§ 2. The trustees so chosen 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, of the second, two, and of the third, three years, and one trustee only shall thereafter annually be elected, who shall hold his office for three years, and until a successor shall be duly elected or appointed. In case of a vacancy in the office of trustees during the period for which he or they shall have been respectively elected, the person or persons chosen or appointed to fill such vacancy, shall hold the office only for the unexpired term.

§ 3. The district clerk shall hold his office for one year, or until a successor shall be duly elected.

§ 4. So much of chapter one hundred and twelve, section ten, of an act entitled "An act to incorporate the trustees and inhabitants of Delhi and to invest them with certain powers," passed March sixteenth, eighteen hundred and twenty-one, as is inconsistent with the foregoing sections of this act, is hereby repealed.

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§ 5. This act shall take effect immediately.

FLUSHING.

[Laws of 1848. Chap. 81, as amended by Chap. 117, laws of 1849.] AN ACT to establish free schools in district number five, in the town of

Flushing.

Passed March 10, 1848, "three-fifths being present."

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. School district number five in the town of Flushing, in the county of Queens, shall form a permanent school district, and shall not be subject to alteration by the town superintendent of common schools for the town in which said district is situated.

§ 2. The said district shall be under the direction of a board to be styled "the board of education," which board shall consist of five members, three or more of whom shall constitute a quorum for the transaction of business; Effingham W. Lawrence, Edward E. Mitchell, Samuel B. Parsons, William H. Fairweather and Thomas Leggett, junior, shall compose the first board of education, and shall hold their offices from one to five years; that is to say, one shall go out of office in each year, and in the order in which their names stand recorded in this section.

§ 3 There shall be elected in each year in said district, one member of said board of education, who shall be a resident and taxable inhabitant of said district, and shall hold his office for five years; the said election shall take place at the annual meeting of said district, and the board of education shall appoint three suitable persons as inspectors of said election, and of all other elections provided for by this act, except as provided in section fourteenth of this act, within thirty days next preceding any such election; such elections shall be by ballot, and notice thereof shall be given, the same shall be held and conducted, the votes shall be canvassed, and the result of the election determined in the same manner as in the case of the annual election of other village officers.

§ 4. The said board of education may make all necessary by-laws for their government, they shall have the entire control and management of all the common schools within the said district and all the property belonging to the same, they shall have and possess within the said district, all the rights, powers, and authority of town superintendent of common schools. They may appoint a collector with all the powers and duties of a district collector, or may employ the town or village collector for that purpose, and such collector shall collect and pay over the school moneys assessed upon said district, to the treasurer of the board of education in the same manner and under the same

conditions as is imposed by the laws of the town or village of which he is such collector. They shall require two of the members of said board to visit each school in said district at least once in each week, to render such assistance to the teachers, and advice to the pupils as maybe necesssry, and to see that the regulations are rigidly adhered to.

§ 5. The said board of education are hereby authorized and empowered to raise a sum not exceeding the sum of five thousand dollars, either by a tax on said district or by a loan, such loan to be secured by a mortgage upon the public school property of said district to be executed by said board in their official capacity.

§ 6. The said board of education in addition to the other taxes which they are hereby authorized to raise, may levy and collect a sum sufficient to pay interest on loans as the same becomes due, and whenever any part of the principal of such loans becomes due, they shall levy and collect an amount sufficient to pay the same, which sums when collected shall be paid over by said board in discharge of such principal and interest.

§ 7. The said board of education are hereby authorized and directed to levy and collect by tax in each year, upon all the taxable property in said district, such sum as may be necessary, not exceeding in amount one-fifth of one per cent. on the value of such taxable property, as the same shall be assessed by the assessors of the town of Flushing. And the said board shall add to the amount of any warrant for the collection of taxes such amount as they shall deem proper, as the collector's fees for collection, which compensation, however, shall in no case exceed five per cent. on the amount of any warrant. § 8. The town superintendent of common schools of the town of Flushing shall pay over to the treasurer of the board of education all the public moneys to which said district number five shall be entitled for school purposes.

§ 9. The said board of education shall call an annual district meeting at such time in the year as they may think proper, and shall submit thereto a full report in writing of their doings as such board; and shall state therein the number and condition of the schools in said district under their charge, and the number of scholars attending the same, the studies pursued, the amount of moneys received from the State as well as the amount required in the district for sehool purposes and the expenditure of the same, and generally all the particulars relating to the schools in said district, which report shall immediately after it is made be published in a newspaper published in the town of Flushing for two weeks, and once in each week.

§ 10. The board of education shall have control and charge of the district school library in said district, they may employ a librarian, make such addition to the library, and such regulations in relation thereto, as they shall deem ne

cessary.

§ 11. The school for the colored children under the charge of the female association, in the village of Flushing, may with the consent of said association, be taken under the charge of the board of education, and be organized as a district school, and be supported as the other schools in said district are under this act.

§ 12. Whenever the said board of education shall deem it necessary to erect one or more school houses in said district, they shall prepare an estimate showing the location proposed, the cost of the ground required, a plan of the building, with the estimated cost of the building and appurtenances, and shall submit the same to the electors of said district at a special meeting to be called for that purpose, in the same manner as other special meetings are required to be called, and if a majority of all the electors present at such meeting shall vote in favor of the same, then said board may proceed to erect said school house or houses in the manner proposed by said estimate, and if the sum authorized to be raised by section five of this act should be insufficient to pay the estimated cost of such buildings and ground, with the expense of grading and regulating the ground's, building the necessary out houses and fences, with the cost of necessary books, stationary and necessary apparatus for the school house and rooms, then the said board of education may raise a sum in addition to

the sum mentioned in section five, and in the manner therein authorized, a sum not exceeding fifteen hundred dollars, and they are also authorized to levy and collect such amount as may be necessary topay the principal or interest of such additional sum as the same may become due in the same manner as is provided in section sixth of the said act.

§ 13. The said board of education may call special meetings of said district whenever they may deem it necessary: they shall give notice of the same by posting up a written or printed notice thereof, in at least four public places in said village, and by publishing the same in a newspaper published in the village of Flushing, at least one week previous to the time fixed for said meeting, which notice shall state the time and place of such meeting, and the purpose for which the same is called; and no business shall be transacted at any such special meeting, except that stated in the notice calling the same.

§ 14. [Provides for submitting the act for the approval of the legal voters of the district.]

§ 15. All laws and parts of laws inconsistent with this act are hereby repealed, so far as the same relate to district number five in the town of Flushing.

GLENS FALLS.

[Laws of 1851. Chap. 424.]

AN ACT to unite the libraries of the common school districts of the village of Glens Falls.

Passed July 9, 1851.

§ 1. The libraries of school districts number two, seven, eight, eighteen, nineteen, twenty, in the town of Queensbury, in Warren county, shall be united into one common library for the joint use of the inhabitants of the said districts, to be called the common school library of Glens Falls; and the library money which shall now be or may hereafter become due to the said districts, shall be paid over by the town superintendent to the directors of the said library, to be appointed as hereinafter mentioned, on the same terms and conditions as the said money is now paid over to the trustees of the school districts.

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§ 2. On or before the last Monday in April, eighteen hundred and fiftyone, it shall be the duty of the board of trustees of the village of Glens Falls, to appoint three directors, who and whose successors shall be known as directors of the common school library of Glens Falls," who shall have the sole and exclusive control of the property and funds of said library. The said directors shall be divided by lot into three classes, numbered one, two and three, and the term of office of the first class shall be one year, that of the second class two years, and that of the third class three years; and on or before the last Monday in April in each year thereafter, one director shall be chosen, who shall hold his office for three years and until a successor shall be duly appointed. In the case of a vacancy in the office of any director during the period for which he shall have been chosen, the person to fill such vacancy shall hold the office only for the unexpired term of three years.

S3. It shall be the duty of the said directors,

:

1. To establish and organize on a proper basis the said "common school

library."

2. To purchase books, exchange or cause to be repaired damaged books, sell any books they may deem useless or not suited to the library, and apply the proceeds to the purchase of other books for the said library, and to purchase maps and apparatus for the joint use of the school districts :

3. To have in all respects the superintendence, supervision and management of the said library and funds, and to adopt, modify and repeal as they may deem expedient, rules and regulations for the government, safe keeping and preservation of the same, and the promotion of its public utility, and to make and enforce proper penalties for the violation of its rules and regu

4. On or before the last Monday in April in each year, to report to the trustees of the village of Glens Falls a statement of the books which they have purchased the preeeding year, together with an account of their expen ses and disbursements, and such other matters connected with the condition of the said library as they shall deem proper:

5. And shall further perform all other duties not inconsistent with this act, and be subject to all the liabilities of the trustees of the school district libraries; but their expenditures are to have reference to the funds subject to their order during the current year.

§ 4. It shall also be the duty of the said directors annually to appoint a librarian, who shall be subject to all the requirements and perform all such duties not inconsistent with this act as are now required to be performed by the librarians of the school districts.

§ 5. The directors are empowered to pay the librarian a sum net exceeding twelve dollars per annum for his services, and may audit and allow other proper accounts and expenses necessary for the maintenance, support and proper conduct of the said library, to a sum not exceeding eight dollars per year; and it shall be the duty of the trustees of the village to furnish suitable cases for the preservation of the said library, and of all additions to the same. All expenses incurred by the provisions of this section to be paid by the village corporation. But the said directors shall perform their services without compensation.

§ 6. The said directors shall have the same power and authority in regard to the prosecution and defence of all suits at law touching the property of the said library as are now possessed by trustees of school districts in relation to school district property; but all such suits shall be prosecuted or defended, and also all fines and penalties that may be imposed by the terms of this act, shall be collected in the name of the "common school library of Glens Falls;" and this provision shall extend to all books which may be in the hands of individuals and not returned to the libraries of the respective school districts at the time of the passage of this act; and all the rights and duties of the trustees with regard to such books, shall be vested in the said directors.

§ 7. The legislature may at any time alter or repeal this act. 8. This act shall take effect immediately.

HUDSON.

[Laws of 1841. Chap. 350, as amended by Chap. 12, laws of 1843, and Chap. 132, laws of 1844.]

AN ACT in relation to common schools in the city of Hudson.

The People of the State of New-York, represented in Senate and Assembly do enact as follows :

§ 1. The members of the common council of the city of Hudson shall by virtue of their office be commissioners for 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, powers and authority, and shall be subject to all the duties and obligations of commissioners of common schools [town su perintendent] in the several towns of this state, and shall have power,

1. To divide the city into school districts of which there shall not be less than three in the compact part of the city.

2. They shall designate, purchase, or lease, or otherwise obtain, in eac school district, a site or sites for a school house or the school houses therein and shall fence or improve the same in such manner as to them shall appear suitable and proper.

3. They shall cause to be built or procured in each district such school house or school houses and out houses, as shall appear to them suitable and sufficient.

4. They shall complete, improve, enlarge or repair any district school house, from time to time, as they shall think proper; and they shall supply the district school houses, whenever they shall deem it expedient, with such school apparatus, books, furniture and appendages as they may think neces

sary.

5. They shall appoint, in the manner provided by them for the appointment of other officers of said city, three persons to be denominated a board of superintendents; of these three persons the one first chosen shall continue in office for three years; the one next appointed shall continue in office for two years, and the one last appointed shall continue in office for one year.

6. They shall have power, and it shall be their duty, to make such bylaws and ordinances as may be in their opinion necessary for the prosperity and good order and efficient government of the common schools, and the security and the preservation of the school houses, and other property belonging to the school districts; and to prescribe the duties and powers of the board of superintendents in all cases not provided for by this act.

7. They shall require and take from the superintendents and collectors such security as they shall deem expedient, and if such security is not given by any superintendent or collector, the said common council may declare his office forfeited, and appoint another superintendent or collector in his place. 8. They shall supply a vacancy produced in the board of superintendents from any cause; the person appointed to fill such vacancy shall continue in office during the unexpired remainder of the term for which his predecessor was chosen, and no longer, unless reappointed.

9. They shall divide the district schools in said city into primary and higher departments or otherwise, whenever they shall deem such division desirable; and they shall prescribe regulations for the transfer of scholars from one department to another, and they shall direct the board of superintendents to provide a sufficient number of suitable instructors for each of these departments.

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

§ 3. The board of superintendents of common schoools in the city of Hudson shall in respect to the common schools in said city, possess all the powers and be subject to all the duties and obligations of the inspectors of the common schools in the different towns in this state; I shall carry into effect all

the ordinances and orders of the common council in respect to common schools; and it shall be lawful for the said common council to assign to said board any duty required of them, in respect to the common schools in said city. The said board shall be under the direction of the common council, and they shall have power, and it shall be their duty,

1, To contract for and superintend the building, enlarging, improving, furnishing and repairing of all school houses under the charge of said common mon council, and the making of all repairs and improvements on and around the same.

2. To provide for the safe keeping of the district school houses in said city.

3. To contract with and employ all the teachers in the several districts therein.

4. To prevent scholars resident in one district from attending a school in another district, and also to prevent scholars from going from one school to another in the same district, without having in both the above cases written permission so to do from the said board.