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TITLE 7

officers in

300

cation therein of the pupils residing in such school district, or whenever in any school district children of school age shall reside so remote from the schoolhouse therein that they are practically deprived of school advantages during any portion of the school year, the inhabitants thereof entitled to vote are authorized to provide, by tax or otherwise, for the conveyance of any or all pupils residing therein to the schools of such city, village or district with which such contract shall have been made, or to the school maintained in said district, and the trustees thereof may contract for such conveyance when so authorized in accordance with such rules and regulations as they may establish, and for the purpose of defraying any expense incurred in carrying out the provisions of this act, they may if necessary use any portion of the public money apportioned to such district as a district quota.

$15 In school districts in which the number of children of school Election of age exceeds 300, as shown by the last annual report of the trustees districts over to the school commissioners, the qualified voters of any such district, at any annual meeting thereof, may by the vote of a majority of those present and voting, to be ascertained by taking and recording the ayes and noes, determine that the election of officers of said district shall be held on the Wednesday next following the day designated by law for holding the annual meeting of said dis-Time of trict. Until such determination shall be changed, such election shall be held on the Wednesday next following the day on which such annual meeting of such district shall be held in each year, between the hours of 12 o'clock noon and 4 o'clock in the afternoon, at the principal schoolhouse in such district, or such other suitable place as the trustees may designate. When the place of Notice of holding such election is other than at the principal schoolhouse, clect the trustees shall give notice thereof by the publication of such notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in five conspicuous places in the district. The trustees may, by Extension resolution, extend the time of holding the election from four o'clock until sunset. The trustees shall act as inspectors of election, and Inspertors if a majority of the trustees shall not be present at the time for opening the polls, those of them in attendance may appoint any of the legal voters of the district present to act as inspectors in place of the absent trustees; and if none of the trustees shall be present at the time of opening the polls, the legal voters present may choose three of their number to act as inspectors. If any such district shall have but one trustee, the legal voters of the district

holding same

election

of time

of evention

TITLE 7

Record of moters

Penalty for
refusing to
"ecord names

Challenge

Declaration hereupon

Penalty
'or illegal
roting, etc.

present at the time of opening the polls, may choose two of their number to act with said trustee as inspectors. The district clerk shall attend at the election, and record in a book to be provided for that purpose, the name of each elector as he or she deposits his or her ballot. If the district clerk shall be absent, or shall be unable or refuse to act, the trustees or inspectors of election shall appoint some person who is a legal voter in the district to act in his place. Any clerk or acting clerk at such election who shall neglect or refuse to record the name of a person whose ballot is received by the inspectors, shall be liable to a fine of $25, to be sued for by the supervisor of the town. If any person offering to vote at such election shall be challenged as unqualified, by any legal voter, the chairman of the inspectors shall require the person so offering to vote to make the following declaration: “I do declare and affirm that I am and have been for the 30 days last past an actual resident of this school district, and that I am legally qualified to vote at this election.” Every person making such declaration shall be permitted to vote; but if. any person shall refuse to make such declaration, his or her ballot shall not be received by the inspectors. Any person who, upon being so challenged, shall wilfully make a false declaration of his or her right to vote at such election, is guilty of a misdemeanor. Any person who shall vote at such election, not being duly qualified, shall, though not challenged, forfeit the sum of $10, to be sued for by the supervisor of the town for the benefit of the school or schools of the district. The trustees of the district shall, at the expense of the district, provide a suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain the names of the persons voted for, and shall designate the office for which each one is voted, and such ballots may be either written or printed, or partly written and partly printed. The inspectors, immediately after the close of the polls shall proceed to canvass the votes. They shall first count the ballots to determine if they tally with the number of names recorded by the clerk. If they exceed that number enough ballots shall be withdrawn to make them correspond. Said inspectors shall count the votes and announce the result. The per. son or persons having a majority of the votes respectively for the several offices shall be elected, and the clerk shall record the result of such ballot and election as announced by the inspectors. Whenever the time for holding such election as aforesaid shall pass without such election being held in any such district, a special election shall be called by the trustees or clerk, and if no such election be

Ballot box

Ballots

Canvass of votes and declaration of results

Special election

TITLE 7

cers elected

putes, how

called by the trustees or clerk within 20 days after such time shall have passed, the school commissioner or the Superintendent of Public Instruction may order an inhabitant of such district to give notice of such election in the manner provided in the second section of this title; and the officials elected at such special election Terms of offishall hold their respective offices only until the next annual elec- thereat tion, and until their successors are elected and shall have qualified, as in this act provided. All disputes concerning the validity of Election disany such election, or of any votes cast thereat, or of any of the acts decided of the inspectors or clerk, shall be referred to the Superintendent of Public Instruction, whose decision in the matter shall be final. Such Superintendent may, in his discretion, order a new election in any district.

The foregoing provision shall not apply to school districts in Limitation of cities, nor to union free school districts whose limits correspond provisions with those of an incorporated village, nor to any school district organized under a special act of the Legislature, in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in common school districts, organized under the general law, nor to any of the school districts in the counties of Richmond, Suffolk, Chenango, Westchester, Warren, Erie and St Lawrence.

foregoing

schoolhouses

ARTICLE 2

Of district schoolhouses and sites $16 No schoolhouse shall be built so as to stand, in whole or in Location of part, upon the division line of any two towns. $17 No schoolhouse shall hereafter be erected in any city of Approval of

plans by Com the third class or in any incorporated village or school district of missioner of this state, and no addition to a school building in any such place shall hereafter be erected the cost of which shall exceed $500, until the plans and specifications for the same shall have been submitted to the Commissioner of Education and his approval indorsed thereon. Such plans and specifications shall show in detail the ventilation, heating and lighting of such buildings. Such Commissioner of Education shall not approve any plans for the erection of any school building or addition thereto unless the same shall provide at least 15 square feet of floor space and 200 cubic feet of air space for each pupil to be accommodated in each study or recitation room therein, and no such plans shall be approved by him unless provision is made therein for assuring at least 30 cubic

As amended by section 1, chapter 281, laws of 1904,

TITLE 7

feet of pure air every minute per pupil, and the facilities for exhausting the foul or vitiated air therein shall be positive and independent of atmospheric changes. No tax vo'ed by a district meeting or other competent authority in any such city, village or school district exceeding the sum of $500, shall be levied by the trustees until the Commissioner of Education shall certify that the plans and specifications for the same comply with the provisions of this act. All schoolhouses for which plans and detailed statements shall be filed and approved, as required by this act, shall have all halls, doors, stairways, seats, passageways and aisles and all lighting and heating appliances and apparatus arranged to facilitate egress in cases of fire or accident and to afford the requisite and proper accommodations for public protection in such cases. All exit doors shall open outwardly, and shall, if double doors be used, be fastened with movable bolts operated simultaneously by one handle from the inner face of the door. No staircase shall be constructed with winder steps in lieu of a platform, but shall be constructed with straight runs, changes in direction being made by platforms. No door shall open immediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such doorway.

$18 Whenever a majority of the inhabitants of any school kin install. district entitled to vote, to be ascertained by taking and recordporable vote ing the ayes and noes of such inhabitants attending and voting

at any annual, special or adjourned school district meeting, legally called or held, shall determine that the sum proposed and provided for in the last preceding section shall be raised by instalments, it shall be the duty of the trustees of such district, and they are hereby authorized to cause the same to be raised, levied and collected in equal instalments in the same manner and with the like authority that other school taxes are raised, levied and collected, and to make out their tax list and warrant for the collection of such instalments, with interest thereon, as they become payable, according to the vote of the said inhabitants; but the payment or collection of the last instalment shall not be extended beyond 20 years from the time such vote was taken; and no vote to levy any such tax shall be reconsidered except at an adjourned annual or special meeting, to be held within 30 days thereafter, and a like majority

shall be required for reconsideration as that by which tax was sue of bonds originally imposed. For the purpose of giving effect to these pro

visions, trustees are hereby authorized, whenever a tax shall have

As amended by section 1, chapter 274, laws of 1895.

vy and llection of

ents upon

considerain of vote

TITLE 7

sale thereof

site or remova

house

been voted to be collected in instalments for the purpose of building a new schoolhouse or an addition to a schoolhouse, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding 6 per centum, and to issue bonds or other evidences of indebtedness therefor, which shall be a charge upon the district and be paid at maturity, and which shall not be sold below par. Due notice of the time and place of the sale of such bonds shall be notice of given at least 10 days prior thereto. It shall be the duty of the trustees or the person or persons having charge of the issue or payment of such indebtedness, to transmit a statement thereof to the clerk of the board of supervisors of the county in which such indebtedness is created, annually, on or before the first day of November.

$19 So long as a district shall remain unaltered, the site of a Change of schoolhouse owned by it, upon which there is a schoolhouse erected of schoolor in process of erection, shall not be changed, nor such schoolhouse be removed, unless by the consent, in writing, of the school commissioner having jurisdiction; nor with such consent, unless a majority of all the legal voters of said district present and voting, to be ascertained by taking and recording the ayes and noes, at a special meeting called for that purpose, shall adopt a written resolution designating such new site, and describing such new site by metes and bounds.

$20 Whenever the site of a schoolhouse shall have been changed, Sale of as herein provided, the inhabitants of a district entitled to vote, sites and lawfully assembled at any district meeting, shall have power, by a majority of the votes of those present, to direct the sale of the former site or lot, and the buildings thereon and appurtenances or any part thereof, at such price and upon such terms as they shall deem proper; and any deed duly executed by the trustees Validity of such district, or a majority of them, in pursuance of such direc-" tion, shall be valid and effectual to pass all the estate or interest of such school district in the premises, and when a credit shall be directed to be given upon such sale for the consideration money , Security for or any part thereof, the trustees are hereby authorized to take money in their corporate name such security by bond and mortgage, or otherwise, for the payment thereof, as they shall deem best, and shall hold the same as a corporation, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and the trustees of any such district for the time being may, in Recovery of their name of office, sue for and recover the moneys due and moneys due. unpaid upon any security so taken by them or their predecessors.

former

buildings

of deeds

consideration

etc.

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