ing school houses exceed five thousand dollars. And the common council of said city are authorized and directed when necessary, to raise by loan in anticipation of the taxes, the moneys so to be raised, collected and levied as aforesaid.

§ 13. 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 chamberlain thereof, who together with the sureties upon his of ficial bond, shall be accountable therefor, in the same manner as for other moneys of said city; the said chamberlain shall 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 said city.

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

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

same.

2. To build, lease, or contract for the occupation and use of school houses and rooms, and to improve the same as they may deem proper.

3. To alter, improve and repair school houses and appurtenances as they may deem advisable.

4. To purchase, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages, and to defray their contingent expenses, and the expense of the school libraries.

5. To have the custody and safe keeping of the school houses, cut 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 said schools, and at their pleasure to remove them.

7. To pay the wages of such teachers out of the moneys appropriated and provided by law, for the support of schools in said city, so far as the same. shall be sufficient, and the residue thereof, from the money authorized to be raised for that purpose by section twelve 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 the account of such expenses shall first bë audited and allowed by the common council.

9, To have in all respects the superintendence, supervision, and management of the common schools in said city, and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, government and instruction, for the reception of pupils, and their transfer from one school to another, and generally for the promotion of their good order, prosperity and public utility.

10. Whenever, in the opinion of the board it may be advisable to sell any of the school houses, lots, or sites, or any of the school property, now or hereafter belonging to the city, to report the same to the common council.

11. To prepare and report to the common council, such ordinances and regulations as may be necessary or proper for the protection, safe keeping, care and preservation of school houses, lots and sites and appurtenances, and all the property belonging to the city, connected with or appertaining to the schools, and to suggest proper penalties for the violation of such ordinances and regulations; and annually, on or before the first day of February in each year, to determine and certify to said common council, the sums in their opinion necessary or proper, to be raised under the twelfth section of this act, specifying the sums required for the year commencing on the first of March thereafter, for each of the purposes therein mentioned, and the reasons therefor.

12. Between the first day of July, and the first day of August, in each year, to make and transmit to the county clerk, or such other officer as may be designated by law, a report in writing bearing date the first day of July, in the year of its transmission, and stating,

1. The number of school houses in said city, and an account and descrip tion of all the common schools kept in said city during the preceding year, and the time they have severally been taught.

2. The number of children taught in said schools respectively, and the number of children over the age of five years, and under the age of sixteen [21] years, residing in said city, on the first day of January, of that year.

3. The whole amount of school moneys received by the chamberlain of said city during the year preceding, distinguishing the amount received from the county treasurer, from the city tax, and from any other source.

4. The manner in which such moneys had been expended, and whether any'and what part remains unexpended, and for what cause.

5. The amount of money received for tuition fees from foreign pupils during the year, and the amount paid for teachers' wages in addition to the public monies, with such other information relating to the common schools of said city, as may from time to time be required by the state superintendent of common schools.

§ 15. It shall be the duty of each commissioner to visit the schools in his ward twice in each year; and the board of education shall provide that each of the schools in the city shall be visited by a committee of three, or more of their number, or by their clerk, at least once in each term.

§ 16. The said board of education shall have power to allow the children of persons not resident within the city to attend any of the schools of said city under the care and control of said board, upon such terms as said board shall by resolution prescribe, fixing the tuition which shall be paid therefor.

§ 17. It shall be the duty of said board, in all their expenditures and contracts, to have reference to the amount of moneys which shall be subject to their order, during the then current year, for the particular expenditure in question, and not to exceed that amount.

§ 18. The said board of commissioners shall be trustees of the school library or libraries in said city, and all the provisions of law which now are or hereafter may be passed relative to district school libraries, shall apply to the said commissioners; they shall also be vested with the same discretion as to the disposition of the moneys appropriated by any law of this state, for the purchase of libraries which is therein conferred upon the inhabitants of school districts. It shall be their duty to provide a library room, or rooms, in the several school houses in said city, and the necessary furniture therefor. The clerk of said board shall be the general librarian. The board shall also appoint a librarian for each school, to have the care of the books, and to superintend the letting out and return thereof. The several school librarians shall from time to time, inform the general librarian of the state and condition of their libraries, and the said board or the general librarian, under the direction and by resolution of the said board, may make all purchases of books for the libraries, and provide for their equitable distribution among the schools, and exchange or cause to be repaired the damaged books belonging thereto, and also sell any books which may be deemed useless, or of improper character, and apply the proceeds to the purchase of other books for said libraries.

§ 19. It shall be the duty of said board, at least fifteen days before the annual election for commissioners in each year, to prepare and report to the common council, true and correct statements of the receipts and disbursements of moneys under and in pursuance of the provisions of this act, during the preceding year; in which account shall be stated under appropriate heads :

1. The monies raised by the common council under the twelfth section of this act :

2. The school moneys received by the chamberlain of the city, from the county treasurer, distinguishing between the sum received from the state and the sum raised upon the city by the board of supervisors:

3. The moneys received by the common council under the third section of this act:

4. All other moneys received by the chamberlain subject to the order of the board, specifying the sources.

5. The manner in which such sums of money shall have been expended, specifying the amount paid under each head of expenditure:

And the common council shall, ten days before such election, cause the same to be published in at least two of the newspapers published in said city.

§ 20. The common council of said city shall have the power to pass such ordinances and regulations as the said board of education may report as necessary and proper for the protection, safe keeping, care and preservation of the school houses, lots, sites, appurtenances and appendages, libraries, and all necessary property belonging to, or connected with the schools in said city; and to impose proper penalties for the violation thereof, subject to the restrictions and limitations contained in the act to incorporate the said city; and all such penalties shall be collected in the same manner that the penalties for the violation of the city ordinances are by law collected, and when collected, shall be paid to the chamberlain of the city, and be subject to the order of the board of education, in the same manner as other moneys, raised pursuant to the provisions of this act.

§ 21. It shall be the duty of the common council, within fifteen days after receiving the certificate of the commissioners required by the fourteenth section of this act, of the sums necessary or proper to be raised under the twelfth section of this act, to determine and certify to said board of education the ́amount that will be raised by them for the year commencing on the 1st of March thereafter, for the purposes mentioned in said twelfth section, distinguishing between the amount to be raised for teachers' wages and contingent expenses, and the amount to be raised for the repair of school houses, which amounts shall be subject to the disposal of the board of education.

§ 22. All the moneys required to be raised by virtue of this act, or received by the said city, for or on account or the common schools, except such sums as are raised for the purchase of sites for school houses, shall be deposited for the safe keeping thereof, with the chamberlain of said city, to the credit of said board of education, and shall be drawn out in pursuance of a resolution or resolutions of said board, by drafts drawn by the president and countersigned by the clerk of said board, payable to the order of the person or persons entitled to receive such moneys; and said chamberlain shall keep the funds authorized by this act to be received by him, separate and distinct from any other fund, which he is, or may by law be authorised to receive.

§ 23. It shall be the duty of the clerk of said city, immediately after the election of any person as a commissioner of common schools to personally or in writing, to notify him of his election, and if any such person shall not within ten days after receiving such notice of his election, take and subscribe the constitutional oath, and file the same with the clerk of the said city, the common council may consider it a refusal to serve, and proceed to supply the vacancy occasioned by such refusal; and the person so refusing, shall forfeit and pay to the city chamberlain, for the benefit of the tuition fund, a penalty of ten dollars.

§ 24. It shall be the duty of the several school districts in the city of Troy, within three months from the passage of this act, to transfer and convey to said city all school houses, sites, lots, and all other school property of what ever name and description, and to place in the care of the board of education, all school district records, account books, vouchers, contracts, papers, and other school property, and the said school officers of the said city and the several school districts thereof, shall continue in office until the unfinished business of said districts shall have been finally closed up and settled, not exceeding three months after the passage of this act, with all the power and duties now by law imposed upon them, for the purpose of closing such unfinished business.

§ 25. The common council of the city of Troy shall, on the third Thursday of April, 1849, appoint from each ward in said city commissioners of common schools for said city, corresponding in number with the aldermen elected from said wards, who shall hold their office until the second Tuesday of March,

1850; the said persons so appointed shall be residents of the ward for which they shall be appointed, shall during the time of their appointment constitute said board of education, and possess the same power and privileges, perform the same duties, and be subject to the same regulations as the commissioners to be elected under this act. Their first meeting shall be on the first Wednesday after their appointment.

§ 26. The said commissioners so appointed, shall, in addition to the other duties required of them by this act, on or before the first day of June, 1849, determine and certify to the common council in the manner designated by the fourteenth section of this act, the sums necessary and proper to be raised by said city for the purposes mentioned in said twelfth section, for the year commencing on the 1st of March, 1849. The said common council shall, within fifteen days after receiving said certificate, determine and certify to said commissioners in the manner specified in the twenty-first section, the amounts that will be raised by them, which amounts shall in like manner be subject to the 'disposal of said commissioners.

§ 27. All previous acts and parts of acts inconsistent herewith, are hereby repealed.

[Chap. 353, laws of 1850, as amended by chap. 366 laws of 1851.]

§ 1. It shall be lawful for the board of education of the city of Troy, and the said board is hereby authorized, to discharge all the duties and exercise all the powers belonging to the office of town superintendent of common schools by law, in relation to the formation of joint school districts out of parts of said city, and parts of adjoining towns, and also in the erection of separate school districts, as hereinafter provided, in either the fifth, sixth, and seventh wards of said city.

2. Whenever it may become necessary or convenient to form a joint district out of parts of said city and of any adjoining town, the board of education may depute any member of said board or the clerk thereof, to meet with the superintendent of such adjoining town, and the proceedings of such member of said board, or the clerk thereof, and such town superintendent, in conformity with the statute, duly certified under their hands, in forming, regulating and altering any such districts, shall be valid and conclusive, when ap proved by said board at any meeting regularly convened."

§ 3. The said board of education may, in its discretion, upon the written application of at least two-thirds of the inhabitants, entitled by law to vote in school district meetings, residing within the territory to be included therein, erect separate school districts, and from time to time regulate and alter the same, in either the fifth, sixth and seventh wards of said city. Such separate school districts, when so erected, and the joint districts provided for in the second section of this act, when so formed, shall severally enjoy all the rights and privileges and be subject to all the duties and liabilities of school districts legally formed in the several towns of this state, and shall be no longer under the care and government of said board of education.

$ 4. It shall be the duty of the trustees of all such joint and separate districts as shall be formed and erected in pursuance of this act, to make to the board of education of said city, all the reports and returns which are or may be by law required in the several towns of this state to be made to the town superintendents thereof. It shall be the duty of the said board of education to apportion to each of the parts of such joint districts lying within said city, and to each of such separate districts, from all the public chool moneys that shall thereafter be apportioned and paid to the city, whether the same shall be received from the state school moneys or from the taxes directed by law to be levied and collected for that purpose, the just proportion of such moneys according to the number of children residing within such parts of said joint districts as shall lie within said city, and within said sepBrate districts, between the ages of five and sixteen years inclusive, making the whole number of such children residing within the city the basis for such apportionment, as the same shall appear from the last reports thereof.

§ 5. It shall be the duty of the board of supervisors of the county of Rensselaer, from and after the passage of this act, to direct that all the moneys levied and collected on the inhabitants of the city of Troy for common school purposes, whether the same shall be levied and collected as county taxes or otherwise, shall be paid over by the receiver of taxes for said city, to the chamberlain thereof, for the sole use and benefit of the free public schools within said city, and it shall be the duty of the board of education to apply all such moneys to the support of the free schools of said city in conformity to law.

[Chap. 366, laws of 1851.]

§ 2. Every ward in the city of Troy, and each portion of a ward in which a public school is now, or may hereafter, be maintained, shall constitute a school district, under the supervision and direction of the board of education of said city.

UTICA.

[Laws of 1842, chap. 137, qs amended by chap. 131, laws of 1844. Chap. 184, Title X, laws of 1848, and chap. 66, laws of 1850.]

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

Passed April 7, 1842, by a two-third vote.

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

§ 1. At the next annual election for city officers to be held in the city of Utica, there shall be elected six commissioners of common schools for the said city, who shall be elected in the same manner as justices of the peace, supervisors and constables are elected in said city pursuant to the act incorporating said city.

§2. Within ten days after their election, the persons so elected shall take and subscribe the oath of office prescribed by the constitution, and file the same with the clerk of said city; and they or a majority of them shall thereupon meet and cause the whole number of commissioners so chosen 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; but each class shall continue in office until their successors are elected, and haye taken the oath of office.

§ 3. At every annual election for city officers in said city after the next, there shall in like manner be elected two commissioners of common schools, to supply the places of those whose term of office is about to expire; they shall hold their office for three 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 commence on the first Monday after the first Monday in March next succeeding their election.

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

§ 6. The commissioners of common schools in said city shall constitute a board t be styled the "Commissioners of Common Schools in the city of Utica," which shall be a corporate body in relation to all the powers and duties con