ART. 3.—Of the powers and duties of town superintendents of common schools. ART. 4. Of inspection and supervision by town superintend ents. ART. 5. Of the formation and alteration of school districts; the powers of school district inhabitants; of the choice, duties and powers of school district officers; the assessment and collection of school district taxes; the annual reports of trustees; school district libraries. ART. 6. Of certain duties of the county clerk. ARTICLE FIRST. Of the Powers and Duties of the Superintendent of Common Schools, and of the Apportionment of School Moneys. No. 1-8 1. There shall continue to be a superintendent of common schools, whose duty, among other things, it shal. be, to prepare and submit an annual report to the legislature containing, 1. A statement of the condition of the common schools of the state: 2. Estimates and accounts of expenditures of the school moneys: 3. Plans for the improvement and management of the common school fund, and for the better organization of the common schools; and, 4. All such matters relating to his office, and to the common schools, as he shall deem expedient to communicate. No. 2-[41.] The superintendent of common schools may designate and appoint any one of the clerks employed by him to be his general deputy, who may perform all the duties of the superintendent in case of his absence or a vacancy in his office.' No. 3-[$ 8.] The superintendent of common schools may appoint such and so many persons as he shall from time to time deem necessary, to visit and examine into the condition of the common schools in the county where such persons may reside, and report to the superintendent on all such matters relating to the condition of such schools, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to the said visitors for such services. 2 No. 4-[$ 10.] The superintendent of common schools, on such evidence as may be satisfactory to him, may grant certificates of qualification under his hand and seal of office, which shall be evidence that the holder of such certificate is well qualified in respect to moral character, learning and ability, to teach any district school within this state; which certificate shall be valid until duly revoked by the superintendent. ? (1.) Laws of 1841, chap. 260, § 41. (2.) Laws of 1839, chap. 330, §8. (3.) Laws of 1843, chap. 133, §10. No. 5-[§ 7.] Copies of papers deposited or filed in the office of the superintendent of common schools, and all acts and decisions by him, may be authenticated under the seal of the office of secretary of state, and when so authenticated shall be evidence equally, and in like manner as the originals. 4 No. 6-[$2 & 3.] The superintendent shall apportion the school moneys to be annually distributed amongst the several counties of the state, and the share of each county, amongst its respective towns and cities. Such apportionment shall be made among the several towns and cities of the state, according to the ratio of their population respectively, as compared with the population of the whole state, according to the last preceding census. No. 7-[$ 6.] 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 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. No. 8-[$ 2.] There shall hereafter be raised by tax, in each and every year, upon the real and personal estate within this state, the sum of eight hundred thousand dollars, which shall be levied, assessed and collected in the mode prescribed by chapter thirteen, part first, of the revised statutes, relating to the assessment and collection of taxes, and when collected shall be paid over to the respective county treasurers, subject to the order of the state superintendent of common schools. ' No. 9-[$ 3.] The state superintendent of common schools shall ascertain the portion of said sum of eight hundred thousand dollars to be assessed and collected in each of the several counties of this state, by dividing the said sum among the several counties, according to the valuation of real and personal estate therein, as it shall appear by the assessment of the year next preceding the one in which said sum is to be raised, and shall certify to the clerk of each county, before the tenth day of July in each year, the amount to be raised by tax in such county; and it shall be the duty of the several county clerks of this state to deliver to the board of supervisors of their respective counties, a copy of such certificate, on the first day of their annual session, and the board of supervisors of each county shall assess such amount upon the real and personal estate of such county, in the manner provided by law for the assessment and collection of taxes.1 No. 10-[§ 4.] The State superintendent of common schools shall, on or before the first day of January in every year, apportion and divide, or cause to be apportioned and divided, one third of the sum so raised by general tax, and one third of all other (4.) Laws of 1839, chap. 330, § 7. (1.) Laws of 1851, chap. 151, § 1,2. 6 monies appropriated to the support of common schools, among the the several school districts, parts of districts and separate neighborhoods in this state, from which reports shall have been received in accordance with law, in the following manner, viz: to each separate neighborhood, belonging to a school district, in some adjoining state, there shall be apportioned and paid a sum of money equal to thirty three cents for each child in such neighborhood, between the ages of four and twenty-one; but the sum so to be apportioned and paid to any such neighborhood shall in no case exceed the sum of twenty-four dollars, and the remainder of such one-third shall be apportioned and divided equally among the several districts; and the state superintendent of common schools shall by proper regulations and instructions to be prescribed by him, provide for the payment of such monies to the trustees of such separate neighborhoods and school districts. 1 No. 11-[85.] It shall be the duty of the state superintendent of common schools, on or before the first day of January in every year, to apportion and divide the remaining two thirds of the said amount of eight hundred thousand dollars, together with the remaining two-thirds of all other moneys appropriated by the state for the support of common schools, among the several counties, cities and towns of the state, in the mode now prescribed by law for the division and apportionment of the income of the common school funds; and the share of the several towns and wards so apportioned and divided, shall be paid over on and after the first Tuesday of February in each year, to the several town superintendents of common schools, and ward or city officers, entitled by law to receive the same, and shall be apportioned by them among the several school districts and parts of districts in their several towns and wards, according to the number of children between the ages of four and twenty-one years, residing in said districts and parts of districts, as the same shall have appeared from the last annual report of the trustees; but no monies shall be apportioned and paid to any district or part of a district, unless it shall appear from the last annual reports of the trustees that a school has been kept therein for at least six months during the year ending with the date of such report, by a duly qualified teacher, unless by special permission of the state superintendent of common schools; excepting also that the first apportionment of money under this act shall be made to all school districts which were entitled to an apportionment of public money, in the year eighteen hundred and forty-nine. 1 No. 12-[§ 11.] All the monies received or appropriated by the provisions of this act shall be applied to the payment of teachers' wages exclusively. 2 No. 13-[87.] Whenever, in consequence of the division of a town, or the erection of a new town, in any county, the apportion (1) Laws of 1851, chap. 151, § 3, 4. (2.) Laws of 1851, chap. 151, § 11. ment 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 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. No. 14-[88.] The superintendent shall certify each apportionment 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 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. No. 15-[83.] It shall be the duty of the clerk of the board of supervisors in each county in this state, on the last day of December in each year, to transmit to the superintendent of common schools certified copies of all resolutions and proceedings of the board of supervisors, of which he is clerk, passed or had during the preceding year, relating to the raising of any money for school or library purposes, and in case it shall not appear that the amount required by law to be raised for school and library purposes has been directed to be raised during the year by the board of supervisors of any county, the superintendent of common schools and the comptroller may direct that the money appropriated by the state and apportioned to such county, be withheld until the amount that may be deficient shall be raised, or that so much only of the money apportioned to such county be paid to the treasurer thereof, as shall be equal to the amount directed to be raised therein by the supervisors of such county; and in such case the balance so withheld shall be added to the principal of the common school fund. No. 16-[89.] 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 organizations and government of common schools, to be transmitted to the officers required to execute the provisions of this Title throughout the state. No. 17-[810.] He shall cause so many copies of the first six 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. No. 18-[$11.] All moneys reasonably expended by him, in the execution of his duties, shall upon due proof, be allowed to him by the comptroller, and be paid out of the treasury. No. 19-[813.] Whenever any money is paid into the treasury of the State for or on account of the common school fund, it shall be the duty of the comptroller to credit the common school fund with interest on the sum so paid in, at the rate of six per cent per annum, for the time the same shall remain in the Treasury.1 ARTICLE SECOND. Of the distribution of the Common School Fund. No. 20-[§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. No. 21-[S13.] The treasurer of each county, and the chamberlain of the city of New York, shall apply for and receive the school moneys apportioned to their respective counties, as soon as the same become payable. No. 22-[$14.] Each treasurer receiving such moneys, shall give notice in writing, to the town superintendent or to some one or more of the commissioners 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 town superintendent or commissioners. No. 23-[$15.] In case the commissioners or town superintendent of any such city or town shall not apply for and receive such moneys, or in case there are no commissioners or town superintendent appointed in the same, before the next receipt of moneys apportioned to the county, the moneys so remaining with the treasurer shall be retained by him, and be added to the moneys next received by him, for distribution from the superintendent of common schools, and be distributed therewith, and in the same proportion. No. 24-[816.] Whenever the clerk of any county shall receive from the superintendent of common schools notice of the apportionment of moneys to be distributed in the county, he shall file the same in his office, and transmit a certified copy thereof to the county treasurer, and to the clerk of the board of supervisors of the county; and the clerk of the board of supervisors shall lay such copy before the supervisors at their next meeting. Of the Election and Powers of Town Superintendents. No. 25-[81.] There shall continue to be elected in each of the towns in this State, at the same time, and in the manner now provided by law for the election of other town officers, an 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.3 Laws of 1849, chap. 382, § 13. This and the following sections, except where altered by subsequent enactments, were taken from the act chapter 480 of Laws of 1847. |