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the original tax list, and ifund to be a true transcript, they shall add to such account a certificate to the effect that they have compared the same with the original tax list and found it to be correct, and shall immediately transmit such account, with the collector's affidavit and their certificate to the treasurer of the county,

No. 111-[23.] Out of any moneys in the county treasury, raised for contingent expenses, the county treasurer shall pay to the trustees of the school district in which such taxes were imposed, the amount thereof so returned as unpaid.

No. 112-[ 24.] Such account, affidavit and certificate shall be laid, by the county treasurer, before the board of supervisors of the county, who shall cause the amount of such unpaid taxes, with seven per cent of the amount in addition thereto, to be levied upon the lands of non-residents on which the same were imposed, and if imposed upon the land of any incorporated company, then upon such company, in the same manner that the contingent charges of the county are directed to be levied and collected, and when collected the same shall be returned to the county treasury to reimburse the amount so advanced, with the expense of collection. No. 113-[§ 25.] Any person whose lands are included in any such account may pay the tax assessed thereon to the county treasurer, at any time before the board of supervisors shall have directed the same to be levied.

No. 114-[ 26.] The same proceedings in all respects shall be had for the collection of the amount so dírected to be raised by the board of supervisors as are provided by law in relation to county taxes; and upon a similar account as in the case of county taxes of the arrears thereof uncollected, being transmitted by the county treasurer to the Comptroller, the same shall be paid on his warrant to the treasurer of the county advancing the same; and the amount so assumed by the state shall be collected for its benefit, in the manner prescribed by law in respect to the arrears of county taxes upon lands of non-residents; or if any part of the amount so assumed consisted of a tax upon any incorporated company, the same proceedings may also be had for the collection thereof as provided by law, in respect to county taxes assessed upon such company. No. 115-[§ 27.] A person working land under a contract for a share of the produce of such land, shall be deemed the possessor, so far as to render him liable to taxation therefor, in the district where such land is situate.(1)

be lawfully assessed and paid by any person, on ac count of any real property, whereof he is only tenant at will, or for three years, or for a less period of time, such tenant may charge the owner of such real estate with the amount of the tax so paid by him, unless some agreement to the contrary shall have been made by such tenant.

No. 122-[11.] It shall be the duty of the trustees of school districts, to procure for the use of their district two bound blank books from time to time, as shall be necessary, in one of which the accounts of all moneys received and paid by the trustees, and a statement of all moveable property belonging to the district, shall be entered at large, and signed by such trustees, at or before each annual meeting in such district. In the other of the said books, the teachers shall enter the names of the scholars attending school, and the number of days they shall have respectively attended, and also the days on which such school shall have been inspected by the deputy superintendent and the town inspectors; which entries shall be verified by the oath or affirmation of the teachers, and shall constitute the list on which rate bills shall be apportioned. The said books shall be preserved by the trustees as the property of the district, and shall be delivered to their successors.(1)

No. 123- 84. Where the necessary fuel for the school of any district shall not be provided, by means of a tax on the inhabitants of the district, it shall be the duty of every person sending a child to the school, to provide his just proportion of such fuel.

No. 124-85. The proportion of fuel which every person sending children to the school, shall be liable to provide, shall be determined by the trustees of the district, according to the number of children sent by each; but such indigent persons as in the judgment of the trustees, shall be unable to provide the same, shall be exempted from such liability.

No. 125-86. If any person liable to provide such fuel, shall omit to provide the same, on notice from any one of such trustees, it shall be the duty of the trustees to furnish such fuel, and to charge the person so in default the value of, or amount paid for, the fuel furnished.

No. 126-87. Such value or amount may be added to the rate-bill of the moneys due for instruction, and may be collected therewith, and in the same manner; or the trustees may sue for and recover the same, in their own names, with costs of suit.

No. 116-77. Every person owning or holding any real property within any school district, who shall im-trict are required or authorized by law, or by vote of prove and occupy the same by his agent or servant, shall, in respect to the liability of such property to taxation, be considered a taxable inhabitant of such district, in the same manner as if he actually resided therein.

No. 127-14.] When the trustees of any school distheir district, to incur any expense for such district, and when any expenses incurred by them, are made by express provision of law a charge upon such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be raised had been voted by a district meeting, and the same shall be collected and paid over in the same manner. (2)

No. 117-79. The valuations of taxable property shall be ascertained, so far as possible, from the last assessment roll of the town; and no person shall be No. 128-88. The warrant annexed to any tax list or entitled to any reduction in the valuation of such pro-rate-bill, shall be under the hands(3) of the trustees, perty, as so ascertained, unless he shall give notice of or a majority of them, and shall command the collec his claim to such reduction, to the trustees of the dis-tor to collect from every person in such tax list or ratetrict, before the tax list shall be made out.

No. 118-80. In every case where such reduction shall be duly claimed, and in every case where the valuation of taxable property cannot be ascertained from the last assessment roll of the town, the trustees shall ascertain the true value of the property to be taxed, from the best evidence in their power, giving notice to the persons interested, and proceeding in the same manner as the town assessors are required by law to proceed, in the valuations of taxable property.

No. 119-81. Every taxable inhabitant of a district, who shall have been, within four years, set off from any other district without his consent, and shall, with in that period, have actually paid in such other district, under a lawful assessment therein, a district tax for building a school-house, shall be exempted by the trus tees of the district where he shall reside, from the payment of any tax for building a school-house therein.

No. 120- 82. Every district tax shall be assessed, and the tax list thereof be made out by the trustees, within one month after the district meeting in which the tax shall have been voted.

No. 121-83. Where any district tax, for the purpose of purchasing a site for a school-house, or for purchasing, or building, keeping in repair, or furnishing such school-house with necessary fuel and appendages, shall

(1) Laws of 1841, chap. 260, § 19 to 27 inclusive, by which original sections 76 and 78 are repealed.

bill named, the sum therein set opposite to his name; and in case any inhabitant shall not pay such sum on demand, to levy the same of his goods and chattels, together with his fees, and to make a return of such warrant within thirty days after the delivery thereof.

No. 129-[ 2.] The warrant annexed to any tax list for the collection of a district tax for erecting or repairing any school house, shall command the collector, in case any person named in such list shall not pay the sum therein set opposite to his name on demand, to levy the same of his goods and chattels in the same manner as on warrants issued by the board of supervisors to the collectors of towns; and such part of the eighty-eighth section of Article five of the aforesaid Title as is repugnant thereto, is hereby repealed.(4)

No. 130-[§ 1. All taxes directed to be raised by the act hereby amended, shall be collected in the manner prescribed in the second section of the act entitled An act to amend the Revised Statutes relating to common schools," passed April 21st, 1831.(5) No. 131-[3] The warrants issued by the trustees of

(1) Laws of 1841, chap. 260, § 11. (2) Ib. § 14.

(3) Provision requiring seals to warrants, struck out, being abrogated by § 29, ch. 260 laws of 1841. See ante No. 105.

(4) Laws of 1831, chap. 206, § 2. (6) Laws of 1832, ch. 317, 1 1.

OF THE STATE OF NEW-YORK.

school districts for the collection of rate-bills, shall have the like force and effect as warrants issued by the boards of supervisors to the collectors of taxes in towns; and the district collectors are hereby authorized to collect the amount due from any person or persons in their respective districts, in the same manner that the collectors are authorized to collect town and county charges. Those parts of the Revised Statutes which are inconsistent with the provisions of this act, are hereby repealed.(1)

No. 130-[ 6.] It shall not be lawful for the trustees of any school district to include in their annual returns, the names of any children who are supported at a county poor-house. (1)

No. 140-[§ 34.] The annual reports of trustees of school districts, of children residing in their district, shall include all over five and under sixteen years of age, who shall, at the date of such report, actually be in the district, composing a part of the family of their parents or guardians, or employers if such parents, No. 132-[28.] Any collector of a school district may guardians, or employers reside at the time in such dis execute any warrant for the collection of a tax or rate-trict, although such residence be temporary, but such bill of said district, in any other district or town, in the same manner and with the like authority as in the district for which he was chosen or appointed.(2)

No. 133-89. If the sum or sums of money, payable by any person named in such tax list or rate bill, shall not be paid by him, or collected by such warrant within the time therein limited, it shall and may be lawful for the trustees to renew such warrant, in respect to such delinquent person; or in case such person shall not reside within their district, at the time of making out a tax list or rate-bill, or shall not reside therein at the expiration of such warrant, and no goods or chattels can be found therein whereon to levy the same; the trustees may sue for and recover the same, in their name of office.

No. 134 13. Whenever the trustees of any school district shall discover any error in a tax list or rate bili made out by them, prior to the expenditure of the amount therein directed to be raised, they may refund any amount improperly collected on such tax list or rate bill, and amend and correct such tax list or rate bill, in conformity to law; and whenever more than one renewal of a warrant for the collection of any tax list or rate bill, may become necessary in any district, the trustees may make such further renewal, with the written approbation of the town superintendent of the town in which the school house of said district shall be located, to be endorsed upon such warrant.(a)

report shall not include children belonging to the
family of any person who shall be an inhabitant of any
other district in this state, in which such children may
by law be included in the reports of its trustees.(2)
No. 141-[§ 35.] All children included in the reports of
the trustees of any new school district shall be entitled
to attend the schools of such district; and whenever it
shall be necessary for the accommodation of the child-
ren in any district, the trustees thereof may hire, tem-
porarily, any room or rooms for the keeping of schools
therein, and the expense thereof shall be a charge on
such district. (2)

No. 142-93. No teacher shall be deemed a qualified teacher, within the meaning of this Title, who shall not have received, and shall not then hold, a certificate of qualification, dated within one year, from the town superintendent of common schools for the town in which he shall be employed, or from the county superintendent as hereinafter provided.

No. 143-94. Where a school district is formed out of two or more adjoining towns, it shall be the duty of the trustess of such district, to make and transmit a report to the town superintendent of common schools, for each of the towns out of which such district shall be formed, within the same time, and in the same manner, as is required by sections ninety-one and ninetytwo of this Title; distinguishing the number of child. ren over the age of five and under sixteen years, resi No. 135-90. If the moneys apportioned to a district ding in each part of a district which shall be in a dif by the town superintendent of common schools, shall ferent town from the other parts, and the number of not have been paid, it shall be the duty of the trustees children taught, and the amount of school moneys reNo. 144-95. Where any neighborhood shall be set thereof, to bring a suit for the recovery of the same,ceived from each part of the district. with interest, against the town superintendent in whose hands the same shall be, or to pursue such other reme-off by itself, the inhabitants of such separate neighbordy for the recovery thereof, as is or shall be given by hood shall annually meet together and choose one truslaw; and the moneys when recovered, shall be applied tee: whose duty it shall be every year, within the time by them in the same manner as if they had been paid limited for making district reports, to make and transmit a report in writing, bearing date on the first day without suit. of January, in the year in which it shall be transmitted town from which such neighborhood shall be set off, to the town superintendent of common schools of the specifying the number of children over the age of five and under sixteen years, residing in such neighborhood, the amount of moneys received from the town superintendent since the date of last report, and the manner in which the same have been expended.

No. 136-91. The trustees of each school district shall, between the first and fifteenth days of January, in every year, make and transmit a report, in writing, to the town superintendent of common schools for such town, dated on the first day of January, in the year in which it shall be transmitted.(b)

No. 137-92. Every such report signed and certified by a majority of the trustees making it, shall be delivered to the town clerk and shall specify,

1. The whole time any school has been kept in their district during the year ending on the day previous to the date of such report, and distinguishing what portion of the time such school has been kept by qualified

teachers:

2. The amount of moneys received from the town superintendent of common schools, during such year, and the manner in which such moneys have been expended:

3. The number of children taught in the district during such year:

4. The number of children residing in the district on the last day of December previous to the making of such report, over the age of five years, and under sixteen years of age, (except Indian children otherwise provided for by law,) and the names of the parents or other persons with whom such children shall respectively reside, and the number of children residing with each.

No. 128-1.] It shall be the duty of trustees of school districts to state in their annual reports, the amount of money paid for teachers' wages in addition to the public money paid therefor, and such other information in relation to the schools and the districts as the superintendent of common schools may from time to require.(3)

(1) Laws of 1835, chap. 308, § 3.
(2) Laws of 1841, chap. 260, § 28.
(a) Laws of 1843, chap. 133, § 13.

(b) Amended by Laws of 1843, chap. 133, § 14.
(3) Laws of 1837, chap. 241, § 1.

No. 145-96. Every trustee of a school district, or separate neighborhood, who shall sign a false report to the town superintendent of common schools of his town, with the intent of causing such town superintendent to apportion and pay to his district or neighborhood, a larger sum than its just proportion of the school moneys of the town, shall for each offence, forfeit the sum of a misdemeanor. twenty-five dollars, and shall also be deemed guilty of

No. 146-12. [Repealed by § 19, act of 1848.]

No. 147-97. All property now vested in the trustces of any school district, for the use of schools in the district, or which may be hereafter transferred to such trustees for that purpose, shall be held by them as a corporation.

No. 148-98. The trustees of each school district shall, on the expiration of their offices, render to their succesa just and true account, in writing, of all moneys resors in office, and to the district, at a district meeting, ceived by them respectively for the use of their district; and of the manner in which the same shall have been expended, which account shall be delivered to the district clerk, and be filed by him.

No. 149-99. Any balance of such moneys, which shall appear from such account to remain in the hands ing the account, shall immedately be paid to some one of the trustees or either of them, at the time of renderor more of their successors in office.

No. 150-100. Every trustee who shall refuse or neglect to render such account, or to pay over any ba

(1) Laws of 1831, chap. 277, § 6.

(2) Law of 1841, chap. 260, § 34 and 35.

lance so found in his hands, shall for each offence, forfeit the sum of twenty-five dollars.

No. 151-101. It shall be the duty of his successors in office to prosecute without delay, in their name of office, for the recovery of such forfeiture; and the moneys recovered shall be applied by them to the use and benefit of their district schools.

No. 152-102. Such successors shall also have the same remedies for the recovery of any unpaid balance in the hands of a former trustee, or his representatives, as are given to the town superintendent of common schools against a former town superintendent and his representatives; and the moneys recovered shall be applied by them to the use of their district, in the same manner as if they had been paid without suit.(1)

No. 153- 103. All bonds or securities, taken by the trustees from the collector of their district, shall, on the expiration of their office, be delivered over by them to their successors in office.

No. 154-104. The collector of each school district shall be allowed five cents on every dollar collected and paid over by him.

No. 155- 105. It shall be his duty to collect and pay over to the trustees of his district, some or one of them, all moneys which he shall be required by warrant to collect, within the time limited in such warraut for its return, and to take the receipt of such trustee or trustees for such payment.

No. 156-§ 106. Every collector of a school district shall, before receiving any warrant for the collection of moneys, execute a bond to the trustees of his district when required by them in their corporate name, with one or more sureties, to be approved by one or more of the trustees, in double the amount of taxes to be collected, conditioned for the due and faithful execution of the duties of his office.

Nos. 161, 162, 163 and 164 annulled by act of 1841, § 38. No. 165-115. It shall be the duty of each county clerk, immediately after the first day of August(1) in every year, in case the town superintendent of common schools of any town in his county shall have neglected to make to him his annual report, to give notice of such neglect to the clerk of the town, who shall immediately notify such town superintendent for the purpose of making his report.

MISCELLANEOUS PROVISIONS.

No. 166-[§ 6.] Town superintendents of common schools, and trustees and clerks of school districts, refusing or wilfully neglecting to make any report, or to perform any other duty required by law, or by regulations or decisions made under the authority of any statute, shall severally forfeit to their town, or to their district, as the case may be, for the use of the common schools therein, the sum of ten dollars for each such neglect or refusal, which penalty shall be sued for and collected by the supervisor of the town, and paid over to the proper officers to be distributed for the benefit of the common schools in the town or district to which such penalty belongs; and when the share of school or library money apportioned to any town or district, or school or any portions thereof, or any money to which a town or district would have been entitled, shall be lost in consequence of any wilful neglect of official duty by any town superintendent of common schools, or trustees or clerks of school districts, the officers guilty of such neglect shall forfeit to the town or district the full amount, with interest, of the moneys so lost; and they shall be jointly and severally liable for the payment of such forfeiture.(2)

No. 167-[33.] In any suit which shall hereafter be commenced against town superintendents of common No. 157-107. If any collector shall not execute schools, or officers of school districts, for any act persuch bond within the time allowed him by the trustees formed by virtue of, or under color of, their offices, or for that purpose, which shall not be less than ten days, for any refusal or omission to perform any duty enjoinhis office shall be vacated; and the trustees may ap-ed by law, and which might have been the subject of an point any other person residing in the district, as col- appeal to the superintendent, no costs shall be allowed lector in his place. to the plaintiff in cases where the court shall certify that it appeared on the trial of the cause that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the superintendent.(3)

No. 158-108. If by the neglect of the collector, any moneys shall be lost to his district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall forfeit to|| his district the full amount of the moneys thus lost, and shall account for and pay over the same to the trustees of his dictrict, in the same manner as if they had been collected.

No. 168-[15.] A school for colored children may be established in any city or town of this state, with the approbation of the comm'rs or town sup't of common schools of such city or town, which shall be under the charge of the trustees of the district in which such school shall be kept; and in places where no school districts exist, or where from any cause it may be expedi

No. 159- 109. For the recovery of all forfeitures, and of balances in the hands of a collector which he shall have neglected to pay over, the trustees of the district may sue in their name of office, and shall be entitled to recover the same with interest and costs;ent, such school may be placed in charge of trustees to and the moneys recovered shall be applied by them in the same manner as if paid without suit.

No. 160- 110. Any person conceiving himself grieved in consequence of any decision made, 1. By any school district meeting:

2. By the town superintendent of common schools, in the forming or altering, or in refusing to form or alter any school district,or in refusing to pay any school moneys to any such district:

3. By the trustees of any district, in paying any teacher, or refusing to pay him, or in refusing to admit any scholar gratuitously into any school:

be appointed by the comm'rs or town sup't of common schools of the town or city, and if there be none, to be ag-appointed by the superintendent. Returns shall be made by the trustees of such schools to the town superintendent of common schools, at the same time and in the same manner as now provided by law in relation to districts; and they shall particularly specify the number of colored children over five and under sixteen years of age, attending such school from different districts, naming such districts respectively, and the number from each. The town superintendent shall apportion and pay over to the trustees of such schools, a portion of the money received by them annually, in the same manner as now provided by law in respect to school districts, allowing to such schools the proper proportion for each child over five and under sixteen years, who shall have been instructed in such school at least four months by a teacher duly licensed, and shall deduct such proportion from the amount that would have been apportioned to the district to which such child belongs; and in his report to the superintendent, the town superintendent shall specially designate the schools for colored children in his town or city.(4)

4. Or concerning any other matter under the present Title: May appeal to the superintendent of the county in which the subject matter of such appeal shall have originated, in the same manner as now provided in relation to appeals to the superintendent of common schools, who is hereby authorized and required to examine and decide the same; and where the district in which the subject matter of such appeal shall have arisen, shall be a joint district, embracing portions of two counties or towns, such appeal shall be brought to the county superintendent of the county or section in which the school-house of such district shall be loca-1 ted. The decision of such county superintendent shall be final and conclusive, unless appealed from to the superintendent of common schools within fifteen days after the service of a copy of such decision upon the parties respectively. And an appeal from the decision of the county superintendent to the superintendent of common schools may be made in fifteen days, as now provided by law in relation to appeals from districts, in such manner and under such regulations as shall be prescribed by the superintendent of common schools. (a)

(1) See ante No. 48.

(2) Amended by laws 1843, ch. 133, § 7.

No. 169 [32.] The superintendent of common schools, from year to year, shall be authorized to subscribe for so many copies of any periodical published at least monthly in this state, exclusively devoted to the cause of education, and not partaking of a sectarian or party character, as shall be sufficient to supply one copy to each organized school district in the state; in which periodical the statutes relating to common schools, passed at the present or any future session of

(1) August substituted for October, by chap. 308, laws of 1835, § 2. (2) Laws of 1839, chap. 330, § 6. (3) Laws of 1841, chap. 260, § 33. (4) Ibid. § 15.

OF THE STATE OF NEW-YORK.

the Legislature, and the general regulations and decisions of the superintendent made pursuant to any law, shall be published gratuitously. The said periodical shall be sent to the clerk of each district, whose duty it shall be to cause each volume to be bound at the expense of the district, and the same shall be preserved in the district library for the use of the district. The expense of such subscription, not exceeding twentyeight hundred dollars annually, shall be paid out of the surplus income arising from the moneys deposited with this state by the United States.(1)

No. 170-9 43.] The superintendent of common schools may cause to be printed a sufficient number of forms of reports by trustees of school districts and town superintendents of common schools, and of lists of pupils attending schools, and cause them to be transmitted to the several county clerks, for the use of those officers and of teachers of schools; and he shall cause! Title second of Chapter fifteen and Part First of the Revised Statutes to be printed, and shall insert therein all acts and parts of acts which have been passed by the legislature, connected with the subjects of the said Title, which are now in force; and where any provisions of the said Title have been altered by subsequent acts, such provisions shall be varied so as to make them conformable to such alteration; but the original numbers of the sections shall be indicated in such mode as he shall judge proper. Copies of the said title so amended shall be transmitted to the town superintendent of common schools, and all other officers charged with the performance of any duty under its provisions, with such explanations and instructions as may be deemed expedient.(2)

PROVISIONS RESPECTING COUNTY SUPERINTEN

DENTS.

No. 171 36.] The board of supervisors in each county of the state shall appoint a county superintendent of common schools for such county; and in those counties in which there shall be more than one hundred and fifty school districts, reckoning two parts of joint districts as one, they may appoint two county superintendents, or one in their discretion; and at all such appointments hereafter made, the board shall divide the county into two convenient districts, designating the person appointed for each district respectively, when there shall be two appointed; but no share of the public money shall hereafter be apportioned to any county in which a county superintendent shall not have been appointed, unless by order of the superintendent of common schools. Such county superintendents shall hold their offices, respectively, for two years, subject to removal by the board of supervisors, on complaint for causes to be stated. A certified copy of every resolution making such appointment shall be transmitted by the clerk of the board of supervisors to the superintendent. Every such county superintendent shall have power, and it shall be his duty,(a)

1. To visit and examine all the schools and school districts committed to his charge as often in each year as may be practicable, having reference to the number of such districts; to notify the town superintendent of common schools of the town of the time appointed to visit the schools in such town, and to invite such town superintendent to visit, with him, the said schools, and with such town superintendents, if they or any of them will attend at such visits, or without their presence, at any time to inquire into all matters relating to the government, course of instruction, books, studies, discipline and conduct of such schools, and the condition of the school-houses, and of the districts generally; and to advise and counsel with the trustees and other officers of school districts in relation to their duties, particularly in relation to the erection of school-houses, and to recommend to such trustees, and the teachers employed by them, the proper studies, discipline and conduct of the schools, the course of instruction to be pursued, and the books of elementary instruction to be used therein:

2. To examine persons offering themselves as candi-
dates for teachers of common schools, and to grant
them certificates of qualification, in such form as shall
be prescribed by the superintendent; which certificates
shall be evidence of the qualification of such teachers,
in every town and district of the county for which such
County superintendent shall be appointed:

3. And generally, by all the means in his power, to pro-
mote sound education, elevate the character and quali-
fications of teachers, improve the means of instruction,
(2) Ibid. § 43.
Laws of 1841, chap. 260, § 32.
Amended by laws of 1843, chap. 133, § 4.

and advance the interests of the schools committed to
his charge.

No. 171 (a)- s. Certificates of qualifications hereaf
ter granted to applicants by county superintendents,
shall either be general, in the form heretofore prescrib
ed under the authority of law, in which case they shall
be valid throughout the district of the county superin-
tendent granting the certificate until annulled; or spe-
cial, in which case the town in which such applicant
certificate shall be in force for a term not exceeding one
shall be authorized to teach shall be specified; and such
year.

9. The consent of the town superintendent shall not
be requisite to the annulling of any certificate of quali-
§ 10. The superintendent of common schools, on the
cation granted by any county superintendent.
such other evidence as may be satisfactory to him, may
recommendation of any county superintendent, or on
grant certificates of qualication under his hand and seal
of office, which shall be evidence that the holder of such
certificate is well qualified in respect to moral charac-
ter, learning and ability, to teach any district school
within this state; which certificate shall be valid until
duly revoked by the superintendent.

(6) § 5. Any county superintendent may be removed
from office by the superintendent of common schools,
whenever in his judgment sufficient cause for such re-
moval exists; and the vacancy thereby occasioned shall
be supplied by appointment under his hand and official
of the county in which such vacancy exists. A copy of
seal, until the next meeting of the board of supervisors
thereof, shall be forwarded to the clerk of the board of
the order making such removal, specifying the causes
first meeting thereafter.
supervisors, to be by him laid before the board at their

No. 172-37.] Any superintendent may at any time was appointed; and in case of a vacancy in the office resign his office to the clerk of the county for which he from any cause, such clerk may fill the vacancy, until the next meeting of the board of supervisors.

No. 173-38.] The county superintendents shall be subject to such general rules and regulations as the su perintendent may from time to time prescribe, and apin the same manner and with the like effect as in cases peals from their acts and decisions may be made to him now provided by law, and they shall make reports anappointed by him, which shall be the same as are now nually to the superintendent at such times as shall be required to be made by county clerks, with such addipurpose, they shall have access to the reports of the tional information as he shall require; and for that town superintendent filed with the county clerk, without charge; and the county clerks shall not be required intendents may be appointed. to make returns in those counties where county super

No. 174-[39] The county superintendents shall each be allowed two dollars for each day necessarily amount of compensation in any one year, shall not exspent in the discharge of their duties; but the whole ceed five hundred dollars for any deputy superintendent, board of supervisors of the county. One equal moiety and the amount shall be audited and certified by the of said amount shall be a county charge upon the counties respectively for which they shall be appointed, and shall be raised and paid in the same manner as other county charges. The remaining moiety shall be paid by the treasurer on the warrant of the comptroller, out of the annual surplus now appropriated to the capital the moneys deposited by the United States.(1) of the common school fund, arising from the income of

No. 174-(e) 6. The moiety of the compensation of the county superintendent of any county payable by the duction to the comptroller of the certificate of the sustate, shall not hereafter be paid, except upon the properintendent of common schools, that the county superpartment, and also made the annual report required by intendent has conformed to the instructions of the delaw.

(d) § 11. The board of supervisors of the several counties, may audit and allow the accounts of the county superintendents of their respective counties, rendered under oath, for postage on their necessary official communications with the inhabitants and officers of the ACTS RELATING TO SCHOOL DISTRICT LIBRARIES. several districts within their jurisdiction. No. 175-[§ 1.] The taxable inhabitants of each school (b) Ib. § 5. district in the state, shall have power when lawfully (a) Laws of 1843, chap. 133, § 8, 9, 10. (1) Laws of 1841, chap 260, 36 to 39 inclusive. (d) Ibid. § 11. (c) Laws of 1843, chap. 133, § 6.

assembled at any district meeting, to lay a tax on the district not exceeding twenty dollars for the first year, for the purchase of a district library, consisting of such books as they shall in their district meeting direct, and such further sum as they may deem necessary for the purchase of a book case. The intention to propose such tax, shall be stated in the notice required to be given for such meeting. No. 176-2.] The taxable inhabitants of each school district shall also have power, when so assembled in any subsequent year, to lay a tax not exceeding ten dollars in any one year, for the purpose of making additions to the district library.

No. 177-93.] The clerk of the district, or such other person as the taxable inhabitants may at their annual meeting designate and appoint by a majority of votes, shall be the librarian of the district, and shall have the care and custody of the library, under such regulations as the inhabitants may adopt for his government.

of the state; which regulations shall be obligatory up. on all persons and officers having charge of such libraries, or using or possessing any of the books thereof. Such fines may be recovered in an action of debt, in the name of the trustees of any such library, of the person on whom they are imposed, except such person be a minor; in which case they may be recovered of the parent or guardian of such minor, unless notice in writing shall have been given by such parent or guardian to the trustees of such library, that they will not be responsible for any books deliverd such minor. And persons with whom minors reside shall be liable in the same manner, and to the same extent, in cases where the parent of such minor does not reside in the district No 183-[ 4.] Any person conceiving himself ag grieved by any act or decision of any trustees of school districts, concerning district school libraries, or the books therein, or the use of such books, or of any librarian, or of any district meeting in relation to their school library, may appeal to the county superintendded by law in relation to common schools.

No. 178-[ 4.] The taxes authorized by this act to be raised, shall be assessed and collected in the same man-ent of common schools, in the same manner as proviner as a tax for building a school-house (1)

No. 179-[§ 4.] The sum of fifty-five thousand dollars shall at the same time be annually distributed to the support of common schools, in like manner and upon the like conditions as the school moneys are now or shall hereafter be distributed, except that the trustees of the several districts shall appropriate the sum received as hereinafter directed.

No. 179 (a) 16. The moneys directed to be distributed to the several school districts of this state, by the fourth section of chapter two hundred and thirty-seven of the laws of eighteen hundred and thirty-eight, shall continue to be applied to the purchase of books for a district library until otherwise directed by law; but whenever the number of volumes in the district library of any district numbering over fifty children between the ages of five and sixteen years, shall exceed one hundred and twenty-five; or of any district numbering fifty children or less, between the said ages, shall exceed one hundred volumes, the inhabitants of the district qualified to vote therein, may, at a special meeting duly notified for that purpose, by a majority of votes, appropriate the whole, or any part of library money belonging to the district for the current year, to the purchase of maps, globes, black-boards, or other scientific apparatus, for the use of the school.

No. 180-[§ 1.] The trustees of every school district shall be trustees of the library of such district; and the property of all books therein, and of the case and other appurtenances thereof, shall be deemed to be vested in such trustees, so as to enable them to maintain any action in relation to the same. It su be their duty to preserve such books and keep them in repair; and the expenses incurred for that purpose may be included in any tax list to be made out by them as trustees of a district, and added to any tax voted by a district meeting, and shall be collected and paid over in the same manner. The librarian of any district library shall be subject to the directions of the trustees thereof, in all matters relating to the preservation of the books and appurtenances of the library, and may be removed from office by them for wilful disobedience of such directions, or for any wilful neglect of duty; and whenever they shall have reason to apprehend the loss of any such books, or their injury, or destruction by his misconduct; and whenever a vacancy shall exist in the office of librarian, the same shall be supplied by the trustees until the next annual meeting of the inhabitants of the district. No. 181-[ 2.] Trustees of school districts shall be liable to their successors for any neglect or omission, in relation to the care and superintendence of district libraries, by which any books therein are lost or injured, to the full amount of such loss or injury in an action on the case, to be brought by such successors in their name of office.

No. 182-[3] A set of general regulations respecting the preservation of school district libraries, the delivery of them by librarians and trustees to their successors in office, the use of them by the inhabitants of the district, the number of volumes to be taken by any one person at any one time or during any term, the periods of their return, the fines and penalties that may imposed by the trustees of such libraries for not return ing, losing or destroying any of the books therein, or for soiling, defacing or injuring them, may be framed by the superintendent of common schools, and printed copies thereof shall be furnished to each school district

(1) Laws of 1835, chap. 80.

(a) Laws of 1843, chap 133, § 16.

No. 184-[ 5.] The legal voters in any two or more adjoining districts may, in such cases as shall be approved by the superintendent of common schools, unite their library moneys and funds as they shall be received or collected, and purchase a joint library for the use of the inhabitants of such districts, which shall be selected by the trustees thereof, or by such persons as they shall designate, and shall be under the charge of a librarian to be appointed by them; and the foregoing provisions of this act shall be applicable to the said joint libraries, except that the property in them shall be deemed to be vested in all the trustees for the time being of the districts so united. And in case any such district shall desire to divide such library, such division shall be made by the trustees of the two districts whose libraries are so united, and in case they cannot agree, then such division shall be made by three disinterested persons to be appointed by the superintendent of common schools.(1)

No. 185-[6] Where by reason of non-compliance with the conditions, prescribed by law, the library money shall be withheld from any school district, the same may be distributed among other districts complying with such conditions, or may be retained and paid subsequently, to the district from which the same was withheld, as shall be directed by the superintendent of common schools, according to the circumstances of the case.(1)

No. 186-[97.] The superintendent of common schools, whenever requested by the trustees of a school district under the directions of the legal voters of such district, may select a library for their use, and cause the same to be delivered to the clerk of the county in which such district is situated, at its expense. He shall transmit a sufficient number of copies of this act, to supply each school district in the state, with forms and instructions for its execution, to the clerks of the respective counties, who shall forward the number directed to each school district in his county to the clerk thereof.(1) COUNTY MAPS.

furnish to each school district in the state, one copy of No. 187-[42.] The superintendent may procure and and where a district consists of parts of two or more a map of the county in which such district is located, counties, then a map of the county in which the school house in such district is situated, the same to be neatly varnished and mounted on rollers, and to contain a tistics of the county, with a statement of the popula brief summary of the geological and topographical station of the several towns according to the last national census. The entire expense of such maps when delivered to the several districts, shall not exceed on the average eighty-eight cents to each district; and the accounts of the superintendent therefor, shall be paid on the warrant of the comptroller out of the moneys appropriated by the act of the 17th April, 1838, for the purchase of district libraries; and the sums so paid of the several counties by the Comptroller.(2) shall be withheld from distribution, to the treasurers are repugnant to, or inconsistent with, the provisions No. 187 (a)- 19. All other such provisions of law as of this act, are hereby repealed; but nothing in this fect any of the local provisions respecting the organiact contained shall be so construed as to impair or af zation and management of schools in any of the incorporated cities or villages or towns of this state.

(1) Laws of 1939, ch. 177.) (2) Ib. 1841, ch. 260, § 42. (a) Laws of 1843, chap. 133, 19

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