TITLE 2

wise, to the state, or to the Superintendent of Public Instruction, for the support or benefit of the common schools, within the state, or within any part or portion of it, or of any particular common school or schools within it; and to any county, or the school commissioner or commissioners of any county, or to any city or any board of officers thereof, or to any school commissioner district or its commissioner, or to any town, or supervisor of a town, or to any school district or its trustee or trustees, for the support and benefit of common schools within such county, city, school commissioner district, town or school district, or within any part or portion thereof respectively, or for the support and benefit of any particular common school or schools therein. No such grant, conveyance, devise or bequest shall be held void for the want of a named or competent trustee or donee, but where Trusts not no trustee or donee, or an incompetent one is named, the title and certain cases trust shall vest in the people of the state, subject to its acceptance by the Legislature, but such acceptance shall be presumed.

invalid in

of trusts

of Superin

§20 The Legislature may control and regulate the execution of Execution all such trusts; and the Superintendent of Public Instruction shall supervise and advise the trustees, and hold them to a regular ac- Supervision counting for the trust property and its income and interest at tendent such times, in such forms, and with such authentications, as he shall, from time to time, prescribe.

boards to

§21 The common council of every city, the board of super- Officers and visors of every county, the trustees of every village, the super-report trusts visor of every town, the trustee or trustees of every school district, and every other officer or person who shall be thereto required by the Superintendent of Public Instruction, shall report to him whether any, and if any, what trusts are held by them respectively, or by any other body, officer or person to their information or belief for school purposes, and shall transmit, therewith, an authenticated copy of every will, conveyance, instrument or paper embodying or creating the trust; and shall, in like manner, forthwith report to him the creation and terms of every such trust subsequently created.

to gospel and supervisor

$22 Every supervisor of a town shall report to the Superin- Reports as tendent whether there be, within the town, any gospel or school school lots by lot, and, if any, shall describe the same, and state to what use, if any, it is put by the town; and whether it be leased, and, if so, to whom, for what term and upon what rents; and whether the town holds or is entitled to any lands, moneys or securities arising from any sale of such gospel or school lot, and the investment.

TITLE 2

Reports as

to moneys in

seers of poor

of the proceeds thereof, or of the rents and income of such lots and investments, and shall report a full statement and account of such lands, moneys and securities.

$23 Every supervisor of a town shall in like manner report to hands of over- the Superintendent whether the town has a common school fund originated under the "Act relative to moneys in the hands of overseers of the poor," passed April 27, 1829, and, if it have, the full particulars thereof, and of its investment, income and application, in such form as the Superintendent may prescribe.

Superintend

§24 In respect to the property and funds in the last two secto Legislature tions mentioned, the Superintendent shall include in his annual

ent to report

May require reports made

Fines and penalties

Apportionment thereof

Reports of district attorneys, as to fines, etc.

Payment of collections to treasurer

Fines and penalties, to whom paid

report a statement and account thereof. And, to these ends, he is authorized, at any time and from time to time, to require from the supervisor, board of town auditors, or any officer of a town, a report as to any fact, or any information or account, he may deem necessary or desirable.

825 Whenever, by any statute, a penalty or fine is imposed for the benefit of common schools, and not expressly of the common schools of a town or school district, it shall be taken to be for the benefit of the common schools of the county within which the conviction is had; and the fine or penalty, when paid or collected, shall be paid forthwith into the county treasury, and the treasurer shall credit the same as school moneys of the county, unless the county comprise a city having a special school act, in which case he shall report it to the Superintendent, who shall apportion it upon the basis of population by the last census, between the city and the residue of the county, and the portion belonging to the city shall be paid into its treasury.

$26 Every district attorney shall report, annually, to the board of supervisors, all such fines and penalties imposed in any prosecution conducted by him during the previous year; and all moneys. collected or received by him or by the sheriff, or any other officer, for or on account of such fines or penalties, shall be immediately paid into the county treasury, and the receipt of the county treasurer shall be a sufficient and the only voucher for such money.

$27 Whenever a fine or penalty is inflicted or imposed for the benefit of the common schools of a town or school district, the magistrate, constable or other officer collecting or receiving the same shall forthwith pay the same to the county treasurer of the county in which the schoolhouse is located, who shall credit the same to the town or district for whose benefit it is collected. If the fine or penalty be inflicted or imposed for the benefit of the

TITLE 3

fines in joint

common schools of a city having a special school act, or of any part or district of a city, it shall be paid into the city treasury. §28 Whenever, by this or any other act, a penalty or fine is Penalties and imposed upon any school district officer for a violation or omis- districts sion of official duty, or upon any person for any act or omission within a school district, or touching property or the peace and good order of the district, and such penalty or fine is declared to be for, or for the use or benefit of the common schools of the town or of the county, and such school district lies in two or more towns or counties, the town or county intended by the act shall be taken to be the one in which the schoolhouse, or the schoolhouse longest owned or held by the district, is at the time of such violation, act or omission.

TITLE III

Supervisors; disbursement of school moneys by, and some of their special powers and duties under this act

gospel and

§1 The several supervisors continue vested with the powers and Trustees of charged with the duties formerly vested in and charged upon the school lots trustees of the gospel and school lots, and transferred to and imposed upon town superintendents of common schools by chapter 186 of the laws of 1846.

former acts

§2 The several supervisors continue vested with the powers and Powers under charged with the duties conferred and imposed upon the commissioners of common schools by the act of 1829 (chapter 287), entitled "An act relative to moneys in the hands of overseers of the poor."

of moneys in hands of

supervisor

§3 On the first Tuesday of March in each year, each supervisor Annual return shall make a return in writing to the county treasurer for the use of the school commissioners, showing the amounts of school moneys in his hands not paid on the orders of trustees for teachers' wages, nor drawn by them for library purposes, and the districts to which they stand accredited (and if no such money remain in his hands, he shall report the fact); and thereafter he shall not pay out any of said moneys until he shall have received the certificate of the next apportionment; and the moneys so returned by him shall be reapportioned as herein before directed.

$4 It is the duty of every supervisor:

Duties

ment of

'I To disburse the school moneys in his hands applicable to the Disbursepayment of teachers' wages, upon and only upon the written orders school moneys of a sole trustee or a majority of the trustees, in favor of qualified

As amended by section 1, chapter 177, laws of 1896.

TITLE 3

teachers. But whenever the collector in any school district shall have given bonds for the due and faithful performance of the duties of his office as disbursing agent, as required by section 80 of title 7 of this act, or whenever any school district shall elect a treasurer as hereinafter provided, the said supervisor shall, upon the receipt by him of a copy of the bond executed by said collector or treasurer as hereinafter required, certified by the trustee or trusPayment over tees, pay over to such collector or treasurer, all moneys in his hands applicable to the payment of teachers' wages in such district, and the said collector or treasurer shall disburse such moneys so received by him upon such orders as are specified herein to the teachers entitled to the same.

of same to

collector or treasurer

Library money's

Payment over of same to union school district

Accounts of receipts and

2 To disburse the library moneys upon, and only upon the written orders of a sole trustee, or of a majority of the trustees.

3 In the case of a union free school district, to pay over all the school money apportioned thereto, whether for the payment of teachers' wages, or as library moneys, to the treasurer of such district, upon the order of its board of education.

4 To keep a just and true account of all the school moneys redisbursements ceived and disbursed by him during each year, and to lay the same, with proper vouchers, before the board of town auditors at each annual meeting thereof.

Blank book and entries therein

Filing of

accounts

Duties toward predecessor

Payment over of moneys to successor

Recovery of penalties and

5 To have a bound blank book, the cost of which shall be a town charge, and to enter therein all his receipts and disbursements of school moneys, specifying from whom and for what purposes they were received, and to whom and for what purposes they were paid out; and to deliver the book to his successor in office.

6 Within 15 days after the termination of his office, to make out a just and true account of all school moneys theretofore received by him and of all disbursements thereof, and to deliver the same to the town clerk, to be filed and recorded, and to notify his successor in office of such rendition and filing.

7 So soon as the bond to the county treasurer, required by section 17 of title 2 of this act, shall have been given by him and approved by the treasurer, to deliver to his predecessor the treasurer's certificate of these facts, to procure from the town clerk a copy of his predecessor's account, and to demand and receive from him any and all school moneys remaining in his hands.

8 Upon receiving such a certificate from his successor, and not before, to pay to him all school moneys remaining in his hands, and to forthwith file the certificate in the town clerk's office.

9 By his name of office, when the duty is not elsewhere imposed forfeitures by law, to sue for and recover penalties and forfeitures imposed for

violations of this act, and for any default or omission of any town officer or school district board or officer under this act; and after deducting his costs and expenses to report the balances to the school commissioner.

TITLE 4

alteration of school districts

10 To act, when thereto legally required, in the erection or alter-Erection or ation of a school district, as in the sixth title of this act provided, and to perform any other duty which may be devolved upon him by this act, or any other act relating to common schools.

TITLE IV

Town clerks; their duties under this act

§1 It shall be the duty of the town clerk of each town:

Duties

of records

1 Carefully to keep all books, maps, papers and records of his Preservation office touching common schools, and forthwith to report to the supervisor any loss or injury to the same.

2 To receive from the supervisors the certificates of apportionment of school moneys to the town, and to record them in a book to be kept for that purpose.

Record of apportionment

trustees

3 Forthwith to notify the trustees of the several school districts Notice to of the filing of each such certificate.

reports

4 To see that the trustees of the school districts make and deposit Obtaining with him their annual reports within the time prescribed by law, and to deliver them to the school commissioner on demand; and to furnish the school commissioner of the school commissioner dis- Furnishing trict in which his town is situated the names and postoffice ad-trict officers dresses of the school district officers reported to him by the district sioner clerks.

names of disto commis

of blanks etc.

5 To distribute to the trustees of the school districts all books, Distribution blanks and circulars which shall be delivered or forwarded to him by the State Superintendent or school commissioner for that

purpose.

annual

6 To receive from the supervisor, and record in a book kept for Record of that purpose, the annual account of the receipts and disbursements accounts of school moneys required to be submitted to the town auditors, together with the action of the town auditors thereon, and to send

of same to

a copy of the account and of the action thereon, by mail, to the Transmission Superintendent of Public Instruction, whenever required by him, Superintendent and to file and preserve the vouchers accompanying the account.

7 To receive and to record, in the same book, the supervisor's Final accounts final account of the school moneys received and disbursed by him, and deliver a copy thereof to such supervisor's successor in office.