances 23 
 
 To condemn school-houses unfit for use, 23 
 
 To examine teachers, 23 
 
 May annul certificates and diplomas, 23 
 
 Examination of schools, 25 
 
 Advismg and consulting with school oflBcers, 25 
 
 Visitation of schools, 24 
 
 Proper studies,. . . 26 
 
 Discipline and conduct of schools, 26 
 
 Course of instruction in schools, 27 
 
 Books of elementary instruction, 27 
 
 School-houses and grounds 23 
 
 The examination of teachers 29 
 
 Certificates for teachers, forms of, SQ 
 
 Re-examination of teachers, 34 
 
 Procedure on charges against teachers, 35 
 
 May administer oaths, 38 
 
 May take testimony on appeals, 33 
 
 Subject to rules of Superintendent of Public Instruction, 39 
 
 Reports, when to be made, 39 
 
 Salaries, how paid, , 43 
 
 Pupils in Cornell university, 490 
 
 School-Houses. 
 
 Care and custody of, 139, 148 
 
 Use of, for purposes other than schools, 143 
 
 Who exempt from tax to build, 186 
 
 Condemned by school commissioner and supervisor, 23 
 
 General provisions regarding, I04 
 
 Sale of, „ 123 
 
 Trustees may insure when authorized, 104 
 
 May be used for certain purposes, 148 
 
 School-house site bill 243 
 
 Repairs ordered by school commissioners, 23 
 
 Nuisances abated, 23 
 
 Must not stand on town lines, 121 
 
 Tax exceeding $1000 121 
 
 Tax by installments, 121 
 
 Schools and School-Houses. 
 
 [ Thete references are to tlve Digest.'] 
 
 School may be opened with prayers, provided that it be done before school hours, and 
 that there be no compulsion to enforce attendance, 355 
 
 Trustees have the power, when in their discretion circumstances require it, to estab- 
 lish temporary branch schools in a district, and employ a teacher, without any vote 
 of the district, and a due proportion of the public money should be applied to the 
 payment of such teacher, 350 
 
 Trustees will be directed to establish a branch school in a remote part of the district, 
 where there are pupils enough to support a respectable school, and where the 
 school-house is inaccessible some part of the year, 3,56 
 
 Action of trustee in establishing a branch school sustained 357 
 
 Discretion of a trustee in establishing branch school overruled, 357
 
 612 Index. 
 
 FAOB. 
 
 Trustees will be restrained from establishing a branch school when there is clearly no 
 necessity for one, 357 
 
 Trustees, under certain circumstances, will be sustained in having the school at other 
 place than the school-house, 358 
 
 A stove and pipe are necessary appendages to a school-house, and proper objects tor 
 the levying of a district tax, ' 358 
 
 A school-house belongs to the district, but trustees have the legal control of it, and 
 must not permit it to be used for purposes which interfere with school. By general 
 consent, they may allow meetings of an unobjectionable character to be held in it,. 358 
 
 Where a school-house is shown to be wholly unfit for school purposes, the trustees will 
 be sustained in directing the school to be taught in another place 359 
 
 It is not a sufficient excuse for not opening a school that the school-house is unfit for 
 use ; trustees are bound to put the house in the best condition in their power and 
 open a school therein 359 
 
 Trustees have no right to sell the old school-house when a new one has been Built, 
 without special authority from the district, 359 
 
 A new building erected for a district must be accepted by the trustees before it can be 
 regarded as the legal school-house of a district, 359 
 
 When a district has two school-houses, the trustees may call the annual meeting to 
 assemble at either of them, unless one of them has been designated at a previous 
 annual meeting as the place of assemblage, 359 
 
 Where there is no school-liouse in the district, and the trustees have hired a house for 
 school purposes, the district is bound to pay the rent whether a school is taught or 
 not 362 
 
 Where a teacher is employed who has no license, the school thus taught becomes a pri- 
 vate school, 362 
 
 The district is not bound to pay for fuel used in such school, 362 
 
 Private school building not exempt from taxation, 449 
 
 Schools, Common 
 
 Free to all persons between the ages of five and twenty-one years, 131 
 
 Colored 224 
 
 State tax for support of, 240-24 1 
 
 First common school act, 461 
 
 Evening schools, 43 
 
 Exclusion from, causes for, 131 
 
 Lancastrian school act, 463 
 
 School Fund. 
 Titles of acts relating to, 484 
 
 School Oppiceks. 
 
 When and how removable, IR 
 
 Eegisters, blanks, forms, etc., for their use, 18 
 
 School Tax. (See Tax.) 
 
 Amount of. and how raised, 41 
 
 How paid out 41 
 
 Tov/ns may raise, 492 
 
 School Year. 
 What constitutes, 44 
 
 Sites, 
 
 Designation of, by district meeting, 104,110 
 
 Title, how may be acquired, . 110 
 
 Tax for, and purchase of, 104, 113 
 
 Tax for enlargement of site, 119 
 
 When may be changed 123 
 
 Sale of site and buildings, 123 
 
 Moneys from sale of, how applied, 124 
 
 How acquired by appraisal, 243 
 
 Sites. 
 \_TheKe references are to the Diffest.] 
 
 A school district cannot delegate the power to select a school-house site. A designa- 
 tion should be specific as to location and size, 363 
 
 The mere act of voting to select a particular piece of land upon which to erect a school- 
 house does not establish the site. It must be followed by an actual leasing or 
 purchase, 363 
 
 In dcsiirnating a site for a school-house, the description should be by metes and bounds, 
 and the quantity of land should be stated, that every inhabitant of the district may 
 be able to vote intelligently 364 
 
 A district may purchase a site by a majority vote. It is diflferent from changing a site, , 364
 
 Index. 513 
 
 The occupancy of a school-house snflicient notice to purchaser of land, 3G4 
 
 When tlie trustees have contracted to locale the scliool-house on any particular place 
 upon the site, in the absence of any iui-truclious from the (li!ftrict, this department 
 will not interfere, 364 
 
 It is not necessary that a majority of all the taxable inhabitants should be obtained, in 
 addition to the consent of the town superintendent (Mi|)ervi.-or) in order to change 
 the site, but only a majority of thijse present and votini; at a nieetini; duly notilied, 363 
 
 A maiorit.y of voters at a school-district nuietin:,' may empower the trustees to purchase 
 additional territory adjoining the srhool-liouse site, for the purpose of enlarging 
 their grounds for school purposes. It is not a cu^e of removal of site, 365 
 
 In levying a tax for the purchase of a school-house site, the district is not limited as to 
 the amount to be raised, — 366 
 
 The certiticatc of the town superintendent (supervisor) is not necessary, and the dis- 
 trict may, by a majority vote, raise such an amount as shall be necessary for the 
 purpose, 366 
 
 When a district has been altered, the site of tlie school-house maybe changed by a vote 
 of the majority of those present at the meeting, 366 
 
 Due notice of a meeting will be presumed, unless the contrary be shown, — 366 
 
 A two-story school-house may bo built upon land leased, with the agreement that the 
 rent, or consideration of the grant, shall be the use by the lessor of the upper story 
 out of school hours, 367 
 
 A school district has no authority by law, and this department will not permit the inhab- 
 itants, to take a perpetual lease for the site of a school-house. The district should 
 have the fee simple before building,. 367 
 
 Site of a school-house in union free scliool district established and changed by vote of 
 inhabitants in same manner as in districts subject to general school law, 368 
 
 Districts that have been altered in their boundaries since the establishment of a site 
 and building of a house are not restricted in their power to change such site at any 
 legal district meeting, 369 
 
 Where the consent of the supervisor to a change of site is obtained by misrepresenta- 
 tion, the proceedings will be set aside, 369 
 
 The depr.rtment will not interfere with the action of a district in purchasing a site, 
 except wrere the title to said site is clearly and conclusively shown to be defective, 370 
 
 Where the district docs not authorize a change of site, this department will not interfere 
 to compel such change, even though justice requires it, 370 
 
 In locating two sites in a district, the whole district must act upon the question of each 
 site, not simply the sections to be respectively favored, 370 
 
 Where trustees purchase a site designated by the district, an appeal from their action 
 will not lie ; it should be brought from the proceedings of the meeting in designating 
 thatsite, 371 
 
 Consent of supervisor to a change of site must be as prescribed by statute 371 
 
 Where two sites have been designated and purchased after a protracted controversy 
 before this department, the question of the consent of the commissioner will not 
 be considered upon a subsequent collateral issue, 371 
 
 Power to designate cannot be delegated, 441 
 
 Tax may be raised before acquiring title, 441 
 
 Consent of supervisor, when to be given, 450 
 
 Division fences 373 
 
 Money mu=t not be paid for site until clear title is obtained, 373 
 
 , Smith. E. P. 
 Deputy Superintendent Public Instruction, . 8 
 
 Sole Trustee. 
 Ilis powers, 134 
 
 Special Meetings. 
 
 To build school-house in place of one condemned, 23 
 
 For change of site, 122 
 
 Uow called by trustees, 135 
 
 Spenceu, J. C. 
 Secretary of State and Superintendent Common Schools 2 
 
 State Certificates. 
 
 How issued 13 
 
 Uow annulled, -IS 
 
 State School Moneys. 
 
 What shall constitute 42 
 
 Apportionment of, by State Superintendent, 43 
 
 When payable, • 48 
 
 Apportionment of, by school commissioners, — 54 
 
 Disbursement of, by supervisors, 68--71 
 
 65
 
 I 
 
 614 Index.^ 
 
 PAGE. 
 
 Tnistees to draw on supervisors for, 137, 145 
 
 Library mone3's, 45 
 
 How apportioned by school commissioners, 56-61 
 
 Errors, how corrected 62 
 
 How forfeited by districts, 62 
 
 Cannot be paid to unqualified teachers, 133 
 
 Orphan asylums to share in, 262 
 
 State Normai, Schools. 
 
 See normal schools, 266 
 
 At Albany, Oswego, Brockport, Buffalo, Fredonia, Cortland, Potsdam and Genesee, 4 
 
 Titles of acts incorporating, 476 
 
 State Superintendent. 
 
 Election and general powers of, 1 
 
 Shall prescribe rules for libraries, 204 
 
 Powers and duties in relation to appeals, 229 
 
 Office in State Hall, ' 3 
 
 Salary, 3 
 
 Clerks in his office, 3 
 
 His seal of office, 3 
 
 Records and papers, how authenticated, 3 
 
 Eegent of the University, 4 
 
 Trustee of Cornell university,. .. , 4 
 
 Trustee of People's college, 4 
 
 Supervision of normal schools 4 
 
 Has visitation of institution for deaf and dumb, of the blind, and all similar institntions, 4 
 
 Has charge of Indian schools, 4 
 
 Selects pupils for institution for deaf and dumb, 5 
 
 Selects pupils for institution for blind, 5 
 
 May extend term of pupils (note), 5 
 
 Visitors may be appointed, 14 
 
 Required to visit common schools, 15 
 
 Annual report, what to contain, IS 
 
 Annual report, when to be made, 15 
 
 Teachers' certificates 15 
 
 Certificates may be annulled, 16 
 
 Certificates, lists of, to be kept by, ^ 16 
 
 School officers may be removed by, 16 
 
 Blanks, registers, etc., prepared by, 13 
 
 Salaries of school commissioners, 20 
 
 Salaries of school commissioners, when to be withheld 21 
 
 May order school commissioners to serve in adjoining districts, 21 
 
 May remove school commissioners for acting as book agents, 21 
 
 Countersigns drafts and checks for moneys raised by school tax, 41 
 
 May borrow money to meet deficiencies in the school tax, 42 
 
 Apportionment of State school moneys, 43 
 
 Apportionment, to whom certified, 48 
 
 His oversight of trust funds 49 
 
 Power to call district meeting, 97 
 
 Consent to amend erroneoustax list, « 196 
 
 May examine into condition of libraries, 210 
 
 When may select books for libraries, 211 
 
 His duties in regard to teachers' institutes,. 225 
 
 Duties in regard to Indian schools 238 
 
 Schiiiil laws to bo published under his charge, 239 
 
 Noniuil schools, supervision of, 272, 291 
 
 Digest of decisions 293 
 
 Instructions to commissioners and supervisors as to State pupils in Cornell university, 490 
 
 State Tax. 
 For support of schools, 40, 240 
 
 Stockholbebs of Bakks. 
 How taxable, a. (,.,.... ^.^ 258 
 
 ^^rr.,- Supervisors. ' 
 
 Powers and duties in relation to State school moneys 68 
 
 Must sue for all penalties, when the duty is not otherwise imposed, 69 
 
 Duties in relation to property of dissolved school districts, 89, 90 
 
 Cannot be trustees 125 
 
 May accept resignation of district officers, 128 
 
 May appoint trustees in certain cases, 127 
 
 Condemnation of school-houses, 22
 
 Index. 515 
 
 PAOX. 
 
 Duties a? to trnst funds, , 49, 203 
 
 School moneys to be paid to ,.. 63 
 
 Bond for safe keepiiij; money? 63 
 
 KefUf-al to '_'ive bond a misdemeanor, 64 
 
 Trustees of •,'ospel and school lots, ; 64 
 
 Report concerning gospel and school lots, 49 
 
 Have charge of certain poor moneys, 6(> 
 
 Embezzlement by, a misdemeanor, 67 
 
 Return to county treasurer, . 63 
 
 Penalty for false return 63 
 
 When to act in formation and alteration of districts 69 
 
 Disbursement of, and accounting for, school moneys, 68-71 
 
 Form of account and receipt, 71 
 
 Pay for services in the alteration of districts 88 
 
 To sell property of annulled districts and settle all of its affairs, 89, 90 
 
 Power to call district meeting, 97 
 
 Consent lo change of site, 122 
 
 When may till vacancies in district offices, 127 
 
 May accept resignation of district officers, 128 
 
 To pay orders of trustees in favor of teachers, 137, 145 
 
 To notify county treasurer and Superintendent of Public Instruction of moneys 
 
 Tindrawn, 150 
 
 Assessment of railroads, 178 
 
 Equalization of taxes in districts composed of parts of two or more towns, 183 
 
 Consent to renewal of warrant, 196 
 
 Bonds to be given by, 62, 262 
 
 Selection of pupils in Cornell university, 490 
 
 Supervisors, Board ov 
 
 To provide support of deaf and dumb pupils, 8 
 
 To provide clothing for deaf and dumb pupils, 10 
 
 To provide clothing for blind, 13 
 
 Salaries and ex jjenses of school commissioners, 20 
 
 Unpaid non-resident taxes to be paid by, 190 
 
 Duties as to library and library moneys, 201, 204 
 
 SrrPERINTENDEKT. 
 
 [These references are to the Digest.] 
 
 Jurisdiction over school moneys, 446 
 
 Jurisdiction on appeals, 452 
 
 T. 
 
 Tax. 
 
 For support of common schools, 40, 240 
 
 For fuel, appendages, repairs, libraries, deficiencies, contingencies, school-house and 
 
 site, and to replace moneys lost or embezzled, 104, 199 
 
 Any legal sum njay be raised by, 147 
 
 How assessed and made out, 166 
 
 When tenants are liable for, 184 
 
 What persons exempt from tax to build school-house, 186 
 
 On non-resident lands .. 186 
 
 Payment of, may be made before levy, 193 
 
 Collection of, 191 
 
 For libraries, 104, 117 
 
 To build house in place of one condemned, 23 
 
 State school tax, how raised and paid out, 41 
 
 Without vote of the district, 147 
 
 Ta.x List. 
 
 Trustees to make out 136, 138 
 
 When to be made out, 166 
 
 The form of. 167 
 
 How apportioned, 169 
 
 Efiuulization of, in districts composed of parts of two or more towns, 183 
 
 When tenants may charge owner of land, 185 
 
 When completed 193 
 
 Erroneous, how corrected 196 
 
 To buy tite or build school-house, lOJ, 113 
 
 To build out-houses, fences and appendages, 116 
 
 To buy m;ips, globes, blackboards, etc., , 104, 116 
 
 To buy books for libraries, 104, 117 
 
 To make good deficiencies, 105, 117
 
 516 Index. 
 
 PAQE. 
 
 To buy record books and blank books, 105, 117 
 
 To replace moneys embezzled, 105, 118 
 
 To make y^ood ^;eneral deficiency, 105, 118 
 
 Exceediiiij $1,000, for school-house, 131 
 
 By installments for school-house, 121 
 
 How apportioned for district taxation, .. ISO 
 
 Unpaid taxes on non-resident land, 187 
 
 Collector's return of unpaid taxes 188 
 
 When trustees may sue for unpaid taxes, 195 
 
 State tax for support of schools, 240 
 
 City taxes for support of schools, 243 
 
 School tax may bo raised by towns, 492 
 
 Taxable Inhabitants. 
 
 Who are taxable inhabitants, 175,179 
 
 Persons working land under contract, 184 
 
 Persons working laud by agents or servants, _ 185 
 
 Taxable Property. 
 Valuation of, how ascertained, 178 
 
 Tax List. 
 [ Tliefse references are to tlie. Digest.'] 
 
 Any sum voted or legally a charge on the district may be included in, 441 
 
 Making out tax lisit,"a judicial act 442, 449 
 
 Time for making out tax list 44,3 
 
 Canunot alter after tax has been collected 443 
 
 Shareholders of national banks, 451 
 
 Taxes and Taxation. 
 {These references are to the Digest.'] 
 
 No notice of an assessment is I'equirod except where an original valuation is made ; 
 nor is a notice that a tax list has been placed in the hands of a collector for collec- 
 tion necessary 372 
 
 When difi'erent parcels of property, of diflerent quality and value, lying in two districts, 
 are so coupled together in the town assessment roll, in one aggregate valuation, 
 that their separate value is not apparent, and cannot be fixed, without an exercise 
 of judgment on the part of the trustees, a new valuation should be made, and 
 notice given, 372 
 
 Contiguous territory lying partly in two or more districts, occupied and cultivated as 
 one farm, is taxable in the district in which the occupant resides 372 
 
 Where a tax payer vbluntarily moves from one district to another he is liable to a tax 
 for building a school-house in the latter district, even if within four years he has 
 paid a tax for that purpose in the district from which he removes _ 373 
 
 A tax may be levied to finish tlie erection of a school-house commenced by subscrip- 
 tion, provided the district own the site ; if not, the subscribers must first relin- 
 quish their title to tl\e district, 373 
 
 When a school-house is so decayed as to be no longer adapted to its purposes, the 
 district may raise money by tax to build a new one, by a majority vote, and without 
 a special notice of the intent to propose such a tax, at an annual meeting 373 
 
 When the trustees make any change in the valuation of property difTering from the 
 valuation, as appears by the assessment roll, they should give twenty days' notice 
 of the changes they have made to the inhabitants of the district all'ected thereby, 373 
 
 The assessment roll of a town, as revised by the assessors and delivered to the super- 
 visors, is complete so far as to bind the trustees in making out a tax list, 374 
 
 It is the duty of the trustees in laying a tax to assess the same against every person 
 within the district who owns or is in possession of taxable projierty at the time 
 of making out such tax list 374 
 
 Taxation of a person having the naked possession of land without color of title. A pre- 
 vious case commented on and c>^plained, 375 
 
 Land worked unthn- a contract, by which a lessee is to share in the produce thereof, is 
 subject to taxation in the district where it is situated, 375 
 
 Presurriptively, the trustees of a school district have no right to go beyond the bound- 
 arif^ of tiicir district to tax; and when they do. it lies upon them to establish the 
 ])ower to tax, and not upon the party taxed to dis))rove it 37G 
 
 Trustees are to assess the road bed of a turnpike precisely as if that portion of it lying 
 in their district belongs loan individual not owning the remainder; unless the net 
 annual income of the company, over and above all expenses for repairs, etc., is lees 
 than five per cent upon the original cost, in which case the road is exempt from 
 taxation 370 
 
 WTien the assessment roll of a town is at the county seat, in the custody of the board 
 of supervisors, and a tax is voted in its absence, it is a sufficient excuse for not 
 makiiiL' out the tax list within thirty days after it is voted. The statute is merely 
 directory, 377
 
 Index. 517 
 
 PAQB. 
 
 Where a person voted at a district meetin/^ on the ground that he had fifty dollars in per- 
 gonal property liable to taxation, it is tlie duty of tlie fiisiees to incliulo him in their 
 tax list, even" tlioui,'h hi# name be not on the assessment roll of the town ; and, if 
 they neglect to do so, the department will set. aside their assessment and order them 
 to include the persou so left out, Sit 
 
 It is the duty of trustees to assess all persons who voted on the ground of having fifty 
 dollars' wortli of property, unless before the tax list is made out such property is 
 converted into real estate, in which case the latter is to be taxed if within the dis- 
 trict, and the personal property is to be omitted, 377 
 
 A mortgage given to secure the purchase-money of real estate is subject to taxation in 
 the district where the mortgaLjee resides, 378 
 
 A tax by instullments cannot be raised for any other purpose than " for buildin'', hiring 
 or purchasing a school-house,'" and then "the tax cannot be raised by instalhnents, 
 unless it exceeds $-)0U. (Tax must now exceed $1.000— to be voted in installments), 37S 
 
 A tax voted for the purchase of a site cannot be raised by in.stallments. A tax list 
 for the whole amount must be made out within thirty days from the voting of the 
 tax 378 
 
 Persons who'are by .their profession dedicated to the service of God and the cure of 
 souls, and liaving a license to preach, or who have complied with the form and 
 mode of ordination, are ministers of the gospel within the law, 379 
 
 Non-practicing clergymen not entitled to the reduction of $1,500, made in favor of prac- 
 ticing ministers of the gospel, 379 
 
 The personal property of the deceased is taxable in the district where the administrator 
 rc'sides 379 
 
 A lot owned by a church, on which there is no church building, is not exempt from tax- 
 ation 379 
 
 Where territory is added to a district after tax has been voted to Ijuild now school- 
 house, but before tax list for same has been made out and placed in hands of col- 
 lector, it does not affect the action of district in voting lax, and newly gained 
 territory is liable to pay its part of tax, 379 
 
 A special meeting may, however, be called at any time, and before the tax list has 
 been completed by the delivery to the collector, the inhabitants may, by a majority 
 vote, rescind the resolution authorizing a tax for a new school-house, 3S0 
 
 Trustees act judicially in levying a-tax, and this department will not set up its judgment 
 in opposition to tlieirs, as to the correctness of the taxation, 380 
 
 Distinction between increasing the valuation of real property and increasing the 
 amount of personal property considered, 380 
 
 Parcels of land bought of different parties, but all connected with the original farm 
 upon which the owner resides, are taxable as one farm in the district of his resi- 
 dence 380 
 
 Where trustees make an original assessment, they must give the legal notice of twenty 
 days, and permit the party claiming a reduction to be hoard at a time and place to 
 be designated by the trustees 381 
 
 In making out a tax list, if the trustees follow the town roll, it will not be held invalid, 
 although land belonging to the son is assessed to the father, 382 
 
 When the town assessors have assessed a minister of the gospel for his property, the 
 trustees, in miking out a tax list, must presume that the $1,500 exemption allowed 
 by statute has been made, , 382 
 
 When the board of ciiucation or trustees make an original assessment of personal prop- 
 erty, and the person assessed does not appear to answer sucii questions as may be 
 put to him in relation to his estate, but presents, by his attorney, an insufficient 
 and unsatisfactory affidavit, a reduction of the assessment will be denied, 382 
 
 Where town assessment roll is corrected by the assessors, or adopted by them without 
 correction, it is henceforth the assessment roll of the town for all district taxes. 
 Board of supervisors having equalized taxation, Addition or subtraction of a percent- 
 age does not change proportionate valuation between inhabitants of same town; 
 but, in joint districts, supervisors are to determine the relative proportion of tuxes 
 to be assessed upon real property of parts lying in each town 384 
 
 Where it is claiinc^d that land lying in one district is taxable in another adjoining by vir- 
 tue of its being part of a parcel, upon which the owner lives, in such adjoining dis- 
 trict, that fact must be clearly proved 384 
 
 The farm of a non-resident, occupied by a tenant, with an agreement on the part of the 
 latter to pay the taxes, may be assessed to such tenant, or to the owner, in the dis- 
 cretion of the trustees, 38.5 
 
 Trustees may modify or correct the tax list any time before delivery to the collector, — 385 
 
 When a person ceases to be an inhabitant of a district ai"ter a district tax is voted and 
 before the expiraton of the time allowed trustees in which to make out their tax 
 list, ho should be omitted from such tax list 385 
 
 A person set oil" Irom one district to another, by an order that does not take effect until 
 three months after its issue, will be liable on any taxes levied in the district from 
 which ho is set off, prior to the taking eftect of such order 386 
 
 Assessment of a bond apd mortirage as personal property is good, but at the same time 
 assessing the owner thereof for the farm up(ni which he holds the mortgage, and 
 upo:i which he r-jsidos only tem|)orarily, discountenanced, 386 
 
 A stockholder in a national banking association is liable to be taxed for personal prop- 
 erty in the district where the bank is located, on the amount of stock owned by him 
 in such bank, 387
 
 518 Index. 
 
 PAGB 
 
 Where the iuhal)itants at a district meeting direct the trustees to do an act which they 
 are authorized by law to direct, as the removal of a school-house, the trustees may 
 
 levy a tax to defray the expense, without a vote of the district, 388 
 
 In case of vacancy two or even one trustee may do any official act 389 
 
 The expense of investigating a title is a part of the expense of a site, and may be 
 
 legally included in a tax, 3S9 
 
 A tax may be voted, levied and collected in a school district to purchase a site and 
 
 school-house, but the money cannot be applied until a valid title is obtained, 389 
 
 When a tax list has been made out, but not delivered to the collector, it is no objection 
 to the trustees calling another meeting of the inhabitants to reconsider the pro- 
 ceedings of the meeting at which the tax was voted, if requested by a respectable 
 
 number of the inhabitants, 389 
 
 In making out a tax list, all the trustees must be consulted and act together, ... 389 
 
 The trustees of a school district have no power to correct a tax list after a portion of 
 tlie tax has been collected, without permission from the Department of Public 
 
 Instruction, 390 
 
 A tax list, made out by one of the trustees and signed by two of them, without notice 
 
 to, or consultation with, the third trastee, will be set aside, .• 390 
 
 The form of a tax list is deemed important, 390 
 
 The authority for levying a tax must not be indefinite. Taxes should be specifically 
 
 voted, " 391 
 
 A vote to raise by tax a certain sum to build a school-house, the same to be paid at dis- 
 cretion in labor or materials, is illegal and void, 391 
 
 A tax may be voted to pay expenses beyond estimates expended by trustees in building 
 
 an authorized school-house, 391 
 
 A district has no power to exempt any inhabitant from taxation in consideration of a 
 
 gift by him of a site, 391 
 
 When a special meeting^ had voted a tax for building a new house, and had adjourned 
 four weeks to consider proposals for building, and at the adjourned meeting voted 
 to rescind the vote levying the tax. the vote to rescind was legal and valid, even 
 
 though the tax list had been made out, and a part of the tax voluntarily paid, 391 
 
 Objection to a tax list on the ground that property is omitted therefrom must be taken 
 
 in time 392 
 
 Where a tax is voted to build a school-house, the trustors are not required, unless by a 
 direct vole of the district, to deduct from that sum the proceeds of the sale of the 
 
 old house 392 
 
 Where trustees are authorized to build a school-house of certain dimensions, and they 
 slightly vary from these dimensions by causing the house to be built larger, paying 
 for the excess out of their own funds, the district must pay such sum as' the house 
 
 would have cost if built of the specified size, 392 
 
 Tax may be raised before acquiring title 441 
 
 After tax is partly collected, meeting cannot rescind a vote for, 441 
 
 Who are taxable, 441 
 
 What assessment roll is to be followed, 442 
 
 Assessment must be after the vote . . 442 
 
 Liquidating amount, when no specific sum has been voted, 442 
 
 B quulization in district partly in two or more towns, 443 
 
 Collector's fees, 443 
 
 Naming the person assessed, 443 
 
 Power to assess tax is personal, 443 
 
 Assi'ssinent of non-residents, 449 
 
 School liuihlings exempt from taxation, 449 
 
 When a tax may be said to be collected, 450 
 
 Banking corporations, 451 
 
 Teachers. 
 
 WTio are qualified 131,141 
 
 I'liqualilicd. cannot receive public money, 133 
 
 Shall kee]! list of attendance, 148 
 
 IMust l)e emi)loyed by trustee, ^36 
 
 Must verify record, ^48 
 
 3tay be required to assist in examination of libraiy, 210 
 
 Certificates granted to, by Superintendent, 15 
 
 Licenses granted to, by Superintendent, 16 
 
 Certificates may be annulled ■^''' f5 
 
 Certificates, by" school commissioners' forms, , 3~ 
 
 Examinations by school commissioners, ^' 3.1 
 
 Rf'-exaniination by school commissioners, ** 
 
 Attendance upon institutes, j^ 
 
 Contracts with trustees, J40 
 
 l.enaldisMbiliticH > J42 
 
 TunU- of proliibitert relationships, |43 
 
 Watres of. Iiow paid, ^'J^ 
 
 To keep list of pupils and their attendance, 148 
 
 Form of aflidavit verifying list, I'*-'
 
 Index. 519 
 
 Teacher. 
 [These references are to the Digest. ^ 
 
 PAGE. 
 
 Where a teacher is improperly dismissed, he is entitled lo full wages for the period named 
 in the contract, 393 
 
 Trustees cannot dismiss a teacher on the ground that some of the inhabitants are dis- 
 satisfied with him, while they themselves are not dissatisfied, 393 
 
 Where one trustee engages a teacher to teach in the place designated by a district meet- 
 ing, and the other two engage a teacher to teach in a place selected by themselves, 
 neitheris a legal school, 394 
 
 One trustee cannot legally engage a teacher for the district, neither can two trustees 
 legally engage a teacher to teach in a place designated by themselves, when the dis- 
 trict have selected another place, 394 
 
 Every contract made with teachers in our common schools necessarily includes the con- 
 dition that the agreement cannot be binding for a longer period than teachers may 
 hold certificates of qualification, and, on the annulling of their certificates, all claim 
 for future services ceases, 394 
 
 A teacher employed under a contract to teach by the month, specified as twenty-six 
 days, is entitled to dismiss school every Saturday afternoon, or each alternate Sat- 
 urday, according to the custom of the country, and the trustees have no right to ' 
 withhold any portion of the amount due him for so doing, 395 
 
 A teacher can only be employed by the trustees. Therefore, a vote taken at a dis- 
 trict meeting to dismiss a teacher and substitute another in her place is illegal and 
 void 395 
 
 Where one trustee employs a teacher without consulting with his associates, and his 
 action is silently acquiesced in until the expiration of the term, their approval of 
 the contract will be implied, and they shoidd sign an order for the public money for 
 teachers' wages when applied to, 396 
 
 Where two trustees employ a teacher without consulting the third, the contract is bind- 
 ing only upon the trustees making the bargain, unless the conduct of the third 
 trustee is such that his acquiescence may fainy be inferred 396 
 
 A consultation of two trustees, without the presence and advice of the third, can result 
 in notliinjj which can be regarded as the action of the board, unless the third has 
 been regularly notified and fails to be present 397 
 
 The vote of a district meeting to hire a certain teacher has no legal binding force upon 
 the trustees, even though they may have agreed to abide such result, 397 
 
 The consent of three trustees, separately given to hire a teacher, does not make a legal 
 contract, 397 
 
 Two of the trustees cannot hire a teacher without consultation with the third, 398 
 
 Where a teacher has, in good faith, fulfilled a contract to teach, entered into with one 
 trustee, the others not dissenting, the contract will be enforced without regard to 
 irregularities in its inception, 398 
 
 Where one of the trustees is delei:ated to make known to teachers the conditions of 
 engagement to teach, he acts as agent for the wliole board, and the board is bound 
 by the terms of agreement as stated by him and accepted by the teachers 399 
 
 Where two trustees, in the temporary absence of the third, hired a teacher, held, that 
 the contract was not valid for a longer time than the majority of the trustees saw fit 
 to continue the services of the teacher, 400 
 
 A contract made with a teacher by two of the trustees, without consultation with the 
 third, may be confirmed subsequently by taking the proper legal step, 400 
 
 Where an outgoing trustee, in answer to an application of a teacher for the winter school, 
 says that if he nad the power to contract he would hire him, it is not a contract, even 
 though the trustee had authority to hire, 400 
 
 Under certain circumstances, the action of one of two trustees in hiring a teacher will be 
 sustained, 400 
 
 Trustees have no right to employ teachers related to them within two degrees, except 
 by consent of two-thirds of the legal voters of the district 401 
 
 The approval of hiring certain relations for teachers must be had by a two-thirds vote 
 at a district meeting, 401 
 
 Trustees of union free schools may hire teachers related to them within two degrees,.. 401 
 
 Uncles and cousins of any person are not related to him in the second degree, 401 
 
 Trustees cannot offset against the wages of a teacher a note of his which they or either 
 of them have purchased 402 
 
 If ft teacher engages to teach by the month, the legal holidays will be allowed him. 
 Three months from December 5, 1804, extend to and include March 4, 1805, 402 
 
 The word " month," in law, means a calendar month of thirty days 402 
 
 Discharge of a teacher before the expiration of his term — when justifiable 402 
 
 Where a teacher leaves a school voluntarily before the close of the term for which she 
 was engaged, even at the request of the trustees, she can recover wages only for 
 the time actually taught, 403 
 
 Dismissal of a teacher before the expiration of his term of engagement, 404 
 
 Where a teacher is cngaiied with the understanding that she may be discharged at the 
 end of one month if her teaching is unsatisfactory, it will be implied that the 
 engagement is for the ordinary term, and, if no dissatisfaction is expressed at 
 the end of the month, she cannot be discharged subsequently to that time, 404
 
 520 Index. 
 
 PAQB. 
 
 WTiere a teacher after teaching throe days of his term found his school-house locked 
 against him, and without applying to the trustee he left and made no demand for 
 opportunity to continue his school until fifteen days afterward, held^ that he had 
 abandoned the contract voluntarily, 405 
 
 Difteronce of opinion between the teacher and the trustee concerning the proper 
 discipline of the school does not justify the removal of the former before the 
 expiration of his term, 405 
 
 Where a teacher leaves his school before his term of engagement is concluded, because 
 the trustees will not sustain him in the enforcement of reasonable rules, he is 
 entitled to wages for the time taught, 405 
 
 A teacher who closes his school upon otlier than legally authorized days for closing, 
 without the consent of the trustees, abandons his contract and is liable to be 
 superseded, 406 
 
 A teacher who closes his school for any time other than the legal holidays or Saturdays 
 allowed him, without the consent of the trustees, abandons his contract and forfeits 
 the balance of his engagement, 406 
 
 A candidate for a teacher's certificate should be examined as to learning, morals and 
 ability to teach 406 
 
 When a candidate is refused a certificate on the alleged ground of " feelings of dissatis- 
 faction on the part of some of the patrons of the school," a new examination will 
 ' be ordered 406 
 
 The infliction upon a pupil of unnecessary and cruel punishment la good cause for 
 annulling a teacher's certificate, 407 
 
 The dejjartment will annul the certificate of a teacher for cruel and unreasonable 
 discipline in the government of a school, 407 
 
 A teacher's certificate of qualification cannot be aniiuIlGd without giving him notice 
 and a reasonable opportunity, if he desire, to appear and be heard in defense, 408 
 
 Refusal to anuul teachers" certificate for inflicting proper punishment, 409 
 
 Annulment of a teacher's license for incompetence known to the commissoner does not 
 require legal notice, 409 
 
 A teacher's license should be annulled for intemperance, 410 
 
 A commissioner cannot withhold a certificate from a teacher with whose character, 
 learning and abilities he is satisfied, on the ground that said teacher is employed in 
 a district against the feelings or prejudices of the inhabitants, 410 
 
 A commissioner is justified in 'withholding a certificate from a teacher where evidences 
 of his good character do not afhrmatively appear 410 
 
 A teacher who goes into school without being duly qualified according to law violates 
 his contract, and the same is not renewed" by his obtaining a certificate subsequently, 
 unless a new contract is made, 410 
 
 Holders of State certificates are not exempted from examinations, hy school commis- 
 sioners or city superintendents, in the places where they seek situations as teachers, 411 
 
 Teachers' institute a training school for teachers. Prominent object, organization, tjov- 
 ernment, discipline and instruction of common district schools. "Superintendent 
 opposed to paying large sums of money to lecturers 411 
 
 The teacher is legally responsible for the safe keeping of the school register, and if it is 
 lost or stolen through his carelessness he cannot receive any payfor his services. 
 But if he can make oath that it was correctly kept, and not lost or stolen by any 
 fault of his, the trustees may give him an order upon the supervisor for his wages, 411 
 
 Town superintendents (supervisors) can use no discretion in the matter of paying over 
 public money on the order of the trustees, 412 
 
 Examination of.and certificate, .' 446 
 
 Annulling certificate, 446 
 
 Dismissal of, by trustees 446 
 
 Certificate does not exempt teacher from examination, 430 
 
 Teachers' Institutes. 
 
 Attendance hy teachers 44, 223 
 
 Expenses of, how paid, 227 
 
 Tenant. 
 
 "WTion liable for tax 184 
 
 When he may charL'e the owner, 185 
 
 Persons working lands on shares, how taxaljle, 184 
 
 Persons working land as agents or servants, 185 
 
 Terms op Office. 
 
 Of State Snnerintendent, 1 
 
 Of district (Iftlcers 125 
 
 Of school commissioners, , 19 
 
 Titles op School Acts. 
 List of, 454 to 4S!>
 
 Index, 621 
 
 Town Clerk. 
 
 PAGE. 
 
 DntieBof, •• 72 
 
 Pay for services in altering districts 88 
 
 Towns. 
 May raise school tax, 492 
 
 Treasurer. 
 
 County, shall pav to collector a sum equal to taxfis returned as unpaid 189 
 
 Of union tree school district!", to have custody of mouej's, 2*J 
 
 TEEAsmsER (op State). 
 
 How to transfer school moneys raised by tax, 41 
 
 Way borrow money to meet deficiencies in school tax, 43 
 
 Truant Children. 
 Act to provide for care of, 261 
 
 Trustees. 
 
 Who may not hold the office, lOS, 125 
 
 Districts to elect one or three, 104,10*1,126 
 
 Vacancie;:' in office of, how filled,. .. 127 
 
 Vacate oflice, how, 127 
 
 May fill vacancies in certain district oflices, 127 
 
 Mav admit non-resident pupils, 131 
 
 Pro'hibited from employing unqualified teachers, 133 
 
 General powers and duties of, 134 
 
 To have custody of library 202 
 
 Liability for books lost or injured 203 
 
 To levy tax to build house in place of one condemned, 23 
 
 Consent to alteration of district, 83 
 
 ProceedinLTS where trustees dissent from alteration of school districts 84-88 
 
 Sale of site and conveyance by, 123 
 
 Moneys from sale of site, how applied, 124 
 
 Cannot be collector, clerk or librarian, 12.5 
 
 Must be resident and qualified voter, 12.5 
 
 Form a board and must act as such, lAi 
 
 Meetings of board, 134 
 
 Powers'in case of vacancies 13^1 
 
 To render yearly account to district, 150 
 
 To call special meetings, 13.") 
 
 Xotice of meetinirs in absence of clerk, 135 
 
 To make out tax list and warrant, 130 
 
 To purchase site and build school-house, 136, liS 
 
 To insure school-house and library,.. .J 136 
 
 To employ teachers, ._ 136 
 
 To (Iivide"public money in two or more portions 137 
 
 To draw order on supervisor for teachers' wages, 137 
 
 To Collect residue by tax 137 
 
 Care and custody of school-houses, 139, 14S 
 
 Repairs of school-houses, : 146 
 
 Hiring temporary school rooms, 146 
 
 May provide certain things without vote of district, 146 
 
 Trustees to furnish blank books, 14^1 
 
 Inventory to be kept by 149 
 
 To pay unexpended moneys to successors, ISO 
 
 Penalties for refusal or neglect, 150 
 
 When to sue predecessors in office, l-'il 
 
 When to make annual report to school commissioner, :■ ■ ^^^ 
 
 Annual report, what to contain «. 151, 152 
 
 Directions for making annual reports 153. 1.56 
 
 Directions for levying taxes by tax list and warrant, ^?^'"*^ 
 
 Valuations of property, how ascertained 1T8-1S1 
 
 Certificate on collector's return of unpaid taxes, ISO 
 
 Unpaid taxes to be paid to trustees by county treasurer, lf*9 
 
 Collector's warrant ma v be renewed by 19.2 
 
 When to sue for unpaid taxes, 19-5 
 
 Renewal of collector's warrant, 195 
 
 Amendment of erroneous fax list, •• 196 
 
 Pay teachers bv drawing orders for mone^ 144, 197 
 
 Suit against collectors for forfeitures,... 198 
 
 66
 
 622 Index. 
 
 PAGE. 
 
 Report concerning district library, 210 
 
 Wages of teachers attending institutes. 226 
 
 Costs and expenses in suits and appeals, 105, 236, 238 
 
 Tkustbeb. 
 
 [These references are to the Digest.'] 
 
 An arbitration between the trustees of a school district and a person having a claim 
 against it is proper and legal, and the award binding on the parties, 413 
 
 A school district cannot, by vote, authorize trustees to borrow money on its credit. If 
 the trustees advance money to purchase a librai-y, they may repay themselves out of 
 money voted by tax for that purpose, or received from the State, but they cannot 
 charge interest, 413 
 
 Trustees are not empowered to receive a note in payment of a tax imposed by them, 
 and cannot maintain an action to enforce payment, 413 
 
 When costs have been incurred against district officers in suits by or against them in 
 the discharge of their official duties, a majority of the voters of a district may allow 
 the amount, and the trustees assess the same by tax, 413 
 
 The inhabitants of a school district have no power to direct the trustees to levy a tax 
 to pay the expenses of an arbitration in settling difficulties in a district, 413 
 
 Inhabitants have no right to re-elect, against his will, a person whose resignation has 
 been accepted 413 
 
 The acts of trustees, de facto, holding office under color of an election, subsequently 
 declared void and set aside, are valid and binding upon their successors 413 
 
 Trustees have no lien on moneys belonging to the district, for expenses incurred by 
 them in its behalf, 414 
 
 If they have been directed by the district to act, they can indemnify themselves by levy- 
 ing a tax without a vote of the district for that purpose, 414 
 
 Trustees of a school district have the sole power of making contracts relating to their 
 districts, and of accepting the work performed under them, 414 
 
 When a trustee is absent from a district, so as to be unable to act with his associates, 
 the town superintendent (supervisor), on the application of the other trustees, will 
 appoint a successor, 414 
 
 Trustees cannot retain moneys in their hands to compensate them for services which 
 they may have rendered as trustees, 415 
 
 The drawing of an order for public money is a ministerial act, which does not neces- 
 sarily require the presence of the entire board of trustees, 415 
 
 It is the duty of the trustees to employ a competent teacher, and have a school in their 
 district at least six months (28 weeks) in a year, 416 
 
 Trustees should not be teachers, , 416 
 
 The trustees should call district meetings when requested to do so by a respectable 
 number of inhabitants for a legitimate object, 416 
 
 The official acts of two tnistees, performed without notifying or consulting the other, 
 are illegal and void, 416 
 
 When a trustee is unable to discharge his duty as such trustee, by reason of imprison- 
 ment, the town superintendent (supervisor) may appoint his successor after the 
 expiration of thirty days from the time of such imprisonment, 417 
 
 Trustees have the power to call special district meetings whenever they shall deem it 
 necessary and proper, even though a meeting for'the same purpose stands adjourned 
 for a period more or less remote, 417 
 
 "X district meeting may prescribe the terms of a contract for building a school-house,. . . 418 
 
 The trustees of a district are the only legal authority by which the vote of a district can 
 be carried into execution, 418 
 
 Where a building committee, in concert with the trustees, are invested with discre- 
 tionary power, by resolution of a district, and have entered upon the execution of 
 their trust, by making contracts for materials, etc., the district cannot control or 
 interfere with their plans, 410 
 
 The election of a trustee at an adjourned meeting valid, 419 
 
 If a trustee renders his annual account to an adjourned annual meeting, he will not be 
 removed becauee it is unsatisfactory 419 
 
 The Superintendent has power to remove a trustee from office, for corruption or inten- 
 tional neglect of official duties, or for willful disobedience of the orders of the 
 department 420 
 
 The State Superintendent will, on proper application, remove a trustee for unwarrant- 
 able neglect of official duty 420 
 
 When a town superintendent (supervisor) connives with a trustee to procure his resig- 
 nation, and conceals it from the district, so that the inhabitants cannot elect a 
 successor within thirty davs after the resignation, and the town superintendent 
 then makes the api)ointment, the department will set the appointment aside and 
 order a new election, 421 
 
 A trustee will be removed from office where it appears that he persistently refuses to 
 assist his associat(^s in making out a tax list ordered by a district meeting, 422 
 
 What will justify the removal of trustees, . . 422 
 
 A trustee will not be removed for refusing to concur with his associates in their policy 
 in the muuugemeut of district afiaird, nor for supporting a private school, 423
 
 X 
 
 Index. 523 
 
 PAOB, 
 
 Petition for tlie removal of a trustee for not agreeing with his associates, and for using 
 
 rude and tincourteous language toward them, denied, .-. 423 
 
 Petition for the removal of a trustee for not agreeing with his associates, and for not 
 
 being a suitable person for the office, denied, 423 
 
 A trustee will not be removed because he ditlers from his associates in opinion, 423 
 
 Where the trustees contracted with a man to build a school-house, and afterward con- 
 tracted with another, who built the hou^e ; held, that the remedy of the first con- 
 tractor is at law, and not on an ai)peal to this department, 423 
 
 Trustees will not be required to let the building of a school-house to the lowest bidder, 
 
 unless so instructed by a vote of tlie iuliabitants 434 
 
 Trustees may employ a person to do the merely clerical work of computing and writing 
 out the tax list, they making the comparisons with the assessment roll, and fixing 
 
 valuations of property not oil the roll 424 
 
 Where the action of trustees is appealed from on the grounds of illegality, the illegality 
 must be proved as alleged. Until it is, the action of the trustees will be presumed 
 
 to have been legal 424 
 
 A trustee cannot be permitted to avail himself of his oificial position to adjust the 
 
 amount of compensation for fuel furnislied by him to the district 424 
 
 A general vote of a meeting in favor of a peaceful adjustment of protracted controver- 
 sies and lawsuits does not confer upon the trustees power to levy a tax for the pur- 
 pose of paj'ing any and all claims that may have arisen in consequence of such 
 
 controversies,.. 425 
 
 An agreement in writing between a trustee and a contractor to build a school-house 
 
 niust have an internal revenue stamp affixed in order to be valid, 423 
 
 A person elected as a librarian of a school district cannot be displaced except by a 
 direct procedure on the part of some competent legal authority, on information in 
 tlie nature of quo ivarranto, or on appeal from the election, even though the incum- 
 bent be an infant, 425 
 
 Not liable for clerk's fraud, '140 
 
 Neglect to serve, 445 
 
 Neglect to account, 443 
 
 Power to remove encroachment, 445 
 
 Power to contract, 4-J5 
 
 Liability to teacher, 445 
 
 ('osts against, 446 
 
 Officiarcharacter, how established, 447 
 
 Implied power to sue 418 
 
 Implied liability to be sued, 449 
 
 Taxable for property held in trust, 44!l 
 
 Powers of trustees as to vacancies, 450 
 
 Powers of trustees as to teachers, 450 
 
 Trusts pon Benefit of Common Schools. 
 By whom and to whom may be made, 48 
 
 u. 
 
 Union School Districts. 
 [These references are to the Digest. '\ 
 
 Trustees have no right to refuse to call a special meeting for the purpose of considering 
 .he question of organizing a union free school, when requested by fifteen legal voters 
 of the district to call such meeting, 420 
 
 The notice of a meeting to organize a union free school need not recite the names of 
 the petitioners 42G 
 
 If the notice contain irrelevant matter, it will be regarded as surplusage, 426 
 
 The notice of a meeting to form a union free school district must state the qual ideations 
 of voters, as required by law, 427 
 
 The trustees of a union free school district must be elected by ballot 427 
 
 A meeting, though duly called, cannot acquire jurisdiction of the question of forming a 
 union free school, when less than one-third of the legal voters of the district are 
 present, 42S 
 
 Where less than one-third of the voters of the district is present at a special meeting, 
 the meeting cannot take action in the matter of organizing a union free school 423 
 
 In a meeting called to organize a union free school district, it requires an affirmative 
 vote of two-thirds of those present and voting in order to establish such district.. . . 423 
 
 The trustees of a union free school district are the legal suc(-essors of the trustees of 
 the several districts consolidated, and, of course, are entitled to receive the several 
 moneys apportioned on account of those districts 420 
 
 A " union free school district" is not entitled to elect a district clerk in addition to the 
 board of education, 429
 
 f 
 
 524 Index. 
 
 PAGE. 
 
 A union free school district which has once deterinineci npon the nnmber of trustees 
 constituting the board of education has no power to increase or dimmish the num- 
 ber, ". 429 
 
 In union free school districts, the cleric of the board is the district clerk, and as such is 
 the proper person to give notice of special meetings of the voters, 439 
 
 The board of education of a union free school must make to the school commissioner 
 the same kind of a report as is required of trustees, 429 
 
 Board of education of union free uchool districts can at any time appoint a new treasu- 
 rer or collector, 429 
 
 Treasurer and collector of union free school district cannot he a memlDer of board of 
 education, 429 
 
 Union free school districts not limited in the amount they can raise for the building of 
 school-houses, nor need they obtain consent of supervisor where more than $1,000 
 is to be raised for that purpose 430 
 
 Board of education of union free school districts has no power to levy a tax for pay- 
 ment of teacher's wages, without vote of district authorizing it, except an estimate 
 of needful amount for this purpose lias been presented by the board at some annual 
 or special meeting, and inhabitants neglected or refused to vote said tax .' 430 
 
 Boards of education of union free school districts have no power to fix a different time 
 for annual meetings than what the law has appointed. Meetings held on other 
 days Illegal 430 
 
 A vivcl voce vote to raise a tax for building in a union free school district is legal and 
 binding upon inhabitants. Union free school districts may raise any necessary sum 
 for building without consent of supervisors. New building must be erected upon 
 site now owned and occupied by district, unless inhabitants direct otherwise. 
 Board must not sell or tear dowa old house without consent of inhabitants, nor 
 must they fence school lot, or supply house with school furniture, without direc- 
 tions from inhabitants, 430 
 
 A pupil may be expelled from the school by order of the Isoard of education for immoral 
 conduct or persistent disobedience 431 
 
 The board has the right to prescribe the course of study and the text books, 431 
 
 The board has the further right to require regular and prompt attendance on the part 
 of the pupils, 4.31 
 
 Free school districts cannot return to the old system, 431 
 
 Board of education of a union free school district cannot appoint as treasurer or 
 collector a person who is not a taxable inhabitant of the district; but if the one 
 appointed collector possesses personal property valued at fifty dollars, exclusive 
 of such as is by law exempt from levy and sale on execution, he is a taxable 
 inhabitant 431 
 
 The trustees of a union free school district elected at the first meeting enter upon their 
 office forthwith, and hold office until one, two or three years from the second 
 Tuesday of October coincident with or following their election, 431 
 
 Union Fkee School Districts. 
 
 Formation of, 211 
 
 Election of trustees, 214 
 
 Treasurer and collector of, 21f) 
 
 Corporate authorities to levy tax for, 217 
 
 Powers of meetings in, 218, 219 
 
 No rate bills in 21!) 
 
 Board of education, powers of, 219 
 
 Manner of levying taxes in, 221 
 
 Treasurers to have custody of moneys, 222 
 
 Payment and disbursement of moneys in 222 
 
 Academical department, 223 
 
 Reports from 223 
 
 Removal of officers of, 224 
 
 Contingent expenses, how decided, 221 
 
 University, Regents of 
 Title of acts incorporating, .' 487 
 
 U. S. Deposit Fund. 
 
 How apportioned 43 
 
 Revenue of, how first appropriated, 4tJ4 
 
 Education of common school teachers, 4I'A 
 
 V. ' 
 
 Vacancy. 
 
 [ T7iese rcfercncef; are to the Digest^ 
 
 A person elected at the same time clerk and trustee, and accei)ting the office of trustee, 
 vacates the clerkship, and a new clerk must be elected or appointed in his place,. .. 432
 
 Index. 525. 
 
 PAGB. 
 
 A tmstee cannot bf> librarian, 433 
 
 District, otiiccrs cease to be sucli when set oft' from an old district to a new one 433 
 
 Where a town superintendent (siii)ervisor) decides that a vacancy exists in the ofhce of 
 trustee, he should wait one mouth after announcing his decision before assuming to 
 
 till the vacancy 432 
 
 A member of«a board of education elected to and accepting the oflico of supervisor 
 vacates his office as member of such board. The remaining members of the board 
 
 have power to fill the vacancy until the next annual meeting, 432 
 
 A Iciral appointment by the supervisor, of a trustee to fill a vacancy, cannot be set 
 
 aside by the department, nor be superseded by an election, 433 
 
 Appoiutuient of trustee by supervisor to lill vacancy is not for the balance of unexpired 
 
 term, l)ut only till next annual meeting, 433 
 
 An incapacity existing at the lime of the election of trustees, which the voters liave 
 disregarded, must be judicially declared by this department, before a vacancy is 
 
 created that will authorize a new election, 433 
 
 Election to till 44.5 
 
 Powers of trustees to fill, 450 
 
 Vacancies, now filled 
 
 In district onices 127, 134 
 
 In office of school commissioner, 20 
 
 Office of State Superintendent, 1 
 
 Vagrant Children. 
 Act to provide for, 264 
 
 Valuation op Property. 
 
 How ascertained, 178 
 
 Reduction in, 180 
 
 Van Dtck, H. H. 
 Superintendent of Public Instruction, 3 
 
 Visitors, 
 Of common schools, ,.. 14 
 
 Voters. 
 
 Qualiflcations of, 98 
 
 Challenge of, 103 
 
 Illegal voting, penalty for, 103 
 
 Voters. 
 [These references are to (he Digest.'] 
 
 In an appeal to sot aside the proceedings of a meeting on account of illegal voting, it 
 it is not enough to alleije that a man was not a legal voter. The specific grounds 
 of disqualification should be set forth "^ 433 
 
 An election will not be set aside because of illegal votes when they do not aflfect the 
 result 4.^3 
 
 Proceedings carried by illegal votes will be set aside on appeal, 434 
 
 An alien who is a legal voter may hold office in a school district 434 
 
 In electing trustees,'the form of the ballot is not material, if it unmistakably express 
 the voter's preference, 434 
 
 Qualiflcations necessary to entitle aliens to vote at district meetings, 434 
 
 A chairman of a school district meeting is entitled to a vote upon all questions involv- 
 ing the levying of a tax, 435 
 
 Who are legal voters at district meetings, and what vote is necessary to raise tax by 
 installments, 435 
 
 An alien, thougli he has taken the incipient measures to be naturalized, is not qualified 
 to vote at a school district meeting in the district where he resides, unless an 
 affidavit of that fact be filed and recorded in the office of the Secretary of State, . .. 436 
 
 The right to vote at a school dis'rict meeting does not depend upon the fact that the 
 person oft'ering to vote has been actually taxed, but rather upon his liability to taxa- 
 tion, . ". 437 
 
 Amotion to reconsider a vote of a district meeting maybe made by a person voting 
 with the minority, unless the meeting have a ditl'erent rule, 437 
 
 Right of inhabitant to vote! at school district meeting depends not on his being taxed, 
 but on his liability to be taxed 437 
 
 The fact that a man hires a house by the month or by the week, and pays the rent by his 
 labor, and not in casli, does not cliange or take away his right to vote at school 
 meetings. The rent of the house forms a part of the consideration paid for his 
 labor, 438
 
 526 Index. 
 
 PAGE. 
 
 Chairman of board of education may vote 433 
 
 A husband cannot vote at disti-ict meeting because his wife owns real estate. He must 
 have personal property of his own above the value of $50, and possess all other 
 
 necessary legal qualifications, 438 
 
 A negro of full age residing in a district, and owning or hiring real estate therein, is 
 entitled to vote at school district meetings, even though he has not rbal estate 
 
 assessed at $250, 439 
 
 Deserters are not by law disqualified to vote at district meetings, 4.39 
 
 Qualifications of certain ofhce holders 439 
 
 Moderator of a school meeting may vote, 439 
 
 Duty of moderator, when vote is challenged, to find if person offering it is a legal voter, 439 
 The law does not declare the quantity of real estate necessary to entitle a man to vote 
 
 at district meetings, 439 
 
 When the trustees have neglected to raise a tax voted, a new vote may be taken, 441 
 
 w. 
 
 Waerant. 
 
 For collection of tax, form of, 169 
 
 May be executed where , 191 
 
 May be renewed once by trustees, 195 
 
 Time for execution. of, 138 
 
 Dow signed, 191 
 
 Renewed warrant is a new warrant,. . 195 
 
 Second renewal by consent of supervisor, 196 
 
 Power to sell expires with the day limited for its return, 198 
 
 "Warrant. 
 \_ThcM references are to the Digest. 1 
 
 How to be executed 444, 450 
 
 Signature to warrant, 444 
 
 Renewal of, 444, 450, 451 
 
 Liability of collector 444 
 
 When protected by warrant, 447 
 
 Exempt property, 448 
 
 Tardy execution, 448 
 
 Seal afllxed to warrant, 450 
 
 How far a protection, 451 
 
 Y. 
 
 Yates, J. V. N. 
 Secretary of State and Superintendent of Common Schools, 3 
 
 Year. 
 
 School year, 44 
 
 Official year, 126 
 
 Young, Samitel 
 Secretary of State and Superintendent of Common Schools, S
 
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 i
 
 CHAPTER 746. 
 
 AN ACT 
 
 TO AMEND AN ACT ENTITLED ^'AN ACT TO REVISE 
 AND CONSOLIDATE THE GENERAL ACT RELATING 
 TO PUBLIC INSTRUCTION," PASSED MAY SECOND, 
 EIGHTEEN HUNDRED AND SIXTY-FOUR. 
 
 Passed April 26, 1871 ; three-fifths being present. 
 
 The People of tlie State of New YorJc, represented 
 in Senate and Assembly, do enact as follows : 
 
 Section 1. Section nine of title thirteen of the act 
 entitled "An act to revise and consolidate the general 
 act relating to public instruction," passed May sec- 
 ond, eighteen hundred and sixty-four, is hereby 
 amended so as to read as follows : 
 
 § 9. Whenever an officer or officers mentioned in 
 the last preceding section of this act shall have com- 
 plied with the provisions of said section, and the in- 
 habitants shall have refused to direct the trustees to 
 levy a tax for the payment of the costs, charges and 
 expenses therein mentioned, it shall ])e lawful for him 
 or them then and there to give notice, orally and 
 publicly, that he will appeal to the count}^ j'^^gs 
 of the county, and in case of his disability to 
 act in the matter by reason of being disquali- 
 fied or otherwise, then to the district attorney 
 of the county in which the school-house of said 
 district is located, from the refusal of said meet- 
 ing to vote a tax for the paj^ment of said claim ; and 
 the inhabitants may then and there, or at any sub- 
 sequent district meeting, appoint one or more of the 
 inhabitants of the district to protect the rights and 
 interests of the disti-ict upon said appeal ; and the
 
 officer or officers before mentioned shall there- 
 upon, within ten days, serve upon the clerk of 
 said district (or if there be no such clerk, upon the 
 town clerk of the town) a copy of the aforesaid 
 account so sworn to, together with a notice, in writ- 
 ing, that on a certain day therein specified he or 
 they intend to present such account to the county 
 judge or to the district attorney, as the case may be, 
 for settlement. And the clerk shall record such 
 notice, together with the copy of the account, and the 
 same shall be subject to the inspection of the inhab- 
 itants of the district. And it shall be the duty of 
 the person or persons appointed by any district 
 meeting for that purpose to appear before the county 
 judge or the district attorney, as the case may be, 
 on the day mentioned in the notice aforesaid, and to 
 protect the rights of the district upon such settle- 
 ment ; and the expenses incurred by them in the 
 performance of this duty shall be a charge upon said 
 district, and the trustees, upon presentation of the 
 account of such expenses, with the proper voucher 
 therefor, may levy a tax therefor, or add the same 
 to any other tax to be levied by them ; and their 
 refusal to levy said tax for the payment of said ex- 
 penses shall be subject to an appeal to the superin- 
 tendent of public instruction. 
 
 § 2. Section ten of title thirteen of said act is 
 hereby amended so as to read as follows : 
 
 § 10. Upon the appearance of the parties, or upon 
 due proof of service of the notice and copy of the 
 account, the county judge or district attorney, as the 
 case may be, shall examine into the matter, and hear 
 the proofs and allegations propounded by the par- 
 ties, and decide by order whether or not the account, 
 or any and what ]>ortion thereof, ought justly to be 
 cliargt'd upon the district, and his decision shall be 
 final ; but no ])ortion of such account sliall be so 
 ordei-ed to be paid which shall appear to the county 
 judge or to tho distri(;t attorney, as tlu^ cas(3 may be, 
 to have arisen from the willful neglect or misconduct 
 of the claimant. Tlio account, with the oath of the
 
 party cjaiming tlie same, sliall be prima facie evi- 
 dence of the correctness thereof. The county judge 
 or district attorney, as tlie case may be, may adjourn 
 the hearing from time to time as justice shall seem 
 to require. 
 
 § 3. This act shall take effect immediately.
 
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