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the transaction of business. The mayor shall be the president of such board and shall have power to call special meetings thereof, in the manner provided by law for calling special meetings of the common council. In the absence of the mayor, the said board shall appoint some other member to preside at such meetings, and perform the duties of the president. The superintendent of common schools shall be the clerk of such board; he shall attend the meetings and keep a record of the proceedings of the said board ; he shall possess all the powers and be required to perform all the duties, in reference to the schools of said city, of town superintendents of common schools, except as otherwise in this act provided, and shall perform such other duties as the said board shall from time to time prescribe. § 10. The board of education shall fix the compensation of the superintendent of common schools, for his services as clerk of such board, not exceeding one hundred dollars per year, and for such other services as he may perform otherwise than as such clerk, he shall be entitled to the same compensation as provided by law for town superintendents of schools for similar services, and his account therefor shall be audited by such board and paid by the city treasurer, out of the moneys in this act specified as the common school fund, and not otherwise. § 11. The said board of education shall possess all the powers conferred by law upon town superintendents of common schools, as to the formation and alteration of school districts within said city, except that in arranging such districts, no territory without the limits of said city shall be included, nor shall any territory within said city belong to or be taxed in any school district of any adjoining town; and shall possess all the powers and be subject to all the duties and responsibilities of trustees of common schools in towns, as to the several common or district schools within said city, so far as the same are applicable, except as otherwise in this act provided, and shall have the custody of all the property, real and personal, belonging to or owned by the several school districts, and shall pay the compensation of the teachers of the said schools, and all other necessary and contingent expenses incurred in the support thereof; and shall appoint librarians to take charge of the several district libraries, who shall be subject to the control and hold their offices during the pleasure of such board; and shall have the power and it shall be their duty to pass such by-laws and ordinances for the regulation, government, control and management of the common schools in said city, and of the teachers and pupils of such schools, and of the officers of the several school districts in said city, and for the safe-keeping, disposition and management of the libraries, maps and apparatus appertaining to such schools, and to regulate the text books used in such schools, as they shall deem expedient; and said board may prescribe a penalty for a violation of any ordinance or by-law authorized by this act, not exceeding ten dollars; and any such penalty may be sued for and recovered with costs, in the name of the mayor and common council of the city of Auburn; and the said board may subject the parent or guardian of any minor, and the master or mistress of any apprentice or servant, to any such penalty for a violation of any such ordinance or by-law, by any such minor, apprentice or servant, § 12. All penalties collected by virtue of this act shall be paid to the city treasurer, and by him deposited to the credit of the common school fund. - . § 13. The clerk of the board of education shall keep a record of all bylaws and ordinances which shall be passed by said board, and the same shall be published and take effect, and be proved and read in evidence, in like manner as ordinances passed by the common council of the city of Auburn; a record or entry made by the said clerk at the time of the first publication of any ordinances, or a copy thereof duly certified by him, or the affidavit of the printer or publisher, shall be presumptive evidence of the publication thereof, in all courts and places. & - . . t § 14. Whenever the inhabitants of any school district shall, by vote, determine to build a schoolhouse, it shall be the duty of the said board of education to fix the site of the said-school house, and determine the sum necessary to be raised for the purchase of such site and the building of said school house, and report the same to the common council, which sum shall in no ease exceed the sum of three thousand dollars. § 15. It shall be the duty of the common council to levy and raise upon the said district the sum so reported, pursuant to the last section, in the same manner as the general taxes of the city are levied or raised, except that the same shall be collected on a separate warrant, and when the same shall be collected it shall be paid to the city treasurer, and deposited to the credit of the board of education; and no part thereof shall be appropriated by said board otherwise than for the purchase and improvement of such site and the erection of such school-house, with the appurtenances. § 16. The said board of education shall annually, on or before the first day of June, fix and determine, and certify and report to the common council, the amount of money which, when added to the money annually apportioned to the city of Auburn, or to the several school districts comprised therein, out of the funds belonging to the state, shall be necessary to defray the expenses of all the common or district schools in said city for the ensuing year, for fuel, furniture, school apparatus, repairs and insurance of school-house, teachers' wages and contingent expenses, and also to defray the expenses of a School for colored children, as hereinafter provided; and to pay the compensation of the clerk of the board of education, and the contingent expenses of such board. The amount so certified shall in no case exceed five times the amount which shall have been apportioned out of the funds belonging to the state as aforesaid, for the year next preceding. . - . . § 17. The common council of the said city shall annually levy and raise the amount of money so certified and reported by the board of education, and the said amount so to be raised shall be levied and collected at the same time and in the same manner as the other general taxes of the said city are levied and raised, and in addition thereto; but the warrant issued to the collector for the collection of such taxes shall specify what amount of such taxes shall be paid to the treasurer for general city purposes; and what part as a fund for the support of schools. § 18. All moneys levied and raised for the support of common schools, together with the public money received from the state, shall be paid to the treasurer of the city of Auburn, and shall by him be kept separate and distinct from the other moneys of said city, and shall be known and distinguished as the common school fund, and shall be paid out by the treasurer, only upon an order drawn upon him, and signed by the president and countersigned by the clerk of said board of education; and no such order shall be drawn except by virtue of a resolution of the board. Such order shall specify for what urpose the amount specified therein is to be paid, and the clerk of such .. shall keep an accurate account, under the appropriate heads of expenditure, of all orders drawn on the treasury, in a check book, to be kept by him for that purpose. . . . . . . . § 19. The board of supervisors of Cayuga county shall not have power to levy any tax upon the city of Auburn, for the support or on account of common schools. - - $ 20. The said board of education shall exclusively audit all accounts and claims against any school district, or which have accrued on account of any district school in said city, and the payment of the same or of such parts thereof as shall be allowed by the said board, shall be made directly to such claimants by the city treasurer, out of the moneys belonging to the common school fund, upon the order of said board, as hereinbefore provided; but the aggregate of the expenditures and contracts of the said board during any year shall not exceed the amount of moneys which shall be subject to their order during the then current year. . . - : § 21. Whenever, from the annual estimate presented to the common council by said board of education, it shall appear that the expenses of any school district for the ensuing year, exclusive of teachers' wages, will exceed the sum of fifty dollars, the common council may, in their discretion, order the amount of such excess to be levied and assessed upon and collected from such district, in the manner hereinbefore provided for raising moneys to build a school house; and such moneys, when so collected, shall be paid to the city treasurer, and be by him placed to the credit of the said board of education, and shall by said board be expended solely for the benefit of such district. . - w
$22. The said board of education shall have power to establish and cause to be kept in said city, a school for the instruction of colored children, as they shall deem expedient, and the said board shall have and exercise all the powers in relation to such school, of trustees of school districts in towns, so far as applicable, - - - .
§ 23. Whenever the said board of education shall determine to establish a school for the instruction of colored children, they shall make an estimate of the expense of erecting a suitable school-house therefor, and determine the site thereof, and report such proceedings to the common council. -
§ 24. The common council shall have power to raise by general tax, in the manner hereinbefore provided, and on a separate warrant, or in addition to the general city tax, such sum as shall be necessary to purchase such site and build such school-house, not exceeding three thousand dollars; or, the said common council may refuse to raise such tax. In case the common Gouncil shall refuse to raise such tax, the said board of education shall have power to provide and lease a suitable room or building, for the accommodation of such school, but the annual expenditure for this purpose shall not exceed the sum of one hundred dollars—the same to be paid from the common school fund. - *:2
§ 25. All teachers of common schools in said city shall be employed by the city superintendent of common schools, and the trustees of the district for which such teacher or teachers shall be employed; but no appointment or employment of any such teacher shall be valid beyond the first regular meeting of the board of education thereafter, unless such appointment shall be approved by such board; and all contracts made with teachers by said superintendent and any trustee, shall be subject to the provisions of this act; and such contract shall cease to be binding on the rejection of such teacher by the board of education. $26. The said board of education may remove any teacher for cause, to be specified in the minutes of the proceedings of the said board; and in case of any such removal, any contract with any such teacher shall cease, and another teacher shall be employed in the manner provided in the last preceding section. § 27. To the first annual estimate of school expenses presented by the board of education to the common council, the said board shall add the present indebtedness of every school district within said city, for any of the eauses specified in section (16) sixteen of this act, or which may necessarily accrue therefor, previous to the time of presentation of such first estimate, and such additional amount shall be raised in like manner as the other moneys stated in said estimate, and shall be paid into and compose a part of the common school fund; and the said board shall assume and pay such indebtedness out of the monies so received. . § 28. The said board of education shall annually publish in some newspaper in said city, a statement of the number of common schools in said city, and the number of pupils instructed therein, the total amount of moneys received for school purposes, with the sources thereof, and the expenditures on account of each school, specifying as near as may be the items of such expenditures. § 29. An appeal may be taken to the state superintendent of common schools from any proceeding of the said board of education, in the formation or alteration of any school district, in the same manner and for the same. causes as appeals may be taken from the proceedings of town superintendents of common schools. • - - .
§ 30. All titles taken to real estate to be used for school purposes, with the exception of a site for a school house for colored children, shall be taken in the name of the trustees of the district in which such real estate shall be situated, in his official name; and any real estate now or hereafter owned by any school district, may be sold by the trustees of such district, upon a vote of the inhabitants of said district, and with the approval of the said board of education ; and the avails of such real estate shall be paid to the city treasurer, and be by him placed to the credit of the board of education, and by said board appropriated exclusively to the benefit of such district.
§ 31. The treasurer and collector of the city of Auburn shall respectively, with their sureties, be liable on their official bonds for any default, delinquency, neglect or misconduct in the duties with which they may be respectively charged, under and by virtue of this act, in the same manner and with the like effect as for any other official default, delinquency, neglect or misconduct.
§ o All acts and parts of acts inconsistent with this act are hereby re
ealed. * p § 33. This act shall take effect immediately,
§ 1. The common council of the city of Brooklyn shall, on the first Monday of February after this act becomes a law, appoint thirty-three persons, residents of said city, one of whom at least shall reside in each school district thereof, who together shall constitute a board of education. It shall then divide the said board into three equal classes, each class containing eleven members, and shall determine by lot their respective terms of office, so that the first class shall serve one year, the second two years, and the third three years. In each year thereafter, the said common council shall appoint eleven members of said board, care being had to preserve the representation of at least one member from each school district, whose term of office shall continue three years: and in case a vacancy shall at any time occur in said board, the said council shall supply the same. The persons so appointed shall be re-eligible, and shall hold office until their successors are appointed and shall have qualified. . § 2. The board of education shall have the entire charge and direction of all the public schools of said city, and of the school moneys raised for the support of the same, and shall possess the powers and be subject to the general duties of trustees of common schools in this state, so far as the same are not impaired or affected by this act. It shall annually choose a presiding officer, make its own by laws, keep a journal of its proceedings, define the duties of its officers and committees, and prescribe such rules and regulations for instruction and discipline in the said public schools as are not inconsistent with the laws of the state; and all the provisions of the act relating to resignations and expulsions in the common council shall be applicable to the board of education. - . § 3. The whole city shall be a school district for all purposes of taxation as well for the purchase of school sites and the building and repairing of school houses, as for the annual support of schools; but shall be divided by the board of education into as many districts as there are schools, for the . of determining the limits within which children may attend such schools. ...A §4. The board of education shall have power to organize and establish, schools for colored children, and such evening schools as it may, from time to time, deem expedient, and shall adopt the necessary rules for the government of the same. It may make use of the public school houses under its charge for such evening schools, and the expenses of said schools shall be so out of the general fund, in the same manner as those of the other pubic schools. No person shall be prohibited from attending the evening schools on account of age. - * § 5. The board of education shall appoint a city superintendent of common schools, who shall, ex-officio, be the secretary of the board. In addition to such other duties as may be devolved upon him by the board, in the visitation and superintendence of the schools, he shall examine the qualifications of teachers and grant certificates, in such manner and form as may be prescribed by the state superintendent, which shall not be in force longer than a year, and may at any time be revoked by the board of education. He shall also make such annual and other reports of the condition of the schools and of other matters as may be required by law or by the said board. He shall be paid a salary out of the general fund, to be fixed b the board, and may be removed from office by the vote of a majority of o the members of the board of education. ^. § 6. The treasurer of the city shall be, ex-officio, the treasurer of the board of education, and shall receive to the credit of said board, from the county treasurer, the amount of school money to which the city is entitled from the state appropriation, together with such amount as is raised by the board of supervisors to entitle the city to its distributive share of the school moneys of the state, and from the city collector the money raised by tax for the support of schools; and he shall disburse the same only by ão order and upon the warrant of the board of education, drawn in favor of the person entitled to payment, signed by the presiding officer of the board, and countersigned by its secretary. . . . . § 7. The treasurer shall give such bonds for the faithful performance of his duty as the common council may require, and shall report monthly to the board of education his receipts and expenditures, with the balance remaining on hand to the credit of the board, and such other information in relation thereto as the board of education may, from time to time, reUll!"(2. Q. $ 8. The board of education shall provide for taking an annual census of all the children of the city, on the thirty-first day of December in each year between the ages of five and sixteen years inclusive, which enumeration. with such statistical and other information as may be required by law, shali be included in the report of the city superintendent, required in a previous section. - - § 9. The board of education shall present, annually, on or before the first Monday in February, to the common council, an estimate of the money required to be raised in the ensuing year for the support of the schools, and for the purchase of school sites, as well as for the building and repairing of school-houses; and the common council shall determine what sums shali be raised for such purposes, respectively, in addition to the amount already required by law, in order to entitle the city to its distributive share of the state school money. - * . § 10. The amount of money to be raised for the Support of schools in any one year, exclusive of the sums required to purchase sites and to build and repair school-houses, as well as to entitle the city to its share of the state school money, shall not bg less than one dollar and twenty-five cents, nor more than one dollar and seventy-five cents for each child between the ages of five and sixteen years within the city—as ascertained by the previous o herein required to be taken on the thirty-first day of December in eaen year. - - - • * § 11. The several amounts so determined by the common council to be raised as aforesaid, shall be levied upon all the taxable property of the city in the same manner and at the same time as the taxes for city purposes and shall be stated and sent to the board of county supervisors to be sevied and collected accordingly. - - - *** * = 7- -