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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, 1895, 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

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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

INDEX

Academic departments, academies
changed to, 85-86; apportionment,
84; established by board of educa-
tion, 80; state payment of tuition
of nonresident pupils, 188; quali-
fications for entrance, to be estab-
lished by Regents, 85; visitation
by Regents, 85.
Academies, academic departments
may be adopted, 85-86; leased by
union school district, 85; returned
to trustees in dissolved union
school districts, 88; teachers train-
ing classes in, 95.

Acquisition of schoolhouse sites, 90-
91.

Actions, county judge to compel dis-
trict to levy tax for costs, 103,
104-5; district pays expense of,
37; expense of serving notice for
formation of union free schools,
67; supervisors sue for fines and
penalties, 22-23; by and against
school district officers, 103; by and
against trustees of school districts,
156-57; supervisors compel trus-
tees to replace lost code, 106;
supervisors sue for money due
from school officers, 32.
Acts repealed, 90, 126-29.
Affidavits, district clerk may take to
register, 55; of expense of insti-
tute, school commissioner to make,
92; school commissioner may take,
28; Superintendent may take, 11;
teachers, to correctness of register,
55.

Age, qualifications for teachers, 28,
48; at which students are eligible
to compete for Cornell scholarships,
97. See also School age.
Aggregate attendance, see Attend-

ance.

American Museum of Natural His-
tory, 162.

Annual meetings, see School meet-
ings.

Annulment of certificates, for failure
to complete agreement, 51; for
failure of teacher to attend insti-
tute, 93-94; by school commis-
sioners, 28; by Superintendent, 10;
Superintendent to note annulments
of all certificates and diplomas,

II.

Apparatus, board of education to

provide, 79, 80; insurance, 79; re-
pairs, 54; tax for, 37; trustees may
purchase, 54.

Appeals, copies of, evidence, 102;

costs in certain cases when tried
in courts, 103; decisions in, final
by Superintendent, 89, 101; from
action of meeting dissolving union
school district, 31, 89; from va-
lidity of election, etc., in district
over 300, 41; laws concerning,
101-2; rules of practice under,
133-38; school commissioner may
take testimony, 29; from acts of
school commissioners, 29; Super-
intendent's power concerning, 101-
2; Superintendent to keep record
of, 102; who may appeal to Su-
perintendent, 101. See also De-
cisions.

Apportioning valuation of railroads,
telegraph, telephone and pipe-
line companies, 147.

Apportionment, see School moneys.
Appropriations, 5; Arbor day, 117;
education fund, 195-96; Indian
schools, 114; institutes and sum-
mer institutes, 94; training classes,
95. See also School moneys.
Arbor day, 116–17.
Assessments, 58-66; banks, 142;
equalized, to be used thereafter,
59; of lands in forest preserve, 140;
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 trustee, 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, 7778.

Ballots, in common districts, form of,

36; in districts of over 300, 40, 78. Banks, school savings, 176–77. Banks and banking associations, taxation of stockholders in, 58, 142. Bequests, see Gifts.

Blackboards, district to vote tax for, 37.

Blanks, State Superintendent to prepare, II.

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, 70; statement concerning bonded indebtedness, 73; bonds to be required of collector and treasurer,

; 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; no 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, III; 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, 111; 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;
to pay moneys only upon resolu-
tion, 84, 85; moneys apportioned
to common schools, how applied,
84; number restricted, 87; num-
ber, how increased and diminished,
69-70, 87; to provide for instruc-
tion in physiology and hygiene,
79; powers and duties, 79-86;
proceedings open for public in-
spection, 83; qualifications of
members, 71-72; to exchange real
estate, 80; to sell real estate when
authorized by vote of district, 80;
proceeds of sale of real estate, how
applied, 80; to execute or have
sale of real estate, 80; statement
of receipts and expenditures to be
published, 83; to copy record of
proceedings, 83; removal of mem-
bers for cause, 81; reports, 86; to
establish rules relative to dis-
cipline, 79; to have charge and
disposition of school property, 80;
to keep schoolhouses and furniture
in repair, 79; to keep schoolhouses
and furniture insured, 79; to pur-
chase sites and schoolhouses, 79;
designation of schoolhouse sites
without vote, 82; to have full
management and control of
schools, 80; may hold executive
session meetings, 84; powers as in
title 9 under special laws, 91; to
appoint superintendent of schools,
82; to prescribe salaries and duties
of superintendent of schools, 83;
general supervision by Superin-
tendent of Public Instruction, 86;
tax for teachers' wages, 75; when
board may levy tax without vote,
83-84; to employ teachers, 80-81;
to pay teachers' salaries monthly,
81; contracts of employment to
be delivered to teachers, 81; rela-
tives can not be employed as
teachers without two thirds vote,
81; can not remove teacher except
for cause, 81; term of office, 68,
87; term of office in cities and

villages, 69; to hold until suc-
cessors are elected, 78; to pre-
scribe textbooks, 79, 105; may
purchase free textbooks, 76; may
establish rules and regulations
concerning free textbooks, 76;
manner of changing textbooks in
union schools, 105; title of prop-
erty invested in, 80; to give notice
of action changing number of trus-
tees, 87; powers of trustees under
title 9 in city of Brooklyn, 91;
powers of trustees in cities of not
more than 30,000, 91; to regulate
tuition for nonresident pupils, 80;
vacancies in office of clerk, treas-
urer, collector, to be filled by, 71;
vacancy in board, how filled, 81;
may appoint competent physician
to vaccinate children, 139; to ap-
point visitation committee, 84; to
provide free instruction in vocal
music, III; to provide water-

closets, 81. See also Union school
districts.

Boards of supervisors, see Super-
visors.

Bond, collector, 63, 66; supervisor to
give, 18; extra surety required in
cities and villages, 84; treasurer
and collector to give, 47, 71;
treasurer's and collector's, amount
fixed by district, 37.

Bond and mortgage, sale of site to be
taken as security for, 43.
Bonded indebtedness, districts hav-
ing, not to be divided, 31, 87.
Bonds, issue of, 43, 73, 75; notice of
sale of, 43, 73; payment of pro-
ceeds of sale, 47, 73; statement
concerning to be filed with clerk
of board of supervisors, 43, 75.
Bookcase, district to vote tax for,
37.

Canvass of votes in districts of over
300, 78.
Census, biennial school, 180-81;

expense of, 12-13; whom to in-
clude, 57; Indian children, 114;

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Certificates, see Annulment of certificates; College graduate certificates; Normal school diplomas; State certificates; Teachers' certificates.

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 second deputy, 181. Children, employment under compulsory education law, 122-23; employment in street trades prohibited, 174. See also Pupils; School

age.

Cities, apportionment to, 14; appor

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, apportionment 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.

City treasurer, public money certified 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 distribution, 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 revoke, 10.

Colored children, schools for, 112-13; in New York city, 113; teachers

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