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to be carried on; provided, however, that this prohibition shall not apply to a place which on the 23d day of March, 1896, was lawfully occupied for a hotel, nor to a place in which such traffic in liquors was actually lawfully carried on at that date, nor to a place which at such date was occupied, or was in process of construction, by a corporation or association which traffics in liquors solely with the members thereof, nor to a place within such limit to which a corporation or association trafficking in liquors solely with the members thereof at such date may remove; but none of the exemptions under subdivision 2 of this section shall apply to subdivision I of this section; nor

18 Misc. 346; 23 id. 468; 31 id. 569; 40 N. Y. Supp. 1107; 25 App. Div. 428, 431; 27 id. 564, 570; 34 id. 390; 47 id. III



Academic departments, academies Annual meetings, see School meet-

changed to, 85-86; apportionment, ings.
84; established by board of educa- Annulment of certificates, for failure
tion, 80; state payment of tuition to complete agreement, 5i; for
of nonresident pupils, 188; quali- failure of teacher to attend insti-
fications for entrance, to be estab- tute, 93-94; by school commis-
lished by Regents, 85; visitation sioners, 28; by Superintendent, 10;
by Regents, 85.

Superintendent to note annulments
Academies, academic departments

of all certificates and diplomas,
may be adopted, 85-86; leased by
union school district, 85; returned Apparatus, board of education to
to trustees in dissolved union provide, 79, 80; insurance, 79; re-
school districts, 88; teachers train- pairs, 54; tax for, 37; trustees may
ing classes in, 95.

purchase, 54.
Acquisition of schoolhouse sites, 90- Appeals, copies of, evidence, 102;

costs in certain cases when tried
Actions, county judge to compel dis- in courts, 103; decisions in, final

trict to levy tax for costs, 103, by Superintendent, 89, 101; from
104-5; district pays expense of, action of meeting dissolving union
37; expense of serving notice for school district, 31, 89; from va-
formation of union free schools, lidity of election, etc., in district
67; supervisors sue for fines and over 300, 41; laws concerning,
penalties, 22-23; by and against 101-2; rules of practice under,
school district officers, 103; by and 133–38; school commissioner may
against trustees of school districts, take testimony, 29; from acts of
156-57; supervisors compel trus- school commissioners, 29; Super-
tees to replace lost code, 106; intendent's power concerning, 101-
supervisors sue for money due 2; Superintendent to keep record
from school officers, 32.

of, 102; who may appeal to Su-
Acts repealed, 90, 126–29.

perintendent, 101. See also De-
Affidavits, district clerk may take to cisions.

register, 55; of expense of insti- Apportioning valuation of railroads,
tute, school commissioner to make, telegraph, telephone and pipe-
92; school commissioner may take, line companies, 147.
28; Superintendent may take, il; Apportionment, see School moneys.
teachers, to correctness of register, | Appropriations, 5; Arbor day, 117;

education fund, 195-96; Indian
Age, qualifications for teachers, 28, schools, 114; institutes and sum-

48; at which students are eligible mer institutes, 94; training classes,
to compete for Cornell scholarships, i 95. See also School moneys.
97. See also School age.

Arbor day, 116-17.
Aggregate attendance, see Attend- Assessments, 58-66; banks, 142;

equalized, to be used thereafter,
American Museum of Natural His- 59; of lands in forest preserve, 140;
tory, 162.

lands lying in one body, 58; pro-




cedure when supervisors can not agree on equalization, 59; property exempt from, 149-52; railroads, 147; manner of reducing, 59; by 'supervisors, equalization of, 59; telegraph, telephone and pipelines. 147; valuation of property to be taken from last assessment roll of town, 58–59. See

also Taxes. Attendance apportionment accord

ing to, 16–17; how ascertained for purpose of apportioning public money, 17; institute week, how reckoned, 93; record of, to be kept by teachers, 49; report of, by trus

tee, 57. Attendance officers, appointment

of, under compulsory education law, 123, 193; may arrest truants, 124; procedure on arrest of truants, 124.

Ballot boxes, in common districts,

36; in districts of over 300, 40, 77–

78. Ballots, in common districts, form of,

36; in districts of over 300, 40, 78. Banks, school savings, 176–77. Banks and banking associations, tax

ation of stockholders in, 58, 142. Bequests, see Gifts. Blackboards, district to vote tax

for, 37. Blanks, State Superintendent to pre

pare, 11. Blind, institutions for, 115-16. Board of education, to establish aca

demic departments, 80; moneys from literature fund applied to academic department, 84; lease of academies, 85; to regulate admission of pupils, 79; appointment of officers, 70; shall not exceed appropriation, 84; to provide ballot boxes, 77-78; bodies corporate, 1 70; statement concerning bonded indebtedness, 73; bonds to be required of collector and treasurer, "T; shall give notice of time and

sale of bonds, 73, 75; may borrow money, 74-75, 82; to adopt bylaws, 79; canvass of votes, 78; clerk, 70, 71; colored schools established by, 112-13, 185; member to be interested in contracts, 83; contracts with school districts, 106-7; to prescribe course of study, 79; dissolution of union school districts by, 88; copies of proceedings of dissolved union districts to be filed with State Superintendent, 89; division into classes, 68; drafts to be signed by president and secretary, 84, 85; free instruction in drawing, 110; subject to all duties of common school district not inconsistent with this title, 82; election, · 68, 75-78; election of in cities and villages, 69; election in districts of over 300, 76–77; notice of election, 77, election disputes, 78; election of president, 70; to call special election, 78; may establish evening school, 110; statement to corporate authorities of anticipated expenditures, 72; estimate of expenses to be made at annual meeting, 83; to amend estimate if necessary, 83; duties under fire drill law, 186; to provide fire escapes, 82; to provide school with flag, 177–78; to provide fuel, 80; to apply proceeds of gifts etc., 80; to hold property when transferred by gift, etc., 80; to hire rooms, 79; same immunities and privileges as trustees of academies, 82; may establish industrial training departments, ; to act as inspectors of elections, 77; to close schools during institute, 92-93; public money may be withheld if board fails to close school during institute, 93; may establish kindergartens, ; to appoint librarians, 80; meetings, 75, 76, 84; only one member of family eligible to membership in, 72; moneys

paid to treasurer for use of, 85; villages, 69; to hold until suc-
to pay moneys only upon resolu- cessors are elected, 78; to pre-
tion, 84, 85; moneys apportioned scribe textbooks, 79, 105; may
to common schools, how applied, purchase free textbooks, 76; may
84; number restricted, 87; num- establish rules and regulations
ber, how increased and diminished, concerning free textbooks, 76;
69–70, 87; to provide for instruc- manner of changing textbooks in
tion in physiology and hygiene,

union schools, 105; title of prop-
79; powers and duties, 79-86; erty invested in, 80; to give notice
proceedings open for public in- of action changing number of trus-
spection, 83; qualifications of tees, 87; powers of trustees under
members, 71–72; to exchange real title , in city of Brooklyn, 91;
estate, 80; to sell real estate when powers of trustees in cities of not
authorized by vote of district, 80; more than 30,000, 91; to regulate
proceeds of sale of real estate, how tuition for nonresident pupils, 80;
applied, 80; to execute or have vacancies in office of clerk, treas-
sale of real estate, 80; statement urer, collector, to be filled by, 71;
of receipts and expenditures to be vacancy in board, how filled, 81;
published, 83; to copy record of may appoint competent physician
proceedings, 83; removal of mem- to vaccinate children, 139; to ap-
bers for cause, 81; reports, 86; to point visitation committee, 84; to
establish rules relative to. dis- provide free instruction in vocal
cipline, 79; to have charge and

music, 111; to provide water-
disposition of school property, 80; closets, 81. See also Union school
to keep schoolhouses and furniture districts.
in repair, 79; to keep schoolhouses Boards of supervisors, see Super-
and furniture insured, 79; to pur-

chase sites and schoolhouses, 79;

Bond, collector, 63, 66; supervisor to
designation of schoolhouse sites give, 18; extra surety required in
without vote, 82; to have full cities and villages, 84; treasurer
management and control

and collector to give, 47, 71;
schools, 80; may hold executive treasurer's and collector's, amount
session meetings, 84; powers as in fixed by district, 37.
title 9 under special laws, 91; to Bond and mortgage, sale of site to be
appoint superintendent of schools, taken as security for, 43.
82; to prescribe salaries and duties Bonded indebtedness, districts hav-
of superintendent of schools, 83; ing, not to be divided, 31, 87.
general supervision by Superin- Bonds, issue of, 43, 73, 75; notice of
tendent of Public Instruction, 86; sale of, 43, 73; payment of pro-
tax for teachers' wages, 75; when ceeds of sale, 47, 73; statement
board may levy tax without vote, concerning to be filed with clerk
83–84; to employ teachers, 80-81; of board of supervisors, 43, 75.
to pay teachers' salaries monthly, Bookcase, district to vote tax for,
81; contracts of employment to 37.
be delivered to teachers, 81; rela-
tives can not be employed as Canvass of votes in districts of over
teachers without two thirds vote,
81; can not remove teacher except Census, biennial school, 180-81;
for cause, 81; term of office, 68, expense of, 12-13; whom to in-
87; term of office in cities and clude, 57; Indian children, 114;


300, 78.

Superintendent to determine whether district is entitled to employ a superintendent, 12-13,82; Superintendent to determine when not shown, 14; to be reported by

trustee, 57; when taken, 57. Certificate of apportionment of pub

lic moneys, 17. Certificates, see Annulment of cer

tificates; College graduate certificates; Normal school diplomas; State certificates; Teachers' cer

tificates. Challenges, declaration of person

challenged, 35, 40, 77; illegal voting in common school districts, 35; illegal voting in districts of over

300, 40, 77. Chief clerk in Department of Public

Instruction may be appointed sec

ond deputy, 181. Children, employment under com

pulsory education law, 122-23; employment in street trades prohibited, 174.

See also Pupils; School age. Cities, apportionment to, 14; appor

City treasurer, public money certi

fied to, 15. City treasurer or chamberlain shall

apply for public money, 15. Clerk, see District clerk. Code of public instruction, trustee to

care for and replace if lost, 105-6; penalty against trustee for neglect to care for, 106; printing and dis

tribution, 117. Collection of taxes, see Taxes. Collector, appointment in union

school districts, 70; appointment to be filed with district clerk, 46; to give bond, 63, 71; bond to be filed with town clerk, 63; expense of filing bond a district charge, 63; amount of bond, 37; recovery of moneys on bonds, 66; vacates office by failure to give bond, 45, 71; custodian of moneys, 65; to disburse public money, 63; not to disburse public money in districts having treasurer, 63; manner of election, 36; trustee not eligible to office of, 44; fees, 64; to make up loss of moneys, 65; to give notice of collection of taxes, 63-64; to notify nonresidents, 64; to notify president, etc., of canal and pipelines, 64; to notify ticket agent of railroad corporation, 64; payment of moneys to successor, 65; payment of moneys to treasurer, 65; report of receipts and disbursements of moneys, 65; to receive money from supervisor, 22; to certify to trustee taxes not collectible, 61; to pay taxes returned to county treasurer, 61; term of office, 44; to pay money over to treasurer, 47; trustee to notify treasurer and State Superintendent of failure to pay money, 55-56; vacancy, how supplied, 46,

71; delivery of warrant to, 62. College graduate certificates, State

Superintendent may grant and re

tionment for superintendent, 12; when entitled to additional apportionment, 13; districts can not be annexed to, 31; special provisions for districts over 300 do not apply to, 41; election of board of education in union school corresponding with cities, 69; moneys raised in, to be paid into treasury, 84; tax for school purposes levied in, 72; term of office of board of education in union school corresponding with

cities, 69. City and village superintendents, ap

portionment of public money for, 12, 13; board of education may appoint, remove, fix salaries and duties, 82-83; to have general oversight of Arbor day exercises, 117; to assist in holding Cornell scholarship examinations, 97; districts employing entitled to benefits provided in section 2, 83.

voke, 1o. Colored children, schools for, 112-13;

in New York city, 113; teachers

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