sen by chapter fifteenth, title second, and article fifth of the revised Statutes, and all subsequent elections shall be held under that act. § 7. The trustees of said high school shall select a suitable site in the village of Clyde for the erection of their school-house; and shall contract for, and purchase the same, and thereon erect a school house of sufficient size to accommodate such children as may be required to be educated in said permanent school district, and shall furnish the necesssary furniture and fixtures for the same. § 8 School districts fourteen and seventeen, or either of them, may sell their district property and pay the amount of money arising from such sale or sales, to the trustees of the Clyde High School. § 9. Said trustees on receiving such moneys, shall, if required by either district, deduct the amouut from that part of the tax hereby directed to be imposed on the taxable inhabitants of the individual district paying the same. § 10. The school money which school districts number fourteen and seventeen shall from time to time be entitled to receive from the commissioners of common schools in the town of Galen, shall be paid to the trustees of the Clyde High School; who shall be required to report to said commissioners in the same manner as other school districts are by law required to report. § 11. The trustees receiving such moneys, shall give their receipt for the same, and shall apply the money received, exclusively to the payment of the teachers employed by them; and it may be applied in such manner as to render the tuition of such poor children in said district as they may deem proper, gratuitous. § 12. It shall be the duty of the trustees of the said high school, to make an annual report to the superintendent of common schools, of the state and condition of the said school. § 13. The trustees shall have the general superintendence of all schools taught in said school-house, and shall employ as many teachers and assistants as they shall deem necessary, and shall direct the course of instruction, and regulate all the internal concerns of said school. [§ 2, act of 1842.] The trustees of said Clyde High School may frum time to time, rent or lease for scholastic purposes, such rooms or apartments in their school house, as in their judgment may not be required for the use of schools therein, established by them. 14. This act shall take effect on the passage thereof; and the legislature may at any time alter, modify, or repeal this act. COHOES. [Laws of 1850. Chap. 341.] AN ACT to establish Free Schools in the village of Cohoes. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The several school districts of the village of Cohoes, shall constitute one school district, and the schools therein shall be free to all children between the ages of five and twenty-one years, residing in such districts. 2. There shall be erected in each district one or more school-houses. 3. The title of the school-houses, sites, lots, furniture, books, apparatus and appurtenances, and all other school property in this act mentioned, shall be vested in the village of Cohoes, and the same while used or appropriated for school purposes shall not be levied upon or sold by virtue of any warrant or execution, nor be subject to taxation; and the said village, in its corporate capacity, shall be able to take, hold and dispose of any real or personal estate transferred to it by gifts, grants, bequest or devise, for the use of the common schools of said village. § 4. The trustees of said village may upon the recommendation of the board of education hereinafter mentioned, sell any of the school houses, lots, or sites, or any other school property now or hereafter belonging to said village. The proceeds of all such sales shall be paid to the treasurer of the village, and shall be expended under the direction of the board of education, for any school purpose. § 5. There shall be elected at the annual election in said village, to be held on the first Tuesday of March, 1851, in the same manner that other village officers are elected, from each of the districts in said village two trustees; the persons so elected shall be residents of the district for which they shall be elected, and shall within ten days after receiving notice of their election, take the oath of office prescribed by the Constitution of this State, and file the same with the village clerk. § 6. Within ten days after as in the last section mentioned, said trustees so elected from these districts shall meet in the office of the clerk of said village and shall determine by lot which of the two persons so elected for each district shall serve for the term of one year, and which for the term of two years. § 7. In each year thereafter there shall be elected in said village at the annual election, in the same manner, and under the same regulations as other village officers are elected, one trustee of common schools for each district, to supply the place of those whose terms are about to expire The term of office of all trustees elected pursuant to this act shall commence on the second Tuesday next after their election and shall continue two years. § 8. The trustees of said village shall fill all vacancies which may happen by death, resignation, or removal from the district in which each or any of the trustees of common schools were elected; the trustees so appointed shall hold their office until the second Tuesday succeeding the next annual election, and at each annual election there shall be elected a trustee to supply the place of any person so appointed, and the person thus elected shall serve out the unexpired term. § 9. Any trustee of common schools in said village may be removed from office for official misconduct, or neglect of duty, by the trustees of said village; but a written copy of the charges against said trustees shall be served upon him, and he shall be allowed an opportunity to refute any such charge of misconduct or neglect of duty before removal. 4 § 10. The trustees of the several school districts of said village shall constitute a board to be styled the Board of Education of the village of Cohoes, which shall be a corporate body in relation to all the powers and duties conferred upon them by virtue of this act; a majority of the board shall form a quorum. The first meeting of the board shall be held on the second Wednesday next after their election, and the annual meeting of the board thereafter, shall be on the second Wednesday next after their election. At the first meeting of the board and annually thereafter, at the annual meeting, they shall elect one of their number president of the board, and whenever he shall be absent a president pro tempore may be appointed. The said trustees shall receive no compensation for their services. §11. The trustees of the several school districts now existing in said village, shall within thirty and not less than fifteen days preceding the time for holding their annual meetings, prepare estimates of the amount of money necessary to be raised in the district for continuing the several schools for the time intervening between the time of holding the annual meeting and the first day of March, 1851, when the present system shall be brought into use; and they are required within thirty days, and not less than fifteen days previous to the first day of March, 1851, to prepare an estimate of the amount of money necessary to be raised in the several districts for the ensuing year, to be submitted to the annual village meeting, which estimate shall be made out in items and passed upon, item by item, by the legal voters present, and adopted or rejected wholly or in part; the votes shall be taken by ayes and nays, or by ballot, if ordered by a majority of the voters entitled to vote for such taxes. § 12. It shall be the duty of said board of education, within thirty, and not less than fifteen days previous to the annual meeting, each year, to prepare an estimate of all sums necessary to be raised for all school purposes mentioned in this act, or deemed advisable by the board, and the specific sum necessary for each item in said estimate, and publish the same two weeks in one or more of the village papers, which shall be voted for, item by item, in the same manner as prescribed in the 11th section of this act. § 13. Said board of education shall appoint a clerk who may be one of their own number, who shall hold his office during the pleasure of the board, and whose compensation shall be fixed by them. The said clerk shall keep a record of the proceedings of the board, and perform such other duties as the board may prescribe; the said record or a transcript thereof, certified by the president and clerk, shall be received in all courts as prima facie evidence of the facts therein set forth, and such records and all the books, accounts, vouchers and papers of said board, shall at all times be subject to the inspection of the trustees of the village, or any committee thereof. § 14. The trustees of said village, shall have the power, and it shall be their duty to raise from time to time by tax, to be levied equally upon all the real and personal estate in said village, liable to taxation for the ordinary village taxes, or for town or county charges, such sum or sums of money as may be approved of at the annual village meeting, for any or all the following purposes: 1. To purchase, lease, or improve sites for school houses: 2. To build, purchase, lease, enlarge, alter, improve and repair school houses and their out houses and appurtenances : 3. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages : 4. To procure fuel and defray the contingent expenses of the several schools and the board of education, and the expenses of the libraries of said village : 5. To pay the wages of teachers due, after the application of the public moneys which may by law be appropriated and provided for that purpose. Provided, nevertheless, that the tax to be levied as aforesaid and collected by this act shall be collected at the same time and in the same manner as other village taxes: 6. To pay the expenses of insuring all the school property of said village. §. 15. All moneys to be raised pursuant to the provisions of this act, and all school moneys by law appropriated to, or provided for said village, shall be paid to the treasurer thereof, who, together with the sureties upon his official bond, shall be accountable therefor in the same manner as for other moneys of said village; the said treasurer shall be liable to the same penalties for any official misconduct in relation to said moneys as for any similar misconduct in relation to the other moneys of said village. The treasurer shall pay out all school moneys on the warrant of the board of education, signed by its president and clerk, and all accounts so paid shall be accompanied by the affidavit of the owner thereof, setting forth that the claims are reasonable, and that all the articles named were furnished by the direction of the legally appointed officers. § 16. The said board shall have power, and it shall be their duty, 1. To establish and organize in said village a system of education embracing such and so many schools (including the common schools now existing therein) as they shall deem requisite and expedient, and to alter and discontinue the same as may be found necessary. 2. To hire or cause to be hired school houses and rooms as they may find it necessary for the accommodation of the students in said village. 3. To alter, improve and repair school houses and appurtenances, as they may deem advisable. 4. To purchase, improve and repair school apparatus, books for indigent pupils, furniture and other necessary articles, including libraries. 5. To have the custody and safe keeping of the school houses, out houses books, furniture and appendages. 6. To contract with and employ all teachers in said schools, and at their pleasure remove them. 7. To pay the wages of such teachers out of the moneys appropriated and provided by law for that purpose, so far as the same shall be sufficient, and the residue thereof from the moneys authorized to be raised for that purpose by section fourteen of this act, by tax upon said village. 8. To defray the necessary contingent expenses of the board, including an annual salary to the clerk, provided the account of such expenses shall first be audited and allowed by the board of trustees of said village. 9. To have in all respects the superintendence, supervision and management of the common schools in said village, and from time to time to adopt, alter, modify and repeal as they may deem expedient, rules and regulations for their organization, government and instruction, for the reception of pupils and their transfer from one school to another, and generally for the promotion of their good order, prosperity and public utility. 10. Whenever, in the opinion of the board, it may be advisable to sell any of the school houses, lots or sites, or any of the school property now or hereafter belonging to the village, to report the same to the trustees of the village. 11. Between the first day of July and the first day of August, in each year, to make and transmit to the county clerk or such other officer as may be designated by law in the year of its transmission, and stating, 1. The number of school houses in said village, and an account and description of all the common schools kept in said village during the preceding year and the time they have severally been taught. 2. The number of children taught in said schools respectively, and the number of children over the age of five years and under the age of sixteen [21] years, residing in said village on the first day of January of that year. 3. The whole amount of school moneys received by the treasurer of said village during the year preceding, distinguishing the amount received from the county treasurer from the village tax and from any other source. 4. The manner in which such money had been expended and whether any and what part remains unexpended, and for what cause. 5. The amount of money received as tuition fees from foreign pupils during the year, and the amount paid for teachers' wages in addition to the public moneys, with such other information relating to the common schools of said village as may from time to time be required by the state superintendent of common schools. § 17. It shall be the duty of each trustee to visit the schools in his district twice in each year, and the board of education shall provide that each of the schools in the village shall be visited by a committee of three or more of their number or by their clerk at least once in each term. § 18. The said board of education shall have power to allow the children of persons not resident within the village to attend any of the school of said village under the care and control of said board upon such terms as said board shall by resolution prescribe, fixing the tuition which shall be paid therefor. § 19. It shall be the duty of such board in all their expenditures and con tracts to have reference to the amount of moneys which shall be subject to their order during the then current year for the particular expenditure in question and not to exceed that amount. § 20. The said board of trustees shall be trustees of the school library or libraries in said village, and all the provisions of law which now are, or may hereafter be passed relative to district school libraries shall apply to said trustees, they shall also be vested with the same discretion as to the disposition of the moneys appropriated by any law of this State for the purchase of li braries which is therein conferred upon the inhabitants of school districts. § 21. The said board of education shall have the control of all the books and appurtenances belonging to the libraries of said village, shall appoint a librarian or librarians and regulate the drawing of books from said library. § 22. It shall be the duty of said board at least three weeks before the annual election of trustees in each year, to prepare and report to the village trustees true and correct statements of the receipts and disbursements under and in pursuance of the provisions of this act, during the preceding year, in which account shall be stated under appropriate heads, 1. The moneys raised by the village trustees under the fourteenth section of this act. 2. The school moneys received by the village treasurer from all sources. 3. The moneys received by the village trustees under the third section of this act. 4. All other moneys received by the treasurer subject to the order of the board, specifying the sources. 5. The manner in which such sums of money shall have been expended, specifying the amount paid under each head of expenditure; and the trustees of said village shall at least cause the same to be published in one or more of the newspapers published in said village, for two weeks before such election, and cause written or printed notices to be posted on each schoolhouse door. § 23. It shall be the duty of the clerk of said village, immediately after the election of any person as a trustee of common schools, to personally, or in writing, notify him of his election, and if any such person shall not, within ten days after receiving such notice of his election, take and subscribe the constitutional oath and file the same with the clerk of the said village, the trustees of said village may consider it a refusal to serve, and proceed to supply the vacancy occasioned by such refusal, and the persons so refusing shall forfeit and pay to the village treasurer, for the benefit of the contingent fund, a penalty of ten dollars. § 24. It shall be the duty of the several school districts in the village of Cohoes, on or before the first Tuesday in March, 1851, to transfer and convey to said village all school houses, sites, lots and all other school property of whatever name and description, and to place in care of the board of education, all school districts, records, account books, vouchers, contracts, papers, and other school property, and the said board shall settle all unsettled business of the several school districts or parts of districts now existing in said village. § 25. All laws or parts of laws conflicting with this act are hereby repealed. 26. This act shall take effect immediately. DELHI. [Laws of 1851. Chap. 23.] AN ACT authorizing the election of three trustees and a district clerk in school district number sixteen, located in the village of Delhi. Passed Feb. 26, 1851, "three-fifths being present.” The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. At the first annual meeting of the trustees and inhabitants of the village of Delhi, after the passage of this act, it shall be the duty of the legal voters therent to elect three persons legally qualified and inhabitants of said village, who shall be styled "trustees of the school district of said village," and also one person as district clerk of said district, and they respectively shall have all the powers over the said district, and shall discharge all the duties which by law are given to and enjoined upon trustees and district clerks of school districts. |