COMPARATIVE STATEMENT

Of the condition of the Common Schools, from 1815, the period of the first statistical report, to 1843.

CHAPTER I.

OF THE SCHOOL FUND AND ITS APPORTIONMENT.

In every year immediately following a year in which a national or state census is taken, the Superintendent of Common Schools is required by law to "apportion the school moneys to be annually distributed amongst the several counties of the state, and the sl:are of each county amongst its respective towns and cities," according to the rates of their population respectively. If an increase of the fund to be distributed occurs during the period intervening between the respective enumerations, under the authority of the general and state governments, the Superintendent is to apportion such increase according to the last preceding census. When the census, or returns, upon which an apportionment is to be made, shall be so far defective, in respect to any county, city, or town, as to render it impracticable for the Superintendent to ascertain the share of school moneys, which ought then to be apportioned to such county, city, or town, he is required to ascertain, by the best evidence in his power, the facts upon which the ratio of such apportionment shall depend, and to make the apportionment accordingly: and whenever, in consequence of the division of a town, or the erection of a new town, in any county, the apportionment then in force shall become unjust, as between two or more of the towns of such county, he is required to make a new apportionment of the school moneys next to be distributed amongst such towns, ascertaining by the best evidence in his power, the facts upon which the ratio of apportionment as to such towns, shall depend. He is also to certify each apportionment made by him, to the comptroller, and give immediate notice thereof, to the clerk of each county interested therein, and to the clerk of the

city and county of New-York; stating the amount of moneys apportioned to his county, and to each town and city therein, and the time when the same will be payable to the treasurer of such county, or to the chamberlain of the city of New-York.-Laws relating to Common Schools, 2-8.

The proceeds of the sales of all lands belonging to the state are, by the constitution, appropriated exclusively to the Common School Fund. The lands remaining unsold consist of 357,824 acres, principally situated in the fourth senate district, in the northern part of the state, and are valued by the surveyor-general at $178,412, constituting what is termed the unproductive capital of the fund.

The productive capital of the fund amounted on the 30th of September last to $1,975,093. 15, and consists of bonds for lands sold and for loans, bank stock, state stock, balance due on the loans of 1792 and 1808, and money in the treasury belonging to the fund; yielding an annual revenue of $110,000, for distribution among the several school districts. An equal amount was appropriated by chap. 237 of the Laws of 1838, from the annual revenue of the United States deposit fund, together with an additional amount of $55,000 for the purchase of district libraries, so that the aggregate sum to be apportioned annually among the several school districts from the state treasury, is $275,000.00.

This sum is required to 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, according to the last preceding apportionment of the Superintendent of Common Schools. On the receipt of the share so apportioned to each county by the treasurer, he is required to give notice in writing to the Town Superintendent of each town, and to some one or more of the Commissioners of common schools of each city in his county, of the amount apportioned to such town or city, and to hold the same subject to their order. In case they, or any of them, do not apply for their share of such moneys, or of a vacancy in their office, the treasurer is to retain the same and add it to the amount next to be received by him for distribution. It is made the special duty of the county treasurer "to apply for and receive

the school moneys apportioned to their respective counties, as soon as the same become payable.-§ 12-14.

Treasurers of counties have no right to deduct from the amount of the school moneys apportioned to each town a commission of one per cent. They are unquestionably entitled to such a commission under § 26, 1 R. S. 370, on the moneys received and paid by them for the use of the common schools; but they have no right to diminish the amount of the moneys placed in their hands for distribution, under an apportionment by the Superintendent. Their commission is a charge upon the county, and not upon the Common School Fund.-Com. School Dec. 279. Whenever the clerk of any county receives from the Superintendent of common schools notice of the appor tionment of moneys to be distributed in the county, he is required to file the same in his office, and transmit a certified copy to the county treasurer, and to the clerk of the board of supervisors of the county; and the clerk of the board of supervisors is to lay such copy before the supervisors at their next meeting.

By 17 of the school act (No. 19,) it is made "the duty of the supervisors, at such meeting, and at every annual meeting thereafter, to add to the sums of money to be raised on each of the towns of the county, for de fraying the necessary expenses thereof, a sum equal to the school moneys which shall have been apportioned to such town; which moneys, so added, together with the fees of the collector, shall be levied and collected in the same manner as other moneys directed to be raised in the town;" and by § 18, the supervisors "shall cause and require the collector of each town, by their warrant to him, to pay the moneys so added, when collected, retaining his fees for collection, to the Town Superintendent of common schools in such town, for the use of common schools therein; whose receipt therefor shall be sufficient evidence of such payment."

If there shall not be any Town Superintendent of common schools in such town when the moneys are collected, the collector is to pay the same, retaining his fees for collection, to the county treasurer, to be by him apportioned as above required.