Графични страници
PDF файл
ePub

TITLE 2.

When town altered.

[468]

Certificato

he shall ascertain, by the best evidence in his power, the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly.

S7. Whenever, in consequence of the division of a town, or the erection of a new town, in any county, the apportionment then in force shall become unjust, as between two or more of the towns of such county, the superintendent shall make a new apportionment of the school monies, next to be distributed amongst such towns, ascertaining by the best evidence in his power, the facts upon which the ratio of apportionment, as to such towns, shall depend.

Laws of 1819, 188; § 5; 1827, 237.

S8. The superintendent shall certify each apportionment and notice. made by him, to the comptroller, and shall give immediate notice thereof, to the clerk of each county interested therein, and to the clerk of the city and county of New-York; stating the amount of monies apportioned to his county, and to each town and city therein, and the time when the same will be payable to the treasurer of such county, or to the chamberlain of the city of New-York.

Regulations, &c.

Certain articles to

$9. The superintendent shall prepare suitable forms and regulations for making all reports, and conducting all necessary proceedings, under this Title, and shall cause the same, with such instructions as he shall deem necessary and proper, for the better organization and government of common schools, to be transmitted to the officers required to execute the provisions of this Title throughout the state.

Laws of 1819, 208, § 38.

S 10. He shall cause so many copies of the first six be printed. Articles of this Title, with the forms, regulations and instructions prepared by him, thereto annexed, to be, from time to time, printed and distributed, amongst the several school districts of the state, as he shall deem the public good to require.

Expenses

11. All monies reasonably expended by him, in the how paid. execution of his duties, shall, upon due proof, be allowed to him by the comptroller, and be paid out of the treasury.

When paid.

See Laws of 1839, ch. 330; 1841, ch. 260; 1843, ch. 133.

ARTICLE SECOND.

OF THE DISTRIBUTION OF THE COMMON SCHOOL FUND.

SEC. 12. When school monies to be paid.

13. To be applied for as soon as payable.

14. County treasurer to give notice.

15. Duty of treasurer if monies are not applied for.

16, 17 & 18. Repealed.

19. If no commissioners, to be paid to treasurer.

$12. The sum annually to be distributed for the encouragement of common schools, shall be paid on the first day of February, in every year, on the warrant of the comptroller,

to the treasurers of the several counties, and the chamberlain of the city of New-York.

Laws of 1819, 187, § 3; 1824, 337, § 1.

ART. 2.

to apply.

S13. The treasurer of each county, and the chamberlain of Treasurer the city of New-York, shall apply for and receive the school monies apportioned to their respective counties, as soon as the same become payable.

Laws of 1819, 188, § 4.

notice.

$ 14. Each treasurer receiving such monies, shall give [469] notice, in writing, to some one or more of the commission- To give ers of common schools, of each town or city in his county, of the amount apportioned to such town or city, and shall hold the same, subject to the order of such commissioners.

Laws of 1819, 188, § 4.

remaining

how dis

posed of.

$15. In case the commissioners of any such city or town, Monies shall not apply for and receive such monies, or in case there are no commissioners appointed in the same, before the next receipt of monies apportioned to the county, the monies so remaining with the treasurer, shall be retained by him, and be added to the monies next received by him for distribution,. from the superintendent of common schools, and be distributed therewith, and in the same proportion.

Sections 16, 17 and 18 repealed by Laws of 1851, ch. 151.

monies to

treasurer.

S 19. If there shall not be any commissioners of common When schools, in such town when the monies are collected, the be paid to collector shall pay the same, retaining his fees for collection, to the county treasurer, to be by him apportioned among the several cities and towns in the county, and distributed in the manner provided in the fifteenth section of this Title.

Laws of 1819, 188, § 6. See Laws of 1839, ch. 330; 1851, ch. 151,
425 and 449.

[That part of the Revised Statutes which related to common schools was passed in 1827 and took effect January 1, 1828. During the 35 years that have sinee elapsed many acts have been passed on the subject; but those only are inserted here which are strictly parts of the Revised Statutes. The other general acts now in force, on that subject, will be found in a subsequent volume.]

CHAP. 480.

AN ACT relative to the office of town superintendent of common schools, and amendatory of the Revised Statutes, entitled, "Of public instruction."

PASSED December 15, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

superin

tendents to

$1. There shall continue to be elected in each of the Town towns in this state, at the same time, and in the manner now provided by law for the election of other town officers, an

be elected.

TITLE 2.

Those now in office how long to hold.

Superin. tendents

hereafter elected to

officer to be denominated "town superintendent of common schools," who shall possess all the powers, perform all the duties, and be subject to all the restrictions, liabilities and penalties conferred and imposed by this act.

$ 2. The several town superintendents in office when this act takes effect, elected or appointed in conformity to existing laws, shall continue to hold their respective offices, and discharge the duties thereof until the first Monday of November, one thousand eight hundred and forty-eight.

$3. The town superintendents of common schools hereafter to be elected in conformity with the provisions of this give bond. act, shall, each of them, on or before the first Monday of November succeeding such election, execute to the supervisor of his town and file with the town clerk, a bond with one or more sufficient sureties to be approved by the said supervisor by endorsement over his signature on said bond, with a penalty in double the amount of all the school moneys received by his town from all sources during the preceding year and conditioned for the faithful application and legal disbursement of all the school money coming into his hands during his term of office, and for the faithful discharge of all the duties of said office; and in case such bond shall not be executed, filed and approved within the time herein prescribed, the office of such town superintendent shall be Vacancies deemed vacant; and any such or any other vacancy that may occur in said office, shall be filled by any three justices of the peace of the same town by a warrant under their hands and seals, who are hereby authorized to make such appointments; and the persons so appointed shall hold their respective offices until others are elected or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors.

to be filled by three justices.

The war

rant to be fled.

Tenure of office.

Restriction.

R. S.

amended.

S4. The justices making the said appointment shall forthwith cause the said warrant to be filed in the office of the town clerk of the town, and give immediate notice to the person appointed.

S5. Every town superintendent elected after this act takes effect shall on executing the bond as before provided, enter upon the duties of his said office on the first Monday of November succeeding his election, and shall hold his office for two years thereafter, and until a successor who shall have been duly elected, shall have taken the oath of office and filed an official bond pursuant to the provisions of this act.

$6. No town superintendent of a town shall hold the office of trustee of a school district, nor shall a person chosen a trustee, hold the office of district clerk, and no town superintendent shall hold the office of either supervisor or town clerk.

$ 7. The third, fourth, fifth and sixth articles of title two, chapter fifteen, part first of the Revised Statutes, entitled

"Of public instruction," shall be and the same are hereby amended so as to read as follows:

ARTICLE THIRD.

THE POWERS AND DUTIES OF THE TOWN SUPERINTENDENT OF COMMON

SCHOOLS.

ART. 3.

SEC. 8. Duty of town superintendent.

9. To except certain districts.

10. Teachers' and library money.

11. When money not to be apportioned.

12. Who are qualified teachers.

13. Restrictions on separate neighborhoods.

14. State superintendent, when to direct apportionment.

15. (Repealed.)

16. When new districts excluded.

17. Moneys remaining on hand a year.

18. Moneys on hand two years.

19. Yearly report to county clerk.

20. Penalty for neglecting it.

21. Duty of county clerk on neglect.

22. Share of money may be withheld. 23. Superintendent liable therefor.

24. Supervisor to prosecute.

25. Town superintendent to keep accounts. 26. Account to be rendered to successor.

27. Balance to be paid over.

28. When balance appropriated.

29. Successor may sue for balance.

30. Town superintendent a corporation.

31. Pay of town superintendent.

32. Duty of town clerk.

districts.

S8. It shall be the duty of the town superintendent of School common schools in each town,

1. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter provided:

certain

2. To set off by itself any neighborhood in the town To set off adjoining to any other state of this Union, where it has been neighborusual or shall be found convenient for such neighborhood to send their children to a school in such adjoining state:

hoods.

be number

3. To describe and number the school districts, and to Districts to deliver the description and numbers thereof, in writing, to ed. the town clerk, immediately after the formation or alteration thereof:

hoods.

school

4. To deliver to such town clerk a description of each Neighborneighborhood, adjoining to any other state, set off by itself; 5. To apply for and receive from the county treasurer all To receive moneys apportioned for the use of common schools in their moneys. town, and from the collector of the town, all moneys raised therein for the same purpose, as soon as such moneys shall become payable, or be collected:

TITLE 2. To apportion the same.

When to apportion the same.

6. To apportion the school moneys received on the first Tuesday of April in each year, among the several school districts, parts of districts and neighborhoods separately set off, within the town, in proportion to the number of children residing in each, over the age of five and under that of sixteen years, as the same shall have appeared from the last annual reports of their respective trustees:

7. If the town superintendent shall have received the school moneys of the town, and all the reports from the several school districts therein, before the first Tuesday of April, he shall apportion such moneys as above directed, within ten days after receiving all of the said reports and the said moneys: 8. To sue for and collect, by his name of office, all penalties and forfeit and forfeitures imposed in this title, and in respect to which no other provision is made which shall be incurred by any officer or inhabitant of their town, and after deducting his costs and expenses, to add the sums recovered to the school moneys received by him, to be apportioned and paid in the

To sue for penalties

ures.

To except

districts

which do

same manner.

14 B., 59.

9. In making the apportionment of moneys among the several school districts, no share shall be allotted to any disnot report trict, part of a district, or separate neighborhood, from which no sufficient annual report shall have been received, for the year ending on the last day of December, immediately preceding the apportionment.

Teachers and library

$10. In making the apportionment of public money, it money to be shall be the duty of the town superintendent to designate the designated. respective proportions of teachers' and library money belonging to each district, and to pay over as much as is designated teachers' money, on the written order of a majority of the trustees of each district, to the teachers entitled to receive the

Money not to be

apportioned unless

school has been kept in district four months.

Qualified

teachers.

same.

S11. No moneys shall be apportioned and paid to any district or part of a district, unless it shall appear by such report that a school had been kept therein for at least four months during the year ending at the date of such report, by a qualified teacher; that no other than a duly qualified teacher had at any time during the year for more than one month been employed to teach the school in said district; and that all moneys received during that year have been applied to the payment of the compensation of such teacher; and no portion of the library money shall be apportioned or paid to any district or part of a district, unless it shall appear from the last annual report of the trustees that the library money received at the last preceding apportionment was duly expended according to law, on or before the first day of October subsequent to such apportionment.

$12. No teacher shall be deemed a qualified teacher, within the meaning of this title, who shall not have received, and

« ПредишнаНапред »