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5. To select such books as they shall deem most suitable to be used as class books in the schools, and to establish an uniformity in all the schools in regard to the books used therein.

6. To visit each school as often as once in each quarter, and to report the condition of the same, with such suggestions for the improvement thereof, to the common council as they may deem advisable, which reports shall be published by the common council in two of the city papers.

7. To remove any teacher, on manifest neglect of duty, or upon his violating his contract; upon paying such teacher pro rata for the time he has been employed.

8. To pay the wages of all the teachers by orders on the common council as commissioners of common schools, so far as the public money in their hands, or the money raised by tax, as to be hereafter provided for, and the money paid over by the collector of the rate-bills, shall be sufficient for the purpose.

9. To make out rate-bills for the payment of teacher and contingent expenses, against the parent or guardian of each scholar, and expense of collection of the same, (except those exempted, as hereafter to be provided for,) which shall not however exceed two dollars per quarter for each scholar; and no bill shall be made out for less time than one quarter, and to annex thereto a warrant for the collection thereof.

§ 4. The said common council of the city of Hudson, shall appoint a collector or colleotors for the purpose of collecting the rate bills, if any are made out_by_the board. of superintendents; rate-bills shall be made out and levied upon the parents or guardians of children sent to the district schools, in the manner provided by law in respect to school districts, except such as shall procure a certificate of inability to pay the same, from the aldermen or assistant aldermen of the ward in which such parent or guardian resides.

§ 1. [Act of 1843.] The board of superintendents appointed or to be appointed under the act hereby amended, are hereby authorized to receive all the moneys intended for the support of common schools in and for the city of Hudson, and to expend the same as provided in said act.

82. [Act of 1843.] It shall be the duty of the treasurer of the county of Columbia, and of the collectors of taxes in and for the city of Hudson, and of the collectors of rate-bills, under the provisions of the act hereby amended, to pay over directly to the said board of superintendents all the moneys that may come into the hands of said treasurer and said collectors respectively, intended for the benefit and support of common schools in said city.

§ 5. The said common council shall be authorized to borrow the sum of five thousand dollars for twenty years, at a rate of interest not exceeding six per cent. per annum, for the purpose of procuring suitable school houses for said city, with such appurtenances and improvements as may be deemed expedient.

§ 6. The Comptroller is hereby authorized to loan to the city of Hudson, the sum of five thousand dollars to be paid in twenty equal annual instalments, out of any moneys now or hereafter in the treasury of this state, belonging to the capital of the common school fund, on receiving from the chamberlain in behalf of the said city, a bond conditioned from him as treasurer of said city and his successor in office, to repay the said sum in twenty equal annual instalments, together with the annual interest on said loan from the time it was made, at the rate of six per cent. per annum, and which bond said chamberlain is hereby authorized to make and execute.

§ 7. The common council of said city are hereby authorized to raise by tax upon the real and personal property of said city, in the same manner as the general taxes of said city are levied and collected, the annual interest of the above mentioned loan, and to pay over the same in discharge of such interest; and also in each year in which an instalment of the above loan shall become due, to raise, levy and collect in the same manner, a sum equal to that instalment, and to pay over the same in discharge thereof, and the said common council shall also in the same manner raise, levy and collect such sum

annually, not exceeding two hundred dollars, as may be necessary for repairs, furniture of said school buildings and contingent expenses.

§ 8. The supervisors of the county of Columbia, at their annual meeting In each year, shall cause a sum of money equal to four times the amount of money apportioned to the city of Hudson from the common school fund, to gether with the 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 board of superintendents for the support of common schools in said city.

8 9. After the year one thousand eight hundred and fifty-three, the common council shall have it in their power to reduce, if they deem it expedient, the above sum to twice the amount apportioned to the city of Hudson, from the common school fund, and have recourse to the system of rate-bills as adopted In the several towns in this state, to supply deficiencies.

§ 1. [Act of 1844.] It shall be the duty of the board of superintendents of common schools of the city of Hudson, annually hereafter to appoint a li brarian for the joint school district library in said city, who shall perform all the duties and be subject to all the restrictions and liabilities now required or imposed upon librarians in the several school districts of the state: and may be removed from office and a successor appoined by said superintendents for any wilful neglect of duty, and whenever they shall have reason to apprehend the loss of, or injury to any of the books belonging to such library, through his misconduct.

§ 2. [Act of 1844.] The common council of said city are hereby authori zed and empowered, annually to appropriate such sum for the compensation o said librarian as they may deem expedient, not to exceed the sum of fifty dollars, which shall be raised, levied, and collected in the same manner as other city charges, and when so collected shall be paid over to the superintendents aforesaid, to be by them appropriated as specified in the first section of this

act.

§ 10. All the general laws of this state relating to common schools and their officers, except as the same are modified by this act, shall extend to and include the schools established under this act, and the commissioners, inspectors and other officers having charge thereof or in any way connected therewith.

§ 11. All laws relating to the appointment of commissioners and inspectors of common schools in the city of Hudson, and the act entitled, "An act to authorize the raising of money for the support of the Lancaster school of the city of Hudson," passed May 11, 1835, and all other acts which conflict with this act, are hereby repealed.

§ 12. This act shall take effect immediately.

LANSINGBURGH.

[Laws of 1847. Chap. 336.]

AN ACT to provide for a free school in district number one in the town of

Lansingburgh.

Passed October 26, 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 school district number one in the town of Lansingburgh, in the county of Rensselaer, shall annually, at least three weeks be fore their annual meeting, prepare an estimate of the amount which they shall deem necessary to pay the debts of such district, and tor 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 in

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cluding the sums required for the purchase of necessary furniture, apparatus and books, and for contingent expenses, and shall cause printed or written notices thereof to be posted for two weeks thereafter, in five or more of the most public places in said district. They shall present such estimate at such annual meeting, when the inhabitants of such district, entitled to vote at school district meetings, then present, shall vote thereon, and the same having been 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 issue their warrant to the collector of taxes of said district, 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 school meeting, 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 district.

§ 4. This act shall take effect immediately.

LOCKPORT.

[Laws of 1847, Chap. 51, Laws of 1850. Chap. 77,]

AN ACT in relation to common schools in the village of Lockport.
Passed March 31, 1847, "three-fifths being present."

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

§ 1. School districts numbers one, two, five, seven, eight, fifteen and sixteen, of Lockport, lying principally within the village of Lockport, are hereby consolidated for the purposes and to the extent in this act specified; and shall hereafter, for such purposes, and to such extent, form but one school district, to be called "The union school district of Lockport."

§ 2. Said seven school districts shall remain and continue separate and distinct, for the purposes and to the extent in this act specified: and shall be called "primary school districts," and numbered as follows:

Said district number one, shall form primary district number one ; Said district number two, shall form primary district number two; Said district number seven, shall form primary district number three; Said district number fifteen, shall form primary district number four; Said district number eight, shall form primary district number five; Said district number sixteen, shall form primary district number six; and Said district number five, shall form primary district number seven. Said districts shall not be subject to alteration except by the acts of the legislature, or by resolution of the board of education hereinafter created. The schools in said primary districts, shall be used as preparatory schools for the instruction of children until they arrive at a certain age, and attain a certain proficiency in learning; who shall then be transferred, upon the proper testimonials, into the union school hereinafter mentioned; the age, qualifications and testimonials, to be prescribed by the by-laws, rules and regulations of the board of education hereinafter created.

§3. Sullivan Caverno, residing in primary district number one;
William G. M'Master, residing in primary district number two ;
Joseph T. Bellah, residing in primary district number three;
Silas H. Marks, residing in primary district number four;

Isaac C. Coulton, residing in primary district number five;
John S. Woolcott, residing in primary district number six; and

Edwin L. Boardman, residing in primary district number seven, are hereby appointed trustees in behalf of such districts respectively; and Nathan Dayton, Samuel Works, Jonathan L. Woods, Lyman A. Spaulding and Hiram Gardner, are hereby appointed trustees in behalf of said union district. The trustees so named, and their successors, to be chosen as hereinafter provided, are hereby constituted a corporation by the name of "The board of education for the village of Lockport."

§ 4. On the first Monday of September next, there shall be elected, in the manner that trustees of school districts are now elected, by each primary district, one trustee, (who shall be a resident of such primary district,) to fill the places of those named in the last section, in behalf of such districts respectively. On the first Monday of October next, there shall be elected in like manner, by a meeting of the persons qualified to vote for school district offieers, residing within the bounds of said union district, five trustees, resident of said union district, to fill the places of those named in the last section, in behalf of said union district. Annually thereafter, on the days above specified for such elections, there shall in like manner, be elected four trustees to fill the places of those whose terms shall next thereafter expire, as hereinafter provided. The trustees named in the third section above, shall hold their offices until the first Monday of January next, and until their successors shall be chosen and enter upon the discharge of the duties of their offices respectively. Every officer elected under this act, shall enter upon the duties of his office on the first Monday of January next succeeding his election, and shall hold his office for the term hereinafter provided, and until his successor shall be elected, and shall enter upon the discharge of the duties of his office. Within ten days after any such election, the clerk of such district shall certify to said board of education, the names of the officers so elected.

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§ 5. Within ten days after the first election of trustees of said union district, as provided in the last section, all the trustees so elected by said primary and union districts, or a majority of them, shall meet and cause the whole number of trustees so elected, to be divided into three classes; to be severally numbered first, second and third. The term of office of the first class, shall expire at the end of one year; of the second class, at the end of two years; and of the third class, at the end of three years from the first Monday of Januuary next. There shall also be elected in each of said districts, at the time of so electing trustees, a clerk, who shall hold his office for one year, and until his successor be elected, and enter upon the duties of his office.

§ 6. There shall annually be appointed by said board of education, a collector, librarian, and treasurer of said union district; who shall each, within ten days after receiving notice in writing, of his appointment, and before entering upon the duties of his office, execute and deliver to said board of education, a bond in such penalty, and with such sureties as said board may require; conditioned for the faithful discharge of the duties of his office. In case such bond shall not be given within ten days after receiving such notice, such office shall thereby become vacated, and said board of education shall thereupon make an appointment to supply such vacancy.

§ 7 Notices for annual elections, and all other meetings of said districts, shall be given by said board of education, at least ten days before such election or meeting, by publishing such notice once in each of the newspapers printed in the village of Lockport; and if such notice be for an election or meeting of said union district, by posting the same on the door of the schoolhouse in each primary district; if such notice be for an election or meeting of any primary district, then by posting such notice on the door of the schoolhouse in such district.

§ 8. In case of a vacancy of any office mentioned in this act, occasioned by the death of such officer, his refusal to serve, removal out of the district for which he shall have been elected or, appointed, his incapacity, or any cause other than the expiration of the term of office of persons elected, said board

of education may make an appointment to fill such vacancy. The officer so appointed, shall hold his office for the unexpired term of the person, to supply whose place he shall be so appointed.

§ 9. Said board of education shall be a corporate body in relation to all the powers and duties conferred upon them by virtue of the provisions of this act; a majority of the board shall form a quorum.

§ 10. Said board of education shall possess all the powers and be subject to all the duties in respect to all of said school districts that the trustees of common schools now possess or are subject to; and such other powers and duties as are given or imposed by this act. The clerk, collector and librarian of said union district, shall possess all the powers, and be subject to all the duties in respect to said union district, that like officers of common schools now possess or are subject to, and such other powers aud duties as are given or imposed by this act. The offices of collector and librarian, and two of the trustees of each of the school districts hereby consolidated, shall be abolished from and after the time when said union school shall go into operation. In the mean time, such officers, and the several districts in district meetings, shall continue to discharge such ordinary powers and duties as said board of education may by resolution prescribe; but they shall not possess or exercise any right or power which may conflict with the provisions of this act, or impair the powers hereby intended to be conferred on said board of education, or in any way embarass the said board of education in the exercise of the powers, or in the discharge of the duties conferred or imposed upon said board, by the provisions of this act.

§ 11. Said board of education, shall, at its first meeting, and annually thereafter, at their meeting held next after the first of January, in each year, appoint one of their number president and another secretary. In the absence of either of such officers at any regular meeting of the board, a president or secretary may be appointed for the time being.

§ 12. The secretary shall keep a record of the proceedings of said board of education, which record, or a transcript therefrom, certified by the president and secretary, shall be received in all courts as presumptive evidence of the facts therein set forth.

§ 13. Each member of said board of education, and every other officer of said union district, before entering upon the duties of his office, shall take and subscribe the oath of office prescribed by the constitution of this state, and file the same with the secretary of said board.

§ 14. Said board of education shall have power, and it shall be their duty,

1. To establish and organize so many primary schools as they shall deem requisite and expedient, and to alter and discontinue the same;

2. To purchase or hire school houses, rooms, lots or sites for school houses, and to fence and improve them as they may think proper;

3. Upon such lots or sites, and upon any lot or site now owned by any pri mary district, to build, enlarge, alter, improve and repair school houses, out houses and appurtenances as they may deem advisable ;

4. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages, to provide fuel for the schools, and defray their contingent expenses, and the expenses of the library and salary of the librarian;

5. To have the custody and safe keeping of the school houses, out houses, apparatus, books, furniture and appendages, and see that the ordinances and by-laws of said board, in relation thereto, be observed;

6. To contract with and employ all teachers, in all the schools under their charge, and at their pleasure to remove them;

7. To pay the wages of such teachers out of the public money, and tuition fees to be received by them according to the provisions of this act, so far as the same shall be sufficient, and the deficiency, if any, out of the moneys to be raised for general purposes of education, under and virtue of the provisions of this act;

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