county of New York. They shall meet on the second Wednesday of January, in each year, for the purpose of organization, and thereafter for the transaction of business as often as they may determine; they shall elect one of their number President, and shall appoint a Clerk, and as many Assistant Clerks, and other officers for the transaction of the business of the Board as may be necessary, who shall severally hold their offices during the pleasure of the Board, and whose respective duties, powers and compensation shall be regulated and determined by the Board.

The Board of Education shall have power:

1. To take and hold property, both real and personal, devised or transferred to it for the purposes of Public Education in the city of New York.

2. To appoint a City Superintendent of Schools, and one or more Assistant Superintendents, and also a Superintendent of School Buildings, whose respective duties, powers, salaries and terms of office, except as herein otherwise provided, shall be regulated and determined by the Board of Education, and to employ, under the Superintendent of School Buildings, necessary workmen, and provide necessary materials for repairing, altering, and enlarging school or other buildings; but this provision shall not be construed to compel the Trustees of any ward to use or employ such workmen or materials, for any purpose whatever.

3. On the nomination of the school officers of any ward to fill vacancies in school offices which may occur in such ward between the general elections, and upon the presentation of a majority of the school officers of any ward, to remove any Inspector of Common Schools for such ward, who shall be proven

to the satisfaction of the Board of Education to have wilfully, or without good cause, neglected to perform any duty imposed upon him by this act; and it shall be the duty of the said Board to remove from office any commissioner, inspector or trustee, who shall be, or become, directly or indirectly, interested by way of commission or otherwise, in any contract or underdertaking for the furnishing of any supplies of books or materials, or for the performing of any labor or work for any of the schools or buildings under its charge.

4. To establish new schools, as hereinafter provided.

5. To draw from the moneys which shall be raised for the purpose of Public Education, such sums as may be required for the purpose of defraying the necessary incidental expenses of the Board, and such further sums as may be required for the payment of the salaries of such clerks and other officers as may be appointed by virtue of the authority vested in the Board by this Act, and of such other expenses as may be necessarily incurred by the Board in pursuance of the provisions of this Act.

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

7. To make rules of order and by-laws for the government of the Board, its members and committees, and general regulations to secure proper economy and accountability in the expenditure of the school

moneys.

8. To continue the existing Free Academy, and organize a similar institution for females; and if any similar institution is organized by the Board of Education, all the provisions of this act, relative to the

Free Academy, shall apply to each and every one of the said institutions, now existing or hereafter established, as fully, completely and distinctly as they could or would if it was the only institution of the kind; to distinguish each existing and future institution by an appropriate title; and to purchase, erect, or lease sites and buildings for each and all of the said institutions, provided that no additional institution shall be authorized or organized by the Board of Education, unless a majority of the whole number of members of the said Board shall vote in favor thereof.

9. To use and control the premises known as the Hall of the Board of Education, at the corner of Grand and Elm streets, to direct the purposes for which the same may be occupied, and to make all the repairs, alterations, and additions in and to the same, which the Board may deem advisable, and to provide such additional sites and buildings as may be necessary for the purposes of this act, the title of which shall, in all cases, be vested in the Mayor, Aldermen and Commonalty of the city of New York.

10. To dispose of such personal property used in the school or other buildings under the charge of the Board, as the Trustees or Committees having the immediate charge thereof shall certify is no longer required for use therein; and all moneys realized by the sale of any such property shall be paid into the City Treasury, for the same purposes as the moneys raised under the sixteenth section of this Act.

11. And for the purposes of this Act, the said Board shall possess the powers and privileges of a corporation.

§ 3. It shall be the duty of the Board of Education:

1. On or before the fifteenth day of November, in each year, to report to the Board of Supervisors of said city and county, an estimate of the amount over and above the sum specified in the fifteenth section of this Act, which will be required during the year for the purpose of meeting the current annual expenses of public instruction in said city, for purchasing, leasing and procuring sites; for erecting buildings, and for furnishing, fitting up, altering, enlarging and repairing the buildings and premises under their charge; for the support of schools which shall have been organized since the last annual apportionment of the school moneys made by the Board, and of such further sum or sums as may be necessary for any of the purposes anthorized by this Act; but the aggregate amount so reported shall not exceed the sum of four dollars for each pupil who shall have actually attended and been taught the preceding year in the schools entitled to participate in the apportionment.

2. To apportion all the school moneys which shall have been raised for the purpose of meeting the current annual expenses of public instruction, to the schools entitled to participate therein by the provisions of this Act.

3. To file with the Chamberlain of said city, on or before the first Monday of April in each year, a copy of their apportionment, stating the amount apportioned to the Schools under the charge of the Board of Education, and to the Trustees, Managers and Directors of the several schools enumerated in this Act.

4. To continue to furnish, through the Free Academy, the benefit of education, gratuitously, to persons who have been pupils in the Common Schools of

the said city and county, for a period of time to be regulated by the Board of Education, not less than one year.

5. To supervise, manage and govern said Free Academy, and make all needful rules and regulations therefor; fix the number and compensation of teachers and others to be employed therein; prescribe the preliminary examination, and the terms and conditions on which pupils shall be received and instructed therein and discharged therefrom; direct the course of studies therein, and provide in all things for the good government and management of the said Free Academy; and purchase the books, apparatus, stationery, and other things necessary and expedient to enable the said Free Academy to be properly and successfully conducted, and to keep the said building or buildings properly repaired and furnished. And the Board, upon the recommendation of the Faculty of the Free Academy, may grant the usual degrees and diplomas in the Arts, to such persons as shall have completed a full course of study in the said Free Academy.

6. To appoint annually a standing committee of not less than five persons of their number, who shall, subject to the control, supervision and approbation of the said Board, constitute an Executive Committee, for the care, government and management of the said Free Academy, under the rules and regulations prescribed as aforesaid, whose duty it shall be to make detailed reports to the said Board of Education, and, among other things, to recommend the rules and regulations which they deem necessary and proper for the said Academy. The Board of Education may, at any regular meeting thereof, by a majority of all the