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In This pamphlet will be transmitted to all officers charged with the performance

of any duty under the acts relating to Common Schools, and will be received by them in

their official capacity. It thus becomes a part of the papers and documents of their

office, which they are required by law to hand over to their successors.

STATUTES

RELATING TO

COMMON SCHOOLS,

INCLUDING

TITLE II. CHAPTER XV. PART I. REVISED STATUTES.

[Pursuant to the directions of the 148th section of the act of December 15th 1847, there are inserted in this publication of the second title of chapter 15, all acts and parts of acts connected with the subjects of the said title, which are now in force; and where the provisions of that title have been altered by subsequent acts, such provisions have been varied in order to conform them to such alteration. The original number of each section is in all cases retained, whether it was a part of the Revised Statutes or was taken from some session law passed since 1828. In the latter case, there is a reference to a note at the foot of the page, which gives the particular chapter from which the section is taken, and its number is inclosed within brackets, in order to designate it more distinctly from the sections of the Revised Stattues which are printed with the section mark only.

To facilitate references to them, the sections in this edition are also num. bered continuously from the first to the last, without regard to the statutes from which they are taken. The index at the end, refers to these numbers.]

TITLE II.

OF COMMON SCHOOLS. ART. 1.-Of the powers and duties of the superintendent of common schools,

and of the apportionment of school moneys. ART. 2.-Of the distribution of the common school fund. ART. 3.–Of the powers and duties of town superintendents of common

schools. Art. 4.-Of inspection and supervision by town superintendents. ART. 5.-Of the formation and alteration of school districts; the powers of

school district inhabitants; of the choice, duties and powers of school district officers; the assessment and collection of school district taxes; the annual reports of trustees; school district li.

braries. ART. 6.-Of certain duties of the county clerk. ART. 7.-Miscellaneous provisions.

ARTICLE FIRST.

General duties of

dent,

General deputy superinten dent.

1

Of the Powers and Duties of the Superintendent of Common

Schools, and of the Apportionment of School Moneys.

No. 1-$ 1. There shall continue to be a superintendent of superinten- common schools, whose duty, amongst other things, it shall

be, to prepare and submit an annual report to the legislature
containing,

1. A statement of the condition of the common schools of
the state:

2. Estimates and accounts of expenditures of the school moneys:

3. Plans for the improvement and management of the common school fund, and for the better organization of the common schools ; and,

4. All such matters relating to his office, and to the common schools, as he shall deem expedient to communicate.

No.2–1841 ] The superintendent of common schools may designate and appoint any one of the clerks employed by him to be his general deputy, who may perform all the duties of the superintendent in case of his absence or a vacancy in his office.

No. 3—[$8.] The superintendent of common schools may appoint such and so many persons as he shall from time to time deem' necessary, to visit and examine into the condition of the common schools in the county where such persons may reside, and report to the superintendent on all such matters relating to the condition of such schools, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to the said visiters for such ser

vices.
Superintende · No. 4-[$ 10.] The superintendent of common schools,
grant certifi- on such evidence as may be satisfactory to him, may grant
dates on qual- certificates of qualification under his hand and seal of office,

which shall be evidence that the holder of such certificate is
well qualified in respect to moral character, learning and abili-
ty, to teach any district school within this state ; which cer-
tificate shall be valid until duly revoked by the superintend-
ent.3

No.5.–187.] Copies of papers deposited or filed in the how authen: office of the superintendent of common schools, and all acts

and decisions by him, may be authenticated under the seal of
the office of secretary of state, and when so authenticated
shall be evidence equally, and in like manner as the origi-
nals.

Visiters of common schools.

2

Acts of su

ricated.

(1) Laws of 1841, chap. 260, $ 41. (2) Laws of 1839, chap. 330, § 8. (3) Laws of 1843, chap. 133, § 10. (4) Laws of 1839, chap. 330, § 7.

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census.

when census re

defecuve.

No. 6—$ 2. In every year, immediately following a year Apportionin which a census of the population of this state shall have been taken, under the authority of the state, or of the United States, the superintendent shall apportion the school moneys to be annually distributed amongst the several counties of the state, and the share of each county, amongst its respective towns and cities.

No.7-3. Such apportionment shall be made among the Ratio. several towns and cities of the state, according to the ratio of their population respectively, as compared with the population of the whole state, according to the last preceding

No. 8–95. If an increase of the school moneys to be Increase. distributed, shall take place in any other year, than one immediately following a census, the superintendent shall apportion such increase amongst the severnl counties, cities and towns, according to the ratio of the apportionment then in force.

No.9 6. When the census or returns, upon which an Proceeding apportionment is to be made, shall be so far defective, in spect to any county, city or town, as to render it impracticable for the superintendent to ascertain the share of school moneys, which 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.

No. 10—ş 7. Whenever, in consequence of the division When towa of a 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 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.

No. 11-9 8. The superintendent shall certify each apportionment 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.

No. 12—$ 9. The superintendent shall prepare suitable Regulations forms and regulations for making all reports, and conducting all necessary proceedings, under this Title, and shall

(1) Amendatory act of 1830, chap. 320, 85, and by $ 6 of same ch. the orig. $ 4 18 repealed.

aliered.

Certificate and nouce.

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Certain articles to be printed.

cause the same, with such instructions as he shall deem ne-
cessary and proper, for the better organization and govern-
ment of common schools, to be transmitted to the officers
required to execute the provisions of this Title throughout
the state.

No. 13--9 10. He shall cause so many copies of the first
six Articles of this Title, with the forms, regulations and
instructions prepared by him, thereto annexed, to be, from
time to time, printed and distributed amongst the several
school districts of the state, as he shall deem the public good
to require.

No. 14– 11. All moneys reasonably expended by him, in the execution of his duties, shall, upon due proof, be allowed to him by the comptroller, and be paid out of the treasury.

Expenses how paid.

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ARTICLE SECOND,

Treasurer to

1

To give nouce.

Of the distribution of the Common School Fund. When paid.

No. 15—$ 12. The sum annually to be distributed for the encouragement of common schools, shall be paid on the first day of February, in every year, on the warrant of the comptroller, to the treasurers of the several counties, and the chambertain of the city of New York.

No. 16-§ 13. The treasurer of er.ch county, and the apply. chamberlain of the city of New-York, shall apply for and

receive the school moneys apportioned to their respective
counties, as soon as the same become payable.

No. 17-$ 14. Each treasurer receiving such moneys,
shall give notice in writing, to the town superintendent or to
some one or more of the commissioners of common schools
of each town or city in his county, of the amount appor-
tioned to such town or city, and shall hold the same subject
to the order of such town superintendent or commissioners.

No. 18—$ 15. In case the commissioners or town super-
Moneys
remaining. intendent of any such city or town shall not apply for and

receive such moneys, or in case there are no commission-
ers or town superintendent appointed in the same, be-
fore the next receipt of moneys apportioned to the county,
the moneys so remaining with the treasurer shall be retained
by him, and be added to the moneys next received by him,
for distribution from the superintendent of common schools,
and be distributed therewith, and in the same proportion.

· No. 19—$ 16. Whenever the clerk of any county shall
receive from the superintendent of common schools notice of
the apportionment of moneys to be distributed in the county,
he shall file the same in his office, and transmit a certified
copy thereof to the county treasurer, and to the clerk of the

how disposed of.

County elork.

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