$112. Each and every of the schools established or maintained under this act, shall be free to the children of all residents of said village; provided however, that said board of education may cause the tuition fee to be charged and collected of the father or mother, master or mistress, or other person (in whose charge such pupil may be) residing in said village, of any pupil over sixteen years of age, or who shall pursue studies which said board shall deem should not be tuition free. For the purpose of collecting such fees, such board shall by general rules provide for the keeping of proper registers, in which shall be entered the name of every such pupil, and his father or mother, master or mistress, or other person in whose charge such pupil may be, the length of time such pupil shall attend such school, and the tuition fee chargeable therefor. Immediately previous to the issuing of the warrant for the collection of the annual village tax, said board of education shall cause to be presented to the board of trustees, an abstract from such registers containing a statement of names of every such father or mother, master or mistress, or other person residing in such village, from whom any sum or amount was due for such tuition fees, at the close of the term previous to the presentation of such lists. The annual tax list shall contain a column headed "tuition fees," in which shall be entered opposite the name of such person the amount so returned as aforesaid, which sum shall be included in the aggregate column to be collected under such warrant; and the same proceedings shall be had for the collection thereof as for other village taxes; and when collected the same shall be paid to the treasurer, to the credit of the school fund; but such return so made shall not include the name of any person who shall, in the opinion of the board, be in indigent circumstances; any person specified in such return may at any time before the collection of said tuition fee, apply to said board of education for a remission of the same; and if said board shall deem proper, they may by resolution duly passed remit the same in whole or in part, and the clerk shall certify such remission to the collector, and no further proceedings shall be had for the collection of the sum so remitted.

§ 113. Nothing in this act contained shall prevent the trustees of the Washington academy from receiving from the regents of the university any sum or allowance, for pupils pursuing classical studies therein, or for organizing and maintaining a teachers' department therein. And any pupil in any of the departments organized in said academy under the provisions of this act, pursuing such classical studies as are required by the regents aforesaid, in order to be entitled to an allowance, and being of sufficient age, shall be included in the returns of said trustees to said regents, and they shall be entitled to the same allowance for such pupil or pupils as for other classical pupils heretofore.

SCHENECTADY.

[Laws of 1829, Chap. 324.]

§ 1. The amount of monies allowed to the city of Schenectady, by the superintendent of common schools, shall be apportioned by the treasurer of the county of Schenectady, between the Schenectady Lancaster school society, and such common school districts and parts of districts as now are or hereafter may be organized without the bounds of the compact part of city of Schenectady, called the police; and in a ratio proportioned to the number of children over the age of five and under sixteen [21] years within such compact part, and the number of such children in such districts and parts of districts respectively, without such compact part

§ 2. The treasurer of the county of Schenectady shall pay the amount thus apportioned to the Schenectady Lancaster school society, to its treasurer, for the use of said society, and the amount thus apportioned to such school districts and parts of districts, to the commissioners of common chools for the several wards of the city of Schenectady.

§3. The commissioners of common schools for the several wards of the said city, shall distribute and pay to the trustees of such school districts and parts of districts, the amount so received by them from the county treasurer, in proportion to the number of children residing in each, over the age of five and under that of sixteen [twenty-one,] years, as the same shall have appeared from the last annual report of their respective trustees.

§ 4. The assessors of the several wards of the city of Schenectady, shall every year in their respective wards, take a census of the children between the ages of five and sixteen [twenty-one,] years, residing within the compact part of said city, and shall between the first day of May and the first day of October, in each year, make and transmit a report of the same to the clerk of the county of Schenectady.

§ 5. The reports required by law to be made by the trustees of the common school districts and parts of districts, without the bounds of the compact part of the city of Schenectady, to the commissioners of common schools, for the several wards of the said city, shall be verified by the affidavit of the said trustees. ⠀⠀⠀⠀

§ 6. The monies received by the treasurer of the county of Schenectady, from taxes collected in said city, under the laws relative to common schools, shall be apportioned by him between such common school districts and parts of districts, without the bounds of the compact part of said city, and the Schenectady Lancaster school society, in the ratio proportioned to the amount of the assessments of the real and personal estates of the taxable inhabitants residing in such districts and parts of districts, and the assessments of all real estate situate therein and owned by persons residing out of such districts and parts of districts, and the amounts of the assessments of the real and personal estates of all the taxable inhabitants of the city, after deducting therequt the aggregate of the assessments last mentioned.

.

§ 7. The treasurer of the county of Schenectady shall pay the amount apportioned by virtue of the last preceding sections to the Schenectady Lancaster school society, to its treasurer, for the use of said society, and the amount apportioned under said sections to such school districts and parts of districts, to the commissioners of common schools for the several wards of said city, which amount so paid to the said commissioners shall be distributed and paid by them in the manner provided in the third section of this

act.

§ 8. To enable the treasurer of said county to make the apportionment required by the sixth section of this act, the assessors of the several wards of the city of Schenectady shall annually, within the time limited in the fourth section of this act, for taking the census therein mentioned, make out and deliver to the treasurer of said county, an abstract from the assessment rolls of their respective wards, containing the names and the amounts of the assessments, of the real and personal estates of each of the taxable inhabitants residing in the said school districts or parts of districts, together with the amount of the assessments of all real estate situate therein, and owned by persons residing out of such districts or parts of districts.

§ 151. [Rev. St. Chap. 15, Art. 7, Title 2, Part 1.] The commissioners of schools of the city, shall divide that portion of the territory of the first and second wards of the city, not comprised within the bounds of the police, into such number of school districts as they may deem convenient, and may alter and regulate such districts according to the provisions of this title, and the provisions of this title shall apply to all districts so established.

152. Ditto.] It shall

§ be the duty of the trustees of the Lancaster school society to make an annual report to the superintendent of common schools, in such form as shall be prescribed by him, of the state and condition of the schools for whose benefit the school moneys shall have been ap plied.

[Laws of 1839. Chap. 222.]

§ 14. It shall be lawful for the trustees of the Lancaster school society in the city of Schenectady, to cause to be taught in any school or schools established by them or placed under their charge by the mayor, recorder and aldermen of said city, within the bounds of the police of said city, all such branches of education as may by law be taught in any common school in this state; and that for teaching any such branches of education, it shall be lawful for said trustees to adopt such mode of instruction as shall seem to them best adapted to attain the end of rendering the benefits resulting from the school fund more extensively useful and beneficial to the inhabitants of said city,

1

§ 15. It shall be lawful for the common council of the city of Schenectady to expend, annually, any súm not exceeding five hundred dollars for the purposes of common schools and education generally throughout the city; and the said common council, for such purposes, may annually cause to be raised, by tax, any sum not exceeding five hundred dollars, in the same manner as the taxes for repairing highways and supporting the poor are raised in and by the twenty seventh section of the act entititled, "An Act relative to the city of Schenectady," passed April 29th, 1833.

SENECA.

[Laws of 1844. Chap. 175.]

1. It shall be lawful for the trustees of school district number one, in the town of Seneca, in the county of Ontario, at the next annual meeting of the district after the passage of this act, to submit for the consideration of such meeting, a proposition, graduating the rates of tuition to be paid by scholars attending the different departments into which such school is now divided; if the same is approved, or shall be so amended as to be approved by a majority of those present qualified to vote in such meetings, such rates may be charged and collected, but they shall not be raised during the year next following their adoption.

༣

§ 2. At any annual meeting of the district after such rates of tuition have been adopted, the same may be raised, reduced or entirely abolished, by a majority of such meeting.

SYRACUSE.

[Laws of 1848. Chap. 238.]

AN ACT in relation to public schools in the city of Syracuse. Passed April 11, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S 1. There shall be appointed by the mayor and common council of the city of Syracuse, on the third Tuesday of April, eighteen hundred and forty eight, from each ward in said city, two commissioners of common schools for the said city, who shall be residents of the ward for which they are appointed. The persons so appointed shall, within ten days after their appointment take the oath of office prescribed by the constitution of this state, and file the same with the city clerk.

§ 2. Within ten days after their appointment, as in the last section men ționed, said commissioners shall meet at Market Hall in said city, and cause

the said commissioners so chosen to be divided into two classes, to be denominated"first" and "second" classes. The term of office of the first class shall expire at the end of one year from the second Tuesday of March, eighteen hundred and forty-eight; of the second class at the end of two years from the said second Tuesday of March, eighteen hundred and forty eight.

§ 3. There shall, in like manner, in each year thereafter, be elected one commissioner of schools for each ward of said city, to supply the places of those whose term of office is about to expire; they shall hold their offices for two years, and until their successors are elected, and have taken the oath of office. The term of office of all commissioners elected pursuant to the provisions of this act, shall comnience on the first Tuesday after their election. Said election shall take place at the time of the general charter election of said city in each and every year thereafter, and shall be subject to all the provisions in regard to said election, so far as the same may be applicable, as are contained in the charter of said city, passed on the 14th December, 1847

§ 4. The common council of said city may make appointments of commissioners of common schools to fill vacancies which may occur from any cause other than the expiration of the term of office of those elected. The commissioners so appointed shall hold their office for the unexpired term of those to supply whose places they were appointed

§ 5. Any commissioner of common schools in said city may be removed from office for official misconduct by the common council thereof, by a vote of two thirds of the members thereof, but said commissioner shall be allowed an opportunity to refute any such charge of misconduct, before removal.

§ 6. The commissioners of common schools in said city shall constitute a board, to be styled the "Board of Education of the city of Syracuse," 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. At their first meeting after an election, they shall elect one of their number President, and whenever he shall be absent a president pro tempore may be appointed, but such president shall only have a casting vote. They shall also appoint a clerk and fix his compensation, and who shall hold his office during the pleasure of the board. The said commissioners shall receive no compensation for their services. They shall have the care of the gospel and school lands and securities taken therefor in said city.

7. The clerk of said board shall keep a record of the proceedings thereof, and perform such other duties as the board may prescribe; which 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 and accounts of the said board, shall, at all times, be subject to the inspection of the common council and of any committee thereof.

§ 8. The common council of the said city shall have the power and it shall be their duty, to raise, from time to time, by tax upon the real and personal estate in said city which shall be liable to taxation for the ordinary city taxes, or for city or county charges, in addition to the amount of school monies now or hereafter appropriated or provided by law for common schools in said city, such sums as may be determined and certified by the said board. of education to be necessary or proper for any or all of the following pur

poses:

1. To purchase, lease or improve sites for school-houses.

2. To build, purchase, lease, enlarge, alter, improve and repair schoolhouses, and their out-houses and appurtenances.

3. To purchase, exchange, improye and repair school apparatus, books, furniture and appendages, but the power herein granted shall not be deemed to the furnishing of class or text books for any scholar whose parent or guardian shall be able to furnish the same.

4. To procure fuel and defray the contingent expenses of the common chools, and the expenses of the district library of said city.

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 such tax shall not be laid oftener than once in each year:

6 Nor shall the amount to be raised for teachers' wages and contingent expenses in any one year be less than twice nor more than six times the amount of public money received during the previous year. Nor shall the amount to be raised in any one year for buying sites and erecting and repairing school-houses and the appurtenances, exceed one thousand five hundred dollars.

$ 9. The common council shall cause the amount of the tax at any time · ordered to be raised in pursuance of this act, to be added · to the amount which they are otherwise authorised by law to raise by tax in said city, and they shall cause the same, with the collector's fee thereon, to be assessed, levied and collected at the same time and by the same warrant, and in the same manner with the taxes raised for city expenses, under and by virtue of the act of incorporation of said city.

$10. All moneys to be raised pursuant to the provisions of this act, and all school moneys by law appropriated to or provided for said city, shall be paid to the treasurer of said city, who, together with the sureties upon his official bond shall be accountable therefor in the same manner as for other moneys of the said city; the said treasurer shall also be liable to the same penalties for any official misconduct in relation to the said moneys as for any similar misconduct in relation to other moneys of the city.

§ 11. After the passage of this act the treasurer of the said city shall not pay out any moneys in his hands received by the said city, either as school moneys or collected or received by virtue of any of the provisions of this act, excepting upon an order drawn upon him and signed by the president and clerk of said board of education, and no such order shall be drawn except by virtue of a resolution of the said board.

§ 12. The said board may cause a suit or suits to be prosecuted in the name of the city of Syracuse, upon the official bond of the treasurer or of any collector of said city for any default, delinquency or official misconduct in relation to the collection, safe keeping or payment of any moneys in this

act mentioned.

§ 13. The said board shall have power and it shall be their duty,

1. To establish and organize such and so many schools in said city, (including the common schools now existing therein) as they shall deem requisite and expedient.. and to alter and discontinue the same.

2

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

3. Upon such lots and upon any sites now owned by said city, to build, enlarge, alter, improve and repair school houses, out houses and appurtenances as they may deem advisable.

T

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

5. To have the custody and safe keeping of the school houses, out houses, books furniture and appendages, and to see that the ordinances of the common council in relation thereto be observed.

6. To contract with, license and employ all teachers in the common school and high school, and at their pleasure to remove them.

7. To pay the wages of such teachers out of the school moneys which shall be appropriated and provided in the said city, so far as the same shall be sufficient, and the residue thereof from the money authorised to be raised for that purpose by section eight of this act, by tax upon said city.

8. To defray the necessary contingent expenses of the board; including an annual salary to the clerk, provided that the account of such expenses shall first be audited and allowed by the common council.