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§12. The board of supervisors, in their warrant to the collector, shall direct him to pay the amount so to be collected to the treasurer of the city, to the credit of the board of education, out of the first moneys collected.

§ 13. It shall be the duty of the first board of city assessors elected after this law shall take effect, to estimate the value of the school property of each school district as heretofore existing, and certify the same to the board of supervisors. The supervisors shall thereupon, proceed to equalize the said value by assessing the aggregate amount thereof upon the whole city, and crediting each school district on account of its general tax, with the value of its separate school property, and its special school taxes already laid and in progress of collection.

§ 14. The board of education shall determine the number and location of schools; but no expenditures for the purchase of ground or the erection of school-houses shall hereafter be made, unless the same shall have been approved of by the common council. Such approvalshall be deemed to have been given when the tax therefor shall be approved by the common council, and levied by the supervisors; or it may be specially given upon the application of the board of education to make such expenditure, in anticipation of a tax to be levied in the ensuing year.

§ 15. The title of all the property now or hereafter to be required for school purposes, shall be vested in the board of education.

§ 16. The board of education shall determine whether any and what portion of the state appropriation and the county tax, designated as library money, shall be applied to the purchase of school libraries and apparatus, and the disposition thereof; and the residue of said money shall be applied to the payment of teachers' wages, or for the purchase of school books, and to no other purpose.

§ 17. The money raised for the purchase of school sites, and the building, repairing and furnishing of school-houses, shall be known as the "special school fund," and all other moneys as the "general school fund;" and it shall be the duty of the board of education to keep accurate accounts of its receipts and expenditures, distinguishing between those of a general and those of a special character; audit shall not be lawful to expend any portion of the moneys raised for the use of one of said funds, for the purposes of the other of said funds, but the expenditures shall be made in conformity with the appropriations under which the funds were levied and collected.

§ 18. The board of education shall make returns annually, to the common council, of its receipts and expenditures, specifying those on account'of the general and special funds respectively, with such other details as the common council may from time to time require.

19. No school in said city shall be entitled to any portion of the school moneys, in which the religious sectarian doctrine or tenets of any particular christian or other religious sect shall be taught or inculcated, or which shall refuse or prohibit visits or examinations by the city superintendent or members of the board of education of said city; provided that this section shall not be deemed to prohibit the use of the holy scriptures without note or comment.

§ 20. The schools of the asylum societies, in said city, shall participate in the distribution of the school moneys, in such manner that they shall respectively receive a sum in proportion to the number of children who shall have actually attended such school without charge during the preceding year, for which school moneys are raised ; which sum shall be equal to the amount paid to any of the public schools in said city, in proportion to the number of children who shall have actually attended any such school during the said preceding year, actually orphans, or half orphans.

[Laws of 1851, Chap. 229.] § 15. The amount of money to be raised in any one year for the support of Common Schools in the city of Brooklyn, exclusive of the sums required to purchase sites, to build and repair school houses, and to entitle the city to its share of the State School money, shall be such sum as the said Common Council may deem necessary therefor, not to exceed the amount now allowed by law.

BUFFALO.

[Laws of 1843, oh. 1-22, titles II and IX, as amended by cL 166, laws of 1849,] Title II. § 11 and 22. The common council shall, on the second Tuesday of March in each year, or as soon thereafter as practicable, appoint by ballot, a city superintendent of common schools, who shall hold his office until the second Tuesday of the month of March next after such appointment, unless sooner removed or disqualified, and until his successor in office shall be appointed, and enter upon his duties.

[Title IX—of Common and other Schools.]

§ 1. The mayor and aldermen of the city of Buffalo, shall, by virtue of their offices, be commissioners of common schools in and for said city, and in common council shall perform all the duties of such commissioners, and shall possess all the rights, power and authority of commissioners (town superintendents) of common schools in the several towns in this state.

§ 2. The clerk of said city, shall be the clerk of the mayor and aldermen thereof, when acting as commissioners of common schools, and shall perform all the duties required of the town clerks of the several towns in the state, as clerks of the commissioners of common schools of such towns, and be subject to the same penalties for the neglect thereof.

§ 3. In all appropriations of public money for schools, or other purposes, the city of Buffalo shall be taken and considered as a town in the county of Erie, and shall be entitled to copies of laws in the same manner as other towns in said county; and all such moneys or books shall be paid or delivered to the common council.

§ 4. The common council may expend such portion as they may deem proper, of any library moneys hereafter received from the state, in binding and repairing the books in the city library, in purchasing maps and other apparatus for the schools, and in supplying indigent scholars in the schools under their charge, with necessary common school books, and other implements of learning.

§ 5. All the district schools organized within the city of Buffalo, shall be publio, 'and free to all white children residing within the district, under the f&ge of "sixteen [21] years, and the common council, by a vote of two-thirds of all the aldermen elected, are hereby authorized to include in the general annual city tax authorized to be raised, under the third section of the fifth title of this act, such additional sum as, in their opinion, with the public school moneys for the year, will be sufficient to support their school system, and to defray the expenses of all the schools under their charge, except such of said expenses as may be raised by district tax. The moneys thus raised for school purposes, together with all moneys received from other sources for such purposes, shall constitute a separate fund, to be called the school fund, and a separate and distinct account thereof shall be kept by the proper officer or officers of the city; and the moneys of this fund shall not be appropriated or diverted to any other purpose whatever.

§ 6. The common council shall provide and maintain one or more free schools in the city for the colored children thereof; and may purchase one or more sites, and erect thereon, furnish and maintain all buildings necessary for such schools; and* shall from time to time, raise all moneys necessary for these purposes, by general tax, in the manner provided by the last section.

§ 7. The common council shall have power, and it shall be their duty, whenever it may be necessary so to do,

1. To designate and purchase or lease, in each school district, a site or sites for the school-house or school houses therein, and to fence and improve the same as to them shall appear suitable and,proper:

%. To build on such site or sites, or on any lot owned by such district, sacjk school-house or school-houses and out houses as shall to them appear suitable and sufficient for such districts:

3. To complete, improve, enlarge or repair any district school-house, from time to time as they shall think proper, and to supply such school-houses f whenever they deem it expedient, with such school apparatus, books, furniture and appendages as they may direct; and to prescribe the course and extent of the studies totbe pursued therein:

4. To order from time to time, a tax to be levied upon all the taxable property of any district, sufficient to pay all such sums as they may have expended or deem necessary to be expended in that district, for the purposes in this section above specified:

5. To make out a tax roll or list of every district tax ordered by them, within sixty days after such district tax shall be ordered, similar in form to the general assessment roll in said city, ascertaining the valuation of the property to be taxed as far as possible from the last assessment roll of said city ;;/ and no person shall be entitled to any reduction of the valuation of such property so ascertained, unless he shall give notice of his claim to such reduction to the city superintendent of common schools within ten days after the passage of the order to raise such tax; and when such valuation of taxable property cannot be ascertained from such assessment roll, the common council, or such superintendent, shall ascertain such valuation by the best means in their power. Such rolls may be delivered for collection to the collector of the district or to the city collector:

6. To make such by-laws and ordinances as they may deem necessary for the prosperity and good order and government of the common schools, and the security and preservation of the school-houses and other property belonging to the school districts, and to prescribe the duties and powers of the superintendent and of the several district clerks, trustees and collectors, in all cases not provided for by this act:

7. To require and take from the district collectors such security as they may deem adequate; if such security be not given by any such collector, they may remove him and appoint a successor:

8. To authorize and require the superintendent of common schools in said city to do any act or to perform any duty required of any trustee of a school district of said city, in case of any vacancy in the office of trustee, or of the neglect or refusal of such trustee to perform such duty:'

9. To divide the district schools in said city into primary and'higher departments or otherwise, whenever they shall deem such division desirable, and to prescribe regulations for the transfer of scholars from one department to the other, and also to direct the superintendent to provide suitable and sufficient instructors for each of the said departments.

§' 9. The superintendent of common schools of said city, shall be the executive officer of the common council to carry into effect all the provisions of this act, and the ordinances and orders of the said common council, in respect to common schools; and it shall be lawful for the said common council to assignto the said superintendent, the performance of any duty required of them, in respect to the common schools of said city; he shall, m respect to the common schools of said city, possess all the powers and authority, and be subject to the duties and obligations of the inspectors of common schools of the different towns of this state. He shall also have power, and it shall be his duty,

1. To have the care and custody, and provide for the safe keeping of district school-houses in said city:

2. To contract with and employ all teachers of the several district schools therein:

3. Under the direction of the common council, to contract for and superintend the building, enlarging, improving, furnishing and repairing of all schoolhouses ordered to be erected by the said common council, and the making of all repairs and improvements on and around the same *,

4. In all cases where no other provision is made by this act, to supply the place and perform the several duties in respect to the several school districts m said city, required of the trustees of the several school districts in this state, by the general statutes relating to common schools:

5. To perform such other duties as may be from time to time imposed on him by the common council."

§ 10. The inhabitants of any school district entitled to vote at district meetings, when legally assembled in district meetmg, shall have the same power as is now given by law to the inhabitants of the several school districts m the different towns in this state, except that there shall be but one trustee elected in each district; and that such meeting shall not possess the power to designate the site for a school-house, or to lay a tax to purchase or lease a site for a school-house, or to build, hire, or purchase a school-house for such district. The clerk and collector of such districts shall possess the powers and authority, and be subject to the same duties and obligations, as such officers in the several districts of this state except as herein otherwise provided.

§ U. It shall be sufficient notice of any annual, special or adjourned district meeting, to publish such notice once in each week, for two successive weeks preceding the time of holding such meeting, in the city paper, and by affixing a copy of the same on the outer door of the district school-house, (if there be any,) and posting a copy of the same in three other public places in such district ; the posting of said notice to be done at least ten days before such meeting; and no other notice of any such meeting need be given. The annual meetings of such district shall be held on the Monday preceding the last Tuesday in December in each year. The superintendent of the common schools for the said city, shall revise the proceedings of such meetings, and see that the proper records of such proceedings are made by the clerk in the book of district records, to be provided by the said superintendent, and kept by the clerk of such district for such purposes; and the said superintendent, and the mayor and aldermen of said city, and every taxable inhabitant of such district shall be permitted by the clerk, at all proper times, to examine the same. § 12. The trustee elected in any school district in said city shall have the power, and it shall be his duty,

1. To call special meetings of the inhabitants of such district, liable to pay taxes, whenever it shall be by him deemed necessary or proper:

2. 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 mcapable of acting, or shall neglect or refuse to give such notice:

3. To visit the schools kept in the district as often as once in each quarter, and to report the condition of the same, with such suggestions for the improvement thereof as he may deem proper to the common council:

4. To perform such other duties as may be from time to time imposed upon him by the common council.

§ 13. The common council shall annually publish in the city paper a statement of the number of common schools in the said city; the number of pupils instructed therein, the year preceding ; the several branches of education pursued by them, and the receipts and expenditures of each school, specifying the sources of such receipts, and the objects of such expenditure.

BUSHWICK.

[Zmcs o/1847, chap. 311.]
AN ACT to provide for free schools in the town of Bushwiclc.

Passed October 16, 1847, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows ' \

§ 1. The trustees of the several school districts in the town of Bushwick in the county of Kings shall annually, at least three weeks before their annual meeting, or of a special meeting to be called for that purpose, prepare an estimate of the amount which they shall deem necessary to pay the debts of such district, and for the support of common schools therein, for the ensuing year, exclusive of the moneys which they may be entitled to receive from the town superintendent, and including the sums required for the purchase of necessary furniture, apparatus and books, and for contingent expenses, and shall cause printed notices thereof to be posted for two weeks thereafter, in five or more of the most public places in said districts. They shall present such estimate at such meeting, when the inhabitants of such district then present, shall vote thereon for each item separately, and the same or so much thereof as shall be approved of by a majority of such inhabitants, shall be levied and raised by tax on such district, as now provided by law for raising a district school tax.

§ 2. When the trustees shall have completed the tax list, they shall deliver the same/to the superintendent of schools for said town, who shall issue his warrant to the collector of taxes of said town, returnable in thirty days, for the collection of the same, and take from such collector approved security for the performance of his duty ; such warrant may be renewed from time to time. The moneys so collected shall be paid to said trustees, and by them appropriated to-the purposes for which the same was voted, unless otherwise directed by a vote of the inhabitants, at their annual district schoolmeeting, or a special meeting called for the purpose.

§ 3. The tax hereby imposed shall be a lien upon the lands taxed, to be enforced and collected by sale, in the manner that county taxes are, upon a return to be made by said collector to the treasurer of the county, of all unpaid taxes in said districts.;

§ 4. This act shall take effect immediately.

CLYDE HIGH SCHOOL.

[Laws of 1834, chap. 175, as amended by chap. 268 laws of 1842.]

§ 1. School district number seventeen, in the town of Galen, in the county of Wayne, shall form a permanent school district, not subject to alteration by the Town Superintendent of Common Schools of the said town of Galen, and shall hereafter be known by the name of "The Clyde High School."

§ 2. The Trustees of the Clyde High School, shall be seven in number; and the first trustees shall be George Burr ell, John Condit, Sylvester Clark, Cyrus Smith, Isaac Lewis, William S. Stow, and Calvin D, Tompkins; and shall hold their offices until the first annual meeting of said permanent school district, and until others are chosen.

§ 3. Said trustees are authorized to receive gifts, grants and donations, towards defraying the expenses of purchasing a site and building a suitable school-house for said high school.

§ 4. Said trustees, on receiving the sum of one thousand dollars, or having the said sum secured to be paid to them, by subscription or otherwise, shall have power to levy and cause to be raised by tax upon the taxable inhabitants of said permanent school district, a like sum of one thousand dollars; but no such tax shall be levied until said trustees shall have called a special meeting of the taxable inhabitants of said permanent school district, in manner now provided by law, for calling special school district meetings. • § 5. Said trustees shall report in writing to said meeting, the amount of moneys received by them, the sum or sums secured to be paid to them, and the manner in which it is secured; and if the sum of one thousand dollars appears to be paid or is secured to be paid to said trustees, said meeting shall proceed to elect a clerk and collector for said high school, who shall hold their offices until the first annual meeting of said permanent school district, and until others are chosen.

§ 6. The trustees hereby appointed, and clerk and collector hereby directed to be chosen, shall be subject to the same penalties, and shall have the same powers, and perform the same duties, as like officers directed to be cho

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