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(Chap. 240, Laws of 1830. Chap. 111, Laws of 1831. Chaps. 358 and 359, Laws of

1837. Chap. 128, Laws of 1844.)

The several district schools of this city are under the general supervision of a board of commissioners, nine in number, appointed by the mayor, recorder and Regents of the University residing in the city. This board is divided into three classes, one of which is annually chosen, and its members hold their offices for three years, and until their successors are duly appointed: subject to removal for cause, by a vote of two-thirds of the appointing board. They are empowered to appoint a president and secretary, the latter of whom is authorized to receive such compensation, not exceeding $150 annually as the board may prescribe. They are authorized and required to “contract with and employ the teachers of the district schools of said city; to remove any teacher upon manifest neglect of duty, or upon violation of his or her contract; to appoint a collector for the said district schools ; to make out rate-bills and exempt indigent children therefrom ; to select and introduce uniform class books into said schools; to supply indigent pupils with said class books, by using and appropriating for that purpose a portion of the library money, not exceeding three hundred dollars in any one year; to appropriate and use, for the purpose of keeping in repair the several libraries of said district schools, for increasing the same, and for purchasing maps and apparatus for said schools, a further portion of said library money, not exceeding three hundred dollars annually; to provide for the instruction of the pupils of said district schools in vocal music, by appropriating a farther portion of said library money, not exceeding four hundred dollars annually; to secure, with whatever may remain unexpended of said library money, the education of such number of indigent pupils from said district schools, in either of the academies or in any normal school of said city, by paying for their tuition therein, as the common council of said city may sanction; but all children so educated must have been members of said district schools for at least two years, and neither of such academies shall receive from the distribution of the literature fund, any sum for or on account of such pupils; and such academies shall, in their annual report to the Regents of the University, state the number of such pupils taught therein ; and no portion of such unexpended money can be so appropriated until the ordinary expenses of said district schools for libraries and tuition are first satisfied; to visit the district schools as often as once a quarter; to hold a meeting of the board once a month, and at the quarterly meetings of said board to require the presence and reports of the several principal teachers of said schools ; to make a semi-annual report of all the acts of said board to the common coun. cil, and to make and publish an annual report in two of the daily papers of said city; and generally to possess the powers, discharge the duties and be subject to all the obligations of trustees and other school officers of the said city of Albany, as granted and imposed by the several acts in relation to district schools of said city." They are also authorized to make such by-laws and regulation as may be necessary for the prosperity, good order and sound discipline of said district schools; for the security and preservation of the school-houses and other property belonging to said districts; and generally to carry into effect the provisions of the several school acts of said city; and when said by-laws and regulations are sanctioned by the persons authorized to appoint commissioners, they are to take effect.

All school moneys belonging to the district schools, whether received from the state, raised by tax, or collected on school rates are to be deposited with the chamberlain of the city, until drawn, from time to time, by duly eertified orders of the board of commissioners; and said orders are to set forth the object of each payment, and be signed by the officers of the board; who are restricted by a special provision from incurring any obligation that shall increase the taxes of said city.

The supervisors of the county of Albany, at their annual meeting in each year, are required to cause a sum of money equal to twice the amount of the money apportioned to the city from the common school fund, together with collectors' fees, to be raised, levied and.col. lected, in the same manner that other taxes are raised, levied and collected ; and when so raised, to be paid to the chamberlain, for the support of common schools in the city of Albany.

The commissioners are required, in each year, to apportion of the moneys paid to the chamberlain of said city, for the support of common schools, one hundred dollars to each school district east of Perry-street, and twenty-five dollars to each school district west of Perrystreet; said moneys to remain in the chamberlain's hands until drawn, from time to time, by duly certified orders of the board, as hereinbefore specified, to be applied for contingent expenses, repairs, fuel, &c. They are also to apportion, annually, on the returns of qualified teachers, for the instruction of the children in the Albany orphan asylum, which, for this purpose, is regarded as one of the district schools.

No district east of Perry-street has power to hold a district school meeting, to vote a tax, or to do any act as a district meeting, nor to sell or dispose of the district property, without a legislative enactment.

The inhabitants of the city of Albany residing west of Perry-street, within any district now formed, or which may hereafter be formed in said city, and the clerk, trustees and collector of every such district, possess the like powers, and are subject to the like duties and liabilities, as the inhabitants and same officers of school districts in the towns in this state, except where it is otherwise specially provided.

The inhabitants of the city residing west of Perry. street, and east of a parallel line three miles west thereof, qualified to vote for town officers, are required, each

year, to meet at some convenient place within said bounds, and there elect by ballot one commissioner and one inspector of common schools, and one collector, and to form themselves into a school district, the same as a separate ward. They are authorized to impose and col. lect the same taxes upon the real and personal property within the said district, for the hire or erection of a school. house, and the support of a teacher, as if they were a separate ward, and are entitled to a like distribution of the school money.


(Chap. 63, Laws of 1843.) The common council are ex officio Commissoners of common schools, with all the powers conferred by the general law on Town Superintendents, except as modified by the special provisions hereinafter referred to.

The entire management, control and direction of all the district schools in the city are committed to a board of education, consisting of two representatives from each of the districts, appointed by the common council, and divi. ded into three classes, one of which goes out of office annually, and their successors are appointed. The members of the several classes are, however, re-eligible, and hold their places until their successors are appointed. All vacancies are to be filled by the common council ; and whenever any new district is formed, they are to appoint two or more persons to represent the same, and to assign such persons to such of the classes as they may deem proper, having regard, as far as practicable, to the preser. vation of an equality in the several classes.

The board of education possess the general powers, and are subject to the general restrictions and liabilities conferred or imposed by law upon trustees of school districts, subject to the power of the common council, to make such provisions, by ordinance, for the regulation of such board, not inconsistent with the general school laws of the state, as shall seem to them necessary to effect a complete and efficient organization for common school education.

The mayor of the city and the County Superintendent of Kings county are ex officio, members of the board of education.

The joint board of city supervisors and the common council are authorized at their annual meeting to specify such amount as they shall deem necessary to be levied and collected by tax for common school education, not exceeding one-quarter of a mill upon every dollar of the value of the taxable property of the city as assessed the preceding year. They may also determine [Chap. 93 Laws of 1836,] what sums are necessary to be raised for the purchase of a suitable site for a school or school-house in any of the school districts, and for the building of a suitable house or houses therein, which sums are to be levied and collected upon the taxable property within the respective districts where such school-house is to be built, and when collected to be paid over to the board of education, to be by them applied to the specific purposes for which they were designed. These sums are in addition to, and exclusive of, the amount levied by the board of supervisors of the county to entitle the city to its distributive share of the school moneys of the state ; and when collected, they, together with the amount received from the state and that levied by the board of supervisors, are to be paid over to the city treasurer and by him placed to the credit of the board of education and disbursed in accordance with such ordinances as may be adopted by them for this purpose.


[Title IX. Chap. 122, Laws of 1843.) The mayor and aldermen of the city are ex officio Com missioners of common schools, and are authorized, in common council assembled, to perform all the duties, and are vested with all the rights powers and authorities of Commissioners, (Superintendents) in the several towns. For all school purposes, the city is to be regarded as one of the towns in the county of Erie. A City Superintendent of common schools is also annually appointed by the common council, on the second Tuesday of March.

All the district schools organized within the city are

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