INSTRUCTIONS

Concerning the Duties of the various County, Town and District Officers, and of the Inhabitants of Districts, under the Laws relating to Common Schools.

It is understood that in some counties this duty is not performed by the board, but that the clerk, or each su pervisor for his town, adds to the assessment roll the requisite sums. This practice is entirely unauthorized, and may occasion serious questions respecting the legality of the assessment. There should be a formal resolution entered on the minutes, in a form similar to the following.

these officers must necessarily exercise upon the various interests connected with the common schools, will, doubtless, induce corresponding caution and deliberation on the part of the respective boards of supervisors, in making these appointments. The highest standard of qualification should be required; and all other considerations than those appertaining to the permanent welfare and prosperity of the schools should be disregarded. Such superintendents are to hold their office for two years, subject to removal by the board of supervisors, on complaint, for causes to be stated. They are to be allowed two dollars for each day necessarily spent in the discharge of their duties; the whole amount of compensation not to exceed five hundred dollars for each deputy superintendent; and the amount is to be audited and certified by the board.

They are also subject to removal from office by the Resolved, That there be raised, levied and collected Superintendent of common schools, "whenever in his on the several towns of this county, the sums follow-judgment sufficient cause for such removal exists; and the vacancy thereby occasioned, shall be supplied by ing, set opposite to the name of each town, for the support of common schools therein, during the ensuing appointment under his hand and official seal until the year; the said sums being equal to those apportioned in which such vacancy exists. next meeting of the board of supervisors of the county to the said towns respectively, by the Superintendent making such removal, specifying the causes thereof, A copy of the order shall be forwarded to the clerk of the board of supervisors, to be by him laid before the board at their first meeting."

of common schools from the income of the common school fund, and the means provided for that purpose; and that the said sums be added to the amounts directed to be raised on such towns for other purposes, and be included in their respective assessment rolls.

CLERKS OF BOARDS OF SUPERVISORS. By No. 23 of the Laws respecting common schools, they are to transmit on the last day of December in each year, copies of the resolutions and proceedings of their boards respecting the raising of money for library or school purposes; and particularly the amount directed to be raised in each town. An omission to furnish the evidence of a full compliance with the law may subject a county to serious loss. The resolutions and proceedings referred to will all have been passed before the first day of December in each year, so that there can be no excuse for a neglect to transmit the required copies before the last day of that month.

In counties where à larger sum is directed by law to be raised upon certain cities, as upon Albany, Brooklyn, Buffalo, Rochester, &c. the resolution will be varied accordingly, by adding "and that there be raised, levied and collected on the city of for the same purpose, the sum of in pursuance of the several statutes of the Legislature," ["and in conformity to the resolutions of the common council of said city," in cases where such resolutions are required.] Where the electors of any town at their annual meeting have voted to raise a sum of money on their town for the support of common schools, under the third subdivision of original section five, [ 6 in the second edition] of Title 2, Chap. 11, Part first of the Revised Statutes, it is important that this sum should be kept distinct from that directed to be raised by the board of supervisors under original section 17, of the revised school act, No. 19 of Laws. Otherwise it will not appear whether the county has raised the sum required by law. It is recommended, therefore, that the resolutions of the board of supervisors, directing the raising of the school money voted by a town, be entered separately from that directing the levying of the amount re-report, or to perform any other duty required by law quired by law to be raised on such town; and that their warrant to the collector specify the sum voted by the town separately as having been so voted, and direct it to be paid to the commissioners of common schools of

the town.

By 24 and 26, of the act of 1941, (No. 112 and 114,) the board of supervisors are directed to cause the amount of unpaid taxes on non-resident, unimproved and unoccupied lands, returned to the trustees of the several school districts, and advanced by the county treasurer, together with seven per cent in addition thereto, to be levied upon the lands of non-residents, liable to pay the same, and the same proceedings in all respects, are to be had for the collection of the amount so directed to be raised, as are provided by law in relation to county taxes.

By 36 of the act of 1841, (No. 171,) they are also required to forward to the Superintendent a certified copy of every resolution of the board, appointing superintendents for their county.

SUPER VISORS OF TOWNS.

By No. 166 of the Laws, they are to sue for and collect the penalty of ten dollars imposed by that section upon town superintendents and clerks of school districts, for refusing or wilfully neglecting to make any or by regulations or decisions made under the authority of any statute. The "regulations" referred to are those which the Superintendent is authorized to prescribe by (No. 11); also those which by chap. 241 of Laws of 1837, he may prescribe for the purpose of obtaining information from trustees of school districts and commissioners of common schools, on any subject relating to schools, which he may require (No. 36); and those also, which by the act respecting schoo! district libra ries," passed April 15, 1839, he may make respecting the preservation and use of the books. (No. 182.) The decisions referred to, are those which the Superintendent is authorized to make, on appeal to him, under section 124, of the Title of the Revised Statutes, concerning common schools, concerning any matter under the said Title, (No. 160 and 161,) and also those which the same officer is authorized to make on appeal, under the 4th section of the "act respecting school district libra

By 36 of the act of 1841, (No. 71,) in connection with 4, of the act of 1843, the Board of Supervisors of each county are required to appoint a county super-ries." (No. 183.) intendent of common schools; and in those counties where there are more than one hundred and fifty school districts, they are authorized to appoint two; in which case they are to "divide the county into two convenient districts, designating the person appointed for each district respectively." No share of the public money can, without the express order of the superintendent of common schools, be apportioned to any county in which no county superintendent shall have been appointed under these provisions.

The importance of the duties confided by law to the county superintendents, and the great influence which

The success of the schools and of the libraries will depend much on the faithful discharge of the duty thus imposed on supervisors. While it is not to be presumed that they will seek slight and trivial occasions to commence prosecutions, it is at the same time expectted, that they will not suffer any instance of wilful neg lect or perverse refusal to perform any duty enjoined by law, or by the regulations or decisions of the Superintendent, to pass without applying the remedy. This is peculiarly a case, where lenity to an offender is injustice to the dearest interests of the public. Officers charged with the sacred trust of superintending the ed

They are to apply to the Comptroller and Treasurer By § 3 of the act of 1843, it is provided that in the on the first day of February in each year for the school erection or alteration of any school district, the trus moneys apportioned by the Superintendent to their re-tees of any district to be affected thereby, may apply spective counties. The amount they will ascertain from the copy which the county clerk is required by law to furnish them, of the notice of apportionment transmitted to him.

perintendent and his associates, that too much care can- 3. Form of Notice to Trustees not giving their consent to not be taken to insure their regular entry by the town clerk in his book of minutes. Their resolutions are valid, although not recorded, and thus the legality of proceedings by trustees and inhabitants of school districts may be affected without their knowledge. It is therefore earnestly recommended to these officers to require from the town clerk the performance of the duty enjoined on him by law, of attending all their meetings; and in no case to adjourn without personally examining the minutes of their proceedings as entered in the book kept for that purpose. In no other way can their preservation be secured, or their accuracy insured.

an alteration of their District. The Trustees of District No. 1, in the town of Trenton will take notice, that an order was made this day by the town superintendent of common schools of the said town, of which the following is a copy, by which certain alterations in the said district are made as will appear by the said order; and that such alterations will take effect after three months from the service of this notice. Dated, &c. G. H., Town Superintendent of Common Schools of the town of Trenton. [Here insert copy of order of town superintendent.] This notice may be served on any one of the trustees; and it will be found useful to have an acknowledgment

I. Proceedings in the formation or altera- of the service by the trustee receiving the notice, en

tion of school districts.

As it is presumed that the present arrangement of school districts comprises all the territory of the State, required to be thus organized, the future formation of districts will necessarily interfere with those already existing; and consequently the provisions of law relating to the alterations of districts will be applicable to such proceedings.

In exercising the discretion vested in them on this subject, it is recommended to the town superintendents to ascertain and consult, as far as possible, the opinions and wishes of the inhabitants of the districts interested. The success of the system depends so much upon the hearty concurrence of the people, that it is often better to yield an abstract rule, in order to produce unanimity, than by a rigid adherence to what may be in itself proper, produce discord and dissension. The good sense of a district may be relied upon, to perceive ultimately its true interest, and the loss of time in attaining the desired end, is unimportant when compared with the consequences of defeating the wishes of a decided majority in a district These remarks of course are not applicable to those clear and manifest cases where great principles are involved, or where the vital interests of a district may be endangered by measures which although, temporarily popular, are sure to be ultimately regretted.

1. Form of a resolution creating a New District. At a meeting, &c.

Resolved, That a new school district be formed to consist of [the present Districts No. 1 and No. 2; or the present District No. 1 and a part of District No. 2; or parts of Districts No. 1 and No. 2, as the case may be,] which said new district shall be numbered [23,] and shall be bounded as follows: [on the north by the north line of the town of Trenton: on the east by the easterly line of the farms and lots of land now occupied by Thomas Jones, William Thomas, &c.; on the south by the south line of lots No. 56, 57 and 59, as designated on the map of said town; and on the west by the westerly line of the farms and lots now occupied by A, B, C, D, &c.]

dorsed on a copy of it, and filed with the town clerk.
4. Notice of the First Meeting in a District, to organize.
This is required by law to be given within twenty
days after the formation of any district. If the consent
of the trustees of the districts interested has been given
to the alterations covered by the order, then the notice
should be for a day as early as may allow sufficient
time for general information. But if it be necessary to
give notice of the alteration to the trustees of any dis-
trict, then the notice for the first meeting should speci-
fy a day subsequent to the expiration of three months
after service of the notice of alteration, because the dis-
trict cannot organize until after that time.

To

The notice may be in the following form:

-, a taxable inhabitant of District No. 23, in the town of Trenton. The town superintendent of common schools of the town of Trenton, having by an order, of which the following is a copy, formed a new district in the said town, to be numbered 23, consisting of the territory particu larly specified in the said order; you are hereby requir ed to notify every inhabitant of the said district qualifi ed to vote at district meetings, to attend the first district meeting of the said district, which is hereby appointed to be held at the house of town, on the

in the said

day of next, at 6 o'clock in the afternoon, by reading this notice in the hearing of each such inhabitant, or in case of his absence from home, by leaving a copy of this notice, or of so much thereof as relates to the time and place of such meeting, at least six days before the said time so appointed for the said meeting. Dated, &c. A. B., Town Superintendent of Common Schools of the town of Trenton.

A copy of the order forming the district should be annexed to this notice, as the most convenient mode of describing the district, and most likely to prevent er

rors.

The inhabitant serving the notice should keep a memorandum of the names of the persons notified by him, specifying the manner of notifying, whether by reading or leaving a copy, or the substance of the notice, at the place of abode of any absent voter; and this memorandum, certified by him, should be delivered to the chairman or clerk of the district meeting and read, that it may be ascertained whether notice has been duly given so as to justify the voters in proceeding to the transaction of business; and the original notice and return should be filed with the district clerk, as evidence of the

The formation of the aforesaid district, involving an alteration of District No. [1 and No. 2,] the consent of the Trustees of the said districts to such alteration has been presented to the town superintendent, and filed with the town clerk. [Or, if such consent has not been given, the following entry should be made: The formation of the aforesaid district, involving an alteration of Dis-regularity of the organization. tricts No. 1 and 2, and the consent of the Trustees of District No. 1 to such alteration not having been given, it is ordered that a notice in writing of the said alteration, signed by the town superintendent be served on one of the Trustees of the said district, by the Clerk of the town superintendent.]

2. The consent of the trustees of the altered district may be given by endorsing it on a copy of the order, as follows:

We hereby consent to the alterations made in District No. 1, in the town of Trenton, by the order of which the within is a copy. Dated, &c.

A. B. Trustees of District

C. D.

No. 1.

E F. This consent, like all other acts of trustees, should be given at a meeting of the whole, or of a majority, when all have been notified to attend. not require it to be in writing; but it is advisable to prevent disputes, that a written consent should be filed with the town clerk.

The statute does

5. If either of the districts from which a new one is formed, is possessed of a school-house, or entitled to any other property, as the inhabitants attached to the new district ought to participate in what has been thus acquired by their contribution, the town superintendent is required, by sections 67 and 68 of the Revised Statutes, (Nos. 92 and 93,) to ascertain the amount justly due to such new district, on account of such property. It will be seen that the statute contemplates the indebtedness as being in all cases to the new district, and never from it: and this must necessarily be the case. For if a school-house should happen to fall within the bounds of the new district, still it belongs to the district by which it was erected, and is to be sold by its trustees. See No. 88, (sec. 4, chap. 309, laws of 1935.) The books in the district library, and all other personal property, are to be appraised in like manner, as there is no authority for making any partition among the districts.

Having ascertained the value of the common property, the debts owing by the old district are to be deducted; and of the balance remaining, the portion belonging to each district is to be determined according

to the taxable property of the inhabitants remaining in
the old, and those attached to the new district. The
valuations of such property must be taken, as far as
possible, from the last assessment roll of the town.
The amount to which the new district is entitled, viz.
the proportion of the inhabitants attached to it, hav.
ing thus been ascertained, the town superintendent is to
make out an order to the trustees of the districts re-
taining or having the legal title to the school-house and
other property, which may be in the following form:-
To the Trustees of District No. in the town of
The Town Superintendent of Common Schools of
said town, having formed a new district, numbered as
District No. 23, to which certain persons belonging to
your district have been attached, and having valued
the school-house and other property belonging to your
district at 150 dollars, I do determine that the amount
justly due to such new district is fifty dollars appor-
tioned to the several persons set off, as follows: To A.
B. 20 dollars, C. D. 15 dollars, E. F. 10 dollars, G. H. 5
You are therefore, according to the statute relating
to common schools, to levy and collect the sum of fifty
dollars, from the taxable inhabitants remaining in Dis-
trict No. after the alteration alluded to, and pay the
same to the Trustees of said new District No. 23
Given under our hands at this day of
A. B. Town Superintendent.

dollars.

18

In the above form, it will be seen that the new bound. aries of the districts, caused by the alteration, are given This is deemed very necessary in order to prevent all mistake or ambiguity, and to preserve a continual record of the actual bounds of the districts. If any of the persons set off consent to the alteration, it should be stated, so that the trustees may know whether he is taxable for building a school-house.

The consent of trustees to the alteration, and in case of their not consenting, the notices to them, will be as before given under the 2nd and 3d heads.

S. Proceedings in the formation or alteration of a Joint
District from two or more towns.

A meeting of the town superintendents, &c., of the different towns must be called, by a notice given to each a reasonable time before the day appointed. From the language of section 65, (No. 84,) it may be inferred that the notice should be given by the town superintendent of one town. At all events, that will be the safest course. If the town superintendent of one town, notified to attend a joint meeting, for the purpose of altering such district, shall refuse or neglect to attend, the town superintendent attending may call a special meeting of the inhabitants of the district, who may dissolve such district. This is a special case, and a special provision is made for it.

The proceedings in the formation of a joint district will be in all respects similar to those previously given in relation to ordinary cases, with the following additions:

As there is no clerk assigned by law to the joint meeting, the officers present should sign the proceedings. The caption should give the names of the towns to which the town superintendents belong; and the resolutions should be recorded in each of those towns. [The Instructions, &c. will be continued in the next No. of the Journal.]

TO COUNTY SUPERINTENDENTS.

The money thus received by the new district is not to be paid to the individuals whose portions have been ascertained, but is to be applied by the trustees receiving it, towards procuring a school-house, and is to be allowed to the credit of such individuals, in reduction of any tax for erecting a school-house. § 69, (No. 94.). If the amount of the tax upon any one of those individuals for erecting a school-house is not equal to his portion of the sum raised and paid over to the trustees, yet as the law positively requires its application towards procuring a school-house, and leaves no discretion on the subject, it must be so applied; and if for any reason no tax shall be levied for the erection of In recommending candidates for State Certificates of a school-house, the trustees would be justified in ap-qualification, the length of time during which such canplying the amount received to the repair of their house, giving credit to the individuals upon any tax levied for that purpose, in the same manner as before mentioned. It should be borne in mind, that this appraisal and distribution of the value of the property on hand, is to be made only when a new district is formed; and that the statute does not apply to the case of the mere alteration of a district, by the annexation of one or more inhabitants from another district.

Where money is on hand, the town superintendent will, upon proper application, cause an equitable apportionment of it to be made between the new and old districts.

6. By 4 of the act of May 26, 1841, (No. 96,) a similar appraisal of the property belonging to a dissolved district is to be made; as in that case, by the previous section 3, (No. 95,) the new or altered district succeeds to the rights of the dissolved or annulled district, in such property as falls within such new or altered district. The proceedings and forms for such appraisal will be like those already given on the formation of a new district.

7. Form of a resolution for the alteration of a District.

At a meeting of, &c.,

Resolved, That Districts number 1 and number 2, in the said town, be altered as follows, viz: by setting off the farms and parcels of land occupied by John Brown, Thomas Jones and William Richards, from District number one, in which they have heretofore been included to District number two; so that the east boundary of District number one shall hereafter be the easterly line of the farms and parcels of lands occupied by A. B. C. D. &c., and the westerly boundary of district number two shall be the westerly lines of the farms and parcels of land oocupied by the said John Brown, Thomas Jones and William Richards; the said John Brown having consented to be set off as aforesaid. The written consent of the Trustees of the said Districts number one and two, having been presented to the town superintendent, is filed with the Town Clerk; [or, The consent of the Trustees of the said districts respectively, (or of District No. 1 or 2, as the case may be,) not having been given to the said alteration, it is ordered, that a notice in writing of such alteration, signed by the town superintendent, be served by the Clerk, on some one of the Trustees of each of the said districts, (or of District No. 1 or 2.)]

didates have taught school, must in all cases be specified. No certificate will hereafter be granted to any person who has taught for a less period than three years.

SAMUEL YOUNG,

Superintendent of Common Schools.

HINTS ON CONVERSATION. "Whether it be in teaching, or exhorting; in defence of our own principles, or in the attack of the principles of others; let the pure love of truth be united to the calmness of moderation. Let the temper of the mind be gentle, as the temper of religion. It certainly is a gross viowe all profess to venerate, to substitute noise lation of the maxims of the mild institute, which for sense; insult. for demonstration; or accusation for conviction. Did men consult the so

ber dictates of common sense, they would conceive every departure from benevolence, not only as a deviation from the duty which man owes to his fellow-man; but also as an injury to the cause that was meant to be promoted. In effect; all insult to the feelings, should rather be a presumption in favor of the cause which it attacks; than an argument for that which it improperly defends. Insult is the instrument with which bad causes attack good ones; with which error assaults truth, and impiety, virtue. If it be in the power of reason to convince, why have recourse to passion? If facts, monuments and authority can establish evidence, why labor to produce it from violence and misrepresenta. tation? Passion is not reason; nor is misrepre. sentation, reasoning."-Fletcher.

Steam-Press of C. Van Benthuysen & Co.

DISTRICT SCHOOL JOURNAL,

VOL. IV.

OF THE STATE OF NEW-YORK.

ALBANY, DEC., 1843.

INSTRUCTIONS, &c.-(CONTInued.) II. Duties of Town Superintendents in receiving and dividing the Public School Money.

1. The town superintendent should apply to the county treasurer for the school money of his town in sufficient time to enable him to make the apportionment on the day prescribed by law. He should be careful to receive the whole amount apportioned to, and collected for, his town, without any deduction for commissious, fees, or any other charges of the treasurer or collector, or any other officer; and should see that the bills paid are current and good, as he will be responsible for the same amount for which he gave his receipt.

2. A practice is said to prevail of making two divisions of the public money among the districts in the course of the year. This is contrary to the express provision of the statute, and is exceedingly reprehensible. The 6th subdivision of section 20 (No. 24) makes it the duty of the town superintendent to apportion the school moneys received by him, on the first Tuesday of April in each year; and by the 7th subdivision of the same section, if he have received reports from all the districts before that day, he is to divide the money within ten days after receiving all the reports and the money.

3. He will receive from the town collector a sum equal to that received from the county treasurer, for the support of common schools and the purchase of books. The aggregate, composed of these two sums, is to be apportioned by him among the school districts of his town, in proportion to the number of children over five, and under sixteen years of age, as that number appears by the annual report dated the 1st of January preceding.

No. 9.

lished by the existing law, in relation to the public money-the number of children above five, and under sixteen years of age.

No part of the interest or principal of this town fund

must be apportioned and paid over as school money." can be distributed as "library money" "the whole

There are laws of a similar character respecting the gospel and school lots, which are so local and peculiar as not to justify any particular observations concerning them, in a general circular; except that it seems to the superintendent none of these funds can be applied to the purchase of books.

In apportioning and paying the money in their hands teachers' money" and the to trustees of school districts, the town superintendents will bear in mind that the library money" are entirely independent of each othThe report of the trustees of school districts may er. entitle them to their "teachers' money" and yet they may not have complied with the conditions upon which they are authorized to receive the "library money." For instance, they may not have expended the latter in the purchase of books; and yet they may have fully complied with the law in regard to their schools. So they may be entitled to "library money," and yet not In all such cases the money appropriated to the dif have had a school kept four months by a qualified teacher. ferent objects, teachers or library, is to be distributed upon the reports relating to those objects only. The teachers' money is to be paid over "on the writ ten order of a majority of the trustees of each district, to the teachers entitled to receive the same." It will therefore be incumbent on the town superintendent to satisfy himself, both of the genuineness of the order, and that the person presenting it has the certificate of the trustees that he is or was a teacher of the district, and duly qualified according to law. In order to entitle a district to its share of teachers' money, it must appear from its annual report, "that a school had been kept therein for at least four months during the year, ending at the date of such report, by a qualified teacher," after obtaining a certificate of competency from the proper authority; that all the teachers' money received during the year has been expended in the payment of such teacher; that no other than a duly qualified teacher had at any time during the year for more than one month been employed to teach the school in said disaccordance with law, and the requisitions and instructions of the superintendent, made in pursuance of law. In other words, it must be in the form prescribed by the superintendent, and must contain all the information required by law and by the department to be given.With the ample opportunities afforded for correction and for the interposition of the department when requisite, prior to the apportionment, it will hereafter be By chapter 257, of the laws of 1829, in those counties expected that the apportionment of teachers' money where the distinction between town and county poor is will be made with reference exclusively to the reports abolished, the inhabitants of towns having any funds in and orders of the department, then before the town suthe hands of the overseers of the poor, may appropri- perintendent; and no application subsequently made ate all, or any part of such funds, to such purposes as for the interposition of the department will be regardshall be determined at an annual or special town meet-ed, unless the most satisfactory explanation of the delay ing. If appropriated for the benefit of common schools, is given. it is made a fund for that purpose, and is placed under the charge of the town superintendent of common schools of the town. The interest is to be applied by him "to the support of common schools." But the town may, at an annual meeting, direct the whole principal, as well as the interest, to be applied for the benefit of the common schools. (See vol. 1, 2d ed. Rev. Statutes, page 351, and Common School Decisions, page 418.]

By the third subdivision of original section 5, of Title 2, of Chapter 11, Part 1, Rev. Stat. (§ 6, of the second edition,) No. 403, the electors of each town are authorized, at their annual meeting, to direct a sum to be raised in their town for the support of common schools for the ensuing year, not exceeding that required by law to be raised by the board of supervisors for that purpose. The sum that may be thus voted, may be equal to the whole amount which the supervisors are autho-trict; and such report must, in all other respects, be in rized to assess on the town, including both library money and teachers' money. This construction follows from the language of the fourth section of the act of 1838, respecting the U. S. Deposite Fund, hereto annexed, which directs that the sum of $65,000 shall be annually distributed to the support of common schools:" although it subsequently directs that it shall be applied to the purchase of a library.

The town superintendent will, therefore, be bound to distribute the interest, and the principal when directed by the town, equally among the districts. He cannot adopt a more just or convenient ratio than that estab

The library money is to be paid over to, or on the order of, a majority of the trustees, on its appearing from the annual report that "the library money received at the last preceding apportionment was duly expended according to law, (in the purchase of books suitable for a district library, or in the purchase of maps, globes, black boards, or other scientific apparatus for the use of the schools, in the cases and in the mode prescribed by the late law, and which will be hereafter considered) on or before the first day of October subsequent to such apportionment." The report must uniformly be accompanied with a catalogue of the library, and must state accurately the number of volumes and their con