terly payments, to be paid by the treasurer of the state, on the __ART. 2. warrant of the comptroller, to the treasurer of the said institution on his presenting a bill of the actual time and number of pupils attending the institution, and which bill shall be signed and verified by the oath of president and secretary of the institution. The regular term of instruction for such pupils shall be five years. The indigent pupils provided for in this act shall be designated state pupils, and all the existing provisions of law applicable to state pupils now in said institution shall apply to pupils herein provided for. [1854, ch. 272, § 2.] tion. S 16. It shall be lawful for the superintendent of public Re selec instruction to continue at the said institution for a period not exceeding three years, for the purpose of pursuing a course of studies in the higher brances of learning, such pupils, not exceeding twelve in number, as may have completed their full term of instruction, and who may be recommended by the directors of said institution. [Same ch., §3.] 17. All provisions of any law inconsistent with the provisions of this act are hereby repealed. [Same ch., § 5.] tions, &c. $18. [Sec. 9.] The superintendent shall prepare suitable forms Regula and regulations for making all reports and conducting all necessary proceedings under this title, and shall cause the same with such instructions as he shall deem necessary and proper for the better organization and government of common schools, to be transmitted to the officers required to execute the provisions of this title throughout the state.1 [ARTICLE SECOND. Of the Apportionment of School Money.2] Sac. 19. Three-fourths of a mill upon every dollar of the valuation of real and personal property to be raised for support of common schools; how distributed; duty of boards of supervisors and their clerks. 20. Public moneys applicable solely to pay teachers. 21 & 22. Proviso as to library moneys. 23. Special laws relating to schools in Bushwick not repealed, &c. 24. Salary of school commissioner; how paid. 25. Superintendent to apportion $500, to be appropriated in certain cases to cities. 26. Apportionment of one-third of income of United States deposit fund and of other moneys by superintendent of public instruction. 27. Districts entitled to money. 28. District schools, where two or more teachers employed, &c., to be enumerated with reference to number of teachers employed. 29. Apportionment of the remaining two-thirds of fund specified; duty of superintendent; duty of school commissioners; duty of supervisor. 30. How apportionment made when census defective. 31. New apportionments to be made in certain cases, and how. 32. Apportionment to be certified, and notice to be given. 3. Clerks of supervisors to transmit certain resolutions to superintendent; when school money may be withheld from a county; how applied. money, and distri 19. There shall hereafter be raised by tax, in the present School and each succeeding year, upon the real and personal estate of how raised each county within the state, three-fourths of a mill upon each buted." and every dollar of the valuation of such estate, for the support of common schools in this state, to be apportioned and distributed by the superintendent of public instruction, in the same manner as the proceeds of the state tax of eight hundred thousand dollars, in lieu of which this tax is substituted, and now required to be ap 1 Laws of 1819, p. 208, § 38. This article comprises parts of ch. 179, of Laws of 1856; the whole of ch. 180, of Laws of 1856; parts of statutes enacted previous to the year 1852, and §§ 6, 7, and 8, of the Revised Statutes; the latter being retained within brackets. Duty of supervisors and their clerk. TITLE 2. portioned and distributed, except as hereinafter provided. The board of supervisors of each county shall assess such amount upon the real and personal estate of such county, in the manner provided by law for the assessment and collection of taxes; and shall annually, as soon as the aggregate valuation of the real and personal estate of their county shall be ascertained, give immediate notice thereof to the superintendent of public intruction. No clerk of any board of supervisors, or other person who may make out the tax list or assessment rolls of any town, shall omit to include and apportion among the moneys to be raised thereby, the amount hereby required to be raised for the support of schools, by reason of the omission of the board of supervisors to pass a resolution for that purpose. [1856, ch. 180, § 1.] Application of money. Library money. Ib. Special ed. * 20. All the moneys received or appropriated by the provisions of this act shall be applied to the payment of teachers' wages exclusively. [1851, ch. 151, § 11.] S21. The act entitled An act to establish free schools throughout the state, passed April 12th, 1851, shall not be so construed as to prevent or prohibit the distribution and application of library money in the manner heretofore prescribed by law. [1851, ch. 425, § 1.] *S22. Nothing in this act contained shall be so construed as to require the board of supervisors of each county to raise a sum of money for library purposes equal to the sum which it will receive from the state. [Same ch., § 2.] S23. Nothing in the act entitled "An act to establish free not repeal schools throughout the state," passed April twelfth, one thousand eight hundred and fifty-one, shall be so construed as to have repealed any special school laws relating to the schools in the town of Bushwick, Kings county, which were in force at the time of the passage of such act. [1852, ch. 126.] Salary. *$24. Every commissioner chosen or elected in pursuance of this act shall receive an annual salary of at least five hundred dollars, to be paid out of the income of the United States deposit fund, appropriated to this purpose or to the support of common schools, and it shall be the duty of the superintendent of public How pald. instruction to apportion to each county, in his annual apportionment of the income of said fund thus appropriated, five hundred dollars for the salary of each commissioner of common schools in said county, created under authority of this act. [1856, ch. 179, § 12.] $500 to be appropriat in certain CRACK. S25. The superintendent of public instruction shall also to cities apportion to each of the cities in this state having under special acts a superintendent of common schools, or whose boards of education choose a clerk doing the duty of supervision under their direction, out of the income of the United States deposit fund appropriated for this purpose or for the support of common schools, the sum of five hundred dollars for each member of assembly to which such city shall be entitled according to the unit of representation adopted by the legislature, to be paid into the city treasury and expended as required by law for the support of schools. [Same ch., § 15.] ment of tendent of S 26. It shall be the duty of the state superintendent of public _ART. 2 instruction, on or before the first day of January of each and every Apportionyear, after deducting any portion hereinbefore required to be appor- one-third of tioned for and on account of supervision, to apportion and divide United of one-third of the remainder of the income of the United States States deposit fund, deposit fund appropriated by law for the support of schools, and by superinone-third of all other moneys thus appropriated, among the several public inschool districts and separate neighborhoods in this state from which struction. reports shall have been received in accordance with law, in the following manner, viz: to each separate neighborhood belonging to a school district in some adjoining state, there shall be apportioned and paid a sum of money equal to thirty-three cents for each child in such neighborhood (between the ages of four and twenty-one); but the sum so to be apportioned and paid to any such neighborhood, shall in no case exceed the sum of twenty-four dollars; and the residue of such one-third shall be apportioned and divided equally among the school districts; and the state superintendent of public instruction shall by proper regulations and instructions to be prescribed by him, provide for the payment of such moneys to the trustees of such separate neighborhoods and school districts. [1856, ch. 179, 30.] entitled to *327. Every district in this state in which a school shall have Districts been taught by a qualified teacher for the time of six months, or money by successive teachers whose periods of actual instruction amount in the aggregate to six months, and no other shall be enumerated for the purpose of the distribution of so much of the school money as shall be divided equally among the districts. [1856, ch. 180, § 2.] $28. Every district school in which two or more qualified District teachers are actually employed at the same time for the period of schools. six months or over, shall be enumerated as so many districts as there have been teachers thus employed during the year, whether any one or more of them had been continuously employed for the whole period of six months or not, providing the number of teachers actually employed shall have been at no time less than the number at which the district is enumerated. Pupils employed as monitors or otherwise, shall not be deemed teachers for the purpose of such enumeration. [Same ch., § 3.] remaining of above 29. It shall be the duty of the state superintendent of Apportionpublic instruction, on or before the first day of January of each men of the and every year, to apportion and divide the remaining two-thirds two-thirds of the remainder specified in the preceding section, among the fund several counties, according to population, as the same shall appear from the last preceding state or United States census; but in counties in which are situated cities having a special school act, he shall apportion to each city the part to which it shall be entitled, and to the remainder of the county the part to which it shall be entitled; and he shall certify such apportionments and every other apportionment, to the county clerk of the county to which they shall be made, and to the school commissioner or school commissioners of such county, and the school commissioner or school commissioners jointly, in counties having more than one commissioner shall forthwith proceed to set apart to each separate neighborhood TITLE 2 and school district within his or their jurisdiction, the amount apportioned to each by the state superintendent of public instruction. The commissioner or commissioners shall then proceed to Apportion. divide and apportion the balance of the public school moneys school com. (apportioned according to population for the support of schools missioners. within his or their jurisdiction) to the separate neighborhoods, ment by school districts and parts of school districts, joint with parts in any city or in a town in an adjoining county, in proportion to the number of children in each, (between the ages of four and twentyone) as the same shall appear from the report of the trustees of the last preceding school year; and he or they shall specify in such apportionment the amount apportioned to each for library purposes and the amount for teachers' wages. But no money shall be apportioned or set apart by him or them to any separate neighborhood or school district or part of a district (joint with a part in any city, or with a part in a town in an adjoining county,) unless it shall appear from a report of the trustees thereof for the last preceding school year that a public school was supported by the inhabitants thereof for at least six months during the year ending with the date of such report, by a duly qualified teacher, except by special permission of the state superintendent of public instruction. The commissioner or commissioners aforesaid shall then set apart to each town within his or their jurisdiction, the money so set apart and apportioned by them to each separate neighborhood therein, to each school district, the school-house of which is therein, and to each part of a joint district therein, the school-house of which is located in a city or in a town in an adjoining county. A certificate shall then be made by the commissioner or commissioners, showing the amount apportioned to each separate neighborhood, school district and part of a district, joint as hereinbefore specified, within his or their jurisdiction, and it shall also show the towns in which they are respectively situated. One copy of said certificate, signed by the commissioner or commissioners shall be sent to the county treasurer, and one copy to the state superintendent of public instruction, and to the supervisor of each town, the commissioner or commissioners shall certify the amount of school moneys so apportioned, which he shall be entitled to receive from the county treasurer, and the portions thereof to be paid by him for library purposes and for teachers' wages to each district, separate neighborhood and part of a district (joint with a part in a city) or Duty of with any town in an adjoining county. The supervisor shall supervisor. forthwith make a copy of such certificate for his own use, and Repeal. Proceeding, when cen deposit the original in the office of the town clerk of his town, and the share of the several towns so apportioned shall be paid over to the supervisors on and after the first Tuesday of February of each year. Sections four and five of the act entitled "An act to establish free schools throughout the state," passed April 12, one thousand eight hundred and fifty-one, are hereby repealed. [1856, ch. 179, § 31.] $30. [Sec. 6.] When the census, or returns, upon which an apBus defec portionment is to be made, shall be so far defective, in respect to any county, city or town, as to render it impracticable for the tive. superintendent to ascertain the share of school moneys, which ART. 3. ought then to be apportioned to such county, city or town, he shall ascertain, by the best evidence in his power, the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly.1 altered. $31. [Sec. 7.] Whenever in consequence of the division of a When town town, or the erection of a new town, in any county, the apportionment then in force shall become unjust, as between two or more of the towns of such county, the superintendent shall make a new apportionment of the school moneys, next to be distributed [468] amongst such towns, ascertaining by the best evidence in his power, the facts upon which the ratio of apportionment, as to such towns, shall depend.2 and notice. $32. [Sec. 8.] The superintendent shall certify each apportion- Certificate ment made by him, to the comptroller, and shall give immediate notice thereof to the clerk of each county interested therein, and to the clerk of the city and county of New York; stating the amount of moneys apportioned to his county, and to each town and city therein, and the time when the same will be payable to the treasurer of such county, or to the chamberlain of the city of New York.2 supervisors solutions. money may * 33. It shall be the duty of the clerk of the board of supervi- Clerks of sors in each county of this state, on the last day of December in to transmit each year, to transmit to the superintendent of [public instruction] certain recertified copies of all resolutions and proceedings of the board of supervisors, of which he is clerk, passed or had during the preceding year, relating to the raising of any money for school or library purposes, and to report particularly the amount of such money directed to be raised in each town of such county; and in case it When shall not appear that the amount required by law to be raised for school school and library purposes, has been directed to be raised during be withheld the year by the board of supervisors of any county, the superin- county. tendent of [public instruction] and the comptroller may direct that the money appropriated by the state and apportioned to such county, be withheld until the amount that may be deficient shall be raised, or that so much only of the money apportioned to such county be paid to the treasurer thereof, as shall be equal to the amount directed to be raised therein by the supervisors of such How apcounty; and in such case the balance so withheld shall be added to the principal of the common school fund. [1839, ch. 330, § 3.] [ARTICLE THIRD.3 Of the Payment of School Moneys into the State Treasury, and their distri bution.] Sec. 34. School moneys due the state to be paid into the state treasury. 35. Treasurer to transfer from one depository to another; how done. 36. How school moneys to be paid out. 37. Superintendent to countersign and enter checks. This 1 Laws of 1819, p. 188, § 5; 1822, p. 287; 1827, p. 237. 2 Id., 1819, p. 188, § 5; 1827, p. 237. from a plied. |