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8. To fix the rate of tuition fees in said union school, subject to the limitations and restrictions hereinafter contained, and to designate some person or persons to whom the same may be paid previous to issuing the warrant for the collection thereof; and by a resolution of said board, to be recorded by the secretary, to exempt from the payment of the whole or any part of the tuition fees, such persons as they may deem entitled to such exemption, from indigence, or any other sufficient cause;
9, After the close of each quarter of said union school, to make out a rate-bill, containing the name of each person liable to pay tuition fees for tuition in said union school, who shall not have paid the same prior to making out such rate-bill, according to the provisionsof the last preceding sub-division of this section, and the amount for which such person is liable, adding thereto a sum not exceeding five cents on each dollar for collector's fees, (which fees shall be fixed by said board, at the time of making out every rate-bill,) to annex thereto a warrant for the collection thereof, to be signed by the president of said board or a majority of the members thereof, and deliver the same to the collector, who shall collect the same in the same manner as collectors of school districts are bylaw authorized and required to execute like warrants issued by the trustees of common school districts; and who, in the execution of the same, shall be under the same protection, possess all the powers, and be subject to all the duties as such collectors now have, possess, and are subject to in respect to like •warrants; and for this purpose, the jurisdiction of said board of education, and of said collector, shall extend to any other district or town, and to any resident of such other district or town, who may be liable for tuition in said union school, in the same manner and with the like authority, as to said union district, or residents of said union district;
10. To have in all respects the superintendence, supervision, management and control of all the schools mentioned or contemplated in, and by the provisions of this act; to prescribe the course of studies therein, the books to be used and establish an uniformity in respect to such course of studies and books; from time to time to adopt, alter, modify and repeal, as they deem expedient, rules, regulations arid ordinances; for the organization, government and instructions of such schools, for the reception of pupils and their transfer from one school to another; for the promotion of their good order, prosperity and public utility; for the protection, safe keeping, care and preservation of school houses, lots, sites and appurtenances, and all other property connected with or appertaining to such schools;
11. To cause such rules, regulations, ordinances and by-laws to be published in such manner and form, as they may deem best calculated to give general information; to cause one copy thereof, together with a copy of this act to be kept in each of said schools, and such parts thereof as relate to such schools respectively, to be read therein, at least once during each quarter;
12. Said board of education shall in all respects be subject to the visitation and control of the superintendents of common schools of the town, county and state in the same manner as the common schools in this state are subject.
§15. Said board of education shall have power, and it shall be their duty, to raise from to time, by tax upon the real and personal estate within the bounds of said union district which shall be liable to taxation for the ordinary taxes of said village, or for town or county charges, such sums as may be determined by resolution of said board, to be necessary for any and all the purposes mentioned in the last preceding section, or to meet any deficiency arising from any cause connected with the subject of education in said village., .to provide for which, power shall be given to said board by the provisions of this act, the laws relating to common schools, or the rules and regulations of the superintendent of common schools. Whenever any sum of money shall be needed by any primary district, for any of the objects in this or the last preceding section mentioned, except for teachers' wages, said board of education shall cause such amount to be assessed, levied and collected from the property of such district by the same.warrant,..in, addition to, and in connection with the tax next to be raised for the general purposes of education, under and by virtue of the provisions of this act; making therefor a separate column in said tax list. The treasurer shall keep a separate account of all moneys so raised for such primary district, and said board of education shall, by orders on such specific fund, draw out such moneys only for such objects, and in favor of such primary district.' v ■ : . •,..;,•>
Said board of education shall, at the commencement of each year, makean estimate by the best means in their power, of the amount of money which will be needed for all the purposes of education, and other purposes: pro-;vided for by this act, over and above the moneys to be received from the town superintendent, and from tuition fees, and shall cause the same to be raised by one assessment and warrant; and not more than two taxes for such purposes,.shall ever be raised in one year.
The amount of money so to be raised in any one year, after the first year, shall not be less than the amount received in bchalf of all said districts, from the town superintendent, for the year next preceding; nor more than four times that amount, unless such greater amount. ;shall be authorized by a vote of the taxable inhabitants of said union district, at a regular meeting of such district/ . '•;..■';•!■... * ■; ■.-■ • ■«-. ••
§ 16. Said board of education shall have power, audit, shall be their duty, forthwith to purchase a suitable lot, so situated as best to convene the whole of said union district, not to exceed, in cost, the sum of-twenty-five hundred: dollars, and procure a clear title thereof, to be vested, by deed, in said board of education; to cause said lotto be graded, fenced, and otherwise properly improved; to erect thereon a; suitable; andr proper building or buildings, to be built of stone or brick, not to exceed in expense,vthe sum of eight thousand dollars, nor to cost less than • five • thousand dollars; furnish the same with ail proper,- useM and necessary furniture, apparatus and appendages; as soon as the building is in proper condition, employ: a- sufficient number of well qualified teachers, male and female,.and cause: a school to be commenced therein, to be called "The Lockport tlnioa School,-'; in which shall be taught only the higher branches of education; ;■■>.-. ';
The tuition fee inlaid union school, shall not exceed two dollars each, per quarter, for pupils whose parents or guardians reside within the territory of said union district; for all other pupils, said tuition fee shall not be less than two dollars, nor more than five dollars per quarter. No tuition fee shall thereafter be charged, nor any rate bill be made for. tuition, in the primary schools, but the same shall be free;sehoola;
§ 1/7. Said board of education shall, as soon as practicable make an estimate of the amount of money, which, in their opinion, will be necessary for the purposes in the last section;specified; and also for such purposes specified in section fourteen, of this act, as may be. needed: or required for the;first; year, and shall forthwith assess, levy and collect the same, by tax upon real and personal estate, as specified in section fifteen of this act. They shall, for this and all other taxes to be raised by them, make out a tax list, in the manner and form in which like tax lists are now made, by: trustees of school districts, so far as such form is applicable, annex thereto, a warrant in like form, signedby the president or a majority of the members of said board, and deliver the same to the collector; which, when-so made and signed, shall be as effectual to all intents .and purposes- as like tax lists and warrants, when made by the trustees -of: common; school districts. :,• Said; board may, in respect to the collection-.of.all;^taxes^ conform to;the. provisions of the twentyninth, thirtieth and thirty-first sections of the one hundred and eightieth chapter of the Session Laws; of. one thousand'eight hundred and forty-five, and require the collector to comply with the provisions of said sections, so far as the same are applicable. Said board may so far vary; from: the provisions of said sections, as to time and places, as to render them applicable, and may make such warrants' returnable. at sixty or ninety days, in their discretion, instead of thirty days, as now required by law, in respect to such warrants made-by trustees of common school districts; but all property now exemptr by section twenty-two, title five, chapter six, part third of the Revised Statutes, from execution shall be exempt from all such warrants.
§ 18. All moneys to be raised by virtue of this act, and allmoneys by law, appropriated to, or provided for said districts, shall be paid to the treasurer of said board, who together with the sureties upon his official bond, shall be accountable therefor, to said board of education. Said treasurer shall not pay out any of such moneys, except by resolution of said board, and upon an order drawn by the president and certified by the secretary, to be so drawn in pursuance of such resolution.
§19. Said board of education shall meet for the transaction of business, as often as once in each month, and may adjourn for any shorter time. Special meetings may be called by the president, or in his absence or inability to act, by the secretary or any other member of the board, as often as necessary, by giving personal notice to each member of the board, or causing a written or printed notice to be left at his last place of residence, at least twenty-four hours before the hour of meeting. No member of said board shall receive any pay or compensation for his services. It shall not be lawful for any member of said board, or any other officer of either of said districts, to become a contractor for building or making any improvement or repairs authorized by this act, or be in any manner, directly or indirectly, interested, either as principal, partner or surety in any such contract. All contracts, made in violation of this provision, shall be absolutely void, and the person so violating, shall forfeit the sum of fifty dollars; to be prosecuted for, and recovered by said board.
§ 20. Instead of the report now required by law to be made by trustees of school districts, to the town superintendent of common schools, the trustee so to be elected for each primary district, shall, within the time now required by law, make such report to said board of education, and shall therein embrace such other and further matters as may be required and prescribed by said board, or as such trustee may think the interests of such primary district or school may require. Said board of education shall, annually, between the first of January and the first of March, in each year, make to the town superintendent of common schools, a report, containing all such matters relating, as well to said Union district and Union school, as to said primary districts and their schools, as is now, or shall hereafter be required by law, or the regulations of the superintendent of common schools, to be reported to said town superintendent, and such other and further matters as they may deem advisable. Such report shall be received by said town superintendent, instead of the reports now required from each, of said seven districts. A copy of such report shall be filed with the secretary of sai'd board.
§ 21. Said board of education shall, from time to time, appoint such, and so many members of their board, as they may deem proper, not less than three in number, a visiting committee; whose duty it shall be to visit said union school, and each of said primary schools, as often as once in each quarter; and make a report in writing to said board, showing the state and condition of each school, school-house, apparatus and appendages, and such other matters as said board may require of them, and such suggestions for the improvement of the same, as they may deem proper and advisable; such reports shall be filed and kept among the papers of said board. Such board may in their discretion,'cause such reports, or any parts of the same, or the substance thereof, and any and all other matters relating to said schools, to be published in such form as they may deem advisable. They shall, at the close of each year, publish in one or more of the village newspapers, a report of the moneys received and expended by them, during the year, and such other matters as they deem advisable.
§ 22. Whenever, in the opinion of said board, the interests of any primary district, require the sale or exchange of the school lot therein, said board may cause such sale or exchange to be made, and hold the proceeds thereof, r the use and benefit of such primary distriot;
§ 23. The title of school-houses, sites, lots, furniture, books, apparatus and appurtenances, and all other school property in this act mentioned, shall be vested in said board of education; and the same, while used for, or appropriated to school purposes, shall be exempt from all taxes and assessments, and shall not be liable to be levied upon, or sold by virtue of any warrant or execution. Said board of education, in their corporate capacity, shall be able to take, hold and dispose of any real or personal estate, transferred to it by gift, grant, bequest or devise, for the use of said schools, or any or either of them. Provided, however, that said board shall not have power to sell, grant, dispose of or incumber, said union school lot.
§ 24. Every officer in this act mentioned, having at the time, the possession, custody, care, charge or control, of any property belonging to said schools, or any or either of them, or any money raised by the provisions of act, or provided by law for the purposes of education in said village, shall, at the expiration of his term, or whenever such officer shall resign, be removed from office, cease to act, or his office be otherwise vacated, transfer all such property, and pay over all such money to the board of education.
§ 25. Every resignation of officers appointed or elected under this act, shall be made to the board of education, and such resignation shall have no force or effect, nor in any degree excuse such officer from the discharge of his duties, until the same be accepted and approved by a resolution of said board. l
§ 26. Any such officer may be removed from office for any official misconduct or neglect of official duty, by resolution of said board; two thirds of the members thereof concurring. Opportunity shall be given to every such officer to be heard in his defence, before any such resolution shall be adopted.
§ 21. Every person appointed or elected to any office mentioned in this act, who, without sufficient cause, shall refuse to serve therein, shall forfeit the sum often dollars; and every person so appointed or elected, and not having refused to accept, who shall neglect to discharge the duties of such office, shall forfeit the sum of twenty dollars to sai L board of education. It shall be the duty of said board of education, forthwith, to prosecute for all forfeitures and penalties under this act, and when recovered, to apply the same to the purposes of education in said village. All officers mentioned in this act, shall be deemed public officers, within the intent and meaning of section thirty-eight, of title six, of chapter one, part four of the Revised Statutes; and as such, liable to the penalty therein prescribed, in addition to the penalty in this section before provided.
§ 28. The several libraries of the said seven districts are hereby consolidated into one. Said board of education shall cause a suitable and proper room to be fitted up in said union school building, and furnished with necessary and suitable fixtures, furniture, apparatus and appendages, and transfer said library thereto, and put it under the charge of a librarian. They shall annually allow and pay to said librarian, such salary as in their opinion, shall be a fair and reasonable compensation for his services, but not to exceed the sum of fifty dollars in any one year. They shall pass such by-laws for the regulation and preservation of said library, and for the discharge of the duties of the librarian, as they may think necessary. The library money hereafter to be received in bchalf of said districts, shall be paid by the town superintendent to the treasurer of said board. Said board shall expend such money entirely for the purchase of books and maps for the library.
§ 29. Lands of residents and non-residents of said districts may be sold by said board, for uncollected taxes assessed thereon for school purposes, by virtue of the provisions of this act, in the same manner, and by like proceedings as the trustees of said village adopt to sell lands for unpaid taxes assessed for village purposes, and such sales shall have the like effect as sales so made by the trustees of said village; or the lands of residents and non-residents of said districts, said board may cause to be returned to the county treasurer, in the same manner as trustees of common school districts are now authorized by law to return unoccupied and unimproved real estate of nonresidents of their districts, for unpaid taxes assessed thereon. Said county treasurer shall pay to said board the amount of such taxes, out of any moneys in the county treasury raised fur contingent expenses, and such proceedings in all respects, shall thereafter be-had by said county treasurer, and the board of supervisors of the county of Niagara in relation to all lands so returned, as they are by law required to take in respect to unoccupied and unimproved lands of non-residents, when so returned by trustees of common school districts. But no lands shall be so sold or returned, until a reasonable effort shall have been made to collect such taxes by warrant, as provided in section seventeen of this act, and the collector shall have returned that he cannot collect the same.
§ 30. Said board of education may cause a school for colored children to be taught in said village, and include the expenses thereof in the amount so to be raised annually by tax, for contingent expenses and other purposes of education provided for m this act.
'§31. Said board of education may organize in said union school, a department for the instruction of teachers, for such parts of the year, and under such rules and regulations, as they may by their by-laws adopt relative thereto.
§32. Said board of education, may at any time hereafter, whenever in their opinion the wants and interests of said schools shall require it, establish a class of so many schools intermediate said primary and union schools as they may deem advisable, to be called secondary schools, and for this purpose consolidate such and so many of said primary districts, as they may deem advisable, prescribe the tuition fees and course of studies therein, and so arrange and regulate the system of instruction in all of said schools, that the transfer of pupils shall thereafter be from the primary, directly into the secondary, and thence into the union school. And for this purpose, and for the organization, government and regulation of said secondary schools, said board shall have all such powers as are hereinbefore conferred upon them, in respect to said primary and union schools and their districts and property
[Chap. 11, Laws of 1850.]
§1. The provisions of the act entitled "An Act in relation to Common Schools in the village of Lockport," passed March 31, 1847, are not and shall not be deemed or adjudged to be or to have been: affected; altered or impaired by the act entitled "An act establishing Free Schools throughout the State," passed March 26, 1849. ■■.;■■■; \
§2. "The board of education for the village of Lockport" is hereby authorized to increase the rates of tuition fees in the Union School under its charge, and to graduate the same according to the branches of instruction pursued. p,
§ 3. Said board of education is hereby authorized to appoint a superintendent of the schools under its charge, with such powers and duties and compensation as said board shall prescribe.
§ 4. From and after the first day of April next • so long as the common schools of this state shall be' free- the said board of education shall cause each of the secondary schools under its charge to be taught by a competent male teacher, or a male and female teachers/audHhe usual common school studies shall be free; but for the time prior to the said first day of April next, said board may collect tuition fees for instruction therein, as well as in the Uuion school, as they have heretofore done; and such studies shall be taught in said Union school as said board may prescribe. ■■:■..■_.,
§ 5. Said board shall not raise by tax upon the property in the Union school district, any money for the salariesof teachers in the Union school district, which3shall accrue after the first day of April next.
§ 6. The acts and doings of said board of education, in accordance with the provisions of their act of incorporation, since the act entitled "An act establishing free schools throughout the state," passed March 26, 1849, took effect are hereby ratified and confirmed.