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ARTICLE SEVENTH.*

ART. 7.

(488) LOCAL REGULATIONS RESPECTING COMMON SCHOOLS. Sec. 1165. Duty of clerk of New-York in relation to money apportioned to that city.

117b. Sum to be raised by corporation.
1186. What sum to be deposited for commissioners of school money.
1196. Commissioners how appointed, number, &c.

1206. How vacancies supplied.
„1216. Who ineligible to office..
1225. Corporation to designate schools entitled to monies.
1236. Trustees of schools designated to report; its contents.
1245. Duties of commissioners.
1256. Apportionment of school monies.
1266. Forfeiture for neglecting to produce proof.
127b. School may appeal from commissioners.
1286. Four wards of Troy to remain one district.
129b. Trustees of.
130b. Trustees to take an oath.
131b. Forfeiture for neglecting to file it.
1326, Commissioners to pay money, district entitled to.
1336. Common council may raise money.
1345. Certain aldermen not members for purposes of preceding section.
1356. Trustees to fix price of tuition.
1366. How many commissioners and inspectors to be annually chosen.
1376. 1381, 1396. Money allowed to city of Hudson, how apportioned, &c. *
1406. Treasurer of Columbia to transmit his apportionment.
1416. Supervisors to make addition to amount.
1426. Collector to pay to commissioners of Hudson.
143b. How they shall distribute it.
1446. Assessors to designate inhabitants, who reside in districts.
1456 Money assigned to city of Albany, to be paid to trustees of Lancaster school.
1466. They shall account to county treasurer.
1476. Money assigned to Schenectady, how to be apportioned.
1486. Duty of treasurer of Schenectady county in relation thereto.
1496. Money how to be distributed.
1509. Annual reports to be made by trustees and teachers.
151. Commissioners to divide certain territory into districts.
152. Schools of Albany, Schenectady, and Hudson, to report.
153. Poughkeepsie, and certain part of Catskill, each to be a district.

[4891 154. To whom the monies for those districts to be paid. 155. Who shall be trustees of those districts. 156. Treasurer of Oneida to pay to treasurer of Utica, its proportion. 157. Village of Utica one district; trustees to report. 158. Trustees may raise money to keep school-house in repair. 159 & 160. Monies appropriated to Flatbush. 161. Trustees of Erasmus Hall academy, how to account. 162. Trustees of Montgomery academy, to be trustees of district number 7. 163. Commissioners of Flushing to pay Free School association. 164. Managers to report. 165. This Title to what places and persons to extend. $ 1165. Whenever the clerk of the city and county of New- Clerk of

New York York, shall receive notice from the superintendent of common New schools, of the amount of the monies apportioned to the city of New-York, for the support and encouragement of common

• Since this article was enacted, many laws have been passed, materially affecting its enactments, but not repealing this article, except as " inconsistent.".

TITLE 2.

tion to raise money.

Where

Commigeioners how

&c.

schools therein, he shall immediately lay the same before the corporation of the city, in common council convened.

Laws of 1824, 337, S 1 & 2. Laws of 1844, ch. 320, establishing the

Board of Education in New York, repeals so much of sections 11gb

to 1270 of this Article as is inconsistent with that act. Corpora- $ 1176. The corporation shall annually raise and collect, by

tax upon the inhabitants of the city, a sum of money equal to the sum specified in such notice, at the same time, and in the same manner as the contingent charges of the city are levied and collected.

S 1186. The corporation shall, ou or before the first day of deposited.

May in every year, direct that a sum of money equal to the amount last received by the chamberlain from the common school fund, be deposited by him, together with the sum so received from the school fund, in one of the incorporated banks in the city, to the credit of the commissioners of school money for the city, and subject only to the drafts of the commissioners, drawn payable to the order of the treasurers of the respective societies or schools entitled thereto, or to some person duly authorised by the trustees of such societies or schools.

S 1196. The corporation shall, once in every three years, appointed, after the month of January in the year one thousand eight

hundred and twenty-five, appoint from the inhabitants of the city, one from each ward, to be commissioners of school money, who shall hold their offices for three years, and until others are appointed in their places; and who, before they enter upon the duties thereof, shall take the oath of office prescribed in the constitution of this state.

Laws of 1824, 337, § 3; Laws of 1826, 93. Vacancies. $ 1206. All vacancies occurring in the office of commis

sioner, shall be supplied by the corporation ; and each person ' appointed to fill a vacancy, shall hold his office for the residue of the term for which his predecessor was appointed

Laws of 1824, 338, 8 3. $ 1216. No trustee or other officer of any society or school, which shall be entitled to receive a share of the school monies,

shall be appointed a commissioner of school monies. [490] S 1226. The corporation shall, once at least in three years, Monies... by ordinance, designate the societies or schools which shall

be entitled to receive a share of the school monies, and prescribe the rules and restrictions under which such monies shall be received by such societies or schools respectively. Such ordinance shall be published in two or more of the public newspapers of the city.

Laws of 1824, 338, § 4. $ 1236. The trustees of every society or school thus desig to nated, shall, on or before the fifteenth day of May in every of year, make a report in writing, under their corporate seal, and

Who inelligible.

buted.

When trustees to report; contents of report,

ART. 7.

signed by their presiding officer and secretary, to the commissioners of school money ; which report shall state,

1. The average number of scholars over four and under sixteen years of age, which shall have been taught, free of expense to such scholars, in their school during the year preceding the first of May; which number shall be ascertained by adding to the number of children on register at the commencement of each quarter, the number admitted during that quarter, and the total shall be considered the average for that quarter:

2. The average number that has actually attended such schools during the year, to be ascertained by the teachers keeping an exact account of the number of scholars present every school time, or half day; which being added together, and divided by the whole number of school times in the year, shall be considered the average of attending scholars; which average shall be sworn or affirmed to by the teachers :

3. The times during which such schools have been kept open during the year:

4. The amount of monies last received from the commissioners of school money, and the purposes for, and the manner in which the same shall have been expended :

5. A particular account of the state of the schools under their care, and of the property and affairs of such school or society.

Laws of 1824, 338, § 5. $ 124". It shall be the duty of the commissioners of school Duties of money,

1. To call for such reports, by advertisements in two or more of the public newspapers printed in the city of New

York, for at least two weeks preceding the fifteenth day of
May in every year:

2. To apportion and pay, on or before the first day of June in every year, the amount of money deposited to their credit, to the several societies or schools which shall be designated by the ordinance of the corporation as entitled to receive a share thereof, and who shall have complied with the requisitions of this Article:

3. To visit and examine the societies and schools receiving such monies, twice at least in every year, and to examine their registers and other books; and to require such other proof, on oath or otherwise, as they may think proper, relating to the (491) subject matter of any report made by the trustees of such societies and schools, as to the number of scholars, and the appropriation of monies received by them, and as to all other matters connected with the interest of said schools in such city:

4. To make a report to the corporation and to the superintendent of common schools, on or before the first day of December in every year, comprising all the matters contained

I. — 57

commissioners.

TITLE 2.

ment, how made,

When withheld.

in the reports of the respective societies and schools, for the year next preceding the first day of May in the same year, and such other matters as they may deem necessary to promote the interests of said schools in the city of New York:

5. To cause a copy of such report to be filed at the same time, in the clerk's office of the city and county.

Laws of 1824, 338, § 6, 7 & 8. Apportion. S 1256. The apportionment of school monies shall be made

to each school according to the average number of children over the age of four and under sixteen years, who shall have actually attended such school during the preceding year; but no school shall be entitled to a portion of such monies, that has not been kept open at least nine months during the year.

$ 1266. Every such society or school in the city of NewYork, which shall neglect, when so required by the commissioners, to produce satisfactory proof before the first day of June in any year, relating to the subject matter of any report made by its trustees, shall forfeit its share of school monies for that year; and such share shall remain in the hands of the commissioners, to be distributed by them as a part of the school monies of the succeeding year.

Laws of 1824, 339. $ 7. Appeal. S 1276. Every such society or school considering itself

aggrieved by any decision of the commissioners of school money, may appeal therefrom to the superintendent of common schools, whose decision thereon shall be final.

S 128". The four first wards of the city of Troy shall be district in. and remain one school district, and shall not be subject to

alteration by the commissioners of common schools for that city.

Laws of 1816, 147, $ 40 to 46. $ 129". The common council of the city shall annually, on the third Tuesday of May, appoint not exceeding thirteen trustees, to manage the concerns of the school in such district, and to perform the duties of inspectors and trustees thereof, as required by law and the ordinances of the common council.

$ 1306. Every trustee, before he shall enter on the duties of

his office, shall take and subscribe an oath or affirmation, in (492] the form prescribed in the constitution of the state, before the

mayor or recorder, or one of the aldermen or justices of the city, and shall file the same in the office of the clerk of the city.

Laws of 1816, 147, § 40 to 46; see Laws of 1834, ch. 296; 1837, ch.

379; 1838, ch. 43; 1842, ch. 273; 1841, ch. 350. Penalty for $1316. Every person appointed a trustee, who shall refuse neglect.

or neglect to file such oath or affirmation within fifteen days after he shall have received notice of his appointment, shall forfeit the sum of ten dollars, to be recovered in the manner prescribed in the “Act to incorporate the city of Troy," passed April 12th, 1816.

Troy; school

Inspectors and trust. ecs.

Oath.

ART. 7. School

house, how

&c.

of the 5th

wards not

$ 1326. The commissioners of common schools for the city shall pay to the chamberlain of said city, such a portion of monies.

how paid. the school monies to be distributed by them, as the district above designated may be entitled to receive, and the same shall be paid over by the chamberlain to the trustees of such district.

$ 1336. The common council of the city shall have power Schoolto raise a sum not exceeding five hundred dollars annually, tepat by tax on the inhabitants of such district, for repairing the school-house therein, and defraying the expenses of the school; which tax shall be assessed and collected as the other taxes of the city are assessed and collected, and when collected, shall be paid to the chamberlain of the city.

S 1346. In the execution of the powers which, by the pre- Alderman ceding sections, are vested in the common council of the and 6th city, the aldermen of the fifth and sixth wards shall not be to vote. considered as members of such council, nor be permitted to vote on any question that may arise therein, touching the concerns of such district or its school.

$ 1356. The trustees of such school shall have power to Tuition to exempt from the payment of tuition money and other charges, ated, &c. all such scholars and the persons sending them to school, as they shall judge unable to bear the charge thereof; and to fix the sum which each person liable to pay for the same shall be compelled to pay, having regard to the ability of the persons so liable; and to appoint a collector to collect such sums from the persons liable to pay the same.

$ 1366. There shall annually be elected, at the time and in Commisthe manner the other officers of the city are chosen, one inspectors, commissioner of common schools in each of the wards of chogen. the city of Troy; and in each of the fifth and sixth wards, three inspectors of common schools for such wards shall be chosen, at the same time and in the same manner.

$ 1376. The amount of monies allowed to the city of Hudson Hudson ; by the superintendent of common schools, shall be apportioned monies. by the treasurer of the county of Columbia, between “ The

ne propriated. Hudson Lancaster School Society," and such common school districts and parts of districts as now are or may hereafter be organized without the bounds of the compact part of the city, in a ratio proportioned to the number of children over the [493] age of five and under sixteen years, within such compact part, and the number of such children in such districts and parts of districts respectively, without such compact part.

Laws of 1826, 92; 1817, 324, 87; see Laws of 1841, ch. 350; 1843, ch.

12; 1844, ch. 132. $ 1386. The treasurer of the county of Columbia shall pay Treasurer the amount thus apportioned to the Hudson Lancaster School monies. to its treasurer, and the amount thus apportioned to such school districts and parts of districts to the commissioners of common schools for the city of Hudson.

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