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action, which accrues against them, or has accrued against their predeces sors, or upon a contract made by their predecessors in their official capacity, and within the scope of their authority.

(See also sections 1928, 1929 and 1930.)

Section 1931 provides that an execution can be issued upon a judgment for a sum of money against the trustee or trustees of a school district, and such execution may be issued against and be collected out of the property of such officers, and the sum collected must be allowed to him on the settlement of his official accounts, except as otherwise specially prescribed by law.

NOTE. By section 85, article 7, title 7 of consolidated school law, chapter 556, laws of 1894, it is provided, "Whenever any sum or sums of money payable by any person or persons named in such tax-list, shall not be paid by such person or persons, or collected by such warrant within the time therein limited, or the time limited by any renewal of such warrant; or in case the property assessed be real estate belonging to an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustee or trustees may sue for and recover the same in their name of office."

A. See sub. 17, section 14 of article 1, title 7 of the consolidated school law, chapter 556, laws of 1894, relative to payment of judgments obtained in actions against trustees of districts for unpaid teachers' wages; also sections 4 and 5 of article 1 of title 15 of the consolidated school law, as to payment of costs and damages in actions or proceedings brought by or against trustees of districts.

PENAL CODE

Sec. 46 Attempting to prevent officers from performing duty. A person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor.

Sec. 47 Resisting officers.

A person who knowingly resists by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor.

Sec. 57 Officer refusing to surrender to successor. A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor.

Sec. 58 Administrative officers. The various provisions of this chapter which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned.

Sec. 94 Injury, etc., to public records. A person who, willfully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than five years, or by a fine, not more than five hundred dollars, or by both.

Sec. 114 Injury to records and misappropriation by ministerial officers. A sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of any ministerial officer, who either:

1 Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or

2 Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property instrusted to him in virtue of his office, is guilty of felony.

Sec. 117 Neglect of public officers. A public officer, or person holding a public trust or employment, upon whom any duty is enjoined by law, who willfully neglects to perform the duty, is guilty of a misdemeanor. Sec. 223 Use of force or violence, declared not unlawful, etc. To use or attempt, or offer to use, force or violence upon or toward the person of another is not unlawful in the following cases:

4 When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful author

ity to restrain or correct his child, ward, apprentice or scholar, and the force or violence used is reasonable in manner and moderate in degree;

Sec. 448 Disturbing lawful meetings. A person who, without authority of law, willfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor.

Sec. 470 Misappropriation, etc., and falsification of accounts by public officers. A public officer, or a deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this state, or of any department of the government of this state, or of any bureau or fund created by law, and in which the people of this state are directly or indirectly interested, or for or on account of any city, county, village or town, who

1 Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise; or

2 Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him, or 3 Fraudulently alters, falsifies, conceals, destroys or obliterates any such account; or

4 Willfully omits or refuses to pay over to the people of this state or their officer or agent authorized by law to receive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer, when it is his duty imposed by law to pay over, or account for, the same; is guilty of felony.

Sec. 471 Other violations of law. An officer or other person mentioned in the last section who willfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding two years, or both.

Sec. 473 A public officer or school officer, who is authorized to sell or lease any property, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily be comes interested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the superintendent of public instruction, is guilty of a misdemeanor.

Sec. 485 Making false statement in reference to taxes. A person who, in making any statement, oral or written, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor.

Sec. 485a School district trustee not to draw draft on supervisor in certain cases. A school district trustee who issues an order or draws a draft on supervisor or collector for any money, unless there is at the time sufficient money in the hands of such supervisor or collector belonging to the district to meet such order or draft, is guilty of a misdemeanor.

Sec. 505 Unlawfully entering building. A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor.

Sec. 515 Other cases of forgery in third degree. A person who, with intent to defraud or to conceal any larceny or misappropriation by any person of any money or property, either

1 Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation, association, public office or officer, partnership, or individuals; or 2 Makes a false entry in any such account or book of accounts; or 3 Willfully omits to make true entry of any material particular in any such account or book of accounts, made, written, or kept by him or under his direction; is guilty of forgery in the third degree.

Division of School Commissioner Districts-Erection of

CHAP. 686

AN ACT in relation to counties, constituting chapter eighteen of the general laws

PASSED May 18, 1892.

THE COUNTY LAW

General powers

Boards of

Article Eleven-Boards of Supervisors

Section 12 The board of supervisors shall:

9 Divide any school commissioner's district within the county which contains more than two hundred school districts, and erect therefrom an supervisors additional school commissioner's district, and when such district shall may divide school comhave been formed, a school commissioner for the district shall be elected in the manner provided by law for the election of school commissioners.

missioner districts containing more than two hun

dred school districts

Continuing Free Instruction in Natural History, Geography and Kindred Subjects, etc.

CHAP. 97-LAWS OF 1897

AN ACT to continue free instruction in natural history, geography and kindred subjects in certain institutions, and making an appropriation therefor

Became a law March 23, 1897, with the approval of the Governor. Passed, three-fifths being present.

Section 1 The state superintendent of public instruction is hereby authorized to enter into an agreement with the American museum of natural history, in the city of New York, for continuing the instruction of natural history, geography and kindred subjects in the several state normal schools, the normal college of the city of New York, the training school for teachers in the city of Brooklyn, the teachers' institutes in the different counties of the state, and to the teachers in the common schools of the city of New York, Brooklyn and vicinity, authorized by chapter four hundred and twenty-eight of the laws of eighteen hundred and eighty-six, by chapter three hundred and thirty-seven of the laws of eighteen hundred and eighty-eight, by chapter forty-three of the laws of eighteen hundred and ninety-one, and by chapter six of the laws of eighteen hundred and ninety-three, for the further term of four years from the first day of January, eighteen hundred and ninety-seven.

Sec. 2 Said instruction may include free illustrated lectures to artisans, mechanics and other citizens, on such legal holidays as the state superintendent and museum authorities may agree upon.

Sec. 3 The sum of eighteen thousand dollars, payable from the free school fund, is hereby appropriated for the preparation for and the support and maintenance of said course of instruction, for the year beginning on the first day of January, eighteen hundred and ninety-seven; and the sum of eighteen thousand dollars shall be appropriated annually thereafter in the general appropriation bill for the preparation for and the support and maintenance of said course of instruction during the term of the agree ment authorized by this act.

CHAP. 489

AN ACT to provide that additional facilities for free instruction in natural history, geography and kindred subjects, by means of pictorial representation and lectures, may be furnished to the free common schools of each city and village of the state that has, or may have, a superintendent of free common schools Took effect May 2, 1899.

Section 1 The state superintendent of public instruction is hereby authorized to furnish additional facilities for instruction in natural history, geography and kindred subjects, by means of pictorial representation and lectures, to the free common schools of each city and village of the state that has, or may have, a superintendent of free common schools. The local school authorities may, in their discretion, cause the aforesaid illustrated lectures to be repeated to their artisans, mechanics and other citizens on the legal holidays and at other times. Any institution instructing a teachers' training class, or any union free school, may have the free use of the apparatus provided by this act upon the payment to the superintendent of schools loaning the same of necessary expenses incurred in such use or for any loss or injury to said property. Said superintendent may, from time to time, establish the rules and regulations and make and enter into the contracts necessary for carrying out the provisions of this act.

Sec. 2 The annual report of each school superintendent to the department of public instruction shall contain a full statement of the extent to which the instructions described may be given and his judgment of the usefulness of the same.

Sec. 3 The sum of twenty thousand dollars is hereby appropriated, from any moneys not otherwise appropriated, for the preparation for and the support and maintenance of said instruction for the year beginning on the first day of January, eighteen hundred and ninety-nine, payable by the treasurer upon the warrant of the comptroller, upon vouchers approved by the superintendent of public instruction and audited by the comptroller, and the sum of twenty thousand dollars shall be appropriated annually thereafter, in the general appropriation bill, for the preparation for and the support and maintenance of said instruction for the term of four years from the first day of January, eighteen hundred and ninety-nine.

Sec. 4 The state superintendent of public instruction is hereby authorized, under such rules and regulations as he may establish, to permit the slides for illustrative teaching prepared under the provisions of this act, to be sold to such educational institutions of this state as give free instruction to a portion of their pupils, and are, or may be, hereafter chartered by special acts of the legislature or organized under the general laws of this state.

Sec. 5 This act shall take effect immediately.

Normal Schools

CHAP. 311

[1. ALBANY]

AN ACT for the establishment of a normal school

PASSED May 7, 1844.

Section 1 The treasurer shall pay on the warrant of the comptroller, to the order of the superintendent of common schools, from that portion of the avails of the literature fund appropriated by chapter two hundred

and forty-one of the laws of one thousand eight hundred and thirty-four, to the support of academical departments for the instruction of teachers Appropria- of common schools, the sum of nine thousand six hundred dollars; which tion for the sum shall be expended under the direction of the superintendent of common schools, and the regents of the university, in the establishment and support of a normal school for the instruction and practice of teachers of common schools in the science of education and in the art of teaching, to be located in the county of Albany.

establishment of a normal school at Albany

Annual appropriation

Sec. 2 The sum of ten thousand dollars shall, after the present year, be for support annually paid by the treasurer on the warrant of the comptroller, to the superintendent of common schools, from the revenue of the literature fund, for the maintenance and support of the school so established, for five years, and until otherwise directed by law.

Supervision by state superin

tendent and the regents

of the university

Executive committee, duty of

Rules and regulations Annual report

Sec. 3 The said school shall be under the supervision, management and government of the superintendent of common schools and the regents of the university. The said superintendent and regents shall from time to time, make all needful rules and regulations, to fix the number and compensation of teachers and others to be employed therein, to prescribe the preliminary examination and the terms and conditions on which pupils shall be received and instructed therein, the number of pupils from the respective cities and counties, conforming as nearly as may be to the ratio of population to fix the location of the said school, and the terms and conditions on which the grounds and buildings therefor shall be rented, if the same shall not be provided by the corporation of the city of Albany, and to provide in all things for the good government and management of the said school. They shall appoint a board consisting of five persons, of whom the said superintendent shall be one, who shall constitute an executive committee for the care, management and government of the said school under the rules and regulations prescribed as aforesaid, whose duty it shall be from time to time to make full and detailed reports to the said superintendent and regents, and among other things to recommend the rules and regulations which they deem necessary and proper for the said school.

Sec. 4 The superintendent and regents shall annually transmit to the legislature a full account of their proceedings and expenditures of money under this act, together with a detailed report by said executive committee of the progress, condition and prospects of the school.

Appropriation for erection of normal school

building at Albany

The foregoing was the first provision made by law in this state for the establishment of any normal school. Though general in the sense of being for the benefit of the state, the school was located at Albany, and to provide uniformity in arrangement, the act is inserted here with other local acts relating to normal schools.* The laws providing for the establishment of normal schools generally will follow.

The preceding act was regarded as experimental and for a term of five years only. At the expiration of the term, the institution, still at the time the only one in the state, was permanently established by the following act:

CHAP. 318

AN ACT for the permanent establishment of the normal school
PASSED April 12, 1848.

Section 1 The treasurer shall pay on the warrant of the comptroller, to the order of the state superintendent of common schools, from the general fund. a sum not exceeding fifteen thousand dollars, to be expended in the erection of a suitable building for the accommodation of the State Normal School for the instruction and practice of teachers of common schools, in the science of education and the art of teaching.

At a meeting of the regents of the university held March 13, 1890, the corporate name of the Albany normal school was changed to the New York state normal college.

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