§ 16. The members of said board of education, before receiving any moneys belonging to said district, shall severally execute to the towu superintendent of common schools of the town of Ridgeway, their separate bonds with two sufficient sureties to be approved by said town superintendent, in a penalty at least double the amount to be expended by them, for the benefit of said school during the next ensuing year, conditioned that such trustee giving such bond, will faithfully account for the expenditure of all moneys, he shall receive for said district, and pay over the balance remaining in his hands at the time of the expiration of his office to the other trustees, and the district at any legal meeting thereof, may require the penalty of such bond to be increased, or additional security to be given by either or all the trustees, if they shall deem the same insufficient, and any trustee, treasurer of said district, or member of said board, who shall apply any moneys belonging to said district to his own use shall be deemed guilty of embezzlement. § 17. This act shall take effect immediately.

LODI AND OWEGO.

[Laws of 1846, Chap. 207.]

§ 1. The trustees of school district number one, formed from the towns of Persia and Perrysburgh, in the county of Cattaraugus, and the town of Collins, in the county of Erie, known as the " Lodi Union School District," are hereby authorized, if the inhabitants of said district shall, at any regular school district meeting so direct, to make thereafter, and until the said inhabitants shall in like manner otherwise direct, separate and distinct ratebills, for the payment of the wages of the teachers in the primary and in the higher departments of the school kept in the said district; provided that the manner in which such rate-bills shall be made, shall have been determined by such regular school district meeting aforesaid.

§ 2. The provisions of the preceding section of this act shall also apply to school district number one, in the village of Owego, in the county of Tioga, so far as the same shall be applicable to said district.

NEWTOWN.

[Laws of 1850. Chapter 60.]

AN ACT to establish a free school in district number three in the town of

Newtown.

Passed March 16, 1850, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. School district number three in the town of Newtown, in the county of Queens, shall form a permanent school district, and shall not be subject to alteration by the town superintendent of common schools for the town in which said district is situated.

§ 2. The said district shall be under the direction of a board, to be styled "The Board of Education," which board shall consist of five members, three or more of whom shall constitute a quorum for the transaction of business. John B. Reboul, Daniel R. Remsen, Roe H. Smith, Nathaniel Filbey and Albert O. Wittemore shall compose the first board of education, and shall hold their office from one to five years, that is to say, one shall go out of office in each year, and in the order in which their names stand recorded in this section.

§ 3. At the annual meeting of said district in each year, there shall be elected, for five years, one member of said board of education, who shall be

a resident and taxable inhabitant of said district. Said election, and all other elections provided for by this act, shall be held by three inspectors, who shall be appointed by the board of education at least thirty days preceding such election, and shall be by ballot, and conducted in the same manner as the annual election of village officers.

§ 4. The said board of education may make all necessary by-laws for their government; they shall have the entire control and management of all the common schools within the said district, and all the property belonging to the same; and they shall have and possess within the said district all the rights, powers and authority of town superintendent of common schools, and they shall provide for keeping a school in said district at least six months in each year, and as much longer as may be practicable. They may appoint a collector, with all the powers and duties of a district collector, or may employ the town or village collector for that purpose; and such collector shall collect and pay over the school moneys assessed upon said district, to the treasurer of the board of education, in the same manner and under the same eonditions as is imposed by the laws of the town or village of which he is such collector. They shall require two of the members of said board to visit each school in said district at least once in each week, to render such assistance to the teachers and advice to the pupils as may be necessary, and to see that the regulations are rigidly adhered to.

§ 5. The said board of education are hereby authorized and empowered to raise a sum not exceeding one thousand dollars, by tax on said district, to be levied and collected in the same manner as taxes are authorized by law to be levied and collected in the towns of this state.

§ 6 The said board of education are hereby authorized and directed to levy and collect by tax, in each year, upon all the taxable property and inhabitants, such sum as may be necessary, not exceeding in amount one-fifth of one per cent. on the value of such taxable property, as the same shall be assessed by the assessors of the town of Newtown; and the said board shall add to their warrant for collection of such taxes, such amount as they may deem proper for fees for collection, not exceeding five per cent on the

amount.

§ 7. The town superintendent of common schools of the town of Newtown shall pay over to the treasurer of the board of education all the public moneys to which said district number three shall be entitled, for school pur

poses.

§ 8. The said board of education shall call an annual district meeting at such time in the year as they may think proper, and submit thereto a full report in writing of their doings as such board; and shall state therein the number and condition of the schools in said district, under their charge, and the number of scholars attending the same; the studies pursued; the amount of moneys received from the state, as well as the amount raised in the district for school purposes, and the expenditure of the same, and generally all the particulars relating to the schools in said district; which report may, if the said board think proper, be published in pamphlet form, or in some news paper published in the county.

9. The board of education shall have entire control and charge of the district library; they may employ a librarian, make such additions to the library and such regulations in relation thereto, as they may deem necessary or proper.

§ 10. A school for colored children may be organized as a district school, and be supported as the other schools in said district are under this

act.

§ 11. Whenever the said board of education shall deem it necessary to erect one or more school-houses in said district, they shall submit the plans and estimated cost of such building to the electors of such district, at a special meeting called for that purpose, and if a majority of such electors present shall vote in favor of the same, the said board may proceed to erect said

school-house or houses; and if the sums authorized to be raised by secti five and six of this act shall be insufficient to pay the cost of such building, then the said board may raise an additional sum not exceeding five hundred dollars, to be levied and collected as provided for in sections five and six of this act, to be expended in defraying such cost.

§ 12. The said board of education may call special meetings of said district whenever they may deem it necessary; and whenever a special meeting shall be called, notices of it shall be posted up in five public places in said district, at least one week previous to said meeting; and no business shall be transacted at such meetings except that stated in the notice calling the

same.

13. All laws and parts of laws inconsistent with this act are hereby repealed, so far as they relate to district number three in the town of New. town, county of Queens.

§ 14. This act shall take effect immediately.

66

AN ACT to amend an act entitled, An act to establish a free school in district number three in the town of Newtown," passed March 16, 1850 Passed July 8, 1851, "three-fifths being present.”

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The fifth section of the act entitled "An act to establish a free school in district number three, in the town of Newtown," passed March 16, 1850, is hereby amended so as to read as follows:

§ 5. The said board of education are hereby authorized and empowered to raise a sum not exceeding one thousand dollars, by tax on said district, to be levied and collected in the same manner as taxes are authorized by law to be levied and collected in the towns of this state; and said board of education are also hereby authorized and empowered to raise the sum of three thousand and five hundred dollars by a loan, which sums are to be expended in the erection of a school-house in said district and furniture for the same; such loan to be secured by a bond and a mortgage upon the public school property of said district, which bond and mortgage shall be executed by said board of education in their official capacity, under their hands and a common seal to be provided by them. Said loan shall be paid off in annual instalments of five hundred dollars each, and the first of said instalments shall be paid in three years after the date of said bond and mortgage. Said board is also authorized and empowered to raise such additional sum, from time to time, by tax on said district, to be levied and collected in the same manner as taxes are authorized by law to be levied and collected in towns of this state, as may be necessary to pay the accruing interest on said loan and the said instalments thereof, and also such amount as they may deem proper for fees for collection, not exceeding five per cent, on the amount.

§ 2. The said board of education are hereby authorized to sell and convey the lot of land in Astoria in said district, which has heretofore been occupied as the school lot, and which is situated adjoining St. George Protestant Episcopal Church, and execute a conveyance therefor under their said corporate seal, and invest the proceeds of the sale in the purchase of another lot, or in the completion of said new school-house, as by the said board may be deemed most advisable for the interests of the said district.

§ 8. The words " sections five and six,', wherever they occur in section eleven of the act hereby amended, shall be construed to mean section first of this act and section six of the act hereby amended.

§ 4. This act shall take effect immediately.

CITY AND COUNTY OF NEW YORK.

[Laws of 1851. Chap. 386.]

AN AOT to amend, consolidate and reduce to one act, the various acts relative to the Common Schools of the city of New York.

Passed July 3, 1851, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

OF SCHOOL OFFICERS AND THEIR ELECTION.

§ 1. There shall be two commissioners, two inspectors and five trustees of common schools in each of the wards of the city of New-York, who shall be known as the "school officers" of the ward. At each general election there shall be elected in each ward of said city, one commissioner and one inspecter, whose terms of office shall be two years, and one trustee, whose term of office shall be five years, to commence in each case on the first day of January next succeeding such election. But the terms of office of the school offiars elect, and those now holding office, except those whose terms of office will expire on the first Monday of June next, are hereby extended to the first day of January next after the day on which they would otherwise have expired, respectively, and there shall be no election of schoo officers in 1852. The elections so held shall be subject to the same laws and regulations, in all respects, as those which govern the general elections in said city. The ballots for said school officers shall be endorsed "common schools," and deposited in a separate box to be provided therefor; and the said school officers, before entering upon the duties of their offices, shall severally take and subscribe the oath prescribed by the constitution of the state.

OF THE BOARD OF EDUCATION--ITS POWERS AND DUTIES.

2. The commissioners of common schools, elected as aforesaid, shall constitute a board of education for the city and county of New-York; they shall meet on the second Wednesday of January in each year, for the purpose of organization; and thereafter for the transaction of business as often as they may determine. They shall elect one of their number president and shall appoint a clerk and assistant or assistants, whose compensation shall be fixed and paid by the board.

The board of education shall have power:

1st. To take and hold property, both real and personal, devised or transferred to it, for the purposes of public education in the city of New

York:

2d. To appoint a superintendent of common schools for said city, as hereinafter provided:

3d. On the nomination of the school officers of any ward to fill vacancies in school offices, which may occur in such ward between the general elections:

4th. To establish new schools, as hereinafter provided:

5th. To draw from the moneys which shall be raised for the purposes of public education, such sums as may be required for the purpose of defraying the necessary incidental expenses of the board, and such further sums as may be required for the payment of the salaries of their clerk and assistant or assistants, and of the city superintendent of common schools:

6th. To visit and examine the schools, subject to the provisions of this

act:

7th. To make rules of order and by-laws for the government of the board, its members and committees, and general regulations to secure proper economay and accountability in the expenditure of the school moneys:

8th. And, for the purposes of this act, the said board shall possess the powers and privileges of a corporation.

§ 3. It shall be the duty of the board of education,

1st. On or before the fifteenth day of November in each year, to report to the board of supervisors of the said city and county, an estimate of the amount over and above the sums specified in the fifteenth section of this act, which will be required during the year, for the purpose of meeting the current annual expenses of common school instruction; for erecting, purchasing, leasing and procuring sites for school-houses, and the fitting up and furnishing thereof, and the alterations in, the additions to, and repairs of, the school buildings of the ward schools; for the support of schools which shall have been organized since the last annual apportionment of the school moneys made by the board; for the support of evening schools, not exceeding the sum of fifteen thousand dollars in each year; for the support of the free academy, an annual sum not exceeding twenty thousand dollars; and such further sum or sums as may be necessary for any of the purposes authorized by this act; but the aggregate amount so reported shall not exceed the sum of four dollars for each pupil who shall have actually attended and been taught in the preceding year in the schools entitled to participate in the apportionment:

2d. To apportion all the school moneys which shall have been raised for the purposes of meeting the current annual expenses of public instruction, to each of the schools provided for by this act:

3d. To file with the chamberlain of said city, on or before the first Mon'day of April in each year, a copy of their apportionment, stating the amount apportioned to the ward schools, and to the trustees, managers and directors of the several schools enumerated in this act :

4th. To continue to furnish through the free academy, the benefit of education, gratuitously, to persons who have been pupils in the common schools of the said city and county for a period of time to be regulated by the board of education, not less than one year:

5th. To supervise, manage and govern said free academy, and, from time to time, make all needful rules and regulations therefor; fix the number and compensation of teachers and others to be employed therein; prescribe the preliminary examination, and the terms and conditions on which pupils shall be received and instructed therein and discharged therefrom; direct the course of studies therein, and provide in all things for the good government and management of the said free academy; and purchase the books, apparatus, stationery and other things necessary and expedient to enable the said free academy to be properly and successfully conducted, and to keep the said building or buildings properly repaired and furnished :

f

6th. To appoint annually a standing committee of not less than five persons of their number, who shall, subject to the control, supervision and approbation of the said board, constitute an executive committee for the care government and management of the said free academy, under the rules and regulations prescribed as aforesaid, whose duty it shall be, to make detailed reports to the said board of education, and, among other things, to recommend the rules and regulations which they deem necessary and proper for the said academy. The board of education may, at any regular meeting thereof, by a majority of all the members of said board, remove any or all the members of the said committee. and appoint another person or persons in the place of the member or members of the said committee so removed.

7th. To make and transmit annually on or before the first day of February in each year, to the common council of said city, and also to the secretary to the board of regents of the university of the state of New-York a report signed by the president and clerk of the said board of education, and dated on the first day of January, in the year of its transmission; which report shall state the names and ages of all the pupils instructed in such free academy during the preceding year, and the time that each was