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iting the site of the school house, the roads, the old and new lines of districts, the different lots, the particular location and distance from the school-houses, of the persons aggrieved; and their relative distance, if there are two or more school-houses in question. Also, a list of all the taxable inhabitants in the district or territory to be affected by the question; the valuation of the property taken from the last assessment roll, and the number of children between five and sixteen belonging to each person, distinguishing the districts to which they respectively belong.
XXIII. When the copy of the appeal is served, all proceedings upon or in continuation of the act complained of, or consequent in any way upon such act, must be suspended until the case is decided. So where any decision concerning the distribution of public money to one or more districts is appealed from, the town superintendent must retain the money which is in dispute until the appeal is decided. And where trustees have money in their hands claimed to belong to any person, or any other district, after the copy of an appeal is served on them in relation to such claim, they must retain such moneys to abide the result, and must not expend them so as to defeat the object of the appeal.
XXIV. Whenever a decision is made by the superintendent, and communicated to the town superintendent of common schools, respecting the formation, division or alteration of districts, he must cause the decision to be recorded in the office of the town clerk. All other decisions communicated to him, or to the trustees of districts, are to be kept among the official papers of the clerk of the town or district and handed over to his successors; and the district clerks are required to record all such as come to their hands in the district book kept by them.
Note.—By a clerical error in the engrossment of the 16th section of Chap. 382 of the laws of 1849, section 132 of Chap. 480, laws of 1847, conferring appellate jurisdiction on the State Superintendent of Common Schools, was inadvertently repealed. The Superintendent has, however, continued to entertain appeals in accordance with the regulations above inserted, where such appeals have been submitted by the parties respectively, to his decision. A bill correcting the error in the act of 1849, passed the Assembly at its last session, and was supposed to have passed the Senate, at the time of the passing of these sheets through the press, in consequence of which, the original section (132) relating to appeals was restored. As there can be little doubt that this section will be re-instated at the ensuing session of the Legislature, it has been deemed expedient to retain that portion of the instructions relating to appeals, with this explanatory note.
LOCAL LAWS AND REGULATIONS,
IZawsof 1844, Chap. 128.]
'§ 1. The mayor and recorder of the city of Albany, and the Regents of the University residing in said city, shall, without delay, appoint nine persons, residents of the city of Albany, to be denominated a Board of Commissioners of the District Schools of the city of Albany, who shall be divided by lot into three classes, to be numbered one, two and three: the term of office of the first class shall be one year, from the first day of June next; of the second, two; and of the third, three years from that day: and three commissioners shall thereafter annually be appointed by the said mayor and recorder of the city of Albany, and the regents of the university residing in said city, in place of those whose terms of office shall expire, who shall Jiold their office for three years, and until their successors be duly appointed. In case of a vacancy in the office of either of the commissioners, during the period for which he or they shall have been respectively appointed, the said mayor and recorder of the city of Albany and the regents of the university residing in the said city, shall fill such vacancy, and the person or persons so appointed to fill such vacancy, shall hold the office only for the unexpired term so becoming vacant.!
§ 2. Any member of said board of commissioners may be removed, for ■cause, from office, by a vote of two-thirds of the persons authorized by the preceding section to appoint such commissioners; and any vacancy so made shall be filled in the manner already provided.
§ 3. The board of commissioners shall have power to appoint one of their number president of said board, who shall have the powers usually incident to such office; and said board shall have power, and it shall be their duty, to appoint a secretary to said board, who shall perform such duties as the said board from time to time may direct, and who shall receive therefor such compensation, not exceeding one hundred and fifty dollars annually, as the said boprd shall provide, out of any moneys remaining unexpended in the hands of said board.
§4. The board of commissioners shall have power, and it shall be their duty, to contract with and employ the teachers of the district schools of' said city; to remove any teacher upon manifest neglect of duty, or upon violation of his or her contract; to appoint a collector for the said district schools; to make out rate bills and exempt indigent children therefrom; to» select and introduce uniform class books into said schools; to supply indigent pupils with said class books, by using and appropriating for that purpose a portion of the library money, not exceeding three hundred dollars in any one year; to appropriate and use, for the purpose of keeping in repair the several libraries of said district schools, for mcreasing the same, and for
Eurchasing maps and apparatus for said schools, a farther portion of said library money, not exceeding three hundred dollars annually; to provide for the instruction of the pupils of said district schools in vocal music, by appropriating a farther portion of said library money, not exceeding four hundred dollars annually; to secure, with whatever may remain unexpended of said library money, the education of such number of indigent pupils from said district schools, in either of the academies or in any normal school of said city, by paying for their tuition therein, as the common council of said city may sanction; but all children so educated shall have been members of ftaid district schools for at least two years; and neither of such academies shall receive from the distribution of the literature fund, any sum for or on account of such pupils; and such academies shall, in their annual report to the regents of the university, state the number of such pupils taught therein; and no portion of said unexpended money shall be so appropriated until the ordinary expenses of said district schools for libraries and tuition are first satisfied; to visit the district schools as often as once a quarter; to hold a meeting of the board once a month, and at the quarterly meetings of said board to require the presence and reports of the several principal teachers of said schools; to make a semi-annual report of all the acts of said board to the common council, and to make and publish an annual report in two of the daily papers of said city; and generally to possess the powers, discharge the duties and be subject to all of the obligations of the several trustees and other school officers of the said city of Albany, as granted and imposed by the several acts now in force in relation to said district schools of said-city.
§ 5. The board of commissioners shall have power, and it shall be their duty, to make such by-laws and regulations as may be necessary for the prosperity, good order and sound discipline of said district schools; for the security and preservation of the school-houses and other property belonging to said districts; and generally to carry into effect the provisions of the several school acts of said city; and when said by-laws and regulations are sanctioned by the persons authorized by this act to appoint said commissioners, they shall take effect, and not before.
§6. All school moneys whatsoever, belonging to said district schools, whether received from the State, raised by tax, or collected on school rates, shall be deposited with the Chamberlam of said city, until drawn, from time to time, by duly certified orders of said Board of Commissioners; and said orders shall set forth the object of each payment, and be signed by the officers of said board. Provided always, that nothing in this act shall be so construed as to authorize said board to incur any obligation that shall increase the taxes of said eity.
[Lctm of 1845. Chap. 245.]
§ 1. The Board of Commissioners of the Albany district schools are hereby authorized to apply any library money, not expended under the fourth section of the act entitled, " An Act amendatory to the several acts relating to* , district schools in the city of Albany," passed April 8, 1844, either to th& payment of teachers' wages, or to the contingent expenses of the district; schools of said city*
[Laws 6/1837. Chap. 21 3.]
§ 9. The school buildings and lots on which the same are erected, now belonging to, or that may hereafter belong to any school district in said city of Albany, shall be exempt from all taxes or assessments. [Laws o/183l Chap. 358.] § 2. The Commissioners of common schools shall apportion annually, on the returns of qualified teachers, for the instruction of the children in the Albany Orphan Asylum for destitute children, their proportion of the publie money for the support of schools; which money, when so apportioned and paid to the trustees of the district, shall be paid to such teachers for teachers' wages.
[Laws of 1837. Chap. 369.]
§ 9. The Supervisors of the county of Albany, at their annual meeting in each year, shall cause a sum of money, equal to twice the amount of th© money apportioned to the city from the common school fund, together with collector's fees, to be raised, levied and collected in the same manner that other taxes are raised, levied and collected; and when so raised, to be paid to the Chamberlain, for the support of common schools in the city of Albany, to be apportioned and distributed, as now provided for by law.
§ 2. All moneys apportioned by the commissioners of common schools to the trustees of a district which shall have remained in the hands of the Chamberlain for one year after such apportionment, by reason of the trustees neglecting or refusing to receive the same, shall be added to the moneys next thereafter to be apportioned by the commissioners, and shall be apportioned and paid therewith and in the same manner.
§ 3. No school district now formed, or hereafter to be formed, east of Perry street, shall have power to hold a district school meeting, to vote a tax, or to do any act as a district meeting; nor shall have power to sell or dispose of the district property, without a legislative enactment.
[Laws of 1850. Chap. 349.]
§ 1. Title eight of an act to incorporate the city of Auburn, passed March 21, 1848, is hereby repealed.'
§ 2. The offices of the several trustees, clerks, collectors and librarians of school districts, in the city of Auburn, shall cease on the third Tuesday in April, one thousand, eight hundred and fifty, in like manner as if the same had expired by lapse of time. The inhabitants of said city, qualified to vote at school district meetings, shall assemble in their respective school districts on the day last mentioned, at the school house in such district, and choose one trustee and a clerk of the district, who shall hold their respective offices until the next annual district meeting in the district, for which they shall be respectively chosen, and until their successors shall have been severally chosen. Such annual district meeting shall hereafter be holden in the several districts in said city, on the second Monday in March in each year; and from and after the passage of this act, only one trustee shall be chosen annually in any school district in said city.
§ 3. The trustee elected in any district in said city, shall have the power and it shall be his duty, to call special meetings of the inhabitants of such districts liable to pay taxes, whenever he shall deem it necessary or proper to give notice of special, annual and adjourned meetings, in the manner prescribed in this act, if there be no clerk of the district, or he be absent or incapable of acting, or shall refuse or neglect to give such notice; to visit th$ schools kept in the district as often as once ir each quarter, and to report the condition of the same, with such suggestions for the improvement thereof as he may deem proper, to the board of education hereinafter named, and to perform such other duties as may be from time to time imposed upon him by the said board of education.
§ 4. It shall be sufficient notice of an annual, special, adjourned or first district meeting, to affix such notice on the outer door of the district school house, if there be any, and\to post a copy of the same in three other public places in such district—the affixing and posting of such notice to be done at least ten days before such meeting, and no other notice of any such meeting need be given, . x
§ 5. It shall be the duty of the clerk of each school district to record the proceedings of his district in a book to be provided for that purpose by the said board of education; to give notice in the manner provided in the last preceding section, of the time and place of every annual district meeting or special district meetings, when ordered by the trustees of the district, and of any adjourned district meeting, when the same shall be adjourned for a longer period than one month; to keep and preserve all records, books and papers belonging to his office, and to deliver the same to his successor in office.
§ 6. Any vacancy in the office of district clerk may be supplied by the trustee of the district in which such vacancy shall happen, but the person appointed to supply such vacancy shall hold the office only for the unexpired term.
§ 7. The term of office of the superintendent of common schools in said city shall cease on the third Tuesday of April, one thousand eight hundred and fifty, in the same manner as if the same had expired by lapse of time. The common council of said city, at the last regular meeting thereof, next preceding the third Tuesday of April next, shall appoint by ballot a supermtendent of common schools, who shall hold his office until the second Monday of March, one thousand, eight hundred and fifty-two. The common council of said city, at the annual meeting thereof, held on the second Monday of March, 1852, and as often thereafter as the term of office of such superintendent of common schools shall expire, shall appoint a superintendent of common schools for said city, who shall hold his office for two years, and until a successor shall be appointed. The superintendent of common schools so appointed, shall possess all the powers and be subject to all the duties and responsibilities of superintendents of common schools in towns, so far as the same are applicable, except as otherwise provided in this act; in case of a vacancy in such office, the common council of said city shall supply the same by appointment, for the unexpired term.
§ 8. The common council of said city shall, at the last regular meeting thereof, next preceding the third Tuesday of April, one thousand eight hundred and fifty, appoint one school commissioner m each of the wards of said city, who shall be residents of the wards for which they are respectively appointed; immediately upon the appointment of such school commissioners, the city clerk shall, in the presence of the common council, divide them by lot into four classes, to be numbered one, two, three, four. The term of office of the first class shall expire on the first Monday succeeding the first Tuesday in April, 1851; the second class in one year thereafter; the third in two years, and the fourth in three years, and one commissioner only shall thereafter be annually appointed, who shall be appointed at the annnal meeting of the common council, held on Monday next succeeding the annual election, and who shall be a resident of the same ward with the school commissioner whose term of office shall then expire, who shall hold his office for four years, and until a successor shall be duly appointed In case of a vaeancv in the office of either of the commissioners, the common council shall appoint a successor, who shall be a resident of the ward in which such vacaney shall occur, for the unexpired term.
§ 9. The trustees of the several school districts so elected, and the school commissioners so appointed, together with the mayor and superintendent of schools of said city, shall constitute and are hereby denominated the board of education for the city of Auburn. They shall meet on the first Tuesday of each and every month, and as much oftener as they shall from time to time appoint. A majority of the said board shall constitute a quorum for