§ 7. It shall be the duty of the board of education to make to the trustees of the village of Poughkeepsie, who shall cause it to be published in at least two papers of the said village, an annual report, on or before the first Tuesday in February of each year, setting forth the number and condition of each school under their charge, and a detail of all the expenses during the past year, and all other particulars relating to the schools.

§ 8. In their annual report, the said board of education shall fix and determine, and certify the amount of money which, when added to the money annually apportioned to the said corporation, out of the funds belonging to the state, shall be necessary to support all the schools under their superintendence. The said amount shall in no case exceed four times the amount which shall have been apportioned out of the funds belonging to the state as aforesaid, for the year next preceding.

§ 9. On the day of the annual charter election of said village, the trus‣ tees shall state to the citizens the amount recommended by the board of education to be raised for the support of schools for the ensuing year, and the electors may vote the sum reported by said board, or any other amount they shall deem proper, not inconsistent with the preceding section.

§ 10. The trustees of said 'village shall annually levy and raise the amount of money so voted, at the same time and in the same manner as the other general taxes of the said village are levied and raised; and a separate column shall be provided in the general assessment rolls of the said village, in which shall be inserted by the village trustees the amount of tax assessed for the support of common schools.

§ 11. All moneys levied and raised for the support of common schools, together with the public moneys received from the state, shall be paid to the treasurer of the village of Poughkeepsie, and shall be kept by him in the same manner as other moneys of said village are kept, and shall be paid out by said treasurer from time to time, upon the resolution of the board of ed ucation, duly certified by the clerk thereof, and not otherwise.

§ 12. Whenever the said board of education shall deem an additional school-house necessary, they shall mention the same in their annual report, together with the location they propose for it, the cost of a lot for the building, a plan of the building and an estimate of the cost of it. And the electors of the village, at the annual election on the first Tuesday of June for four mem bers of the board of education, as is herein before provided for, shall vote by ballot for or against the erection of said school-house, under such regulations for conducting the election as the trustees of the village shall prescribe; and it shall not be lawful to erect said school-house until a majority of electors voting at such election shall decide in favor of it; and the cost of building and furnishing of said school-house shall in no case exceed the sum of three thousand dollars..

1

§ 13. Whenever the electors shall decide in favor of the erection of an additional school-house, it shall be the duty of the trustees of the village of Poughkeepsie to borrow on the bond of the village, at a rate of interest not exceeding seven per cent. per annum, the sum of three thousand dollars, for the erection of said school-house; but no part of said loan shall be payable in a less term than twelve years and then to be payable in equal annual instalments of five hundred dollars each. And all the loans authorized by this act, for the purchase of sites and erection of school-houses, shall not exceed the sum of twelve thousand dollars.

§ 14. The trustees of said village are hereby authorized to raise by tax upon the real and personal property of said village, in the same manner as the general taxes of said village are levied and collected, the annual interest of the above mentioned loan or loans, and to pay over the same in discharge of such interest; and also in each year in which an instalment of the above loan or loans shall become due, to raise, levy and collect, in the same manner, a sum equal to that instalment, and to pay over the same in discharge thereof.

§ 15. The said board of education, in addition to the powers and duties prescribed by this act, shall perform all the duties, and shall have and possess all the rights, powers and authority of commissioners of common schools in the several towns of this state, which shall not conflict with the provisions of this law.

§ 16. The said board of education shall have power to establish and cause to be kept, a school or schools in said village for the instruction of colored children.

§ 17. The said board of education, in addition to performing all the duties of commissioners of common schools, shall require three of their number to visit each school once a week, and render such assistance to the teacher and advice to the pupils as may be expedient.

§ 18. The said board of education shall make by-laws to regulate their proceedings, and shall have the entire control and management of all the common schools of the village, and the property connected therewith.

§ 19. The said board of education shall annually report to the commissioners of the town of Poughkeepsie, the number of children over the ages of five and under sixteen years, in said district.

20. The commissioners of common schools of the town of Poughkeepsie shall pay over to the treasurer of said village the amount of the public money that said village is entitled to receive from the State.

§ 21. The said board of education shall have control of the district library, shall employ a librarian, and shall, from time to time, make such regulations respecting it as they shall deem necessary.

§ 22. The services of the board of education, designated by this act, shall be gratuitous, and any person elected a member of said board who shall refuse to serve, shall be liable to a penalty of twenty-five dollars, to be sued for and recovered by the trustees of the village, and the money to be applied to the purposes of education.

§ 23. The present Lancaster school may, with the consent of the trustees thereof and not otherwise, constitute one of the common schools in said village, and shall be conducted and supported as other schools under this act.

§ 24. All previous acts relating to common schools in the village of Poughkeepsie, conflicting with this act, shall be, and are, hereby repeal

ed.

§ 25. This act shall not take effect unless approved by a majority of the legal voters of the village of Poughkeepsie, at a special election to be called for that purpose by the trustees of the village, within thirty days after the passage of this act, public notice of which shall be given in all the village papers, and by hand-bills, for at least one week before holding the election. The electors shall vote by ballot, the ballots having written or printed upon them the words "for free schools," or against free schools;', and the election shall be conducted as the trustees of said village may prescribe, and they shall certify the result thereof; and if a majority of the said ballots shall be "for free schools," then this act shall take effect immediately.

ROCHESTER.

[Chap. 262, laws of 1850, as amended by chap. 389, laws of 1851.]

By § 9 of Title II, two Commissioners of Common Schools are required to be annually elected in each ward, on the first Tuesday in March.

'For the election of commissioners of common schools the electors of each ward shall deposit their ballots, containing the name of one person designated for the office; the two persons having the highest number of votes shall be declared to be elected; no ballot which contains more than one name shall be counted" § 17. By § 30. in case a vacancy shall occur in the office, "the Common Council may, in their discretion, fill such vacancy, by the ap

*

pointment of a suitable person who is an elector, and if appointed for a ward or district, who is a resident of the ward or district for which he shall be appointed; and any officer appointed to fill a vacancy, if the office is elective, shall hold by virtue of such appointment, only until the first Monday of April next succeeding. If an elective officer whose office shall have become vacant, was one of a class, a successor for the unexpired term shall be elected at the next annual election."

By $ 32 every person so elected or appointed to the office of commissioner, shall, before he enters on the duties of his office, and within five days after being notified of such election or appointment, take the oath of office prescribed by the constitution of the State, before some officer authorized to take affidavits to be read in courts of justice, and file the same with the clerk of the city; and by § 34 his neglect to do so, or if required by the common council, to execute an official bond or undertaking, the neglect to execute and file the same in manner and within the time prescribed by the common council, shall be deemed a refusal to serve.

TITLE VI-SCHOOLS AND BOARD OF EDUCATION.

§ 161. The several wards of the city of Rochester shall constitute one school district, for all purposes except as herein otherwise provided, and the schools therein shall be free to all children between the ages of five and sixteen [twenty one] residing in such wards.

§ 162. The titles of the school houses, sites, lots, furniture, books, apparatus and appurtenances, and all other school property in this act mentioned, shall, within three months from the passage of this act, be transferred and conveyed by the trustees of the several school districts in the said city, to the said city of Rochester.

§ 163. The several school districts now in the city of Rochester shall, within three months from the passage of this act, deliver over to and place in the care of the board of education hereinafter mentioned, all school district records, account books, vouchers, contracts, papers and other school property; and the said school officers of the said city and the several school districts thereof shall continue in office until the unfinished business of said districts shall have been finally closed up and settled, not exceeding three months after the passage of this act, with all the power and duties now by law imposed upon them for the purpose of closing such unfinished business.

§ 164. The common council of said city may, upon the recommendation of the board of education hereinafter mentioned, sell any of the school houses, lots or sites, or any other school property now or hereafter belonging to said city, upon such terms as the said common council may deem reasonable. The proceeds of all such sales shall be paid to the city treasurer of the city, and shall be by the said common council again expended in the purchase, repairs or improvements of other school houses, lots, sites or school furniture, apparatus or appurtenances.

§ 165. The commissioners of common schools in said city shall constitute a board to be styled the "Board of Education of the city of Rochester," which shall be a corporate body in relation to all the powers and duties conferred upon them by virtue of this act; they shall meet on the first Monday of each and every month, and as much oftener as they shall from time to time appoint; a majority of the said board shall constitute a quorum for the transaction of business. The said board shall appoint one of their number president, who shall, when present, preside at all the meetings of said board, and shall have power to call special meetings of the board, in the manner described by this act for the calling of special meetings of the common council. In the absence of the president, the board shall appoint some other member to preside at such meetings and perform the duties of the president. No member of said board of education shall, during the period for which he was elected, be appointed to, or be competent to hold any office of which the emoluments are paid from the city treasury, or paid by fees directed to be paid by any act or

ordinance of the board of education, or be directly or indirectly interested in any contract, as principal, surety, or otherwise, the expenses or consideration whereof are to be paid under any ordinance of the board of education.

§ 166. The said commissioners shall annually appoint a city superintendent of common schools, who shall hold his office during the pleasure of the board, and whose compensation shall be fixed by the said board; the said su perintendent shall officiate as clerk of the board, and shall keep a record of the proceedings of the board, and perform such other duties as the board may prescribe. The said record or a transcript thereof, certified by the president and clerk, shall be received in all courts as prima facie evidence of facts therein set forth; and such records and all the books, a counts, vouchers and papers of said board shall at all times be subject to the inspection of the common council and of any committee thereof.

§ 167. The common council of said city shall have the power, and it shall be their duty to raise from time to time, by tax to be levied equally upon all the real and personal estate in said city which shall be liable to taxation for the ordinary city taxes or for city or county charges, such sum or sums of money as may be necessary or proper for any or all the following purposes: 1. To purchase, lease or improve sites for school houses.

2. To build, purchase, lease, enlarge, improve, alter and repair school houses and their out-houses and appurtenances.

3. To purchase, improve, exchange and repair school apparatus, books, furniture and appendages,

4. To procure fuel and defray the contingent expenses of the common schools.

5. To pay the wages of teachers due after the application of the public moneys which may by law be appropriated and provided for that purpose: provided, nevertheless, that the tax to be levied as aforesaid and collected by virtue of this act, shall be collected at the same time and in the same manner as other city taxes.

6. And the amount to be raised for teachers' wages and contingent expenses, in any one year, shall not be less than four nor more than five times the amount appropriated to said city from the common school fund of the State during the previous year. Nor shall the amount to be raised in any one year, to lease, alter, improve and repair school houses and their out-houses and ap purtenances, exceed three thousand dollars. Nor shall the amount to be raised in any one year to purchase and improve sites, and build or enlarge school houses, exceed three thousand five hundred dollars each; and the common council of said city are authorized and directed, when necessary, to raise by loan, in anticipation of the taxes, the moneys so to be raised, collected and levied as aforesaid.

$ 168. All moneys to be raised pursuant to the provisions of this act, and all school moneys by law appropriated to, or provided for said city, shall be paid to the city treasurer thereof, who, together with their sureties upon his official bond, shall be accountable therefor in the same manner as for other moneys of said city. The said city treasurer shall be liable to the same penalties for any official misconduct in relation to the said similar misconduct in relation to other moneys of said city. § 169. The said "board" shall have power, and it shall be their duty, 1. To establish and organize in the several wards of said city such and so many schools (including the common schools now existing therein) as they shall deem requisite and expedient, and to alter and discontinue the same.

moneys, as for any

2. To hire school houses and rooms and improve them as they may deem proper.

3. To alter, enlarge, and improve and repair school houses and appurtenances as they may deem advisable.

4. To purchase, exchange, improve and repair school apparatus, forniture and appendages, and to defray their contingent expenses.

5. To have the custody and safe keeping of the school houses, out-houses, fences, books, furniture and appendages, and to see that the ordinances of the common counncil in relation thereto be observed.

6. To contract with, license and employ all teachers in said schools and at their pleasure to remove them.

7. To pay the wages of such teachers out of the moneys appropriated and provided by law for the support of schools in said city, so far as the same shall be sufficient, and the residue thereof from the money authorised to be raised for that purpose by section 167 of this act, by tax upon said city.

8. To defray the necessary contingent expenses of the board including an annual salary to the superintendent.

9. To have in all respects the superintendence, supervision and management of the common schools in said city, and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, government, visitation and instruction, for the reception of pupils and their transfer from one school to another, and generally for the promotion of their good order, prosperity, and public utility.

10. Whenever, in the opinion of the board may be advisable to sell any of the school houses, lots, or sites, or any of the school property now or here-. after belonging to the city, to report the same to the common council.

11. To prepare and report to the common council such ordinances and re gulations as may be necessary or proper for the protection, safe keeping, care and preservation of school houses, lots, and sites and appurtenances, and all the property belonging to the city connected with, or appertaining to the schools, and to suggest proper penalties for the violation of such ordinances and regulations; and annually on or before the first day of September on each year to determine and certify to said common council, the sums in their opinion necessary or proper to be raised under the 167th section of this act, specifying the sums required (for the year commencing on the first Monday of April thereafter) for each of the purposes therein mentioned and the reasons there

for.

12. Between the first day of January and the fifteenth day of January in each year, to make and transmit to the county clerk or such other officer as may be designated by law, a report in writing, bearing date the first day of January in the year of its transmission, and stating:

1. The number of school houses in said city, and an account and description of all of the common schools kept in said city during the preceding year, and the time they have severally been taught.

2. The number of children taught in said schools respectively, and the number of children over the age of five [four] years, and under the age of sixteen [21] years residing in said city on the last day of December previous.

3. The whole amount of school moneys received by the city treasurer of said city during the year preceding, distinguishing the amount received from the county treasurer from the city tax, and from any other source.

4. The manner in which such moneys had been expended, and whether any and what part remains unexpended and for what cause.

5. The amount of money received for tuition fees from foreign pupils during the year, and the amount paid for teachers' wages in addition to the public moneys, with such other information relating to the common schools of said city, as may from time to time be required by the state superintendent of common schools.

§ 170. The said board of education shall have power to allow the children of persons not resident within the city to attend any of the schools of said city under the care and control of said board, upon such terms as said board shall by resolution prescribe, fixing the tuition which shall be paid therefor.

§ 171. It shall be the duty of said board in all their expenditures and contracts to have reference to the amount of moneys which shall be subject to their order during the then current year, for the particular expenditure in question, and not to exceed that amount, and they shall apply the moneys levied, raised and received by them for the support of common schools in said city, in