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monies appropriated to the support of common schools, among the the several school districts, parts of districts and separate neighborhoods in this state, from which reports shall have been received in accordance with law, in the following manner, viz: to each separate neighborhood, belonging to a school district, in some adjoining state, there shall be apportioned and paid a sum of money equal to thirty three cents for each child in such neighborhood, between the ages of four and twenty-one; but the sum so to be apportioned and paid to any such neighborhood shall in no case exceed the sum of twenty-four dollars, and the remainder of such one-third shall be apportioned and divided equally among the several districts j and the state superintendent of common schools shall by proper regulations and instructions to be prescribed by him, provide for the payment of such monies to the trustees of such separate neighborhoods and school districts, l

No. 11—[§ 5.] It shall be the duty of the state superintendent of common schools, on or before the first day of January in every year, to apportioned divide the remaining two thirds of the said amount of eight hundred thousand dollars, together with the remaining two-thirds of all other moneys appropriated by the state for the support of common schools, among the several counties, cities and towns of the state, in the mode now prescribed by law for the division and apportionment of the income of the common school funds; and the share of the several towns and wards so apportioned and divided, shall be paid over on and after the first Tuesday of February in each year, to the several town superintendents of common schools, and ward or city officers, entitled by law to receive the same, and shall be apportioned by them among the several school districts and parts of districts in their several towns and wards, according to the number of children between the ages of four and twenty-one years, residing in said districts and parts of districts, as the same shall have appeared from the last annual report of the trustees; but no monies shall be apportioned and paid to any district or part of a district, unless it shall appear from the last annual reports of the trustees that a school has been kept therein for at least six months during the year ending with the date of such report, by a duly qualified teacher, unless by special permission of the state superintendent of common schools; excepting also that the first apportionment of money under this act shall be made to all school districts which were entitled to an apportionment of public money, in the year eighteen hundred and forty-nine. l

No. 12—[§ 11.] All the monies received or appropriated by the provisions of this act shall be applied to the payment of teachers' wages exclusively. 2 ,

No, 13—[§7.] Whenever, in consequence of the division of a town, or the erection of a new town, in any county, the apportion

(1) Laws of 1851, chap. 151, § 3,4. (2.) Laws of 1851, chap. 151, § 11. ment then in force shall become unjust, as between two or more of the towns of such county, the superintendent shall make a new apportionment of the school moneys next to be distributed amongst such towns, ascertaining by the best evidence in his power, the facts upon which the ratio of apportionment as to such towns, shall depend.

No. 14—[§8.] The superintendent shall certify each apportionment made by him, to the comptroller, and shall give immediate notice thereof, to the clerk of each county interested therein, and to the clerk of the city and county of New York; stating the amount of moneys apportioned to his county, and to each town and city therein, and the time when the same will be payable to the treasurer of such county, or to the chamberlain of the city of New York,

No. 15—[§3.] It shall be the duty of the clerk of the board of supervisors in each county in this state, on the last day of December in each year, to transmit to the superintendent of common schools certified copies of all resolutions and proceedings of the board of supervisors, of which he is clerk, passed or had during the preceding year, relating to the raising of any money for school or library purposes, and in case it shall not appear that the amount required by law to be raised for school and library purposes has been directed to be raised during the year by the board of supervisors of any county, the superintendent of common schools and the comptroller may direct that the money appropriated by the state and apportioned to such county, be withheld until the amount that may be deficient shall be raised, or that so much only of the money apportioned to such county be paid to the treasurer thereof, as shall be equal to the amount directed to be raised therein by the supervisors of such county; and in such case the balance so withheld shall be added to the principal of the common school fund.

No. 16—[§9.] The superintendent shall prepare suitable forms and regulations for making ali reports, and conducting all necessary proceedings under this Title, and shall cause the same, with such instructions as he shall deem necessary and proper, for the better organizations and government of common schools, to be transmitted to the officers required to execute the provisions of this Title throughout the state.

No. 17—[§10.] He shall cause so many copies of the first six Articles of this Title, with the forms, regulations and instructions prepared by him, thereto annexed, to be, from time to time, printed and distributed amongst the several school districts of the state, as he shall deem the public good to require.

No. 18—[§1L] All moneys reasonably expended by him, in the execution of his duties, shall upon due proof, be allowed to him by the comptroller, and be paid out of the treasury.

No. 19—[§13.] Whenever any money is paid into the treasury of the State for or on account of the common school fund, it shall be the duty of the comptroller to credit the common school fund with interest on the sum so paid in, at the rate of six per cent per annum, for the time the same shall remain in the Treasury.1

ARTICLE SECOND.

Of the distribution of the Common School Fund.

No. 20—[§12.] The sum annually to be distributed for the encouragement of common schools/shall be paid on the first day of February, in every year, on the warrant of the comptroller, to the treasurers of the several counties, and the chamberlain of the city of New York.

No. 21—[§13.] The treasurer of each county, and the chamberlain of the city of New York, shall apply for and receive the school moneys apportioned to their respective counties, as soon as the same become payable.

No. 22—[§14.] Each treasurer receiving such moneys, shall give notice in writing, to the town superintendent or to some one or more of the commissioners of common schools of each town or city in his county, of the amount apportioned to such town or city, and shall hold the same subject to the order of such town superintendent or commissioners.

No. 23—[§15.] In case the commissioners or town superintendent of any such city or town shall not apply for and receive such moneys, or in case there are no commissioners or town superintendent appointed in the same, before the next receipt of moneys apportioned to the county, the moneys so remaining with the treasurer shall be retained by him, and be added to the moneys next received by him, for distribution from the superintendent of common schools, and be distributed therewith, and in the same proportion.

No. 24—[§16.] Whenever the clerk of any county shall receive from the superintendent of common schools notice of the apportionment of moneys to be distributed in the county, he shall file the same in his office, and transmit a certified copy thereof to the county treasurer, and to the clerk of the board of supervisors of the county; and the clerk of the board of supervisors shall lay such copy before the supervisors at their next meeting.

Of the Election and Powers of Town Superintendents.

No. 25—[§1.] There shall continue to be elected in each of the towns in this State, at the same time, and in the manner now provided by law for the election of other town officers, an officer to be denominated "town superintendent of common schools," who shall possess all the powers, perform all the duties, and be subject to all the restrictions, liabilities and penalties conferred and imposed by this act.2

(1) Laws of 1849, chap. 382, § 13.

(2) This and the following sections, except where altered by subsequent enactments, were taken from the act chapter 480 of Laws of 1847.

No. 26—[§3.] The town superintendents of common schools hereafter to be elected in conformity with the provisions of this act, shall, each of them, on or before the first Monday of November succeeding such election, execute to the supervisor of his town and file with the town clerk, a bond with one or more sufficient sureties to be approved by the said supervisor by endorsement over his signature on said bond, with a penalty in double the amount of all the school moneys received by his town from all sources during the preceding year and conditioned for the faithful application and legal disbursement of all the school money coming into his hands during his term of office, and for the faithful discharge of all the duties of said office; and in case such bond shall not be executed, filed and approved within the time herein prescribed, the office of such town superintendent shall be deemed vacant; and any such or any other vacancy that may occur in said office, shall be filled by any three justices of the peace of the same town by a warrant under their hands and seals, who are hereby authorized to make such appointments; and the persons so appointed shall hold their respective offices until others are elected or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors.

No. 27—[§4.] The justices making the said appointment shall forthwith cause the said warrant to be filed in the office of the town clerk of the town, and give immediate notice to the person appointed.

No. 28—[§5.] Every town superintendent elected after this act takes effect shall on executing the bond as before provided, enter upon the duties of his said office on the first Monday of November succeeding his election, and shall hold his office for two years thereafter, and until a successor who shall have been duly elected, shall have taken the oath of office and filed an official bond pursuant to the provisions of this act.

No. 29—[§14.] Any person appointed to the office of town superintendent by the justices of the peace, shall hold his office till the first Monday of November following the next annual town meeting, and whenever the office of town superintendent shall be vacant for any cause, or before the time of the annual town meeting, shall be held by a person so appointed, the electors of the town at such town meeting shall choose a town superintendent to fill such vacancy or to supercede such appointee; and the person so elected shall enter upon the duties of the office on the first Monday of November following his election, and shall hold his office for the term of two years.2

No. 30—[§6.] No town superintendent of a town shall hold the office of trustee of a school district, nor shall a person chosen a

(2) Laws of 1849, Chap. 382, §14.

trustee, hold the office of district clerk, and no town superintendent shall hold the office of either supervisor or town clerk.

No. 31—[§!.] The office of trustees of the Gospel and school lots in the several towns in this state, is hereby abolished; and the powers and duties now by law conferred and imposed upon said trustees, shall hereafter be exercised by the town superintendent of common schools.'

ARTICLE THIRD.

The powers and duties of the town superintendent of common schools.

No. 33— 8. It shall be the duty of the town superintendent of common schools in each town, 1. To divide the town into a convenient number of school districts, and to regulate and alter such districts as hereinafter provided:

2. To set off by itself any neighborhood in the town adjoining to any other state of this Union, where it has been usual or shall be found convenient for such neighborhood to send their children to school in such adjoining state:

3. To describe and number the school districts, and to deliver the description and numbers thereof, in writing, to the town clerk, immediately after the formation or alteration thereof:

4. To deliver to such town clerk a description of each neighborhood, adjoining to any other state, setoff by itself:

5. To apply for and receive from the county treasurer all moneys apportioned for the use of common schools in his town:

6. To apportion the school moneys received on the first Tuesday of April, in each year, among the several school districts, parts of districts and neighborhoods separately set off, within the town, in proportion to the number of children residing in each, over the age of four and under that of twenty-one years, as the same shall have appeared from the last annual report of their respective trustees.

7. If the town superintendent shall have received the school moneys of the town, and all the reports from the several school districts therein, before the first Tuesday of April, he shall apportion such moneys as above directed, within ten days after receiving all of the said reports and the said moneys:

S. To sue for and collect, by his name of office, all penalties and forfeitures imposed in this title, and in respect to which no other provision is made, which shall be incurred by any officer or inhabitant of his town, and after deducting his costs and expenses, to add the sums recovered to the school moneys received by him, to be apportioned and paid in the same manner.

No. 34—§ 9. In making the apportionment of moneys among

(1) Laws of 1846, Chap. 86, §1.

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