TITLE 13. district meeting, appoint one or more of the inhabitants of the district to protect the rights and interest of the district upon said appeal. And the officer or officers before mentioned shall thereupon, within ten days, serve upon the clerk of said district (or if there be no such clerk, upon the town clerk of the town) a copy of the aforesaid account, so sworn to, together with a notice, in writing, that on a certain day therein specified he or they intend to present such account to the county judge or to the district attorney, as the case may be, for settlement. And the clerk shall record such notice, together with the copy of the account, and the same shall be subject to the inspection of the inhabitants of the district. And it shall be the duty of the person or persons appointed by any district meeting for that purpose, to appear before the county judge or the district attorney, as the case may be, on the day mentioned in the notice aforesaid, and to protect the rights of the district upon such settlement; and the expenses incurred in the performance of this duty shall be a charge upon said district, and the trustees, upon presentation of the account of such expenses, with the proper voucher therefor, may levy a tax therefor, or add the same to any other tax to be levied by them; and their refusal to levy said tax for the payment of said expenses shall be subject to an appeal to the superintendent of public instruction. 10. Upon the appearance of the parties, or upon due proof of service of the notice and copy of the account, the county judge shall examine into the matter and hear the proofs and allegations propounded by the parties, and decide by order whether or no the account, or any and what portion thereof, ought justly be charged upon the district, with costs and disbursements to such officer or officers, in his discretion, which costs and disbursements shall not exceed the sum of thirty dollars, and the decision of the county judge shall be final; but no portion of such account shall be so ordered to be paid which shall appear to such judge to have arisen from the willful neglect or misconduct of the claimant. The account, with the oath of the party claiming the same shall be prima facie evidence of the correctness thereof. The county judge may adjourn the hearing from time to time, as justice shall seem to require. § 11. It shall be the duty of the trustees of any school district, within thirty days after service of a copy of such * As amended by chap. 514, Laws of 1874. order upon them, or upon the district clerk, and notice thereof to them, or any two of them, to cause the same to be entered at length in the book of records of said district, and to raise the amount thereby directed to be paid, by a tax upon the district, to be by them assessed and levied in the same manner as a tax voted by the district. TITLE 13. schools. 12. For the support of the Indian schools, already Indian established and which may be established, under authority of chapter seventy-one of the laws of eighteen hundred and fifty-six, the superintendent of public instruction, in his annual general apportionment of the state school moneys appropriated for the support of common schools, shall make an equitable apportionment, as provided by section six of title three of this act; and the moneys which shall be thus apportioned, and those which have been apportioned for their support, under authority of section four, chapter seventy-one of the laws of eighteen hundred and fifty-six, shall be paid out of the treasury. for expenditures authorized by law and actually incurred in the support of such schools, upon the warrant of the superintendent, countersigned by the comptroller. tion of 13. The superintendent of public instruction, so soon Publica as may be after the passage of this act, shall prepare and this stat cause to be printed, and distribute among the school dis- ute, etc. tricts of the state, to each one copy, an edition of this statute, with brief annotations embodying such of the decisions of the courts of the state, and of the superintendents of common schools and the superintendents of public instruction as are applicable thereto, and such comments, explanations and instructions as he shall deem necessary or expedient, and the same shall be deposited with the district clerk, and kept by him for the use of the inhabitants. § 14. All provisions of law repugnant to or inconsistent with the provisions of this act are hereby repealed, saving always all rights of action vested under such prior provisions, and proceedings commenced for the assertion thereof; but nothing herein contained, unless it be so expressed, shall be construed, unless by inevitable implication, to revive any act or portion of an act heretofore repealed; nor to impair or in any manner affect or change any special law touching the schools or school system of any city or incorporated village of the state. The two following paragraphs, amendatory of the General School Act, but not of any particular title thereof, were passed as sections 26 and 27, of chap. 406, Laws of 1867. Hereafter all moneys, now authorized by any special acts to be collected by rate bill for the payment of teachers' wages, shall be collected by tax, and not by rate bill. Nothing in this act contained shall be construed to authorize the common council of any city to increase the local city tax for the support of the schools therein, beyond the amounts they are now authorized by law to raise for local school purposes, and such local tax shall be reduced in such city, by an amount equal to the amount it shall receive by the additional tax authorized by this act, for the support of schools in the state generally. To authorize the sale or ex change of POWER OF UNION FREE SCHOOL DISTRICTS TO SELL OR EXCHANGE The following powers were conferred upon boards of supervisors by subdivision 28, section 1, chap. 482, Laws of 1875: any * To authorize boards of trustees or of education in union free school districts, or trustees of common real estate. school districts, established in conformity to the general or to any special law of the state on the application of a majority of the taxable inhabitants of the district, voting on the question at a duly called meeting, to sell or exchange real estate belonging to the district, for the purpose of improving or changing school-house sites and to increase or diminish the number of members of said boards. *As amended by sec. 1, chap. 239, Laws of 1878. APPENDIX. CHAP. 261. AN ACT to provide for the better education of the children in the several orphan asylums in this state, other than in the city of New York. PASSED April 10, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: distribu public SECTION 1. The schools of the several incorporated or-To participhan asylum societies in this state, other than those in the pate in the city of New York, shall participate in the distribution of tion of the the school moneys, in the same manner and to the same money, extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. ment of. § 2. The schools of said societies shall be subject to the Rules and rules and regulations of the common schools in such cities manageor districts, but shall remain under the immediate management and direction of the said societies as heretofore. CHAP. 185. AN ACT to provide for the care and instruction of idle and truant children. PASSED April 12, 1853. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Idle and truant before a SECTION 1. If any child, between the ages of five and children to fourteen years, having sufficient bodily health and mental be brought capacity to attend the public schools, shall be found wan- justice of dering in the streets or lanes of any city or incorporated etc. the peace, CHAP. 185. 1853. village, idle and truant, without any lawful occupation, any justice of the peace, police magistrates, or justices of the district courts in the city of New York, on complaint thereof by any citizen on oath, shall cause such child to be brought before him for examination, and shall also cause the parent, guardian or master of such child, if he or she have any, to be notified to attend such examination. And if, on such examination, the complaint shall be satisfactorily established, such justice shall require the parent, guardian or master to enter into an engagement in writing, to the corporate authorities of the city or village, that he will restrain such child from so wandering about, will keep him or her on his own premises, or in some lawful occupation, and will cause such child to be sent to some school, at least four months in each year, until he or she becomes fourteen years old. And such Security justice may, in his discretion, require security for the faithful performance of such engagement. If such child has no parent, guardian or master, or none can be found, or if such parent, guardian or master refuse or neglect, within a reasonable time, to enter into such engagement, and to give such security, if required, such justice shall, child may by warrant under his hand, commit such child to such place as shall be provided for his or her reception, as hereinafter directed. When be com mitted. Overseers of the poor to bring action. Suitable place to be for truant children. 2. If such engagement be habitually or intentionally violated, an action may be brought thereon, by the overseers of the poor, or either of them, of such city or village, in the name of the corporate authorities thereof, and on proof of such habitual or intentional violation, the plaintiff shall recover therein a penalty of not more than fifty dollars, with costs. And thereupon the magistrate, or court before whom such recovery shall be had, shall, by warrant, commit such child to the place so provided for his or her reception, as aforesaid. § 3. The corporate authorities of every city and incorprovided porated village shall provide some suitable place for the reception of every child that may be so committed, and for the employment of such child in some useful occupation, and his or her instruction in the elementary branches of an English education, and for his or her proper support and clothing. Every child so received shall be kept in such place until discharged by the overseers of the poor or the commissioners of the alms-house of such city or village, and may be bound out as an apprentice by them |