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school, shall cause such child to so attend upon instruction or shall present to the superintendent of Indian schools of the reservation on which such child resides proof by affidavit that he is unable to compel such child to so attend. A violation of this section shall be a misdemeanor, punishable for the first offense by a fine not exceeding $5 or by imprisonment not exceeding 10 days, and for each subsequent offense, by a fine not exceeding $25, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. Courts of special sessions shall, subject to removal, as provided in sections 57 and 58 of the Code of Criminal Procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violation of this section within their respective jurisdictions.

$5 Persons employing Indian children unlawfully to be fined. It shall be unlawful for any person, firm, association or corporation to employ any Indian child residing on any Indian reservation between 6 and 14 years of age, in any business or service whatever, during any part of the term during which the school in the community or district in which such child resides is in session, or to employ any Indian child residing on any reservation between 14 and 16 years of age, who does not, at the time of such employment present a consent in writing signed by the superintendent of the Indian schools on the reservation on which such child resides to the effect that such child may be employed, and specifying the nature of the service and the duration of such service or employment; and any person, firm, association or corporation who shall employ any Indian child contrary to the provisions of this section shall for each offense forfeit and pay to the superintendent of Indian schools of the reservation on which such child resides, a penalty of $25, the same, when paid, to be used for the support and maintenance of the schools on said reservation.

$6 Teachers record of attendance. An accurate record attendance of all Indian children between 6 and 16 years of age shall be kept by the teacher of every Indian school, showing each day, by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction such Indian child shall attend elsewhere than at the school in the community or district of the reservation where he resides, shall keep a like record of such attendance. Such record shall at all times be open to the superintendent of the Indian schools on their respective reservations and to such persons as they may designate as attendance officers, who may in

spect or copy the same, and any teacher shall answer all inquiries lawfully made by such superintendents or attendance officer or other persons; and a wilful neglect or refusal to keep such a record or answer any such inquiry shall be a misdemeanor.

$7 Attendance officers. The superintendents of the Indian schools on their respective reservations shall supervise the enforcement of this act within said reservations and they shall appoint and may remove at pleasure such number of attendance officers as the Commissioner of Education shall deem necessary, whose jurisdiction shall extend over all school districts on the reservation for which they shall be appointed, and he shall prescribe their duties, not inconsistent with this act and may make rules and regulations for the performance thereof. And said superintendent is also vested with the same power and authority as the attendance officers appointed by him.

$8 Arrest of truants. Any attendance officer may arrest without warrant anywhere within the state, any Indian child between 6 and 16 years of age, found away from his home and who is then a truant from instruction upon which he is lawfully required to attend within the district or districts of which such attendance officer has jurisdiction. He shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants, shall bring them before a magistrate for commitment to a truant school, as provided in the next section.

$9 Superintendent to contract for keeping of truants. The superintendent of Indian schools on any of the Indian reservations may contract with any city or district having a truant school, for the confinement, maintenance and instruction therein of any child who shall be committed to such school as a truant by any magistrate before whom such child shall have been examined upon the charge of truancy. The costs and expenses attending the support and maintenance of any truant, as herein provided shall be audited by the Commissioner of Education and paid in the same manner as the expenses of supporting and maintaining the schools on said reservation are paid.

$10 Enumeration. The superintendent of Indian schools on the several Indian reservations shall whenever so directed by the Commissioner of Education, make a complete enumeration of the Indian inhabitants on said reservations; such enumeration shall be made between the first day of May and the first day of August and

shall be tabulated by said superintendent, and such tabulation shall show the name and age of each Indian person on said reservations and shall show in what school district each of such persons reside. Such superintendents shall designate in such tabulation, the district in which each Indian child of school age shall be required to attend school.

$11 Payment of services herein required. The superintendents of Indian schools on the several Indian reservations shall be entitled to receive the sum of $3 per day, in addition to the salary now paid to such superintendents, for each day necessarily spent by them in enforcing the provisions of this act and also for each day necessarily spent in making the enumerations of the reservations and tabulating the same, together with their necessary expenses while employed in enumerating and tabulating the same and enforcing the provisions of this act. Each of the attendance officers herein provided for shall receive such sum per day as shall be fixed by said superintendents of Indian schools for each day necessarily employed in enforcing this act; and each person employed by said superintendents to assist them in taking and tabulating the census of the residents of said reservations, shall be entitled to such compensation as he shall contract for with said superintendents of said schools, not exceeding $2 per day, together with necessary expenses. The expense in taking the enumeration herein provided for shall be audited by the Commissioner of Education and paid in the same manner as other accounts for the support and maintenance of the schools on said reservations are now paid.

$12 Chapter 183 of the laws of 1900 and chapter 188 of the laws of 1901 are hereby repealed.

$13 This act shall take effect May 1, 1904.

CHAPTER 155, LAWS OF 1905 An act to bring union free school district no. 11, town of Southampton, in

the county of Suffolk, under the provisions of the consolidated school law Became a law Ap. 8, 1905, with the approval of the Governor. Passed,

three fifths being present

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

§1 Union free school district no. 11, town of Southampton, in the county of Suffolk, is continued under such name and number and the boundaries thereof shall be the same as its boundaries now are until altered as the law provides.

$2 The said union free school district no. II, town of Southampton, shall hereafter, in all respects, be subject to and governed by the provisions of chapter 556 of the laws of 1894, being the consolidated school law, and all amendments which have been and which may hereafter be made thereto.

83 Chapter 441 of the laws of 1862 and all amendments thereto are hereby repealed.

$4 This act shall take effect immediately.

CHAPTER 587, LAWS OF 1905 An act to amend the state finance law, in relation to the education fund Became a law May 19, 1905, with the approval of the Governor. Passed,

three fifths being present

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

şi Section 80 of article 4 of chapter 413 of the laws of 1897, entitled “An act relating to state finances, constituting chapter 10 of the general laws,” as amended by chapter 225 of the laws of 1904 is hereby amended to read as follows:

$ 80 The education fund. The common school fund, the literature fund, and the United States deposit fund, shall continue to consist of all moneys, securities or other property in the treasury of the state, or under the control of any state officer, and of all debts due the state, or real property owned by it, belonging to such fund. The proceeds of all lands which belonged to the state on Jan. 1, 1823, except the parts thereof reserved or apportioned to public use, or ceded to the United States, shall belong to the common school fund. In case of any diminution of capital belonging to the common school fund, United States deposit fund or literature fund, there shall be transferred to the capital of such fund or funds from the income thereof so much as may be necessary to preserve the capital in violate. Of the income of the United States deposit fund, $25,000 shall annually be added to the capital of the common school fund. It shall be the duty of the Comptroller, at the close of each fiscal year, to transfer to the general fund the remainder of the income of the common school fund, United States deposit fund and literature fund, which together with such amounts as may be raised or received by taxation or otherwise for educational purposes, shall constitute the education fund, and appropriations therefrom may be made annually for the support of the educational system of the state, to be apportioned by the Commissioner of Education in the manner provided by law, which apportionment shall be certified by the Commissioner of Education to the Comptroller for distribution and payment. The amount appropriated by the Legislature for the support and maintenance of the common school system of the state, shall be payable from the treasury upon the warrant of the Comptroller, and the Comptroller shall countersign and enter all checks drawn by the Treasurer in payment of his warrants, and all receipts of the Treasurer for such payments paid to the Treasurer, and no such receipts shall be evidence of payment unless they be so countersigned.

§ 2 This act shall take effect immediately.

CHAPTER 767, LAWS OF 1895 An act to provide additional compensation for teachers of common schools

in any town of the state who have taught therein continuously 25 years

or more

The people of the State of New York, represented in Senate and Assembly, do enact as follows:

$1 Upon the petition of 25 or more taxpayers of any town in the county of the state requesting the submission at the next ensuing annual town meeting of such town made not less than 10 days before the accruing thereof, of the question of making provision by taxation upon the taxable property in such town for a sum of money sufficient to pay such teachers resident of such town, who have been employed in the common schools thereof for not less than 25 years, and have rendered continuous service in teaching for such period, with such intermission only as may have occurred in the allotment of school terms or from sickness, the town board of such town shall cause to be submitted to the taxpayers of such town, at the next ensuing town meeting upon due notice thereof published in a newspaper printed in such town, if any paper be published therein, or printed or written notices posted in not less than 10 public places in such town, the question whether a sufficient sum of money be raised from the taxable property within such town to pay said teachers as compensation for long and meritorious service so

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