"• 
 
 IjhHHb 
 
 
 A 
 
 A — 
 
 =SS c: 1 
 
 AS 
 
 === : " 1 
 
 o m 
 
 
 = 
 
 :r 1 
 
 — m I 
 = ^ 1 
 
 o M 
 
 = 3D 1 
 
 
 ■■" m 1 
 
 2 a 
 
 = - 1 
 
 = o 1 
 
 9 = 
 
 : 1 
 
 2 m 
 
 ^^" i — 1 
 
 ^= en 1 
 
 
 — Jd 1 
 
 o m 
 
 = 3> 1 
 
 =^ 30 1 
 
 = -< 1 
 
 8 m 
 
 == 2> 1 
 
 9 m 
 
 == O 1 
 
 ~ i— 1 
 
 
 =Z — < 1 
 
 
 -< 1 
 
 
 
 lifornia 
 
 onal 
 
 Lity
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 GENERAL SCHOOL LAW 
 
 OF THK 
 
 STATE OF NEW YORK. 
 
 1866. 
 
 This Book is the Property of the School District.
 
 V
 
 ffly 
 
 fUVoA. [S\M U^siAHefc. 
 
 GENERAL SCHOOL LAW 
 
 OF THE 
 
 STATE OF NEW YORK. 
 
 CHAPTER 555 OF THE LAWS OF 1S64, AS AMENDED 
 BY THE LAWS OF 1865-6, 
 
 TO WHICH IS APPENDED 
 
 Chapter 761 of tlie Laws of 1866, 
 AUTHORIZING THE TAXATION OF STOCKHOLDERS OF BANKS, 
 
 AND 
 
 CHAPTER 800 OF THE LAWS OF 1866, 
 
 IN RELATION TO TAKING LANDS FOR 
 
 SCHOOL HOUSE SITES 
 
 ALBANY: 
 
 WEED, PARSONS AND COMPANY, PRINTERS. 
 1366. 


 
 
 S 
 
 
 CHAP. 555. 
 
 AN ACT to revise and consolidate the General Acts 
 relating to Public Instruction. 
 
 Passed May 2, 1864, three-fifths being present. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as folloivs: 
 
 TITLE I. 
 
 OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, 
 HIS ELECTION AND GENERAL POWERS AND DUTIES. 
 
 Section 1. The office of state superintendent of state super- 
 public instruction is continued, and the term of said Ms e efe e ction 
 office shall be three years, commencing on a clay after office? 1 ™ of 
 an election thereto, and continuing- until a successor 
 shall have been duly elected. Such superintend- 
 ent shall be elected by joint ballot of the senate 
 and assembly, on the first Tuesday of April, one thou- 
 sand eight hundred and sixty-five, and on the first 
 Tuesday of April next after the occurrence of any 
 vacancy in the office. 
 
 § 2. He shall appoint a deputy ; and in case of a Deputy su- 
 vacancy in the office of superintendent, the deputy ent! ntend " 
 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 vacancy. 
 superintendent and deputy shall be vacant, the gov- 
 ernor shall appoint some person to fill the office, until 
 the superintendent shall be elected and assume it. 
 
 % 3. The superintendent's office shall continue to office in 
 be in the state hall, and maintained at the expense state halL 
 of the state. 
 
 % 4. His salary shall be two thousand five hundred salary. 
 dollars a year, payable quarterly, by the treasurer, 
 on the warrant of the comptroller. 
 
  
 
 ACT RELATING TO 
 
 Seal. 
 
 Ex-officio. 
 
 Institution 
 for deaf 
 and dumb, 
 blind, &c. 
 
 * § 5. He may appoint so many clerks as he may 
 deem necessary ; 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 paya- 
 ble monthly by the treasurer, on the warrant of 
 the comptroller and the certificate of the superin- 
 tendent. 
 
 § 6. The seal of the superintendent, of which a 
 description and impression are now on file in the 
 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 authen- 
 ticated under the said seal, and, when so authentic- 
 ated, shall be evidence equally with and in like 
 manner as the originals. 
 
 § 7. The superintendent shall be, ex-oflQcio, a trus- 
 tee 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 chairman of the execu- 
 tive committee of the state normal school ; he shall 
 have the general supervision of the training school 
 for primary 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 
 chapter seventy-one of the laws of eighteen hundred 
 and fifty-six. 
 
 § 8. The institution for the instruction of the deaf 
 and dumb, the New York institution for the blind, 
 and all other similar institutions, incorporated, or 
 that may be hereafter incorporated, shall be subject 
 to the visitation of the superintendent of public 
 instruction, and it shall be his duty : 
 
 1. To inquire, from time to time, into the expendi- 
 tures of each institution, and the systems of instruc- 
 tion pursued therein, respectively ; 
 
 2. To visit and inspect the schools belonging 
 thereto, and the lodgings and accommodations of 
 the pupils ; 
 
 * As amended by chapter 520, Laws of 1866.
 
 PUBLIC INSTRUCTION. 
 
 5 
 
 3. To ascertain, by a comparison with other simi- 
 lar institutions, whether any improvements in instruc- 
 tion and discipline can be made ; and for that purpose 
 to appoint from time to time suitable 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 matters before enumerated, and particularly 
 as to the condition of the schools, the improvement 
 of the pupils, aud their treatment in respect to board 
 and lodging. 
 
 g 9. Every indigent person, resident in this state, 
 between twelve and twenty-live years of age, whose 
 parent or parents, or, if an orphan, whose nearest 
 friend, shall have been resident in this state for the 
 three years preceding, and who may make application 
 for that purpose, shall be received, if deaf and dumb, 
 into the institution for 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 
 established, 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 subse- 
 quently modify as he shall deem expedient. 
 
 § 10. Each pupil so received into either of the 
 institutions aforesaid, shall be provided with board, 
 lodging and tuition ; and the directors of the institu- 
 tion shall receive for each pupil so provided for, the 
 sum of dollars per annum, in quarterly pay- 
 
 ments, 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 attending the insti- 
 tution, and which bill shall be signed by the president 
 aud secretary of the institution, and verified by their 
 oaths. The regular term of instruction for such 
 pupils shall be nve years ; but the superintendent of 
 
 Superin- 
 tendent to 
 report an- 
 nually. 
 
 Terms of 
 admission. 
 
 State pu- 
 pils ; ac- 
 commoda- 
 tion, com- 
 pensation, 
 &c. 
 
 Term of 
 instruction.
 
 ACT RELATING TO 
 
 School 
 visitor. 
 
 Superin- 
 tendent to 
 visit the 
 common 
 schools. 
 
 Annual 
 report. 
 
 State cer- 
 tificates. 
 
 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 preced 
 ing section of this title, shall be designated state 
 pupils; and all the existing provisions of law appli- 
 cable to state pupils now in said institutions shall 
 apply to pupils herein provided for. 
 
 $ 11. The superintendent of public instruction may 
 make such regulations and give such directions to 
 parents and guardians, in relation to the admission 
 of pupils into either of the above-named institutions, 
 as will prevent pupils entering the same at irregular- 
 periods. 
 
 $ 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 respect- 
 ing their condition and management, and the means 
 of improving them, as he shall prescribe ; but no 
 allowance or compensation shall be made to such 
 visitors for their services or expenses. 
 
 $ 13. So often as he can, consistently with his 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 officers 
 thereof. 
 
 § 14. He shall submit to the legislature an annual 
 report, containing : 
 
 1. A statement of the condition of the common 
 schools of the state, and of all other schools and insti- 
 tutions under his supervision, and subject to his visit- 
 ation 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 advancement of public instruc- 
 tion in the state as he shall deem expedient. 
 
 § 15. He may, on the recommendation of any 
 school commissioner, 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. While
 
 PUBLIC INSTRUCTION. 
 
 unrevoked, such certificate shall be conclusive evi- 
 dence that the person to whom it was granted, is 
 qualified, by his moral character, 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, whenever, in his 
 judgment, it may be necessary or expedient for him 
 to do so. 
 
 g 16. Upon cause shown to his satisfaction, he 
 may annul any certificate of qualification granted to 
 a teacher by a school commissioner, or declare any 
 diploma issued by the state normal school inef- 
 fective and null as a qualification to teach a common 
 school withiu this state, and he may reconsider and 
 reverse his action in any such matter. 
 
 § 17. He shall prepare and keep in his office alpha- 
 betical lists of all persons who have received, or shall 
 receive, certificates of qualification from himself, or 
 diplomas of the state normal school, with the dates 
 thereof, and shall note thereon all annulments and 
 reversals of such certificates and diplomas, with the 
 date and causes thereof, together with such other 
 particulars as he may deem expedient. 
 
 § 18. Whenever it shall be proven, to his satisfac- 
 tion, that any school commissioner, or other school 
 officer, has been guilty of any willful violation or 
 neglect of duty under this act, or any other act per- 
 taining to common schools, or of willfully disobeying 
 any decision, order or regulation of the superintend- 
 ent, the superintendent may, by an order under his 
 hand and seal, which order shall be recorded in 
 his office, remove such school commissioner or other 
 school officer from his office. 
 
 § 19. He shall prepare suitable registers, blanks, 
 forms and regulations for making all reports and 
 conducting all necessary business under this act, 
 and shall cause the same, with such information and 
 instructions as he shall deem conducive to the proper 
 organization and government of the common schools, 
 and the due execution of their duties by school offi- 
 cers, to be transmitted to the officers and persons 
 intrusted with the execution of the same. 
 
 May annul 
 certificates. 
 
 Lists of 
 persons 
 holding 
 state certi- 
 ficates and 
 normal 
 school 
 diplomas. 
 
 Superintend 
 ent may 
 remove 
 school com- 
 missioners. 
 
 Shall pre- 
 pare regis- 
 ters, blanks, 
 &c.
 
 8 
 
 ACT RELATING TO 
 
 TITLK II. 
 
 School • 
 commis- 
 sioners. 
 
 School 
 commis- 
 sioner dis- 
 tricts. 
 
 Election of 
 commis- 
 sioners. 
 
 Term of 
 office. 
 
 Oath of 
 office. 
 
 Commis- 
 sioner may 
 resign. 
 
 IIow vacan- 
 cy in office 
 of school 
 commis- 
 sioner 
 filled. 
 
 OF THE SCHOOL COMMISSIONERS, THEIR ELECTION, 
 POWERS AND DUTIES. 
 
 Section 1. The office of school commissioner is 
 continued, and the present incumbents shall con- 
 tinue in office in their respective districts, tor 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 commis- 
 sioners at the annual election in eighteen hundred 
 and sixty-three, shall continue to be held and re- 
 garded as the school commissioner districts in this 
 state, except as the same shall be altered or modi- 
 fied by the legislature. 
 
 § 3. The school commissioner for each school com- 
 missioner 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 shall 
 be indorsed " school commissioner." The laws regu- 
 lating the election of and canvassing the votes for 
 county officers shall apply to such elections. 
 
 § 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. 
 
 g 5. A commissioner may, at any time, vacate his 
 office, by filing his resignation with the county clerk. 
 His removal from the county, or his acceptance of 
 the office of supervisor, town clerk or trustee of a 
 school district, shall vacate his office. 
 
 * § G. The county clerk, so soon as he has official 
 or other notice of the existence of a vacancy in the 
 
 * As amended by sec. 1, chap. 647, Laws of 1865.
 
 PUBLIC INSTRUCTION. 
 
 office of commissioner, shall give notice thereof to 
 the county judge, or if that office be vacant, to the 
 superintendent of public instruction. In case of a 
 vacancy the county judge, or if there be no county 
 judge, then the superintendent, shall appoint a com- 
 missioner, who shall hold his office until the first of 
 January succeeding the next general election, and 
 until his successor, who shall be chosen at such gen- 
 eral election, shall have qualified. A person elected 
 to fill a vacancy shall hold the office only for the 
 unexpired term. 
 
 § 7. Every commissioner shall receive an annual 
 salary of five hundred dollars, payable quarterly, 
 by the treasurer, on the warrant of the comptroller 
 and the certificate of the superintendent of public 
 instruction, out of the income of the United States 
 deposit fund appropriated to this purpose, or to the 
 support of common schools. 
 
 § 8. Whenever a majority of the supervisors from 
 all the towns composing a school commissioner dis- 
 trict shall adopt a resolution to increase the salary 
 of their school commissioner, beyond the five hun- 
 dred dollars payable to him from the United States 
 deposit fund, it shall be the duty of the board of 
 supervisors of the county to give effect to such reso- 
 lution, and they shall assess the increase stated 
 therein upon the 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 shall annually audit 
 and allow the necessary expenses of each commis- 
 sioner within the county, to an amount not exceeding 
 two hundred dollars, and assess and levy the amount 
 by tax upon the towns composing his district. 
 
 g 10. Whenever the superintendent of public 
 instruction is satisfied that a school commissioner has 
 persistently neglected to perform his duties, he may 
 withhold his order for the payment of the whole 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 forfeit- 
 ure, in whole or in part, upon the commissioner dis- 
 proving or excusing such neglect. 
 
 § 11. A commissioner, upon the written request of 
 the commissioner of an adjoining district, may per- 
 
 2 
 
 Salary of 
 echool com- 
 missioner. 
 
 Supervis- 
 ors may 
 increase the 
 salary of 
 commis- 
 sioner. 
 
 Commis- 
 sioner's 
 expenses 
 $200. 
 
 Superin- 
 tendent may 
 withhold 
 commis- 
 sioner's 
 6alary. 
 
 Commis- 
 sioner to 
 serve for 
 another.
 
 10 
 
 ACT RELATING TO 
 
 Not to not 
 n~ agent for 
 author or 
 publisher. 
 
 Duties of 
 school com- 
 missioner. 
 
 Commis- 
 sioners to 
 amend 
 boundaries 
 of districts, 
 etc. 
 
 To visit and 
 
 examine 
 
 schools. 
 
 Libraries, 
 school 
 houses, &c. 
 
 Studies. 
 
 form any of his duties for him, and upon requirement 
 of the state superintendent ot public instruction 
 must perform the same. 
 
 § 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 com- 
 mon school, or the purchase of any book for a district 
 library. Any one who shall procure or solicit a vio- 
 lation of this provision, or any part thereof, shall be 
 guilty of a misdemeanor; and any such violation 
 shall subject the guilty commissioner to removal from 
 his office by the superintendent of public instruction. 
 
 S 13. Every commissioner shall have power, 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 iudeliuite, 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 rela- 
 ting to the management, the course of study and 
 mode of instruction, and the text books and disci- 
 pline of such schools, and the condition of the school 
 houses, sites, out-buildings and appendages, and of 
 the district generally ; to examine the district libra- 
 ries ; to advise with and counsel the trustees and 
 other 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 con- 
 nected therewith ; and to recommend to the trustees 
 and teachers the proper studies, discipline and man- 
 agement of the schools, and the course of instruction 
 to be pursued. 
 
 *As amended by sec. 2, chap. 017, Laws of 1865.
 
 PUBLIC INSTRUCTION". 
 
 11 
 
 . 3. Upon such examination, to direct the trustees to 
 make any alteration or repair which shall, in his 
 opinion, be necessary to the health or comfort of the 
 pupils ; and to abate any nuisance in or upon the prem- 
 ises, provided the same can be done at an expense 
 not exceeding twenty-five dollars. 
 
 4. In concurrence with the supervisor of the town 
 in which a school house is situated, by an order under 
 their hands, reciting the reason or reasons, to con- 
 demn such school house, if they deem it wholly unfit 
 for use and not worth repairing, and to deliver the 
 order to the trustees, or one of them, and transmit a 
 copy to the superintendent of public instruction. 
 Such order, if no time for its taking eifect be stated 
 in it, shall take effect immediately ; and from the 
 time of its taking effect, the district whose house it 
 was, shall not, in respect to it, or to teachers 
 employed or pupils taught in it, be entitled to share 
 in any school or library moneys in this act men- 
 tioned. 
 
 5. To examine persons proposing to teach com- 
 mon schools within his district, and not possessing 
 the superintendent's certificate 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 qualifi- 
 cation, 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. 
 
 7. To examine any charge affecting the moral 
 character of any teacher within his district, first 
 giving such teacher reasonable notice of the charge, 
 and an opportunity to defend himself therefrom ; 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 certifi- 
 cate of the superintendent, or a diploma of the state 
 normal school, to notify the superintendent forthwith 
 of such annulment and declaration. 
 
 8. And, generally, to use his utmost influence and 
 most strenuous exertions, to promote sound educa- 
 tion, elevate the character and qualifications of 
 teachers, improve the means of instruction and 
 
 To direct 
 trustees to 
 make re- 
 pairs. 
 
 To condemn 
 unfit school 
 houses. 
 
 To exam- 
 ine and 
 license 
 teachers. 
 
 Re-exam- 
 ine. 
 
 To examine 
 charges 
 against 
 teachers. 
 
 Annual 
 certificates.
 
 12 
 
 ACT RELATING TO 
 
 Commis- 
 sioners to 
 take affida- 
 vits. 
 
 Subject to 
 
 the super- 
 intendent 
 of pnblic 
 
 instruction. 
 
 To report 
 annually, 
 
 advance the interests of the schools under his super- 
 vision. 
 
 § 14. Every school commissioner shall have power 
 to take affidavits and administer oaths in all matters 
 pertaining to common schools, but without charge 
 or fee ; and, under the direction of the superintend- 
 ent of public instruction, to take and report to him 
 the testimony in any case of appeal. 
 
 § 15. The commissioners shall be subject to such 
 rules and regulations 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. They shall, when- 
 ever thereto required by the superintendent, report 
 to him, as to any particular matter or act, and shall 
 severally make to him annually, up to the first day 
 of October in each year, a report in such form, and 
 containing all such particulars as he shall prescribe 
 and call for ; and for that purpose shall procure the 
 reports of the trustees of the school districts from 
 the town clerks' offices, and after abstracting the 
 necessary contents thereof, shall arrange and indorse 
 them properly, and deposit them with a copy of his 
 own abstract thereof, in the office of the county 
 clerk ; and the clerk shall safely keep them. 
 
 TITLE III. 
 
 OF THE STATE AND OTHER SCHOOL MONEYS, THEIR 
 APPORTIONMENT AND DISTRIBUTION, AND HEREIN, 
 OF TRUSTS AND GIFTS FOR THE BENEFIT OF COM- 
 MON SCHOOLS. 
 
 State tax 
 for the sup- 
 port of 
 schools. 
 
 FIRST ARTICLE. 
 
 Of the state school moneys and their apportionment oy 
 the superintendent of puhlic instruction, and pay- 
 ment to the county and city treasurers. 
 
 Section 1. There shall continue to be raised by 
 tax, in the present and each succeeding year, upon 
 the real and personal estate of each county within the 
 state, three-fourths of a mill upon each and every 
 dollar of the equalized valuation of such estate, 
 for the support of common schools in the state ;
 
 PUBLIC INSTRUCTION. 
 
 13 
 
 and the proceeds of such tax shall be apportioned and 
 distributed as herein provided. 
 
 § 2. No clerk of any board of supervisors, 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 supervisors 
 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 by his draft, countersigned 
 aud entered by the superintendent of public instruc- 
 tion. No such money shall be paid out of the treas- 
 ury except upon such warrant of the superintendent, 
 countersigned by the comptroller, referring to the 
 law under which it is drawn. The superintendent 
 shall countersign and enter all checks drawn by the 
 treasurer in payment of his warrants, and all receipts 
 of the treasurer for such money paid to the treasurer, 
 and no such receipt shall be evidence of payment 
 unless it be so countersigned. 
 
 g 4. The comptroller may withold the payment of 
 any moneys to which any county may be entitled, 
 from the appropriation of the incomes of the school 
 fund and the United States deposit fund for the sup- 
 port of common schools, until satisfactory evidence 
 shall be furnished to him that all moneys required by 
 law to be raised by taxation upon such county, for 
 the support of schools throughout the state, have 
 been collected and paid or accounted for to the state 
 treasurer ; and whenever, in consequence of the fail- 
 ure of any county to pay such moneys, there shall be 
 a deficiency of moneys in the treasury applicable to 
 the payment of school moneys to which any other 
 county may be entitled, the treasurer and superin- 
 tendent of public instruction are hereby authorized to 
 make a temporary loan of the amount so deficient, 
 and such loan and the interest thereon 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 by 
 the board of supervisors thereof, at the next ensuing 
 assessment, and shall be paid into the treasury in the 
 same manner as other taxes. 
 
 Clerk of 
 board of 
 supervisors 
 may not 
 omit to in- 
 clude the 
 three-fourth 
 mill tax. 
 
 Shall be 
 paid into 
 st:\te treas- 
 ury. 
 
 Comptrol- 
 ler may 
 withhold 
 moneys 
 from 
 counties. 
 
 Treasurer 
 and super- 
 intendent 
 may borrow 
 moneys.
 
 14 
 
 ACT RELATING TO 
 
 State school 
 moneys, 
 
 Apportion- 
 ment by 
 superin- 
 tendent. 
 
 Applied to 
 
 teachers' 
 
 wages. 
 
 For pay of 
 school com- 
 missioners. 
 
 To cities on 
 account of 
 supervisors. 
 
 Library 
 moneys. 
 
 Contingent 
 fund. 
 
 Indian 
 schools. 
 
 <§ 5. The moneys raised by the state tax or bor- 
 rowed as aforesaid to supply a deficiency thereof, and 
 such portion of the income of the United States 
 deposit fund ax shall be appropriated, and the income 
 of the common school fund, when the same are appro- 
 priated to the support of common schools, constitute 
 the state school moneys, and shall be divided and 
 apportioned by the superintendent of public instruc- 
 tion, on or before the twentieth day of January in 
 each year, as follows : and all moneys so apportioned 
 except the library moneys, shall be applied exclu- 
 sively to the payment of teachers' wages. 
 
 § G. He shall apportion and set apart from the 
 income of the United States deposit fund so appro- 
 priated, the amounts required to pay the annual sal- 
 aries 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 duty 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 support of the common schools of the 
 city. He shall then set apart, from the income of 
 the United States deposit fund, for and as library 
 moneys, such sum as the legislature shall appropri- 
 ate for that purpose. He shall also set apart from 
 the free school fund a sum not exceeding two thou- 
 sand dollars for a contingent fund. He shall then set 
 apart and apportion for and on account of the Indian 
 schools under his supervision, a sum which will be 
 equitably equivalent to their proportion of the state 
 school moneys upon the basis of distribution estab- 
 lished by this act, such sum to be wholly payable 
 out of the proceeds of the state tax for the support 
 of common schools. After deducting the said 
 amounts, he shall divide the remainder of the state 
 school moneys into two parts, one to be one-third and
 
 PUBLIC INSTRUCTION. 
 
 15 
 
 the other to be two-thirds of such remainder, and 
 shall apportion them as hereinafter specified. 
 
 § 7. He shall apportion the one-third of the 
 remainder equally 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 com- 
 mon school of the district, for at least the term of 
 time hereinafter mentioned, during the last preced- 
 ing school year. For every additional qualified 
 teacher and his successors who shall have actually 
 taught in said school during the whole of said term, 
 the district shall be entitled to another distributive 
 quota ; but pupils employed as monitors, or other- 
 wise, shall not be deemed teachers. The aforemen- 
 tioned term, during the current school year shall be 
 six months, and thereafter shall be twenty-eight weeks 
 of five school days each, inclusive of New Year's 
 day, Washington's birthday, the fourth day of July, 
 Christmas day, and any other day which shall be, 
 by law, declared a holiday, which shall occur during 
 the term. A deficiency not exceeding three weeks 
 during the current year, or in any subsequent year, 
 caused by a teacher's attendance upon a teachers' 
 institute within the county, shall be excused. 
 
 § 8. Having so apportioned and distributed the 
 one-third, the superintendent shall apportion the two- 
 thirds of the said remainder, and also the library 
 moneys separately, among the counties of the state, 
 according to their respective population, excluding 
 Indians residing on their reservations, as the same 
 shall appear from the last preceding state or United 
 States census ; but as to counties in which are situat- 
 ed cities having special school acts, he shall apportion 
 to each city the part to which it shall so appear enti- 
 tled, and to the residue of the county the part to 
 which it shall appear to be so entitled. If the census 
 according to which the apportionment should be 
 made, does not show the sum of the population of 
 any county or city, the superintendent shall, by the 
 best evidence he can procure, ascertain and determine 
 the population of such county or city at the time the 
 
 One-third 
 apportion- 
 ment. 
 
 What dis- 
 tricts to 
 receive dis- 
 trict quota. 
 
 One quota 
 for each 
 qualified 
 teacher. 
 
 Term of 
 school. 
 
 Two-thirds 
 apportion- 
 ment. 
 
 Apportion- 
 ment and 
 payment to 
 cities.
 
 16 
 
 ACT RELATING TO 
 
 Separate 
 neighbor- 
 hoods. 
 
 Superin- 
 tendent may 
 excuse neg- 
 lect, and 
 
 make sup- 
 plemental 
 apportion- 
 ment. 
 
 Moneys ap- 
 portioned in 
 excess may 
 be reclaim- 
 ed by the 
 superin- 
 tendent. 
 
 census was taken, and make his apportionment 
 accordingly. 
 
 § 9. The superintendent shall apportion to each 
 separate neighborhood which shall have duly report- 
 ed, sueh 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 
 hereinbefore established. 
 
 g 10. Whenever any school district or separate 
 neighborhood shall have been excluded from partici- 
 pation in any apportionment made by the superin- 
 tendent, or by the school commissioners, by reason of 
 its having omitted to make any report required by 
 law, or to comply with any other provision of law, 
 or with any rule or regulation made by the superin- 
 tendent under the authority of law, and it shall be 
 shown to the superintendent that such omission was 
 accidental or excusable, he may, upon the application 
 of such district or neighborhood, make to it an equi- 
 table 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 
 commissioners, direct them to apportion such allow- 
 ance to it, at their next annual apportionment, in 
 addition to any apportionment 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 or appor- 
 tioned among the districts, or expended, as to make 
 it impracticable so to do, the superintendent may 
 reclaim 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 impracticable so to reclaim such money or excess, 
 then the superintendent shall deduct it from the por- 
 tion of such county, part of a county or district, in 
 his next annual apportionment, and distribute the 
 sum thus deducted, equitably among the counties and 
 parts of counties, or among the school districts in the 
 state entitled to participate in such apportionment,
 
 PUBLIC INSTRUCTION. 
 
 17 
 
 according to the basis of apportionment in which 
 such excess occurred. 
 
 § 12. If a less sum than it is entitled to shall have 
 been apportioned 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 suf- 
 ficient, and if not, then the superintendent shall make 
 up such deficiency in his next annual apportionment. 
 
 g 13. As soon as possible after the making of auy 
 annual or general apportionment, the superintendent 
 shall certify it to the county clerk, county treasurer, 
 school commissioners and city treasurer or chamber- 
 lain, in every county in the state; and if it be a sup- 
 plemental apportionment, then to the county clerk, 
 county treasurer and school commissioners of the 
 county in which the neighborhood or the school house 
 of the district concerned is situate. 
 
 * 5 14. The moneys so annually apportioned by the 
 superintendent shall be payable on the first day of 
 February next after the apportionment, to the trea- 
 surers 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. 
 
 Deficiencies 
 to be sup- 
 plied by 
 supplement- 
 al appor- 
 tionment. 
 
 To certify 
 to county 
 clerk, treas- 
 urer, com- 
 missioner, 
 &c. 
 
 School mo- 
 neys pay- 
 able Feb. 1. 
 
 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. 
 
 § 15. Real and personal estate may be granted, 
 conveyed, devised, bequeathed and given in trust 
 and in perpetuity or otherwise, to the state, or to 
 the superintendent of public instruction, for the sup- 
 port or benefit of the common schools within the 
 state, or within any part or portion of it, or of any 
 particular common school or schools within it ; and 
 to any county, or thp school commissioner or com- 
 missioners of any county, or to any city or any board 
 or officers thereof, or to any school commissioner dis- 
 trict or its commissioner, or to any town or supervisor 
 
 Real and 
 personal 
 estate given 
 in trust for 
 the benefit 
 of common 
 schools. 
 
 * As amended by sec. 3, Chap. 647, Laws of 1865. 
 3
 
 18 
 
 ACT RELATING TO 
 
 Trusts not 
 invalid for 
 want of 
 trustee or 
 donee. 
 
 Legislature 
 to control 
 nnd regulate 
 trusts. 
 
 Superin- 
 tendent to 
 require 
 trustees to 
 account. 
 
 Certain 
 officers 
 and boards 
 to report 
 trusts, &c., 
 to superin- 
 tendent. 
 
 Gospel and 
 echool lots. 
 
 of a town, or to any school district or its trustee or 
 trustees, for the support and benefit of common 
 schools within such county, city, school commissioner 
 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. 
 
 § 16. No such grant, conveyance, devise or bequest 
 shall be held void for the want of a named or com- 
 petent trustee or donee, but where no trustee or 
 donee, or an incompetent one is named, 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. 
 
 g 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 
 snch times, in such forms, and with such authentica- 
 tions, as he shall from time to time prescribe. 
 
 § 18. The common council of every city, the board 
 of supervisors of every county, the trustees of every 
 village, the supervisor of every town, the trustee or 
 trustees of every school district, and every other offi- 
 cer 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 pur- 
 poses, 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 super- 
 intendent whether the,re be, within 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 entitled to any land, 
 moneys or securities arising from any sale of such
 
 PUBLIC INSTRUCTION. 
 
 19 
 
 gospel or school lot, and the investment of the pro- 
 ceeds 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. 
 
 § 20. Every supervisor of a town shall, in like man- 
 ner, by the thirtieth day of September next, report 
 to the superintendent whether the town has a com- 
 mon 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 applica- 
 tion, in such form as the superintendent may pre- 
 scribe. 
 
 § 21. In respect to the property and funds in the 
 two last sections mentioned, the superintendent shall, 
 at the next session of the legislature, and annually 
 thereafter, include iu his annual report 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 fact, or 
 any information or account, he may deem necessary 
 or desirable. 
 
 § 22. Whenever, by any statute, a penalty or fine 
 is imposed for 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 conviction 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. 
 
 § 23. Every district attorney shall report, annually, 
 to the board of supervisors, all such fines and penal- 
 ties imposed in any prosecution conducted by him 
 during 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, 
 
 Moneys in 
 the hands 
 of over- 
 seers of the 
 poor. 
 
 Superin- 
 tendent to 
 report to 
 the legislat- 
 ure. 
 
 Penalties 
 and fines 
 how paid 
 and appor- 
 tioned. 
 
 Patriot at- 
 torney to 
 report lines 
 and penal- 
 tie- 1 to su- 
 pervisors.
 
 20 
 
 ACT RELATING TO 
 
 Finos and 
 penalties 
 
 lo whom 
 paid. 
 
 Penalties 
 in joint 
 districts. 
 
 Embezzle- 
 ment, pen- 
 alty for. 
 
 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 for 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 which the school house is located, who 
 shall credit the same to the town or district for 
 whose benefit it is collected. If the fine or penalty 
 be inflicted or imposed for the benefit of the com- 
 mon 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 pen- 
 alty 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 or 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 house longest owned or held by the district 
 is, at the time of such violation, act or omission. 
 
 § 26. Any district attorney, sheriff, justice of the 
 peace, police justice or other magistrate or officer, 
 who shall embezzle, or willfully withhold from or 
 omit to pay into the county treasury any money 
 received or collected in payment or satisfaction, in 
 whole or in part, of any fine or penalty in the four 
 last preceding sections mentioned, shall be guilty of 
 a misdemeanor ; and any fine imposed upon a con- 
 viction thereof shall be for the benefit of the common 
 schools of the county. 
 
 Apportion- 
 ment of 
 
 THIED ARTICLE. 
 
 Of the apportionment of the state schools moneys, and 
 of other school moneys by the school commissioners, 
 and their payment to the supervisors. 
 
 § 27. The school commissioner, or commissioners 
 of each county, shall proceed, at the county seat, on
 
 PUBLIC INSTRUCTION". 
 
 21 
 
 the third Tuesday of March in each year, to ascer- 
 tain, apportion and divide the state and other school 
 moneys as follows : 
 
 1. They shall set apart any library moneys appor- 
 tioned by the superintendent. 
 
 2. From the other moneys apportioned to the 
 county, they shall set apart and credit to each sepa- 
 rate neighborhood and school district 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 transcript of the returns of the supervisors 
 hereinafter required, showing the unexpended moneys 
 in their hands applicable to the payment of teach- 
 ers' wages and to library purposes, 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 appor- 
 tioned 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 were 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 appor- 
 tion them together with such as belong to the 
 schools of the county, hereinafter provided, for the 
 payment of teachers' wages. 
 
 5. They shall apportion the library moneys to the 
 school districts and parts of school districts joint with 
 parts in any city or in an adjoining county, which 
 shall be entitled to participate therein as hereinafter 
 specified, in proportion to the number of 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. 
 
 school mo- 
 neys by 
 commis- 
 sioners. 
 
 Library 
 moneys. 
 
 Shall set 
 apart mo- 
 neys spe- 
 cially ap- 
 portioned 
 by the su- 
 perintend- 
 ent. 
 
 Upturn of 
 unexpended 
 moneys by 
 supervisors. 
 
 Returns 
 from treas- 
 urer of 
 fines and 
 penalties. 
 
 How appor- 
 tioned. 
 
 Apportion- 
 ment of li- 
 brary mo- 
 neys accord- 
 ing to num- 
 ber of child- 
 ren.
 
 22 
 
 ACT RELATING TO 
 
 Remaining 
 moneys. 
 
 New basis 
 in 1600. 
 
 On average 
 attendance. 
 
 Attendance, 
 ascertained. 
 
 Certificates 
 of appor- 
 tionment. 
 
 Certify to 
 the- supervis- 
 or. 
 
 C. They shall apportion in like maimer and upon 
 the same basis, until the apportionment of the year 
 eighteen hundred and sixty-six, the remaining unap- 
 porti'oned moneys among such school districts and 
 parts of school districts. 
 
 7. In the apportionment of eighteen hundred and 
 sixty-six, and in every subsequent apportionment, 
 they shall apportion one-halt* of such remaining 
 unapportioned moneys, in the like manner and upon 
 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 pro- 
 portion 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 prescribed, 
 by adding together the whole number of days' attend- 
 ance of each and every such pupil in the district, or 
 part of a district, and dividing the aggregate by the 
 whole number 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 sepa- 
 rate neighborhood ; to each district the school house 
 of which is therein ; and to each part of a joint dis- 
 trict 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, show- 
 ing the amounts apportioned and set apart to each 
 separate neighborhood, school district and part of a 
 district, and the towns in which 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 forthwith deliver one of said 
 duplicates to the treasurer of the county and trans- 
 mit the other to the superintendent of public instruc- 
 tion. 
 
 10. They shall certify to the supervisor of eacli 
 town the amount of school moneys so apportioned 
 to his town, and the portions thereof to be paid by 
 him for library purposes and for teachers' wages, to 
 each such distinct separate neighborhood, district 
 and part of a district.
 
 PUBLIC INSTRUCTION. 23 
 
 g 28. If in their apportionment, through any error Erroneous 
 of thecominissioners, any district shall have appor- me P n°t?n°ow 
 tioned'to it a larger or a less share of the moneys remedied * 
 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. 
 
 § 29. No district or part of a district shall be enti- what dia- 
 lled. ' to any portion of such school moneys on such tied to pub- 
 apportionment unless the report of the trustees for llcmoueys - 
 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 dis- 
 tributive share under the apportionment of the super- 
 intendent. 
 
 § 30. On receiving the certificate of the commis- supervisor 
 sioners, each supervisor shall forthwith make a copy copTo/ap- 
 thereof for his own use, and deposit the original in m e r nt°and 
 the office of the clerk of his. town ; and the moneys g!^ eori " 
 so apportioned to his town shall be paid to him 
 immediately on his compliance with the requirements 
 of the next section, and not before. 
 
 § 31. Immediately on receiving the commissioners' supervisors 
 certificate of apportionment, the county treasurer bonds? 
 shall require of each supervisor, and each 'supervisor 
 shall give to the treasurer in behalf of the town, his 
 bond with two or more sufficient sureties approved 
 by the treasurer, in the penalty of at least double the 
 amount of the school moneys set apart or appor- 
 tioned to the town, and of any such moneys unac- 
 counted for by his predecessor, conditioned for the 
 faithful 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 Thetreas- 
 shall sue the bond in his own name, in behalf of the suTth^su- 
 town, and the money recovered shall be paid over to Uond. 8 ° r8 
 the successor of the supervisor in default, such suc- 
 cessor having first given security as aforesaid. 
 
 § 32. The refusal of a supervisor to give such secur- Refusal to 
 
 iiii •! -!•• i give secur- 
 
 ity shall be a misdemeanor, and any fine imposed ftyamisde- 
 
 on his conviction thereof shall be for the benefit 
 
 of the common schools of the town. Upon such
 
 24 
 
 ACT RELATING TO 
 
 County 
 
 judi;.' m:\y 
 appoint. 
 
 refusal, the moneys so set apart and apportioned to 
 the town shall be paid to and disbursed by some 
 other officer or person to be designated by the county 
 judge, under such regulations and with sueh safe- 
 guards as he 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. 
 
 Supervis- 
 ors to be 
 trustees of 
 gospel and 
 school lots. 
 
 Powers un- 
 der former 
 acts. 
 
 Embezzle- 
 ment of 
 moneys by 
 supervisors. 
 
 To make a 
 return of 
 moneys in 
 their hands. 
 
 TITLE IV. 
 
 OF THE DISBURSEMENT OF TIIE SCHOOL MONEYS BY 
 THE SUPERVISORS, AND OF SOME OF THEIR SPECIAL 
 POWERS, DUTIES AND LIABILITIES UNDER THIS ACT. 
 
 Section 1. The several supervisors continue vested 
 with the powers and charged with the duties formerly 
 vested in and charged upon the trustees of the gospel 
 and school lots, and transferred to and imposed 
 upon town superintendents of common schools by 
 chapter one hundred and eighty-six, of the laws of 
 one thousand eight hundred and forty-six. 
 
 § 2. The several supervisors continue vested with 
 the powers and charged with the duties conferred and 
 imposed upon the commissioners of common schools 
 by the act of eighteen hundred and twenty-niue, 
 entitled " An act relative to moneys in the hands of 
 overseers oT the poor." 
 
 § 3. A supervisor who shall embezzle or apply to 
 his own private use 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 conviction thereof shall be for the benefit of the 
 common schools of the town. 
 
 § 4. On the first Tuesday of March in each year, 
 each supervisor shall make a return in writing to the 
 county treasurer for the use of the school commis- 
 sioners, showing the amounts of school moneys in 
 his hands not paid out on the orders of trustees for 
 teachers' wages, nor drawn by them for library pur- 
 poses, and the districts to which they stand accred- 
 ited (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 ;
 
 PUBLIC INSTRUCTION. 25 
 
 and the moneys so returned by him shall be re-appor- 
 tioned as hereinbefore directed. 
 
 § 5. Any supervisor who neglects to make the said *£>£** for 
 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 treas- 
 urer of the county in which the town lies, for the 
 benefit of the common schools of the county. 
 § 6. It is the duty of every supervisor : super™- 
 
 * 1. To disburse the school moneys in his hands orB ' dutie9 - 
 applicable to teachers' wages, including the library 
 moneys apportioned to the district, if they do not 
 exceed three dollars, and library moneys made so 
 applicable by the approbation of the state superin- 
 tendent, 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 upon the 
 trustee of a separate neighborhood in favor of any trustee 
 teacher of a school in an adjoining state, recognized ? a f t *S_ 
 by him and patronized by the inhabitants of such torhool. 
 neighborhood : such teacher shall be deemed a quali- 
 fied teacher. 
 
 2. To disburse library moneys other than those 
 abovementioued, 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 pur- 
 chased with such moneys, and naming the books or 
 the school apparatus, and the prices. 
 
 3. In the case of a union free school 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 district, 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 
 each year, and to lay the same, with proper vouchers, 
 before the board of town auditors at each annual 
 meeting thereof. 
 
 5. To have a bound blank book (the cost of which 
 shall be a town charge), and to enter therein all his 
 
 * As amended by section 4, Chapter 647, Laws of 1865. 
 4
 
 2Q ACT RELATING TO 
 
 receipts and disbursements of school moneys, specify- 
 ing from whom and for what purposes they were 
 received, and to whom and for what purposes they 
 were paid out ; and to deliver the book to his suc- 
 cessor in office. 
 
 6. Within fifteen days after the termination of his 
 oflice, 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 oflice 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, 
 shall have been given by him and approved by the 
 treasurer, to deliver to his predecessor 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 suc- 
 cessor, 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 oflice. 
 
 0. By his name of office, when the duty is not else- 
 where imposed by law, to sue for and recover penal- 
 ties 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 his 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 provided, and to perform 
 any other duty which may be devolved upon him by 
 this act, or an}' other act relating to common schools. 
 
 TITLE V. 
 
 OF TIIE DUTIES OF THE TOWN CLERK UNDER THIS ACT. 
 
 Duties of Section 1. It shall be the duty of the town clerk 
 
 town clerk. Q f each town . 
 
 1. Carefully to keep all books, maps, papers and 
 records of his office touching common schools,
 
 commia- 
 BioiH'.rs. 
 
 PUBLIC INSTRUCTION. 27 
 
 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 apportionment of school moneys to the town, and 
 to record them in a book to be kept for that purpose. 
 
 3. Forthwith to notify the trustees of the several 
 school districts and separate neighborhoods, of the 
 filing of each such certificate. 
 
 *4. To see that the trustees of the school districts 
 and separate neighborhoods make and deposit with 
 him their annual reports within the time prescribed 
 by law, and to deliver them to the school commis- 
 sioner on demand ; and to furnish the school com- 
 missioner of the school commissioner district in which Town cierk 
 his town is situated, the names and post-office namesof 
 address of the school district officers reported to him K^to 
 by the district clerks. 
 
 5. To distribute to the trustees of the school dis- 
 tricts 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 with 
 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 
 the vouchers accompanying the account. 
 
 7. To receive and to record, in the same book, the 
 supervisor's final account of the school moneys 
 received and disbursed by him, and deliver a copy 
 thereof to such supervisor's successor in office. 
 
 8. To receive from the outgoing supervisor, and 
 file and record in the same book, the county treas- 
 urer's certificate, that his successor's bond has been 
 given and approved. 
 
 9. To receive, file and record the descriptions of the 
 school districts and neighborhoods, and all papers 
 and proceedings delivered to him by the school 
 commissioner pursuant to the next title of this act. 
 
 * As amended by sec. 5, Chap. 647, Laws of I860.
 
 28 ACT RELATING TO 
 
 10. To act, when thereto legally required, in the 
 erection or alteration of a school district, as in 
 the next title of this act provided. 
 
 •11. To receive and preserve the books, papers and 
 records of any dissolved school district, which shall 
 be ordered, as hereinafter provided, to be deposited 
 in his office. 
 
 12. To perform any other duty which may be de- 
 volved upon him by this act, or by any other act 
 touching 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. 
 
 TITLE VI. 
 
 Commis- 
 sioner's 
 duties in 
 respect to 
 school dis- 
 tricts. 
 
 OF THE FORMATION, DISSOLUTION AND ALTERATION 
 OF SCHOOL DISTRICTS AND SEPARATE NEIGHBOR- 
 HOODS. 
 
 Section 1. It shall be the duty of each school 
 commissioner, in respect to the territory within his 
 district : 
 
 1. To divide it, so far as practicable, into a conve- 
 nient number of school districts, and alter the same 
 as herein provided ; 
 
 2. In conjunction with the commissioner or com- 
 missioners of an adjoining school commissioner dis- 
 trict 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 districts, 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 the 
 formation or alteration thereof, immediately after 
 such formation or alteration. Every joint district 
 shall bear the same number in every school commis- 
 
 * Original subdivision 11 struck out, by sec. 18, Chap. 647, Laws of 1865.
 
 PUBLIC INSTRUCTION. 
 
 29 
 
 siorter district of whose territory it is in part com- 
 posed ; 
 
 5. To deliver to the town clerk of the town in 
 which it lies, in whole or in part, a description of 
 each such separate neighborhood. 
 
 § 2. With the written consent of the trustees of all 
 the districts to be affected thereby, he may, by order, 
 alter any school district within his jurisdiction, and 
 fix, by said order, a day when the alteration shall 
 take effect ; but no alteration shall be made to take 
 effect between the first day of April and the thirtieth 
 day of September following. 
 
 § 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 effect, as 
 to the dissenting district or districts, until a day 
 therein to be named, between the first day of Octo- 
 ber and the first day of April thereafter, and not less 
 than three months after the notice in the next section 
 mentioned. 
 
 *§ 4. Within ten days after making and filing such 
 order, he shall give at least a week's notice, in writ- 
 ing, to one or more of the assenting and dissenting 
 trustees of any district or districts to be affected by 
 the proposed alterations, that at a specified time and 
 at a named place within the town in which either of 
 the districts to be affected lies, he will hear the objec- 
 tions to the alteration. The trustees of any district to 
 be affected by such order, may request the supervisor 
 and town clerk of the town or towns within which 
 such district or districts shall wholly or partly lie, to 
 be associated with the commissioner. At the time 
 and place mentioned in the notice, the commissioner 
 or the 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 
 affected shall lie. 
 
 May alter 
 any district 
 with the 
 consent of ' J 
 trustees. 
 
 When to 
 take effect. 
 
 Procedure 
 on refusal 
 of trustee to 
 alteration. 
 
 Procedure 
 on the re- 
 fusal of trus- 
 tees to the 
 alteration 
 of a school 
 district. 
 
 * As amended by sec. 6, Chap. 617, Laws of 1865.
 
 30 
 
 ACT RELATING TO 
 
 Fees of su- 
 pervisor 
 and town 
 clerk. 
 
 Formation 
 of joint diS' 
 tricts. 
 
 Alteration 
 or dissolu- 
 tion of a 
 joint dis- 
 trict. 
 
 Consolida- 
 tion of dis- 
 tricts. 
 
 Supervisors 
 to sell prop- 
 erty of 
 dissolved 
 districts. 
 
 Supervisor 
 to sue for 
 outstanding 
 moneys. 
 
 5 5. The supervisor and town clerk shall be enti- 
 tled 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. 
 
 § 0. Whenever it may become necessary or conve- 
 nient to form a school district out of parcels of two 
 or more school commissioner districts, the commis- 
 sioners of such districts, or a majority of them, may 
 form such district; and the commissioners within 
 whose districts any such school district lies, or a ma- 
 jority of them, may alter or dissolve it. 
 
 § 7. If a school commissioner, by notice in writing, 
 shall require the attendance of. the other commis- 
 sioner or commissioners, at a joint meeting for the 
 purpose of altering or dissolving such a joint dis- 
 trict, 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 district, for the 
 purpose of deciding whether or no such district shall 
 be dissolved; and its decision of that question shall 
 be as valid as though made by the commissioners. 
 
 g 8. When two or more districts shall be consoli- 
 dated into one, the new district shall succeed to all 
 the rights of property possessed by the annulled 
 districts. 
 
 $ 9. When a district is parted into portions, which 
 are annexed to other districts, its property shall be 
 sold by the supervisor of the town within which its 
 school house is situate, at public auction, after at 
 least five days' notice, by notices posted in three or 
 more public places of the town in which the school 
 house is, one of which shall be posted in the district 
 so dissolved. The supervisor, 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 inhabit- 
 ants of the district, in the ratio of their several 
 assessments on the last corrected assessment roll or 
 rolls of the town or towns, and pay it over accord- 
 ingly. 
 
 § 10. The supervisor of the town within which the 
 school house of the dissolved district was situate, 
 may demand, sue for, and collect, in his name of 
 office, any money of the district, outstanding in the
 
 riJBLIC INSTRUCTION. 31 
 
 hands of any of its former officers, or any other per- 
 son ; and, after deducting bis costs and expenses, 
 shall report the balance 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 dis- 
 trict meetings shall determine. 
 
 § 11. Though a district be dissolved, it shall con- Dissolved 
 tinue to exist in law, for the purpose of providing SiliL 
 for and paying all its just debts; and to that end, mentonu 
 the trustees and other officers shall continue in office, affair8 - 
 and the inhabitants may hold special meetings, elect 
 officers to supply vacancies, and vote taxes; and all 
 other acts necessary to raise money and pay such 
 debts, shall be done by the inhabitants and officers 
 of the district. 
 
 5 12. The commissioner, or a majority of the com- Records, 
 missioners in whose district or districts a dissolved deposited 
 school district was, shall by his or their order in derk. town 
 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 the clerk's office in a town in the order named. 
 Such clerk or other person, by a neglect or refusal penalty for 
 to obey the order, shall forfeit fifty dollars, to be refusaL 
 applied to the benetit of common schools of said 
 town. The commissioner or com missioners shall file 
 a duplicate of the order with such clerk. 
 
 TITLE VII. 
 
 OF SCnOOL DISTRICT AND NEIGHBORHOOD MEETINGS, 
 AND OF THE CHOICE, DUTIES AND POWERS OF 
 SCHOOL DISTRICT AND NEIGHBORHOOD OFFICERS. 
 
 FIRST ARTICLE. 
 
 Of school district and neighborhood meetings, the voters 
 and their powers generally. 
 
 Section 1. Whenever any school district or sepa- commis- 
 rate neighborhood shall be formed, the commissioner describe 
 or any one or more of the commissioners, within ^appoint 
 
 me for 
 iuoet- 
 
 whose district or districts it may be, shall prepare a •* 
 notice describing such district or neighborhood, and tag.
 
 32 
 
 ACT RELATING TO 
 
 Notice of 
 such meet- 
 ing. 
 
 Notice of 
 such meet- 
 
 When com- 
 missioner 
 may call 
 meetiDg. 
 
 Penalty for 
 refusal to 
 give notice. 
 
 Special 
 
 meetings. 
 
 appointing a time and place for the first district or 
 neighborhood meeting, and deliver such notice to a 
 taxable inhabitant of the district or neighborhood. 
 
 g 2. It shall be the duty of snch 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. 
 
 <§ 3. In case snch meeting shall not be held, and 
 in the opinion of the commissioner, it shall be neces- 
 sary to hold such meeting before the time herein 
 fixed for the first annual meeting, he shall deliver 
 another such notice to a taxable inhabitant of the 
 district or neighborhood, who shall serve it as here- 
 inbefore provided. 
 
 % 4. When the clerk and all the trustees of a school 
 district shall have removed from the district, or their 
 office shall be vacant, so that a special meeting can- 
 not be called, as hereinafter provided, the commis- 
 sioner may in like manner give notice of and call a 
 special district meeting. 
 
 $ 5. Every taxable inhabitant to whom a notice of 
 any district meeting shall be delivered for service, 
 pursuant to any provision of this article, who shall 
 refuse or neglect to serve the same, as hereinbefore 
 prescribed, shall forfeit five dollars for the benefit of 
 the district. 
 
 § G. A special district meeting shall be held when- 
 ever called by the trustees. The notice thereof shall 
 state the purpose for which it is called ; and the dis- 
 trict clerk, or if the office be vacant, or he be sick or 
 absent, or shall refuse to act, a trustee or some taxa- 
 ble inhabitant, by order of the trustees, shall serve 
 the notice upon each inhabitant of the district quali- 
 fied to vote at district meetings, at least five days 
 before the day of the meeting, in the manner pre- 
 scribed in the second section of this title. But the 
 inhabitants of any district may, at any annual meet- 
 ing, adopt a resolution prescribing some other mode 
 of giving notice of special meetings, which resolution 
 and the mode thereby prescribed, shall continue iu
 
 PUBLIC INSTRUCTION". 
 
 S3 
 
 force until rescinded or modified at some subsequent 
 annual meeting. 
 
 § 7. The proceedings of no neighborhood or dis- 
 trict 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 omis- 
 sion to give such notice was willful and fraudulent. 
 
 *§ 8. The annual meeting of each neighborhood 
 shall be held on the second Tuesday 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 other place 
 as the trustees, or if there be be no trustees, the clerk 
 shall in the notices designate. 
 
 g 9. An annual meeting of each school district 
 shall be held on the second Tuesday of October in 
 each year, and unless the hour aud the place therefor 
 shall have been fixed by the vote of a previous dis- 
 trict 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. 
 
 5 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 trustees or by the 
 clerk of such district, for the purpose of transacting 
 the business of the aunual 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 section of this title, and the officers of the 
 district shall make to such meeting the reports 
 required to be made at the annual meeting, subject 
 to the same penalty in case of neglect ; and the offi- 
 cers elected at such meeting shall hold their respect- 
 ive offices only until the next annual meeting and 
 
 Proceedings 
 legal except 
 
 ill Cage of 
 
 fraudulent 
 neglect. 
 
 Time of an- 
 nual meet- 
 ing in 
 neighbor- 
 hood. 
 
 Holding an- 
 nual school 
 meeting. 
 
 Annual 
 
 district 
 meetings. 
 
 Procedure 
 when the 
 annual 
 meeting has 
 not been 
 held. 
 
 * As amended by sec. 7, Chap. (J 17, Laws of 180-3.
 
 34 
 
 ACT RELATING TO 
 
 Voters, 
 their quali- 
 fications. 
 
 Unqualified 
 voters. 
 
 Illegal vot- 
 ing, &c. 
 
 Powers of 
 neighbor- 
 hood meet- 
 ing. 
 
 until their successors are elected and shall have 
 qualified as in this act provided. 
 
 § 11. Whenever any district or neighborhood meet- 
 ing shall be duly called, it shall be the duty of the 
 inhabitants qualified to vote thereat to assemble at 
 the time and place fixed for the meeting. 
 
 § 12. Every male person of full age residing in any 
 neighborhood or school district, and entitled to hold 
 lands in this state, who owns or hires real property 
 in such neighborhood or district subject to taxation 
 for school purposes, and every resident of such neigh- 
 borhood or district authorized to vote at town meet- 
 ings of the town in which he resides, and who has 
 paid any rate bill for teachers' wages in such district 
 within one year preceding, or who owns any personal 
 property liable to be taxed for school purposes in 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. 
 
 § 13. If any person offering to vote at any neigh- 
 borhood or school district meeting shall be challenged 
 as unqualified, by any legal voter in such neighbor- 
 hood or district, the chairman presiding at such 
 meeting shall require the person so offering to make 
 the following declaration: "I do declare and affirm 
 that I am an actual resident of this school district 
 (or separate neighborhood), and that I am qualified 
 to vote at this meeting." And every person making 
 such declaration shall be permitted to vote on all 
 questions proposed at such meeting ; but if any per- 
 son shall refuse to make such declaration, his vote 
 shall be rejected. 
 
 § 14. Any person who, upon being so challenged, 
 shall willfully make a false declaration of his right to 
 vote at any such meeting, shall be deemed guilty of 
 a misdemeanor, and punished by imprisonment in the 
 county jail for not less than six months nor more than 
 one year. And any person not qualified to vote at any 
 such meeting who shall vote thereat, shall thereby 
 forfeit five dollars, to be sued for by the supervisors 
 for the benefit of the common schools of the town. 
 
 § 15. The inhabitants of any neighborhood enti- 
 tled to vote, when assembled in any annual meeting 
 or any other neighborhood meeting duly called by
 
 PUBLIC INSTRUCTION". 35 
 
 the commissioner, pursuant to the first or third sec- 
 tions of this title, shall have power, by a majority of 
 the votes of those present : 
 
 1. To appoint a chairman for the time being. 
 
 2. To choose a neighborhood clerk and one trustee, 
 and to fill vacancies in office. 
 
 g 16. The inhabitants so entitled to vote, when Powers of 
 duly assembled in any district meeting, shall have mS g . 
 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 occasion may 
 require. 
 
 4. To choose one or three trustees as hereinafter 
 provided, a district clerk, a district collector, a libra- 
 rian, at their first meeting, and so often as such offices 
 or any of them become vacated, except as hereinaf- 
 ter 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. 
 
 G. To designate a site for a school house, or, with 
 the consent of the commissioner or commissioners 
 within whose district or districts the school district 
 lies, to designate sites for two or more school houses 
 for the district. 
 
 7. To vote a tax upon the taxable property of the Tax for 
 district to purchase or lease such site or sites, and to cKna 
 hire, build or purchase such school houses, and "***"• 
 to keep in repair and furnish the same with neces- 
 sary fuel and appendages. 
 
 8. To vote a tax, not exceeding twenty-five dollars Tax for sp- 
 in any one year, for the purchase of maps, globes, text-books. 3 
 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. 
 
 9. To vote a tax, not exceeding ten dollars in any Tax for 
 one year, for the purchase of such books as they shall library 1 . 
 direct for the district library, and such further sum 
 
 as they may deem necessary for the purchase of a 
 bookcase. 
 
 10. To vote a tax to supply a deficiency in any Fordea- 
 former tax, arising from such tax being, in whole or 
 
 in part, uncollectible.
 
 36 
 
 ACT RELATING TO 
 
 Insurance 
 on school 
 house. 
 
 Tax for con- 
 tingencies. 
 
 11. To authorize the trustees to cause the school 
 house or school houses, and their furniture, append- 
 ages and school apparatus to be insured by any insur- 
 ance company created by or under the laws of this 
 state. 
 
 12. To alter, repeal and modify their proceedings 
 from time to time, as occasion may require. 
 
 13. To vote a tax for the purchase 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 dol- 
 lars in each year, for anticipated deficiencies or 
 contingencies, or to pay the wages of teachers in 
 anticipation of the ordinary collections for that pur- 
 pose, to be replaced by such collections when made. 
 
 School 
 house, loca- 
 tion of. 
 
 Tax for 
 school 
 house, if 
 over $800, 
 must be 
 approved by 
 the commis- 
 sioner. 
 
 Tax may be 
 raised by in- 
 stallments. 
 
 SECOND ARTICLE. 
 
 Of district school houses and sites. 
 
 § 17. No school house shall be built so as to stand, 
 in whole or in part, upon the division line of any two 
 towns. 
 
 § 18. No tax voted by a district meeting for build- 
 ing, hiring or purchasing a school house, exceeding 
 the sum of eight hundred dollars, shall be levied by 
 the trustees, unless the commissioner, in whose dis- 
 trict the school house of said district is situate, shall 
 certify in writing, his approval of such larger sum. 
 
 § 19. Whenever a majority of all the inhabitants 
 of any school district entitled to vote, to be ascer- 
 tained 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 pro- 
 vided 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 annual installments, in the same manner and 
 with the like authority that other school district taxes
 
 PUBLIC INSTRUCTION". 
 
 37 
 
 are raised, levied and collected, and to make out their 
 tax list and warrant for the collection of such install- 
 ments, with interest thereon as they become payable, 
 according to the vote of the said inhabitants ; but 
 the payment or collection 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. 
 
 *3 20. So long as a district shall remain unaltered, Provisions 
 the site of a school house owned by it, upon which chanfe r of to 
 there is a school house erected or in process of erec- house^ite. 
 tion, shall not be changed, nor snch school house be 
 removed, unless by the consent, in writing, of the 
 supervisor or supervisors of the town or towns within 
 which snch district shall be situated, stating that, in 
 his or their opinion 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. 
 
 § 21. Whenever the site of a school house shall 
 have been changed, as herein provided, the inhabit- 
 ants of a district entitled to vote, lawfully assembled 
 at any district meeting, shall have power, by a ma- 
 jority of the votes of those present, to direct the sale 
 of the former site or lot, and the buildings thereon 
 and appurtenances, or any part thereof, at such price 
 and upon such terms as they shall deem proper ; and 
 any deed duly executed by the trustees of such dis- 
 trict, or a majority of them, in pursuance of such 
 direction, shall be valid and effectual to pass all the 
 estate or interest of such school district in the pre- 
 mises, and when a credit shall be directed to be given 
 upon such sale for the consideration money, or any 
 part thereof, the trustees are hereby authorized to 
 take in their 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 
 
 Proceedings 
 for the sale 
 of lot and 
 appurten- 
 ances. 
 
 * As amended by sec. 8, Chap. <M7, Laws of 1865.
 
 38 
 
 ACT RELATING TO 
 
 Moneys 
 arising from. 
 the sale to 
 be applied 
 to new 
 houses, &c. 
 
 in office and to the district, in the manner thev 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 secur- 
 ity so taken by them or their predecessors. 
 
 § 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, aiul their appendages, so far as such applica- 
 tion 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. 
 
 Trustee, 
 who may 
 Dot hold the 
 office of. 
 
 District 
 officer must 
 reside in the 
 district. 
 
 Terms of 
 
 office. 
 
 Officers of 
 new dis- 
 tricts. 
 
 THIRD ARTICLE. 
 
 Of the qualification, 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 education within his district 
 or town ; and no trustee can hold the office of dis- 
 trict clerk, collector or librarian, 
 
 § 24. Every district and neighborhood officer must 
 be a resident of his district and neighborhood, and 
 qualified to vote at its meetings. 
 
 § 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 dis- 
 trict 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. 
 
 § 26. The terms of all officers elected at the 
 first meeting of a newly erected neighborhood or dis- 
 trict, except of a union free school district, shall
 
 PUBLIC INSTRUCTION. 39 
 
 expire on the second Tuesday of October, next 
 thereafter. 
 
 § 27. On the second Tuesday of October next after Trustees, 
 the erection of a district, at its first annual meet- efedfoaeor 
 ing, the electors shall determine, by resolution, wheth- three - 
 er the district shall have one or three trustees, and if 
 the}' resolve to have three trustees shall elect the 
 three for one, two and three years respectively, and 
 shall designate, by their votes, for which term each is 
 elected. Thereafter, in such district, one trustee shall 
 be elected at each annual meeting to fill the office of 
 the outgoing trustee. The electors of any district 
 having three trustees, shall have power to decide, by 
 resolution, at any annual meeting, whether the dis- 
 trict shall have a sole trustee or three trustees, and if 
 they resolve to have a sole trustee, the trustee or trus- 
 tees in office shall continue in office until their term 
 or terms of office shall expire, and no election of a trus- 
 tee shall be had in the district until the offices of such 
 trustee or trustees shall become vacant by the expira- 
 tion of their terms of office or otherwise, and thereaf- 
 ter but one trustee shall be elective for said district. 
 
 § 28. It shall be the duty of the district clerk, and cierkto 
 of the neighborhood clerk, or of any person who shall cere oftbiir 
 act as clerk at any district or neighborhood meeting, electl0U - 
 when any officer shall be elected, to forthwith give 
 the person elected notice thereof in writing ; and 
 such person shall 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. 
 
 5 29. The collector vacates his office by not execut- collector 
 ing a bond to the trustees, as hereinafter required, oacebynot 
 and the trustees may supply the vacancy. bond Um ° 
 
 § 30. In case the office of a trustee shall be vacated vacancy in 
 by his death, refusal to serve, incapacity, removal trustee, 
 from the district or neighborhood, or by his being howU1Ied - 
 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 I ho 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.
 
 40 
 
 ACT RELATING TO 
 
 Neglect of 
 duty or re- 
 fusal to 
 Ben e, va- 
 cates office. 
 
 Trustees 
 may till va- 
 cancies in 
 other 
 
 offices. 
 
 Appoint- 
 ment to be 
 tiled with 
 district 
 clerk. 
 
 Penalty for 
 refusal to 
 serve or 
 neglect of 
 duty. 
 
 Supervisor 
 may accept 
 the" resigna- 
 tion. 
 
 It may he 
 made to a 
 district 
 meeting. 
 
 §31. A trustee who publicly declares that he will 
 not accept or serve in the office of trustee, or who 
 refuses or neglects to attend three successive meet- 
 ings of the board, of which he is duly notified, with- 
 out rendering a good and valid excuse therefor to 
 the other trustees, or trustee, where there are but 
 two, vacates his office by refusal to serve. 
 
 § 32. Any vacancy in the office of district clerk, 
 collector, or librarian, may be supplied by appoint- 
 ment under the hands of the trustees of the district, 
 or a majority of them, and the appointees shall hold 
 their respective offices until the next annual meeting' 
 of the district, and until others are elected and take 
 their places. 
 
 § 33. Every appointment to fill a vacancy shall be 
 forthwith filed by the supervisor or trustees making 
 it in the office of the district clerk, who shall imme- 
 diately give notice of the appointment 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 person 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. 
 
 § 35. But the supervisor of the town wherein any 
 such person resides, may accept his written resigna- 
 tion 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 resig- 
 nation may be made to and accepted by a district 
 meeting. 
 
 FOUKTH ARTICLE. 
 
 Of the duties of the neighborhood cleric, and of the 
 district clerk and librarian. 
 
 Duty of §36. The neighborhood clerk shall keep a record 
 
 neighbor- f the proceedings of his neighborhood, and of the 
 
 hood clerk. ' © tit t 
 
 reports ot the trustees, and deliver the same to his
 
 PUBLIC INSTRUCTION. 41 
 
 successor. In case such neighborhood shall be an- 
 nexed to a district within the state, its records shall 
 be filed in the office of the clerk of such district. 
 
 Q\ 37. It shall be the duty of the clerk of each cierk of 
 
 i -i j • . • school di3- 
 
 SChoOl district : trict, his 
 
 1. To record the proceedings of his district in a dutiea " 
 book to be provided for that purpose by the district, 
 
 and to enter therein true copies of all reports made 
 by the trustees to the school commissioner. 
 
 2. To give notice, in the manner prescribed by the 
 sixth section of this title, or by the inhabitants, pur- 
 suant to such section, of the time and place of 
 holding special district meetings called by the trus- 
 tees. 
 
 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 District 
 elected or appointed to office of his election or ap- report 
 pointment; and also to report to the town clerk of eXoiom- 
 the town in which the school house of his district is ci e eri^ otow11 
 situated, the names and post-office address of such 
 officers, under a penalty of five dollars for neglect in 
 each instance. 
 
 G. To notify the trustees of every resignation duly 
 accepted by the supervisor. 
 
 7. To keep ami preserve all records, books and 
 papers belonging 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. 
 
 9. To attend all meetings of the board of trustees 
 when notified, and keep a record of their proceed- 
 ings in a book provided for that purpose. 
 
 * As amended by sec. 10, Chap. 017, Laws of 1805. 
 
 6
 
 42 
 
 ACT RELATING TO 
 
 10. To call special meetings of the inhabitants 
 whenever all the trustees of the district shall have 
 vacated their oflice. 
 
 $ 38. The librarian, subject to the provisions of 
 this act, shall have the charge and supervision of the 
 district library. 
 
 Schools free 
 to pupils 
 over five 
 and under 
 twenty-one 
 years. 
 Non-resid- 
 ents may be 
 admitted. 
 
 No Indian 
 pupils ad- 
 mitted. 
 
 Qualified 
 teachers, 
 what con- 
 stitutes. 
 
 School 
 moneys or 
 rate bids 
 payable 
 only to 
 qualified 
 teachers. 
 
 Their pay- 
 ment to 
 unqualified 
 teachers a 
 misde- 
 meanor. 
 
 FIFTH ARTICLE. 
 
 Of the pupils and teachers. 
 
 § 39. Common schools in the several school dis- 
 tricts of this state shall be free to all persons over 
 live and under twenty-one years of age residing in 
 the district, as hereinafter provided; but non-resi- 
 dents of a district, if otherwise competent, may be 
 admitted into the school of a district, with the writ- 
 ten consent of the trustees, or of a majority of them, 
 upon such terms as the trustees shall prescribe. 
 
 g 40. If a school district include a portion of an 
 Indian reservation, whereon a school for Indian child- 
 ren 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 by permission of the 
 superintendent. 
 
 § 41. No teacher is a qualified one, within the 
 meaning of this act, unless he possesses an unan- 
 nulled diploma granted to him by the state normal 
 school, or an unrevoked and unannulled certificate 
 of qualification given to him by the superintendent of 
 public instruction, or an unexpired certificate of qual- 
 ification given to him by the school commissioner 
 within whose district he is employed, or by the school 
 officer of the city or village in which he is employed, 
 authorized by special act to grant such certificate. 
 
 § 42. No part of the school moneys apportioned to 
 a district can be applied or be permitted to be applied 
 to the payment of the wages of an unqualified 
 teacher; nor can his wages, or any part of them, be 
 collected by a rate bill. 
 
 § 43. Any trustee who applies, or directs, or con- 
 sents 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
 
 PUBLIC INSTRUCTION. 
 
 43 
 
 him therefor shall be for the benefit of the common 
 schools of the county. 
 
 § 44. Teachers shall keep, prepare and enter in 
 the books provided for that purpose, the school lists 
 and accounts of attendance hereinafter mentioned, and tendance 
 shall be responsible for their safe keeping and deliv- 
 ery to the clerk of the district at the close of their 
 engagements or terms. 
 
 Teachers 
 to keep 
 
 lists 01 at- 
 
 SIXTH ARTICLE. 
 
 Of the trustees, their powers and duties: and herein of 
 rate hills, school taxes and annual reports. 
 
 g 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 corporation. 
 
 § 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 majority of the 
 trustees, of a district. 
 
 g 47. The trustees of a district compose a board, 
 and when two onlj- meet to deliberate upon a mat- 
 ter, and the third, if notified, does not attend, or the 
 three meet and deliberate thereon, the conclusion of 
 two upon the matter, and their order, act or proceed- 
 ing in relation thereto, shall be as valid as though it 
 were the conclusion, order, 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 twenty-four hours' notice of the same. 
 
 § 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 vacancies, 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 sole trustee. 
 
 § 49. It shall be the duty of the trustees of every 
 school district, and they shall have power : 
 
 Trnsteea 
 hold dis- 
 trict prop- 
 erty as a 
 corpora- 
 tion. 
 
 A sole trus- 
 tee has the 
 same power 
 as a board. 
 
 Trustees 
 must meet 
 for official 
 action. 
 
 Any mem- 
 ber of the 
 board may 
 call a meet- 
 ing. 
 
 When there 
 are vacan- 
 cies in the 
 board, the 
 remaining . 
 trustee or 
 trustees 
 may act. 
 
 Powers 
 
 and duties 
 of trustees.
 
 44 
 
 ACT RELATING TO 
 
 To call spo- 
 cial meet- 
 ings. 
 
 To give no- 
 tices in cer- 
 tain cases. 
 
 To make 
 out lax 
 lists. 
 
 To issue 
 warrant for 
 collection. 
 
 To purchase 
 or lease 
 sites, &c. 
 
 To have 
 custody of 
 the school 
 house. 
 
 To insure 
 school 
 house, &c. 
 
 To insure 
 library. 
 
 Teachers 
 must not 
 be within 
 two degrees 
 of relation- 
 ship to 
 trustees. 
 
 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 sixth section 
 of tins title, if there be 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, contain- 
 ing the names of all the taxable inhabitants residing 
 in the district at the time of making out the list, and 
 the amount of tax payable by each inhabitant, set 
 opposite to his name. 
 
 4. To annex to such tax list a warrant,! directed to 
 the 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 neces- 
 sary fuel and appendages, and to pay the expense 
 thereof by tax, but such expense shall not exceed 
 fifty dollars in any one year, unless authorized by the 
 district. 
 
 G. To have the custody and safe keeping of the 
 district school house or houses, their sites and appur- 
 tenances. 
 
 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 sum fixed by a district meeting, and to raise the 
 premium by a district tax, and comply with the con- 
 ditions of the policy. 
 
 * 9. To contract with and employ all teachers in 
 the district school or schools ; but no person who is 
 within two degrees of relationship by blood or mar- 
 riage to any such trustee shall be so employed, 
 
 * As amended by section 9, Chapter 647, Laws of 18G5. 
 f For form of warrant, see page 91.
 
 PUBLIC INSTRUCTION. 
 
 45 
 
 except with the approval of two-thirds 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 pro- 
 vision shall have no claim for wages against the 
 district, but may enforce the speciiie contract made 
 
 against 
 
 the trustee or trustees consenting to such 
 
 employment as individuals. 
 
 10. To pay towards the wages 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, and to collect as 
 herein provided, the residue of such wages from all 
 persons liable therefor. 
 
 11. To divide such public moneys apportioned to 
 the district whenever authorized by 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 be 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, from all persons liable therefor, as 
 herein provided. 
 
 12. To ascertain by the teacher's list the persons 
 who have sent to school, and the number of children 
 each has sent, and the number of days each child has 
 attended, and to charge all such persons with the bal- 
 ance necessary to be raised beyond the public moneys 
 for the payment of teachers' wages, each in propor- 
 tion to the number of days and children sent by him. 
 
 13. To exempt from the payment of such charge, 
 in whole or in part, such indigent inhabitants of the 
 district as they deem proper, and to file a list of 
 such exemptions in the district clerk's office. 
 
 14. To add the amount of such exemptions to the 
 first tax list thereafter to be made out by them, or to 
 collect it by a separate tax. 
 
 15. To make out a rate bill for the remainder of 
 such balance, containing the name of each person 
 remaining charged, and the amount charged to him, 
 and to annex thereto their warrant,* under their hands 
 with or without seal, for the collection thereof. 
 
 To pay 
 teachers' 
 wages, &c. 
 
 To divide 
 the public 
 money 
 ■when or- 
 dered by the 
 district. 
 
 Rate bill 
 on attend- 
 ance. 
 
 To exempt 
 
 indigent 
 
 inhabitants. 
 
 And pay ex- 
 emptions 
 by tax. 
 
 Warrant to 
 collect rate 
 bill. 
 
 * See page 91.
 
 4G 
 
 ACT RELATING TO 
 
 To collect 
 by tax un- 
 collectible 
 rule bill. 
 To pay 
 library mo- 
 ney for 
 teachers' 
 wages, 
 when less 
 than $3. 
 
 Trustees 
 may expend 
 $20 a year 
 in repairs. 
 
 Abate nui- 
 sances. 
 
 Provide 
 fuel, &c. 
 
 Building 
 fires. 
 
 May hire 
 rooms for 
 
 temporary 
 school. 
 
 May raise 
 any legal 
 sum by tax. 
 
 School 
 house by 
 consent of 
 trustee may 
 be used for 
 instruction 
 in any 
 branch of 
 learning or 
 music 
 
 16. To deliver such rate bill, with their warrant 
 thereto annexed, to the collector. 
 
 17. To collect by a district tax any portion of any 
 such rate bill which shall prove to be uncollectible. 
 
 18. If the library money apportioned to the dis- 
 trict be less than three dollars, to apply it to the 
 payment of teachers' wages. 
 
 19. 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. 
 
 § 50. The trustees may expend, in necessary and 
 proper repairs of each school house under their charge, 
 a sum not exceeding twenty dollars in any oue 
 year. They may also make any repairs and abate 
 any nuisances, pursuant to the direction of the school 
 commissioner ; and provide fuel, pails, brooms, and 
 other implements necessary to keep the school house 
 or houses clean, and make them reasonably comfort- 
 able 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 sec- 
 tion, shall be a charge upon the district. 
 
 § 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 express provision of 
 law, a charge upon such district, they may raise the 
 amount thereof by tax in the same manner as if 
 the definite sum to be raised had been voted by a 
 district meeting. 
 
 § 52. The trustees, or any one of them, if not for- 
 bidden by another, 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
 
 PUBLIC INSTRUCTION". 47 
 
 education or learning, or in the science or practice 
 of music. 
 
 § 53. They shall procure two bound blank books Trustees to 
 for the district, and, when necessary, others in their bfank ° 
 place. In one of them, at or before each annual dis- books * 
 trict 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 
 and 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 and in 
 such form as the superintendent of public instruction 
 shall require ; and each teacher shall, by his oath or Teacher 
 affirmation, verify his entries in such book, and the Ss^cord* 
 entries shall constitute the school lists from which 
 the rate bills shall be apportioned and the average 
 daily attendance shall be determined ; and such oath Trustees 
 or affirmation may be taken by the district clerk, but arawfor 
 without charge. Until the teacher shall have so made ^elcT-" 1 
 and verified such entries, the trustees shall not draw er's record 
 
 . _ . ., . . is so veri- 
 
 on the supervisor tor any portion ot his wages. fied. 
 
 § 54. If any portion of the moneys apportioned to To notify 
 the district shall not be paid, by the supervisor, erlndlu" 1 " 
 upon the due requirement of the trustees, they shall ^ t ri "f end " 
 forthwith notify the treasurer of the county, and the money 
 superintendent of public instruction, of the fact. supervisor. 
 
 g 55. The trustees shall, once in each year, render T o render 
 to the district, at its annual district meeting, a just, *? SimS* 
 full and true account in writing, under their hands, ney 8 receiv- 
 
 . , , . ° ' ed and paid, 
 
 ot all moneys received by them respectively tor the &c. 
 use of the district, and of the manner in which 
 the same shall have been expended, and showing to 
 which 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 state- 
 ment of all suits and proceedings brought by or 
 against them, and of every special matter touching 
 the condition of the district.
 
 48 
 
 ACT RELATING TO 
 
 Ont-going 
 trustee to 
 pay any 
 balance to 
 his succes- 
 sor. 
 
 Penalty for 
 refusal or 
 neglect to 
 render ac- 
 count. 
 
 Forfeits his 
 office, &c. 
 
 Trustees to 
 sue any for- 
 mer trustee. 
 
 To report 
 annually to 
 commis- 
 sioner be- 
 tween 1st 
 and 15th of 
 October. 
 
 Items of 
 annual re- 
 port. 
 
 Item in 
 trustees' 
 annual re- 
 port to com- 
 missioner. 
 
 $ 56. An outgoing trustee shall forthwith pay, to 
 his successor or any other trustee of the district in 
 office, any such unexpended balance, or part of such 
 balance, remaining in his hands. 
 
 $ 57. Every trustee who shall refuse or neglect to 
 render such account shall forfeit twenty-five dollars. 
 Every trustee who shall neglect or refuse to pay over 
 any balance so found in his hands, shall, forfeit 
 twenty-five dollars. These penalties are for the 
 benefit of the schools of the district, and shall be 
 sued for by the supervisor of the town in which the 
 school house, or school honse longest owned or held 
 by the district is. 
 
 § 58. By a willful neglect or refusal to render such 
 account, a trustee also forfeits any unexpired term 
 of his office, and becomes liable to the trustees for 
 any district moneys in his hands. 
 
 g 59. The trustees in office 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 fifteenth days of October, in 
 every year, make and direct to the school commis- 
 sioner a report in writing, dated on the first day of 
 October of the year in which it is made, and shall 
 sign and certify it, and deliver it to the clerk of the 
 town in which the school house of the district is 
 situate ; and every such report shall certify : 
 
 1. The whole time any school has been kept in 
 their district during the year ending on the day pre- 
 vious 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 
 by qualified teachers. 
 
 2. The amount of their drafts upon the supervisor, 
 for the payment of teachers' wages during such year, 
 and the amount of their drafts upon him for the pur- 
 chase 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 
 
 * As amended by sec. 11, chap. 647, Laws of 1865.
 
 PUBLIC INSTRUCTIOX. 
 
 49 
 
 school or schools during' such year by qualified teach- 
 ers, 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 of 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 i3iirchasing 
 school house sites, for building, hiring, purchasing, 
 repairing and insuring school houses, for fuel, for 
 supplying deficiencies in rate bills, for district libra- 
 ries, 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 instruc- 
 tion may from time to time require. 
 
 <§ 01. The annual reports of trustees of school dis- 
 tricts, of children residing in their district, shall 
 include all over five and under twenty-one 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 guardiaus, or employers, if such 
 parents, guardians or employers reside at the time in 
 such district, although such residence be temporary ; 
 but such report shall not include children belonging 
 to the family of any person who shall be an inhabit- 
 ant 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. 
 
 g 02. "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 different county, 
 and file each in the office of the clerk of the 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 pre- 
 scribe. 
 
 Ibid. 
 
 Ibid. 
 
 Children 
 included in 
 trustees' 
 report. 
 
 Joint dis- 
 trict to re- 
 port to each 
 commis- 
 sioner.
 
 50 ACT RELATING TO 
 
 nei-hw S 63. Tlio trustee of every separate neighborhood 
 
 hood. nport shall every year, within the time aforesaid, in like 
 tee. s ru maimer, make his animal report to the school com- 
 missioner, and file it in the office of the clerk of the 
 town of which the neighborhood is a part. Such 
 report shall specify the whole amount of public 
 moneys received (luring 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 neighborhood on the last day of September pre- 
 vious to the making of the report ; and any other 
 matters which the superintendent of public instruc- 
 tion may require. 
 raise re- g G4. Every trustee of a school district or separate 
 
 peLiity for. neighborhood, who shall willfully sign a false report 
 to a school commissioner, with the intent of causing 
 such school commissioner to apportion to his district 
 or neighborhood a larger sum than its just proportion 
 of school moneys ; or in the case of a trustee of a 
 separate neighborhood, with 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. 
 
 SEVENTH ARTICLE. 
 
 Of the assessment of district taxes, and the collection of 
 such taxes and rate hills ; and herein of the collector, 
 his powers, duties and liability. 
 
 men C t 8 of S 65. Within thirty days after a tax shall have been 
 
 taxes by voted by a district meeting, the trustees shall assess it, 
 
 and make out the tax list therefor, and annex thereto 
 
 two or their warrant* for its collection. But they may at the 
 
 Sa y e be a fn- a same time assess two or more taxes so voted, and anv 
 
 de U r d one Un " t ax or taxes they are authorized to raise without sucu 
 
 ■warrant. 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 showing for what 
 
 purpose the different items of the tax is levied.. 
 
 * For form of warrant, see page 91.
 
 PUBLIC INSTRUCTION. 
 
 51 
 
 * § 66. In making out a tax list, the trustees of 
 school districts shall apportion the same on all tax- 
 able inhabitants of the district, upon corporations 
 holding- property therein, and on all banks, banking 
 associations and individual bankers, whose place of 
 business is within the district at the time such tax 
 may be levied, according to the valuation of the 
 taxable property which shall be 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 upon all unoccupied real 
 estate lying within the boundaries of such district, 
 the owners of which shall be non-residents, and 
 which shall be liable to taxation for town or county 
 purposes ; and 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 enti- 
 tled to receive the same as personal estate, which 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 the 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 discre- 
 tion, may omit such lot, tract or parcel or reserved 
 rents from the tax list. Banking associations organ- 
 ized under the laws of congress shall be taxed by 
 assessing the individual 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. 
 
 g 67. The valuations of taxable property shall be 
 ascertained, so far as possible, from the last assess- 
 
 Tax list, 
 how made 
 out. 
 
 National 
 banking as- 
 sociations, 
 how taxed. 
 
 Valuation, 
 how ascer- 
 tained. 
 
 * As amended by sec. 12, chap. 617, Laws of 1865. This section has been 
 somewhat modified i>y chap. 701 of the Laws of 1866, so that n<> banks, 
 whether state or national, are now taxable on their capital. But the 
 shares of such banks are taxable to the holder, in the district in which 
 the bank is located. See appendix.
 
 52 
 
 ACT RELATING TO 
 
 Of reduc- 
 tion of val- 
 uation. 
 
 Taxes in 
 districts 
 joint in 
 several 
 towns. 
 
 Person 
 working 
 land on 
 shares lia- 
 ble, or by 
 his agent 
 or servant. 
 
 ment 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. 
 
 g 68. Where such reduction shall be duly claimed, 
 and where the valuation of taxable property cannot 
 be ascertained from the last assessment roll of the 
 town, the trustees shall ascertain the true value of 
 the property to be taxed from the best evidence in 
 their power, giving notice to the persons interested, 
 and proceeding in the same manner as the town 
 assessors are required by law to proceed in the valu- 
 ation of taxable property. 
 
 § GO. 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 prop- 
 erty upon the several assessment rolls of said towns 
 are substantially just, as compared with each other, 
 so far as such district is concerned, and, if deter- 
 mined not to be so, they shall determine the relative 
 proportion of taxes that ought to be assessed upon 
 the real property of the parts -of such district lying- 
 in different towns, and the trustees of such district 
 shall thereupon assess the proportions of any tax 
 thereafter to be raised, according to the determina- 
 tion of said supervisors, until new assessment rolls 
 of the town shall be perfected and filed, 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 determin- 
 ation. 
 
 § 70. 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 therefor in the district where such land 
 is situate.
 
 PUBLIC INSTRUCTION". 53 
 
 § 71. Every person owning or holding any real 
 property within any school district, who shall im- 
 prove 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. 
 
 5 72. Where any district tax, for the purpose of of tenant 
 purchasing a site for a school house, or for purchas- uabluty of'' 
 ing or building, keeping in repair, or furnishing theowuer - 
 such school house with necessary fuel and append- 
 ages, shall be lawfully assessed, and paid by any 
 person on account of any real property whereof he 
 is only tenant at will, or for three years, or for a less 
 period of time, such tenant may charge the owner 
 of such real estate with the amount of the tax so 
 paid by him, unless some agreement to the contrary 
 shall have been made by such tenant. 
 
 § 73. Every taxable inhabitant of a district who ^f,^ 
 shall have been, within four years, set off from any tax for 
 other district without his consent, and shall, within hou°se. 
 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. 
 
 <S 74. When any real estate within a district, so J*""" 11 
 liable to taxation, shall not be occupied and improved dent lands. 
 by the owner, ln> 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, piece or parcel of land so owned by non- 
 residents therein, in the same manner as required by 
 law from town assessors in making out the assess- 
 ment roll of their towns; and if any such lot is ^ c c r P° p r a at - 
 known to belong to an incorporated company liable nies, &c 
 to taxation in such district, the name of such com- 
 pany shall be specified, and the value of such lot or 
 piece of land shall be set down opposite to such de- 
 scription, which value shall be the same that was 
 affixed to such lot or piece of land in the last assess- 
 ment roll of the town; and if the same was not
 
 54 
 
 ACT RELATING TO 
 
 Collector to 
 return nil- 
 collected 
 tuxes ; 
 method of 
 procedure. 
 
 Trustees 
 shall send it 
 to treasurer 
 of county. 
 
 Treasurer 
 shall pay 
 the taxes, 
 and lay the 
 account be- 
 fore the 
 board of 
 supervisors, 
 who shall 
 levy tax &c. 
 County 
 treasurer to 
 lay the 
 account 
 before the 
 supervisors; 
 their pow- 
 ers and du- 
 ties there- 
 on. 
 
 separately valued in such roll, then it shall be valued 
 in proportion to the valuation which was affixed in 
 the said assessment roll to the whole tract of which 
 such lot or piece shall be part. 
 
 * § 75. If any tax on the real estate of a non-resid- 
 ent, 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 
 upon non-resident stockholders in banking associa- 
 tions organized under the laws of congress, shall be 
 unpaid at the time he is required by law to return 
 his warrant, he shall deliver to the trustees of such 
 district an account of the taxes so remaining due, 
 containing a description of the lots and pieces of land 
 upon which 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 unpaid, and that after diligent efforts 
 he has been unable to collect the same, he shall be 
 credited by said trustees with the amount thereof. 
 
 § 76. Upon receiving any such account from the 
 collector, the trustees shall compare it with the origi- 
 nal tax list, and, if they find it to be a true transcript, 
 they shall add to such account their certificate, to 
 the effect that they have compared it with the origi- 
 nal tax list and found it to be correct, and shall 
 immediately transmit the account, affidavit, and cer- 
 tificate, to the treasurer of the county. 
 
 § 77. Out of any moneys in the county treasury, 
 raised for contingent expenses, the treasurer shall pay 
 to the trustees the amount of the taxes so returned 
 as unpaid. 
 
 t § 78. Such account, affidavit and certificate shall 
 be laid by the county treasurer before the board of 
 supervisors of the county, who shall cause the 
 amount of such unpaid taxes, with seven per cent, of 
 the amount in addition thereto to be levied upon the 
 lands of non-residents on which the same were 
 imposed ; and if imposed upon the lands of any 
 
 * As amended by sec. 13, Chap. 647, Laws of 1865. 
 t As amended by sec. 14, Chap. 647, Laws of 1865,
 
 PUBLIC INSTRUCTION. 55 
 
 incorporated company, then upon such company ; 
 and if imposed upon rents reserved, in any leases in 
 fee, or for one or more lives, or for a term 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 ad- 
 vanced, with the expense of collection ; and if imposed 
 upon the stock of a non-resident stockholder in a bank- 
 ing association organized under the laws of congress, 
 then the same with seven per cent, of the amount in 
 addition thereto, shall be a lien upon any dividends 
 thereafter declared upon such stock, and upon notice 
 by the board of supervisors to the president and di- 
 rectors of such bank of such charge upon such stock, 
 the president and directors shall thereafter withhold 
 the amount so stated from any future dividends upon 
 such stock, and shall pay the same to the collector 
 of the town duly authorized to receive the same. 
 
 g 79. Any person whose lands are included in any Any person 
 such account may pay the tax assessed thereon to the jfa a /n™nt e 
 county treasurer, at any time before the board of i e e v f y >resaid 
 supervisors shall have directed the same to be levied. 
 
 § 80. The same proceedings in all respects shall ^ r g ° s C as d for 
 be had for the collection of the amount so directed f°^ nt y 
 
 taxes. 
 
 to be raised by the board of supervisors as are pro- 
 vided by law in relation to county taxes ; and, upon 
 a similar account, as in the case of county taxes of 
 the arrears thereof uncollected, being transmitted 
 by the county treasurer to the comptroller, the same 
 shall be paid on his warrant to the treasurer of the 
 county advancing the same ; and the amount so 
 assumed by the state shall be collected for its bene- 
 fit, 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 tax or warrant, 
 rate bill shall be under the hands of the trustees, undent. 
 or of a majority of them, with or without their 
 seals ; and it shall have the like force and effect as a
 
 56 
 
 ACT RELATING TO 
 
 Delivery of 
 the warrant 
 
 Collector to 
 execute a 
 bond. 
 
 May receive 
 voluntary 
 payments 
 for two 
 weeks. 
 
 Fees. 
 
 Warrant 
 may be exe- 
 
 warraut issued by a board of supervisors to a col- 
 lector of the taxes in the town ; and the collector to 
 whom it may be delivered for collection shall be 
 thereby authorized and required to collect, from 
 every person in such tax list or rate bill named, the 
 sum therein 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 
 collect town and county charges, except that all 
 property, exempt from execution in civil actions, 
 shall be exempt from levy and sale under a warrant 
 for the collection of a rate bill. 
 
 § 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, 
 or of any rate bill, may be delivered to the collector 
 whenever the same is completed. 
 
 § 83. Within such time, not less than ten days, 
 as the trustees shall allow him for the purpose, 
 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 ap- 
 proved 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, conditioned for the due and faithful exe- 
 cution of the duties of his office. 
 
 § 84. The collector, for two weeks after receiving a 
 warrant for the collection of taxes, shall receive such 
 taxes as may be voluntarily paid to him ; and in case 
 the whole amount shall not be so paid in, the collector 
 shall proceed forthwith to collect the same. He shall 
 receive for his services, on all sums paid in as afore- 
 said, one per cent., and upon all sums collected by 
 him after the expiration of the time mentioned, five 
 per cent. ; and in case a levy and sale shall be 
 necessarily made by such collector, he shall be entit- 
 led to traveling fees at the rate of ten cents per mile, 
 to be computed from the school house in such district. 
 
 % 85. Any collector, to whom any tax list or rate 
 bill and warrant may be delivered for collection, may 
 
 * For form of bond, see page 91.
 
 PUBLIC INSTRUCTION". 57 
 
 execute the same in any other district or town in the cntedinany 
 
 ^ . , it other town, 
 
 same county, or in auy other county where the dis- &<=. 
 trict 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 col- 
 lected ; and the bail or sureties of any collector, Ban liable. 
 given for the faithful performance of his official 
 duties, are hereby declared and made liable for auy 
 moneys received or collected on any such tax list 
 and warrant. 
 
 <S 86. If the sum or sums of money, payable by Trustees 
 
 *y *j * x \j */ may renew 
 
 any person named in such tax list or rate bill, shall warrant. 
 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 ^ e ° eB 
 person shall not reside within their district at the may sue. 
 time of making out a tax list or rate bill, or shall 
 not reside therein at the expiration of such war- 
 rant, and no goods or chattels can be found therein 
 whereon to levy the tax or rate, the trustees may 
 sue for and recover the same in their name of office. 
 
 $ 87. Whenever the trustees of any school district May correct 
 
 tv ** error dy 
 
 shall discover any error in a tax list or rate bill made consent of 
 out hj them, thej' may, with the approbation and tenlent". 
 consent of the superintendent of public instruction, 
 after refunding any amount that may have been 
 improperly collected on such tax list or rate bill, if 
 the same shall be required by him, amend and cor- 
 rect such tax list or rate bill, as directed by the 
 superintendent, in conformity to law ; and whenever k more 
 more than one renewal of a warrant for the collec- renewal 6 , 
 tion of any tax list or rate bill may become neces- consent of 
 sary in any district, the trustees may make such ^ 8 e e r " per * 
 further renewal, with the written approbation of the 
 supervisor of any town in which a school house of 
 said district shall be located, to be indorsed upon 
 such warrant. 
 
 § 88. The collector shall keep in his possession all {j^™^ 
 moneys received or collected by him by virtue of any the coiiect- 
 warrant, to be by him paid out upon the order of a ' 
 majority of the trustees ; and he shall report in writ- 52n , 5i" rt 
 ing at the annual meeting, all his collections and meeting. 
 
 8
 
 58 
 
 ACT RELATING TO 
 
 Collector to 
 make up 
 any loss. 
 
 Trustees to 
 sue for re- 
 covery of 
 money in 
 his hands. 
 
 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. 
 
 § 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. 
 
 § 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 suc- 
 cessor, the trustees, in their name of office, shall have 
 their remedy upon the official bond of the collector, 
 or any action and any remedy given by law ; and 
 they shall apply all such moneys, when recovered, in 
 the same manner as if paid without suit. 
 
 TITLE VIII. 
 
 Tax of $10 
 
 hy district 
 meeting for 
 libraries. 
 
 $55,000 ap- 
 portioned 
 for libra- 
 
 ries. 
 
 OF SCHOOL DISTRICT LIBRARIES, AND THE APPLICA- 
 TION OF LIBRARY MONEYS. 
 
 Section 1. The taxable inhabitants of each school 
 district in the state shall have power, when lawfully 
 assembled in any district meeting, to lay a tax on the 
 district, 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. All 
 books and cases which may have been or shall be 
 purchased with moneys raised by such taxes, or with 
 moneys apportioned to the district for library pur- 
 poses, and all books which have been given to and 
 accepted by the trustees for the library, shall com- 
 pose the library of the district. 
 
 S 2. The sum of fifty-five thousand dollars, directed 
 to be distributed to the several school districts of 
 this state by the fourth section of chapter two hun- 
 dred and thirty-seven, of the laws of eighteen hundred 
 and thirty-eight, shall continue to be applied to the 
 purchasa of books for the district libraries.
 
 PUBLIC INSTRUCTION". 
 
 59 
 
 § 3. But whenever the 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 dis- 
 trict numbering fifty children or less between the said 
 ages, shall exceed one hundred volumes, the inhabit- 
 ants of the district qualified to vote therein may, at 
 a special or annual meeting duly notified for that 
 purpose, by a majority of votes, appropriate the 
 whole or any part of the library money belonging to 
 the district for the current year to the purchase of 
 maps, globes, blackboards, or other scientific appara- 
 tus for the use of the school ; and in every district 
 having the required number of volumes in the district 
 library, and the maps, globes, blackboards and other 
 apparatus aforesaid, the said moneys, with the appro- 
 bation of the superintendent of public instruction, 
 may be applied to the payment of qualified teachers' 
 wages. 
 
 § 4. When the library money apportioned to a dis- 
 trict in any year shall be less than three dollars, the 
 trustees may apply it in payment of qualified teach- 
 ers' wages. 
 
 5 5. The trustees of every school district shall be 
 trustees of the library of such district, and the prop- 
 erty 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 dis- 
 trict library shall be subject to the directions of the 
 trustees thereof, in all matters relating to the preser- 
 vation of the books and appurtenances of the library, 
 and may be removed from office by them for willful 
 disobedience of such directions, or for any willful neg- 
 lect of duty. 
 
 § G. Trustees shall be liable to their successors, and 
 the librarian shall be liable to the trustees, for any 
 neglect or omission of their respective duties, l>y 
 which any book shall be lost, destroyed or damaged, 
 
 Library 
 money ; 
 when to be 
 applied to 
 apparatus, 
 and when 
 to teachers' 
 wages. 
 
 If lees than 
 $3, may be 
 paid for 
 teachers' 
 
 Trustees to 
 have custo- 
 dy of 
 
 library. 
 
 Liability 
 for books 
 lost or in- 
 jured.
 
 60 
 
 ACT RELATING TO 
 
 Districts 
 may unite 
 their libra- 
 ries. 
 
 And such 
 agreement 
 may be ter- 
 minated. 
 
 How. 
 
 to the amount of such damage and the value of the 
 book so destroyed or lost. 
 
 § 7. All moneys, recovered under the last preced- 
 ing section, and all moneys received upon any policy 
 of insurance procured upon the library, and all fines 
 and penalties imposed by or in pursuance of this 
 title, shall be applied, by the trustees, in the pur- 
 chase of books for, and in the reparation and care of 
 the library. 
 
 § 8. Any two or more adjoining districts, with the 
 cousent of all the commissioners of the school com- 
 missioner districts within which they lie, may, by a 
 majority of votes in their several districts, unite their 
 libraries, and apply their library moneys and funds 
 to the care, reparation and augmentation of their 
 joint library so formed. All the trustees of such 
 districts shall be trustees of such library, with all 
 the powers, duties and liabilities conferred and 
 imposed by this title upon the trustees of a library 
 of a district, and the librarian shall be appointed by 
 them, and have the powers and be subject to the 
 duties and liabilities conferred and imposed by this 
 title upon the librarian of a district ; but upon the 
 question of his appointment or removal, and upon 
 any other question which may arise in the board 
 of trustees, the trustee or trustees of each district 
 shall have one vote only. All the districts owning 
 such library shall be considered as a school district, 
 and the library as a school district library, within 
 the meaning of the subsequent provisions of this 
 title. 
 
 S 9- The agreement forming a joint library may 
 be terminated by the votes of all the several dis- 
 tricts that made it, or by the votes of any one or 
 more of them less than the whole, provided a major- 
 ity of the school commissioners within whose districts 
 the school districts lie, advise and consent thereto, 
 or the superintendent of public instruction so order. 
 
 S 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
 
 PUBLIC INSTRUCTION. 61 
 
 whose districts the school districts lie, or by some 
 officer or person selected by the superintendent of 
 public instruction. 
 
 S 11. The general regulations respecting the pre- Former re g - 
 servation of school district libraries, the delivery of forehand 1 
 them by librarians and trustees to their successors in *&?*£ 
 office, the use of them by the inhabitants of the dis- S^gg* 2 " 
 trict, the number of volumes to be taken by any one 
 person at any one time or during any term, the periods 
 of their return, the hues and penalties that may be 
 imposed by the trustees of such libraries for not 
 returning, for losing or destroying any of the books 
 therein, or for soiling, defacing or injuring them, 
 heretofore framed by the superintendent of public 
 instruction, are continued in force, and he may, from 
 time to time, amend, annul or add to them, and shall, 
 from time to time, furnish printed copies of the regu- 
 lations in force, and of such amendments, annulments 
 and additions to the trustees of such libraries ; and 
 all such regulations shall be obligatory upon all per- 
 sons 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 of minora 
 name of the trustees of any such library, of the per- library, 
 son on whom they are imposed, unless such person 
 be a minor ; in which case they may be recovered of 
 the parent or guardian of such minor, unless notice 
 in writing shall have been given by such parent or 
 guardian to the trustees of such library, that they 
 will not be responsible for any books delivered 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. 
 
 S 12. The superintendent of public instruction, snperin- 
 whenever he may deem proper, may require the may require 
 trustees of any such library to make to him or to rcport ' 
 the school commissioner, a report showing the con- 
 tents and condition of the library, the fines imposed, 
 and any other information which he may deem pro- 
 per touching the library, or its management, and 
 shall prescribe the form, contents and authentication 
 of such report. And may impose it as a duty upon maybe' 
 tlie teacher employed in any district, under the direc- ^'k^ 011 
 tion of the trustees, to assist them in making such
 
 62 
 
 ACT RELATING TO 
 
 Penalty for 
 neglect of 
 trustees. 
 
 Superin- 
 tendent 
 may select 
 books. 
 
 Library act 
 of 1856 re- 
 pealed. 
 
 examination, and when such direction is given the 
 teacher may close the school one day for the purpose 
 of making such examination, and the same shall not 
 be accounted as lost time. 
 
 S 13. If any such trustees willfully neglect or 
 refuse to make any such report, the superintendent 
 shall cause all library moneys to be withholden from 
 the district until the report be made and considered 
 by him, and such moneys shall, if he see cause, be for- 
 feited by the district, in which case they shall be 
 apportioned among the school districts of the county 
 in which the library is situated, other than such 
 school district. And any trustee or trustees, through 
 whose neglect or refusal, such moneys shall be lost 
 to the district, shall forfeit and pay to the district 
 twice the amount of such moneys, for the benefit of 
 the library of the district, and such forfeiture may be 
 recovered by his or their successors in office. 
 
 $ 14. The superintendent, whenever thereto request- 
 ed by the trustees of any district school library, may 
 select the library, or books for the library of the dis- 
 trict, and cause the same to be delivered to the clerk 
 of the county. 
 
 g 15. The act entitled "An act to provide for the 
 distribution of standard works of American authors 
 among the libraries of district schools," passed April 
 twelfth, eighteen hundred and fifty-six, is hereby 
 repealed. 
 
 Prelimina- 
 ry condi- 
 tions. 
 
 Duty of 
 trustees. 
 
 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 with the provisions of this title, it shall be 
 the duty of the trustees of such district, within ten 
 days after such call shall have been presented to 
 them, to give public notice that a meeting of the 
 inhabitants of such district, entitled to vote thereat, 
 will be held for such purpose as aforesaid, at the 
 school house, or other more suitable place, in such
 
 PUBLIC INSTRUCTION. 
 
 63 
 
 district, on a day and at an hour in such notice to be 
 specified, not more than twenty days after the public- 
 ation of such notice. If the trustees shall refuse to 
 give such notice, or shall neglect to give the same for 
 twenty days, the superintendent of public instruction 
 may authorize and direct any inhabitant of said dis- 
 trict to give the same. The qualifications of the 
 inhabitants, entitled to vote at such meetings as now 
 by law expressed, shall be sufficiently set forth in the 
 notice aforesaid. 
 
 § 2. The notice aforesaid, and at least five written 
 or printed copies thereof, shall be severally posted at 
 various conspicuous places in, and may also be pub- 
 lished in any newspaper circulating within, such dis- 
 trict. The trustees of such district shall authorize 
 and require any taxable inhabitant of the same to 
 notify every other inhabitant (qualified to vote as 
 aforesaid), of such meeting, to be called as aforesaid, 
 who shall give such notification in the manner, and 
 subject to the penalty prescribed in the case of the 
 formation of new school districts, by title seven, of 
 this act. 
 
 g 3. The reasonable expense of such notices, and 
 of their publication and service, shall be chargeable 
 upon the district, in case a union free school is estab- 
 lished by the meeting so convened, to be levied and 
 collected by the trustees, as in cases of taxes now 
 levied for school purposes ; but in the event that 
 such union free school shall not be established, then 
 the said expense shall be chargeable upon the inhab- 
 itants signing the call, jointly and severally, to be 
 sued for if necessary in any court having jurisdiction 
 of the same. 
 
 *g 4. Whenever fifteen persons, entitled as afore- 
 said, from each of two or more adjoining districts, 
 shall unite in a call for a meeting of the inhabitants 
 of such districts, to determine whether such districts 
 shall be consolidated by the establishment of a union 
 free school therefor and therein, it shall be the duty 
 of the trustees of such districts, or a majority of them, 
 to give like public notice of such meeting, at some 
 convenient place within such districts, and as central 
 as may be, within the time, and to be published and 
 
 When su- 
 perintend- 
 ent may 
 give notice. 
 
 Qualifica- 
 tion of vot- 
 
 Notices, 
 how given, 
 &c. 
 
 Expense of 
 notices, 
 how paid. 
 
 Union free 
 schools of 
 two or more 
 districts. 
 
 * As amended by sec. 15, Chap. Gl", Laws of 1S65.
 
 64 
 
 ACT RELATING TO 
 
 Expense 
 chargeable 
 
 upon tin- 
 union free 
 school 
 district. 
 
 Proceeding 
 to form a 
 union tree 
 school dis- 
 trict ; legal 
 voters only 
 to act. 
 
 Two-thirds 
 vote of 
 those pre- 
 sent and 
 voting, 
 necessary ; 
 election of 
 trustees. 
 
 Board of 
 education. 
 
 served in the manner set forth in the second section 
 of this title, in each of such districts. The reasona- 
 ble 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 otherwise the signers of the call shall be jointly 
 and severally liable for such expenses. The superin- 
 tendent of public instruction may order such meeting 
 under the conditions and in the manner prescribed in 
 the first section of this title. 
 
 *§ 5. Any such meeting, held as aforesaid, shall be 
 organized by the appointment of a chairman and 
 secretary, and may be adjourned from time to time 
 by a majority vote, provided any such adjournment 
 shall 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 district, or of each of such dis- 
 tricts (to determine which the lists of such voters 
 made out by the clerks of such districts respectively, 
 or other person who shall be especially designated to 
 serve the notice aforesaid and to make such lists, 
 shall be prima facie evidence ) ; whenever the ques- 
 tion whether a union free school shall be established, 
 in pursuance of the call for such meeting, shall be 
 determined in the affirmative by a two-thirds vote of 
 those present and voting, it shall thereafter be lawful 
 for such meeting to proceed to the election by ballot 
 of not less than three nor more than nine trustees, 
 who shall, by the order of such meeting, be divided 
 into three several classes ; the first 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 sec- 
 tion provided for ; and when the trustees so elected 
 shall enter upon their office, the office of any existing 
 trustee or trustees shall cease, except for the purposes 
 stated in section eleven, of title six of this act. The 
 said trustees and their successors in office shall con- 
 stitute a board of education of and for the union free 
 school district for which they are elected, and the 
 designation of such district as union free school dis- 
 trict number , of the town of , shall be made 
 
 * As amended by sec. 16, Chap. 647, Laws of 1865.
 
 PUBLIC INSTRUCTION. 
 
 65 
 
 by the school commissioner having jurisdiction of the 
 district ; aud the said board shall have the name and 
 style of the board of education of ( adding the 
 
 designation aforesaid). Copies of the said call, min- 
 utes of said meeting or meetings, duly certified by 
 the chairman aud secretary 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 establish- 
 ment of a union free school shall not be decided in 
 the affirmative, as aforesaid, then all further proceed- 
 ings at such meeting, except a motion to reconsider 
 or adjourn, shall be dispensed with, and no such 
 meeting shall be again called within one year there- 
 after. 
 
 g 6. Whenever said board of education shall be 
 constituted for any district or districts whose limits 
 correspond with those of any incorporated village or 
 city, the trustees so elected shall, by the order of such 
 meeting, be divided into three several classes: the 
 first class to serve until one, the second until two, 
 and the third until three years after the day of the 
 next charter election in such village or city, and their 
 regular term of service shall be computed from the 
 several days of such charter elections, and not from 
 the second Tuesday in October. And thereafter 
 there 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 classi- 
 fication aforesaid are about to expire. 
 
 § 7. The said boards of education are hereby sev- 
 erally created bodies corporate, and each shall at its 
 first meeting, and at each annual meeting thereafter, 
 elect one of their number president, another the clerk 
 thereof, the latter of whom shall also be the general 
 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 treasurer, and another collector of the moneys 
 
 Copies of 
 proceed- 
 ings, with 
 whom filed. 
 
 When the 
 district cor- 
 responds 
 with the 
 limits of 
 any incorpo- 
 rated city or 
 village. 
 
 Trustees, 
 their elec- 
 tion. 
 
 Body corpo- 
 rate.
 
 66 
 
 ACT RELATING TO 
 
 Treasurer 
 and collect- 
 or to exe- 
 cute a bond. 
 
 Corporate 
 authorities 
 to levy tax 
 for school 
 purposes. 
 
 Board of 
 education 
 to report 
 estimate for 
 amount of 
 said tax. 
 
 Proceedings 
 in case of 
 refusal or 
 neglect to 
 levy tax. 
 
 to be raised within the same for school purposes, who 
 shall severally hold such appointments during the 
 pleasure of the board. Such treasurer and collector 
 shall each, and within ten days alter notice in writing 
 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, with 
 such sufficient penalty and sureties as the board may 
 require, conditioned for the faithful discharge of the 
 duties of his office. And in case such bond shall not 
 be given within the time specified, such office shall 
 thereby become vacant, and said board shall there- 
 upon, by appointment, supply such vacancy. 
 
 § 8. The corporate authorities of any incorporated 
 village or city, in which any such union free school 
 shall be established, shall have power, and it shall be 
 their duty, to raise, from time to time, by tax, to 
 be levied upon all the real and personal property 
 in said city or village, as by law provided for the 
 defraying of the expenses of its municipal govern- 
 ment, such sum or sums as the board of education 
 established therein shall declare necessary for the 
 furtherance of any of the powers vested in them by 
 law. The sums so declared necessary shall be set 
 forth in a detailed statement in writing, addressed to 
 the corporate authorities by the board of education, 
 giving the various purposes of anticipated expend- 
 iture, and the amount necessary for each ; aud the 
 said corporate authorities 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. 
 
 g 9. In case the corporate authorities shall refuse 
 to provide for any or all of the other purposes of 
 expenditure declared necessary in the statement 
 aforesaid, they shall communicate in writing to the 
 said board of education their objections to each and 
 every expenditure which they refuse to allow, 
 and thereupon the said board of education shall 
 cause the said communication to be published six 
 times in at least one paper published or circulating 
 in such district, and the said corporate authorities 
 may, at any time, reconsider their action in refusing 
 to allow such expenditures, or any of them, or may 
 allow such other sums for any or all of such expend-
 
 PUBLIC INSTRUCTION". (37 
 
 itures as the board of education in any subsequent 
 or modified statement may recommend. The annual 
 meeting of the board of education of every union 
 free school district shall be held on the third Tuesday 
 of October in each year. 
 
 § 10. A majority of the voters of any union free Powers of 
 school district other than those whose limits corre- special 1 " 1 
 spoud with an incorporated city or village, present at meetlu s s - 
 any annual or special district meeting, duly con- 
 vened, may authorize such acts, and vote such taxes 
 as they shall deem expedient for making additions, 
 alterations or improvements to or in the sites or 
 structures belonging to the district, or for the pur- 
 chase of other sites or structures, or for the erection 
 of new buildings, or for buying apparatus or fix- 
 tures, or for paying the wages of teachers and the 
 necessary expenses of the school, or for such other 
 purpose relating to the support and welfare of the 
 school as they may, by resolution, approve ; and 
 they may direct the moneys so voted to be levied in 
 one sum, or by installments ; and the board of edu- 
 cation shall make out their tax list, and attach their 
 warrant thereto, in the manner provided in article 
 seven of title seven of this act, for the collection of 
 school district taxes, and shall cause such taxes or 
 such installments to be collected at such times as 
 they shall become due. jSTo vote to raise money 
 shall be rescinded, nor the amount thereof be 
 reduced at any subsequent meeting, unless the same 
 be done within ten days after the same shall have 
 been first voted. 
 
 § 11. Any moneys required to pay teachers' wages, ah moneys 
 
 • » /» i*i • * 1 i"ii l. to dg raised 
 
 in a union free school, or in the academical depart- by tax, and 
 ment thereof, after the due application of the school b m. byrate 
 moneys thereto, shall be raised by tax, and not by 
 rate bill. 
 
 § 12. Every union free school district shall, for all Every such 
 the purposes of the apportionment and distribution echooidis- 
 of school moneys, be regarded and recognized as a tnct 
 school district. 
 
 % 13. The said board of education of every union ^ u a c r a d ti ° f n 
 free school district shall severally have power : theirpow- 
 
 1. To pass such by-laws as they may deem proper Toinake 
 for the regulation and exercise of their lawful busi- bylawt 
 oess and powers.
 
 68 
 
 ACT RELATING TO 
 
 To regulate 
 discipline 
 of the 
 school. 
 
 To grade 
 and classify. 
 
 To pre- 
 scribe and 
 furnish 
 text-books. 
 
 To have 
 charge of 
 all proper- 
 ties. 
 
 To hold 
 real estate. 
 
 To establish 
 an academi- 
 cal depart- 
 ment. 
 
 To contract 
 •with and 
 employ 
 teachers 
 and remove 
 them. 
 
 2. To establish such rules aud regulations con- 
 cerning' the order and discipline 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. 
 
 G. 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 annuity, of whatever kind, given 
 or bequeathed to the said board, and apply the 
 same, or the interest or proceeds thereof, according 
 to the instructions of the donor or testator. 
 
 7. To have, in all respects, the superintendence, 
 management and control of said union free schools, 
 and to establish in the same an academical depart- 
 ment, whenever in their judgment the. same is 
 warranted by the demand for such instruction ; to 
 receive into said union free schools any pupils resid- 
 ing out of said districts, and to regulate and estab- 
 lish the tuition fees of such non-resident pupils in 
 the several departments of said schools ; to provide 
 fuel, furniture, apparatus and other necessaries for 
 the use of said schools, and to appoint such librari- 
 ans as they may, from time to time, deem necessary. 
 
 * 8. To contract with and employ qualified teach- 
 ers 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 neg- 
 lect of duty or for immoral conduct, and to pay the 
 
 * As amended by section 17, Chapter 647, Laws of 1865.
 
 PUBLIC INSTRUCTION. 
 
 69 
 
 wages of such teachers out of the moneys appropri- 
 ated for that purpose. 
 
 9. To fill any vacancy which may happen in said 
 board by reason of 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 offi- 
 cial misconduct. 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 opportunity 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 common school departments in 
 any union free school in said districts, which the 
 trustees of common schools now possess or are sub- 
 ject to, not inconsistent with the provisions of this 
 title ; and to enjoy, whenever an academical depart- 
 ment shall be by them established, all the immuni- 
 ties and privileges now enjoyed by the trustees of 
 academies in this state. 
 
 § 14. In union free school districts other than those 
 whose limits correspond with any city or incorporated 
 village, the board of education shall have power to 
 call special meetings of the inhabitants, in the man- 
 ner 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 
 
 To fill va- 
 cancies in. 
 officers of 
 the board, 
 
 To remove 
 members of 
 the b card. 
 
 To have all 
 power of 
 trustees of 
 school dis- 
 tricts and of 
 trustees of 
 academies. 
 
 May call 
 
 epecial 
 
 meetings. 
 
 Time of 
 
 annual 
 
 meeting. 
 
 Board to 
 report esti- 
 mates of 
 expenses to 
 annual 
 meeting. 
 
 May mako 
 such state- 
 ment at any 
 time.
 
 70 
 
 ACT RELATING TO 
 
 Rpwers of 
 
 inhabitants 
 
 thereupon. 
 
 When 
 board may 
 levy tax 
 without 
 vote of the 
 inhabitants. 
 
 Superin- 
 tendent to 
 decide any 
 question as 
 to what are 
 " contin- 
 gent ex- 
 penses." 
 
 Board to 
 meet once 
 in each 
 quarter. 
 
 "Visit 
 schools, &c. 
 
 Expendi- 
 ture of 
 moneys. 
 
 special meeting called for the purpose, nor from pre- 
 senting a supplementary and amended statement or 
 estimate at any time. 
 
 § 16. After the presentation of such statement, the 
 question shall be taken upon voting the necessary 
 taxes to meet the estimated expenditures, and when 
 demanded by any voter present, the question shall 
 be taken upon each item separately, and the inhab- 
 itants may increase the amount of any estimated 
 expenditures or reduce the same, except for teachers' 
 wages, and the ordinary contingent expenses of the 
 school or schools. 
 
 § 17. If the inhabitants shall neglect or refuse to 
 vote the sum or sums estimated necessary for teach- 
 ers' 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 attend- 
 ing such school, or if they shall neglect or refuse to 
 vote the sum or sums estimated necessary for ordi- 
 nary contingent expenses, the board of education 
 may levy a tax for the same, in like manner as if the 
 same had been voted by the inhabitants. 
 
 § 18. If any question shall arise as to what are 
 ordinary contingent 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 education, elected pursuant to the provis- 
 ions of this title, to have a regular meeting at least 
 once in each quarter, and at such meetings to appoint 
 one or more committees, to visit every school or 
 department 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. It shall also be the duty of said boards, 
 respectively, to have reference in all their expendi- 
 tures and contracts to the amount of moneys which 
 shall be appropriated, or subject to their order or 
 drafts, during the current year, and not to exceed 
 that amount. And said boards shall severally apply
 
 PUBLIC INSTRUCTION. 71 
 
 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 sup- 
 port of the academical department, to the latter 
 departments. 
 
 g 21. All moneys raised for the use of the union Moneys to 
 free schools in any city or incorporated village, or vfnape or to 
 apportioned to the same from the income of the liter- £ y ty treasu 
 ature, 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 educa- 
 tion therein ; and the funds so received into such 
 treasury shall be kept separate and distinct from any 
 other funds received into the said treasury. And 
 the officer having the charge thereof shall give such 
 additional security for the safe custody thereof as 
 the corporate authorities of such city or village shall 
 require. No money shall be drawn from such funds, Moneys, 
 credited to the several boards of education, unless howdrawn - 
 in pursuance of a resolution or resolutions of said 
 board, and on drafts drawn by the president and 
 countersigned by the secretary, payable to the order 
 of the person or persons entitled to receive such 
 money, and stating on their face the purpose or 
 service for which such moneys have been authorized 
 to be paid by the said board of education. 
 
 § 22. All moneys raised for the use of said union payment, 
 free schools, other than those whose limits corres- mentsfand 
 pond with those of any cities and incorporated behoof 
 villages, or apportioned from the income of the moneys. 
 literature or common school or United States 
 deposit funds, or otherwise, shall be paid to the 
 respective treasurers of the said several boards of 
 education entitled to receive the same, and be by 
 them applied to the uses of said several boards, 
 who shall annually render their accounts of all 
 moneys received and expended by them for the use 
 of said schools, with every voucher for the same, 
 and certified copies of all orders of the said boards 
 touching the same, to the school commissioner of 
 the town in which the principal school house of the 
 district is located. 
 
 § 23. Every academical department, established Academical 
 as aforesaid, shall be under the visitation of the e P artment
 
 72 
 
 ACT RELATING TO 
 
 subject to 
 
 regents. 
 
 Qualifica- 
 tions of pu- 
 pils. 
 
 May adopt 
 
 existing 
 
 academy, 
 
 procedure 
 
 therefor. 
 
 Subject to 
 superin- 
 tendent of 
 public in- 
 struction. 
 
 Board shall 
 report an- 
 nually to 
 school com- 
 missioner. 
 
 Superin- 
 tendent 
 may require 
 special 
 report. 
 
 Superin- 
 tendent 
 may remove 
 any mem- 
 
 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 regu- 
 lations made in regard to academies 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. 
 
 g 24. AVhenever a union free school shall be estab- 
 lished 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 there- 
 upon the trustees, by a resolution to be attested by 
 the signatures of the officers of the board, and filed 
 in the otfice of the clerk of the county, shall declare 
 their offices vacant, and thereafter the said academy 
 shall be the academical department of such union 
 free school. 
 
 § 25. Every union free school district, in all its 
 departments, shall be subject to the visitation of the 
 superintendent of public instruction. He is charged 
 with the general supervision of its board of educa- 
 tion, and their management and conduct of all its 
 departments of instruction. And every board of 
 education shall annually, between the first and fif- 
 teenth 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 
 matters 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 
 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. 
 
 g 26. For cause shown, and after giving notice of 
 the charge and opportunity of defense, the superin- 
 tendent of public instruction may remove any mem-
 
 PUBLIC INSTRUCTION. 
 
 ber 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. 
 
 § 27. The provisions of this title shall apply to all 
 union free schools heretofore organized pursuant to 
 the provisions of chapter four hundred and thirty- 
 three of the laws of eighteen hundred and fifty-three. 
 
 ber of the 
 board. 
 
 This title 
 applies to 
 schools es- 
 tablished 
 under the 
 act of 1853. 
 
 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 expedient, 
 establish a separate school or separate schools for the 
 instruction of children and youth of African descent, 
 resident therein, and over five and under twenty-one 
 years of age ; and such school or schools shall be sup- 
 ported 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. 
 
 § 2. The trustees of any union school district, or 
 of any school district organized under a special act, 
 may, when the inhabitants of any school district shall 
 so determine, by resolution at any annual meeting, 
 or at a special meeting called for that purpose, estab- 
 lish a separate school or separate schools for the 
 instruction of such colored children resident therein, 
 and such schools shall be supported in the same man- 
 ner, 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. 
 
 3 4. Section one hundred and forty-seven of chap- 
 ter four hundred and eighty, laws of eighteen hun- 
 dred and forty-seven, is hereby repealed. 
 
 10 
 
 Colored 
 schools in 
 cities and 
 villages. 
 
 Colored 
 schools in 
 union free 
 school dis- 
 trict. 
 
 Teacher 
 must he 
 legally 
 qualified. 
 
 Former act 
 rcpcalod.
 
 74 
 
 ACT RELATING TO 
 
 Commis- 
 sioner to 
 
 hold au in- 
 stitute. 
 
 To give due 
 notice, &c. 
 
 Superin- 
 tendent to 
 advise, 
 employ 
 teachers, 
 &c. 
 
 To establish 
 the bases 
 of appor- 
 tionment. 
 
 Superin- 
 tendent 
 may estab- 
 lish regula- 
 tions. 
 
 TITLE XL 
 
 OF TEACnERS' INSTITUTES. 
 
 Section 1. It shall be the duty of every school 
 commissioner, at least once in each year, to 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 
 present and take part in its exercises. 
 
 § 2. The commissioner or commissioners, subject 
 always to the advice and direction of the superin- 
 tendent 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 com- 
 bined districts, and to all others who may desire to 
 become such, of the time when and the place where 
 the institute will be organized. 
 
 § 3. The superintendent of public instruction shall 
 advise and co-operate with the school commissioners 
 in fixing the times and places of holding the teach- 
 ers' institute ; and he shall have power to employ, or 
 cause the school commissioners to employ, suitable 
 persons, at a reasonable compensation, to conduct 
 aud teach the institutes ; and he shall visit, or cause 
 to be visited by persons employed in the depart- 
 ment of public instruction, such and so many of the 
 institutes as he possibly can, for the purpose of 
 examining into the course and manner of instruction 
 pursued, and of rendering such assistance as he may 
 rind expedient; and he shall establish the bases upon 
 which the yearly appropriation for the support of 
 teachers' institutes shall be distributed to the several 
 institutes, and the term or terms during which the 
 same may be held, having reference, in the estab- 
 lishment of such regulations, to the number of 
 teachers in the county, district or combined districts, 
 and in attendance at the institute, to the length 
 of time during which they shall be held, to the 
 facilities for attendance upon them, and to local dis- 
 advantages requiring especial consideration. 
 
 <§ 4. The superintendent of public instruction may 
 establish such regulations in regard to certificates 
 of qualification or recommendation, which may be
 
 PUBLIC INSTRUCTION. 75 
 
 issued by school commissioners, as will in his judg- 
 ment furnish incentives and encouragement to 
 teachers to atteucl the institutes ; and the closing Teachers 
 of his school by a teacher for the time during which IKS 
 an institute shall be held in and for the county or contract 6 
 school commissioner district in which his school is, 
 and which institute he shall have attended during 
 the time for which he closed his school, shall not 
 work a forfeiture of the contract under which he is 
 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. 
 
 § o. The trustees of any school district are hereby TmBteea 
 authorized, in their discretion, to give to the teacher the y tfacher 
 or teachers employed by them, the whole or any part thetime - 
 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 the 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 instruction may include 
 the district in his apportionment of the state school 
 moneys, and direct that it be included by the school 
 commissioner or commissioners in their apportion- 
 ment of school moneys, provided always that such 
 school district be in all other respects entitled to be 
 included in such apportionment. 
 
 § 0. The treasurer shall pay, on the warrant of the Mode of 
 comptroller, to the order of any one or more of the w mmt - 
 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 superin- 
 tendent to conduct and teach any teachers' institute, 
 his reasonable compensation as certified by the super- 
 intendent.
 
 76 
 
 ACT RELATING TO 
 
 To trans- § 7. The school commissioner or commissioners by 
 
 logueand whom any teachers' institute shall be organized, shall 
 theraVenn- transmit to the superintendent of public instruction 
 tendeut. a catalogue of the names of all persons who shall 
 have attended such institute, with such other statis- 
 tical information, in such form and within such time, 
 as may be prescribed by said superintendent. 
 
 TITLE XII. 
 
 Any person 
 may appeal. 
 
 From what. 
 
 Ibid. 
 
 Ibid. 
 Ibid. 
 
 Superin- 
 tendent's 
 decision 
 final. 
 
 Power of 
 superin- 
 tendent. 
 
 ON APPEALS TO THE SUPERINTENDENT OF PUBLIC 
 
 INSTRUCTION. 
 
 Section 1. Any person conceiving himself aggriev- 
 ed in consequence of any decision made : 
 
 1. By any school district meeting ; 
 
 2. By any school commissioner or school commis- 
 sioners and other officers, in forming or altering, 
 or refusing to form or alter, any school district, or in 
 refusiug 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 such 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 of any school district library 
 concerning such library, or the books therein, or the 
 use of such books ; 
 
 6. By any district meeting in relation to the library ; 
 
 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 subject to question or review in any place or 
 court whatever. 
 
 § 2. The superintendent, in reference to such 
 appeals, shall have power : 
 
 1. To regulate the practice therein. 
 
 2. To determine whether an appeal shall stay pro- 
 ceedings, and prescribe conditions upon which it 
 shall or shall not so operate.
 
 PUBLIC INSTRUCTION. 77 
 
 3. To decline to entertain, or to dismiss, an appeal, 
 when it shall appear that the appellant has no inter- 
 est in the matter appealed from, and that the matter 
 is not a matter of public concern, and that the person 
 injuriously affected by the act or decision appealed 
 from is incompetent to appeal. 
 
 4. To make all orders, by directing the levying of 
 taxes or otherwise, which may, in his judgment, be 
 proper or necessary to give effect to his decision. 
 
 § 3. The superintendent shall file, arrange in the superin- 
 order of time, and keep in his office, so that they may Bbauaie 
 be at all times accessible, all the proceedings on every P a P erB - 
 appeal to him under this title, including his decision 
 and orders founded thereon ; and copies of all such copies of 
 papers and proceedings, authenticated by him under majbe n at. 
 his seal of office, shall be evidence equally with the ^ dby 
 originals. 
 
 TITLE XIII. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section 1. Whenever the share of school moneys school 
 or any portion thereof, apportioned to any town, penalties 
 school district or separate neighborhood, or any io 8 r 8 ! heir 
 money to which a town, school district or separate 
 neighborhood would have been entitled, shall be lost, 
 in consequence of any willful neglect of official duty 
 by any school commissioner, town clerk, trustees or 
 clerks of school districts, the officer or officers guilty 
 of such neglect shall forfeit to the town, school dis- 
 trict or separate neighborhood so losing the same, 
 the full amount of such loss, with interest thereon. 
 
 3 2. Where any penalty for the benefit of a school JJ'gfJ* 
 district, or of the schools of any school district, town, prosecute, 
 school commissioner district, or county, shall be 
 incurred, and the officer or officers whose duty it is 
 by law to sue for the same shall willfully and unrea- 
 sonably refuse or neglect to sue for the same, such 
 officer or officers shall forfeit the amount of such 
 penalty to the same use, and it shall be the duty of 
 their successor or successors in office to sue for the 
 same. 
 
 <S 3. Anv person who shall willfully disturb, inter- Disturbing 
 rupt or disquiet any district school in session, or any BCh ooi
 
 78 
 
 ACT RELATING TO 
 
 house, 
 penalty. 
 
 Procedure. 
 
 Penalty. 
 
 Actions 
 against 
 school offi- 
 cers. 
 
 persons assembled, with the permission of the trus- 
 tees of the district, in any district school house, for 
 the purpose of giving or receiving instruction in any 
 branch of education or learning, or in the science or 
 practice of music, shall forfeit twenty-five dollars, 
 for the benefit of the school district. 
 
 § 4. It shall be the duty of the trustees of the dis- 
 trict, or the teacher of the school, and he shall have 
 power, to enter a complaint against such offender 
 before any justice of the peace of the county, or the 
 mayor or any alderman, recorder or other magistrate 
 of the city wherein the offense was committed. The 
 magistrate or other officer before whom the complaint 
 is made, shall thereupon by his warrant, directed to 
 any constable or jjerson, 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 impan- 
 nel a jury for his trial, and he shall be tried in the 
 same manner as in a court of special sessions. 
 
 § 5. If any person convicted of the said offense 
 do not immediately pay the penalty, with the costs 
 of the prosecution, or give security to the satisfac- 
 tion of the magistrate for the payment thereof 
 within twenty days, the magistrate or other officer 
 shall commit him to the common jail of the county, 
 there to be imprisoned until the penalty and costs be 
 paid, but not exceeding thirty days. 
 
 § 6. In any action against a school officer or offi- 
 cers, 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 offi- 
 ces, 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 not extend to suits for penalties, nor 
 to suits or proceedings to enforce the decisions of 
 the superintendent.
 
 PUBLIC INSTRUCTION. 79 
 
 § 7. Whenever the trustees, or any school district cost of 
 officer, shall have been instructed by a resolution of dereTb / 
 the district meeting-, to bring or defend an action or ^district 
 proceeding touching any district property or claim char e e - 
 of the district, or involving its rights or interests, 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 Actions 
 officer shall have brought or defended any such rlctsonVf 1 " 
 action or proceeding, without any such resolution of ^8^' ex ' 
 the district meeting, and after the final determina- tow paid, 
 tion of such suit or proceeding shall present to any 
 regular meeting of the inhabitants of the district an 
 account in writing of all costs, charges and expenses 
 paid by him or them, with the items thereof, and 
 verified by his or their oath or affirmation, and a 
 majority of the voters at such meeting shall so 
 direct, it shall be the duty of the trustees to cause 
 the same to be assessed upon and collected of the 
 taxable 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 officer or officers 
 entitled to receive the same ; but this provision shall 
 not extend to suits for penalties, nor to suits or 
 proceedings to enforce the decisions of the superin- 
 tendent of public instruction. 
 
 § 0. Whenever any officer or officers mentioned in When the 
 the last preceding section of this act shall have com- lui^'what 
 plied with the provisions of said section, and the act,ou - 
 inhabitants shall have refused to direct the trustees 
 to levy a tax for the payment of the costs, charges 
 and expenses therein mentioned, it shall be lawful for 
 him or them then and there to give notice orally 
 and publicly, that he will appeal to the county judge 
 of the county in which the school house of said dis- 
 trict 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
 
 80 ACT RELATING TO 
 
 district meeting, appoint one or more of the inhabit- 
 ants of the district to protect the rights and interests 
 of the district upon said appeal. And the officer or 
 officers before mentioned shall, thereupon, within ten 
 days, serve upon the clerk of said district (or if there 
 be no such clerk, upon the town clerk of the town) a 
 copy of the aforesaid account so sworn to, together 
 with a notice in writing, 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 inspec- 
 tion 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 
 aforesaid, and to protect the rights of the district 
 upon such settlement ; 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 
 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 super- 
 intendent of public instruction. 
 ibid. § 10. Upon the appearance of the parties, or upon 
 
 due proof of service of the notice and copy of the 
 account, the county judge shall examine into the mat- 
 ter, and hear the proofs and allegations propounded 
 by the parties, and decide by order whether or no the 
 account, or any, and what portion thereof, ought 
 justly to be charged upon the district, and his decision 
 shall be final ; but no portion of such account shall 
 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 be 
 prima facie evidence of the correctness thereof. The 
 county judge may adjourn the hearing from time to 
 time, as justice shall seem to require. 
 
 § 11. It shall be the duty of the trustees of any 
 school district, within thirty days after service of a 
 copy of such order upon them or upon the district 
 clerk and notice thereof to them or any two of them,
 
 PUBLIC INSTRUCTION. 81 
 
 to cause the same to be entered at length in the book 
 of records of said district, and to raise the amount 
 thereby directed to be paid, by a tax upon the dis- 
 trict, to be by them assessed and levied in the same 
 manner as a tax voted by the district. 
 
 § 12. For the support of the Indian schools, already Indian 
 established and which may be established, under 8Ch00la - 
 authority of chapter seventy-one of the Laws of 
 eighteen hundred and fifty-six, the superintendent 
 of public instruction, in his annual general appor- 
 tionment of the state school moneys appropriated for 
 the support of common schools, shall make an equi- 
 table apportionment, as provided by section six of 
 title three of this act; and the moneys which shall 
 be thus apportioned, and those which have been 
 apportioned for their support, under authority of 
 section four, chapter seventy-one, of the Laws of 
 eighteen hundred and fifty-six, shall be paid out of 
 the treasury for expenditures authorized by law and 
 actually incurred in the support of such schools, upon 
 the warrant of the superintendent, countersigned by 
 the comptroller. 
 
 $ 13. The superintendent of public instruction, so Publication 
 soon as may be after the passage of this act shall pre- statute, &c. 
 pare and cause to be printed, and distribute among 
 the school districts of the state, to each one copy, an 
 edition of this statute, with brief annotations embody- 
 in <r such of the decisions of the courts of the state, 
 and of the superintendents of common schools and 
 the superintendents of public instruction as are appli- 
 cable thereto, and such comments, explanations and 
 instructions as he shall deem necessary or expedient, 
 and the same shall be deposited with the district 
 clerk, and kept by him for the use of the inhabitants. 
 
 § 14. All provisions of law repugnant to or incon- 
 sistent with the provisions of this act, are hereby 
 repealed, saving always all rights of action vested 
 under such prior provisions, and proceedings com 
 inenced for the assertion thereof; but nothing herein 
 contained, unless it be so expressed, shall be con- 
 strued, unless by inevitable implication, to revive 
 any act or portion of an act heretofore repealed ; nor 
 to impair or in any manner affect or change any 
 special law touching the schools or school system of 
 any city or incorporated village of the state, 
 ll
 
 82 ACT 1 J ELATING TO 
 
 CHAP. 800 
 
 AN ACT to provide for the appraisal of, and acquir- 
 ing- Title to Lauds taken for or in addition to Sites 
 for District School Houses. 
 
 Passed April 25, 1866; three-fifths being present. 
 
 The People of the State of New York, represented in Senate 
 and Assembly, do enact asfolloics: 
 
 Section 1. Land for the site of a district school 
 house, or additional land adjoining" to and for the 
 enlargement of an established site, 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 jmrpose, or the trustee or trus- 
 tees of the district cannot agree with such owner or 
 owners, or some of them, upon the price or value 
 thereof, as follows : 
 
 A petition shall be prepared for presentation to the 
 county court of the county in which the land is situ- 
 ated, at some regular term thereof, signed by the 
 trustee or trustees of the district, or a majority of 
 them, setting forth that the inhabitants of the district 
 have designated or desire to obtain the land for the 
 site of a district school house, or in addition to and 
 for the enlargement of that already established as 
 such site, describing such land by its locality and by 
 particular metes and bounds, stating the quantity 
 thereof as nearly as may be, with the name or names, 
 and place or places of residence of the owner or own- 
 ers, and that the consent of such owner or owners, or 
 some of them, to sell such land for said purpose, can- 
 not be obtained, or that the trustee or trustees cannot 
 agree with him or them, or some of them, upon a rea- 
 sonable price therefor, and praying for the appoint- 
 ment of commissioners to appraise the same. At the 
 time of presenting the said petition, or at any time 
 afterwards, the trustees may file with the clerk of 
 the county in which the land is situated, a notice 
 of the pendency of the proceedings, containing- the
 
 SITES FOR SCHOOL HOUSES. 83 
 
 object thereof, and a description of the land and the 
 names of the parties to be affected thereby. From 
 the time of filing only shall the said notice be con- 
 structive notice to a purchaser or incumbrancer of 
 property affected thereby ; and every person whose 
 conveyance or incumbrance is subsequently executed 
 or subsequently recorded, shall be deemed a subse- 
 quent purchaser or incumbrancer, and shall be bound 
 by all proceedings taken after the riling of such notice, 
 to the same extent as if he was made a party to the 
 proceedings. 
 
 A copy of said petition with a notice thereto annex- 
 ed of the time and place when and where the same 
 will be presented to the county judge holding said 
 county court, addressed to the owner or owners of 
 the required lauds, shall be served in all cases, except 
 as hereinafter allowed, as follows : Upon each per- 
 son to whom the notice is addressed, who resides in 
 the county in which the land is situated, by deliver- 
 ing to each such person, or in case of his absence by 
 leaving at his 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 presenta- 
 tion 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-offices nearest to 
 said land, directed to such person at his reputed 
 place of residence, and paying the proper postage 
 thereon, at least forty days before the day specified 
 in the notice for the presentation of the petition, if 
 such place of residence be within this state, and at 
 least sixty days before that day if such place of resid- 
 ence be out of this state, except that if such place of 
 residence be in the upper peninsula of Michigan, or 
 in any state or territory of the United States west 
 of the Mississippi river, except the states of Iowa, 
 Missouri, Arkansas and Louisiana or any place out 
 of the jurisdiction of the United States, then at least 
 four months before such specitied day of presenta- 
 tion. If any such owner or owners shall reside out 
 of the state, and shall have an agent or attorney 
 residing therein, authorized to convey or contract for 
 the sale of his or their interest in said lands who 
 shall not consent, or with whom the trustee or trus- 
 tees cannot agree as aforesaid, then and in that case
 
 84 ACT RELATING TO 
 
 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 person- 
 al^ or by depositing the same in a post-office as 
 aforesaid, directed to such agent or attorney at his 
 place of residence, and paying postage as aforesaid, 
 the same number of days or months before the said 
 specified day for the presentation of the petition, as 
 if the service were upon such owner or owners, as 
 hereinbefore required. If any such owner shall be 
 an infant, under the age of twenty-one years, such 
 service shall be made on his general guardian ; if 
 there be no such guardian, on the infant, if over four- 
 teen 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 presentation 
 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 such infant 
 resides, upon whom service is made. If any such 
 owner shall be an idiot, or of unsound mind, service 
 shall be made upon the committee of his person or 
 estate ; or, if there be no such committee, then upon 
 the person who shall have the care of such idiot or 
 person of unsound mind, in the same mode and the 
 same number of days before presentation of the peti- 
 tion, as in other cases. In all other cases service of 
 copies of the petition, of notices, appointments of 
 guardians or committees, orders or other papers in 
 the proceedings under this act, or in connection there- 
 with, shall be made as the county judge holding the 
 court in which the proceedings are had shall direct. 
 § 2. On presenting such petition to the county 
 court aforesaid, on the day specified for its presenta- 
 tion as aforesaid, with proof of service of a copy or 
 copies thereof and notice, and of other papers as 
 hereinbefore required, all persons whose estate or 
 interest are to be affected by the proposed proceed- 
 ings, relative to the land described in the petition, 
 may appear in person or by attorney, or other proper 
 representative, before the said court, and show cause 
 against granting the prayer of the petitioners. The 
 said court shall hear the proofs and allegations of 
 the parties, and if no sufficient cause be shown
 
 SITES FOR SCHOOL HOUSES. 85 
 
 against granting the prayer of the petitioners, shall 
 make an order appointing three disinterested and 
 suitable persons, residing in the same county, neither 
 of whom shall be an inhabitant of the school dis- 
 trict named in the petition, or interested in any 
 taxable property therein, or who shall be within two 
 degrees of relationship, by blood or marriage, to any 
 owner of such taxable property, or to any owner of 
 the land described in such petition, as commissioners 
 to appraise the said land, and to award the compen- 
 sation to be made to the owner or owners thereof for 
 the same, for the purposes specified in said petition ; 
 and the said court shall specify and appoint in such 
 order the time and place within said school district, 
 for the first meeting of said commissioners, and also 
 the time and place, when and where said county 
 court will receive the report of said commissioners 
 of their proceedings and award in the premises, for 
 confirmation. 
 
 § 3. The said commissioners, before entering upon 
 their duties, shall be sworn before some officer author- 
 ized 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 
 witnesses, and a majority of them may adjourn the 
 proceedings from time to time if necessary. They 
 shall also view the land in question, hear the proofs 
 and allegations of parties, reduce the testimony 
 given, if any, to writing; and without unnecessary 
 delay they, or a majority of them, shall appraise the 
 said land and determine and award the compensa- 
 tion which ought to be made therefor by said school 
 district, to the party or parties owning the same. 
 They shall make a written report of their proceed- 
 ings and award in the case, signed by them, or a 
 majority of them, which shall be accompanied by 
 the minutes of the testimony taken by them, and 
 shall deliver the same to the county judge of the 
 county on or before the day named in the order 
 appointing them, for receiving such report for con-
 
 86 ACT RELATING TO 
 
 firmation. The said commissioners shall be entitled 
 to two dollars per day for their services, which shall 
 be a charge upon and be paid by the school dis- 
 trict in whose behalf the land in question has been 
 appraised by them as aforesaid. 
 
 g 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 reg- 
 ularity and fairness of the previous proceedings, shall 
 make an order reciting the proceedings, giving a de- 
 scription of the laud appraised, confirming the report 
 and directing to whom the compensation awarded 
 shall be paid, or where and with whom the same 
 shall be deposited. A certified copy of the last men- 
 tioned order shall, without 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 forthwith to cause the same 
 to be recorded at the expense of the said school dis- 
 trict, in the office of the county clerk of the county 
 in which the land therein described is situated. The 
 trustee or trustees 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 sum 
 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 awarded for said laud, all the right, 
 title and interest of the owner and owners aforesaid, 
 in and to the said land, shall vest in the school dis- 
 trict in whose behalf the proceedings aforesaid were 
 instituted ; and the trustee or trustees of such dis- 
 trict shall be entitled to enter upon, take possession 
 of, occupy and use said land for the purpose set forth 
 in their petition aforesaid ; and all land acquired by 
 any school district pursuant to the provisions of this 
 act, shall be deemed to be taken for public use. 
 
 § 6. The proceeds of every such aw T ard shall be 
 divided amongst the parties whose rights and inter- 
 ests shall have been sold, in proportion to their 
 respective rights in the premises ; and the share of 
 such of the parties as are of full age shall be paid to 
 them or their legal representatives by the commis- 
 sioners, or shall be brought into court for their use.
 
 SITES FOR SCHOOL HOUSES. 87 
 
 § 7. When any of such known parties are infants, 
 the court may, in its discretion, direct the share of 
 such infants to be paid over to the general guardian 
 on proper security being filed, or to be invested in 
 permanent securities at interest, in the name and for 
 the benefit of such infants, or be deposited in some 
 trust company or savings bank to abide the further 
 order of the court. 
 
 g 8. When any of the parties whose interests have 
 been sold are absent from the state, or are not known 
 or named in the proceedings, the court shall direct 
 the shares of such parties to be invested in perma- 
 nent securities at interest, or to be deposited in some 
 trust company or saviugs bank to abide the further 
 order of the court, for the benefit of such parties, 
 until claimed by them or their legal representatives. 
 
 g 9. When the proceeds of a sale belonging to any 
 tenant in dower, or by the courtesy, or for life, shall 
 be brought into court as hereinbefore directed, the 
 court shall direct the same to be invested in perma- 
 nent 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 sum in gross in lieu thereof. 
 
 § 10. The court may, in its discretion, require all 
 or any of the parties, before they shall receive any 
 share of the moneys arising from such sale, to give 
 security to the satisfaction of such court to refund 
 the said shares witli interest thereon, in case it shall 
 thereafter 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 owner, nor to any part of any yard or inclos- 
 ure necessary to the use and enjoyment of buildings 
 or any fixtures or erections for the purposes of trade 
 or manufactures, without the consent of such owner. 
 
 g 13.' This act shall take effect immediately.
 
 88 ACT RELATING TO 
 
 CHAP. 761. 
 
 AN ACT authorizing the taxation of stockholders of 
 Banks, and the surplus funds of Savings Banks. 
 
 Passed April 23, 1866. 
 
 The People of the State of New York, represented in Senate 
 and Assembly, do enact as folhws : 
 
 Section 1. No tax shall hereafter be assessed upon 
 the capital of any bank or banking association organ- 
 ized under the authority of this state, or of the United 
 States, but the stockholders in such banks and bank- 
 ing associations shall be assessed and taxed on the 
 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 pro- 
 portion to such value as is the assessed value of the 
 real estate of the bank or banking association, and 
 in which any portion of their capital is invested, in 
 which said shares are held, to the whole amount of 
 the capital stock of said bank or banking association. 
 And provided, further, that nothing herein contained 
 shall be held or construed to exempt from taxation 
 the real estate held or owned by any such bank or 
 banking association ; but the same shall be subject 
 to state, county, municipal and other taxation to the 
 same extent and rate and in the same manner as 
 other real estate is taxed. 
 
 g 2. Every individual banker doing banking busi- 
 ness under the laws of this state, is hereby required 
 to declare upon oath before the assessor the amount 
 of capital invested in such banking business, and
 
 BANK TAXATION. 89 
 
 each one hundred dollars of such capital for the pur- 
 pose of this act, and for the purpose of taxation sball 
 be held and regarded as one individual share in such 
 banking business, and such shares are hereby declared 
 to be personal property. If such banker have part- 
 ners he shall declare upon oath before the assessor 
 the number of shares held by each of them in such 
 banking business, ascertained as above provided, and 
 the shares so held by any partner shall be included 
 iu the valuation of his taxable property in the assess- 
 ment of all taxes levied in the town, school district 
 or ward where such individual banker is located, 
 and not elsewhere ; and such individual banker shall 
 pay the same and make the amount so paid a charge 
 in the accounts with such partners ; and if such 
 individual banker have no partners he shall be held 
 to be sole owner of all the shares in such business of 
 banking, and the same shall be included in the valu- 
 ation of his personal property in the assessment of 
 all taxes levied in the town, school district or ward 
 where his bank is located, and not elsewhere. 
 
 § 3. There shall be kept at all times in the office 
 where the business of such bank or banking asso- 
 ciation, organized under the authority of this state 
 or of the United States, shall be transacted, a full 
 and correct list of the names and residences of all 
 the stockholders therein, and of the number of shares 
 held by each; and such list shall be subject to the 
 inspection of the officers authorized to assess taxes 
 during the business hours of each day in which 
 business may be legally transacted. 
 
 § 4. Sections ten and eleven of chapter ninety- 
 seven of the session laws of eighteen hundred and 
 sixty-five are hereby repealed. 
 
 § 5. When the owner of stock in any bank or 
 banking association, organized under the laws of 
 this state or of the United States, shall not reside 
 in the same place where the bank or banking asso- 
 ciation is located, the collector and county treasurer 
 shall, respectively, have the same powers as to col- 
 lecting the tax to be assessed by this act, as they 
 have by statute, when the person assessed has 
 removed from the town, ward or county in which the 
 assessment was made; and the county treasurer, 
 receiver of taxes, or other officers authorized to 
 12
 
 90 ACT RELATING TO BANK TAXATION. 
 
 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. 
 
 § 0. For the purpose of collecting such taxes, and 
 in addition to any other laws of this state, not in 
 conflict with the constitution of the United States, 
 relative to the imposition of taxes, it shall be the 
 duty of every such bank or banking association, and 
 the managing officer or officers thereof, to retain so 
 much of any dividend or dividends belonging to 
 such stockholders as shall be necessary to pay any 
 taxes assessed in pursuance of this act, until it shall 
 be made to appear to such officers that such taxes 
 have been paid. 
 
 $ 7. The privileges and franchises granted by the 
 legislature of the state, to savings banks or institu- 
 tions for savings, are hereby declared to be personal 
 property and liable to taxation as such in the town 
 or ward where they are located, to an amount not 
 exceeding the gross sum of- their surplus earned, and 
 in the possession of said banks or institutions ; 
 and the officers of such institutions or banks, may 
 be examined on oath by assessors, as to the 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. 
 
 S 8. This act shall take effect immediately.
 
 FORMS. gi 
 
 Form of icarrant for the collection of a district tax or rate 
 
 bill. 
 
 To the collector of school district No. , in the town of 
 , county of : 
 
 You ai-e 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 expir- 
 ation of the time above mentioned, to proceed forthwith to 
 collect the residue of the sums not so paid in as aforesaid, 
 with five cents on each dollar thereof for your fees ; and in 
 case any person upon whom such tax is imposed, shall 
 neglect or refuse to pay the same, you are to levy the same 
 by distress and sale of the goods and chattels of the person 
 or corporation so taxed, in the same manner as on warrants 
 issued by the board of supervisors to the'collectors of taxes 
 in towns ; and you are to make a return of this warrant 
 within thirty days after the delivery thereof to you ; and if 
 any tax on the real estate of a non-resident mentioned in the 
 said list, shall be unpaid at the time when you are required 
 to return this warrant, you are to deliver to the trustees of 
 the said district an account thereof, according to law. All 
 moneys received or collected by you by virtue of this war- 
 rant, 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., \ Trustees. 
 
 E. F. 
 
 Form of bond to be given by district collector for the faith- 
 ful performance of his official duties. 
 
 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. II. and L. M., trustees of school district 
 No. , in the town of , county of , in the 
 
 sum of (here insert the amount of bail fixed by the district 
 
 Note. — Collectors are now reouircd by law to execute a bond beforo 
 receiving the first warrant for collection of a tax or rate bill. (See section 
 83, title 7.)
 
 92 FORMS. 
 
 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 sur- 
 vivors of them, or their successors ; to which payment, well 
 and truly to be made, we bind ourselves, our heirs, executors 
 and administrators, firmly by these presents. Sealed with 
 our seals, and dated this day of , 18 . 
 
 Whereas the above bounden A. B. has been chosen (or 
 appointed) collector of the above mentioned school district 
 No. , in the town of , in conformity to the stat- 
 
 utes relating to common schools ; now, therefore, the condi- 
 tion of this obligation is such, that if the said A. B. shall 
 well and truly collect and properly account for all moneys 
 received by him as such collector, and shall, in all respects, 
 duly and faithfully execute all the duties of his office as col- 
 lector of such district, then this obligation shall be void, 
 otherwise to be in full force and effect. 
 
 A. B. 
 
 C. D. 
 
 R. S. 
 Signed, sealed and delivered ) 
 in the presence of j 
 
 l. s. 
 L. s. 
 
 L. S. 
 
 Note.— 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.
 
 INDEX. 
 
 Page. 
 
 Actions against School Officers, 78-80 
 
 Annulment of Teacher's Certificate : 
 
 By state superintendent, 7 
 
 By school commissioners, 11 
 
 Appeals to State Superintendent, 76 
 
 Apportionment of School Moneys: 
 
 By state superintendent, 14-1 7 
 
 Supplemental, 1G, 17 
 
 Deficiencies in, how made up, 17 
 
 By school commissioners, 20-23 
 
 Certificate of, 22 
 
 Erroneous, how rectified, 23 
 
 Blind, institution for the, 4, 5 
 
 Boundaries of School Districts, 10 
 
 Clerk of School District : 
 
 Must notify persons elected to district offices, 39 
 
 General duties of, 40-42 
 
 Clerks in Superintendent's Office, 4 
 
 Collector : 
 
 District meeting may fix bail of, 35 
 
 Vacates office by not giving bonds, 39 
 
 To return uncollected non-resident tax, 54 
 
 To execute bond, 56 
 
 May receive voluntary payments for two weeks, 56 
 
 Fees of, 56 
 
 To have custody of certain district moneys, 57
 
 94 INDEX. 
 
 Collector — continued : Page. 
 
 Shall report at annual meeting, 67 
 
 Shall make up for district money lost through his neglect, 58 
 
 Form of collector's bond, 91 
 
 Colored Schools 73 
 
 Contingent Fund, 14 
 
 Deaf and Dumb, Institution for the, 4, 5 
 
 Deputy State Superintendent, appointment of, 3 
 
 Districts: 
 
 What are entitled to public moneys, .' 23 
 
 Joint, must bear same No. in each commissioner district, 28 
 
 Formation, alteration and dissolution of, 28-31 
 
 Special meetings in, 32 
 
 Annual meetings in, 33 
 
 Officers of, qualifications and terms of office, 38 
 
 may resign, 40 
 
 May unite libraries, 60 
 
 Powers of inhabitants at district meetings. (See Meetings.) 
 
 Exemption : 
 
 From payment of rate bill, 45 
 
 May be collected by tax, 45 
 
 Fines and Penalties : 
 
 How paid and apportioned, 19, 20 
 
 Where supervisor refuses to give bonds, 23 
 
 embezzles school moneys, 24 
 
 neglects to make certain returns 25 
 
 Duty of supervisor to sue for, 26 
 
 For refusal to give notice of district meeting, 32 
 
 illegal voting, 34 
 
 refusal to serve in district office, 40 
 
 "Where trustee employs unqualified teacher, 42 
 
 fails to render annual account of moneys, 48 
 
 For making false report, 50 
 
 neglect of library by trustees, 62 
 
 loss of school moneys, through neglect, 77 
 
 neglect to prosecute as required by law, 77 
 
 disturbing school meeting, 77 
 
 Gospel and School Lots, 18 
 
 Lndian Schools : 
 
 Equitable sum to be set apart for, 14 
 
 Appropriation for, 81
 
 INDEX. 95 
 
 Joint District: Page. 
 
 Must bear same number in each commissioner district, 28 
 
 Formation of. 28 
 
 Dissolution of, 30 
 
 Librarian, duties of, 42 
 
 Libraries : 
 
 Apportionment of moneys for, 14, 21 
 
 Trustee may insure, 44 
 
 When library money amounts to less than $3, it may be applied to pay- 
 ment of teacher's wages, 46, 59 
 
 Tax and state moneys for, 58 
 
 Trustees to have custody of, 59 
 
 liable for books lost or injured, 59 
 
 Of two districts may be united, 60 
 
 Rules respecting, 61 
 
 Penalty for neglect of, by trustees, 62 
 
 # 
 
 License to Teach : 
 
 Examination for, 11 
 
 Annulment of, 7, 11 
 
 Meetings, School District : 
 
 Notice of, in new district, 31 
 
 "When commissioner may call, 32 
 
 Special, how called, 32 
 
 Annual, when to be held, and manner of proceeding when not held, 33 
 
 Duty of inhabitants to attend, 34 
 
 Qualification of voters at, 34 
 
 Challenge of voters at, 34 
 
 Illegal voting at, 34 
 
 Powers of inhabitants at 34-36 
 
 Neighborhoods : 
 
 Apportionment to, 21 
 
 Formation and dissolution of, 28 
 
 Annual meetings in, 33 
 
 Powers of meetings in, 34 
 
 Clerk of, 40 
 
 To report to commissioners, 50 
 
 Penalties. (See Fines and Penalties.) 
 
 Public Money, trustees to divide when authorized, 45 
 
 Pupils : 
 
 Age of those entitled to attend common schools, 42 
 
 Indian and non-resident, 42
 
 96 INDEX. 
 
 Page. 
 
 Rate Bills 45, 46 
 
 Removal of School Officers : 
 
 By superintendent 7 
 
 Of officers of union free school districts, 72 
 
 Repairs : 
 
 May be ordered by commissioners, 11 
 
 What may be made by trustee without vote of inhabitants, 46 
 
 Reports : 
 
 By state superintendent, 6 
 
 By school commissioners, 12 
 
 By trustees, to district meeting 47 
 
 By trustees to school commissioner, 48-50 
 
 False, penalty for, 50 
 
 By collector, 57 
 
 By board of education of union free school districts, 72 
 
 School Commissioners : 
 
 General powers and duties, 8-12 
 
 To apportion state school moneys, 20-24 
 
 To certify to state superintendent and to supervisors, 22 
 
 Duties in regard to the formation, alteration and dissolution of school dis- 
 tricts, 28-31 
 
 To appoint time for holding first meeting in new district, 31 
 
 When authorized to call special district meetings, 32 
 
 Cannot be trustees of school districts, 38 
 
 School Houses and Sites : 
 
 General provisions regarding, 36 
 
 Sale of, 37 
 
 Trustees may insure when authorized, 44 
 
 May be used for certain purposes, 46 
 
 School house site bill, 82 
 
 Schools, Common: 
 
 Free to all persons between the ages of five and twenty-one years, 42 
 
 Colored, 73 
 
 State tax for support of, 12 
 
 School Year, what constitutes, 15 
 
 State Certificates, 6 
 
 State School Moneys : r 
 
 What shall constitute, 14 
 
 Apportionment of, by state superintendent, 14-18 
 
 When payable, 17
 
 INDEX. 97 
 
 State School Moneys — continued : Page. 
 
 Apportionment of, by school commissioners, 20-23 
 
 Disbursement of, by supervisors, 24 
 
 Trustees to draw on supervisors for, 45 
 
 Library moneys, 58 
 
 State Superintendent: 
 
 Election and general powers of, 3-7 
 
 Shall prescribe rules for libraries, 61 
 
 Powers and duties in relation to appeals, 76 
 
 Supervisors : 
 
 Powers and duties in relation to state school moneys, 24-26 
 
 Must sue for all penalties, when the duty i3 not otherwise imposed, 26 
 
 Duties in relation to property of dissolved school districts 30 
 
 Cannot be trustees, 38 
 
 May accept resignation of district officers, 40 
 
 May appoint trustees in certain cases, 39 
 
 Tax: 
 
 For support of common schools 12 
 
 For fuel, appendages, repairs, libraries, deficiencies, contingencies, school 
 
 house and site, and to replace moneys.lost or embezzled, 35, 36 
 
 For uncollectible portion of rate bill, 46 
 
 Any legal sum may be raised by, 46 
 
 How assessed and made out, 50-58 
 
 In joint districts, 52 
 
 When tenants are liable for, 52, 53 
 
 What persons exempt from tax to build school house, 53 
 
 On non-resident lands, 53 
 
 Payment of, may be made before levy, 55 
 
 Collection of, 55-57 
 
 For libraries, 58 
 
 Tax List, trustee to make out, 44 
 
 Teachers : 
 
 Who are qualified, 42 
 
 Unqualified, cannot receive public money, 42 
 
 Shall keep lists of attendance, 43 
 
 Must be employed by trustee, 44 
 
 Must verify record, 47 
 
 May be required to assist in examination of library, 61 
 
 Teachers' Institutes, 74 to 76 
 
 Tenant, when liable for tax 52, 53 
 
 Town Clerk, duties of, 26, 28 
 
 13
 
 98 INDEX. 
 
 Treasurer : paob. 
 
 County, shall pay to collector a sum equal to taxes returned as unpaid, ... 64 
 Of union free school districts to have custody of moneys, 71 
 
 Trustees: 
 
 Who may not hold the office, 38 
 
 District to elect one or three, 39 
 
 Vacancies in office of, how filled, 39 
 
 Yacate office, how, 40 
 
 May fill vacancies in certain district offices, 40 
 
 May admit non-resident pupils, 42 
 
 Prohibited from employing unqualified teachers, 42 
 
 General powers and duties of, 43-58 
 
 To have custody of library, 59 
 
 Liability for books lost or injured, 59 
 
 Trusts for benefit op Common Schools, 11 
 
 Union Free School Districts : 
 
 Formation of, 62-G5 
 
 Election of trustees, 64, 65 
 
 Treasurer and collector of, 65, 66 
 
 Corporate authorities to levy tax for, 66 
 
 Powers of meetings in, 67 
 
 No rate bills in, , 67 
 
 Board of education, powers of, 67-73 
 
 Manner of levying taxes in, 69, 70 
 
 Treasurers to have custody of moneys, 71 
 
 Payment and disbursement of moneys in, 71 
 
 Academical department, 71, 72 
 
 Reports from, 72 
 
 Removal of officers of, 72 
 
 Valuation of Property: 
 
 How ascertained, • 51 
 
 Reduction in, 52 
 
 Voters : 
 
 Qualifications of, 34 
 
 Challenge of, 34 
 
 Illegal voting, penalty for, 34 
 
 Warrant: 
 
 For collection of rate bills, 44, 45 
 
 For collection of tax, 55 
 
 May be executed where, 56 
 
 May be renewed, } 57 
 
 Form of, 91
 
 University of California 
 
 SOUTHERN REGIONAL LIBRARY FACILITY 
 
 405 Hilgard Avenue, Los Angeles, CA 90024-1388 
 
 Return this material to the library 
 
 from which it was borrowed. 
 
 LAW LIBRARY 
 
 UNIVERSITY OF CALIFORNIA 
 
 LOS A wni?i c^o
 
 || I III Ullll II II III I 
 
 Manufoctur** by . « nnn , 
 
 GAYLORD BROS. Inc. Jr- « « u JU ' 
 
 SyracuM, H.Y. iW- 
 Stockton, CoWf . •*
 
 .' 
 
 University 
 
 Southei 
 
 Libra]