entitled, and to the residue of the county the part to which it shall appear to be so entitled. If the census according to which the apportionment should be made, does not show the sum of the population of any county or city, the superintendent shall, by the best evidence he can procure, ascertain and determine the population of such county or city at the time the census was taken, and make his apportionment accordingly. neighbor § 9. The superintendent shall apportion to each separate separate neighborhood which shall have duly re-ho ported, such fixed sum as will, in his opinion, be equitably equivalent to its portion of all the state school moneys upon the basis of distribution established by this act; such sum to be payable out of the contingent fund hereinbefore established. tendent cuse neg plemental ment. § 10. Whenever any school district or separate Superinneighborhood shall have been excluded from partici- may expation in any apportionment made by the super- lect and intendent, or by the school commissioners, by rea- make supson of its having omitted to make any report re- apportionquired by law, or to comply with any other provision of law, or with any rule or regulation made by the superintendent under the authority of law, and it shall be shown to the superintendent that such omission was accidental or excusable, he may, upon the application of such district or neighborhood, make to it an equitable allowance; and if the apportionment was made by himself, cause it to be paid out of the contingent fund; and, if the apportionment was made by the commissioners, direct them to apportion such allowance to it, at their next annual apportionment, in addition to any apportionment to which it may then be entitled. excess claimed by § 11. If money to which it is not entitled, or a Moneys aplarger sum than it is entitled to, shall be apportioned portioned to any county, or part of a county, or school district, may be reand it shall not have been so distributed or appor- the supertioned among the districts, or expended, as to make intendent. it impracticable so to do, the superintendent may reclaim such money or excess, by directing any officer in whose hands it may be, to pay it into the state treasury, to the credit of the free school fund; and Deficiencies to be supplied mental apportion ment. the state treasurer's receipt, countersigned by the superintendent, shall be his only voucher; but if it be impracticable so to reclaim such money or excess, then the superintendent shall deduct it from the portion of such county, part of a county or district, in his next annual apportionment, and distribute the sum thus deducted, equitably among the counties and parts of counties, or among the school districts in the state entitled to participate in such apportionment, according to the basis of apportionment in which such excess occurred. 12. If a less sum than it is entitled to shall have been apportioned by the superintendent to any by supple county, part of a county or school district, the superintendent may make a supplementary apportionment to it, of such a sum as shall make up the deficiency, and the same shall be paid out of the contingent fund, if sufficient, and if not, then the superintendent shall make up such deficiency in his next annual apportionment. To certify clerk, treasurer, com missioner, etc. § 13. As soon as possible after the making of any annual or general apportionment, the superintendent shall certify it to the county clerk, county treasurer, school commissioners and city treasurer or chamberlain, in every county in the state; and if it be a supplemental apportionment, then to the county clerk, county treasurer and school commissioners of the county in which the neighborhood or the schoolhouse of the district concerned is situate. * 14. The moneys. so annually apportioned_by the superintendent shall be payable on the first day of April next after the apportionment, to the treasurers of the several counties and the chamberlain of the city of New York, respectively; and the said treasurers and the chamberlain shall apply for and receive the same as soon as payable. *As amended by sec. 10, chap. 567, Laws of 1875. SECOND ARTICLE. Of trusts for the benefit of common schools, and of town school funds, fines, penalties and other moneys held or given for their benefit. personal trust for of com mon schools. § 15. Real and personal estate may be granted, Real and conveyed, devised, bequeathed and given in trust estate and in perpetuity or otherwise, to the state, or to given in the superintendent of public instruction, for the sup- the benefit port or benefit of the common schools within the state, or within any part or portion of it, or of any particular common school or schools within it; and to any county, or the school commissioner or commissioners of any county, or to any city or any board or officers thereof, or to any school commissioner district or its commissioner, or to any town or supervisor of a town, or to any school district or its trustee or trustees, for the support and benefit of common schools within such county, city, school commissioner district, town or school district, or within any part or portion thereof respectively, or for the support and benefit of any particular common school or schools therein. invalid for or § 16. No such grant, conveyance, devise or bequest Trusts not shall be held void for the want of a named or com- want of petent trustee or donee, but where no trustee or trustee donee, or an incompetent one is named, the title and trust shall vest in the people of the state, subject to its acceptance by the legislature, but such acceptance shall be presumed. ture to late trusts. § 17. The legislature may control and regulate the Legisla execution of all such trusts; and the superintendent control of public instruction shall supervise and advise the and regutrustees, and hold them to a regular accounting for Superinthe trust property and its income and interest, at tendent to such times, in such forms, and with such authentica- trustees to tions, as he shall from time to time prescribe. require account. officers 18. The common council of every city, the board Certain of supervisors of every county, the trustees of every and boards village, the supervisor of every town, the trustee or trusts, etc., trustees of every school district, and every other offi- to superin to report tendent. Gospel and school lots. Moneys in the hands of overseers of the poor. Superin report to ture. cer or person who shall be thereto required by the superintendent of public instruction, shall, on or before the thirtieth day of September next, report to him whether any, and if any, what trusts are held by them respectively, or by any other body, officer or person, to their information or belief for school purposes, and shall transmit therewith an authenticated copy of every will, conveyance, instrument or paper embodying or creating the trust; and shall, in like manner, forthwith report to him the creation and terms of every such trust subsequently created. $ 19. Every supervisor of a town shall, by the thirtieth day of September next, report to the superintendent whether there be, within the town, any gospel or school lot, and, if any, shall describe the same, and state to what use, if any, it is put by the town; and whether it be leased, and if so, to whom, for what term and upon what rents; and whether the town holds or is entitled to any land, moneys or securities arising from any sale of such gospel or school lot, and the investment of the proceeds thereof, or of the rents and income of such lots and investments, and shall report a full statement and account of such lands, moneys and securities. § 20. Every supervisor of a town shall in like manner, by the thirtieth day of September next, report to the superintendent whether the town has a common school fund originated under the "act relative to moneys in the hands of overseers of the poor,' passed April 27, 1829, and, if it have, the full particulars thereof, and of its investment, income and application, in such form as the superintendent may prescribe. 21. In respect to the property and funds in the tendent to two last sections mentioned, the superintendent shall, the legisla at the next session of the legislature, and annually thereafter, include in his annual report a statement and account thereof. And, to these ends, he is authorized, at any time, and from time to time, to require from the supervisor, board of town auditors, or any officer of a town, a report as to any fact, or any information or account, he may deem necessary or desirable. and fines and appor. tioned. § 22. Whenever, by any statute, a penalty or fine Penalties is imposed for the benefit of common schools, and how paid not expressly of the common schools of a town or school district, it shall be taken to be for the benefit of the common schools of the county within which the conviction is had; and the fine or penalty, when paid or collected, shall be paid forthwith into the county treasury, and the treasurer shall credit the same as school moneys of the county, unless the county comprise a city having a special school act, in which case he shall report it to the superintendent, who shall apportion it upon the basis of population by the last census, between the city and the residue of the county, and the portion belonging to the city shall be paid into its treasury. torney to penalties visors. § 23. Every district attorney shall report, annually, District at to the board of supervisors, all such fines and penal- report ties imposed in any prosecution conducted by him Anes and during the previous year; and all moneys collected to superor received by him or by the sheriff, or any other officer, for or on account of such fines and penalties, shall be immediately paid into the county treasury, and the receipt of the county treasurer shall be a sufficient and the only voucher for such money. § 24. Whenever a fine or penalty is inflicted or imposed for the benefit of the common schools of a town or school district, the magistrate, constable or other officer, collecting or receiving the same, shall forthwith pay the same to the county treasurer of the county in which the school-house is located, who shall credit the same to the town or district for whose benefit it is collected. If the fine or penalty be inflicted or imposed for the benefit of the common schools of a city having a special school act, or of any part or district of a city, it shall be paid into the city treasury. Fines and penalties to whom paid. 25. Whenever, by this or any other act, a pen- Penalties alty or fine is imposed upon any school district districts. officer for a violation or omission of official duty, or upon any person for any act or omission within a school district, or touching property or the peace and good order of the district, and such penalty or fine is declared to be for, or for the use or benefit of |