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11. To examine and audit all accounts when duly certified by the trustees to be correct. *. .
POWERS AND DUTIES OF TRUSTEES.
§ 10. It shall be the duty of the trustees of each ward and they shall have power: - . . - 1. To have the safe keeping of all the property belonging to the ward schools and the ward primaries in their respective wards; 2. Under such general rules and regulations as the board of education may adopt, to contract with and employ teachers in said schools, and make other contracts for conducting and managing their schools; 3. To procure, as may be necessary, blank books, in one of which a statement of the amounts of all moneys received and paid by the trustees, and of all moveable property belonging to each school shall de ertered at large and signed by such trustees; and in other books, the teacher shall enter the names and residence of the scholars attending school, and the number of days they shall have respectively attended; and also the days on which each school shall have been visited by the city superintendent and the school officers of the ward, or any of them, which entries shall be verified by the oath or affirmation of the principal teacher in such school. The said books shall be preserved by the trustees as the property of the schools, and shall be delivered to their successors; . . so4. To make, on or before the fifteenth day of January, in every year, and transmit to the board of education, a report in writing, dated on the first day of January, which shall be signed and certified by a majority of the trustees, which report shall state: the whole number of schools within their jurisdiction, especially designating the schools for colored children; the length of time each school shall have been kept open ; the whole number of scholars over four and under twenty-one years of age, who shall have been taught, free of expense to such scholars, in their schools during the year preceding the first day of January, which mumber shall be ascertained by adding to the number of children on register at the commencement of each year, the number admitted during that year, which shall be considered the total for that year; the average number that has actually attended such schools during the year to be ascertained by the teachers' keeping an exact account of the number of scholars present every school time, or half day, which being added together and divided by four hundred and sixty, or if less than a year, by the number of school sessions, shall be considered the average of attending scholars, which average shall be sworn or affirmed to by the teachers; a detailed statement of the amount of moneys received for their respective schools during the last year from the chamberlain of the city, and of the purposes for, and the manner in which the same shall have been expended; and a particular account of the state of the schools and of the property and affairs of each school under their care; and the titles of all books used, with such other information as the board of education shall require. A report in all respects similar shall be required from the trustees, managers or directors of the corporate schools; - i 5. To hold as a corporation, all personal property vested in or transferred to them for school purposes in their respective wards; and 6. To render at the expiration of their respective terms of office, to their successors, a just and true account in writing, of all moneys received by them for school purposes, and of the manner in which the same shall have been expended, and to pay any balance which may remain in their hands, to their successors.
OF THE CITY SUPERINTENDENT.
. § 11. The board of education shall appoint a city superintendent of common schools for the city and county of New-York, who shall hold his of. fice for two years, subject to removal by the board, on complaint for cause stated. He shall perform such duty, and be subject to such rules, and receive such salary, as may be prescribed by the board of education ; but the salary shall not be increased or diminished during his term of of fice. It shall be his duty specially: - - 1. To visit and examine all schools entitled to participate in the apportionment of the school moneys, as often in each year as the board of educa. tion may direct, and at least once in each year to notify the inspectors of common schools of the ward of the time appointed to visit the schools in such ward, and to invite such inspectors to visit with him the said schools, and, with such inspectors, if they, or any of them, shall attend at such visits, or, without their presence, at any time to enquire into all matters relating to the government, course of instruction, books, studies, discipline, and conduct of such schools, and the condition of the school-houses, and of the schools gemerally, and to advise and to counsel with the trustees in relation to their duties the proper studies, discipline, and conduct of the schools, the course of instruction to be pursued, and the books of elementary instruction to be used therein; and to examine, ascertain, and report to the board of education whether the provisions of the act in relation to religious sectárian teaching and books have been violated in any of the schools of the different wards of the city: - - - 2. To examine, in conjunction with the inspectors of any ward, persons offering themselves as candidates for teachers of common schools, and to . grant them certificates of qualification, in such form as shall be prescribed by the board of education; which certificates, when countersigned by one or more inspectors, shall be evidence of the qualifications of such teachers in every ward of the city and county: and 3. . Generally, by all the means in his power, to promote sound education, elevate the character and qualifications of teachers, improve the means of instruction, and advance the interests of the schools committed to his charge. - - § 12. The city superintendent shall be subject to such general rules and regulations as the superintendent of common schools may prescribe; and appeals from his acts and decisions may be made to the superintendent in the same manner and with like effect, as in cases now provided by law, and he shall make annually to the superintendent of common schools, at such times as shall be appointed by him, a report in writing, containing the whole number of schools in the city and county, distinguishing the schools from which the necessary reports have been made to the board of education, by the commissioners, inspectors and trustees of common schools, and containing a certified copy of the reports of the board of education, to the clerk of the city and county, with such additional information as the superintendent of common schools may require. - § 13. The office of county superintendent of common schools for the city and county of New-York is hereby abolished.
OF THE SUPPORT OF THE SCHOOLS.
§ 14. Whenever the clerk of the city and county shall receive notice from the supérintendent of common schools of the amount of moneys apportioned to the county of New-York, for the support and encouragement of common schools therein, he shall immediately lay the same before the board of supervisors of the said county; and the chamberlain of the said city shall apply for, and receive the school moneys apportioned to the said county as soon as the same become payable, and place the same to the credit of the mayor, aldermen and commonalty of the city of New-York, for the benefit of public education therein. •
§ 15. The said board of supervisors shall annually raise and collect by tax upon the inhabitants of the said city and county, a sum of money equal to the sum specified in such notice, at the time and in the same manner as the contingent charges of the said city and county are levied and collected; also a sum of money equal to one-twentieth of one per cent of the value of the Real and personal property in the said city, liable to be assessed thereon, and pay the same into the city treasury, to be applied to the purposes of common schools in the said city; and the board of education shall apportion the money so raised to each of the schools hereafter provided for by this act, except the free academy, and the evening schools, according to the number of children over four and under twenty-one years of age, who were actual residents of the city and county of New-York at the time of their attendance on such schools, without charge, the preceding year; and the average shall be ascertained by adding together, the number of such children present at each morning and afternoon session, of not less than three hours, and dividing the sum by four hundred and sixty; and if any school shall have been organized since the last annual apportionment, the average shall be ascertained by dividing by a number corresponding to the actual number of morning and evening sessions, of not less than three hours each, held since the organization of such school; and the sum apportioned to any schools, other than the ward Schools, shall be paid to the trustees, managers or directors of such schools, respectively, by drafts on the city chamberlain, to be signed by the president and clerk of said board, and made payable to the order of the treasurers of said trustees, managers, or directors. . § 16. Said board of supervisors shall also raise and collect at the same time, and in the same manner, such additional sum or sums as the board of education, in pursuance of the provisions of the first subdivision of the third Section of this act, shall have reported to be necessary for the purposes therein mentioned. Such moneys shall be paid into the city treasury, and shall, together with the amount apportioned to the ward schools, be paid by the chamberlain of the said city upon the drafts drawn on him by the board of education, signed by the president, and countersigned by the clerk of the board, and by the commissioners, or one of them, of the ward for which the money is to be paid, except such sums as shall be drawn pursuant to the fifth sub-division of the second section of this act, which shall be paid by said chamberlain, upon drafts drawn on him by said board, signed by the president and clerk, and countersigned by the chairman of the finance committee of said board, and all drafts shall be made payable to the person or persons entitled to receive the same. * - $ 17. If any of the said newly organised ward Schools, by reason of peculiar circumstances, shall be equitably entitled to a larger sum than they will receive under an apportionment made as aforesaid, then the board of education shall be authorised, and they are hereby required to make to such schools such further allowance out of the school moneys, as they, the board of education, shall deem just and proper. § 18. No school shall be entitled to, or reeeive any portion of the school moneys in which the religious doctrines or tenets of any particular christian, or other religious sect, shall be taught, inculcated or practiced, or in which any book or books, containing compositions favorable or prejudicial to the particular doctrines or tenets of any particular christian, or other religious sect, or which shall teach the doctrines or tenets of any other religions sect, or which shall refuse to permit the visits and examinations provided for , in this act. But nothing herein contained shall authorise the board of education to exclude the Holy Scriptures, without note or comment, or any, selections therefrom, from any of the schools provided for by this act; but it shall not be competent for the said board of education to decide what version, if any of the Holy Scriptures, without note or comment, shall be used in any of the schools: Provided that nothing herein contained shall be so construed , as to violate the rights of conscience as secured by the constitution of this state, and of the United States, . - . § 19: If the school moneys apportioned to the common schools, agreeably to the previous section of this act, shall exceed the necessary and legal expenses of either of such schools, the board of education shall authorise the payment only of such sum or sums, as shall be sufficient to provide for.such expenses, and any deficiency in the sums apportioned to meet the necessary and legal expenses of public education in the said schools, shall be supplied by the common council of the said city, and they are hereby authorised and directed to raise by loan, in anticipation of the annual tax, such sum or sums, as shall be necessary to meet such deficiency. And the board of education shall, in all cases, certify to the common council the cause of such deficiency, and that the same was unavoidable, and unless such certificate shall be made, the said common council may refuse to raise the sum required to meet such deficiency. -
§ 20. In making the apportionment among the several schools, no share shall be allotted to any school from which no sufficient annual report shall have been received for the year ending on the last day of December, immediately preceding the apportionment. ; .
§ 21. Whenever an apportionment of the public money shall not be made to any school, in consequence of any accidental omission to make any report required by law, or to comply with any other regulation or provision of law, the board of education may, in its discretion, direct an apportionment to be made to such school, according to the equitable circumstances of the case, to be paid out of the public money on hand, or if the same shall have been distributed, out of the public money to be received in a succeeding year. . | .
OF THE SCHOOLS ENTITLED TO PARTICIPATE IN THE APPORTIONMENT,
§ 22. The schools of the Public School Society, the New-York Orphan Asylum School, the Roman Catholic Orphan Asylum School, the schools of the two Half Orphan Asylums, the school of the Mechanic's Society, “the school of the Society for the Reformation of Juvenile Delinquents in the city of New-York. the Hamilton Free School, the school for the Leake and Watt's Orphan House, the school connected with the Alms House of the said city the school of the Association for the benefit of Colored Orphans, the schools of the American Female Guardian Society, the schools of the society for the promotion of education among colored children, the schools organized under the act entitled, “An act to extend to the city and county of New-York, the provisions of the general act in relation to common schools, passed April 11, 1842,” or an act to amend the same, passed April 18, 1843, or an act entitled an act more effectually to provide for common school education in the city and county of New-York, passed May 7, 1844, or any of the acts amending the same and including such normal schools for the education of teachers as the board of education may organize, and the normal school of the public school society for the education of teachers, and such schools as may be organized under the provisions of this act, shall be subject to the general supervision of the board of education, and shall be entitled to participate in the apportionment of the school moneys as provided for in this act, but they shall be under the immediate direction of their respective trustees, managers and directors, as herein provided. - -
OF NEW SCHOOLS.
§ 23. Whenever a majority of the school officers of any ward shall certify in writing to the board of education, that it is necessary to establish a school in said ward, with the facts and circumstances showing such necessity, together with the number and class of scholars who will probably attend such school if established; it shall be the duty of the board of education, without delay, to investigate the subject and determine the expediency of establishing such school in such ward applying for the same. Should the ward officers or any of them, deem themselves aggrieved by such decision, they may appeal to the state superintendent of common schools, who shall decide as to the
propriety of the establishment of such school, and his decision, if adverse to the appellants, shall be binding for the term of one year.
$ 24. Upon a decision favorable to the establishment of a school or schools in any of the wards of the said city, it shall be lawful for the school officers of said ward to proceed to organize one or more schools, such as may be authorized by the board of education, and procure a school-house, by purchasing or hiring the same, or by procuring a site and erecting a building thereon, according to plans and specifications, and contracts which shall have been duly filed with and approved by the board of education, the erection of which said building, and the fitting up thereof, and the fitting up of any hired building, shall be done by contract, proposals for which shall be advertised for two weeks previous to deciding upon estimates thereon, unless such fitting up shall not exceed the sum of two hundred dollars; and the expense of establishing and organizing any school, as †. mentioned, shall be levied and raised pursuant to the provisions of this act. - -
§ 25. The title to all school property, real and personal, purchased with any moneys derived from the distribution or apportionment of the school moneys, or raised by taxation in the city of New York, shall be vested in the mayor, aldermen and commonalty of said city, but no contract or contracts shall be made by the school officers of any ward for the purchase of any site, or for the erection or fitting up, or repairing of any building, when such repairs shall exceed in amount the sum of two hundred dollars, as authorised in this act, until a statement, in writing of the amount required for that purpose shall have been presented to the board of education by said School officers, and, together with a copy of the working-drawings, plans, and specifications of the work to be done, pursuant to the provisions of this act, shall have been duly filed and approved of, as herein required, o an appropriation shall have been made by the board of education there£Or. . . . . . . . . . § 26. The trustees, managers and directors of any of the corporate schools entitled to participate in the apportionment of the school monies, may, at any time, convey their school houses and sites to the corporation o the city of New York, and transfer any of their schools to the board of education, on the terms and in the manner to be agreed upon and prescribed by the board of education, so as either to merge the said schools in the ward schools, or adopt them as ward schools; and the same shall then be ward schools, subject to all the rules, duties and liabilities, and enjoy the same rights, as if they had been originally established as ward schools. But nothing in this act shall take away from the Public School Society any rights which they have heretofore enjoyed, and the board of education are authorized to provide the Public School Society with all necessary moneys to make all proper repairs, alterations and improvements in the various school premises occupied by them.
OF THE DISCONTINUANCE OF SCHOOLs.
§ 27. Whenever, owing to any nuisance or other circumstance, in the immediate vicinity of any school, or to the small attendance of scholars therein, or other sufficient reason, it shall appear to the board of education necessary and proper to discontinue such school, in any of the wards of this city, the said board shall give notice to the trustees of said school of its intention to consider the propriety of such discontinuonce; and in thirty days after such notice, may proceed to investigate the o: and if a majority of the school officers of the ward shall consent to the same, and if the said board shall determine by a vote of a majority of all the members thereof, that it is proper to close the same, it shall be the duty of said board to withhöld all moneys which may have been apportioned or appropriated for the support of said séhool, and the said school shall not thereafter participate in any subsequent apportionment of the school moneys. So soon as the same shall