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The board of superintendents of common schools, in respect to the common schools in said city, possess all the powers, and are subject to all the duties and obligations of the Superintendents of common schools in the several towns: they are to carry into effect all the ordinances and orders of the common council, in respect to common schools; and the common council may assign to said board any duty required of them, in respect to the common schools in said city. The said board are under the direction of the common council, and they have power, and it is their duty,
"1. To contract for and superintend the building, enlarg ing, improving, furnishing and repairing of all school-houses under the charge of said common council and the making of all repairs and improvements on and around the same.
“2. To provide for the safe keeping of the district school-houses in said city.
“3. To contract with and employ all the teachers in the several districts therein.
“4. To prevent scholars resident in one district from attending a school in another district, and also to prevent scholars from going from one school to another in the same district, without having in both the above cases written permission so to do from the said board.
“5. To select such books as they shall deem most suit. able to be used as class books in the schools, and to establish an uniformity in all the schools in regard to the books used therein.
66. To visit each school as often as once in each quar.' ter, and to report the condition of the same, with such suggestions for the improvement thereof, to the common council as they may deem advisable, which report shall be published by the common council in two of the city papers.
“7. To remove any teacher, on manifest neglect of duty, or upon his violating his contract; upon paying 'such teacher pro rata for the time he has been employed.
"9. To pay the wages of all the teachers by orders on the common council as commissioners of common schools, so far as the public money in their hands, or the money raised by taxes to be hereafter provided for, and the money paid over by the collector of the rate bills, shall be sufficient for the purpose.
“9. To make out rate bills for the payment of teachers and contingent expenses, against the parent or guardian of each scholar, and expense of collection of the same, (except those exempted, as hereafter to be provided for,) which shall not however exceed two dollars per quarter for each scholar; and no bill shall be made out for less time than one quarter, and to annex thereto a warrant for the collection thereof."
The common council are to appoint a collector or col. lectors for the purpose of collecting the rate-bills, if any are made out by the board of superintendents; said collectors are to pay over the amount thus collected to the board of superintendents, subject to their order, for payment of teachers' salaries, fuel and such contingent ex. penses as the common council may ordain. [Chap. 12, Laws of 1843.] Rate-bills are to be made out and levied upon the parents or guardians of children sent to the district schools, in the manner provided by law in respect to school districts, except such as shall procure a certificate of inability to pay the same from the aldermen or assistant aldermen of the ward in which such parent or guardian resides.
The common council are authorized to raise by tax upon the real and personal property of said city in the same manner as the general taxes of the city are levied and collected, such sum annually, not exceeding two hundred dollars, as may be necessary for repairs, and furni. ture of the school buildings and contingent expenses. · The supervisors of the county of Columbia, at their annual meeting in each year, are required to cause a sum of money equal to four times the amount of money apportioned to the city of Hudson from the common school fund, together with the collector's fees, to be raised, levied and collected 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 said city. After the year 1853, the common council have it in their power to reduce, if they deem it expedient, the above sum to twice the amount apportioned to the city of Hudson, from the common school fund, and have recourse to the system of rate-bills as adopted in the several towns in this state, to supply deficiencies.
The board of superintendents, are, by the provisions of chap. 12 of the Laws of 1343, authorized to receive and expend in the inode herein before prescribed, all moneys intended for the support of common schools in said city; and the county treasurer, and the several city col. lectors of taxes, as well as of rate-bills, are required to pay over directly to them all moneys intended for the benefit and support of common schools in said city which may come into their hands.
All the general laws of the state, except as modified by the special provisions herein before included, extend to and include the schools established under this act, and all the officers having charge of or in any way connected with them.
CITY AND COUNTY OF NEW-YORK.
(Chapter 320, Laws of 1844.1 Thé several public schools now organized, or hereafter to be organized in this city, are subject to the general supervision, management and control of a board of edu: cation, consisting of two commissioners, two inspectors, and five trustees, in each of the wards; one of each class to be annually elected, on the first Monday of June in each year by the inhabitants entitled to vote for city officers; the commissioners and inspectors to hold their offices for two years, and the trustees for five years.
The amount of public school money apportioned by the state to the city, is required to be received by the chamberlain and placed to the credit of the common council for the benefit of common schools. The board of supervisors are required annually to raise by tax on the taxable property of the city and county, an equal amount, and also a sum equal to one-twentieth of one per cent of the assessed valuation of said city and county, the whole of which is to be applied exclusively to the purposes of common schools, and to be deposited on the application of the board of education and the order of the common council, in one of the incorporated banks of the city, to the credit of the commissioners of the respective wards, and of the several societies and schools entitled thereto. They are also required to raise such further sum as may be necessary for the erection, purchase, or lease, and fitting up of school-houses, and for procuring sites therefor, to be paid over to the chamberlain, subject to the order of the board of education, under a specific appropriation.
Whenever the commissioners, inspectors and trustees elected in any ward, or a majority of them, including at least one commissioner and inspector, shall certify in writing to the board of education, that it is necessary to organize one or more additional schools in such ward, with the facts and circumstances showing such necessity, the board are required, without delay, to investigate the subject and to determine upon the necessity and expediency of establishing such school or schools. If the application is refused, any person aggrieved by such decision may appeal to the Superintendent of Common Schools, whose decision is declared binding on the party making such application, for the term of one year thereafter. Upon a decision by the board of education, or the Superintendent, favorable to the application, the commissioners and inspectors of the ward are authorized to proceed in the organization of such school or schools, and either to hire a school-house, or purchase a site and erect a building thereon, which said building, and the fitting up thereof, or the fitting up of any hired building, in case the expense exceeds two hundred dollars, is required to be done by contract, to be advertised at least two weeks previous to the acceptance of the estimates thereon. The commissioners and inspectors are also to furnish the books, stationery, and other necessary apparatus and furniture for the school, by contract, as far as practicable. The title to all lands and buildings so purchased; is declared to be vested in the common council: and the expense of establishing and organizing such schools, is to be levied and raised, as above mentioned, on the taxable property of the city, on the application of the board of education..
The schools of the Public School Society, including its normal schools, the New-York Orphan Asylum school, the Roman Catholic Orphan Asylum school, the schools of the two half-orphan asylums, the school of the Mechanics' Society, the Harlem school, the Yorkville public school, the Manhattan ville free school, the Hamilton free school, the Institution for the Blind, the school of the Leake and Watts Orphan House, the school connected
with the Alms-House, and the school of the Association for the benefit of Colored Orphans, are respectively entitled to participate in the apportionment of the school fund, and are made subject to the general supervision of the board of education, but left under the immediate government and management of their respective trustees, managers and directors. The titles to all school property, real or personal, hereafter to be purchased by either of such societies, with funds derived from the school moneys so apportioned, are declared to be vested in the common council.
The board of education are required to apportion the school moneys received from the state, and raised upon the city, (with the exception of the amount raised for the establishment and organization of new schools, as above specified,) among the several schools and societies entitled to participate therein, according to the number of children over four and under sixteen years of age, who shall have actually attended said schools, without charge, the preceding year; the average attendance to be ascertained by adding together the number of such children present at each morning and evening session, and dividing the same by 480; and in that proportion where schools have been organized at any intermediate period during the year. Where any school, by reason of peculiar circumstances is equitably entitled to a larger sum than its proportion so ascertained, the board are authorized to make such additional allowance as they may think expedient. “But no school shall be entitled to a portion of school moneys, in which the religious sectarian doctrine or tenet of any particular Christian or other religious sect shall be taught, inculcated, or practised, or in which any book or books containing compositions, favorable or prejudicial to the particular doctrine or tenets of any Christian sect, or which shall teach the doctrine or tenets of any other religious sect, or which shall refuse or [to ?] permit the visit and examinations provided for in this act. “But nothing herein contained shall authorize the board of education to exclude the Holy Scriptures without note or comment, or any selections therefrom, from any of the schools provided for by this act : but it shall not be competent for the board of education to decide what version, if any, of the Holy