of Education, no costs shall be allowed to the plaintiff, in cases where the court shall certify that it appeared on the trial that the defendants acted in good faith.

2 The provision of subdivision 1 of this section shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the Commissioner of Education.

cases.

§ 858 Costs, expenses and damages a district charge in certain 1 Whenever the trustees of any school district, or any school district officers, have been or shall be instructed by a resolution adopted at a district meeting to defend any action brought against them, or to bring or defend an action or proceeding touching any district property or claim of the district, or involving its rights or interests, or to continue any such action or defense, all their costs and reasonable expenses, as well as all costs and damages adjudged against them, shall be a district charge and shall be levied by tax upon the district.

2 If the amount claimed by them be disputed by a district meeting, it shall be adjusted by the county judge of any county in which the district or any part of it is situated.

§ 859 Payment of costs, charges and expenses by vote of district meeting. 1 Whenever such trustees or any school district officer shall have brought or defended any such action or proceeding, without any such resolution of the district meeting, and after the final determination of such suit or proceeding, shall present to any regular meeting of the inhabitants of the district, an account, in writing, of all costs, charges and expenses paid by him or them, with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting shall so direct, it shall be the duty of the trustees to cause the same to be assessed upon and collected of the taxable property of said district, in the same manner as other taxes are by law assessed and collected; and, when so collected, the same shall be paid over, by an order upon the collector or treasurer to the officers entitled to receive the same.

2 The provision of subdivision 1 of this section shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the Commisioner of Education.

§ 860 Appeal to county judge. 1 Whenever any officer mentioned in section 859 shall have complied with the provisions of such section and the meeting shall have refused to direct the trustees to levy a tax for the payment of the costs, charges and expenses claimed by him, such officer shall immediately give notice to such meeting that he will appeal to the county judge of the county in

which such district is located from the refusal of said meeting to vote a tax for the payment of such claim.

2 Within ten days after the refusal of the meeting to allow such claim such officer shall serve upon the clerk of the district or, if there be no district clerk, upon the town clerk of the town an itemized statement of his claim, duly verified, together with a written notice that on a certain day named therein such officer will present such claim to the county judge for settlement.

3 The clerk upon whom such notice and claim are served shall file the same in his office and such notice and claim shall be subject to the inspection of any of the inhabitants of the school district.

4 The meeting at which notice of the intention of such officer to appeal to the county judge is given or any subsequent district meeting, duly called, may appoint one or more of the legal voters of such district or authorize the trustee to employ counsel to appear before the county judge at the time fixed for a hearing on such claim and protect the rights of the district upon such settlement. The expenses incurred in the performance of this duty shall be a charge upon the district and the trustees upon a presentation of the account of such expenses with proper vouchers therefor shall pay the same from any available funds in the district or include the necessary amount in a tax-list to be levied upon the district.

5 A refusal of the trustees to levy such tax for the payment of such expenses shall be subject to an appeal to the Commissioner of Education.

§ 861 Hearing before county judge. 1 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 presented by the parties, and decide by order whether or not the the account, or any and what portion thereof, ought justly to be charged upon the district, with costs and disbursements to such officer.

2 Such 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 wilful 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.

§ 862 Duty of trustees to carry out order. It shall be the duty of the trustees of any school district, within thirty days after service upon them or upon the district clerk of a copy of an order of the county judge and notice thereof to them or any two of them, to cause the same to be entered at length in the book of record 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.

ARTICLE 33-A

[Added by L. 1917, ch. 786, in effect June 8, 1917]

Board of Education in the Several Cities of the State

Board of education

Board of education; eligibility; how chosen; term of office; vacancies

Meetings of board of education

Section 865

866

867

868

869

870

Powers and duties of superintendent of schools

871

Powers and duties of board of education

Superintendent of schools

Board of examiners

871-a Bureau of compulsory education, school census and child

welfare

872 Appointment of associate, district or other superintendents, teachers, experts and other employees; their salaries, et cetera 872-a Retirement of employees of board of education

880

881

Funds; custody and disbursement of

Continuation in office of Loards, bureaus, teachers, principals and other employees

§ 865 Board of education. 1 A board of education is hereby established in each city of the State. The educational affairs in each city shall be under the general management and control of a board of education to consist of not less than three and not more than nine members, to be chosen as hereinafter provided, and to be known as members of the board of education. The number of members on the board of education of each city shall be as follows: a A city having nine members or less on its board of education shall continue to have such number of members on said board as such board contains at the time this law goes into effect.

b A city having a population of one million or more shall have a board of education to consist of seven members.

c In all other cities of the State the number of members of the board of education shall be nine.

2 A board of education in office at the time this law goes into effect except as hereinafter provided shall continue in office and possess the powers and duties of a board of education under this article until its successor shall be chosen as provided herein.

3 Except as otherwise provided in this act the provisions of this act shall apply to and govern the operation and administration of the public school system and other educational affairs in a city which is created after this act goes into effect. The authorities in charge of the operation and administration of the schools and other educational affairs of the school districts included within such city at the time the act creating such city goes into effect shall continue in charge thereof until the first Tuesday in May thereafter. On such first Tuesday in May a board of education consisting of five members shall be elected at the annual school election in accordance with the provisions of this chapter. One member of such board shall be elected for one year, one member for two years, one member for three years, one member for four years, and one member for five years from the said first Tuesday of May. As their terms expire their successors shall be chosen for a full term of five years. [Added by L. 1917, ch. 786, and amended by L. 1919, ch. 299, in effect May 3, 1919.]

4 In a city of the third class, created or to be created by the consolidation of two cities situated, respectively, in two adjoining counties, in which, at the time of the creation of such consolidated city, a school district shall be coterminous with the boundaries of one such city and there shall be in the other city a school district wholly within its boundaries but not coterminous therewith, such districts shall constitute the city school district of such consolidated city, and the board of education thereof shall be a city board of education, within the meaning of this article, but such board shall be constituted and organized as provided in this subdivision. The terms of office of the members of the respective boards of education of the two districts so consolidated shall expire thirty days after the first mayor of such new city takes office. Within such period of thirty days after the first mayor of such new city takes office he shall appoint a board of education for such consolidated district, to consist of five members whose terms of office shall begin thirty days after such mayor takes office. The terms of office of

the members of such board of education shall be respectively one, two, three, four and five years, except that the term of office shall end on the first Tuesday in May in each year. As their terms of office expire their successors shall be appointed by the mayor of such city for a full term of five years each. [Added by L. 1919, ch. 299, in effect May 3, 1919.]

§ 866 Board of education; eligibility; how chosen; term of office; vacancies. 1 No person shall be eligible to the office of member of a board of education who is not a citizen of the United States and who has not been a resident of the city for which he is chosen for a period of at least three years immediately preceding the date of his election or appointment.

2 In a city having a population of one million or more and divided into boroughs, there shall be a board of education consisting of seven members. Two members of such board shall be residents of the borough having the largest population, two shall be residents of the borough having the second largest population, and one shall be a resident of each of the other boroughs in such city. The mayor shall appoint such members on the first Wednesday in January 1918, and in appointing them shall designate the terms of office of such members so that the term of one member shall expire on the first Tuesday in May 1919; one on the first Tuesday in May 1920; one on the first Tuesday in May 1921; one on the first Tuesday in May 1922; one on the first Tuesday in May 1923; one on the first Tuesday in May 1924; and one on the first Tuesday in May 1925. Their successors shall be chosen for full terms of seven years. Thereafter, as vacancies occur on such board they shall be filled from the several boroughs so that each borough shall always be represented on such board as required under this subdivision. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term.

3 In each city in which the law provides, prior to the time this article goes into effect, that the members of the board of education shall be chosen by vote of the people at an election separate from the general or municipal election, the members of the board of education of that city shall hereafter be elected by the voters at large at the annual school election.

4 In each city in which the law provides, prior to the time this article goes into effect, that the members of the board of education shall be chosen by vote of the people at a general or municipal election, the members of such board of education shall continue to be