7 Immediately after the service of a copy of such answer and the statements, papers, etc., presented in support thereof, the original answer and papers, etc., together with an affidavit of the service of such copy and stating the time and manner of the service and the name and official character of the person upon whom such service was made, as hereinbefore provided for the service of a copy of an appeal, must be transmitted to the Department of Public Instruction, at Albany. 8 No reply, replication or rejoinder shall be allowed, except by permission of the State Superintendent of Public Instruction; in which case, such reply, replication and rejoinder must be duly verified by oath, and copies thereof served on the opposite party. Immediately after the service of such copy, the original, together with an affidavit of such service, and stating the time and manner of the service and the name and official character of the person upon whom such service was made, must be transmitted to the Department of Public Instruction, at Albany. 9 So far as the parties concur in a statement, no oath will be required to it. But all facts, maps or papers, not agreed upon by them and evidenced by their signature on both sides, must be verified by oath. 10 When any proceeding of a district meeting is appealed from, and when the inhabitants of a district generally are interested in the matter of the appeal, and in all cases where an inhabitant might be an appellant had the decision or proceeding been the opposite of that which was made or had, any one or more of such inhabitants may answer the appeal, with or without the trustees. 11 When the appeal has relation to the alteration or formation of a school district, it must be accompanied by a map, exhibiting the site of the schoolhouse, the roads, the old and new lines of districts, the different lots, the particular location and distance from the schoolhouses of the persons aggrieved, and their relative distance, if there are two or more schoolhouses in question; also, a list of all the taxable inhabitants in the district or territory to be affected by the question, showing in separate columns the valuation of their property, taken from the last assessment-roll, and the number of children between 5 and 21 belonging to each person, distinguishing the districts to which they respectively belong. 12 An appeal, of itself, does not stay proceedings. If the party desires such stay he should apply for it by petition, stating the facts why such stay should be made, duly verified. The Superintendent will grant a stay, or not, as in his judgment it may be proper, or may subserve the interests of either party or the public; and may direct a copy of the petition to be served on the opposite party, and a hearing of both sides before deciding upon the application. 13 The affidavit of verification, required by these rules to an appeal, answer, reply, replication and rejoinder, must be to the effect that the same is true to the knowledge of the affiant, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. 14 All oaths required by these rules may be taken before any person authorized to take affidavits. 15 All appeals and other papers therein must be fairly and legibly written; and if not so written, may, in the discretion of the Superintendent, be returned to the parties. 16 When any party, appellant or respondent, is not represented on the appeal by any attorney, the name of such party, with the names of the district, town and county and his post-office address must be indorsed upon each paper of the party so represented, filed in the Department on such appeal; and when represented by an attorney, the name of such attorney, with name of the district, town and county affected and his post-office address, must be so indorsed upon each paper of the party so represented, filed in the Department on such appeal. 17 Submission of appeals may be made upon the papers filed therein, with or without oral argument, or the filing of briefs, as the Superintendent, upon application, may determine. 18 The decision of the Superintendent in every case will contain the order, or directions, necessary and proper for giving effect to his decisions. 19 A decision upon an appeal will be forwarded by the Superintendent to the clerk of the school district in which the appeal arose, or the town clerk of the town, when the appeal relates to the alteration of a district in which the order appealed from is filed, whose duty it will be to file the same in his office as a public record. PRACTICE ON APPLICATION FOR REMOVAL OF SCHOOL OFFICERS Under Section 13 of Title 1 of Consolidated School Law of 1894 For willful violation or neglect of duty The proceedings are generally termed appeals asking for the removal of the officer against whom the charges are made. The applicant should prepare a petition addressed, "To the Superintendent of Public Instruction," in which, after distinctly stating the charge, should proceed with a specification of the facts by which it is established, which must be set forth with such certainty as to time, place, etc., as to furnish the officer with precise information as to what he is expected to meet, and enable him to look for repelling testimony. The charges must not only be distinctly alleged, but they must be specifically proved. After being verified, a copy of the petition, and of all the affidavits in support thereof, including the affidavits of verification thereto, must be served upon the officer whose removal is sought, together with a notice of the application, which may be substantially in the following words: of Sir: Take notice that the petition and affidavits, with copies of which you are herewith served, will be presented to the Superintendent of Public Instruction at Albany, and application thereupon made for your removal from the office of of district No. in county; and that you are required to transmit your answer to such application, duly verified, to the Department of Public Instruction within 10 days after the service hereof or the charges contained in such affidavits will be deemed to be admitted by you. Post-office address..... A. B. A copy of this notice, together with an affidavit proving the service thereof, and of the petition and affidavits therein referred to, and the date and manner of such service must be transmitted, with the original petition and affidavits, to the Department of Public Instruction. The officer can not be prejudiced by any statement which he has not been called upon to answer. The officer must transmit his sworn answer, together with the affidavits of other persons, if he deems them necessary, with proof of service of copies thereof upon the petitioner, to the Depart- · ment within 10 days. If, for any reason, as the absence of material witnesses, he is unable to complete his defense in that time, he should, before its expiration, transmit his own answer, duly verified, with a statement, under oath, of the facts which render it necessary, that the time to procure further evidence should be extended, and stating the earliest day at which he expects to be able to obtain such evidence. If a probable defense appears from his answer, and the application for further time is reasonable, an order will be made granting it. If no answer is made by the officer to the petition, etc., the allegations contained in said petition, etc., will be considered admitted as true, and if, as such, a case is established against the officer, the Superintendent will at once remove him. If an answer is interposed the question will be decided by the Superintendent after an examination of the facts as presented by the papers upon both sides. For willfully disobeying any decision, order or regulation of the Superintendent of Public Instruction. The practice and procedure in cases of the willful disobedience of any order, decision or regulation of the Superintendent should be like that above stated of willful violation or neglect of duty, excepting that upon the filing of the petition, etc., with proof of service of a copy thereof upon the officer, in the Department, or upon his own motion, the Superintendent will issue an order directing the officer to show cause before him on or before a certain day fixed in the order, why he should not be removed from office. If no answer is made to said order the allegations contained in the moving papers will be deemed to be admitted as true, and if, as such, a case is established against the officer, the Superintendent will at once remove him. If an answer is interposed, the question will be decided by the Superintendent after an examination of the facts as presented by both sides. Note. In the papers filed in the Department, upon an appeal, the Superintendent wants facts, not arguments or inferences, much less injurious imputations on the motives of parties. The facts should be distinctly averred, so that an indictment for perjury would lie if they are willfully misstated. Therefore they should not be stated by way of recital under a whereas," or in any similar indirect way. Every material fact should be stated with all practicable particularity as to time, quantities, numbers, etc. Where a statement is ambiguous or doubtful in meaning, that construction is adopted which is most unfavorable to the party making it. The appellant must establish his appeal by a preponderance of proof, and should make out his own case, so that if no answer is put in, the Superintendent will have, in the appeal itself, all the facts to inform him what order ought to be made. No decision can be based upon any facts except those which are stated in the papers in the appeal, and which the opposite party has had the opportunity to controvert, although such facts may have been brought to the knowledge of the Superintendent in some other way. The record itself must contain enough to support the decision. In the bringing and answering of appeals it is recommended that the matters be written upon paper ruled as paper is ruled for legal pleadings. Such paper is kept by all stationers and booksellers, and is known as law paper or legal cap. The several sheets should be written as lawyers write their papers, on both sides, so that the bottom of the first page is the top of the second, and the sheets are fastened or attached at the ends and not at the sides. Manuscript arranged in this fashion is more easily handled, folded and filed. The papers should be smoothly folded and indorsed with the title of the case, briefly stating the substance of the appeal or answer, with the names of the parties or attorneys, and their post-office address and the district, town and county affected. CHARLES R. SKINNER State Superintendent of Public Instruction SPECIAL ACTS CHAP. 222, LAWS OF 1895 AN ACT to provide for the purchase and display of United The People of the State of New York, represented in Senate and Section 1 The school authorities of every public school in the several cities and school districts of this state shall purchase a United States flag, flagstaff and the necessary appliances therefor, and shall display such flag upon or near the public school building during school hours, and at such other times as the school authorities may direct. The neces sary funds to defray the expense incurred by this act shall be assessed and collected in the same manner as moneys for public school purposes are now raised by law. Sec. 2 This act shall take effect immediately. CHAP. 481, LAWS OF 1898 AN ACT to provide for the display of the United States flag on the school-houses of the state, in connection with the public schools; and to encourage patriotic exercises in such schools. BECAME a law April 25, 1898, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 It shall be the duty of the school authorities of every public school in the several cities and school districts of the state to purchase a United States flag, flagstaff and the necessary appliances therefor, and to display such flag upon or near the public school building during school hours, and at such other times as such school authorities may direct. Sec. 2 The said school authorities shall establish rules and regulations for the proper custody, care and display of the flag, and when the weather will not permit it to be otherwise displayed, it shall be placed conspicuously in the principal room in the school-house. Sec. 3 It shall be the duty of the state superintendent of public instruction to prepare, for the use of the public schools of the state, a program providing for a salute to the dag at the opening of each day of school and such other patriotic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. It shall also be his duty to make special provision for the observance in such public schools of Lincoln's birthday, Washington's birthday, Memorial day and Flag day, and such other legal holidays of like character as may be hereafter designated by law. Sec. 4 The state superintendent of public instruction is hereby authorized to provide for the necessary expenses incurred in developing and encouraging such patriotic exercises in the public school. Sec. 5 Nothing herein contained shall be construed to authorize military instruction or drill in the public schools during school hours. Sec. 6 This act shall take effect immediately. CHAP. 232, LAWS OF 1895 AN ACT in relation to gospel funds and school lots in the several towns and counties of the state BECAME a law April 4, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 It shall be lawful for the supervisor of any town having money arising from the sale of gospel lands, and known as gospel funds, to apportion such among the several school districts of his respective town as hereinafter provided. Sec. 2 Any town having a gospel fund of five hundred dollars or less may apportion such fund with the consent and approval of a majority of the town board of such town. Sec. 3 Any town having a gospel fund of more than five hundred dollars may apportion such fund in like manner by a vote at any annual or special town meeting. Sec. 4 Where such apportionment is made, the supervisor shall pay to the trustees of the several school districts of his town its pro rata share according to the aggregate school attendance of each school district in the preceding year. Sec. 5 The trustees of such school districts shall execute and file with the supervisor of such town a bond of twice the amount of such apportionment, with sufficient sureties, to be approved by such supervisor. Sec. 6 Such trustees, upon the receipt of such money, shall apply the same for such purpose as the school district in annual or special meeting shall decide. Sec. 7 This act shall take effect immediately. CHAP. 362, LAWS OF 1895 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 BECAME a law April 19, 1895, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 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 representa |